HomeMy WebLinkAboutTukwila Municipal Code - Title 08 - Public Peace and Safety (Updated February 2025)TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
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TITLE 8
PUBLIC PEACE, MORALS
AND SAFETY
8.80 Miscellaneous Crimes
8.90 Construction and Severability
8.100 Custodial Care Standards for Detention Facilities
Chapters:
8.01 Preliminary Article
8.02 Crimes Relating to Advertising
8.03 Alcoholic Beverages
8.04 Cruelty to Animals.
8.05 Anticipatory Offenses
8.06 Crimes Relating to Children and Minors
8.07 Controlled Substances, Paraphernalia, Poisons and
Toxic Fumes
8.08 False Alarms
8.09 Crimes Relating to Fire
8.10 Firearms and Dangerous Weapons
8.11 Disposal of Forfeited and Surplus Firearms
8.12 Fireworks Repealed by Ordinance No. 2650, January
2021
8.16 Fire Protection
8.20 Frauds, Swindles and False Representations
8.21 Gambling Offenses
8.22 Noise
8.23 Trespass Warnings on City Property
8.24 Junk Vehicles and Improper Storage of Vehicles
8.25 Vehicle Storage and Parking on Single-Family
Residential Property Repealed by Ordinance No. 2518,
December 2016
8.26 Vehicle Trespass
8.27 Chronic Nuisance Properties
8.28 Nuisances
8.29 Soliciting in Certain Areas Prohibited Repealed by
Ordinance No. 2419, November 2013
8.30 Crimes Relating to Persons
8.40 Crimes Relating to Property
8.45 Enforcement
8.46 Relocation Assistance Program
8.47 Fair Housing Regulations
8.48 Unfit Dwellings, Buildings and Structures
8.50 Crimes Relating to Public Morals
8.60 Crimes Relating to Public Officers
8.70 Crimes Relating to Public Peace
8.72 Street Racing
Produced by the City of Tukwila, City Clerk’s Office
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
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CHAPTER 8.01
PRELIMINARY ARTICLE
Sections:
8.01.010 General Provisions
8.01.015 Arrest of Probation Violators
8.01.020 Principles of Liability
8.01.030 Defenses
8.01.040 Contempt
8.01.050 Penalties
8.01.010 General Provisions
The following statutes of the State of Washington are adopted
by reference:
RCW 9.01.055 Citizen, immunity of aiding officer.
RCW 9.01.110 Omission, when not punishable.
RCW 9.01.130 Sending letter, when complete.
RCW 9A.04.020 Purposes – Principles of construction.
RCW 9A.04.050 People capable of committing crimes
(capability of children).
RCW 9A.04.060 Common law to supplement statutes.
RCW 9A.04.070 Who amenable to criminal statutes.
RCW 9A.04.090 Application of general provisions of the
code.
RCW 9A.04.100 Proof beyond a reasonable doubt.
RCW 9A.04.110 Definitions.
(Ord. 1363 §1 (part), 1985)
8.01.015 Arrest of Probation Violators
Whenever a police officer shall have probable cause to
believe that a probationer, prior to the termination of the period of
his/her probation, is, in such officer’s presence, violating or failing
to comply with any requirement or restriction imposed by the court
as a condition of such probation, such officer may cause the
probationer to be brought before the court wherein sentence was
deferred or suspended, and for such purpose such police officer
may arrest such probationer without warrant or other process.
As used in this section “probationer” means any person who,
after conviction of violation of a provision of this code, an
ordinance of the county, or a law of the State, has been placed on
probation in connection with the suspension or deferral of
sentence by either the Tukwila Municipal Court, a district court of
King County, or the King County Superior Court.
(Ord. 1505 §1, 1989)
8.01.020 Principles of Liability
The following statutes of the State of Washington are adopted
by reference:
RCW 9A.08.010 General requirements of culpability.
RCW 9A.08.020 Liability for conduct of another, complicity.
RCW 9A.08.030 Criminal liability of corporations and
persons acting under a duty to act in their
behalf.
(Ord. 1363 §1 (part), 1985)
8.01.030 Defenses
The following statutes of the State of Washington are adopted
by reference:
RCW 9A.12.010 Insanity.
RCW 9A.16.010 Definition.
RCW 9A.16.020 Use of force – When lawful.
RCW 9A.16.060 Duress.
RCW 9A.16.070 Entrapment.
RCW 9A.16.080 Action for being detained on mercantile
establishment of premises for investigation-
“Reasonable grounds” as defense.
RCW 9A.16.090 Intoxication.
(Ord. 1363 § (part), 1985)
8.01.040 Contempt
The following statutes of the State of Washington, as now in
effect or as may be subsequently amended or recodified, are
hereby adopted by reference:
RCW 7.21.010 Definitions.
RCW 7.21.020 Sanctions – Who may impose.
RCW 7.21.030 Remedial sanctions – Payment for losses.
RCW 7.21.040 Punitive sanctions – Fines.
RCW 7.21.050 Sanctions – Summary imposition –
Procedure.
(Ord. 2497 §1, 2016; Ord. 1363 §1 (part), 1985)
8.01.050 Penalty
Except as otherwise provided in RCW 35.21.163 as now in
effect or as may be subsequently amended, any person violating
any provision of this title shall be guilty of a gross misdemeanor
and shall be punished by a fine not to exceed $5,000.00, or by
imprisonment in jail for a term not exceeding one year, or by both
such fine and imprisonment.
(Ord. 1710 §1, 1994; Ord. 1677 §15, 1993;
Ord. 1363 §1 (part), 1985)
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
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CHAPTER 8.02
CRIMES RELATING TO ADVERTISING
Sections:
8.02.010 Advertising Prohibitions
8.02.010 Advertising Prohibitions
The Revised Code of Washington (RCW) section, 9.04.010 –
False advertising, is hereby adopted by reference.
(Ord. 1677 §2, 1993; Ord. 1363 §1 (part), 1985)
CHAPTER 8.03
ALCOHOLIC BEVERAGES
Sections:
8.03.010 Alcoholic Beverage Control – Enforcement
8.03.010 Alcoholic Beverage Control – Enforcement
The following statutes of the State of Washington are adopted
by reference, as presently constituted or hereinafter amended,
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:
66.04.010 Definitions.
66.20.200 Unlawful acts relating to card of identification and
certification card‑ Penalties.
66.20.210 Licensee’s immunity to prosecution or suit ‑‑
Certification card as evidence of good faith.
66.28.080 Permit for music and dancing upon licensed
premises.
66.28.090 Licensed premises or banquet permit premises
open to inspection ‑‑ Failure to allow, violation.
66.44.010 Local officers to enforce law ‑‑ Authority of board ‑
‑ Liquor enforcement officers.
66.44.040 Sufficiency of description of offenses in complaints,
informations, process, etc.
66.44.050 Description of offense in words of statutes ‑‑ Proof
required.
66.44.060 Proof of unlawful sale establishes prima facie
intent.
66.44.070 Certified analysis is prima facie evidence of
alcoholic content.
66.44.080 Service of process on corporation.
66.44.090 Acting without license.
66.44.100 Opening or consuming liquor in public place ‑‑
Penalty.
66.44.120 Unlawful urse of seal.
66.44.130 Sales of liquor by drink or bottle.
66.44.140 Unlawful sale, transportation of spirituous liquor
without stamp or seal * Unlawful operation,
possession of still or mash.
66.44.150 Buying liquor illegally.
66.44.160 Illegal possession, transportation of alcoholic
beverages.
66.44.170 Illegal possession of liquor with intent to sell ‑‑
Prima facie evidence, what is.
66.44.175 Violations of law.
66.44.180 General penalties ‑ Jurisdiction for violations.
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66.44.200 Sales to persons apparently under the influence of
liquor‑‑ Purchases or consumption by persons
apparently under the influence of liquor on licensed
premises ‑‑ Penalty ‑‑ Notice ‑‑
Separation of actions.
66.44.210 Obtaining liquor for ineligible person.
66.44.240 Drinking in public conveyance - Penalty against
carrier ‑ Exception.
66.44.250 Drinking in public conveyance - Penalty against
individual ‑‑ Restricted application.
66.44.270 Furnishing liquor to minors ‑ Possession, use ‑‑
Penalties ‑‑ Exhibition of effects ‑‑ Exceptions.
66.44.280 Minor applying for permit.
66.44.290 Minor purchasing or attempting to purchase liquor ‑
‑ Penalty.
66.44.300 Treats, gifts, purchases of liquor for or from minor,
or holding out minor as at least twenty‑one, in
public place where liquor sold.
66.44.310 Minors frequenting off‑limits area ‑‑
Misrepresentation of age ‑‑ Penalty ‑‑
Classification of licensees.
66.44.316 Certain persons eighteen years and over permitted
to enter and remain upon licensed premises during
employment.
66.44.325 Unlawful transfer to minor of age identification.
66.44.328 Preparation or acquisition and supply to persons
under age twenty‑one of facsimile of official
identification card ‑‑ Penalty.
66.44.340 Employees eighteen years and over allowed to sell
and handle beer and wine for certain licensed
employers.
66.44.370 Resisting or opposing officers in enforcement of
title.
(Ord. 2151 §1, 2007)
CHAPTER 8.04
CRUELTY TO ANIMALS
Sections:
8.04.010 Cruelty Prohibited
8.04.020 Abuse of Police Animals
8.04.010 Cruelty Prohibited
No person shall, within the corporate limits of the City, beat,
whip or mistreat any beast of burden or other animal or bird, nor
shall any person starve, neglect to feed, or underfeed any animal
or bird, or subject the same to circumstances of unusual or
unnecessary hardship and suffering; provided however, that the
provisions of this chapter shall not apply to the ordinary treatment
of animals in any rodeo or other show licensed under laws of the
City.
(Ord. 1677 §16 (part), 1993)
8.04.020 Abuse of Police Animals
It shall be unlawful for any person to willfully or maliciously
torture, torment, beat, kick, strike, choke, cut, stab, stone, shoot,
mutilate, injure, disable, kill, arouse, anger or excite, or to interfere
with or meddle with any animal while it is being caged, kenneled,
transported, exhibited, exercised, or used in discharging or
attempting to discharge any lawful duty or function or power of
office, by any bona fide police officer or his representative, for any
police agency.
(Ord. 1677 §16 (part), 1993)
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CHAPTER 8.05
ANTICIPATORY OFFENSES
Sections:
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
(Ord. 1363 §1 (part), 1985)
CHAPTER 8.06
CRIMES RELATING TO
CHILDREN AND MINORS
Sections:
8.06.010 Conduct Prohibited
8.06.015 Leaving Minor Children in Unattended Vehicle
8.06.020 Contributing to the Delinquency of a Minor
8.06.030 Custodial Interference – Prohibited
8.06.040 Custodial Interference – Assessment of Costs –
Defense – Consent Defense Restricted
8.06.050 Exposing Minor Children to Domestic Violence
8.06.010 Conduct Prohibited
The following statutes of the State of Washington are adopted
by reference:
RCW 9A.44.096 Sexual misconduct with a minor in the
second degree.
RCW 9.68A.110
(1) (2) (5) Certain defenses barred, permitted.
RCW 9.68A.120 Seizure and forfeiture of property.
RCW 9.68A.140 Definitions.
RCW 9.68A.150 Minor Access to Erotic Materials.
RCW 9.68A.160 Penalty.
(Ord. 1805 §1, 1997; Ord. 1677 §12, 1993;
Ord. 1363 §1 (part), 1985)
8.06.015 Leaving Minor Children in Unattended
Vehicle
A.No person shall, while operating or otherwise in charge
of any motor vehicle, park or allow such vehicle to stand or remain
in any public place, leaving a child or children under the age of
twelve years unattended therein. The crime of leaving minor
children in an unattended vehicle is a misdemeanor.
B.Probable cause for this offense is established only in
circumstances where an officer on the scene:
1.Believes there is an imminent threat of property
damage or bodily injury or death to any person; or
2.Is able to articulate reasons from personal
observation tending to establish some threat to the safety of
persons or property. Articulated reasons sufficient to establish
probable cause under this subsection shall include without
limitation excessive heat or cold, age of the occupants in the
vehicle under observation, the existence of the ignition key for that
vehicle in the ignition switch, or the fact that the engine of the
vehicle under observation is running.
(Ord. 1535 §1, 1989)
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8.06.020 Contributing to the Delinquency of a Minor
A. A person is guilty of contributing to the delinquency of a
child if, by act or omission, he knowingly causes or encourages a
child to commit, or otherwise contributes to a child’s commission
of, any delinquent act. Contributing to delinquency of a child is a
misdemeanor.
B. For purposes of this section, the following definition shall
apply:
1. “Child” means any person under the age of 18 years
at the time of the act complained of; and
2. “Delinquent act” means any act or omission for
which an adult could be charged with a crime.
(Ord. 1531 §1, 1989; Ord. 1363 §1 (part), 1985)
8.06.030 Custodial Interference – Prohibited
A. A parent of a child is guilty of custodial interference in the
second degree if:
1. The parent takes, entices, retains, detains, or
conceals the child, with the intent to deny access from the other
parent having the lawful right to time with the child pursuant to a
court-ordered parenting plan; or
2. The parent has not complied with the residential
provisions of a court-ordered parenting plan after a finding of
contempt under RCW 26.09.160(3); or
3. The court finds that the parent has engaged in a
pattern of willful violations of the court-ordered residential
provisions.
B. Nothing in TMC 8.06.030A.2 prohibits conviction of
custodial interference in the second degree under TMC
8.06.030A.1 & A.3 in absence of findings of contempt.
C. The first conviction of custodial interference is a gross
misdemeanor.
(Ord. 1569 §1 (part), 1990)
8.06.040 Custodial Interference – Assessment of
Costs – Defense – Consent Defense Restricted
A. Any reasonable expenses incurred in locating or
returning a child or incompetent person shall be assessed against
a defendant convicted under TMC 8.06.030.
B. In any prosecution of custodial interference, it is a
complete defense, if established by the defendant by a
preponderance of the evidence, that:
1. The defendant’s purpose was to protect the child,
incompetent person, or himself or herself from imminent physical
harm; that the belief in the existence of the imminent physical harm
was reasonable; and that the defendant sought the assistance of
the police, sheriff’s office, protective agencies, or the court of any
state before committing the acts giving rise to the charges or within
a reasonable time thereafter;
2. The complainant had, prior to the defendant
committing the acts giving rise to the crime, for a protracted period
of time failed to exercise his or her rights to physical custody or
access to the child under a court-ordered parenting plan or order
granting visitation rights, provided that such failure was not the
direct result of the defendant’s denial of access to such person;
3. The acts giving rise to the charges were consented
to by the complainant; or
4. The offender, after providing or making a good faith
effort to provide notice to the person entitled to access to the child,
failed to provide access to the child due to reasons that a
reasonable person would believe were directly related to the
welfare of the child, and allowed access to the child in accordance
with the court order within a reasonable period of time. The burden
of proof that the denial of access was reasonable is upon the
person denying access to the child.
C. Consent of a child less than 16 years of age or of an
incompetent person does not constitute a defense to an action
under TMC 8.06.030.
(Ord. 1569 §1 (part), 1990)
8.06.050 Exposing Minor Children to Domestic
Violence
A. A person commits the crime of exposing children to
domestic violence when he or she:
1. Commits a crime against a family or household
member, as defined in RCW 10.99.020; and
2. The crime is committed in the immediate presence
of, or is witnessed or heard by, the person’s or the victim’s minor
child, minor stepchild, or a minor child residing within the
household of the person or victim.
3. For the purposes of this section, “minor” shall mean
under 18 years of age on the date of the violation.
B. Exposing children to domestic violence is a gross
misdemeanor. Any person convicted of this crime shall be
punished by imprisonment of not less than 30 days.
(Ord. 2614 §1, 2019)
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CHAPTER 8.07
CONTROLLED SUBSTANCES,
PARAPHERNALIA, POISONS
AND TOXIC FUMES
Sections:
8.07.010 State Statutes Adopted by Reference
8.07.020 Crimes and Penalties not Specifically Referenced
8.07.030 Inhaling Toxic Fumes
8.07.050 Poisons
8.07.010 State Statutes Adopted by Reference
The following statutes of the State of Washington, as now in
effect or as may be subsequently amended, are hereby adopted
by reference as if set forth in full herein to non-felonies:
RCW 69.41.030 Sale, delivery, or possession of
legend drug without prescription or
order prohibited—Exceptions—
Penalty.
RCW 69.50.101 Definitions.
RCW 69.50.102 Drug Paraphernalia–Definitions.
RCW 69.50.309 Containers.
RCW 69.50.4011 Counterfeit substances – Penalties.
RCW 69.50.4013 Possession of controlled substance –
Penalty – Possession of useable
cannabis, cannabis concentrates, or
cannabis-infused products – Delivery.
RCW 69.50.4014 Possession of Forty Grams or Less of
Marijuana–Penalty.
RCW 69.50.4016 Provisions not applicable to offenses
under RCW 69.50.410.
RCW 69.50.412 Prohibited Acts: E–Penalties.
RCW 69.50.4121 Drug paraphernalia – Selling or giving
– Penalty.
RCW 69.50.420 Violations – Juvenile driving
privileges.
RCW 69.50.435 Violations committed in or on certain
public places or facilities – Additional
penalty – Defenses – Construction –
Definitions.
RCW 69.50.505 Seizure and Forfeiture.
RCW 69.50.506 Burden of Proof.
RCW 69.50.509 Search and Seizure of
Controlled Substances.
(Ord. 2710 §2, 2023; Ord. 2049 §1, 2004;
Ord. 1568 §2, 1990; Ord. 1363 §1 (part), 1985)
8.07.020 Crimes and Penalties not Specifically
Referenced
Any act or omission defined as a misdemeanor or gross
misdemeanor in State law and not specifically identified in this
chapter is also adopted by reference, as now enacted or hereafter
amended. Any penalty in Article IV of chapter 69.50 RCW for a
non-felony violation not specifically identified in this chapter is also
adopted by reference, as now enacted or hereafter amended.
(Ord. 2710 §5, 2023)
8.07.030 Inhaling Toxic Fumes
The following statutes of the State of Washington are adopted
by reference:
RCW 9.47A.010 Definition.
RCW 9.47A.020 Unlawful inhalation – Exception.
RCW 9.47A.030 Possession of certain substances
prohibited, when.
RCW 9.47A.040 Sale of certain substances prohibited,
when.
(Ord. 1495 §1, 1988; Ord. 1363 §1(part), 1985)
8.07.050 Poisons
The following state statutes (RCW) are hereby adopted by
reference:
69.38.020 Poison defined.
69.38.020 Exceptions.
69.38.030 Poison Register.
69.38.040 Poison Register – Penalty for violations.
69.38.060 License Required.
(Ord. 1677 §7, 1993)
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CHAPTER 8.08
FALSE ALARMS
Sections:
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
8.08.010 Audible Alarm Nuisance
Any alarm audible upon abutting 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.
(Ord. 1363 §1 (part), 1985)
8.08.020 Outside Audible Intrusion Alarm – Notice Required
Any person connecting an outside audible intrusion alarm to
any building located within the City limits shall notify the Police
Department of the City of such connection.
(Ord. 1363 §1 (part), 1985)
8.08.030 Automatic Telephone Dialing System –
Connection with Police and Fire Communications
Prohibited
No person shall connect any automatic telephone dialing
system to the Tukwila Police Department, Tukwila Fire
Department, or Valley Communications.
(Ord. 1363 §1 (part), 1985)
8.08.040 False Alarm – Fines
In the event that any department of the City receives or
responds to a total of more than one false alarm 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 10 days of receipt of written bill
therefor, pay to the City the fee charged in accordance with the fee
schedule to be adopted by resolution of the Tukwila City Council.
(Ord. 2634 §1, 2020; Ord. 1363 §1 (part), 1985)
CHAPTER 8.09
CRIMES RELATING TO FIRE
Sections:
8.09.010 Reckless Burning
8.09.020 Fire – Miscellaneous Crimes
8.09.010 Reckless Burning
The following statutes of the State of Washington are adopted
by reference.
RCW 9A.48.010 Definition.
RCW 9A.48.050 Reckless burning.
RCW 9A.48.060 Reckless burning – Defenses.
(Ord. 1677 §8, 1993: Ord. 1363 §1 (part), 1985)
8.09.020 Fire – Miscellaneous Crimes
The following statutes of the State of Washington are adopted
by reference:
RCW 9.40.040 Operating engine or boiler without spark
arrester.
(Ord. 1363 §1 (part), 1985)
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CHAPTER 8.10
FIREARMS AND DANGEROUS WEAPONS
Sections:
8.10.010 Firearms and Dangerous Weapons – Prohibitions
8.10.020 Unlawful Use of Air Guns – Penalty
8.10.030 Discharge of Firearms Prohibited
8.10.050 Penalty
8.10.010 Firearms and Dangerous Weapons –
Prohibitions
The following statutes of the State of Washington, as
presently constituted and hereinafter amended, are adopted by
reference:
RCW 9.41.010 Terms defined.
RCW 9.41.050 Carrying firearms.
RCW 9.41.060 Exceptions to restrictions on carrying
firearms.
RCW 9.41.070 Concealed pistol license – Application –
Fee – Renewal.
RCW 9.41.080 Delivery to ineligible persons.
RCW 9.41.090 Dealer deliveries regulated – Hold on
delivery.
RCW 9.41.098 Forfeiture of firearms – Disposition –
Confiscation.
RCW 9.41.100 Dealer licensing and registration
required.
RCW 9.41.120 Firearms as loan security.
RCW 9.41.140 Alteration of identifying marks –
Exceptions.
RCW 9.41.170 Alien’s license to carry firearms –
Exception.
RCW 9.41.230 Aiming or discharging firearms,
dangerous weapons.
RCW 9.41.240 Possession of pistol by person from
eighteen to twenty-one.
RCW 9.41.250 Dangerous weapons – Penalty.
RCW 9.41.260 Dangerous exhibitions.
RCW 9.41.270 Weapons apparently capable of
producing bodily harm – Unlawful
carrying or handling – Penalty –
Exceptions.
RCW 9.41.280 Possessing dangerous weapons on
school facilities – Penalty – Exceptions.
RCW 9.41.300 Weapons prohibited in certain places –
Local laws and ordinances – Exceptions
– Penalty.
(Ord. 1905 §1, 2000; Ord. 1363 §1 (part), 1985)
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, hardtipped arrow, bean, pea, BB, rock or
other hard substance a distance of more than 25 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.
(Ord. 1363 §1 (part), 1985)
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.
(Ord. 1363 §1 (part), 1985)
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 $1,000.00, or by imprisonment in
jail for a term not exceeding 90 days, or by both such fine and
imprisonment.
(Ord. 1363 §1 (part), 1985)
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CHAPTER 8.11
DISPOSAL OF FORFEITED
AND SURPLUS FIREARMS
Sections:
8.11.010 Applicable Weapons
8.11.020 Retention of Firearms for Department Use
8.11.030 Destruction of Forfeited Firearms
8.11.040 Legislative Exemption for the Destruction of Certain
Firearms
8.11.050 Severability
8.11.010 Applicable Weapons
A. All illegal firearms as defined by RCW or the Federal
Bureau of Alcohol, Tobacco, and Firearms (ATF) regulations, and
“short firearms” (handguns) within the inventory of the Tukwila
Police Department up to midnight June 30, 1993, and all rifles,
shotguns and short firearms that come into the possession of the
Tukwila Police Department after June 30, 1993 that are judicially
forfeited under RCW 9.41.098, no longer needed for evidence, or
forfeited due to a failure to make a claim under RCW 63.32.010 or
63.40.010, or any surplus firearm from the inventory of Tukwila
Police Department Service weapons, shall be disposed of by the
Tukwila Police Department in the manner set forth in this chapter.
B. Any “short firearm” (handgun) in the inventory of the
Tukwila Police Department up to midnight June 30, 1993,
destroyed by the City of Tukwila shall cause the City to pay a sum
of $25.00 per handgun to the Treasurer of the State of
Washington.
C. All legal rifles, shotguns, and antique or relic weapons as
described in TMC 8.11.040 in the inventory of the Tukwila Police
Department up to midnight June 30, 1993 shall be disposed of
through trade and/or auction by commercial sellers.
(Ord. 1668 §1 (part), 1993)
8.11.020 Retention of Firearms for Department Use
A. Any firearm seized after June 30, 1993, having been
adjudicated as forfeited to the Tukwila Police Department or
forfeited due to a failure to make a claim under applicable State
law, that is no longer needed for evidence, that is determined to
be of functional value to the Police Service of the City of Tukwila,
may be retained for department use. At no time shall the annual
number of Department-retained firearms exceed 10% of the total
number of firearms forfeited to the Department in any calendar
year.
B. Any firearm declared surplus from the inventory of
Tukwila Police Department service weapons shall be destroyed in
the manner set out in this chapter under 8.11.030.
(Ord. 1668 §1 (part), 1993)
8.11.030 Destruction of Forfeited Firearms
All illegal firearms, all “short firearms” (handguns) in inventory
of the Tukwila Police Department up to midnight June 30, 1993,
all firearms legally forfeited to the Tukwila Police Department after
June 30, 1993, no longer needed for evidence, and all firearms
declared surplus from the inventory of weapons in service by the
Tukwila Police Department, with the exception of exempted
firearms as set out in TMC 8.11.040, shall be destroyed by
appropriate means available, under the direction of the Police
Department Evidence person.
(Ord. 1668 §1 (part), 1993)
8.11.040 Legislative Exemption for the Destruction of
Certain Firearms
A. No antique firearm as defined by RCW 9.41.150, or
firearm designated a curio, relic, or firearm of particular historical
significance as described in the published regulations of the
Bureau of Alcohol, Tobacco, and Firearms, may be destroyed.
B. Any antique or relic firearm meeting the definition of this
section may be retained by the Department.
1. All other firearms meeting the definition of this
section shall be traded to commercial sellers for equal value
applicable police supplies/equipment, or auctioned to commercial
sellers.
2. Any proceeds received from the trade or auction of
firearms under this chapter shall be utilized in the furtherance of
the Police Mission.
(Ord. 1668 §1 (part), 1993)
8.11.050 Severability
If any section, sentence, clause or phrase of this chapter
should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this chapter.
(Ord. 1668 §2, 1993)
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CHAPTER 8.12
FIREWORKS
Sections:
8.12.010 Sale of Fireworks Prohibited
8.12.020 Ban on Fireworks Discharge
8.12.030 Fireworks Discharge, Enforcement Authority
8.12.040 Fireworks Discharge, Penalties
This Chapter was repealed by Ordinance No. 2650, January 2021.
CHAPTER 8.16
FIRE PROTECTION
Sections:
8.16.010 Interference with Firefighters
8.16.020 Following Fire Apparatus
8.16.030 Driving Over Hose
8.16.040 Penalty
8.16.010 Interference with Firefighters
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 firefighters while on
duty at a fire or at drill.
(Ord. 1363 §1 (part), 1985)
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 500 feet or drive into or park such vehicle
within the block where fire apparatus has stopped in answer to a
fire alarm.
(Ord. 1363 §1 (part), 1985)
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.
(Ord. 1363 §1 (part), 1985)
8.16.040 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 $1,000.00 or by imprisonment in
jail for a period not to exceed 90 days, or by both such fine and
imprisonment.
(Ord. 1363 §1(part), 1985)
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CHAPTER 8.20
FRAUDS, SWINDLES AND
FALSE REPRESENTATIONS
Sections:
8.20.010 Frauds and Swindles
8.20.020 False Representations
8.20.010 Frauds and Swindles
The following statutes of the State of Washington, as now in
effect or as may be subsequently amended or recodified, are
hereby adopted by reference
RCW 9.26A.100 Definitions.
RCW 9.26A.110 Fraud in obtaining telecommunications
service – Penalty.
RCW 9.26A.120 Fraud in operating coin-box telephone or
other receptacle.
RCW 9.26A.130 Penalty for manufacture or sale of slugs
to be used for coin.
RCW 9.45.060 Encumbered, leased, or rented personal
property – Construction.
RCW 9.45.070 Mock auctions.
RCW 9.45.080 Fraudulent removal of property.
RCW 9.45.090 Knowingly receiving fraudulent
conveyance.
RCW 9.45.100 Fraud in assignment for benefit of
creditors.
RCW 9A.56.096 Theft of rental, leased, lease-purchased,
or loaned property.
RCW 9A.56.330 Possession of another's identification.
RCW 9A.60.010 Definitions.
RCW 9A.60.040 Criminal impersonation in the first
degree.
RCW 9A.60.045 Criminal impersonation in the second
degree.
RCW 9A.60.050 False certification.
(Ord. 2497 §2, 2016; Ord. 2049 §2, 2004;
Ord. 1907 §1, 2000)
8.20.020 False Representations
The following statutes of the State of Washington are adopted
by reference:
RCW 9.38.010 False representation concerning credit.
RCW 9.38.015 False statement by deposit account
applicant.
RCW 9.38.020 False representation concerning title.
(Ord. 1807 §1, 1997; Ord. 1363 §1 (part), 1985)
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CHAPTER 8.21
GAMBLING OFFENSES
Sections:
8.21.010 Gambling Offenses – Enforcement
8.21.010 Gambling Offenses – Enforcement
The following statutes of the State of Washington, as presently
constituted or hereinafter amended, are adopted by reference:
RCW 9.46.010 Legislative declaration.
RCW 9.46.0201 “Amusement game.”
RCW 9.46.0205 “Bingo.”
RCW 9.46.0209 “Bona fide charitable or nonprofit
organization.”
RCW 9.46.0213 “Bookmaking.”
RCW 9.46.0217 “Commercial stimulant.”
RCW 9.46.0221 “Commission.”
RCW 9.46.0225 “Contest of chance.”
RCW 9.46.0229 “Fishing derby.”
RCW 9.46.0233 “Fund raising event.”
RCW 9.46.0237 “Gambling.”
RCW 9.46.0241 “Gambling device.”
RCW 9.46.0245 “Gambling information.”
RCW 9.46.0249 “Gambling premises.”
RCW 9.46.0253 “Gambling record.”
RCW 9.46.0257 “Lottery.”
RCW 9.46.0261 “Member,” “bona fide member.”
RCW 9.46.0265 “Player.”
RCW 9.46.0269 “Professional gambling.”
RCW 9.46.0273 “Punch boards,” “pull-tabs.”
RCW 9.46.0277 “Raffle.”
RCW 9.46.0282 “Social card game.”
RCW 9.46.0285 “Thing of value.”
RCW 9.46.0289 “Whoever,” “person.”
RCW 9.46.190 Violations relating to fraud or deceit.
RCW 9.46.193 Cities and towns – Ordinance adopting
certain sections of chapter – Jurisdiction of
courts.
RCW 9.46.195 Obstruction of public servant – Penalty.
RCW 9.46.196 Cheating – Defined.
RCW 9.46.1962 Cheating in the second degree.
RCW 9.46.198 Working in gambling activity without license
as violation – Penalty.
RCW 9.46.210 Enforcement – Commission as a law
enforcement agency.
RCW 9.46.215 Ownership or interest in gambling device –
Penalty – Exceptions.
RCW 9.46.217 Gambling records – Penalty – Exceptions.
RCW 9.46.222 Professional gambling in the third degree.
RCW 9.46.231 Gambling devices, real and personal
property – Seizure and forfeiture.
RCW 9.46.235 Slot machines, antique – Defenses
concerning – Presumption created.
RCW 9.46.240 Gambling information, transmitting or
receiving.
RCW 9.46.250 Gambling property or premises – Common
nuisances, abatement – Termination of
interests, licenses – Enforcement.
RCW 9.46.260 Proof of possession as evidence of
knowledge of its character.
(Ord. 2099 §1, 2005)
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CHAPTER 8.22
NOISE
Sections:
8.22.010 Policy and Application
8.22.020 Definitions
8.22.030 General Powers of the Administrator
8.22.040 Measurement of Sound
8.22.050 Maximum Permissible Sound Levels
8.22.060 Muffler Requirements
8.22.070 Modification of Motor Vehicles
8.22.080 Tire Noise
8.22.090 Motor Vehicle Exemptions
8.22.100 Sounds Exempt at all Times
8.22.110 Sounds Exempt During Daytime Hours
8.22.120 Variances
8.22.130 Extension
8.22.140 Fees for Variances
8.22.150 Violation – Penalty
8.22.160 Liability
8.22.010 Policy and Application
A. It is the policy of the City to minimize the exposure of
citizens to the physiological and psychological effects of excessive
noise and to protect, promote and preserve the public health,
safety and welfare. It is the express intent of the City to control the
level of noise in a manner which promotes commerce; the use,
value and enjoyment of property; sleep and repose; and the quality
of the environment.
B. The following environments have been identified and
approaches adopted:
1. Use of Property. The different zoning districts of the
City establish lawful uses which can be anticipated to produce
noise at certain reasonable levels associated with these uses. The
provisions of TMC Section 8.22.050 utilize thresholds consistent
with those set forth in Chapter 70A.20 RCW entitled "Noise
Control" and Chapter 173-60 WAC entitled "Maximum
Environmental Noise Levels." Regulation of noise due to the use
of property for commercial and industrial purposes or operation of
fixed equipment in any zone is appropriate for the use of noise
measuring devices and a decibel-based approach. Properly
trained and certified City staff or a certified consultant trained in
the field of sound level measurement can be utilized in these
situations when warranted.
2. Sporadic noise that is loud and raucous, such as
noise due to social gatherings, car repair, landscape maintenance,
or amplified music, and noise generated for the purpose of
annoyance, is more episodic in nature and subject to the plainly
audible standard. The provisions of TMC Section 8.22.050(3) are
aimed at those situations that are difficult or impossible to address
through measurement pursuant to TMC Sections 8.22.050(1) and
(2). In administering and enforcing the provisions of this chapter,
the City desires to coordinate the application of these two (2)
approaches.
3. Similarly, public uses of the rights-of-way, such as
parades, and First Amendment speech such as a lawful
demonstration should be differentiated from pure commercial
speech. Pure commercial speech has been defined by the U.S.
Supreme Court as speech "which does no more than propose a
commercial transaction." Such speech while protected is
susceptible of regulation; provided, that the City address the
legitimate public concern of noise pollution in a thoughtful and
targeted manner. The content of the speech shall not be
considered against any person in determining a violation of this
Chapter.
4. Finally, the City recognizes that the use of bells,
chimes, carillons, and drums may constitute a call to worship and
accordingly such a use is protected as religious speech under the
First Amendment. These noises are appropriate when limited by
reasonable time, place and manner restrictions.
(Ord. 2723 §2, 2023; Ord. 2293 §2, 2010)
8.22.020 Definitions
As used in this chapter, the following terms shall have the
meanings set forth in this section, unless a different meaning is
clearly indicated by the context in which the term is used. Terms
not defined herein shall be interpreted using the meaning they
have in common usage and to give this chapter its most
reasonable application.
1. “Administrator” means the Director of Community
Development, the Chief of Police, or their designee, including the
Hearing Examiner.
2. “Affected tenant” means a business located within
a required public notice area which conducts business or
maintains open hours during the time period in which a noise
variance is sought. For example, businesses closed during the
night are not affected tenants when a nighttime noise variance is
sought. “Affected tenants” refers to business tenants only and not
residential tenants.
3. “Audio equipment” means compact disc players,
radios, stereo systems, televisions, video cassette recorders, mp3
players and other such devices.
4. “Commercial music” means music originating from
or in connection with the operation of any commercial
establishment or enterprise.
5. “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.
6. “Daytime” means 7AM-10PM, Monday through
Friday and 8AM-10PM, Saturday, Sunday and State-recognized
holidays.
7. “dB(A)” means the sound level measured in
decibels, using the A-weighting network.
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8.“District” or “noise control district” means the
land use zones to which the provisions of this chapter are applied.
For the purposes of this chapter:
a.“Residential district” includes zones
designated as LDR, MDR and HDR;
b.“Commercial district” includes zones
designated as MUO, O, RCC, NCC, RC, RCM, TUC, C/LI and
TVS; and
c.“Industrial district” includes zones designated
as LI, HI, MIC/L and MIC/H.
9.“Emergency work” means work required to restore
property to a safe condition following a public calamity, or work
required to protect persons or property from an imminent exposure
to danger, or work required to restore property to a safe operating
condition following a weather event, or work by private or public
utilities for restoring immediately necessary utility service.
10.“Equipment” means any stationary or portable
device or any part thereof capable of generating sound.
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
equipment and vehicles powered by engines of less than five
horsepower shall not be included.
12.“Motor vehicle” means any vehicle that is self-
propelled, 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 the term is
used herein.)
13.“Motor vehicle sound systems” means audio
equipment installed or used in a motor vehicle.
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
designed to reduce the sound resulting therefrom.
15.“Nighttime” means 10pm-7am, Monday through
Friday and 10pm-8am, Saturday, Sunday and State-recognized
holidays.
16.“Noise” means the intensity, duration and character
of sounds from any and all sources.
17.“Person” means any individual, firm, association,
partnership, corporation or any other entity, public or private.
18. “Plainly audible” means sound made by a sound-
producing source that can be heard by a person using their
unaided hearing faculties. Plainly audible sound includes any
component of sound, including but not limited to, rhythmic bass or
comprehensible musical rhythms. It is not necessary for such
person to be able to determine the title, specific words or artist of
music or the content of any speech for the sound to be considered
“plainly audible.”
19. “Public highway” means the entire width between
the boundary lines of every way publicly maintained by the
Washington State Department of Transportation (WSDOT) or any
county or city, when any part thereof is generally for the use of the
public for purposes of vehicular travel or a matter of right.
20. “Real property” means an interest or aggregate of
rights in land that is guaranteed and protected by law; for purposes
of this chapter, the term “real property” includes a leasehold
interest.
21. “Receiving property” means real property within
which the maximum permissible sound levels specified herein
shall not be exceeded from sources outside such property.
Individual offices or dwelling units within a building may constitute
a receiving property.
22. “Residence” means a building regularly or
intermittently occupied by a person for dwelling, lodging or
sleeping purposes.
23. “Residential party” means a social gathering held
in a place of residence.
24. “Sound level” means the weighted sound pressure
level measured by the use of a metering characteristic and
weighted as specified in American National Standards Institute
Specifications, Section 1.4-1971.
25. “Sound level meter” means a sound level
measuring device, either Type I or Type II, as defined by American
National Standards Institute Specifications, ANSI S1.4-1983.
26. “Sound-producing source” means anything that is
capable of making sound. Sound- producing source includes, but
is not limited to, the following:
a.air conditioning or heating units, heat pumps,
refrigeration units (including those mounted on vehicles) and
swimming pool or hot tub pumps;
b. air horns, bells or sirens;
c.audio equipment;
d.domestic tools, including chain saws, electric
drills, electric saws, hammers, lawn mowers, leaf/snow blowers,
and similar tools and devices;
e. loudspeakers or public address systems;
f.musical instruments;
g.human voice;
h. animal sounds;
i.mechanical or electrical noise;
j.vehicle engines or exhaust systems, other than
regular traffic upon a highway, road or street;
k.residential party;
l.motor vehicle sound systems; or
m.commercial music
27. “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.
(Ord. 2723 §3, 2023; Ord. 2293 §3, 2010)
8.22.030 General Powers of the Administrator
A.Subject to the provisions of this code, the administrator
may take such action as may be necessary to abate a sound-
producing source that causes or may cause, by itself or in
combination with any other sound-producing source or sources,
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an unreasonable or prohibited noise. The administrator may
exercise or delegate any of the functions, powers and duties
vested in him or her or in the department by this chapter.
B.The administrator may promulgate such rules as are
necessary to effectuate the purposes of this chapter, including but
not limited to, rules setting forth specifications for the operation,
installation, best available technology, or manufacture of sound
generating equipment or devices or sound mitigation equipment or
devices.
C.The administrator may promulgate such rules as are
necessary with regard to standards and procedures to be followed
in the measurement of sound pressure levels governed by the
provisions of this chapter.
D.The administrator shall have the power to issue notices
of violation for violations of this chapter.
(Ord. 2293 §4, 2010)
8.22.040 Measurement of Sound
A.The use of a sound level meter is not required to verify a
plainly audible noise complaint for sporadic noise.
B.If the measurement of sound is made with a sound level
meter, it shall be an instrument in good operating condition and
shall meet the requirement for a Type I or Type II instrument, as
described in American National Standards Institute Specifications,
ANSI S1.4-1983. If the measurements are made with other
instruments or assemblages of instruments, the procedure must
be carried out in such a manner that the overall accuracy shall be
at least that called for in ANSI S1.4-1983 for Type II instruments.
(Ord. 2723 §4, 2023; Ord. 2293 §5, 2010)
8.22.050 Maximum Permissible Sound Levels
It is a violation to produce sound in excess of the permissible
sound levels established by this chapter.
1.No person may produce or permit to be produced
sound that exceeds the following maximum permissible sound
levels when measured at or within the boundary of a receiving
property:
District of
Sound District of
Receiving Property
Producing
Source Residential
Daytime
Residential,
Nighttime
Commercial Industrial
Residential 55 dB(A) 45 dB(A) 57 dB(A) 60 dB(A)
Commercial 57 dB(A) 47 dB(A) 60 dB(A) 65 dB(A)
Industrial 60 dB(A) 50 dB(A) 65 dB(A) 70 dB(A)
2.At any hour of the day or night, the applicable noise
limitations above may be exceeded for any receiving property by
no more than:
a.5 dB(A) for a total of 15 minutes in any one-hour
period;
b.10 dB(A) for a total of 5 minutes in any one-hour
period; or
c.15dB(A) for a total of 1.5 minutes in any one-hour
period.
3.The following sporadic noise also exceeds the
maximum permissible sound levels and is not permitted:
a.In all districts of the City, no sound from a sound-
producing source is permitted that is:
1)plainly audible from a motor vehicle sound
system at a distance of at least 50 feet from the vehicle itself; or
2)plainly audible commercial music at a
distance of at least 50 feet from the property line of the commercial
establishment.
b.When the receiving property is in a residential
district, no sound from a sound- producing source is permitted that
is plainly audible at a distance of at least 50 feet from the exterior
of a sound-producing source, including sounds created by any
motor vehicle operated off public highways.
(Ord. 2723 §5, 2023; Ord. 2293 §6, 2010)
8.22.060 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 that is not equipped with a muffler in good working order
and in constant operation.
(Ord. 2293 §7, 2010)
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8.22.070 Modification of Motor Vehicles
It is unlawful for any person to operate a vehicle that has been
modified or changed in any way or has 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 that is operated on the public
highway.
(Ord. 2293 §8, 2010)
8.22.080 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 contact with the ground
because of rapid acceleration or excessive speed around corners
or other such reason; provided, that sound resulting from
emergency braking to avoid imminent danger shall be exempt
from this section.
(Ord. 2293 §9, 2010)
8.22.090 Motor Vehicle Exemptions
Sounds created by motor vehicles operated on public
highways are subject to the provisions of TMC Sections 8.22.060
through 8.22.080 and are exempt from TMC Section 8.22.050.
However, sounds created by motor vehicles operated off public
highways and motor vehicle audio systems operated anywhere
are subject to the provisions of TMC Section 8.22.050.
(Ord. 2293 §10, 2010)
8.22.100 Sounds Exempt at all Times
A.The following sound-producing sources are exempt from
the provisions of this chapter at all times:
1.Aircraft in flight and sounds that originate at airports
that are directly related to flight operations.
2.Safety and protective devices, such as relief valves
and fire alarms, where noise suppression would defeat the intent
of the device.
3.Systems used to warn the community of an imminent
public danger or attack, such as flooding, explosion or hurricane.
4.Emergency equipment activated in the interest of
law enforcement, activated to perform emergency work as defined
in TMC Section 8.22.020, or activated in response to a power
outage where it is necessary to activate such equipment to
preserve the health and safety of persons or to prevent harm to
property.
5.Warning devices not operated continuously for more
than five minutes per incident.
6.The operation of equipment or facilities of surface
carriers engaged in commerce by railroad.
7.Natural phenomena.
8.City-sanctioned parades, sporting events and other
City-sanctioned public events.
9.Sounds created by equipment used for public
highway maintenance and construction, provided the receiving
property is located in a commercial or industrial district of the City
and provided that the applicant shall provide written notice to all
residents within 500 feet of the project including all residents of
multi-family complexes. Notice shall be provided between ten and
thirty days of the onset of construction activity and shall enumerate
the anticipated construction schedule for the length of the project.
An affidavit of distribution shall be provided to the City.
10.Sounds created by existing or new electrical
substations and existing or new stationary equipment used in the
conveyance of water, waste water and natural gas by a utility are
exempt from the nighttime reduction of TMC Section 8.22.050(B)
only.
B.Nothing in these exemptions is intended to preclude the
administrator from requiring installation of the best available noise
abatement technology consistent with economic feasibility. The
establishment of such requirement shall be subject to the
provisions of RCW 34.05.
(Ord. 2293 §11, 2010)
8.22.110 Sounds Exempt During Daytime Hours
A.The following sound-producing sources are exempt from
the provisions of this chapter during daytime hours:
1.Aircraft engine testing and maintenance not related
to flight operations, provided that aircraft testing and maintenance
shall be conducted at remote sites whenever possible.
2.Bells, chimes or carillons operating for not more than
five minutes in any one hour.
3. Sounds created by construction or the movement of
construction-related materials, including but not limited to, striking
or cutting sounds from hammers, saws or equipment with
electrical or internal combustion engines emanating from
temporary construction sites.
4.Sounds created by hand or powered equipment
used in temporary or periodic maintenance or repair of property,
uses or structures, including but not limited to, lawnmowers,
powered hand tools, snow removal equipment, and composters.
5.Sounds created by the installation or repair of
essential utility services.
6.Sounds created by equipment used for public
highway maintenance and construction.
7.The testing of emergency back-up generators or
other emergency equipment.
B. Sounds originating from the discharge of firearms on
shooting ranges authorized under State and local law are exempt
from the provisions of this chapter between 7AM and 9PM, Monday
through Friday and 8AM and 6PM, Saturday, Sunday and State-
recognized holidays.
C.Nothing in these exemptions is intended to preclude the
administrator from requiring installation of the best available noise
abatement technology consistent with economic feasibility. The
establishment of such requirement shall be subject to the
provisions of RCW 34.04.
(Ord. 2293 §12, 2010)
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8.22.120 Variances
A.Any person who owns or operates a sound-producing
source may apply for a variance.
B.Applications for Noise Variances for 30 days or less shall
be processed as Type 1 decisions, subject to the provisions found
at TMC Chapter 18.104.
C.Applications for Noise Variances in excess of 30 days
shall be processed as Type 3 decisions, subject to the provisions
found at TMC Chapter 18.104.
D.No variance in the provisions or requirements of this
chapter shall be authorized by the administrator unless the
administrator finds that all of the following facts and conditions
exist:
1.There are exceptional or extraordinary
circumstances or conditions applying to the appellant’s property or
as to the intended use thereof that do not apply generally to other
properties in the same noise control district;
2.Such variance is necessary for the preservation and
enjoyment of a substantial personal or property right of the
appellant, such right being possessed by the owners of other
properties in the same noise control district;
3.The authorization of such variance does not
endanger public health or safety of named persons in the same or
adjacent noise control districts;
4.The granting of such variance will not adversely
affect the general policy and purpose of this act as set forth in TMC
Section 8.22.010.
E.In authorizing a variance, the administrator may attach
thereto such conditions regarding noise level, duration, type and
other considerations as the administrator may deem necessary to
carry out the policy and purpose of this chapter. The variance
permit shall enumerate the conditions of the variance, including
but not limited to:
1.Specific dates and times for which the variance is
valid;
2.Additional mitigation measures or public notice
requirements as determined by the administrator.
3.If the notice of application is for a sound generating
event that does not start within thirty days of the notice, the
applicant shall provide written notice to all residents within 500 feet
of the project including all residents of multi-family complexes.
Written notice shall be provided between ten and thirty days of the
onset of activity and shall enumerate the anticipated work
schedule for the length of the project. An affidavit of distribution
shall be provided to the City.
F.In establishing conditions on granting a variance, the
administrator shall consider:
1.Whether the public health, safety or welfare is
impacted;
2.The social and economic value of the activity for
which the variance is sought;
3.The ability of the applicant to apply best practical
noise control measures;
4.Physical conditions that create a significant financial
hardship in complying with the provisions of this chapter; and
5.Any comments received during public notice or
public meeting, if provided, and comment or lack of comment
received during similar noise generating events in the past.
G.The variance permit may be revoked by the administrator
and the issuance of future variance permits withheld, if there is:
1.Violation of one or more conditions of the variance
permit;
2.Material misrepresentation of fact in the variance
application; or
3.Material change in any of the circumstances relied
upon by the administrator in granting the variance.
(Ord. 2738 §2, 2024; Ord. 2676 §1, 2022; Ord. 2293 §13, 2010)
8.22.130 Extension
A.Variances granted pursuant to this chapter may be
extended on terms and conditions applicable to the initial granting
of the variance.
B.If granted for a shorter timeframe than otherwise allowed
under the permit type, the holder of a variance permit may request
one or more extensions.
C.Prior to granting an extension, the administrator shall
consider any comment or lack of comment received during the
initial variance period.
D.The administrator may request any information deemed
necessary to the consideration of the extension, including but not
limited to noise monitoring reports and an updated assessment
demonstrating there are no practical means known or available for
the adequate abatement or control of the noise involved.
E.Any request for an extension shall be submitted in writing
and received by the administrator at least 15 days prior to
expiration of a Type 1 or 2 variance and at least 30 days prior to
the expiration of a Type 3 variance.
F.A request for an extension does not require re-noticing or
a public hearing, but may be required by the administrator.
(Ord. 2293 §14, 2010)
8.22.140 Fees for Variances
An application fee and charges shall be paid at the time the
variance application is filed with the City. The fees and charges
shall be per the Land Use Fee Schedule most recently adopted by
the City Council.
(Ord. 2293 §15, 2010)
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8.22.150 Violation – Penalty
A.Every person, entity, firm or corporation who is
determined to be in violation of this chapter has committed a civil
infraction and shall be subject to the provisions of TMC Section
8.45.060. The monetary penalties are set forth below:
1. First civil penalty, $250.00.
2.Second civil penalty, $500.00.
3.Third and subsequent violations shall be
misdemeanors, the maximum penalty for which shall be 90 days
in jail or a fine of $1,000.00 or both fine and imprisonment.
4.At such time that two civil penalties have been
assessed within a one-year period, City-issued permits and/or
licenses for the site or the site activity may be suspended or
revoked until the condition is corrected.
5.Each day that a property or person is not in
compliance with the provisions of this chapter may constitute a
separate violation of this chapter.
B.The administrator may waive or reduce monetary
penalties if findings are made demonstrating that the noise
violation has been remedied.
C.The owners, agents, contract buyers, tenants or lessees
of all residential dwellings, commercial establishments, and or real
restate upon which a violation of this chapter is found shall be
jointly and severally responsible for compliance with this chapter
and jointly and severally liable for any damages or costs incurred
or imposed under this chapter.
D.The penalties set forth in this chapter are not exclusive.
The City may avail itself of any other remedies provided by law.
(Ord. 2549 §4, 2017; Ord. 2293 §16, 2010)
8.22.160 Liability
Nothing contained in this chapter is intended to be nor shall
be construed to create or form the basis for any liability on the part
of the City, its officers, employees or agents for any injury or
damage resulting from the failure of anyone to comply with the
provisions of this chapter, or by reason or in consequence of any
inspection, notice, order, certificate, permission or approval
authorized or issued or done in connection with the
implementation or enforcement pursuant to this chapter, or by
reason of any action or inaction on the part of the City related in
any manner to the enforcement of this chapter by its officers,
employees or agents.
(Ord. 2293 §17, 2010)
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CHAPTER 8.23
TRESPASS WARNINGS
ON CITY PROPERTY
Sections:
8.23.010 Purpose, Authority, and Applicability
8.23.020 Definitions
8.23.030 Trespass Warnings on City Property
8.23.010 Purpose, Authority, and Applicability
A.The purpose of this chapter is to adopt a legally sound
process for being able to exclude from City owned or operated
property individuals whose behavior is dangerous, unsafe, illegal,
or unreasonably disruptive to other users. It is further the purpose
of this chapter to provide for a specific method to allow for the
issuance of trespass warnings to such individuals, including
placing limitations on trespass warnings and providing procedures
for such individuals to promptly appeal the issuance of trespass
warnings in order to protect their right to engage in legitimate
activities protected by the state and federal constitutions.
B.This chapter is enacted as an exercise of the City’s
authority to protect and preserve the public health, safety and
welfare.
C.This chapter shall apply to all City property in the City of
Tukwila, which for the purposes of this chapter shall include, but
not be limited to: City buildings and other facilities, outdoor areas,
parks, unimproved property, open spaces, property that is under
lease to or otherwise operated and/or controlled by the City, and
property that City owns in common with another property owner.
This chapter shall not apply to public streets and sidewalks.
Enforcement action shall only be taken for conduct violating rules
adopted by the City for the location in which the conduct occurs,
including any location covered by rules of conduct incorporated
into any relevant City rule. Provided, that officers of the Tukwila
Police Department may take enforcement action consistent with
TMC Section 8.23.030.A, based on violations of other City codes,
state statutes, and government rules or regulations.
(Ord. 2542 §2, 2017)
8.23.020 Definitions
A.Behavior that is “dangerous” is behavior that creates an
imminent and unreasonable risk of injury or harm to either persons
or property of another or the actor.
B.Behavior that is “illegal” is behavior that is prohibited by
the laws of the United States, Washington State, King County, or
the City of Tukwila and that includes, but is not limited to, any of
the following types of behavior:
1.Threatening another person by communicating
either directly or indirectly to another person the intent to cause
bodily injury in the future to the person threatened or to any other
person; or
2. Selling or using alcohol or drugs; or
3.Threatening or harassing behavior (e.g., fighting or
threatening to fight, brandishing a weapon, stalking, verbally
threatening to harm others or their property); or
4. Assaulting staff or other patrons; or
5.Sexual misconduct or harassment (e.g., indecent
exposure, offensive touching, sexual acts).
C.Behavior that is “unreasonably disruptive to other users”
is behavior that is not constitutionally protected and that, in
consideration of the nature, scope, use and purpose of the
property in question, unreasonably interferes with others’ use and
enjoyment of said property. Examples of behavior that may
unreasonably interfere with others’ use and enjoyment of City
property include, but are not limited to, any of the following:
1.Use of unreasonably hostile or aggressive language
or gestures; or
2.Unreasonably loud vocal expression or
unreasonably boisterous physical behavior; or
3.Using electronic or other communication devices in
a manner that is unreasonably disruptive to others; or
4.Unreasonably interfering with the free passage of
staff or patrons in or on City property; or
5.Behavior that is unreasonably inconsistent with the
use for which the City property was designed and intended to be
used (e.g., bathing, shaving, or washing clothes in a public
bathroom or skateboarding in a public parking area or plaza).
D.Any constitutionally protected action or speech is
excluded from the prohibited behavior listed in this section.
(Ord. 2542 §3, 2017)
8.23.030 Trespass Warnings on City Property
A.Officers of the Tukwila Police Department shall be
empowered to issue a trespass warning to any individual who the
officer has probable cause to believe has violated any City
ordinance, state statute, or government rule or regulation relating
to or prohibiting conduct that is dangerous, illegal, or unreasonably
disruptive to other users of City property, as defined in TMC
Section 8.23.020, while such individual is on or within any City
property, as more specifically set forth in TMC Section 8.23.010.C.
B.Trespass warnings may be delivered in person to the
offender or by first class mail to the offender at the offender’s last
known address.
C.The offender need not be charged, tried, or convicted of
any crime or infraction in order for the trespass warning to be
issued or be effective. The warning may be based upon
observation by a police officer or a City or other government
employee or may be based upon a civilian report that would
ordinarily be relied upon by police officers in the determination of
probable cause.
D.If the offender:
1.Has not been excluded from City property by a
trespass warning issued within one year prior to the violation, then
the warning may exclude the offender for a period not exceeding
7 days from the date of the warning.
2.Has been the subject of only one prior trespass
warning issued within one year prior to the current violation, then
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the warning may exclude the offender for a period of more than 7
days but not more than 90 days from the date of the current
warning.
3. Has been the subject of two or more prior trespass
warnings issued within one year prior to the current violation, then
the warning may exclude the offender for a period of more than 90
days but not more than one year from the date of the current
warning.
4. Has been excluded from City property by a trespass
warning, and a published rule or regulation applicable to such
property establishes a different period of time for an offender to be
excluded, the time period under such rule or regulation shall apply
notwithstanding the provisions of TMC Section 8.23.030.D.,
subsections 1, 2 or 3.
E. The trespass warning shall be in writing, shall contain the
date of issuance, shall describe the behavior that is the basis for
the trespass warning, shall specify the length and place(s) of
exclusion, shall be signed by the issuing police officer, and shall
state the consequences for failure to comply. A trespass warning
for a place or places shall not prohibit access to another place or
places that is unrelated to or not a part of the place where the
conduct that is the subject of the trespass warning occurred.
F. Administrative Appeal.
1. A person receiving a trespass warning for an
expulsion of 7 days, or longer, may file an appeal to have the
trespass warning rescinded or the duration of the expulsion
shortened.
2. The appeal must be in writing, provide the
appellant’s current address, and shall be accompanied by a copy
of the trespass warning that is being appealed.
3. The written notice of appeal must be sent to the City
Administrator and postmarked no later than 7 calendar days after
the issuance of the trespass warning.
4. The trespass warning shall remain in effect during
the pendency of any administrative or judicial proceeding.
G. Hearing on Appeal.
1. The City Administrator or his or her designee
(hereinafter “Hearing Official”) shall:
a. Notify the appellant of the hearing date, time, and
location;
b. Conduct a hearing within 30 calendar days of
receipt of the notice of appeal; and
c. Issue a ruling upholding, rescinding, or
shortening the duration of the expulsion set forth in the trespass
warning no later than 5 business days after the hearing.
2. The Hearing Official may consider a sworn report or
a declaration under penalty of perjury as authorized by RCW
9A.72.085, written by the officer who issued the trespass warning
or by the person upon whose observation the trespass warning
was based, without further evidentiary foundation, as prima facie
evidence that the offender committed the violation as described.
This evidence creates a rebuttable presumption that the violation
occurred and the burden thereafter rests with the appellant to
overcome the presumption. Such sworn reports or declarations
may be considered either in addition to or in lieu of the live
testimony of the officer who issued the trespass warning or by the
person upon whose observation the trespass warning was based.
3. The Hearing Official shall consider the trespass
warning and may consider any written or oral sworn testimony of
the appellant or witnesses, as well as pictorial or demonstrative
evidence offered by the appellant that the Hearing Official
considers relevant and trustworthy. The Hearing Official may
consider information that would not be admissible under the
evidence rules in a court of law.
4. The Hearing Official may issue subpoenas for the
attendance of witnesses and the production of documents, and
shall administer individual oaths to witnesses. The Hearing
Official shall not issue a subpoena for the attendance of a witness
at the request of the appellant unless the request is accompanied
by the fee required by RCW 5.56.010 for a witness in district court.
The appellant shall be responsible for serving any subpoena
issued at the appellant’s request.
5. If, after the hearing, the Hearing Official is persuaded
on a “more probable than not” basis that the violation did occur,
the trespass warning shall be upheld. For good cause, or upon a
satisfactory showing by appellant that he or she understands his
or her violation and will not repeat the violation, the Hearing Official
may shorten the duration of the expulsion set forth in the trespass
warning. If, however, the violation is not proved on a “more
probable than not” basis, then the Hearing Official shall rescind the
expulsion. If the Hearing Official rescinds a trespass warning, the
trespass warning shall not be considered a prior expulsion for
purposes of this chapter. For purposes of this section, “good
cause” to rescind, shorten or modify a trespass warning shall be
found where:
a. The alleged offender demonstrates to the
satisfaction of the Hearing Official or his/her designee that his or
her conduct was intended to be expressive conduct protected by
the First Amendment; or
b. The offender was not given prior warning that the
conduct in question was subject to a trespass warning; or
c. The trespass warning was based solely upon the
statement of a third party, was not observed personally by the
issuing officer or a city or other government employee, would not
ordinarily be relied upon by police officers in the determination of
probable cause, and the alleged offender claims that he or she did
not commit the action for which he or she was warned; or
d. In the judgment of the Hearing Official, the
circumstances warrant a modification or rescission of the trespass
warning. The Hearing Official shall rescind the trespass warning if,
considering all the circumstances, he or she finds that reasonable
minds could differ on the question of whether the conduct in
question was unreasonably disruptive to others on the same City
property at that time.
6. The decision of the Hearing Official is final.
7. No determination of facts made by the Hearing
Official under this section shall have any collateral estoppel effect
on a subsequent criminal prosecution or civil proceeding and shall
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not preclude litigation of those same facts in a subsequent criminal
prosecution or civil proceeding.
8. In no event will the Hearing Official be a person who
is subordinate to the person who issued the trespass warning.
H. If the Hearing Official rescinds an exclusion, for good
cause or because the violation was not proved, the exclusion shall
not be considered a prior trespass warning for purposes of TMC
Section 8.23.030.D.
I. The trespass warning shall remain in effect during the
pendency of any administrative or judicial proceeding.
J. No determination of facts made by the Hearing Official
shall have any collateral estoppel effect on a subsequent criminal
prosecution or civil proceeding and shall not preclude litigation of
those same facts in a subsequent criminal prosecution or civil
proceeding.
K. This section shall be enforced so as to emphasize
voluntary compliance with laws and City property rules and so that
inadvertent minor violations that would fall under TMC Section
8.23.030 can be corrected without resort to a trespass warning.
L. Any person, who is found on city or other publicly owned
property in violation of a trespass warning issued in accordance
with this chapter for a period longer than 7 days and who
accordingly has had the right to a hearing regarding the trespass
warning may be arrested for trespassing and is guilty of a
misdemeanor, which shall be punishable by a fine of up to $1,000
and/or imprisonment for a term not to exceed 90 days.
M. The Chief of Police or his/her designee may upon request
authorize an individual who has received a trespass warning in
accordance with this chapter to enter City property to exercise his
or her First Amendment rights or to conduct government business,
if there is no other reasonable alternative location to exercise such
rights or conduct such business. Such authorization must be in
writing and specify the duration of the authorization and any
conditions thereof.
N. The decision of the Hearing Official will be the City’s final
decision.
(Ord. 2542 §4, 2017)
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CHAPTER 8.24
JUNK VEHICLES AND
IMPROPER STORAGE OF VEHICLES
Sections:
8.24.010 Definitions
8.24.020 Storage of Junk Vehicles Prohibited
8.24.030 Violation Notification Process
8.24.040 Hearing
8.24.050 Order of the Hearing Examiner–Violation
8.24.060 Monetary Penalty
8.24.070 Recovery of Costs and Penalties–Liens
8.24.080 Repeat Violators
8.24.010 Definitions
As used in TMC Chapter 8.24, the following definitions shall
have the meanings set forth below:
1. “Code Enforcement Officer” is Tukwila’s Code
Enforcement Officer or his or her designee as set forth in TMC
Section 8.45.030, or an officer of the Tukwila Police Department.
2. “Hearing Examiner” is that person authorized by
TMC Chapter 2.76 to hear appeals and other matters as set forth
therein, or his or her designee.
3. “Junk vehicle” is a vehicle that meets three or more
of the following requirements:
a. Is three years old or older;
b. Is extensively damaged, such damage including
but not limited to any of the following: a broken window or
windshield; or missing wheels, tires, motor, or transmission;
c. Is apparently inoperable;
d. Is without valid, current license plates or is
unregistered; or
e. Has an approximate fair market value equal only
to the approximate value of the scrap in it. “Junk vehicle” also
includes a partially disassembled vehicle or individual parts of
vehicles no longer attached to one another.
4. “Repeat violator” is a person, entity or agent thereof,
who has received a Notice of Violation for the same property two
times within one calendar year.
(Ord. 2549 §5, 2017; Ord. 2045 §1 (part), 2004)
8.24.020 Storage of Junk Vehicles Prohibited
It is unlawful for any person to keep, store or park, or permit
any other person to keep, store or park, any junk vehicle upon any
privately-owned property in the City of Tukwila. This ordinance
shall not apply to:
1. A junk vehicle or part thereof that is completely
enclosed within a building in a lawful manner where it is not visible
from the street or other public or private property; or,
2. A junk vehicle or part thereof that is stored or parked
in a lawful manner on private property, in connection with the
business of a licensed dismantler or licensed vehicle dealer, and
is fenced pursuant to the Revised Code of Washington Title 46,
Chapter 80, Section 130.
(Ord. 2045 §1 (part), 2004)
8.24.030 Violation Notification Process
A. The Code Enforcement Officer is authorized to issue and
serve a Notice of Violation pursuant to TMC Section 8.45.070
upon reasonable belief that a violation of one or more provisions
of TMC Chapter 8.24 has occurred.
B. The Notice of Violation shall be issued to the property
owner of record upon which land, as shown on the last equalized
assessment roll, a vehicle deemed to be in violation of TMC
Chapter 8.24 is located; and to the last registered and legal owner
of record of such vehicle, unless the vehicle is in such condition or
location that identification numbers are not available or accessible
by the Code Enforcement Officer to determine ownership.
C. The Notice of Violation shall be delivered by mailing a
copy to such person, at his/her last known address as determined
by the Code Enforcement Officer.
D. A Notice of Violation shall contain substantially the
following information:
1. The name and address of the person to whom the
Notice of Violation is issued;
2. The location of the subject property by address or
other description sufficient for identification of the subject property;
3. A description of the vehicle and its location, and the
reasons for which the City deems it to be a public nuisance in
violation of TMC Chapter 8.24;
4. A statement of the corrective action that the Code
Enforcement Officer believes necessary to comply with the
provisions of TMC Chapter 8.24, and a date by which compliance
is required in order to avoid further enforcement action by the
Code Enforcement Officer;
5. A statement that if any of the persons to whom the
Notice of Violation is issued wish to contest the Notice of Violation,
they must request a hearing before the Hearing Examiner
pursuant to TMC Section 8.24.040;
6. A statement that if the persons to whom the Notice
of Violation is issued fail to complete the corrective action and
provide notice of same to the Code Enforcement Officer by the
date for compliance specified in the Notice of Violation, fail to
appear at the hearing, or fail to demonstrate at the hearing that the
Notice of Violation should not be sustained, the City or its designee
shall remove, impound and dispose of or sell the vehicle, and will
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assess all costs of administration and removal against the owner
of the property upon which the vehicle is located or otherwise
attempt to collect such costs from the owner of the vehicle; and
7. A statement that the owner of the land upon which
the vehicle is located may provide a written statement, in time for
consideration at the hearing, and deny responsibility for the
presence of the vehicle on the land with his or her reasons for the
denial, as provided in TMC Section 8.24.040.
(Ord. 2549 §6, 2017; Ord. 2045 §1 (part), 2004)
8.24.040 Hearing
A hearing on a Notice of Violation shall be held before the
Hearing Examiner in accordance with the provisions set forth in
TMC Section 8.45.110, and the Hearing Examiner shall have the
same powers as set forth therein. The time limit for an appeal of
a Notice of Violation is 10 days as set forth in TMC Section
8.45.110.A. If a request for a hearing is received, a notice giving
the time, location and date of the hearing shall be mailed, by
certified mail with a five-day return receipt requested, to the owner
of the land as shown on the last equalized assessment roll, and to
the vehicle's last registered and legal owner of record, unless the
vehicle is in such condition that identification numbers are not
available to determine ownership. The owner of the land on which
the vehicle is located may appear in person at the hearing or
present a written statement in time for consideration at the
hearing, and deny responsibility for the presence of the vehicle on
the land, with his or her reasons for the denial. If it is determined
at the hearing that the vehicle was placed on the land without the
consent of the landowner and that he/she has not subsequently
given consent without protest in the presence of the vehicle, then
the Hearing Examiner shall not assess costs of administration or
removal of the vehicle against the property upon which the vehicle
is located or otherwise attempt to collect the cost from the property
owner.
(Ord. 2549 §7, 2017; Ord. 2045 §1 (part), 2004)
8.24.050 Order of the Hearing Examiner–Violation
The decision issued by the Hearing Examiner shall be issued
and sent to the persons named in the Notice of Violation pursuant
to TMC Section 8.45.110.C. Thereafter, violation of TMC Chapter
8.24 shall constitute a misdemeanor, and a separate
misdemeanor shall be committed for each day that an order is
violated.
(Ord. 2549 §8, 2017; Ord. 2045 §1 (part), 2004)
8.24.060 Monetary Penalty
The monetary penalty for violation of the Notice of Violation
issued pursuant to TMC Chapter 8.24 shall be assessed in the
amounts set forth in TMC Chapter 8.45. Payment of a monetary
penalty pursuant to TMC Chapter 8.24 does not relieve the
person(s) to whom the Notice of Violation was issued of the duty
to correct the violation or preclude the City from taking action to
abate the situation as provided herein. The monetary penalty
constitutes an obligation of the person(s) to whom the Notice of
Violation is issued.
(Ord 2549 §9, 2017; Ord. 2045 §1 (part), 2004)
8.24.070 Recovery of Costs and Penalties–Liens
A. After a Notice of Violation or Notice of Repeated Violation
has been served pursuant to TMC 8.24.030C, a hearing shall be
held if requested by the violator or pursuant to TMC 8.24.080. If
the violation is sustained during the hearing, or where no hearing
is requested, or the violator fails to appear at the hearing, a junk
vehicle shall be removed by a registered disposer pursuant to
TMC 9.32.100, and disposed of at the request of the Code
Enforcement Officer. The Code Enforcement Officer shall provide
notice to the Washington State Patrol and the Washington State
Department of Licensing if the vehicle has been disposed of.
B. After a Civil Infraction Citation has been served pursuant
to TMC 8.24.030C, a hearing shall be held before the Municipal
Court. If the violation is sustained during the hearing, or the
violator fails to appear at the hearing, a fine shall be imposed
pursuant to TMC 8.24.060.
C. Costs of removal may be assessed against the registered
owner of the vehicle if the identity of the owner can be determined,
unless the owner – in the transfer of ownership of the vehicle –
has complied with RCW 46.12.101, or the costs may be assessed
against the owner of the property on which the vehicle is stored,
subject to TMC 8.24.070E.
D. The impounding of a vehicle shall not preclude charging
the violator with any violation of the law through which such vehicle
was impounded.
E. The City is authorized to take action to collect the
monetary penalty, including filing civil actions or turning the matter
over to collection, in which case costs incurred by the City as a
result of the collection process shall be assessed to the violator in
addition to the monetary penalty. Any such assessment shall be
offset by the amount received by the City for sale of the junk
vehicle or improperly stored vehicle, if any.
F. In addition to, or in lieu of, any other State or local
provisions for the recovery of costs or penalites incurred or
assessed under TMC Chapter 8.24, the City Treasurer may,
pursuant to RCW 35.80.030(1)(h), certify to the King County
Treasurer an assessment amount equal to the cost of removal of
the junk vehicle and/or any associated penalties and collections to
the tax rolls against the property for the current year, and the same
shall become a part of the general taxes for that year to be
collected at the same time and with interest at such rates and in
such manner as provided for in RCW 84.56.020. The assessment
certified by the City Treasurer shall be offset by the amount
received by the City for sale of the junk vehicle, if any.
(Ord. 2045 §1 (part), 2004)
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8.24.080 Repeat Violators
If a person is a repeat violator as defined in TMC 8.24.010,
the Code Enforcement Officer shall issue a Notice of Repeated
Violation. A Notice of Repeated Violation shall be issued and
served as provided in TMC 8.24.030C, but need not include a
description of the corrective action necessary to eliminate the
violation or a date by which the corrective action must be
completed to avoid a hearing before the violation’s Hearing
Examiner. The Notice of Repeated Violation shall notify the
person receiving the notice that due to the repeat nature of his/her
violations, the Code Enforcement Officer shall seek an order from
the Hearing Examiner, at the date and time set forth in the citation,
granting any and all relief to which the City is entitled under TMC
Chapter 8.24.
(Ord. 2045 §1 (part), 2004)
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CHAPTER 8.25
VEHICLE STORAGE AND PARKING ON
SINGLE-FAMILY RESIDENTIAL PROPERTY
Sections:
8.25.010 Definitions
8.25.020 Parking Limitations
This chapter was repealed by Ordinance No. 2518
December 2016
CHAPTER 8.26
VEHICLE TRESPASS
Sections:
8.26.010 Vehicle Trespass Prohibited
8.26.020 Definitions
8.26.030 Penalty
8.26.010 Vehicle Trespass Prohibited
A person is guilty of vehicle trespass if he or she knowingly
enters, attempts to enter, or remains unlawfully in a vehicle
belonging to another.
(Ord. 2560 §2, 2017)
8.26.020 Definitions
A. The word “enter” shall include the entrance of the person,
or the insertion of any part of his or her body, or any instrument or
weapon held in his or her hand.
B. A person enters, attempts to enter or remains unlawfully
in or upon a vehicle when he or she is not licensed, invited, or
otherwise privileged to so enter or remain.
(Ord. 2560 §3, 2017)
8.26.030 Penalty
Vehicle trespass is a misdemeanor, punishable by a fine not
to exceed $1,000.00, or by imprisonment in jail for a term not
exceeding 90 days, or by both such fine and imprisonment.
(Ord. 2560 §4, 2017)
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–27
CHAPTER 8.27
CHRONIC NUISANCE PROPERTIES
Sections:
8.27.010 Definitions
8.27.020 Violation
8.27.030 Investigation, Civil Infraction, and Violation Notice
and Order.
8.27.040 Time in Which to Comply
8.27.050 Owner Cooperation
8.27.060 Voluntary Correction Agreement and Limited Right
to Enter Property
8.27.070 Appeal to Hearing Examiner
8.27.080 Penalties
8.27.090 Abatement by the City
8.27.100 Commencement of Action—Enforcement
8.27.110 Burden of Proof
8.27.120 Additional Remedies
8.27.130 Suspension or Revocation of Business License
8.27.010 Definitions
For purposes of this chapter, the following words or phrases
shall have the meaning prescribed below:
A. “Abate” means to repair, replace, remove, destroy, or
otherwise remedy a condition that constitutes a violation of this
chapter by such means and in such a manner and to such an
extent as the Chief of Police determines is necessary in the
interest of the general health, safety and welfare of the community.
B. “Chief of Police” means the Chief of Police or his or her
designees.
C. “Control” means the power or ability to direct or determine
conditions, conduct, or events occurring on a property.
D. “Chronic Nuisance Property” means:
1. A property on which 3 or more nuisance activities as
described in TMC Section 8.27.010(F) exist or have occurred
during any 60-day period, or 7 or more nuisance activities have
occurred during any 12-month period;
2. A property which, upon a request for execution of a
search warrant, has been the subject of a determination by a court
2 or more times within a 12-month period that probable cause
exists that illegal possession, manufacture or delivery of a
controlled substance or related offenses as defined in RCW
Chapter 69.50 has occurred on the property; or
3. In the case of any property on which an
establishment that sells, imports, manufactures, or distributes
alcohol is located, a property on which 3 or more “chronic illegal
activities” as defined by RCW 66.24.010(12) have occurred during
any 60-day period, or 7 or more such activities have occurred
during any 12-month period.
E. “Drug Related Activity” means activity which constitutes
a violation of chapter 69.41, 69.50, or 69.52 RCW.
F. “Nuisance Activity” includes:
1. A “most serious offense” as defined in RCW 9.94A;
2. A “drug related activity” as defined in TMC Section
8.27.010I;
3. Any of the following activities, behaviors or criminal
conduct:
a. Assault, Reckless Endangerment, as defined in
RCW 9A.36;
b. Stalking or Harassment, as defined in RCW
9A.46;
c. Disorderly Conduct, as defined in TMC Section
8.70.010;
d. Promoting, advancing or profiting from
prostitution as defined in RCW 9A.88;
e. Prostitution, as defined in RCW 9A.88.030;
f. Permitting Prostitution, as defined in RCW
9A.88.090(1);
g. Prostitution Loitering, as defined in TMC Section
8.50.040;
h. Failure to Disperse, as defined in TMC Section
8.70.020;
i. Weapons violations, as defined in TMC Chapter
8.10;
j. Gang related activity, as defined in RCW
59.18.030(7).
G. “Owner” means any person who, alone or with others,
has title or interest in any property.
H. “Person” means an individual, group of individuals,
corporation, partnership, association, club, company, business
trust, joint venture, organization, or any other legal or commercial
entity or the manager, lessee, agent, officer or employee of any of
them.
I. “Person in Charge” of a property means the owner,
lessee, tenant, occupant, agent, manager of a property, and/or
any other person in actual or constructive possession of a
property.
J. “Property” means any land and that which is affixed,
incidental or appurtenant to land, including but not limited to any
business or residence, parking area, loading area, landscaping,
building or structure or any separate part, unit or portion thereof.
K. “RCW” means the Revised Code of Washington.
L. “TMC” means Tukwila Municipal Code.
(Ord. 2352 §1 (part), 2011)
8.27.020 Violation
A. Any property within the City of Tukwila that is a chronic
nuisance property as defined in TMC Section 8.27.010 is in
violation of this chapter and subject to its remedies.
B. It is the responsibility of all persons in charge to ensure
that the provisions of this code are met on any property they own,
possess, or control. Any persons in charge of a chronic nuisance
property as defined in TMC Section 8.27.010 shall be in violation
of this chapter and subject to its remedies.
C. An owner who fails to comply with TMC Section 8.27.050
is in violation of this chapter and is subject to penalties pursuant
to TMC Section 8.27.080.
(Ord. 2352 §1 (part), 2011)
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–28
8.27.030 Investigation, Civil Infraction, and Violation
Notice and Order
A. Authority. Upon presentation of proper credentials, the
Chief of Police may, with the consent of any person in charge, or
with other lawful authority, enter any building or premises in order
to perform the duties imposed by this chapter.
B. Investigation. The Chief of Police may investigate any
activity that he or she reasonably believes to be a nuisance activity
as defined by TMC Section 8.27.010.
C. Civil Infraction. If, after investigation, or after the
complaint of residents or others, the Chief of Police has probable
cause to believe the applicable standards or requirements of the
Tukwila Municipal Code have been violated, the Chief of Police
may issue a civil infraction citation in accordance with RCW 7.80,
which is incorporated herein by this reference, upon the person(s)
in charge.
D. Violation Notice and Order. Alternatively, after
investigation, or based upon the complaint of residents or others,
the Chief of Police may serve a Violation Notice and Order upon
the person(s) in charge. The Violation Notice and Order shall
contain the following information:
1. A declaration that the Chief of Police has determined
the property has become a chronic nuisance property and a
concise description of the nuisance activities that exist or that have
occurred.
2. What corrective action, if any, is necessary in order
to remedy the nuisance activities.
3. A reasonable time for compliance.
4. A notice that the owner and other persons in charge
of the property are subject to monetary penalties as set forth in
TMC Section 8.27.080.
5. An explanation of the appeal process and the
specific information required to file an appeal.
E. Service of a Violation Notice and Order. A Violation
Notice and Order shall be served on the person(s) in charge by
personal service, registered mail, or certified mail with return
receipt requested, addressed to the last known address of such
person. When a notice is issued pursuant to this section to a
person in charge other than an owner or an owner’s agent, who
has permitted a property to become a chronic nuisance property,
a copy of such notice shall also be served on the owner of the
property. If, after a reasonable search and reasonable efforts are
made to obtain service, the whereabouts of the person(s) is
unknown or service cannot be accomplished and the Chief of
Police makes an affidavit to that effect, then service of the notice
upon such person(s) may be made by:
1. Publishing the notice once each week for two
consecutive weeks in the City’s official newspaper; and
2. Mailing a copy of the notice to each person named
on the Violation Notice and Order by first class mail to the last
known address if known or, if unknown, to the address of the
property involved in the proceedings.
F. Posting. A copy of the notice shall be posted at a
conspicuous place on the property, unless posting the notice is not
physically possible.
G. Amendment. A Violation Notice and Order may be
amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation.
(Ord. 2352 §1 (part), 2011)
8.27.040 Time in Which to Comply
A. Civil Infraction Citations. Civil infraction citations will
be issued and processed in accordance with RCW 7.80, which is
incorporated herein by reference. The Tukwila Municipal Court
shall have jurisdiction over all civil infraction citations issued under
this chapter.
B. Determination of Time for Compliance with Violation
Notice and Order. Persons receiving a Violation Notice and
Order shall rectify the nuisance activity identified within the time
period specified by the Chief of Police pursuant to Section
8.27.030(D) of this chapter.
C. Order Becomes Final Unless Appealed. Unless an
appeal is filed with the Chief of Police for hearing before the
Hearing Examiner in accordance with Section 8.27.070 of this
chapter, the Violation Notice and Order shall become the final
order of the Chief of Police. A copy of the notice may be filed and
recorded with the King County Recorder.
(Ord. 2352 §1 (part), 2011)
8.27.050 Owner Cooperation
An owner who receives a copy of a violation notice and order
pursuant to TMC Section 8.27.030(D) describing a chronic
nuisance property permitted by a person in charge other than the
owner or the owner’s agent, shall promptly take all reasonable
steps requested in writing by the Chief of Police to assist in
abatement of the nuisance property. Such reasonable steps may
include, but are not limited to, the owner taking all acts and
pursuing all remedies, including pursuing eviction of the person(s)
in charge, that are (1) available to the owner pursuant to any lease
or other agreement, and (2) consistent with state and local laws,
including but not limited to RCW 59.18.580, the Victim Protection
Limitation on Landlord’s Rental Decisions.
(Ord. 2352 §1 (part), 2011)
8.27.060 Voluntary Correction Agreement and
Limited Right to Enter Property
A. Applicability. While it is the City’s desire to obtain
voluntary correction pursuant to TMC Chapter 8.27, compliance is
not a prerequisite for pursuing any of the other remedies for
correction in TMC Chapter 8.27, or any remedies available in law
or equity. This section may apply whenever the Chief of Police
determines that a chronic nuisance exists.
B. General. The Chief of Police may attempt to secure
voluntary correction by contacting any person(s) in charge and
explaining the violation and requesting correction.
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
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C. Voluntary Correction and Limited Right of Entry Agreement. A Voluntary Correction and Limited Right of Entry
Agreement is a contract between the City and any person(s) in
charge of the chronic nuisance property in which such person
agrees to promptly take all lawful and reasonable actions, which
shall be set forth in the agreement, to abate the nuisance activities
within a specified time and according to specified conditions. A
Voluntary Correction and Limited Right of Entry Agreement may
be entered into between the City of Tukwila—acting through the
applicable department director—and the person in charge for
resolution of the violation. A Voluntary Correction and Limited
Right of Entry Agreement shall be signed by the person(s) in
charge and, if different, the owner, and may include the following:
1. The name and address of the person(s) in charge;
2. The street address or other description sufficient for
identification of the building, structure, premises, or land upon or
within which the violation has occurred or is occurring;
3. A description of the nuisance activities;
4. The necessary corrective action to be taken, and a
date or time by which correction must be completed;
5. An agreement by the person(s) in charge that the
City may inspect the premises as may be necessary to determine
compliance with the Voluntary Correction and Limited Right of
Entry Agreement;
6. An agreement by the person(s) in charge that the
City may abate the nuisance and recover its costs and expenses
and monetary penalties pursuant to this chapter from the person
in charge if the terms of the correction agreement are not met; and
7. When a person in charge other than an owner or an
owner’s agent has permitted a property to be a chronic nuisance
property, an agreement by the owner to promptly take all acts and
pursue all remedies requested by the Chief of Police pursuant to
TMC Section 8.27.050.
(Ord. 2352 §1 (part), 2011)
8.27.070 Appeal to Hearing Examiner
A. The person(s) incurring the penalty described in a
Violation Notice and Order issued by the Chief of Police, pursuant
to TMC Section 8.27.030(D), may obtain an appeal of the Notice
by requesting such appeal within 10 calendar days after receiving
or otherwise being served with the notice pursuant to TMC Section
8.27.030I. When the last day of the period so computed is a
Saturday or Sunday, or a Federal or City holiday, the period shall
run until 4:30 PM the next business day. The request shall be in
writing and include the applicable appeal fee. Upon receipt of the
appeal request, the Chief of Police shall schedule an appeal
hearing before the Hearing Examiner. Notice of the hearing shall
be sent to the appellant and/or the person(s) named on the
Violation Notice and Order under the procedures described in
TMC Section 8.27.030I, or as may be otherwise requested by the
appealing party.
B. The appeal fee for a Violation Notice and Order in an LDR
zone shall be $100.00, and in all other zones shall be $200.00.
C. At or after the appeal hearing, the Hearing Examiner
may:
1. Sustain the Violation Notice and Order;
2. Withdraw the Violation Notice and Order;
3. Continue the review to a date certain for receipt of
additional information; or
4. Modify the Violation Notice and Order, which may
include an extension of the compliance date.
D. The Hearing Examiner shall issue a written decision
within 14 days of the date of the completion of the review and shall
cause the same to be sent to the person(s) named on the Violation
Notice and Order under the same procedures described in TMC
Section 8.27.030I or as otherwise directed by the appealing party.
E. The decision of the Hearing Examiner shall be final and
conclusive unless appealed. In order to appeal the decision of the
Hearing Examiner, a person with standing to appeal must file a
land use petition, as provided in RCW 36.70C, within 21 days of
the issuance of the Hearing Examiner’s decision. The cost for
transcription of all records ordered certified by the Superior Court
for such review shall be borne by the appellant.
(Ord. 2352 §1 (part), 2011)
8.27.080 Penalties
A. Violations of the Tukwila Municipal Code.
1. Civil Infraction. Any person in charge who violates
or fails to comply with the provision of this chapter may be issued
a civil infraction pursuant to TMC Section 8.27.030I. Each civil
infraction shall carry with it a monetary penalty of $100.00 for the
first violation, $175.00 for a second violation of the same nature or
a continuing violation, and $250.00 for a third or subsequent
violation of the same nature or a continuing violation.
2. Violation Notice and Order.
a. Any person in charge who violates or fails to
comply with the provision of this chapter may, in the alternative,
be issued a Violation Notice and Order that shall carry with it a
cumulative monetary penalty of $500.00 per day from the date set
for compliance until compliance with the Violation Notice and
Order is achieved.
b. In addition to any penalty that may be imposed
by the City, the persons in charge shall be liable for all damage to
public or private property arising from such violation, including the
cost of restoring the affected area to its condition prior to the
violation.
c. The penalty imposed by this section under a
Violation Notice and Order may be collected by civil action brought
in the name of the City. The Chief of Police may notify the City
Attorney of the name of any person subject to the penalty, and the
City Attorney may, with the assistance of the Chief of Police, take
appropriate action to collect the penalty, including but not limited
to attachment of a lien to the property.
d. The Chief of Police shall have the discretion to
impose penalties in an amount lower than those set forth above.
3. An owner who fails to comply with TMC Section
8.27.040 is subject to a civil penalty of up to $25,000.
B. Additional Relief. The Chief of Police may seek legal or
equitable relief to enjoin any acts or practices and abate any
condition that constitutes or will constitute a violation of the
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–30
Tukwila Municipal Code. The remedies provided in TMC Chapter
8.27 are cumulative and shall be in addition to any other remedy
provided by law.
C. Continued Duty to Correct. Payment of a monetary
penalty pursuant to TMC Chapter 8.27 does not relieve the person
to whom the infraction or Violation Notice and Order was issued of
the duty to correct the violation.
(Ord. 2352 §1 (part), 2011)
8.27.090 Abatement by the City
A. Abatement. The City may abate nuisance or code
violations when:
1. The terms of the Voluntary Correction and Limited
Right of Entry Agreement have not been met; or
2. A Violation Notice and Order has been issued and
the required correction has not been completed by the date
specified in the Violation Notice and Order; or
3. A written decision issued by the City’s Hearing
Examiner has not been complied with by the date specified in the
written decision; or
4. An action has been initiated in a court of competent
jurisdiction pursuant to TMC Section 8.27.100, and the court has
found that the property is a chronic nuisance property and issued
an Order of Abatement for the property accordingly; or
5. The nuisances or code violations are subject to
summary abatement as provided for in TMC Section 8.27.090(B).
B. Summary Abatement. Whenever any nuisance or code
violation causes a condition, the continued existence of which
constitutes an immediate threat to the public health, safety or
welfare or to the environment, the City may summarily and without
prior notice abate the condition. Notice of such abatement,
including the reason for it, shall be given to the person(s) in charge
as soon as reasonably possible after the abatement. No right of
action shall lie against the City or its agents, officers, or employees
for actions reasonably taken to prevent or cure any such
immediate threats, but neither shall the City be entitled to recover
any costs incurred for summary abatement, prior to the time that
actual notice of the same is provided to the person(s) in charge.
C. Authorized Action by the City. Using any lawful
means, the City may enter upon the subject property and may
remove or correct the condition that is subject to abatement. Prior
to or during such abatement, the City may seek such judicial
process as it deems necessary to effect the removal or correction
of such condition, including but not limited to obtaining an
injunction or warrant of abatement.
D. Interference. Any person who knowingly obstructs,
impedes, or interferes with the City or its agents, or with the person
responsible for the violation, in the performance of duties imposed
by TMC Chapter 8.27, shall be guilty of a misdemeanor punishable
by imprisonment not exceeding 90 days and a fine not exceeding
$1,000.00.
E. Recovery of Costs and Expenses. All costs incurred
by the City during abatement of nuisance or code violations shall
be billed to the person(s) in charge. Such costs may include, but
are not limited to, the following legal and abatement expenses:
1. “Legal expenses,” for purposes of TMC Chapter
8.27, shall include but are not limited to the following:
a. Personnel costs, both direct and indirect,
including attorney’s fees and all costs incurred by the City
Attorney’s office or its designee to abate nuisances and code
violations.
b. Actual and incidental expenses and costs
incurred by the City in preparing notices, contracts, court
pleadings, and all other necessary documents required to abate
nuisances and code violations.
c. All costs associated with retention and use of
expert witness or consultants during the course of abatement.
2. “Abatement expenses,” for purposes of TMC
Chapter 8.27, shall include but are not limited to the following:
a. Costs incurred by the City for preparation of
notices, contracts, and related documents necessary to abate
nuisance or code violations.
b. All costs associated with inspection of the
property and monitoring of said property consistent with orders of
compliance issued by the City’s Hearing Examiner or a court of
competent jurisdiction.
c. All costs incurred by the City for hauling, storage,
disposal or removal of vegetation, trash, debris, dangerous
structures or structures unfit for human habitation pursuant to the
International Building Code and/or International Property
Maintenance Code, potential vermin habitat or fire hazards, junk
vehicles, obstructions to the public right-of-way, and setback
obstructions.
d. All costs incurred by law enforcement or related
enforcement agencies necessary to assist the City during
abatement of nuisance or code violations.
e. All relocation/assistance costs pursuant to TMC
Chapter 8.46.
F. Interest. All costs incurred by the City during abatement
of nuisance and code violations may include interest in amount as
prescribed by law. Interest shall start to accrue on the 30th day
from mailing of the invoice pursuant to TMC Section
8.27.090.E.2.e.
G. Lien – Authorized. The City shall have a lien for any
monetary penalty imposed, the cost of any abatement
proceedings under TMC Chapter 8.27, and all other related costs
including attorney and expert witness fees, against the real
property on which the monetary penalty was imposed or any of the
work of abatement was performed.
(Ord. 2352 §1 (part), 2011)
8.27.100 Commencement of Action—Enforcement
Upon referral by the Chief of Police, the City Attorney may
initiate an action in any court of competent jurisdiction to abate a
chronic nuisance property, to impose penalties pursuant to this
chapter, to seek alternative remedies under City or state laws and
seek any other relief authorized by law.
(Ord. 2352 §1 (part), 2011)
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
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8.27.110 Burden of Proof
A. In an action against the person(s) in charge to abate a
chronic nuisance property or to recover penalties authorized by
this chapter, the City shall have the burden of proof to show by a
preponderance of the evidence that the property is a chronic
nuisance property pursuant to this chapter.
B. In an action against an owner to recover penalties
authorized by TMC Section 8.27.070, the City shall have the
additional burden to prove by a preponderance of the evidence
that the owner failed to comply with TMC Section 8.27.040.
Copies of police incident reports and reports of other City
departments documenting nuisance activities shall be admissible
in such actions. Additionally, evidence of a property’s general
reputation and the reputation of persons residing in or frequenting
the property shall be admissible in such actions.
(Ord. 2352 §1 (part), 2011)
8.27.120 Additional Remedies
In addition to the remedies authorized by TMC Section
8.27.090, the court or Hearing Examiner may impose any or all of
the following penalties on a person in charge of a chronic nuisance
property:
1. Order the person in charge to immediately abate
nuisance activity from occurring on the property.
2. Order that the Chief of Police shall have the right to
inspect the property to determine if the court’s orders have been
complied with.
3. Impose a penalty of up to $500 per day against the
person in charge for each day from the date the notice pursuant to
TMC Section 8.27.030(D) was issued until the Chief of Police
confirms the property is no longer a chronic nuisance property.
4. Make any other order that will reasonably abate
nuisance activities from occurring on the property, including
issuing an injunction to prevent the continued use of the property
in a manner that encourages chronic nuisance activity or
authorizing the City to take action to abate nuisance activities on
the property and providing that the costs of such City action are to
be paid for by the person in charge of the property.
5. If the person in charge is an owner and the court
finds that this owner failed to take all reasonable steps requested
in writing pursuant to TMC Section 8.27.050, the court may impose
a civil penalty up to $25,000.
6. If, as part of its order abating a chronic nuisance
property, the court orders the person in charge to cease renting or
leasing a property, the court may order the person in charge to pay
relocation in the amounts authorized by TMC Chapter 8.46 to any
tenant who (1) must relocate because of the order of abatement,
and (2) the court finds not to have caused or participated in
nuisance activities at the property. For purposes of this section
(8.27.120), the term “tenant” shall have the meaning as set forth
in RCW 59.18.030(19).
(Ord. 2352 §1 (part), 2011)
8.27.130 Suspension or Revocation of Business
License
In addition to any other remedy authorized by this chapter or
other laws, the business license of any person in charge shall be
revoked and a new license not issued for one year, pursuant to
Title 5 of the Tukwila Municipal Code, upon:
1. A finding by the court that a property is a chronic
nuisance property pursuant to this chapter;
2. Issuance of a Violation Notice and Order for a
chronic nuisance property that is not timely remedied or appealed;
or
3. A finding by the Hearing Examiner that a property is
a chronic nuisance property.
(Ord. 2352 §1 (part), 2011)
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–32
CHAPTER 8.28
NUISANCES
Sections:
8.28.010 Declaration of Nuisance
8.28.020 International Property Maintenance Code Adopted
8.28.030 Vacant Buildings, Structures and Premises
8.28.050 Animal Manure
8.28.070 Occupying Recreational Vehicles as Dwelling Units
8.28.140 Disorderly Houses
8.28.150 Places Where Disturbance of the Peace Occurs
8.28.160 Place Where Liquor Used Illegally
8.28.170 Unguarded Hole Dangerous to Life
8.28.180 Landscape Maintenance
8.28.010 Declaration of Nuisance
A All violations of development, land use, licensing and
public health ordinances are found and declared to be nuisances.
B. Unless otherwise provided, violations of this chapter and
any violations of this code deemed a “nuisance” or a “public
nuisance” shall be subject to enforcement and penalties as
prescribed in TMC Chapter 8.45 and the issuance of a Notice of
Violation in accordance with TMC Section 8.45.070.
C. The following are declared to be public nuisances:
buildings and structures that are determined by the City’s Building
Official to be vacant and so old, dilapidated or have become so
out of repair as to be dangerous, unsafe, unsanitary, or otherwise
unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure (collectively referred to as a
“Vacant Building”).
(Ord. 2549 §10, 2017; Ord. 2144 §1, 2006;
Ord. 1837 §2 (part), 1998)
8.28.020 International Property Maintenance Code
Adopted
A. The City of Tukwila hereby adopts by reference, as if fully
set forth herein, the 2015 edition of the International Property
Maintenance Code (the “IPMC”), as published by the International
Code Council and as amended in TMC Section 8.28.020.B, to be
the Property Maintenance Code of the City of Tukwila. A copy of
the adopted IPMC is on file in the Department of Community
Development of the City of Tukwila for public use.
B. The City of Tukwila hereby adopts the following changes
to the IPMC as adopted in TMC Section 8.28.020.A:
1. IPMC Section 101.1 shall reflect that the name of the
jurisdiction is the City of Tukwila.
2. Reference to the International Plumbing Code is
hereby deleted from IPMC Section 102.3. The last sentence of
IPMC Section 102.3 is hereby deleted in its entirety.
3. The first sentence of IPMC Section 102.7 is hereby
amended to read as follows:
The codes and standards referenced in this code
shall be those that are listed in IPMC Chapter 9, “Referenced
Standards,” as herein amended and considered part of the
requirements of this code to the prescribed extent of each such
reference and as further regulated in Sections 102.7.1 and
102.7.2.
4. IPMC Section 103.5 is hereby repealed in its
entirety.
5. IPMC Section 111 is hereby repealed in its entirety.
Any person directly affected by a decision of the code official or a
Notice of Violation and Order or a civil infraction, or any other order
issued under this code or TMC Chapter 8.45, shall have the right
to appeal to the City Hearing Examiner or the Municipal Court as
set forth in TMC Chapter 8.45. In addition to, or in lieu of, any
other state or local provisions for the recovery of costs or penalties
incurred or assessed under TMC Chapter 8.45, the City Treasurer
may, pursuant to RCW 35.80.030(1)(h), certify to the King County
Treasurer an assessment amount equal to the costs of abatement,
removal, or repair of the property and/or any associated penalties
and collections to the tax rolls against the property for the current
year and the same shall become a part of the general taxes for
that year, to be collected at the same time and with interest at such
rates and in such manner as provided for in RCW 84.56.020.
6. IPMC Section 112.4 is hereby repealed in its
entirety. Violations shall be subject to enforcement and penalties
as prescribed in TMC Chapter 8.45 and the issuance of a Notice
of Violation in accordance with TMC Section 8.45.070.
7. References to “International Plumbing Code” and
“International Zoning Code” are hereby deleted from IPMC Section
201.3.
8. The following definitions shall be added to IPMC
Section 202 as follows:
a. Accessory Structure. A detached structure, such
as garage or shed, that is subordinate to the principal building(s)
on the same premises except Accessory Dwelling Units.
b. Adequate. Sufficient to accomplish the purpose
intended without unreasonable risk to human health or safety.
c. Asbestos-Containing Material. Any material or
product containing more than one percent asbestos.
d. Balusters. Pillars or columns in a series
supporting a rail or guard.
e. Biological Agent. Includes but not limited to
mold, infestation, human and animal waste, wastewater, sewage,
rotting material and accumulation of trash that may harbor viruses,
parasites, fungi, and/or bacteria.
f. Carbon Monoxide Alarm. An electronic device
that measures the level of carbon monoxide gas in the air and is
equipped with a sensor that activates an audible alarm when an
amount of carbon monoxide above the device’s threshold level
accumulates in the area in which the alarm is located.
g. Chemical Agent. Chemicals that have the
potential to cause adverse health effects.
h. Class ABC Fire Extinguisher. A fire extinguisher
capable of putting out:
(1) fires in ordinary combustible materials,
such as wood, cloth, paper, rubber, and many plastics (Class A);
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(2) fires in flammable liquids, combustible
liquids, petroleum greases, tars, oils, oil-based paints, solvents,
lacquers, alcohols, and flammable gases (Class B); and
(3) fires that involve energized electrical
equipment (Class C).
i. Cleanable. Moisture-resistant, free from cracks,
pitting, chips, or tears, and designed to be cleaned frequently.
j. Code Official is deemed to refer to the Building
Official.
k. Common Areas. Areas within multifamily
housing that are designated for use by all occupants, owners,
tenants or users of a building or building complex, including but
not limited to corridors, hallways, lobbies, parking areas, laundry
rooms, recreational spaces, pools, and exterior property.
l. Department of Property Maintenance is deemed
to refer to the Code Enforcement Section.
m. Egress. The path available for a person to leave
a building. This route shall be unobstructed, and doors along this
route cannot be subject to locking from the side to which people
will be leaving.
n. Emergency Escape and Rescue Opening. An
openable window, door, or other similar device that provides for a
means of escape and access for rescue in the event of an
emergency.
o. Friable. Asbestos-containing material that, when
dry, can be crumbled, pulverized, or reduced to powder by hand
pressure.
p. Grade. The finished ground level adjoining
building at all exterior walls.
q. Graywater System. A system for collecting
household wastewater from plumbing fixtures other than toilets
and treating it for non-potable reuse.
r. Handrail. A horizontal or sloping rail intended for
grasping by the hand for guidance or support.
s. Harborage. Any condition or place where pests
can obtain water or food, nest, or shelter.
t. Health. See “Safe and Healthy.”
u. Heating System. Facilities that, for the purpose
of maintaining thermal comfort during cold weather, heat air or
water through a furnace or heat pump and distribute such heat
through vents, ducts, pipes, or radiators, or hardwired electrical
heaters.
v. Insects. All species of classes of Arachnida and
Insecta (Hexapoda) of the Phylum Arthropoda including flies,
mosquitoes, bed bugs, crickets, cockroaches, moths, bees,
wasps, hornets, fleas, lice, beetles, weevils, gnats, ants, termites,
mites, ticks, spiders, and scorpions.
w. Integrated Pest Management. A systematic
strategy for managing pests that consists of eliminating their
harborage places; removing, or making inaccessible their food and
water sources; routine inspection and monitoring; identification of
evidence found; treatment that is scaled to and designed for the
infestation; using the least toxic pesticide for the identified pest;
and follow-up inspection until the infestation is gone. Low-toxicity
pesticide products are labeled with the single word of CAUTION.
x. Lead-Based Paint. Equal to or greater than 1.0
milligram lead per square centimeter or 0.5 percent lead by weight
for existing surfaces, paint, or other surface coatings, and equal to
or greater than 90 parts per million (ppm) or .009 percent lead for
paint and other surface coatings at the point of purchase.
y. Methamphetamine. A synthetic drug with rapid
and lasting effects sometimes used or manufactured illegally as a
stimulant.
z. Mold. A growth that a fungus produces on damp
or decaying organic matter or on living organisms.
aa. Multifamily Housing. Any dwelling containing
more than two dwelling units.
bb. Pests. Insects, rodents, or other vermin.
cc. Pesticide. Any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any pest, or intended for use as a plant regulator,
defoliant, or desiccant.
dd. Privacy. Conditions that permit an individual or
individuals to be without observation, interruption, or interference
by unwanted individuals.
ee. Properly Connected. Installed in accordance
with all applicable codes and ordinances, and in good working
order and not constituting a hazard to life or health.
ff. Radon. An odorless, tasteless, and invisible gas
found in both outdoor air and indoor air that is a form of ionizing
radiation produced by the decay of uranium in soil and water.
gg. Recyclable Materials. Disposable products
composed of glass, metal, paper, plastic, and similar content that
can be processed to produce a new supply of the same material
or be reused in the production of other materials.
hh. Riser. Vertical surface that connects one tread
of a step or stair to the next.
ii. Rodent. Any member of the order Rodentia,
including but not limited to field and wood mice, wood rats,
squirrels, woodchucks, gophers, Norway rats (Rattus norvegicus),
roof rats (rattus rattus), and house mice (Mus musculus).
jj. Rubbish. Combustible and noncombustible
waste materials, except garbage; the term shall include the
residue from the burning of wood, coal, coke and other
combustible materials; paper; rags; cartons; boxes; wood;
excelsior; rubber; leather; tree branches; yard trimmings; tin cans;
metals; mineral matter; glass, crockery and dust; discarded
furniture and appliances; and other similar materials.
kk. Safe and Healthy. The condition of being free
from danger and from chemical, biological, and physical agents
that may cause injury, disease, or death; and fit for human
occupancy.
ll. Smoke. Emissions from a lighted pipe, cigar,
cigarette, hookah, weed, herbs, or any other lighted biomass-
burning substances such as but not limited to tobacco, marijuana,
and incense.
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mm. Smoke Detector. A device that is equipped to
activate an audible alarm when it detects the presence of
combustion products in air.
nn. Space Heater. A self-contained convection or
radiant heater designed to heat a room, two adjoining rooms, or
some other limited space or area.
oo. Supplied. Paid for, furnished by, provided by, or
under the control of the owner or operator.
pp. Trash. Garbage, refuse or ashes.
qq. Tread. The horizontal surface of a step or stair.
rr. Unblockable Drain. Includes a pool, spa, or
whirlpool drain of any size and shape that a human body cannot
sufficiently block to create a suction entrapment hazard.
ss. Ventilation System. The natural or mechanical
process of supplying or removing conditioned or unconditioned air
to or from a space.
tt. Volatile Organic Compounds (VOC). Organic
chemical compounds whose composition makes it possible for
them to evaporate under normal indoor atmospheric conditions of
temperature and pressure.
uu. Walk-off Mat. A coarse-ribbed or plush-
surfaced mat with nonslip backing placed inside or just outside
building entrances designed to capture dirt, water, and other
materials tracked inside by people and equipment.
vv. Waterproof. Impervious to water.
ww. Weathertight. Secure against penetration by
air, wind, rain, snow, and other weather conditions.
9. The following is added to IPMC Section 301 as
follows:
301.4 Safe and healthy condition. The owner shall
ensure that the dwelling is maintained in a safe and healthy
condition. The owner shall investigate occupant reports of unsafe
or unhealthy conditions, respond in writing, and make needed
repairs in a timely manner. Occupants shall report unsafe or
unhealthy conditions, including breakdowns, leaks, and other
problems requiring repair, to the owner in a timely manner.
10. The first sentence of IPMC Section 302.4 is hereby
amended to read as follows:
All premises and exterior property shall be
maintained free from weeds or plant growth in excess of 12 inches.
11. The following is added to IPMC Section 302 as
follows:
302.5.1 Rodent exclusion. There shall be no holes
or open joints in exterior walls, foundations, slabs, floors, or roofs
that equal or exceed one-eighth inch (3 mm). The areas
surrounding windows, doors, pipes, drains, wires, conduits, vents,
and other openings that penetrate exterior walls shall be sealed
with low-VOC caulk or closed-cell insulation.
12. IPMC Section 303.2 is hereby amended to read as
follows:
Private swimming pools, hot tubs and spas
containing water more than 24 inches (610 mm) in depth shall be
completely surrounded by a fence or barrier not less than 60
inches (1524 mm) in height above the finished ground level
measured on the side of the barrier away from the pool. Gates
and doors in such barriers shall be self-closing and self-latching.
Where the self-latching device is not less than 54 inches (1372
mm) above the bottom of the gate, the release mechanism shall
be located on the pool side of the gate. Self-closing and self-
latching gates shall be maintained such that the gate will positively
close and latch when released from an open position of 6 inches
(152 mm) from the gatepost. No existing pool enclosure shall be
removed, replaced or changed in a manner that reduces its
effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that
complies with ASTM F 1346 shall be exempt from the provisions
of this section.
13. The following is added to IPMC Section 303 as
follows:
303.3 Prevention of entrapment. Suction outlets
on pools and spas shall have anti-entrapment drain covers
compliant with ANSI / ASME A112.19.8 and ANSI / APSP / ICC-
8-2013. Pool drains and drain covers shall be clearly visible and
in good repair. Where there is a single main drain (other than an
unblockable drain), a second anti-entrapment system shall be
installed.
303.4 Fences, gates and barriers (collectively “barriers”). Fences and gates shall not have climbable
crosspieces. The maximum vertical clearance between grade and
the bottom of the barrier shall be 4 inches (51 mm) measured on
the side of the barrier which faces away from the swimming pool.
Where the top of the pool structure is above grade, such as an
above-ground pool, the barrier may be at ground level, or mounted
on top of the pool structure. Where the barrier is mounted on top
of the pool structure, the maximum vertical clearance between the
top of the pool structure and the bottom of the barrier shall be 4
inches (102 mm). Gates shall open outward away from the pool.
14. The following is added to IPMC Section 304 as
follows:
304.7.1 Crawl spaces. The crawl space shall be
free of high-moisture conditions or be separated from the dwelling
by an air seal or other method suitable to the climate and
conditions. 304.10.1 Nonskid surfaces. Treads on exterior
stairways shall have nonskid surfaces.
304.13.3 Window guards. In dwelling units, if the
vertical distance from the top of the sill of an exterior openable
window to the finished grade or other surface below is greater than
72 inches (183 cm), and the vertical distance from the top of the
sill to the floor of the room is less than 36 inches (91.5 cm), the
window shall have a fall prevention device compliant with ASTM
F2006 or ASTM F2090, unless the opening will not allow a 4-inch
diameter (102 mm) sphere to pass through when fully opened. 304.13.4 Attached garages. Openings separating
an attached garage from a habitable room, including doors,
ceilings, floors, and utility and ductwork penetrations, shall be
sealed. The doorway between a habitable room and an attached
garage shall be equipped with a wood door not less than 1-3/8
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inches (35 mm) in thickness, a solid or honeycomb core steel door
not less than 1-3/8 inches (35 mm) thick, or a 20-minute fire-rated
door. The door shall have a self-closing, self-latching mechanism
and be sealed with weather stripping.
15. The first sentence of IPMC Section 304.14 is hereby
amended to read as follows:
During the period from January 1 to December 31,
every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food
service areas or any other areas where products to be included or
utilized in food for human consumption are processed,
manufactured, packaged or stored, shall be supplied with
approved tightly fitting screens of minimum 16 mesh per inch (16
mesh per 25 mm) and every screen door used for insect control
shall have a self-closing device in good working condition.
16. The following is added to IPMC Section 304 as
follows: 304.15.1 Self-closing mechanism. Every exterior
door on a multifamily building with a common entry that leads into
a foyer or hallway shall have a self-closing, self-latching
mechanism.
304.18.4 Change of tenancy. Following each
change in tenancy, the entry door(s) lock shall be changed.
17. The following is added to IPMC Section 305 as
follows: 305.4.1 Floors and floor coverings. Floors and
floor coverings shall be attached at each threshold, capable of
being cleaned, and free of bulges and buckling. Carpet shall have
no tears, folds, or bumps.
305.7 Mold and moisture. Interior and exterior
surfaces and surface coverings, such as but not limited to carpet,
wood, cellulose insulation, and paper, paint, and other wall
coverings, including paper-faced gypsum board, shall have no
signs of visible mold growth or chronic or persistent excessive
dampness or moisture. Material that is discolored or deteriorated
by mold or mildew or causes a moldy or earthy odor shall be
cleaned, dried, and repaired. Structurally unsound material shall
be removed and replaced. Removal and repair of moldy material
shall be conducted in accordance with New York City’s Guidelines
on Assessment and Remediation of Fungi in Indoor Environments,
the EPA guidelines for Mold Remediation in Schools and
Commercial Buildings, or other approved method. The underlying
cause of excessive dampness or moisture, or moldy or earthy
odor, shall be investigated and corrected. If the occupant’s action
has caused pooling of water inside the dwelling unit, the occupant
shall clean up and dry out the area in a timely manner.
18. The following is added to IPMC Section 307 as
follows: 307.2 Crosspieces. There shall be no climbable
crosspieces. 307.3 Openings at floor level. If the guard’s
balusters do not reach the floor or ground, the narrowest opening
between the bottom of the guard and the floor shall be a maximum
of four inches (10.2 cm).
19. The following is added to IPMC Section 309 as
follows:
309.1.1 Elimination methods. Pest infestation and
the underlying cause shall be eliminated using control methods
consistent with integrated pest management, such as exclusion,
sanitation, and least-risk pesticides scaled to and designed for the
targeted infestation.
309.1.2 Prohibited chemicals. Foggers and
organic phosphates shall not be used to control or eliminate pests. 309.6 Prevention of pest habitat. Stored materials
shall be placed in boxes or stacked in stable piles, elevated at least
six inches (152 mm) above the ground or floor, located at least six
inches (152 mm) from the walls, and not blocking any egress
routes. There shall be no accumulation of trash, paper, boxes,
lumber, scrap metal, food, or other materials that support rodent
harborage in or about any dwelling or premises. There shall be no
trees, shrubs, or other plantings in the soil within six inches (152
mm) of any dwelling.
309.7 Multifamily building. A certified pest
management professional or other personnel who has training or
certification in integrated pest management shall develop the
integrated pest management program for a multifamily building.
20. The following is added to IPMC Section 402 as
follows:
402.4 Exterior spaces. The parking areas and
walkways of multifamily housing shall be illuminated by outdoor
lighting devices suitable for premises.
21. The following is added to IPMC Section 403 as
follows:
403.4.1 Exhaust. No exhausted air shall be
discharged onto abutting or adjacent public or private property or
that of another occupant. Exhaust vent pipe openings and any
pest-proofing screens that cover them shall be maintained free of
debris. 403.4.2 Basement air. Basement air shall not be
used as supply air for an air handling system.
403.5.1 Clothes dryer duct. The exhaust from a
clothes dryer shall be vented through a rigid or corrugated semi-
rigid metal duct. 403.6 Ventilation system. Every dwelling shall
have a ventilation system compliant with ASHRAE Standard 62.2
(Ventilation and Acceptable Indoor Air Quality in Low-Rise
Residential Buildings) or ASHRAE 62.1 (Ventilation for Acceptable
Indoor Air Quality) as applicable to the dwelling. 403.7 Air Sealing. In a multifamily building, walls,
ceilings, and floors that separate a dwelling unit from neighboring
units, corridors, chases, stairwells, common areas, and other
openings shall be sealed.
22. The following is added to IPMC Section 404 as
follows:
404.4.6 Closet. Every dwelling shall have closet
space or other storage space to store occupants’ clothing and
personal belongings.
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404.7.1 Kitchen sink. There shall be a kitchen sink
in good working condition that is properly connected to heated and
unheated water supplies and waste pipes. Any provided
dishwasher and components of the sink, including disposal and
water filtration devices, shall be in good working condition and
properly connected.
404.7.2 Range. There shall be a properly installed
range in good working condition with all necessary connections for
safe and efficient operation. The range shall include an oven other
than a microwave oven, unless both a cooktop and separate oven
are provided. A hot plate is not an acceptable substitute for
burners on a range or cooktop. The range or cooktop shall have
a vertical clearance of not less than 30 inches (762 mm) from
above its surface to unprotected combustible material. Reduced
clearances are permitted in accordance with the listing and
labeling of the range hood.
404.7.3 Refrigerator. There shall be a refrigerator
in good working condition that is capable of maintaining a
temperature less than 41oF (6oC) but more than 32oF (0oC). The
freezer section of the refrigerator, or separate freezer, shall be
capable of maintaining a temperature below 0oF (-18oC). If the
lease does not provide for a refrigerator, adequate connections for
the occupant’s installation and operation of a refrigerator shall be
provided.
404.7.4 Counters and cabinets. Counters,
countertop edges, cabinets, and shelves shall be of sound
construction and furnished with surfaces that are impervious to
water, smooth, and cleanable. Cabinets shall have tight-fitting
doors and no gaps between any surfaces. Each dwelling unit shall
have a cabinet or other storage space that is lockable or not readily
accessible to children for the storage of medicine and household
chemical agents.
23. The following is added to IPMC Section 503 as
follows: 503.4.1 Nonslip surfaces. The bottoms of bathtubs
and shower floors shall have permanent or removable nonslip
surfaces. 503.5 Wall surface. Cleanable, nonabsorbent,
waterproof material shall cover the wall extending 72 inches (183
cm) above the floor of a shower stall or the floor of a bathtub fitted
with shower head. Such materials shall form a tight joint with each
other and with the bathtub or shower. Water/mold-resistant
materials shall be used on bathroom walls and floors, showers,
and other areas of the home that are likely to be exposed to
moisture.
24. The following is added to IPMC Section 505 as
follows: 505.4.1 Maximum temperatures. Bathtub faucets
and shower heads shall have a maximum temperature of 120oF
(49oC).
25. The following is added to IPMC Section 506 as
follows: 506.1.1 Cleanout. The drainage system shall have
a cleanout.
506.1.2 Graywater. Plumbing fixtures other than
toilets may discharge to the dwelling’s graywater system.
26. The following is added to IPMC Section 602 as
follows:
602.1.1 Maintenance, operation and servicing.
The heating system, filtration components, distribution
components, heating elements, and cooling elements shall be
sealed, cleaned, maintained, and operated in accordance with
manufacturer specifications and shall be inspected and serviced
annually by a licensed heating, ventilation, and air conditioning
systems contractor.
602.1.2 Alternative heat source. If heating
equipment becomes inoperative due to a mechanical problem or
power failure other than a utility outage, an alternative safe source
of necessary heating or ventilating shall be provided within 48
hours.
602.2.1 Maximum temperature. At no time during
the heating season shall the system allow the temperature to
exceed 78oF (25oC) in any habitable room.
27. The first sentence of IPMC Section 602.3 is hereby
amended to read as follows:
Every owner and operator of any building who rents,
leases or lets one or more dwelling units or sleeping units, on
terms, either expressed or implied, to furnish heat to the occupants
thereof shall supply heat during the period from January 1 to
December 31 to maintain a temperature of not less than 68°F
(20°C) in all habitable rooms, bathrooms, and toilet rooms.
28. The first sentence of IPMC Section 602.4 is hereby
amended to read as follows:
Indoor occupiable work spaces shall be supplied
with heat during the period from January 1 to December 31 to
maintain a temperature of not less than 65°F (18°C) during the
period the spaces are occupied.
29. The following is added to IPMC Section 602 as
follows:
602.6 Forced-air heating systems. Any dwelling
with a forced-air system shall have a thermostat within each
dwelling unit capable of controlling the heating system, and
cooling system if provided, to maintain a temperature set point
between 55oF (13oC) and 85oF (29oC) at different times of the day.
The system shall have a clean air filter installed in accordance with
manufacturer specifications at each change in tenancy and at
least annually. This filter shall have a minimum efficiency reporting
value of eight (MERV-8) unless the system is not equipped to use
a MERV-8 filter.
602.7 Steam and hot water heating systems. In
dwellings with heating equipment utilizing steam or hot water with
a temperature of 110oF (43oC) or greater, protective
covers/barriers shall be installed on and maintained for exposed
surfaces of baseboard units, radiators, and piping between
radiators. 602.8 Wood stoves. A free-standing wood stove
shall have brackets to prevent tip-over. A wood stove
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manufactured after June 1988 shall have a manufacturer’s label
certifying compliance with the emission standard at 4-0 C.F.R § 60
part AAA. Clearance of 30 inches (76 cm) shall be maintained
between combustible materials and a stove with no heat shield.
Where a heat shield is present, the clearance between
combustible materials and the stove shall be compliant with
manufacturer specification for the heat shield.
30. The following is added to IPMC Section 603 as
follows:
603.1.1 Equipment located in attached garage.
Heating and air conditioning system ductwork and air handling
units located in an attached garage shall be insulated and sealed.
There shall be no supply or return vent openings in a garage that
connect to air handlers serving habitable spaces.
603.1.2 Equipment access. In multifamily
buildings, equipment rooms shall be locked.
603.7 Moisture prevention. Cold HVAC and
plumbing components and systems (e.g., chilled-water pipes and
valves, refrigerant piping, and valves) in readily accessible
locations shall be sufficiently and continuously insulated to keep
the temperature of their surfaces at least 10oF (4oC) above the dew
point of the surrounding air.
31. The following is added to IPMC Section 605 as
follows:
605.2.1 Ground fault circuit interrupters. Every
kitchen shall contain at least one receptacle outlet with a ground
fault circuit interrupter (GFCI). Receptacle outlets in garages,
crawl spaces, unfinished basements, and outdoors shall be
protected by GFCIs.
605.3.1 Switches. Light switches that control
ceiling- or wall-type electric light fixtures shall be located
conveniently.
32. Section IPMC 702.4 is amended to read as follows:
702.4 Emergency escape openings. Required
emergency escape openings shall comply with the following:
Every sleeping room, including sleeping rooms located in
basements, shall have at least one openable emergency escape
and rescue opening. The opening shall have a minimum net clear
opening width of 20 inches (508 mm) and the minimum net clear
opening height shall be 24 inches (610 mm). The opening shall
be a minimum of 5.7 square feet with the finished sill height a
maximum of 44 inches (1118 mm) measured from the finished
floor to the bottom of the clear opening. Emergency escape and
rescue openings shall be operational from the inside of the room
without the use of keys, tools or special knowledge. Bars, grilles,
grates or similar devices are permitted to be placed over
emergency escape and rescue openings provided the minimum
net clear opening size complies with these requirements and such
devices shall be releasable or removable from the inside without
the use of a key, tool or force greater than that which is required
for normal operation of the escape and rescue opening.
Exception: Structures in existence at the time of the
adoption of this code may have their existing use continue without
change, if such use was legal at the time of the adoption of this
code, provided such continued use is not dangerous to life as
deemed by the code official.
33. The following is added to IPMC Section 704 as
follows:
704.2.5 Response to alarms. In the event a smoke
alarm sounds, the cause of the alarm condition shall be identified
and corrected.
704.2.6 Long-lasting batteries. Battery-operated
alarms and the battery backup for hardwired alarms shall be
powered with long-lasting non-alkaline batteries.
704.3 Fire Extinguisher. Fire extinguishers shall be
rated Class ABC and shall be readily accessible.
704.3.1 Multifamily housing. In multifamily
housing, there shall be portable fire extinguishers in common
areas on each floor of multifamily housing and in areas where
flammable or combustible liquids are stored, used, or dispensed.
These fire extinguishers shall be placed in conspicuous,
unobstructed locations that are not obscured from view.
704.4 Storage. Storage space for flammable and
combustible liquids shall be provided in a building separate from
the dwelling’s habitable space or in an adjacent space that is not
connected to the dwelling’s ventilation system.
34. A new section – IPMC Section 705 – is added as
follows:
SECTION 705 CARBON MONOXIDE
705.1 General. Every dwelling unit shall have at
least one functioning carbon monoxide (CO) alarm on every
habitable floor and outside each separate sleeping area in the
immediate vicinity of the bedroom. In the event a CO alarm
sounds, the cause of the alarm condition shall be identified and
corrected. 705.2 Long-lasting batteries. Battery-operated
alarms and the battery backup for hardwired alarms shall be
powered with long-lasting non-alkaline batteries.
705.3 Visual notification. Alternative visual
notification shall be provided for hearing-impaired occupants.
35. IPMC Chapter 8 is retitled “Chemical and
Radiological Agents.”
36. A new section – IPMC Section 801 – is added as
follows:
SECTION 801 GENERAL
801.1 Scope. The provisions of this chapter shall
govern the minimum conditions and standards for management of
chemical and radiological agents during maintenance of dwellings,
premises, and accessory structures including but not limited to
deteriorated lead-based paint, friable asbestos-containing
material, formaldehyde, radon, pesticides, methamphetamine,
and carbon monoxide. 801.2 General Requirements. The owner of the
structure shall be responsible for containing, storing, removing, or
mitigating the presence of chemical or radiological agents in a safe
and healthy manner consistent with federal, state and local laws
and regulations. When an applicable regulatory limit is more
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protective than the level included in this section, the more
restrictive limit shall apply.
801.3 Use of Chemical Agents. The owner will
provide occupants with at least 48 hours’ advance notice of
planned use of a pesticide or herbicide, the date and locations of
application, and a copy of the warning label.
37.A new section – IPMC Section 802 – is added as
follows: SECTION 802 LEAD-BASED PAINT
802.1 General. All interior and exterior surfaces of
any dwelling or dwelling unit shall not contain lead-based paint so
as not to pose a threat to the health, safety or welfare of residents.
Lead-based paint shall not be applied to the interior or exterior
surface of any dwelling or dwelling unit.
802.2 Lead-based paint hazard levels. Lead-
based paint hazard levels are regulated by the Washington State
Department of Commerce. 802.3 Deteriorated paint. All painted surfaces shall
be maintained intact. Deteriorated paint at a property built before
1978 shall be repaired in accordance with the requirements of the
Washington State Department of Commerce.
802.4 Renovation, repair and painting work. All
renovation, repair and painting work that disturbs a painted
surface in a pre-1978 dwelling, shall be performed in accordance
with the requirements of the Washington State Department of
Commerce.
38.A new section – IPMC Section 803 – is added as
follows:
SECTION 803 ASBESTOS
803.1 General. Every owner shall maintain in good
repair all asbestos-containing material on the premises. All
asbestos-containing material shall be maintained non-friable and
free from any defects such as holes, cracks, tears, and/or
looseness that may allow the release of fibers into the
environment.
803.2 Friable asbestos. All friable asbestos-
containing materials shall be abated by licensed asbestos
professionals in accordance with the requirements of the
Washington State Department of Labor and Industries. 803.3 Renovation. Any renovation, demolition, or
other activity that will disturb asbestos-containing materials shall
be preceded by an asbestos abatement in accordance with the
requirements of the Washington State Department of Labor and
Industries.
803.4 Asbestos Abatement. Abatement, removal
and disposal of all asbestos-containing materials shall comply with
all requirements of the Washington State Department of Labor and
Industries.
39.A new section – IPMC Section 804 – is added as
follows:
SECTION 804 TOXIC SUBSTANCES
IN BUILDING MATERIALS
804.1 Building Materials. Building materials
consisting of hardwood plywood, medium-density fiberboard, and
particleboard as defined by 15 U.S.C. 2697(b)(2) shall not be used
in maintenance and renovations within dwellings, unless the
materials have been certified to meet the formaldehyde emission
standards of 15 U.S.C. 2697(b)(2):
1.Hardwood plywood with a veneer core, 0.05
parts per million (ppm);
2.Hardwood plywood with a composite core, 0.05
ppm;
3. Medium-density fiberboard, 0.11 ppm;
4. Thin medium-density fiberboard, 0.13 ppm; and
5. Particleboard, 0.09 ppm.
804.2 Volatile Organic Compounds (VOC).
Building materials used in maintenance and renovations, including
but not limited to paints, coatings, primers, glues, resins,
adhesives, and floor coverings, shall be certified as having no
volatile organic chemicals (VOCs) or low VOC emissions, and
having no halogenated flame retardants (HFRs).
40.A new section – IPMC Section 805 – is added as
follows: SECTION 805 RADON
805.1 General. Radon present at levels at or above
the EPA action level of four picocuries radon per liter of air (pCI/L)
in the lowest habitable level of the dwelling shall be deemed
hazardous. Radon levels shall be determined by an approved
testing method in accordance with state and local requirements.
Radon levels exceeding 4 pCi/L shall be mitigated by a qualified
radon mitigation professional who meets state and local
requirements. If there are no state or local requirements qualifying
radon testing and mitigation professionals, radon testing and
mitigation shall be performed by a professional certified by a
national private-sector radon proficiency program.
41.A new section – IPMC Section 806 – is added as
follows: SECTION 806 PESTICIDES
806.1 General. Pesticides shall only be used in
accordance with integrated pest management methods using the
least-toxic pesticide with demonstrated efficacy for the identified
pest.
806.2 Pesticide application. Pesticides shall be
applied only in areas and at concentrations which comply with
manufacturer specifications. When it is determined by an
approved method that a hazardous amount of a pesticide has
been applied in a location or at a concentration contrary to
manufacturer specifications, the hazard shall be immediately
mitigated. 806.3 Storage. Pesticides shall be stored and
disposed in accordance with manufacturer specifications.
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–39
42.A new section – IPMC Section 807 – is added as
follows:
SECTION 807 METHAMPHETAMINE
807.1 General. A dwelling that has been used for
methamphetamine manufacture shall be vacated until certified by
Public Health Seattle/King County as safe from hazardous
materials related to the methamphetamine manufacturing
process.
43.A new section – IPMC Section 808 – is added as
follows: SECTION 808 SMOKING IN MULTIFAMILY
HOUSING
808.1 Smoke-free Policies. Tenants and
prospective tenants shall be informed in writing of any applicable
smoke-free policy and the location of designated smoke-free and
smoking areas. Signs shall be posted in all designated areas.
44.IPMC Chapter 8, “Referenced Standards,” is hereby
designated as Chapter 9.
45.References to "International Plumbing Code" and
"International Zoning Code" that appear in the index of Chapter 9,
“Referenced Standards,” are hereby deleted.
46.IPMC Appendix A, “Boarding Standard,” is hereby
adopted.
(Ord. 2549 §11, 2017; Ord. 2481 §2, 2015)
8.28.030 Vacant Buildings, Structures and Premises
A.All vacant buildings, structures and premises, and all
vacant land, shall be maintained in a clean, safe, secure and
sanitary condition as required by the International Property
Maintenance Code.
B.Definitions. As used in TMC Chapter 8.28, the following
definitions shall have the meanings set forth below:
1.“Abandoned Premises” means buildings, structures
and premises for which an owner cannot be identified or located
by dispatch of a certificate of mailing to the last known or
registered address, which persistently or repeatedly becomes
unprotected or unsecured, or which have structural collapse or fire
spread to adjacent properties.
2.“Boarded” means covering of all entry points,
including all doors and windows, with plywood or other materials
for the purpose of preventing entry into the building by persons or
animals.
3.“Chronic Nuisance Building or Premises” means a
vacant nuisance building or vacant nuisance premises that has
been abated but is not maintained free from violations for at least
one year following abatement.
4.“Code Official” means the Building Official or
designated Code Enforcement Officer.
5. “IBC” means International Building Code.
6.“IPMC” means International Property Maintenance
Code.
7.“Vacant Building” means a building or structure that
has not been occupied for over 30 days.
8.“Vacant Nuisance Building” means a building,
structure or portion thereof that is vacant and exists with any one
or more of the following conditions:
a. Unsecured against entry;
b.Old, dilapidated or has become so out of repair
as to be dangerous, unsafe, and unsanitary or otherwise unfit for
human habitation or occupancy;
c.Condemned by the Code Official;
d.Vacant for over 30 days, during which time the
Code Official has issued an order to correct the public nuisance
violations and those violations have not been corrected;
e.Not monitored and maintained in accordance
with the IPMC;
f.Incomplete construction whereby the building
permit has expired and the construction project has been
abandoned for more than 30 days;
g.An abandoned premises as defined in this
section.
9.“Vacant Nuisance Premises” means the exterior
premises of a vacant building, or vacant land that harbors junk
vehicles, accumulation of rubbish or garbage, overgrown weeds,
noxious weeds, unmaintained plant material and landscaping, or
other violation of the IPMC for over 30 days, during which time the
Code Official has issued an order to correct the public nuisance
violations and those violations have not been corrected.
C.Authority to Inspect. Whenever the Code Official has
reason to believe that a premise or a building is vacant, the Code
Official may inspect the premises and/or the building and
surrounding premises.
D.Declaration of Nuisance. Abandoned premises,
chronic nuisance buildings or premises, vacant nuisance
buildings, and vacant nuisance properties are found and declared
to be public nuisances.
(Ord. 2549 §12, 2017; Ord. 2396 §1, 2013)
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.
(Ord. 1837 §2 (part), 1998)
8.28.070 Occupying Recreational Vehicles as
Dwelling Units.
A.Definitions.
1.“Recreational Vehicle” means travel trailer,
motorhome, fifth-wheel trailer, or similar vehicles used for
temporary accommodations while traveling. “Recreational
vehicles” also includes boats, personal watercraft, snowmobiles
and the like.
2.“Occupied as a dwelling unit” means used for
sleeping, cooking, eating or bathing for longer than two weeks in
any six-month period.
B.Recreational vehicles may not be occupied as a dwelling
unit in any zone, except when parked in a licensed mobile home
park.
(Ord. 2494 §17, 2016; Ord. 2396 §2, 2013)
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–40
8.28.140 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.
(Ord. 1837 §2 (part), 1998)
8.28.150 Places Where Disturbance of the Peace Occurs
Any premises, place or business establishment where
drunkenness, 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.
(Ord. 1837 §2 (part), 1998)
8.28.160 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.
(Ord. 1837 §2 (part), 1998)
8.28.170 Unguarded Hole Dangerous to Life
Any unguarded or abandoned excavation, pit, well or hole
dangerous to life is declared to be a nuisance.
(Ord. 1837 §2 (part), 1998)
8.28.180 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 any landscaping as designated in the
landscaping and maintenance plan required before occupancy.
(Ord. 2372 §1, 2012; Ord. 1837 §2 (part), 1998)
CHAPTER 8.29
SOLICITING IN CERTAIN AREAS
PROHIBITED
Sections:
__________________________________________
This Chapter was repealed by Ordinance No.
2419, November 2013.
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–41
CHAPTER 8.30
CRIMES RELATING TO PERSONS
Sections:
8.30.010 Assault and Other Crimes Involving Physical Harm
8.30.020 Placing a Person in Fear or Apprehension by
Threat
8.30.030 repealed
8.30.040 Failure To Abide by Court Order
8.30.050 Custodial Interference
8.30.060 Harassment
8.30.070 Assault Against Police Officer or Firefighter
8.30.010 Assault and Other Crimes Involving
Physical Harm
The following statutes of the State of Washington are hereby
adopted by reference as now in effect or as may be subsequently
amended or recodified:
RCW 9A.36.041 Assault in the fourth degree.
RCW 9A.36.050 Reckless endangerment.
RCW 9A.36.070 Coercion.
RCW 9A.90.120 Cyber harassment.
RCW 9A.90.130 Cyberstalking.
RCW 9.61.230 Telephone calls to harass, intimidate,
torment or embarrass.
RCW 9.61.240 Telephone calls to harass, intimidate,
torment or embarrass - Permitting
telephone to be used.
RCW 9.61.250 Telephone calls to harass, intimidate,
torment or embarrass - Offenses, where
deemed committed.
(Ord. 2680 §4, 2022)
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
communicate, 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.
C.Any threat as defined in this section is deemed to have
been committed at the place from which the threat or threats were
made or at the place where the threat or threats were received.
(Ord. 1677 §10, 1993; Ord. 1363 §1 (part), 1985)
8.30.030 Domestic Violence - State Statutes Adopted
by Reference
The following statutes of the State of Washington, are hereby
adopted by reference as now in effect or as may be subsequently
amended or recodified:
RCW 7.105.010 Definitions.
RCW 7.105.050 Jurisdiction—Domestic violence protection
orders, sexual assault protection orders,
stalking protection orders, and
antiharassment protection orders.
RCW 7.105.065 Jurisdiction—Vulnerable adult protection
orders.
RCW 7.105.070 Jurisdiction—Extreme risk protection
orders.
RCW 7.105.075 Venue.
RCW 7.105.080 Personal jurisdiction over nonresidents.
RCW 7.105.085 Out-of-state child custody jurisdictional
issues.
RCW 7.105.100 Filing—Types of petitions.
RCW 7.105.105 Filing—Provisions governing all petitions.
RCW 7.105.110 Filing—Provisions applicable to specified
orders.
RCW 7.105.115 Forms, instructions, etc.—Duties of the
administrative office of the courts—
Recommendations for filing and data
collection.
RCW 7.105.120 Filing—Court clerk duties.
RCW 7.105.150 Service—Methods of service.
RCW 7.105.155 Service—Completion by law enforcement
officer.
RCW 7.105.160 Service—Materials.
RCW 7.105.165 Service—Timing.
RCW 7.105.175 Service—Development of best practices.
RCW 7.105.200 Hearings—Procedure.
RCW 7.105.205 Hearings—Remote hearings.
RCW 7.105.210 Realignment of parties—Domestic
violence and antiharassment protection
order proceedings.
RCW 7.105.215 Hearings—Extreme risk protection orders.
RCW 7.105.220 Hearings—Vulnerable adult protection
orders.
RCW 7.105.225 Grant of order, denial of order, and
improper grounds.
RCW 7.105.230 Judicial information system consultation.
RCW 7.105.235 Compliance hearings.
RCW 7.105.240 Appointment of counsel for petitioner.
RCW 7.105.245 Interpreters.
RCW 7.105.250 Protection order advocates and support
persons.
RCW 7.105.255 Judicial officer training.
RCW 7.105.300 Application—RCW 7.105.305 through
7.105.325
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–42
RCW 7.105.305 Ex parte temporary protection orders—
Other than for extreme risk protection
orders.
RCW 7.105.310 Relief for temporary and full protection
orders—Other than for extreme risk
protection orders.
RCW 7.105.315 Duration of full protection orders—Other
than for extreme risk protection orders.
RCW 7.105.320 Law enforcement stand-by to recover
possessions—Other than for extreme risk
protection orders.
RCW 7.105.325 Entry of protection order data—Other than
for extreme risk protection orders.
RCW 7.105.330 Temporary protection orders—Extreme
risk protection orders.
RCW 7.105.335 Full orders—Extreme risk protection
orders.
RCW 7.105.340 Surrender of firearms—Extreme risk
protection orders.
RCW 7.105.345 Firearms return and disposal—Extreme
risk protection orders.
RCW 7.105.350 Reporting of orders—Extreme risk
protection orders.
RCW 7.105.355 Sealing of records—Extreme risk
protection orders.
RCW 7.105.360 Certain findings and information in orders.
RCW 7.105.365 Errors in protection orders.
RCW 7.105.370 Sealing of records—Recommendations.
RCW 7.105.375 Dismissal or suspension of criminal
prosecution in exchange for protection
order.
RCW 7.105.400 Reissuance of temporary protection
orders.
RCW 7.105.405 Renewal of protection orders—Other than
extreme risk protection orders.
RCW 7.105.410 Renewal—Extreme risk protection orders.
RCW 7.105.450 Enforcement and penalties—Other than
antiharassment protection orders and
extreme risk protection orders.
RCW 7.105.455 Enforcement and penalties—
Antiharassment protection orders.
RCW 7.105.460 Enforcement and penalties—Extreme risk
protection orders—False petitions.
RCW 7.105.465 Enforcement and penalties—Knowledge of
order.
RCW 7.105.470 Enforcement—Prosecutor assistance.
RCW 7.105.500 Modification or termination—Other than
extreme risk protection orders and
vulnerable adult protection orders.
RCW 7.105.505 Termination—Extreme risk protection
orders.
RCW 7.105.510 Modification or termination—Vulnerable
adult protection orders.
RCW 7.105.515 Reporting of modification or termination of
order.
RCW 7.105.550 Orders under this and other chapters—
Enforcement and consolidation—Validity
and enforcement of orders under prior
chapters.
RCW 7.105.555 Judicial information system—Database.
RCW 7.105.560 Title to real estate—Effect of chapter.
RCW 7.105.565 Proceedings additional—Filing of criminal
charges not required.
RCW 7.105.570 Other authority retained.
RCW 7.105.575 Liability.
RCW 10.99.020 Definitions.
RCW 10.99.030 Law enforcement officers – Training,
powers, duties – Domestic violence
reports.
RCW 10.99.040 Restrictions upon and duties of court.
RCW 10.99.045 Appearances by defendant – No contact
order.
RCW 10.99.050 Victim contact – Restriction, prohibition –
Violation, penalties – Written order –
Procedures.
RCW 10.99.055 Enforcement of orders.
RCW 10.99.060 Notification of victim of prosecution
decision – Description of criminal
procedures available.
RCW 10.99.070 Liability of peace officers.
(Ord. 2680 §5, 2022)
8.30.040 Failure to Abide by Court Order
It shall be unlawful for any person subject to a Restraining
Order, No Contact Order, or any other court order or condition of
probation or release, to knowingly violate the terms of that order
or condition. Each violation shall constitute a misdemeanor.
(Ord. 1600 §1, 1991; Ord. 1363 §1 (part), 1985)
8.30.050 Custodial Interference
The following statutes of the State of Washington are hereby
adopted by reference:
RCW 9A.40.070 Custodial interference in the second
degree.
RCW 9A.40.080 Custodial interference - Assessment of
costs - Defense - Consent defense,
restricted.
(Ord. 1269 §1, 1982; Ord. 1363 §1 (part), 1985)
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–43
8.30.060 Harassment
The following statutes of the State of Washington are hereby
adopted by reference as now in effect or as may be subsequently
amended or recodified:
RCW 9A.46.020 Definition – Penalties.
RCW 9A.46.030 Place where committed.
RCW 9A.46.040 Court-ordered requirements upon person
charged with crime – Violation.
RCW 9A.46.050 Arraignment – No-contact order.
RCW 9A.46.060 Crimes included in harassment.
RCW 9A.46.070 Enforcement of orders restricting contact.
RCW 9A.46.080 Order restricting contact – Violation.
RCW 9A.46.090 Nonliability of peace officer.
RCW 9A.46.100 “Convicted”, time when.
RCW 9A.46.110 Stalking.
(Ord. 2680 §6, 2022)
8.30.070 Assault Against Police Officer or Firefighter
A person is guilty of assault against a police officer or
firefighter if he/she knowingly and willfully touches, strikes,
expectorates, or makes other unwelcome physical contact with a
police officer or firefighter when such officer or firefighter is
engaged in his/her lawful duties. The touching, striking,
expectorating, or other unwelcome physical contact must be of
such nature that it would offend an ordinary person who is not
unduly sensitive. Assaulting a police officer or firefighter is a gross
misdemeanor.
(Ord. 1754 §1, 1995)
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–44
CHAPTER 8.40
CRIMES RELATING TO PROPERTY
Sections:
8.40.010 Theft, UIBC, and Possession of Stolen Property
8.40.020 Malicious Mischief and Obscuring Identity of
Machines
8.40.030 Injury or Destruction of Property
8.40.040 Trespass and Related Crimes
8.40.050 Making or Possessing a Retail Theft Tool
8.40.010 Theft, UIBC, and Possession Of Stolen
Property
The following statutes of the State of Washington are adopted
by reference:
RCW 9A.56.010 Definitions.
RCW 9A.56.020 Theft - Definition, defense.
RCW 9A.56.050 Theft in third degree.
RCW 9A.56.060
(1)(2)(3)(5)Unlawful issuance of checks or drafts.
RCW 9A.56.140 Possessing stolen property - Definition,
credit cards, presumption.
RCW 9A.56.170 Possessing stolen property in the third
degree.
RCW 9.54.130 Restoration of stolen property - Duty of
officers.
(Ord. 1363 §1 (part), 1985)
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 identify of a machine.
(Ord. 1363 §1 (part), 1985)
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.
(Ord. 1363 §1 (part), 1985)
8.40.040 Trespass and Related Crimes
The following statutes of the State of Washington are adopted
by reference:
RCW 9A.52.010 Definitions.
RCW 9A.52.060 Making or having burglary tools.
RCW 9A.52.070 Criminal trespass in the first degree.
RCW 9A.52.080 Criminal trespass in the second degree.
RCW 9A.52.090 Criminal trespass - Defenses.
RCW 9A.52.100 Vehicle prowling.
RCW 9A.52.120 Computer trespass in the second degree.
RCW 9A.52.130 Computer trespass - Commission of other
crime.
RCW 9A.56.063 Making or possessing motor vehicle theft
tools.
(Ord. 2196 §1, 2008; Ord. 1363 §1 (part), 1985)
8.40.050 Making or Possessing a Retail Theft Tool
A.Any person who makes or mends, or causes to be made
or mended, uses, or has in his or her possession any retail theft
tool that is adapted, designed, or commonly used for the
commission of retail related theft, under circumstances evincing
an intent to use or employ, or allow the same to be used or
employed, in the commission of retail related theft, or knowing that
the same is intended to be so used, is guilty of making or having
retail theft tools, a gross misdemeanor.
B.For the purpose of this section, a retail theft tool includes,
but is not limited to, the following: booster bags; any implement
carried with the intent to be used to defeat theft protection sensors,
devices, or surveillance; or any other implement shown by facts
and circumstances that is intended to be used in the commission
of a theft from a retail store or similar place, or knowing that the
same is intended to be so used.
(Ord. 2497 §4, 2016)
TITLE 8 – PUBLIC PEACE, MORALS AND SAFETY
Produced by the City of Tukwila, City Clerk’s Office Page 8–45
CHAPTER 8.45
ENFORCEMENT
Sections:
8.45.010 Purpose
8.45.020 Violations
8.45.030 Enforcement
8.45.040 Voluntary Correction and Limited Right to Enter
Property
8.45.050 Investigation and Request for Compliance
8.45.060 Civil Infraction
8.45.070 Notice of Violation and Order
8.45.080 Repeat Violations
8.45.090 Stop Work Orders
8.45.100 Abatement
8.45.110 Appeal to Hearing Examiner
8.45.120 Penalties
8.45.130 Abatement by the City
8.45.010 Purpose
The purpose of TMC Chapter 8.45 is to establish an efficient
system to enforce the development, land use, and public health
regulations of the City; to provide an opportunity for a prompt
hearing and decision on alleged violations of these regulations; to
establish penalties for violations, including abatement of any
affected properties; and to collect all costs associated with
abatement, including relocation/assistance expenses, pursuant to
TMC Chapter 8.46. The enforcement mechanisms in this chapter
are used by designated staff throughout the City.
(Ord. 2547 §6, 2017)
8.45.020 Violations
A.Failure to comply with any applicable civil provision of the
Tukwila Municipal Code shall be enforced through the procedures
set forth in TMC Chapter 8.45. In the event of a conflict between
this chapter and any other provision of the Code, the more specific
provision shall apply.
B.In addition to specific civil violations enumerated
throughout the Tukwila Municipal Code, the following actions are
unlawful and are subject to enforcement through this chapter:
1.It is unlawful for any person to initiate, maintain, or
cause to be initiated or maintained, the use of any structure, land
or property within the City without first obtaining the permits or
authorizations required for the use by the applicable provisions of
any of the Tukwila Municipal Code.
2.It is unlawful for any person to use, construct, locate,
demolish or cause to be used, constructed, located, or
demolished, any structure, land, or property within the City in any
manner that is not permitted by the terms of any permit or
authorization issued pursuant to the applicable provisions of the
Tukwila Municipal Code.
3.It is unlawful to remove or deface any sign, notice,
complaint or order required by or posted in accordance with TMC
Chapter 8.45.
4.It is unlawful to misrepresent any material fact in any
application, plans, or other information submitted to obtain any
building or construction authorization.
(Ord. 2547 §7, 2017)
8.45.030 Enforcement
A.The Code Enforcement Officer(s) is/are the person(s)
authorized by the Mayor to enforce the civil provisions of the
Tukwila Municipal Code. Such persons may include staff from the
Police, Fire, Public Works and Community Development
Departments.
B.The Code Enforcement Officer shall have the
responsibility for enforcement of TMC Chapter 8.45. The Code
Enforcement Officer may call upon the Police, Fire, Community
Development, Public Works or other appropriate City departments
to assist in enforcement. The Code Enforcement Officer may seek
assistance from outside agencies or private contractors, should
the need exist. As used in TMC Chapter 8.45, “Code Enforcement
Officer” shall also mean his or her duly authorized designee.
C.TMC Chapter 8.45 shall be enforced for the benefit of the
health, safety, and welfare of the general public, and not for the
benefit of any particular person or class of persons.
D.It is the intent of TMC Chapter 8.45 to place the obligation
for complying with its requirements upon the owner, occupier,
tenant, manager, agent, or other person responsible for the
condition of land and buildings situated within the City of Tukwila
and within the scope of the Tukwila Municipal Code.
E.No provision or any term used in TMC Chapter 8.45 is
intended to impose any duty upon the City or any of its officers or
employees that would subject them to damages in a civil action.
F.“Person responsible for the condition” and “person
responsible,” as used in this chapter means any person who is
required by the applicable regulation to comply therewith, or who
commits any act or omission that is a violation or causes or permits
a violation to occur or remain upon property in the City, and
includes but is not limited to owner(s), lessor(s), tenant(s),
manager(s), agent(s) or other person(s) entitled to control, use
and/or occupy property where a violation occurs.
(Ord. 2547 §8, 2017)
8.45.040 Voluntary Correction and Limited Right to Enter Property
A.APPLICABILITY. While it is the City’s desire to obtain
voluntary correction pursuant to TMC Chapter 8.45, compliance is
not a prerequisite for pursuing any of the other remedies for
correction in TMC Chapter 8.45, or any remedies available in law
or equity. This section may apply whenever the Code
Enforcement Officer determines that a nuisance or code violation
has occurred or is occurring.
B.GENERAL. The Code Enforcement Officer may attempt
to secure voluntary correction by contacting the owner, occupier,
tenant, manager, agent, or other person responsible for the
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condition and, where possible, explaining the violation and
requesting correction.
C.VOLUNTARY CORRECTION AND LIMITED RIGHT OF
ENTRY AGREEMENT. A Voluntary Correction and Limited Right
of Entry Agreement may be entered into between the City of
Tukwila – acting through the applicable department director – and
the owner, occupier, tenant, manager, agent, or other person
responsible for the condition of land and buildings situated within
the City of Tukwila, for resolution of the violation. The Voluntary
Correction and Limited Right of Entry Agreement is a contract
between the City of Tukwila and the owner, occupier, tenant,
manager, agent, or other person responsible for the condition of
land and buildings, under which such person agrees to abate the
violation cited by the City, within a specified time and according to
specified conditions. The Voluntary Correction and Limited Right
of Entry Agreement may include the following:
1.The name and address of the person responsible for
the violation;
2.The street address or other description sufficient for
identification of the building, structure, premises, or land upon or
within which the violation has occurred or is occurring;
3.A description of the violation and a reference to the
regulation that has been violated;
4.The necessary corrective action to be taken, and a
date or time by which correction must be completed;
5.An agreement by the person responsible for the
violation that the City may inspect the premises as may be
necessary to determine compliance with the Voluntary Correction
and Limited Right of Entry Agreement; and
6.An agreement by the person responsible for the
violation that the City may abate the violation, and recover its costs
and expenses as described in TMC Section 8.45.130 and/or a
monetary penalty pursuant to TMC Chapter 8.45 from the person
responsible for the violation, if the terms of the Voluntary
Correction and Limited Right of Entry Agreement are not satisfied.
(Ord. 2547 §9, 2017)
8.45.050 Investigation and Request for Compliance
A.AUTHORITY: Upon presentation of proper credentials,
the Code Enforcement Officer may, with the consent of the owner
or occupier of a building or premises, enter at reasonable times
any building or premises in order to perform the duties imposed by
TMC Chapter 8.45.
B.INVESTIGATION: The Code Enforcement Officer may
investigate any structure or use which he or she reasonably
believes does not comply with the applicable standards and
requirements of the Tukwila Municipal Code.
C.REQUEST FOR COMPLIANCE: Upon receipt of a
complaint regarding a potential code violation of a non-emergency
nature, the Code Enforcement Officer may send a Request for
Compliance to the owner, tenant, occupier, manager, agent, or
other person responsible for the alleged violation documenting the
complaint and seeking voluntary compliance. The Code
Enforcement Officer may issue a written Request for Compliance
in any manner reasonably sufficient to give notice to the person(s)
responsible, such as by mail, e-mail or posting the Request on the
subject property. The Code Enforcement Officer may, in his or her
discretion, issue multiple Requests for Compliance in an attempt
to resolve code violations prior to issuing a civil infraction, Notice
of Violation and Order or taking other enforcement action.
D.Nothing in this section prohibits the Code Enforcement
Officer from immediately issuing a civil infraction, Notice of
Violation and Order or taking other enforcement action without first
issuing a Request for Compliance, when the circumstances
warrant more expeditious correction or when the person(s)
responsible is a repeat offender.
(Ord. 2547 §10, 2017)
8.45.060 Civil Infraction
For violations deemed civil infractions, if the Code
Enforcement Officer has probable cause to believe that the
applicable standards or requirements of the Tukwila Municipal
Code have been violated, the Code Enforcement Officer may
issue a civil infraction in accordance with Chapter 7.80 RCW,
which is incorporated herein by this reference, upon the person(s)
responsible for the condition.
(Ord. 2547 §11, 2017)
8.45.070 Notice of Violation and Order
A.Notice of Violation and Order: For all other civil violations
of the Tukwila Municipal Code, upon the Code
Enforcement Officer determining that a violation of the TMC exists,
the Code Enforcement Officer may serve a Notice of Violation and
Order upon the person(s) responsible for the condition. The
Notice of Violation and Order shall contain the following
information:
1.A citation to the standard, code provision or
requirement violated, along with a description of the specific
violation present;
2. The corrective action, if any, that is necessary to
comply with the standard, code provision or requirement;
3. The date by which the corrective action(s) shall be
completed by the person(s) responsible (“compliance date”); and
4. An explanation of the appeal process and the specific
information required to file an appeal.
B. Service of a Notice of Violation and Order: Service of a
notice of violation and order issued pursuant to this chapter shall
be made using one of the following methods:
1. Personal service is accomplished by (a) handing the
document to the person subject thereto or (b) leaving it at their last
known dwelling house or usual place of abode with a person of
suitable age and discretion then residing therein or (c) leaving it at
their office or place of employment with a person in charge thereof.
Personal service is complete immediately upon completion of the
action specified above.
2. Service by posting is accomplished by affixing a
copy of the document in a conspicuous place on the subject
property or structure, or as near to the affected property or
structure as feasible, with at least one copy of such document
placed at an entryway to the property or structure if an entryway
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exists. Service by posting is complete immediately upon
completion of the action specified above.
3.Service by mail is accomplished by placing the
document in first-class mail, postage prepaid, to the last known
address of the person to whom the document is directed. The last
known address shall be any of the following: (a) address provided
to the City by the person to whom the document is directed; (b) the
address on file with the City at the time the document is mailed;
(c) the address of the property where the violation is occurring; or
(d) the address shown on the official property tax information
website for King County, Washington State Department of
Licensing, or Washington Secretary of State Office. Service by
mail shall be deemed complete two days following the date of
mailing.
4.Overnight service is accomplished by placing the
document, delivery prepaid, with an overnight service bearing a
delivery address listed in subsection (B)(3) of this section.
Overnight service shall be deemed complete the following day.
5. Service by publication is accomplished by publishing
the document pursuant to RCW 4.28.100 and 4.28.110, as now or
hereafter amended. Service by publication shall be deemed
complete upon final publication as set forth in RCW 4.28.110.
C. Proof of Service: Proof of service may be made by
written affidavit or declaration under penalty of perjury by the
person effecting service, declaring the time, date and manner
thereof. If service is made solely by posting or publication, proof of
service shall include a statement as to what steps were used in
attempting to serve personally or by mail. The City shall take and
retain a photograph of the document if service is made by posting.
No additional proof of service beyond the requirements in this
chapter shall be required by the hearing examiner or other entity.
Any failure of the person to whom a document is directed to
observe a document served by posting or publication shall not
invalidate service nor the document so served.
D. AMENDMENT: A Notice of Violation and Order may be
amended at any time in order to:
1.Correct clerical errors; or
2. Cite additional authority for a stated violation.
E. ORDER BECOMES FINAL UNLESS APPEALED:
Unless an appeal is filed with the Code Enforcement Officer for
hearing before the Hearing Examiner in accordance with TMC
Section 8.45.110, the Notice of Violation and Order shall become
the final administrative order of the Code Enforcement Officer.
F. RECORDING: A copy of the notice may be filed and
recorded with the King County Recorder.
(Ord. 2738 §3, 2024; Ord. 2547 §12, 2017)
8.45.080 Repeat Violations
A.DEFINITION: “Repeat violation” means a violation of the
same or similar regulation in any location by the same person
responsible or on the same property for which either: (1) voluntary
compliance previously has been sought within two years; or (2) a
Notice of Violation and Order has been issued within two years.
B.PROCEDURE: The Code Enforcement Officer may
immediately issue a Notice of Violation and Order when a repeat
violation occurs.
C.PENALTY: For repeat violations that occur within two
years of a previous violation, the Code Enforcement Officer or
Hearing Examiner may impose the following penalties:
1.For the first repeat violation, the penalty may equal
up to $1,000 per day;
2.For the second repeat violation, the penalty may
equal up to $2,000 per day;
3.For the third repeat violation, the penalty may equal
up to $3,000 per day;
4.For the fourth repeat violation, the penalty may equal
up to $4,000 per day; and
5.For each additional repeat violation that may occur
beyond the fourth repeat violation, the penalty may equal up to
$5,000 per day.
(Ord. 2547 §13, 2017)
8.45.090 Stop Work Orders
Whenever a continuing violation of this Code will materially
impair the Code Enforcement Officer's ability to secure compliance
with this Code, or when the continuing violation threatens the
health or safety of the public, the Code Enforcement Officer may
issue a Stop Work Order specifying the violation and prohibiting
any work or other activity at the site. Any violation of a Stop Work
Order may be prosecuted with a Notice of Violation and Order, and
is hereby declared to be a public nuisance. The Code
Enforcement Officer is authorized to enjoin or abate such public
nuisance summarily by any legal or equitable means as may be
available. The City shall assess the cost of abatement, including
any and all legal fees incurred by the City attendant thereto, and
any fine levied jointly and severally against the responsible parties,
the subject property or both. The costs for the injunction or
abatement, including any and all penalties and legal fees incurred
by the City, shall be recovered by the City from the person(s)
responsible in the manner provided by law.
(Ord. 2547 §14, 2017)
8.45.100 Abatement
Any condition or violation described in a Notice of Violation
and Order that is not corrected within the time specified therein is
hereby declared to be a public nuisance. The Code Enforcement
Officer is authorized to enjoin or abate such nuisance summarily
by any legal or equitable means as may be available. The City
shall assess the cost of abatement, including any and all legal fees
incurred by the City attendant thereto, and any fine levied jointly
and severally against the responsible parties, the subject property
or both. The costs for the injunction or abatement, including any
and all penalties and legal fees incurred by the City, shall be
recovered by the City from the person(s) responsible, in the
manner provided by law.
(Ord. 2547 §15, 2017)
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8.45.110 Appeal to Hearing Examiner
A.The person(s) responsible named on a Notice of
Violation and Order issued by the Code Enforcement Officer,
pursuant to TMC Section 8.45.070, may appeal the Notice by
requesting such appeal within 10 calendar days after being served
with the Notice pursuant to TMC Section 8.45.070. When the last
day of the period so computed is a Saturday, Sunday, or a Federal
or City holiday, the period shall run until 4:30 PM on the next
business day. The request shall be in writing and include the
applicable appeal fee as specified in the City’s fee schedule
adopted by resolution of the City Council. Upon receipt of the
appeal request, the Code Enforcement Officer shall schedule an
appeal hearing before the Hearing Examiner. Notice of the
hearing shall be sent to the appellant and/or the person(s) named
on the Notice of Violation and Order under the procedures
described in TMC Section 8.45.070, or as may be otherwise
requested by the appealing party.
B.At or after the appeal hearing, the Hearing Examiner
may:
1. Sustain the Notice of Violation and Order;
2. Withdraw the Notice of Violation and Order;
3.Continue the review to a date certain for receipt of
additional information; or
4.Modify the Notice of Violation and Order, which may
include an extension of the compliance date.
C.The Hearing Examiner shall issue a written decision
within 14 days of the date of the completion of the review, and shall
cause the same to be sent to the person(s) named on the Notice
of Violation and Order under the same procedures described in
TMC Section 8.45.070 or as otherwise directed by the appealing
party.
D.The decision of the Hearing Examiner shall be final and
conclusive unless appealed. An appeal of the decision of the
Hearing Examiner must be filed with superior court within 21
calendar days from the date the Hearing Examiner’s decision was
mailed to the person(s) responsible to whom the Notice of
Violation and Order was directed, or is thereafter barred. The cost
for transcription of all records ordered certified by the superior
court for such review shall be borne by the appellant.
(Ord. 2547 §16, 2017)
8.45.120 Penalties
A.VIOLATIONS OF THE TUKWILA MUNICIPAL CODE:
1.Civil Infraction: Each civil infraction shall carry with
it a monetary penalty of $100.00 for the first violation, $175.00 for
a second violation of the same nature or a continuing violation,
and $250.00 for a third or subsequent violation of the same nature
or a continuing violation.
2.Notice of Violation and Order:
a. A Notice of Violation and Order shall carry with it
a cumulative monetary penalty of $250.00 per day for each
violation from the compliance date until compliance with the Notice
of Violation and Order is achieved.
b.The Code Enforcement Officer shall have the
discretion to impose penalties in an amount lower than those set
forth herein, taking into account the mitigating factors described
below:
(1)Was the responsible party willful or
knowing of the violation?
(2)Was the responsible party unresponsive in
correcting the violation?
(3)Was there improper operation or
maintenance?
(4)Does the violation provide economic
benefit for noncompliance?
(5)Does the discharge result in adverse
economic impact to others?
(6)Will cleanup activities be able to fully
mitigate or remediate the impacts?
(7)Is there a history of violations?
(8)Were there unforeseeable circumstances
that precluded compliance?
(9)Did the responsible party make a good-
faith effort to comply?
3.Liability for Damages: In addition to any penalty that
may be imposed by the City, any person violating or failing to
comply with any of the provisions of the Tukwila Municipal Code
shall be liable for all damage to public or private property arising
from such violation, including the cost of restoring the affected
area to its condition prior to the violation.
4.Responsibility for violations of the codes enforced
under this chapter and the penalties imposed in this section are
joint and several, and the City is not prohibited from taking action
against a party where other persons may also be potentially
responsible for a violation, nor is the City required to take action
against all persons potentially responsible for a violation.
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5.Notice of Assessment: Within 30 days of the
compliance date, either set by a Notice of Violation and Order or
an Order of the Hearing Examiner, whichever is later, the Code
Enforcement Officer shall issue a Notice of Assessment identifying
the penalties imposed under this chapter for any remaining
uncorrected violations, as well as any other costs and/or damages
assessed against the person(s) responsible, pursuant to this
chapter. Notices of Assessment shall be served in the same
manner as service of a Notice of Violation and Order.
a.Assessment Appeal: A person receiving a
Notice of Assessment may appeal the fines stated therein within
10 calendar days after the date the Notice is served. When the
last day of the period so computed is a Saturday, Sunday, or a
Federal or City holiday, the period shall run until 4:30 PM on the
next business day. The request shall be in writing and include the
applicable appeal fee as identified in the City’s fee schedule
adopted by resolution of the City Council. Upon receipt of the
appeal request, the Code Enforcement Officer shall schedule an
appeal hearing before the Hearing Examiner. Notice of the
hearing shall be sent to the appellant and/or the person(s) named
on the Notice of Assessment under the same manner as the
procedures described in TMC Section 8.45.070B, or as may be
otherwise requested by the appealing party.
b.Appeal Hearing: At or after the appeal hearing,
the Hearing Examiner may sustain the assessment, withdraw the
assessment if the violation(s) have been corrected or reduce the
assessment amount. The Hearing Examiner shall issue a written
decision within 14 days of the date of the completion of the review,
and shall cause the same to be sent to the person(s) named on
the Notice of Assessment under the same procedures described
in TMC Section 8.45.070B, or as otherwise directed by the
appealing party.
c.The decision of the Hearing Examiner shall be
final and conclusive unless appealed. Any judicial review of the
Hearing Examiner’s order shall be brought in superior court within
21 days of issuance of the Hearing Examiner’s decision.
d.Subsequent Notices of Assessment: The
Code Enforcement Officer shall issue additional notices of
assessment in 30-day increments until a violation is corrected.
Each subsequent notice of assessment may be appealed in the
same manner as described in TMC Section 8.45.110; provided,
however, that any such appeal shall be limited to only those
penalties incurred since the issuance of the preceding Notice of
Assessment.
6.The penalty imposed by this section under a Notice
of Violation and Order may be collected by civil action brought in
the name of the City. The Code Enforcement Officer may notify
the City Attorney of the name of any person subject to the penalty,
and the City Attorney may, with the assistance of the Code
Enforcement Officer, take appropriate action to collect the penalty,
including but not limited to attachment of a lien to the property.
B.ADDITIONAL RELIEF: The Code Enforcement Officer
may seek legal or equitable relief to enjoin any acts or practices
and abate any condition which constitutes or will constitute a
violation of the Tukwila Municipal Code. The remedies provided
in TMC Chapter 8.45 are cumulative and shall be in addition to any
other remedy provided by law.
C.CONTINUED DUTY TO CORRECT. Payment of a
monetary penalty pursuant to TMC Chapter 8.45 does not relieve
the person to whom the Infraction or Notice of Violation and Order
was issued of the duty to correct the violation.
(Ord. 2547 §17, 2017)
8.45.130 Abatement by the City
A.ABATEMENT. The City may abate nuisance or code
violations when:
1.The terms of the Voluntary Correction and Limited
Right of Entry Agreement have not been met; or
2.A Notice of Violation and Order has been issued and
the required correction has not been completed by the date
specified in the Notice of Violation and Order; or
3.A written decision issued by the City’s Hearing
Examiner has not been complied with by the date specified in the
written decision; or
4.The nuisances or code violations are subject to
summary abatement as provided for in TMC Section 8.45.130B.
B.SUMMARY ABATEMENT. Whenever any nuisance or
code violation causes a condition, the continued existence of
which constitutes an immediate threat to the public health, safety
or welfare or to the environment, the City may summarily and
without prior notice abate the condition. Notice of such abatement,
including the reason for it, shall be given to the person(s)
responsible for the violation as soon as reasonably possible after
the abatement. No right of action shall lie against the City or its
agents, officers, or employees for actions reasonably taken to
prevent or cure any such immediate threats, but neither shall the
City be entitled to recover any costs incurred for summary
abatement, prior to the time that actual notice of same is provided
to the person(s) responsible for the condition of land and buildings.
C.AUTHORIZED ACTION BY THE CITY. Using any lawful
means, the City may enter upon the subject property and may
remove or correct the condition that is subject to abatement. Prior
to or during such abatement, the City may seek such judicial
process as it deems necessary to effect the removal or correction
of such condition, including but not limited to obtaining an
injunction or warrant of abatement.
D.INTERFERENCE. Any person who knowingly obstructs,
impedes, or interferes with the City or its agents, or with the person
responsible for the violation, in the performance of duties imposed
by TMC Chapter 8.45, shall be guilty of a misdemeanor punishable
by imprisonment not exceeding 90 days and a fine not exceeding
$1,000.00.
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E.RECOVERY OF COSTS AND EXPENSES. All costs
and expenses incurred by the City during abatement of code
violations shall be assessed to the person(s) responsible for the
condition, and responsibility for all costs and expenses is joint and
several. Such costs and expenses may include, but are not limited
to, the following:
1.“Legal expenses,” for purposes of TMC Chapter
8.45, shall include but are not limited to the following:
a.Personnel costs, both direct and indirect,
including attorney’s fees and all costs incurred by the City
Attorney’s office or its designee to abate nuisances and code
violations;
b.Actual and incidental expenses and costs
incurred by the City in preparing notices, contracts, court
pleadings, and all other necessary documents required to abate
nuisances and code violations; and
c.All costs associated with retention and use of
expert witness or consultants during the course of abatement.
2.“Abatement expenses,” for purposes of TMC
Chapter 8.45, shall include but are not limited to the following:
a.Costs incurred by the City for preparation of
notices, contracts, and related documents necessary to abate
nuisance or code violations;
b.All costs associated with inspection of the
property and monitoring of said property consistent with orders of
compliance issued by the City’s Hearing Examiner or a Court of
competent jurisdiction;
c.All costs incurred by the City for hauling, storage,
disposal or removal of vegetation, trash, debris, dangerous
structures or structures unfit for human habitation pursuant to the
International Building Code and/or International Property
Maintenance Code, potential vermin habitat or fire hazards, junk
vehicles, obstructions to the public right-of-way, and setback
obstructions;
d.All costs incurred by law enforcement or related
enforcement agencies necessary to assist the City during
abatement of nuisance or code violations; and
e.All relocation/assistance costs pursuant to TMC
Chapter 8.46.
F.INTEREST. All costs incurred by the City during
abatement of nuisance and code violations may include interest in
amount as prescribed by law.
G.LIEN – AUTHORIZED. The City shall have a lien for any
monetary penalty imposed, the cost of any abatement
proceedings under TMC Chapter 8.45, and all other related costs
including attorney and expert witness fees, against the real
property on which the monetary penalty was imposed or any of the
work of abatement was performed.
(Ord. 2547 §18, 2017)
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CHAPTER 8.46
RELOCATION ASSISTANCE PROGRAM
Sections:
8.46.010 Purpose
8.46.020 Notification of Relocation Assistance
8.46.030 Advancement of Relocation Assistance
8.46.040 Reimbursement of Relocation Assistance
8.46.050 Penalty
8.46.060 Exemption from Reimbursement of Relocation
Assistance
8.46.010 Purpose
The purpose of this chapter is to establish, pursuant to RCW
59.18.085, a relocation assistance program for tenants whose
dwellings have been condemned by the City.
(Ord. 2122 §1 (part), 2006)
8.46.020 Notification of Relocation Assistance
At the time the City notifies a landlord that a dwelling is
condemned or unlawful to occupy due to the existence of
conditions that violate applicable codes, statutes, ordinances, or
regulations, the City shall also notify both the landlord and the
tenant(s) that the tenant(s) may be entitled to relocation
assistance from the landlord under RCW 59.18.085.
(Ord. 2122 §1 (part), 2006)
8.46.030 Advancement of Relocation Assistance
If the City determines that the tenant(s) are entitled to
relocation assistance, and the landlord has failed to provide the
tenant(s) with relocation assistance within seven days of the City
notifying the landlord of the condemnation, eviction or
displacement order, the City may advance the cost of relocation
assistance to the tenant(s). The amount of relocation assistance
advanced shall be no more than $2,000 or three times the monthly
rent, whichever is greater.
(Ord. 2122 §1 (part), 2006)
8.46.040 Reimbursement of Relocation Assistance
The landlord shall reimburse the City the relocation
assistance advanced by the City to the tenant(s) within 60 days
from the date that the City first advanced said funds.
(Ord. 2122 §1 (part), 2006)
8.46.050 Penalty
Failure by the landlord to repay the City for the advanced
relocation assistance within 60 days shall result in the assessment
of civil penalties in the amount of $50 per day for each displaced
tenant. In addition, interest shall accrue at the maximum legal rate
of interest permitted under RCW 19.52.020, commencing 30 days
after the date the City first advanced relocation assistance funds
to the displaced tenant(s). The City shall also be entitled to
attorney’s fees and costs arising from any legal action taken to
recover unpaid relocation assistance, penalties and interest. The
City may also recover advanced relocation assistance, penalties
and interest pursuant to TMC Section 8.48.090,
“Remediation/Penalties.”
(Ord. 2549 §13, 2017; Ord. 2122 §1 (part), 2006)
8.46.060 Exemption from Reimbursement of
Relocation Assistance
A.The landlord may be exempt from reimbursing the City
for relocation assistance if the landlord can demonstrate by a
preponderance of the evidence within seven days of the City
sending notice of the condemnation, eviction or displacement
order that the condition(s) causing the dwelling to be condemned
or unlawful to occupy was directly caused by:
1. a tenant’s or any third party’s illegal conduct without
the landlord’s prior knowledge;
2.a natural disaster, such as an earthquake, tsunami,
wind storm or hurricane; or
3.the acquisition of the property by eminent domain.
B.Relocation assistance will not be advanced to a tenant
who has entered into a rental agreement after official notice has
been given to the landlord, but before the violations have been
corrected.
(Ord. 2122 §1 (part), 2006)
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CHAPTER 8.47
FAIR HOUSING REGULATIONS
Sections:
8.47.010 Source of Income Discrimination Prohibited
8.47.020 Definitions
8.47.030 Applicability
8.47.040 Exceptions
8.47.050 Enforcement
8.47.010 Source of Income Discrimination Prohibited
No property owner, property manager, landlord or agent who
rents or leases rental units may refuse to rent or lease a rental unit
to any tenant or prospective tenant, or otherwise discriminate or
retaliate against that person, solely on the basis that the person
proposes to pay a portion of the rent from a source of income as
defined in this chapter.
(Ord. 2526 §2, 2017)
8.47.020 Definitions
For purposes of this chapter, the following words or phrases
shall have the meaning prescribed as follows:
1.“Source of income” includes legally-derived income
from social security; supplemental security income; other
retirement programs; or any federal, state, local, or nonprofit
administered benefit or subsidy programs, including housing
assistance, public assistance and general assistance programs.
2.Other terms used in this chapter shall be defined as
set forth in Tukwila Municipal Code Chapter 5.06, “Residential
Rental Business License and Inspection Program.”
(Ord. 2526 §3, 2017)
8.47.030 Applicability
Nothing in this chapter will apply if the rental unit does not
qualify for participation in the tenant’s “source of income” program,
although any property owner or manager that refuses to rent a
rental unit to a person on this basis must notify that person in
writing of the reasons why the rental unit is ineligible. Refusal to
allow a health and safety inspection of the property by a public
housing authority shall not be considered a legitimate basis for
refusing to rent due to program ineligibility.
(Ord. 2526 §4, 2017)
8.47.040 Exceptions
Nothing in this chapter shall:
1.Apply if the tenant’s source of income is pre-
scheduled to terminate during the term of the initial lease;
2.Apply to the renting, subrenting, leasing or
subleasing of a portion of a single-family dwelling, wherein the
owner or person entitled to possession thereof maintains a
permanent residence, home or abode therein;
3.Prohibit a religious organization, association, or
society, or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious
organization, association or society, from limiting the rental or
occupancy of dwellings it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion
is restricted on the basis of race, color, national origin or other
illegal discriminatory basis;
4.Be construed to prohibit treating people with a
disability more favorably than people who do not have a disability;
or
5.Be construed to protect criminal conduct or prohibit
any person from limiting the rental or occupancy of a dwelling
based on the use of force, threats, or violent behavior by an
occupant or prospective occupant.
(Ord. 2526 §5, 2017)
8.47.050 Enforcement
Violations of the provisions of this chapter shall be subject to
enforcement and penalties as prescribed in TMC Chapter 8.45
and the issuance of a Notice of Violation in accordance with TMC
Section 8.45.070.
(Ord. 2549 §14, 2017; Ord. 2526 §6, 2017)
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CHAPTER 8.48
UNFIT DWELLINGS, BUILDINGS AND
STRUCTURES
Sections:
8.48.010 Additional Enforcement Mechanism for Unfit
Dwellings, Buildings and Structures
8.48.020 Improvement Officer and Appeals Commission
Designated
8.48.030 Improvement Officer Authority— Issuance of
Complaint
8.48.040 Service of Complaint
8.48.050 Complaint Hearing
8.48.060 Determination, Findings of Fact, and Order
8.48.070 Appeal to Appeals Commission
8.48.080 Appeal to Superior Court
8.48.090 Remediation/Penalties
8.48.100 Tax Lien
8.48.110 Salvage
8.48.010 Additional Enforcement Mechanism for
Unfit Dwellings, Buildings and Structures
A.In addition to, and in combination with, the enforcement
methods set forth in TMC Chapter 8.45 and elsewhere in the
Tukwila Municipal Code, unfit dwelling, building and structure
violations, as defined by Chapter 35.80 RCW, may be enforced
under the provisions set forth in this chapter.
B.RCW Chapter 35.80, “Unfit Dwellings, Buildings, and
Structures”, as it currently exists or is hereinafter amended, is
hereby adopted.
(Ord. 2548 §3, 2017)
8.48.020 Improvement Officer and Appeals
Commission Designated
The Code Enforcement Officer, and the Code Enforcement
Officer’s designee, is designated as the City’s “Improvement
Officer,” and shall have the full scope of authority granted to that
official under Chapter 35.80 RCW. The City of Tukwila Hearing
Examiner is designated as the City’s “Appeals Commission,” and
shall have the full scope of authority granted to that commission
under Chapter 35.80 RCW.
(Ord. 2548 §4, 2017)
8.48.030 Improvement Officer Authority— Issuance
of Complaint
If, after a preliminary investigation of any dwelling, building,
structure or premises, the Improvement Officer finds that it is unfit
for human habitation or other use, the Improvement Officer may
issue a complaint conforming to the provisions of RCW 35.80.030,
stating in what respects such dwelling, building, structure or
premises is unfit for human habitation or other use. In determining
whether a dwelling, building, structure or premises should be
repaired or demolished, the Improvement Officer shall be guided
by the Tukwila Municipal Code and such other codes adopted
pursuant to the Tukwila Municipal Code as the Improvement
Officer deems applicable, in particular the most recent edition of
the International Property Maintenance Code.
(Ord. 2548 §5, 2017)
8.48.040 Service of Complaint
A complaint issued under this chapter shall be served on the
parties and posted on the subject property pursuant to RCW
35.80.030, and shall also be filed with the King County Auditor. All
complaints or other documents posted on the subject property
shall remain in place until the complaint has been resolved. For
purposes of service, such complaints or other documents are
deemed effective on the day of posting.
(Ord. 2548 §6, 2017)
8.48.050 Complaint Hearing
Not less than 10 days nor more than 30 days after serving a
complaint, the Improvement Officer shall hold a hearing
conforming to the provisions of RCW 35.80.030, at which all
parties in interest shall be given the right to appear in person, to
bring witnesses, and to give testimony regarding the complaint. At
any time prior to or at the time of the hearing, any party may file
an answer to the complaint. The Improvement Officer shall adopt
procedural rules governing the procedure of such hearing, which
shall be available for public inspection at the Tukwila Department
of Community Development.
(Ord. 2548 §7, 2017)
8.48.060 Determination, Findings of Fact, and Order
Within 10 days of the complaint hearing, the Improvement
Officer shall issue a Determination, Findings of Fact, and Order
stating the Improvement Officer’s determination as to whether the
subject dwelling, building, structure or premises is unfit for human
habitation or other use; the findings of fact supporting the
determination; and an order specifying the actions necessary to
address any unfitness, and a deadline for completing the actions.
The Determination, Findings of Fact, and Order shall be served
and posted as set forth in TMC Section 8.48.040, and if no appeal
is filed within the deadline specified in TMC Section 8.48.070, a
copy of the Determination, Findings of Fact, and Order shall be
filed with the King County Auditor.
(Ord. 2548 §8, 2017)
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8.48.070 Appeal to Appeals Commission
Within 30 days of service of a Determination, Findings of Fact,
and Order, any party may file an appeal to the Appeals
Commission. Such an appeal shall be governed by the City of
Tukwila Hearing Examiner’s procedural rules, except that the
Appeals Commission shall conduct a hearing on the appeal and
issue a ruling within 60 days from the date the appeal is filed; and
if the Appeals Commission issues any oral findings of fact, the
ruling shall contain a transcript of such findings in addition to any
findings issued at the time of the ruling. The ruling shall be served
and posted as set forth in TMC Section 8.48.040, and if no appeal
is filed within the deadline specified in TMC Section 8.48.080, a
copy of the ruling shall be filed with the King County Auditor.
(Ord. 2548 §9, 2017)
8.48.080 Appeal to Superior Court
Any person affected by a Determination, Findings of Fact, and
Order issued by the Improvement Officer, who has brought an
appeal before the Appeals Commission pursuant to TMC Section
8.48.070 may, within 30 days after the Appeals Commission’s
ruling has been served and posted pursuant to TMC Section
8.48.040, petition the King County Superior Court for an injunction
restraining the Improvement Officer from carrying out the
provisions of the Determination, Findings of Fact, and Order. In
all such proceedings, the Court is authorized to affirm, reverse or
modify the order, and such trial shall be heard de novo.
(Ord. 2548 §10, 2017)
8.48.090 Remediation/Penalties
If a party, following exhaustion of the party’s rights to appeal,
fails to comply with the Determination, Findings of Fact, and Order,
the Improvement Officer may direct or cause the subject dwelling,
building, structure or premises to be repaired, altered, improved,
vacated, and closed, removed, or demolished pursuant to Chapter
35.80 RCW.
(Ord. 2548 §11, 2017)
8.48.100 Tax Lien
The cost of any action taken by the Improvement Officer
under TMC Section 8.48.090 shall be assessed against the
subject property pursuant to Chapter 35.80 RCW. Upon
certification by the City of Tukwila Finance Director that the
assessment amount is due and owing, the King County Treasurer
shall enter the amount of such assessment upon the tax rolls
against the subject property pursuant to the provisions of RCW
35.80.030.
(Ord. 2548 §12, 2017)
8.48.110 Salvage
Materials from any dwelling, building, structure, or premises
removed or demolished by the Improvement Officer shall, if
possible, be salvaged and sold as if the materials were surplus
property of the City of Tukwila, and the funds received from the
sale shall be credited against the cost of the removal or demolition;
and any balance remaining shall be paid to the parties entitled
thereto, as determined by the Improvement Officer, after
deducting the costs incident thereto.
(Ord. 2548 §13, 2017)
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CHAPTER 8.50
CRIMES RELATING TO
PUBLIC MORALS
Sections:
8.50.010 Public Indecency – Sex Crimes
8.50.020 Lewd Conduct - Lewd Assault
8.50.030 Indecent Exposure
8.50.040 Prostitution Loitering
8.50.050 Illicit Conduct
8.50.010 Public Indecency – Sex Crimes
The following statutes of the State of Washington, as now in
effect or as may be subsequently amended or recodified, are
hereby adopted by reference:
RCW 9A.44.010 Definitions.
RCW 9A.44.096 Sexual misconduct with a minor in the
second degree.
RCW 9A.44.120 Admissibility of child’s statement –
Conditions.
RCW 9A.44.132 Failure to register as sex offender or
kidnapping offender – Refusal
to provide DNA.
RCW 9A.44.170 Custodial sexual misconduct in the
second degree.
RCW 9A.88.010 Indecent exposure.
RCW 9A.88.030 Prostitution.
RCW 9A.88.050 Prostitution – Sex of parties immaterial –
No defense.
RCW 9A.88.090 Permitting prostitution.
RCW 9A.88.110 Patronizing a prostitute.
RCW 9A.88.120 Additional fee assessments.
RCW 9A.88.130 Additional requirements.
RCW 9A.88.140 Vehicle impoundment – Fees – Fines.
RCW 9A.88.150 Seizure and forfeiture.
(Ord. 2497 §5, 2016; Ord. 1538 §1, 1989;
Ord. 1363 §1 (part), 1985)
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 definition shall not
apply to any:
f.“Expressive dance” as defined in TMC
8.50.020A.1;
g. Play, opera, musical or other similar work;
h.Class, seminar or lecture conducted for a
scientific or educational purpose;
i.Nudity within a locker room or other similar facility
used for changing clothing in connection with athletic or exercise
activities; or
j.Non-obscene expression.
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.
(Ord. 1908 §1, 2000; Ord. 1363 §1 (part), 1985)
8.50.030 Indecent Exposure
A.Definitions – For purposes of this section, the following
definitions shall apply:
1.“Expressive dance” shall have the same meaning as
in TMC 8.50.020A.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:
a.“Expressive dance” as defined in TMC
8.50.020A1;(2) Play, opera, musical or other similar work;
b.Class, seminar or lecture conducted for a
scientific or educational purpose;
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c.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 public
view;
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.
(Ord. 1363 §1 (part), 1985)
8.50.040 Prostitution Loitering
A.As used in this section:
1.“Commit prostitution” means to engage in sexual
conduct for money, but does not include sexual conduct engaged
in as part of any stage performance, play or other entertainment
open to the public.
2.“Known prostitute or procurer” means a person who
within one year previous to the date of arrest for violation of this
section has, within the knowledge of the arresting officer, been
convicted in any court of an offense involving prostitution.
3.“Public place” is an area generally visible to public
view and includes without limitation streets, sidewalks, bridges,
alleys, plazas, parks, driveways, parking lots, automobiles
(whether moving or not), and buildings open to the general public,
including those which serve food or drink, or provide
entertainment, and the doorways and entrances to buildings or
dwellings and the ground enclosing them.
4.“Sexual conduct” means:
a.Sexual intercourse within its ordinary meaning,
occurring upon any penetration, however slight; or
b.Any penetration of the vagina or anus however
slight, by an object, when committed on one person by another,
whether such persons are of the same or opposite sex, except
when such penetration is accomplished for medically recognized
treatment or diagnostic purposes; or
c.Any act or sexual contact between persons
involving the sex organs of one person and the mouth or anus of
another, whether such persons are of the same or opposite sex;
or
d.Masturbation, manual or instrumental, of one
person by another.
B.A person is guilty of prostitution loitering if he or she is in
or remains in a public place and intentionally solicits, induces,
entices or procures another to commit an illegal sex act, including
but not limited to those enumerated in or adopted by TMC Chapter
8.50.
C.The following nonexclusive circumstances may be
considered in determining whether the actor intends to commit the
crime of prostitution loitering. The actor:
1.Repeatedly beckons to, stops or attempts to stop, or
engages passers-by in conversation; or
2.Repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture;
or
3.Circles or repeatedly returns to an area in a motor
vehicle and repeatedly beckons to, contacts or attempts to stop
pedestrians; or
4. Is a known prostitute or procurer; or
5.Inquires whether a potential patron or other person
is a police officer, searches for articles that would identify a police
officer, or requests the touching or exposing of genitals or female
breasts to prove that the person is not a police officer.
(Ord. 1752 §1, 1995; Ord. 1533 §1, 1989)
8.50.050 Illicit Conduct
A.No person shall touch, caress or fondle the genitals,
pubic area or adult female breast, or that person or another,
whether under or through clothing, for the purpose of sexual
arousal or exciting the sexual desires of either party, in a place
open to the public; provided, however, this subsection shall not
apply to any class, seminar, or lecture held for serious scientific,
artistic or educational purposes.
B.No person shall expose to view, in any place open to the
public, any portion of the adult female breast below the top of the
areola, or any portion of the pubic hair, anus, anal cleavage, vulva
and/or genitals, except as permitted in a licensed adult
entertainment cabaret pursuant to TMC Chapter 5.56; provided,
however, this subsection shall not apply to any class, seminar, or
lecture held for serious scientific, artistic or educational purposes.
(Ord. 1753 §1, 1995)
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CHAPTER 8.60
CRIMES RELATING TO
PUBLIC OFFICERS
Sections:
8.60.020 Obstructing Justice, Criminal Assistance,
Introducing Contraband and Related Offenses
8.60.030 Escape
8.60.040 Vehicles Resembling Police or Fire Vehicles
8.60.020 Obstructing Justice, Criminal Assistance, Introducing Contraband and Related Offenses
The following RCW statutes of the State of Washington are
adopted by reference:
9.69.100 Withholding knowledge of felony involving violence
–Penalty.
9A.72.040 False swearing.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
9A.76.010 Definitions.
9A.76.020 Obstructing a law enforcement officer.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance – Definition of terms.
9A.76.060 Relative defined.
9A.76.080 Rendering criminal assistance in the second
degree.
9A.76.090 Rendering criminal assistance in the third
degree.
9A.76.100 Compounding.
9A.76.160 Introducing contraband in the third degree.
9A.76.170
(1)(2)(d) Bail jumping.
9A.76.175 Making a false or misleading statement to a
public servant.
9A.84.040 False reporting.
(Ord. 1806 §1, 1997; Ord. 1677 §14, 1993;
Ord. 1532 §1, 1989; Ord. 1363 §1 (part), 1985)
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.
(Ord. 1363 §1 (part), 1985)
8.60.040 Vehicles Resembling Police or Fire Vehicles
No person shall operate a motor vehicle within the city which
is painted and contains decals, numbers, name, or insignia so as
to simulate a Tukwila police or fire department vehicle without prior
authorization from the police chief, fire chief or their designees.
(Ord. 1677 §13, 1993)
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CHAPTER 8.70
CRIMES RELATING TO PUBLIC PEACE
Sections:
8.70.010 Disorderly Conduct
8.70.020 Riot, Failure to Disperse And Obstruction
8.70.030 Privacy, Violating Right of
8.70.040 Libel and Slander
8.70.050 Malicious Prosecution – Abuse of Process
8.70.010 Disorderly Conduct
A person is guilty of disorderly conduct if he:
1.Uses abusive language and thereby intentionally
creates a risk of assault; or
2.Intentionally disrupts any lawful assembly or meeting
of persons without authority; or
3.Intentionally obstructs vehicular or pedestrian traffic
without lawful authority; or
4.Intentionally and without lawful authority makes
noise which unreasonably disturbs another; or
5.Intentionally engages in any conduct which tends to
or does disturb the public peace, provide disorder, or endanger the
safety of others.
(Ord. 1363 §1 (part), 1985)
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) Riot.
RCW 9A.84.020 Failure to disperse.
RCW 9.27.015 Interference, obstruction of any court,
building or residence – Violations.
(Ord. 1363 §1 (part), 1985)
8.70.030 Privacy, Violating Right of
The following statutes of the State of Washington are adopted
by reference:
RCW 9.73.010 Divulging telegram.
RCW 9.73.020 Opening sealed letter.
RCW 9.73.030 Intercepting, recording or divulging private
communication – Consent required –
Exceptions.
RCW 9.73.070 Intercepting, recording or divulging private
communications – Persons and activities
excepted.
RCW 9.73.090 Police and Fire personnel exempted from
RCW 9.73.030 through 9.73.080 –
Standards.
RCW 9.73.100 Recordings available to defense counsel.
(Ord. 1363 §1 (part), 1985)
8.70.040 Libel and Slander
The following statutes of the State of Washington are adopted
by reference:
RCW 9.58.010 Libel, what constitutes.
RCW 9.58.020 How justified or excused – Malice, when
presumed.
RCW 9.58.030 Publication defined.
RCW 9.58.040 Liability of editors and others.
RCW 9.58.050 Report of proceedings privileged.
RCW 9.58.070 Privileged communications.
RCW 9.58.080 Furnishing libelous information.
RCW 9.58.090 Threatening to publish libel.
RCW 9.58.100 Slander of financial institution.
RCW 9.58.120 Testimony necessary to convict.
(Ord. 1363 §1 (part), 1985)
8.70.050 Malicious Prosecution – Abuse of Process
The following statutes of the State of Washington are adopted
by reference:
RCW 9.62.010 Malicious prosecution.
RCW 9.62.020 Instituting suit in name of another.
(Ord. 1363 §1 (part), 1985)
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CHAPTER 8.72
STREET RACING
Sections:
8.72.010 Definitions.
8.72.020 SOAR Orders.
8.72.030 Designated “No Racing Zones.”
8.72.040 Unlawful Race Attendance Prohibited.
8.72.050 Issuance of SOAR Orders.
8.72.060 Violation of SOAR Orders.
8.72.010 Definitions
Unless the context clearly requires otherwise, the definitions
in TMC Chapter 8.72 shall apply throughout this chapter.
1.“Public place” means an area, whether publicly or
privately owned, generally open to the public and includes, without
limitation, the doorways and entrances to buildings or dwellings
and the grounds enclosing them, streets, sidewalks, bridges,
alleys, plazas, parks, driveways, and parking lots.
2.“SOAR” is an abbreviation for “Stay Out of Areas of
Racing.”
3.“Unlawful race event” means an event wherein
persons willfully compare or contest relative speeds by operation
of one or more motor vehicles.
(Ord. 2017 §1 (part), 2003)
8.72.020 SOAR Orders
A SOAR order prohibits persons from engaging in racing or
unlawful race attendance within a “No Racing Zone,” as set forth
herein, between the hours of 10:00PM and 4:00AM.
(Ord. 2017 §1 (part), 2003)
8.72.030 Designated “No Racing Zones”
A.The SOAR order may apply to any of the following areas,
designated herein as “No Racing Zones,” between the hours of
10:00PM and 4:00AM:
1. Segale Business Park, including:
a.Andover Park West, from Tukwila Parkway to
Segale Drive C;
b. Segale Drive A;
c.Segale Drive B;
d. Segale Drive C;
e. Segale Drive D;
2. Southcenter South Business Park, including:
a. Todd Boulevard;
b. Olympic Avenue South;
c. Riverside Drive;
d. Glacier Street;
3.Andover Park East, from Tukwila Parkway to South
180th Street;
4. Corporate Drive North;
5. Corporate Drive South;
6.Midland Drive;
7.Minkler Boulevard, from Southcenter Parkway to
600 Industry Drive;
8.Strander Boulevard, from Southcenter Parkway to
West Valley Highway;
9. Triland Drive;
10. Upland Drive;
11.West Marginal Place, from the 10000 block to the
11000 block; and
12.West Valley Highway, from Southcenter Boulevard
to South 190th Street.
B. These “No Racing Zones” include the locations listed in
TMC 8.72.030A, together with adjoining property areas (such as
sidewalks, entryways, landscaped areas, and parking areas), if
those adjoining areas are being used for racing or unlawful race
attendance regardless of whether such property is public or
private. These “No Racing Zones” shall be designated by the
placement of clear and conspicuous signs at all highway
entrances to the no racing zone. At a minimum, these signs must
include the following statements: “No Racing Zone”; “Race
Attendance Prohibited”; TMC 8.72.040.
(Ord. 2017 §1 (part), 2003)
8.72.040 Unlawful Race Attendance Prohibited
Any person who:
1.has actual or constructive knowledge that they are in
a designated SOAR area between the hours of 10:00PM and
4:00AM, and
2.has actual or constructive knowledge that an
unlawful race event is occurring, has occurred, or is about to occur,
and
3.intends to observe or support or encourage the
unlawful race event, is guilty of a misdemeanor.
(Ord. 2017 §1 (part), 2003)
8.72.050 Issuance of SOAR Orders
A.The Municipal Court may issue a SOAR order to any
person charged with racing, unlawful race attendance, reckless
driving associated with race activity, or trespass associated with
race activity as a condition of pre-trial release, sentence, or
deferred sentence.
B.A person is deemed to have notice of the SOAR order
when:
1.The signature of either the person named in the
order or that of his or her attorney is affixed to the bottom of the
order, which signature shall signify the person named in the order
has read the order and has knowledge of the contents of the order;
or
2.The order recites that the person named in the order,
or his or her attorney, has appeared in person before the court at
the time of issuance of the order.
C.The written SOAR order shall contain the court’s
directives and shall bear the statement: “Violation of this order is
a criminal offense under TMC 8.72.060 and will subject the violator
to arrest.”
(Ord. 2017 §1 (part), 2003)
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8.72.060 Violation of SOAR Orders
A.In the event a police officer has probable cause to believe
that a person has been issued a SOAR order as a condition of pre-
trial release or a sentence imposed by the court and, in the officer’s
presence, the person is seen violating or failing to comply with any
requirement or restriction imposed upon that person by the court
as a condition of his or her pre-trial release or condition of
sentence, the officer may arrest the violator without warrant for
violation of the SOAR order and shall bring that person before the
court that issued the order.
B.When a SOAR order is issued pursuant to this chapter
and the person so named in the order has notice of the order, a
violation of any of the provisions of the SOAR order is a gross
misdemeanor and shall be punishable by a fine not to exceed
$5,000 or imprisonment not to exceed more than one year, or both.
(Ord. 2017 §1 (part), 2003)
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CHAPTER 8.80
MISCELLANEOUS CRIMES
Sections:
8.80.010 Conduct Prohibited
8.80.020 Littering, Pollution And Smoking
8.80.030 United States and State Flags – Related Crimes
8.80.010 Conduct Prohibited
The following statutes of the State of Washington are adopted
by reference:
RCW 9.91.010 Denial of civil rights – Terms defined.
RCW 9.91.020 Operating railroad, steamboat, vehicle, etc.,
while intoxicated.
RCW 9.91.025 Unlawful bus conduct.
RCW 9.91.110 Meal buyers – Records of purchases –
Penalty.
(Ord. 1389 §1, 1986; Ord. 1363 §1 (part), 1985)
8.80.020 Littering, Pollution and Smoking
The following statutes of the State of Washington are adopted
by reference, as presently constituted or hereinafter amended:
RCW 70.93.060 Littering prohibited – Penalties.
RCW 70.54.010 Polluting water supply – Penalty.
RCW 70.155.080 Purchasing, possessing, or obtaining
tobacco by persons under the age of
eighteen – Civil infraction – Courts of
jurisdiction.
RCW 70.160.020 Definitions.
RCW 70.160.030 Smoking in public places except designated
smoking areas prohibited.
RCW 70.160.040 Designation of smoking areas in public
places – Exceptions – Restaurant smoking
areas – Entire facility or area may be
designated as nonsmoking.
RCW 70.160.050 Owners, lessees to post signs prohibiting or
permitting smoking – Boundaries to be
clearly designated.
RCW 70.160.060 Intent of chapter as applied to certain
private workplaces.
RCW 70.160.070 Intentional violation of chapter – Removing,
defacing, or destroying required sign – Fine
–Notice of infraction – Exceptions –
Violations of RCW 70.160.040 or
70.160.050 – Subsequent violations – Fine
–Enforcement by fire officials.
(Ord. 1903 §1, 2000; Ord. 1363 §1 (part), 1985)
8.80.030 United States and State Flags – Related
Crimes
The following statutes of the State of Washington are adopted
by reference:
RCW 9.86.010 “Flag,” etc., defined.
RCW 9.86.020 Improper use of flag prohibited.
RCW 9.86.030 Desecration of flag.
RCW 9.86.040 Application of provisions.
(Ord. 1363 §1 (part), 1985)
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CHAPTER 8.90
CONSTRUCTION AND SEVERABILITY
Sections:
8.90.010 Construction
8.90.020 Severability
8.90.030 Amendments to State Statutes
8.90.010 Construction
In adopting the foregoing State statutes by reference, only
those crimes and offenses within the jurisdiction of a non-charter
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.
(Ord. 1363 §1 (part), 1985)
8.90.020 Severability
If any section, sentence, clause or phrase of this title should
be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of any other section, sentence, clause
or phrase of this title.
(Ord. 1363 §1 (part), 1985)
8.90.030 Amendments to State Statutes
The amendment of any State statute adopted by reference in
this title shall be deemed to amend the corresponding section of
this chapter, and it shall not be necessary for the City Council to
take any action with respect to such amendment.
(Ord. 1677 §1, 1993)
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CHAPTER 8.100
CUSTODIAL CARE STANDARDS FOR
DETENTION FACILITIES
Sections:
8.100.010 Physical Plant Standards
8.100.020 Emergency Suspension of Custodial Care
Standards
8.100.030 General Administration
8.100.040 Training
8.100.050 Records
8.100.060 Emergency Procedures
8.100.070 Use of Force
8.100.080 Admissions
8.100.090 Classification and Segregation
8.100.100 Release and Transfer
8.100.110 Staffing and Surveillance
8.100.120 Supervision And Surveillance – Security Devices
8.100.130 Critical Articles
8.100.140 Rules of Conduct
8.100.150 Written Procedures for Medical Services
8.100.160 Access to Health Care
8.100.170 Access to Facilities
8.100.180 Meals
8.100.010 Physical Plant Standards
Holding facilities shall be secure. Such facilities shall have
adequate lighting, heat, ventilation, and fire detection and
suppression equipment. Each holding facility cell shall be
equipped with a bench, toilet, lavatory and drinking water facilities.
A telephone shall be accessible.
(Ord. 1464 §1 (part), 1988)
8.100.020 Emergency Suspension Of Custodial Care
Standards
Nothing in these standards shall be construed to deny the
power of the Chief of Police or his designee to temporarily suspend
any standard herein prescribed in the event of an emergency
which threatens the safety or security of any jail, prisoners, staff or
the public.
(Ord. 1464 §1 (part), 1988)
8.100.030 General Administration
There shall be written policies and procedures which shall be
made available to each authorized person who is responsible for
the confinement of a prisoner in the facility.
(Ord. 1464 §1 (part), 1988)
8.100.040 Training
All authorized persons responsible for the confinement of a
prisoner shall receive an orientation to the policies and procedures
of the facility relative to their duties. On-the-job training shall be
provided as deemed appropriate by the Chief of Police or his
designee.
(Ord. 1464 §1 (part), 1988)
8.100.050 Records
If formal booking occurs in the facility, the information shall be
recorded on a booking form. Any medical problems experienced
by a prisoner while in the facility shall be recorded and such
records maintained. Information concerning medical problems
shall be transmitted at the time the prisoner is transported to
another jail, hospital, or other facility.
1.Prison population records shall be maintained by
keeping a jail register for each holding facility.
2.Written infraction and discipline records shall be
maintained for all incidents which result in major property damage
or bodily harm.
(Ord. 1464 §1 (part), 1988)
8.100.060 Emergency Procedures
The emergency plan shall outline the responsibilities of
department staff, evacuation procedures, and subsequent
disposition of the prisoners after removal from the area or facility.
All personnel should be trained in the emergency procedures.
(Ord. 1464 §1 (part), 1988)
8.100.070 Use of Force
The Chief of Police or his designee shall establish and
maintain written policies and procedures regarding the use of force
and the use of deadly force. Control may be achieved through
advice, warnings, and persuasion, or by the use of physical force
(lethal-nonlethal). While the use of physical force may be
necessary in situations which cannot be otherwise controlled,
force may not be resorted to unless other reasonable alternatives
have been exhausted or would clearly be ineffective under the
particular circumstances. Officers are permitted to use only the
minimum amount of force that is reasonable and necessary to
protect others or themselves from bodily harm and/or to effect an
arrest. Officers are to utilize progressive discretion in the use of
force, keeping in mind both ends of the spectrum, verbal
communication (advice, warning, persuasion, etc.) and lethal
force.
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1.Lethal force shall be utilized only after all other alternative
means have been expended and in concurrence with applicable
use of the specific weapon used; firearm, baton, neck holds, etc.
The law authorizes an officer to use lethal force when it appears
necessary to protect himself or others from what could be
reasonably considered as an immediate threat of great bodily
harm or imminent peril of death, or to prevent the escape of a
fleeing felony suspect when the officer has probable cause to
believe that the suspect has committed a dangerous felony as
described below:
a.Murder (any);
b. Manslaughter (first or second degree);
c.Rape or attempted rape (first or second degree);
d. Robbery (any);
e. Aggravated assault;
f.Attempted or actual bombing or arson which
creates or causes a potential threat to life;
g.Burglary (perpetrator armed or has assaulted any
person therein).
2.Neck holds must be considered potentially lethal as
documented in the King County medical examiner’s reports.
Because they are potentially lethal, they may be considered as an
alternative to the use of firearms when the use of firearms is
permitted by law.
3.A neck hold, as discussed in this policy, is a general
term for two different holds:
a.Carotid Restraint (sleeper) – The carotid restraint
is a method in which the suspect is approached from behind by
the officer. The officer places the interior part of his elbow under
the suspect’s chin against his windpipe, then brings pressure to
the suspect’s carotid arteries by pressure from the officer’s
forearm and biceps. This results in a lack of blood flow to the brain
and causes the suspect to lose consciousness.
b.Arm Bar Choke Hold – The arm bar choke hold
is a method of controlling the suspect by approaching him from
behind and then placing the officer’s forearm under the suspect’s
chin against his windpipe, bringing pressure against the windpipe
and causing the suspect to cease resistance due to the lack of air.
4. Neck holds shall be utilized as follows:
a.Neck holds may be used in self-defense or
defense of others whenever the force used or attempted to be
used against an officer or another is potentially lethal or creates a
substantial risk of serious bodily harm.
b.Neck holds will not be used by officers for routine
control of a person already in custody.
c.Whenever an officer uses a neck hold, he will
notify his on-duty supervisor who will direct that the person on
whom the hold was applied be examined by medical personnel.
5.Nonlethal force shall be used as the preferred
means in the progression of force used to effect an arrest and to
protect one’s safety and/or the safety of another.
6.Whenever an officer must employ an amount of
force capable of causing injury in the course of effecting an arrest,
overcoming resistance, or controlling a dangerous situation, the
officer will promptly submit a written report on the incident. This
same requirement applies if an incident in which force was used
results in actual injury.
(Ord. 1464 §1 (part), 1988)
8.100.080 Admissions
No prisoner shall be confined without proper legal authority.
1.Each prisoner, within a reasonable period of time
after completion of booking, shall be advised of his right to, and be
allowed to complete, at least two local or collect calls to persons
of his choice who may be able to come to his assistance. If the
prisoner chooses not to place the calls allowed, this information
shall be noted on the booking form; provided, that appropriate
protection of access to an attorney shall be maintained for
prisoners without funds.
2.Reasonable provisions for communication with non-
English speaking, handicapped and illiterate prisoners shall be
provided.
3.The booking process shall be completed promptly
unless extenuating circumstances necessitate delay.
4.Arrival at the holding facility shall progress as
follows:
a.All persons arrested and taken to be processed
at the Tukwila Police Department will enter the facility through the
sally port area.
b.Officers will park their vehicles as far forward and
to one side of the sally area as possible (to allow for other vehicles
to pass)
c.Weapons are prohibited in the holding area.
They are to be secured in the gun locker or the vehicle trunk prior
to removing the prisoner from the vehicle.
5. Registration shall be as follows:
a.All persons who are brought into the booking
area in the custody of the Tukwila Police And/or outside agencies
will be registered.
b.Officers, upon entering the booking room with
prisoner(s), are required to advise the clerk on duty of the subject’s
name. The clerk on duty will note the “Date In” and “Time In”
immediately upon the entry of a prisoner into the booking area,
along with other information as it is received.
c.All prisoners will be classified by the shift
supervisor or his designee based minimally on, but not limited to,
the following criteria:
(1)Age;
(2)Sex;
(3) Prior criminal record;
(4)Dependency problems, mental illness,
suicidal tendencies, or drug or alcohol abuse.
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d.Officers will be required to advise the clerk upon
taking a prisoner from the booking area, so that the appropriate
entry in the booking arrest log under “Date In” and “Time In” can
be made. The clerk must also be informed of the disposition of the
prisoner, i.e., to Renton jail, personal recognizance, posted bail,
turned over to the FBI, etc.
6.Search/Examination Guidelines – The Chief of
Police or his designee shall establish and maintain written policies
and procedures regarding pat searches, strip searches, and body
cavity searches, which shall be consistent with this section.
7.Frisks shall be conducted as follows:
a.All persons arrested for a gross misdemeanor or
a more serious offense should be frisked at the scene of the arrest.
b.Whenever possible, frisks should be conducted
by persons of the same sex as the arrested person.
c.Nothing in this section is intended to preclude
officers from conducting frisks that are authorized/consistent with
officer safety and current law.
8. Strip searches shall be conducted as follows:
a.No strip search shall be conducted except
pursuant to the written policies and procedures required by this
section.
b.No strip search shall be conducted prior to the
prisoner’s first court appearance unless there is reasonable
suspicion that the person has on his or her person evidence of a
crime, contraband, fruits of the crime, things otherwise criminally
possessed, a weapon, or other things by means of which a crime
has been or reasonably appears about to be committed.
c.Reasonable suspicion shall be deemed to be
present when a prisoner has been arrested for:
(1)A violent offense as defined in RCW
9.94A.030(17) or any successor statute;
(2)An offense involving escape, burglary, or
use of a deadly weapon;
(3)An offense involving possession of a drug
or controlled substance under RCW Chapter 69.50 or any
successor statute.
d.No strip search shall be authorized or conducted
in these cases unless a thorough pat-down search (frisk), a
thorough electronic metal-detector search, and a thorough
clothing search, where appropriate, do not satisfy the safety,
security or evidentiary concerns of the jail.
e.A written record or records of any strip search
shall be maintained in the individual file of each person strip
searched, which record(s) shall contain the following information:
(1)The name and serial number of the officer
conducting the strip search and all others present or observing any
part of the strip search;
(2)The time, date and place of the strip
search;
(3)Any weapons, criminal evidence, other
contraband or health conditions discovered as a result of the strip
search.
f.Except where reasonable suspicion is deemed
present because of the nature of the arrest offense, this report or
these reports shall also contain:
(1)The name of the supervisor authorizing
the strip search;
(2)The specific facts constituting reasonable
suspicion to believe that the strip search was necessary.
9.Body cavity searches shall be conducted as follows:
a.No body cavity search shall be conducted except
pursuant to a valid search warrant. No search warrant for a body
cavity search shall be sought without prior authorization of the
ranking shift supervisor, pursuant to the written policies and
procedures required by the definition of search in this section.
Before any body cavity search is authorized or conducted, a
thorough pat-down search, a thorough electronic metal-detector
search and a thorough clothing search, where appropriate, must
be used to search for and seize any evidence of a crime,
contraband, fruits of a crime, things by means of which a crime
has been committed or reasonably appears about to be
committed. No body cavity search shall be authorized or
conducted unless these other methods do not satisfy the safety,
security, or evidentiary concerns of the law enforcement agency.
b.The following additional provisions shall apply to
body cavity searches:
(1)A body cavity search shall be conducted
under sanitary conditions and conducted by a physician,
registered nurse, or registered physician’s assistant, licensed to
practice in this state, who is trained in the proper medical process
and the potential health problems associated with a body cavity
search.
(2)When a body cavity search is conducted
by a licensed medical professional of the opposite sex, an
observer of the same sex as the prisoner shall be present.
(3)Nothing in this section prohibits a person
upon whom a body cavity search is to be performed from having
a readily available person of his or her own choosing present at
the time the search is conducted. However, the person chosen
shall not be a person held in custody by a law enforcement
agency.
c.The officer requesting the body cavity search
shall prepare and sign a report, which shall include:
(1)A copy of the warrant and any supporting
documents required;
(2)The name and sex of all persons
conducting or observing the search;
(3)The time, date, place, and description of
the search;
(4)A statement of the results of the search
and list of any items removed from the person as a result of the
search.
d.All physical markings and health tags
identification should be recorded and made available to the
appropriate jail employees and medical professionals responsible
for care of the prisoner.
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10.The following provisions shall apply to all strip
searches and body cavity searches:
a.Strip searches and body cavity searches shall be
conducted in a professional manner which protects the prisoner’s
dignity to the extent possible.
b.A strip search or body cavity search, as well as
pre-search undressing or post-search dressing shall occur at a
location made private from the observation of persons not
physically conducting the search. A strip search or body cavity
search shall be performed or observed only by persons of the
same sex as the person being searched, except for licensed
medical professionals when necessary to assure the safety of the
prisoner or any person conducting the search.
c.No person may be present or observe during a
strip search or body cavity search unless the person is necessary
to conduct the search or to ensure the safety of those persons
conducting the search.
d.When a strip search or body cavity search of a
prisoner is conducted, it should include a thorough visual check
for birthmarks, wounds, sores, cuts, bruises, scars and injuries,
health tags, and body vermin. Less complete searches should
include the same checks to the extent possible.
e.Persons conducting a strip search or body cavity
search shall not touch the person being searched except as
reasonably necessary to effectuate the search of the person.
11.Immediately upon entering the booking area all
prisoners will be thoroughly searched and all property will be taken
from them and placed into a property box. During the booking
process, an inventory will be made of that property, and the
property box number will be noted on the booking form.
12.Prisoners suspected of having a communicable
disease detrimental to the health of the other prisoners shall be
segregated.
13.At the time of booking, if the prisoner’s personal
property is taken from him, the booking officer shall record and
store such items.
(Ord. 1464 §1 (part), 1988)
8.100.090 Classification and Segregation
A.If the following prisoner separations cannot be
accomplished during their detention in the holding facility,
arrangements shall be made to expedite booking and transfer the
prisoner(s) to the King County jail or the Renton jail for segregation
and supervision.
1.Sex – Male and female prisoners will not be confined
in the same cell or other area where they are within visual or
physical contact, except under continual supervision of an officer.
2. Age – Juveniles will not be confined to any area
within sight or sound of adult prisoners.
a.For purposes of this procedure, a juvenile is a
person under the chronological age of 18 who has not been
remanded to superior court jurisdiction.
b.Under no circumstance will prisoners under the
chronological age of 18 be confined in the holding cell at the same
time it is occupied by adult prisoners.
3.Prisoners who are a danger to their own health and
safety and/or to the health and safety of other prisoners and
Tukwila Police Department employees shall be closely
supervised, booked expeditiously, and transported to the King
County jail or other appropriate facility. Prisoners with special
problems will not be confined with other prisoners.
B.No prisoner will be held in the Tukwila Police Department
holding facility for more than six hours after the completion of the
booking process. All deviations from this procedure will require a
three-part memo from the shift supervisor to the Chief of Police via
the chain of command. If the prisoner is to be held to the maximum
time, the arresting officer will check, or will have a designee check
the prisoner every hour on the hour, until the prisoner is released.
C.Prisoners outside the booking area shall be handled as
follows:
1.Persons arrested subsequent to coming to the
Police Department will be handled in the confines of the holding
area unless there are substantial reasons why the task can be
more appropriately accomplished in the office area. If a prisoner
is outside the holding area, he/she will be constantly under the
supervision of either sworn personnel or a civilian employee (if
appropriate).
2.No arrested person will be allowed into the office
area until a thorough search for weapons has been conducted.
3.Prisoners being transported to the Tukwila Municipal
Court from holding cells and returning shall be taken through the
sally port and up the back stairs.
4.Prisoners being released on bail shall be released
through the sally port after bail has been posted.
D.In the event of a holding cell emergency, the arresting
officer will have primary responsibility for the prisoner’s safety.
Since the special services division of the Police Department has
been equipped in such a manner as to have the ability of visual
and/or audio monitoring of the secure garage, booking room, and
cell areas, they will assist in maintaining the safety of all arresting
officers and arrested persons following the prescribed procedure
stated herein.
E.Escape procedures as are follows:
1.If an escape occurs it shall be the responsibility of
the clerk on duty to initiate action. When the clerk is first alerted
to the fact that an escape is in progress, the clerk will:
a.Immediately notify any and all Police personnel
within the confines of the Tukwila Police Department that an
escape is in progress. This notification will be accomplished by
using the emergency-call button on the intercom system;
b.Notify Valley Communications that all Police
personnel that are performing routine patrol duties are needed at
the station because an escape is in progress. This notification will
be made by using the red direct line telephone provided;
c.Continue to monitor all security equipment, audio
and visual, and keep all personnel advised of the movements and
acts being committed by the escapee(s);
d.Assure that the door to the communications room
is securely closed and locked;
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e.Under no circumstances open any electronically-
operated doors under their control unless directed to do so by the
highest ranking supervisor on duty.
2.When the supervisor on duty is first alerted to the
fact that an escape is in progress, the supervisor will:
a.Acquire all pertinent information from the clerk
and shall direct the response and deployment of all responding
and available Police personnel;
b.Direct the method of operation to be used to
assure the fastest and safest apprehension of the escapee(s);
c.Ensure that all Police personnel involved are
made aware of the exact charges the escapee(s) are being held
on;
d.Ensure that all surrounding police jurisdictions
are furnished with any and all pertinent information to apprehend
the escapee, should the escapee be successful in gaining freedom
from the building and go undetected in perimeter searches of the
immediate area. This will be accomplished by providing Valley
Communications with the information via land line, if possible;
e.Ensure that the Chief of Police is advised of the
situation at the earliest possible convenience;
f.Ensure that complete written reports are
prepared on the escape and forwarded to the Chief of Police.
F.When it comes to the attention of any member or
employee of this Department that an assault is about to occur, or
is occurring, it shall be the responsibility of that person to initiate
the appropriate action to prevent such assault from commencing
or continuing and immediately notify the supervisor on duty. If an
assault has already occurred, the member or employee of the
Department discovering such assault shall take the appropriate
action to initiate a complete investigation of the matter. If it
becomes apparent through the course of investigation that
criminal charges can be filed against one or more of the individuals
involved in the assault, then the investigator will seek to file such
charges.
G.When it comes to the attention of any member of this
Department that a prisoner has received an injury, the supervisor
and clerk on duty will immediately be notified. The clerk will then
immediately summon aid personnel through Valley
Communications. The supervisor will evaluate the situation and if
required will assure the prisoner is transported to the nearest
available hospital for doctor’s care. The supervisor will also
conduct a complete investigation into the matter of how the
prisoner was injured and will reduce the facts obtained to written
form and submit the report to the Chief of Police by the start of the
following work day. If the prisoner has received a serious injury,
the Chief shall be notified immediately.
H.When it comes to the attention of any member of this
Department that a prisoner may have committed suicide, he or she
shall immediately notify the supervisor on duty and personnel of
the Tukwila Fire Department. The employee will not take any other
action on this emergency other than checking the prisoner to
ascertain whether he may still be alive. In checking the prisoner,
the employee shall exercise extreme caution so as not to disturb
any evidence at the scene. The supervisor receiving notification
of a suicide will immediately notify the Chief of Police, and the
Chief of Police will direct the further course of action to be taken.
In the case of an attempted suicide, the procedures listed in TMC
8.100.090G will be followed.
I.When it comes to the attention of any member of this
Department that a fire has started within the confines of the Police
Department, they shall immediately notify the clerk and supervisor
on duty. The clerk shall immediately notify Valley
Communications personnel to dispatch fire personnel to this
location. In the event a prisoner is being housed in the holding
facility at the time the fire occurs, it shall be the responsibility of
the supervisor and/or clerk or other personnel within the building
to immediately take the prisoner from his cell and remove him from
the building. In the event the fire has disabled the electrically
operated doors within the booking and holding facility, the person
who is removing the prisoner will get the keys from the clerk or
supervisor which manually unlock these doors. The prisoner’s
safety is paramount to his incarceration.
J.Response to crimes involving juveniles will not differ from
that for adult crimes. Officers may use any reasonable means to
protect themselves when a juvenile is a threat to personal or public
safety.
K.Officers will take necessary action to protect the welfare
of status offenders (runaways, neglected or dependent juveniles)
in accordance with appropriate laws and procedures. Referrals to
parents or social service agencies will be made as appropriate.
L.When juvenile criminal offenders are taken into custody,
they will be treated in the same manner as adults with the following
exceptions:
1.Segregation will be maintained from adult offenders
as outlined in TMC 8.100.090A.2.
2.Juveniles will not be cited (other than traffic).
Completed reports will be filed with the King County juvenile court.
3. Juveniles will be released to a parent or responsible
adult unless they are a danger to themselves or others.
4.The King County youth service center will be the
place of confinement for those offenders who must be detained.
5.Only those juveniles arrested for a felony or gross
misdemeanor are to be photographed and fingerprinted as part of
the processing incident to arrest.
(Ord. 1464 §1 (part), 1988)
8.100.100 Release and Transfer
The releasing officer shall determine prisoner identity and
ascertain that there is legal authority for the release. Information
required on the release forms shall be recorded for each prisoner
released from the facility. All prisoners being released shall sign
a receipt for personal property returned.
(Ord. 1464 §1 (part), 1988)
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8.100.110 Staffing and Surveillance
There shall be continual sight and/or sound surveillance of all
prisoners. Such surveillance may be by remote means, provided
there is the ability of staff to respond face-to-face to any prisoner
within a reasonable time.
(Ord. 1464 §1(part), 1988)
8.100.120 Supervision and Surveillance – Security
Devices
Security devices shall be maintained in proper working
condition at all times.
(Ord. 1464 §1 (part), 1988)
8.100.130 Critical Articles
All holding facilities shall establish written procedures to
insure that weapons shall be inaccessible to prisoners at all times.
1.Weapons are prohibited in the holding area. They
are to be secured in the gun locker or the vehicle trunk prior to
removing the prisoner from the vehicle.
2. There shall be two sets of keys for the holding area:
a.One set will be in the key control cabinet in the
clerical division. This will be the regularly used set of keys;
b. One set will be under the control of the detective
sergeant.
(Ord. 1464 §1 (part), 1988)
8.100.140 Rules of Conduct
Prisoners shall be informed of facility rules and regulations, if
they are established.
(Ord. 1464 §1 (part), 1988)
8.100.150 Written Procedures for Medical Services
Medical services shall be provided only by licensed or
certified health care providers.
(Ord. 1464 §1 (part), 1988)
8.100.160 Access to Health Care
Prisoner complaints of injury or illness, or staff observations
of such shall be acted upon by staff as soon as reasonably
possible. Prisoners shall be provided with medical diagnosis or
treatment as necessary.
1.Standard first-aid kits shall be conveniently available
to all jails.
2.A record of the date, time, place and name of the
health care provider shall be retained on file at the jail if any health
care services are provided to prisoners.
(Ord. 1464 §1 (part), 1988)
8.100.170 Access to Facilities
Each prisoner shall have access to toilet, sink, drinking water,
and adequate heat and ventilation.
1.Prisoners shall be issued a clean blanket, when
appropriate. The blanket shall be washed at frequent intervals to
maintain a clean condition, and always before reissue.
2.All jails shall be kept in a clean and sanitary
condition, free from any accumulation of dirt, filth, rubbish,
garbage, and other matter detrimental to health.
3.The Chief of Police shall establish and post rules
which specify regular telephone usage times and the maximum
length of calls (not to be less than five minutes).
Long distance calls shall be at the prisoner’s expense or
collect; provided, that appropriate protection of access to an
attorney shall be maintained for prisoners without funds.
4.The Chief of Police or his designee should allow
confidential visits from business, educational and law enforcement
professionals. (Ord. 1464 §1 (part), 1988)
8.100.180 Meals
Jail meals shall be nutritious and provide for appropriate
caloric intake. (Ord. 1464 §1 (part), 1988)