HomeMy WebLinkAbout02-10-20 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Jesica Stickles
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Interlocal Agreement with Snohomish County for Embedded ATTACHMENT A
Social Worker Program
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Jesica Stickles
2. Interlocal Agreement with Snohomish County for Court Services ATTACHMENT B
Staff Presentation: Chief Ventura
Council Liaison: Councilmember Marilyn Oertle
3.Ordinance to Update Arlington Municipal Code ATTACHMENT C
Staff Presentation: Chief Ventura
Council Liaison: Councilmember Marilyn Oertle
4. Second Amendment to Interlocal Agreement Concerning Grant
from the Office of Public Defender ATTACHMENT D
Staff Presentation: Chief Ventura
Council Liaison: Councilmember Jesica Stickles
5.Award to Apparent Low Bidder for Sewer Lift Station #15 ATTACHMENT E
Installation Project
Staff Presentation: Jim Kelly
Council Liaison: Councilmember Debora Nelson
Arlington City Council Workshop
Monday, February 10, 2020 at 7:00 pm
City Council Chambers – 110 E Third Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
6. Design of 40th/172nd Intersection Signal Project by Perteet Engineers ATTACHMENT F
Staff Presentation: Jim Kelly
Council Liaison: Councilmember Jan Schuette
7. December 2019 Financial Report ATTACHMENT G
Staff Presentation: Kristin Garcia
8. Miscellaneous council items
ADMINISTRATOR & STAFF REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
COUNCILMEMBER REPORTS
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
City of Arlington Council Agenda Bill Item: WS #1 Attachment A
stsocial worker with Arlington. This agreement also provides for back fill during employee leave and
police response to those people with social service needs within and/or directly impacting the City
City of Arlington Council Agenda Bill Item: #2 Attachment B
Police Department has been backlogging arrest warrants. This has ultimately resulted in the ineffectual administration of criminal justice. Without the ability to have full access to the Marysville Jail, the City of Arlington will be better served by conducting court business within our own city.
Interlocal Agreement for District Court Services Page 1 of 5
INTERLOCAL AGREEMENT FOR DISTRICT COURT SERVICES
THIS AGREEMENT is entered into by and between SNOHOMISH COUNTY, a political
subdivision of the State of Washington (hereinafter referred to as the COUNTY) and CITY of
ARLINGTON (hereinafter referred to as the CITY), a municipal corporation of the State of
Washington.
WHEREAS, the COUNTY presently operates a district court with four divisions in Snohomish
County pursuant to the Justice Courts and Other Inferior Courts Act of 1961 and Chapters 3.30
through 3.38 RCW, and
WHEREAS, the CITY desires to use this District Court for prosecution of crimes and civil
infractions committed within its jurisdiction, and
WHEREAS, RCW 3.62.070 authorizes the COUNTY and the CITY to enter into an agreement
establishing the filing fee to be paid by the CITY to the COUNTY in criminal cases and civil
infraction cases filed by the CITY in the COUNTY’s District Court, in an amount agreed to
between the parties pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. Civil
infractions are to be distinguished from other civil cases.
NOW, THEREFORE, the CITY and the COUNTY mutually agree as follows:
Section 1. General.
1.1 Purpose. The explicit purpose of this Interlocal Agreement is to establish filing fees to be
paid by the CITY to the COUNTY for the filing of both criminal and civil infraction cases by the
CITY in the COUNTY’s District Court either under city ordinances or state law.
1.2 Costs Excluded from Agreement. The sum designated as the “filing fee” in criminal
violation and civil infraction cases does not encompass and is not intended to encompass any
costs and/or fees incurred in pre-trial or post-conviction court monitored probation programs,
attendance of witnesses, interpreters, indigent defense or of impaneled jurors to hear the cases(s).
All such costs/fees shall be billed to, and paid by the CITY as separate and apart from the sum
designated in the “filing fees”.
Interlocal Agreement for District Court Services Page 2 of 5
Further, in criminal actions, the cost of providing services necessary for prosecution or for the
preparation and presentation of a defense at public expense are paid as a separate charge apart
from the sum designated as the filing fee.
1.3 Modification. The terms of this agreement shall not be altered or modified unless agreed
to in writing by the COUNTY and the CITY and such writing shall be executed with the same
formalities as are required for the execution of this document.
1.4 Governing Law and Venue. This agreement shall be governed by the laws of the State of
Washington and any lawsuit regarding this interlocal agreement must be brought in Snohomish
County, Washington.
1.5 Waiver. The failure of either party to insist upon strict performance of any of the
covenants and agreements of this Interlocal Agreement shall not be construed to be a waiver or
relinquishment of same, but the same shall be and remain in full force and effect.
1.6 Entire Agreement. This Interlocal Agreement documents and constitutes the entire
agreement between the CITY and the COUNTY.
Section 2. Filing Fees.
2.1 Fee Schedule. The undersigned CITY agrees to pay, and the COUNTY agrees to accept,
a filing fee for each case according to the schedules set forth in subsections (a) and (b) below,
except as provided in Section 2.2 herein, for all cases of the described nature actually filed with
the District Court by the CITY.
a) Infractions
(i) Effective January 1, 2020 $42.32
(ii) Effective January 1, 2020 and on January 1 of each successive year, the filing
fee for civil infractions will be the prior year’s fee increased by the amount of the
increase in the B.L.S. Consumer Price Index (Urban Wage Earners) for the Seattle-
Tacoma-Bremerton area for the period from June of the previous calendar year to June of
the calendar year just concluded or the cost of living adjustment granted to the
Washington State Council of County and City Employees, AFSCME, District Court Unit
(Local 1811 – CA) for the next year, whichever is lower. However, the percent increase
in the fee shall in no event exceed 3.5% per year.
In the event the AFSCME contract is not executed prior to December 1 of the calendar
year just concluded, the filing fee for the next calendar year will be increased by the
amount of the increase in the B.L.S. Consumer Price Index (Urban Wage Earners) for the
Seattle-Tacoma-Bremerton area for the period from June of the previous calendar year to
June of the calendar year just concluded, not to exceed 3.5% per year.
Interlocal Agreement for District Court Services Page 3 of 5
b) Misdemeanors
(i) Effective January 1, 2020 $122.63
(ii) Effective January 1, 2021 and on January 1 of each successive year thereafter,
the filing fee for criminal misdemeanors will be the prior year’s fee increased by a cost of
living adjustment (COLA), calculated as described in subsection (iii).
(iii) The COLA adjustment applied in the rate calculation described in
subsections (ii) shall be the amount of the increase in the B.L.S. Consumer Price Index
(Urban Wage Earners) for the Seattle-Tacoma-Bremerton area for the period from June
of the previous calendar year to June of the calendar year just concluded or the cost of
living adjustment granted to the Washington State Council of County and City
Employees, AFSCME, District Court Unit (Local 1811 – CA) for the next year,
whichever is lower. However, the COLA adjustment shall in no event exceed 3.5% per
year.
In the event the AFSCME contract is not executed prior to December 1 of the calendar
year just concluded, the COLA adjustment will be the amount of the increase in the
B.L.S. Consumer Price Index (Urban Wage Earners) for the Seattle-Tacoma-Bremerton
area for the period from June of the previous calendar year to June of the calendar year
just concluded, not to exceed 3.5% per year.
2.2 Amendments to Fee Schedule. At the conclusion of 2020, and at the conclusion of every
three years thereafter, the COUNTY shall conduct an analysis of the actual cost of processing
CITY filings in the District Court. If the analysis shows that the COUNTY’s cost per filing
exceeds or is less than the fee schedule established in Section 2.1 and Section 2.2, the COUNTY
or the CITY may request an amendment to the filing fee schedule by written notice to the other
party as provided in Section 1.3, Section 4.1, and Section 4.2. If agreement on a revised filing fee
schedule has not been reached at least 120 days prior to the end of a contract year, either party
may invoke binding arbitration on the fee schedule by delivering written notice to the other party
as authorized by RCW 3.62.070, as enacted or hereafter amended.
2.3 Exceptions. This Interlocal Agreement shall not apply in the following situations:
a) Cases in which bail is forfeited to a violations bureau;
b) Cases filed in municipal departments established pursuant to Chapter 3.46 RCW;
c) Cases of a CITY which has contracted with another city for municipal court
services pursuant to Chapter 39.34 RCW.
2.4 Collection. The COUNTY shall receive and account for all fines, forfeitures, and costs
imposed in cases filed in District Court and shall forward them to the CITY on a monthly basis
for municipal filings only, PROVIDED THAT, the costs are awarded by the Court and recovered
Interlocal Agreement for District Court Services Page 4 of 5
from the defendant. The implementation of this section’s shall only be applicable for cases filed
after the execution of this agreement.
2.5 Billing. The CITY will be billed monthly for the number of cases it filed in District
Court for that month multiplied by the applicable filing fee. The CITY will also be billed for the
fees/costs for pre-trial or post-conviction court monitored probation programs, witnesses,
interpreter attendance, and/or impaneled jurors.
2.6 Payment. The CITY shall make payment to the COUNTY for costs billed under Section
2.5 herein no more than thirty (30) days following issuance of the billing.
Section 3. Duration. This agreement shall be in effect from January 1, 2020. The terms of
this agreement shall extend to December 31, 2020, and shall automatically renew from year to
year thereafter unless terminated pursuant to Section 5.1, PROVIDED that the COUNTY’s
obligations after December 31, 2020, are contingent upon local legislative appropriation of
necessary funds in accordance with applicable laws and the Snohomish County Charter.
Section 4. Notice.
4.1 All notices required by this agreement to be given to the COUNTY shall be made in
writing and personally delivered or sent by registered mail to the Executive of the COUNTY.
4.2 All notices required by this agreement to be given to the CITY shall be made in writing
and personally delivered or sent by registered mail to the City Manager of the CITY.
Section 5. Termination.
5.1 Termination of this agreement shall be made in compliance with RCW 3.50.810, as
enacted or hereafter amended, and section 4 of this agreement.
5.2 Parties can waive section 5.1 by written agreement of the parties and proper notice
according to section 4 of this agreement.
Section 6. Severability. If any provision of this agreement is found invalid or contrary to
law, the remainder of this agreement shall not be affected thereby.
IN WITNESS THEREOF, the COUNTY and the CITY have executed this Interlocal Agreement
on the ___ day of _____________, 20 ____.
“COUNTY” “CITY”
Interlocal Agreement for District Court Services Page 5 of 5
SNOHOMISH COUNTY CITY OF _____________________
______________________________ ______________________________
DAVE SOMERS Date Date
COUNTY EXECUTIVE MAYOR
ATTEST: ATTEST:
______________________________ ______________________________
Date Date
APPROVED AS TO FORM ONLY:
________________________________________
DEPUTY PROSECUTING ATTORNEY Date
City of Arlington Council Agenda Bill Item: #3 Attachment C
Morals, and Safety), and Title 10 (Vehicles and Traffic), Title 8 (Animals), and Title 11.01.110 to ensure any traffic revisions in Title 10 don't conflict. These are generally criminal justice related AMC's enforced by the PD that have become outdated/invalidated in part to changes/updates to WAC's/RCW's, recent court decisions (case law), and/or failure to properly incorporate and reference WAC's/RCW's.
• Title 6 - HEALTH AND SANITATION
• Chapter 6.08 - UNIFORM LITTER CONTROL CODE
Sections:
• 6.08.010 - Short title.
This chapter shall be known and may be commonly referred to as the "Uniform Litter Control
Code."
(Ord. 667 §1, 1975).
• 6.08.020 - Purpose.
The purpose of this chapter is to accomplish litter control in the city. This chapter is intended
to place upon all persons within the city, the duty of contributing to the public cleanliness of the city
and appearance in order to promote the public health, safety and welfare and to protect the
economic interests of the people of the city against unsanitary and unsightly conditions. It is further
the intent of this chapter to protect the people against the health and safety menace and the
expense incident to littering.
(Ord. 667 §15, 1975).
• 6.08.030 - Definitions.
As used in this chapter unless the context clearly indicates otherwise, the following terms
have the following meanings. All words used in the present tense include the future and past
tense; all words in the plural number include the singular number, and all words in the singular
number include the plural number. The word "shall" is mandatory and not merely directory.
(1)
"City" means the city of Arlington, Washington.
(2)
"Handbill" is any printed or written matter excluding newspapers; which advertises for sale any
commodity, or thing, or which directs attention to any business or other activity, or event of any
kind.
(3)
"Highway" for the purpose of this chapter is synonymous with and includes street, road and alley.
(4)
"Litter" means all solid wastes including but not limited to containers, packages, wrappings, printed
matter or other material thrown or deposited as herein prohibited, but not including the wastes of
the primary processes of mining, logging, sawmilling, farming or manufacturing.
(5)
"Litter receptacle" means those containers meeting minimum requirements of state regulations.
(6)
"Newspaper" is any newspaper of general circulation as defined by general law.
(7)
"Park" is a park, reservation, playground, beach, recreation center or any other area in the city,
devoted to active or passive outdoor recreation.
(8)
"Person" is any individual, industry, public or private corporation, copartnership, association, firm,
or other entity, whatsoever.
(9)
"Private property" means any property not publicly owned or held out for use by the public.
(10)
"Public place" means any area that is used or held out for use by the public whether owned or
operated by public or private interests.
(11)
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including
garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned
vehicles or parts thereof, and discarded commodities.
(12)
"State regulations" means the regulations duly promulgated and adopted by the State pursuant to
RCW Chapter 34.05 and codified or prepared for codification as part of the Washington
Administrative Code.
(13)
"Vehicle" includes every device capable of being moved upon a public street and in, upon, or by
which any person or property is or may be transported or drawn upon a public street, excepting
devices moved by human or animal power or used exclusively upon stationary rail or tracks.
(14)
"Watercraft" means any boat, ship, vessel, barge, or other floating craft.
(15)
"Junked vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of the
following:
(a)
Is three years old or older;
(b)
Is extensively damaged, such damage may include but is not limited to the following: broken
window, broken windshield, missing wheels or tires, missing motor or transmission;
(c)
Is apparently inoperable;
(d)
Has an approximate value equal only to the approximate value of the scrap in it.
(Ord. 667 §2, 1975).
(Ord. No. 1481, § 1, 12-7-2009)
• 6.08.046 – Adoption of state statutes—Generally
The following state statues, including all future amendments, additions or deletions are
adopted by reference:
(a) RCW 70.93.059 – Littering prohibited—Penalties—Litter cleanup restitution
payment.
(b) RCW 70.93.110 – Removal of litter—Responsibilty.
(c) RCW 70.54.010 – Polluting water supply—Penalty.
*** (a) and (c) are already adopted in AMC 9.52.020 but it makes sense to also
adopted specifically in the littering code.***
• 6.08.040 - Disposal restrictions.
(a)
No person, shall throw, drop, deposit, discard or otherwise dispose of litter upon any public place
in the city or upon any private property not owned by him, or in any waters within the jurisdiction of
the city whether from a vehicle or otherwise except:
(1)
When such property is designated by the state or by any of its agencies or the city for disposal of
garbage and refuse, and such person is authorized by the proper public authority to so use such
property; or
(2)
Into a litter receptacle or other container in such manner that the litter will be prevented from being
carried away or deposited by the elements upon any part of said public place or any private
property; or
(3)
When such person is the owner or does have control or custody of the property, or has prior
consent of the owner or tenant in lawful possession of such property, or unless the act is done
under the personal direction of the owner or tenant and provided the litter will not cause a public
nuisance or be in violation of any other state or local laws, rules or regulations.
(b)
It is a violation of this section to abandon a junk vehicle upon any property.
(c)
Penalty. Any person violating the provisions of this section is guilty of a misdemeanor and in
addition to or in lieu of any other penalty, such person, may, in the sound discretion of the court,
be directed, by the court to pick up and remove from any public place or any private property, with
permission of the owner, or the person in possession of the property, upon which it is established
that such person has deposited litter, any and all litter deposited thereon by anyone prior to the
date of the execution of sentence.
(Ord. 667 §3, 1975).
(Ord. No. 1481, § 2, 12-7-2009)
• 6.08.050 - Receptacles—Where placed—Responsibility for placement.
(a)
Litter receptacles shall be placed in all parks, trailer parks in respect to the service of transient
habitation, gasoline service stations, tavern parking lots, shopping centers, grocery store parking
lots, marinas, boat launching areas, beaches, bathing areas and other such public places in
numbers appropriate to need as specified by state regulation.
(b)
It shall be the responsibility of any person owning or operating any establishment or public place in
which litter receptacles are required by this section to procure and place and maintain such litter
receptacles at their own expense on the premises in accord with such state regulations.
(Ord. 667 §4, 1975).
• 6.08.060 - Receptacles—Use restricted.
Litter receptacles placed on sidewalks and other public places shall be used only for such
litter material as persons may have for disposal while passing along the street or other public
places and in no event shall be used for the disposal of other solid waste accumulated in
residences or places of business.
(Ord. 667 §5, 1975).
• 6.08.070 - Receptacles—Damaging unlawful.
It is unlawful for any person to wilfully damage or deface any litter receptacle.
(Ord. 667 §6, 1975).
• 6.08.080 - Receptacles—Responsibility for litter removal.
It shall be the responsibility of the local municipality, other agency or person owning or
maintaining the same for the removal of litter from litter receptacles placed in parks, beaches,
campgrounds, and other public places. *** RCW 70.93.110 covers this and is a suggested
adoption by reference.
(Ord. 667 §7, 1975).
• 6.08.100 - Sweeping litter into gutter prohibited.
No person shall sweep into or deposit in any gutter, street, alley or other public place the
accumulation of litter from any building, lot, or from any public or private sidewalk or driveway.
Persons owning or occupying property shall keep the sidewalks in front of their premises free of
litter.
(Ord. 667 §9, 1975).
• 6.08.110 - Handbills—Throwing or distributing in public places.
No person shall throw or deposit any handbill upon any public place within the city; provided,
however, that it is not unlawful for any person to hand out, without charge to the receiver thereof,
any handbill to any person who is willing to accept it.
(Ord. 667 §10, 1975).
(Ord. No. 1481, § 4, 12-7-2009)
• 6.08.120 - Handbills—Depositing on uninhabited or vacant property.
(a)
No person shall throw or deposit any handbill in or upon any uninhabited or vacant private
property.
(b)
Exemption for Mail and Newspapers. The provisions of this section shall not apply to the
distribution of mail by the United States nor to newspapers (as defined herein) except that
newspapers shall be placed on private residences or other private property in such a manner as to
prevent their being carried or deposited by the elements upon any public place or upon private
property.
(Ord. 667 §11, 1975).
• 6.08.130 - Litter thrown by persons in vehicles.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter
upon any public place or upon any private property.
(Ord. 667 §12, 1975).
• 6.08.140 - Vehicle loads dropping on street.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 46.61.655 – Dropping load, other materials—Covering.
(a)
No vehicle shall be driven or moved on any public street unless such vehicle is so constructed or
loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping
therefrom, except that sand or gravel may be dropped for the purpose of securing traction, or
water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of
such roadway by public authority having jurisdiction for the same or by persons under contract or
other authorization by such public authority.
(b)
Any person owning or operating a vehicle from which any object of its load has fallen or escaped,
which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such
public street shall immediately cause such public street to be cleaned of all such objects and
shall pay any cost therefor.
(Ord. 667 §13, 1975).
(Ord. No. 1481, § 5, 12-7-2009)
• 6.08.150 - Enforcement officers and procedures.
Enforcement of this chapter may be by any police officer. All such enforcement officers are
empowered to issue citations to and/or arrest without warrant, persons violating the provisions of
this chapter. Said enforcement officers may serve and execute all warrants, citations, and other
process issued by the courts. In addition, mailing by registered mail of such warrant, citation, or
other process to the last known place of residence of the offender shall be deemed as personal
service upon the person charged.
(Ord. 667 §14, 1975).
• 6.08.160 - Interpretation.
In the event any other city ordinance, whether or not codified, is in conflict with any of the
terms of this chapter, the more stringent shall be construed as applicable.
(Ord. 667 §17, 1975).
• 6.08.170 - Penalty for violation.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and
shall be punished by a sentence of not more than ninety days in the county jail or a fine of not
more than two hundred fifty dollars or both.
Unless otherwise provided, a person convicted of violating the provisions of this chapter will
be guilty of a misdemeanor and will be punished by a fine not to exceed one thousand dollars or
by imprisonment in jail for a term not to exceed ninety days, or both such fine and imprisonment.
(Ord. 667 §18, 1975).
• Title 8 - ANIMALS[1]
• Chapter 8.05 - ADMINISTRATION, ENFORCEMENT AND
DEFINITIONS
• 8.05.010 - Administration and enforcement.
(a)
Administration and enforcement of the provisions of this title shall be the responsibility of the chief
of the Arlington police department or any individual under the direct supervision and control of the
chief of the Arlington police department, or any person employed, contracted with, or appointed by
the chief of the Arlington police department as the animal control authority, for the purpose of
aiding in the enforcement of this chapter and the laws of the state of Washington as they pertain to
animal cruelty, shelter, welfare and control. Any individual employed, contracted with, or appointed
by the chief of the Arlington police department, as the animal control authority, shall make periodic
written reports of the work and services provided, as directed by the chief of police.
(b)
Entry Onto Private Property. Any police officer, or any person employed, contracted with, or
appointed by the chief of the Arlington police department as the animal control authority, is
authorized to enter upon public or private property, except any private residence, for the purpose
of enforcing this chapter. Entry into a building designated for and used for private purposes without
the consent of the owner or occupant may be accomplished only by a police officer and only upon
the issuance of a proper search or arrest warrant by a court of competent jurisdiction showing that
the officer has reasonable cause to believe an animal is being maintained in the building in
violation of this title.
(Ord. 1371 §1(part), 2005).
• 8.05.020 - Purpose—Immunity.
(a)
The purpose of this title is to protect the health, safety and welfare of the residents and citizens of
the city, to delineate the responsibilities of animal owners and keepers, to provide for control and
protection of dogs and other animals therein, and to the greatest degree practicable to prevent
injury to humans, animals, and property by securing and enforcing those animal control measures
deemed desirable and necessary and by providing a means of licensing animals, impounding
animals, and controlling animal behavior so that it shall not constitute a nuisance, as well as to
prevent or curtail cruelty to animals, and by licensing kennels, catteries, animal grooming parlors,
and pet shops within the city of Arlington.
(b)
Nothing in this title shall be intended or construed to create any liability on the part of the city, its
officers, employees or contractors. It is not the purpose or intent of this statute to create on the
part of the city or its agents any special duties to or relationships with specific individuals. This title
has been enacted for the welfare of the public as a whole.
(Ord. 1371 §1(part), 2005).
• 8.05.030 - Definitions.
As used in this chapter, unless the context clearly indicates otherwise, words in the present
tense include the future; the singular includes the plural; plural usage includes the singular; "shall"
means mandatory, not directory; the masculine gender includes the feminine; and certain words
and phrases are defined as follows:
"Abatement" means the termination of any violation of this title by lawful and reasonable
means, in order that a person or persons presumed to be the owner of an animal comply with this
title.
"Abandon" means the act of leaving an animal without food, water or necessary medical care
for twenty-four hours or more; or any situation where the conditions present an immediate, direct
and serious threat to the life, safety or health of the animal.
"Adult dog or cat" means any dog or cat six months of age or older.
"Allow" means to permit by neglecting or failing to restrain or prevent.
"Animal" shall have its customary common meaning and shall include any member of the
classes: reptile, amphibian, bird or mammal, except human.
"Animal control authority" means any person or entity or any individual under the direct
supervision and control of the chief of Arlington police department, or any person employed,
contracted with, or appointed by the chief of the Arlington police department as the animal control
authority, whether acting alone or in concert with the police department, for enforcement of the city
and state animal control laws as they pertain to the shelter and welfare of animals.
"Animal shelter" means any facility operated by an organization or government agency with
whom the city has a contractual relationship with for the purpose of impound, care or destruction
of animals.
"At large" means when an animal is outside the premises of the owner and not under the
physical control of the owner or other person designated by the owner.
"Damage to property" means, for the exclusive purpose of this chapter, the actual cost of
materials and/or the labor actually paid to persons to make repairs to restore the property to its
original condition, if the same exceeds one hundred dollars.
"Dangerous animal" or "dangerous dog" means any dog that according to the records of the
appropriate authority:
(1)
Has inflicted severe injury including transmission of an infectious or contagious disease on a
human being without provocation on public or private property;
(2)
Has killed a domestic animal without provocation while off the owner's property; or
(3)
Has been previously found to be potentially dangerous, the owner having received notice of such,
and the animal having again bitten, attacked, or endangered the safety of humans or domestic
animals. Excluded from this definition is a dog investigated as potentially dangerous when the
threat, injury, or damage is determined to have been sustained by a person who committed a
willful trespass on the owner's property; tormented, abused or assaulted the dog or has done so in
the past; or committed or attempted to commit a crime.
"Dog" means any member of one or more species of the genus Canis.
"Domestic animal" means any animal that is usually tamed and bred for the uses of humans,
including dogs, cats, rabbits, horses, mules, cattle, lambs and sheep.
"Enclosure" means a physical structure that prevents the animal from coming into contact
with humans, preventing the entry by young children, preventing escape and prevents the spread
of a communicable disease. The enclosure shall have four sides and a top and protect the animal
from the elements.
"Exotic, wild or dangerous animal" means any member of the animal kingdom which is not
commonly domesticated or which is not common to North America, or which, irrespective of
geographic origin, is of a wild or predatory nature, or any domesticated animal which, because of
its size, vicious nature or other similar characteristics would constitute a danger to human life or
property if not kept, maintained or confined in a safe and secure manner. Incorporated by
reference here are the state game department regulations, principally the following: WAC 232-12-
015, 232-12-030, 232-12-040, 232-12-050 and 232-12-060.
"Fowl" means all feathered birds, including all birds kept domestically and all fowl normally
raised for meat or eggs, and includes, but is not limited to, chicken, turkeys, ducks, roosters,
carrier pigeons, homing pigeons, racing pigeons and geese. This definition excludes birds kept as
household pets, including but not limited to parrots and canaries.
"Grooming parlor" means an establishment that does not keep animals overnight or during
any time when the business is closed; rather animals are kept only for a reasonable time in order
to perform the business of grooming and only during normal business hours.
"Guard or attack dog" means any dog, except those dogs owned or used by a government
agency for law enforcement purposes, which has been trained and is used for purposes of
protection of persons or property by exhibiting hostile or aggressive propensities, or which will
attack on signal or command.
"Harboring" means to provide a place or any premises on which an animal customarily
remains, or to which it customarily returns daily for food and care for a period of ten days. The
owner of such a place or premises is presumed to be harboring or keeping the animal within the
meaning of this chapter.
"Kennel" means:
(1)
A commercial business operation that provides food and shelter for the purpose other than
medical care or engages in the commercial breeding of animals, but not including licensed
veterinary hospitals or clinic, pet shops or grooming parlors;
(2)
Keeping of more than three adult dogs, more than three adult cats or any combination of cats and
dogs where the total exceeds seven, exclusive of fish, insects or birds as household pets;
(3)
Keeping two or more litters of juvenile animals;
(4)
The keeping of animals for a commercial purpose which includes making a profit from the products
of the animal, rearing, breeding, sale or lease of an animal;
(5)
Any confined outdoor place where the keeping of animals has destroyed the vegetative cover and
material infiltration capacity of the soil or caused an adverse impact upon the water quality within
the watershed; or
(6)
Commercial advertising is used on the premises and pertains to the animal on the premises.
"Livestock" means animals usually found on farms, including but not limited to horses, mules,
bovine animals, sheep, goats, llamas, ostriches and swine. Except, livestock shall not mean
miniature pot-bellied pigs as defined in this section.
"Miniature pot-bellied pig" means a type of swine commonly known as the North American
Vietnamese, Chinese, or Asian pot-bellied pig (Sus scrofa vittatus) that is no more than twenty-two
inches in height at the shoulder and no more than one hundred fifty pounds in weight and is an in-
house pet.
"Nuisance" means any act or situation by an animal that is injurious to the health, safety or
welfare of the public. This specially includes, but not limited to:
(1)
Being vicious or by its action potentially vicious;
(2)
Chasing or harassing any person;
(3)
Chasing a vehicle;
(4)
Damaging property that is not the animal's owners, excluding shared fences;
(5)
Attacking other domestic animals;
(6)
Excreting on the private property other than the animal's owner;
(7)
Biting or attacking a person;
(8)
Having a communicable disease; or
(9)
Injuring or killing a wild animal that is not posing a threat to persons or property.
"Owner" or "keeper" means any person or legal entity having a possessory interest in an
animal or who harbors, cares for, exercises control over, or knowingly permits any animal to
remain on premises occupied by him. Any actions exercisable against an owner in this chapter
shall also be exercisable against a keeper. This includes the financial responsibility to care for an
animal including, providing food, shelter, and medical care and paying fees for confinement and
impounding.
"Person" means any individual, corporation, association or any other legal entity, a
partnership, and any other unincorporated association.
"Pet shop" is any licensed establishment or premises maintained for the purchase, sale, or
exchange of pets of any type.
"Physical control" means the use of a leash, cord, chain, or other device that is no longer
than eight feet long. However, for training purposes, these may be up to twenty feet long.
"Police dog" means a dog employed by a law enforcement agency that is specially trained for
law enforcement work and under the control of a police dog handler.
"Potentially dangerous animal" or "potentially dangerous dog" means any animal or dog that
when unprovoked:
(1)
Inflicts a bite or bites on a human or domestic animal either on public or private property; or
(2)
Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing
fashion or apparent attitude of attack. Police dogs in the line of duty and guard dogs that are
protecting property are excluded from this definition.
"Potentially dangerous wild animal" means one of the following types of animals, whether
bred in the wild or in captivity, and any or all hybrids thereof:
(1)
Class mammalian
a.
Order carnivore
i.
Family felidae, only lions, tigers, captive-bred cougars, jaguars, cheetahs, leopards, snow
leopards, and clouded leopards;
ii.
Family canidae, wolves, excluding wolf-hybrids;
iii.
Family ursidae, all bears;
iv.
Family hyaenidae, such as hyenas;
b.
Order perissodactyla, only rhinoceroses;
c.
Order primates, all nonhuman primate species;
d.
Order proboscidae, all elephant species;
(2)
Class reptilian
a.
Order squamata
i.
Family atractaspidae, all species;
ii.
Family colubridae, only dispholidus typus;
iii.
Family elapidae, all species, such as cobras, mambas, kraits, coral snakes, and Australian tiger
snakes;
iv.
Family hydrophiidae, all species, such as sea snakes;
v.
Family varanidae, only water monitors and crocodile monitors;
vi.
Family viperidae, all species, such as rattlesnakes, cottonmouths, bushmasters, puff adders, and
gaboon vipers;
b.
Order crocodilian, all species, such as crocodiles, alligators, caimans, and gavials.
"Premises" means all the real property under one ownership inside the inner line of a
sidewalk or, if there is no sidewalk, inside of the curb, ditch, or shoulder marking the edge of the
used public right-of-way. "Premises" also means the inside of a closed motor vehicle.
"Service animal" means an animal that is trained for the purposes of assisting or
accommodating a disabled person's sensory, mental or physical disability.
"Severe injury" means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
"Tether" means:
(1)
To restrain an animal by tying or securing the animal to any object or structure; and
(2)
A device, including but not limited to a chain, rope, cable, cord, tie-out, pulley, or trolley system for
restraining an animal.
"Wild animal" means any animal living in its natural state and native to the United States and
not normally domesticated, raised, or bred by humans.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 1, 2-16-2010; Ord. No. 2011-014, § 1, 6-6-2011; Ord. No. 2015-020, § 1, 9-
21-2015)
• 8.05.040 - Financial responsibility of animal owner.
The owner of any animal confiscated or impounded under Title 8 AMC shall pay the assessed
penalties and all fees and costs associated with apprehension, transportation, and impoundment
specified in AMC 8.13.050, and any veterinary costs incurred as a result of the confiscation or
impoundment whether or not the animal is redeemed. Relinquishment of the animal by its owner
does not constitute a waiver of the fees or costs incurred under this section or fines otherwise
imposed. The city may collect the penalties, fees, and expenses by use of appropriate legal
remedies.
(Ord. No. 2011-014, § 2, 6-6-2011)
• Chapter 8.09 - ANIMAL CONTROL LICENSING AND MINOR
VIOLATIONS
• 8.09.010 - Dog licenses—Required.
(a)
It is unlawful for any person, firm, or corporation to own, possess, harbor or maintain any dog,
male or female, over the age of three months, within the city without paying the license fee and
obtaining a license from the agency or department designated by the city council. All dogs that are
over three months of age and are brought into the corporate city limits shall be registered within
thirty days after being brought into the city. The license tag shall be attached to the animal's collar
so that the animal may be returned to the owner. The animal owner will be responsible for any
costs regarding a licensed but not tagged animal.
(b)
License Prohibited. Dogs that are determined to be dangerous by any competent jurisdiction are
prohibited within the city and licensing these animals is prohibited.
(c)
License Exemptions. The following are exempt from licensing: Dogs brought into the city for the
purpose of participating in any show; and dogs temporarily kenneled at a licensed kennel for the
sole purpose of breeding, training, hunting, or boarding not to exceed ninety days.
(d)
Guard or Attack Dogs—Additional Requirements. No person shall possess a guard or attack dog
without first obtaining a guard or attack dog license from the city of Arlington. The application for
the guard or attack dog shall certify the following information:
(1)
The name and address of the owner of the guard/attack dog, description of the dog, address and
business name, if any, of the premises the dog will guard;
(2)
The name and address of the trainer, and the name and address of the purveyor of the dog;
(3)
That the premises the dog will guard is adequately secured for the safety of the public, meaning
that the guard dog shall be kept contained within a building or on a leash under the control of a
person or enclosed within a six-foot solid or chain-link fence of sufficient height to prevent the dog
from reaching persons off the property, and that the owner shall restrain the guard dog in such a
manner that the dog is unable to reach persons using the normal ingress and egress of the
property;
(4)
That the owner shall post signs on the premises at all entrances, and in at least two conspicuous
places on the property, clearly warning that a guard/attack dog is on duty on the premises;
(5)
That the user of the guard/attack dog is aware of and understands the aggressive nature of the
dog;
(6)
That the owner of the guard/attack dog has surety bond or policy of liability insurance in the
amount of at least one hundred thousand dollars from an insurer authorized to conduct business in
the state of Washington, insuring the owner for any personal injuries inflicted by the dog; and
(7)
Proof of microchip identification, microchip number and identification of the date and location of
the microchip implant.
(e)
Dog Guides and Service Animals. The city shall honor a request by a blind person or hearing
impaired person not to be charged a fee to license his or her dog guide, or a request by a
physically disabled person not to be charged a fee to license his or her service animal.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 2, 2-16-2010)
• 8.09.020 - Leash required.
It is unlawful for the owner of any dog to at any time cause, permit or allow such dog to roam,
run, stray or to be away from the premises of the owner and to be on any public place (including
but not limited to, school grounds, any public park, or any public property), or upon the private
property of another within the city, unless such dog is under the control of the owner by a leash.
Any dog found roaming, running, straying or being away from such premises and not on a leash as
provided in this section may be impounded subject to redemption in the manner provided by this
chapter. Any case alleging a violation of this section is to be filed as a civil infraction.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 3, 2-16-2010)
• 8.09.030 - Unlicensed animals.
Kennels, pet shops or veterinary hospitals may keep unlicensed animals on the premises
temporarily, provided that the premises are securely fenced or enclosed and the entrances thereto
locked when unattended. Each such unlicensed animal three months of age or older contained
within the premises of a kennel, pet shop or veterinary hospital shall be inoculated against such
diseases, and in such a manner as may be prescribed by a veterinarian and an inoculation
certificate provided for each such dog. For dogs over three months of age, this shall consist of
rabies inoculations.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 4, 2-16-2010)
• 8.09.040 - Animal waste on publicly owned property or property not
belonging to the owner.
It is unlawful for an owner of an animal to:
(1)
Fail to remove fecal matter deposited by the animal on public playgrounds, lawn areas and
sidewalks, parks or other publicly owned land before the owner leaves the immediate area where
the fecal matter was deposited;
(2)
Fail to remove fecal matter deposited by the animal on any private property not belonging to the
owner without the property owner's permission;
(3)
Fail to possess the equipment necessary to remove animal fecal matter when accompanied by the
animal on public property as set forth in this section;
(4)
Fail to remove fecal matter deposited by the animal as required in subsection (a) of this section is
declared to be a nuisance;
(5)
This section shall not apply to cats or owners of cats.
(Ord. 1371 §1(part), 2005).
• 8.09.050 - Animals at large.
It is unlawful for the owner of an animal to permit the animal, whether licensed or not, to run
at large at any time. This section shall not apply to cats or owners of cats or a "guide" or "service"
animal as now or hereafter defined in Chapter 70.84 RCW.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 5, 2-16-2010)
• 8.09.060 - Animals on sidewalks.
It is unlawful for any person to ride or leave an animal on any sidewalk within the city;
provided, however, that it shall not be unlawful to walk a dog on the sidewalk while on a leash.
(Ord. 1371 §1(part), 2005).
• 8.09.070 - Animals at prohibited public places.
When a property is designated by signs as prohibited to such animals, it is unlawful for an
owner to allow any domestic, or exotic animal, except cats and carrier pigeons, upon any public
school playground, publicly maintained park or play field, any environmentally critical area as
defined in AMC Chapter 20.88, or other city owned property.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 6, 2-16-2010)
• 8.09.080 - Interfering with a wildlife corridor.
It is unlawful for any person to interfere with an environmentally critical area or any animal
therein as defined in AMC Chapter 20.88 or that blocks or interferes with the intended movement
of wild animals.
(Ord. 1371 §1(part), 2005).
• 8.09.100 - Regulations pertaining to kennels, catteries, grooming parlors,
pet shops, and other boarding facilities.
(a)
License Required. No person, owner or keeper shall operate any kennel, cattery, grooming parlor,
pet shop, or animal shelter within the city without first obtaining a special license from the city for
this purpose. Licensed veterinary hospitals or clinics are not included within this prohibition though
a land use permit may still be required pursuant to AMC Title 20. Licenses shall be issued
annually by the city, upon receipt of an application, the payment of fees, and only after satisfactory
inspection by the Arlington police department.
(b)
Application. A license application for a commercial kennel, boarding kennel/cattery, grooming
parlor, pet shop, animal shelter, or other boarding place shall contain the following:
(1)
Name, address and telephone number of the owner or operator of the facility, and the name and
address of the facility;
(2)
The type of license sought and a brief description of the magnitude and nature of the
contemplated operations;
(3)
A written statement from the city's department of community development or other satisfactory
proof that the proposed operation conforms to the city's zoning code and all other land use
regulations.
(4)
Proof that an animal waste disposal plan is present and conforms to established law.
(c)
Term. The license shall be valid for one calendar year, from each January 1st through the
following December 31st.
(d)
Fee. The annual license fee shall be assessed as determined by resolution of the city council, due
and payable on the first business day of each calendar year.
(e)
Prorating of License Fee. If operations are commenced in a month other than January, the
applicant must submit the application together with the prorated license fee within thirty days of
commencing operations. The license fee shall be prorated according to the number of months
remaining in the license year.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 7, 2-16-2010)
• 8.09.105 - Inspections.
No license will be issued until the existing or proposed kennel, cattery, grooming parlor, pet
shop, or animal shelter is deemed adequate after it has been thoroughly inspected by the
Arlington police department. It is a condition of issuance of any permit under this chapter that the
animal control authority is permitted to inspect all animals and the premises where the animals are
kept at any reasonable time.
(Ord. 1371 §1(part), 2005).
• 8.09.110 - Revocation of license.
Licenses issued pursuant to this chapter may be revoked by the Arlington police department
if the licensed kennel, cattery, grooming parlor, animal shelter, pet shop, or other boarding facility
is operating in violation of any provision in this chapter applicable to the facility, the owner has
been convicted of cruelty to animals or other similar crime, the owner or manager refused to
comply with the ordinance or any law governing the protection or keeping of animals, or the
applicant falsified or withheld information for the permit. In addition to license revocation, violators
are subject to the penalty provided for in AMCSection 8.05.040. The revocation of the license may
be appealed to the city's hearing examiner. The process for perfecting an appeal shall be as
prescribed by the Arlington Municipal Code, Section 20.20.010.
(Ord. 1371 §1(part), 2005).
• 8.09.115 - Operation and facility requirements.
Suitable food, water and bedding shall be provided to all animals. An employee, keeper or
owner shall make sure that animals receive adequate food, water, care, and necessary cleaning at
all times.
(1)
Food and bedding shall be stored in a fashion that prevents contamination or infestation.
Refrigeration shall be provided for the protection of perishable foods.
(2)
The facilities, both for housing and waste disposal, shall be maintained and operated in a
healthful, sanitary manner free from disease, contamination, infestation and obnoxious or foul
odors. Provisions shall be made to ensure that the removal and disposal of animal and food
wastes, bedding, dead animals and debris is done in a manner to minimize vermin/insect
infestation, odors and disease hazards.
(3)
Sick, diseased, or injured animals shall be isolated from healthy animals in quarters adequately
ventilated to prevent contamination of healthy animals.
(4)
Animals shall receive proper medical treatment whenever necessary and be immunized from
disease as is usual and customary for the animal's age and species.
(5)
Animal housing facilities shall be provided to the animals and shall be structurally sound,
maintained in good repair, and designed to protect the animals from injury and shall provide
sufficient security to contain the animals and prevent the entry of other unwanted animals.
(6)
In addition, each animal housed therein shall be provided with adequate floor space to allow each
animal to turn about freely and to easily stand, sit, and lie in a comfortable normal position.
Animals that are caged, closely confined, or restrained shall be permitted daily, and for an
appropriate length of time, as determined by their size, age and species, to exercise in a yard or
area suitable for that purpose.
(7)
The facilities shall include washroom facilities, which include sinks and toilets, and have hot and
cold running water conveniently available to maintain cleanliness among animal caretakers and for
washing utensils and equipment. Water shall be supplied in sufficient pressure and quantity to
clean indoor housing facilities and enclosures of debris and excrement.
(8)
Electrical power shall be supplied, in conformance with applicable city, county, and state electrical
codes, adequate to supply heating and lighting as may be required by this chapter.
(9)
Outdoor facilities shall:
(A)
Provide shelter and protection from adverse weather;
(B)
Provide sufficient room for adequate exercise and movement;
(C)
Be fenced at a height of six feet with wood or chain link and have a below ground barrier sufficient
to prevent an animal from digging under the fence; and
(D)
Be kept clean.
(10)
Indoor facilities shall:
(A)
Be heated or cooled to protect the animals from temperatures to which they are not acclimated;
(B)
Be adequately ventilated;
(C)
Have interior walls, ceilings and floors which are sealed and are resistant to absorption of moisture
or odors; and
(D)
Have flooring with an impervious surface that can be sanitized and had an adequate drainage
system that is connected to a septic system or sanitary sewer to facilitate cleaning.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 8, 2-16-2010)
• 8.09.120 - Pet shops—Additional regulations.
(a)
No person owning, operating, or employed by a pet shop shall knowingly sell any animal which is,
at the time of the delivery of the animal to the buyer, sick, impaired, unweaned, injured, or
otherwise so incapacitated that its weakness or incapacity will substantially impair its ability to
recover or grow normally.
(b)
No person owning, operating, or employed by a pet shop shall knowingly misrepresent an animal
to a consumer in any way.
(c)
No person owning, operating, or employed by a pet shop shall abuse, tease, or otherwise torment,
nor permit any other person to abuse, tease or otherwise torment any animals therein.
(d)
Aquariums shall be constructed and maintained to provide adequate room for the fish contained
therein. In addition, such aquariums shall be provided with an apparatus that will oxygenate the
water contained in the aquarium, when required for the well being of the fish.
(e)
No person owning, operating, or employed by a pet shop shall exhibit any animal to public display
for more than twelve consecutive hours. At no time shall any animal be placed on public display
outside the enclosed premises of a pet shop by chaining or caging the animal upon the public
street or other public place.
(f)
The business must have a plan to properly dispose of pet waste and follow the plan.
(Ord. 1371 §1(part), 2005).
• 8.09.125 - Grooming parlors—Conditions—Requirements.
(1)
Not board animals, but keep said animals only for a reasonable time in order to perform the
business of grooming.
(2)
Keep each animal in an individual cage sufficient in size and with adequate floor space to allow
each animal to turn about freely and to easily stand, sit, and lie in a comfortable normal position,
while said animal is at the facility.
(3)
Not permit animals kept therein for the purpose of grooming to have contact with any other
animals therein.
(4)
Sterilize all equipment after each animal has been groomed and each cage after the animal that
occupied it has left.
(5)
Not prescribe any treatment or medicine that is in the province of a licensed veterinarian as
provided in RCW 18.92.010.
(6)
Take reasonable precautions to prevent injury from occurring to any animals while in the custody
of said parlor, including providing restraining straps for animals when necessary to prevent injury
to the animal while it is being groomed.
(7)
Be structurally sound, maintained in good repair, and provide sufficient security to contain the
animals and prevent the entry of other unwanted animals.
(8)
Have grooming area with walls, ceilings, and floors that are sealed and are resistant to absorption
of moisture and odors.
(9)
Be cleaned and sanitized on a regular basis and the disposal of pet waste must follow established
law.
(10)
Not leave animals unattended during the drying process.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 9, 2-16-2010)
• 8.09.130 - Penalties—Infraction unless otherwise designated.
Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall
constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of
infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The
penalty for violation of this chapter shall be one hundred dollars. The penalty for a second or
subsequent offense in violation of the provision of this chapter within two years shall be two
hundred fifty dollars.
(Ord. No. 2011-014, § 3, 6-6-2011)
• 8.09.200 - Reserved.
Editor's note— Ord. No. 2011-014, § 4, adopted June 6, 2011, repealed § 8.09.200, which
pertained to violation—penalty and derived from Ord. 1371, § 1, 2005; Ord. No. 2010-005, § 10,
adopted Feb. 16, 2010.
• Chapter 8.10 - ANIMAL CONTROL MAJOR VIOLATIONS
• 8.10.010 - Obstructing an officer or concealing an animal.
No person shall conceal any animal, or deny, prevent or obstruct a police officer, a properly
designated city employee, or an animal control officer from enforcing any provisions of this title.
The officer, or animal control authority, shall have the power to issue a citation, on the same forms
as are used by members of the police department, to any violator of this chapter. A violation of
this section shall be a gross misdemeanor punishable by up to three hundered and sixty-four days
in jail, a fine not to exceed five thousand dollars, or both imprisonment and fine.
(Ord. 1371 §1(part), 2005).
• 8.10.020 - Nuisance—Generally.
Every owner of an animal shall exercise the care and control of the animal necessary to
prevent the animal from becoming a public nuisance as defined in AMC Section 8.05.030.
(Ord. 1371 §1(part), 2005).
• 8.10.030 - Number of dogs and cats permitted.
No person shall keep more than three adult dogs, more than three adult cats, or any
combination of cats and dogs where the total exceeds seven on any premises in the city except as
described in commercial animal kennel regulations.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2011-014, § 5, 6-6-2011)
• 8.10.040 - Potentially dangerous dog.
(a)
Declaration. Upon declaration by the animal control authority that a dog is a potentially dangerous
dog as defined in AMC 8.05.030, the owner shall be served with a potentially dangerous dog
declaration.
(b)
Declaration—Final Determination Unless Appealed. The service of a potentially dangerous dog
declaration shall, unless timely appealed, be a final determination that the dog is a potentially
dangerous dog.
(c)
Notice—Service. Service of the potentially dangerous dog declaration upon the owner of the
animal may be made either by personal service to the owner, by posting such notice at the
residence of the owner or by certified mail to the last known address of the owner.
(d)
Appeal. An appeal of a potentially dangerous dog declaration must be served upon the city of
Arlington police chief within five days of service of the potentially dangerous dog declaration.
Appeals shall be heard by the judge of the Marysville municipal court Snohomish County District
Court – Cascade Division and conducted in accordance with AMC 8.10.140.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 11, 2-16-2010; Ord. No. 2011-014, § 6, 6-6-2011)
• 8.10.045 - Dangerous dog.
(a)
Declaration. Upon declaration by the animal control authority that a dog is a dangerous dog as
defined in AMC 8.05.030, the owner shall be served with a dangerous dog declaration.
(b)
Declaration—Final Determination Unless Appealed. The service of a dangerous dog declaration
shall, unless timely appealed, be a final determination that the dog is a dangerous dog.
(c)
Notice—Contents of Dangerous Dog Declaration. A dangerous dog declaration shall contain:
(1)
The name and address, if known, of the owner of the animal;
(2)
The license number, if available, and description of the animal or dog;
(3)
A statement that the animal control authority has found the animal to be a dangerous dog as
defined in AMC 8.05.030 and a concise description explaining why the declaration has been
made;
(4)
A statement that service of the dangerous dog declaration is a final determination unless appealed
and that an appeal must be filed within five days of service of the dangerous dog.
(5)
A copy of AMC 8.10.140 Regarding appeal procedures.
(6)
A copy of AMC 8.10.150 Regarding disposition of seized and removed animals.
(d)
Notice—Service. Service of the dangerous dog declaration upon the owner of the animal may be
made either by personal service to the owner, by posting such notice at the residence of the owner
or by certified mail to the last known address of the owner.
(e)
Appeal. An appeal of a dangerous dog declaration must be served upon the city of Arlington police
chief within five days of service of the potentially dangerous dog declaration. Appeals shall be
heard by the judge of the Snohomish County District Court – Cascade Division Marysville
municipal court and conducted in accordance with AMC 8.10.140.
(f)
License Prohibited. Dogs that are determined to be dangerous by any competent jurisdiction are
prohibited within the city limits of the city of Arlington and licensing these animals is prohibited.
(g)
Requirements for Dangerous Dogs. Strict compliance with each of the following conditions is
required if a dog is declared dangerous. An owner of a dangerous dog shall have fifteen days to
comply with the requirements contained in this chapter unless otherwise ordered by the court after
appeal.
(h)
Options of an owner of a dangerous dog living in the city limits
(1)
Dangerous dogs are prohibited from residing within city limits. If a dangerous dog is sold, given
away, or moved to another location, the owner shall provide the name, address, and telephone
number of the new owner, or the address and telephone number of the new location if retained by
the same owner, to the animal control agency within fifteen days of the declaration being served or
otherwise ordered by the court. Compliance with RCW 16.08, as well as any applicable city code,
shall be required of any dangerous dog owner. Upon notice that the dangerous dog is being
relocated, the animal control agency shall notify the new jurisdiction of the dangerous dog's
relocation.
(2)
The owner may choose to surrender the dangerous dog to the Arlington Police Department by
signature on an Animal Surrender Agreement, stating that upon surrender they relinquish the right
to obtain any information about this animal, forfeit all claims of this animal, and will, in no way, hold
the Arlington Police Department responsible for the final disposition of the animal.
(i)
Failure to Comply with Dangerous Dog Requirements. Any dangerous dog shall be seized and
removed by the animal control authority if within fifteen days of service of the order or unless
otherwise ordered by the court:
(1)
The owner has not surrendered the dog to the city; or
(2)
The owner has not provided animal control with proof and compliance documentation that the dog
was sold, given away, or moved to another location; or
(3)
The owner has failed to comply with any other provision in subsection (h).
(j)
Penalty. Failing to comply with any dangerous dog requirement is a gross misdemeanor. A
dangerous dog seized and removed in violation of dangerous dog requirements shall not be
released during investigation of, or prosecution for, failure to comply with dangerous dog
requirements. Any person convicted of failing to comply with dangerous dog requirements shall
make restitution to the city of Arlington for all costs incurred in boarding and disposition of such
dog and shall forfeit any interest in such dog.
(k)
The provisions of this section shall not apply to dogs used by law enforcement officials for police
work.
(Ord. No. 2011-014, § 7, 6-6-2011)
• 8.10.050 - Noisy animals.
It is unlawful for a person to keep, harbor, maintain, possess, or have under their control, any
animal or fowl which habitually howls, yelps, whines, barks, or makes any other oral noise in such
a manner that can be heard inside a residence or work place. It is a violation when the noise is
confirmed by police officer and the owner or the person in control of the animal immediately fails to
stop the noise. Any such animal is declared to be a nuisance and may be seized and impounded if
the disturbance reoccurs after the animal's owner has received one warning from the police
department within a sixty-day period or three warnings within any twelve-month period. Whenever
three or more persons living in separate residences state in writing that any such animal is
violating any provisions of this section, it may be considered a violation of this chapter and the
police department will forward the information to the city prosecutor for action.
(Ord. 1371 §1(part), 2005).
• 8.10.060 - Offensive premises.
No person shall permit or suffer any premises owned or occupied or controlled by him or her,
within the city, to become nauseous, foul, offensive or injurious to public health or unpleasant or
disagreeable to other persons, and any such premises, so maintained, shall be deemed to be and
are declared to be a nuisance. It is prima facie evidence that a premise is foul or offensive when
the smell of fecal matter extends beyond the legal property boundary or at least twelve individual
fecal materials are present in the animal's confined yard.
(Ord. 1371 §1(part), 2005).
• 8.10.070 - Injury to property.
It is unlawful for an owner of an animal other than cats and pigeons to suffer or permit the
animal to trespass onon the property of another so as to cause one hundred dollars or more in
damage to property of another, or to spill or to spread garbage.
(Ord. 1371 §1(part), 2005).
• 8.10.080 - Violation—Public nuisance—Notice of abatement.
(a)
A person violating any provision of this chapter by keeping or maintaining a nuisance as defined in
this chapter, in addition to the fine or imprisonment or both provided for by Section 8.10.200, shall
be ordered by the court to immediately abate and remove such nuisance and if the same is not
done by the offender within twenty-four hours of the order, the nuisance shall be abated and
removed under the direction of the chief of police, or by any other officer authorized by the court,
which order of abatement shall be entered upon the docket of the court and made a part of the
judgment in the action. Upon being advised of the same, the animal control officer may serve
notice upon the owner or occupant of the subject premises requiring that the nuisance be abated
within a period of not less than three days. It shall be unlawful for any person to fail to comply with
the notice of abatement. Any person found guilty of the failure to comply shall be guilty of a
separate civil infraction for each day of noncompliance.
(b)
Public Nuisance - Petition - Notice of Abatement. Whenever it shall be affirmed in writing by three
or more persons having separate residences or regularly employed in the neighborhood that any
dog is a habitual public nuisance by reason of continued violations of any section of this chapter,
the animal control officer may serve notice upon the owner or custodian of the dog ordering that
the nuisance be abated within a period of not less than three days. It shall be unlawful for any
person to fail to comply with said notice of abatement, and the same shall be cause for
impoundment of the dog.
(Ord. 1406 §1, 2006; Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 12, 2-16-2010)
• 8.10.090 - Animal bite quarantine, responsibilities of the owner—Control
of rabid or potentially rabid animals.
(a)
Quarantine—Required—Length.
(1)
The owner of a dog alleged to have bitten a person must produce valid certification of a current
rabies vaccination or the dog must be quarantined by either securing the dog on the owner's
premises with the approval and supervision of the animal control authority and not allowing the
dog to be at large or to come into contact with any person or animal for ten days or placing the dog
in a veterinary hospital or approved shelter for at least ten days beginning when notification is
received. The dog may not be transported outside the city limits without the written permission of
the police department.
(2)
It shall be the duty of every medical doctor, hospital, or other applicable health official to report all
animal bites that break the skin, regardless of provocation factors or previous inoculations record
of the animal. Such report shall be made to the police department, as promptly as possible so that
quarantine procedures can be instituted in a timely fashion.
(b)
Quarantine—Location.
(1)
The place of quarantine shall be established by the chief of the Arlington police department, and
the chief, or any individual employed, contracted with, or appointed by the chief of the Arlington
police department as the animal control authority may, in its discretion, allow the owner and/or
keeper of the animal to maintain the quarantine. No animal under confinement shall be released
from confinement without approval of the police department. If the owner and/or keeper is unable
or unwilling to confine the animal, or if the chief of the Arlington police department, or the animal
control authority, determines from the prior history of the animal that confinement is not likely, the
animal may be quarantined by the animal control authority, or at a veterinarian and/or boarding
kennel of the owner's choice, provided that the costs to board the animal shall be borne by the
owner if in a location other than the owner's residence.
(2)
Boarding or kennel fees, if any, for the quarantine period shall be paid by the animal's owner and
the release of the animal shall be conditioned upon payment of the fees.
(c)
Produce for Examination. It is unlawful for the owner or custodian of any animal that has been
reported as having bitten a person to refuse to produce such animal for examination and
quarantine upon demand of the police department.
(d)
Penalty. If the owner or custodian of any such animal refuses to produce the animal, he or she
shall be subject to immediate arrest by a police officer if probable cause exists to believe that the
animal has bitten a person and the owner or custodian willfully refuses to produce the animal on
demand. Any person who willfully fails or refuses to produce an animal that has bitten a human
being, or who destroys an animal that has bitten a human being, is guilty of a misdemeanor, and
upon conviction thereof, shall be punished by a fine of up to one thousand dollars.
(e)
Quarantine—Illness. Should the animal during the observation period manifest any unusual
behavior or develop symptoms of illness or die, the owner or veterinarian shall immediately notify
the police department of that condition. The police department shall take immediate action to
obtain a pathological and inoculation examination of the animal. If the animal is found to be rabid,
the police department shall notify the county public health officer of any reports of human contact
with the animal. Any animal that has not been inoculated against rabies and is known to have
been bitten by a rabid animal shall immediately be humanely destroyed.
(Ord. 1371 §1(part), 2005).
• 8.10.100 - Failure to report—When striking an animal with motor vehicle.
A person who strikes a domestic animal, domestic livestock, or deer, while operating a motor
vehicle shall stop at once, render reasonable assistance and immediately attempt to report the
injury or death to the animal's owner. If the animal's owner cannot be ascertained and located, the
person shall at once report the accident to the police. This section shall not be construed to
require the person striking the animal with a motor vehicle to be financially responsible for any
injury to or death of the animal.
(Ord. 1371 §1(part), 2005).
• 8.10.110 - Unlawful tethering.
(a)
Any animal that is restrained by a tether must be restrained in compliance with this section.
(b)
If chain is used for tethering, it must have links of five-sixteenths of an inch or smaller.
(c)
The use of chains or choke chains as collars is prohibited. This subsection does not apply to
choke chains used for training purposes when a person is present at all times and actively
engaged in training the animal.
(d)
Any tether must be connected to a collar or harness on a swivel or in a manner that prevents the
tether from tangling.
(e)
The tether may be connected to the animal only by a buckle-type or snap-on collar or a body
harness made of nylon or leather. Any collar or harness must fit the animal properly.
(f)
Any tether must be at least ten feet in length, and the animal must have access to clean water and
adequate shelter while tethered. The shelter and water vessel must be constructed or attached in
such a way that the animal cannot knock over the shelter or water vessel.
(g)
If there are multiple animals tethered, each animal must be on a separate tether and not secured
to the same fixed point.
(h)
It is a violation:
(1)
To tether any animal in such a manner as to permit the animal to leave the owner's property;
(2)
To tether any animal in such a manner that allows the animal to be within ten feet of any public
right-of-way;
(3)
To tether any animal in such a manner that the animal can become entangled with any obstruction
or any other tethered animal or be able to partially or totally jump over any fence;
(4)
To tether any animal in a manner that prevents it from lying, sitting, and standing comfortably, and
without the restraint becoming taut;
(5)
To tether any animal that is sick, injured, or in distress, in the advanced stages of pregnancy, or
under six months of age;
(6)
To tether any animal during any severe weather advisories, warnings, or emergencies that have
been issued or declared by the national weather service for the location at which the animal is
tethered, unless the animal is provided with natural or manmade shelter that is adequate to keep it
safe, dry, and protected under such conditions;
(7)
To tether any animal in a manner that results in the animal being left in unsafe or unsanitary
conditions, or that forces the animal to stand, sit, or lie down in its own excrement or urine; or
otherwise endangers the health or safety of the animal.
(8)
To tether any animal between the hours of 11:00 p.m. and 5:00 a.m.
(i)
A first offense of this section is a class 1 civil infraction under RCW 7.80.120(1)(a). A second or
subsequent offense is a misdemeanor as defined by RCW 9A.20.010..
(Ord. 1371 §1(part), 2005).
(Ord. No. 2015-020, § 2, 9-21-2015)
• 8.10.120 - Unlawful possession.
Any person who has any domestic, or exotic wild animal, except cats and carrier pigeons, not
owned by said person, in their possession or control without the knowledge of the animal's owner
shall notify the animal control authority within forty-eight hours. Failure to report such possession
or to surrender the animal to the animal control authority upon demand is unlawful.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 13, 2-16-2010)
• 8.10.130 - Destruction of dangerous, injured or diseased animals.
An animal control authority may humanely destroy any dangerous or vicious animal found at
large, which cannot in the judgment of the animal control authority, be safely taken and impounded
after reasonable attempts to do so have been made. An animal suffering from serious injury or
disease may be humanely destroyed by the impounding authority; provided, that the impounding
authority shall immediately notify the owner if the owner is known, and if the owner is unknown,
make all reasonable efforts to locate and notify the owner. The animal's owner shall be held liable
for the costs of the treatment and the destruction. If possible, before the animal's destruction, the
animal control authority shall take reasonable steps to serve the animal's owner, if known, with
notice of the destruction.
(Ord. 1371 §1(part), 2005).
• 8.10.140 - Appeal.
(a)
Filing. A notice of appeal, substantially in the form prescribed, shall be filed with the Snohomish
County District Court – Cascade Division Marysville municipal court and the chief of police not
more than five business days after service of the order to abate a nuisance, potentially dangerous
dog declaration, or dangerous dog declaration. Failure to timely file a notice of appeal shall
constitute a waiver of the right to appeal the determination of the order to abate a nuisance,
potentially dangerous dog declaration, or dangerous dog declaration.
(b)
Form. An appeal pursuant to this chapter shall be written and shall conform substantially to the
following requirements:
(1)
A caption reading: "Appeal of ____," giving the names of all appellants participating in the appeal;
(2)
A brief statement setting forth the legal interest of each of the appellants involved in the notice and
order;
(3)
A brief statement in concise language of the specific order or action protested, together with any
material facts claimed to support the contentions of the appellant;
(4)
A brief statement in concise language of the relief sought, and the reasons why it is claimed the
protested order or action should be reversed, modified or otherwise set aside;
(5)
Signatures of all parties named as appellants, and their official mailing addresses; and
(6)
Certification (by signature of the appellant) that the appellant has read the appeal, and that to the
best of the appellant's knowledge, information, and belief, the appeal is well grounded in fact.
(c)
Scheduling of Hearing. Upon receipt of a timely filed notice of appeal, a hearing shall be
scheduled not more than sixty days from the date of the filing of the notice of appeal. Written
notice of the date of the hearing shall be sent to the appellant and respondent at least ten days
prior to the scheduled hearing date. The failure of the appellant to appear at the hearing shall
result in a denial of the appeal and upholding of the order to abate a nuisance, potentially
dangerous dog declaration, or declaration of dangerous dog.
(d)
Enforcement Stayed During Pendency of Appeal. Unless otherwise determined by the judge of the
Snohomish County District Court – Cascade Division Marysville municipal court, enforcement of
the order to abate a nuisance or declaration of dangerous dog shall be stayed during the
pendency of the appeal. However, if a dog is declared dangerous and impounded by animal
control, the court may require the continued impoundment of the dog during the pendency of the
appeal, or set conditions for the dog's release. If the appeal is denied, the owner shall be liable for
all costs incurred by the city for the impound.
(e)
Presentation of Evidence. At the appeal hearing, the judge shall take evidence relevant to the
order to abate a nuisance, potentially dangerous dog declaration, or dangerous dog declaration.
Testimony may be provided in the form of a signed written statement pursuant to RCW 9A.72.085.
(f)
Decision of the Court. The judge of the Snohomish County District Court – Cascade Division
Marysville municipal court may uphold, dismiss, or modify the order to abate a nuisance,
potentially dangerous dog declaration, or declaration of dangerous dog. A written order shall be
prepared and signed by the judge. The decision of the judge of the Snohomish County District
Court – Cascade Division Marysville municipal court shall be a final administrative decision
appealable to the Snohomish County superior court within thirty days of the final written order.
(Ord. No. 2011-014, § 8, 6-6-2011)
• 8.10.150 - Disposition of seized and removed animals—Bond
requirements.
Any owner whose domestic animal is seized and removed pursuant to
AMC 8.21.010 (Humane Care); 8.21.020 (Animal cruelty), AMC 8.10.040 (Potentially Dangerous)
or AMC 8.10.045 (Dangerous dogs) shall, upon a finding of probable cause by the Snohomish
County District Court – Cascade DivisionMarysville municipal court, be required to post a bond or
security within five days of such probable cause finding in an amount sufficient to provide for the
animal's care for a minimum of sixty days from the seizure date. Failure to post such bond or
security shall authorize the city of Arlington or its agent to euthanize the animal or find a
responsible person to adopt the animal. The city of Arlington may euthanize severely injured,
diseased, or suffering animals at any time.
(Ord. No. 2011-014, § 9, 6-6-2011)
• 8.10.160 - Impound procedures.
(a)
Authority. The animal control authority and its authorized representatives are authorized to
apprehend and impound any animals in violation of this chapter. If in the judgment of any licensed
veterinarian an impounded animal is in need of immediate medical attention, such medical
procedures shall take place and the cost of such procedure(s) shall be at the sole expense of the
owner.
(b)
Notice of Impound. When any licensed animal is impounded, the officer or department impounding
such animal shall notify the owner of the impoundment and the reason therefore by mail,
telephone or by leaving written notice at the address contained in the license application. It shall
be the owner's responsibility to take such measures for redeeming such animal. Neither the city
nor any officer or agent of the city shall be legally or financially responsible for failing to notify an
animal owner under this chapter. Should an unlicensed animal be impounded, animal control shall
take reasonable attempts to notify the owner of the impoundment and the reason therefore by
mail, telephone or by leaving written notice at the address where the animal was impounded.
(c)
Redemption of Animals by Owner. Unless otherwise provided in this chapter, the owner of an
impounded animal may redeem the animal at any time prior to the release for adoption or disposal
by the city and shall be entitled to the possession thereof upon payment of all legal charges and
expenses incidental to impound and keeping of said animal. To redeem an unlicensed animal the
owner shall provide proof of ownership and license the animal prior to redemption.
(d)
Adoption of Impounded Animals. If an impounded animal is known to belong to someone who has
been unable to claim the animal within seventy-two hours the animal control authority may, at its
discretion, extend the impound period for up to ten days prior to release of the animal for adoption.
(e)
Disposition. Any animal not redeemed or adopted may be destroyed or otherwise disposed of by
the animal control authority. The mayor is authorized to enter into contracts for disposal with
appropriate agencies, not including vivisectionists.
(f)
Disposal of Certain Animals. It is lawful for any police officer or animal control officer to kill any
dangerous or vicious dog or other animal found at large which cannot, in their judgment, be safely
taken up and impounded.
(g)
Impounding Sick or Injured Animals. When in the judgment of a licensed veterinarian or the animal
control authority, an animal should be destroyed for humane reasons; such animal may not be
redeemed. The animal control authority or its agents shall not be held liable for the destruction of
said animal.
(h)
Hindrance to Impounding. No person shall willfully:
(1)
Prevent or hinder the impounding of any animal found in violation of this chapter;
(2)
Remove the animal from the designated shelter without the authority of the chief of police, the
animal control authority or the officer in charge of the designated shelter;
(3)
Remove the animal from the designated shelter without paying all lawful charges against the
animal; or
(4)
Resist or obstruct the animal control authority or its officers in the performance of its duties.
*** AMC 8.10.010 makes this a crime already***
(Ord. No. 2011-014, § 10, 6-6-2011)
• 8.10.170 - Penalties—Infraction unless otherwise designated.
Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall
constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of
infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The
penalty for violation of a provision of this chapter shall be one hundred dollars. The penalty for a
second or subsequent offense in violation of the provision of this chapter within two years shall be
two hundred fifty dollars.
(Ord. No. 2011-014, § 11, 6-6-2011)
• 8.10.200 - Reserved.
Editor's note— Ord. No. 2011-014, § 4, adopted June 6, 2011, repealed § 8.10.200, which
pertained to violation—penalty and derived from Ord. 1371, § 1, 2005; Ord. No. 2010-005, § 14,
adopted Feb. 16, 2010.
• Chapter 8.13 - REGULATION OF DOGS
• 8.13.010 - Transfer of dog ownership.
Whenever the ownership of a dog changes the new owner shall notify the licensing agency
within thirty days and shall pay a fee as adopted by council resolution, whereupon the licensing
agent shall change the records and the previously issued license shall remain valid for the
remainder of the license year.
(Ord. 1371 §1(part), 2005).
• 8.13.020 - Confining dogs in heat.
The owner or person having charge of any unaltered female dog shall confine such dog in a
building or enclosed area during the period such dog is in heat. Any person who violates this
section shall be committing a nuisance punishable in accordance with AMC Section 8.10.200.
(Ord. 1371 §1(part), 2005).
• 8.13.030 - Right of entry and inspection onto private property.
Law enforcement officers or any person authorized by the chief of the Arlington police
department may enter private property:
(1)
For any reason provided for in this chapter;
(2)
With consent of the owner or any adult occupant of any premises, an officer may enter and inspect
the premises where an animal lives to determine compliance with the provisions of this chapter;
(3)
An animal control authority may use reasonable force to forcibly enter the private property or
vehicle of another in the absence of the owner or occupant when, in the officer's judgment, an
animal on such premises needs emergency assistance to prevent an animal's death or serious
injury;
(4)
An animal control authority may enter the private property of another to enforce this chapter with a
search warrant or when authorized by law;
(5)
An animal control authority is authorized to remove and impound any animal left in a motor vehicle
at any location when the officer reasonably believes the animal is confined in conditions that
endanger its health or safety. Notice of the impounding and disposition of the animal will be left in
plain view with the vehicle;
(6)
An animal control authority in hot pursuit may enter the private property of another, with or without
a warrant, to take possession of an animal observed to be at large;
(7)
A police officer in pursuit of a dog known to be a dangerous or potentially dangerous dog or
reasonably suspected of being dangerous to persons other than wrongful trespassers upon his or
her owner's premises may enter the premises of the owner and demand possession of such
animal and if, after request therefore, the owner or keeper of the dog shall refuse to deliver the
dog to the officer and the officer cannot with reasonable safety catch the animal, he or she may
then obtain a search warrant authorizing the seizure and impoundment of the dog; except as set
forth herein, the officer shall not enter the residence of the owner without permission or a warrant.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 15, 2-16-2010)
• 8.13.040 - Impoundment procedure—Generally.
(a)
Any police officer, or any person authorized by the chief of the Arlington police department, is
authorized to take into custody and impound any dog in any of the following situations:
(1)
As described previously in this chapter;
(2)
When a dog is on public property or the private property of another and the caretaker or said
private property owner requests that the dog be removed; if the owner or keeper of the dog(s)
cannot be quickly and easily located or is unknown;
(3)
When a dog is brought to the police department by a private citizen who has found the dog;
(4)
When a dog has been declared potentially dangerous or dangerous pursuant to this chapter
and/or state law and is at large again, or any aggressive or vicious dog that is at large, or has
otherwise violated restrictions placed upon it, or which is in violation of the restrictions for a dog of
that classification;
(5)
The dog has been subjected to cruel treatment to the extent that removal is necessary for
immediate safety and well-being of the animal;
(6)
The dog's owner or keeper is incapable or unable to continue to care for it because of
incarceration, severe illness, death, house fire or other emergency circumstances and an agent for
the owner cannot be readily located; or
(7)
The dog has bitten a person, breaking or puncturing the skin, and the owner and/or keeper is
unable, incapable or unwilling to provide the ten-day quarantine requirements. If such a dog is
found at large the owner will be deemed unable to quarantine and it can be impounded.
(b)
Impounding Sick or Injured Animals. Whenever animals that are impounded by the animal control
authority are sick or injured and are treated by a licensed veterinarian, the owner of the animal
shall be liable for all costs associated with the treatment.
(c)
Notice of Impounding. When any animal is impounded and the owner of the animal can be
reasonably determined, the authority impounding the animal shall attempt to give notice to the
owner by telephone or by leaving written notice at the address of the owner if the location is within
the city of Arlington. However, it shall be the responsibility of the owner to ascertain that their
animal has been impounded and to take such measures to redeem the animal. Neither the city nor
any officer or agent of the city shall be responsible for failing to notify an animal owner under this
chapter.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 16, 2-16-2010)
• 8.13.050 - Impoundment—Fees.
(a)
For every dog impounded pursuant to this chapter, there shall be paid to the police department, by
any person desiring to redeem such animal, the total fees, as set by a fee resolution, before the
dog is released from impoundment. For a dog unlicensed at the time of the current impoundment,
the fees set forth above shall be increased by fifty percent. In addition, a current dog license must
be obtained before the dog is released.
(b)
In addition to the impoundment fee, the animal control authority may require payment of a
reasonable amount per day per dog for costs of boarding. For purposes of this section, a day shall
consist of each twenty-four hour period or any portion thereof calculated from the time the dog is
initially impounded. This amount shall be set in accordance with the boarding fee provided in the
contract between the city of Arlington and the animal control authority and shall be paid prior to the
release of the animal.
(Ord. 1371 §1(part), 2005).
• 8.13.060 - Removing without permission.
It is unlawful for any person to remove an animal from the property of another without the
animal owner's permission or to remove any detained animal from the custody of the police
department.
(Ord. 1371 §1(part), 2005).
• 8.13.070 - Chasing vehicles or cyclists.
It is unlawful for an owner of a dog to fail to prevent the dog from chasing or jumping on or at
moving vehicles or cyclists lawfully using any public rights-of-way or public properties. Any such
dog is declared to be a nuisance and may be immediately seized and impounded. The owner of
said dog shall be subject to the penalty provided for in AMC Section 8.13.100.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 17, 2-16-2010; Ord. No. 2011-014, § 13, 6-6-2011)
• 8.13.080 - Threat to pedestrians or cyclists.
It is unlawful for an owner of a dog to fail to prevent the dog from snarling, growling, snapping
at, or threatening any passersby or other domestic animals lawfully upon any public rights-of-way
or public properties. Any such dog is declared to be a nuisance and may be immediately seized
and impounded. The owner of said dog shall be subject to the penalty provided for in Section
8.13.100 of this chapter.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 18, 2-16-2010; Ord. No. 2011-014, § 14, 6-6-2011)
• 8.13.090 - Dogs prohibited—Locations.
It is unlawful for the owner or keeper of any dog to permit such dog to enter a place where
food is stored, prepared, served or sold to the public; provided, this section shall not apply to dogs
trained to aid the handicapped.
(Ord. 1371 §1(part), 2005).
• 8.13.100 - Penalties—Infraction unless otherwise designated.
Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall
constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of
infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The
penalty for violation of a provision of this chapter shall be one hundred dollars. The penalty for a
second or subsequent offense in violation of the provision of this chapter within two years shall be
two hundred fifty dollars.
(Ord. No. 2011-014, § 15, 6-6-2011)
• 8.13.200 - Reserved.
Editor's note— Ord. No. 2011-014, § 16, adopted June 6, 2011, repealed § 8.13.200, which
pertained to violation and penalty and derived from Ord. 1371, § 1, 2005.
• Chapter 8.17 - REGULATION AND CONTROL OF OTHER
ANIMALS
• 8.17.010 - Keeping animals in the city—General regulations.
(a)
Any person being the owner or entitled to the possession of any animal, be it livestock or of the
species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the
city except if the same is now or may be hereafter forbidden by ordinance or statute, provided that
the following conditions are adhered to.
(1)
Livestock are prohibited in all areas other than those defined in Arlington Municipal Code Chapter
20, Table 20.40-1, permissible use code 14.120.
(2)
Livestock shall be kept by securely confining the same in a stable or other building; or an
enclosure surrounded by a secure, well built fence of sufficient height and strength to confine such
animal therein; or the same may be securely staked in such manner that it cannot get upon any
street, alley, or other public place within the city or near enough to the property of another to do
damage thereto or commit any nuisance thereupon. Any such animal shall be considered as
running at large when it breaks away from its fastenings or is herded or permitted to feed upon any
public rights-of-way or public properties.
(3)
All species of fowl, rabbit or pot bellied pigs shall be kept in a building, pen or enclosure. All such
structures must be set back at least ten feet from any residential structure on an adjacent lot. Any
building, pen or enclosure which houses such animals shall be kept clean, healthful and free from
unsanitary conditions and disagreeable odors.
(4)
All feed or food products shall be kept in secure, tightly sealed, rodent proof containers.
(5)
All manure and other refuse must be kept in secure, tightly sealed containers and disposed of at
least once a week in a manner approved by the animal control officer.
(b)
Chickens may be kept within the city limits of Arlington, provided:
(1)
No more than seven hens, including chickens and chicks, may be kept per single-family residential
lot.
(2)
No roosters are allowed.
(3)
Henhouses, coops and chicken tractors must be set back at least ten feet from any residential
structure on an adjacent lot.
(4)
Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept clean and
maintained so that dust, manure and odors are not detectable beyond any property line.
(5)
Henhouses, coops and chicken tractors including chicken runs shall not exceed two hundred
square feet in size and shall not exceed seven feet in height at the structure's highest point.
(c)
Hives or colonies of bees may be kept within the city limits of Arlington, provided:
(1)
All colonies must be registered with the director of the department of agriculture of the state of
Washington as provided in RCW 15.60.021.
(2)
All hives must be moveable frame hives.
(3)
A maximum of two hives are permitted if the lot is fifteen thousand square feet or less.
(4)
A maximum of five hives are permitted if the lot is between than fifteen thousand square feet and
thirty-five thousand square feet.
(5)
A maximum of fifteen hives are permitted if the lot is more than thirty-five thousand square feet.
(6)
Hives may not be located within ten feet of the property line.
(d)
If any and all premises whereon any such animals are confined or kept are not kept in the manner
provided in this chapter, such officer or officers shall at once notify the persons owning,
possessing, or using the premises for such purpose to place the same in a safe, secure, clean,
healthful, and sanitary condition, and such person shall forthwith comply with such order.
(e)
Any animal owner who resides within the city and who legally owns one or more animals or
maintains any property usage as of the effective date of this ordinance on August 17, 2011, whose
ownership of an animal or use of property would otherwise be a violation of this subsection may
continue to own said animal or animals and maintain said use as a valid pre-existing use. The
person must maintain veterinary records, acquisition papers for the animal, if available, or other
documents or records that establish that the person legally owned or maintained the animal and/or
maintained said use prior to August 17, 2011, and present the paperwork to an animal control or
law enforcement authority upon request. The person shall have the burden of proving that he or
she owned the animal and/or maintained the use of the property prior to August 17, 2011.
(f)
Reserved.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 19, 2-16-2010; Ord. No. 2011-022, § 1, 8-8-2011; Ord. No. 2017-003, § 1,
3-6-2017)
• 8.17.020 - Potentially dangerous wild animals—Prohibited.
(a)
A person shall not own, possess, keep, harbor, or have custody or control of a potentially
dangerous wild animal, except as provided in subsection (c) of this section.
(b)
A person shall not breed a potentially dangerous wild animal.
(c)
A person in legal possession of a potentially dangerous wild animal prior to July 22, 2007, and
who is the legal possessor of the animal may keep possession of the animal for the remainder of
the animal's life. The person must maintain veterinary records, acquisition papers for the animal, if
available, or other documents or records that establish that the person possessed the animal prior
to July 22, 2007, and present the paperwork to an animal control or law enforcement authority
upon request. The person shall have the burden of proving that he or she possessed the animal
prior to July 22, 2007.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 20, 2-16-2010; Ord. No. 2011-014, § 17, 6-6-2011)
• 8.17.050 - Hitching of horses prohibited in business or commercial
districts.
It is unlawful for any person to leave a horse tied, fastened or hitched to any object in a
business or commercial zone of the city.
(Ord. 1371 §1(part), 2005).
• 8.17.060 - Driving or riding animals so as to endanger persons or
property.
It is unlawful for any person to drive, herd or ride a horse or other livestock in the city in such
a manner as to endanger or to be likely to endanger any person or property, or to drive or ride a
horse or other livestock upon any sidewalk in the city at all, or any street within a business or
commercial district of the city; provided, that this section shall not prohibit any person from driving
or herding livestock in a safe manner consistent with reasonable farming or ranching practices;
and provided further, that it is not unlawful to ride, lead or allow such animals on said streets
during authorized parades, or permitted special events.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 23, 2-16-2010)
• 8.17.100 - Penalties—Infraction unless otherwise designated.
Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall
constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of
infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The
penalty for violation of a provision of this chapter shall be one hundred dollars. The penalty for a
second or subsequent offense in violation of the provision of this chapter within two years shall be
two hundred fifty dollars.
(Ord. No. 2011-014, § 18, 6-6-2011)
• 8.17.200 - Reserved.
Editor's note— Ord. No. 2011-014, § 19, adopted June 6, 2011, repealed § 8.17.200, which
pertained to violation and penalty and derived from Ord. 1371, § 1, 2005.
• Chapter 8.21 - ANIMAL CRUELTY
• 8.21.005 -Adoption of state statutes
The following state statutes, including all future amendments, additions or
deletions, are hereby adopted by reference:
(a) RCW 16.52.011 – Definitions—Principles of Liability.
(b) RCW 16.52.015 – Enforcement—Law enforcement agencies and
animal care and control agencies.
(c) RCW 16.52.020 – Humane Societies—Enforcement authority.
(d) RCW 16.52.025 – Humane Societies—Animal control officers.
(e) RCW 16.52.080 – Transporting or confining in unsafe manner—
Penalty.
(f) RCW 16.52.085 – Removal of animals for feeding and care—
Examination—Notice—Euthanasia.
(g) RCW 16.52.090 – Docking horses—Misdemeanor.
(h) RCW16.52.095 – Cutting ears—Misdemeanor.
(i) RCW 16.52.100 – Confinement without food and water—
Intervention by others.
(j) RCW 16.52.110 – Old or diseased animals at large.
(k) RCW 16.52.165 – Punishment—Conviction of misdemeanor.
(l) RCW 16.52.180 – Limitations on application of chapter.
(m) RCW 16.52.185 – Exclusions from chapter.
(n) RCW 16.52.190 – Poisoning animals—Penalty.
(o) RCW 16.52.193 – Poisoning animals—Strychnine sales—
Records—Report on suspected purchases.
(p) RCW 16.52.200 – Sentences—Forfeiture of animals—Liability for
costs—Penalty—Education, counseling.
(q) RCW 16.52.207 – Animal cruelty in the second degree—Penalty.
(r) RCW 16.52.210 – Destruction of animal by law enforcement
officer—Immunity from liability.
(s) RCW 16.52.225 – Nonambulatory livestock—Transporting or
accepting delivery—Gross misdemeanor—Definition.
(t) RCW 16.52.230 – Remedies not impaired.
(u) RCW 16.52.300 – Dogs or cats used as bait—Seizure—
Limitation.
(v) RCW 16.52.305 – Unlawful use of hook—Gross misdemeanor.
(w) RCW 16.52.310 – Dog breeding—Limit on the number of dogs—
Required conditions—Penalty—Limitation of section—Definitions.
(x) RCW 16.52.340 – Leave or confine any animal in unattended
motor vehicle or enclosed space—Class 2 civil infraction—
Officers’ authority to reasonably remove animal.
• 8.21.010 - Humane care—Violations declared unlawful.
It is unlawful for a person to:
(1)
Willfully and inhumanely injure or kill any animal by any means;
(2)
Negligently or intentionally cause or fail to alleviate any pain, suffering or injury of any animal,
including but not limited to failing to provide the animal with sufficient food and water, proper
shelter, rest, sanitation, ventilation, and veterinary care when needed to prevent suffering, and the
animal suffers unnecessary or unjustifiable physical pain as a result of the failure;
(3)
Willfully or maliciously lay out or leave poison, or otherwise expose any wild or domestic animal to
poison or aid or abet any person in so doing, unless in accordance with the provisions of RCW
16.52.190; provided, that this section shall not apply to the killing by poison of such animal in a
lawful and humane manner by the owner of the animal or by a duly authorized servant or agent of
the owner, or by a person acting pursuant to instructions from a duly constituted public authority;
(4)
Abandon any domestic animal by leaving the animal on the street, road or highway, or in any other
public place, or on the private property of another;
(5)
Confine an animal within a motor vehicle under conditions that may endanger the health or well -
being of the animals, including but not limited to extreme temperatures, or lack of food, water or
attention. Any animal control or police officer is authorized to remove an animal from a motor
vehicle, at any location, when the officer reasonably believes the animal is confined in violation of
this subsection. The removing officer shall leave written notice of the removal and delivery,
including the officer's name, in a conspicuous, and secure location on or within the vehicle; or
(6)
Hunt any wild animal during a legal season for that animal within the boundaries of the city.
(Ord. 1371 §1(part), 2005).
• 8.21.020 - Cruelty.
Every person who overdrives or overloads, or overworks; tortures, torments, or deprives of
necessary sustenance; beats, mutilates, or cruelly kills; or causes, procures, authorizes, requests
or encourages any such act of cruelty and whoever having the charge or custody of any animal,
either as owner or otherwise, inflicts unnecessary suffering or pain upon the same, or
unnecessarily fails to provide the same with proper food, drink, air, light, space, shelter, or
protection from the weather, or who willfully and unreasonably drives the same when unfit for labor
or in a state of discomfort, or who abandons any animal is guilty of a gross misdemeanor,
punishable in accordance with AMC Section 1.04.010.
(Ord. 1371 §1(part), 2005).
(Ord. No. 2010-005, § 24, 2-16-2010)
• 8.21.100 - Violation and penalty.
Unless otherwise set forth in the chapter, Ffailure to comply with any provision of this chapter
shall be a gross misdemeanor subject to a term of not more than three hundred and sixty-four
ninety days, a fine of not more than fiveone thousand dollars, any fees incurred by the city in the
course of the impound, or both a fine and imprisonment.
(Ord. 1371 §1(part), 2005).
Chapter 9.04 - GENERAL PROVISIONS
• 9.04.010 - Retroactive effect and construction.
(a) The provisions of Revised Chapter 9.04 through 9.52 of Title 9 of the Arlington Municipal
Code do not apply to or govern the construction of a punishment for any offense committed prior
to the effective date of this ordinance, or to the construction and application of any defense to a
prosecution for such an offense. Such an offense must be construed and punished according to
the provisions of law existing at the time of the commission thereof in the same manner as if this
chapter had not been enacted.
(b) When a state statute is adopted by reference and the statute uses the word "Title" or words
"the title," these words will be construed to mean and refer to the title of the Revised Code of
Washington from which the state statute is adopted.
(c) The Chapters and Sections of Title 9 of the Arlington Municipal Code which are adopted by
reference from the Revised Code of Washington will be construed consistently with judicial
decisions about state law.
(Ord. 1289 §§1, 2, 2002).
• 9.04.020 - Principles of liability.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.08.010, General requirements of culpability.
(b) RCW 9A.08.020, Liability for conduct of another-Complicity.
(c) RCW 9A.08.030, Criminal liability of corporations and persons acting or under a duty to act in
their behalf.
(Ord. 1289 §§1, 2, 2002).
• 9.04.030 - Defenses.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.12.010, Insanity.
(b) RCW 9A.16.010, Definition.
(c) RCW 9A.16.020, Use of Force-When lawful.
(d) RCW 9A.16.040, Justifiable homicide or use of deadly force by public officer, peace officer,
person aiding.
(e) RCW 9A.16.060, Duress.
(f) RCW 9A.16.070, Entrapment.
(g) RCW 9A.16.080, Action for being detained on mercantile establishment premises for
investigation-"Reasonable grounds" as defense.
(h) RCW 9A.16.090, Intoxication.
(i) RCW 9A.16.100 Use of force on children-Policy-Actions presumed unreasonable.
(Ord. 1289 §§1, 2, 2002).
• 9.04.040 - Contempt.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 7.21.010, Definitions.
(b) RCW 7.21.020, Sanctions-Who may impose.
(c) RCW 7.21.030, Remedial sanctions-Payment for losses.
(d) RCW 7.21.040, Punitive Sanctions-Fines.
(e) RCW 7.21.050, Sanctions-Summary imposition-Procedure.
(f) RCW 7.21.060, Administrative, actions or proceedings-Petition to court for imposition of
sanctions.
(g) RCW 7.21.070, Appellant review.
(Ord. 1289 §§1, 2, 2002).
• 9.04.050 - Anticipatory offenses prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.28.020(1), (2), (3)(d), (3)(e), Criminal attempt.
(b) RCW 9A.28.030, Criminal solicitation.
(c) RCW 9A.28.040(1), (2), (3)(d), (3)(e), Criminal conspiracy.
(Ord. 1289 §§1, 2, 2002).
• 9.04.060 - Penalty.
(a) Any person convicted of a gross misdemeanor will be punished by a fine not to exceed five
thousand dollars or by imprisonment in jail for a term not to exceed three hundred and sixty-four
days one year, or by both such fine and imprisonment.
(b) Unless otherwise provided, any person convicted of violating the provisions of this chapter will
be guilty of a misdemeanor and will be punished by a fine not to exceed one thousand dollars or
by imprisonment in jail for a term not to exceed ninety days, or by both such fine and
imprisonment.
(c) A person who is convicted of a misdemeanor violation of any provision of RCW Ch. 69.50
adopted by reference by the City of Arlington will be punished by imprisonment for not less than
twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On a
second or subsequent conviction, the fine will not be less than five hundred dollars. These fines
will be in addition to any other fine or penalty imposed. Unless the court finds that the imposition
of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental
well-being or that local jail facilities are in an overcrowded condition, the minimum term of
imprisonment will not be suspended or deferred. If the court finds such risk or overcrowding
exists, it will sentence the defendant to a minimum of forty hours of community service. If a
minimum term of imprisonment is suspended or deferred, the court will state in writing the reason
for granting the suspension or deferral and the facts upon which the suspension or deferral is
based. Unless the court finds the person to be indigent, the minimum fine will not be suspended
or deferred.
(Ord. 1289 §§1, 2, 2002).
• 9.04.070 Adoption of state code generally.
All misdemeanor and gross misdemeanor criminal behavior and the penalties therefore as defined by the state
of Washington, Revised Code of Washington, are adopted by reference by the city of Arlington.
There are adopted by reference all provisions of any enactment of the State Legislature not previously adopted
by reference, and establishing a misdemeanor or gross misdemeanor, otherwise enforceable by the state of
Washington within the city of Arlington, to become a misdemeanor or gross misdemeanor of the city of
Arlington, and to the extent otherwise enforceable by the state of Washington, shall likewise be enforceable by
the city of Arlington, through its police department and its prosecuting authority, all in the same manner and
fashion as such enactment may be enforced or prosecuted in the name of the state.
Chapter 9.08 - CRIMES RELATING TO PERSONS
• 9.08.010 - Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9A.36.041, Assault in the fourth degree.
(2) RCW 9A.36.050, Reckless endangerment.
(3) RCW 9A.36.070, Coercion.
(4) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(5) RCW 9A.36.160, Failing to summon assistance.
(6) RCW 9A.36.161, Penalty.
(7) RCW 9.61.230, Telephone harassment.
(8) RCW 9.61.240, Telephone harassment—Permitting telephone to be used.
(9) RCW 9.61.250, Telephone harassment—Offenses, where deemed committed.
(10) RCW 9.61.260, Cyberstalking.
(11) RCW 10.99.020, Definitions.
(12) RCW 10.99.030, Law enforcement officers—Training, powers, duties—Domestic violence
reports.
(13) RCW 10.99.040, Duties of court—No-contact order.
(14) RCW 10.99.055, Enforcement of orders.
(15) RCW 10.99.060, Prosecutor's notice to victim—Description of available procedures.
(16) RCW 26.09.300, Restraining orders—Notice—Refusal to comply—Arrest—Penalty—
Defense—Peace officers, immunity.
(17) RCW 26.10.220, Restraining orders —Notice—Refusal to comply—Arrest—Penalty—
Defense—Peace officers, immunity.
(18) RCW 26.44.067, Temporary restraining order or preliminary injunction—Contents—Notice—
Noncompliance—Defense—Penalty.
(19) RCW 26.50.010, Definitions.
(20) RCW 26.50.110, Order—Transmittal to law enforcement agency—Record in law
enforcement information system—Enforceability.
(21) RCW 26.50.120, Violation of order—Prosecuting attorney or attorney for municipality may be
requested to assist—Costs and attorney's fee.
(22) RCW 26.50.140, Peace officers—Immunity.
(Ord. 1383 §1, 2005: Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 1, 3-18-2010)
• 9.08.020 - Menacing.
A person is guilty of menacing when he or she knowingly causes or attempts to cause
another person to believe that he or she or any member of his or her family will be the victim of
serious physical injury or death. Menacing is a gross misdemeanor.
(Ord. 1289 §§1, 2, 2002).
• 9.08.030 - Reserved.
Editor's note— Ord. No. 2014-010, § 1, adopted July 7, 2014, repealed § 9.08.030 in its entirety.
Former § 9.08.030 pertained to aggressive begging and was derived from Ord. No. 1289 § 2,
adopted 2002 and Ord. No. 2010-006, § 2, adopted March 18, 2010.
• 9.08.040 - Harassment.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.46.020, Definition-Penalties.
(b) RCW 9A.46.030, Place where committed.
(c) RCW 9A.46.040, Court-Ordered requirements upon person charged with crime-Violation.
(d) RCW 9A.46.050, Arraignment-No-contact order.
(e) RCW 9A.46.060, Crimes included in harassment.
(f) RCW 9A.46.070, Enforcement of orders restricting contact.
(g) RCW 9A.46.080, Order restricting contact-Violation.
(h) RCW 9A.46.090, Nonliability of peace officer.
(i) RCW 9A.46.100, "Convicted," time when.
(j) RCW 9A.46.110, Stalking.
(Ord. 1289 §2, 2002).
• 9.08.050 - Custodial interference.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 9A.40.070, Custodial interference in the second degree.
(b) RCW 9A.40.080, Custodial interference-Assessment of costs-Defense-Consent defenses,
restricted.
(Ord. 1289 §2, 2002).
• 9.08.060 - Violation of civil anti-harassment orders.
It is a gross misdemeanor to willfully disobey a temporary or permanent anti-harassment
order issued pursuant to RCW Ch. 10.14.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW Ch. 10.14
(Ord. 1289 §2, 2002).
Chapter 9.12 - CRIMES RELATING TO CHILDREN AND MINORS
• 9.12.010 - Statute adopted.
The following state statutes, including all future amendment additions or deletions, are
adopted by reference:
(1) RCW 9.68A.090, Communicating with a minor for immoral purposes.
(2) RCW 9A.42.037, Criminal mistreatment in the fourth degree.
(3) RCW 13.32A.080, Unlawful harboring of a minor—Penalties—Defense—Prosecution of adult
for involving child in commission of offense.
(Ord. 1289 §2, 2002).
(Ord. No. 2011-019, § 1, 6-20-2011)
• 9.12.020 - Leaving children unattended.
It is unlawful for any person having the care, custody and/or control of minor children under
the age of eight years, to leave such children in a parked automobile unless attended by a person
over the age of twelve years, while such vehicle is standing upon a street or alley or in a public
place. Every person convicted of a violation of the provisions of this section will be guilty of leaving
children unattended, a misdemeanor.
(Ord. 1289 §2, 2002).
Chapter 9.16 - CRIMES RELATING TO PUBLIC MORALS
• 9.16.010 - Definitions.
The following words, terms and phrases, when used in this article, will have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
"Act of prostitution" means engaging, offering, or agreeing to engage in sexual contact or
sexual conduct with any person in return for a fee.
"Actor" means a person who engages in conduct in violation of this article.
"Exposed" means the state of being revealed, exhibited or otherwise rendered to public view.
"Expressive dance" means any dance which, when considered in 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, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently
offensive way and lacks serious literary, artistic, political or scientific value.
"Fee" means money, any negotiable instrument, any good or service having value, or any
other consideration.
"Known prostitute or panderer" means a person who, within one year prior to the date of
arrest for a violation of this article, has been convicted of violating any ordinance or law of any
jurisdiction within the state of defining and punishing acts of soliciting, committing or offering or
agreeing to commit prostitution.
"Person" means and include natural persons of either sex, firms, corporations and all
associations of natural persons, whether acting by themselves or by an agent, servant or
employee.
"Sexual conduct" means:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however
slight; or
2. 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
3. Any act of 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
4. Masturbation; manual or instrumental, of one person by another.
"Sexual contact" means any touching of the sexual or other intimate parts of a person done
for the purpose of gratifying sexual desire of either party.
(Ord. 1289 §2, 2002).
• 9.16.020 - Indecent exposure.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 9A.88.010, Indecent exposure.
(a) A person is guilty of indecent exposure if he or she intentionally makes any open and
obscene exposure of his or her person to the person of another knowing that such conduct is
likely to cause reasonable affront or alarm.
(b) Indecent exposure is a misdemeanor unless such person exposes himself or herself to a
person under the age of 14 years in which case indecent exposure is a gross misdemeanor.
(Ord. 1289 §2, 2002).
• 9.16.030 - Locations of performers providing certain forms of
entertainment restricted.
No entertainer will appear in any public place while unclothed or with any portion of the
buttocks, genitals, pubic region or female breasts exposed, except upon a stage or other surface
raised at least eighteen inches above the level of the floor upon which the closest patrons are
seated or standing, nor closer than six feet from the nearest patron. Any violation of this section is
a misdemeanor.
(Ord. 1289 §2, 2002).
• 9.16.040 - Prostitution—Unlawful acts, penalty.
It is unlawful for anyone to:
(a) Intentionally engage in or offer or agree to engage in an act of prostitution; or
(b) Intentionally secure or offer to secure another person for the purpose of engaging in an act of
prostitution; or
(c) To intentionally transport a person into or within the city with the purpose of promoting that
person's engaging in an act of prostitution, or procuring or paying for transportation with that
purpose; or
(d) Intentionally receive, offer or agree to receive a person into any place or building for the
purpose of performing an act of prostitution, or to knowingly permit a person to remain there for
any such purpose; or
(e) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution;
or
(f) Intentionally in any way aid, abet or participate in an act of prostitution; or
(g) Remain in or near any street, sidewalk, alleyway or other place open to the public with the
intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of
prostitution. Among the circumstances which may be considered in determining whether the actor
intends such prohibited conduct are:
(1) That the actor is a known prostitute or panderer.
(2) The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in
conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving
of arms or any other bodily gesture.
(3) The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts
to stop pedestrians.
(4) The actor inquires whether a potential patron, procurer or prostitute 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; or
(h) Intentionally enter or remain in any area of prostitution in violation of a condition of probation.
Prostitution is a misdemeanor.
(Ord. 1289 §2, 2002).
• 9.16.050 - Probation violations.
(a) As used in this section, "probationer" means any person who, after conviction of a violation of
this article or RCW Ch.9A.88, has been placed on probation in connection with the suspension or
deferral of sentence by either a district or municipal court of this county or the county superior
court.
(b) Whenever a police officer has probable cause to believe that a probationer, prior to the
termination of the period of his or 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.
(Ord. 1289 §2, 2002).
• 9.16.060 - Prostitution—Sex of parties immaterial.
In any prosecution for prostitution, the sex of the two parties or prospective parties to the
sexual conduct engaged in, contemplated, or solicited is immaterial and, therefore, no defense
exists based upon the sex of the parties.
(Ord. 1289 §§1, 2, 2002).
• 9.16.070 - Patronizing a prostitute.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 9A.88.110, Patronizing a prostitute.
A person is guilty of the misdemeanor of patronizing a prostitute if:
(a) Pursuant to a prior understanding he or she intentionally pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct or sexual
contact with him or her; or
(b) He or she intentionally pays or agrees to pay a fee to another person pursuant to an
understanding that in return therefor such person will engage in sexual conduct or sexual contact
with him or her; or
(c) He or she intentionally solicits or requests another person to engage in sexual conduct or
sexual contact with him or her in return for a fee.
(Ord. 1289 §2, 2002).
• 9.16.080 - Sexual exploitation of children and minor access to erotic
materials.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(1) RCW 9.68A.011, Definitions.
(2) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit conduct.
(3) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit conduct—
Report required.
(4) RCW 9.68A.110(1),(2),(5), Certain defenses barred, permitted.
(5) RCW 9.68A.120, Seizure and forfeiture of property.
(6) RCW 9.68A.130, Recovery of costs of suit by minor.
(7) RCW 9.68A.150, Allowing minor on premises of live erotic performance—Penalty.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 3, 3-18-2010)
• 9.16.090 - Urinating in public.
(a) A person is guilty of urinating in public if he or she intentionally urinates or defecates in a
public place, other than a washroom or toilet room, or at a place and under circumstances where
such act could be observed by any member of the public.
(b) Urinating in public is a misdemeanor.
(Ord. 1289 §2, 2002).
• 9.16.100 - Reserved.
Chapter 9.20 - CRIMES RELATING TO PUBLIC PEACE AND
TRANQUILITY
• 9.20.010 - Disorderly conduct.
A person is guilty of disorderly conduct if he or she:
(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) Fights by agreement; except as a part of an organized athletic event.
Disorderly conduct is a misdemeanor.
(Ord. 1289 §2, 2002).
• 9.20.020 - Riot; failure to disperse; obstruction.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.84.010(1),(2)(b), Riot.
(b) RCW 9A.84.020, Failure to disperse.
(c) RCW 9.27.015, Interference, obstruction of any court, building or residence—Violations.
(Ord. 1289 § 2, 2002).
• 9.20.030 - Privacy, violating right of.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.73.010, Divulging telegram.
(2) RCW 9.73.020, Opening sealed letter.
(3) RCW 9.73.030, Intercepting, recording or divulging private communication—Consent
required—Exceptions.
(4) RCW 9.73.070, Persons and activities excepted from chapter.
(5) RCW 9.73.090, Certain emergency response personnel exempted from RCW 9.73.030
through 9.73.080—Standards—Court authorizations—Admissibility.
(6) RCW 9.73.100, Recordings available to defense counsel.
(7) RCW 9.73.080, Penalties.
(Ord. 1289 § 2, 2002).
(Ord. No. 2010-006, § 5, 3-18-2010)
• 9.20.040 - Malicious prosecution; abuse of process.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.62.010, Malicious prosecution.
(b) RCW 9.62.020, Instituting suit in name of another.
(Ord. 1289 § 2, 2002).
• 9.20.050 - Definitions.
For the purposes of Sections 9.20.060 through 9.20.120 of this chapter, the following
definitions shall apply:
"Loud and raucous" means any sound or combination of sounds that is above the
background sound level and is indiscriminate, disagreeably harsh, clamorous, blaring, or
discordant.
"Motor vehicle" includes licensed and unlicensed devices that are powered by an engine or
motor with the intention of carrying people or property.
"Public nuisance noise" means any unreasonable sound which unreasonably annoys, injures,
interferes with or endangers the comfort, repose, health or safety of others.
"Residential premises" includes houses, accessory dwelling units, multiple-family dwellings or
any place where people normally reside.
(Ord. 1320 § 2, 2004).
• 9.20.060 - Nuisance noise originating from private property or
premises not open to the public.
It is unlawful for any person to knowingly cause or make, or for any person in possession or
in control of property to knowingly allow to originate from private property or premises which are
not open to the public, any public nuisance noise. The following sounds or combination of sounds
are noises which are deemed to be public nuisance noise for purposes of this section:
(1) Loud and raucous, and frequent, repetitive or intermittently continuous use or a horn or siren
attached to a motor vehicle, except such sounds that are made to warn of danger or that are
specifically permitted or required by law;
(2) Loud and raucous, and frequent, repetitive or intermittently continuous sounds in connection
with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, race
vehicle, off-road vehicle, or internal combustion engine;
(3) Loud and raucous, and frequent, repetitive or intermittently continuous sounds made by the
use of a musical instrument or instruments, or other device capable of producing sound when
struck by an object, or a whistle, or a sound amplifier or other device capable of producing,
amplifying or reproducing sound;
(4) Operating a mobile or stationary sound amplification device for the purpose of emitting sound
to the public;
(5) Using, operating or permitting to be used, played or operated any radio, receiving set, musical
instrument, phonograph, compact disc player, or other machine or device for the producing or
reproducing of sound in such a manner as to unreasonably disturb the peace, quiet, and comfort
of the neighboring inhabitants. The operation of any such machine or device in such a manner
shall be prima facie evidence of a violation of this section when the sound is plainly audible:
(A) Off the private land where the sound originates, or
(B) Inside an adjoining residential premises;
(6) Any unreasonable or excessive noise near any public or private school, institute of learning,
public meeting place, church, health care facility, or court that is open or in session;
(7) Except for emergency situations affecting the health and safety of the occupants of a
premises, the following sounds when performed between the hours of ten p.m. and six a.m.:
(A) Sounds originating from any property relating to the maintenance or repair of structures,
grounds, landscaping, parking lots or appurtenances, including but not limited to sounds created
by lawn mowers, power tools, hammering or gardening.
(B) Yelling, screaming or loud human voices that are plainly audible inside an adjoining
residence;
(8) Unless specifically permitted by the city's building official, noise resulting from any
construction or development activity or the operation of any heavy equipment from seven p.m. to
seven a.m. Monday through Saturday;
(9) Noise which originates from property defined as a commercial district in AMC 20.36.020 or a
manufacturing district defined in AMC 20.36.030 and which meets or exceeds the noise levels set
out in Washington Administrative Code (WAC) Chapter 173-60. For purposes of determining
compliance with this section, the city adopts and incorporates by reference the following sections
of the WAC: 173-60-010, 173-60-020, 173-60-030, 173-60-040, and 173-60-050.
(Ord. 1320 § 3, 2004).
• 9.20.070 - Complaints and enforcement.
(a) When a complaint alleging a violation of AMC Section 9.20.060 is received by the police
department and is verified to be occurring by the responding police officer, the police officer will
give a warning to the offending person that such violations must stop. Failure to immediately
cease the violation or having repeat violations within a sixty-day period is a criminal violation and
the police officer may cite the offender.
(b) Whenever three or more persons living in separate residences state in writing that any person
is violating any provisions of this section, it may be considered a violation of this chapter and the
police department will forward the information to the city prosecutor for action.
(c) The content of the sound or noise will not be considered for purposes of this section.
(d) Any person violating any provision of this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine not to exceed two hundred fifty dollars or ninety
days in jail or both such fine and jail. Any second or subsequent violation shall be twice the
amount as the first offense.
(Ord. 1320 § 4, 2004).
• 9.20.080 - Nuisance noise originating from public property or
premises open to the public and or vehicles.
It is unlawful for any person to knowingly cause or make from public property or premises
which are open to the public, any public nuisance noise. For purpose of this section, public
nuisance noise shall include but not be limited to:
(1) Yelling, screaming or loud human voices originating from public property, or from premises
open to the public, between the hours of ten p.m. and six a.m., when said noise is plainly audible
from a distance of fifty feet or more. The content of the noise shall not be considered.
(2) Operating an electronic machine or device producing amplified sound is plainly audible at a
distance of fifty feet or more from the source.
(3) Noise from or created by a vehicle while on public property or premises open to the public by:
(A) Emitting amplified sound at a volume that is audible from fifty feet or more away from a
vehicle,
(B) Intentional squealing of tires, or
(C) Making sounds for any duration or frequency from the starting and/or running of the engine of
a racing vehicle.
(Ord. 1320 § 5, 2004).
• 9.20.090 - Enforcement and penalty.
Any violation of AMC Section 9.20.080 shall be a civil infraction subject to a monetary fine of
one hundred dollars. The fine will double in amount if: it is not paid within fifteen days of the
issuance of the infraction and the violation is neither contested nor a mitigation hearing requested,
according to procedures contained on the Notice of Infraction. Any such fine not paid after notice
of delinquency may be forwarded to a collection agency or may be collected by any means as
authorized by law.
(Ord. 1320 § 6, 2004).
• 9.20.100 - Exemptions.
The following sounds are exempt from the provisions of this chapter at all times:
(1) Noise which originates from a permitted special event;
(2) Noise which originates from aircraft in flight or otherwise lawful aviation functions;
(3) Noise which originates from fireworks that are allowed by law or permit; or
(4) Noise which originates from fire alarms, safety equipment or emergency equipment.
(Ord. 1320 § 7, 2004).
(Ord. No. 2010-006, § 6, 3-18-2010)
• 9.20.110 - Variance.
Any person may apply to the chief of police for a variance from the requirements of
Sections 9.20.050 through 9.20.100. Any such request for a variance shall be accompanied by
such information as the chief or his or her designee may require. Granting of a variance shall rest
in the reasonable discretion of the chief or his or her designee and shall not be a right of any
applicant. The chief may grant a variance if he or she, after considering the relative interests of the
applicant, other owners or possessors or property likely to be affected by the noise, and the
general public, finds that the noise does not endanger the public health or safety. In considering
any variance, the chief may consider whether compliance with the particular requirement or
requirements from which the variance is sought will require the taking of measures which, because
of their extent or cost, must reasonably be spread over a period of time. Any action by the chief on
a request for a variance shall be final unless a written appeal of that decision is filed with the city
clerk, accompanied by a fee as set forth by resolution of the city. All such appeals shall be heard
by the hearing examiner in accordance with the provisions of AMC Chapter 20.24.
(Ord. 1320 § 8, 2004).
• 9.20.120 - Civil enforcement.
Nothing contained in this chapter shall limit or restrict the authority of the city or any private
party to abate nuisance noises through civil proceedings in any court of competent jurisdiction.
(Ord. 1320 § 9, 2004).
Chapter 9.24 - CRIMES RELATING TO FIRE
• 9.24.010 - Reckless burning.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference.
(a) RCW 9A.48.010, Definitions.
(b) RCW 9A.48.050, Reckless burning in the second degree.
(c) RCW 9A.48.060, Reckless burning—Defenses.
(Ord. 1289 § 2, 2002).
• 9.24.020 - False fire alarms and miscellaneous crimes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.40.040, Operating engine or boiler without spark arrester.
(b) RCW 9.40.100, Injuring or tampering with fire alarm apparatus or equipment—Sounding false
alarm or fire.
(Ord. 1289 § 2, 2002).
Chapter 9.28 - CRIMES RELATING TO PROPERTY
• 9.28.010 - Theft, unauthorized issuance of bank checks and possession
of stolen property.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9A.56.010, Definitions.
(2) RCW 9A.56.020, Theft—Definition, defense.
(3) RCW 9A.56.050, Theft in third degree.
(4) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts.
(5) RCW 9A.56.063, Making or possessing motor vehicle theft tools.
(6) RCW 9A.56.096, Theft of rental, leased, lease-purchased, or loaned property.
(7) RCW 9A.56.140, Possessing stolen property—Definition—Presumption.
(8) RCW 9A.56.170, Possessing stolen property in the third degree.
(9) RCW 9A.56.220, Theft of cable television services.
(10) RCW 9A.56.230, Unlawful sale of cable television services.
(11) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(12) RCW 9A.56.270, Shopping cart theft.
(Ord. 1383 §2, 2005: Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 7, 3-18-2010; Ord. No. 2011-019, § 2, 6-20-2011)
• 9.28.020 - Malicious mischief and obscuring identity of machines.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9A.48.090, Malicious mischief in the third degree.
(2) RCW 9A.48.100(l), Malicious mischief—"Physical damage" defined.
(3) RCW 9A.48.105, Criminal street gang tagging and graffiti.
(4) RCW9A.48.110, Defacing a state monument.
(54) RCW 9A.56.180, Obscuring identity of a machine.
(Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 8, 3-18-2010)
• 9.28.030 - Trespass and related crimes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9A.52.010, Definitions.
(2) RCW 9A.52.060, Making or having burglar tools.
(3) RCW 9A.52.070, Criminal trespass in the first degree.
(4) RCW 9A.52.080, Criminal trespass in the second degree.
(5) RCW 9A.52.090, Criminal trespass—Defenses.
(6) RCW 9A.52.100, Vehicle prowling in the second degree.
(7) RCW 9A.52.120, Computer trespass in the second degree.
(8) RCW 9A.52.130, Computer trespass—Commission of other crime.
(9) RCW 9A.52.105, Removal of unauthorized persons—Declarations—Liability—Rights.
(10) RCW 9A.52.115, Removal of unauthorized persons—Declaration form—Penalty for false
swearing.
(Ord. 1289 §§1, 2, 2002).
• 9.28.040 - Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing to leave
public property, violations, when—Penalty.
(2) RCW 28A.635.030, Disturbing school, school activities or meetings—Penalty.
(3) RCW 28A.635.090, Interference by force or violence—Penalty.
(4) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or student by
threat of force or violence unlawful—Penalty.
(Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 9, 3-18-2010)
• 9.28.050 - Graffiti nuisance.
A. Graffiti Deemed Nuisance. Graffiti and other defacement of public and private property,
including walls, rocks, bridges, fences, gates and other structures, trees, and other real and
personal property within the city, constitute a nuisance. Although it is appropriate, where
possible, to request that the courts require people who are convicted of acts of malicious mischief
and vandalism involving the application of graffiti to public or private property to restore the
property so defaced, damaged or destroyed, oftentimes it is difficult to identify, or to identify and
convict, the wrongdoer. The continued presence of graffiti is a blight on the community. While
voluntary graffiti removal should be encouraged, where graffiti has not been promptly removed,
graffiti should be removed in accordance with the provisions of this chapter.
B. Definitions. For the purpose of this section, the following words shall have the following
meanings:
(1)"Abate" means the removal, painting over, or other obscuring of graffiti from view as directed
by the notice provided for in AMC 9.28.050 D(2).
(2)"Graffiti" means the defacing, damaging or destroying by spraying of paint or marking of ink,
chalk, dye or other similar substances on public or private buildings, structures, facilities, natural
features, and places.
(3)"Graffiti nuisance property" means property upon which graffiti exists and where, after notice
as provided by this chapter, the graffiti has not been abated by the deadline set in a notice as
established by the chapter.
(4)"Owner" means any entity or entities having a legal or equitable interest in real or personal
property including but not limited to the interest of a tenant or lessee.
(5)"Responsible party" means an owner, and also an entity or person acting as an agent for an
owner, or an entity or a person who has dominion and control over a property. There may be
more than one responsible party for a particular property.
C. Continued Presence of Graffiti an Infraction. It shall be a civil infraction for a responsible party
to allow a graffiti nuisance property to exist. Each day a graffiti nuisance property shall exist shall
be a separate infraction. A civil infraction under this chapter shall be punishable by a penalty of
one hundred dollars for each violation.
Notice of Removal.
(1) Whenever graffiti exists and is visible to any person of normal eyesight utilizing any public
road, parkway, alley, sidewalk or other facility open to the general public, the responsible person
shall abate such graffiti nuisance within forty-eight hours of the placement of the graffiti.
(2)Whenever the responsible party fails to abate and remove graffiti as set forth in subsection (1)
of this section, and whenever the chief of police or his/her designated representative determines
that graffiti exists, a notice shall be issued to the responsible person to abate the nuisance by a
stated deadline, which shall be no more than forty-eight hours after the date of the notice unless
weather or seasonal conditions require a longer deadline.
(3) The giving of notice as required by this section shall be accomplished by providing the notice
to the responsible party in any one of the following way:
(a)By personal service on the responsible party;
(b)By registered or certified mail, postage prepaid, properly addressed and mailed to the last
known address of the responsible party and to the address of where the graffiti exists.
(4) The notice shall be as established by the chief of police. The notice shall include a list of
community resources and references where the property owner may seek assistance in the
eradication of graffiti.
E. Appeal.
(1) The hearing examiner for the city of Arlington hereby is given jurisdiction to hear appeals of a
"Notice of Graffiti" or "notice of Graffiti Nuisance Property." An appeal shall be commenced by
filing a notice of appeal with the city clerk within ten days after the service of the "Notice of
Graffiti" or "Notice of Graffiti Nuisance Property" on the party or parties to whom the notice is
directed. If no appeal is filed within ten days, the "Notice of Graffiti" or "Notice of Graffiti Nuisance
Property" shall become final and conclusive, and not subject to appeal or review in any forum.
(2)In any appeal, the city shall have the burden to prove by a preponderance of the evidence that
the property contains graffiti, the named party is a responsible party, the deadline for abatement
is reasonable and should not be adjusted for weather or seasonal conditions, and the manner of
abatement is reasonable.
(3)If the hearing examiner finds that the property contains graffiti and that the named party is a
responsible party, but that either the manner of abatement is not reasonable, or the deadline
should be extended for seasonal or weather conditions, then the hearing examiner shall modify
the manner of abatement to make the same reasonable or extend the deadline a reasonable
period to account for seasonal or weather conditions, as the case may be.
(4) The hearing examiner shall issue a written decision containing the following information:
(a)Findings of fact (which shall include the common address and legal description for the
property) and conclusions of law;
(b)The manner of any required abatement action and the deadline by which abatement must be
completed;
(c)A description of the civil penalty for an infraction which may accrue if the responsible party
fails to abate the graffiti by the deadline established in the decision and order;
(d)A statement that the decision of the hearing examiner becomes final twenty-one days after the
date of the decision unless the decision of the hearing examiner is appealed to the Snohomish
County Superior Court; and
(e)A statement that if the graffiti is not abated by the deadline established in the decision and
order that the city or its contractor may abate the graffiti and the cost of abatement will be a
personal obligation of the responsible party and a lien against the graffiti nuisance property.
(5) The hearing examiner shall mail his/her decision to the named party by regular and certified
mail, and a copy of the decision also shall be posted on the property in a conspicuous location.
(6) Any review of the decision of the hearing examiner must be by land use petition filed within
twenty-one days of issuance of the decision and order in the Snohomish County Superior Court
in accordance with the Land Use Petition Act.
F. Removal by City. When the deadline established under this chapter has passed, and the
property is deemed graffiti nuisance property, the city may abate the graffiti nuisance property.
Either city resources or contractors may be used in abating the graffiti nuisance property. Using
any lawful means, the city and its representatives may enter upon the graffiti nuisance property
and abate the graffiti. The city may seek judicial process or writ as is deemed necessary to carry
out the abatement.
G. City Cost Recoverable—Debt—Lien. If the city is required to remove graffiti and abate a
graffiti nuisance property, the city shall bill the cost of removal and abatement to the responsible
party. The costs billed shall be due and payable to the city within ten calendar days of billing. The
costs billed shall include the value of the use of city staff and resources (at the current
established hourly rate) and all payments made to third parties. If the costs billed are not paid
when due, they shall be a personal debt of the responsible party and automatically the costs shall
be a lien upon the graffiti nuisance property. The city may take all lawful actions to collect the
debt of the responsible party or to foreclose its lien upon the graffiti nuisance property.
H. Rewards. The city may offer a reward not to exceed three hundred dollars for information
leading to the identification and apprehension of any person who willfully damages or destroys
any public or private property by the use of graffiti. The actual amount awarded (not to exceed
three hundred dollars) shall be determined in the discretion of the chief of police. In the event of
damage to public property, the offender or the parents or legal guardian of any unemanicipated
minor must reimburse the city for any reward paid. In the event of multiple contributors of
information, the reward amount shall be divided by the city in the manner it shall deem
appropriate. Claims for rewards under this section shall be filed with the chief of police or his
designee in the manner specified by the Arlington police department. No claim for a reward shall
be allowed unless the city investigates and verifies the accuracy of the claim and determines that
the requirements of this section have been satisfied.
(Ord. No. 1473, § 1, 10-5-2009)
Chapter 9.32 - CRIMES RELATING TO FRAUD AND FALSE
REPRESENTATIONS
• 9.32.010 - Fraud.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.04.010, False advertising.
(2) RCW 9.45.060, Encumbered, leased or rented personal property—Construction.
(3) RCW 9.45.070, Mock auctions.
(4) RCW 9.45.080, Fraudulent removal of property.
(5) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(6) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(7) RCW 9.45.270(1), Fraudulent filing of vehicle report of sale.
(8) RCW 9A.60.045, Criminal impersonation in the second degree.
(9) RCW 9A.60.050, False certification.
(10) RCW 9A.61.010, Definitions.
(11) RCW 9A.61.020, Defrauding public utility.
(12) RCW 9A.61.050, Defrauding a public utility in the third degree.
(13) RCW 9A.61.060, Restitution and costs.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 10, 3-18-2010)
• 9.32.020 - False representations.
The following statutes, including all future amendments, additions or deletions, are adopted
by reference:
(a)RCW 9.38.010, False representation concerning credit.
(b)RCW 9.38.020, False representation concerning title.
• Chapter 9.36 - CRIMES RELATING TO PUBLIC OFFICERS
• 9.36.010 - Obstructing public officers.
It is unlawful for any person to make any willfully untrue, misleading or exaggerated
statement to, or to will fully hinder, delay or obstruct any public officer in the discharge of his or her
official powers or duties. Obstructing public officers is a misdemeanor.
(Ord. 1289 §2, 2002). ***AMC 9.36.030 adopts RCW 9A.76.020—Obstructing a law enforcement
officer and RCW 9A.76.175—Making a false or misleading statement to a public servant
• 9.36.020 - Public servantofficer defined.
Public servantofficer, as used in this article, means any person other than a witness who
presently occupies the position of or has been elected, appointed, or designated to become any
officer or employee of government, including but not limited to a legislator, judge, judicial officer,
juror, and any person participating as an advisor, consultant, or otherwise performing a
governmental function.comprises police officers; fire chief and his or her designees; city
administrator, health officers; and the public works director and his or her designees; city clerk and
his or her designee; code enforcement personnel; and other city personnel authorized for
enforcement of city ordinances, statutes and codes.
(Ord. 1289 §2, 2002).
• 9.36.030 - Obstructing justice, criminal assistance, introducing
contraband and related offenses.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.69.100, Duty of witness of offense against child or any violent offense—Penalty.
(2) RCW 9A.72.010, Definitions.
(3) RCW 9A.72.040, False swearing.
(4) RCW 9A.72.060, Perjury and false swearing—Retraction.
(5) RCW 9A.72.070, Perjury and false swearing—Irregularities no defense.
(6) RCW 9A.72.080, Statement of what one does not know to be true.
(7) RCW 9A.72.140, Jury tampering.
(8) RCW 9A.72.150, Tampering with physical evidence.
(9) RCW 9A.76.010, Definitions.
(10) RCW 9A.76.020, Obstructing a law enforcement officer.
(11) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(12) RCW 9A.76.040, Resisting arrest.
(13) RCW 9A.76.050, Rendering criminal assistance—Definition of terms.
(14) RCW 9A.76.060, Relative defined.
(15) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(16) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(17) RCW 9A.76.100, Compounding.
(18) RCW 9A.76.160, Introducing contraband in the third degree.
(19) RCW 9A.76.170, Bail jumping.
(20) RCW 9A. 76.175, Making a false or misleading statement to a public servant.
(21) RCW 9A.84.030, Disorderly conduct.
(22) RCW 9A.84.040, False reporting.
(Ord. 1383 §3, 2005: Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 11, 3-18-2010; Ord. No. 2011-019, § 3, 6-20-2011)
• 9.36.040 - Escape.
The following state statutes, including future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.31.090, Escaped prisoner recaptured.
(2) RCW 9A.76.130, Escape in the third degree.
(Ord. 1289 §2, 2002).
• 9.36.050 - Vehicles resembling police or fire vehicles.
No person may operate a motor vehicle within the city which is painted and contains decals,
numbers, name or insignia so as to simulate a city or county police or fire department vehicle, or
city vehicle, without prior authorization from the police chief, fire chief, city manager, or their
designees. Violation of this section is a gross misdemeanor.
(Ord. 1289 §2, 2002).
• 9.36.060 - Interference with and abuse of police dogs prohibited.
It is a gross misdemeanor for any person to willfully or maliciously interfere with, obstruct,
torture, beat, kick, strike, or in any way abuse or harass any dog used by any police officer in
discharging or attempting to discharge any legal duty or power of his or her office, under
circumstances not amounting to "Harming a Police Dog," as defined in RCW 9A.76.200.
(Ord. 1289 §2, 2002).
Chapter 9.40 - CRIMES RELATING TO CONTROLLED
SUBSTANCES, DRUG PARAPHERNALIA, POISONS, AND TOXIC
FUMES
• 9.40.010 - Statutes adopted.
The following state statues, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or order
prohibited—Exceptions—Penalty.
(2) RCW 69.41.350(1), Steroids—Penalties.
(3) RCW 69.50.101, Definitions.
(42) RCW 69.50.102, Drug paraphernalia - Definitions.
(53) RCW 69.50.201, Authority to control.
(64) RCW 69.50.202, Nomenclature.
(75) RCW 69.50.204, Schedule I--Marijuana defined as a controlled substance.
(86) RCW 69.50.309, Containers.
(97) RCW 69.50.401, Prohibited Acts: A—Penalties.Possession of forty grams or less of
marijuana prohibited.
(198) RCW 69.50.412, Prohibited acts: E—Penalties.
(11) RCW 69.50.4121, Drug paraphernalia—Selling or giving—Penalty.
(12) RCW 69.50.445, Opening package of or consuming marijuana, useable marijuana,
marijuana-infused products, or marijuana concentrates in view of general public or public place—
Penalty.
(139) RCW 69.50.505, Seizure and forfeiture.
(1410) RCW 69.50.506, Burden of proof; liabilities.
(1511) RCW 69.50.509, Search and seizure of controlled substances.
(Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 12, 3-18-2010; Ord. No. 2011-019, § 4, 6-20-2011)
• 9.40.020 - Drug paraphernalia—Possession prohibited.
No person may possess any drug paraphernalia, as defined in RCW 69.50.102, with the
intent to use or employ the same for manufacturing and/or consuming a controlled
substance. 9.40.030. Possession of drug paraphernalia is a misdemeanor.
(Ord. 1289 §§1, 2, 2002).
• 9.40.030 - Definitions.
As used in this article, "drug paraphernalia" means all equipment, products, and materials of
any kind which are used, intended for use, or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting,
inhaling, smoking, or otherwise introducing into the human body a controlled substance. It
includes, but is not limited to:
(a)Kits used, intended for use or designed for use in planting, propagating, cultivating, growing,
or harvesting of any species of plant which is a controlled substance or from which a controlled
substance can be derived;
(b)Kits used, intended for use, or designed for use in manufacturing, compounding, converting,
producing, processing or preparing controlled substances;
(c)Isomerization devices used, intended for use or designed for use in increasing the potency of
any species of plant which is a controlled substance;
(d)Testing equipment used, intended for use or designed for use in identifying or in analyzing the
strength, effectiveness or purity of controlled substances.
(e)Scales and balances used, intended for use or designed for use in weighing or measuring
controlled substances;
(f)Diluent and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use or designed for use in cutting controlled substances;
(g)Separation gins and sifters used, intended for use, or designed for use in removing twigs and
seeds from, or in otherwise cleaning or refining, marijuana;
(h)Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed
for use in compounding controlled substances;
(i)Capsules, balloons, envelope and other containers used, intended for use or designed for use
in compounding controlled substances;
(j)Containers and other objects used, intended for use or designed for use in storing or
concealing controlled substances;
(k)Hypodermic syringes, needles and other objects used, intended for use or designed for use in
parenterally injecting controlled substances into the human body.
(l)A device "designed primarily for" such smoking or ingestion set forth in subsection (i) of this
section is a device which has been fabricated, constructed, altered, adjusted or marked
especially for use in the smoking, ingestion or consumption of marijuana, hashish, hashish oil,
cocaine or any other controlled substance," and is peculiarly adapted to such purposes by virtue
of a distinctive feature or combination of features associated with drug paraphernalia,
notwithstanding the fact that it might also be possible to use such device for some other purpose.
Paraphernalia includes, but is not limited to, the following items or devices.
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens,
permanent screens, hashish heads or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips; meaning objects used to hold burning material, such as a marijuana cigarette,
that has become too small or too short to be held in the hand;
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9)A smokable pipe which contains a heating unit, whether device is known as an "electrical pipe"
or otherwise;
(10) Air-driven pipes;
(11) Chillums;
(12)A device constructed to prevent the escape of smoke into the air and to channel smoke into a
chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of
smoke than would otherwise be possible, whether the device is known as a "bong" or otherwise;
(13)A device constructed to permit the simultaneous mixing and ingestion of smoke and nitrous
oxide or other compressed gas, whether the device is known as a "buzz bomb" or otherwise;
(14)A canister, container or other device with a tube, nozzle or other similar arrangement
attached so constructed as to permit the forcing of smoke accumulated therein into the user's
lungs under pressure, whether the device is known as a "power hitter" or otherwise;
(15)A device for holding a marijuana cigarette, whether the device is known as a "roach clip" or
otherwise;
(16)A spoon for ingestion of a controlled substance through the nose;
(17)A straw or tube for ingestion of a controlled substance through the nose or mouth;
(18)A smokable pipe constructed with a receptacle or container in which water or other liquid
may be placed into which smoke passes and is cooled in the process of being inhaled or
ingested;
(19) Ice pipes or chillers,
In determining whether an object is drug paraphernalia under this section, a court or other
authority should consider, in addition to all other logically relevant factors, the following:
(a)Statements by an owner or by anyone in control of the object concerning its use;
(b)Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or
federal law relating to any controlled substance;
(c)The proximity of the object, in time and space, to a direct violation of this article;
(d)The proximity of the object to controlled substances;
(e)The existence of any residue of controlled substances on the object;
(f)Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object,
to deliver it to persons he or she knows, or should reasonably know, intend to use the object to
facilitate a violation of this article; the innocence of an owner, or of anyone in control of the
object, as to a direct violation of this article will not prevent a finding that the object is intended or
designed for use as drug paraphernalia;
(g)Instructions, oral or written, provided with the object concerning its use;
(h)Descriptive materials accompanying the object which explain or depict its use;
(i)National and local advertising concerning its use;
(j)The manner in which the object is displayed for sale; (k) Whether the owner, or anyone in
control of the object is a legitimate supplier of like or related items to the community, such as a
licensed distributor or dealer of tobacco products;
(l)Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the
business enterprise;
(m)The existence and scope of legitimate uses for the object in the community; and
(n)Expert testimony concerning its use.
(Ord. 1289 §§1, 2, 2002).
• 9.40.040 - Minors.
No owner, manager, proprietor or other person in charge of any room in any place of
business where any device, contrivance, instrument or paraphernalia which is primarily designed
for or intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP,
or any controlled substance, other than prescription drugs and devices to ingest or inject
prescription drugs, is sold, or displayed for the purpose of sale, may allow or permit any person
under the age of eighteen years to be in, remain in, enter or visit such room unless such minor
person is accompanied by one of his or her parents or his or her legal guardian.
(Ord. 1289 §§1, 2, 2002).
• 9.40.050 - Minors excluded.
No person under the age of eighteen years may be in, remain in, enter or visit any room in
any place used for the sale or displaying for sale of devices, contrivances, instruments or
paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or
consumption of marijuana, hashish, PCP or any controlled substance, other than prescription
drugs and devices to ingest or inject prescription drugs unless such person is accompanied by one
of his or her parents or his or her legal guardian.
(Ord. 1289 §§1, 2, 2002).
• 9.40.060 - Sale and display rooms.
No person may maintain, in any place of business to which the public is invited, the display
for sale or the offering to sell of devices, contrivances, instruments or paraphernalia which are
primarily designed for or intended to be used for the smoking, ingestion or consumption of
marijuana, hashish, PCP or any controlled substance other than prescription drugs and devices to
ingest or inject prescription drugs unless within a separate room or enclosure to which minors not
accompanied by a parent or legal guardian are excluded. Each entrance to such a room or
enclosure will be posted with a sign in reasonably visible and legible words to the effect that items
which are defined as drug paraphernalia under this chapter are being offered for sale in such a
room and that minors, unless accompanied by a parent or legal guardian, are excluded.
(Ord. 1289 §§1, 2, 2002).
• 9.40.070 - Sale restriction.
No person may sell or give, or permit to be sold or given to any person under the age of
eighteen years any device, contrivance, instrument or paraphernalia which is primarily designed
for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP,
or any controlled substance other than prescription drugs and devices to ingest or inject
prescription drugs.
(Ord. 1289 §§1, 2, 2002).
• 9.40.080 - Nuisance.
The distribution or possession for the purpose of sale, exhibition or display, in any place of
business from which minors are not excluded as set forth in this chapter of devices, contrivances,
instruments or paraphernalia which are primarily designed for or intended to be used for the
smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance other
than prescription drugs and devices to ingest or inject prescription drugs is declared to be a public
nuisance and may be abated by the city. This remedy will be in addition to any other remedy
provided by the law including the penalty provision applicable for the violation of the terms and
provision of this chapter.
(Ord. 1289 §§1, 2, 2002).
• 9.40.090 - Violation: penalty.
Any person convicted of having violated section 9.40.040, 9.40.050, 9.40.060,
or 9.40.070 will be guilty of a gross misdemeanor and will be punished by a fine of not more than
fiveone thousand dollars or imprisonment for not more than ninety days thee hundred and sixty four
days, or both such fine and imprisonment. In addition, a second subsequent conviction of section
9.40.040, 9.40.050, 9.40.060, or 9.40.070 may result in revocation of the business license of the
place of business where the violations occurred.
(Ord. 1289 §§1, 2, 2002).
• 9.40.100 - Inhaling toxic fumes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.47A.010, Definition.
(2) RCW 9.47A.020, Unlawful inhalation—Exception.
(3) RCW 9.47A.030, Possession of certain substances prohibited, when.
(4) RCW 9.47A.040, Sale of certain substances prohibited, when.
(5) RCW 9.47A.050, Penalty.
(Ord. 1289 §§1, 2, 2002).
(Ord. No. 2010-006, § 13, 3-18-2010)
• 9.40.110 - Poisons.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a)RCW 69.38.010, Poison defined.
(b)RCW 69.38.020, Exemptions from chapter.
(c)RCW 69.38.030, Poison register—Identification of purchaser.
(d)RCW 69.38.040, Inspection of poison register—Penalty for failure to maintain register.
(e)RCW 69.38.050, False representations—Penalty.
(f)RCW 69.38.060, Manufacturers and sellers of poisons—License required-Penalty.
(Ord. 1289 §§1, 2, 2002).
Chapter 9.44 - CRIMES RELATING TO ALCOHOLIC BEVERAGES
• 9.44.010 - Adoption of statutes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 66.04.010, Definitions.
(2) RCW 66.20.200, Unlawful acts relating to card of identification and certification card.
(3) RCW 66.20.210, Licensee's immunity to prosecution or suit—Certification card as evidence of
good faith.
(4) RCW 66.28.090, Licensed premises or banquet permit premises open to inspection—Failure
to allow, violation.
(5) RCW 66.44.010, Local officers to enforce law—Authority of board—Liquor enforcement
officers.
(6) RCW 66.44.040, Sufficiency of description of offenses in complaints, information, process,
etc.
(7) RCW 66.44.050, Description of offense in words of statutes—Proof required.
(8) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
(9) RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content.
(10) RCW 66.44.080, Service of process on corporation.
(11) RCW 66.44.090, Acting without license.
(12) RCW 66.44.100, Opening or consuming liquor in public—Penalty.
(13) RCW 66.44.120, Unlawful use of seal.
(14) RCW 66.44.130, Sale of liquor by drink or bottle.
(15) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal—
Unlawful operation, possession of still or mash.
(16) RCW 66.44.150, Buying liquor illegally.
(17) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(18) RCW 66.44.170, Illegal possession of liquor with intent to sell—Prima facie evidence, what
is.
(19) RCW 66.44.175, Violations of law.
(20) RCW 66.44.180, General penalties—Jurisdiction for violation.
(21) RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(22) RCW 66.44.210, Obtaining liquor for ineligible person.
(23) RCW 66.44.240, Drinking in public conveyance—Penalty against carrier—Exception.
(24) RCW 66.44.250, Drinking in public conveyance—Penalty against individual—Restricted
application.
(25) RCW 66.44.270, Furnishing liquor to minors - Possession, use—Penalties—Exhibition of
effects—Exceptions.
(26) RCW 66.44.280, Minor applying for permit.
(27) RCW 66.44.290, Minor purchasing or attempting to purchase liquor.
(28) RCW 66.44.300, Treating minor, etc, in public place where liquor sold.
(29) RCW 66.44.310, Minor frequenting off-limits area—Misrepresentation of age—Penalty—
Classification of licenses.
(30) RCW 66.44.325, Unlawful transfer to a minor of an identification of age.
(31) RCW 66.44.328, Preparation or acquisition and supply to persons under age twenty-one of
facsimile or official identification card—Penalty.
(32) RCW 66.44.340, Employees eighteen years and over allowed to sell and handle beer and
wine for Class E and/or Class F employers.
(33) RCW 66.44.350, Employees eighteen years and over allowed to serve and carry liquor,
clean up, etc., for Class A, C, D and/or H licensed employers.
(34) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 14, 3-18-2010; Ord. No. 2011-019, § 5, 6-20-2011)
• 9.44.020 - Reserved.
Editor's note— Ord. No. 2011-019, § 6, adopted June 20, 2011, repealed § 9.44.020, which
pertained to furnishing liquor to persons underage; possession; use and derived from Ord. 1289, §
2, 2002.
Chapter 9.48 - CRIMES RELATING TO FIREARMS AND
DANGEROUS WEAPONS
• 9.48.010 - Firearms and dangerous weapons: prohibitions.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.41.010, Terms defined.
(2) RCW 9.41.050, Carrying firearms.
(3) RCW 9.41.060, Exceptions to restrictions on carrying firearms.
(4) RCW 9.41.080, Delivery to ineligible persons.
(5) RCW 9.41.098, Forfeiture of firearms—Disposition—Confiscation.
(6) RCW 9.41.100, Dealer licensing and registration required.
(7) RCW 9.41.140, Alteration of identifying marks—Exceptions.
(8) RCW 9.41.170, Alien's license to carry firearms—Exception.
(9) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons.
(10) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one.
(11) RCW 9.41.250, Dangerous weapons—Penalty.
(12) RCW 9.41.260, Dangerous exhibitions.
(13) RCW 9.41.270, Weapons apparently capable of producing bodily harm—Unlawful carrying
or handling—Penalty—Exceptions.
(14) RCW 9.41.280, Carrying dangerous weapons on school facilities—Penalty—Exceptions.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 15, 3-18-2010)
• 9.48.020 - 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, "air gun" means and includes the following; air gun, air pistol, air rifle,
BB gun and toy or other guns of any kind or nature when so designed, contrived, modified and
used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow,
bean, pea, BB, rock or other hard substance a distance of more than twenty-five feet with
sufficient force to break windows or inflict injury upon persons or animals.
(c)Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor
and, in addition to any other punishment imposed by the court, the court will direct that the
weapon so used in violation of the these provisions be confiscated and disposed of in
accordance with statutes or ordinances governing the disposal of confiscated or found weapons.
(Ord. 1289 §2, 2002).
• 9.48.030 - Weapons prohibited on liquor sale premises.
It is a gross misdemeanor for anyone, on or in any premises classified by the state liquor
board as off-limits to persons under twenty-one years of age to:
(1) Carry in any manner any firearm, rifle or handgun, whether such person has a license or
permit to carry such firearm or not, and whether such firearm is concealed or not; or
(2) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a
length of three inches or more, or any razor with an unguarded blade, whether such weapon or
instrument is concealed or not; or
(3) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star,
bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or
combination thereof including a device known as nunchuk sticks, or any like device having the
same or similar components or parts, whether or not connected by a rope, chain or other device,
or any explosive or any poison or injurious gas, or any other instrument or weapon apparently
capable of producing bodily harm, whether such instrument or weapon is concealed or not.
The provisions of Subsection (1) of this section will not apply to or affect the following:
(1) Any lawful act committed by a person while in his or her fixed place of business; or
(2) Any person who by virtue of his or her office or public employment is vested by law with a
duty to preserve public safety, maintain public order, or to make arrests for offenses, whether
during regular duty hours or not; or
(3) Any person making or assisting in making a lawful arrest for the commission of a felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the court
and disposed of in accordance with statutes or ordinances governing the disposal of confiscated
or found property.
(Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 16, 3-18-2010)
• 9.48.040 - Reserved.
Editor's note— Ord. No. 2010-006, § 17, adopted Mar. 18, 2010, repealed § 9.48.040, which
pertained to firearms prohibited in certain places; exceptions; penalty and derived from Ord.
1298, § 2, 2002.
• 9.48.050 - Discharge of firearms prohibited.
(a) It is unlawful for any person to knowingly discharge a firearm within the city.
(b) The provisions of this section do not apply to:
(1) Law enforcement personnel; or
(2) Security or military personnel while engaged in official duties;
(3) A person utilizing a properly licensed instructional, membership and/or commercial shooting
range.
(c) Any person violating this section is guilty of a misdemeanor.
(Ord. 1289 §2, 2002).
• 9.48.060 – Extreme Risk Protection Orders
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW Ch. 7.94
Chapter 9.52 - MISCELLANEOUS CRIMES
• 9.52.010 - Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.91.010, Denial of civil rights—Terms defined.
(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
(3) RCW 9.91.025, Unlawful bus conduct.
(4) RCW 9.91.110, Meal buyers—Records of purchases—Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(6) RCW 9.03.020, Permitting unused equipment to remain on premises.
(7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(8) RCW 9.03.040, Keeping or storing equipment for sale.
(9) RCW 16.52.011, Definitions—Principles of liability.
(10) RCW 16.52.080, Transporting or confining in unsafe manner—Penalty.
(11) RCW 16.52.085, Removal of animals for feeding—Examination—Notice—Euthanasia.
(12) RCW 16.52.095, Cutting ears—Misdemeanor.
(13) RCW 16.52.100, Confinement without food and water—Intervention by others.
(14) RCW 16.52.110, Old or diseased animals at large.
(15) RCW 16.52.117, Animal fighting—Owners, trainers, spectators—Exceptions.
(16) RCW 16.52.165, Punishment—Conviction of misdemeanor.
(17) RCW 16.52.180, Limitations on application of chapter.
(18) RCW 16.52.185, Exclusions from chapter.
(19) RCW 16.52.190, Poisoning animals.
(20) RCW 16.52.193, Poisoning animals—Strychnine sales—Records—Report on suspected
purchases.
(21) RCW 16.52.195, Poisoning animals—Penalty.
(22) RCW 16.52.200, Sentences—Forfeiture of animals—Liability for costs—Civil penalty—
Education, counseling.
(23) RCW 16.52.207, Animal cruelty in the second degree.
(24) RCW 9.46.196, Cheating—Defined.
(25) RCW 9.46.1962, Cheating in the second degree.
(26) RCW 9.61.260, Cyberstalking.
(Ord. 1383 §4, 2005: Ord. 1289 §2, 2002).
(Ord. No. 2010-006, § 18, 3-18-2010; Ord. No. 2011-019, § 7, 6-20-2011)
• 9.52.020 - Littering and pollution.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 70.93.060, Littering prohibited—Penalties—Litter cleanup restitution payment.
(2) RCW 70.54.010, Polluting water supply—Penalty.
(Ord. 1289 §2, 2002).
• 9.52.030 - Reserved.
Editor's note— Ord. No. 2010-006, § 19, adopted Mar. 18, 2010, repealed § 9.52.030, which
pertained to injury to animals and derived from Ord. 1298, § 2, 2002.
• 9.52.040 - Reserved.
Editor's note— Ord. No. 2010-006, § 20, adopted Mar. 18, 2010, repealed § 9.52.040, which
pertained to wounding or tapping of animals and derived from Ord. 1298, § 2, 2002.
• 9.52.050 - Throwing objects at moving vehicles.
Any person who knowingly throws, pushes, rolls, drops, swings or otherwise propels or
projects any object, thing or substance in such a manner as to strike or be likely to strike any
moving vehicle on the public highways or streets is guilty of a gross misdemeanor.
(Ord. 1289 § 2, 2002).
Chapter 9.56 - PUBLIC SOLICITATION AND CAMPING
• 9.56.010 - Findings.
The city council finds as follows:
(1)Consistent with the findings of other Washington State Cities, the city council finds that it is
important to the general welfare of the citizens and residents of the city to protect and preserve
the public safety of pedestrians and to insure the safe and efficient movement of pedestrian and
vehicular traffic in public places. The city council further finds that public rights of way serve the
primary purpose of enabling pedestrian and vehicular traffic to safely and efficiently move about
from place to place and that public rights of way have become increasingly congested and should
be maintained to serve their primary purpose.
(2)Arlington, as well as other cities in Washington, has experienced an increase in the number of
incidents of coercive solicitation by individuals towards pedestrians, vehicular traffic and others
and that such interference in public places can cause citizens to reasonably fear for their safety,
and can cause children and the elderly to feel compelled to make donations they would not
otherwise be willing to make out of fear for their safety.
(3) The city has a compelling interest in protecting its citizens and its most vulnerable residents
and visitors from threatening, intimidating or harassing behavior caused by coercive solicitations,
in preserving the quality of life and in protecting and preserving public health, safety and welfare.
(4) The City has an interest in discouraging the use of public parks as temporary living quarters.
(Ord. No. 2014-010, § 2, 7-7-2014; Ord. No. 2015-007, § 1, 4-20-2015)
• 9.56.020 - Definitions.
The following definitions apply in this chapter:
(1)"Coercive solicitation" means to solicit with the intent to intimidate or coerce another person
into giving money or goods.
(2)"Solicit" means to ask for money or goods as a charity, whether by words, bodily gestures,
signs, or other means.
(3)"Camp" means to pitch or occupy camp facilities, to use camp paraphernalia.
(4)"Camp facilities" include, but are not limited to, tents, huts or temporary shelters.
(5)"Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags,
hammocks or non-city designated cooking facilities and similar equipment.
(6)"Coerce" or "coercive" means to do any of the following with intent:
(A)To approach, speak or gesture to a person in such a manner as would cause a reasonable
person to believe that the person is being threatened with a commission of a criminal act upon
the person, another person or property in the person's possession; or
(B)To approach within one foot of a person for the purpose of making a solicitation without
obtaining said person's initial consent; or
(C)To persist in a solicitation after the person solicited has given a negative response; or
(D)To intentionally impede the passage of a person, pedestrian traffic, a vehicle or vehicular
traffic while making a solicitation; or
(E)To engage in conduct that would reasonably be construed as intended to compel or force a
person being solicited to accede to demands.
(7)"Intimidate" means to engage in conduct which would make a reasonable person fearful or feel
compelled.
(8)"Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in
such a manner as to block passage by another person or a vehicle, or to require another person
or a driver of a vehicle to take evasive action to avoid physical contact, or to cause or initiate the
interaction or exchange of money, leaflets, or other tangible items between an occupant of a
motor vehicle within a city street and a pedestrian in such a manner as to block passage by
another person or a vehicle. Acts authorized as an exercise of one's constitutional right to picket
or to legally protest, and acts authorized by a permit issued pursuant to Chapter 5.44, shall not
constitute obstruction of pedestrian or vehicular traffic.
(9)"Park" means those areas subject to the executive and administrative responsibility of the city
parks, arts and recreation commission established by Chapter 2.40.
(10)"Public place" means an area generally visible to public view and includes alleys, bridges,
buildings, driveways, parking lots, parks, park paths and trails, plazas, sidewalks and streets
open to the general public, and rights of way open to the use of the public, including those that
serve food or drink or provide entertainment, and the doorways and entrances to buildings or
dwellings and the grounds enclosing them.
(11)"Solicitation" for the purposes of this chapter is any means of asking, begging, requesting, or
pleading made in person, orally or in a written or printed manner, directed to another person,
requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of
items or service of value.
(12)"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location.
(13)"Street" means any highway, lane, road, street, right-of-way, boulevard, alley and every way
or place within Arlington open as a matter of right to public vehicular travel.
(Ord. No. 2014-010, § 2, 7-7-2014; Ord. No. 2015-007, §§ 2—4, 4-20-2015)
• 9.56.030 - Pedestrian interference.
A person is guilty of pedestrian interference if, in a public place, he or she intentionally:
(1) Obstructs pedestrian or vehicular traffic; or
(2) Coercively solicits.
(Ord. No. 2014-010, § 2, 7-7-2014)
• 9.56.040 - Pedestrian interference—Exceptions.
The prohibitions in Section 9.56.030 shall not apply to any person:
(1) Sitting or lying down on a public sidewalk due to a medical emergency;
(2) Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about
the public sidewalk;
(3)Operating or patronizing a commercial establishment conducted on the public sidewalk
pursuant to a street use permit; or a person participating in or attending a parade, festival,
performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk
pursuant to a street use or other applicable permit;
(4) Sitting on a chair or bench located on the public sidewalk which is supplied by a public
agency; or
(5) Sitting on a bench or public sidewalk within a public transportation facility.
(Ord. No. 2014-010, § 2, 7-7-2014)
• 9.56.050 - Coercive solicitation—Prohibited.
It shall be unlawful for a person to make coercive solicitation.
(Ord. No. 2014-010, § 2, 7-7-2014)
• 9.56.060 - Soliciting while intoxicated.
It shall be unlawful to solicit while under the influence of alcohol and/or controlled
substances.
(Ord. No. 2015-007, § 6, 4-20-2015)
Editor's note— Ord. No. 2015-007, § 5, adopted April 20, 2015, repealed § 9.56.060 in its
entirety; and § 6 enacted a new § 9.56.060 to read as set out herein. Former § 9.56.060 pertained
to "Time of solicitation," and was derived from Ord. No. 2014-010, § 2, adopted July 7, 2014.
• 9.56.070 - Soliciting in a manner which exploits children.
It shall be unlawful to solicit in a manner that exploits children.
(Ord. No. 2015-007, § 7, 4-20-2015)
Editor's note— Ord. No. 2015-007, § 5, adopted April 20, 2015, repealed § 9.56.070 in its
entirety; and § 7 enacted a new § 9.56.070 to read as set out herein. Former § 9.56.060 pertained
to "Place of solicitation," and was derived from Ord. No. 2014-010, § 2, adopted July 7, 2014.
• 9.56.080 - Penalty for pedestrian interference, coercive solicitation, or
any violation of the time and/or place of solicitation restrictions.
Pedestrian interference is a misdemeanor. Coercive solicitation is a misdemeanor. Violation
of either Section 9.56.060 or Section 9.56.070 is a misdemeanor.
(1) First Offense. Any person violating any of the provisions of this chapter shall, upon conviction
of such violation, be punished by a fine of not more than one thousand dollars or by
imprisonment not to exceed ninety days, or by both such fine and imprisonment.
(2) Second Offense. Every person who violates any of the provisions of this chapter a second
time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more
than one thousand dollars or by imprisonment not to exceed ninety days, or by both such fine
and imprisonment. One hundred dollars of the fine and one day of imprisonment shall not be
suspended or deferred.
(3) Third or Subsequent Offense. Every person who violates any of the provisions of this chapter
a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a
fine of not more than one thousand dollars or by imprisonment not to exceed ninety days, or by
both such fine and imprisonment. Five hundred dollars of the fine and five days' imprisonment
shall not be suspended or deferred.
(Ord. No. 2014-010, § 2, 7-7-2014; Ord. No. 2015-007, § 8, 4-20-2015)
• 9.56.090 - Unlawful camping.
It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia
in the following areas, except as otherwise provided by ordinance or as permitted pursuant
to Section 9.56.120:
(1) Any park;
(2) Any publicly owned parking lot or publicly owned area, improved or unimproved; or
(3) On private property, without prior written permission from the owner or occupant.
(Ord. No. 2014-010, § 2, 7-7-2014)
• 9.56.100 - Storage of personal property in public places.
It shall be unlawful for any person to store personal property, including camp facilities and
camp paraphernalia, in the following areas, except as otherwise provided by ordinance or as
permitted pursuant to Section 9.56.120:
(1) Any park;
(2) Any publicly owned parking lot or publicly owned area, improved or unimproved.
(3) On private property, without prior written permission from the owner or occupant.
(Ord. No. 2014-010, § 2, 7-7-2014)
• 9.56.110 - Penalty for camping violations.
Violation of any of the provisions of this chapter is a misdemeanor, and shall be punished as
follows:
(1) First Offense. Any person violating any of the provisions of this chapter shall, upon conviction
of such violation, be punished by a fine of not more than one thousand dollars or by
imprisonment not to exceed ninety days, or by both such fine and imprisonment.
(2) Second Offense. Every person who violates any of the provisions of this chapter a second
time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more
than one thousand dollars or by imprisonment not to exceed ninety days, or by both such fine
and imprisonment. One hundred dollars of the fine and one day of imprisonment shall not be
suspended or deferred.
(3) Third or Subsequent Offense. Every person who violates any of the provisions of this chapter
a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a
fine of not more than one thousand dollars or by imprisonment not to exceed ninety days, or by
both such fine and imprisonment. Five hundred dollars of the fine and five days' imprisonment
shall not be suspended or deferred.
(Ord. No. 2014-010, § 2, 7-7-2014)
• 9.56.120 - Camping permit.
(1)The chief of police or his or her designee is authorized to permit persons to camp, occupy
camp facilities, use camp paraphernalia, or store personal property in parks, streets, or any
publicly owned parking lot or publicly owned area, improved or unimproved, in the city.
(2) The chief of police or his or her designee shall approve a permit as provided under this
section when, from a consideration of the application and from such other information as may
otherwise be obtained, the chief or his or her designee finds that:
(a)Adequate sanitary facilities are provided and accessible at or near the camp site;
(b)Adequate trash receptacles and trash collection is to be provided;
(c)The camping activity will not unreasonably disturb or interfere with the peace, comfort and
repose of private property owners; and
(d)The camping activity is not reasonably likely to cause injury to persons or property, to provoke
disorderly conduct or create a disturbance.
(3) The chief of police or his or her designee is authorized to promulgate rules and regulations
regarding the implementation and enforcement of this chapter.
(4) No permit shall be issued for a period of time in excess of seven calendar days.
(5) Any person denied a permit may appeal the denial to city council. Notice of appeal must be in
writing, and filed with the city clerk within seven calendar days from the date notice of the denial
is received.
(Ord. No. 2014-010, § 2, 7-7-2014; Ord. No. 2015-007, § 9, 4-20-2015)
Editor's note— Ord. No. 2015-007, § 9, adopted April 20, 2015, amended the title of §
9.56.120 read as set out herein. Former § 9.56.120 was titled "Permit."
Chapter 9.60 - STAY OUT OF DESIGNATED AREAS (SODA)
ORDERS
• 9.60.010 - Orders—Conditions.
Any judge or judge pro tempore of the Marysville municipal court Snohomish County District
Court – Cascade Division may issue written orders to criminal defendants describing conditions of
their pretrial release or the post-conviction conditions of suspension or deferral of their sentences.
Orders must be substantially in the form described in this chapter.
(Ord. No. 2017-010, § 1, 8-7-2017)
• 9.60.020 - Person subject to court order defined.
As used in this chapter, "person subject to court order" means any person who is subject to
an order issued under Section 9.60.010.
(Ord. No. 2017-010, § 1, 8-7-2017)
• 9.60.030 - Stay out of designated areas orders—Issuance—Other court
orders.
(a)Any order issued pursuant to this chapter that specifically orders as a condition of pretrial
release and/or deferral or suspension of sentence that the defendant stay out of areas with a
high level of illegal drug trafficking shall be hereinafter referred to as a "SODA" ("Stay Out of
Designated Areas") order.
(b)SODA orders may be issued to anyone charged with or convicted of possession of drug
paraphernalia, manufacture/delivery of drug paraphernalia, delivery of drug paraphernalia to a
minor, selling/giving drug paraphernalia to another person, possession of controlled substances,
or any violation of the Controlled Substances Act, RCW 69.70.
(c)Nothing within this section shall be construed as precluding the court from issuing an order
pursuant to this chapter that is not specifically a SODA order.
(Ord. No. 2017-010, § 1, 8-7-2017)
• 9.60.040 - Violation of order—Penalties.
(a)Written orders issued under this chapter shall contain the court's directives and shall bear the
legend:
WARNING: Violation of this order subjects the violator to arrest under this Chapter
and shall constitute a separate criminal offense and may result in imposition of
suspended or deferred jail time and/or fine.
(b)Penalties. A person who knowingly and willfully disobeys a SODA ("Stay Out of Designated
Areas") order issued under this chapter is guilty of a gross misdemeanor.
(Ord. No. 2017-010, § 1, 8-7-2017)
• 9.60.050 - Prohibited areas—Designation— Modification and termination.
(a)Whenever an order is issued under this chapter, the subject of the order may be ordered to
stay out of certain areas that are set forth within the written order. These areas will hereinafter be
referred to as "prohibited areas."
(b)Prohibited areas that are set forth in SODA orders may be established, modified, or eliminated
by a resolution of the city council. The police department will provide information to the city
council to support establishing, modifying, or eliminating prohibited areas.
(c)Prohibited areas that are set forth in orders issued under this chapter other than SODA orders
may be set by court discretion and are not required to be set in accordance with subsection (b).
(d)Upon request for modification or termination of any order issued under this chapter, the court
shall consider the requested modification or termination by allowing for a process by which the
subject of the order can provide relevant testimony or other evidence in support of his/her
request.
(e)Unless otherwise ordered by the court, an order issued under this chapter shall have as its
termination date two years from the date of its issuance.
(f)Whenever an order is issued, modified or terminated pursuant to this chapter, the clerk of the
court shall forward a copy of the order on or before the next judicial day to the Arlington police
department. Upon receipt of the copy of the order, the Arlington police department shall enter the
order until the expiration date specified on the order into any computer-based criminal
intelligence information system(s) available to Arlington police officers. Upon receipt of notice that
an order has been terminated, the Arlington police department shall remove the order from the
computer-based criminal intelligence information system(s).
(g)Nothing in any provision of this chapter related to SODA orders shall be construed as
prohibiting the subject of a SODA order from participating in a scheduled court hearing or from
attending a scheduled meeting with his/her legal counsel within a prohibited area.
(Ord. No. 2017-010, § 1, 8-7-2017)
• Title 10 - VEHICLES AND TRAFFIC
• Chapter 10.54 - STOPPING, STANDING AND PARKING
• 10.54.010 - Chapter application.
The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all
times or at those times herein specified or as indicated on official signs except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of
a police officer or official traffic control device.
(Ord. 1127 §1(part), 1996).
• 10.54.015 – Adoption of State Statutes – Special parking privileges for
person with disabilities.
The following statutes of the state of Washington, including all future amendments thereto, are
adopted by reference:
RCW:
46.19.030
46.19.050
46.19.070
• 10.54.020 - Regulations not exclusive.
The provisions of this chapter imposing a time limit on parking shall not relieve any person
from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping,
standing or parking of vehicles in specified places or at specified times.
(Ord. 1127 §1(part), 1996).
• 10.54.030 - Parking prohibited for more than seventy-two hours.
Time Restriction - No Repark. The parking or storage of any vehicle, trailer, camper, motor home or
over-sized vehicle in the same parking location on a street in excess of 72 consecutive hours without
movement shall be unlawful. If any time after the initial 72 consecutive hour period the vehicle is still
parked in the same location on the street in violation of the 72 consecutive hours parking restriction and is
then re-parked on the street within the same block for any period of time up to twenty-four (24) hours, it
shall be considered to be parked in the same location within the street and therefore still in violation of the
72 consecutive hours parking restriction.
"Vehicle" means any motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat trailer
with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle or boat or
vessel (trailered or non-trailered), whether licensed or unlicensed, or motorized or nonmotorized, unless
otherwise defined.
No vehicle shall be continuously parked at any one location on a city street or alley for more
than seventy-two hours.
(Ord. 1127 §1(part), 1996).
• 10.54.040 - Prohibited parking designated.
When and where signs are erected and/or curbing painted red to give notice of a no parking
zone or fire zone, there shall be no parking of motor vehicles.
(Ord. 1127 § 1(part), 1996).
(Ord. No. 1455, § 1, 2-2-2009; Ord. No. 2010-007, § 2, 5-17-2010)
• 10.54.050 - Prohibited parking, additional.
(a)
Except when necessary to avoid conflict with other traffic, or in compliance with the directions of a
police officer or an official traffic control device, it shall be unlawful to:
(1)
Stop, stand, or park a vehicle in the following areas:
(A)
On the roadway side of any vehicle stopped or parked at the edge or curb of any street;
(B)
On a sidewalk or street planting strip;
(C)
Within an intersection;
(D)
On a crosswalk;
(E)
Along side or opposite any street excavation or obstruction when stopping, standing, or parking
would obstruct traffic or the view of the traffic by other drivers;
(F)
Upon any bridge or other elevated structure upon a roadway;
(G)
On any railroad tracks;
(H)
In a posted fire lane, whether on public or private property;
(I)
In a designated pedestrian walkway;
(J)
At any place where official signs prohibit stopping;
(K)
In the travel portion of any roadway; or
(L)
In any location that obstructs the normal movement of traffic.
(2)
Stand or park a vehicle, whether occupied or not in the following areas:
(A)
In front of a public or private driveway or within five feet thereof;
(B)
Within fifteen feet of a fire hydrant;
(C)
Within twenty feet of a crosswalk;
(D)
Within thirty feet approaching any flashing signal, stop sign, yield sign, or traffic control signal
located at the side of a roadway;
(E)
Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite
the entrance to any fire station within seventy-five feet of said entrance when signs are properly
posted; or
(F)
At any place where official signs prohibit standing.
(3)
Park a vehicle, whether occupied or not, except to temporarily load or unload property or
passengers in the following areas:
(A)
Within fifty feet of the nearest rail of a railroad crossing; or
(B)
At any place where official signs prohibit parking.
(b)
It shall be unlawful to reserve or attempt to reserve any portion of the roadway for purpose of
stopping, standing or parking to the exclusion of others, without specific permission from the city of
Arlington.
(c)
Unless otherwise posted or regulated, vehicles stopped or parked on a roadway shall be
(1)
Parked with the wheels parallel to and within twelve inches of the curb, or as close as practical to
the edge of the roadway, as so not to obstruct traffic; and
(2)
Parked in the direction of authorized traffic movement.
(d)
Parking Trailers, Campers, Motor homes, and Trucks.
(1)
No person shall park any trailer or camper upon any street or alley for more than twenty-four
hours.
(2)
Persons stopping, standing or parking trailers that are attached to towing vehicles shall abide by
all parking regulations as set forth in this chapter.
(3)
No person shall stand or park a truck, motor home, or truck tractor-trailer combination which has a
manufacturer's gross vehicle weight in excess of sixteen thousand pounds, a length in excess of
twenty feet or a width in excess of eight feet upon any portion of a street or alley within any
residential zone as defined in AMC Title 20, except when:
(A)
Property is actively loaded or unloaded from such vehicle;
(B)
The vehicle is a city vehicle or public utility vehicle providing a service to the public;
(C)
The vehicle is an emergency vehicle; or
(D)
Such vehicle is currently used at and is located at a specific location within a residential zone for
the purpose of providing services such as construction, carpentry, plumbing or landscaping to
such residence or location.
(4)
Vehicles towing trailers or campers and motor homes may stand or park on a city street in a
residential zone for a maximum period of seventy-two hours in any thirty-day period, if no other
parking is available; provided said vehicles do not violate any parking restrictions, such as posted
time zones, weight, or length restrictions and meet all other parking regulations.
(5)
No person shall park any motor home or trailer in a city-owned parking lot for more than seventy-
two hours.
(Ord. No. 2010-007, § 3, 5-17-2010)
• 10.54.055 - Reserved disabled parking.
(a)
A parking space or stall for a disabled person shall be indicated by a vertical sign, between thirty-
six and eighty-four inches off the ground, with the international symbol of access, whose colors are
white on a blue background as described under RCW 70.92.120 and the notice:
"State disabled parking permit required."
(b)
The person, partnership, firm or corporation owning or controlling the property where required
parking spaces are located shall ensure the parking spaces are properly marked, not blocked or
made inaccessible.
(c)
It is unlawful to park in a space or area reserved and properly marked for disabled parking without
state-recognized identifiers on or in the vehicle.
(d)
Violation of this provision shall result in the issuance of a notice of infraction and/or the vehicle
may be towed by the property owner.
(Ord. No. 2015-018, § 2, 8-3-2015)
• 10.54.060 – Applicable state law adopted by reference
All applicable provisions of Chapter 46.55 RCW*, as now or hereafter amended, are hereby
incorporated into this chapter by this reference. In the event that any provision of this chapter
may conflict with any provision of Chapter 46.55 RCW or other applicable state law, the state
law provision will control.
*Code reviser’s note: A true and correct copy of Chapter 46.55 RCW is attached as
Exhibit A to Ordinance xxxx, which is on file in the office of the city clerk.
• 10.54.070 – Abandoned and junk vehicle motor vehicles – Statutes
adopted by reference
The following statutes of the state of Washington, including all future amendments thereto,
are adopted by reference:
RCW
46.55.010 Definitions
46.55.070 Posting requirements – Exception
46.55.080 Law enforcement impound, private impound
46.55.085 Law enforcement impound – Abandoned vehicle
46.55.090 Storage, return requirements – Personal belongings – Combination
endorsement for tow truck drivers – Authority to view impounded vehicle
46.55.100 Impound notice – Abandoned vehicle
46.55.110 Notice to legal and registered owners
46.55.113 Removal by police officer, when
46.55.120 Redemption of vehicles – Sale of unredeemed vehicles
46.55.130 Notice requirements – Public auction – Accumulation of storage charges
46.55.140 Operator’s lien, deficiency claim, liability
46.55.230 Junk vehicles – Certification, notification, removal, sale
• 10.54.080 – Impound without notice
A. A vehicle may be impounded with or without citation and without giving prior notice to its
owner as otherwise required by this chapter under the following circumstances:
1. When the vehicle is impeding or is likely to impede the normal flow of vehicular or
pedestrian traffic; or
2. When the vehicle is illegally occupying a truck, commercial load, bus, loading, or other
similar zone where, by order of the director of engineering or chiefs of police or fire, parking
is limited to designated classes of vehicles or is prohibited during certain hours, or
designated days, or at all times, and where such vehicle is interfering with the proper and
intended use of such zones; or
3. When a vehicle without a special license plate, card, or decal indicating that the vehicle is
being used to transport a disabled person as defined under Chapter 46.19 RCW, as now or
hereafter amended, is parked in a stall or space clearly and conspicuously marked as being
reserved for disabled persons, whether the space is located on private property without
charge or on public property; or
4. When the vehicle poses an immediate danger to public safety; or
5. When a police officer has probable cause to believe that the vehicle is stolen; or
6. When a police officer has probable cause to believe that the vehicle constitutes orcontains
evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or
preserve the evidence.
B. Nothing in this section shall be construed to authorize seizure of a vehicle without a
warrant where a warrant would otherwise be required by law.
• 10.54.090 – Impound after notice
A. A vehicle not subject to impoundment under AMC 10.54.080 may be impounded after
notice of the proposed impoundment has been securely attached to and conspicuously
displayed on the vehicle for a period of 24 hours prior to such impoundment for the following
reasons:
1. When such vehicle is parked in violation of any law, ordinance, or regulation; or
2. When such vehicle is so mechanically defective as to be unsafe for operation; provided,
however, that this section shall not be construed to prevent the operation of any such
defective vehicle to a place for correction of equipment defect in a manner directed by any
law enforcement officer.
• 10.54.100 – How impound is to be effected
When impoundment is authorized by this chapter, a vehicle may be impounded either by an
officer or authorized agent of the police department, or by a contractor for towing and storage
services acting at the request of an officer or authorized agent of the police department, and
in accordance with a city contract.
• 10.54.110 – Notice to owner
A. Not more than 24 hours after impoundment of any vehicle, the towing contractor shall mail
a notice by first class mail to the last known and legal owners of the vehicle, as may be
disclosed by the vehicle identification number, and as provided by the Washington State
Department of Licensing. The notice shall contain the full particulars of the impoundment,
procedures for redemption, a copy of the invoice for towing and storage, an opportunity for a
hearing to contest the propriety of the impoundment, and a form to be submitted for
requesting such a hearing.
B. Similar notice shall be given to each person who seeks to redeem an impounded vehicle
except that if a vehicle is redeemed prior to the mailing of notice, then such notice need not
be mailed.
C. The Arlington police department shall give written notification to the vehicle’s last
registered and legal owner that an investigatory hold has been removed, except that if a
vehicle is redeemed following notice by telephone and prior to the mailing of notice, then
notice need not be mailed. In addition, the police department shall notify the towing
contractor, by telephone or in writing, of the authorization to release such vehicle.
• 10.54.120 – Redemption of impounded vehicles
Vehicles impounded by the city pursuant to this chapter shall be redeemed only under the
following circumstances:
A. An impounded vehicle may be redeemed only by the legal owner, the registered owner, a
person authorized in writing by the registered owner or the vehicle’s insurer, a person who is
determined and verified to have the permission of the registered owner of the vehicle, or one
who has purchased a vehicle from the registered owner and who produces either proof of
ownership or written authorization and signs a receipt therefor.
B. Any person redeeming a vehicle properly impounded by the city shall pay the towing
contractor for the costs of impoundment (removal, towing and storage) prior to redeeming
such vehicle. The towing contractor shall accept payment as provided in RCW 46.55.120, as
now or hereafter amended.
C. Any person seeking to redeem a vehicle impounded as a result of a parking or traffic
citation has a right to a hearing to contest the validity of the impoundment or the amount of
towing and storage charges imposed. Any such request for hearing must be in writing, in a
form approved by the Snohomish County District Court – Cascade Division[JZ1], and signed
by such person, and received by the court within 10 days after the requesting person
received notice of the impound and opportunity for a hearing. Such hearing shall be provided
as follows:
1. The court, within five days after receiving the request for a hearing, shall, in writing, notify
the towing contractor, the person requesting the hearing if not the owner, the registered and
legal owners of the vehicle, and the person or agency authorizing the impound of the hearing
date and time.
2. If all the requirements to redeem the vehicle have been satisfied, the impounded vehicle
shall be released to such person immediately, and a hearing as provided for in AMC
10.54.130 shall be held within 90 days of the written request for a hearing.
3. If all the requirements to redeem the vehicle have not been satisfied, the impounded
vehicle shall not be released to such person until after the hearing provided pursuant to AMC
10.54.130. Such person shall have the right to a hearing within seven business days
(Monday through Friday, excluding court holidays) of the court’s receipt of the written request
for a hearing.
4. Any person seeking a hearing who has failed to request such hearing within 10 days of
receiving notice of the opportunity therefor shall be deemed to have waived the right to a
hearing, and the registered owner of the impounded vehicle shall be liable for any towing and
storage fees incurred in relation to the vehicle.
5. Redemption of vehicles impounded for violations of driving with an invalidated (i.e.,
suspended or revoked) license shall be as provided under RCW 46.55.120.
• 10.54.130 – Post-impound hearing procedure
Hearings requested pursuant to AMC 10.54.120 shall be held in the Snohomish County
District Court – Cascade Division, which court shall determine whether the impoundment
was proper and whether the associated removal, towing and storage fees charged were
proper.
A. At the hearing, the person requesting the hearing may produce any relevant evidence to
show that the impoundment, towing, or storage fees charged were improper. The court may
consider a written report made under oath by the officer who authorized the impoundment in
lieu of the officer’s personal appearance at the hearing. An abstract of the driver’s driving
record is admissible without further evidentiary foundation and is prima facie evidence of the
status of the driver’s license, permit or privilege to drive and that the driver was in fact
convicted of each offense listed on the abstract. In addition, a certified vehicle registration of
the impounded vehicle is admissible without further evidentiary foundation and is prima facie
evidence of the identity of the registered owner of the vehicle.
B. If the impoundment is found to be proper, the court shall enter an order so stating. In the
event that the costs of impoundment (removal, towing and storage fees) have not been paid,
the court’s order shall provide that the impounded vehicle shall be released only after
payment to the city of any fines imposed on the underlying citation and the costs of
impoundment to the towing company, as well as payment of all court costs associated with
the hearing. In the event that the court grants time payments, the city shall ensure that the
costs of impoundment are ultimately paid to the towing company. The court shall grant time
payments only upon a showing of extreme financial need, and where there is an effective
guaranty of payment.
C. If the impoundment is determined to be improper, the court shall enter an order so stating
and order the immediate release of the vehicle. The court shall order that the registered and
legal owner of the vehicle shall bear no impoundment, towing, or storage fees, and that the
city shall be liable for any such fees. The court shall enter judgment in favor of the towing
contractor against the city for the impoundment, towing, and storage fees paid. In addition,
the court shall enter judgment in favor of the registered and legal owner of the vehicle and
against the city for the amount of the filing fee for the impound hearing petition.
D. In the event that the court finds that the impoundment was proper but that the removal,
towing and storage fees charged for the impoundment were improper, the court shall
determine the correct fees to be charged. If the costs of impoundment have been paid, the
court shall enter a judgment against the towing company and in favor of the person who has
paid the costs of impoundment for the amount of the overpayment.
E. No determination of facts made at a hearing under this section shall have any collateral
estoppel effect on any subsequent criminal prosecution and such determination shall not
preclude litigation of those same facts in a subsequent criminal prosecution.
• 10.54.140 – Record of impounded vehicles
A. The police department shall keep, and make available for public inspection, a record of all
vehicles impounded under the provisions of this chapter. The record shall include, but is not
necessarily limited to, the following information:
1. Manufacturer’s trade name or make;
2. Vehicle license number and state of registration;
3. Vehicle identification number;
4. Such other descriptive information as the chief of police deems useful for purposes of
vehicle identification;
5. Basis for impoundment, including reference to the appropriate section or sections of this
chapter; and
6. Disposition of the vehicle and date of disposition.
B. The police department shall furnish to the towing contractor, upon request, the name of
the registered owner of any vehicle impounded by such contractor pursuant to this chapter.
• 10.54.150080 - Registered owner responsible—Presumption.
(a)
Every person in whose name a vehicle is registered shall be responsible for any violation of this
chapter caused by the parking, standing or stopping of said vehicle in violation hereof. It shall be
no defense that the vehicle was parked illegally by another, unless proof is presented that said
vehicle had been stolen and had not been returned to the registered owner by the date of the
violation. This section shall not apply to registered owners transferring vehicle ownership who
have complied with RCW 46.52.104 prior to the date of the violation.
(b)
In any parking violation case involving a violation of this chapter relating to the stopping, standing
or parking of a vehicle, proof that the particular vehicle described in the notice of parking violation
was stopping, standing or parking in violation of any such provision of this chapter, together with
proof of registered ownership of the vehicle at the time of the violation, shall constitute in evidence
a prima facie presumption that the registered owner of the vehicle was the person who parked or
placed the vehicle at the point where, and for the time during which, the violation occurred
provided the procedure for issuing a parking violation set forth in this chapter has been followed.
(Ord. No. 2015-018, § 4, 8-3-2015)
• 10.54.060 160 - Violation—Infraction.
A person violating any provision of this chapter commits an infraction, for the violation of
which they shall pay a civil penalty in a sum to be set by city resolution, plus court fees, where
applicable.
(a)
Parking infractions shall be paid at the City of Arlington Finance Department at city hall, 238 N.
Olympic Avenue, Arlington in person or by mail within fifteen days of issuance.
(b)
The fine for all parking infractions paid on the city's next full business day after the citation is given
shall be reduced by one-half the fine amount.
(c)
For payments made by mail, a postmark shall serve as the date the payment is made.
(d)
A parking infraction may be contested by notifying the finance department within fifteen days of
issuance and requesting a hearing.
(e)
Requests to contest infractions must be made in writing and signed by the owner of the vehicle.
(f)
When a request for a contested hearing is made, the finance department will forward a notice of
infraction to the municipal court for a hearing.
(g)
The fine for parking infractions that are neither contested nor paid within fifteen days of issuance
shall be doubled.
(h)
Failure to remit the fine within fifteen days of receiving a reminder notice from the municipal court
that the fine is due will result in the inability to renew the vehicle registration without remitting the
fine.
(i)
If no response or payment is made within fifteen calendar days from the date of issuance of the
notice of parking violation, the penalty for each violation may be referred to a collection agency
thirty days from the due date, or fifteen days after the penalty is due, pursuant to RCW 3.02.045
and 19.16.500. The violator may be liable for any and all collection costs
(j)
For all infractions that are neither contested nor paid within fifteen days of issuance, the municipal
court shall send the vehicle owner a reminder notice stating that payment has not been made and
describing the consequences of non-payment set forth in subsections (g) through (i).
(Ord. No. 2010-007, § 4, 5-17-2010; Ord. No. 2015-018, § 1, 8-3-2015; Ord. No. 2017-005, § 1, 7-
3-2017)
Editor's note— Ord. No. 2015-018, § 1, adopted August 3, 2015, amended § 10.54.060 to read
as set out herein. Previously § 10.54.060 was titled "Violation—Infraction and impound."
• 10.54.070 - Impounding vehicles.
The city may tow any vehicle that violates this chapter in a manner that obstructs the travel
portion of any roadway, sidewalk, or walkway.
(Ord. No. 2015-018, § 3, 8-3-2015)
• 10.54.080 - Registered owner responsible—Presumption.
(a)
Every person in whose name a vehicle is registered shall be responsible for any violation of this
chapter caused by the parking, standing or stopping of said vehicle in violation hereof. It shall be
no defense that the vehicle was parked illegally by another, unless proof is presented that said
vehicle had been stolen and had not been returned to the registered owner by the date of the
violation. This section shall not apply to registered owners transferring vehicle ownership who
have complied with RCW 46.52.104 prior to the date of the violation.
(b)
In any parking violation case involving a violation of this chapter relating to the stopping, standing
or parking of a vehicle, proof that the particular vehicle described in the notice of parking violation
was stopping, standing or parking in violation of any such provision of this chapter, together with
proof of registered ownership of the vehicle at the time of the violation, shall constitute in evidence
a prima facie presumption that the registered owner of the vehicle was the person who parked or
placed the vehicle at the point where, and for the time during which, the violation occurred
provided the procedure for issuing a parking violation set forth in this chapter has been followed.
(Ord. No. 2015-018, § 4, 8-3-2015)
• 10.84.020 - Model Traffic Ordinance adopted.
The "Washington Model Traffic Ordinance," Chapter 308-330 of the Washington
Administrative Code, hereinafter referred to as the "MTO" is adopted by reference as if fully set
forth, except as provided by other sections of this chapter, as the traffic ordinance for the city of
Arlington.
(Ord. 1288 §1, 2002).
• 10.84.030 - Deletions.
The following sections of the MTO are not adopted by reference and are expressly deleted:
WAC 308-330-210, 308-330-215, 308-330-225, 308-330-230, 308-330-235, 308-330-240, 308-
330-245, 308-330-250, 308-330-255 and 308-330-500 through 308-330-540.
(Ord. 1288 §1, 2002).
• 10.84.040 - Amendments.
(a)
MTO Section 308-330-275 is amended to delete a representative of the city attorney's office as a
member of the traffic safety commission.
(b)
MTO Section 308-330-100 is amended to delete the definition of "highway" set out therein and to
substitute in its place the following definition of "highway":
For the purposes of this title, "highway" means the entire width between the
boundary lines of every way, lane, road, street, boulevard, parking lot and every
location or place in the city whether publicly or privately maintained, when any
part is open at any time to the use of the public for vehicular travel.
(Ord. 1288 §1, 2002).
• 10.84.050 - Speed limits.
The adoption of the MTO will not be deemed to affect speed limits established by prior
ordinances.
(Ord. 1288 §1, 2002).
• 10.84.060 - Impoundment of vehicles driven by suspended/revoked
drivers.
Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for
violation of RCW 46.20.342 (Driving while license suspended or revoked (DWLS/DWLR)) or
46.20.420 (Operation of vehicle under other license or permit prohibited while license suspended
or revoked) the vehicle is subject to impoundment at the business location of a registered tow
truck operator at the direction of the city police chief or one of his officers.
(Ord. 1288 §1, 2002).
• 10.84.070 - Holding vehicles impounded.
(a)
DWLS/DWLR First Degree or Second Degree. When a vehicle is impounded because the operator
is in violation of RCW 46.20.342(1)(a) or (b) (DWLS/DWLR First or Second Degree), the vehicle
will be held, at the written direction of the city police chief or one of his officers, in impound before
it may be redeemed for:
Seventy-two hours when the Department of Licensing's records show that the operator
has no prior conviction of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the
past five years; Ten days when the Department of Licensing's records show that the operator
has been convicted once of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the
past five years; and
Thirty days when the Department of Licensing's records show that the operator has
been convicted two or more times of RCW 46.20.342(1)(a) or (b) or a similar local ordinance
within the past five years.
(b)
DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is in violation of
RCW 46.20.342(1)(c) (DWLS/DWLR Third Degree), the vehicle will be held, at the written direction
of the city police chief or one of his officers, in impound before it may be redeemed, as follows:
The city will issue an immediate written order of release of the vehicle from impound
upon compliance with the provisions of Section 10.84.080(1) and (2) when the Department of
Licensing's records show that the operator has no prior convictions of RCW 46.20.342(1)(a),
(b), or (c) or a similar local ordinance within the past five years; and
Seventy-two hours when the Department of Licensing's records show that the operator
has one or more convictions of RCW 46.20.342(1)(a), (b) or (c) or a similar local ordinance
within the past five years.
(c)
Hardship Release. The city police chief or one of his officers may issue a written order to release
the vehicle from impound before the expiration of the impound period on the basis of economic or
personal hardship to the spouse of the operator, taking into consideration public safety factors,
including the operator's criminal history and driving record.
(Ord. 1288 §1, 2002).
• 10.84.080 - Redemption of impounded vehicles.
Vehicles impounded pursuant to Section 10.84.060 may be redeemed, after being held for
the requisite number of days in impound under Section 10.84.070, upon the following conditions:
(1)
The person redeeming the vehicle is an eligible person to redeem the vehicle under RCW
46.55.120(1)(a) and pays all towing, removal, and storage fees in commercially reasonable tender
as provided in RCW 46.55.120(1)(b); and
(2)
When the vehicle was impounded because the operator was in violation of RCW 46.20.342 and
the operator is the registered owner, such registered owner establishes with the city that all
penalties, fines, or forfeitures owed by him or her for traffic violations have been paid in full; and
(3)
Issuance of a written order from the city police chief or one of his officers directing release of the
impounded vehicle.
(Ord. 1288 §1, 2002).
• 10.84.090 - Contesting impoundment or towing and storage charges.
(a)
Any person seeking to redeem a vehicle impounded under this chapter has a right pursuant to the
provisions of RCW 46.55.120(2)(b) to a hearing in the Arlington municipal court to contest the
validity of the impoundment or the amount of the towing and storage charges.
(b)
The city police chief or one of his officers will appear and represent the city at the impoundment
validity hearing in the municipal court. The prosecuting attorney is not required to represent the
city at the hearing.
(Ord. 1288 §1, 2002).
• 10.84.100 - Application to airport.
The provisions of this title will apply to all streets and roads located on the Arlington municipal
airport, except where more stringent regulations have been adopted by ordinance or by regulation
adopted by the Arlington airport commission, in which case the more stringent regulations will
apply.
(Ord. 1288 §1, 2002).
City of Arlington Council Agenda Bill Item: #4 Attachment D
that benefit from social services allowing defense attorneys to spend more time on legal defense work. Clients working with a social worker can benefit from decreased jail time and decreased recidivism. This saves our tax paying community money (arrest, prosecution, defense, medical, and incarceration). In 2017 Arlington and Lake Stevens experienced a recidivism rate of 35% whereas Marysville, which did not participate in the program, experienced a recidivism rate of 67%. In 2019, the grant opportunity was extended through the first
City of Arlington Council Agenda Bill Item: #5
Budget Amendment to be done 2020 LEGAL REVIEW: DESCRIPTION: Award of the Lift Station #15 contract for the installation and testing of a prepackaged Sewer Lift Station to be installed as part of the Baker-Mor development site. HISTORY: The City of Arlington has entered into a recovery contract with Baker-Mor, LLC and AMWA-JPM, LLC for the construction of a lift station and force main to provide sanitary sewer service to the Baker-Mor development site in Smokey Point. Staff conducted a formal bid (Project PO2-465) for procurement of a Prepackaged Sewer Lift Station. Once the construction drawings were complete, staff advertised for the installation, testing and start-up of the prepackaged sewer lift station on January 24th, bids will be received on February 7th. Due to the urgency of this project, the preliminary Bid Tabulation will be handed out at the February 10th th
City of Arlington Council Agenda Bill Item: 6 Attachment F COUNCIL MEETING DATE: February 10, 2020 SUBJECT: Award of 40th Avenue Intersection Design Contract to Perteet, Inc. ATTACHMENTS: Preliminary Layout of 40th Ave Intersection Perteet, Inc. Scope of Work and Fee for Design of the 40th Avenue Intersection DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: $161,538.00 BUDGET CATEGORY: Transportation Improvement Fund / TIB Grant BUDGETED AMOUNT: $997,225 (2020) LEGAL REVIEW: DESCRIPTION: Recommendation to contract with Perteet, Inc. for Design and Engineering Services for the 40th Ave/SR-531 Intersection project. HISTORY: In 2018 Arlington received approval from WSDOT to install a traffic signal at the intersection of 172nd St (SR-531) and 40th Avenue. In 2019 staff applied for and received a $1,121,328.00 grant from the Transportation Improvement Board (TIB) to fund design, ROW procurement and construction of a signal at this intersection. In conjunction with the signal, the project will include elimination of the center turn lane from Smokey Point Blvd to 43rd Ave, installation of ADA compliant pedestrian crossings, and the addition of
CITY OF ARLINGTON
172ND AVE NE & 40TH AVE NE
Y
CIT OF
ARLI N GTON
INTERSECTION EXHIBIT
Scope of Services – Final Design
172nd Street NE and 40th Avenue NE Signal and Median Improvements
January 23, 2019
City of Arlington
2707 COLBY AVENUE, SUITE 900
EVERETT, WA 98201
800.615.9900 | 425.252.7700
172ND AND 40TH SIGNAL AND MEDIAN IMPROVEMENTS
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INTRODUCTION
The City of Arlington has received approval from the Washington State Department of
Transportation (WSDOT) to install a traffic signal at the intersection of 172nd Street NE (SR 531)
and 40th Avenue NE. In conjunction with this signal, the multiple left-turn pockets along 172nd
Street NE from Smokey Point Boulevard to 43rd Avenue NE will be eliminated allowing left
turns at each end and at the proposed 40th Avenue NE signal.
Additional improvements at the intersection will include ADA ramps on all four corners,
modification of the median to allow left turn movements in the eastbound and westbound
directions, channelization and signing improvements, and the addition of bus stop pull outs on
the northwest and southeast corners. Minor retaining walls may be required to maintain the
improvements within the existing right-of-way.
The Intersection Control Evaluation (ICE) and Channelization Plan has been prepared and
completed under a separate contract and will be the basis of the intersection improvements.
The intent of this scope of work is to further the design to the 30%, 90%, and plans for bid.
Designer services shall be limited to those expressly set forth herein. If the service is not
specifically identified herein, it is expressly excluded. Designer shall have no other obligations,
duties, or responsibilities associated with the project except as expressly provided in this
Agreement.
Project Definition
• Design project to a final design level (drawings, specifications, and opinion of costs).
• Walkway, crosswalk, and pedestrian circulation need to meet ADA requirements at the
proposed signalized intersection.
• Potential design of a retaining wall along the southwest corner of the site. Assumed to
be per standard plans.
• Modifications to the existing drainage system to accommodate new curb line for the
proposed curb returns on the north side of the intersection and the bus pullouts.
• A new signal and detection on all legs in accordance with WSDOT NWR standards. Signal
design will include extension of conduit to the existing fiber optic network on 43rd
Avenue NE.
DESIGN STANDARDS
Design file, reports, documents, and plans prepared as part of this Scope of Services, to the
extent feasible, shall be developed in accordance with the latest edition and amendments to
the following documents, as of the date this Agreement is signed:
• Standard Specifications for Road, Bridge, and Municipal Construction, 2018 English
Edition, published by WSDOT and the Washington State Chapter APWA.
172ND AND 40TH SIGNAL AND MEDIAN IMPROVEMENTS
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• Standard Plans for Road, Bridge, and Municipal Construction, (M 21-10), published by
WSDOT.
• AASHTO: A Policy on Geometric Design of Highways and Streets (2011 Edition).
• 2009 Manual on Uniform Traffic Control Devices (MUTCD).
• Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way
(PROWAG), July 26, 2011.
• City of Arlington Standard Plans (located on the City web page).
• Department of Ecology (Ecology) 2012 “Stormwater Management Manual for Western
Washington” (SWMMWW) may be used as guidance.
• The 2012 Low Impact Design Manual (LID Manual) may be used as guidance.
• WSDOT NWR Signal Design Standards
TASKS
Task 1 – Project Management
As first order of work, the Consultant will schedule a kickoff meeting and develop a brief project
work plan, which will include:
• Project Goals and Vision
• Communication Plan
• Project Organization Plan with key contacts, project stakeholders, and team
responsibilities
• Project Budget
• Project Schedule
A draft of the project work plan will be handed out to the design team and the City of Arlington
at the kickoff meeting.
As part of the project, the Consultant will prepare monthly progress reports that describe the
work items and percentage of work items that were accomplished during a given month, as
well as a forecast of work to be completed over the following month. The monthly progress
reports will also identify any other issues or problems that may occur in any given month. The
Consultant will submit these monthly progress reports to Arlington’s Project Manager with the
monthly invoices. The Consultant Project Manager will notify Arlington’s Project Manager, in
writing (memo format), of any out of scope and/or budgetary issues that are inconsistent with
this Scope of Work.
The City of Arlington and the Consultant will hold biweekly project coordination
teleconferences. Face-to-face meetings will be held every other month. Six (6) coordination
meetings as needed throughout the project duration.
172ND AND 40TH SIGNAL AND MEDIAN IMPROVEMENTS
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Work Elements:
• Facilitate project kickoff meeting.
• Prepare Work Plan update and add plan set comment tracking form.
• Prepare project schedule and updates.
• Hold biweekly teleconferences with City of Arlington
• Conduct up to six (6) in-person meetings.
• Prepare six (6) meeting agendas and minutes.
• Manage subconsultant activities.
• Prepare monthly progress reports/invoices.
Assumptions:
• This contract duration shall be no longer than twelve (12) months.
• Project kickoff meeting will be held at the City of Arlington’s Public Works
Administration office.
• Maximum of two (2) project schedule updates will be prepared.
• Perteet will coordinate with subconsultants via e-mails, meetings and weekly 15-minute
phone calls.
• A maximum of twelve (12) progress reports and invoices will be prepared.
• Construction management services are not included in this scope and can be scoped
separately at a later date.
Deliverables:
• Kickoff Meeting Agenda and Minutes
• Work Plan
• Project Schedule (Smartsheet format) and up to one (1) update
• Project Meeting Agenda (6) and Minutes (6)
• Perteet Standard Monthly Progress Reports/Invoices (maximum of 12)
Task 2 – Survey
The survey task will be provided by the City under a separate agreement.
Task 3 – Geotechnical
The geotechnical task consists of the work elements documented in Attachment A.
172ND AND 40TH SIGNAL AND MEDIAN IMPROVEMENTS
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Task 4 – Stormwater Documentation
This work element will provide an analysis of the stormwater minimum requirements
associated with the proposed sidewalk improvements. This task will not include a hydraulic
analysis of the stormwater runoff since the proposed improvements will be minor and will not
trigger the thresholds for water quality treatment and flow control. This task will include
preparation of a Draft and Final Technical Memorandum as well as a SWPPP.
Work Elements:
• Prepare a Technical Memorandum for the project documenting compliance with or
exemption from the Core Elements.
• Prepare site assessment and change in paving maps showing existing drainage features
within the project area and identify threshold discharge areas (TDAs). Change in paving
maps will identify existing and proposed impervious areas. Mapping will be assembled
based upon existing topographic maps, City records, and City GIS information. This
information will be used for appropriate documentation in the Technical Memo.
Assumptions:
• The project will be designed in accordance with City of Arlington standards and the 2012
Stormwater Management Manual for Western Washington, as amended in 2014.
• The City will provide Consultant as-built drawings or survey as-build information for
stormwater system within the project limits.
• The project will not trigger flow control requirements.
• The project will not trigger water quality treatment requirements.
• The Technical Memo will undergo one (1) review cycle. The Consultant will prepare a
draft and final.
• Pipe capacity calculations will not be required as changes to the existing system are
expected to be limited to replacing catch basin inlets in kind.
Deliverables:
• Draft Drainage Technical Memorandum (PDF)
• Final Drainage Technical Memorandum (PDF)
Task 5 – Plans, Specifications, and Opinion of Cost
Construction plans, specifications, and an opinion of cost will be prepared based on the
recommendations identified during the traffic analysis completed prior to this contract,
geotechnical investigation (to be done by others), and the stormwater design documentation
tasks.
Work Elements:
172ND AND 40TH SIGNAL AND MEDIAN IMPROVEMENTS
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Plans
A total of up to forty-five (45) plan sheets are assumed to be necessary for the final design
construction plans. Specific final design construction plans are anticipated to consist of the
following sheets:
• Cover (1 sheet, not to scale)
• Legend and Abbreviations (1 sheet, not to scale)
• Survey Control and Alignment (1 sheet, not to scale)
• Typical Roadway Sections (1 sheet, not to scale)
• Site Preparation and Erosion Control Plan and Details (8 sheets, 1” = 20’ scale)
o These plans will identify areas of removal and site preparation along with Best
Management Practices for erosion control. Existing utility features will be shown
in halftone (screened). One sheet to document details for Temporary
Sedimentation and Control is included.
• Paving and Drainage Plan and Details (8 sheets, 1” = 20’ scale)
o These plans will demonstrate the project footprint and will include horizontal
and vertical alignment information, paving limits, drainage conveyance and
water quality facilities, and limits of cut/fill required. Existing utility features will
be shown in halftone (screened). Four sheets to document details for curb
ramps, drainage facilities, and other miscellaneous details are included.
• Traffic Signal Plans (6 sheets, scale varies)
o These plans will include a plan view, wiring diagram, pole and foundation
information, signal timing information, and signal interconnect design.
• Illumination Plan and Details (2 sheets, 1” = 20’ scale)
o These plans will include information for relocating existing luminaires. One sheet
to document details for luminaires, foundations, and associated conduit system
is included. Illumination improvements will be limited to the intersection of 40th
and 172nd.
• Channelization and Signing Plan and Details (6 sheets, 1” = 20’ scale)
o These plans will include sign tables documenting sign type, size and location.
One sheet to document details for channelization and signing is included.
• Landscaping and Irrigation (6 sheets, 1” = 20’ scale)
o These plans will detail landscaping and irrigation to be provided within the new
median
• Temporary Traffic Control Plan and Details (3 sheets, scale varies)
o These plans will identify a temporary pedestrian route during construction and
vehicle traffic detour plans. One detail sheet will be included.
Specifications
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The Consultant will prepare Contract Provisions ("Specifications") for the project. These will
include Special Provisions for the items of work that are not covered by the 2018
WSDOT/APWA Standard Specifications, any City of Arlington General Requirements, and bid
and contract forms.
Opinion of Cost
The opinion of cost will be based on unit prices and incorporate contingencies to account for
the level of completeness of plan preparation for each submittal, and to reflect past experience
on similar projects within the region.
5.1 30% Plans and Opinion of Cost
The 30% plans will consist of project footprint (plan view) information. All typical sections,
vertical information, construction notes, detail sheets, landscaping sheets, and traffic control
sheets are excluded from this submittal. The 30% design-level plans will consist of
approximately thirty-eight (38) plan sheets.
Work Elements:
• Prepare 30% design-level plans.
• Prepare 30% design-level opinion of cost.
Assumptions:
• Specifications will not be provided at the 30% design-level.
• Signal plans will follow WSDOT NW Region guidelines for layout and details.
• The City will finalize the general geometric layout of the proposed improvements
through the development and review of the 30% submittal. The layout shall not be
substantially modified in a later design phase. A substantial change in the layout will
constitute a change in scope and will allow the Consultant to negotiate additional
compensation for the change.
• Proposed improvements are not expected to extend beyond the existing right-of-way
with the exception of the roadway approachs at the intersection of 40th Avenue.
Deliverables:
• 30% design-level plans (half-size (11” x 17”), PDF)
• 30% design-level opinion of cost (PDF)
5.2 90% Plans and Opinion of Cost
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The 90% plans will consist of project plan and profile information and construction notes,
elevation information, and details needed for construction. The 90% design-level plans will
consist of approximately forty-one (41) plan sheets.
Work Elements:
• Prepare 90% design-level plans.
• Prepare 90% design-level opinion of cost.
• Prepare 90% design-level specifications.
Deliverables:
• 90% design-level plans (half-size (11” x 17”), PDF)
• 90% design-level opinion of cost (PDF)
• 90% design-level specifications (PDF)
5.3 Final Plans and Opinion of Cost
The final plans will be bid-ready.
Work Elements:
• Prepare final, bid ready plans.
• Prepare a final opinion of cost.
• Prepare final, bid ready specifications.
Deliverables:
• Bid-ready plans (one [1] signed, full-size (22” x 34”) hard copy; one [1] signed, half-size
(11” x 17”) hard copy; signed, half-size PDF)
• Final opinion of cost (one [1] hard copy, PDF)
• Bid-ready specifications (one [1] hard copy, PDF)
Task 6 – WSDOT Channelization Plans for Approval
The Consultant will prepare and submit to WSDOT Channelization Plans for Approval for
proposed improvements on 172nd Street NE from east of Smokey Point Boulevard to west of
43rd Avenue NE, including the intersection of 172nd Street NE and 40th Avenue NE.
Channelization Plans shall be completed per the checklists provided by the Development and
Local Agency reviewers staff of WSDOT Northwest Region (NWR). Up to three (3) submittals of
channelization plans are included.
A coordination meeting will be held at WSDOT NWR offices to determine the best approach to
ensure an efficient review process. This meeting is expected to be held in WSDOT NWR offices
172ND AND 40TH SIGNAL AND MEDIAN IMPROVEMENTS
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in Shoreline. Up to two (2) Consultant staff members will attend. This meeting will be scheduled
to occur during the 30% design process.
The Consultant will prepare and submit to WSDOT up to four (4) WSDOT Design Deviation
Requests associated with WSDOT Channelization Plans for Approval. Up to two (2) submittals of
each WSDOT Design Deviation Request is included. WSDOT Design Deviations Requests will
follow the WSDOT LAG Manual format.
Deliverables:
• WSDOT Northwest Region Channelization Plan Checklist
• WSDOT Northwest Region Plan Review Checklist
• WSDOT Channelization Plans for Approval at 1” = 50’ full size scale in AutoCAD format.
• Draft and final versions of WSDOT Design Deviation Requests in MS Word and AutoCAD
format.
Task 7 – Utility Coordination
The utility coordination task consists of the following work elements:
• Contact Matrix
This work element includes making initial contact with each of the franchise utilities that
own and maintain existing utilities within the vicinity of the project site. A contact
matrix will be created which will provide the contact information for each of the
franchise utility’s main points of contact.
• Utility Conflict Matrix
The Consultant will create an excel spreadsheet which will document each crossing of a
new storm line or new utility line with an existing utility line. Once pothole information
is received, then clearance or conflict information will be added to the matrix. If a
conflict exists, then coordination with the project engineer will commence to see if any
modifications can be made to the proposed system, prior to asking the franchises to
move their existing facilities. Overhead utility conflict information is also tracked.
• Utility Coordination Meetings
This work element includes the preparation and facilitation of up to two (2) utility
coordination meetings with franchise or city utilities. Efforts will be made to group
multiple utility companies in a single meeting to address issues.
• Pothole Coordination
This work element includes coordinating the pothole activities with APS and the utility
owners. This effort also includes coordinating with the survey subconsultant to pick up
the pothole information in the field. Once the information is collected, it will be entered
into the utility conflict matrix for analysis and determination of whether or not future
action is necessary. Utility conflict plans will also be created showing all crossings and
172ND AND 40TH SIGNAL AND MEDIAN IMPROVEMENTS
Agreement with Perteet Inc. December 17, 2019
9
File location: \\arlington\city\PW_Admin\Contracts\Perteet\08_40th Ave Intersection\Design Scope - 172nd 40th (Rev-COA
20200120) (002).docx
where each pothole was taken. Up to four (4) potholes will be performed by APS. When
we can, we will encourage the utility company to perform the potholes at their expense.
Deliverables:
• Final Utility Conflict Matrix in Excel and PDF format
Task 8 – SEPA Checklist
There is no federal funding associated with this project, nor is there anticipated to be sufficient
wetland or other federally regulated environmental elements that would create a federal nexus
for a NEPA environmental document. Therefore, a SEPA Checklist is the anticipated
environmental document on this project.
Work Elements:
• Prepare a draft SEPA Checklist for review and comment by the City. Emphasis will be on
transportation, water quality, consistency with land use and zoning, aesthetics, public
services and utility coordination.
• After review and comment of the draft SEPA Checklist by the City, a final SEPA Checklist
will be prepared based on City review comments.
• After the public comment period, the Consultant will review any comments received.
Assumptions:
• The City will prepare and issue the SEPA notice of application and determination.
• This Scope of Services assumes that there will be no SEPA appeals.
• The City will complete all local permits.
Deliverables:
• Draft SEPA Checklist (Microsoft Word format, electronic copy)
• Final SEPA Checklist (Microsoft Word format, electronic copy)
172ND AND 40TH SIGNAL AND MEDIAN IMPROVEMENTS
Agreement with Perteet Inc. December 17, 2019
10
File location: \\arlington\city\PW_Admin\Contracts\Perteet\08_40th Ave Intersection\Design Scope - 172nd 40th (Rev-COA
20200120) (002).docx
Task 9 – Right-of-way Documentation
The Consultant will prepare and submit a red and green markup of the current WSDOT SR 531
Right-of-way Plan for WSDOT incorporation. Plan Markups shall be completed per the WSDOT
R/W Division requirement including preparation of the plan markup, supporting boundary
calculations and parcel sketches. Up to three (3) submittals of the r/w documentation is
included.
Work Elements:
• Prepare R/W Plan markup (1 sheet)
• Prepare boundary calculation for existing, proposed r/w acquisition and remainder
parcels (up to four [4] Parcels)
• Prepare parcel sketch (Up to four [4])
Assumptions:
• Up to four (4) parcels will have acquisition or easements
• The City will provide title reports for the parcels having acquisition or easements
• Survey provided by the City will include ties to nearby section corners
• Legal Descriptions with supporting figures to be prepared by others.
• Negotiations and acquisition service to be performed by others.
Optional Services
• Bidding Assistance
• Construction Administration
Project
Client
PM
PROMO - 172nd & 40th Signal (2020)
City of Arlington
Rory Cameron
Contract Start Date
Contract End Date
Contract Duration:
1/20/2020
4/30/2020
3 Months
Last Update date
Perteet Project No.
1/23/2020
20180123.000
Principal Sr.
Associate
Sr.
Associate
Sr.
Associate
Sr.
Engineer /
Mgr
Engineer II Engineer II Lead
Technician/
Designer
Planner II Accountant Clerical Total
Hours
Labor Dollars
Task Billing Rate $250.00 $215.00 $215.00 $215.00 $200.00 $130.00 $130.00 $130.00 $120.00 $100.00 $90.00
1.0 Project Management 12.00 40.00 12.00 64.00 $12,200.00
Total 1.0 Project Management 12.00 0.00 0.00 0.00 40.00 0.00 0.00 0.00 0.00 12.00 0.00 64.00 $12,200.00
2.0 Survey 4.00 4.00 $800.00
Total 2.0 Survey 0.00 0.00 0.00 0.00 4.00 0.00 0.00 0.00 0.00 0.00 0.00 4.00 $800.00
3.0 Geotechnical Support 4.00 8.00 12.00 $2,600.00
Total 3.0 Geotechnical Support 4.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00 0.00 0.00 0.00 12.00 $2,600.00
4.0 Stormwater Documentation 2.00 6.00 8.00 $1,210.00
Total 4.0 Stormwater Documentation 0.00 2.00 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 0.00 8.00 $1,210.00
5.0 Plans, Specs, and Estimate
5.1 - 30% Plans & Estimate 8.00 8.00 24.00 102.00 16.00 80.00 238.00 $34,260.00
5.2 - 90% Plans, Specs, and Estimate 8.00 8.00 30.00 24.00 60.00 8.00 80.00 4.00 222.00 $34,570.00
5.3 - Final Plans, Specs, and Estimate 6.00 8.00 12.00 20.00 32.00 4.00 54.00 4.00 140.00 $21,860.00
Total 5.0 Plans, Specs, and Estimate 22.00 0.00 24.00 42.00 68.00 194.00 28.00 214.00 0.00 0.00 8.00 600.00 $90,690.00
6.0 WSDOT Channelization Plan 32.00 32.00 16.00 80.00 $12,640.00
Total 6.0 WSDOT Channelization Plan 0.00 0.00 0.00 0.00 32.00 32.00 0.00 16.00 0.00 0.00 0.00 80.00 $12,640.00
7.0 Utility Coordination 2.00 4.00 4.00 10.00 $1,820.00
Total 7.0 Utility Coordination 2.00 0.00 0.00 0.00 4.00 4.00 0.00 0.00 0.00 0.00 0.00 10.00 $1,820.00
8.0 SEPA 2.00 8.00 10.00 $1,390.00
Total 8.0 SEPA 0.00 0.00 0.00 2.00 0.00 0.00 0.00 0.00 8.00 0.00 0.00 10.00 $1,390.00
9.0 Right-of-way Documentation 2.00 24.00 48.00 16.00 90.00 $13,620.00
Total 9.0 Right-of-way Documentation 2.00 0.00 0.00 0.00 24.00 48.00 0.00 16.00 0.00 0.00 0.00 90.00 $13,620.00
Expenses
Total Expenses 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
Total Hours 42.00 2.00 24.00 44.00 180.00 278.00 34.00 246.00 8.00 12.00 8.00 878.00
Total Dollars $10,500.00 $430.00 $5,160.00 $9,460.00 $36,000.00 $36,140.00 $4,420.00 $31,980.00 $960.00 $1,200.00 $720.00 $136,970.00
Expenses:
CADD/Computer 2,540
Mileage - $.575 232
Totals: 2,772
Subconsultant Fees: Cost Markup Bill
HWA GeoSciences Inc 21,796 21,796
Totals: 21,796 21,796
Page 1 of 3v7.6.748 (DANH) -
City of Arlington Council Agenda Bill Item: 7 Attachment G COUNCIL MEETING DATE: February 10, 2020 SUBJECT: December 2019 Financial Report ATTACHMENTS: Financial Reports – Narrative General Fund Operating Statement Revenue Charts Other Fund Operating Statements
2011 2012 2013 2014 2015 2016 2017 2018 2019
Bal Fwd 3,301,313$ 2,915,658$ 2,457,641$ 1,829,337$ 1,537,533$ 1,972,113$ 2,550,400$ 3,680,769$ 4,961,746$
REVENUE
Trip Mitigation Received 266,367$ 43,270$ 372,882$ 152,815$ 545,793$ 238,216$ 858,535$ 1,344,082$ 651,237$
Park Mitigation Received 17,858$ 10,730$ 30,700$ 5,954$ 5,150$ 24,687$ 431,915$ 487,556$ 625,139$
Tree Impact Fees -$ -$ -$ -$ -$ -$ 6,784$ 103,643$ 750$
Investment Interest 40,933$ 27,593$ 19,228$ 14,360$ 19,747$ 43,386$ 34,127$ 57,531$ 109,074$
Repayment from EMS -$ -$ -$ -$ 298,641$ 325,698$ 288,024$ 498,196$
Repayment from Trans Imp -$ -$ -$ -$ -$ -$ -$ 385,000$ 350,000$
EXPENSE
Transfer to Park Imp -$ -$ -$ 30,850$ 59,053$ -$ 1,868$ -$ 61,773$
Transfer to Trans Imp 710,813$ 539,610$ 1,048,000$ 431,148$ 50,000$ 53,700$ 174,922$ 1,122,835$ -$
Other Expense (EMS Loan)-$ -$ 3,114$ 2,935$ 325,698$ -$ 312,226$ 472,196$ -$
Ending Bal 2,915,658$ 2,457,641$ 1,829,337$ 1,537,533$ 1,972,113$ 2,550,400$ 3,680,769$ 4,961,746$ 6,636,173$
Primary Projects Completed Sm. Pt Blvd Airport Blvd Airport Blvd Haller Park Haller Park
Trans Comp Plan 67th Avenue 67th Avenue Airport Blvd Arl Valley Road Arl Valley Road Arl Valley Road Arl Valley Road Haller Splash Pad
Centennial Trail Magnolia Eagle Heights 67th Avenue Trans Comp Plan Trans Comp Plan Trans Comp Plan 173rd Design
173rd Design 173rd Design 173rd Design Trans Comp Plan EMS Loan Multi-Modal Plan Isl Crossing Design
SR 9/ Crown Ridge SR 9 Roundabout EMS Loan BNSF Trail Design
Park Mitigation Transportation Mitigation
Balance to spend by end of 2020 -$ -$
Balance to spend by end of 2021 -$ 227,836$
Balance to spend by end of 2022 -$ 43,270$
Balance to spend by end of 2023 -$ 370,524$
Balance to spend by end of 2024 -$ 149,880$
Balance to spend by end of 2025 -$ 545,793$
Balance to spend by end of 2026 -$ 238,216$
Balance to spend by end of 2027 398,636$ 858,535$
Balance to spend by end of 2028 487,556$ 1,344,082$
Balance to spend by end of 2029 625,139$ 651,237$
Interest 29,477$ 117,908$
Dedicated Funds (High School, Trees, etc)-$ 548,085$
1,540,808$ 5,095,365$
12/31/2019 Total Fund Bal 6,636,173$
Growth Fund Balance Summary - 2011 to Current