Title 15
PUBLIC PEACE, SAFETY, MORALS

Chapters:

15.02 Assembly

15.04 Boating and Water Safety

15.08 Festivals

15.16 Firearms Discharge Restrictions

15.17 Firearms, Exemption from RCW 9.41.050(4)

15.20 Unattended Children

15.22 Curfew

15.24 Minors – Intoxicating Liquor

15.26 Solvent Inhalation

15.27 False Alarms

15.27A Malt Liquor Distribution

15.30 Public Disturbance

15.31 Reduction of Court-Ordered Fines and Costs

15.32 Courthouse Complex, Veterans’ Center, and Juvenile and Family Services Facility Rules and Regulations

Chapter 15.02
ASSEMBLY

Sections:

15.02.010 Declarations.

15.02.020 Definitions.

15.02.030 Unlawful assembly.

15.02.040 Exemptions.

15.02.050 Permit issuance requirements.

15.02.060 Preliminary approval by County agencies.

15.02.070 Final application to Board of Commissioners.

15.02.080 Attendance records.

15.02.090 Permit fee.

15.02.100 Suitable hours for assembly.

15.02.110 Penalty.

15.02.120 Public nuisance.

15.02.130 Severability.

SOURCE: ADOPTED:

Ord. No. 32, 1970 06/02/70

AMENDED SOURCE: ADOPTED:

Ord. No. 48, 1974 05/02/74

Ord. No. 207, 1983 10/25/83

15.02.010 Declarations.

It appears necessary for the protection, health, and welfare of the general public in regards to entertainment, amusements and assemblies catering to the general public, that certain rules and regulations be established. There is a danger to the people attending or taking part in the gatherings if proper sanitary, police and other health and safety measures are not adequately provided, and danger to the public health, safety, and welfare.

15.02.020 Definitions.

(1) “General public” means citizens and members of the community except in groups made up entirely of related kin.

(2) “Entertainment” means entertaining or being entertained; specifically, amusement, hospitality given or received, the consideration of an idea, etc., keeping in mind something that entertains; interesting, diverting, or amusing thing, as a show or performance.

(3) “Amusement” means any act or event causing or inducing relaxation and gaiety.

(4) “Assembly” means the concourse or meeting together of a considerable number of persons at the same place.

15.02.030 Unlawful assembly.

It shall be unlawful for any person, persons, corporation, organization, landowner, or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised an entertainment, amusement, or assembly of persons for any purpose which said person, persons, corporation, organization, landowner, or lessor believes or has reason to believe, will attract 200 or more persons for eight (8) or more consecutive hours at a particular location within Clallam County and outside the limits of incorporated cities and towns, unless a valid and current permit has been obtained for the operating of said amusement, entertainment, or assembly.

(1) Said permits shall be required for all such entertainments, amusements, and assemblies to be held thirty (30) or more days from the date of passage of the ordinance codified in this chapter.

(2) One permit shall be required for each entertainment, amusement, or assembly.

(3) Criminal or civil liability for failure to comply with the provisions of this chapter shall rest in all persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this provision.

15.02.040 Exemptions.

The provisions of this chapter shall not apply to regularly scheduled entertainments, amusements and assemblies held at camps, parks, fairgrounds, Indian gathering places or resorts, provided that the designed capacity provided for in such chapter is not exceeded.

15.02.050 Permit issuance requirements.

Permits shall not be denied provided the following conditions are satisfactorily met by the applicant:

(1) No permit for an entertainment, amusement or assembly shall be granted unless the application is accompanied by the written approval of the Clallam County Health Department of the following minimum facilities:

(a) Water Supply.

(i) Every location for which a permit must be obtained hereunder shall have an adequate supply of water which is of a sanitary quality meeting the standards as prescribed by the Washington State Health Department.

(ii) Drinking fountains or drinking facilities shall be provided to meet the standards of the Revised Code of Washington.

(b) Toilets and Washing Facilities.

(i) Every location for which a permit must be obtained hereunder shall be provided with toilets, urinals and handwashing facilities conveniently located.

(ii) Separate toilet facilities shall be provided for each sex and shall be so marked.

(iii) Toilets must be water-flushed or fly-tight sanitary privies approved by the health officer.

(iv) The minimum number of the above facilities to be provided shall be in accordance with the orders of the Clallam County Health Department.

(c) Food Preparation and Food Service Facilities. Should the applicant for a permit hereunder provide or have reason to believe that there will be provided any type of public food services for the event for which the permit is required, then the applicant shall submit with his application the approval of the Clallam County Health Department for the facilities so provided. Such facilities shall meet the specifications required by the Clallam County Health Department.

(2) No permit shall be granted hereunder unless the applicant has shown that the Clallam County Civil Defense Director and the fire chief in the fire district where the event is to be held have approved fire protection devices and equipment available at, in or near any building, tent, stadium or enclosure wherein or whereupon more than ten (10) persons may be expected to congregate at any time during the course of such entertainment, amusement, or assembly for which a permit is hereunder required. Fire prevention standards shall be as provided by state law.

(3) No permit shall be granted hereunder until the applicant shall have furnished to Clallam County evidence that he has in full force and effect a liability insurance policy in an amount of not less than $100,000 bodily injury coverage per person covering any bodily injury negligently caused by any officer or employee of the festival while acting in the performance of his or her duties. The policy shall name the issuing authority of the permit as an additional named insured. In addition, the applicant shall be required to furnish evidence that he has in full force and effect a $100,000 liability property damage insurance policy covering any property damage due to the negligent failure by any officer or employee of the festival to carry out duties imposed by this chapter or any other ordinance of the County of Clallam or any state statute. The policy shall have the issuing authority of the permit as an additional named insured. In addition, no permit shall be granted until the applicant shall deposit with the issuing authority a cash deposit or surety bond. The bond or deposit shall be used to pay any costs or charges incurred to regulate health or to clean up afterwards outside the festival grounds or any extraordinary costs or charges incurred to regulate traffic or parking. The bond or other deposit shall be returned to the promoter if the issuing authority is satisfied that no claims for damage or loss will be made against said bond or deposit, or that the loss or damage claimed is less than the amount of the deposit, in which case the uncommitted balance thereof shall be returned not later than thirty (30) days after the last day of the festival.

(4) Traffic control/crowd control personnel shall be licensed merchant patrolmen or named persons submitting affidavits that they have not been convicted of a felony within the previous ten (10) years. There shall be provided one traffic control/crowd control person for each 200 persons expected or reasonably to be expected to be in attendance at any time during the event; provided, that a minimum of three (3) such personnel shall be provided for any event coming within the provisions of this chapter. Sufficient personnel shall be provided so that the above requirements will be met throughout the event without working any personnel more than twelve (12) hours without at least an eight (8) hour rest period before his next hours on duty. Only personnel deputized by the Sheriff of Clallam County shall be qualified to assume responsibilities outlined in this section.

(5) Application for a permit under this chapter shall be accompanied by scale drawing showing adequate parking facilities have been made available adjacent to the location for which the permit is requested. Such parking facility shall provide parking space for one vehicle per every four (4) persons expected or reasonably to be expected to attend the amusement, entertainment, or assembly. Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any vehicle at any time to or from the parking area; provided, that should buses be used to transport persons to the entertainment, amusement or assembly, it shall be shown that public parking or parking as described above is available at any site from which buses are scheduled to transport persons to an event regulated by this chapter.

(6) No permit shall be granted hereunder unless the applicant shall in writing upon the application for such a permit consent to allow the law enforcement and public health and fire control officers of the County to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under which the permit is granted. No permit shall be granted hereunder until the applicants shall have complied with all applicable County ordinances, rules and regulations and with all applicable state statutes, state codes, rules, and regulation.

15.02.060 Preliminary approval by County agencies.

Whenever approval by a County government agency other than the Board of County Commissioners is required hereunder, application for such approval shall be made ten (10) or more days prior to making final application for the entertainment, amusement, or assembly permit. Approval or denial by said County agencies shall be made within ten (10) days of the date of application. When any type of physical facility is required or subject to approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be in existence three (3) or more days before the event for which an application is submitted shall begin and shall be subject to inspection by the approving agencies or departments at their convenience. Said inspections shall be made and approval or disapproval granted on or before the seventh day preceding the event. Should the actual facility or construction fail to meet the standards approved in the proposed plan, such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. No inspection fee or approval fee shall be charged other than the general permit fee required hereunder.

15.02.070 Final application to Board of Commissioners.

Written final application for amusement, entertainment or assembly permits shall be made to the Clallam County Board of Commissioners and said application must be submitted thirty (30) or more days prior to the first day upon which such amusement, entertainment or assembly is to be or may be held.

(1) Approval or denial of permits as herein provided for shall be made within ten (10) days after application therefor.

(2) Permits shall not be denied provided the requirements of CCC 15.02.050 have been satisfied by the applicant.

(3) Denial of the permit by the Board of County Commissioners shall be in writing with reasons for the denial and shall be subject to appeal to the superior court by action filed within ten (10) days of the denial.

15.02.080 Attendance records.

(1) Application for a permit under the provisions of this chapter shall state the number of persons expected or reasonably to be expected and/or the number of tickets printed and sold.

(2) It shall be the duty of the applicant to record the number of persons admitted to and exited from any event coming within the provisions of this chapter in such a manner that the number of persons present can be reasonably known at any time.

(3) Failure to provide a reasonably accurate record of the number of persons present shall give public law enforcement personnel the right to reasonably estimate the number present.

(4) Should the number of persons present at any time exceed by twenty (20) percent or more the number for which the permit was granted it shall be the right and the duty of the public law enforcement agencies to prohibit further access to the event until such time as the number in attendance allows for compliance with the permit.

15.02.090 Permit fee.

(1) A permit fee shall be filed with the application subject to the following scale:

	200 to 1,000	$100
	1,000 to 5,000	$500
	5,000 and over	$1,500

(2) The Board of Clallam County Commissioners may waive all or any part of the above specified fees when:

(a) The application is submitted by a nonprofit group or organization; and

(b) The entertainment, amusement, or assembly applied for is open to the general public without discrimination; and

(c) The Board determines that waiver would serve the general public interest.

(3) Waiver of any or all of the above specified fees shall not release applicant from complying with the other provisions of this chapter.

15.02.100 Suitable hours for assembly.

No entertainment, amusement or assembly coming within the provisions of CCC 15.02.030 shall be conducted in the unincorporated areas of Clallam County between the hours of 2:00 a.m. and 7:00 a.m., except as hereinafter provided. Should it be planned, advertised, or should there be reason to believe that an assembly of persons coming within the provisions of this chapter shall create an unusual amount of noise or that it is anticipated that there will be an unusual amount of noise detrimental to the public health, safety and welfare, then the Commissioners of Clallam County can set additional limitations or extensions on the hours; provided, that any limitations shall not infringe on activities during daylight hours after the hour of 7:00 a.m.

15.02.110 Penalty.

Any person who shall violate or fail to comply with any provision of this chapter, or who shall, having obtained a permit hereunder, willfully fail to continue to comply with the terms and conditions hereunder, or who shall counsel (aid or abet) such violation or failure to comply shall be deemed guilty of a misdemeanor.

15.02.120 Public nuisance.

Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions and material noncompliance with said terms and conditions shall constitute a public nuisance and be subject to all criminal, civil and equitable remedies as such.

15.02.130 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances is not affected.

Chapter 15.04
BOATING AND WATER SAFETY

Sections:

15.04.010 Purpose.

15.04.020 Applicability.

15.04.030 Definitions.

15.04.040 Reasonable care required.

15.04.050 General speed limit.

15.04.060 Rules of operation.

15.04.070 Skin diving.

15.04.080 Safety – Other equipment, when required.

15.04.090 Operating age – Exception.

15.04.100 Water skiing and swimming.

15.04.110 Litter and human waste.

15.04.120 Vessel noise performance.

15.04.130 Special rules – Lake Sutherland and Lake Pleasant.

15.04.140 Special rules – Lake Aldwell.

15.04.150 Accidents.

15.04.160 Penalties.

15.04.170 Repeal of prior ordinances.

15.04.180 Severability.

15.04.190 Effective date.

SOURCE: ADOPTED:

Ord. No. 109, 1979 07/31/79

AMENDED SOURCE: ADOPTED:

Ord. No. 551, 1994 05/31/94

15.04.010 Purpose.

It is necessary for the public health, safety, and welfare that the operation of vessels and swimming in the waters of Clallam County be regulated.

15.04.020 Applicability.

The regulations below shall apply within all navigable waters of Clallam County.

15.04.030 Definitions.

The following words and phrases as used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings:

(1) “Darkness” means that period between sunset and sunrise.

(2) “Infraction” in this chapter means an offense which, by terms of RCW Titles 75, 76, 77 or 79 or Chapters 43.30, 43.51, or 88.12 RCW and rules adopted under these titles and chapters, is declared not to be a criminal offense and is subject to the provisions of this chapter.

(3) “Muffler” and “muffler system” means a sound suppression device system, including underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.

(4) “Observer” means the individual riding in a vessel who is responsible for observing a water skier at all times.

(5) “Operator” means an individual who steers, directs, or otherwise has physical control of a vessel that is under way, or exercises actual authority to control the person at the helm.

(6) “Person” means any individual, firm, corporation, copartnership, company, association, or joint stock association, including any trustee, administrator, executor, receiver, assignee or other personal representative thereof.

(7) “Personal flotation device” means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and is approved by the Washington State Parks and Recreation Commission.

(8) “Personal watercraft” means a vessel less than sixteen (16) feet that uses a motor powering a water jet pump as its primary source of motive power and that is designed to be operated by a person sitting, standing or kneeling on, or being towed behind the vessel, rather than in the conventional means of sitting or standing inside the vessel.

(9) “Reckless” or “recklessly” means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety or property of another.

(10) “Under way” means that a vessel is not at anchor, or made fast to the shore, or aground.

(11) “Vessel” includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.

(12) “Water skiing” means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube or other similar device.

(13) “Waters of the County” means any waters within the territorial limits of Clallam County.

(14) “Waterway marker” means any device designed to be placed in or near water to convey a message to a vessel operator, including signs, bells and buoys.

15.04.040 Reasonable care required.

(1) A person shall not operate a vessel in a negligent manner. For the purposes of this section, to operate in a “negligent manner” means operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speeds that are no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, size of the lake or body of water, freedom from obstruction to view ahead, effects of vessel wake, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such waters. A violation of this section is an infraction under Chapter 7.84 RCW.

(2) It shall be unlawful for any person to operate a vessel in a reckless manner. A violation of this section is a misdemeanor punishable as provided under RCW 9.92.030.

(3) It shall be unlawful for any person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:

(a) The person has 0.10 grams or more of alcohol per 210 liters of breath, as shown by analysis of the person’s breath made under RCW 46.61.506; or

(b) The person has 0.10 percent or more by weight of alcohol in the person’s blood, as shown by analysis of the person’s blood made under RCW 46.61.506; or

(c) The person is under the influence of or affected by intoxicating liquor and any drug.

The fact that any person charged with a violation of this section is or has been entitled to use such a drug under the laws of this state shall not constitute a defense against any charge of violating this section.

A person cited under this subsection may, upon request, be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.

A violation of this section is a misdemeanor, punishable as provided under RCW 9.92.030.

15.04.050 General speed limit.

No person shall operate a vessel at a rate of speed greater than will permit him, in the exercise of reasonable care to bring the vessel to a stop within half the assured clear distance ahead, and in no event at a speed greater than forty (40) miles per hour. A violation of this section is an infraction.

15.04.060 Rules of operation.

(1) The following rules of operation shall apply whenever vessels are approaching one another so as to involve the risk of collision, except whenever a vessel under mechanical power and a sailboat are proceeding in such a direction as to involve the risk of collision, the vessel shall keep out of the way of the sailboat and allow the sailboat the right-of-way:

(a) When two (2) vessels are approaching each other “head-on” or nearly so it shall be the duty of each vessel to bear to the right and pass the other boat on its left side.

(b) When boats approach each other obliquely (at near right angles) the vessel approaching on the right side has the right-of-way.

(c) One vessel may overtake another on either side, but must grant right-of-way to the overtaken vessel. The overtaken vessel will maintain course and speed until it is safely passed.

(2) No vessel shall operate closer to other vessels than is reasonable and safe and shall stay a reasonable and safe distance from slower moving vessels.

(3) No person operating a vessel shall allow any person to ride or sit on the gunwales thereof or on the decking over the bow of the vessel while under way; provided, that nothing in this section shall be construed to mean that passengers or other persons aboard a vessel cannot stand on the decking over the bow of the vessel to moor the vessel to a mooring buoy or to cast off from such buoy or to secure the vessel to a dock or wharf or to cast off from the same, or for any other necessary purpose.

(4) It shall be unlawful to operate a vessel between one-half hour after sunset and one-half hour before sunrise without a white light distinctly visible for 360 degrees horizontally and for a distance of at least 300 feet under clear conditions.

(5) No person shall operate a personal watercraft during darkness.

(6) A person under the age of fourteen (14) shall not operate a personal watercraft.

(7) A person shall not lease, hire or rent a personal watercraft to a person under the age of sixteen (16).

(8) A person shall not operate a personal watercraft in a reckless manner, including recklessly weaving through congested vessel traffic, recklessly jumping the wake of another vessel unreasonably or unnecessarily close to the vessel or when visibility around the vessel is obstructed, or recklessly swerving at the last moment to avoid collision.

(9) A person shall not load, or permit to be loaded, a vessel with passengers or cargo beyond its safe carrying ability or carry passengers or cargo in an unsafe manner, taking into consideration weather and other existing operating conditions, except where the overloading is reasonably advisable to effect a rescue or for some other similar purpose.

(10) No person may operate or permit the operation of a vessel without an approved personal flotation device on board for each person on the vessel. Each personal flotation device shall be in serviceable condition, of appropriate size and readily accessible.

(11) No person shall operate a personal watercraft without wearing a personal flotation device.

(12) A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cut-off switch shall attach the lanyard to his or her person, clothing or personal flotation device as appropriate for the specific vessel. It is unlawful for any person to remove or disable a cut-off switch that was installed by the manufacturer or to operate a personal watercraft with a defective or disabled cut-off switch.

15.04.070 Skin diving.

(1) A red flag with a white diagonal running from the upper left hand corner (from mast head to lower outside corner) and known as a “diver’s flag” shall be displayed on the water by any person engaged in skin diving, scuba diving or snorkeling to indicate the presence of a diver submerged in the immediate area. (The blue internationally accepted diver flag may be substituted for the red and white flag.)

(2) Operators of vessels will exercise caution when such a flag is displayed and will not come within seventy-five (75) feet of such a flag.

15.04.080 Safety – Other equipment, when required.

(1) Every vessel registered with the State Department of Licensing must display state registration numbers and a current registration decal on each side of the bow. Violation of this subsection is a misdemeanor.

(2) Every vessel registered with the U.S. Coast Guard as a documented vessel or registered with the State Department of Revenue as a commercial vessel shall display a current Department of Revenue decal on the vessel. Violation of this subsection is a misdemeanor.

(3) A person shall not operate, or permit to be operated, a vessel equipped with a motor or other propulsion machinery of a power beyond the vessel’s ability to operate safely, taking into consideration the vessel type, use, construction, condition, the weather conditions and other existing operating conditions, except when the overpowering is reasonably advisable to effect a rescue or for some similar emergency purpose.

(4) If it appears reasonably certain to any law enforcement officer that a person is operating a vessel clearly loaded or powered beyond its safe operating ability and in the judgment of that officer the operation creates an especially hazardous condition, the officer may direct the operator to take immediate and reasonable steps necessary for the safety of the individuals on board the vessel, including directing the operator to return to shore or a mooring buoy and to remain there until the situation creating the hazard is corrected or ended. Failure to follow the direction of an officer under this subsection is a misdemeanor punishable as provided under RCW 9.92.030.

(5) The requirements of CCC 15.04.040(1), (2) and 15.04.060(1), (2), (3), (5), (8), (9), (12) and 15.04.100(5) and (7) shall not apply to persons engaged in tournaments, competitions, or exhibitions that have been authorized or other permitted by the Sheriff of Clallam County.

15.04.090 Operating age – Exception.

A person under the age of fourteen (14) years may operate a vessel if accompanied by a parent, guardian or responsible adult, or if the vessel is powered by a motor less than ten (10) horsepower or is not mechanically powered.

15.04.100 Water skiing and swimming.

(1) No person shall operate a vessel within 100 feet of an area where persons are swimming; provided, that water skiers shall be allowed to start and stop from lake shore. All vessels shall reduce speed to a minimum (no wake) when docking or landing. All swimmers more than 100 feet from shore shall be accompanied by a vessel with an operator and an observer.

(2) No vessel operator may tow or attempt to tow a water skier unless such vessel shall be occupied by at least an operator and an observer. The operator and the observer shall not be the same person.

(3) The observer shall continuously observe the person or persons being towed. Violation of this subsection is an infraction.

(4) Except on safe take-offs and landings, vessels with skiers under tow must keep 100 feet or more from shore. A take-off or landing will not be considered safe unless it can be accomplished without risk to any swimmers or other vessels and does not inhibit other persons’ use of the water. Skiers must be picked up by the vessel before passing the 100 foot from shore line. When safe, the skier but not the vessel, may ski inside the 100 foot from shore line, but not nearer than fifty (50) feet from shore, except when in the process of landing.

(5) When a skier falls more than fifty (50) feet from shore or from a float, the towing vessel shall return at once to the downed skier, giving due regard to the safety of any other skiers it may be towing. While the skier is down in the water and during the time preparatory to skiing while the person is in the water, the towing vessel will display a warning flag.

(a) Such flag shall be a bright red or brilliant orange, measuring at least twelve (12) inches square, mounted on a pole or staff at least twenty-four (24) inches long and displayed to be visible from every direction.

(6) No person shall engage or attempt to engage in water skiing without wearing a personal flotation device approved by the Washington State Parks and Recreation Commission.

(7) No person engaged in water skiing either as an operator, observer or skier shall conduct himself or herself in a reckless manner that willfully or wantonly endangers or is likely to endanger any person or property.

15.04.110 Litter and human waste.

(1) No person shall maintain or operate any vessel which is equipped with a toilet unless such toilet has a holding tank device to render waste harmless or unless such toilet is rendered inoperative by having the discharge outlet effectively sealed.

(2) No litter or debris, including human waste, shall be discarded from a vessel into the waters of the County.

15.04.120 Vessel noise performance.

(1) All motor-propelled vessels shall be equipped and maintained with an effective muffler that is in good working order and in constant use.

(2) A person shall not remove, alter or otherwise modify in any way a muffler system in a manner that will prevent it from being operated in accordance with this section.

(3) Vessels that are equipped with an engine modified to increase performance beyond the manufacturer’s stock configuration shall have an exhaust system that complies with the standards in this section.

15.04.130 Special rules – Lake Sutherland and Lake Pleasant.

The following regulations shall apply only to Lake Sutherland and Lake Pleasant:

(1) Mooring of Vessels. No vessel shall be moored more than twenty (20) feet off shore other than when fastened to a dock.

(2) Speed Rules. Subject to the general rules of CCC 15.04.050, no vessel shall exceed the following speeds on the lake:

(a) Within 100 feet of the shore, the outer extremity of any dock, or between the shore and any officially placed regulatory buoy: Six (6) miles per hour, except for boats with skiers under tow on safe take-offs and landings;

(b) Within 100 feet of a sailboat, rowboat or canoe: Six (6) miles per hour;

(c) From sunset to sunrise on the entire lake: Ten (10) miles per hour;

(d) Note the six (6) mile per hour limit is intended to create a no wake zone.

(3) All vessels under mechanical power shall move in a counterclockwise pattern, except when within 100 feet of shore, taking off or landing at shore or a dock. Vessels shall proceed as perpendicular to shore as practicable to the 100 foot from shore line. On both take-offs and landings, vessels and water skiers shall keep as far a distance as possible from adjoining docks, floats, the shoreline and other boats.

15.04.140 Special rules – Lake Aldwell.

The following regulations shall apply to Lake Aldwell:

No motor boat shall be operated at a speed in excess of ten (10) miles per hour on the lake.

15.04.150 Accidents.

(1) The operator of a vessel involved in a collision, accident or other casualty, to the extent the operator can do so without serious danger to the operator’s own vessel or persons aboard, shall render all practical and necessary assistance to persons affected by the collision, accident or casualty to save them from danger caused by the incident. Under no circumstances may the rendering of assistance or other compliance with this section be evidence of the liability of such operator for the collision, accident or casualty.

(2) The operator shall also give all pertinent accident information, as specified by the Washington State Parks and Recreation Commission, to the law enforcement agency having jurisdiction; provided, that this requirement shall not apply to operators of vessels when they are participating in an organized competitive event authorized by the Sheriff of Clallam County.

15.04.160 Penalties.

(1) Unless otherwise noted, a violation of the provisions of this chapter shall be a misdemeanor punishable as provided under RCW 9.92.030.

(2) Violations of this chapter that are not misdemeanors are infractions under Chapter 7.84 RCW.

15.04.170 Repeal of prior ordinances.

Clallam County Ordinance Chapter 15.04 adopted 7/31/79, and any former ordinances or amendments or provisions thereof conflicting or inconsistent with the provisions of this chapter, are hereby repealed, provided that prosecution for any violation of Chapter 15.04 CCC occurring prior to the effective date of this chapter shall not be affected or abated.

15.04.180 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this chapter; it being hereby expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsection, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.

15.04.190 Effective date.

This chapter shall take effect ten (10) days after adoption.

Chapter 15.08
FESTIVALS

Sections:

15.08.010 Legislative declaration.

15.08.020 Definitions.

15.08.030 Permits – Required – Compliance with rules and regulations.

15.08.040 Application for permit – Contents – Filing.

15.08.050 Approval or denial of permit – Corrections – Procedure – Judicial review.

15.08.060 Reimbursement of expenses incurred in reviewing request.

15.08.070 Cash deposit – Surety bond – Insurance.

15.08.080 Revocation of permits.

15.08.090 Drugs prohibited.

15.08.100 Proximity to schools, churches, homes.

15.08.110 Age of patrons.

15.08.120 Permits – Posting – Transferability.

15.08.130 Penalty.

15.08.140 Inspection of books and records.

15.08.150 Firearms – Penalty.

15.08.160 Preparations – Completion requirements.

15.08.170 General.

SOURCE: ADOPTED:

Ord. No. 550, 1994 05/24/94

15.08.010 Legislative declaration.

Chapter 70.108 RCW authorizes the Board of Clallam County Commissioners to enact ordinances for the regulation of outdoor festivals. WAC Title 246 establishes minimum sanitation requirements for outdoor music festivals. The Board of Clallam County Commissioners hereby declares it to be the public interest, and for the protection of the health, welfare and property of the residents of Clallam County to provide for the orderly and lawful conduct of outdoor festivals by assuring that proper sanitary, health, fire, safety, and police measures are provided and maintained.

15.08.020 Definitions.

For the purposes of this chapter the following words and phrases shall have the indicated meanings:

(1) “Outdoor music festival” or “music festival” or “festival” means an assembly of persons gathered primarily for outdoor, recorded musical entertainment, live entertainment, or other entertainment where amplified sound is used as part of the entertainment or for public address, where the predicted total attendance over the duration of the event is 1,500 persons or more and where the duration of the event is three (3) hours or longer; provided, that this definition shall not apply to government sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed under other laws or regulations of the state.

(2) “Promoter” means any person or other legal entity issued a permit to conduct an outdoor festival.

(3) “Applicant” means the promoter who has the right of control of the conduct of an outdoor festival who applies to the appropriate legislative authority for a license to hold an outdoor festival.

(4) “Issuing authority” means the Board of Clallam County Commissioners of the local governmental unit where the site for an outdoor festival is located.

(5) “Local health officer” means the legally qualified physician who has been appointed as the health officer of the city, town, county or district public health department as defined in RCW 70.05.010(2), or his authorized representative.

(6) “Participate” means to knowingly provide or deliver to the festival site supplies, materials, food, lumber, beverages, sound equipment, generators, or musical entertainment and/or to attend a festival.

15.08.030 Permits – Required – Compliance with rules and regulations.

No person or other legal entity shall knowingly allow, conduct, hold, maintain, cause to be advertised or permit an outdoor festival unless a valid permit has been obtained from the issuing authority for the operation of such festival as provided for by this chapter. One such permit shall be required for each outdoor festival. A permit may be granted for a period not to exceed sixteen (16) consecutive days and a festival may be operated during any or all of the days within such period. Any person, persons, partnership, corporation, association, society, fraternal or social organization, failing to comply with the rules, regulations or conditions contained in this chapter shall be subject to the appropriate penalties as prescribed by this chapter.

15.08.040 Application for permit – Contents – Filing.

Application for an outdoor festival permit shall be in writing and filed with the Clerk of the Board of Commissioners. Said application shall be filed not less than ninety (90) days prior to the first scheduled day of the festival and shall be accompanied with a permit fee in the amount of $2,500. Said application shall include:

(1) The name of the person or other legal entity on behalf of whom said application is made; provided, that a natural person applying for such permit shall be eighteen (18) years of age or older;

(2) A financial statement of the applicant;

(3) The nature of the business organization of the applicant;

(4) Names and addresses of all individuals or other entities having a ten (10) percent or more proprietary interest in the festival;

(5) The principal place of business of applicant;

(6) A legal description of the land to be occupied, the name and address of the owner thereof, together with a document showing the consent of said owner to the issuance of a permit, if the land be owned by a person other than the applicant;

(7) The scheduled performances and program;

(8) Written confirmation from the health officer that he or she has reviewed and approved plans for site and development in accordance with rules, regulations and standards adopted by the County. Such rules and regulations shall include criteria as to the following and such other matters as the County deems necessary to protect the public’s health:

(a) Submission of plans;

(b) Site;

(c) Water supply;

(d) Sewage disposal;

(e) Food preparation facilities;

(f) Toilet facilities;

(g) Solid waste;

(h) Insect and rodent control;

(i) Shelter;

(j) Dust control;

(k) Lighting;

(l) Emergency medical facilities;

(m) Emergency air evacuation;

(n) Attendant physicians;

(o) Communication systems;

(p) Bathing areas required by WAC;

(q) Noise;

(r) Access;

(s) Fire protection.

(9) A written confirmation from the Sheriff where the outdoor festival is to take place, showing that traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant meeting the following conditions:

(a) One person for each 150 persons reasonably expected to be in attendance at any time during the event for purposes of traffic and crowd control (not including parking) or as otherwise specified at the discretion of the Sheriff.

(b) The names and addresses of all traffic and crowd control personnel shall be provided to the Sheriff; provided, that not less than thirty (30) percent of the traffic and crowd control personnel shall be commissioned deputy sheriffs.

(c) During the hours that the festival site shall be open to the public there shall be at least one regularly commissioned deputy sheriff employed by the County for every 1,000 persons in attendance and said officer shall be on duty within the confines of the actual outdoor festival site.

(d) All law enforcement personnel shall be charged with enforcing the provisions of this chapter and all existing statutes, ordinances and regulations.

(e) That arrangement for payment of or reimbursement for all traffic and crowd control personnel, parking control personnel and law enforcement officers deemed necessary by the Sheriff have been made.

(10) A written confirmation from the Sheriff and County Roads Director that sufficient access roads are available for ingress and egress to the parking areas of the outdoor festival site and that parking areas are available on the actual site of the festival or immediately adjacent thereto which are capable of accommodating one auto for every four (4) persons in estimated attendance at the outdoor festival site and that issues of traffic patterns, signage and detours have been sufficiently addressed.

(11) A written confirmation from the fire chief in the district where the festival will be held that all fire prevention requirements have been complied with.

(12) A written statement of the applicant that all state and local law enforcement officers, fire control officers and other necessary governmental personnel shall have free access to the site of the outdoor festival.

(13) The names and mailing addresses of all real property owners within 1,000 yards of the festival site.

(14) A statement that the applicant is familiar with and will abide by the provisions of this chapter.

(15) The verification of the applicant warranting the truth of the matters set forth in the application to the best of the applicant’s knowledge, under the penalty of perjury.

15.08.050 Approval or denial of permit – Corrections – Procedure – Judicial review.

Within thirty (30) days after the filing of the application the Board of Commissioners shall hold a public hearing and shall either approve or deny the permit to the applicant. Notice of the public hearing shall be mailed to each property owner within 1,000 yards of the festival site. Any denial shall set forth in detail the specific grounds therefor. The applicant shall have fifteen (15) days after the receipt of such denial or such additional time as the Board of Commissioners shall grant to correct the deficiencies set forth and the Board of Commissioners shall within fifteen (15) days after receipt of such corrections either approve or deny the permit. Any denial shall set forth in detail the specific grounds therefor.

Any property owner within 1,000 yards of the festival site may also, within fifteen (15) days after issuance of the permit, request a review of the decision by the Board of Commissioners. The review process shall be similar to those outlined below.

If the applicant has made the required corrections and the Board of Commissioners has thereafter again denied the permit, the applicant may within five (5) days after receipt of such second denial seek judicial review of such denial by filing a petition in the Superior Court for the County of the Board of Commissioners. The review shall take precedence over all other civil actions and shall be conducted by the court without a jury. The court shall, upon request, hear oral argument and receive written briefs and shall either affirm the denial or order that the permit be issued. An applicant may not use any other procedure to obtain judicial review of a denial.

15.08.060 Reimbursement of expenses incurred in reviewing request.

Any local agency requested by an applicant to give written approval as required by this chapter may within fifteen (15) days after the applicant has filed his application apply to the Board of Commissioners for reimbursement of expenses reasonably incurred in reviewing such request. Upon a finding that such expenses were reasonably incurred the Board of Commissioners shall reimburse the local agency therefor from the funds of the permit fee. The Board of Commissioners shall prior to the first scheduled date of the festival return to the applicant that portion of the permit fee remaining after all such reimbursements have been made.

15.08.070 Cash deposit – Surety bond – Insurance.

After the application has been approved the promoter shall deposit with the Board of Commissioners, a cash deposit or surety bond. The bond or deposit shall be used to pay any costs or charges incurred to regulate health or to clean up afterwards outside the festival grounds or any extraordinary costs or charges incurred to regulate traffic, parking or other law enforcement services. The bond or other deposit shall be returned to the promoter when the Board of Commissioners is satisfied that no claims for damage or loss will be made against said bond or deposit, or that the loss or damage claimed is less than the amount of the deposit, in which case the uncommitted balance thereof shall be returned.

In addition, the promoter shall be required to furnish evidence that he has in full force and effect a liability insurance policy in an amount of not less than $100,000 bodily injury coverage per person covering any bodily injury negligently caused by any officer or employee of the festival while acting in the performance of his or her duties. The policy shall name Clallam County as an additional named insured.

In addition, the promoter shall be required to furnish evidence that he has in full force and effect a $500,000 liability property damage insurance policy covering any property damaged due to negligent failure by any officer or employee of the festival to carry out duties imposed by this chapter. The policy shall have Clallam County as an additional named insured.

15.08.080 Revocation of permits.

Revocation of any permit granted pursuant to this chapter shall not preclude the imposition of penalties as provided for in this chapter and the laws of the State of Washington. Any permit granted pursuant to the provisions of this chapter to conduct a festival shall be summarily revoked by the Board of Clallam County Commissioners when it finds that by reason of emergency, the public peace, health, safety, morals or welfare can only be preserved and protected by such revocation.

Any permit granted pursuant to the provisions of this chapter to conduct a festival may otherwise be revoked for any material violation of this chapter or the laws of the State of Washington after a hearing held upon not less than three (3) days’ notice served upon the promoter personally or by certified mail.

Every permit issued under the provisions of this chapter shall state that such permit is issued as a measure to protect and preserve the public peace, health, safety, morals and welfare, and that the right of the Board of Commissioners to revoke such permit is a consideration of its issuance.

15.08.090 Drugs prohibited.

No person, persons, partnership, corporation, association, society, fraternal or social organization to whom a festival permit has been granted shall, during the time an outdoor festival is in operation, knowingly permit or allow any person to bring upon the premises of said festival, any narcotic or dangerous drug as defined by Chapter 69.40 RCW, or knowingly permit or allow narcotic or dangerous drug to be consumed on the premises, and no person shall take or carry onto said premises any narcotic or dangerous drug.

15.08.100 Proximity to schools, churches, homes.

No festival shall be operated in a location where the stage or location of the performance(s) is closer than 1,000 yards from any schoolhouse, church, house, residence or other human habitation unless waived by occupants.

15.08.110 Age of patrons.

No person under the age of sixteen (16) years shall be admitted to any outdoor festival without the escort of his or her parents or legal guardian and proof of age shall be provided upon request.

15.08.120 Permits – Posting – Transferability.

Any permit granted pursuant to this chapter shall be posted in a conspicuous place on the site of the outdoor festival and such permit shall be not transferable or assignable without the consent of the Board of Clallam County Commissioners.

15.08.130 Penalty.

Any person who shall willfully fail to comply with the rules, regulations, and conditions set forth in this chapter or who shall aid or abet such violation or failure to comply, shall be deemed guilty of a gross misdemeanor; provided, that violation of a rule, regulation, or condition relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except that violation of a rule, regulation, or condition equivalent to those provisions of RCW Title 46 set forth in RCW 46.63.020 is a misdemeanor, and that drug or narcotics violations are crimes under RCW.

15.08.140 Inspection of books and records.

The Department of Revenue and/or the County Sheriff and/or the County Auditor shall be allowed to inspect the books and records of any outdoor festival during the period of operation of the festival and after the festival has concluded for the purpose of determining whether or not the tax laws of this state and Clallam County are complied with.

15.08.150 Firearms – Penalty.

It shall be unlawful for any person, except law enforcement officers, to carry, transport or convey, or to have in his possession or under his control any firearm while on the site of an outdoor festival.

Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 and not more than $200 or by imprisonment in the County Jail for not less than ten (10) days and not more than ninety (90) days or by both such fine and imprisonment.

15.08.160 Preparations – Completion requirements.

All preparations required to be made by the provisions of this chapter on the festival site shall be completed thirty (30) days prior to the first day scheduled for the festival. Upon such date or such earlier date when all preparations have been completed, the promoter shall notify the Board of Clallam County Commissioners thereof, and the issuing authority shall make an inspection of the festival site to determine if such preparations are in reasonably full compliance with plans submitted pursuant to this chapter. If a material violation exists the Board of Clallam County Commissioners shall move to revoke the festival permit in the manner provided for in this chapter.

15.08.170 General.

(1) The applicant or his designated agent shall familiarize himself with this chapter and shall maintain the festival site and facilities in a clean and sanitary condition. The applicant or his designated agent shall be on the site at all times and shall be responsible for the operation of the festival and compliance with these rules and regulations.

(2) When, in the opinion of the local health officer and/or Sheriff, a hazard to health or safety exists, or is developing, before, during or after the festival, that is not contemplated in these regulations, he may direct the applicant or his designated agent to take appropriate action to remedy the situation.

(3) The local health officer, in his discretion and with the concurrence of the Assistant Secretary, Washington State Department of Health Services, or the Sheriff, may waive, modify, or approve reasonable alternatives to any of the requirements of these regulations.

Chapter 15.16
FIREARMS DISCHARGE RESTRICTIONS

Sections:

15.16.010 Definitions.

15.16.020 Prohibited behavior in No Firearms Discharge Areas.

15.16.030 Prohibited behavior in Restricted Firearms Discharge Areas.

15.16.040 Creation, modification, or deletion of No Firearms Discharge Areas and/or Restricted Firearms Discharge Areas.

15.16.045 Property owner and shooter liable for injury and/or damage to property.

15.16.050 Violations – Misdemeanor – Penalty – Arrest.

15.16.060 Firearms discharge restrictions in unincorporated Clallam County including areas which are not designated a No Firearms Discharge Zone.

15.16.070 No Firearms Discharge Areas defined.

15.16.080 Restricted Firearms Discharge Areas defined.

15.16.090 Statutory references for general information.

15.16.100 Severability.

15.16.110 Repealer.

15.16.120 Effective date.

SOURCE: ADOPTED:

Ord. No. 626, 1997 09/16/97

AMENDED SOURCE: ADOPTED:

Ord. No. 764, 2004 11/02/04

Ord. No. 773, 2005 04/26/05

Ord. No. 781, 2005 10/11/05

15.16.010 Definitions.

(1) “Firearm” means a device from which a projectile or projectiles may be propelled through a barrel by use of an explosive such as gunpowder. “Firearm” does not include devices from which a projectile is propelled through a barrel through the use of air or other compressed gas.

(2) “Muzzleloader” means a firearm loaded through the muzzle.

(3) “Pistol” means any firearm with a barrel less than twelve (12) inches in length, or that is designed to be held and fired by the use of a single hand.

(4) “Rifle” means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of an explosive to propel a single projectile through the barrel for each single pull of the trigger, not including primitive firearms loaded through the muzzle.

(5) “Shotgun” means a firearm with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of an explosive to propel a number of projectiles or a single projectile through the barrel for each single pull of the trigger.

(6) “Bow” means an instrument strung with a string or other material forming a string or line which is designed to launch a projectile.

(7) “Crossbow” means the common meaning of a crossbow whether commercially manufactured or produced otherwise.

(8) “Shooting range” means a facility designed and constructed to allow for the safe discharge of firearms and which includes manmade or natural barriers capable of containing the projectiles within its boundaries.

15.16.020 Prohibited behavior in No Firearms Discharge Areas.

(1) Unless otherwise defined in the description of a specific No Firearms Discharge Area, it shall be unlawful for any person, while within or shooting into the boundaries of a designated No Firearms Discharge Area to:

(a) Discharge a firearm except as specifically authorized and defined in the description of the particular No Firearms Discharge Area contained in CCC 15.16.070 and Addendum A.

(2) Nothing in this chapter is meant to exclude the following:

(a) The use of firearms pursuant to RCW 16.08.020 (marauding dogs or predators injuring livestock).

(b) The use of firearms to lawfully slaughter farm animals.

(c) The lawful use of force by citizens, or the lawful use of a firearm by a law enforcement officer in the performance of his/her duties.

(d) The continued operation of legally established private or public gun club facilities or commercial shooting ranges which were established and operating prior to the enactment of the No Firearms Discharge Area or the development of indoor/underground ranges constructed in compliance with zoning and building regulations.

(e) The discharge of firearms on property of ten (10) acres or more when it is established by the property owner at the time of creation of the No Firearms Discharge Zone that the property has in place natural or manmade ground contours, berms, steel plate with sand trap, fiber containment device, or other containment device designed to reasonably ensure that any projectile fired from firearms types proposed by the owner is contained within the property boundaries, and the property is being actively used for target practice and/or sighting in of weapons. Unsuitable backstops include but are not limited to trees, stumps, vehicle hulks, stone or gravel piles. Discharge of firearms on such property shall be subject to the following conditions:

(i) Only the landowner and/or individuals with the landowner’s written permission may discharge firearms. Safety of shooters and containment of projectiles is the responsibility of the property owner and/or shooter.

(ii) Individuals discharging firearms must be adults or under the direct supervision of a responsible adult.

(iii) Any discharge of firearms will be conducted between 9:00 a.m. and dusk and shall be for the purposes of target practice or sighting of such weapons, not for firing at or hunting of animals.

15.16.030 Prohibited behavior in Restricted Firearms Discharge Areas.

(1) It shall be unlawful for any person, while within or shooting into the boundaries of a designated Restricted Firearms Discharge Area, to engage in unlawful behavior or acts as defined in the description of the Restricted Firearms Discharge Area contained in CCC 15.16.080.

(2) Nothing in this chapter is meant to exclude the following:

(a) The use of firearms pursuant to RCW 16.08.020 (marauding dogs or predators injuring livestock).

(b) The use of firearms to lawfully slaughter farm animals.

(c) The lawful use of force by citizens, or the lawful use of a firearm by a law enforcement officer in the performance of his/her duties.

(d) The continued operation of legally established private or public gun club facilities or commercial shooting ranges which were established and operating prior to the enactment of the No Firearms Discharge Area or the development of indoor/underground ranges constructed in compliance with zoning and building regulations.

(e) The discharge of firearms on property of ten (10) acres or more when it is established by the property owner at the time of creation of the Restricted Firearms Discharge Zone that the property has in place natural or manmade ground contours, berms, steel plate with sand trap, fiber containment device, or other containment device designed to reasonably ensure that any projectile fired from firearms types proposed by the owner is contained with the property boundaries, and the property is being actively used for target practice and/or sighting in of weapons. Unsuitable backstops include but are not limited to trees, stumps, vehicle hulks, stone or gravel piles. Discharge of firearms on such property shall be subject to the following conditions:

(i) Only the landowner and/or individuals with the landowner’s written permission may discharge firearms. Safety of shooters and containment of projectiles is the responsibility of the property owner and/or shooter.

(ii) Individuals discharging firearms must be adults or under the direct supervision of a responsible adult.

(iii) Any discharge of firearms will be conducted between 9:00 a.m. and dusk and shall be for the purposes of target practice or sighting of such weapons, not for firing at or hunting of animals.

15.16.040 Creation, modification, or deletion of No Firearms Discharge Areas and/or Restricted Firearms Discharge Areas.

(1) The creation, dissolution, or modification of the boundaries of an existing discharge area or restrictions within an existing area may be initiated by petition or by Board proposal. Petitions requesting the Clallam County Commissioners to create a No Firearms Discharge Area or Restricted Firearms Discharge Area or to dissolve an existing area or modify the boundaries of an existing area shall be filed with the clerk of the Clallam County Commissioners. Petitions shall contain the signatures of at least fifty (50) percent plus one of the owners of real property in the area under consideration. In the case of a request to modify the boundaries of an existing area, signatures shall only be required from within the area to be added or deleted. Verification of signatures shall be accomplished by the auditor.

(2) Petitions submitted to the Board of Clallam County Commissioners shall contain, at a minimum, the following information:

(a) The description of the property to be designated or undesignated and a sketch of the proposed boundaries. The description shall include a map which depicts parcels and parcel sizes within the proposed boundaries. Parcels within the proposed boundary shall be contiguous.

(b) The name, address, telephone number, and tax parcel number of the primary sponsor of the proposal.

(c) The name, address, and tax parcel number of each property owner signing the petition, and each owner of property within the proposal.

(d) The type or types of firearms that the petition seeks to have restricted from use, modified for use, or unrestricted from use.

(e) If the petition is for establishment or alteration of a Restricted Firearms Discharge Area, the specific restrictions and acts or omissions to be designated as unlawful or restrictions, acts, or omissions to be altered.

(f) If the petition proposes that shooting (exemption) be allowed on parcels larger than a minimum designated size, the petition shall include the recommended minimum parcel size and the types of firearms for which discharge will be allowed. Any such exemptions shall be made with the following conditions:

(i) Only the landowner and/or individuals with the landowner’s written permission may discharge firearms. Safety of shooters and containment of projectiles is the responsibility of the property owner and/or shooter.

(ii) Individuals discharging firearms must be adults or under the direct supervision of a responsible adult.

(iii) Any discharge of firearms will be conducted between 9:00 a.m. and dusk and shall be for the purposes of target practice or sighting of such weapons, not for firing at or hunting of animals.

(iv) Any exempted property must have natural or manmade ground contours, berms, steel plate with sand trap, fiber containment device, or other containment device designed to reasonably ensure that any projectile fired is contained with the property boundaries. Unsuitable backstops include but are not limited to trees, stumps, vehicle hulks, stone or gravel piles.

(3) At the first regular meeting following verification of the petition or upon proposal by the Board of Clallam County Commissioners, the Board shall call for a public hearing on the proposal. Notice of public hearing shall be given by publication of a notice in a newspaper of general circulation in the County at least once, not less than ten (10) days prior to the date set for the hearing.

(4) At the public hearing proponents and opponents of the proposal or those who desire to modify either boundaries or restrictions in the proposal shall be given the opportunity to provide testimony. In addition, property owners claiming exemption under CCC 15.16.020(2)(d) or (e) or 15.16.030 (2)(d) or (e) shall provide testimony or other documentation in support of their claim.

(5) After the public hearing is closed, the Board of Clallam County Commissioners shall establish the proposed No Firearms Discharge Area or Restricted Firearms Discharge Area if it determines the proposal meets the following criteria:

(a) The proposed No Firearms Discharge Area or Restricted Firearms Discharge Area is a minimum of twenty (20) acres in area and contains at least twenty (20) legal lots of record, as defined by CCC Title 33, Zoning.

(b) The population density of the proposed No Firearms Discharge Area or Restricted Firearms Discharge Area is such that discharging firearms significantly increases danger to the safety of the general public and other property owners within the area.

(c) The proposed area is zoned for five (5) acres or less parcel size or the average size of lots within the proposed No Firearms Discharge Area or Restricted Firearms Discharge Area is five (5) acres or less in size.

(6) At the conclusion of the hearing the Board may:

(a) Approve or disapprove the creation of the No Firearms Discharge Area or Restricted Firearms Discharge Area;

(b) Adjust the boundaries of the proposed area;

(c) Modify the restrictions within the proposed area;

(d) Recognize and establish properties qualifying for exemption under CCC 15.16.020(2)(d) or (e) or 15.16.030(2)(d) or (e);

(e) Establish exemptions under subsection (2)(f) of this section.

(7) For all Restricted Firearms Discharge Areas and/or No Firearms Discharge Areas created on or after the effective date of the ordinance codified in this chapter, the primary sponsor shall cause to be posted and maintained at or near the boundary along all roadways used by the public for ingress and egress an appropriately sized sign which contains the language indicated below. Owners of property on the perimeter of a designated area may post their section of the boundary, at their option, with like signs. The signs shall read:

Restricted Firearms Area (or)

No Firearms Discharge Area

The use of firearms within this area is limited pursuant to Clallam County Code Chapter 15.16. Contact the Sheriff’s Office for additional information. It is unlawful to deface or remove this sign.

It shall be unlawful for any person(s) to deface or remove any sign placed pursuant to this chapter. All provisions of this chapter shall be enforceable regardless of the presence or absence of signs.

15.16.045 Property owner and shooter liable for injury and/or damage to property.

Property owners are responsible to ensure that projectile containment devices and/or natural contours or berms are sufficient to contain projectiles fired on their property. Damage or injury caused by inadequate backstops or containment devices is the responsibility of the property owner.

Shooters are responsible to have knowledge of and practice proper safety protocols. Damage or injury caused by failure to follow safety procedures is the responsibility of the shooter.

By establishing an exemptions under CCC 15.16.020(2)(d) or (e), 15.16.030(2)(d) or (e), or 15.16.040(2)(f), the County does not certify the sufficiency of projectile containment features or devices on the property or safety practices and assumes no liability for injury to persons or damage to property resulting from shooting.

15.16.050 Violations – Misdemeanor – Penalty – Arrest.

(1) Any person who violates the provisions of this chapter is guilty of a misdemeanor.

(2) Penalties – Criminal – Misdemeanor. The first offense for violation of this chapter shall be punishable by a penalty of up to $250. The second offense for violation of this chapter shall be punishable by a penalty of up to $500. The third offense for violation of this chapter is punishable by a penalty of up to $1,000 and/or imprisonment not to exceed ninety (90) days.

(3) Any peace officer, as defined by RCW 9A.04.110(15), having information to support a reasonable belief that a person has committed a violation of this chapter has the authority to cite the person.

15.16.060 Firearms discharge restrictions in unincorporated Clallam County including areas which are not designated a No Firearms Discharge Zone.

In all areas of Clallam County it is unlawful to discharge a weapon within 300 feet of any building normally occupied by people or domestic animals or any building used for storage of flammable or combustible materials; provided, that the above-referenced distance shall not be less than 200 feet when the weapon being discharged is a shotgun, except that this restriction shall not apply to a person who is on his or her own property or has written permission from the owner, providing the building is on that property and under the same ownership, and the discharge of such firearms and the trajectory of any projectile is restricted to said property.

15.16.070 No Firearms Discharge Areas defined.

A No Firearms Discharge Area(s) is established, comprising the area(s) described and incorporated herein as Addendum A.

15.16.080 Restricted Firearms Discharge Areas defined.

A Restricted Firearms Discharge Area(s) is established, comprising the area(s) described and incorporated herein as Addendum B, and within the boundaries of which, in addition to the restrictions contained in CCC 15.16.060, the specifically described firearms discharge restrictions shall apply.

15.16.090 Statutory references for general information.

The provisions of RCW 9A.48.070, 9A.48.080, 9A.48.090, 9.41.230, 9.41.240, 9.41.260, 9.41.270, 77.12.315, 77.16.260, WAC 232-12-047 to 232-12-051, and WAC 232-12-244 to 232-12-247 as amended, all of which regulate the discharge of firearms, are referenced for general information purposes.

15.16.100 Severability.

Should any section, subsection, paragraph, sentence, clause or phrase of any of the sections of CCC Title 15 be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the chapter.

15.16.110 Repealer.

Ordinances No. 20, 1967; No. 23, 1967; No. 24, 1967; No. 47, 1973; No. 140, 1981; and any former ordinances or amendments or portion thereof conflicting or inconsistent with the provisions of this chapter are hereby repealed; provided, that prosecution for any violation of these ordinances occurring prior to the effective date of this chapter provision shall not be affected or abated.

15.16.120 Effective date.

This chapter will take effect ten (10) days after adoption.

ADDENDUM A

NO DISCHARGE AREA 1
(Bell Hill, Happy Valley)

That area within Clallam County bounded on the north by the City of Sequim; on the east by Palo Alto Road south from Highway 101 to the South Section Line of Section 33, Township 30 North, Range 3 W.W.M.; west along the South Section Line of Section 33 to Johnson Creek; south along Johnson Creek to the east-west mid-line of Section 4 of Township 29 North; west to the East Section Line of Section 5, north for one-half (1/2) mile to Happy Valley Road; west one (1) mile along the South Section Line of Section 31, Township 30 North; north along the West Section Line of Section 31 to Happy Valley Road, west along Happy Valley Road to River Road, and north along River Road to Sequim City Limits. This area includes portions of Sections 20, 27, 28, 29, 30, 34, and 36, and all of Sections 31, 32, and 33 of Township 30 North, Range 3 W.W.M., and a portion of the north half of Section 4 and all of the north half of Section 5, Township 29 North, Range 3 W.W.M., as depicted on the attached map.

Additional Restricted Activity: Use a bow, crossbow, or similar device to launch a projectile(s).

NO DISCHARGE AREA 2

(Sunland)

Sunland and surrounding area contained within Clallam County Range 3, Township 30, Section 8, as depicted on the attached map. The boundaries are also approximately described as bounded on the west by Sequim-Dungeness Way, from its intersection with Woodcock Road, south to Medsker Road, then east along Medsker Road to Harriette Lane, then east along Harriette Lane to its end, then continuing east to the southeast corner of Clallam County Range 3, Township 30, Section 8, then north along the east line of Clallam County Range 3, Township 30, Section 8 to its intersection with Holland Road, then north along Holland Road to Woodcock Road, then west along Woodcock Road to its intersection with Sequim-Dungeness Way.

Additional Restricted Activity: Use a bow, crossbow, or similar device to launch a projectile(s).

NO DISCHARGE AREA 3

(Maletti Hill)

That portion of the NW corner of the NW corner of Section 3, Township 29N, Range 5 W.W.M. lying west of Bagley Creek, and that portion of Section 4, Township 29N, Range 5 W.W.M., lying south of Township Line Road, East of Deer Park Road, and West of Bagley Creek, excluding the west half of the Southwest Corner of said section, and excluding that portion of parcel 052904118210 lying OUTSIDE of the northwest corner of said section.

NO DISCHARGE AREA 4

(Quillayute Airport)

Beginning at the corner common to Sections 12 and 13, Township 28 North, Range 15 West, W.M., and Sections 7 and 18, Township 28 North, Range 14 West, W.M.; thence North 0° 07' 39" East a distance of 2,306.39 feet to a brass monument AP47 and the true point of beginning of this description; thence North 36° 30' West a distance of 931.41 feet; thence North 53° 30' East a distance of 91.05 feet; thence North 44° 35' West a distance of 3502.65 feet; thence North 31° 08' East a distance of 2601.88 feet; thence South 28° 25' East a distance of 4502.69 feet; thence North 53° 30' East a distance of 128.48 feet; thence South 36° 30' East a distance of 1626.5 feet to a brass monument AP47D; thence South 36° 47' 25" East a distance of 2239.3 feet; thence North 58° 55' East a distance of 4420.0 feet; thence North 89° 59' East a distance of 47.1 feet; thence South 0° 01' 41" West a distance of 1205.5; thence West a distance of 425.5 feet; thence South a distance of 488.9 feet to monument AP4; thence East 67.5 feet to monument AP3; thence South a distance of 424.64 feet; thence on the centerline of the county road South 63° 34' 40" West for 228.91 feet; thence around a 1° curve to the left with a central angle of 10° 40' 20" for 1067.23 feet; thence South 52° 54' 20" West a distance of 320.84 feet; thence around a 1° curve to the left with a central angle of 1° 52' 50" a distance of 188.06 feet; thence South 51° 01' 30" West a distance of 45 feet; thence North 88° 48' West 37.9 feet to the edge of the county road and the corner of Parcel 3 belonging to Quillayute School District No. 402; thence North 88° 48' West a distance of 286.0 feet; thence South 66° 02' West a distance of 523.1 feet; thence South 03° East a distance of 486.6 feet to the northerly boundary of the county road; thence North 42° 17' 20" East a distance of 70.0 feet; thence South 37° 06' 30" East a distance of 285.0 feet; thence South 36° 30' East a distance of 748.77 feet; thence South 53° 30' West a distance of 131.12 feet; thence South 44° 35' East a distance of 1502.29; thence South 53° 30' West a distance of 1710.12 feet; thence North 28° 25' West a distance of 1502.25 feet; thence South 53° 30' West a distance of 81.24 feet; thence North 37° 06' 30" West a distance of 1008.0 feet to the center of a county road; thence along the centerline of the county road South 69° 54' 30" West a distance of 150 feet; thence around a 10° curve to the left with a central angle of 19° 17' 20" a distance of 192.89 feet; thence South 50° 37' 10" West a distance of 1057.93 feet; thence around a 6° curve to the right with a central angle of 39° 48' 20" a distance of 663.43 feet; thence North 89° 34' 30" West a distance of 968.08 feet; thence leaving the county road South 58° 55' West a distance of 1466 feet; thence North 89° 20' 09" West a distance of 600.13 feet to a monument AP24A; thence North 0° 05' 56" East a distance of 1099.97 feet to a monument AP39; thence South 89° 20' 11" East a distance of 428.66 feet to a monument AP40; thence North 0° 05' 56" East a distance of 527.4 feet; thence North 58° 55' East a distance of 3455.59 feet; thence North 37° 06' 30" West a distance of 2740.9 feet to monument AP47 and the true point of beginning.

EXCLUDING, that portion of the above description that lies North of the southern bank of the Dickey River; and

EXCLUDING, that portion of the above description that lies South of the southern edge of the Quillayute Prairie Road (as owned and dedicated to Clallam County).

ADDENDUM B

RESTRICTED SHOOTING AREA 1
(North of 101)

The area north of Highway 101, and bounded on the west by the Elwha River, on the south by Highway 101, on the east by the east county line, and on the north by the Strait of Juan de Fuca.

Restricted Activity: It is unlawful to discharge, fire or shoot rifles, pistols or firearms of any type whatsoever, except for the use of shotguns, for hunting purposes with either shot or ball.

RESTRICTED SHOOTING AREA 2
(Elwha River Mouth)

Lands in Township 31 North, Range 7 West, Willamette Meridian, immediately to the east of the mouth of the Elwha River that are zoned R1 and/or RCC5, in Sections 27, 28, the north-east quarter of 33 and the north-west quarter of 34, and bordered on the east by the Elwha River and on the north by the Strait of Juan de Fuca, as depicted on the attached map.

Restricted Activity: It is unlawful to discharge, fire or shoot rifles, pistols or firearms of any type whatsoever, except for the use of shotguns, for hunting purposes with either shot or ball.

Chapter 15.17
FIREARMS, EXEMPTION FROM RCW 9.41.050(4)

Sections:

15.17.010 Purpose.

15.17.020 Exemption from RCW 9.41.050(4).

15.17.030 Effective date.

SOURCE: ADOPTED:

Ord. No. 552, 1994 07/12/94

15.17.010 Purpose.

Clallam County is a jurisdiction where hunting, fishing and other outdoor recreational pursuits are popular and an integral part of our culture and economy. Shooting is an important component of outdoor recreation in Clallam County. Hunting and target rifles have been carried responsibly and openly by our citizens on rifle racks for many years and the Commissioners find no reason why this practice should not continue. RCW 9.41.050 has been amended by Laws of 1994, First Special Session, Chapter 7, adding a subsection (4) to prohibit the carrying of rifles openly in a vehicle, which would end this common practice. A new subsection (6) of RCW 9.41.050 empowers the Clallam County Commissioners to exempt Clallam County from the prohibition set forth in RCW 9.41.050(4).

15.17.020 Exemption from RCW 9.41.050(4).

The jurisdiction of Clallam County is and shall be exempt from the prohibitions set forth in RCW 9.41.050(4) as presently enacted and as may be hereafter modified or recodified. This exemption is enacted pursuant to RCW 9.41.050(6).

15.17.030 Effective date.

This chapter shall be effective ten (10) days after approval by the Board of Commissioners.

Chapter 15.20
UNATTENDED CHILDREN

Sections:

15.20.010 Generally.

15.20.020 Penalty.

SOURCE: ADOPTED:

Ord. No. 27, 1968 05/31/68

15.20.010 Generally.

It shall be unlawful for any person having in his custody, or under his control, as parent, guardian or otherwise, any child under the age of twelve (12) years to place or leave said child unattended by a competent or responsible person in a car, home or under any other circumstances whereby said child may be in danger or suffer through want of attention to its needs.

15.20.020 Penalty.

Any person violating the provisions of CCC 15.20.010 shall be punished by a fine not to exceed $100 or be imprisoned in Clallam County Jail not to exceed thirty (30) days or by both such fine and imprisonment.

Chapter 15.22
CURFEW

Sections:

15.22.010 Hours – Age fourteen (14).

15.22.020 Hours – Age eighteen (18).

15.22.030 Exceptions.

15.22.040 Enforcement – Child.

15.22.050 Responsibility of parent or guardian.

SOURCE: ADOPTED:

Ord. No. 2, 1959 08/20/59

15.22.010 Hours – Age fourteen (14).

It shall be unlawful for any child under the age of fourteen (14) years to be upon the public highways, roads and places in Clallam County between the hours of 9:30 p.m. and 6:00 a.m. unless accompanied by the parent, guardian or other person having legal custody and control of said child.

15.22.020 Hours – Age eighteen (18).

It shall be unlawful for any child under the age of eighteen (18) years to be upon any public highways, roads and places in Clallam County between the hours of 10:30 p.m. and 6:00 a.m. on nights prior to days when school is in session, and between the hours of 12:30 a.m. and 6:00 a.m. on other nights, unless accompanied by the parent, guardian or other person having legal custody and control of said child.

15.22.030 Exceptions.

The restrictions in CCC 15.22.010 and 15.22.020 shall not apply to children on their way home from school-sponsored social or athletic activities, nor from evening activities and meetings of recognized organizations established for the training and betterment of youth, nor shall they apply to children going to and returning from legal employment.

15.22.040 Enforcement – Child.

It shall be the duty of the Sheriff’s Department of Clallam County upon finding a child willfully violating the provisions of this chapter to, upon the first violation, immediately return said child to his home and warn him and his parents, or legal custodian of the provisions hereof. Upon second and subsequent violations said child shall be referred to the Juvenile Department of the Superior Court of Clallam County for appropriate action.

15.22.050 Responsibility of parent or guardian.

It shall be unlawful for any person, being the parent, guardian or having the custody and control of any child under the age of eighteen (18) years, to willfully encourage, cause or permit said child to violate the provision of this chapter, and upon conviction thereof, said parent, guardian or custodian shall be subject to a fine for the first offense in the sum of not more than $25, and for subsequent offenses in the sum of not more than $50.

Chapter 15.24
MINORS – INTOXICATING LIQUOR

Sections:

15.24.010 Unlawful furnishing, possession and consumption.

15.24.020 Penalty.

15.24.030 Possession of liquor.

15.24.040 Minor in public place after having consumed liquor.

SOURCE: ADOPTED:

Ord. No. 12, 1964 02/05/64

AMENDED SOURCE: ADOPTED:

Ord. No. 344, 1989 02/21/89

15.24.010 Unlawful furnishing, possession and consumption.

Except in the case of liquor given to a person under the age of twenty-one (21) years by his parent, guardian, physician or dentist for medicinal purposes, no person shall give or otherwise supply liquor to any person under the age of twenty-one (21) years or permit any person under that age to consume liquor on his premises or on any premises under his control, and it shall be unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase, consume or possess intoxicating liquor as defined in RCW 66.04.010 through 66.04.380.

15.24.020 Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be subject upon conviction to a fine of not more than $100 or imprisonment for not more than thirty (30) days in the Clallam County Jail for each such violation.

15.24.030 Possession of liquor.

(1) For purposes of this chapter only, in addition to its ordinary and customary usage, “possession of liquor” includes the presence of alcohol in a person’s bloodstream.

(2) For purposes of this chapter only, “consume” not only includes the putting of liquor to any use, whether by drinking or otherwise, but also includes the process of assimilating alcohol into the bloodstream.

15.24.040 Minor in public place after having consumed liquor.

It is unlawful for any person under the age of twenty-one (21) years to be or remain in any public place after having consumed liquor while another can detect, sense or observe symptoms indicating that the person presently has alcohol in his bloodstream or is in the process of assimilating alcohol into his bloodstream.

Chapter 15.26
SOLVENT INHALATION

Sections:

15.26.010 General provision.

15.26.020 Evidence – Intent.

15.26.030 Penalty.

SOURCE: ADOPTED:

Ord. No. 29, 1969 03/14/69

15.26.010 General provision.

It shall be unlawful for any person to smell or inhale, for the purpose of becoming intoxicated, inebriated, excited or stupefied, the fumes from any glue, cement, or any other adhesive containing one or more of the following chemical compounds: acetone, acetate benzine, butyl alcohol, ethyl alcohol, anthylene, dicloride, isopropyl alcohol, methyl ethyl ketone, pentacholoraphanol, petroleum ether, or toluene; provided, however, that this chapter shall never be construed as prohibitive of the inhalation of any anesthetic for medical or dental purposes.

15.26.020 Evidence – Intent.

Any probative evidence relevant, competent and material offered at a trial for the violation of this chapter shall be deemed and considered prima facie of intent upon the part of the accused to induce intoxication, inebriation, excitement or stupefaction.

15.26.030 Penalty.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $500 or by imprisonment in the County Jail for not more than six (6) months.

Chapter 15.27
FALSE ALARMS

Sections:

15.27.010 Purpose.

15.27.020 Definitions.

15.27.030 Emergency response card.

15.27.040 Audible alarms – Nuisance.

15.27.050 Fees – Corrective actions – Disconnection.

15.27.060 Petition – Service.

15.27.070 Hearing – Default.

15.27.080 Payment of fees required.

15.27.090 Automatic dialing device – Certain interconnections prohibited.

15.27.100 Automatic reset required.

15.27.110 Tampering with alarm systems.

15.27.120 Other false alarms.

15.27.130 Penalties.

15.27.140 Severability.

15.27.150 Effective date.

SOURCE: ADOPTED:

Ord. No. 269, 1985 07/23/85

15.27.010 Purpose.

It is the intent of this chapter to reduce the number of false alarms occurring within the County of Clallam and the resulting waste of County resources, and to reduce the dangers inherent in emergency response, by providing for corrective administrative action, including fees and potential disconnection and criminal penalties.

15.27.020 Definitions.

(1) “Automatic dialing device” means a device which is interconnected and is programmed to select predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for an emergency response.

(2) “Sheriff” includes the Sheriff of Clallam County and/or his designee.

(3) “False alarm” means the activation of a burglary, robbery, fire or other emergency alarm by other than a forced entry, attempted forced entry, unlawful entry, or actual robbery or attempted robbery on the premises, and at a time when no robbery, burglary, or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted upon the premises. “False alarm” further includes the activation of an alarm device at a time when no fire exists on the premises or at a time when no threatened fire involving a foreseeable risk of grievous bodily harm to property damage is present on the premises. “False alarm” further includes the activation of any other emergency assistance request device at any time when there is no foreseeable risk of grievous bodily harm to any person upon the premises or property damage upon the premises from which said alarm is activated.

(4) “Fire Marshal” shall be the Fire Marshal of Clallam County and/or his designee.

(5) “Interconnect” means to connect an alarm system, including an automatic dialing device, either directly or through a mechanical device for the purpose of transmitting a message upon the activation of an alarm system.

(6) “Owner” means the person having or maintaining the alarm on premises owned and/or occupied by him.

(7) “Person” means any natural person, partnership, joint stock company, unincorporated association or society, or corporation of any character whatsoever.

(8) “Response” shall be deemed to have occurred when the Sheriff’s Department or any fire department, as the case may be, begins to proceed towards the premises as the result of an activation of an alarm.

(9) “Service,” or its derivatives, shall be construed to mean personal service or service by certified mail, return receipt requested.

15.27.030 Emergency response card.

It is unlawful, and shall be declared a misdemeanor, to have or maintain on any premises burglary or robbery, fire or other emergency alarm or alarm system unless there is on file with the Clallam County Sheriff’s Department an emergency response card containing the name(s), address(es) and current telephone number or numbers of person(s) authorized to enter said premises and turn off any alarm. Such emergency response card may be in such form as prescribed by the Sheriff or his designee.

15.27.040 Audible alarms – Nuisance.

Any alarm audible on abutting property for a period in excess of fifteen (15) minutes is hereby declared to be a public nuisance and may be summarily abated at the discretion of the Sheriff or the Chief of the Fire Department.

15.27.050 Fees – Corrective actions – Disconnection.

For County response to any false alarms, the County of Clallam may petition for fees from the owner as follows:

(1) For a response to premises at which no other false alarm has occurred within the preceding 180-day period, hereinafter referred to as a “first response,” no fee shall be claimed.

Upon a second response, the Sheriff shall give notice of conditions and requirements of this chapter to the owner.

(2) For a third response to the premises within 180 days after the first response, the County of Clallam shall assess the owner a $25 response fee. Within five (5) working days after the notice to do so, owners shall make a written report to the Sheriff in the prescribed form setting forth:

(a) The cause of such false alarm;

(b) The corrective action taken;

(c) Whether and when such alarm has been inspected by authorized service personnel;

(d) Such other information as the Sheriff may reasonably require to determine the cause of such false alarm, any mitigating circumstances and the corrective action necessary.

The Sheriff may direct the owner to have authorized personnel inspect the alarm at such premises and/or take other corrective action. All costs of inspection and corrective action shall be borne by the owner.

(3) For the fourth response to the premises within 180 days after a second response, and for each succeeding response within 180 days of the most recent response, the County of Clallam shall assess the owner a $100 response fee. If said fourth false alarm or any succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed hereunder, the Sheriff may order the owner to disconnect such alarm until such time as verification of such corrective action is provided to the Clallam County Sheriff’s Department; provided, however, that no disconnect shall be ordered for any premises required by law or administrative regulation to have alarm system in operation.

(4) In the event the Sheriff or Fire Marshal determines that a false alarm occurred as a direct result of an interruption of electrical power, a telephone line malfunction, or a malfunction of the alarm equipment clearly beyond the control of the person having or maintaining such alarm on the premises owned or occupied by him, the County may waive any claims for fees. Such waiver shall be at the sole discretion of the Sheriff, or Fire Marshal, as the case may be.

15.27.060 Petition – Service.

A petition setting forth the claims for fees or an order of disconnection under the provisions of this chapter shall be served upon the person having or maintaining the alarm on premises owned or occupied by him; provided, that with respect to business premises, the owner, manager, or chief administrative agent regularly assigned and employed on the premises at the time of the occurrences of a false alarm shall be presumed to be the person having or maintaining said alarm on said business premises.

15.27.070 Hearing – Default.

Unless a written request for hearing on the petition is served upon the County Administrative Coordinator, and a copy served upon the Sheriff or Fire Marshal, as the case may be, within fifteen (15) days of service of the petition, the fees claimed in the petition shall become final.

15.27.080 Payment of fees required.

It shall be unlawful, and a misdemeanor, for any person to fail or refuse to pay any fees imposed under this chapter. In addition to institution of any criminal proceeding, the Administrative Coordinator may authorize the Clallam County prosecuting attorney to collect the fees by appropriate legal action, and in connection with any proceeding to collect fees, the owner, in addition to the fee imposed by this chapter, shall be responsible for a reasonable attorney’s fee and court costs.

15.27.090 Automatic dialing device – Certain interconnections prohibited.

(1) It is unlawful for any person to program an alarm automatic dialing device to select any telephone line assigned to the County of Clallam, and it is unlawful for any person to fail to disconnect or reprogram such device within twelve (12) hours of receipt of written notice from the Sheriff of Clallam County to disconnect or reprogram the automatic dialing device.

(2) Within sixty (60) days after the effective date of the ordinance codified in this chapter, all existing automatic dialing devices programmed to select a telephone line assigned in the County of Clallam shall be reprogrammed and/or disconnected.

15.27.100 Automatic reset required.

Within sixty (60) days after the effective date of the ordinance codified in this chapter, all alarms maintained on any premises in the County shall have an automatic reset device which will deactivate the alarm after fifteen (15) minutes of continuous operation. Any owner failing to install such an automatic reset device as required in this section shall be guilty of a misdemeanor.

15.27.110 Tampering with alarm systems.

(1) Tampering. It shall be unlawful and a misdemeanor for any person to tamper with or to cut, break, deface, or actuate any alarm device, wires, wires support or appurtenances thereto or to intentionally transmit an alarm knowing no emergency exists.

(2) Exception. Subsection (1) of this section shall not apply to County employees engaged in their official duties. Subsection (1) of this section further shall not apply to any competent representative of a manufacturer of burglary alarm equipment or alarm service company who, with the consent of the Sheriff, is modifying, adjusting, altering, or repairing, or replacing an alarm system or any of its component equipment; provided, that notice shall have first been provided to the Clallam County Sheriff’s Department.

(3) Subsection (1) of this section shall further not apply to any competent insurance rating engineer who is testing any system in discharge of his duties, with the consent of the Sheriff.

(4) Any person doing any work on an alarm system or auxiliary alarm system that may cause a signal to be transmitted to the County over any alarm system or network, shall notify the Sheriff before such work stating the time and place thereof.

15.27.120 Other false alarms.

Any person who shall intentionally give, make or turn in a false alarm of fire, or of the need for police, ambulance, or other emergency assistance, knowing such alarm to be false, or making the same with reckless disregard to the true conditions, and any person aiding or abetting another in the commission of such act, shall be guilty of a misdemeanor.

15.27.130 Penalties.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and may be punished in such manner as provided for misdemeanors pursuant to State statute.

15.27.140 Severability.

If any section, subsection, word or phrase of this chapter is declared invalid as to any person by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this chapter or the chapter’s applicability to any other person.

15.27.150 Effective date.

This chapter shall be in full force and effect after publication as provided by law.

Chapter 15.27A
MALT LIQUOR DISTRIBUTION

Sections:

15.27A.010 Definitions.

15.27A.020 Sale of malt liquor.

15.27A.030 Purchaser’s duty.

15.27A.040 Declaration and receipt.

15.27A.050 Penalty.

15.27A.060 Severability.

SOURCE: ADOPTED:

Ord. No. 290, 1986 06/03/86

Code Reviser’s Note: Ord. No. 290, 1986 was passed as Chapter 15.27 CCC. However, this was a duplication of numbering. Chapter 15.27 CCC was previously established by Ord. No. 269, 1985, False Alarms. Therefore, this chapter was changed to Chapter 15.27A CCC to differentiate between the chapters.

15.27A.010 Definitions.

“Malt liquor” includes, but is not limited to, beer, strong beer, ale, stout and porter.

15.27A.020 Sale of malt liquor.

Any person who sells or offers for sale the contents of kegs or any other container containing four (4) gallons or more of malt liquor, or leases kegs or other containers which hold four (4) gallons or more of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW shall:

(1) Require the purchaser to sign a triplicate receipt for the keg or container or the contents thereof and provide the following:

(a) Two (2) pieces of identification, one of which is a motor vehicle operator’s license or a Washington State Identification Card;

(b) The particular address where the keg or container will be physically located and consumed;

(c) (i) A sworn statement, under penalty of perjury, that the purchaser is of legal age to purchase, possess, or use malt liquor;

(ii) That the purchaser will not allow any person under the age of twenty-one (21) years to consume the beverage except as provided in RCW 66.44.270;

(iii) That the purchaser will not remove or obliterate or allow to be removed or obliterated, the identification number label affixed to the container or keg.

(2) Record the identification of the keg or container in the following manner for the purpose of tracing the item if the contents are consumed in violation of this code:

(a) Affix to each keg or container a numbered label, hereafter referred to as the identification number;

(b) Record the serial number of the keg or container and the identification number on the receipt.

(3) The original copy of the receipt shall be retained for a period of ninety (90) days, subject to inspection by the Clallam County Sheriff’s Department. A second copy of the receipt shall be provided to the purchaser, and the third copy of the receipt shall be provided to the Clallam County Sheriff’s Department within seven (7) days of the date of purchase.

(4) Notify the Clallam County Sheriff’s Department immediately in the event a keg or container purchase exceeds sixteen (16) gallons or more of malt liquor to one purchaser. The seller will provide the purchaser’s name, address and driver’s license number to the Sheriff’s Department.

15.27A.030 Purchaser’s duty.

Any person who purchases the contents of kegs or other containers containing four (4) gallons or more of malt liquor, or purchases or leases a keg or container which holds four (4) or more gallons of malt liquor shall:

(1) Be of legal age to purchase, possess or use malt liquor;

(2) Not allow any person under the age of twenty-one (21) years to consume the beverage except as provided in RCW 66.44.270;