Title 9
PUBLIC PEACE, SAFETY AND MORALS
Chapters:
9.04 Statutory Provisions Adopted by Reference
9.08 Controlled Substances
9.09 Discharge of Firearms
9.10 Forfeited Firearms
9.12 Disorderly Conduct
9.14 Public Disturbance Noises
9.16 Sale and Discharge of Fireworks
9.20 Gambling
9.30 Park Code of Conduct
9.68 Liquor Violations
9.72 Failure to Appear in Court
9.74 Tobacco to Minors
STATUTORY PROVISIONS ADOPTED BY REFERENCE
Sections:
9.04.010 Provisions on crimes and punishments designated.
9.04.011 Provisions on criminal code designated.
9.04.012 Copies on file.
9.04.010 Provisions on crimes and punishments designated.
The following chapters and sections of RCW Title 9, are adopted as the ordinance law of the city: 9.03, 9.04.010, 9.04.040, 9.04.050, 9.04.070, 9.04.080, 9.04.090, 9.05.010, 9.05.040, 9.08.030, 9.08.065, 9.08.070--para (1)a, b, c, d, (2)a, b, (5), (6), 9.12, 9.16, 9.18, 9.24.010, 9.24.040, 9.26A.090, 9.26A.100, 9.26A.110 (1)a, 9.26A.120, 9.26A.130, 9.26A.900, 9.27, 9.31.090, 9.38, 9.40.040, 9.40.100(1), 9.40.110, 9.40.130, 9.41.010, 9.41.047, 9.41.050, 9.41.060, 9.41.070, 9.41.075, 9.41.090, 9.41.094, 9.41.097, 9.41.0975, 9.41.098, 9.41.100, 9.41.110, 9.41.120, 9.41.122, 9.41.124, 9.41.129, 9.41.135, 9.41.140, 9.41.185, 9.41.220, 9.41.230, 9.41.240, 9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.41.300, 9.41.320, 9.41.800, 9.41.810, 9.44, 9.45.060, 9.45.062, 9.45.070, 9.45.080, 9.45.090, 9.45.100, 9.46.010, 9.46.0201, 9.46.0205, 9.46.0209, 9.46.0213, 9.46.0217, 9.46.0221, 9.46.0225, 9.46.0229, 9.46.0233, 9.46.0237, 9.46.0241, 9.46.0245, 9.46.0249, 9.46.0253, 9.46.0257, 9.46.0261, 9.46.0265, 9.46.0269, 9.46.0273, 9.46.0277, 9.46.0281, 9.46.0285, 9.46.0289, 9.46.0305, 9.46.0311, 9.46.0315, 9.46.0321, 9.46.0325, 9.46.0331, 9.46.0335, 9.46.0341, 9.46.0345, 9.46.0351, 9.46.0355, 9.46.0361, 9.46.071, 9.46.110, 9.46.113, 9.46.116, 9.46.120, 9.46.130, 9.46.140, 9.46.150, 9.46.153, 9.46.158, 9.46.170, 9.46.185, 9.46.190, 9.46.192, 9.46.193, 9.46.195, 9.46.196, 9.46.198, 9.46.217, 9.46.222, 9.46.225, 9.46.240, 9.46.250, 9.46.260, 9.46.293, 9.46.350, 9.46.900, 9.46.901, 9.46.902, 9.46.903, 9.47A, 9.51, 9.58, 9.61.190, 9.61.200, 9.61.230(1) (2) (3), 9.61.240, 9.61.250, 9.62.010(2), 9.62.020, 9.66, 9.68.015, 9.68.030, 9.68.050, 9.68.060(1) (2) (3)a, b, c, d, (i)(ii), 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120, 9.68.130, 9.68A.080, 9.68A.110(2), 9.68A.120, 9.68A.130, 9.68A.140, 9.68A.150, 9.68A.160, 9.68A.910, 9.68A.911, 9.69, 9.72, 9.73, 9.86, 9.91.010, 9.91.020, 9.91.025, 9.91.060, 9.91.110, 9.91.130, 9.91.140(1) (2), 9.91.150, 9.91.160, 9.92.005, 9.92.020, 9.92.030, 9.92.040, 9.92.060, 9.92.070, 9.92.130, 9.92.151, 9.92.200.
(Ord. 908 § 1, 1995: Ord. 601 § 1, 1977: Ord. 563 § 2, 1975).
9.04.011 Provisions on criminal code designated.
The following chapters and sections of RCW Title 9A, are adopted as the ordinance law of the city: 9A.04.010, 9A.04.020, 9A.04.030, 9A.04.040, 9A.04.050, 9A.04.060, 9A.04.070, 9A.04.080(1)h, i, (2) (3), 9A.04.090, 9A.04.100, 9A.04.110, 9A.08, 9A.12, 9A.16.010, 9A.16.020, 9A.16.040, 9A.16.060, 9A.16.070, 9A.16.080, 9A.16.090, 9A.16.100, 9A.16.110, 9A.20.010(2), 9A.20.020(2) (3) (4), 9A.20.021(2) (3), 9A.20.030, 9A.28.020(1) (2) (3)d, e, 9A.28.030, 9A.28.040 (1) (2) (3)d, e, 9A.36.041, 9A.36.050, 9A.36.070, 9A.40.010, 9A.40.070, 9A.40.080, 9A.44.010, 9A.44.020, 9A.44.030(1) (2) (3)h, 9A.44.096, 9A.44.120, 9A.44.130, 9A.44.150, 9A.44.900, 9A.44.901, 9A.44.902, 9A.44.903, 9A.46.010, 9A.46.020, 9A.46.030, 9A.46.040, 9A.46.050, 9A.46.060(1) (2) (3) (8) (9) (12) (15) (16) (19) (33) (35), 9A.46.070, 9A.46.080, 9A.46.090, 9A.46.100, 9A.46.110, 9A.46.900, 9A.46.905, 9A.46.910, 9A.48.010, 9A.48.050, 9A.48.060, 9A.48.090, 9A.48.100, 9A.50, 9A.52.010, 9A.52.070, 9A.52.080, 9A.52.090, 9A.52.100, 9A.52.120, 9A.52.130, 9A.56.010, 9A.56.020, 9A.56.050, 9A.56.060(1) (2) (3) (5), 9A.56.100, 9A.56.140, 9A.56.170, 9A.56.180, 9A.56.220, 9A.56.230, 9A.56.240, 9A.56.260, 9A.56.270, 9A.60.010, 9A.60.040, 9A.60.050, 9A.61.010, 9A.61.020, 9A.61.050, 9A.61.060, 9A.61.070, 9A.72.010, 9A.72.040, 9A.72.050, 9A.72.060, 9A.72.070, 9A.72.080, 9A.72.085, 9A.72.140, 9A.72.150, 9A.76.010, 9A.76.020, 9A.76.030, 9A.76.040, 9A.76.050, 9A.76.060, 9A.76.070, 9A.76.080, 9A.76.090, 9A.76.100, 9A.76.130, 9A.76.160, 9A.76.170(1) (2)d, 9A.80, 9A.84.010(1) (2)b, 9A.84.020, 9A.84.030, 9A.80.040, 9A.88.010, 9A.88.030, 9A.88.050, 9A.80.060, 9A.88.090, 9A.88.110.
(Ord. 908 § 2, 1995: Ord. 715 § 1, 1985: Ord. 601 § 2, 1977).
9.04.012 Copies on file.
No less than three copies of the chapters and sections of RCW Titles 9 and 9A adopted by reference in Sections 9.04.010 and 9.04.011 shall be retained on file at all times in the office of the clerk-treasurer of the city.
(Ord. 601 § 3, 1977).
CONTROLLED SUBSTANCES
Sections:
9.08.010 Provisions of the State Controlled Substances Act adopted.
9.08.020 Copies on file.
9.08.010 Provisions of the State Controlled Substances Act adopted.
The following sections of the RCW Chapter 69.50, commonly known as the Uniform Controlled Substances Act, are adopted as the ordinance law of the city: 69.50.401(a)(i)(ii)(e), 69.50.404, 69.50.405, 69.50.412, 69.50.425, 69.50.500, 69.50.505, 69.50.506, 69.50.507, 69.50.509, 69.50.601, 69.50.602, 69.50.603, 69.50.604, 69.50.605, 69.50.606, 69.50.607, 69.50.608, 69.50.609.
(Ord. 908 § 5, 1995: Ord. 594 § 1, 1977).
9.08.020 Copies on file.
Five copies of said RCW Chapter 69.50 shall be maintained on file in the office of the clerk-treasurer of the city.
(Ord. 594 § 2, 1977).
DISCHARGE OF FIREARMS
Sections:
9.09.010 Discharge of firearms prohibited.
9.09.020 Penalty.
9.09.010 Discharge of firearms prohibited.
It is unlawful within the city for any person to discharge any firearm within three hundred feet of any residence, barn, garage, or outbuilding, or where there is reasonable likelihood of injury to humans, domestic animals or property, except upon a rifle or pistol firing range which has been issued a business license by the city for such purpose, provided that this prohibition does not apply to the discharge of firearms by law enforcement officers engaged in the performance of their official powers of duties.
(Ord. 1053 § 1 (part), 2000).
9.09.020 Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine not to exceed one thousand dollars, or by imprisonment in jail for a term not exceeding ninety days, or by both such fine and imprisonment.
(Ord. 1053 § 1 (part), 2000).
FORFEITED FIREARMS
Sections:
9.10.010 Disposition of forfeited firearms.
9.10.020 Auction.
9.10.010 Disposition of forfeited firearms.
Any firearms seized by the Kalama police department which are later determined to be judicially forfeited pursuant to the provision of 9.41.098 RCW, shall be disposed of as follows:
A. If the forfeited weapon is an illegal weapon under the law in the state of Washington, or under the Kalama Municipal Code, it shall be destroyed.
B. If the forfeited weapon is one used by the Kalama police department, or one which could be used by the Kalama police, and it is in good working condition, the Kalama police department may retain the weapon for its own use.
C. If the forfeited weapon is neither illegal nor useful to the Kalama police department, the department shall be allowed to trade the forfeited weapon for a weapon, weapons or equipment which can be used by the department.
D. If the forfeited weapon is neither illegal, useful to the department, nor capable of being traded, it shall be auctioned at a public auction and the proceeds applied to the Kalama police department training fund.
(Ord. 971 § 2 (part), 1997).
9.10.020 Auction.
A. A public auction will be held once a year for all firearms forfeited during the year and not disposed of pursuant to Kalama Municipal Code Sections 9.10.010(A), (B) or (C). The auction will be held on the first Friday in May at ten a.m. at the offices of the Kalama police department.
B. A public notice of the auction will be published in a newspaper of general circulation at least seven days prior to the auction.
C. Sales at the auction will be to the highest bidder and will be by cash only.
(Ord. 971 § 2 (part), 1997).
DISORDERLY CONDUCT
Sections:
9.12.010 Disorderly conduct--Defined.
9.12.010 Disorderly conduct--Defined.
It shall be unlawful for any person to disturb or endanger the public peace or decency by any disorderly conduct.
The following acts, among others, are declared to be disorderly conduct:
A. Use of obscene, abusive or profane language in a public or private place in a manner which incites or tends to incite a breach of the peace, or which disturbs the public peace or decency;
B. Making any threats of violence to or against any other person;
C. Lying, sitting, kneeling, leaning or standing in a public place in such a manner as to willfully impede, hinder, delay or obstruct other persons lawfully using such place for its intended use. The term "public place" for purposes of this section shall be deemed and construed to include every public building, sidewalk, parking strip, public way, public park, public or private school, apartment house hallways, doorways and interiors of other commercial buildings to which the general public, having lawful business therein, is freely admitted; provided, however, this subsection shall not apply to injured persons or public officials, including police officers, who are performing their lawful duties;
D. The operation of a motor vehicle within the city in a manner than disturbs the public peace and tranquility, whether by excessive speed, excessive noise, or by other operation manifesting disregard for reasonable safety precautions;
E. Making any indecent exposure of the person;
F. Any noisy or riotous conduct, either in a public or private place which causes a disturbance of the public peace and tranquility including, but not limited to, any person who screams, shouts, yells or gives commonly known offensive signs or plays musical instruments in a manner calculated to divert the attention of a motor vehicle operator to such person or that reasonably causes alarm for the safety of any person, persons or property in the vicinity; provided, however, that this subsection shall not apply to any parent or parents seeking to gain the attention of their child or children by screams, shouts or yells, or to any act expressly permitted by city ordinance or state law, or to any act of a public official, including police officers, while engaged in performing their lawful duties;
G. Engaging in, promoting, encouraging, aiding or abetting any fight, riot or noisy and disorderly proceeding on any street or public place or in any private building or dwelling when persons residing in the vicinity are disturbed;
H. Assault and battery upon any person on any street or public place, or in any private building or dwelling when persons residing in the vicinity are disturbed;
I. For any person by means or use of the telephone to disturb, or tend to disturb, the peace, quiet or right of privacy of any other person or family by repeated and continuous anonymous or identified telephone messages intended to harass or disturb the person or family to whom the call is directed; or by a single call or repeated calls, to use obscene, profane, indecent or offensive language, or suggest any lewd or lascivious act over or through a telephone in this city; or to attempt to extort money or other thing of value from any person or family by means or use of the telephone or to threaten any physical violence or harm to any person or family; or to repeatedly and continuously ring the telephone of any person or family with intent to disturb or harass them; provided, however, that the normal use of the telephone for the purpose of requesting payment of debts or obligations, or for other legitimate business purposes shall not constitute disorderly conduct;
J. Intentionally disrupting any lawful assembly or meeting of persons without lawful authority;
K. Intentionally obstructing vehicular or pedestrian traffic without lawful authority.
(Ord. 715 § 2, 1985).
PUBLIC DISTURBANCE NOISES
Sections:
9.14.010 Finding and declaration of necessity.
9.14.020 Public disturbance noises--Prohibited.
9.14.030 Exemptions.
9.14.040 Violation.
9.14.010 Finding and declaration of necessity.
The making, creation or maintenance of excessive, unnecessary or unusual loud noises which are prolonged and unusual in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the people of the city of Kalama. The necessity in the public interest for the provisions, controls and prohibitions of this chapter is declared to be a matter of legislative determination and public policy; and it is further declared that the provisions, controls and prohibitions of this section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city of Kalama and its inhabitants.
(Ord. No. 1270, § 1, 3-2-2011)
9.14.020 Public disturbance noises--Prohibited.
A. A public disturbance noise is any sound which unreasonably either annoys, injures, interferes with or endangers the peace, comfort, tranquility, sleep or repose, health or safety of a community or neighborhood, although the extent of the damage or interference may be unequal. The content of the sound will not be considered in determining a violation of this chapter. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.
B. The following sounds are declared to be public disturbance noises for the purposes of this section:
1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;
2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine, including hobby vehicles and aircraft, within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;
3. Yelling, shouting, hooting, whistling or singing on or near the public streets, at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; particularly between the hours of ten p.m. and seven a.m.
4. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions, live musical entertainment, or social gatherings so as to be plainly audible at a distance of seventy-five feet from the building, structure, apartment, condominium, or other location from where the sound originates;
5. Sound from any motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at volumes so as to be audible greater than fifty feet from the vehicle itself;
6. Sound from portable audio equipment, such as tape players, portable sound amplifiers, radios and compact disc players, or operated at a volume so as to be audible greater than fifty feet from the source;
7. Sound resulting from the squealing or screeching or such other sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking, or excessive speed around corners or because of such other reasons; provided that sounds which result from actions which are necessary to avoid danger or are emergent in nature shall be exempt from this section;
8. The frequent, repetitive or continuous sounds in connection with the keeping of birds or any animal, so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property;
9. Noises emanating from construction activities other than between the hours of seven a.m. and eight p.m. on weekdays other than holidays or between nine a.m. and six p.m. on weekends and holidays except in the case of urgent necessity in the interest of public health and safety.
a. For purposes of this section, "construction activities" shall mean clearing, grading, excavating, and filling; road and utility construction and all activities of a similar nature; and the construction of buildings and structures. This shall include but not be limited to noises emanating from vehicles and mechanized equipment used in conjunction with construction activities, regardless of whether actively engaged in construction activities, including noises emanating from the transport, idling or warming up of such vehicles and mechanized equipment.
10. The use of compression ("jake") brakes within the city limits is prohibited, except in the event of an emergency to protect persons and/or property. This section shall not apply to emergency vehicles whether or not responding to an emergency.
C. With respect to any business premises, the person in charge or control of such business shall be responsible for any public disturbance noise emanating there from.
D. The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace.
(Ord. No. 1270, § 1, 3-2-2011)
9.14.030 Exemptions.
A. The foregoing provisions shall not apply to regularly scheduled events held at parks, schools, or other public property, such as public address systems for sporting events, concerts or community events.
B. Businesses operating on their own premises within in the commercial areas of the city and within the confines of the licensed activities of said business, including musical entertainment between the hours of ten a.m. and twelve midnight.
(Ord. No. 1270, § 1, 3-2-2011)
9.14.040 Violation.
Any person who violates the provisions of this section shall be subject to a civil infraction, subject to a penalty of not less than two hundred fifty dollars for the first offense. For any second or subsequent offense occurring within a twelve-month period, the person shall be guilty of a misdemeanor.
(Ord. No. 1270, § 1, 3-2-2011)
SALE AND DISCHARGE OF FIREWORKS
Sections:
9.16.005 Definitions.
9.16.010 Use prohibited.
9.16.015 Permit required--Fee.
9.16.020 Sale prohibited.
9.16.030 Dates and hours of sale and discharge.
9.16.050 Public display.
9.16.080 Violation--Penalty.
9.16.005 Definitions.
"Consumer fireworks" mean any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing fifty milligram or less of explosive materials, and aerial devices containing one hundred thirty milligram or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and not including fused setpieces containing components which together exceed fifty milligram of salute powder.
"Illegal consumer fireworks" mean consumer fireworks that cannot be sold to the public pursuant to RCW 70.77.401 or consumer fireworks not approved for sale to the public under WAC 212-17-198.
"Legal consumer fireworks" mean consumer fireworks not prohibited for sale to the public pursuant to RCW 70.77.401 and that may be sold to the public under WAC 212-17-198.
(Ord. 1168 § 2 (part), 2005).
9.16.010 Use prohibited.
The discharge, firing or use of all illegal fireworks within the city is prohibited; provided, however, that the city council may permit the public display of such fireworks in the city in compliance with KMC Section 9.16.050.
(Ord. 1168 § 2 (part), 2005).
9.16.015 Permit required--Fee.
No person or dealer shall engage in the sale of legal consumer fireworks without first obtaining an annual permit therefor from the office of the city clerk-treasurer. No permit will be issued unless the applicant has obtained a Washington State Fireworks Stand License and provides proof of insurance as required under Section 9.16.050(H) of this chapter. The permit fee shall be as established by resolution of the city council. The sale of such fireworks shall be regulated by state law and city ordinances.
(Ord. 1168 § 2 (part), 2005).
9.16.020 Sale prohibited.
It is unlawful for any person or dealer therein to sell, expose or offer for sale or in any manner furnish or dispose of to any person in the city, any of the explosives, firecrackers or fireworks the use of which is prohibited by Section 9.16.010 of this chapter.
(Ord. 1168 § 2 (part), 2005).
9.16.030 Dates and hours of sale and discharge.
A. The sale of any fireworks within the city limits of the city of Kalama may be conducted from twelve noon on June 28th through nine p.m. July 5th; and from twelve noon December 28th through eleven p.m. December 31st. Sales may begin at noon on June 28th until eleven p.m.; and be conducted from nine a.m. until eleven p.m. daily from June 29th through July 4th and from nine a.m. until nine p.m. on July 5th. Sales in December may be conducted daily from noon until eleven p.m.
B. Fireworks may only be discharged within the city of Kalama from noon until eleven p.m. on June 28th and between the hours of nine a.m. and eleven p.m. for the period of June 29th through July 4th; and between the hours of nine a.m. and nine p.m. on July 5th; and between the hours of six p.m. on December 31st until one a.m. on January 1st.
(Ord. 1168 § 2 (part), 2005).
9.16.050 Public display.
Public display of fireworks shall be in accordance with RCW 70.77 and WAC 212.17 and the following:
A permit will be required for all public displays of fireworks. Any person desiring to put on a public display of fireworks shall apply in writing to the city for a permit at least thirty days in advance of the proposed display. The applicant shall submit information and evidence concerning the following:
A. The name of the organization sponsoring the display, if other than the applicant;
B. The date the display will be held;
C. The exact location of the display;
D. The name and license number of the pyrotechnic operator who is to supervise discharge of the fireworks, and the name of at least one experienced assistant;
E. The number of set pieces, shells (specify single or multiple break), and other items;
F. The manner and place of storage of such fireworks prior to the display;
G. A diagram of the ground on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction;
H. Applicant shall procure and maintain public liability insurance with limits not less than one million dollars for general liability insurance, not less than one million dollars for bodily injury liability for each person and event, respectively, and not less than five hundred thousand dollars property damage insurance for each event. Such general liability policy shall name the city as an additional assured and shall contain a provision that it will not be canceled or reduced without thirty days advance written notice to the city;
I. The applicant will also procure a State Fire Marshal's general license for the public display of fireworks.
(Ord. 1168 § 2 (part), 2005).
9.16.080 Violation--Penalty.
Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment.
(Ord. 1168 § 2 (part), 2005).
GAMBLING
Sections:
9.20.010 Provisions on gambling designated.
9.20.030 Tax--Levy.
9.20.040 Tax--Administration and collection.
9.20.050 Tax--Filing requirements of persons conducting gambling activities.
9.20.060 Tax--Payments due and payable when.
9.20.065 Failure to pay gambling taxes.
9.20.070 Tax--Failure to make returns or evasion of payment prohibited.
9.20.080 Financial records to be available for inspection.
9.20.090 Violation--Penalty.
9.20.010 Provisions on gambling designated.
The following chapters and the sections of RCW Title 9, are adopted as the ordinance law of the city: 9.46.0201, 9.46.0205, 9.46.0209, 9.46.0213, 9.46.0217, 9.46.0221, 9.46.0225, 9.46.0229, 9.46.0233, 9.46.0237, 9.46.0241, 9.46.0245, 9.46.0249, 9.46.0253, 9.46.0257, 9.46.0261, 9.46.0265, 9.46.0269, 9.46.0273, 9.46.0277, 9.46.0281, 9.46.0285, 9.46.0289, 9.46.0305, 9.46.0311, 9.46.0315, 9.46.0321, 9.46.0325, 9.46.0331, 9.46.0335, 9.46.0341, 9.46.0345, 9.46.0351, 9.46.0355, 9.46.0361, 9.46.071, 9.46.110, 9.46.113, 9.46.120, 9.46.130, 9.46.140, 9.46.150, 9.46.153, 9.46.158, 9.46.170, 9.46.185, 9.46.190, 9.46.192, 9.46.193, 9.46.195, 9.46.196, 9.46.198, 9.46.200, 9.46.210(1) (2), 9.46.217, 9.46.222, 9.46.225, 9.46.231, 9.46.235, 9.46.240, 9.46.250, 9.46.260, 9.46.270, 9.46.285, 9.46.291, 9.46.293, 9.46.295, 9.46.300, 9.46.310, 9.46.350, 9.46.900, 9.46.901, 9.46.902, 9.46.903.
(Ord. 908 § 6, 1995: Ord. 638 § 9, 1979).
9.20.030 Tax--Levy.
In accordance with RCW Chapter 9.46, as now enacted and as hereafter amended or otherwise modified, there is levied upon and there shall be collected from, every person, association and organization which has been or who shall hereafter by duly licensed by the Washington State Gambling Commission to conduct or engage in the following activities within the city, a tax, as hereinafter set forth:
A. As to any bingo games and raffles, a tax equal to five percent of the gross revenue received therefrom, less the amount paid for or as prizes;
B. As to any punchboards or pulltabs, a tax equal to five percent of the gross receipts received therefrom;
C. As to all social and public cardrooms, a tax equal to twenty percent of the gross revenue received therefrom;
D. Exempted from this section are those certain charitable activities and nonprofit organizations as defined in RCW Title 9, Sections 9.46.0209 and 9.46.110.
(Ord. 1063 § 1, 2001; Ord. 908 §§ 8, 9, 1995; Ord. 638 § 2, 1979).
9.20.040 Tax--Administration and collection.
The administration and collection of the taxes imposed by this chapter shall be by the city in accordance with the provisions of RCW Chapter 9.46, and the rules and regulations promulgated thereunder by the Washington State Gambling Commission, and in accordance with such rules and regulations hereafter established by resolution of the city council.
(Ord. 638 § 3, 1979).
9.20.050 Tax--Filing requirements of persons conducting gambling activities.
A. For the purpose of identifying who shall be subject to the taxes imposed by this chapter, any person, association or organization, conducting or intending to conduct or operate any gambling activity authorized by RCW Chapter 9.46, shall, prior to the commencement of any such activity, file with the clerk-treasurer of the city a sworn declaration of intent to conduct or operate such activity, together with a copy of the license issued in accordance with said laws of Washington.
B. Thereafter, for any period covered by such state license or any renewal thereof, a person, association or organization shall, on or before the fifteenth day of the month, following the end of the calendar quarterly period in which the tax accrued, file with the clerk-treasurer of the city a sworn statement, on a form to be provided and prescribed by the clerk-treasurer for the purposes of ascertaining the tax due for the preceding calendar quarterly period.
(Ord. 638 § 4, 1979).
9.20.060 Tax--Payments due and payable when.
A. The taxes imposed by this chapter shall be due and payable in calendar quarterly installments, and remittance therefor shall accompany each return and be made on or before the fifteenth day of the month next succeeding the calendar quarterly period in which the tax accrued.
B. For any payment due, if such payment is not made by the due date thereof, there shall be added a penalty as follows:
1. If paid on or before the final day of the month text succeeding the quarterly period in which the tax accrued, a sum equal to ten percent of the tax due, but not less than five dollars;
2. If paid prior to the fifteenth day of the second month next succeeding the quarterly period in which the tax accrued, a sum equal to fifteen percent of the tax due, but not less than ten dollars;
3. Failure to make payment by the fifteenth day of the second month next succeeding the quarterly period in which the tax accrued shall be deemed to be both a criminal and civil violation of this section.
(Ord. 638 § 5, 1979).
9.20.065 Failure to pay gambling taxes.
A. Any person, association, or organization that becomes ninety days delinquent in payment of gambling taxes shall be subject to the revocation of their city business license by the city.
B. In the event that gambling taxes are not paid within ninety days after the original due date together with penalties and interest, the city clerk-treasurer or designee shall in accordance with the provisions of WAC 230-04-400(3) report such nonpayment to the Washington State gambling commission, together with a request that the gambling license of such license be revoked in accordance with WAC 230-040-405.
(Ord. 1063 § 2, 2001).
9.20.070 Tax--Failure to make returns or evasion of payment prohibited.
It is unlawful for any person, association or organization liable for the tax under this chapter to fail or refuse to make the returns as and when required or to pay the tax when due, or for a person to make any false or fraudulent return or any false statement or representation in, or in connection with, any such return, or to aid or abet another in any attempt to evade payment of the tax or any portion thereof.
(Ord. 683 § 6, 1979).
9.20.080 Financial records to be available for inspection.
It shall be the responsibility of all officers, directors and managers of any association or organization conducting any gambling activities subject to taxation under this chapter to make available at all reasonable times such financial records as the clerk-treasurer of the city may require in order to determine full compliance with this chapter.
(Ord. 638 § 8, 1979).
9.20.090 Violation--Penalty.
Any person, association or organization violating or failing to comply with any provisions of this chapter or any lawful rule or regulations adopted pursuant to this chapter, unless otherwise provided for in Section 9.20.010, shall be guilty of a gross misdemeanor, punishable by a fine and/or a jail sentence in accordance with Chapter 1.12 of this code.
(Ord. 908 § 10, 1995: Ord. 638 § 7, 1979).
PARK CODE OF CONDUCT
Sections:
9.30.010 Definitions.
9.30.020 Rules and regulations in force.
9.30.090 Violation--Penalty.
9.30.010 Definitions.
"Loitering" means to hang around idly or to wander aimlessly from place to place with no apparent reason or purpose.
"Public Parks" as used in this chapter, means and includes all the properties owned and controlled by the city and operated as parks available for the use of the public.
(Ord. 1103 § 1, 2002).
9.30.020 Rules and regulations in force.
For conduct of persons using or frequenting city public parks, the following rules and regulations to be observed and enforced within the public parks are established:
A. All city parks are open for public use on a "first come, first served" basis from sunrise to sunset. Loitering in a public park after dark is prohibited.
B. All city ordinances shall apply to and be in full force and effect within the public parks of the city.
C. No person shall damage, deface, injure, or mutilate any building, installation, personal property, or piece of equipment in any public park, nor shall any person cut or remove any plant from any public park.
D. No person shall allow an animal to defecate in a public park, unless the owner or custodian of such animal shall immediately remove and properly dispose of the animal waste.
E. No person shall build any fire within a public park except in a stove or fireplace provided therefor.
F. No person shall dump or dispose of any household garbage in any public park.
G. No person shall litter, scatter, or dispose of any bottles, broken glass, waste, discard paper, liquid material of any kind in or around any part of any public park except in receptacles which are provided therefor.
H. The sale or consumption of alcoholic beverages is prohibited in city public parks unless under a special events permit.
I. Motorized vehicles are prohibited except for on existing developed right-of-way or parking areas.
(Ord. 1103 § 1, 2002).
9.30.090 Violation--Penalty.
A violation of any rules and regulations set out in this chapter is an infraction. A civil infraction penalty for violation of this chapter shall be not less than one hundred dollars nor more than five hundred dollars for each violation. Each violation shall constitute a separate infraction.
(Ord. 1103 § 1, 2002).
LIQUOR VIOLATIONS
Sections:
9.68.010 Minors appearing in public places after having consumed intoxicating liquor.
9.68.010 Minors appearing in public places after having consumed intoxicating liquor.
A. It is unlawful for any person under the age of twenty-one years to appear on the public streets of the city, or in any public place within the city or in any motor vehicle on a public street within the city after having consumed intoxicating liquor in violation of the provisions of this chapter, regardless of where consumption may have occurred; provided, that at the time of the appearance as aforesaid, evidence exists as to the consumption of intoxicating liquor.
B. Upon the first conviction for a violation of this section, the court shall impose a fine of not less than twenty-five dollars; provided, however, that the court may suspend all or any portion of such fine upon whatever terms and conditions may appear to the court to be proper; provided further, that if any person convicted of a violation of this section has been previously convicted of or forfeited bail for a violation of this section, the court shall impose a fine of not less than fifty dollars, and in the event such conviction constitutes such person's second or subsequent conviction for a violation of this section, no portion of the fine shall be suspended. The provisions of Section 1.12.020 of this code shall also apply to a second or subsequent conviction for a violation of this section.
C. For purposes of this section, the presence of the odor of intoxicating liquor, beer or wine on the breath of any person under the age of twenty-one years shall be prima facie evidence of consumption of intoxicating liquors, in violation of the provisions of this chapter. This provision shall not be construed as limiting the introduction of any other competent evidence of the consumption of intoxicating liquor in violation of this section.
(Ord. 715 § 3, 1988).
FAILURE TO APPEAR IN COURT
Sections:
9.72.010 Failure to appear in court--Defined.
9.72.020 Violation--Penalty.
9.72.010 Failure to appear in court--Defined.
Any person, having been called, summoned, subpoenaed, or otherwise lawfully ordered to personally appear before the municipal court of the city, who willfully fails to appear when so required by the court shall be guilty of a misdemeanor. Unless otherwise shown, failure to appear when required shall be presumed to be wilful.
(Ord. 908 § 13, 1995: Ord. 814 § 1, 1992).
9.72.020 Violation--Penalty.
Any person violating Section 9.72.010 shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed ninety days or by both such fine and imprisonment.
(Ord. 908 § 14, 1995: Ord. 814 § 2, 1992).
TOBACCO TO MINORS
Sections:
9.74.010 Possession of tobacco by minors.
9.74.010 Possession of tobacco by minors.
A person under the age of eighteen who purchases, uses or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under RCW Chapter 7.80 and is subject to a fine as set out in RCW Chapter 7.80 or participation in up to four hours of community service, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement or local health department activity.
(Ord. 999 § 2, 1998).