CITY OF

"Building materials" means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials.

"Compliance Officer" means the Mayor's designee.

"Correct" means to abate, repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such extent as the Compliance Officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.

"Health officer" means the director of the Grant County Health District or his designee.

"Premises" means any building, lot, parcel, real estate, or land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking lanes.

"Responsible person" means any agent, lessee or other person occupying or having charge or control of any premises.

"Graffiti" means the unauthorized defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye or other similar substances, or scratching or etching on public or private buildings, structures and places.

(Ord. 99-49 §1, 1999: Ord. 754 §1 (part), 1988).

9.10.020 Public nuisance--Defined. A public nuisance is any thing, act, failure to act, occupation or use of property which:

Annoys, injures or endangers the safety, health, comfort or repose of one or more persons; or
Offends public decency; or
Unlawfully interferes with, obstructs, tends to obstruct, or renders dangerous for passage, a public park, street, sidewalk, alley, highway or other public area; or
In any way renders one or more persons insecure in life or the use of property.

(Ord. 754 §1(part), 1988).

9.10.030 Nuisance--Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Compliance Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter:

A. The existence of any weeds, trash, dirt, filth and carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter;

B. Defective or overflowing septic or sewage systems, and the existence of any noxious, foul or putrid liquid or substance which poses a health hazard or creates a noxious odor;

C. Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects;

Accumulation of garbage, decaying vegetation, manure, dead animals or other noxious things in a street or alley, or on public or private property to an extent injurious to the public health (as determined by the Grant County Health District);

All other acts, failure to act, occupations, or use of property which is determined by the Health Officer to be a menace to the health of the public;

All limbs of trees which are less than seven feet above the surface of any public sidewalk, or twelve feet above the surface of any street;

All buildings, other structures, or portions thereof which have been damaged by fire, decay or have otherwise deteriorated so as to endanger the safety of the public;

All explosives, flammable liquids and other dangerous substances stored or used in any manner in violation of the Fire Code; Ed Note: Due to adoption of International Fire Code in Ord 04-, reference was changed from "Uniform Fire Code" to "Fire Code".

Making or causing to be made noises prohibited by the provisions of Chapter 9.11;

Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed or left, any filth, paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimmings and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch or public or private property of another in the City;

The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the City, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things:

Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing in this chapter shall prevent the temporary retention of waste in approved covered receptacles,
Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous,
Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises,
Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the City,
Any poison oak or poison ivy, Russian thistle or other noxious weeds, whether growing or otherwise; but nothing in this chapter shall prevent the temporary retention of such weeds in approved covered receptacles,
Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles,
Any trash, litter, rags, accumulations or empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard;

The permitting to remain outside any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling, or other structure, in a place accessible to children, any abandoned, unattended or discarded ice chest, refrigerator or other airtight container, which does not have the door, lid or other locking device removed;

Any pit, hole, basin or excavation which is unguarded or dangerous to life or has been abandoned, or is no longer used for the purpose constructed, or is maintained contrary to statutes, ordinances or regulations;

Any well or storage tank permitted to remain on any public or private property without being securely closed or barring any entrance or trapdoor thereto, or without filling or capping any well;

The repair or abandonment of any automobile, truck or other motor vehicle of any kind upon the public streets or alleys of the City;

The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public;

The existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, sidewalk or place, which is sagging, leaning, fallen, decayed or is otherwise dilapidated and creating an unsafe condition;

The existence of any vine, shrub or plant growing on, around, or in front of any fire hydrant, utility pole, utility box or any other appliance or facility provided for fire protection, public or private utility purposes in such a way as to obscure from view or impair access thereto;

The keeping or permitting the existence of morning glory, tack weed, Russian thistle or other noxious weed, as defined in RCW 17.10.080, growing or otherwise, which is a health or safety hazard to persons or property;

All grasses, weeds or other vegetation growing or which has grown and died, determined to be a fire or safety hazard or a nuisance to persons, shall not exceed ten inches in height measured above the ground except as follows;

Any parcel of land or contiguous segregated parcels of land which when combined represent a parcel larger than one acre in size, may comply with these requirements by providing a firebreak along that portion of the perimeter of the parcel which abuts developed property or an improved street. The firebreak shall be a minimum of twenty feet in width, within which all weeds and vegetation, except established trees, shall not exceed ten inches in height measured above the ground;
Any designated public park land, natural area or environmentally sensitive area, or any large undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes;

Any of the above exceptions may be waived and additional maintenance required by the Compliance Officer if he determines such action is necessary to protect the safety of persons or adjoining property. All maintenance shall be done in a manner so as to minimize disruption of soil stability;

The existence of any dead, diseased, infected or dying tree, shrub or other vegetation which may pose a danger to vegetation, crops, property or persons;

The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard;

The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material;

The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 9.10.010(1), whose retail cost new would exceed one hundred dollars, without a special permit from the Public Works Director; provided, that nothing herein shall:

Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion,
Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinances and other applicable laws,
Make lawful any such storage or keeping when it is prohibited by other ordinances or laws;

The existence on any premises of any unused and abandoned trailer, house trailer, automobile, boat or other vehicle or majors parts thereof;

The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron, steel, aluminum or other metal; inoperable junk vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property.

Any commercial establishment that sells or otherwise distributes books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction of specified sexual activities or specified anatomical areas, which fail to observe the following regulations:

All such items as are described above shall be physically segregated and closed off from other portions of the establishment such that these items are not visible and/or accessible from other portions of the store.
No advertising for such items shall be posted or otherwise visible, except where such items are authorized for display.
Signs readable at a distance of twenty feet shall be posted at the entrance to the area where such items are displayed stating that persons under the age of eighteen are not allowed access to the area where such items are displayed.
The manager or attendant shall take reasonable steps to monitor the area where such items are displayed to insure that persons under the age of eighteen years do not access the age-restricted area.
Rental or sale of obscene material (as defined by state law) or material harmful to minors (as defined by state law) to persons under the age of eighteen years is prohibited.
Employees of such establishments shall check identification of persons appearing to be eighteen years of age or under to insure that such items are not rented or sold to persons under the age of eighteen years.
The existence of any graffiti on public or private property.

The failure to maintain buildings or premises according to the standards established in Chapter 15.36.

(Ord. 05-155, §3; Ord. 99-49 §2, 1999: Ord. 97-05 §9, 1997: Ord. 754 §1(part), 1988).

9.10.040 Prohibited conduct.

It is unlawful for any responsible person or owner to permit, maintain, suffer, carry on or allow, upon any premises or in any lake, river, stream, drainage way or wetlands, any of the acts or things declared by this chapter to be a public nuisance.

It is unlawful for any person to create, maintain, carry on or do any other acts or things declared by this chapter to be a public nuisance.

(Ord. 754 §1(part), 1988).

9.10.050 Abatement--Notice. When the officer designated by the Mayor to ensure compliance with the City's codes determines that a public nuisance exists, shall notify the owner and/or responsible person of the existence of a public nuisance on any property and shall direct the owner or other responsible person to correct the public nuisance within ten days after issuance of such a notice. Such notice shall be a civil regulatory order, pursuant to Chapter 17.15 of the Quincy Municipal Code and shall be given in accordance with said Chapter 17.15. Otherwise, the procedure for, the abatement of, and the penalties for public nuisances shall be according to the procedure and terms for the enforcement of the Land Use Code, Chapter 17.15. (Ord. 99-49 §4, 1999).

9.10.090 Unlawful materials in alleys.

It is unlawful for a person, firm or corporation to deposit any debris, vegetation, lawn clippings, lumber piles, wood piles, auto parts or bodies, garbage and the like, or store any material of any kind except approved garbage or refuse containers in the alleys of the City.

The materials referred to in Section 9.10.090(A) shall be removed by the depositor. Failure to remove the materials within five days shall be an additional infraction and it shall be considered an addition infraction for each five-day period that a party fails to remove the material after having been notified of its existence.

(Ord. 754 §1(part), 1988). (Changes were made during codification for hyperlinking)

CHAPTER 9.11

NOISE CONTROL

Sections:

9.11.010 Declaration of policy--Findings of special conditions.

9.11.020 Definitions.

9.11.030 Motor vehicle noise--Specific prohibitions.

9.11.040 Public nuisances and disturbance noises.

9.11.050 Noises exempt--Completely or partially.

9.11.060 Noises exempt--Daylight hours.

9.11.070 Enforcement--Complaints.

9.11.080 Provisions not exclusive.

9.11.090 Violation.

9.11.010 Declaration of policy--Findings of special conditions.

Declaration of Policy. It is declared to be the policy of the City to minimize exposure of citizens to the harmful physiological and psychological effects of excessive noise. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment.

Findings.

Excessive noise is a form of pollution which has direct and harmful effects upon the health and welfare of persons exposed to such sounds, lowers the value of impacted properties and generally adversely affects the livability, peace and comfort of the impacted neighborhoods and the City as a whole.
Due primarily to the sound characteristics and manner of use, excessive noise from portable and motor vehicle audio equipment such as tape players, radios and compact disc players is a particularly disruptive form of noise pollution involving said harmful effects and impacts upon persons, property, neighborhoods, and occurring in or near vehicular traffic, such noise presents a danger to traffic safety.
Excessive noise from said audio equipment occurring within the City park system has a harmful impact upon the use and enjoyment of park areas by other park users, has the effect of discouraging many from utilizing certain park areas and has caused said noise pollution harmful effects upon adjacent private properties, persons and neighborhoods.
Noise from said audio equipment which can be clearly heard from seventy-five feet or more from the source of the sound is in excess of the maximum permissible sound level allowed to be generated or received in either residential or commercial areas of the City, involves excessive noise impacts, creates noise pollution with such area; and, when occurring in or near vehicular traffic, presents a danger to traffic safety.
Technology has allowed the proliferation of commercially accessible types of audio equipment, both portable and installed in motor vehicles, which can be amplified so as to produce excessive noise which can be clearly heard seventy-five feet or more from the source of the sound.
The City Council finds that excessive noise being generated from such equipment is a public nuisance and constitutes a public disturbance noise.

Findings of Special Conditions. The problem of noise in the City has been observed by the City Council and the City Staff and is documented by the complaints received and logged in the police department. On the basis of these observations and complaints, the City Council finds that special conditions exist within the City which make necessary any and all differences between this chapter and the regulations adopted by the Washington State Department of Ecology.

(Ord. 93-06 §1(part), 1993).

9.11.020 Definitions. All technical terminology used in this chapter not defined herein shall be interpreted in conformance with RCW Chapter 70.107 and WAC Chapter 173-60 as now in force or hereinafter amended. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below:

"Emergency work" means work made necessary to, restore property to a safe condition following a public calamity, work required to protect persons or property from imminent exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility service.

"Motorcycle" means any motor vehicle having a saddle for the use of the rider and designated to travel on not more than three wheels in contact with the ground, except farm tractors and such vehicles powered by engines of less than five horsepower.

"Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010.

"New motor vehicle" means a motor vehicle manufactured after December 31, 1975, the equitable or legal title of which has never been transferred to a person who in good faith, purchases the new motor vehicle for purposes other than resale.

"Noise" means the intensity, duration and character of sounds from any and all sources.

"Off-highway vehicle" means any self-propelled motor driven vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW 46.16.010

"Person" means any individual, firm, association, partnership, corporation or any other entity, public or private.

"Property boundary" means the survey line at ground surface, which separates the real property owned, rented, or leased by one or more persons from that owned, rented or leased by one or more other persons, and its vertical extension.

"Public nuisance noise" means any sound which unreasonably annoys, injures, interferes with, or endangers the comfort, repose, health or safety of three or more persons residing within separate residences in the same community or neighborhood, although the extent of the damage may be unequal. (Ord. 93-06 §1(part), 1993).

9.11.030 Motor vehicle noise--Specific prohibitions.

Mufflers. It is unlawful for any person to operate a motor vehicle upon the public highways which is not equipped with a muffler in good working order and in constant operation.

Tire Noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other sounds from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason provided that noise resulting from emergency braking to avoid imminent danger shall be exempt from this section.

(Ord. 93-06 §1(part), 1993).

9.11.040 Public nuisances and disturbance noises.

Exemptions. No sound source specifically exempted from this chapter shall be a public nuisance noise or public disturbance noise in so far as the particular source is exempted.

Public Nuisance Noises. It is unlawful for any person to cause or allow to be emitted a noise which has been determined to be a public nuisance noise as defined in this chapter.

Public Disturbance Noise. It is unlawful for any person to cause or any person in possession or control of property to allow to originate from the property, sound that is a public disturbance noise. The following sources of sound shall be public disturbance noises:

Frequent, repetitive, or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors. Such sounds made by animal shelters, commercial kennels, veterinary hospitals, pet shops or pet kennels licensed under and in compliance with this code shall be exempt from this subsection. Notwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigating officer, or if the animal is a repeat violator of this subsection, the animal shall be impounded by the Animal Control Officer or his designee, subject to redemption in the manner provided in Section 8.05.090;
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;
The creation of frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine in any residential zone so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;
The use of a sound amplifier or other device capable of producing or reproducing amplified sounds upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property or the contents therein, except as permitted by law, and except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection;
The making of any loud and raucous noise which unreasonably interferes with the use of any school, church, hospital, sanitarium, nursing or convalescent facility, or the peace, comfort and repose of the occupants therein;
The creation by use of a musical instrument, whistle, sound amplifier, stereo, jukebox, radio, television or other device capable of reproducing sound and raucous noises, which emanate frequently, repetitively or continuously from any building, structure or property, such as sounds originating from a band session, tavern operation or social gathering;
No person, whether or not that person is in actual possession of the noise source, shall create, continue or cause to be created or continued, or allow to be created or continued, any sound from a portable or motor vehicle audio system such as a tape player, radio or compact disc player, which is operated at such a volume so as to be audible at a distance of seventy-five feet or more from the source of the sound.

(Ord. 93-06 §1(part), 1993).

9.11.050 Noises exempt--Completely or partially.

The following noises are exempt from the provisions of this chapter at all times; provided, that nothing in these exemptions is intended to preclude the possible reduction of noise consistent with economic feasibility:

Noise originating from aircraft in flight, and sounds which originate at airports and are directly related to flight operations;
Noise created by safety and protective devices, such as relief valves where noise suppression would defeat the safety relief intent of the device;
Noise created by fire alarms, or noise created by emergency equipment, including but not limited to emergency standby or backup equipment, and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community, and including, but not limited to, any emergency work necessary to replace or repair essential utility services;
Noise created by auxiliary equipment on motor vehicles used for highway maintenance;
Noise originating from officially sanctioned parades, sporting events, and other public events;
Noise created by warning devices not operated continuously for more than thirty minutes per incident;
Noise created by natural phenomenon and unamplified human voices;
Noise created by motor vehicles, licensed or unlicensed when operated off public highways except when such sounds are received in residential zones of the City;
Noise created by existing stationary equipment used in the conveyance of water by utilities and noise created by existing electrical substations;
Noise created by sources in industrial districts which over the previous three years have consistently operated in excess of fifteen hours per day as a demonstrated routine or as a consequence of process necessity.

The following sources of noise are exempt or partially exempt from the provisions of this chapter. The scope of these exemptions may be increased upon the resolution of the City Council when it is necessary or in the best interest of the City to allow certain activities to take place for a limited period of time, with the noise associated with such activities:

Noise created by the operation of equipment of facilities of surface carriers engaged in commerce by railroad;
Noise created by aircraft;
Noise emanating from the temporary construction sites except between the hours of ten p.m. and seven a.m.;
Noise created by aircraft engine testing and maintenance not related to flight operations except between the hours of ten p.m. and seven a.m.;
Noise originating from motor vehicle racing events at existing authorized facilities.

It is the intention of City Council to consider amendments to this chapter controlling the sources exempted in Section 9.11.050(B) whenever the Washington State Department of Ecology promulgates specific regulations relating to the specific sources in the future.

(Ord. 97-12 §1, 1997: Ord. 93-06 §1(part), 1993). (Changes were made during codification for hyperlinking)

9.11.060 Noises exempt--Daylight hours. The following noises shall be exempt from the provisions of this chapter between the hours of seven a.m. and ten p.m. on weekdays and nine a.m. and ten p.m. on weekends:

Noise created by powered equipment used in temporary or periodic maintenance or repair of residential property, including but not limited to grounds and appurtenances, such as but not limited to lawn mowers, powered hand tools and composters;
Noise created by the discharge of firearms on authorized shooting ranges;
Noise created by the installation and repair of essential utility services;
Noise created by blasting;
Noise created by bells, chimes or carillons not operated for more than five minutes in any one hour.

(Ord. 93-06 §1(part), 1993).

9.11.070 Enforcement--Complaints.

Complaint Only Basis. Only after a complaint has been received from an identified person who resides on, owns, rents or leases property or is employed in the area that is affected by a noise source may the police department issue a civil infraction notice; provided, that the section of this chapter relating to motor vehicles shall be subject to enforcement proceedings, regardless of whether a complaint has been received; provided, further, that with the exception of motor vehicle noises, noises created by industrial areas are to be enforced by the state pursuant to RCW 70.107 and WAC 173-60; and provided further, that the policy department may issue a civil infraction notice in any instance where the police department determines such action to be necessary to protect the public's health, safety and welfare.

Separate Offenses. For enforcement purposes, each day, defined as a twenty-four-hour period beginning at 12:01 a.m., in which a violation of this chapter occurs, shall constitute a separate violation.

(Ord. 93-06 §1(part), 1993).

9.11.080 Provisions not exclusive. The provisions of this chapter shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action or remedy, nor unless specifically provided, shall this chapter be deemed to repeal, amend or modify any law, ordinances or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise. (Ord. 93-06 §1(part), 1993).

9.11.090 Violation.

Any person found to be in violation of this chapter shall be deemed to have committed a civil infraction and for each violation shall be subject to a civil penalty as follows:

First violation in any twelve-month period C-9 penalty;
Second violation in any twelve-month period C6 penalty;
Third and subsequent violations in any twelve month period C-3 penalty.

Evidence in Proceedings. In any proceeding under this chapter, evidence of sound level through the use of sound level meter readings shall not be necessary to establish the commission of the violation.

(Ord. 93-06 §1(part), 1993).

CHAPTER 9.12

WEAPONS

Sections:

9.12.010 Definitions.

9.12.020 Discharging gun within City limits.

9.12.025 Exemption for bird pest control.

9.12.028 Issuance of permit for bird pest control.

9.12.030 Violation--Penalty.

9.12.040 Exemption from state gun control laws.

9.12.010 Definitions. As used in this chapter, the following terms are defined in this section:

The term "weapon" has its ordinary and accepted meaning as defined in Webster's II New Riverside University Dictionary. The term "weapon" includes but is not limited to: slingshots, BB guns, rifles, pistols, shotguns and air guns, or as defined in RCW 9.41.250.

The term "bird pests" includes sparrows, starlings and pigeons.

(Ord. 99-50 §1, 1999: Ord. 308 §1, 1959).

9.12.020 Discharging gun within City limits. No one may use, operate or discharge any weapon within the corporate limits of the City or to use, operate or discharge any weapon in such a manner as to permit the object discharged therefrom to enter the corporate limits of the City while in flight. (Ord. 99-50 §2, 1999: Ord. 308 §2, 1959).

9.12.025 Exemption for bird pest control. Businesses offering bird pest control services may be permitted to use, operate and discharge approved weapons under the following conditions:

The business is licensed by the state and bonded;
The business has a current permit issued under the authority of this chapter;
The business has a valid state license, if any, for the weapon at the time of obtaining the permit from the City; and
The business has a valid state license, if any, for the weapon at the time the weapon is discharged.

(Ord. 99-50 §3, 1999).

9.12.028 Issuance of permit for bird pest control. The Chief of Police shall issue a permit to a business conducting bird pest-control for the discharge of a weapon upon satisfaction of the following:

The business completes the City's permit application;
With the application, the business includes a schedule of the times that the weapon will be used for the bird pest control, and the schedule will not infringe on the safety of the City's citizens;
With the application, the business includes a list of all weapons, including the caliber, to be used in performing the bird pest control services, and the list includes only weapons appropriate for the destruction of the bird pests;
With the application, the business includes a list of alternative methods used for the bird pest control in the past;
The business pays the application fee; and
The business provides proof of insurance in an amount to indemnify the City as established by the City's insurance agent.

(Ord. 99-50 §4, 1999).

9.12.030 Violation--Penalty.

Any person violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and shall be punished as provided in Section 1.01.110.(A) In addition thereto the weapon so used by the person violating this chapter shall be impounded until the violation alleged shall have been disposed of by dismissal or a finding that it was committed.

Review and Issuance. The Chief of Police shall review the application and issue a permit, or issue a denial of the permit within fifteen business days after application therefor. In issuing a permit, the Chief of Police may impose such conditions as he finds necessary to adequately protect the public health, safety and general welfare, directing the attendance of one or more Police Officers, as set out in section.

Contents. The permit shall state on its face the date for which it is issued and shall expire at 2:00 a.m. of the day following the date for which it is issued. The permit shall be conspicuously posted on the premises where the dance will take place.

Denial. The Chief of Police shall deny an application for a permit if one or more of the following conditions exist:

The applicant is not in compliance with any state, county or City law or ordinance applicable to the premises or the operator;
The applicant or any of the applicant's officers, directors, partners, operators, employees or any other person involved in the operation of a dance held for teens has:

Committed any act, which, if committed by a licensee, would be grounds for the suspension or revocation of a permit;
Been convicted within the last five years of:

A felony involving a crime of violence upon a juvenile,
Crime involving prostitution, promoting prostitution, prostitution loitering or lewd conduct, or assault on a juvenile.

Within the last two years the applicant has been refused a license or had a license revoked under the provisions of this chapter.

(Ord. 99-52 §5, 1999: Ord. 99-50 §2, 1999: Ord. 648 §1, 1983: Ord. 308 §3, 1959). (Changes were made during codification for hyperlinking)

9.12.040 Exemption from state gun control laws. Pursuant to the authority granted by RCW 9.41.050(6) the prohibitions contained in RCW 9.41.050(4) shall not apply within the corporate limits of the City. (Ord. 94-23 §1, 1994).

CHAPTER 9.13

WEAPONS IN ALCOHOLIC BEVERAGE ESTABLISHMENTS

Sections:

9.13.010 Prohibition.

9.13.020 Deadly weapon defined.

9.13.030 Exemptions.

9.13.040 Violation--Civil penalty.

9.13.010 Prohibition. It is unlawful for any person to carry a deadly weapon into or upon any premises within the City limits where alcoholic beverages are dispensed by the drink, and it shall be immaterial whether said person has upon his person a license to carry a concealed weapon. (Ord. 540 §1, 1979).

9.13.020 Deadly weapon defined. "Deadly weapon" shall be defined as including, but not limited to, any instrument known as a blackjack, slingshot, billy club, sand bag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm, any knife having a blade longer than four inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poison or injurious gas. (Ord. 540 §2, 1979).

9.13.030 Exemptions. This chapter shall not apply to or affect the following persons:

The proprietor of the premises, or his or her employee while on duty;
Any person, who by virtue of his office, position or employment, is vested by law with a duty to preserve public safety, order, or to make arrests for offenses while carrying out such duties;
Any person making or assisting in making a lawful arrest for the commission of a felony at the time of carrying the deadly weapon.

(Ord. 540 §3, 1979).

9.13.040 Violation--Civil penalty. Any person violating any provision of this chapter shall be deemed to have committed a civil infraction and shall be punished as provided in Section 1.01.110(A). (Ord. 613 §2 (part), 1982: Ord. 540 §4, 1979).

CHAPTER 9.14

CURFEW

Sections:

9.14.010 Definitions.

9.14.020 Juvenile curfew.

9.14.030 Parental responsibility.

9.14.040 Violations--Penalties.

9.14.010 Definitions. As used in this section, the following words shall have the following meanings:

"Curfew hours" means:

Eleven p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until five a.m. of the following day; and
12:01 a.m. until five a.m. on any Saturday or Sunday.

"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster and automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Establishment" means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

"Guardian" means any person other than a parent who has legal guardianship of a juvenile.

"Juvenile" means any unemancipated person under the age of eighteen years.

"Parent" means the natural parent, adopted parent, or stepparent of a juvenile.

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, malls, and shops.

"Remain" means to linger or stay.

"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(Ord. 94-14 §1(part), 1994).

9.14.020 Juvenile curfew.

It is unlawful for any juvenile to remain in any public place or establishment within the City during curfew hours.

It shall be a complete defense to a prosecution under 9.14.020(A) of this section that the juvenile was:

Accompanied by the juvenile's parent or guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile's parent or guardian;
On an errand at the direction of the juvenile's parent or guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile's parent or guardian without any detour or stop from the original destination, taking the most direct route;
In a motor vehicle involved in interstate travel;
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop, taking the most direct route;
Involved in an emergency;
On the sidewalk abutting the juvenile's residence or abutting any residence of which the juvenile is a guest, if the owner or lawful tenant of said residence does not complain to the police department about the juvenile's presence;
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a school district, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, taking the most direct route, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a school district or another similar entity that takes responsibility for the juvenile; or
Attending or returning home from, without any detour or stop, taking the most direct route, any theater, movie house or sporting event; provided, however, that the juvenile shall have in his possession and present to a Police Officer upon request the ticket or ticket stubs from the theater, movie house or sporting event.

(Ord. 94-14 §1(part), 1994). (Changes were made during codification for hyperlinking)

9.14.030 Parental responsibility.

It is unlawful for the parent, guardian, or other adult person having custody or control of any juvenile to permit or knowingly allow such juvenile to remain in any public place or on the premises of any establishment within the City during curfew hours.

It shall be a complete defense to a prosecution under 9.14.030(A) of this section that the juvenile was:

Accompanied by the juvenile's parent, guardian, or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile's parent or guardian;
On an errand at the direction of the juvenile's parent or guardian or any other person over the age of eighteen years who has been given custody or control of the juvenile by said juvenile's parent or guardian without any detour or stop, taking the most direct route;
In a motor vehicle involved in interstate travel;
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop, taking the most direct route;
Involved in an emergency;
On the sidewalk abutting the juvenile's residence or abutting any residence of which the juvenile is a guest, if the owner or lawful tenant of said residence does not complain to the police department about the juvenile's presence;
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a school district, or another similar entity that takes responsibility for the juvenile, or going to or returning home from, without any detour or stop, taking the most direct route, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, a school district or another similar entity that takes responsibility for the juvenile; or
Attending or returning home from, without any detour or stop, taking the most direct route, any theater, movie house or sporting event; provided, however, that the juvenile shall have in his possession and present to a Police Officer upon request the ticket or ticket stubs from the theater, movie house or sporting event.

(Ord. 94-14 §1 (part), 1994). (Changes were made during codification for hyperlinking)

9.14.040 Violations--Penalties.

A violation of Sections 9.14.020(A) or 9.14.030(A) is a civil infraction. The civil infraction penalty for a first violation of this section within a one-year period shall be fifty dollars; for a second offense within a one-year period the penalty shall be one hundred dollars; and for a third or subsequent violation within a one-year period, the penalty shall be two hundred dollars.

The procedure for responding to a notice of infraction under this chapter shall be the same procedure prescribed for responding to traffic infractions set forth in RCW Chapter 46.63. Any person who receives a notice of infraction shall respond in the manner prescribed in RCW 46.63.070. If any person issued a notice of infraction fails to respond to the notice as provided in RCW 46.63.070(2), or fails to appear at a hearing requested pursuant to the procedure outlined in RCW 46.67.070(3) or (4), the court shall enter an appropriate order assessing the monetary penalty prescribed for this infraction.
Procedures for the conduct of all hearings provided for in this chapter shall be in accordance with the procedures for hearings established in RCW 46.63.080 through 46.63.100.

(Ord. 94-14 §1(part), 1994).

CHAPTER 9.15

GRAFFITI REGULATIONS

Sections:

9.15.010 Purpose and intent.

9.15.020 Definitions.

9.15.030 Graffiti regulations.

9.15.035 Removal of Graffiti.

9.15.040 Violation.

9.15.010 Purpose and intent. The purpose and intent of this chapter is to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. Graffiti is a public nuisance and destructive to the rights and values of property owners as well as the entire community. It is appropriate to require people convicted of Defacement to restore the Property. However, Defacement is typically committed quickly and secretively and witnesses to the Defacement typically do not exist, so it is rare that Property subjected to Defacement is restored by those persons who cause the Defacement. Unless the City acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the City and its citizens. This Chapter intends to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. The purpose and intent of this chapter is to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property by an offender. (Ord. 04-137 §1, 2004; Ord. 99-49 §5(part), 1999).

9.15.020 Definitions. As used in this chapter, the following terms are defined in this section:

"Aerosol paint container" means any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.

"Broad tipped marker" means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width is greater than one-eighth of an inch, containing ink or other pigmented liquid that is not water soluble.

"Etching equipment" means any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface.

"Graffiti" means the unauthorized defacing, damaging or destroying by spraying paint or marking of ink, chalk, dye or other similar substances, or scratching or etching on public or private buildings, structures and places.

"Graffiti implement" means an aerosol paint container, a broad tip marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface.

"Graffiti Nuisance Property" means property upon which Graffiti has not been removed as required by a Notice to Remove Graffiti.

"Notice to Remove Graffiti" means a Civil Regulatory Order, as defined by QMC 17.15.030 issued pursuant to section 9.15.035.

"Owner" means any entity or entities having a legal or equitable interest in real or personal property including but not limited to the interest of a tenant or lessee.

"Paint stick" or "graffiti stick" means any device containing a solid form of paint, chalk, wax, epoxy, shoe polish or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth inch in width.

"Property" means any real or personal property and that which is affixed, incidental or appurtenant to real property, including but not limited to, any structure, fence, wall, sign, vehicle, or any separate part thereof, whether permanent or not.

"Responsible Party" means the legal owner of property according to the records of Grant County, or an entity or person acting as an agent for an owner by agreement, who has authority over the property or is responsible for the Property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, each owner shall always be a Responsible Party for purposes of this Chapter. There may be more than one responsible party for a particular Property.

"Unauthorized" means without the consent of a responsible party.

(Ord. 04-137 §2, 2004; Ord. 99-49 §5(part), 1999).

9.15.030 Graffiti regulations.

Defacement. No person may apply graffiti to any natural or man-made surface on any City owned Property or, without the permission of the owner or occupant, on any noncity owned property.

Possession of Graffiti Implements. No person may possess any graffiti implement outside their normal residence or place of abode, between the time beginning thirty minutes prior to sunset and ending thirty minutes after sunrise the following day. The provisions of this subsection shall not apply in the following instances:

Where the graffiti implements are in a motor vehicle involved in interstate travel;
Where the person is engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop, taking the most direct route;
Where the person is involved in an emergency;
Where the person is attending or preparing for an official school, religious or other recreational activity sponsored by the City, a church, a civic organization, a school district, or another similar entity or traveling to or returning home from, without any detour or stop, taking the most direct route, to such an activity;
Where the person possessing the graffiti implements are possessing them in the ordinary course of their business or profession.

Graffiti Nuisance Property. A Responsible Party shall not allow a Property to become a Graffiti Nuisance Property. (Ord. 04-137 §3, 2004; Ord. 99-49 §5 (part), 1999)

9.15.035 Removal of Graffiti.

A. Removal by Responsible Party. Graffiti shall be removed from Property by the Responsible Party within three (3) days of the service of a Notice of Removal on the Responsible Party.

1. Notice to Remove Graffiti. Whenever the Code Enforcement Officer determines Graffiti exists on any public or private buildings, structures, and places which are visible to any person utilizing any public road, parkway, alley, sidewalk or other right-of-way within the City and when weather conditions permit the painting or cleaning of exterior surfaces, the Code Enforcement Officer shall cause a Notice to Remove Graffiti to be served on the Owner to remove the Graffiti within three (3) days of the Service of the Notice to Remove Graffiti. In addition to the requirements set out in QMC 17.15.030(C), the Notice to Remove Graffiti shall state that if the Graffiti is not removed within that time the Property will become a Graffiti Nuisance Property, and the Graffiti subject to removal by the City, with the Responsible Party and the Property subject to monetary penalties and costs in accordance with this Chapter, to be enforced as a lien for labor and materials, pursuant to RCW 60.04.

2. Service of Notice to Remove Graffiti. The Notice to Remove Graffiti shall be served upon the Responsible Party by leaving a copy at the Property with some person of suitable age and discretion, and sending a copy to the Owner via Certified Mail, returned receipt requested, but if there be no such person of suitable age and discretion, by posting the Notice to Remove Graffiti at a place or places on the Property deemed most likely to cause actual notice thereof to the person occupying the Property.

3. Appeal. A Responsible Owner may appeal (1) the conclusion the Property is Graffiti Nuisance Property and/or (2) the assessment of the cost of removing Graffiti to the Board of Adjustment, pursuant to QMC 17.09.040. Provided, however, the filing of an appeal limited solely to the question of the assessment of the cost of removal shall not impede the removal of the Graffiti by the City.

C. Removal by City. Graffiti may be removed from Property by the City.

Cost to Responsible Party. The cost incurred by the City in removing Graffiti from Property shall be borne by the Responsible Party if the Responsible Party does not remove Graffiti pursuant to a Notice to Remove Graffiti. The cost of removing Graffiti shall be billed to the Responsible Party and shall be paid to the City within ten (10) calendar days.

Cost to City. The City shall bear the cost of removing Graffiti if the City removes the Graffiti from Property prior to the date stated in the Notice to Remove Graffiti. (Ord. 04-137 §4, 2004).

9.15.040 Violation. Any person found to be in violation of this chapter shall be deemed to have committed a civil infraction and for each violation shall be subject to a C-1 civil penalty pursuant to Section 1.01.118, equal to a C-1 penalty. (Ord. 04-137§5, 2004; Ord. 99-49 §5 (part), 1999).

Chapter 9.16

FIREWORKS

Sections:

9.16.010 Definitions.

9.16.020 Acts prohibited without a permit.

9.16.030 Application for permit.

9.16.040 Investigation, report on permit application.

9.16.050 City Council may grant or deny permit-Conditions.

9.16.060 License required prior to issuance of permit.

9.16.070 Public display permit--Granted for exclusive purpose--Nontransferable.

9.16.080 Supervision of public displays.

9.16.090 Permit authorizes activities of salesmen, employees.

9.16.095 Permits for the Sale of Common Fireworks.

9.16.100 Dates and time common fireworks may be sold or discharged.

9.16.110 Sales of common fireworks.

9.16.120 All sales to be from temporary stands.

9.16.130 Standards for fireworks stands.

9.16.140 Fire nuisance where fireworks kept prohibited.

9.16.150 Approved storage facilities required.

9.16.160 Unlawful possession.

9.16.170 Sales or transfers of special fireworks.

9.16.180 Manufacture or sale of fireworks for out of state shipment.

9.16.190 Special effects for entertainment media.

9.16.200 Nonprohibited acts--Signal purposes.

9.16.210 Revocation or suspension of permit.

9.16.220 Reckless discharge or use prohibited.

9.16.230 Violation--Civil penalty.

9.16.010 Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:

"Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior.

"Common fireworks" means any fireworks designed primarily to produce visible or audible effects by combustion.

The term includes:

Ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers;
Smoke devices;
Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines, and shells;
Class C explosives classified on January 1, 1984, as common fireworks by the United States Department of Transportation.

The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets.

"Fire chief" means the chief officer of the Quincy fire department and/or his designee who shall be the local fire official for purposes of RCW Chapter 70.77.

"Fire nuisance" means anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance to the prevention of or extinguishment of fire.

"Fireworks" means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and classified as common or special fireworks.

"License" means a nontransferable formal authorization which the State Fire Marshal is permitted to issue under RCW Chapter 70.77 to engage in the acts specifically designated therein.

"Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks.

"Permit" means the official permission granted by the City for the purpose of doing any act which is regulated by this chapter.

"Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

"Public display of fireworks" means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.

"Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging public displays of fireworks.

"Retailer" includes any person who, at a fixed location or place of business, sells, transfers, or gives common fireworks to a consumer or user.

"Special fireworks" includes any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes and chasers and fireworks not classified as common fireworks.

"Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display permittee.

(Ord. 674 §1, 1985).

9.16.020 Acts prohibited without a permit. No person shall do any of the following acts in the City without having first obtained and having in full force and effect a valid permit issued by the City to do so:

Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use provided, however no permit is required for the possession or use of common fireworks lawfully purchased at retail;
Discharge special fireworks at any place;
Make a public display of fireworks; or
Transport fireworks, except as a public carrier delivering to a permittee.

(Ord. 674 §2, 1985).

9.16.030 Application for permit.

Any person desiring to do any act set forth in Section 9.16.020 shall first make written application for a permit to the Fire Chief. The application for a permit shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership, and if the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation.

The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information:

The true name, address and telephone number of the applicant;
A statement by the applicant that he or she is over the age of eighteen years;
A statement as to whether the applicant possesses a license issued by the State Fire marshal to do the act for which the permit is sought, and the current status of the said license;
The proposed location at which the applicant intends to perform the act for which the permit is sought; and
Such other information as the fire chief may require in order to make any investigation or report required by this chapter.

All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of fifty dollars. The City Council finds that this charge is necessary to cover the legitimate administrative costs for permit processing and inspection.

All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of five hundred thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than five hundred thousand dollars for property damage liability for each event. Such general liability policy shall name the City as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of said policy without thirty days written notice to the City. Said policy and certificate shall be in a form approved by the City Attorney.

Applications for public display of fireworks shall be made in writing at least ten days in advance of the proposed display.

(Ord. 674 §3, 1985).

9.16.040 Investigation, report on permit application. It shall be the duty of the Fire Chief to make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the Fire Chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person. (Ord. 674 §4, 1985).

9.16.050 City Council may grant or deny permit-Conditions. The City Council shall have the power to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as it shall prescribe. Applications for permits must be received prior to May 1st of each year. (Ord. 674 §5, 1985).

9.16.060 License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the State Fire Marshal, pursuant to RCW Chapter 70.77, to do the particular act or acts for which the permit is sought. (Ord. 02-98, §1, 2002; Ord. 674 §6, 1985).

9.16.070 Public display permit--Granted for exclusive purpose--Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. (Ord. 674 §7, 1985).

9.16.080 Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the fire chief. (Ord. 674 §8, 1985).

9.16.090 Permit authorizes activities of salesmen, employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to salesmen and other employees of such person that are eighteen years of age or older. (Ord. 674 §9, 1985).

9.16.095 Permits for the Sale of Common Fireworks.

A. One permit for the sale of common fireworks shall be issued by the City.

B. A permit for the sale of common fireworks shall be issued only to a Person who is a nonprofit charitable, religious or eleemosynary corporation, corporations, organizations, organized and existing primarily for veteran, patriotic, religious, charitable or civic betterment purposes having its principal and permanent meeting place in or near the city and has been established in the City for a period of at least one year prior to the date application is made for a Permit.

C. Applications for renewal of a Permit to sell common fireworks shall be given preference over such applications by persons not previously permitted; provided, that if the holder of the Permit fails to make application for renewal by the third Monday in April, the preference shall be forfeited. (2002: Ord. 02-98 §2).

9.16.100 Dates and time common fireworks may be sold or discharged. No common fireworks shall be sold or discharged within the City except from twelve noon on the 28th of June to twelve noon on the 6th of July of each year. No common fireworks shall be sold except from twelve noon until nine p.m. on weekdays, and from ten a.m. until nine p.m. on Saturdays and Sundays. No common fireworks may be discharged between the hours of eleven p.m. and nine a.m. (Ord. 674 §10, 1985).

9.16.110 Sales of common fireworks. No person shall sell common fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license has been issued. (Ord. 674 §11, 1985).

9.16.120 All sales to be from temporary stands. All sales of common fireworks shall be from temporary stands, which shall not be erected prior to the 18th day of June of any year and which shall be removed or torn down not later than the 16th of July of the same year. (Ord. 674 §12, 1985).

9.16.130 Standards for fireworks stands. The fireworks stands of all those persons engaging in the sale of common fireworks pursuant to a permit issued under this chapter shall conform to the following minimum standards and conditions:

Fireworks stands shall comply with all provisions of the building code and shall be constructed in such a manner so as not to endanger the safety of attendants and patrons.
No fireworks stand shall be located within fifty feet of any other building or structure, or closer than twenty-five feet from any sidewalk.
Each fireworks stand must have at least two exits which shall be unobstructed at all times, and doors to swing out.
Each fireworks stand shall have in a readily accessible place, at least two fire extinguishers approved by the Fire Chief, one to be a two and one-half gallon water extinguisher and the other to be 2A 10BC.
All weeds, grass and combustible material shall be cleared from the location of the fireworks stand and the surrounding area a distance of not less than twenty feet, measured from the exterior walls on each side of the fireworks stand.
No smoking shall be permitted in or near a fireworks stand, and the same shall be posted with a sign of two inch high red letters on a white background indicating: "No Smoking within 25 feet."
Each fireworks stand shall have an adult in attendance at all times that the stand is stocked. Stock from the stand shall not be removed or stored in any other building during the sales period without the express written approval of the fire chief.
No fireworks stand shall be located within a radius of five hundred feet from any other stand.
Each fireworks stand shall have provision for sufficient off-street parking, in the opinion of the fire chief, to avoid impeding continuous flow of traffic at entrances and exits from the premises, and will provide barricades, ropes or other similar means to prevent vehicles from parking within twenty-five feet of the fireworks stand.
Each fireworks stand shall post prominently a list of fireworks that may be sold to the public.
No fireworks shall be discharged within one hundred feet of the fireworks stand.

(Ord. 674 §13, 1985).

9.16.140 Fire nuisance where fireworks kept prohibited. No person shall allow any rubbish to accumulate in any premises where any fireworks are sold or stored or permit a fire nuisance to exist on such premises. (Ord. 674 §14, 1985).

9.16.150 Approved storage facilities required. It shall be unlawful for any person to store unsold stocks of fireworks remaining unsold after the lawful period of sale as provided in his permit except in such places of storage as the Fire Chief shall approve. Unsold stocks of fireworks remaining after the authorized retail sales period from twelve noon on June 28th to twelve noon on July 6th shall be returned on or before July 31st of the same year to the approved storage facilities of a licensed fireworks wholesaler, to a magazine or storage place approved by the Fire Chief or to a place approved by the State Fire Chief. Upon receiving a written application at least ten days prior to the date of proposed storage, the Fire Chief shall investigate whether the character and location of the storage would constitute a hazard to any property or be dangerous to any person. Based upon the investigation, the fire chief may grant or deny any application for storage or to subject the same to such reasonable conditions, if any, as he shall prescribe. (Ord. 674 §15, 1985).

9.16.160 Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited. (Ord. 674 §16, 1985).

9.16.170 Sales or transfers of special fireworks. No person shall sell or transfer any special fireworks to any person who is not a fireworks permittee as provided by this chapter. (Ord. 674 §17, 1985).

9.16.180 Manufacture or sale of fireworks for out of state shipment. This chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license issued by the State Fire Marshal and a permit secured under the provisions of this chapter from manufacturing or selling any kind of fireworks for direct shipment out of this state. (Ord. 674 §18, 1985).

9.16.190 Special effects for entertainment media. This chapter does not prohibit the assembling, compounding, use or display of special effects of whatever nature by a person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the City to purchase, possess, transport or use such fireworks. (Ord. 674 §19, 1985).

9.16.200 Nonprohibited acts--Signal' purposes. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination. (Ord. 674 §20, 1985).

9.16.210 Revocation or suspension of permit.

Authority. The Fire Chief may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has:

Violated any of the provisions of this chapter by the person holding such permit or any of his agents or employees;
Made any false statement or misrepresentation of fact in connection with obtaining the permit;
Failed to obtain or has had any license required by the state of Washington to engage in any act prohibited by RCW Chapter 70.77 or this chapter to be done without a license, suspended or revoked; or
Has had any insurance coverage required by this chapter canceled, revoked or lapsed.

Effective Date of Revocation. When the Fire Chief determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice by the permittee.

Appeal. The decision of the Fire Chief with respect to the revocation or suspension of any permit issued under this chapter shall be final. Any permittee whose permit is suspended or revoked may appeal the decision of the Fire Chief to the City Council by filing such appeal within ten days of the date of the final decision of the Fire Chief. This shall be the exclusive remedy of any permittee under this chapter.

(Ord. 674 §21, 1985).

9.16.220 Reckless discharge or use prohibited. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. (Ord. 674 §22, 1985).

9.16.230 Violation--Civil penalty. Any person violating any provision of this chapter shall be deemed to have committed a civil infraction and shall be punished as provided in Section 1.01.110(A) of the Quincy Municipal Code. (Ord. 674 §23, 1985).

Chapter 9.18

SLAUGHTERING OF ANIMALS AND FOWL

Sections:

9.18.010 Slaughtering or killing of animals or fowl.

9.18.020 Dressing or butchering.

9.18.030 Violation--Penalty.

9.18.010 Slaughtering or killing of animals or fowl. Except as provided below, no person shall kill or slaughter any animal or fowl within the City.

Exception for Commercial Action. This chapter shall not apply to one slaughtering or killing animals or fowl for compensation, in the ordinary course of their regular and normal business.
Exception for Injured or Vicious Animals or Fowl. Nothing in this chapter shall prohibit a person from dispatching or destroying injured or vicious animals or fowl by any humane method, as defined by RCW Chapter 16.50;
Exception for Religious Acts. Nothing in this chapter shall prohibit, abridge or in any way hinder the ritual slaughter of animals or fowl.

(Ord. 94-18 §1(part), 1994) .

9.18.020 Dressing or butchering. Except as provided in Section 9.18.010(1) through 9.18.010(3), no person shall dress or butcher an animal or fowl so as to unreasonably expose such act or acts to the view of any person on public or private property. (Ord. 94-18 §1(part), 1994). (Changed during codification for hyperlinking)

9.18.030 Violation--Penalty. Any person violating any part of this chapter shall be deemed to have committed a civil infraction and violation shall be subject to a civil penalty according to category C-1 of Section 1.01.118. (Ord. 94-18 §1(part), 1994).

Last Updated: Thursday, July 12, 2007 10:34:59 AM