Title VI
POLICE REGULATIONS

1 Junk Vehicles Or Abandonment Of Vehicles

2 Air Guns

3 Burglar Alarms

4 Alcohol Consumption On City Streets And Property

5 Animal Cruelty

6 Animals And Fowl At Large

7 Boat Speed On Cedar River

8 Cabaret Regulations

9 Children, Unattended

10 Criminal Code

11 Delinquency

12 Drug Paraphernalia, Sales Or Use

13 Drug Sales Or Use (Rep. by Ord. 4463,
7-25-94, eff. retroactive to 7-1-94)

14 Litter

15 Massage Business

16 Oversize Loads

17 Pawnbrokers

18 Penal Code

19 Plastic Bags

20 Secondhand Dealers

21 Security Patrolmen And Private Detectives

22 Snap Blade Knives

23 State Laws Adopted By Reference (Offenses
On School Grounds, Custodial Interference,
Restraining Orders And DUI) (Rep. by
Ord. 4674, 7-28-97)

24 Taxicab Regulations And For-Hire Drivers

25 Pedestrian Interference

26 Bicycle Helmets

27 Shopping Cart Regulation

28 Race Attendance

CHAPTER 1
JUNK VEHICLES OR ABANDONMENT OF VEHICLES

SECTION:

6-1-1: Purpose

6-1-2: Definitions

6-1-3: Junk Vehicle Or Vehicle Hulks On Private Property Regulated

6-1-4: Abandonment Of Vehicle Or Vehicle Hulks On Streets, Highways Or City Property Regulated

6-1-5: Severability

6-1-1 PURPOSE:

The purpose of this Chapter is to preserve the health, safety, welfare, and character of the City’s neighborhoods and to reduce blight by eliminating as nuisances junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240 and RMC 1-3-3G, as now worded or hereafter amended. It is a further purpose of this Chapter to provide a procedure for handling the abandonment of vehicles or vehicle hulks from public property. (Ord. 5129, 3-14-05)

6-1-2 DEFINITIONS:

DISMANTLED: A vehicle that is in parts or pieces such that it is apparently inoperable or unable to be lawfully operated upon public roads or highways.

INOPERABLE: A vehicle that is apparently not functioning or is inoperative or cannot be lawfully operated upon public roads or highways.

JUNK VEHICLE: A vehicle that meets at least three of the following requirements: (1) a vehicle that is three years old or older; (2) a vehicle that is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission; (3) a vehicle that is apparently inoperable; (4) a vehicle that has an approximate fair market value equal only to the approximate value of the scrap in the vehicle’s current condition; or (5) evidence of inoperability or damage that includes, but is not limited to, any buildup of debris that obstructs use, or a flat or missing tire or tires, or a nonfunctional motor or transmission, or missing bumpers, or missing license plates, or expired vehicle license plate tabs.

LANDOWNER: A legal owner or owners of private real property, or a person in possession or control of private real property.

MAINTAIN or MAINTENANCE: To hold or keep in an existing state or condition, or keep in existence or continuance.

RETAIN or RETENTION: To continue to hold, have, keep, own, possess, or to exercise dominion or exercise control over.

STORE or STORAGE: To place, accumulate, or leave in a location.

VEHICLE: RCW 46.04.670 is hereby adopted by reference, as now worded or hereafter amended, as if fully set forth herein, and shall apply to the interpretation and enforcement of this Chapter.

VEHICLE HULK: Any part or portion of the body or chassis of a vehicle that is apparently inoperable or unable to be lawfully operated upon public roads or highways.

WRECKED: A vehicle or vehicle hulk, or any part thereof that is disabled, destroyed, apparently inoperable, or extensively damaged. (Ord. 4496, 2-13-95; amd. Ord. 4675, 7-28-97; Ord. 5129, 3-14-05)

6-1-3 JUNK VEHICLE OR VEHICLE HULKS ON PRIVATE PROPERTY REGULATED:

A. It shall be unlawful to store, maintain, keep or retain: a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any part thereof, on private real property in the City of Renton.

B.  The storage, maintenance or retention of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, on private real property in the City is hereby declared to be a public nuisance in accordance with this Chapter and RMC 1-3-4, as now worded or hereafter amended, and may be abated in accordance with this Chapter and RMC 1-3-3G, as now worded or hereafter amended.

C.  Abatement Costs: Costs of abatement and removal of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or parts thereof, from private real property in the City may be first assessed against the last registered owner of the vehicle, vehicle hulk, or any parts thereof, if the identity of such owner can be determined, unless such vehicle owner in the transfer of the ownership of such vehicle or vehicle hulk has complied with RCW 46.12.101, or second, the costs may be assessed against the landowner on which such vehicle, vehicle hulk, or any parts thereof is stored; provided, that said vehicle, vehicle hulk, or any parts thereof, is stored, maintained, kept or retained with the landowner’s permission or acquiescence and shall constitute a lien thereon.

D.  Notice: Before the abatement or removal of a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, notice shall be given by the Police Chief or his or her designee to the last registered vehicle owner and legal vehicle owner of record, if the identity of such owner can be lawfully determined, and the landowner of real property upon which such vehicle or vehicle hulk or any parts thereof is located, that a public hearing may be requested before the Hearing Examiner of the City, by mailing a copy of the notice by certified mail, return receipt requested, to the last known address of the vehicle’s last registered and legal owner and landowner of real property on which the vehicle, vehicle hulk or any parts is located, or by personal service upon said owners, and if no hearing is requested within twenty-one (21) days from the date of mailing or personal service, the vehicle, vehicle hulk or any parts thereof may be removed and abated in accordance with this Chapter and RMC 1-3-3G.

E.  Request for Hearing: If a request for hearing is received by the Hearing Examiner, a notice giving the time, location and date of such hearing on the question of the abatement and removal of such vehicle, vehicle hulk, or any parts thereof, as a public nuisance shall be mailed by certified mail with a return receipt requested, to the landowner of the real property as shown on the King County tax assessment roll and to the last registered owner and legal owner of record of such vehicle, vehicle hulk, or any parts thereof, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

F.  Testimony: The applicant for hearing may either appear in person at such hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. If it is determined at the hearing that the vehicle, vehicle hulk, or any parts thereof was placed on the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, then the Hearing Examiner shall not assess costs of administration or removal of the vehicle, vehicle hulk or any parts thereof against the landowner of the real property upon which the vehicle, vehicle hulk or any parts thereof is located or otherwise attempt to collect such costs from the landowner.

G.  Disposal: After notice has been given by the Police Chief of the City or his or her designee, of the intent of the City to abate the vehicle, vehicle hulk, or any parts thereof, and no request for a hearing is received, or a hearing is held and the Hearing Examiner orders the vehicle, vehicle hulk, or any parts thereof removed, the said vehicle, vehicle hulk or parts thereof shall be removed from private real property by the Police Chief or his or her designee and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the State of Washington Department of Licenses.

H.  Exceptions: This Chapter shall not apply to: (1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private real property, or (2) a vehicle or part thereof which is stored or parked in a lawful manner on private real property zoned for and in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130, or (3) a vehicle or part thereof which is stored or parked in a lawful manner on private real property in an area zoned for and in connection with the business of a licensed auto body repair shop or facility.

I.  Removal by Landowner: Nothing in this Section shall be construed to prevent any landowner or the person in control of real property, except City property, from immediately removing a vehicle, vehicle hulk, or any parts thereof, which was left on such property without the landowner’s permission, irrespective of any time limits specified elsewhere in this Chapter, by means of towing or otherwise, to a garage designated by the Police Department; provided, that the Police Department shall be notified one hour prior to the removal of such a vehicle, vehicle hulk, or any parts thereof.

J.  Penalties: Any person violating subsection A of this Section shall be guilty of a misdemeanor. Penalties for any violations of any of the provisions of this Section shall be in accord with RMC 1-3-1. (Ord. 3175, 11-21-77; Ord. 3853, 10-8-84; Ord. 4351, 5-4-92; Ord. 4496, 2-13-95; Ord. 4675, 7-28-97; Ord. 4723, 5-11-98; Ord. 4792, 9-13-99; Ord. 5129, 3-14-05)

6-1-4 ABANDONMENT OF VEHICLE OR VEHICLE HULKS ON STREETS, HIGHWAYS OR CITY PROPERTY REGULATED:

A.  Abandonment of Vehicle or Vehicle Hulks on Streets, Highways or City Property Prohibited: No person shall abandon any vehicle or vehicle hulk as hereinabove defined on any street, highway or City property. Any such vehicle or vehicle hulk is hereby declared to be a public nuisance which shall be removed in accordance with this Chapter.

B.  Presumption of Responsibility of Owner of Record for Abandonment: Any costs incurred in the removal of such vehicle or vehicle hulk may be assessed against the last registered owner of the vehicle or vehicle hulk if the identity of such owner can be determined, unless such owner in the transfer of such vehicle or vehicle hulk has complied with RCW 46.12.101 and shall constitute a lien thereon.

C.  Impoundment After Posted Notice: It shall be the duty of the Chief of Police to remove any abandoned vehicle or vehicle hulk, parked or left on any street, highway or City property as hereinabove defined after notice of removal, indicating his or her authority to impound, has been posted on the vehicle or vehicle hulk for a period of not less than twenty four (24) hours, and no claim has been made by the owner, or on his behalf, during the twenty four (24) hour posting period. Such vehicle or vehicle hulk shall be removed by any tow truck operator or as the City may otherwise determine, and in case of a tow truck operator, such abandoned vehicle or vehicle hulk shall be stored at the established place of business of such operator and he shall have a lien upon such vehicle or vehicle hulk for all services provided in the towing and storage of the same, and shall also have a claim against the last registered owner of such vehicle or vehicle hulk for services provided in the towing and storage of the same. See also RMC 10-5-2.

D.  Charge on Violation: The removal or impound of a vehicle from any street, highway or property shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded.

E.  Reporting Procedure: The tow truck operator, or if none, the Chief of Police, shall complete the required reporting and/or notifications as provided in RCW 46.90.345.

F.  Disposition and Sale: Disposition and sale of an abandoned vehicle or vehicle hulk shall be as provided in RCW 46.55.120(4), 46.55.130 or 46.90.375. (Ord. 3175, 11-21-77; Ord. 4496, 2-13-95; Ord. 5129, 3-14-05)

6-1-5 SEVERABILITY:

If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 3853, 10-8-84; Ord. 5129, 3-14-05)

CHAPTER 2
AIR GUNS

SECTION:

6-2-1: Definitions

6-2-2: Unlawful Acts Defined

6-2-3: Exceptions

6-2-1 DEFINITIONS:

AIR GUN: Any air pistol, air rifle, BB gun and toy gun of any kind or nature when so designed, contrived, modified and used as to propel, by air or spring loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substance or object for a distance of more than twenty five feet (25’) with sufficient force to break windows or inflict injury upon persons or animals.

BOW: Any weapon or toy contrived of a flexible rod, cane or stick, with a string, with or without a stock, sight or trigger, for the propelling of arrows affixed with a metallic or hardened tip, when so shot or used as to propel such arrow a distance of more than twenty five feet (25’) with such force as to break windows or inflict physical injury upon persons or animals.

SLINGSHOT: Any device contrived of string, rubber bands, springs or other tension creating substances, with or without pellet pouch or handle, capable of being used to propel pellets, rocks, staples, pebbles, or other objects a distance of more than twenty five feet (25’) with sufficient force to break windows or cause damage or injury to persons or animals. (Ord. 1541, 4-17-56)

6-2-2 UNLAWFUL ACTS DEFINED:

It shall be unlawful:

A.  For any person under eighteen (18) years of age to carry or shoot any bow, air gun or slingshot within the City, when not in the presence of his parents or other responsible adult in loco parentis or under the direction, control or supervision of such responsible adult.

B.  For any person to point or shoot a bow, air gun or slingshot at any person or property of another, or to aim or discharge such weapons in the direction of the person or residence of another, while within such range as would make possible injury to the person or damage to the property of another by a discharge from such toy or weapon. (Amd. Ord. 4726, 6-8-98)

C.  For any parent or person in loco parentis to allow, give or permit the possession or use of any toy or weapon falling within the definitions contained hereinabove to any child under the age of eighteen (18) years.

D.  For any merchant to sell, give or rent any air guns, bows or slingshots as hereinabove defined to minors under eighteen (18) years of age except when such minor is in the presence of his parent or other adult in charge of such minor. (Ord. 1541, 4-17-56)

E.  For any person to point or shoot a bow, air gun or slingshot at any animal or fowl, either domestic or wild, within the City limits of Renton. (Ord. 4726, 6-8-98)

6-2-3 EXCEPTIONS:

A.  The following are exceptions to RMC 6-2-2A and C:

1.   When such minor is possessing or using such weapons on an archery course or gun range operated or conducted by school, educational institution or other regulated group, pursuant to rules and regulations provided by the Chief of Police or City law.

2.   When within a regulated or supervised course or range provided by and under the supervision of the Parks Department of the City, under regulations or laws duly promulgated and adopted therefor.

3.   When any such minor is carrying such weapon unloaded and otherwise properly dismantled, to and from such authorized course or range.

B.  The provisions of RMC 6-2-2B shall not prohibit the use of such weapons by a person over the age of eighteen (18) years when such use is reasonably necessary and represents reasonable force in the protection of the person or property of the user.

C.  The provisions of RMC 6-2-2E shall not prohibit the use of such weapons by any person acting under the authority of a valid depredation permit for the control of migratory birds on and around the Renton Municipal Airport. (Ord. 1541, 4-17-56; amd. Ord. 4778, 4-26-99)

CHAPTER 3
BURGLAR ALARMS

SECTION:

6-3-1: Definitions

6-3-2: Alarm Users’ Registration Required

6-3-3: Service Charges For Excessive False Alarms

6-3-4: No Response To Process

6-3-5: Additional Duties Of Alarm User

6-3-6: Alarm Business Duties

6-3-7: Nonpermitted System And Uses

6-3-8: Special Registrations

6-3-9: Administrative Hearing

6-3-10: Outside Audible Fire Alarm Systems

6-3-11: Violations/Penalties

6-3-12: Severability

6-3-1 DEFINITIONS:

Unless the context or subject matter otherwise requires, terms defined herein shall have the following meanings when used in this chapter:

A.  Alarm Business: The business by any individual, partnership, corporation, or other entity of selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system on real property.

B.  Alarm Dispatch Request: A notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular alarm site.

C.  Alarm Site: A single fixed premises or location served by an alarm system or systems. Each tenancy, if served by a separate alarm system in a multi-tenant building or complex, shall be considered a separate alarm site.

D.  Alarm System: Any system, device or mechanism which, when activated, transmits a signal or message to a private monitoring company or to some other entity, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device or mechanism primarily protecting a motor vehicle, or a medical alarm.

E.  Alarm System Monitoring Company: An alarm business that offers monitoring of an alarm system for purposes of notifying the Police or Fire Departments.

F.  Alarm User: Any person, firm, partnership, association, corporation, company, or organization of any kind from whom a registration is required under this chapter who/which uses or is in control of any alarm system at its alarm site.

G.  Automatic Dialing Device: A device that is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response. Such a device is an alarm system.

H.  Burglary Alarm System: An alarm system designed or used for detection and reporting of an unauthorized entry or attempted unauthorized entry upon real property protected by the system.

I.  Department: The City of Renton Police Department.

J.  Department’s Communication Center: The Department’s dispatch center which receives requests for service for police and fire.

K.  Economically Disadvantaged Person: A person receiving public assistance.

L.  Engaging in Business Activities: An alarm system monitoring company is “engaging in business activities” if it offers monitoring of an alarm system, for purposes of notifying the Police or Fire Departments, and the system being monitored is located within the City of Renton. An alarm business is engaging in business activities if it conducts any of the activities identified in subsection A of this Section, within the City of Renton.

M.  False Alarm: The activation or attempted activation of any burglary and/or robbery alarm system when no crime is being committed or attempted on the premises. An alarm shall be presumed to be false if the police officers responding do not locate any evidence of an intrusion or commission of an unlawful act or emergency on the premises which might have caused the alarm to sound, but does not include alarms caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.

N.  Interconnect: To connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.

O.  No Response: Police officers will not be dispatched to investigate a report of an alarm dispatch request.

P.  Panic/Trouble Alarm: An alarm system designed or used for alerting police of the need for immediate assistance or aid in order to avoid injury or serious bodily harm.

Q.  Person: A human being, business, corporation, partnership, or other business enterprise.

R.  Police Chief: The Chief of the City of Renton Police Department.

S.  Police Department: The City of Renton Police Department.

T.  Premises: Any area or building and any portion of any area or building protected by an alarm system.

U.  Registration Year: January 1 to and including December 31.

V.  Robbery Alarm System: An alarm system designed or used for alerting others of a robbery or other crime in progress which involves potential serious bodily injury or death.

W.  Special Alarm User: A person who is required by federal, state, county, or municipal law, regulation, rule or ordinance to install, maintain and operate an alarm system.

X.  System Subscriber: Person, corporation, firm, partnership, association, company, organization or other business entity who purchased or contracted for any alarm system.

Y.  Verification: An attempt by an alarm company, or its representative, to contact the alarm site by telephonic or other electronic means, whether or not actual contact with a person is made, before an alarm dispatch request is made. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-2 ALARM USERS’ REGISTRATION REQUIRED:

A.  No person shall operate or use an alarm system on any premises under that person’s control, within the City of Renton, without first having obtained from the Police Department a separate registration for each premises protected by an alarm system.

B.  The Police Department may not respond to any call to an alarm from an alarm system for which a registration has not first been obtained. Except: the police may respond to one such call and thereafter notify the alarm user that there may be no future police response until registration is first obtained.

C.  For the purposes of this section, a person shall be deemed to be an operator or user of an alarm system if:

1.   The person controls both the alarm system and the premises upon which it is installed; or

2.   The person controls the premises and is the subscriber, client or tenant of the system subscriber; or

3.   The person is the system subscriber or alarm user.

D.  All persons required to obtain a registration must complete a registration application form which is provided by the Police Department. Information required to be provided on the registration application form includes, but is not limited to:

1.   Name, address and telephone number(s) of subscriber and/or alarm user;

2.   Names and telephone numbers of three (3) additional persons who may be able to respond in the event of alarm activation in the absence of the alarm user and said persons may provide access to the premises and be able to deactivate alarm, or said persons may provide information on who to contact for access;

3.   The electrical inspection permit number, where applicable;

4.   The name of the alarm business responsible for maintenance;

5.   The information required in subsection D.3 of this Section shall not apply to alarms which are installed in residential units;

6.   The information required in subsection D.3 of this Section shall not apply to (a) existing alarms or (b) alarms which are installed in multiple-tenant buildings.

E.  Failure to complete the required information will result in denial of the registration.

F.  Each registration shall be given a number which shall not be transferable.

G.  Completed applications for an alarm user’s registration and a fee as set forth in the Fee Schedule shall be filed with the Police Department, except that no fee shall be charged for alarms installed prior to enactment of this chapter if a registration application for such existing alarm system is filed within ninety days after enactment of this chapter.

H.  A late registration penalty as set forth in the Fee Schedule will be charged, in addition to the fee provided in subsection G of this Section, to a user who fails to obtain a registration within 30 days after the system becomes operative, or to a current user who fails to obtain a registration as provided in subsection G.

I.  Registration fees shall be payable to the City of Renton and deposited into the City’s General Fund to be used exclusively for the direct or indirect support of law enforcement activities.

J.  Any person who owns, operates, or possesses any alarm system within the City of Renton, which does not conform to the requirements of this chapter, shall disconnect that alarm and render it inoperable or alter it in accordance with this chapter no later than December 31, 2000.

K.  If a residential alarm user is over the age of 62, or is an economically disadvantaged person and is a resident of the residence, and if no business is conducted in the residence, a registration may be obtained from the Police Department according to subsection D of this Section without the payment of a fee.

L.  The following shall be required to obtain a registration under this chapter, but shall not be required to pay any registration fee:

      Businesses which are nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, governmental or youth organizations.

M.  Alarm user shall notify Police Department, within ten days, of any change of information from that contained on the registration application. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-3 SERVICE CHARGES FOR EXCESSIVE FALSE ALARMS:

A.  Service charges will be assessed by the Police Department for excessive false alarms during the registration year according to the schedule of fines found at RMC 5-1-4.

B.  The Police Department shall notify the alarm user and the alarm business by regular mail of the fourth false alarm, the fine and the consequences of the failure to pay the fine. The Police Department shall also inform the alarm user of the right to attend an alarm user’s class OR appeal the validity of the false alarm determination, as provided in RMC 6-3-9E. If the fine has not been received in the Police Department and the alarm user has not registered for an “alarm user” class or there is no appeal pending on the validity of the false alarm, the Police Department shall send the notice of fine by certified mail along with a notice of late fee as set forth in the Schedule of Fines. If payment is not received within fifteen days of the day the notice of late fee was mailed, the police chief may initiate the no response process. The police chief shall provide notice as required by RMC 6-3-4B.

C.  The fine for the fourth false alarm shall be waived for any alarm user who registers and successfully completes an alarm user class. Subsequent false alarm fines will remain the same for false alarms received after the alarm user class. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-4 NO RESPONSE TO PROCESS:

A.  After the sixth false alarm in a registration year, or the failure to pay any outstanding fines, the Police Department shall send a notification to the alarm user by mail, which will contain the following:

1.   That the sixth false alarm has occurred or that there is an unpaid fine;

2.   That if any additional false alarms occur within the remainder of the registration year, or if the outstanding fine remains unpaid, the police will not respond to any subsequent alarms without the express approval of the police chief, and the alarm user registration may be revoked;

3.   That the approval of the police chief can only be obtained by applying in writing for reinstatement. The police chief may reinstate the alarm user upon finding that reasonable effort has been made to correct the false alarms which includes consideration of a letter from user’s alarm company, duly registered to do business in the City of Renton, which states the alarm system is operating properly and the alarm user’s agents are properly trained in the alarm system operation, and full payment has been made for any outstanding fees due to the City of Renton for false alarms. The City of Renton shall not be responsible for any costs incurred by the user to qualify for reinstatement;

4.   That reinstated users will be billed for any false alarm responses after reinstatement, and the registration may be subject to further revocation after any additional false alarm responses during the remainder of the registration year. Registrations will not be reinstated if there are any outstanding fees or service charges due;

5.   That the alarm user has the right to contest the validity of a false alarm determination through an appeal hearing as set forth in RMC 6-3-9; and

6.   In the event the no response process has been initiated solely due to nonpayment of fines, the police chief will reinstate the alarm user upon finding that all outstanding fines have been paid.

B.  After the sixth false alarm within a registration year, there will be no police response to subsequent alarms without approval of the police chief. After the sixth false alarm, the police chief shall send a notification of the suspension to:

1.   The Department’s Communications Center;

2.   The Department;

3.   The alarm user, by certified mail; and

4.   The persons listed on the alarm user’s registration who are to be contacted in case of an emergency, by certified mail.

C.  The suspension of police response to an alarm shall begin no sooner than ten days after the date of delivery of the notice of suspension of service to the alarm user unless a written request for a false alarm validity hearing has been made in the required time period as set forth in RMC 6-3-9. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-5 ADDITIONAL DUTIES OF ALARM USER:

A.  The premises shall display the street address at or near the front of the premises and at other places where access is available, such as from an alley or parking lot. The street address shall be clearly visible and readable from the exterior of the premises.

B.  If requested to do so by the Department, the alarm user or his or her designee shall respond to a premises following activation of an alarm system for which a registration has been issued within a reasonable time, and in any event, within one hour after said notification. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-6 ALARM BUSINESS DUTIES:

A.  Every alarm business engaging in business activities in the City of Renton shall:

1.   Be registered to do business in the City of Renton.

2.   Submit standard user form instructions to the police chief. If the police chief finds the instructions are incomplete, unclear, or inadequate, the police chief will require the alarm business to revise the instructions to comply with subsection A.3 of this Section, and then to distribute the revised instructions to its alarm users.

3.   Provide the police chief information about the nature of its property alarms, burglary alarms, robbery alarms and panic alarms, its method of monitoring, its program for preventing false alarms and its method of disconnecting audible alarms.

4.   Furnish the user with instructions that provide information to enable the user to operate the alarm system at any time. The alarm business shall also inform each alarm user of the requirement to obtain a registration and where it can be obtained, and the consequences of the failure to register.

B.  Every alarm system monitoring company engaging in business activities in the City of Renton shall:

1.   Establish a process for alarm verification. The verification process shall not take more than five minutes, calculated from the time that the alarm signal has been accepted by the alarm business monitoring the system, until a decision is made whether to call for a police dispatch. The means of verification may include one or more of the following:

a.   The establishment of voice communication with an authorized person at or near the premises who will indicate whether or not the need for immediate police assistance or investigation exists;

b.   A feature that permits the alarm system user or a person authorized by the user to send a special signal to the alarm system monitoring company that will cancel an alarm immediately after it has been sent and prevent the monitoring company from calling for a police dispatch;

c.   The installation of a video system that provides the alarm system monitoring company, when the signal is received, with the ability to ascertain that activity is occurring which warrants immediate police assistance or investigation;

d.   A confirmation that a signal reflects a need for immediate police assistance or investigation either by the alarm system user or a person at or near the premises before dispatching police; or

e.   An alternate system that the Police Chief determines has, or is likely to have, a high degree of reliability.

2.   Coordinate with the Department’s Communication Center to develop a process to cancel an alarm dispatch that is consistent with the Communication Center’s standard operating procedures.

3.   When requesting an alarm response, provide the Department’s Communication Center with the registration number for that premises. The Department need not respond if the registration number is not provided. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-7 NONPERMITTED SYSTEM AND USES:

A.  No person shall operate or use an alarm system which emits an audible sound where such emission does not automatically cease within 5 minutes. Nothing in this Section shall limit the duration of a fire or other evacuation alarm during a bona fide emergency when the sound may assist in saving life or avoiding injury.

B.  No person shall use an alarm system to protect more than one business and/or private residence without receiving a separate registration for each business and/or private residence to be protected.

C.  No person shall operate or use any alarm system for which the registration has been revoked or has not been obtained. Except: where notification to the Fire Department is interconnected in the same alarm system, the alarm may be activated but there will be no police response until registration is obtained.

D.  No person shall operate or use any alarm system which automatically dials the Department directly and delivers a prerecorded message. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-8 SPECIAL REGISTRATIONS:

A.  An alarm user required by federal, state, county or municipal law, regulation, rule or ordinance to install, maintain and operate an alarm system shall be subject to the alarm system regulations, provided:

1.   A registration shall be designated a special alarm user’s registration.

2.   A special alarm user’s registration for a system that has five false alarms in a registration year shall not be subject to the no response procedure but is still required to pay the penalty fees and service charges.

B.  An alarm user that is a governmental political unit shall be subject to this chapter, but a registration shall be issued without payment of a fee and shall not be subject to service charges or the imposition of any penalty provided herein. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-9 ADMINISTRATIVE HEARING:

A.  An alarm user may appeal the validity of a false alarm determination to the police chief. The appeal shall be in writing and shall be requested within ten days of the notice of penalty received from the Police Department or police chief. Failure to contest the false alarm determination in the required time period results in a conclusive presumption for all purposes that the alarm was false.

B.  If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the police chief, by certified mail, at least ten days prior to the date set for the hearing, which shall not be more than 21 nor less than ten days after the filing of the request for hearing.

C.  The hearing shall be before the police chief or his/her designee. The alarm user and a representative of the Police Department shall have the right to present written and oral evidence. If the Police Chief or his/her designee determines that the false alarms alleged have occurred in the same registration year, he/she will issue written findings waiving, expunging or entering the false alarm designation on an alarm user’s record. If false alarm designations are entered on the alarm user’s record, the Police Department shall pursue the collection of the penalty fines. If the civil penalty is not found to be proper, then the alarm user shall bear no costs.

D.  If a hearing is canceled more than ten days after its request, then a cancellation fee, as set forth in the Fee Schedule, must be paid in addition to the amount of the civil infraction.

E.  The decision made by the Administrative Hearing Officer may be appealed to the King County District Court. The appeal must be filed within 30 calendar days from the date of the decision of the Administrative Hearing Officer. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-10 OUTSIDE AUDIBLE FIRE ALARM SYSTEMS:

A.  No provision of this chapter shall in any way prohibit, curtail or limit the use of outside audible fire alarm systems now in use which are activated by heat or by lack of water pressure or similar means.

B.  No disconnection of any existing alarm system shall be ordered as to any premises which by law is required to have an alarm system in operation. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-11 VIOLATIONS/PENALTIES:

In addition to the penalties and regulations provided herein, any person who violates any provisions of this chapter shall be found to have committed a civil infraction. Except: that conduct which violates the now existing RCW 9.40.100 or 9A.84.040, or as those sections may be amended hereafter, shall be punished as provided therein. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

6-3-12 SEVERABILITY:

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 2831, 1-11-74; amd. Ord. 4257, 1-22-90; Ord. 4263, 3-19-90; Ord. 4462, 7-25-94; Ord. 4852, 8-7-00)

CHAPTER 4
ALCOHOL CONSUMPTION ON CITY STREETS AND PROPERTY

SECTION:

6-4-1: Unlawful Act

6-4-1 UNLAWFUL ACT:

It shall be unlawful for any person to drink any alcoholic beverages on any public street, alley, sidewalk, parking lot, playground or in or about any other public property or place within the City except as a patron of the Maplewood Golf Course when such beverages for consumption are purchased from the operator thereof. This Section shall not be construed to prohibit the purchase or consumption of alcoholic beverages at a premise licensed by the Liquor Control Board of the State of Washington. (Ord. 3920, 7-1-85)

CHAPTER 5
ANIMAL CRUELTY

SECTION:

6-5-1: Cruelty Prohibited

6-5-2: Trained To Fight Prohibited

6-5-3: Abuse Of Police Animals

6-5-1 CRUELTY PROHIBITED:

No person shall, within the corporate limits of the City, cruelly beat, whip or mistreat any beast of burden or other animal or bird, nor shall any person starve, neglect to feed or underfeed any animal or bird or subject the same to circumstances of unusual or unnecessary hardship and suffering; provided, however, that the provisions of this Chapter shall not apply to the ordinary treatment of animals in any rodeo or other show licensed under laws of the City.

6-5-2 TRAINED TO FIGHT PROHIBITED:

No person shall train any dog, bird or animal with the intent to use the same in fighting for sport or money, or keep or have the same in his possession for the purpose aforesaid. (Ord. 1041, 8-15-39)

6-5-3 ABUSE OF POLICE ANIMALS:

It shall be unlawful for any person to wilfully or maliciously torture, torment, beat, kick, strike, choke, cut, stab, stone, shoot, mutilate, injure, disable, kill, arouse, anger or excite, or to interfere with or meddle with any animal while it is being caged, kenneled, transported, exhibited, exercised, or used in discharging or attempting to discharge any lawful duty or function or power of office, by any bona fide officer or his representative, for any police agency, within the corporate City limits of the City. (Ord. 3423, 4-28-80)

CHAPTER 6
ANIMALS AND FOWL AT LARGE

SECTION:

6-6-1: Unlawful To Run At Large

6-6-2: Taking Up Of Animals; Fee

6-6-3: Fowl At Large

6-6-4: Definitions

6-6-5: Dogs At Large; Requirement Of Leash Or Chain

6-6-6: Impounding Procedure

6-6-7: Responsibilities Of Animal Control Officer

6-6-8: Dangerous Dogs

6-6-9: Confiscation, Hearing, And Appeal Procedures For Dangerous Dogs

6-6-10: Submission Of Suspected Rabid Animals To Authorities; Grounds For Impoundment And Impoundment Fee

6-6-11: Cruelty To Animals; Failure To Aid Injured Animal Unlawful

6-6-12: Wild Or Dangerous Animals

6-6-1 UNLAWFUL TO RUN AT LARGE:

It shall be unlawful for any horses, cattle or other domestic animals, except for dogs and cats, to run at large on any street, alley or public place or to trespass upon any private property within the limits of the City; and it shall be unlawful for the owner of any such animal or any person who has control of the animal or to whom custody of the same has been entrusted, to permit the same to run at large contrary to the provisions of this Chapter. A violation of this Section shall constitute a civil infraction punishable by a fine of up to $250, not including costs. (Ord. 4185, 11-14-88; amd. Ord. 4916, 9-10-01)

6-6-2 TAKING UP OF ANIMALS; FEE:

Any duly authorized officer or employee of the City shall be empowered to take up and impound all animals hereinabove specified, whether running at large or otherwise violating the provisions of this Chapter.

A.  Impound Fees: The owner or custodian of any animal impounded under the provisions of this Chapter, unless otherwise provided for herein, shall pay to the City’s Animal Control Officer the following fees, which shall then be promptly remitted unto the Finance and Information Services Administrator by such Animal Control Officer, and which fees shall be in addition to all other charges payable under the provisions of this Chapter.

1.   First offense $5.00

2.   Second offense 10.00

3.   Third offense 25.00

4.   Fourth offense 50.00

B.  Large Lot Domestic Animal Redemption: Any horses, cattle, or similarly sized animals may be redeemed by the payment of the fee of twenty dollars ($20.00) plus any out of pocket expenses by the City for boarding and feeding such animal, which fee shall be not less than five dollars ($5.00) per day for the keeping and boarding of said animal.

C.  Small and Medium Lot Domestic Animal Redemption: All small and medium lot domestic animals, not to include such animals as horses, cattle or similarly sized animals may be redeemed upon payment of a redemption fee in the sum of twenty dollars ($20.00) plus the additional sum of five dollars ($5.00) per day for the keeping of such animal. In the event any such animal is suffering from any serious injury or disease requiring treatment, then an additional fee for such treatment shall be imposed by the agency having the custody of such animal to cover the actual expenses of such treatment, including transportation and special services rendered to such animal. (Ord. 4185, 11-14-88; Ord. 5356, 2-25-08)

6-6-3 FOWL AT LARGE:

It shall be unlawful for any person to allow or permit any chicken, pigeon or other domestic fowl owned or in the custody or control of said person, to run at large in the City. The number of fowl permitted on a lot shall be consistent with RMC 4-4-010, Standards for Animal Keeping Accessory to Residential/Commercial Uses. Violations of this Section shall constitute a civil infraction punishable by a fine of up to two hundred fifty dollars ($250.00), not including costs. (Ord. 4185, 11-14-88; amd. Ord. 4916, 9-10-01; Ord. 4964, 5-13-02; Ord. 5356, 2-25-08)

6-6-4 DEFINITIONS:

For the purpose of this Chapter the following definitions shall be controlling:

ANIMAL: Any nonhuman mammal, bird, reptile or amphibian.

ANIMAL CONTROL AUTHORITY: An entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the City, County and State, and the shelter and welfare of animals.

ANIMAL CONTROL OFFICER: Any individual employed, contracted with or appointed by the City for the purpose of aiding in the enforcement of this Chapter or any other law or ordinance relating to the licensure of animals, or seizure and impoundment of animals, and includes any State or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

DANGEROUS DOG: Any dog that: a) inflicts or has inflicted severe injury on a human being without provocation on public or private property, b) kills or has killed a domestic animal without provocation while the dog is off the owner’s property, or c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks or endangers the safety of humans.

OWNER: Any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having control or custody of an animal.

POTENTIALLY DANGEROUS DOG: Any dog that when unprovoked: a) inflicts bites on a human or a domestic animal either on public or private property, or b) chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

PROPER ENCLOSURE OF A DANGEROUS DOG: While on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

SEVERE INJURY: Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

VICIOUS: An animal other than a “dangerous dog” or “potentially dangerous dog” that displays the characteristics or propensity to do an act that might endanger the safety of a person, animal, or property of another, including but not limited to a disposition to mischief or fierceness as might occasionally lead to attack on human beings or other animals without provocation, whether in play or an outbreak of an untrained nature. (Ord. 4185, 11-14-88; amd. Ord. 4916, 9-10-01; Ord. 4964, 5-13-02; Ord. 4983, 9-23-02; Ord. 5024, 11-3-03)

6-6-5 DOGS AT LARGE; REQUIREMENT OF LEASH OR CHAIN:

A.  It shall be unlawful for any owner or custodian to cause, permit or allow any dog owned, harbored, controlled or kept by him in the City to roam, run or stray away from the premises where the same is owned, harbored, controlled or kept, except that while away from said premises such dog shall at all times be controlled by means of a leash or chain not exceeding eight feet (8') in length by the owner or some duly authorized and competent person, or is at heel of such owner or custodian, such control to be exercised by such owner or custodian or other competent authorized person. “At heel” shall mean that the dog shall be immediately at the owner’s or custodian’s heel; provided, however, that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. Furthermore, this section shall not apply to dogs which are in special areas designated by the City as dog training areas and as long as the regulations of the City, or its authorized representative, with respect to the use of such areas are complied with and said dogs are under the custody and control of a competent trainer. A violation of this Subsection shall constitute a civil infraction punishable by a fine of up to $250, not including costs.

B.  It shall further be unlawful for any owner or custodian:

1.   To suffer or permit any animal, reptile or fowl to trespass upon private or public property so as to damage, disturb, injure, destroy or soil any property or thing of value. A violation of this Subsection shall constitute a civil infraction punishable by a fine of up to $250, not including costs.

2.   To permit a dog to run at large within the City at any time without a license as provided in Chapter 5-4 RMC. A violation of this Subsection shall constitute a civil infraction punishable by a fine of up to $250, not including costs.

3.   To permit any animal, whether licensed or not, to run at large in any public park, public beach, pond, fountain, stream, public playground, school ground or any other public facility permitting swimming and/or boating activities; provided, however, that this section shall not prohibit a person from walking or exercising a dog in a public area, except on any public beach, pond, stream or similar facility which permits swimming and/or boating activities, when such dog is on a leash or otherwise under the immediate control of its owner or custodian and proper safeguards are taken to protect the public and property from injury or damage from said dog. The Park Director is hereby authorized and directed to post such areas as hereinabove set forth. A violation of this Subsection shall constitute a civil infraction punishable by a fine of up to $250, not including costs.

4.   To permit any animal to enter any place where food is stored, prepared, served or sold to the public or any other public building or hall; provided, however, that this Subsection shall not apply to service dogs, blind persons using a trained seeing eye dog, veterinary offices or hospitals, or to animal shows or exhibitions where at least twenty four (24) hours’ advance notice has been given to the agency designated herein to enforce the provisions of this Chapter. A violation of this Subsection shall constitute a civil infraction punishable by a fine of up to $250, not including costs.

5.   To permit any female dog, whether licensed or not, to run at large while in heat. A violation of this Subsection shall constitute a civil infraction punishable by a fine of up to $250, not including costs.

6.   To permit any dog to chase, run after or jump at vehicles using the public streets and alleys. A violation of this Subsection shall constitute a civil infraction punishable by a fine of up to $250, not including costs.

7.   To keep or harbor any dog, cat or other animal or fowl whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any person in the neighborhood, or to keep any domestic bird or animal that emits frequent or long, continued noise so as to disturb the peace, quietness and comfort of the neighboring inhabitants. A violation of this Subsection shall constitute a misdemeanor in accordance with RCW 9A.20.021(3), as now or hereafter amended.

8.   To keep, harbor or maintain any vicious dog or dog with vicious propensities in a manner which may or does endanger the safety, health and well being of persons or the safety of property being or located off the owner’s or custodian’s premises or lawfully on said premises. A violation of this Subsection shall constitute a misdemeanor in accordance with RCW 9A.20.021(3), as now or hereafter amended.

9.   To allow a vicious dog or dog with vicious propensities to run at large at any time, or allow such dog off the owner’s or custodian’s premises unless securely leashed and in the control of a person of suitable age and discretion to control and/or restrain such dog at all times. A violation of this Subsection shall constitute a misdemeanor in accordance with RCW 9A.20.021(3), as now or hereafter amended.

C.  Any dog doing or performing any of the acts prohibited in this Section is hereby declared to be a public nuisance and such animal may be seized and impounded by the City’s Animal Control Officer, or its duly designated representative. (Ord. 3777, 12-19-83)

D.  This Section shall not apply to police animals while being exhibited, exercised or used in discharging or attempting to discharge any lawful duty or function or power of office, by any bona fide officer or representative of such officer, or any police agency. (Ord. 4463, 7-25-94, eff. retroactive to 7-1-94; amd. Ord. 4916, 9-10-01)

6-6-6 IMPOUNDING PROCEDURE:

A.  Notice and Redeem: The City’s Animal Control Officer, as herein designated, is authorized to enforce the animal control laws provided by this Chapter and may impound any animals determined by such Animal Control Officer to be doing or performing any of the acts prohibited by Section 6-6-5 herein and thereby constituting a public nuisance as provided by Section 6-6-5 of this Chapter. After such animal is impounded, the Animal Control Officer shall ascertain whether such animal is licensed, and if so, shall within a reasonable time notify by letter or telephone the person to whom the license has been issued that such animal has been impounded and may be redeemed as herein provided for. Any animal so impounded pursuant to this Chapter shall be held for the owner or lawful custodian up to a maximum period of seventy two (72) hours by the impounding agency. In the event, however, any such animal is not timely redeemed, it shall be humanely destroyed or otherwise disposed of by the impounding agency; provided, however, that none of said animal so impounded shall be used for any experimental purposes.

B.  Notice and Right of Appeal: Prior to the destruction or disposition of any licensed animal, or in those instances in which there is knowledge of the actual owner or person in possession or control of any animal, there shall be a notice sent to such person that the animal has been impounded and may be destroyed or disposed of if not claimed within seventy two (72) hours of the animal being impounded. The notice will be given by actual notice, posting of notice at the location where the animal was impounded or was kept or at the last known residence of the person to whom notice was to be given, by surface mail, postage prepaid, or by any other means which would increase the likelihood of the notice being received. The notice shall also contain an appeal right to contest the justification for impounding, or the mathematics used in calculating the impound fee and fee for keeping the animal. The appeal shall be made, in writing, to the Police Chief or to his designee, and shall be limited to the issues of the propriety of the impound and whether or not the fees for redemption have been properly calculated. (Ord. 4185, 11-14-88)

6-6-7 RESPONSIBILITIES OF ANIMAL CONTROL OFFICER:

A.  The City’s Animal Control Officer shall keep an adequate record of all animals impounded, together with a description of such animal, the date of impounding and the name and address, if known, of the owner or custodian of such animal, together with the date of redemption, if any. The City shall likewise furnish unto the City’s Animal Control Officer proper receipt books, including triplicate forms, for the collection of all fines and fees due and collected under this Section and same shall be remitted, at least monthly, unto the Finance and Information Services Administrator, together with a complete set of copies of all such receipts.

B.  The City’s Animal Control Officer is hereby authorized and directed to issue an appropriate citation for any violation of any terms and conditions in this Chapter. (Ord. 4185, 11-14-88)

6-6-8 DANGEROUS DOGS:

A.  It is unlawful for an owner to have a dangerous dog in the City without a certificate of registration issued under this Section. This Section shall not apply to dogs used by law enforcement officials for police work.

B.  The Police Department of the City shall issue a certificate of registration to the owner of such dangerous dog if the owner presents to the animal control unit sufficient evidence of:

1.   A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and

2.   A policy of liability insurance, such as homeowners’ insurance, issued by an insurer qualified under Title 48 RCW, or a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the City, in the amount of at least two hundred fifty thousand dollars ($250,000), insuring the owner for any personal injuries inflicted by the dangerous dog.

C.  It is unlawful for an owner of a dangerous dog to permit the dog to be outside of the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

D.  Dogs shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime. (Ord. 4185, 11-14-88; amd. Ord. 4964, 5-13-02; Ord. 4983, 9-23-02)

6-6-9 CONFISCATION, HEARING, AND APPEAL PROCEDURES FOR DANGEROUS DOGS:

A.  Confiscation: Any dangerous dog shall be immediately confiscated by an animal control authority if the dog is not validly registered, the owner has not secured the liability insurance as required, or the dog is not maintained in the proper enclosure. Said dog shall be placed in quarantine for a maximum of 10 business days, to allow the owner time to comply with the requirements of this chapter. If the owner is unable to comply, the dog shall be immediately destroyed in an expeditious and humane manner. Costs of this procedure shall be assessed against the owner or keeper of the dangerous dog.

      If a dog that has been previously determined to be dangerous is not within a proper enclosure and is not under physical restraint of a responsible person, said dog is subject to immediate confiscation and destruction after 72 hours.

B.  Hearing And Appeal Procedure:

1.   The animal control officer will serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, of the city’s intent to have the dog declared dangerous. The notice will be sent to the last known address of the owner, if the owner is known. For purposes of determining the 10 days within which a determination must be made, the notice will be deemed received on the third day after its posting in the regular mail. In the event the owner is not known, notice shall be accomplished by a public notification in a newspaper of general circulation in the City of Renton. For purposes of determining the 10 days within which a determination must be made, the notice will be deemed received on the day of publication. The dog owner may ask for a continuance of the determination date, but, in no event may that date be more than 10 days after the notice was received.

2.   The notice must state:

a.   The code section permitting the proposed action;

b.   The reasons the City considers the animal dangerous;

c.   A statement that the dog is subject to registration and controls required by this chapter;

d.   An explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous, including the owner’s right to submit written materials explaining why the dog should not be declared dangerous;

e.   The date by which written materials must be received by the Police Chief;

f. The date by which the determination of dangerousness will be made; and

g. A description of the dog.

3. The Police Chief or his/her designee shall make a determination whether the dog is dangerous as defined herein. Said determination must occur prior to the expiration of 10 calendar days following delivery of the notice. If the chief or the chief’s designee determines that the dog is more probably than not a dangerous dog, he/she shall make the determination that the dog is dangerous.

4.   After such decision, the chief of police or his/her designee must issue a final determination, in the form of a written order, within seven calendar days. In the event the dog is determined to be dangerous, the order shall include:

a.   The authority for the action,

b.   A brief concise statement of the facts that support the determination,

c.   An explanation of the insurance and enclosure requirements set out in this chapter, and

d.   The signature of the person who made the determination.

The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the city. In the event the owner is not identified before the final determination is made, the order need not be published or otherwise sent to the owner.

5.   The owner may appeal the Police Chief’s (or his/her designee’s) final determination that the dog is dangerous to the Municipal Court. The Municipal Court shall sit in an appellate capacity only, the record being limited to the materials considered by the Police Chief or his/her designee. The decision of the Municipal Court is not subject to appeal.

6. The owner must make such appeal within 15 days of receiving the final determination. For purposes of this provision, the final determination is deemed received on the third day after its posting in the regular mail.

7.   While the determination and appeal, if any, is pending, the dog will be confined or controlled in compliance with this chapter. If the dog is determined to be dangerous, the owner must pay all costs of confinement, and control, and, if the dog is destroyed, the cost of destruction.

8.   If, after a final determination of dangerousness, the owner does not comply with the requirements of this chapter for keeping a dangerous dog within 10 working days, the dog will be destroyed as set out herein. (Ord. 4185, 11-14-88; amd. Ord. 4916, 9-10-01; Ord. 4983, 9-23-02)

6-6-10 SUBMISSION OF SUSPECTED RABID ANIMALS TO AUTHORITIES; GROUNDS FOR IMPOUNDMENT AND IMPOUNDMENT FEE:

A.  It shall be unlawful for the owner or custodian of any animal known to have bitten or scratched any person or persons, or other animal or animals, to harbor or keep such dog without permitting an examination or inspection of such dog by the Animal Control Officer or any other duly constituted authority having jurisdiction thereover. If after such inspection or examination, good cause appears that such animal is suffering or has been exposed to rabies, such animal shall be quarantined from other animals for a ten (10) day period from such determination of possible exposure. The animal may be quarantined by the owner, upon proof of an ability to prevent contact with other animals, or by the enforcing agency in case the owner is unable to provide effective quarantine.

B.  Any animal quarantined under this Section may be released from quarantine at the expiration of ten (10) days or prior thereto, or upon the determination of the King County Health Department veterinarian that it is free from such disease. No animal impounded under the provision of this Section by the enforcing agency shall be released except upon payment to the impounding authority of a maintenance charge of two dollars ($2.00) for each day of such confinement. (Ord. 3777, 12-19-83)

6-6-11 CRUELTY TO ANIMALS; FAILURE TO AID INJURED ANIMAL UNLAWFUL:

A.  It shall be unlawful for any person to wilfully or cruelly injure or kill any animal by any mode or means causing it unnecessary fright or pain; it shall further be unlawful for any person, by neglect or otherwise, to cause or allow any animal to endure pain, suffering or injury, or to fail or neglect to aid or attempt alleviation of any pain, suffering or injury so caused to any animal by such person or persons. A violation of this Section shall constitute a misdemeanor punishable by a fine of up to $1,000, not including costs, and up to 90 days in jail, and forfeiture of the animal or animals involved. Forfeiture is not mandatory.

B.  Any law enforcement or animal control officer having probable cause to believe a violation of this Section has occurred may remove and restore the animal or animals in accordance with the applicable provisions of RCW 16.52.085.

C.  RCW 16.52.085 is hereby adopted by reference, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Ord. 3777, 12-19-83; amd. Ord. 4964, 5-13-02; Ord. 5024, 11-3-03)

6-6-12 WILD OR DANGEROUS ANIMALS:

The keeping of wild or dangerous animals is prohibited, with the exception of dangerous dogs under the provisions of RMC 6-6-8. A violation of this Section shall constitute a misdemeanor punishable by a fine of up to $1,000, not including costs, and up to 90 days in jail. (Ord. 4964, 5-13-02)

CHAPTER 7
BOAT SPEED ON CEDAR RIVER

SECTION:

6-7-1: Speed

6-7-1 SPEED:

It shall be unlawful for the operator of any boat or other type of vehicle traveling on water to operate the same in excess of five miles per hour (5 mph) on the Cedar River between its mouth and the Northern Pacific Railway Bridge. (Ord. 1903, 7-25-61)

CHAPTER 8
CABARET REGULATIONS

SECTION:

6-8-1: Definitions

6-8-2: Hours Of Operation

6-8-3: Closed Booths Unlawful

6-8-4: Lighting, Space And Appearance Requirements

6-8-5: Complaints Investigated

6-8-6: Severability

6-8-7: Exemptions

6-8-1 DEFINITIONS:

When used in this Chapter and unless otherwise distinctly expressed, the following words and phrases shall have the meaning set out herein:

CABARET: Any room, place or space, or portion thereof open to the public or any private group or individual, admission to which requires membership or a payment of any fee or cover charge or minimum service charge, or which is operated for gain or profit and a purpose of which is to provide a forum for:

A.  Theatrical performances or plays;

B.  Interpretive, expressive or exhibition dances;

C.  Dances or dancing, or a public dance hall;

D.  Vaudeville shows or variety shows;

E.  Vocal or other musical productions by persons present;

F.  Recorded music or a combination of video and recorded music.

PERSON: Shall include an individual, firm, non-profit corporation, corporation, company, partnership, association, unincorporated association and any person acting in a fiduciary capacity.

PUBLIC DANCE: Any dance which is open to the public.

PUBLIC DANCE HALL: Any place where a public dance is conducted, operated or maintained. (Ord. 3915, 6-3-85)

6-8-2 HOURS OF OPERATION:

No cabaret shall operate in any manner whatsoever, between the hours of two o’clock (2:00) A.M. and six o’clock (6:00) A.M. (Ord. 3776, 12-19-83)

6-8-3 CLOSED BOOTHS UNLAWFUL:

It shall be unlawful for any person owning, operating, managing or conducting any cabaret to have, permit or maintain any boxes or booths closed by any door, screen, curtain or other device, or to have, permit or maintain any box or booth on the premises of any cabaret with entrance thereto on any side other than that which faces the center line of the main room. (Ord. 3776, 12-19-83)

6-8-4 LIGHTING, SPACE AND APPEARANCE REQUIREMENTS:

A.  Every cabaret licensed under the provisions of this Section shall be so lighted or illuminated by either gas, electricity or other means that the intensity of such illumination shall be at no time less than three (3) foot candles at a plane three feet (3’) above the floor, within all areas of said cabaret premises. It shall be unlawful for any person in charge of a cabaret to admit any patron thereto until said establishment is duly illuminated as provided for herein. Such lighting or illumination shall be maintained thereafter throughout the entire time during which such cabaret shall be open or entertaining patrons and until such time as same shall be cleared and closed. (Ord. 3776, 12-19-83)

6-8-5 COMPLAINTS INVESTIGATED:

The Chief of Police or his duly authorized representative shall promptly investigate all complaints against any establishment, operator or manager of a cabaret. (Ord. 3776, 12-19-83)

6-8-6 SEVERABILITY:

The provisions of this Chapter are hereby declared to be severable. If any word, phrase, clause, sentence, paragraph, section or part in or of this Chapter, or the application thereof to any person or circumstance, is declared invalid, the remaining provisions and the application of such provisions to other persons or circumstances shall not be affected thereby, but shall remain in full force and effect, the Mayor and City Council hereby declaring that they would have ordained the remaining provisions of this Chapter without the word, phrase, clause, sentence, paragraph, section or part or the application thereof, so held invalid. (Ord. 3892, 2-25-85)

6-8-7 EXEMPTIONS:

The following shall be exempt:

A.  Any room, place or space where background music is played and not offered as a substantial inducement for patronage;

B.  Religious services when no mandatory fee is charged for such service;

C.  School events sponsored by a grade school, middle school, high school, college or university;

D.  Events relating to school sponsored events as described above such as post-prom or post-graduation events when entry is not extended to the general public.

E.  Those portions of any place used exclusively as a private residence;

F.  Those portions of any place when not being used as a cabaret;

G.  Any event sponsored by a charitable organization as defined in RCW 19.09.020(2);

H.  Any business while its hours of operation are controlled by the Washington State Liquor Control Board or its successor agencies. (Ord. 3915, 6-3-85)

CHAPTER 9
CHILDREN, UNATTENDED

SECTION:

6-9-1: Leaving Children Without Adult Supervision In Vehicle

6-9-1 LEAVING CHILDREN WITHOUT ADULT SUPERVISION IN VEHICLE:

A.  It is unlawful for any person, while in charge of a vehicle, to park or wilfully allow such vehicle to stand upon a public highway or public place leaving a child under the age of eight (8) years without adult supervision.

1.   “Without adult supervision” means:

a.   No adult occupants are physically present in the vehicle while the engine is running; or

b.   No adult or person of responsible age is physically present in the vehicle for five minutes or longer while the vehicle engine is turned off.

2.   “Adult” means a person over 18 years of age.

3.   “Person of responsible age” means a person over 11 years of age. (Amd. Ord. 4823 12-20-99)

B.  Whereas not less than three (3) printed copies in book form of title 46 RCW and title 9 RCW have heretofore been filed and are now on file in the office of the City Clerk of the City for use and examination by the general public; now, therefore, RCW 46.61.600 and RCW 9.91.060 are hereby adopted and shall be in full force and effect within the City limits of the City. (Ord. 3342, 7-23-79)

CHAPTER 10
CRIMINAL CODE

SECTION:

6-10-1: Code Sections Adopted

6-10-2: Amendments, Modifications Accepted

6-10-3: Record Kept By Clerk

6-10-4: Severability

6-10-5: Additional Code Section Amendments

6-10-1 CODE SECTIONS ADOPTED:

The following sections of RCW Title 9A, Washington Criminal Code; Title 9, Crimes and Punishments; Title 10, Criminal Procedure; Title 26, Domestic Relations; Title 69, Food, Drugs, Cosmetics and Possession; Title 70, Public Health and Safety; and Title 77, Fish and Wildlife, have heretofore been filed and are now on file in the office of the City Clerk and made available for use and examination by the general public, and are hereby adopted as part of Title VI (Police Regulations): (Amd. Ord. 4968, 5-20-02; Ord. 5078, 5-17-2004)

A.  9A.36.041, 9A.36.050, 9A.36.070 and 9A.36.150.

B.  9A.42.035, 9A.48.010, 9A.48.050, 9A.48.060, 9A.48.090, 9A.48.100, and 9A.49.030, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Amd. Ord. 4968, 5-20-02)

C.  9A.50.020 and 9A.50.030.

D.  9A.52.010, 9A.52.060, 9A.52.070, 9A.52.080, 9A.52.090, 9A.52.100 and 9A.52.120. (Amd. Ord. 4674, 7-28-97)

E.  9A.56.010, 9A.56.020, 9A.56.050, 9A.56.060, 9A.56.096, 9A.56.100, 9A.56.140, 9A.56.170, 9A.56.180, 9A.56.220, and 9A.56.270, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Amd. Ord. 4686, 10-27-97; Ord. 4968, 5-20-02)

F.  9A.60.010, 9A.60.030, 9A.60.040, 9A.60.045, and 9A.60.050. (Amd. Ord. 5076, 5-17-2004)

G.  9A.72.010, 9A.72.040, 9A.72.050, 9A.72.060, 9A.72.070, 9A.72.080, 9A.72.140 and 9A.72.150.

H.  9A.76.010, 9A.76.020, 9A.76.030, 9A.76.040, 9A.76.050, 9A.76.060, 9A.76.070, 9A.76.080, 9A.76.090, 9A.76.100, 9A.76.130, 9A.76.160, 9A.76.170 and 9A.76.175 as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Amd. Ord. 4674, 7-28-97)

I.  9A.80.010, 9A.84.010, 9A.84.020, 9A.84.030 and 9A.84.040.

J.  9A.44.096, 9A.44.130, 9A.88.010, 9A.88.030, 9A.88.050, 9A.88.060, 9A.88.090 and 9A.88.110 as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Amd. Ord. 4674, 7-28-97)

K.  9.01.055, 9.03.010, 9.03.020, 9.08.070, 9.35.030, 9.40.100, 9.41.050, 9.41.140, 9.41.230, 9.41.240, 9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.41.300, 9.47A.010, 9.47A.020, 9.47A.030, 9.47A.040, 9.47A.050, 9.61.230, 9.61.240, 9.61.250, 9.66.010, 9.66.020, 9.66.030, 9.66.050, 9.68A.090, 9.68A.110, 9.68A.140, 9.68A.150, 9.68A.160, 9.91.025, 9.91.140, 9.91.060, 9.91.130, and 9.91.170 as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Amd. Ord. 4674, 7-28-97; Ord. 4686, 10-27-97; Ord. 4753, 11-23-98; Ord. 4968, 5-20-02)

L.  69.50.403.

M.  9.45.190, 9.45.210, 9.45.220, 9.45.230, 9.45.240 and 9.45.250.

N.  9A.08.020, 9A.08.030.

O.  9A.28.020, 9A.28.030 and 9A.28.040, as they relate only to offenses defined as misdemeanors.

P.  9A.40.070, 9A.46.020, 9A.46.110, 26.09.300, 26.10.220, 26.26.138, 26.44.063, 26.44.067, 26.50.110, 69.43.110, and 69.43.120, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Amd. Ord. 4674, 7-28-97; Ord. 4968, 5-20-02)

Q.  28A.635.020, 28A.635.030, 28A.635.040, 28A.635.050, 28A.635.070, 28A.635.090, 28A.635.100, 28A.635.110 and 28A.635.120, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Amd. Ord. 4674, 7-28-97)

R.  26.28.080 and 26.28.085, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Ord. 4360, 7-27-92; amd. Ord. 4637, 10-7-96; Ord. 4674, 7-28-97; Ord. 4968, 5-20-02)

S.  77.15.460, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Ord. 4968, 5-20-02)

T.  10.99.010, 10.99.020, 10.99.030, 10.99.040, 10.99.045, 10.99.050, 10.99.055, 10.99.060, 10.99.070, and 10.99.900, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Ord. 4968, 5-20-02)

U.  70.77.485, 70.77.488, 70.77.510, 70.77.515, and 70.77.520. (Ord. 5078, 5-17-2004)

6-10-2 AMENDMENTS, MODIFICATIONS ACCEPTED:

Any and all amendments, additions or modifications to said Code, relating to the above sections, when printed and filed with the City Clerk of the City by authorization of the City Council from time to time, shall be considered and accepted and constitute a part of such Code without the necessity of further adoption of such amendments, modifications or additions by the legislative authority of the City or by ordinance. (Ord. 3156, 9-26-77)

6-10-3 RECORD KEPT BY CLERK:

The City Clerk is hereby authorized and directed to duly authenticate and record a copy of the abovementioned together with any amendments or additions thereto, together with an authenticated copy of this Ordinance. (Ord. 3156, 9-26-77)

6-10-4 SEVERABILITY:

If any part or provision of said Code be in conflict with any other Code heretofore or hereafter adopted by the City, then in any such event, the more restrictive provision shall be applicable and control. (Ord. 3156, 9-26-77)

6-10-5 ADDITIONAL CODE SECTION AMENDMENTS:

Not less than three (3) printed copies in book form of chapter 106, laws of 1981, title 10 RCW have heretofore been filed and are now on file in the office of the City Clerk of the City for use and examination by the general public; now therefore chapter 106, laws of 1981 and RCW 10.31.100 are hereby adopted and shall be in force and effect within the City limits of the City of Renton. (Ord. 3574, 9-14-81)

CHAPTER 11
DELINQUENCY

SECTION:

6-11-1: Definition

6-11-2: Contributing To Delinquency

6-11-1 DEFINITION:

For the purpose of this Chapter the term “delinquent child” shall mean any child under the age of eighteen (18) years who violates any law of this State or regulation of this City defining a crime, or who habitually uses vile, obscene, vulgar, profane or indecent language, or is guilty of immoral conduct; and the term “delinquency” shall mean any such act or conduct constituting any such child a “delinquent child”. (Ord. 1546, 5-15-56)

6-11-2 CONTRIBUTING TO DELINQUENCY:

Any parent, legal guardian or person having custody of the child, or any other person, who by any act or omission encourages, causes or contributes to the delinquency of any “delinquent child” as herein defined, upon conviction, shall be guilty of a misdemeanor. (Ord. 4462, 7-25-94, eff. retroactive to 7-1-94)

CHAPTER 12
DRUG PARAPHERNALIA, SALES OR USE

SECTION:

6-12-1: Uniform Controlled Substances Act Adopted By Reference

6-12-2: Prescription Drugs

6-12-3: Drug Paraphernalia Infraction

6-12-4: Severability Clause

6-12-1 UNIFORM CONTROLLED SUBSTANCES ACT ADOPTED BY REFERENCE:

The Uniform Controlled Substances Act, RCW 69.50, specifically sections 69.50.101; 69.50.102; 69.50.201 through 69.50.213; 69.50.308; 69.50.309; 69.50.4014; 69.50.408; 69.50.412; 69.50.425; 69.50.505; 69.50.506; 69.50.509; 69.50.510; 69.50.511; 69.50.520; 69.50.601; as now or hereafter amended, and all other statutes adopted by reference therein are each adopted by reference as if fully set forth herein. (Ord. 4484, 11-28-94, eff. retroactive to 7-1-94; amd. Ord. 5076, 5-17-2004)

6-12-2 PRESCRIPTION DRUGS:

RCW 69.41.010, 69.41.030, 69.41.050, 69.41.070 and 69.41.320, insofar as they apply to misdemeanor or gross misdemeanor offenses, are hereby adopted by reference, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Ord. 4674, 7-28-97)

6-12-3 DRUG PARAPHERNALIA INFRACTION:

Engrossed House Bill 2772 of the 1998 Regular Session Laws relating to the delivery of drug paraphernalia is adopted by this reference as now or hereafter amended as if fully set forth herein. (Ord. 4729, 6-22-98)

6-12-4 SEVERABILITY CLAUSE:

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter, or the application of the provision to other persons or circumstances is not affected. (Ord. 4674, 7-28-97; amd. Ord. 4729, 6-22-98)

CHAPTER 13
DRUG SALES OR USE
(Rep. by Ord. 4463, 7-25-94, eff. retroactive to 7-1-94)

CHAPTER 14
LITTER

SECTION:

6-14-1: City Of Renton Anti-Litter Law

6-14-2: Definitions

6-14-3: Litter In Public Places

6-14-4: Placement Of Litter In Receptacles

6-14-5: Sweeping Litter Into Gutters

6-14-6: Merchants’ Duty

6-14-7: Litter Thrown By Persons In Vehicles

6-14-8: Truck Loads Causing Litter

6-14-9: Litter In Parks

6-14-10: Litter In Lakes And Fountains

6-14-11: Throwing Or Distributing Commercial Handbills In Public Places

6-14-12: Placing Commercial And Noncommercial Handbills On Vehicles

6-14-13: Depositing Commercial And Noncommercial Handbills On Uninhabited Or Vacant Premises

6-14-14: Prohibiting Distribution Of Handbills Where Properly Posted

6-14-15: Distributing Commercial And Noncommercial Handbills At Inhabited Private Premises

6-14-16: Dropping Litter From Aircraft

6-14-17: Posting Notices Prohibited

6-14-18: Litter On Occupied Private Property

6-14-19: Owner To Maintain Premises Free Of Litter

6-14-20: Litter On Vacant Lots

6-14-21: Clearing Of Litter From Open Private Property By City

6-14-22: Violation; Penalties

6-14-23: Adoption By Reference

6-14-1 CITY OF RENTON ANTI-LITTER LAW:

This Chapter shall be known and may be cited as the City of Renton Anti-Litter Law.

6-14-2 DEFINITIONS:

For the purposes of this Chapter the following terms, phrases, words and their derivations shall have the meaning given herein:

AIRCRAFT: Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word “aircraft” shall include helicopters and lighter-than-air dirigibles and balloons.

COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:

A.  Which advertises for sale any merchandise, product, commodity or thing; or

B.  Which directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

C.  Which directs attention to or advertise any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required by any law of this State, or under any ordinance of the City of Renton; or

D.  Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

GARBAGE: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

LITTER: Garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

NEWSPAPER: Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.

NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

PARK: A park, reservation, playground, beach, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.

PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PREMISES: Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, square, spaces, grounds and buildings.

REFUSE: All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, motor vehicle parts, and solid market and industrial wastes. (Amd. Ord. 4792, 9-13-99)

RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

6-14-3 LITTER IN PUBLIC PLACES:

No person shall throw or deposit litter in or upon any street, sidewalk, alley or other public place within the City except in public receptacles or in authorized private receptacles for collection.

6-14-4 PLACEMENT OF LITTER IN RECEPTACLES:

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, alley, sidewalk or other public place.

6-14-5 SWEEPING LITTER INTO GUTTERS:

No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter at all times.

6-14-6 MERCHANTS’ DUTY:

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.

6-14-7 LITTER THROWN BY PERSONS IN VEHICLES:

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City.

6-14-8 TRUCK LOADS CAUSING LITTER:

No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck

within the City the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances or foreign matter of any kind. (Ord. 1700, 10-28-58)

6-14-9 LITTER IN PARKS:

No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (Ord. 1700, 10-28-58)

6-14-10 LITTER IN LAKES AND FOUNTAINS:

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the City. (Ord. 1700, 10-28-58)

6-14-11 THROWING OR DISTRIBUTING COMMERCIAL HANDBILLS IN PUBLIC PLACES:

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the City for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. 1700, 10-28-58)

6-14-12 PLACING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON VEHICLES:

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. Provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 1700, 10-28-58)

6-14-13 DEPOSITING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON UNINHABITED OR VACANT PREMISES:

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 1700, 10-28-58)

6-14-14 PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPERLY POSTED:

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: “No Trespassing”, “No Peddlers or Agents”, “No Advertisements”, or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 1700, 10-28-58)

6-14-15 DISTRIBUTING COMMERCIAL AND NONCOMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES:

No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this Chapter, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations.

The provisions of this Section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein). (Ord. 1700, 10-28-58)

6-14-16 DROPPING LITTER FROM AIR CRAFT:

No person in any aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object. (Ord. 1700, 10-28-58)

6-14-17 POSTING NOTICES PROHIBITED:

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree or upon any structure or building, except as may be authorized or required by law. (Ord. 1700, 10-28-58)

6-14-18 LITTER ON OCCUPIED PRIVATE PROPERTY:

No person shall throw or deposit litter on any occupied private property within the City whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Ord. 1700, 10-28-58)

6-14-19 OWNER TO MAINTAIN PREMISES FREE OF LITTER:

The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. (Ord. 1700, 10-28-58)

6-14-20 LITTER ON VACANT LOTS:

No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. (Ord. 1700, 10-28-58)

6-14-21 CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY CITY:

A.  Notice to Remove: The Building Official is hereby authorized and empowered to notify the owner of any open or vacant private property within the City or the agent of such owner to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner, at his last known address.

B.  Action Upon Noncompliance: Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within five (5) days after receipt of written notice provided for in Section 6-14-21A above, or within seven (7) days after the date of such notice in the event the same is returned to the City Post Office Department because of its inability to make delivery thereof, provided same was properly addressed to the last known address of such owner or agent, the Building Official is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the City. When the City has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner within ten (10) days after presentation of such bill. (Ord. 1700, 10-28-58; amd. Ord. 2823, 1-21-74)

C.  Lien for Disposal Service: Where the full amount due the City is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for hereinabove, then in that case the City by and through its duly authorized officials shall cause to be recorded in the King County Auditor’s office a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on said property and shall be foreclosed in the manner and within the time prescribed for liens for labor and material. Said disposal service lien shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of it with the County Auditor except the lien of general taxes and local improvement assess-

      ments whether levied prior or subsequent thereto. (Ord. 1700, 10-28-58)

6-14-22 VIOLATION; PENALTIES:

It shall be unlawful for any person to violate any of the provisions of this chapter. First offense violations of this chapter shall constitute a civil infraction. Any subsequent violations of this chapter within one year of the first offense shall constitute a misdemeanor. Penalties for any person found to have committed a violation of this chapter shall be in accordance with RCW 7.80.120 and RCW 70.93.060. (Ord. 4462, 7-25-94, eff. retroactive to 7-1-94; amd. Ord. 4686, 10-27-97; Ord. 4927, 12-3-01)

6-14-23 ADOPTION BY REFERENCE:

RCW 70.93.060 is hereby adopted by reference as now or hereafter amended and all other statutes adopted by reference therein as if fully set forth herein. (Ord. 4686, 10-27-97)

CHAPTER 15
MASSAGE BUSINESS

SECTION:

6-15-1: Definitions

6-15-2: Unlawful To Advertise Without License

6-15-3: Unlawful To Admit Or Employ Certain Persons

6-15-4: Unlawful To Attend Patron Of Opposite Sex

6-15-5: Violations; Penalties

6-15-6: Certain Acts Declared To Be A Nuisance

6-15-7: Nuisance May Be Abated

6-15-8: Nuisance As Grounds For License Revocation

6-15-1 DEFINITIONS:

For the purpose of this Section, the following terms, words and phrases shall have the following meanings and definitions: (Ord. 3781, 12-19-83)

ANATOMICAL AREA: Less than completely opaque covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola. (Ord. 3843, 9-24-84)

FACILITY: Any of the foregoing definitions or any combination thereof.

MASSAGE BUSINESS: Any place where massage or other treatment to the body of another person by rubbing, kneading, hitting or any other manipulation are given or furnished, including the use of equipment, machinery or appliances in connection with the foregoing. (Ord. 3781, 12-19-83)

SEXUAL ACTIVITIES: Any act of human masturbation, sexual intercourse, fellatio, cunnilingus, sodomy, of fondling or other erotic touching of the human genitals, pubic region, anus or female breast. (Ord. 3843, 9-24-84)

6-15-2 UNLAWFUL TO ADVERTISE WITHOUT LICENSE:

It shall be unlawful to advertise the giving of any treatment or service of a massage business as hereinabove defined by a person or in an establishment not licensed or otherwise qualified pursuant to the terms of this Chapter. (Ord. 3781, 12-19-83)

6-15-3 UNLAWFUL TO ADMIT OR EMPLOY CERTAIN PERSONS:

It shall be unlawful for the owner, proprietor, manager or person in charge of any “massage business” as herein defined, or for any employee or agent of such establishment to knowingly harbor, admit, receive or permit to be or remain in or about such premises any prostitute, lewd or dissolute person or any drunk or boisterous person or any person under the influence of any narcotic drugs, or any person including any employee or agent of such facility who by his or her conduct on such premises tends in any way to corrupt or debauch public morals. (Ord. 3781, 12-19-83)

6-15-4 UNLAWFUL TO ATTEND PATRON OF OPPOSITE SEX:

It shall be unlawful for an attendant or operator other than a chiropractor, osteopath, chiropodist, drugless healer, doctor of medicine, licensed practical or registered nurse, masseuse or masseur graduated or certified from a duly State licensed training school or, in lieu thereof, having practical working experience of not less than two (2) years as such masseuse or masseur, when otherwise duly licensed by the State, of any “massage business” as hereinabove defined, to attend a patron of the opposite sex while such patron is undergoing a massage, treatment or taking a bath; it shall be unlawful for the owner, manager or person in charge of a massage business to permit or suffer such an attendant other than hereinabove excepted to attend a patron of the opposite sex while such patron is undergoing a massage or treatment or taking a bath. The above educational requirements relating to graduated masseuse or masseur or certificated from a duly State licensed training school, or in lieu thereof, having practical working experience of not less than two (2) years as such masseuse or masseur, shall become effective as of January 1, 1971. Each such attendant or operator shall at all times, while giving such massage, or otherwise attending such patron, be appropriately dressed, including undergarments, smock or customary uniform. (Ord. 3781, 12-19-83)

6-15-5 VIOLATIONS; PENALTIES:

Every person, whether as principal, agent or otherwise, who fails, neglects or refuses to comply with any provisions or terms of this Chapter or violates the same shall, upon conviction, be guilty of a misdemeanor. Each day of such failure, neglect or refusal to comply with the provisions of this Chapter or the violation of same, shall constitute a separate offense hereunder. (Ord. 4462, 7-25-94, eff. retroactive to 7-1-94)

6-15-6 CERTAIN ACTS DECLARED TO BE A NUISANCE:

A.  It is unlawful for any person employed by or acting as an independent contractor of a massage business to expose or permit any other person to expose any anatomical area as defined herein.

B.  It is unlawful for any massage business to permit an employee, independent contractor, patron or other person upon its premises to engage in sexual activities therein.

C.  It is unlawful for any massage business to permit any employee, independent contractor or any other person upon its premises to agree to engage in sexual activities.

D.  The occurrence of any act declared unlawful by this Section shall constitute a public nuisance.

E.  Conviction of any owner, employee, patron or other person upon the premises of a massage business of the crime of prostitution shall be prima facie proof of violation of this Section and shall constitute a public nuisance. Any such public nuisance shall be deemed to have been committed by the massage business and on the premises of the massage business. (Ord. 3843, 9-24-84)

6-15-7 NUISANCE MAY BE ABATED:

Any act described to be a nuisance pursuant to Section 6-15-6 of the City Code of the City, and any premises or massage business which is found to be a public nuisance pursuant to Section 6-15-6 of the City Code of the City shall be subject to abatement through an action filed and prosecuted in any court of general jurisdiction of this State. In the event that the Court finds that such a nuisance exists, then the court shall award to the City, in addition to the other relief permitted, the attorney’s fees and all costs incurred by the City in the investigation and prosecution of the nuisance abatement proceeding, including any appeal and all costs incurred in the abatement of the public nuisance. (Ord. 6843, 9-24-84)

6-15-8 NUISANCE AS GROUNDS FOR LICENSE REVOCATION:

A.  Any act occurring in the massage business which is declared to be illegal or a nuisance pursuant to Section 6-15-6 of the City Code shall be grounds for the revocation of the business license of the massage business. Upon determination by the Finance and Information Services Administrator of the City that the business license of the massage business is subject to revocation, the Finance and Information Services Administrator shall give notice to the license holder by certified mail, return receipt requested, to the address stated on the business license application of the intent of the Finance and Information Services Administrator to revoke the business license. Such notice shall be given not less than ten (10) days before the effective date of the revocation. Such notice of intent to revoke the business license of the massage business shall specify the grounds upon which the revocation is based, the effective date of the revocation, and the right of appeal from the determination of the Finance and Information Services Administrator to the Hearing Examiner of the City.

B.  In the event that the license holder shall request a hearing to contest the determination of the Finance and Information Services Administrator to revoke the business license, such appeal shall be heard by the Hearing Examiner of the City.

C.  The burden of proof before the Hearing Examiner shall rest upon the City to prove the existence of grounds to revoke the business license of the massage business. It shall be no defense in the license revocation proceeding that there exists a written or oral agreement between the license holder or an employee, independent contractor or other person alleged to have committed acts declared to be a nuisance herein, that the person would not perform illegal acts on the premises of the massage business. Proof of conviction of any employee, owner or independent contractor or other person while on the premises of a massage business, of the crime of prostitution, shall be prima facie proof of grounds to revoke the business license of the massage business. (Ord. 3843, 9-24-84)

CHAPTER 16
OVERSIZE LOADS

SECTION:

6-16-1: Definition

6-16-2: Permit Required

6-16-3: Application For Permit

6-16-4: Liability Insurance And Bond Required

6-16-5: Additional Cost Reimbursement

6-16-1 DEFINITION:

OVERSIZE LOAD: A housing structure of any type or description, or any other structure, load or motor vehicle with a height, width or length exceeding the limitations set forth in RCW chapter 46.44.

6-16-2 PERMIT REQUIRED:

It shall be unlawful for any person to engage in any moving, transportation of, removing or hauling of an oversize load over, across or upon any public street, alley, roadway or public place without first having obtained and being the owner and holder of a valid permit therefor to be known as an “oversize load moving permit”. The fee for such permit is hereby fixed in the sum of ten dollars ($10.00). The permit shall be posted and conspicuously displayed on the oversize load, or carried on the person of the party in charge of such moving and said permit shall be displayed at the request of any duly authorized official of the City.

6-16-3 APPLICATION FOR PERMIT:

Any person desiring a oversize load permit shall make written application therefor to the Department of Public Works