HomeMy WebLinkAbout02-01-10 Council Workshop
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (30 minutes) Sewer Rates ATTACHMENT A
2. (5 minutes) CPG Grant 2010-2011 ATTACHMENT B
3. (5 minutes) Blue Marble Environmental Contract Amendment #3 ATTACHMENT C
4. (15 minutes) Draft Shoreline Master Plan Maps ATTACHMENT D
5. (10 minutes) Airport Office Expansion & Remodel Closeout ATTACHMENT E
6. (15 minutes) Reestablishment of Emergency Management ATTACHMENT F
Coordinator position
7. (10 minutes) Revisions to AMC Title 8 ATTACHMENT G
8. (10 minutes) Revisions to AMC Title 9 ATTACHMENT H
EXECUTIVE SESSION
Discussion of pending or potential litigation [RCW 42.30.110(1)(i)]
ADJOURNMENT
To download all attachments click here.
Arlington City Council Workshop
February 8, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #1
ATTACHMENT A
COUNCIL WORKSHOP DATE:
February 8, 2010
SUBJECT:
Sewer Rate Increase
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Rate Memo
• Draft Ordinance 1480
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending review by City Attorney
DESCRIPTION:
This is a proposed ordinance raising the Monthly Sewer Service Charges as shown in the
attached Rate Memo and draft ordinance. A Public Hearing regarding the increase in Monthly
Sewer Service Charges will be held per the below schedule:
- March 1, 2010 Public Hearing
- March 15, 2010 Public Hearing
- March 15, 2010 Council consideration and potential action
- April 15, 2010 Rate increase effective
HISTORY:
The City of Arlington’s Wastewater Treatment Plant (WWTP) reached the 85% inflow capacity
level in 2005 which triggered a state and federal requirement that the plant capacity be
increased. This, coupled with increasingly stringent discharge requirements from a federally
mandated state clean-up plan for the Stillaguamish River, required that the City upgrade the
both the capacity and treatment technology of the WWTP. The City is currently constructing
the necessary expansion and upgrades to the WWTP. Following a funding study, the Sewer
Connection Fee was increased to $8,400.00 per connected ERU in December 2008 to allow new
connections to pay their fair, proportionate share for both the existing sewer system and for the
upgrades and expanded WWTP. It is now time for the existing customers to pay their fair,
proportionate share of the WWTP treatment process upgrade through increased Monthly Sewer
Service Charges.
ALTERNATIVES:
Table for further discussion.
RECOMMENDED ACTION:
No action is requested.
City of Arlington Public Works
Utilities
Memo
To: City Council
From: James Kelly, Public Works Director
Date: February 8, 2010
Re: Summary of Projected Sewer Utility Rate Increase
Since 2005 the City has been actively engaged in planning, designing, permitting, funding and
constructing upgrades and expansion to it Wastewater Treatment Plant (WWTP). We are at the
point in this project where we need adjust sewer rates to pay for the debt the City incurred for this
project. The five sections of this memo, as listed below, provides a summary of the debt
repayment financial analysis and a need for a sewer rate adjustment to repay the debt.
1. Why is the Project Needed
2. What is the Project Cost
3. How is the Project Being Financed
4. How Will the Sewer Utility Repay the Financed Debt
5. Comparison of Rates with Other Cities and Towns
1. Why is the Project Needed? There are three main issues that forced the City to move
forward with the WWTP upgrade and expansion project:
• Plant is at 85% Capacity
•
– The WWTP operates under a NPDES permit which requires
that the plant’s capacity be increased when flow reaches 85% of permitted capacity. The
flow of wastewater being treated by the WWTP has reached the plant’s 85% capacity
level and the City received violations for exceeding discharge levels eight times in 2005.
Stillaguamish River Clean-up Plan (TMDL)
– With the Stillaguamish River having failed to
meet Federal Clean Water standards, the Washington state DOE was required to
implement a clean-up program to bring the river’s water quality into compliance with
federal standards. The state prepared and approved the Stillaguamish River Cleanup Plan
which requires the WWTP to discharge a “cleaner” effluent; this is going to be
accomplished by upgrading the WWTP treatment process. This cleaner effluent quality
has been incorporated into to the plant’s NPDES permit; the requirements of our NPDES
permit cannot be met with the existing plant.
Page 2
• Prepare for Growth
– The state Growth Management Act established 13 goals to
discourage sprawling development and encourage development in urban areas with
adequate public facilities. One of these goals is to provide public services (i.e. sewage
treatment) for growing populations, and to have the services ready for when growth
comes. The plant expansion is required to meet the projected growth planned for in the
City’s Comprehensive Plan. Growth will pay for growth through existing tap-in fees.
2. What is the Project Cost? The project costs were very tightly controlled throughout design
and into construction. During the design, the City contracted with Dick Warren to provide
peer review and Value Engineering. The ultimate treatment plant will have a capacity
capable of producing 4.0 million gallons per day (MGD) of Class A reclaimed water; through
the Value Engineering process it was decided to divide the construction into two phases.
Phase 1 will have 2.7 MGD capacity and Phase 2 with bring it up to 4.0 MGD capacity.
Estimated and actual costs associated with Phase 1 and Phase 2 of the WWTP project are
summarized in the below table:
WWTP Upgrade and Expansion Cost
Phase 1
Pre Design $ 499,193
Design $ 2,137,581
Const Management $ 1,531,000
Construction $ 31,321,226
Total Phase 1 Costs $ 35,489,000
Phase 2
Estimated Cost $ 6,600,000
(needed in 2018)
Phase 2 costs are only for additional membranes and membrane support equipment, all
necessary infrastructure needed for the ultimate build out at 4.0 MGD will be installed as part
of Phase 1 construction.
3. How is the Project Being Financed? The City has consistently sought out the most
advantageous source of funding for this project. The funding program plan was to start first
by seeking out grants, then low interest public infrastructure loans, and finally apply to the
bond market (if needed). Each source of funding has an increasingly higher cost. Because
we were able to secure low interest loans we are able to step up our rate increases through
the year 2012. If we had to go to the bond market, we would have to have had the full rate
increase adopted prior to going to the bond market.
Page 3
The City has been awarded $18 million in three separate loans from the Public Works Trust
Board (PWTB) all at a 0.5% interest rate. The City also has been awarded two loans totaling
$15 million from the Department of Ecology (SRF and ARRA). These funds, coupled with
Sewer Reserves, will fund the WWTP Expansion and Upgrade project through design,
permitting, and construction of Phase 1 (see below table).
City of Arlington WWTP Project Funding – Phase 1
PWTF Loans (0.5%)
Funding Sources
Interest Earned on PWTF $
DOE SRF Traditional Loan (2.9%)
DOE ARRA Loan (2.9%)
Sewer Reserves to Date
Sewer Reserves for Balance
Total Phase 1 Project Cost
$18,000,000
200,000
9,500,000
5,500,000
1,500,000
$35,500,000
800,000
Both the PWTF and SRF loans have a 20 year repayment schedule, but each will have a
different repayment start date. Repayment of the PWTF loan begins 12 months after the first
draw; repayment of the SRF loan begins 12 months after significant completion of the project.
The $33 million debt incurred by this project will increase the Sewer Utility’s annual sewer debt
repayment, as depicted in the below graph:
Page 4
4. How Will the Sewer Utility Repay the Financed Debt? Repayment of the debt will be
divided among new connections and existing users.
- New Connections
-
: The new connections have to pay for both the Expansion and
Upgrade portions of the WWTP project. The Expansion share of debt repayment was
reflected in an increase to the connection fee from $5,690/ERU to $8,400/ERU
(enacted in January 2009). The Upgrade share of the debt will be reflected in the new
user’s monthly utility charge.
Existing Users
The number of new annual connections (ERUs) is the driving factor that will affect the sewer
utility rate increase; and in these economic trying times, the number of new connections has
slowed significantly. The below chart summarizes connection history and two possible future
ERU connection scenarios.
: Existing users have to pay their share of the debt for the Upgrade
portion of this project; the upgrade reflects the needed increase in treatment
technology. This cost will be reflected in higher monthly sewer utility fees.
Two rate scenarios have been prepared, one scenario predicts a probable number of new
connections and the other scenario predicts a conservative number of new connections. Both
are presented in the table below showing the past and projected ERU connections along with
associated monthly rate increase.
Page 5
SCENARIO: CONSERVATIVE ERU'S
Year 2009 2010 2011 2012 2013 2014
Projected Connections 35 0 0 30 50 75
Monthly Rate Increase - $5 $5 $5 $5 -
Monthly Sewer Rate $48.75 $53.75 $58.75 $63.75 $68.75 $68.75
Transfer to CIP Fund
$100,000 $100,000 $100,000 $100,000 $100,000
Increase/(Use) of Reserves
($176,181) $76,626 ($442,493) ($20,541) $79,943
SCENARIO: PROBABLE ERU'S
Year 2009 2010 2011 2012 2013 2014
Projected Connections 35 30 50 75 100 100
Monthly Rate Increase - $5 $5 $5 $5 -
Monthly Sewer Rate $48.75 $53.75 $58.75 $63.75 $68.75 $68.75
Transfer to CIP Fund
$100,000 $100,000 $100,000 $100,000 $100,000
Increase/(Use) of Reserves $86,486 $515,473 ($26,267) $452,999 $355,010
5. Comparison of Rates with Other Cities and Towns – Establishing sewer rates by
comparison of rates – known as benchmarking - to other cities, towns, and utility districts is not
an accepted rate setting method; each utility is unique with its own system and costs.
However, it is often viewed as a fairness test by the general public. The below table lists
monthly sewer rate and sewer connection fees for local cities and municipalities; Arlington’s
proposed rate is average in the comparison.
Jurisdiction
Monthly Sewer
Rate
Sewer
Connection
Snohomish-Cemetery Cr. $125.67 $13,317
Snohomish $83.78 $5,029
Duvall $62.35 $8,952
Lake Stevens $60.00 $6,850
Sultan $56.00 $9,106
Arlington (proposed) $53.75 $8,400
Sedro-Woolley $51.25 $8,926
Monroe $50.74 $5,915
Arlington (current) $48.75 $8,400
Stanwood $47.43 $4,040
Everett $42.40 $1,111
Mt. Vernon $41.60 $5,360
Marysville $33.20 $4,490
Above information is based on rates in effect in November 2009
Ordinance 1480 Page 1
ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
REGARDING MONTHLY SEWER CHARGES
WHEREAS, the City of Arlington, Washington has the authority to enact laws to
promote the health, safety and welfare of its citizens; and
WHEREAS, the City of Arlington is in the process of upgrading the treatment processes
of the existing wastewater treatment plant in order to meet new Department of Ecology discharge
standards designed to increase water quality in the Stillaguamish River and the Puget Sound; and
WHEREAS, the City of Arlington is in the process of upgrading the treatment processes
of the existing wastewater treatment plant in order to meet the new discharge limitations
contained in the reissued NPDES permit; and
WHEREAS, the City of Arlington has incurred debt for the wastewater treatment plant
upgrade project; and
WHEREAS, the City of Arlington continues to examine equitable monthly sewer charges
for sewer service, and believes that amending the current monthly sewer charges is necessary
and fair to equitably allocate debt repayment costs ;
NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as
follows:
Section 1. Arlington Municipal Code section 13.12.115 shall be and hereby is modified
to read as follows:
13.12.115 Residential and other sewer rates and charges. State and city utility taxes shall be
added to the following rates and charges for sewer service. The effective dates for the following
four-year plan will be based on the city's billing cycle for use beginning on January 15, 2010,
and January 15th of each year thereafter:
Sewer Charges (Monthly) 2010 2011 2012 2013
Base rate per residential unit $553.75 $6058.75 $6563.75 $7068.75
Beginning on January 15, 2014, the rates set forth for the year 2013 shall be increased annually
by the percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton
area for All Urban Consumers, or other measure commonly used by the city should it change
provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease.
Ordinance 1480 Page 2
Section 2. Arlington Municipal Code section 13.12.120 shall be and hereby is modified
to read as follows:
13.12.120 Commercial classification and sewer rates and charges.
(1) All sanitary sewerage users consisting of any public or private premises not classified
under Section 13.12.110 or classified as an industrial user under Section 13.12.121, shall
be classified as commercial and charged upon the basis of water consumption. State and
city utility taxes shall be added to the following rates and charges for sewer service. The
effective dates for the following four-year plan will be based on the city's billing cycle for
use beginning on January 15, 2010 and January 15th of each year thereafter. Each user
shall pay a minimum monthly charge of one base rate plus a volume rate for all
consumption over three hundred cubic feet per month.
Sewer Charges (Monthly) 2010 2011 2012 2013
Base rate (includes 300 cubic
feet per month) $5553.75 $6058.75 $6563.75 $7068.75
Volume rate (per 100 cubic
feet per month) $5.7655 $6.2810 $6.860 $7.3101
Beginning on January 15, 2014, the rates set forth for the year 2013 shall be increased
annually by the percentage increase of the Consumer Price Index (CPI) for the Seattle-
Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by
the city should it change, provided, however, that notwithstanding any reduction in the
CPI, rates shall not decrease.
(2) The city clerkFinance Director may elect to bill the user for his the user’s sanitary
sewerage charges during each calendar year upon a fixed monthly basis determined on or
about April 1st each year by computing the average monthly water consumption for the
period from November 15th of the preceding year to March 15th of the following year
and charging rates based upon such average monthly water consumption. Where there is
no history of the November 15th to March 15th period, the charges shall be based upon
actual consumption until such a history exists.
(3) Where the use of water is such that a portion of all water used is lost by evaporation,
irrigation, sprinkling or other causes, upon proof to the city council water and sewer
committee of such fact and of the amount of water so lost, any such user may have his
charges changed to reflect such water loss.
(4) If more than one such user is located in any one building or upon any one lot, each month
each such user shall separately pay his the proper rate for sewage disposal service.
Ordinance 1480 Page 3
(5) The above rates are established for general sewer service conditions. Where special
conditions affect the sewage load or where a service from a single building or lot
discharges the combined waste from two or more businesses or users on a single water
meter, the proration of the rate shall be set by the city council water and sewer
committee, taking into account the sewage services provided or to be provided, but in no
event shall the charge for each such user be less than the minimum charges set forth in
Sections 13.12.100 through 13.12.140 of this chapter.
Section 3. Arlington Municipal Code section 13.12.121 shall be and hereby is modified
to read as follows:
13.12.121 Industrial user classification and charges. The rates and charges for industrial users, as
defined in Section 13.08.590 of this code, shall be established as follows:
(1) All user charges shall be based upon equitable unit charges established for Flow, BOD
(biochemical oxygen demand) loading and TSS (total suspended solids) loading, based
upon the average BOD, TSS and other parameter(s) concentrations (as established by the
utilities managerPublic Works Director) monitored for the industrial user and the flow
recorded in the monitoring manhole or water use.
(2) A minimum monthly charge will be established by the city to cover the basic sewer costs
and monitoring of the industrial user's wastewater discharge, and in the event the
monthly sewer bill does not exceed this amount the industrial user shall agree to pay the
estimated minimum monthly charge. This charge shall be reviewed from time to time and
adjusted to ensure the charge is covering the monitoring services and sewer costs
provided and must be reviewed every two years. Initially, the monthly charges shall be
based on the following, unless otherwise established in the negotiated discharge permit:
(A) For an industrial user with waste strength less than two hundred fifty mg/l,
measured as five-day BOD and TSS, and other parameters within limits established
in Section 13.08.570 of this title, and whose discharge does not require regular
monitoring other than flow, the minimum monthly charge is as set forth below:
Sewer Charges Monthly) 2010 2011 2012 2013
waste strength <250 mg/l $34130.00 $37160.00 $402390.00 $43220.00
(B) For an industrial user with waste strength in excess of two hundred fifty mg/l for
two months or more per year, the minimum monthly charge is as set forth below:
Sewer Charges (Monthly) 2010 2011 2012 2013
waste strength >250 mg/l $1,36420.00 $1,48740.00 $1,609570.00 $1,731690.00
Ordinance 1480 Page 4
(C) Beginning January 15, 2014, the charges set forth in subsections (2) (A) and (2) (B)
of this section, shall be increased annually, by the percentage increase of the
Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban
Consumers, or other measure commonly used by the city should it change,
provided, however, that notwithstanding any reduction in the CPI, rates shall not
decrease.
(3) Until such time as a sewer user charge analysis can be conducted to establish equitable
charges under a negotiated discharge permit between the city and the industrial user, the
following shall be used as the basis for industrial user charges:
(A) Flow based charge per cubic foot of wastewater discharged;
(B) BOD charge per pound of BOD discharged;
(C) TSS charge per pound of TSS discharged;
Sewer Charges (Monthly) 2010 2011 2012 2013
Flow-based charge (per cubic foot) $0.01632580 $0.0177830 $0.01925880 $0.02071030
BOD charge (per pound BOD) $0.513495 $0.560540 $0.606590 $0.65235
TSS charge (per pound TSS) $0.34330 $0.37460 $0.405390 $0.43520
(4) Flow shall be based upon one hundred percent of the water consumption or rate of flow
of wastewater discharge into the sewer (measured in an industrial user installed flow
measurement and recording equipment installed in control manhole, pursuant to Section
13.08.600 of this title). Strength of wastewater discharged shall be established based
upon twenty-four-hour composite samples made by the city at the control manhole and
tested by the city's wastewater treatment plant laboratory or state certified testing
laboratory. All testing shall be in accordance with the latest edition of "Standard Methods
for Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD and TSS,
pounds per day, shall be calculated based upon concentration of composite samples and
established flow rates.
(5) Appeal.
(A) If any user believes that a portion of his the user’s metered flow, larger than ten
percent, is not discharged into the sewer system (when flow measurement is not
provided in the control manhole), hethe user should make written application to the
utilities managerPublic Works Director for review of the user's flow of wastewater.
If the utilities managerPublic Works Director agrees that charges for the user should
be adjusted, he or she shall so notify the city council, which may approve such
change, or direct a recomputation of the user's sewer rates.
(B) If the utilities managerPublic Works Director does not agree to the adjustment of
user charges, the user may further appeal to the city council, which may take such
other action as it deems appropriate or direct further study.
Ordinance 1480 Page 5
Section 4. Arlington Municipal Code section 13.12.125 shall be and hereby is deleted in
its entirety.
13.12.125 New customer capital surcharge. In addition to the sewer connection charges
authorized in Section 13.12.230, new connections to the sanitary sewer system will pay a
monthly rate surcharge for the period of ten years after connection and first billing. This
surcharge represents the additional amount of a fair share of the costs of sewer facilities not
collected in the connection charges. All new customers taking occupancy with new connections
after June 15, 1995, and before February 15, 1999, will be charged two dollars and sixty-eight
cents per equivalent residential unit (ERU) per month for the tenyear period. (Ord. 1183 §5,
1999: Ord. 1092 §11, 1995)
Section 5. Severability.
Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 6. Effective Date.
The title of this ordinance, which summarizes the contents of
this ordinance, shall be published in the official newspaper of the City. The ordinance shall take
effect and be in full force five (5) days after the date of publication; provided, however, that the
rates and charges set forth herein shall not be effective prior to January 15, 2010.
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____
DAY OF _____________, 20092010.
CITY OF ARLINGTON
By___________________________________
Margaret Larson, Mayor
Attest:
________________________________
Kathy PetersonKristin Banfield, City Clerk
Approved as to form:
__________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Public Works Administration
Notice of Public Hearing
Proposed Sewer Rate Increase
A public hearing will be held before the Arlington City Council on the below listed date. The
purpose of the hearing will be to hear public testimony regarding the adoption of the amended
sewer rate ordinance of the City of Arlington.
HEARING DATES: March 1, 2010
March 15, 2010
HEARING LOCATION: City Council Chambers, 110 E. Third, Arlington, WA 98223
APPROVAL PROCESS: Public Hearing, review and adoption of ordinance by the City Council.
STAFF CONTACT: Linda Taylor
Public Works Administrative Assistant
360-403-3526
The City invites any interested persons to either testify orally at the hearing or provide written
testimony at or prior to the hearing. Anyone wishing to request a copy of this notice or review
the draft sewer rate ordinance may do so during normal business hours at Arlington City Hall –
Permit Center (9 a.m.-5 p.m.) Monday-Friday, First Floor, Arlington City Hall, 238 North
Olympic, Arlington, WA. You may request a copy of the draft Sewer Rate Ordinance by calling
Linda Taylor at 360-403-3526.
The City invites any interested persons to either testify orally at the hearing or provide written
testimony at or prior to the hearing.
Published:
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 needed.
For information about the Arlington City Council Agenda contact the City of Arlington - Executive Dept. at
360. 403.3441 or by visiting the City of Arlington website at www.arlingtonwa.gov
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #2
ATTACHMENT B
COUNCIL WORKSHOP DATE:
February 8 , 2010
SUBJECT:
DOE Coordinated Prevention Grant for Waste
Reduction and Recycling FY 2010
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Grant Agreement for Grant Offer No. G1000439
EXPENDITURES REQUESTED: $2,800.00
BUDGET CATEGORY: Recycling Budget
LEGAL REVIEW: Reviewed by City Attorney
DESCRIPTION:
Council is being requested to approve acceptance of the above noted grant from the Department
of Ecology in the amount of $11,200 ($8,400 DOE Share and $2,800 City Share) to continue to
fund the City’s recycling program for fiscal year 2010.
HISTORY:
The City has been a recipient of the CPG Grant for several years. This funding cycle is normally
a two year grant. However, this cycle the Department of Ecology is splitting the grant into two
separate agreements. The second year funding will be finalized with another contract
agreement in March 2011 and be retroactive to January 1, 2010. The total amount of possible and
anticipated funds for Arlington over the two year period is $23,600. This new funding method
reflects the State’s use of different fund accounts to fund this program.
ALTERNATIVES:
No action is being requested at this time.
RECOMMENDED ACTION:
No action.
Grant No. G1000439
City of Arlington
1
COORDINATED PREVENTION GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF ARLINGTON
Coordinated Prevention Grant Agreement – Grant No.: G1000439.
This is a binding agreement entered into by and between the state of Washington Department of
Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT, and the City of Arlington,
hereinafter referred to as the RECIPIENT, to carry out the activities described herein.
JURISDICTION:
MAILING ADDRESS:
CITY, STATE, ZIP:
City of Arlington (Utilities Division)
154 W. Cox Avenue
Arlington, WA 98223
RECIPIENT GRANT COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
Kris Wallace
360-403-3538
360-435-7944
kwallace@arlingtonwa.gov
RECIPIENT BILLING/INVOICE COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
Kris Wallace
360-403-3538
360-435-7944
kwallace@arlingtonwa.gov
ECOLOGY GRANT OFFICER:
TELEPHONE:
FAX:
E-MAIL:
Taisa Welhasch
425-649-7266
425-649-7259
taisa.welhasch@ecy.wa.gov
FUNDING SOURCE
MAXIMUM ELIGIBLE COST
STATE GRANT SHARE
LOCAL SHARE
STATE MAXIMUM GRANT PERCENT
FEDERAL TAX IDENTIFICATION NO.
State Building Construction Account
$11,200
$8,400
$2,800
75 %
91-6001401
EFFECTIVE DATE OF THE AGREEMENT January 1, 2010
EXPIRATION DATE OF THE AGREEMENT December 31, 2011
Grant No. G1000439
City of Arlington
2
PART 1: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT’S activities to be performed under this
agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of
work and budget. Deliverables must be completed by the expiration date of this agreement, including
delivery of purchases, unless otherwise stated in this agreement or approved by ECOLOGY in
writing.
Note: The term “task” as used in this agreement is interchangeable with the term “project” as used
on the online Solid Waste Information Clearinghouse.
This agreement is a “Multi-Phased” agreement. Multi-phased means it will be written with a task’s
full scope of work and a partial budget. Phase One of this agreement includes work performed with
the budget as outlined in Phase One of section Part 2: Fund Source and Budget. Phase Two includes
the remainder of work to be performed and funds are contingent upon the budget appropriation by
the State Legislature for the 2011-2013 biennium.
After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment to
increase funding to support Phase Two. Phase Two work is not authorized for reimbursement until a
formal amendment to increase the budget is executed. RECIPIENTS are not obligated to complete
Phase Two work until a formal amendment to increase the budget is approved.
Any work performed or costs incurred prior to the effective date of this agreement will be at
the sole expense of the RECIPIENT.
The “Maximum Eligible Cost” is the maximum amount of eligible costs incurred by a RECIPIENT
that can be reimbursed at a rate of 75% under this grant. *The “Estimated (total) Task Cost” is for
Ecology information only. It reflects the true cost of completing the full task, including expenses
beyond the Maximum Eligible Cost.
CATEGORY: Waste Reduction and Recycling
MAXIMUM ELIGIBLE CATEGORY COST: $ 11,200
1. TASK TITLE: Commercial Waste Reduction and Recycling
Maximum Eligible Task Cost: $ 4,600
Summary Description: The RECIPIENT, in conjunction with a consultant, will provide recycling
outreach and technical assistance to city businesses and schools. The RECIPIENT will target
businesses and schools that are not recycling and provide them waste reduction and recycling
information, site and follow-up visits, including waste audits. A limited supply of recycling
containers may be purchased and provided to encourage the start up of a recycling program at
businesses and schools.
Grant No. G1000439
City of Arlington
3
Goal Statement: The goal of this task is to increase waste reduction and recycling
participation and diversion at city businesses and schools.
Outcome Statement: Over the two-year grant period, the RECIPIENT expects 10 new
businesses and 3 new schools will participate in waste reduction and recycling programs, diverting
approximately 100 tons of recyclable material from the waste stream.
Work Plan and Activities Timeline: A quarter is defined by calendar year and begins with the
first three months of the grant period.
Quarter Activity
Phase One
Q1 Identify 8 target schools and 40 of the largest waste generating
businesses that are not recycling. Conduct outreach to schools.
Develop and distribute WR&R information materials.
Q2 Develop and distribute WR&R information materials. Conduct
outreach to schools. Purchase bins and related supplies if needed.
Q3 Conduct outreach to businesses. Purchase bins and related supplies
as needed.
Q4 Conduct outreach to businesses and schools. Purchase bins and
related supplies as needed. Provide follow up support to new
participants.
Phase Two
Q5 Continue outreach to businesses and schools. Provide follow-up
support to new WR&R programs.
Q6 Ongoing
Q7 Ongoing
Q8 Ongoing. Evaluate and write final report.
Method of Evaluation: The RECIPIENT will track and report quarterly the number of site visits,
waste audits, number of bins purchased, number of new programs, as well as the tonnage of
recyclables collected.
* Estimated (total) Task Cost: $ 9,800
2. TASK TITLE: Multi-family Property Waste Reduction and Recycling
Maximum Eligible Task Cost: $ 4,600
Grant No. G1000439
City of Arlington
4
Summary Description: The RECIPIENT, in conjunction with a consultant, will provide recycling
outreach and technical assistance to multi-family properties within the city. The RECIPIENT will
target multi-family properties that are not recycling and provide them with recycling information
and assistance starting new recycling programs. Follow-up assistance to multi-family properties
will be provided to support recycling efforts and maintain recycling participation. A limited supply
of recycling containers may be purchased and provided to encourage the start up of a recycling
program at multi-family properties.
Goal Statement: The goal of this task is to increase waste reduction and recycling
participation and diversion at multifamily properties within the city.
Outcome Statement: Over the two-year grant period, the RECIPIENT expects 10 new multi-
family properties will participate, diverting approximately 10 tons of recyclable material from the
waste stream and increase city multi-family recycling participation rate from 80% to 93%.
Work Plan and Activities Timeline: A quarter is defined by calendar year and begins with the
first three months of the grant period.
Quarter Activity
Phase One
Q1 Identify 15 target multi-family properties. Develop and distribute
WR&R information materials.
Q2 Conduct outreach to multi-family properties. Purchase bins and
related supplies, as needed.
Q3 Ongoing
Q4 Ongoing
Phase Two
Q5 Continue outreach to multi-family properties. Provide follow-up
support to new participants.
Q6 Ongoing
Q7 Ongoing
Q8 Ongoing. Evaluate and write final report.
Method of Evaluation: The RECIPIENT will track and report quarterly the number of site visits,
waste audits, number of bins purchased, number of new programs, as well as the tonnage of
recyclables collected.
* Estimated (total) Task Cost: $ 9,800
Grant No. G1000439
City of Arlington
5
3. TASK TITLE: Public Area and Events Recycling
Maximum Eligible Task Cost: $ 2,000
Summary Description: The RECIPIENT will provide portable recycling stations and education at
public events and parks, and place permanent recycling containers in the downtown section of the
city. This task will focus on increasing the use of recycling containers, purchasing bags and
supplies as needed for the program, adding proper recycling labels on containers, and increasing
awareness of the Washington State Event Recycling Law.
Waste reduction and recycling (WR &R) education and outreach will be offered through multiple
methods which may include, but are not limited to: informational hand-outs, newspaper ads,
website announcements and newsletter articles.
Goal Statement: The goal of this task is to increase recycling at public events and in public areas.
Outcome Statement: Over the two-year grant period, the RECIPIENT expects to divert
approximately 6.25 tons of bottles, cans and mixed paper and 1.75 tons of organic food waste,
serving approximately 40,000 residents.
Work Plan and Activities Timeline:
Phase One
Q1 Provide WR&R information to city residents. Purchase bins and
related supplies.
Q2 Provide WR&R information to city residents. Coordinate WR&R
activities and set up at fairs, festivals and public venues.
Q3 Provide WR&R information to city residents. Coordinate WR&R
activities and set up at fairs, festivals and public venues.
Q4 Provide WR&R information to city residents. Purchase bins and
related supplies
Phase Two
Q5 Provide WR&R information to city residents. Purchase bins and
related supplies. .
Q6 Provide WR&R information to city residents. Coordinate WR&R
activities and set up at fairs, festivals and public venues.
Q7 Provide WR&R information to city residents. Coordinate WR&R
activities and set up at fairs, festivals and public venues.
Q8 Provide WR&R information to city residents. Evaluate and write
final report.
Grant No. G1000439
City of Arlington
6
Method of Evaluation: The RECIPIENT will use a database to track the number of bins
purchased/used, calls from interested parties, and media distributed, as well as the tonnage of
recyclables diverted.
* Estimated (total) Task Cost: $ 4,000
PART 2: FUND SOURCE AND BUDGET
Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot
exceed the agreement Budget (Part 2: Section B) without a formal amendment. To change how
funds are allocated between the grant tasks, the RECIPIENT must submit a written request to
ECOLOGY for a Letter Amendment. To change a scope of work or to increase/decrease a grant
amount, the RECIPIENT must complete and submit a Formal Amendment Request form (ECY 070-
113).
A. FUND SOURCE
PHASE ONE (057/J07 9N10C)
$11,200
State Building Construction
Account (SBCA)
75%
$8,400
Cash Match 25% $2,800
Interlocal Costs 0% $0
PHASE TWO
$12,400
State Building Construction
Account (SBCA)
75%
$9,300
Cash Match 25% $3,100
Interlocal Costs 0% $0
Grant No. G1000439
City of Arlington
7
B. BUDGET
Waste Reduction and
Recycling
Commercial Waste
Reduction and Recycling
Multi-family Property
Waste Reduction and Recycling
Public Area and Events
Recycling
PART 3: BUDGET CONDITIONS
A. The RECIPIENT is required to provide a match of 25% of the maximum eligible cost with cash
or interlocal costs. Interlocal costs are the only type of in-kind contributions that may be used as
match.
B. Any work performed or costs incurred prior to the effective date or after the expiration
date of this agreement will be at the sole expense of the RECIPIENT.
C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent
on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are
eligible (excluding time spent to write a grant application).
D. To increase or decrease the budget as outlined in this grant agreement, or change the scope of
work for any project outlined in this grant agreement, ECOLOGY requires a formal amendment.
The RECIPIENT must complete and submit a formal amendment using the Formal Amendment
Request form (ECY 070-113).
E. Payments to the RECIPIENT from ECOLOGY shall be made payable to:
Attn: Kris Wallace
Grant No. G1000439
City of Arlington
8
City of Arlington Utilities Division
154 W. Cox Avenue
Arlington, WA 98223
F. If parties other than the RECIPIENT are contributing to the local share of task costs, memoranda
of understanding or other written agreements confirming the contribution shall be negotiated.
These agreements shall specify the exact work to be accomplished and be signed by all parties
contributing to the local match of this task. Copies of these agreements shall be made part of the
RECIPIENT’S grant file and submitted to ECOLOGY.
G. Spending Plans: Approved costs must be consistent with the most recently approved Spending
Plan. The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change
the amount of funds spent by quarter. ECOLOGY’S grant officer will approve, by date stamp
and signature, the revised Spending Plan. If quarterly spending exceeds the amount outlined on
the approved spending plan, ECOLOGY reserves the right to hold payment of the overage
depending on the availability of funds. Revised and approved Spending Plans are incorporated
into this agreement by reference.
PART 4: SPECIAL TERMS AND CONDITIONS
A. BILLING AND REPORTING
1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a
payment request to ECOLOGY at least quarterly (by calendar year), but no more often than
once per month.
2. The RECIPIENT shall submit a progress report with each payment request but no less often
than quarterly. These reports shall include activities that support incurred costs shown on the
C1 or C2 of the payment request, and must be submitted on-line through the Solid Waste
Information Clearinghouse.
3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the
grant period. An updated Spending Plan must be submitted when changes occur that impact
quarterly spending and / or quarterly reimbursement amounts.
4. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms:
A19-1A (ECY 060-02), Form B1 (ECY 060-3) or Form B2 (ECY 060-7), Form C1 (ECY
060-8) or Form C2 (ECY 060-9). These forms are acceptable in electronic format. The
RECIPIENT must also include all backup documentation to support items listed on Form
C1/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by
task on Form C1/C2 and summarize costs by task on Form B1/B2. Forms B1 and C1 are
used only when interlocal costs are used towards the 25% match.
5. For all Planning and Implementation tasks and special tasks in a solid waste enforcement
grant (special tasks do not include regular solid waste enforcement work such as enforcing
solid waste codes) the RECIPIENT must submit a Final Performance Analysis (FPA) report
on-line through the Solid Waste Information Clearinghouse. The final report must be
submitted before ECOLOGY can process a final payment request. The final payment request
Grant No. G1000439
City of Arlington
9
and the FPA are due no later than February 14, 2012 for this grant or 45 days after the grant
budget is spent, whichever comes first.
6. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste
enforcement progress report on-line through the Solid Waste Information Clearinghouse no
later than February 14, 2012. Ecology will generate a summary Final Solid Waste
Enforcement report from all the quarterly reports that will serve as the final report needed to
close out the agreement.
7. Progress Report (for both planning and implementation and solid waste enforcement tasks)
and Final Performance Analysis (FPA) can be found on the Grant Details page of the Solid
Waste Information Clearinghouse once the RECIPIENT has logged on as a Registered User.
For instructions on how to become a Registered User, please visit the Coordinated Prevention
Grant website at http://www.ecy.wa.gov/programs/swfa/grants/cpg.html.
B. DOCUMENTATION
1. The RECIPIENT shall submit supporting documents for all costs incurred. Documentation
shall be provided in the order in which it is itemized on Form C1/C2. Supporting
documentation is any document deemed relevant by ECOLOGY to establish the
appropriateness of an expense listed on Form C1/C2. Please see Chapter 6 of the Program
Guidelines for Coordinated Prevention Grants 2010-2011 Grant Cycle, and the
Administrative Requirements for Recipients of Ecology Grants and Loans – Yellow Book,
Ecology Publication #91-18 (Revised September 2005) for guidance.
2. The RECIPIENT shall maintain grant related material and supporting documents in a
common file. This includes cancelled checks, invoices, purchase receipts, payroll records,
time and attendance records, contract award documents, and invoice vouchers sent to
ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at
least three years after agreement expiration.
3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time
accounting document approved by ECOLOGY, to record staff hours being charged to the
grant.
4. ECOLOGY may request additional documentation if needed to determine if a cost will be
allowed.
5. Supporting documents shall be clear and legible, and organized by task in the order it was
itemized on Form C1/C2 by the RECIPIENT.
C. OTHER SPECIAL TERMS
1. SOLID AND HAZARDOUS WASTE MANAGEMENT PLANS
Tasks must support implementation of the RECIPIENT’s local solid and hazardous waste
management plans.
Grant No. G1000439
City of Arlington
10
For tasks related to updating a local solid and hazardous waste management plan, the
RECIPIENT agrees to incorporate the intent of the Washington State Hazardous Waste
Management Plan and Solid Waste Management Plan (Beyond Waste Plan) into the local
preliminary draft plan prior to submittal to Ecology for review. The Beyond Waste plan is a 30-
year plan with a clear vision to eliminate wastes and toxics whenever we can and use the
remaining wastes as resources. The recipient agrees to include in their plan update,
recommendations that address at least one of the following elements from the Beyond Waste
Plan: moderate risk waste, organics management or green building.
2. ON-LINE CONTRACTS AND GRANTS MANAGEMENT
Washington State’s Office of Financial Management is developing an on-line contracts and
grants management system. When the system becomes available, all new or active contracts and
grant agreements must be managed in this system. The RECIPIENT agrees to register in the
state vendor registration program and to use the on-line system.
3. TRAINING
The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to
managing agreements and preparing, processing, and receiving payments.
4. MINORITY AND WOMEN’S BUSINESS PARTICIPATION
The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-
owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after
the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated after the effective date of this agreement:
a) Include qualified minority and women's businesses on solicitation lists.
b) Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e) Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the
time of submitting each invoice. Please include the following information on ECOLOGY
provided form (Form D).
Grant No. G1000439
City of Arlington
11
g) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub-and/or sub-subcontractors.
h) The total dollar amount paid to qualified firms under this invoice.
5. PROCUREMENT AND CONTRACTS
a) The RECIPIENT shall provide written certification that it will follow its standard
procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS
with no formal procurement procedures must certify that they have complied with the
"Standards for Competitive Solicitation," found in Part V of the Administrative
Requirements for Recipients of Ecology Grants and Loans – Yellow Book, Ecology
Publication #91-18 (Revised September 2005).
b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications
(RFQs), requests for proposals (RFPs), and bid documents relating to this grant
agreement to ECOLOGY’S grant officer.
c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy
of the draft proposed contract to the ECOLOGY’S grant officer for review and approval.
Following the contract execution, the RECIPIENT shall submit a copy of the final
contract to your ECOLOGY assigned grant officer.
d) Unless a specific purchase of equipment or real property is already written into the grant
agreement, the RECIPIENT must submit a written request to the DEPARTMENT to
purchase any equipment or real property (Property) with a single unit purchase price of
$5,000 or more. The request shall include the justification for the purchase of the
property, the total cost, the intended use, and the anticipated useful life of the property.
The request must be approved in writing by the DEPARTMENT prior to the purchase.
6. USE OF EXISTING CONTRACTS
The RECIPIENT may use existing contracts that conform to adopted procurement
procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used
contracts entered into prior to the execution of the grant agreement for performance of grant-
funded activities. The RECIPIENT shall submit a copy of the contract to its assigned
ECOLOGY grant officer. The grant eligibility of products or services secured by the
RECIPIENT under existing contracts used to perform the scope of work in this agreement
must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement.
7. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION
The RECIPIENT must develop an inventory control system, including physical inventory to
document the ongoing use, a serial or vehicle identification number (VIN) and location of the
equipment. The inventory shall be submitted to the DEPARTMENT annually while the
equipment is in use. The RECIPIENT shall investigate, document, and report to the
ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT
will follow manufacturer recommended maintenance procedures to keep the property in good
operating condition.
Grant No. G1000439
City of Arlington
12
The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change
the use of the equipment as outlined in this grant agreement, including uses past the
expiration date of this agreement. Disposition of the equipment shall be determined by the
ECOLOGY and documented in writing. A copy of the determination will be provided to the
RECIPIENT upon expiration of the grant agreement.
The ECOLOGY may authorize the RECIPIENT to:
o If the equipment is necessary for the continued operation of the project or
other projects administered through ECOLOGY, the grant officer may instruct
the recipient to retain the equipment with no further compensation to Ecology.
o If the project has no further significant use for the equipment, the grant officer
may instruct the recipient to retain or sell the equipment and pay Ecology an
amount equal to ECOLOGY’s share of the current fair market value, sale
proceeds or other price agreed upon by the grant officer.
o The grant officer may instruct the recipient to transfer title to Ecology or to a
third party named by Ecology who is eligible under existing statutes.
8. TASK INCOME
Any income directly generated as a result of the activities funded by this grant shall be
reported as a credit against the expenses of that activity, as required by ECOLOGY’S
Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005).
9. ALL WRITINGS CONTAINED HEREIN
This agreement, including the “General Terms and Conditions,” the latest approved Spending
Plan, Program Guidelines – Coordinated Prevention Grants 2010-2011, and ECOLOGY’S
Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005), contain the entire understanding between the parties, and there
are no other understandings or representations except as those set forth or incorporated by
reference herein. No subsequent modification(s) or amendment(s) of this grant agreement
shall be of any force or effect unless in writing, signed by authorized representatives of the
RECIPIENT and ECOLOGY and made part of this agreement.
10. ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects
to the archeological or cultural resources. RECIPIENT shall immediately cease work and
notify ECOLOGY if any archeological or cultural resources are found while conducting
work under this agreement. In the event that historical or cultural artifacts are discovered at
the project site, the RECIPIENT shall also notify the state historic preservation officer at the
Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the
National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit
pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to
impact historic properties (such as invasive sampling, dredging, or cleanup actions).
11. PRECEDENCE
Grant No. G1000439
City of Arlington
13
In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations;
(b) Scope of Work and most current approved Spending Plan; (c) Special Terms and
Conditions; (d) Coordinated Prevention Grant Program Guidelines (e) any terms incorporated
herein by reference including the Administrative Requirements for Ecology Grants and
Loans, Ecology Publication #91-18 (Revised September 2005); and (f) the General Terms
and Conditions (SS-010 Rev. 04/04).
Part 5: GENERAL TERMS AND CONDITIONS:
Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant
assistance if that has been included in the agreement’s final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of
such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by
the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies
available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT
Grant No. G1000439
City of Arlington
14
shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority
owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and
job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable
state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided
in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he/she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and
task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or
by any duly authorized audit representative of the State of Washington for a period of at least three
years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such
audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification
and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this agreement and for at least three years following
grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States,
Local Governments & Non Profit Organizations), including the compliance Supplement to OMB
Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT’S response and the final
corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
Grant No. G1000439
City of Arlington
15
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are
not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June
30, July 1 through September 30, and October 1 through December 31. Reports shall be due within
thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the
RECIPIENT and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs
by major elements as described in the Scope of Work. Instructions for submitting the payment
requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV,
published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT.
When payment requests are approved by the DEPARTMENT, payments will be made to the
mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the
RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to
the expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within
fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's
sole discretion, such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
K. TERMINATION
Grant No. G1000439
City of Arlington
16
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department
property and the RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT
is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate
or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1
above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid
to the RECIPIENT in accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this agreement, or by any
date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials
or invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,
recover or otherwise use the material(s) or property and to authorize others to use the same for
federal, state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200-212.
Grant No. G1000439
City of Arlington
17
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real
and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in
the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it shall
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property
is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be
reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by
this agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the
RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's
opinions establishing that the land is free from any impediment, lien, or claim which would impair
the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be conditioned
upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other
conversion or encumbrance which monies granted pursuant to this agreement bear to the total
acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper).
For more information, see www.ecy.wa.gov/sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion of
the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's
sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform.
Grant No. G1000439
City of Arlington
18
Interest shall accrue at the rate of twelve percent (12%) per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S liability to repay monie s shall be reduced by an
amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be responsible.
In the event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Officer or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided
for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of
dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement
and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate
in any decision which affects his/her personal interest or the interest of any corporation, partnership
or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal
or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or that party's
agents or employees arising out of this agreement.
Grant No. G1000439
City of Arlington
19
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement
which can be given effect without the invalid provision, and to this end the provisions of this
agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal
and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any
terms incorporated herein by reference including the "Administrative Requirements for Ecology
Grants and Loans"; and (e) the General Terms and Conditions.
IN WITNESS WHEREOF, the parties sign this Agreement:
STATE OF WASHINGTON CITY OF ARLINGTON
DEPARTMENT OF ECOLOGY
__________________________________ _____________________________
Laurie G. Davies Date Margaret Larson Date
Program Manager Mayor
Waste 2 Resources
Approved as to form only Assistant Attorney General
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #3
ATTACHMENT C
COUNCIL WORKSHOP DATE:
February 8, 2010
SUBJECT:
Amendment to existing contract with Blue
Marble Environmental for continuing support
of the City refuse and recycling program
through 2010-2011.
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Contract Amendment #3 to Professional Services Agreement
EXPENDITURES REQUESTED: $5,900.00 (over 2 year period)
BUDGET CATEGORY: Recycling Fund 2010-2011
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION:
Staff is requesting Council approve an amendment to the existing Blue Marble Environmental
contract to provide refuse and recycling services through 2010-2011 in accordance with the
program details contained in the current CPG grant.
HISTORY:
The City has applied for and received a Department of Ecology CPG grant for several years for
coordinated refuse and recycling outreach and education efforts. The City has a contract with
Blue Marble Environmental to provide technical assistance with completing the CPG grant
funded recycling program, this assistance includes education and outreach efforts for
commercial recycling, multi-family recycling, and working with the school district. This
amendment to the existing contract will authorize those services for the 2010-2011 CPG grant
term.
ALTERNATIVES:
1. Do not renew contract with Blue Marble and forfeit Grant funds.
2. Table for further discussion.
RECOMMENDED ACTION:
No action. Council will be requested to authorize the Mayor to sign Amendment #3 at the
February 16, 2010 meeting.
02/04/10 12:09 PM C:\Documents and Settings\kwallace\Local Settings\Temporary Internet Files\Content.Outlook\ZGA8WF7N\Blue Marble Contract Amend 3 (1-22-10).doc
Contract Amendment No. 3
to
Professional Services Agreement
Between Blue Marble Environmental, LLC and City of Arlington
for
City of Arlington Waste Prevention Recycling Program
In accordance with our Professional Services Agreement between the City of Arlington and Blue
Marble Environmental, LLC dated January 3, 2006, this is an authorization to revise and amend the
original contract as described below effective this _____ day of ___________, 2010. The work will be
performed and invoiced in accordance with the terms and conditions listed in the Original Agreement.
It is mutually agreed that the above referenced agreement is amended as follows:
AMENDMENT
Section 1.1: Contractor shall perform services in accordance with the revised Scope of Work for the
City of Arlington 2010-2011 Waste Prevention and Recycling Program included with this
amendment as Attachment A.
Section 2.1: City shall pay Contractor an hourly rate of $80.00, plus verified expenses, for a total
authorized amount not to exceed $23,600.00.
Section 4.3: Contractor’s work authorized by this amendment shall be performed in accordance
with the Coordinated Prevention Grant (Grant No: G1000439) that the City received from the
Department of Ecology for years 2010-2011 for a total eligible cost of $23,600.00 with State Grant
Share of $17,700 (75%) and City of Arlington share of $5,900 (25% match).
Section 6.1: The Director’s Designee shall be Jim Kelly, Public Works Director.
EXECUTION
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above
written. Except as modified herein, the contract between the parties dated January 3, 2006 shall remain in full
force and effect.
Blue Marble Environmental, LLC.
City of Arlington
Signature: Signature:
Title: Title:
Date: Date:
Exhibit A
Scope of Work
Blue Marble Environmental LLC
2010 – 2011 Waste Reduction & Recycling Program
This scope of work identifies work to be performed by Blue Marble Environmental
LLC for the City of Arlington in 2010 and 2011.
Blue Marble Environmental LLC will assist the City of Arlington in developing and
implementing waste reduction and recycling programs for city businesses, multi-
family properties, schools, and city residents. Program goals, activities and
deliverables are tied to a Washington State Department of Ecology Coordinated
Prevention Grant Agreement.
Scope of Work Project Tasks:
Task 1. Commercial Waste Reduction & Recycling. Provide waste reduction
and recycling information and assistance to businesses and schools. Identify
non recycling businesses and schools and provide assistance developing waste
reduction and recycling programs. Develop and distribute recycling information,
provide recycling cost savings reports and follow-up assistance necessary to
start and support recycling and waste reduction programs.
Task 2. Multi-family Recycling Program. Provide recycling assistance to multi-
family properties to increase recycling participation and recycling tonnage
diversion from the landfill. Provide assistance starting new recycling programs to
properties that are not recycling and follow-up assistance to properties with
recycling programs to maintain recycling efforts.
Task 3. Public Area and Events Recycling. Provide recycling opportunities at
public events in concert with the Washington State Event Recycling Law.
Provide recycling containers for public use in public areas. Provide waste
reduction and recycling information and assistance to city residents through
information handouts, newsletters and telephone/email/mail.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #4
ATTACHMENT D
COUNCIL MEETING DATE:
February 8, 2010
SUBJECT:
Review of draft shoreline maps indicating the
proposed shoreline jurisdiction of the City of
Arlington
DEPARTMENT OF ORIGIN:
Community Development
Contact: Bill Blake
ATTACHMENTS:
Draft maps and cover letter from our consultant (The Watershed Company)
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: Shoreline Master Planning
LEGAL REVIEW: N/A
DESCRIPTION:
One of the first phases of the Shoreline master planning process is creating draft maps
indicating where the new shoreline jurisdiction will be located. This presentation is for the
purpose of having the City Council provide feedback on which map alternative best meets their
objective.
HISTORY:
The draft maps have been presented to the Planning Commission. They are based on existing
information, and may be subject to change following additional analysis. They will be
presented to the Planning Commission one more time before being presented to the City
council for final approval
ALTERNATIVES:
Do not select any of the presented versions and request staff develop a new alternative
RECOMMENDED ACTION:
No action necessary at this workshop
4 December 2009
Bill Blake
City of Arlington
238 North Olympic Avenue
Arlington, WA 98223
Re: City of Arlington Shoreline Jurisdiction Options
Dear Bill:
The Watershed Company has developed the attached proposed maps of shoreline
jurisdiction, illustrating the minimum jurisdiction option and the additional full floodplain
and wetland buffers options. Under the City’s current Shoreline Master Program (SMP), the
South Fork Stillaguamish River and a small portion of the mainstem Stillaguamish River are
regulated as shorelines. Existing shoreline jurisdiction includes the shorelands extending 200
feet from the ordinary high water mark and identified associated wetlands. As part of the
update to the City’s Shoreline Master Program, the City also plans to include and evaluate a
portion of Portage Creek and additional areas within the City’s Urban Growth Area (UGA).
The UGA also includes portions of additional floodplain, floodway, and associated wetlands.
MINIMUM JURISDICTION
The first step in updating the map of shoreline jurisdiction was to review the precise
shoreline, floodway, floodplain and associated wetlands definitions found in the WAC and
in Washington Department of Ecology’s (Ecology) rules and guidance documents. Portions
of these definitions that apply to the City of Arlington revolve around the flow thresholds for
waterbodies meeting shoreline criteria, the two State floodway definitions, and when to
consider critical areas (wetlands) as “associated” with the shoreline. The final illustration of
the minimum shoreline jurisdiction is provided on the Minimum Shoreline Jurisdiction exhibit.
Lakes
The minimum size limit for lakes to be designated as shoreline is 20 acres. No waterbodies
within the City boundary exceed 20 acres.
Streams and Rivers
Washington Department of Ecology’s Digital Atlas was consulted to verify the upstream
limits of stream and river shoreline jurisdiction based on USGS’s recent study of the 20 cubic
feet per second (cfs) cut‐off. Based on this information, Portage Creek has a mean annual
Blake, B.
4 December 2009
Page 2 of 3
flow greater than 20 cfs beginning east of Interstate 5. The mainstem of the Stillaguamish
River, along with the North and South Forks of the Stillaguamish River, are each considered
a Shoreline of Statewide Significance since their mean annual flow exceeds 1,000 cfs.
No other waterbodies were indicated as having flows sufficient to meet shoreline criteria.
Shorelands
Floodplains/Floodways
The mapping of floodplains and floodways uses the latest information developed by
Snohomish County and is in the final stages of review by FEMA. Portage Creek and the
Stillaguamish River have floodplains that extend beyond the ordinary high water mark
through portions of the City and the UGA (see Step 1 of the Shoreline Jurisdiction Assembly
exhibit). However, Portage Creek does not have a designated floodway. At a minimum, the
shoreline jurisdiction is extended to include any floodways (see Step 2 of the Shoreline
Jurisdiction Assembly exhibit). In addition, shoreline jurisdiction is extended to any portions
of the floodplain that extend up to 200 feet inland from the floodway edge (see Step 3 of the
Shoreline Jurisdiction Assembly exhibit). We will continue to monitor progress of the
floodplain/floodway mapping until final adoption by FEMA, and will update jurisdiction
maps as needed during the SMP update process.
Associated Wetlands
Existing wetland inventory information (see Step 4 of the Shoreline Jurisdiction Assembly
exhibit), essentially what has been identified by Snohomish County, Washington Department
of Fish and Wildlife’s Priority Habitats and Species maps as part of the National Wetland
Inventory, and data provided by the City of Arlington, was reviewed to identify associated
wetlands (see Step 5 of the Shoreline Jurisdiction Assembly exhibit). Ecology guidance states
that the entire wetland is associated if any part of it lies within the area 200 feet from the
OHWM (or floodway in riverine environments) of a state shoreline. Further guidance states
that wetlands that are hydraulically connected to a Shoreline also would be considered
associated, as well as wetlands within the 100‐year floodplain. Wetlands that are separated
by an obvious topographic break from the shoreline are not associated, provided they are
outside the shoreland zone and provided that the break is not an artificial feature such as a
berm or road.
Associated wetlands are identified in several areas along the jurisdictional boundary of both
the mainstem and South Fork of the Stillaguamish River. Currently, wetland inventory
information is lacking for areas along Portage Creek and the slough connection from the
Stillaguamish River. As more information becomes available, additional associated wetlands
may be mapped in this area.
Blake, B.
4 December 2009
Page 3 of 3
OTHER JURISDICTION OPTIONS
The information above describes assembly of the minimum shoreline jurisdiction. The City
may further elect to expand jurisdiction to include 1) all or part of the 100‐year floodplain, or
2) buffers of associated wetlands that would otherwise encompass areas outside of shoreline
jurisdiction.
The 100‐year floodplain option was assembled by combining the Minimum Shoreline
Jurisdiction exhibit with additional floodplain areas shown on Step 1 of the Shoreline
Jurisdiction Assembly exhibit. The resulting optional jurisdiction is illustrated on the Shoreline
Jurisdiction Option 1 exhibit.
The wetland buffers option was assembled by combining the Minimum Shoreline Jurisdiction
exhibit with buffers assigned to wetlands illustrated on Step 3 of the Shoreline Jurisdiction
Assembly exhibit. Known wetlands within the City and its UGA have not been rated using
Ecology’s latest wetland rating system as required by the City’s critical areas regulations.
According to the critical area regulations, possible buffers range from 10 to 150 feet. For
illustration purposes only, these wetlands were assigned a 100‐foot buffer (see Shoreline
Jurisdiction Option 2 exhibit).
Given the existing development in the area, and the anticipated inclusion of the City’s
existing critical areas regulations wetland buffers into the SMP, it does not appear that
inclusion of the buffers in shoreline jurisdiction would provide meaningful additional
protection to the wetland and may unnecessarily increase the permit burden on the property
owner.
Please call if you have any questions.
Sincerely,
Dan Nickel
Environmental Engineer
Enclosures
Shoreline jurisdiction boundaries depicted on this map are
approximate. They have not been formally delineated or
surveyed and are intended for planning purposes only.
Additional site-specific evaluation may be needed to
confirm/verify information shown on this map.
DRAFT
1. River Channels, 200' OHWM, Floodway, Floodplain 2. SMP Jurisdiction, including Floodway 3. SMP Jurisdiction, including 200' Contiguous Floodplain
SHORELINE JURISDICTION ASSEMBLY
City of Arlington Shoreline Master Program
4. Regional Wetlands 5. Associated Wetlands 6. Shoreline Jurisdiction
Data: Snohomish County, City of Arlington. December 4, 2009.
[
0 10.5
Miles
Other Streams
Floodway
Floodplain
LEGEND
Shoreline Jurisdiction
SMP Streams
City Boundary
UGA Expansion
Other Streams
Floodway
Floodplain
LEGEND
Shoreline Jurisdiction
SMP Streams
City Boundary
UGA Expansion
Other Streams
Floodway
Floodplain
LEGEND
Shoreline Jurisdiction
SMP Streams
City Boundary
UGA Expansion
LEGEND
Shoreline Jurisdiction
SMP Streams
City Boundary
UGA Expansion
Regional Wetlands
Associated Wetlands
LEGEND
Shoreline Jurisdiction
SMP Streams
City Boundary
UGA Expansion
Regional Wetlands
Associated Wetlands
LEGEND
Shoreline Jurisdiction
SMP Streams
City Boundary
UGA Expansion
Area of interest in red
Shoreline jurisdiction boundaries depicted on this map are approximate. They have
not been formally delineated or surveyed and are intended for planning purposes
only. Additional site-specific evaluation may be needed to confirm/verify information
shown on this map.
December 4, 2009
Data: Snohomish County
City of Arlington
MINIMUM
SHORELINE
JURISDICTION
City of Arlington Shoreline
Master Program
[
0 1,500 3,000
Feet
STILLAGUAMIS H RIVER
Shoreline Jurisdiction
SMP Streams
Other Streams
UGA Expansion
Future Planning Area
City Boundary
PO RTAGE C REEK
DRAFT
Area of interest in red
Shoreline jurisdiction boundaries depicted on this map are approximate. They have
not been formally delineated or surveyed and are intended for planning purposes
only. Additional site-specific evaluation may be needed to confirm/verify information
shown on this map.
December 4, 2009
Data: Snohomish County
City of Arlington
SHORELINE
JURISDICTION
OPTION 1
City of Arlington Shoreline
Master Program
[
0 1,500 3,000
Feet
STILLAGUAMIS H RIVER
Shoreline Jurisdiction
SMP Streams
Other Streams
UGA Expansion
Future Planning Area
City Boundary
PO RTAGE C REEK
DRAFT
Area of interest in red
Shoreline jurisdiction boundaries depicted on this map are approximate. They have
not been formally delineated or surveyed and are intended for planning purposes
only. Additional site-specific evaluation may be needed to confirm/verify information
shown on this map.
December 4, 2009
Data: Snohomish County
City of Arlington
SHORELINE
JURISDICTION
OPTION 2
City of Arlington Shoreline
Master Program
[
0 1,500 3,000
Feet
STILLAGUAMIS H RIVER
Shoreline Jurisdiction
SMP Streams
Other Streams
UGA Expansion
Future Planning Area
City Boundary
PO RTAGE C REEK
DRAFT
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #5
ATTACHMENT E
COUNCIL MEETING DATE:
February 8, 2010
SUBJECT:
Airport Office Expansion Project Closeout
DEPARTMENT OF ORIGIN:
Capital Projects
Airport
ATTACHMENTS:
Change order #6
EXPENDITURES REQUESTED: Credit of ($2,444.54)
BUDGET CATEGORY: Airport Capital Improvements
LEGAL REVIEW: N/A
DESCRIPTION:
The Airport Office Expansion Project has been completed as specified in the contract
documents. The project had six change orders totaling $52,374.39 or about 4.4% of the base bid
cost. Change Order #6 is a credit of $2,444.54 and is the last change order for approval
consideration.
HISTORY:
The Airport Office Expansion project added an additional 7,400 square feet to the 1,389 square
foot Airport office. The added space provides offices for WADOT Aviation along with Public
restrooms and meeting space. Pennon Construction was awarded the contract through a public
bid process and began construction in June 2009. City staff and WADOT began occupying the
building in December 2009.
ALTERNATIVES:
RECOMMENDED ACTION:
No Action. Action will be requested on February 16, 2010.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #6
ATTACHMENT F
COUNCIL MEETING DATE:
February 8, 2010
SUBJECT:
Reestablishment of the Emergency
Management Coordinator Position
DEPARTMENT OF ORIGIN:
Executive
ATTACHMENTS:
Memo
2010-11 Strategic Emergency Management Plan
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
After a lengthy discussion of the Emergency Management needs of the City at the Council
Retreat, the City Council requested that staff develop a formal proposal for reestablishment of
the Emergency Management Coordinator position. The proposal is to continue our partnership
with the Hospital and School District for two years, with a mid-contract review to ensure that we
are completing the essential tasks.
HISTORY:
The Emergency Management partnership with the School District and Hospital was formed in
2008. The Emergency Management Coordinator position was initially established in 2006 as the
Emergency Management Project Manager and has evolved over time.
ALTERNATIVES:
RECOMMENDED MOTION:
No action.
City of Arlington Executive Department MEMO
To: Arlington City Council
From: Allen Johnson, City Administrator
Date: February 4, 2010
Subject: Reestablishment of the Emergency Management Coordinator Position
At the City Council Retreat on January 30, 2010, the City Council requested staff to develop a
formal proposal for reestablishment of the Emergency Management Coordinator position.
The City Council was appraised of the City’s current emergency preparedness measures at the
retreat. The City, under the leadership of the Emergency Management Coordinator, has
completed its Comprehensive Emergency Management Plan (CEMP) and forwarded it to
Snohomish County to be included in the Countywide CEMP. The CEMP is a written basic plan
with elements that address all natural and man-made emergencies and disasters to which a city is
vulnerable. The plan specifies the purpose, organization, responsibilities and facilities of
agencies and officials of the city in the mitigation of, preparation for, response to, and recovery
from emergencies and disasters. A CEMP is required under state law.
In addition, the City has completed its Emergency Operations Plan (EOP), also required under
state law. The EOP provides guidance and procedures for the City of Arlington Emergency
Operations Center (EOC) and is focused on the response phase of emergency management and
the transition to recovery.
The City next needs to complete its Continuity of Operations Plan (COOP). This plan provides
guidance and procedures for the continuation of the City’s minimum essential functions through
the recovery from any natural or man-made emergency or disaster to which a city is vulnerable.
The City must also complete a number of other plans, including a Citywide Recovery from
Disaster Plan and the City’s portion of the Hazard Mitigation Plan (required by FEMA to receive
certain types of non-emergency disaster assistance).
Perhaps the most important element in developing all of these plans is putting them into practice.
The City has undertaken Emergency Management preparation a number of times over the last 20
years. Each time, the plan has done little more than collect dust on a shelf. In order for us to truly
be a disaster resistant community, we must ensure that our employees are well-trained on what to
do during and after a natural or man-made emergency or disaster. Without this consistent, on-
going training, our staff will be ineffective and our community will suffer the consequences.
I have attached the 2010-11 Strategic Emergency Management Plan for your review. This plan
outlines the major tasks that the City needs to complete in the next two years.
I am proposing to you a 1 year employment contract with Chris Badger with a 1 year automatic
renewal, based on constructive progress to completing the major work tasks already outlined.
The City, Hospital District, and School District would again enter into a tri-agency interlocal and
share the costs of this position the current proposed split for 2010 is as follows:
City $38,900, plus benefits
Hospital $38,900
Schools $5,000
At the one year mark, we would review both the status of the program and the ability of the three
agencies to adjust their funding abilities. I have spoken to Hospital Administrator Clark Jones
and Superintendent Dr. Kris McDuffy, who have indicated that they are onboard with this
proposal. Dr. McDuffy has also indicated that the District may be able to commit to a larger
share in the District’s next fiscal year.
The city has available funding for this position. Although the Council deleted the specific line
item from the 2010 budget, the funds are still contained in the 2010 budget itself and are
currently held in the ending fund balance.
1
2010-2011 Strategic Emergency Management Plan
1. Develop a Comprehensive Continuity of Operation Plan (COOP) with each City
Department to ensure continuity of government during and following a local disaster.
a. Each department will develop a continuity plan
b. Develop disaster policies for approval by Council to support the COOP
c. Develop notebooks for each department based on their COOP
2. Develop a Citywide Recovery from Disaster Plan
a. Include a Debris Management Plan (will annex the County Plan)
b. Will work off of the COOP plan to develop contingency for each department
c. Establish matrix of specific resources and locations that will support a recovery
effort
d. Add as an annex a Mass Fatality Plan
3. Assist with the establishment of “neighborhoods” to support a City Wide
Preparedness and Awareness campaign.
a. Utilize and expand on established programs such as Neighborhood Watch and
Map Your Neighborhood to create a greater sense of community.
b. Assist with the establishment of Citizens Patrol and/or Fire Corps to assist Fire
and Police to increase public interactions without utilizing “on duty” crews.
4. Fundamentals of Emergency Management training for City Staff.
a. A critical next step in emergency management planning is enhancing on EOC
training to include position specific training for all city staff.
b. Enhance the Windshield Survey Forms and place within City vehicles.
c. Enhance the EOC based on the After Action Report from Quake Shake 09.
d. Provide Public Assistance workshop to City personnel who will be responsible
for working with FEMA after a declared disaster.
e. Complete and stay on track with NIMS reporting and requirements.
5. Complete the City of Arlington portion of the County Hazard Mitigation Plan
a. Work with City Personnel to identify deficiencies within City Limits that may
benefit from mitigation projects.
b. Write Mitigation Project job descriptions for the recruitment of Interns to
assist with the project if possible or to do the research and the cost benefit
CITY OF ARLINGTON
Fire Department
2
analysis so the project will be “grant ready” when State Mitigation Grants
open.
6. Community Preparedness and Training
a. Continue with the Arlington Disaster Task Force meetings
b. Continue Community Emergency Response Training with neighboring Fire
Districts
c. Continue attending County meetings that will enhance City of Arlington
preparedness, such as County Volunteer Cadre, Safe Kids, County Prevention
Association, County Public Information Officers and County Public Educators
meetings.
d. Enhance meeting with local businesses via Downtown Business Association,
Chamber, and offering preparedness talks and education.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #7
ATTACHMENT GC
COUNCIL MEETING DATE:
February 8, 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
Proposed Ordinance incorporating changes to AMC Title 8
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.
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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
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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 Ontoonto 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.
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Current AMC Title 8 with strikeouts - 12-09
8.05.030 Definitions. As used in the this chapter, unless the context clearly indicates
otherwise, words in the present tense include the future; the singular includes the plural; plural
usage includes the singular; “shall” means mandatory, not directory; the masculine gender
includes the feminine; and certain words and phrases are defined as follows:
(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 they 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 make repairs to restore the
property to its original condition, which if the same exceeds one hundred dollars.
(i)“Dangerous animal” or “dangerous dog” means any dog that according o to the
records of the appropriate authority:
(1) Has inflicted sever severe injury including transmission of an infectious or
contagious disease on a human being without provocation on public or private property;
(2) Has killed a domestic animal without provocation while off the owner’s property;
or
(3) Has been previously found to be potentially dangerous, the owner having
received notice of such, and the animal having again aggressively bitesbitten, attacksattacked,
or endangers endangered the safety of humans or domestic animals. Excluded from this
definition is a dog investigated as potentially dangerous when the threat, injureinjury, 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.
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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
consitiuteconstitute 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
reguilationsregulations, 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 occupantto provide a place or any premises on which an
animal customarily remains, or to which it customarily returns daily for food and care for a
period of ten days. The owner of such a place or premises is presumes presumed 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;
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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.
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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 animal or
dog that when unprovoked:
(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 this definition.
(bb) “Potentially dangerous wild animal” means one of the following types of
animals, whether bred in the wild or in captivity, and any or all hybrids thereof:
(1) Class mammalian
a. Order carnivore
i. Family felidae, only lions, togers, captive-bred cougars,
jaguars, cheetahs, leopards, snow leopards, and clouded
leopards;
ii. Family canidae, wolves, excluding wolf-hybrids;
iii. Family ursidae, all bears;
iv. Family hyaenidae, such as hyenas;
b. Order perissodactyla, only rhinoceroses;
c. Order primates, all nonhuman primate species;
d. Order proboscidae, all elephant species;
(2) Class reptilian
a. Order squamata
i. Family atractaspidae, all species;
ii. Family colubridae, only dispholidus typus;
iii. Family elapidae, all species, such as cobras, mambas, kraits,
coral snakes, and Australian tiger snakes;
iv. Family hydrophiidae, all species, such as sea snakes;
v. Family varanidae, only water monitors and crocodile
monitors;
vi. Family viperidae, all species, such as rattlesnakes,
cottonmouths, bushmasters, puff adders, and gaboon vipers;
b. Order crocodilian, all species, such as crocodiles, alligators, caimans,
and gavials.
(ccbb)“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.
(ddcc)“Service animal” means an animal that is trained for the purposes of assisting or
accommodating a disabled person’s sensory, mental or physical disability.
(eedd)“Severe injury” means any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or cosmetic surgery.
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Current AMC Title 8 with strikeouts - 12-09
(ffee)“Wild animal” means any animal living in its natural state and native to the United
States and nor not normally domesticated, raised, or bred by humans. (Ord. 1371 §1 (part),
2005).
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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:
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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
ofsufficientof sufficient height to prevent the dog from reaching persons off the property, and
that the owner shall restraining therestrain 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 animalsdogs. 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:
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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. When a property is designated by signs as
prohibited to such animals, It 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, any 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;
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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 2ndthe first business day of each
calendar year.
(e) Prorating of License Fee. If operations are commenced in a month other than
January, the applicant must submit the application together with the prorated license fee
within thirty days of commencing operations. The license fee shall be prorated according to the
number of months remaining in the license year. (Ord. 1371 §1 (part), 2005).
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
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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
excretaexcrement.
(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.
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(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 while 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
chapter shall be a civil infraction with a fine as adopted by resolutionof $1250.00 for the first
and second offense. The third offense is a gross misdemeanor punishable by one thousand
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dollars fine and 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, 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).
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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.xxx0308.05.030. The finding must be based upon:
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(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.xxx0308.05.030; 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.
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(3) The dog may leave the property only when muzzled, 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 thousandfifty
thousand dollars payable to any person injured by the animal;;oranimal;
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 placed 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.
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(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
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 ofrestrictions on 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 payable100,000 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
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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.
(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 or
dangerous dog withindog 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
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specific class of individuals. This chapter has been enacted for the safety and welfare of the
public as a whole.
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 Iis not done by
the offender within twenty -fourtfour 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
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found guilty of the failure to comply shall be guilty of a separate civil infraction for each day of
noncompliance.
(b) Public nuisance – Petition – Notice of abatement. Whenever it shall be affirmed
in writing by three or more persons having separate residences or regularly employed in the
neighborhood that any dog is a habitual public nuisance by reason of continued violations of
any section of this chapter, the animal control officer may serve notice upon the owner or
custodian of the dog ordering that the nuisance be abated within a period of not less than three
days. It shall be unlawful for any person to fail to comply with said notice of abatement, and
the same shall be cause for impoundment of the dog.
(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,
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provided that the costs to board the animal shall be borne by the owner if in a location other
than the owner’s residence.
(2) Boarding or kennel fees, if any, for the quarantine period shall be paid by
the animal’s owner and the release of the animal shall be conditioned upon payment of the
fees.
(c) Produce for Examination. It is unlawful for the owner or custodian of any animal
that has been reported as having bitten a person to refuse to produce such animal for
examination and quarantine upon demand of the police department.
(d) Penalty. If the owner or custodian of any such animal refuses to produce the
animal, he or she shall be subject to immediate arrest by a police officer if probable cause exists
to believe that the animal has bitten a person and the owner or custodian willfully refuses to
produce the animal on demand. Any person who willfully fails or refuses to produce an animal
that has bitten a human being, 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
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in the judgment of the animal control authority, be safely taken and impounded after
reasonable attempts to do so have been made. An animal suffering from serious injury or
disease may be humanely destroyed by the impounding authority; provided, that the
impounding authority shall immediately notify the owner if the owner is known, and if the
owner is unknown, make all reasonable efforts to locate and notify the owner. The animal’s
owner shall be held liable for the costs of the treatment and 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).
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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:
(1a) For any reason provided for in the chapter;
(2b) 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;
(3c) 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;
(4d) An animal control authority may enter the private property of another to
enforce this chapter with a search warrant or when authorized by law;
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(5e) 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;
(6f) 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;
(7g) 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; except as set forth herein, the officer shall not enter the residence of
the owner without permission or a warrant. (Ord. 1371 §1 (part), 2005).
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
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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 Rrights of Wway 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 Rrights of Wway 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).
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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).
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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 or statute, 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 14.120Arlington Municial Code Chapter 20, Table 20.40-1, permissible
use code 14.120..
2. Livestock shall be kept by securely confining the same in a stable or other building; or an
enclosure surrounded by a secure, well built fence of sufficient height and strength to confine
such animal therein; or the same may be securely staked out in a vacant lot in such manner that
it cannot get upon any street, alley, 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 Oone Hhundred
(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 Rrights of Wway 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 Ttwenty-Ffive (25) feet from any
property line or adjacent residence or building, and Ffifty (50) feet from any Rrights of Wway,
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.
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6. All feed or food products shall be kept in secure, tightly sealed, rodent proof containers.
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).
8.17.202 020 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 animlanimal
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;
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(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).
8.17.505 050 Hitching of horses prohibited in business or commercial districts. It is
unlawful for any person to leave a horse tied, fastened or hitched to any object in a business or
commercial zone of the city. (Ord. 1371 §1 (part), 2005).
8.17.060 Driving or riding animals so as to endanger persons or property. It is unlawful
for any person to drive, herd or ride a horse or other livestock in the city in such a manner as to
endanger or to be likely to endanger any person or property, or to drive or ride a horse or other
livestock upon any sidewalk in the city at all, or any street within a business or commercial
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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).
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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
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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).
Ordinance No. 2010-xxx 1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON AMENDING AND REPEALING CERTAIN
SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 8
RELATING TO THE TREATMENT AND CONTROL OF
ANIMALS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 8, relating to the treatment and control of animals;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 8.05.030 is amended to read as follows:
8.05.030 Definitions. As used in theis 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
Ordinance No. 2010-xxx 2
enforcement of the city and state animal control laws as the they 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 make repairs to restore the property
to its original condition, which if the same exceeds one hundred dollars.
(i)“Dangerous animal” or “dangerous dog” means any dog that according o to the records
of the appropriate authority:
(1) Has inflicted sever severe injury including transmission of an infectious or
contagious disease on a human being without provocation on public or private property;
(2) Has killed a domestic animal without provocation while off the owner’s
property; or
(3) Has been previously found to be potentially dangerous, the owner having
received notice of such, and the animal having again aggressively bitesbitten,
attacksattacked, or endangers endangered the safety of humans or domestic animals.
Excluded from this definition is a dog investigated as potentially dangerous when the
threat, injureinjury, 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.
(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, wild or dangerous animal” means any member of the animal kingdom which
is not commonly domesticated or which is not common to North America, or which, irrespective
of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because
of its size, vicious nature or other similar characteristics would constitute a danger to human life
or property if not kept, maintained or confined in a safe and secure manner. Incorporated by
reference here are the State Game Department regulations, principally the following: WAC 232-
12-015, 232-12-030, 232-12-040, 232-12-050 and 232-12-060.
(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.
Ordinance No. 2010-xxx 3
(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 occupantto provide a place or any premises on which an
animal customarily remains, or to which it customarily returns daily for food and care for a
period of ten days. The owner of such a place or premises is presumes presumed 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 a
purpose other than medical care or engages in the commercial breeding of animals, but not
including licensed veterinary hospitals or clinic, pet shops or grooming parlors;
(2) Keeping of more than three adult dogs, more than three adult cats or any
combination of cats and dogs where the total exceeds seven, exclusive of fish, insects or birds as
household pets;
(3) Keeping two or more litters of juvenile animals;
(4) The keeping of animals for a commercial purpose which includes making
a profit from the products of the animal, rearing, breeding, sale or lease of an animal;
(5) Any confined outdoor place where the keeping of animals has destroyed
the vegetative cover and material infiltration capacity of the soil or caused an adverse impact
upon the water quality within the watershed; or
(6) Commercial advertising is used on the premises and pertains to the animal
on the premises.
(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 shoulder 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;
Ordinance No. 2010-xxx 4
(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.
(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 animal or
dog that when unprovoked:
(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 thise 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 not normally domesticated, raised, or bred by humans.
Section 2. Arlington Municipal Code Section 8.09.010 is amended to read as follows:
8.09.010 Dog licenses—Required.
Ordinance No. 2010-xxx 5
(a) It is unlawful for any person, firm, or corporation to own, possess, harbor or maintain
any dog, male or female, over the age of three months, within the city without paying the license
fee and obtaining a license from the agency or department designated by the city council. All
dogs that are over three months of age and are brought into the corporate city limits shall be
registered within thirty days after being brought into the city. The license tag shall be attached to
the animal’s collar so that the animal may be returned to the owner. The animal owner will be
responsible for any costs regarding a licensed but not tagged animal.
(b) License Prohibited. Dogs that are determined to be dangerous by any competent
jurisdiction are prohibited within the city and licensing these animals is prohibited.
(c) License Exemptions. The following 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 possess a
guard or attack dog without first obtaining a guard or attack dog license from the city of
Arlington. The application for the guard or attack dog shall certify the following information:
(1) The name and address of the owner of the guard/attack dog, description of
the dog, address and business name, if any, of the premises the dog will guard;
(2) The name and address of the trainer, and the name and address of the
purveyor of the dog;
(3) That the premises the dog will guard is adequately secured for the safety
of the public, meaning that the guard dog shall be kept contained within a building or on a leash
under the control of a person or enclosed within a six-foot solid or chain-link fence of sufficient
height to prevent the dog from reaching persons off the property, and that the owner shall
restrain the guard dog in such a manner that the dog is unable to reach persons using the normal
ingress and egress of the property;
(4) That the owner shall post signs on the premises at all entrances, and in at
least two conspicuous places on the property, clearly warning that a guard/attack dog is on duty
on the premises;
(5) That the user of the guard/attack dog is aware of and understands the
aggressive nature of the dog;
(6) That the owner of the guard/attack dog has surety bond or policy of
liability insurance in the amount of at least one hundred thousand dollars from an insurer
authorized to conduct business in the state of Washington, insuring the owner for any personal
injuries inflicted by the dog; and
(7) Proof of microchip identification, microchip number and identification of
the date and location of the microchip implant.
Section 3. Arlington Municipal Code Section 8.09.020 is amended to read as follows:
Ordinance No. 2010-xxx 6
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.
Section 4. Arlington Municipal Code Section 8.09.030 is amended to read as follows:
8.09.030 Unlicensed dogs. Kennels, pet shops or veterinary hospitals may keep
unlicensed animals on the premises temporarily, provided that the premises are securely fenced
or enclosed and the entrances thereto locked when unattended. Each such unlicensed animal
three months of age or older contained within the premises of a kennel, pet shop or veterinary
hospital shall be inoculated against such diseases, and in such a manner as may be prescribed by
a veterinarian and an inoculation certificate provided for each such dog. For dogs over three
months of age, this shall consist of rabies inoculations.
Section 5. Arlington Municipal Code Section 8.09.070 is amended to read as follows:
8.09.070 Animals at prohibited public places. When a property is designated by signs as
prohibited to such animals, it is unlawful for an owner to allow any domestic, or exotic animal,
except cats and pigeons, upon any public school playground, publicly maintained park or play
field, any environmentally critical area as defined in AMC Chapter 20.88, or other city owned
property.
Section 6. Arlington Municipal Code Section 8.09.100 is amended to read as follows:
8.09.100 Regulations pertaining to kennels, catteries, grooming parlors, pet shops, and
other boarding facilities.
(a) License Required. No person, owner or keeper shall operate any kennel, cattery,
grooming parlor, pet shop, or animal shelter within the city without first obtaining a special
license from the city for this purpose. Licensed veterinary hospitals or clinics are not included
within this prohibition though a land use permit may still be required pursuant to AMC Title 20.
Licenses shall be issued annually by the city, upon receipt of an application, the payment of fees,
and only after satisfactory inspection by the Arlington police department.
(b) Application. A license application for a commercial kennel, boarding
kennel/cattery, grooming parlor, pet shop, animal shelter, or other boarding place shall contain
the following:
Ordinance No. 2010-xxx 7
(1) Name, address and telephone number of the owner or operator of the
facility, and the name and address of the facility;
(2) The type of license sought and a brief description of the magnitude and
nature of the contemplated operations;
(3) A written statement from the city’s department of community
development or other satisfactory proof that the proposed operation conforms to the city’s zoning
code and all other land use regulations.
(4) Proof that an animal waste disposal plan is present and conforms to
established law.
(c) Term. The license shall be valid for one calendar year, from each January 1st
through the following December 31st.
(d) Fee. The annual license fee shall be assessed as determined by resolution of the
City Council, due and payable on January 2ndthe first business day of each calendar year.
(e) Prorating of License Fee. If operations are commenced in a month other than
January, the applicant must submit the application together with the prorated license fee within
thirty days of commencing operations. The license fee shall be prorated according to the number
of months remaining in the license year.
Section 7. Arlington Municipal Code Section 8.09.115 is amended to read as follows:
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.
(a) Food and bedding shall be stored in a fashion that prevents contamination or
infestation. Refrigeration shall be provided for the protection of perishable foods.
(b) The facilities, both for housing and waste disposal, shall be maintained and
operated in a healthful, sanitary manner free from disease, contamination, infestation and
obnoxious or foul odors. Provisions shall be made to ensure that the removal and disposal of
animal and food wastes, bedding, dead animals and debris is done in a manner to minimize
vermin/insect infestation, odors and disease hazards.
(c) Sick, diseased, or injured animals shall be isolated from healthy animals in
quarters adequately ventilated to prevent contamination of healthy animals.
(d) 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.
(e) 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.
(f) 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,
Ordinance No. 2010-xxx 8
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.
(g) 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
excretaexcrement.
(h) 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.
(i) Outdoor facilities shall:
(1) Provide shelter and protection from adverse weather;
(2) Provide sufficient room for adequate exercise and movement;
(3) Be fenced at a height of six feet with wood or chain link and have a below
ground barrier sufficient to prevent an animal from digging under the fence; and
(4) Be kept clean.
(j) Indoor facilities shall:
(1) Be heated or cooled to protect the animals from temperatures to which
they are not acclimated;
(2) Be adequately ventilated;
(3) Have interior walls, ceilings and floors which are sealed and are resistant
to absorption of moisture or odors; and
(4) 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.
Section 8. Arlington Municipal Code Section 8.09.125 is amended to read as follows:
8.09.125 Grooming parlors—Conditions—Requirements. Grooming parlors shall:
(a) Not board animals, but keep said animals only for a reasonable time in order to
perform the business of grooming.
(b) 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 while said animal is at the facility.
(c) Not permit animals kept therein for the direct purpose of grooming to have
contact with any other animals therein.
(d) Sterilize all equipment after each animal has been groomed and each cage after
the animal that occupied it has left.
(e) Not prescribe any treatment or medicine that is in the province of a licensed
veterinarian as provided in RCW 18.92.010.
Ordinance No. 2010-xxx 9
(f) 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.
(g) Be structurally sound, maintained in good repair, and provide sufficient security
to contain the animals and prevent the entry of other unwanted animals.
(h) Have grooming area with walls, ceilings, and floors that are sealed and are
resistant to absorption of moisture and odors.
(i) Be cleaned and sanitized on a regular basis and the disposal of pet waste must
follow established law.
(j) Not leave animals unattended during the drying process.
Section 9. Arlington Municipal Code Section 8.09.200 is amended to read as follows:
8.09.200 Violation—Penalty. Failure to comply with any provision of this section
chapter shall be a civil infraction with a fine of $250.00 for the first and second offense. The
third offense is a gross misdemeanor punishable by one thousand dollars fine and or ninety days
in jail. In addition to the described penalties, the involved animals may be impounded and
kenneled at the owner’s expense.
(a) Any violation of this chapter not otherwise designated as a misdemeanor or gross
misdemeanor, and shall constitute a civil infraction punishable by a fine in an amount not to
exceed $250.00.
(b) 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.
(c) 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.
(d) 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.
Section 10. Arlington Municipal Code Section 8.10.040 is amended to read as follows:
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 8.05.030. The finding must be based upon:
(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
Ordinance No. 2010-xxx 10
(c) Actions of the dog witnessed 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 if 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.
(c) 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 police department and
the animal control authority will determine the placement of said signs.
(3) The dog may leave the property only when muzzled, restrained by a
substantial leash 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
Ordinance No. 2010-xxx 11
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.
(d) 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.
(e) 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.
(f) 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) 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
fifty 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.
(3) Proof of placement of a microchip that is capable of being scanned by an
“AVID” or equivalent brand microchip scanner;
(4) Consent for initial and subsequent inspection of the enclosure in which the
animal is and will be kept; and
(5) Compliance with all the licensing requirements in the jurisdiction where
the animal is to reside.
(g) 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 placed 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.
(h) Declaration-Appeal Hearing-Procedures. An owner of a dog that is determined to
be dangerous or potentially dangerous can appeal the designation by the animal control 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
ofrestrictions on the animal shall be followed.
Ordinance No. 2010-xxx 12
(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 if 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 assessed, 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 in 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. 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.
(m) Limitations on ownership of potentially dangerous dogs– Reporting
Requirements.
Ordinance No. 2010-xxx 13
(1) It is unlawful for an owner or keeper of a potentially 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 within the city limits.
(4) It is unlawful to transfer ownership of a potentially dangerous dog within
the city limits unless the recipient has complied with the registration and licensing requirements
of this chapter for such animal.
(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.
Section 11. Arlington Municipal Code Section 8.10.080 is amended to read as follows:
Ordinance No. 2010-xxx 14
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 is not done by the offender within twenty four hours of the
order, the nuisance shall be abated and removed under the direction of the chief of police,
or by any other officer authorized by the court, which order of abatement shall be entered
upon the docket of the court and made a part of the judgment in the action. . Upon being
advised of the same, the animal control officer may serve notice upon the owner or
occupant of the subject premises requiring that the nuisance be abated within a period of
not less than three days. It shall be unlawful for any person to fail to comply with the
notice of abatement. Any person found guilty of the failure to comply shall be guilty of a
separate civil infraction for each day of noncompliance.
(b) Public nuisance – Petition – Notice of abatement. Whenever it shall be affirmed
in writing by three or more persons having separate residences or regularly employed in
the neighborhood that any dog is a habitual public nuisance by reason of continued
violations of any section of this chapter, the animal control officer may serve notice upon
the owner or custodian of the dog ordering that the nuisance be abated within a period of
not less than three days. It shall be unlawful for any person to fail to comply with said
notice of abatement, and the same shall be cause for impoundment of the dog.
Section 12. Arlington Municipal Code Section 8.10.120 is amended to read as follows:
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.
Section 13. Arlington Municipal Code Section 8.10.200 is amended to read as follows:
8.10.200 Violation—Penalty.
(a) No person shall violate or fail to comply with this chapter.
(b) A first violation of or failure to comply with this chapter within a 12-
month period is a class 3 civil infraction.
(c) A second violation of or failure to comply with this chapter within a 12-
month period is a class 1 civil infraction
(d) A third or subsequent violation of or failure to comply with this chapter
within a 12-month period is a gross misdemeanor.
Section 14. Arlington Municipal Code Section 8.13.030 is amended to read as follows:
Ordinance No. 2010-xxx 15
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:
(a) For any reason provided for in the chapter;
(b) 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;
(c) 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;
(d) An animal control authority may enter the private property of another to
enforce this chapter with a search warrant or when authorized by law;
(e) 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;
(f) 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;
(g) A police officer in pursuit of a dog known to be a dangerous or potentially
dangerous dog or reasonably suspected of being dangerous to persons other than wrongful
trespassers upon his or her owner’s premises may enter the premises of the owner and demand
possession of such animal and if, after request therefore, the owner or keeper of the dog shall
refuse to deliver the dog to the officer and the officer cannot with reasonable safety catch the
animal, he or she may then obtain a search warrant authorizing the seizure and impoundment of
the dog; except as set forth herein, the officer shall not enter the residence of the owner without
permission or a warrant.
Section 15. Arlington Municipal Code Section 8.10.200 is amended to read as follows:
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;
Ordinance No. 2010-xxx 16
(3) When a dog is brought to the police department by a private citizen who
has found the dog;
(4) When a dog has been declared potentially dangerous or dangerous
pursuant to this chapter and/or state law and is at large again, or any aggressive or vicious dog
that is at large, or has otherwise violated restrictions placed upon it, or which is in violation of
the restrictions for a dog of that classification;
(5) The dog has been subjected to cruel treatment to the extent that removal is
necessary for immediate safety and well-being of the animal;
(6) The dog’s owner or keeper is incapable or unable to continue to care for it
because of incarceration, severe illness, death, house fire or other emergency circumstances and
an agent for the owner cannot be readily located; or
(7) The dog has bitten a person, breaking or puncturing the skin, and the
owner and/or keeper is unable, incapable or unwilling to provide the ten-day quarantine
requirements. If such a dog is found at large the owner will be deemed unable to quarantine and
it can be impounded.
(b) Impounding Sick or Injured Animals. Whenever animals that are impounded by
the animal control authority are sick or injured and are treated by a licensed veterinarian, the
owner of the animal shall be liable for all costs associated with the treatment.
(c) Notice of Impounding. When any animal is impounded and the owner of the
animal can be reasonably determined, the authority impounding the animal shall attempt to give
notice to the owner by telephone or by leaving written notice at the address of the owner if the
location is within the city of Arlington. However, it shall be the responsibility of the owner to
ascertain that their animal has been impounded and to take such measures to redeem the animal.
Neither the city nor any officer or agent of the city shall be responsible for failing to notify an
animal owner under this chapter.
Section 16. Arlington Municipal Code Section 8.13.070 is amended to read as follows:
8.13.070 Chasing vehicles or cyclists. It is unlawful for an owner of a dog to fail to
prevent the dog from chasing or jumping on or at moving vehicles or cyclists lawfully using any
public Rights rights of Way 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.
Section 17. Arlington Municipal Code Section 8.13.080 is amended to read as follows:
8.13.080 Threat to pedestrians or cyclists. It is unlawful for an owner of a dog to fail to
prevent the dog from snarling, growling, snapping at, or threatening any passersby or other
domestic animals lawfully upon any public Rights rights of Way way or public properties. Any
Ordinance No. 2010-xxx 17
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.
Section 18. Arlington Municipal Code Section 8.17.010 is amended to read as follows:
8.17.010 Keeping animals in the city—General regulations.
(a) Any person being the owner or entitled to the possession of any animal, be it livestock
or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same
within the limits of the city except if the same is now or may be hereafter forbidden by
ordinance or statute, provided that the following conditions are adhered to.
(1). Livestock are prohibited in all areas other than those defined in this code
perArlington Municipal Code Chapter 20, Table 20.40-1, permissible use code
14.120.
(2). Livestock shall be kept by securely confining the same in a stable or other
building; or an enclosure surrounded by a secure, well built fence of sufficient
height and strength to confine such animal therein; or the same may be securely
staked out in a vacant lot in such manner that it cannot get upon any street, alley,
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 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 rights of Way way or public properties.
(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 Twentytwenty-Five five
(25) feet from any property line or adjacent residence or building, and Fifty fifty
(50) feet from any Rights rights of Wayway, 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.
(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
Ordinance No. 2010-xxx 18
must be registered with the director of the department of agriculture of the state of
Washington as provided in RCW 15.60.021.
(c) 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.
(d) 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.
Section 19. Arlington Municipal Code Section 8.17.020 is amended to read as follows:
8.17.020 Potentially dangerous wild animals Prohibited
(a) A person shall not own, possess, keep, harbor, or have custody or control of a
potentially dangerous wild animal, except as provided in subsection (2) of this section.
(1) A person shall not breed a potentially dangerous wild animal.
(2) A person in legal possession of a potentially dangerous wild animal prior
to July 22, 2007, and who is the legal possessor of the animal may keep possession of the
animal for the remainder of the animal’s life. The person must maintain veterinary
records, acquisition papers for the animal, if available, or other documents or records that
establish that the person possessed the animal prior to July 22, 2007, and present the
paperwork to an animal control or law enforcement authority upon request. The person
shall have the burden of proving that he or she possessed the animal prior to July 22,
2007.
Section 20. Arlington Municipal Code Section 8.17.030 is repealed in its entirety.
Section 21. Arlington Municipal Code Section 8.17.040 is repealed in its entirety.
Section 22. Arlington Municipal Code Section 8.17.060 is amended to read as follows:
8.17.060 Driving or riding animals so as to endanger persons or property.
It is unlawful for any person to drive, herd or ride a horse or other livestock in the city in
such a manner as to endanger or to be likely to endanger any person or property, or to
drive or ride a horse or other livestock upon any sidewalk in the city at all, or any street
within a business or commercial district of the city; provided, that this section shall not
prohibit any person from driving or herding livestock in a safe manner consistent with
reasonable farming or ranching practices; and provided further, that it is not unlawful to
ride, lead or allow such animals on said streets during authorized parades, or permitted
special events.
Comment [SJP1]: This needs a definition.
Ordinance No. 2010-xxx 19
Section 23. Arlington Municipal Code Section 8.21.020 is amended to read as follows:
8.21.020 Cruelty.
Every person who overdrives or overloads, or overworks; tortures, torments, or deprives
of necessary sustenance; beats, mutilates, or cruelly kills; or causes, procures, authorizes,
requests or encourages any such act of cruelty and whoever having the charge or custody
of any animal, either as owner or otherwise, inflicts unnecessary suffering or pain upon
the same, or unnecessarily fails to provide the same with proper food, drink, air, light,
space, shelter, or protection from the weather, or who willfully and unreasonably drives
the same when unfit for labor or in a state of discomfort, or who abandons any animal is
guilty of a misdemeanor, punishable in accordance with AMC Section 1.04.010.
Section 24. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 25. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
Pro Tem this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
Ordinance No. 2010-xxx 20
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #8
ATTACHMENT H
COUNCIL MEETING DATE:
February 8, 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
Proposed Ordinance incorporating changes to AMC Title 9
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.
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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
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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.
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(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
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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).
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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.
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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:
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(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).
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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).
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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
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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
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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
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(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).
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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.
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(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;
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(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).
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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
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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).
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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).
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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.
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(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.
9.28.040 Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing
to leave public property, violations, when — Penalty.
(b) RCW 28A.635.030, Disturbing school, school activities or meetings — Penalty.
(c) RCW 28A.635.090, Interference by force or violence — Penalty.
(d) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful — Penalty.
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.
(Ord. 1289 §§1, 2, 2002).
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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).
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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.
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(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).
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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:
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(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;
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(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).
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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.
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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).
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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.
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(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).
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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.
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(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).
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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).
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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).
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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).
Ordinance No. 2010-xxx 1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING
AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE
TITLE 9 RELATING TO PEACE, MORALS, AND SAFETY OF THE CITIZENS OF
THE CITY OF ARLINGTON
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 9, relating to the peace, morals, and safety of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 9.08.010 is amended to read as follows:
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:
(a) RCW 9A.36.041, Assault in the fourth degree.
(b) RCW 9A.36.050, Reckless endangerment.
(c) RCW 9A.36.070, Coercion.
(d) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(e) RCW 9.61.230, Telephone harassment.
(f) RCW 9.61.240, Telephone harassment--Permitting telephone to be used.
(g) RCW 9.61.250, Telephone harassment--Offenses, where deemed committed.
(h) RCW 10.99.020, Definitions.
(i) RCW 10.99.030, Law enforcement officers--Training, powers, duties--Domestic
violence reports.
(j) RCW 10.99.040, Duties of court--No-contact order.
(k) RCW 10.99.055, Enforcement of orders.
(l) RCW 10.99.060, Prosecutor's notice to victim--Description of available procedures.
(m) RCW 26.09.300, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
(n) RCW 26.10.220, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
Ordinance No. 2010-xxx 2
(o) RCW 26.44.067, Temporary restraining order or preliminary injunction--Contents--
Notice--Noncompliance--Defense--Penalty.
(p) RCW 26.50.010, Definitions.
(q) RCW 26.50.110, Order--Transmittal to law enforcement agency--Record in law
enforcement information system--Enforceability.
(r) RCW 26.50.120, Violation of order--Prosecuting attorney or attorney for
municipality may be requested to assist--costs and attorney's fee.
(s) RCW 26.50.140, Peace officers--immunity.
(t) RCW 9A.36.160, Failing to summon assistance.
(u) RCW 9A.36.161, Penalty
(v) RCW 9.61.260, Cyberstalking.
Section 2. Arlington Municipal Code Section 9.08.030 is amended to read as follows:
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.
Section 3. Arlington Municipal Code Section 9.16.080 is amended to read as follows:
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.150, Allowing minor on premises of live erotic performance-Penalty.
Ordinance No. 2010-xxx 3
Section 4. Arlington Municipal Code Section 9.20.030 is amended to read as follows:
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.
(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.
Section 5. Arlington Municipal Code Section 9.28.010 is amended to read as follows:
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:
(a) RCW 9A.56.010, Definitions.
(b) RCW 9A.56.020, Theft--Definition, defense.
(c) RCW 9A.56.050, Theft in third degree.
(d) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts.
(e) RCW 9A.56.096, Theft of rental property.
(f) RCW 9A.56.140, Possessing stolen property--Definition--Presumption.
(g) RCW 9A.56.170, Possessing stolen property in the third degree.
(h) RCW 9A.56.220, Theft of subscription television services.
(i) RCW 9A.56.230, Unlawful sale of subscription television services.
(j) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(k) RCW 9A.56.270, Shopping cart theft.
(l) RCW 9A.56.063, Making or possessing motor vehicle theft tools.
Section 6. Arlington Municipal Code Section 9.28.020 is amended to read as follows:
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:
(a) RCW 9A.48.090, Malicious mischief in the third degree.
(b) RCW 9A.48.100(l), Malicious mischief--"Physical damage" defined.
(c) RCW 9A.56.180, Obscuring identity of a machine.
(d) RCW 9A.48.105, Criminal street gang tagging and graffiti.
Ordinance No. 2010-xxx 4
Section 7. Arlington Municipal Code Section 9.28.040 is amended as follows:
9.28.040 Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing
to leave public property, violations, when — Penalty.
(b) RCW 28A.635.030, Disturbing school, school activities or meetings — Penalty.
(c) RCW 28A.635.090, Interference by force or violence — Penalty.
(d) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful — Penalty.
Section 8. Arlington Municipal Code Section 9.32.010 is amended to read as follows:
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.60.045, 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.
Section 9. Arlington Municipal Code Section 9.36.030 is amended to read as follows:
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:
(a) RCW 9.69.100, Duty of witness of offense against child or any violent offense--
Penalty.
(b) RCW 9A.72.010, Definitions.
(c) RCW 9A.72.040, False swearing.
(d) RCW 9A.72.060, Perjury and false swearing--Retraction.
(e) RCW 9A.72.070, Perjury and false swearing--Irregularities no defense.
(f) RCW 9A.72.080, Statement of what one does not know to be true.
Ordinance No. 2010-xxx 5
(g) RCW 9A.72.140, Jury tampering.
(h) RCW 9A.72.150, Tampering with physical evidence.
(i) RCW 9A.76.010, Definitions.
(j) RCW 9A.76.020, Obstructing a law enforcement officer.
(k) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(l) RCW 9A.76.040, Resisting arrest.
(m) RCW 9A.76.050, Rendering criminal assistance--Definition of terms.
(n) RCW 9A.76.060, Relative defined.
(o) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(p) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(q) RCW 9A.76.100, Compounding.
(r) RCW 9A.76.160, Introducing contraband in the third degree.
(s) RCW 9A.76.170(1),(2), 3(d), Bail jumping.
(t) RCW 9A.84.030, Disorderly conduct.
(u) RCW 9A.84.040, False reporting.
Section 10. Arlington Municipal Code Section 9.40.010 is amended to read as follows:
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)(14), 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.
Section 11. Arlington Municipal Code Section 9.40.100 is amended to read as follows:
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.
Section 12. Arlington Municipal Code Section 9.44.010 is amended to read as follows:
9.44.010 Adoption of statutes.
Ordinance No. 2010-xxx 6
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.
(aa) RCW 66.44.300, Treating minor, etc, in public place where liquor sold.
(bb) RCW 66.44.310, Minor frequenting off limits area -Misrepresentation of age-
Penalty-Classification of licenses.
(cc) RCW 66.44.325, Unlawful transfer to a minor of an identification of age.
(dd) RCW 66.44.328, Preparation or acquisition and supply to persons under age 21-one
of facsimile or official identification card-Penalty.
(ee) 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.
(ff) 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.
Ordinance No. 2010-xxx 7
(gg) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
Section 13. Arlington Municipal Code Section 9.44.030 is repealed in its entirety.
Section 14. Arlington Municipal Code Section 9.48.010 is amended to read as follows:
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 9.41.170, Alien's license to carry firearms-Exception.
(i) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons.
(j) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one.
(k) RCW 9.41.250, Dangerous weapons-Penalty.
(l) RCW 9.41.260, Dangerous exhibitions.
(m) RCW 9.41.270, Weapons apparently capable of producing bodily harm-Unlawful
carrying or handling-Penalty-Exceptions.
(n) RCW 9.41.280, Carrying dangerous weapons on school facilities-Penalty-
Exceptions.
Section 15. Arlington Municipal Code Section 9.48.030 is amended as follows:
9.48.030 Weapons prohibited on liquor sale premises.
It is a misdemeanor for anyone, on or in any premises classified by the state liquor board
as off-limits to persons under twenty-one years of age to:
(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 nunchuk sticks, or any like
device having the same or similar components or parts, whether or not connected by a
rope, chain or other device, or any explosive or any poison or injurious gas, or any other
instrument or weapon apparently capable of producing bodily harm, whether such
instrument or weapon is concealed or not.
The provisions of subsection (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
Ordinance No. 2010-xxx 8
(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.
Section 16. Arlington Municipal Code Section 9.48.040 is repealed in its entirety.
Section 17. Arlington Municipal Code Section 9.52.010 is amended to read as follows:
9.52.010 Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.91.010, Denial of civil rights--Terms defined.
(b) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
(c) RCW 9.91.025, Unlawful bus conduct.
(d) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(e) RCW 9.03.020, Permitting unused equipment to remain on premises.
(f) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(g) RCW 9.03.040, Keeping or storing equipment for sale.
(h) RCW 9.46.196, Cheating--Defined.
(i) RCW 9.46.1962, Cheating in the second degree.
(j) RCW 16.52.011, Definitions--Principles of liability.
(k) RCW 16.52.080, Transporting or confining in unsafe manner--Penalty.
(l) RCW 16.52.085, Removal of animals for feeding--Examination--Notice--Euthanasia.
(m) RCW 16.52.095, Cutting ears--Misdemeanor.
(n) RCW 16.52.100, Confinement without food and water--Intervention by others.
(o) RCW 16.52.110, Old or diseased animals at large.
(p) RCW 16.52.117, Animal fighting--Owners, trainers, spectators--Exceptions.
(q) RCW 16.52.165, Punishment--Conviction of misdemeanor.
(r) RCW 16.52.180, Limitations on application of chapter.
(s) RCW 16.52.185, Exclusions from chapter.
(t) RCW 16.52.190, Poisoning animals.
(u) RCW 16.52.193, Poisoning animals--Strychnine sales--Records--Report on
suspected purchases.
(v) RCW 16.52.200, Sentences--Forfeiture of animals--Liability for costs--Civil
penalty--Education, counseling.
(w) RCW 16.52.207, Animal cruelty in the second degree.
(x) RCW 16.52.015, Enforcement – Law Enforcement agencies and animal care and
control agencies.
Ordinance No. 2010-xxx 9
Section 18. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 19. Effective Date. A summary of this Ordinance consisting of
its title shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney