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HomeMy WebLinkAbout01-11-10 Council Workshop 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 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA Sally Lien WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN 1. (30 minutes) SR 531 Corridor Pre-Design Analysis project – Kerri Woehler, WSDOT Project Manager 2. (15 minutes) Frank Barden, representative from PARC to discuss the proposed change AMC Title 2 regarding student representatives and No Smoking at events in City Parks. Frank Barden ATTACHMENT A 3. (5 minutes) Stillaguamish Senior Center Utility Easements Jim Kelly ATTACHMENT B 4. (5 minutes) Completion of Form I-9 Julie Good 5. (15 minutes) Continued review of AMC Title 8 revisions Kristin Banfield ATTACHMENT C 6. (15 minutes) Review of AMC Title 9 revisions Kristin Banfield ATTACHMENT D 7. (5 minutes) Authorization to apply for Tourism / Economic Development Grant for Legion Park Restrooms Paul Ellis ATTACHMENT E EXECUTIVE SESSION Steve Peiffle Consideration of real estate lease or purchase or price [RCW 42.30.110(1)(b)-(c)] RECONVENE ADJOURNMENT Arlington City Council Workshop January 11, 2010 – 7 PM City Council Chambers ~ 110 E. Third City of Arlington Council Agenda Bill AGENDA ITEM: WORKSHOP #2 ATTACHMENT A COUNCIL MEETING DATE: January 11, 2010 SUBJECT: Request from PARC to change language in AMC Title 2 regarding student representatives and establishment of a No Smoking policy at City events in City parks DEPARTMENT OF ORIGIN: Parks, Arts & Recreation Commission ATTACHMENTS: Proposed changes to AMC Title 2 Minutes of the 11/24/09 PARC Meeting EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: Council is requested to consider two requests from the City’s Parks, Arts and Recreation Commission. First, PARC requests changes to AMC Title 2 regarding the selection of student representatives and their ability to vote. Second, PARC requests the establishment of a No Smoking policy for City events held in City parks. HISTORY: The City participates in the Snohomish Health District “Tobacco Free Park” program and has signs at all City parks stating such. ALTERNATIVES: RECOMMENDED MOTION: No action at this time. Council is requested to provide direction to staff regarding the PARC requests. Chapter 2.40 BOARD OF PARKS, ARTS AND RECREATION COMMISSIONERS* __________ *For statutory provisions authorizing the creation of a board of park commissioners, see RCW 35.23.170. __________ Sections: 2.40.010 Board of parks, arts and recreation commissioners--Membership--Terms of office-- Powers and authority. 2.40.020 Chairperson and vice-chairperson of the parks, arts and recreation commission-- Election. 2.40.030 Meetings. 2.40.040 Attendance at regular meetings--Forfeiture of office. 2.40.050 Purpose and duties of the park, arts and recreation commission. 2.40.010 Board of parks, arts and recreation commissioners--Membership--Terms of office-- Powers and authority. (a) The city parks, arts and recreation commission (PARC) shall consist of nine members, appointed by the mayor with the consent of the city council. All members shall reside within the urban growth boundary of Arlington. Two of the members shall be youth-specific, non- voting members as described in subparagraph (d), below. For purposes of determining a quorum, only voting members shall be counted. (b) Commission members shall serve a term of four years, commencing on April 1st and ending March 31st. Terms of office shall be staggered so that not more than three terms will expire in the same year. (c) The commission shall serve as an advisory commission to the mayor and city council with respect to parks, arts and recreation facilities and programs within the city as well as changes, expansion or new acquisition of both facilities and programs. (d) There are hereby created two youth-specific seats on the PARC. Youth commission members shall not be entitled to vote. Youth commission members shall be appointed to serve up to for two-years terms during their junior and senior years in high school. , except for one initial youth appointee, who shall serve a one-year term. One youth representative shall live in the Arlington school district and one youth representative shall live in the Lakewood school district. With the exception of initial appointees, youth commission members from the Arlington school district shall be appointed in even years and youth commission members from the Lakewood school district shall be appointed in odd years. (Ord. 1296 §2, 2003: Ord. 1201 §1, 1999: Ord. 1116 §1, 1996; Ord. 1091 §1, 1995: Ord. 754 §2(part), 1980). 2.40.020 Chairperson and vice-chairperson of the parks, arts and recreation commission-- Election. The commission shall elect a chairperson and vice-chairperson from their members during the month of May. Both officers shall serve terms of two years. Members of the commission may serve no more than one two-year term as chair and no more than one two-year term as vice- chair during each four year term on the commission. The chairperson will preside at all meetings and the vice-chairperson will preside if the chairperson is absent. The city will provide staff support for the commission, including a secretary. (Ord. 1201 §2, 1999: Ord. 1116 §2, 1996: Ord. 754 §2(part), 1980). 2.40.030 Meetings. Regular meetings of the Arlington Parks, Arts, and Recreation Commission will be held on the fourth Tuesday of each month at seven p.m., in the Arlington City Council Chambers, 110 E. 3rd St, Arlington, Washington; provided, however, that whenever such regular meeting day falls on a Tuesday declared in RCW 1.16.050 now or in the future as a legal holiday, then the regular meeting of the commission will be held on the following Tuesday at seven p.m. (Ord. 1225 §1, 1999: amended during 2/00 supplement; Ord. 943 §1, 1989: Ord. 754 §2(part), 1980: Ord. 1281 §1, 2002). 2.40.040 Attendance at regular meetings-Forfeiture of office. Any commissioner with unexcused absences from more than half of all regularly scheduled parks, arts and recreation commissioner meetings during any six-month period, or with unexcused absences from any three consecutive regularly scheduled meetings, will forfeit his or her office, and the mayor, upon being so advised by the commission, will appoint a new member to serve the unexpired term of the commissioner whose office was forfeited, such appointment to be made in the manner set forth in Section 2.40.010 of this code. (Amended during 2/00 supplement; Ord. 776 §1, 1981: Ord. 1281 §1, 2002). 2.40.050 Purpose and duties of the park, arts and recreation commission. The work of the commission is to advise the mayor and city council in all matters related to the development and expansion of parks, arts and recreation facilities and programs and recommend purchase of new facilities for the beautification of the community and the enhancement of life for its citizens. The duties of the commission are to: (a) Develop a parks, arts and recreation comprehensive plan for the city and for future annexation areas. (b) Examine methods of funding, both from the city's annual budget, as well as attention to grants that may be available from outside sources. (c) Send their recommendations and requests to the city council to be placed on the regular council agenda for consideration. All actions taken by the PARC will be ratified by the city council in the normal manner, prior to said action being taken. (d) Once a year, physically examine the existing facilities and programs for improvements or changes and make a report to the mayor and council as to the findings and recommendations. An annual physical review by PARC will be conducted in May. (e) Once a year, review mitigation fees received from new construction for parks and recommend any needed changes to the mayor and city council. (f) Make recommendation to the mayor and city council about works of art to be located on public property. (Ord. 1201 §3, 1999: Ord. 1281 §1, 2002). DRAFT Page 1 of 2 City Council Chambers 110 East Third Street November 24, 2009 7:00PM Commissioners Present: Virginia Hatch, Bob Leonard, Mike Zachman, Leslie Larson, Frank Barden, Caroline Rensel, Bruce Wargo, and Peg Lahey Commissioners Absent: There were no Commissioners absent. Staff Present: Sarah Hegge – Recreation Coordinator, Paul Ellis – Capital Projects Manager, Marilyn Oertle – City Council, and Jan Bauer – Minute Taker Visitors: There were no visitors at the PARC meeting. Interim Commission Chair Leonard called the meeting to order at 7:03PM. Commissioner Hatch moved to approve the minutes of October 24, 2009. Commissioner Barden seconded the motion, which was approved with a 7-0-0-0 vote. Skatepark Improvements Assistant to the City Administrator for Special Projects Paul Ellis reported that the Skatepark improvements are underway. Grindline has had a meeting with area skateboarding kids. Street course improvements are the focus. A future goal is to pave both area parking lots at Quake and Evans Parks. PARC Ordinance Review of Student Representative Terms Student Representative Caroline Rensel was introduced. The present Student Representative Ordinance is not being followed and needs to be revised. Commissioner Hatch moved that the student representatives have equal voting rights with those on the Commission. Commissioner Barden seconded the motion, and discussion followed. The motion passed with a 6-0-1-0 vote with Commissioner Lahey casting the abstaining vote. Commissioner Hatch moved that we may have up to two student representatives on the PARC who can serve up to two years. Commissioner Zachman seconded the motion. Discussion followed. Commissioner Hatch amended the motion to include the last sentence in section 2.D of the PARC Ordinance would be deleted. Commissioner Minutes of the Arlington Parks, Arts, and Recreation Commission / Tree Board Meeting Minutes of the City of Arlington PARC Meeting DRAFT November 24, 2009 Page 2 of 2 Zachman seconded the amendment. The motion and amendment passed with a 7-0-0- 0 vote. Non-Smoking Park Events After addressing a citizen email requesting smoke-free events, Sarah Hegge stated that there is a smoke-free park suggestion in place, but there is no ordinance, and enforcement is very difficult. A lengthy discussion followed. Commissioner Hatch moved that the PARC recommend to the City Council that it is announced at all public events in all our parks where there is a large gathering of people that smokers please move away from the crowd when they smoke, as a matter of courtesy. Commissioner Larson seconded the motion. Discussion followed. The motion passed with a 7-0-0-0 vote. Other Business The Centennial Trail is being worked on north of the City on Highway 9. The Eagle Festival is set for the first weekend in February with funding from the Stillaguamish; portions of the Festival will be held in the Hogan Building; a poetry contest will be included in the list of events. Discussion followed with Sarah Hegge noting some of the many day’s events. Hotel Motel grant money for restrooms. Paul Ellis stated that the money awarded in 2009 will carry over to next year. Commissioner Wargo moved and Commissioner Lahey seconded the motion that the next PARC meeting be cancelled. Discussion followed. The motion was approved with a unanimous vote. The next meeting will be held January 26, 2010. Sarah Hegge announced upcoming events for December. The tree pruning class will be sponsored by the Arlington Garden Club sometime in late winter. Several other activities and items were discussed. The meeting was adjourned at 8:22PM. ______________________________________________ Jan Bauer, Minute Taker City of Arlington Council Agenda Bill AGENDA ITEM: WORKSHOP #3 ATTACHMENT B COUNCIL MEETING DATE: January 11, 2009 SUBJECT: Stillaguamish Senior Center Utilities Easements DEPARTMENT OF ORIGIN: Public Works - Engineering ATTACHMENTS: • Exhibit Map – showing location of easements EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney will prepare the final easement documents DESCRIPTION: The City is being asked to accept easements for water and sewer systems installed within the properties of the Stillaguamish Senior Center Complex as a condition of their expansion. Staff is working with two property owners – Stillaguamish Senior Center and RAZO LLC to finalize the easement. The City Attorney will be preparing the final documents for recording. HISTORY: As a condition of the expansion, the Stillaguamish Senior Center Complex was required to install water and sewer system extensions and related connections to the City system. Ownership and maintenance of all water and sewer extensions are to be turned over to City through a bill of sale once it is installed and accepted. These easements provide the City the ability to maintain and repair City owned infrastructure located on private property. ALTERNATIVES: No action at this time. RECOMMENDED ACTION: No action at this time. The Council will be asked to approve the acceptance of the easements at their January 19th meeting. New Parcel 1 New Parcel 1 New Parcel 2 New Parcel 3 182ND ST SMOKEY POINT BLVD 35TH AVE NE "Le ge nd Wat er line Eas em en t Se we r Ea se me nt ROW Coun ty Pa rce ls Scale:Date: File Name: Drawn By: StilliSrCntrallEasement8.5x11_09.mxd 12/31/2009 lb St illig uamish Senio r Cen terProposed Easem ents City of Ar lington 1 inch = 125 feet City of Arlington Council Agenda Bill AGENDA ITEM: WORKSHOP #5 ATTACHMENT C COUNCIL MEETING DATE: January 11, 2010 SUBJECT: Update of Arlington Municipal Code – Title 8 DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: Strikeout version of Title 8 – Animals EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: Proposed changes within Title 8 of the Arlington Municipal Code are attached for the Council’s review. AMC Title 8 discusses a variety of issues related to animals, including animal control, animal licensing, regulates kennels and the possession of exotic animals. HISTORY: The City Council reviewed Title 8 at the December 14, 2009 Workshop. Changes suggested by Council and the City Attorney have been incorporated into this draft. ALTERNATIVES: RECOMMENDED MOTION: No action at this time. 1 Current AMC Title 8 with strikeouts - 12-09 Title 8 ANIMALS Chapters: 8.05 Administration, Enforcement and Definitions 8.09 Animal Control Licensing and Minor Violations 8.10 Animal Control Major Violations 8.13 Regulation of Dogs 8.17 Regulation and Control of Other Animals 8.21 Animal Cruelty * Prior ordinance history: Ords. 318, 700, 705, 726, 896, 898-A and 1138 2 Current AMC Title 8 with strikeouts - 12-09 Chapter 8.05 ADMINISTRATION, ENFORCEMENT AND DEFINITIONS Sections: 8.05.010 Administration and enforcement 8.05.020 Purpose—Immunity 8.05.030 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 cruelty to animals, and by licensing kennels, catteries, animals grooming parlors, and pet shops with 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. 3 Current AMC Title 8 with strikeouts - 12-09 8.05.030 Definitions. As used in the 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: (a)“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. (b)“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. (c)“Allow” means to permit by neglecting or failing to restrain or prevent. (d)“Animal” shall have its customary common meaning and shall include any member of the classes; reptile, amphibian, bird or mammal, except human. (e)“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 the pertain to the shelter and welfare of animals. (f)“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. (g)“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. (h)“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 male repairs to restore the property to its original condition, which exceeds one hundred dollars. (i)“Dangerous animal” or “dangerous dog” means any dog that according o the records of the appropriate authority: (1) Has inflicted sever 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 again aggressively bites, attacks, or endangers the safety of humans or domestic animals. Excluded from this definition is a dog investigated as potentially dangerous when the threat, injure, 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. (j)“Dog” means any member of one or more species of the genus Canis. (k)“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. 4 Current AMC Title 8 with strikeouts - 12-09 (l)“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. (m)“Exotic animals” means any animals that are not native to or usually found in the United States, including: (1) All nonhuman primates (2) All wild cats of the family Felidae and their hybrid, except for the domestic cat, Felis catus; (3) All species of bear; (4) All wild carnivores f the family Canidae and their hybrid, except for the domestic dg, Canis familiaris; (5) Venomous reptiles and amphibians; (6) All reticulated pythons, Burmese pythons and snakes which may reach ten feet or more in length; and (7) All members of the Alligator, Crocodile (Crocodylus) and Caiman (Crocodylus) families., 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 consitiute 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 reguilations, principally the following: WAC 232-12-015, 232-12-030, 232-12-040, 232-12-050 and 232-12- 060. (n)“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, pigeons and geese. (o)“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. (p)“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. (q)“Harboring” means any occupant 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 is presumes to be harboring or keeping the animal within the meaning of this chapter. (r)“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; 5 Current AMC Title 8 with strikeouts - 12-09 (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. (s)“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. (t)“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 should and no more than one hundred fifty pounds in weight and is an in-house pet. (u)“Nuisance” means any act or situation by a dog 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. (v)“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. (w)“Person” means any individual, corporation, association or any other legal entity, a partnership, and any other unincorporated association. (x)“Pet shop” is any licensed establishment or premises maintained for the purchase, sale, or exchange of pets of any type. (y)“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. 6 Current AMC Title 8 with strikeouts - 12-09 (z)“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. (aa)“Potentially dangerous animal” or “potentially dangerous dog” means any dog that when provoked: (1) Inflicts 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 the definition. (bb)“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. (cc)“Service animal” means an animal that is trained for the purposes of assisting or accommodating a disabled person’s sensory, mental or physical disability. (dd)“Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (ee)“Wild animal” means any animal living in its natural state and native to the United States and nor normally domesticated, raised, or bred by humans. (Ord. 1371 §1 (part), 2005). 7 Current AMC Title 8 with strikeouts - 12-09 Chapter 8.09 ANIMAL CONTROL LICENSING AND MINOR VIOLATIONS Sections: 8.09.010 Dog licenses—Required. 8.09.020 Leash required. 8.09.030 Unlicensed animals. 8.09.040 Animal waste on publicly owned property or property not belonging to the owner. 8.09.050 Animals at large 8.09.060 Animals on sidewalks 8.09.070 Animals at prohibited public places. 8.09.080 Interfering with a wildlife corridor. 8.09.100 Regulations pertaining to kennels, catteries, grooming parlors, pet shops, and other boarding facilities. 8.09.105 Inspections. 8.09.110 Revocation of license. 8.09.115 Operation and facility requirements. 8.09.120 Pet shops—Additional regulations 8.09.125 Grooming parlors— Conditions—Requirements 8.09.200 Violation—penalty 8.09.010 Dog licenses—Required. (a) It is unlawful for any person, firm, or corporation to own won, possess, harbor or maintain any dog, male or female, over the age of six 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 six 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. The penalties for failing to license a dog or cat pursuant to this section are $250.00 for each offense. (b) License Prohibited. Dogs that are determined to be dangerous by another any competent jurisdiction are prohibited within the city and licensing these animals is prohibited. (c) License Exemptions. The following circumstances are exemptions 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 use 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: 8 Current AMC Title 8 with strikeouts - 12-09 (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 if ofsufficient height to prevent the dog from reaching persons off the property, and that the owner shall restraining the guard dog in such a manner that the dog is unable to reach persons using the normal ingress and egress to and from 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 nay 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. (Ord. 1371 §1 (part), 2005). 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 and any public park, or on any public property, or upon the private property of another within the city, unless such dog while away from such premises is under the control of the owner by a leash that is attached to the person. 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), 2205). 8.09.030 Unlicensed animals. Kennels, catteries, 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, cattery, 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). 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: 9 Current AMC Title 8 with strikeouts - 12-09 (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 the 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. (Ord. 1371 §1 (part), 2005). 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. It is unlawful for an owner to allow any domestic, or exotic animal, except cats and pigeons, upon any public school playground, publicly maintained park or play field, an environmentally critical area as defined in AMC Chapter 20.88, or other city owned property that is designated by signs as prohibited to such animals. (Ord. 1371 §1 (part), 2005). 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 the AMC Chapter 20.88 or that blocks or interferes with the intended movement of wild animals. (Ord. 1371 §1 (part), 2005). 8.09.100 rRegulations 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; 10 Current AMC Title 8 with strikeouts - 12-09 (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, set by resolution, due and payable on January 2nd of each 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). 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 had 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 AMC Section 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 11 Current AMC Title 8 with strikeouts - 12-09 animal and food wastes, bedding, dead animals and debris is done is 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 excreta. (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 or 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). 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. 12 Current AMC Title 8 with strikeouts - 12-09 (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 that 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 place to properly dispose of pet waste and follow the plan. (Ord. 1371 §1 (part), 2005. 8.09.125 Grooming parlors—Conditions—Requirements. Grooming parlors shall: (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, which said animal is at the facility. (3) Not permit animals kept therein for the direct 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 prescribed any treatment or medicine that is in the province of a licensed veterinarian as provided in RCW 19.92.01018.92.010. (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). 8.09.200 Violation—Penalty. Failure to comply with any provision of this section shall be a civil infraction with a fine as adopted by resolutionof $150.00 for the first and second offense. The third offense is a gross misdemeanor punishable by one thousand dollars fine and 13 Current AMC Title 8 with strikeouts - 12-09 or ninety days in jail. In addition to the described penalties, the involved animals may be impounded and kenneled at the owner’s expense. (1) Any violation of this chapter not, otherwise designated isas a misdemeanor or gross misdemeanor, and shall constitute a civil infraction punishable by a fine in an amount not to exceed $250.00. (2) Any person violating any provision of this chapter, not otherwise designated as a misdemeanor or gross misdemeanor, three or more times in any 12-month period shall have committed a civil infraction punishable by a fine not to exceed $500.00. (3) Any violation of this chapter designated as a misdemeanor shall be punishable by a maximum of 90 days in jail and/or a fine not to exceed $1000.00. (4) Any violation of this chapter designated as a gross misdemeanor shall be punishable by a maximum of 365 days in jail and/or a fine not to exceed $5,000.00. (Ord. 1371 §1 (part), 2005). 14 Current AMC Title 8 with strikeouts - 12-09 Chapter 8.10 ANIMAL CONTROL MAJOR VIOLATION Sections: 8.10.010 Obstructing an officer or concealing an animal 8.10.020 Nuisance—Generally. 8.10.030 Number of dogs and cats permitted. 8.10.040 Potentially dangerous and dangerous dogs. 8.10.050 Noisy animals. 8.10.060 Offensive premises. 8.10.070 Injury to property. 8.10.080 Violation—Abatement. 8.10.090 Animal bite quarantine, responsibilities of the owner—Control of rabid or potentially rabid animals. 8.10.100 Failure to report—When striking an animal with motor vehicle. 8.10.110 Unlawful tethering. 8.10.120 Unlawful possession. 8.10.130 Destruction of dangerous, injured or diseased animals. 8.10.140 Violation—Penalty. 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. (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 and/or three adult cats on any premises in the city except as described in commercial animal kennel regulations. (ord. 1371 §1 (part), 2005). 8.10.040 Potentially dangerous and dangerous dog. (a) Declaration of potentially dangerous/dangerous dogs – Procedure. (1) The police department shall classify potentially dangerous/dangerous dogs. The department may find and declare an animal potentially dangerous/dangerous if an animal control officer has probable cause to believe that the animal falls within the definitions set forth in AMC xx8.xx05.xxx030. The finding must be based upon: 15 Current AMC Title 8 with strikeouts - 12-09 (a) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of AMC xx8.xx05.xxx030; or (b) Dog bite reports filed with the police department; or (c) Actions of the dog witnessesd by any animal control officer or law enforcement officer; or (d) Other substantial evidence. (2) The declaration of potentially dangerous/dangerous dog shall be in writing and shall be served on the owner in one of the following methods: (a) Certified mail to the owner’s last known address; or (b) Personally; or (c) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation. (3) The declaration shall state at least: (a) The description of the animal; (b) The name and address of the owner, if known; (c) The location of the animal isf not in custody of the owner; (d) The facts upon which the declaration of potentially dangerous dog is based; (e) The restrictions placed on the animal; and (f) The ability and process for appealing the declaration. (b) Notification of status of potentially dangerous dog. (1) The owner of a potentially dangerous dog shall immediately notify the police department when the animal: (a) Is loose or unconfined off the property; or (b) Has bitten or injured a human being or another animal; or (c) Is sold or given away or dies; or (d) Is moved to another address. (2) Prior to a potentially dangerous dog being sold or given away, the owner shall provide the name, address and telephone number of the new owner to the police department. The new owner shall comply with all the requirements of this chapter. (ac) Duties for Keeping a Potentially Dangerous Dog. The owner of a potentially dangerous dog shall: (1) Securely confine the dog on the owner’s property either indoors, in a fenced yard with a locked gate or in an enclosed open or structure suitable to prevent the entry of unauthorized persons and preventing the animal’s escape; (2)Obtain and Post signs and maintain them for the duration that the dog is on the premises to warn the public that the dog is under investigation. The signs are provided by Tthe police department and the animal control authority will determine the signs placement of said signs. 16 Current AMC Title 8 with strikeouts - 12-09 (3) The dog may leave the property only when restrained by a substantial leashed. not longer than forty eight (48) inches, and under the physical control of a person eighteen (18) years or older who is capable of restraining such animal. If the dog is under investigation for biting, then it must be muzzled in a manner that prevents it from biting but does not cause pain or obstruction of breathing. (4) Allow the animal control authority to enter the premises to determine compliance. (bd) Notice of a Potentially Dangerous Dog. Upon determining that probable cause exists to believe that a dog is potentially dangerous, the animal control authority may issue a written notice to the owner. The notice shall contain the following: name and address of the owner of the dog, description of the dog, and a statement of why the dog was found to be potentially dangerous. (ce) Impounding a Potentially Dangerous Dog. The animal control authority may immediately impound a potentially dangerous dog when the owner has failed to comply with any of the duties described. (df) Disposition of a Dangerous Dog. A dog that is determined to be dangerous by the animal control authority using the definitions in this chapter shall be impounded by the animal control authority and held until it is destroyed or permanently removed from the city under conditions agreed upon with the animal control authority. If the animal is permanently removed from the city, then the conditions shall include: (1) (1) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least two hundred fiftyfifty thousand dollars payable to any person injured by the animal;;or (2) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. (32) Proof of placement of a microchip that is capable of being scanned by an “AVID” or equivalent brand microchip scanner; (43) Consent for initial and subsequent inspection of the enclosure in which the animal is and will be kept; and (54) Compliance with all the licensing requirements in the jurisdiction where the animal is to reside. (eg) Prior Convictions for Possessing a Dangerous Dog or RCW 16.08.100. When a dog that is previously determined to be dangerous attacks or bites a person or another domestic animal, the dog’s owner is guilty of a gross misdemeanor. In addition, the dog shall be immediately impounded by the animal control authority, place in quarantine for a proper length of time and thereafter destroyed in a humane fashion. The owner of the dog shall be responsible for all associated costs of impounding and destruction. (fh) Declaration-Appeal Hearing-Proceduress. An owner of a dog that is determined to be dangerous or potentially dangerous can appeal the designation by the animal control 17 Current AMC Title 8 with strikeouts - 12-09 authority to the hearing examiner. The process for perfecting an appeal shall be as prescribed by the Arlington Municipal Code Chapter 20.20. However, during the appeal period, the instructions of the animal shall be followed. (Ord. 1371 §1 (part), 2005). (i) Permits and fees. Following the declaration of a potentially dangerous dog and the exhaustion of the appeal process, the owner of a potentially dangerous dog shall obtain a permit for such dog from the office of the city clerk upon proof that all registration requirements of RCW 16.08.080 have been satisfied, and shall be required to pay $100.00 for the permit. If the owner fails to obtain a permit or fails to file an appeal, the animal control officer is authorized to seize and impound the animal and, after notification to the owner, hold the animals for no more than five days before the destruction of the animal. The Owner/Keeper of this animal must obtain a surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a sum of not less than $100,000 payable to a person injured by the dog, or a policy of liability insurance issued by an insurer qualified under title 48 RCW in an amount not less than $100,000 insuring the owner or keeper for personal injuries inflicted by the dog. (j) Declaration – Impoundment pending appeal. Following service of a declaration of potentially dangerous or dangerous dog, and pending appeal under AMC 8.10.040 (h), the animal control authority may, if circumstances require, impound the animal at the owner’s or keeper’s expense, pursuant to the provisions of this chapter, until the municipal court or a higher court of competent jurisdiction orders either its redemption or destruction. (k) Impoundment for biting. If a dog classified as a dangerous dog bites a person or another domestic animal, such dog shall be immediately impounded by the animal control authority, paced in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. Any such animal which is deemed uncatchable by the animal control authority may be killed by such official isif no other reasonable means of capture is available or such animal continues to be a threat to persons or domestic animals. Reasonable means of capture may include the use of tranquilizers which, depending upon the animal’s age, size, and physical condition, may cause death. The owner or keeper of any dangerous dog impounded and destroyed pursuant to this subsection shall be assessesd, in addition to the actual costs of the quarantine, a civil penalty in the amount of $10.00 per day for each day such dangerous dog is quarantined by the animal control authority and tin the amount of $50.00 for the cost of destroying such dangerous dog. (l) Dogs exempted – Effect of trespass or tort. The requirement of this chapter related to potentially dangerous and dangerous dogs shall not apply to dogs registered for use by law enforcement officials for police work, whether or not such animal is maintained at its handler’s residence, or to animals held in quarantine by a licensed veterinarian. Further Dogs shall not be declared potentially dangerous or dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. 18 Current AMC Title 8 with strikeouts - 12-09 (m) Limitations on ownership of potentially dangerous dogs or dangerous dogs – Reporting Requirements. (1) It is unlawful for an owner or keeper of a potentially dangerous dog or dangerous dog to permit such animal to be outside the proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash not longer than 48 inches and under the physical control of a person 18 years of age or older who is capable of restraining such animal. The muzzle shall be constructed so that it will not cause injury to the dog or interfere with its vision or respiration. Such muzzle shall be constructed so that it will prevent the dog from biting any person or animal. Such dogs shall not be leashed or otherwise tied or tethered to inanimate objects, such as trees, posts, buildings, mail boxes, newspaper vending machines, and the like. Dangerous dogs shall wear a bright orange collar, not less than two inches in width, at all times. (2) It is unlawful for any person under the age of 18 years to own or keep a potentially dangerous or dangerous dog within the city limits. (3) It is unlawful for any person to own or keep more than one potentially dangerous dog or dangerous dog within the city limits. (4) It is unlawful to transfer ownership of a potentially dangerous dogor dangerous dog within the city limits unless the recipient has complied with the registration and licensing requirements of this chapter for such animal. (5) It is unlawful to keep or maintain the offspring or a dangerous dog within the city for more than eight weeks following the birth of such offspring unless the offspring are registered as potentially dangerous dogs under this chapter. (6) It is unlawful for the owner or keeper of any animal which is subject to any licensing requirements of the city to fail to report any bites or injuries suffered by any person or domestic animal as a result of an attack incident or other contact with such animal, regardless of the geographical location where such attack, incident or other contact occurs. (7) It is unlawful for any owner or keeper to fail to immediately notify the animal control authority in writing of: (a) The removal from the city or death of any dog registered under this chapter; or (b) The birth of offspring of any dangerous dog; or (c) The new address of the owner or keeper of any dog registered under this chapter should such person move within the city limits. (8) Failure to Comply. Any person who fails to comply with the mandatory or prohibitory provisions of this section shall be assessed a civil penalty or shall be guilty of a gross misdemeanor as provided in AMC 8.10.200. (n) Immunity. The city, the animal control authority, and any animal control officer executing the responsibilities set forth in this chapter shall be immune from all civil liability for an action or actions taken pursuant to this chapter, or for failure to take action to enforce the provisions of this chapter. It is not the purpose or intent of this chapter to create on the part of the city, its officers, employees, agents, or volunteers a special duty or relationship toward a specific class of individuals. This chapter has been enacted for the safety and welfare of the public as a whole. 19 Current AMC Title 8 with strikeouts - 12-09 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 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 a 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 be 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 on property so as to cause one hundred dollars or more in damage to property, 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 the 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 fourt 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., shall be ordered by the court to immediately abate and remove such nuisance and if the same is not done y 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 lee 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. 20 Current AMC Title 8 with strikeouts - 12-09 (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 shall be cause for impoundment of the dog. (b) The person ordered to abate the nuisance shall be liable for all costs and expenses of abating the nuisance when the nuisance is abated by the city, which costs and expenses shall be taxed as a part of costs of prosecution against the party, to be recovered as other costs are recovered. In all cases where the officer authorized by the court abates a nuisance, the officer shall keep an account of the expenses related to the abatement, and in addition to other authority granted by the chapter to collect such costs and expenses, the city may bring suit for the costs and expenses in any court of competent jurisdiction against the person keeping or maintaining the abated nuisance. (Ord. 1371 §1, (part), 2005). 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, determined from 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. 21 Current AMC Title 8 with strikeouts - 12-09 (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, 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. It is unlawful for an owner to tether and leave an animal unattended in such a manner as to permit the animal to be on a sidewalk, street or alley; or to allow the animal to enter any premise and create a nuisance. (Ord. 1371 §1 (part), 2005). 8.10.120 Unlawful possession. Any person who has any domestic, or exotic wild animal, except cats and 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). 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 22 Current AMC Title 8 with strikeouts - 12-09 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 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). 8.10.200 Violation—Penalty. Failure to comply with any provision of this section shall be a misdemeanor subject to a term of not more than ninety days, a fine of not more than one thousand dollars, or both a fine and imprisonment.(1) No person shall violate or fail to comply with this chapter. (2) A first violation of or failure to comply with this chapter within a 12-month period is a class 3 civil infraction. (3) A second violation of or failure to comply with this chapter within a 12-month period is a class 1 civil infraction (4) A third or subsequent violation of or failure to comply with this chapter within a 12-month period is a gross misdemeanor. (Ord. 1371 §1 (part), 2005). 23 Current AMC Title 8 with strikeouts - 12-09 Chapter 8.13 REGULATION OF DOGS Sections: 8.13.010 Transfer of dog ownership. 8.13.020 Confining dogs in heat. 8.13.030 Right of entry and inspection onto private property. 8.13.040 Impoundment procedure—Generally. 8.13.050 Impoundment—Fees. 8.13.060 Removing without permission. 8.13.070 Chasing vehicles or cyclists. 8.13.080 Threat to pedestrians or cyclists. 8.13.090 Dogs prohibited—Locations. 8.13.200 Violation and penalty. 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 the 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; 24 Current AMC Title 8 with strikeouts - 12-09 (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 any 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; the officer shall not enter the residence of the owner without permission or a warrant. (Ord. 1371 §1 (part), 2005). 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 as defined by RCW 16.52.070 and/or the provisions of this title; provided, 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 25 Current AMC Title 8 with strikeouts - 12-09 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). 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 the public streets, avenues, parks, alleys or ways 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 8.09.080. (Ord. 1371 §1 (part), 2005). 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 the public sidewalks, streets, alleys, parks, or public places of the city. 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 8.09.080 of this chapter. (Ord. 1371 §1 (part), 2005). 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). 26 Current AMC Title 8 with strikeouts - 12-09 8.13.200 Violation and penalty. Failure to comply with any provision of this chapter shall be a gross misdemeanor subject to a term of not more than ninety days, a fine of not more than one 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). 27 Current AMC Title 8 with strikeouts - 12-09 Chapter 8.17 REGULATION AND CONTROL OF OTHER ANIMALS Sections: 8.17.010 Keeping animals in the city—General regulations. 8.17.020 Exotic and/or wild animals prohibited —Permit required. 8.17.030 Exotic animals. 8.17.040 Possession of wild animals prohibited—Exceptions. 8.17.050 Hitching of horses prohibited in business or commercial districts. 8.17.060 Driving or riding animals so as to endanger persons or property. 8.10.200 Violation and penalty. 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 specifies of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the city except as if the same is now or may be hereafter forbidden by ordinance, provided that the following conditions are adhered to. 1. Livestock are prohibited in all areas other than those as defined in this code per Table 20.40-1, permissible use 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 out in a vacant lot in such manner that it cannot get upon any street, ally, or other public place within the city provided that the same is so confined or staked out as to effectively prevent it from getting within fifty One Hundred (100) feet of any property line, dwelling or other building in which persons’ work or are accustomed to be, or near enough to the property of another to do damage thereto or commit any nuisance thereupon, specifically including bodies of water and wildlife corridors; and provided, further, that 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.of the streets, alleys or other public places of the city. 3. All species of fowl, rabbit or pot bellied pigs shall be kept in an approved building, pen or enclosure. 4. All such structures shall be located a minimum of Twenty-Five (25) feet from any property line or adjacent residence or building, and Fifty (50) feet from any Rights of Way, public or private. 5. Any building, pen or enclosure which houses such animals shall be kept clean, healthful and free from unsanitary conditions and disagreeable odors. 6. All feed or food products shall be kept in secure, tightly sealed, rodent proof containers. 28 Current AMC Title 8 with strikeouts - 12-09 7. 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) Hives or colonies of bees shall be kept in a manner in which they are inaccessible to the general public and so that bee movements to and from the hive do not interfere with the ordinary movements of persons on adjacent properties or the public right-of-way. Hives shall be located at least fifty feet from the nearest property line. All colonies must be registered with the director of the department of agriculture of the state of Washington as provided in RCW 15.60.030021. (c) All stables and other buildings and all enclosures and premises upon which any such animals are kept and confined shall be kept in a clean, healthful, and sanitary condition by the person owning, possessing, or using any such premises for said purposes; and no persons owning, possessing, or using any such premises shall permit any nuisance to be formed or to accumulate thereon. A waste management plan that conforms to existing law must be created and followed. (dc) 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. (ed) Any person violating any of the provisions of this section shall be deemed guilty of a civil infraction and upon conviction thereof shall be fined an amount as set by council resolution. (Ord. 1371 §1 (part), 2005). 8.17.202 Exotic and/or wild animalsPotentially 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 (3) of this section. (2) A person shall not breed a potentially dangerous wild animal. (3) A person in legal possession of a potentially dangerous wild animl 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.—Permit required. (a) A permit from the animal control authority shall be required for any person, firm, corporation or business to own or maintain any wild or exotic animal. (b) A permit to own and maintain any wild or exotic animal will be issued only if: (1) It can be demonstrated that public safety is not at risk and proper animal enclosures exist to ensure the public’s safety; (2) The standard of care and physical facility requirements must meet or exceed the guidelines used at the Woodland Park Zoo in Seattle. The burden of proof to comply with this section lies with the property owner where the animal is kept; 29 Current AMC Title 8 with strikeouts - 12-09 (3) Facilities and enclosures for wild and/or exotic animals are subject to inspection at any time upon providing notice at least twenty-four hours in advance of inspection; (4) Failure to submit to such inspections shall be sufficient grounds for permit revocation. (c) Any person having said permit revoked for violations of this chapter shall immediately remove said animals from the city. (d) Exempt from the permit requirement of this section are: (1) Circuses and zoos staying within the city for a limited time of no more than thirty days provided that proper safeguards are taken to protect the public and the animal control authority is notified of their arrival, all locations used to keep the animals, and duration of stay, and (2) State registered wildlife rehabilitation centers, sanctioned by the Washington State Wildlife Department. (e) The annual permit fee to own or maintain any wild or exotic animal shall be set by resolution for each approved location, regardless of the number(s) of said wild animals. (f) No person shall be permitted to own, harbor or maintain any lion, tiger, bear, gorilla, lynx, cougar, jaguar or venomous snake, coyote, crows, jays or ravens, or any other native species to Washington except as licensed under state law. (g) No person shall have, keep or maintain any exotic or wild animal unless specifically permitted. (Ord. 1371 §1 (part), 2005). 8.17.030 Exotic animals. The owner of an exotic animal that is allowed by state or federal law, and allowed pursuant to the terms of the zoning code must keep the animal at all times of the zoning code must keep the animal at all times contained within a fence or cage consistent with the age, size and species o the animal. (Ord. 1371 §1 (part), 2005). 8.17.040 Possession of wild animals prohibited—Exceptions. No person shall own any dangerous or wild animal unless he or she has obtained a permit from the State Game Department and/or Federal Fish and Wildlife Service; provided, that the animal control authority may allow a person to temporarily care for an infant or injure wild animal native to this area which is homeless while the person acquired the necessary state and/or federal permits and upon a showing that the animal will be adequately controlled to protect the health and safety of humans and of other animals. (Ord. 1371 §1 (part), 2005). 8.17.505 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 30 Current AMC Title 8 with strikeouts - 12-09 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). 8.17.200 Violation and penalty. Failure to comply with any provision of this chapter shall be a gross misdemeanor subject to a term of not more than ninety days, a fine of not more than one 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). 31 Current AMC Title 8 with strikeouts - 12-09 Chapter 8.21 ANIMAL CRUELTY Sections: 18.21.010 Humane care—Violations declared unlawful. 18.21.020 Cruelty. 18.21.100 Violation and penalty. 18.21.010 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 on 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 animal or domestic animal to poison or said 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, mutilateds, 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 32 Current AMC Title 8 with strikeouts - 12-09 of a misdemeanor, punishable in accordance with AMC Section 1.04.010. (Ord. 1371 §1 (part), 2005). 8.21.100 Violation and penalty. Failure to comply with any provision of this chapter shall be a gross misdemeanor subject to a term of not more than ninety days, a fine of not more than one 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). City of Arlington Council Agenda Bill AGENDA ITEM: WORKSHOP #6 ATTACHMENT D COUNCIL MEETING DATE: January 11, 2010 SUBJECT: Update of Arlington Municipal Code – Title 9 DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: Strikeout version of Title 9 – Peace, Morals, and Safety EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Legal review is ongoing DESCRIPTION: Proposed changes within Title 9 of the Arlington Municipal Code are attached for the Council’s review. AMC Title 9 discusses a variety of issues related to various crimes and the associated penalties. HISTORY: The City Council is reviewing the Arlington Municipal Code to update it for eventual publication to the City’s website. ALTERNATIVES: RECOMMENDED MOTION: No action at this time. Current AMC Title 9 with strikeouts - 12-09 1 Title 9 PEACE, MORALS AND SAFETY* __________ *For provisions relating to gambling, see Chapter 3.32 of this code. __________ Chapters: 9.04 General Provisions - NO CHANGES 9.08 Crimes Relating to Persons – Reflecting changes in state law 9.12 Crimes Relating to Children and Minors – NO CHANGES 9.16 Crimes Relating to Public Morals – Reflecting changes in state law 9.20 Crimes Relating to Public Peace and Tranquility – Adding penalty reference 9.24 Crimes Relating to Fire – NO CHANGES 9.28 Crimes Relating to Property – Minor Revisions & changes in state law 9.32 Crimes Relating to Fraud and False Representations – Reflecting changes in state law 9.36 Crimes Relating to Public Officers – Correcting state law references 9.40 Crimes Relating to Controlled Substances, Drug Paraphernalia, Poisons and Toxic Fumes – Minor Revisions & correcting state law references 9.44 Crimes Relating to Alcoholic Beverages – Deleting duplicate section 9.48 Crimes Relating to Firearms and Dangerous Weapons – Reflecting changes in state law 9.52 Miscellaneous Crimes – Reflecting changes in state law Current AMC Title 9 with strikeouts - 12-09 2 Chapter 9.04 GENERAL PROVISIONS Sections: 9.04.010 Retroactive effect and construction. 9.04.020 Principles of liability. 9.04.030 Defenses. 9.04.040 Contempt. 9.04.050 Anticipatory offenses prohibited. 9.04.060 Penalty. 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. Current AMC Title 9 with strikeouts - 12-09 3 (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 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 Current AMC Title 9 with strikeouts - 12-09 4 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). Current AMC Title 9 with strikeouts - 12-09 5 Chapter 9.08 CRIMES RELATING TO PERSONS Sections: 9.08.010 Assault and other crimes involving physical harm. 9.08.020 Menacing. 9.08.030 Aggressive begging. 9.08.040 Harassment. 9.08.050 Custodial interference. 9.08.060 Violation of civil anti-harassment orders. 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 9.61.230, Telephone harassment. (6) RCW 9.61.240, Telephone harassment--Permitting telephone to be used. (7) RCW 9.61.250, Telephone harassment--Offenses, where deemed committed. (8) RCW 10.99.020, Definitions. (9) RCW 10.99.030, Law enforcement officers--Training, powers, duties--Domestic violence reports. (10) RCW 10.99.040, Duties of court--No-contact order. (11) RCW 10.99.055, Enforcement of orders. (12) RCW 10.99.060, Prosecutor's notice to victim--Description of available procedures. (13) RCW 26.09.300, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--Defense-- Peace officers, immunity. (14) RCW 26.10.220, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--Defense-- Peace officers, immunity. (15) RCW 26.44.067, Temporary restraining order or preliminary injunction--Contents--Notice- -Noncompliance--Defense--Penalty. (16) RCW 26.50.010, Definitions. (17) RCW 26.50.110, Order--Transmittal to law enforcement agency--Record in law enforcement information system--Enforceability. (18) RCW 26.50.120, Violation of order--Prosecuting attorney or attorney for municipality may be requested to assist--costs and attorney's fee. (19) RCW 26.50.140, Peace officers--immunity. (Ord. 1383 §1, 2005: Ord. 1289 §§1, 2, 2002). (20) RCW 9A.36.160, Failing to summon assistance. (21) RCW 9A.36.161, Penalty (22) RCW 9.61.260, Cyberstalking. Current AMC Title 9 with strikeouts - 12-09 6 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 Aggressive begging. (a) It is a crime for any person to engage in aggressive begging in any public place in the city as those terms are defined by this section. (b) As used in this section: (1) Aggressive begging means to beg with intent to intimidate another person into giving money or goods. (2) Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means. (c) Intimidate means to coerce or frighten into submission or obedience. (d) Public place means any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adapted to and fitted for vehicular or pedestrian travel, that is in common use by the public with the consent, expressed or implied, of the owner or owners, and further, any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-of-way open to the use of the public. (e) Aggressive begging is a gross misdemeanor. (Ord. 1289 §2, 2002). 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: Current AMC Title 9 with strikeouts - 12-09 7 (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. (Ord. 1289 §2, 2002). Current AMC Title 9 with strikeouts - 12-09 8 Chapter 9.12 CRIMES RELATING TO CHILDREN AND MINORS Sections: 9.12.010 Statute adopted. 9.12.020 Leaving children unattended. 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 13.32A.080, Unlawful harboring of a minor-Penalties-Defense-Prosecution of adult for involving child in commission of offense. (Ord. 1289 §2, 2002). 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). Current AMC Title 9 with strikeouts - 12-09 9 Chapter 9.16 CRIMES RELATING TO PUBLIC MORALS Sections: 9.16.010 Definitions. 9.16.020 Indecent exposure. 9.16.030 Locations of performers providing certain forms of entertainment restricted. 9.16.040 Prostitution-Unlawful acts, penalty. 9.16.050 Probation violations. 9.16.060 Prostitution-Sex of parties immaterial. 9.16.070 Patronizing a prostitute. 9.16.080 Sexual exploitation of children and minor access to erotic materials. 9.16.090 Urinating in public. 9.16.100 Nude sunbathing prohibited. 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 Current AMC Title 9 with strikeouts - 12-09 10 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. (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 Current AMC Title 9 with strikeouts - 12-09 11 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. 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 Current AMC Title 9 with strikeouts - 12-09 12 (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: (a) RCW 9.68A.011, Definitions. (b) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit conduct. (c) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit conduct- Report required. (d) RCW 9.68A.110(1),(2),(5), Certain defenses barred, permitted. (e) RCW 9.68A.120, Seizure and forfeiture of property. (f) RCW 9.68A.130, Recovery of costs of suit by minor. (g) RCW 9.68A.140, Definitions. (h) RCW 9.68A.150, Allowing minor on premises of live erotic performance-Penalty. . (i) RCW 9.68A.160, Penalty. (Ord. 1289 §2, 2002). 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 Nude sunbathing prohibited. (a) A person is guilty of nude sunbathing if he or she intentionally makes any open or obscene exposure of his or her person at a public beach. (b) Every person who violates any provision of this section will be guilty of a misdemeanor, and on conviction therefor will be fined not more than two hundred fifty dollars. (Ord. 1289 §2, 2002). Current AMC Title 9 with strikeouts - 12-09 13 Chapter 9.20 CRIMES RELATING TO PUBLIC PEACE AND TRANQUILITY Sections: 9.20.010 Disorderly conduct. 9.20.020 Riot; failure to disperse; obstruction. 9.20.030 Privacy, violating right of. 9.20.040 Malicious prosecution; abuse of process. 9.20.050 Definitions. 9.20.060 Nuisance noise originating from private property or premises not open to the public. 9.20.070 Complaints and enforcement. 9.20.080 Nuisance noise originating from public property or premises open to the public and/or vehicles. 9.20.090 Enforcement and penalty. 9.20.100 Exemptions. 9.20.110 Variance. 9.20.120 Civil enforcement. 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: (a) RCW 9.73.010, Divulging telegram. (b) RCW 9.73.020, Opening sealed letter. (c) RCW 9.73.030, Intercepting, recording or divulging private communication--Consent required--Exceptions. (d) RCW 9.73.070, Persons and activities excepted from chapter. Current AMC Title 9 with strikeouts - 12-09 14 (e) RCW 9.73.090, Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080--Standards--Court authorizations--Admissibility. (f) RCW 9.73.100, Recordings available to defense counsel. (g) RCW 9.73.080, Penalties. (Ord. 1289 § 2, 2002). 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; Current AMC Title 9 with strikeouts - 12-09 15 (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). Current AMC Title 9 with strikeouts - 12-09 16 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 an animal; (3) Noise which originates from aircraft in flight or otherwise lawful aviation functions; (4) Noise which originates from fireworks that are allowed by law or permit; or (5) Noise which originates from fire alarms or emergency equipment. (Ord. 1320 § 7, 2004). 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 Current AMC Title 9 with strikeouts - 12-09 17 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). Current AMC Title 9 with strikeouts - 12-09 18 Chapter 9.24 CRIMES RELATING TO FIRE Sections: 9.24.010 Reckless burning. 9.24.020 False fire alarms and miscellaneous crimes. 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). Current AMC Title 9 with strikeouts - 12-09 19 Chapter 9.28 CRIMES RELATING TO PROPERTY Sections: 9.28.010 Theft, unauthorized issuance of bank checks and possession of stolen property. 9.28.020 Malicious mischief and obscuring identity of machines. 9.28.030 Trespass and related crimes. 9.28.040 Disruption of school activities. 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.56.096, Theft of rental property. (6) RCW 9A.56.140, Possessing stolen property--Definition--Presumption. (7) RCW 9A.56.170, Possessing stolen property in the third degree. (8) RCW 9A.56.220, Theft of cable subscription television services. (9) RCW 9A.56.230, Unlawful sale of cable subscription television services. (10) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation. (11) RCW 9A.56.270, Shopping cart theft. (12) RCW 9A.56.063, Making or possessing motor vehicle theft tools. (Ord. 1383 §2, 2005: Ord. 1289 §§1, 2, 2002). 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.56.180, Obscuring identity of a machine. (4) RCW 9A.48.105, Criminal street gang tagging and graffiti. (Ord. 1289 §§1, 2, 2002). 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. Current AMC Title 9 with strikeouts - 12-09 20 (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. (Ord. 1289 §§1, 2, 2002). 9.28.040 Disruption of school activities. A person is guilty of disruption of school activities if he or she comes into or remains in a school building, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto, and intentionally causes disruption of the activities of the school. Violation of this section is a misdemeanor. (Ord. 1289 §§1, 2, 2002). Current AMC Title 9 with strikeouts - 12-09 21 Chapter 9.32 CRIMES RELATING TO FRAUD AND FALSE REPRESENTATIONS Sections: 9.32.010 Fraud. 9.32.020 False representations. 9.32.010 Fraud. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (a) RCW 9.04.010, False advertising. (b) RCW 9.45.060, Encumbered, leased or rented personal property-Construction. (c) RCW 9.45.070, Mock auctions. (d) RCW 9.45.080, Fraudulent removal of property. (e) RCW 9.45.090, Knowingly receiving fraudulent conveyance. (f) RCW 9.45.100, Fraud in assignment for benefit of creditors. (g) RCW 9A.60.040045, Criminal impersonation in the second degree. (h) RCW 9A.60.050, False certification. (i) RCW 9A.61.010, Definitions. (j) RCW 9A.61.020, Defrauding public utility. (k) RCW 9A.61.050, Defrauding a public utility in the third degree. (l) RCW 9A.61.060, Restitution and costs. (m) RCW 9.45.270(1), Fraudulent filing of vehicle report of sale. (Ord. 1289 §2, 2002). 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. (Ord. 1289 §2, 2002). Current AMC Title 9 with strikeouts - 12-09 22 Chapter 9.36 CRIMES RELATING TO PUBLIC OFFICERS Sections: 9.36.010 Obstructing public officers. 9.36.020 Public officer defined. 9.36.030 Obstructing justice, criminal assistance, introducing contraband and related offenses. 9.36.040 Escape. 9.36.050 Vehicles resembling police or fire vehicles. 9.36.060 Interference with and abuse of police dogs prohibited. 9.36.010 Obstructing public officers. It is unlawful for any person to make any willfully untrue, misleading or exaggerated statement to, or to willfully 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). 9.36.020 Public officer defined. Public officer, as used in this article, 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 9A.69.100 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. Current AMC Title 9 with strikeouts - 12-09 23 (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(1),(2), 3(d), Bail jumping. (20) RCW 9A.84.030, Disorderly conduct. (21) RCW 9A.84.040, False reporting. (Ord. 1383 §3, 2005: Ord. 1289 §2, 2002). 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 misdemeanor. (Ord. 1289 §2, 2002). 9.36.060 Interference with and abuse of police dogs prohibited. It is a 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). Current AMC Title 9 with strikeouts - 12-09 24 Chapter 9.40 CRIMES RELATING TO CONTROLLED SUBSTANCES, DRUG PARAPHERNALIA, POISONS, AND TOXIC FUMES Sections: 9.40.010 Statutes adopted. 9.40.020 Drug paraphernalia--Possession prohibited. 9.40.030 Definitions. 9.40.040 Minors. 9.40.050 Minors excluded. 9.40.060 Sale and display rooms. 9.40.070 Sale restriction. 9.40.080 Nuisance. 9.40.090 Violation: penalty. 9.40.100 Inhaling toxic fumes. 9.40.110 Poisons. 9.40.010 Statutes adopted. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (a) RCW 69.50.101, Definitions. (b) RCW 69.50.204(d)(1314), Schedule I-Marijuana. (c) RCW 69.50.309, Containers. (d) RCW 69.50.401(e), Prohibited acts: A-Penalties. (e) RCW 69.50.412, Prohibited acts: E-Penalties. (f) RCW 69.50.505, Seizure and forfeiture. (g) RCW 69.50.506, Burden of proof; liabilities. (h) RCW 69.50.509, Search and seizure of controlled substances. (Ord. 1289 §§1, 2, 2002). 9.40.020 Drug paraphernalia-Possession prohibited. No person may possess any drug paraphernalia as defined in 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: Current AMC Title 9 with strikeouts - 12-09 25 (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; Current AMC Title 9 with strikeouts - 12-09 26 (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). Current AMC Title 9 with strikeouts - 12-09 27 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. Current AMC Title 9 with strikeouts - 12-09 28 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 misdemeanor and will be punished by a fine of not more than one thousand dollars or imprisonment for not more than ninety 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: (a) RCW 9.47A.010, Definition. (b) RCW 9.47A.020, Unlawful inhalation-Exception. (c) RCW 9.47A.030, Possession of certain substances prohibited, when. (d) RCW 9.47A.040, Sale of certain substances prohibited, when. (e) RCW 9.47A.050, Penalty. (Ord. 1289 §§1, 2, 2002). 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). Current AMC Title 9 with strikeouts - 12-09 29 Chapter 9.44 CRIMES RELATING TO ALCOHOLIC BEVERAGES Sections: 9.44.010 Adoption of statutes. 9.44.020 Furnishing liquor to persons underage; possession; use. 9.44.030 Opening or consuming liquor or possession open container of liquor in public place. 9.44.010 Adoption of statutes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (a) RCW 66.04.010, Definitions. (b) RCW 66.20.200, Unlawful acts relating to card of identification and certification card. (c) RCW 66.20.210, Licensee's immunity to prosecution or suit-Certification card as evidence of good faith. (d) RCW 66.28.090, Licensed premises or banquet permit premises open to inspection-Failure to allow, violation. (e) RCW 66.44.010, Local officers to enforce law-Authority of board-Liquor enforcement officers. (f) RCW 66.44.040, Sufficiency of description of offenses in complaints, information, process, etc. (g) RCW 66.44.050, Description of offense in words of statutes-Proof required. (h) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent. (i) RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content. (j) RCW 66.44.080, Service of process on corporation. (k) RCW 66.44.090, Acting without license. (l) RCW 66.44.100, Opening or consuming liquor in public-Penalty. (m) RCW 66.44.120, Unlawful use of seal. (n) RCW 66.44.130, Sale of liquor by drink or bottle. (o) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal- Unlawful operation, possession of still or mash. (p) RCW 66.44.150, Buying liquor illegally. (q) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages. (r) RCW 66.44.170, Illegal possession of liquor with intent to sell-Prima facie evidence, what is. (s) RCW 66.44.175, Violations of law. (t) RCW 66.44.180, General penalties-Jurisdiction for violation. (u) RCW 66.44.200, Sales to persons apparently under the influence of liquor. (v) RCW 66.44.210, Obtaining liquor for ineligible person. (w) RCW 66.44.240, Drinking in public conveyance-Penalty against carrier-Exception. (x) RCW 66.44.250, Drinking in public conveyance-Penalty against individual-Restricted application. (y) RCW 66.44.280, Minor applying for permit. (z) RCW 66.44.290, Minor purchasing or attempting to purchase liquor. Current AMC Title 9 with strikeouts - 12-09 30 (aa) RCW 66.44.291, Minor purchasing or attempting to purchase liquor-Penalty against person between ages of eighteen and twenty, inclusive. (bb) RCW 66.44.300, Treating minor, etc, in public place where liquor sold. (cc) RCW 66.44.310, Minor frequenting tavern or cocktail loungeoff limits area - Misrepresentation of age-Penalty-Classification of licenses. (dd) RCW 66.44.325, Unlawful transfer to a minor of an identification of age. (ee) RCW 66.44.328, Preparation or acquisition and supply to persons under age 21-one of facsimile or official identification card-Penalty. (ff) RCW 66.44.340, Employees 18 years and over allowed to sell and handle beer and wine for Class E and/or Class F employers. (gg) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employers. (hh) RCW 66.44.370, Resisting or opposing officers in enforcement of title. (Ord. 1289 §2, 2002). 9.44.020 Furnishing liquor to persons underage; possession; use. (a) It is unlawful for any minor under the age of 21 years to acquire or have possession or consume any liquor. (b) It is unlawful for any person to sell, give or otherwise supply liquor to any minor. It is unlawful for any person to permit any minor to consume liquor on his or her premises. (c) This section will not apply when liquor is given or permitted to be given to a person under the age of 21 years by his or her parent or guardian and consumed in the presence of the parent or guardians. This subsection will not authorize consumption or possession of liquor by a person under the age of 21 years on any premises licensed under RCW Ch. 66.24. (d) This section does not apply to liquor given for medicinal purposes to a person under the age of 21 years by a parent, guardian, physician or dentist. (e) This section does not apply to liquor given to a person under the age of 21 years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service. (f) Violation of this section is a misdemeanor. (Ord. 1289 §2, 2002). Current AMC Title 9 with strikeouts - 12-09 31 Chapter 9.48 CRIMES RELATING TO FIREARMS AND DANGEROUS WEAPONS Sections: 9.48.010 Firearms and dangerous weapons; prohibitions. 9.48.020 Unlawful use of air guns; penalty. 9.48.030 Weapons prohibited on liquor sale premises. 9.48.040 Firearms prohibited in certain places; exceptions; penalty. 9.48.050 Discharge of firearms prohibited. 9.48.010 Firearms and dangerous weapons: prohibitions. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (a) RCW 9.41.010, Terms defined. (b) RCW 9.41.050, Carrying firearms. (c) RCW 9.41.060, Exceptions to restrictions on carrying firearms. (d) RCW 9.41.080, Delivery to ineligible persons. (e) RCW 9.41.098, Forfeiture of firearms-Disposition-Confiscation. (f) RCW 9.41.100, Dealer licensing and registration required. (g) RCW 9.41.140, Alteration of identifying marks-Exceptions. (h) RCW 9.41.150, Exceptions-Antique firearms. (i) RCW 9.41.170, Alien's license to carry firearms-Exception. (j) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons. (k) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one. (l) RCW 9.41.250, Dangerous weapons-Penalty. (m) RCW 9.41.260, Dangerous exhibitions. (n) RCW 9.41.270, Weapons apparently capable of producing bodily harm-Unlawful carrying or handling-Penalty-Exceptions. (o) RCW 9.41.280, Carrying dangerous weapons on school facilities-Penalty-Exceptions. (Ord. 1289 §2, 2002). 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. Current AMC Title 9 with strikeouts - 12-09 32 (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 misdemeanor for anyone, on or in any premises in the city where alcoholic beverages are dispensed by the drinkclassified by the state liquor board as off-limits to persons under twenty- one years of age to: (a) 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 (b) 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 (c) 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 numchuk 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 (a) of this section will not apply to or affect the following: (a) Any lawful act committed by a person while in his or her fixed place of business; or (b) 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 (c) 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). 9.48.040 Firearms prohibited in certain places; exceptions; penalty. (a) It is unlawful for any person to enter the council chambers of the city council when he or she knowingly possesses or knowingly has under his or her control a firearm. (b) The provisions of this section do not apply to: (1) Law enforcement personnel; or (2) Security personnel while engaged in official duties. (c) Any person violating this section is guilty of a misdemeanor. (Ord. 1289 §2, 2002). Current AMC Title 9 with strikeouts - 12-09 33 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). Current AMC Title 9 with strikeouts - 12-09 34 Chapter 9.52 MISCELLANEOUS CRIMES Sections: 9.52.010 Conduct prohibited. 9.52.020 Littering and pollution. 9.52.030 Injury to animals. 9.52.040 Wounding or trapping of animals. 9.52.050 Throwing objects at moving vehicles. 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 16.52.015, Enforcement – Law Enforcement agencies and animal care and control agencies. (Ord. 1383 §4, 2005: Ord. 1289 §2, 2002). Current AMC Title 9 with strikeouts - 12-09 35 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 Injury to animals. Any person who willfully and without authority in law kills, maims or disfigures an animal belonging to another, or exposes any poisons or noxious substance with intent that it should be taken by such animal, is guilty of a misdemeanor. (Ord. 1289 §2, 2002). 9.52.040 Wounding or tapping of animals. Any person who willfully and without authority in law kills, wounds or traps an animal or bird, or removes or destroys the young of any such animal or the egg of any such bird is guilty of a misdemeanor. (Ord. 1289 §2, 2002). 9.52.050 Throwing objects at moving vehicles. Any person who 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 misdemeanor. (Ord. 1289 §2, 2002). City of Arlington Council Agenda Bill AGENDA ITEM: WORKSHOP #7 ATTACHMENT E COUNCIL MEETING DATE: January 11, 2010 SUBJECT: Authority for staff to apply for a Tourism / Economic Development Grant from the City of Arlington to fund a portion for the Visitor Information Center, Legion Park. DEPARTMENT OF ORIGIN: Executive Contact: Paul Ellis ATTACHMENTS: EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: Request authorization to apply for funding from the 2010 Tourism Grant fund. If awarded, the grant would be used as matching funds for other grant opertunities for the construction of the public restrooms/ visitors information center at Legion Park. The building would be modeled after the original train depot located near the current park site. HISTORY: The funding was approved in 2009 but was not used and remains in the fund. The city was unable to secure the additional funding needed for construction. ALTERNATIVES: Deny request. RECOMMENDED MOTION: I move Council authorize City staff to submit an application for the 2010 City of Arlington Tourism / Economic Development grant program for Legion Park restrooms..