Title 9
PUBLIC PEACE, MORALS AND SAFETY

Chapters:

9.01 Preliminary Article

9.02 Advertising, Crimes Relating to

9.04 Alcoholic Beverages

9.06 Animals, Crimes Relating to

9.08 Anticipatory Offenses

9.10 Children and Minors, Crimes Relating to

9.12 Civil Emergency

9.14 Controlled Substances, Paraphernalia, Poisons and Toxic Fumes

9.16 Debris on Roadway

9.18 Explosives

9.20 False Alarms

9.22 Fire, Crimes Relating to

9.24 Firearms and Dangerous Weapons

9.26 Fireworks

9.28 Frauds, Swindles and False Representations

9.30 Gambling

9.32 Parks

9.34 Persons, Crimes Relating to

9.36 Property, Crimes Relating to

9.38 Public Morals, Crimes Relating to

9.40 Public Officers, Crimes Relating to

9.42 Public Peace, Crimes Relating to

9.44 Abandoned Vehicles

9.46 Miscellaneous Crimes

9.48 Construction and Severability

9.50 Skateboard Operation

Chapter 9.01
PRELIMINARY ARTICLE

Sections:

9.01.010 General provisions.

9.01.020 Principles of liability.

9.01.030 Defenses.

9.01.040 Contempt of court.

9.01.050 Penalty.

9.01.060 Amendments to state statutes.

9.01.065 Reimbursement of costs.

9.01.010 General provisions.

The following statutes of the state of Washington, including any future amendments and additions thereto, and repeals thereof, are adopted by reference:

RCW 7.80.120 Monetary penalties — Restitution

RCW 9.01.055 Citizen immunity of aiding officer

RCW 9.01.110 Omission, when not punishable

RCW 9.01.130 Sending letter, when complete

RCW 9A.04.020 Purposes — Principles of construction

RCW 9A.04.040 Classes of crime

RCW 9A.04.050 People capable of committing crimes (capability of children)

RCW 9A.04.060 Common law to supplement statutes

RCW 9A.04.070 Who amenable to criminal statutes

RCW 9A.04.090 Application of general provisions of the code

RCW 9A.04.100 Proof beyond a reasonable doubt

RCW 9A.04.110 Definitions(Ord. 1987 § 2, 1998: Ord. 1244 § 4 (part), 1985).

9.01.020 Principles of liability.

The following statutes of the state of Washington are adopted by reference:

RCW 9A.08.010 General requirements of culpability

RCW 9A.08.020 Liability of conduct of another, complicity

RCW 9A.08.030 Criminal liability of corporations and persons acting under a duty to act in their behalf(Ord. 1244 § 4 (part), 1985).

9.01.030 Defenses.

The following statutes of the state of Washington are adopted by reference:

RCW 9A.12.010 Insanity

RCW 9A.16.010 Definition

RCW 9A.16.020 Use of force — When lawful

RCW 9A.16.060 Duress

RCW 9A.16.070 Entrapment

RCW 9A.16.080 Action for being detained on mercantile establishment of premises for investigation — "Reasonable grounds" as defense

RCW 9A.16.090 Intoxication(Ord. 1244 § 4 (part), 1985).

9.01.040 Contempt of court.

The following statutes of the state of Washington are adopted by reference:

RCW 7.21.010 Definitions

RCW 7.21.020 Sanctions — Who may impose

RCW 7.21.030 Remedial sanctions — Payment for losses

RCW 7.21.040 Punitive sanctions — Fines

RCW 7.21.050 Sanctions — Summary imposition — Procedure

RCW 7.21.070 Appellate review(Ord. 1844 §§ 1, 2, 1995: Ord. 1244 § 4 (part), 1985).

9.01.050 Penalty.

A. Unless otherwise provided, any person violating any of the provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not to exceed one thousand dollars or by imprisonment in jail for a term not exceeding ninety days, or by both such fine and imprisonment.

B. Any person violating any of the provisions of this title which are designated as gross misdemeanors shall be punished upon conviction by a fine not to exceed five thousand dollars or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment.

C. A person convicted of a violation of RMC 9.14.020 shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On a second or subsequent conviction, the fine shall not be less than five hundred dollars. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. (Ord. 2207 § 1, 2004: Ord. 1845 § 1, 1995; Ord. 1494 § 1, 1989; Ord. 1406 § 12, 1988: Ord. 1244 § 4 (part), 1985).

9.01.060 Amendments to state statutes.

The amendment of any state statute adopted by reference in this title shall be deemed to amend the corresponding section of this title and it shall not be necessary for the City Council to take any action with respect to such amendment. (Ord. 1406 § 1, 1988).

9.01.065 Reimbursement of costs.

The following statutes of the state of Washington, including any future amendments, additions thereto and repeals thereof, are adopted by reference and incorporated herein by this reference as if set forth in full:

RCW 9.92.130 City jail prisoners may be compelled to work

RCW 9.94A.030 Definitions (as used in Chapter 9.94A RCW)

RCW 9.95.210 Conditions of probation

RCW 10.01.160 Costs — What constitutes — Payment by defendant — Procedure — Remission

RCW 10.01.170 Payment within specified time or installments

RCW 10.01.180 Fine or costs — Default in payment — Contempt of court — Enforcement, collection procedures

RCW 10.46.190 Liability of convicted person for costs — Jury fee

RCW 10.64.015 Judgment to include costs — Exception

RCW 10.64.080 Judgments a lien on realty

RCW 10.64.120 Referral assessments — Probation department oversight committee

RCW 10.70.010 Commitment until fine and costs are paid

RCW 38.52.010 Definitions (as used in Chapter 38.52 RCW)

RCW 38.52.430 Emergency response caused by person’s intoxication — Recovery of costs from convicted person(Ord. 2207 § 2, 2004: Ord. 1753 § 1, 1993).

Chapter 9.02
ADVERTISING, CRIMES RELATING TO

Sections:

9.02.010 Advertising prohibitions.

9.02.010 Advertising prohibitions.

The following statutes of the state of Washington are adopted by reference:

RCW 9.04.010 False advertising

RCW 9.04.040 Evidence(Ord. 1406 § 2, 1988; Ord. 1244 § 4 (part), 1985).

Chapter 9.04
ALCOHOLIC BEVERAGES

Sections:

9.04.010 Alcoholic beverage control and enforcement.

9.04.020 Repealed.

9.04.010 Alcoholic beverage control and enforcement.

The following statutes of the state of Washington are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act:

RCW 66.04.010 Definitions

RCW 66.20.200 Unlawful acts relating to card of identification and certification card

RCW 66.28.080 Permit for music and dancing upon licensed premises

RCW 66.28.090 Licensed premises open for inspection — Failure to allow

RCW 66.44.010 Local officers to enforce law — Authority of board — Liquor enforcement officers

RCW 66.44.040 Sufficiency of description of offenses in complaints, information, process, etc.

RCW 66.44.050 Description of offense in words of statutes — Proof required

RCW 66.44.060 Proof of unlawful sale establishes prima facie intent

RCW 66.44.070 Certified analysis is prima facie evidence of alcoholic content

RCW 66.44.080 Service of process on corporation

RCW 66.44.090 Acting without license

RCW 66.44.100 Opening or consuming liquor in public places

RCW 66.44.120 Unlawful use of seal

RCW 66.44.130 Sales of liquor by drink or bottle

RCW 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal — Unlawful operation, possession of still or mash

RCW 66.44.150 Buying liquor illegally

RCW 66.44.160 Illegal possession, transportation of alcoholic beverages

RCW 66.44.170 Illegal possession of liquor with intent to sell — Prima facie evidence, what is

RCW 66.44.175 Violations of law

RCW 66.44.180 General penalties — Jurisdiction for violations

RCW 66.44.200 Sales to persons apparently under the influence of liquor

RCW 66.44.210 Obtaining liquor for ineligible person

RCW 66.44.240 Drinking in public conveyance — Penalty against carrier

RCW 66.44.250 — Penalty against individual

RCW 66.44.270 Furnishing liquor to minors, minors in possession or consumption of liquor, or public intoxication by minors

RCW 66.44.280 Minor applying for permit

RCW 66.44.290 Minor purchasing liquor

RCW 66.44.291 Minor purchasing or attempting to purchase liquor — Penalty

RCW 66.44.300 Treating minor, etc., in public place where liquor sold

RCW 66.44.310 Minors frequenting tavern — Misrepresentation of age — Classification of licenses

RCW 66.44.316 Musicians eighteen years and older permitted to enter and remain upon licensed premises during employment

RCW 66.44.320 Sales of liquor to minors a violation

RCW 66.44.325 Unlawful transfer to a minor of an identification of age

RCW 66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card — Penalty

RCW 66.44.340 Employees eighteen years and over allowed to sell and carry beer and wine for class E and/or F licensed employees

RCW 66.44.370 Resisting or opposing officers in enforcement of title(Ord. 1969 § 1, 1998; Ord. 1735 § 1, 1993; Ord. 1406 § 3, 1988; Ord. 1244 § 4 (part), 1985).

9.04.020 Furnishing liquor to minors — Possession and use.

Repealed by Ord. 1757. (Ord. 1523 § 1, 1989; Ord. 1406 § 4, 1988: Ord. 1244 § 4 (part), 1985).

Chapter 9.06
ANIMALS, CRIMES RELATING TO

Sections:

9.06.010 Animals — Conduct prohibited.

9.06.020 Repealed.

9.06.010 Animals — Conduct prohibited.

The following statutes of the state of Washington, including any future amendments, additions thereto and repeals thereof, are adopted by reference and incorporated herein by this reference as if set forth in full:

RCW 9.08.030 False certification of registration of animals — False representation as to breed

RCW 9.08.065 Definitions (as used in RCW Chapter 9.08)

RCW 9.08.070 Pet animals — Taking, concealing, etc.

RCW 16.52.011 Definitions (as used in RCW Chapter 16.52)

RCW 16.52.200 Sentences — Forfeiture of animals

RCW 16.52.207 Animal cruelty in the second degree

RCW 16.52.300 Dogs and cats used as bait(Ord. 2208 § 1, 2004; Ord. 1574 § 1, 1990; Ord. 1244 § 4 (part), 1985).

9.06.020 Cruelty to animals.

Repealed by Ord. 2208. (Ord. 1244 § 4 (part), 1985).

Chapter 9.08
ANTICIPATORY OFFENSES

Sections:

9.08.010 Anticipatory offenses prohibited.

9.08.010 Anticipatory offenses prohibited.

The following statutes of the state of Washington are adopted by reference:

RCW 9A.28.020(1),(2),(3)(e) Criminal attempt

RCW 9A.28.030 Criminal solicitation

RCW 9A.28.040(1),(2),(3)(e) Criminal conspiracy(Ord. 1244 § 4 (part), 1985).

Chapter 9.10
CHILDREN AND MINORS, CRIMES RELATING TO

Sections:

9.10.010 Conduct prohibited.

9.10.020 Contributing to the delinquency of a minor.

9.10.010 Conduct prohibited.

The following statutes of the state of Washington, including any future amendments and additions thereto, and repeals thereof, are adopted by reference:

RCW 9.68A.011 Definitions

RCW 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct

RCW 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct

RCW 9.68A.090 Communicating with a minor for immoral purposes

RCW 9.68A.110(2), (3), (5) Certain defenses barred, permitted

RCW 9.68A.120 Seizure and forfeiture of property

RCW 9.68A.130 Recovery of costs of suit by minor

RCW 9.68A.140 Definitions

RCW 9.68A.150 Minor access to erotic materials

RCW 9.68A.160 Penalty

RCW 9.91.060 Leaving children unattended in parked automobile

RCW 13.32A.080 Unlawful harboring of a minor

RCW 70.155.080 Purchasing or obtaining tobacco by persons under the age of eighteen — Civil infraction(Ord. 1987 § 3, 1998: Ord. 1788 § 2, 1994; Ord. 1406 § 11, 1988; Ord. 1363 § 5, 1987: Ord. 1244 § 4 (part), 1985).

9.10.020 Contributing to the delinquency of a minor.

In all cases when any child is dependent or delinquent as defined in RCW 13.34.030, any person who, by act or omission, encourages, causes, or contributes to the dependency or delinquency of such child, shall be guilty of a misdemeanor. (Ord. 1244 § 4 (part), 1985).

Chapter 9.12
CIVIL EMERGENCY

Sections:

9.12.010 Definitions.

9.12.020 Proclamation by Mayor.

9.12.030 Mayor authorized to issue orders.

9.12.040 Termination of proclamation.

9.12.050 Incendiary objects prohibited.

9.12.060 Unlawful to violate orders or regulations.

9.12.070 Unlawful interference with police or fire officials.

9.12.080 Participation in riot unlawful.

9.12.090 Participation in unlawful assembly.

9.12.100 Disturbance of official meeting.

9.12.110 Looting prohibited.

9.12.010 Definitions.

For the purposes of this chapter the terms listed below shall have the following meanings:

(1) A "civil emergency" means any natural disaster or man-made calamity, including flood, conflagration, cyclone, tornado, earthquake, or explosion within the corporate limits of the city, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.

(2) "Curfew" means a prohibition against any person or persons walking, running, loitering, standing, traveling, or motoring upon any alley, street, highway, public property or places open to the public, or vacant premises within the corporate limits of the city, excepting persons officially designated to duty with reference to riot, unlawful assembly or civil emergency.

(3) "Incendiary object" means a gasoline or other incendiary type liquid or substance filled bottle or container with a fuse type wick inserted in the neck thereof (commonly used in World War II), or any other type of incendiary bomb or contrivance utilizing any bottle or container filled with any flammable liquid or chemical or combination thereof susceptible to spontaneous ignition.

(4) A "riot" means the use of actual force or violence by three or more persons acting together without authority of law where the use of such force or violence would endanger or tend to endanger the safety of property or persons.

(5) "Unlawful assembly" means any threat, actual or implied, to use force or violence when accompanied by immediate power to execute such force or violence by three or more persons acting together without authority of law and where the threat to use the same would endanger or tend to endanger the safety of property or persons. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 1, 1969).

9.12.020 Proclamation by Mayor.

Whenever the Mayor or in the event of his inability to act the Mayor pro tempore, or in the event of his inability to act any other member of the City Council acting and instead of the Mayor, determines that an emergency exists arising out of a riot or unlawful assembly, or a civil emergency, causing or tending to cause danger of injury to persons or damage to property, he shall forthwith proclaim in writing the existence of such state of emergency, file a copy thereof in the office of the City Clerk, immediately advise all news media within the city of the signing of the proclamation and the contents thereof, and post copies of the proclamation at such public places as designated by the Mayor. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 2, 1969).

9.12.030 Mayor authorized to issue orders.

After the issuance of a written proclamation of a state of emergency, the Mayor of the city, or the representative of the Mayor duly authorized to act for him as provided in Section 9.12.020, may in the interest of public safety and welfare make any or all of the following orders:

(1) Order the closing of all cocktail lounges, taverns, bars, and other places where intoxicating liquors are sold or dispensed by the drink, including all private clubs;

(2) Order the discontinuance of the sale of all beer and wine and hard liquor, which orders, however, shall be subject to the laws of the state of Washington acting by and through the Washington State Liquor Control Board;

(3) Prohibit the sale, distribution, or giving away of gasoline or other liquid flammable or combustible products or, in his discretion, prevent all sales thereof except sales transferred directly to a gasoline tank properly affixed to a motor vehicle, or in case of heating oil or liquefied gas into commercial or household tanks;

(4) Order the closing of all gasoline stations and other establishments, the chief activity of which is the sale, distribution, or dispensing of liquid flammable or combustible products, except for the distribution of heating oil and liquefied gas as provided for in subsection (3) of this section;

(5) Order the discontinuance of selling, distributing, dispensing, or giving away of any firearms or ammunition of any character whatsoever;

(6) Order the closing of all establishments, portions, or departments thereof, the chief activity of which is the sale, distribution, dispensing, or giving away of firearms and/or ammunition;

(7) Prohibit any person or persons from carrying or possessing upon any street, alley, highway, or public place within the city any firearms, knives, clubs, rocks, bricks, or other weapons, objects or contrivances susceptible for use in causing injury to persons or damage to property;

(8) Order or impose a curfew upon all citizens of the city, or upon citizens of certain ages within the city, or order a curfew applicable to such geographical areas of the city or to the city as a whole as he may deem advisable, applicable during such hours of the day or night as he deems necessary in the interest of public safety and welfare, during the hours of which no person shall be allowed in the public streets, thoroughfares or places open to the public throughout the city or in any designated section of the city, excepting persons officially designated to duty with reference to the riot, unlawful assembly, or civil emergency;

(9) To order or designate any one or more of the public streets, thoroughfares, or places within the city closed to vehicular traffic and/or pedestrian traffic. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 3, 1969).

9.12.040 Termination of proclamation.

After the issuance of a written proclamation of a state of emergency as provided for in RMC 9.12.020, the Mayor, or in the event of his inability to act the Mayor pro tempore, or any three members of the Council, which may include the Mayor, may terminate, modify or amend at any time such proclamation by written declaration thereof. A copy of such declaration shall be filed in the office of the City Clerk and notice thereof shall be given as in the case of the issuance of the proclamation of emergency as set forth in Section 9.12.020. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 4, 1969).

9.12.050 Incendiary objects prohibited.

It is unlawful for any person to make, carry, possess, or use any type of gasoline or petroleum based fire bomb or any other type of explosive or incendiary missile or object. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 5, 1969).

9.12.060 Unlawful to violate orders or regulations.

It is unlawful for any person to violate or refuse to comply with any lawful order or regulation promulgated by the Mayor or other officer of the city pursuant to Section 9.12.030. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 6, 1969).

9.12.070 Unlawful interference with police or fire officials.

It is unlawful for any person to interfere with any police or fire official, or other public officer or employee when engaged in the performance of official duty, or to permit or assemble for the purpose of committing any act which would interfere with such officials and persons in the performance of their duty or under their direction. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 7, 1969).

9.12.080 Participation in riot unlawful.

It is unlawful for any person to participate in or engage in any riot. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 8, 1969).

9.12.090 Participation in unlawful assembly.

It is unlawful for any person to engage or participate in any unlawful assembly after the police by announcement have warned and ordered such assembly to disperse and disband. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 9, 1969).

9.12.100 Disturbance of official meeting.

It is unlawful for any person to wilfully disrupt or disturb by any means whatsoever an official body or meeting of persons duly convened for a lawful purpose. For the purpose of this section, wilfulness of the disruption or disturbance shall be presumed when such activity persists after the person or persons involved have been warned by the acting chairman of the meeting to cease the objectionable activity. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 10, 1969).

9.12.110 Looting prohibited.

It is unlawful for any person to engage in the activity of looting, stealing, or carrying away personal property without the owner’s consent from any and all premises within the city during the time that a state of emergency exists; provided, that this section shall be deemed cumulative and be in addition to all other laws and ordinances of the city relative to the theft or larceny of personal property. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 11, 1969).

Chapter 9.14
CONTROLLED SUBSTANCES, PARAPHERNALIA, POISONS AND TOXIC FUMES

Sections:

9.14.010 Controlled substances.

9.14.012 Legend drugs and prescription drugs.

9.14.015 Medical use of marijuana.

9.14.020 Possession of paraphernalia prohibited.

9.14.030 Inhaling toxic fumes.

9.14.040 Poisons.

9.14.010 Controlled substances.

The following statutes of the state of Washington, including any future amendments, additions thereto and repeals thereof, are adopted by reference and incorporated herein by this reference as if set forth in full:

RCW 69.50.101 Definitions

RCW 69.50.102 Drug paraphernalia — Definitions

RCW 69.50.204(c)(14) Schedule I — Marihuana or Marijuana

RCW 69.50.309 Containers

RCW 69.50.4014 Possession of forty grams or less of marihuana — Penalty

RCW 69.50.412 Prohibited acts: E — Penalties

RCW 69.50.4121 Drug paraphernalia — Selling or giving — Penalty

RCW 69.50.425 Misdemeanor violations — Minimum penalties

RCW 69.50.505 Seizure and forfeiture

RCW 69.50.506 Burden of proof

RCW 69.50.509 Search and seizure of controlled substances(Ord. 2209 § 1, 2004: Ord. 1544 § 1, 1990: Ord. 1244 § 4 (part), 1985).

9.14.012 Legend drugs and prescription drugs.

The following statutes of the state of Washington, including any future amendments, additions thereto and repeals thereof, are adopted by reference and incorporated herein by this reference as if set forth in full:

RCW 69.41.030(1), (2)(b) Sale, delivery, or possession of legend drug without prescription or order prohibited — Exceptions

RCW 69.41.300 Definitions (as used in Chapter 69.41 RCW)

RCW 69.41.320 Practitioners — Restricted use — Medical records

RCW 69.41.350(1) Penalties(Ord. 2209 § 2, 2004).

9.14.015 Medical use of marijuana.

The following statutes of the state of Washington, including any future amendments, additions thereto and repeals thereof, are adopted by reference and incorporated herein by this reference as if set forth in full:

RCW 69.51A.010 Definitions

RCW 69.51A.020 Construction of chapter

RCW 69.51A.030 Physicians excepted from state’s criminal laws

RCW 69.51A.040 Qualifying patient’s affirmative defense

RCW 69.51A.050 Medical marijuana, lawful possession — state not liable

RCW 69.51A.060 Crimes — Limitations of chapter(Ord. 2209 § 3, 2004).

9.14.020 Possession of paraphernalia prohibited.

No person shall possess any drug paraphernalia as defined in RCW 69.50.102 with the intent to use or employ the same for manufacturing and/or consuming controlled substances. (Ord. 1244 § 4 (part), 1985).

9.14.030 Inhaling toxic fumes.

The following statutes of the state of Washington are adopted by reference:

RCW 9.47A.010 Definition

RCW 9.47A.020 Unlawful inhalation — Exception

RCW 9.47A.030 Possession of certain substances prohibited, when

RCW 9.47A.040 Sale of certain substances prohibited, when(Ord. 1244 § 4 (part), 1985).

9.14.040 Poisons.

The following state statutes are adopted by reference:

RCW 69.38.010 Poison defined

RCW 69.38.020 Exceptions

RCW 69.38.030 Poison register

RCW 69.38.040 Poison register — Penalty for violations

RCW 69.38.060 License required(Ord. 1406 § 6, 1988).

Chapter 9.16
DEBRIS ON ROADWAYS

Sections:

9.16.010 Deposit of debris prohibited — Cash deposit for cleanup.

9.16.020 Cash deposit as prerequisite to issuance of permits.

9.16.030 Stop work order.

9.16.010 Deposit of debris prohibited — Cash deposit for cleanup.

No person, firm or corporation shall engage in any excavating, filling, grading, construction, hauling, or other activity either as part of any ongoing business or in connection with temporary construction or excavation activity, when such activity either does, or is likely to contribute to the deposit of dirt, mud, rock, debris or other material of any nature on any public right-of-way by virtue of vehicular traffic or from any other cause except under the following conditions:

(1) A cash deposit in an amount established by the Director of the Department of Public Works, but in no event less than two hundred fifty dollars, shall be deposited with the city to be held in trust to cover the costs of any necessary maintenance, repairs or cleanup in the event of the failure of any person, firm or corporation causing any dirt, mud, rocks or other debris or materials to be deposited on any public right-of-way, to promptly remove the same. These funds or the balance thereof shall be refunded upon completion of the activity if such activity is of a temporary nature.

(2) Every person, firm or corporation engaged in any activity identified in this section shall have equipment available during the course of each day’s operation to insure a speedy and timely removal of any rock, mud, dirt or other debris or material deposited on the public right-of-way. The equipment shall include a power broom or other similar equipment approved by the Director of Public Works. The right-of-way surfaces shall be cleaned prior to the end of each day’s operation and, in addition, all catchbasins, culverts or other municipally owned improvements affected by the deposit of mud, dirt, rocks, debris or other material shall also be cleaned. (Ord. 1244 § 2 (part), 1985: Ord. 1093 § 1 (part), 1982).

9.16.020 Cash deposit as prerequisite to issuance of permits.

No building, clearing and grading permit or business license shall be issued for any activity or business for which provision of cash deposit has been required pursuant to Section 9.16.010 until such cash deposit has been provided. (Ord. 1244 § 2 (part), 1985: Ord. 1093 § 1 (part), 1982).

9.16.030 Stop work order.

In the event any person, firm or corporation fails to comply with the provisions of this chapter, the City Engineer or his designee may cause a notice of violation to be delivered to a person of suitable age at the job site and may order all work to cease until authorized to proceed. Failure to comply with the order to stop work shall be a separate offense punishable as provided in Section 1.01.110 of the Redmond Municipal Code. (Ord. 1244 § 2 (part), 1985: Ord. 1093 § 1 (part), 1982).

Chapter 9.18
EXPLOSIVES

Sections:

9.18.010 Handling explosives prohibited.

9.18.010 Handling explosives prohibited.

It is unlawful for any person, firm or corporation to keep for sale or otherwise, or to store, or handle except in direct continuous transit through the city, any of the following specified articles within the corporate limits of Redmond: dynamite, stumping powder, giant powder or any other article containing nitroglycerine, caps, or other explosives used in connection with blasting or stumping. (Ord. 1244 § 2 (part), 1985: Ord. 37 § 2, 1925).

Chapter 9.20
FALSE ALARMS

Sections:

9.20.010 Purpose.

9.20.020 Definitions.

9.20.030 Administration.

9.20.040 Registration required.

9.20.050 Service suspension – Level I.

9.20.060 Service suspension – Level II.

9.20.070 Service suspension – Level III.

9.20.080 Exemptions.

9.20.090 Effect of service suspension.

9.20.100 Verification required.

9.20.110 Administrative appeals.

9.20.120 Fees and penalties.

9.20.130 Fees and penalties – Exemptions.

9.20.140 Failure to pay fees and penalties.

9.20.150 Prohibited acts.

9.20.010 Purpose.

It is the intent of this chapter to reduce the number of false alarms occurring within the city and recover city expenses associated with police responses to false alarms. (Ord. 2024 § 1 (part), 1999).

9.20.020 Definitions.

For the purpose of this chapter, the following words and terms shall have the meaning ascribed to them below unless the context in which they are used clearly indicates otherwise:

1. "Alarm business" shall mean a business operated by any individual, partnership, corporation, or other entity 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.

2. "Alarm monitoring company" shall mean a business operated for the purpose of monitoring the electronic transmission of an alarm signal when activated.

3. "Alarm system" shall mean any system, device, or mechanism which, when activated, transmits an electronic signal to a private monitoring company or some other telephone number, 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 vehicle or a medical alarm.

4. "Alarm user" shall mean the person, firm, partnership, association, corporation, company, or organization of any kind that has an alarm system installed in or on their premises.

5. "Alarmed premises" shall mean any enclosed or open area and/or any portion of an area protected by an alarm system.

6. "Burglary alarm system" shall mean 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.

7. "Corrective action report" shall mean a report, supplied by the Redmond Police Department, requesting alarm monitoring companies to detail what steps were taken to correct an improperly functioning alarm.

8. "Department" shall mean the City of Redmond Police Department.

9. "Duress/panic alarm system" shall mean an alarm system designed or used for alerting police or medical personnel of the need for immediate assistance or aid in order to avoid injury, personal physical harm or other crimes against a person. Duress/panic alarms are commonly secondary features of burglary alarm systems.

10. "False alarm" shall mean the activation of any burglary, robbery, panic, and/or duress alarm system when no crime is being committed or attempted upon a person, real, or other property or when no medical emergency exists. An alarm shall be presumed to be false if the responding police officers do not locate any evidence of an intrusion or commission of an unlawful act or emergency on the premises which might have been legitimate cause for the alarm to activate. This does not include alarms caused by violent acts of nature or other extraordinary circumstances not reasonably subject to control by the alarm user or alarm business.

11. "Probationary period" shall mean a six-month period following any service suspension.

12. "Responsible person" shall mean the person who oversees the operation and maintenance of an alarm user’s system, or in the absence of such a position, the chief executive officer of the alarm user’s business or the head of the household of a private residence.

13. "Robbery alarm system" shall mean 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.

14. "Service suspension" shall mean a period of time when the Redmond Police Department will not respond to reports of property related alarms. Three separate service suspension levels exist:

a. Level I – A 90-day service suspension for a site not currently on probation which has experienced six or more false alarms in a twelve-month period.

b. Level II – A 365-day service suspension for a site which has experienced three or more false alarms while on a Level I six-month probationary period.

c. Level III – A permanent service suspension for a site which has experienced three or more false alarms during the six-month Level II probationary period.

15. "System subscriber" shall mean a person, corporation, firm, partnership, association, company, organization, or other business entity who purchased, owns, or contracts for the use of any alarm system.

16. "Verification" shall mean an independent method of authentication, used by the alarm monitoring company to determine that a signal from an automatic alarm system reflects the true need for an immediate police response. (Ord. 2024 § 1 (part), 1999).

9.20.030 Administration.

A. The false alarm reduction program shall be overseen by the department. Officers and volunteers may be assigned to this program as needed and will answer to the supervisor regarding the activities associated with this program.

B. The department shall coordinate the maintenance of records and correspondence necessary to support the false alarm reduction program.

C. The department shall ensure the communication division has an accurate and current list of alarm system suspension sites at all times. This list will designate the premises name, address, and clearly note the period of service suspension and any other pertinent information as determined by the supervisor.

D. The managing employee and the police chief are the only individuals authorized to exercise discretion in administration of any portion of this program. (Ord. 2024 § 1 (part), 1999).

9.20.040 Registration required.

A. After June 1, 1999, no person shall operate or use an alarm system on any premises within the City of Redmond, under that person’s control, without first having obtained an alarm registration from the finance department. A separate alarm registration shall be required for each premises protected by an alarm system.

B. The department may not respond to an alarm system for which a registration has not first been 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;

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 an application approved by the department and provided by the finance department. All alarm systems require an annual renewal of registration and payment of associated fees. All applications shall include the following information and such other information as may be prescribed by the department:

1. The subscriber and/or alarm user’s name, addresses and telephone number(s);

2. Names and telephone number(s) of three additional persons designated to respond in the event of alarm activation in the absence of the alarm user. Said persons must be capable of providing access to the premises and be able to deactivate the alarm, or provide information on who to contact for access;

3. The electrical inspection permit number for the alarm system;

4. The name of the alarm business responsible for regular alarm system maintenance and the company’s electrical contractor’s license number;

5. The information required in paragraph 3 and 4 of this subsection shall not apply to alarms which are installed by the homeowner/tenant;

6. The information required in paragraph 3 of this subsection shall not apply to existing alarms or alarms that are installed in multiple-tenant buildings.

E. Failure to provide all required information will result in automatic denial of the registration and may result in no police response to alarm activations at the alarmed premises. (Ord. 2024 § 1 (part), 1999).

9.20.050 Service suspension – Level I.

The following provisions and procedures shall apply to Level I service suspensions:

a. After the second false alarm, a $25 fee will be assessed.

b. After the third false alarm, a $50 fee will be assessed.

c. After the third false alarm during a twelve-month period, and by no later than the fifth such alarm, a corrective action report will be provided to the alarm monitoring company by the department. Failure by the alarm monitoring company to respond to the corrective action report within 10 business days will result in service suspension until such time as the corrective action report is submitted. A letter will be sent to the alarm monitoring company and the alarm user to apprise them of the potential for service suspension and the deadline for submitting the corrective action report.

d. The fourth false alarm, during a twelve-month period, will result in a $75 fee being assessed against the alarm user.

e. The fifth false alarm, during a twelve-month period, will result in a $100 fee being assessed.

f. As soon as practical after the fifth false alarm during a twelve-month period, a letter shall be delivered in person or by certified mail to the responsible person for the alarm system and the alarm monitoring company informing them that service suspension will occur if there is one more false alarm during the twelve-month period.

g. Following the sixth false alarm in a twelve-month period, the supervisor, with the approval of the police chief, will set a service suspension date.

h. The alarm monitoring company and the alarm user shall be provided written notice in person or via certified mail of the service suspension date prior to implementation of said suspension.

i. The alarm monitoring company will be provided a blank corrective action report for submittal to the department prior to the expiration of the service suspension period. Failure by the alarm monitoring company to respond to the corrective action report prior to expiration of the suspension period will result in continued service suspension until such time as the corrective action report is submitted. The alarm monitoring company and alarm user shall be notified of the consequences of failing to submit the corrective action report.

j. The managing employee will notify the communications division of the service suspension and effective dates.

k. Except as otherwise provided in this chapter, the department will not respond to an alarm activation during the ninety-day period beginning from the first date of service suspension.

l. Prior to the expiration of the ninety-day service suspension, the managing employee will verify whether a completed corrective action report has been submitted by the alarm monitoring company. If not, the managing employee will contact the company to determine the status of the report and advise them that service will not be restored until the report is received.

m. Upon the expiration of the ninety-day service suspension, the alarm user will be placed on a six-month probationary period. (Ord. 2024 § 1 (part), 1999).

9.20.060 Service suspension – Level II.

The following provisions and procedures shall apply to Level II service suspensions:

a. After the first false alarm during the probationary period, a $25 fee will be assessed.

b. After the second false alarm during the probationary period, a $50 fee will be assessed.

c. As soon as practical after the second false alarm while on Level I probation, a letter shall be delivered in person or by certified mail to the responsible person for the alarm system and the alarm monitoring company informing them of the pending service suspension if there is one more false alarm during the probationary period.

d. Following the third false alarm during a Level I probationary period, the managing employee, with the approval of the police chief, will set a service suspension date.

e. The alarm monitoring company and the alarm user shall be provided written notice in person or via certified mail of the service suspension date, prior to implementation of response suspension.

f. The alarm monitoring company will be provided a blank corrective action report for submittal to the department prior to the expiration of the service suspension period. Failure by the alarm monitoring company to respond to the corrective action report prior to expiration of the suspension period will result in continued service suspension until such time as the corrective action report is submitted. The alarm monitoring company and alarm user shall be notified of the consequences of failing to submit the corrective action report.

g. The managing employee will notify the communications division of service suspension and the effective dates.

h. Except as otherwise provided in this chapter, the department will not respond to an alarm activation during the 365-day period beginning from the first date of service suspension.

i. Prior to the expiration of the 365 days, the managing employee will verify whether a completed corrective action report has been submitted by the alarm monitoring company. If not, the managing employee will contact the company to determine the status of the report.

j. Upon the expiration of the 365-day service suspension period, the alarm user will be placed on a six-month probationary period. (Ord. 2024 § 1 (part), 1999).

9.20.070 Service suspension – Level III.

The following provisions and procedures shall apply to Level III service suspensions:

a. After the first false alarm during the probationary period, a $25 fee will be assessed.

b. After the second false alarm during the probationary period, a $50 fee will be assessed.

c. As soon as practical after the second false alarm while on Level II probation, a letter shall be delivered in person or by certified mail to the responsible person for the alarm system and the alarm monitoring company informing them of the pending permanent response suspension if there is one more false alarm during the probationary period.

d. Following the third false alarm during a Level II probationary period, the managing employee, with the approval of the police chief, will set a permanent service suspension date.

e. Prior to implementation of permanent response suspension, the alarm monitoring company and the alarm user shall be provided written notice in person or via certified mail of the service suspension date.

f. The managing employee will notify the communications division of the permanent service suspension.

g. Except as otherwise provided in this chapter, the department will not respond to an alarm activation from the first date the permanent service suspension goes into effect. (Ord. 2024 § 1 (part), 1999).

9.20.080 Exemptions.

The managing employee may, in his or her discretion, not include false alarm activations generated by a newly installed and registered alarm system during the first five business days immediately following the initial installation thereof. (Ord. 2024 § 1 (part), 1999).

9.20.090 Effect of service suspension.

Suspension of response under this chapter shall apply only to burglary and property alarms and shall not apply to any robbery, panic, or duress alarms. However, all such alarms shall be counted in determining the total number of false alarms received. (Ord. 2024 § 1 (part), 1999).

9.20.100 Verification required.

No alarm monitoring company shall contact the department or communications division to report an alarm activation unless a verification procedure has been utilized by said company to ascertain whether the activation is a false alarm. Verification shall not be required on robbery, duress, or panic alarm activations.

At a minimum, the verification procedure shall consist of:

1. Attempt by alarm monitoring company to call the alarm site to determine if the alarm was accidentally activated by an authorized occupant of the building;

2. Calling an emergency contact to determine if there should be an individual at the premises at the time the alarm was activated; or

3. Audibly or visually monitor the premises utilizing electronic means. (Ord. 2024 § 1 (part), 1999).

9.20.110 Administrative appeals.

A. An alarm user may appeal the validity of a false alarm determination to the City Hearing Examiner. The request for an appeal must be in writing and filed with the city clerk within 15 days of the date of notification is sent by the city. Failure to contest the false alarm determination in the required time period shall result in a conclusive presumption for all purposes that the alarm was false.

B. The appeal hearing shall be before the hearing examiner and a written transcript or tape recording of the proceedings shall be kept. The alarm user and the city shall have the right to present written and oral evidence and call witnesses. If the hearing examiner determines that the activation was a valid alarm, the hearing examiner shall order the false alarm designation removed from the alarm user’s record. If the false alarm designation is determined to be valid, the designation shall be entered upon the alarm user’s record and the finance department shall pursue collection of any penalties or fees. In either case, the hearing examiner shall enter written findings setting forth the basis for his or her decision. (Ord. 2024 § 1 (part), 1999).

9.20.120 Fees and penalties.

A. In addition to other penalties set forth in this chapter, the following fees and penalties shall be assessed against the alarm user and/or alarm monitoring company by the city:

Initial alarm registration	$10.00
Renewal of alarm registration	$10.00
Failure to verify an alarm	$250.00

B. All fees and penalties shall be collected by the finance department. (Ord. 2024 § 1 (part), 1999).

9.20.130 Fees and penalties – Exemptions.

The following persons shall be exempt from penalties imposed under RMC sections 9.20.050, 9.20.060, and 9.20.070:

1. Persons over the age of 62 that reside within the alarmed premises when no business activities are conducted within the same;

2. Businesses which are nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, governmental or youth organizations. (Ord. 2024 § 1 (part), 1999).

9.20.140 Failure to pay fees and penalties.

Failure by any person, firm, partnership, association, corporation, company or organization to pay any fees or penalties imposed under this chapter shall result in a service suspension until the fee is paid. Payment must be made to the finance department within 15 days of mailing notice to pay and all such notices shall contain a notice stating that failure to pay the fee or penalty will result in service suspension. (Ord. 2024 § 1 (part), 1999).

9.20.150 Prohibited acts.

No person shall:

1. Operate or use an alarm system, which emits an audible sound where such emission does not automatically cease within fifteen minutes. Any alarm system which does not meet the requirements of this subsection or which, because of repeated audible activations, significantly disturbs the peace of the neighborhood, shall deemed to be a nuisance. In those incidents when the alarm is declared a nuisance, and no other alternatives exist, the department may disable the alarm.

2. Use an alarm system to protect more than one licensed business or private residence without receiving a separate registration for such business or private residence.

3. Operate or use any alarm system for which the registration or service response has been suspended.

4. Operate or use any alarm system that automatically dials the department directly and delivers a pre-recorded message. The department may not respond to an alarm of this type. (Ord. 2024 § 1 (part), 1999).

Chapter 9.22
FIRE, CRIMES RELATING TO

Sections:

9.22.010 Reckless burning.

9.22.020 Miscellaneous crimes.

9.22.030 Outdoor burning prohibited.

9.22.040 Exemptions.

9.22.050 Civil penalty.

9.22.010 Reckless burning.

The following statutes of the state of Washington are adopted by reference:

RCW 9A.48.010 Definition

RCW 9A.48.050 Reckless burning

RCW 9A.48.060 Reckless burning — Defenses(Ord. 1406 § 7, 1988; Ord. 1244 § 4 (part), 1985).

9.22.020 Miscellaneous crimes.

The following statutes of the state of Washington are adopted by reference:

RCW 9.40.040 Operating engine or boiler without spark arrester

RCW 9.40.100 Injuring or tampering with fire alarm apparatus or equipment — Sounding false alarm of fire(Ord. 1244 § 4 (part), 1985).

9.22.030 Outdoor burning prohibited.

It shall be unlawful for any person to ignite, stoke or otherwise cause or foster any outdoor fire within the city except as expressly permitted in Section 9.22.040. (Ord. 1589 § 1 (part), 1990).

9.22.040 Exemptions.

The following outdoor fires are exempt from the prohibition on outdoor burning:

1. Fires for instruction in the method of fighting fires (except forest fires), provided prior written approval has been issued by the Redmond Fire Department;

2. Fires associated with agricultural activities for controlling diseases, insects, weed abatement or development of physiological conditions conducive to increased crop yield, provided written confirmation has been furnished by a designated county extension agent or agricultural specialist designated by the Cooperative Extension Service that burning is the best management practice. Redmond Fire Department must be notified in advance;

3. Fires for abating a forest fire hazard, to prevent a hazard, for instruction of public officials in methods of forest fire fighting, any silvicultural operation to improve forest lands, and silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas, provided prior written approval has been issued by the Washington Department of Natural Resources;

4. Fires consisting solely of charcoal, propane, natural gas, or wood used solely for the preparation of foods;

5. Fires no larger than four feet in diameter and three feet in height for campfires, at designated federal, state, county or city parks and recreational areas, but only when and where permitted by those agencies;

6. Fires for Indian ceremonies or for the sending of smoke signals if part of a religious ritual. Fires connected with other religious or ceremonial purposes, if approved by the Puget Sound Pollution Control Agency;

7. Fires associated with and part of a public construction contract for improvements within the Redmond Watershed Preserve, when outdoor burning has been approved in conjunction with the public construction contract by the Redmond City Council. Outdoor burning, when approved, shall be conducted according to such permits, rules, and conditions as may be prescribed by the Redmond Fire Department.

It shall be prima facie evidence that the person who owns or controls property on which an outdoor fire occurs has caused or allowed said outdoor fire.

Nothing contained within this section shall be construed to allow outdoor fires in those areas in which open burning is strictly prohibited by laws, ordinances, or regulations of the state or any city, county, or fire district. Additionally, nothing contained within this section shall relieve the applicant from obtaining permits required by any state or local fire protection agency or for compliance with the Uniform Fire Code. (Ord. 1932 § 1, 1997; Ord. 1701 § 1, 1992: Ord. 1589 § 1 (part), 1990).

9.22.050 Civil penalty.

Any person who violates the prohibition on outdoor burning shall, upon a first violation thereof, receive a warning from the Redmond Fire Department, Police Department or other appropriate representative of the city. Upon a second or subsequent violation, such person shall be guilty of a civil infraction, and upon a finding by a court of competent jurisdiction that such infraction has been committed, shall be punished by a fine not exceeding $1,000. (Ord. 1589 § 1 (part), 1990).

Chapter 9.24
FIREARMS AND DANGEROUS WEAPONS

Sections:

9.24.010 Firearms and dangerous weapons — Prohibitions.

9.24.020 Unlawful use of air guns — Penalty.

9.24.025 Dangerous weapons — Use, possession, concealing, sales, manufacture.

9.24.030 Discharge of firearms prohibited.

9.24.040 Weapons prohibited on liquor sale premises.

9.24.045 Disposition of confiscated and forfeited firearms.

9.24.050 Penalty.

9.24.010 Firearms and dangerous weapons — Prohibitions.

The following statutes of the state of Washington, including any future amendments, additions thereto and repeals thereof, are adopted by reference and incorporated herein by this reference as if set forth in full:

RCW 9.41.010 Terms defined

RCW 9.41.050 Carrying pistol

RCW 9.41.060 Exception

RCW 9.41.070 Issuance of licenses to carry

RCW 9.41.075 Concealed pistol license — Revocation

RCW 9.41.080 Delivery to minors and others forbidden

RCW 9.41.090 Sales regulated — Application to purchase — Grounds for denial

RCW 9.41.098 Forfeiture of firearms, order by courts — Return to owner — Confiscation by law enforcement officer

RCW 9.41.100 Dealer licensing and registration required

RCW 9.41.110 Dealer’s licenses, by whom granted, conditions, fees — Employees, fingerprinting and background checks — Wholesale sales excepted — Permits prohibited

RCW 9.41.120 Firearms as loan security

RCW 9.41.140 Alteration of identifying marks prohibited

RCW 9.41.170 Alien’s license to carry firearms — Exception

RCW 9.41.230 Aiming or discharging firearms

RCW 9.41.240 Use of firearms by minor

RCW 9.41.260 Dangerous exhibitions

RCW 9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful — Penalty — Exceptions

RCW 9.41.300 Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty

RCW 77.15.460 Loaded firearm in vehicle — Unlawful use of possession — Penalty(Ord. 2210 § 1, 2004: Ord. 1524 § 1, 1989; Ord. 1244 § 4 (part), 1985).

9.24.020 Unlawful use of air guns — Penalty.

(a) It is unlawful for any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another.

(b) As used in this section, the words "air gun" mean and include the following: air gun, air pistol, air rifle, BB gun and toy or other guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substance a distance of more than twenty-five feet with sufficient force to break windows or inflict injury upon persons or animals.

(c) Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor and, in addition to any other punishment imposed by the court, the court shall direct that the weapon so used in violation of the provisions hereof be confiscated. (Ord. 1244 § 4 (part), 1985).

9.24.025 Dangerous weapons — Use, possession, concealing, sales, manufacture.

(a) It is unlawful for a person knowingly to:

(1) Manufacture, sell, possess, purchase or carry any instrument or weapon of the kind usually known as a blackjack, slingshot, sand-club, metal knuckles, chako sticks, nunchuka, throwing stars, clubs or other similar instruments which are designed or constructed to inflict bodily injury or property damage;

(2) Manufacture, sell, possess, purchase or carry any spring blade knife, balisong knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement;

(3) Furtively carry with intent to conceal any dagger, dirk, pistol or other dangerous weapon; or

(4) Use any contrivance or device for suppressing the noise of any firearm.

(b) Exemptions. Subsection (a) shall not apply to the following:

(1) The possession of a nunchuka, throwing star or other martial arts weapon on the premises of a school which holds a business license and teaches the arts of self-defense;

(2) The manufacture of a nunchuka, throwing star, or other martial arts weapon for sale to, or the sale of a nunchuka, throwing star, or other martial arts weapon to a school which holds a business license and teaches the arts of self-defense;

(3) Use of batons or nunchukas authorized by the Redmond Police Department for use by law enforcement officers.

(c) Penalty. Any person who violates any of the provisions of this section is guilty of a gross misdemeanor, and upon conviction thereof shall be punished as provided in subsection 9.01.050(B) of this title. (Ord. 1968 § 1, 1998; Ord. 1791 § 1, 1994; Ord. 1524 § 2, 1989).

9.24.030 Discharge of firearms prohibited.

It is unlawful for any person to discharge any firearm in the city where there is reasonable likelihood of injury to humans, domestic animals or property except upon a rifle or pistol firing range which has been issued a business license by the city for such purpose; provided, that this prohibition does not apply to the discharge of firearms by law enforcement officers engaged in the performance of their official powers or duties. (Ord. 1261 § 1, 1985: Ord. 1244 § 4 (part), 1985).

9.24.040 Weapons prohibited on liquor sale premises.

(a) It is unlawful for anyone, on or in any portion of an establishment classified by the State Liquor Control Board as off-limits to persons under twenty-one years of age, to:

(1) Carry any rifle, shotgun or pistol, whether the person has a license or permit to carry the firearm or not, and whether the firearm is concealed or not;

(2) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether the weapon or instrument is concealed or not;

(3) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as num-chuk sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether the instrument or weapon is concealed or not.

(b) Exceptions: Subsection (a) of this section shall not apply to or affect the following:

(1) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

(2) Law enforcement personnel;

(3) Security personnel while engaged in official duties; or

(4) The proprietor of the premises or his or her employees while engaged in their employment.

(c) Warnings signs required: Signs, informing the public of the prohibitions contained herein, shall be conspicuously posted at all internal and external entrances to any area wherein the carrying of said weapons or instruments are prohibited.

Said signs shall be provided by the city to all affected places of business, and shall bear the following inscription:

"WARNING - WEAPONS PROHIBITED: It shall be unlawful for any person, other than a commissioned law enforcement officer, to enter onto this premises while carrying any of the following weapons or instruments, whether a license or permit to carry said weapon is possessed or not, and whether said weapon or instrument is concealed or not: Rifle, shotgun, pistol, knife, sword, dagger or any other cutting or stabbing instrument, having a blade longer than three inches (3"); or any razor with an unguarded blade; or any explosive; or any poison or injurious gas; or any sling shot, taser, throwing star, bow, sand club, blackjack, metal knuckles, stick, chain, metal pipe, bar, club or combination thereof, including a device known as "num-chuk" sticks, or any like device having the same or similar components or parts; or any weapon or instrument apparently capable or producing bodily harm. Redmond Municipal Code Section 9.24.040."

(d) Upon conviction said weapon or instrument involved may be confiscated by order of the presiding judge, and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property. (Ord. 1261 § 2, 1985; Ord. 1244 § 4 (part), 1985).

9.24.045 Disposition of confiscated and forfeited firearms.

A. All firearms taken into the custody of the Redmond Police Department prior to July 1, 1993, shall be disposed of by the Redmond Police Department as authorized by RCW 9.41.098(2)(b).

B. All firearms taken into the custody of the Redmond Police Department after June 30, 1993 and no longer needed for evidence shall be disposed of as follows:

1. Firearms illegal for any person to possess shall be destroyed.

2. Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.

3. The Redmond Police Department may retain a maximum of ten percent of legal forfeited firearms for agency use.

4. All other firearms that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010 shall be destroyed. (Ord. 1849 § 1, 1995).

9.24.050 Penalty.

Unless otherwise provided, any person violating any of the provisions of hits chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in subsection 9.01.050(A) of this title. (Ord. 1968 § 2, 1998: Ord. 1261 § 3, 1985).

Chapter 9.26
FIREWORKS

Sections:

9.26.010 Definitions.

9.26.020 Possession of fireworks unlawful.

9.26.030 Permit required for public display of fireworks.

9.26.040 Sale and discharge of fireworks prohibited.

9.26.045 Repealed.

9.26.050 Permit fee.

9.26.060 Issuance — Nontransferable — Voiding.

9.26.065 Application for public display permit.

9.26.070 Repealed.

9.26.080 Repealed.

9.26.090 Repealed.

9.26.095 Standards for public fireworks displays.

9.26.100 Applicability.

9.26.120 Chapter in connection with state law.

9.26.130 Enforcement.

9.26.160 Penalty for violations.

9.26.010 Definitions.

The definitions of RCW Chapter 70.77 as now stated or hereinafter amended shall govern the construction of this chapter, when applicable. RCW 70.77.120 through and including RCW 70.77.230 as now stated or hereinafter amended are adopted by this reference and a copy of the same shall be kept on file in the office of the City Clerk for public use and inspection. (Ord. 1244 § 2 (part), 1985: Ord. 1198 § 1, 1984: Ord. 1182 § 1, 1984: Ord. 288 § 1, 1962).

9.26.020 Possession of fireworks unlawful.

It is unlawful for any person to sell, possess, use or explode any dangerous fireworks within the city; provided, that this prohibition shall not apply to duly authorized public displays. Any item of fireworks which does not meet the State of Washington Fire Marshal’s approval in conformity with RCW Chapter 70.77, as amended shall be deemed dangerous and is prohibited by this chapter. (Ord. 1244 § 2 (part), 1985: Ord. 1198 § 1, 1984: Ord. 1182 § 2, 1984: Ord. 288 § 2, 1962).

9.26.030 Permit required for public display of fireworks.

It is unlawful for any person to hold, conduct or engage in any public display of fireworks within the city without first having obtained and being the holder of a valid permit under the provisions of this chapter. (Ord. 1689 § 2, 1992: Ord. 1244 § 2 (part), 1985: Ord. 1182 § 3, 1984: Ord. 551 § 1, 1971: Ord. 288 § 3, 1962).

9.26.040 Sale and discharge of fireworks prohibited.

No person shall offer for retail sale or sell any fireworks within the city. Except as authorized by a state license and city permit granted pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.311(2) (use by individual or group for religious or other specified purpose on approved date and at approved location), no person shall ignite, explode or discharge any fireworks within the city. (Ord. 1689 § 3, 1992: Ord. 1329 § 1, 1986: Ord. 1244 § 2 (part), 1985: Ord. 1198 § 2, 1984: Ord. 1182 § 4, 1984: Ord. 288 § 4, 1962).

9.26.045 Sale of fireworks to persons under sixteen years of age prohibited.

(Repealed by Ord. 1689.) (Ord. 1329 § 4, 1986).

9.26.050 Permit fee.

The annual fee for a "public display" permit for the public display of fireworks shall be set by Council resolution. (Ord. 1689 § 4, 1992: Ord. 1480 § 17(A), 1989: Ord. 1244 § 2 (part), 1985: Ord. 1182 § 5, 1984: Ord. 551 § 2, 1971: Ord. 288 § 5, 1962).

9.26.060 Issuance — Nontransferable — Voiding.

Each public display permit issued pursuant to this chapter shall be valid only for the specific authorized public display event only, shall be used only by the designated permittee, and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit in addition to all other sanctions provided in this code. (Ord. 1689 § 5, 1992: Ord. 1244 § 2 (part), 1985: Ord. 1182 § 6, 1984: Ord. 816 § 1, 1978: Ord. 551 § 3, 1971: Ord. 288 § 6, 1962).

9.26.065 Application for public display permit.

Applications for a permit to hold, conduct or operate a public display of fireworks shall be made to the Redmond Fire Prevention Bureau at least fourteen days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display. (Ord. 1244 § 2 (part), 1985: Ord. 1182 § 7, 1984: Ord. 551 § 4, 1971).

9.26.070 Application for seller’s permit — Conditions for issuance.

(Repealed by Ord. 1689.) (Ord. 1481 § 1, 1989: Ord. 1480 § 17(B), 1989; Ord. 1329 § 3, 1986; Ord. 1244 § 2 (part), 1985: Ord. 1182 § 8, 1984: Ord. 816 § 2, 1978: Ord. 770 § 1, 1977: Ord. 551 § 5, 1971: Ord. 290 § 1, 1962: Ord. 288 § 7, 1962).

9.26.080 Sale from stands — Exceptions.

(Repealed by Ord. 1689.) (Ord. 1244 § 2 (part), 1985: Ord. 1182 § 9, 1984: Ord. 288 § 8, 1962).

9.26.090 Standards for temporary stands.

(Repealed by Ord. 1689.) (Ord. 1329 § 2, 1986; Ord. 1244 § 2 (part), 1985: Ord. 1182 § 10, 1984: Ord. 551 § 6, 1971: Ord. 288 § 9, 1962).

9.26.095 Standards for public fireworks displays.

All public fireworks displays shall conform to the following minimum standards and conditions:

(1) All public fireworks displays must be planned, organized and discharged by a State-licensed Pyrotechnician.

(2) A permit must be obtained from the city and approved by the Fire Chief or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his address, the name of the Pyrotechnician and his address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required.

(3) A drawing shall be submitted to the Fire Marshal showing a plan view of the fireworks discharge site and the surrounding area within a five-hundred-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.

(4) A city fire department pumper and a minimum of two trained city firefighters shall be on site thirty minutes prior to and after the shooting of the event. Firefighters shall receive a minimum compensation as per the Washington State Chiefs Association’s fee schedule. All compensation for fire department apparatus will be as per the Washington State Chiefs Association’s fee schedule and shall be designated to the Redmond Fire Department Fire Prevention Fund.

(5) All combustible debris and trash shall be removed from the area of discharge for a distance of three hundred feet in all directions.

(6) All unfired or "DUD" fireworks shall be disposed of in a safe manner.

(7) A minimum of two 2A-rated pressurized water fire extinguisher and one fire blanket shall be required to be at the fireworks discharge site.

(8) The permit may be immediately revoked at any time deemed necessary by the Fire Marshal or designee due to any noncompliance, or weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display.

(9) Areas of public access shall be determined by the Fire Marshal or designee and maintained in an approved manner. (Ord. 1244 § 2 (part), 1985: Ord. 1182 § 11, 1984).

9.26.100 Applicability.

The provisions of this chapter shall be applicable to the sales and use of all fireworks except "toy caps." (Ord. 1244 § 2 (part), 1985: Ord. 1182 § 12, 1984: Ord. 288 § 10, 1962).

9.26.120 Chapter in connection with state law.

This chapter is intended to implement RCW Chapter 70.77, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. 1244 § 2 (part), 1985: Ord. 288 § 12, 1962).

9.26.130 Enforcement.

The Fire Chief, or designee, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, he may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the Fire Chief or designee, and/or to comply with any provisions of this chapter or the requirements of the community development guide relating to temporary structures. (Ord. 1244 § 2 (part), 1985: Ord. 1182 § 14, 1984: Ord. 551 § 8, 1971: Ord. 288 § 13, 1962).

9.26.160 Penalty for violations.

Any person violating or failing to comply with the provisions of this chapter is guilty of a criminal violation, and, upon conviction thereof, shall be punished as provided in Section 1.01.110. (Ord. 1329 § 5, 1986: Ord. 1244 § 2 (part), 1985: Ord. 1216 § 22, 1984: Ord. 288 § 17, 1962).

Chapter 9.28
FRAUDS, SWINDLES AND FALSE REPRESENTATIONS

Sections:

9.28.010 Frauds and swindles.

9.28.020 False representations.

9.28.010 Frauds and swindles.

The following statutes of the state of Washington, including any future amendments, additions thereto and repeals thereof, are hereby adopted by reference and incorporated herein by this reference as if set forth in full:

RCW 9.45.060 Encumbered, leased or rented personal property

RCW 9.45.070 Mock auctions

RCW 9.45.080 Fraudulent removal of property

RCW 9.45.090 Knowingly receiving fraudulent conveyance

RCW 9.45.100 Fraud in assignment for benefit of creditors

RCW 9.26A.100 Definitions

RCW 9.26A.120 Fraud in operating coin-box telephone or other receptacle

RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin

RCW 9.26A.110 Fraud in obtaining telecommunications service — Penalty

RCW 9A.60.045 Criminal impersonation in the second degree

RCW 9A.60.050 False certification(Ord. 2211 § 1, 2004: Ord. 1406 § 8, 1988; Ord. 1244 § 4 (part), 1985).

9.28.020 False representations.

The following statutes of the state of Washington are adopted by reference:

RCW 9.38.010 False representation concerning credit

RCW 9.38.010 False representation concerning title(Ord. 1244 § 4 (part), 1985).

Chapter 9.30
GAMBLING

Sections:

9.30.010 State statutes adopted by reference.

9.30.020 State law applicable.

9.30.030 Unlawful practices.

9.30.050 Nuisances defined.

9.30.060 Tax levied upon gambling activities — Exemptions — Use of revenues.

9.30.070 Administration and collection of tax.

9.30.080 Declaration of intent — Statement of receipts.

9.30.090 Payment of tax.

9.30.010 State statutes adopted by reference.

The following statutes of the state of Washington, as now existing or as they may be hereafter amended, are adopted by reference:

RCW 9.46.010 Legislative declaration.

RCW 9.46.0201 "Amusement game."

RCW 9.46.0205 "Bingo."

RCW 9.46.0209 "Bona fide charitable or nonprofit organization."

RCW 9.46.0213 "Bookmaking."

RCW 9.46.0217 "Commercial stimulant."

RCW 9.46.0221 "Commission."

RCW 9.46.0225 "Contest of chance."

RCW 9.46.0229 "Fishing derby."

RCW 9.46.0233 "Fund raising event."

RCW 9.46.0237 "Gambling."

RCW 9.46.0241 "Gambling device."

RCW 9.46.0245 "Gambling information."

RCW 9.46.0249 "Gambling premises."

RCW 9.46.0253 "Gambling record."

RCW 9.46.0257 "Lottery."

RCW 9.46.0261 "Member," "bona fide member."

RCW 9.46.0265 "Player."

RCW 9.46.0269 "Professional gambling."

RCW 9.46.0273 "Punch boards," "pull-tabs."

RCW 9.46.0277 "Raffle."

RCW 9.46.0281 "Social card game."

RCW 9.46.0285 "Thing of value."

RCW 9.46.0289 "Whoever," "person."

RCW 9.46.0305 Dice or coin contests for music, food, or beverage payment.

RCW 9.46.0311 Charitable, nonprofit organizations — Authorized gambling activities.

RCW 9.46.0315 Raffles — No license required, when.

RCW 9.46.0321 Bingo, raffles, amusement games — No license required, when.

RCW 9.46.0325 Social card games, punch boards, pull-tabs authorized.

RCW 9.46.0331 Amusement games authorized.

RCW 9.46.0335 Sports pools authorized.

RCW 9.46.0341 Golfing sweepstakes authorized.

RCW 9.46.0345 Bowling sweepstakes authorized.

RCW 9.46.0351 Social card, dice games — Use of premises of charitable, nonprofit organizations.

RCW 9.46.0355 Promotional contests of chance authorized.

RCW 9.46.0361 Turkey shoots authorized.

RCW 9.46.110 Taxation of gambling activities — Limitations — Restrictions on punchboards and pull tabs.

RCW 9.46.120 Restrictions as to management or operation personnel — Restriction as to leased premises.

RCW 9.46.130 Inspection and audit of premises, paraphernalia, books, and records — Reports for the commission.

RCW 9.46.150 Injunctions — Voiding of licenses, permits, or certificates.

RCW 9.46.185 Causing person to violate rule or regulation.

RCW 9.46.190 Violations relating to fraud and deceit.

RCW 9.46.195 Obstruction of public servant in administration or enforcement as violation — Penalty.

RCW 9.46.196 Cheating.

RCW 9.46.200 Action for money damages due to violations — Interest — Attorneys’ fees — Evidence for exoneration.

RCW 9.46.210 Enforcement — Commission as a law enforcement agency.

RCW 9.46.217 Gambling records — Penalty — Exceptions.

RCW 9.46.222 Professional gambling in the third degree.

RCW 9.46.231 Gambling devices, real and personal property — Seizure and forfeiture.

RCW 9.46.235 Slot machines, antique — Defenses concerning — Presumption created.

RCW 9.46.240 Gambling information, transmitting or receiving as violation — Penalty.

RCW 9.46.250 Gambling property or premises — Common nuisances, abatement — Termination of mortgage, contract, or leasehold interests, licenses — Enforcement.

RCW 9.46.260 Proof of possession as evidence of knowledge of its character.

RCW 9.46.270 Chapter as exclusive authority for taxation of gambling activities.

RCW 9.46.293 Fishing derbies exempted.

RCW 9.46.295 Licenses as legal authority to engage in activities for which issued — Exception.

RCW 9.46.350 Civil action to collect fees, interest, penalties, or tax — Writ of attachment — Records as evidence.

RCW 9.46.400 Wildlife raffle.

One or more copies of the above-referenced statutes shall be kept on file in the office of the City Clerk for use and examination by the public. (Ord. 1956 § 1, 1997; Ord. 1497 § 1, 1989: Ord. 1276 § 1, 1985: Ord. 1244 § 2 (part), 1985: Ord. 666 § 1, 1974).

9.30.020 State law applicable.

Any license issued under the authority of state law to engage in any legal activity shall be legal authority to engage in the gambling activities for which the license was issued throughout the City, except that the City, in accordance with RCW 9.46.295 as the same now exists or may hereafter be amended, prohibits the following gambling activities within the City:

1. The conduct or operation of punchboards; and

2. The conduct or operation of social card games as commercial stimulants. (Ord. 2017 § 1, 1999: Ord. 1956 § 1, 1997; Ord. 1244 § 2 (part), 1985: Ord. 1186 § 1, 1984: Ord. 727 § 1, 1976: Ord. 718 § 1, 1976: Ord. 666 § 2, 1974).

9.30.030 Unlawful practices.

In addition to the unlawful offenses contained in the state laws adopted by reference in RMC 9.30.010, the following practices shall be unlawful within the city, and each violation thereof constitutes a misdemeanor:

1. Conducting gambling activities prohibited by the city. (Ord. 1956 § 1, 1997; Ord. 1276 § 2, 1985: Ord. 1244 § 2 (part), 1985: Ord. 666 § 3, 1974).

9.30.050 Nuisances defined.

The conducting of any amusement game, bingo game, or raffle, as defined in this chapter, without a license or beyond the scope of a license as required under state law or the conduct of any gambling activity prohibited by this chapter, is declared a common nuisance and shall be subject to abatement by injunction or as otherwise provided by law. All gambling devices in such cases are common nuisances and shall be subject to seizure immediately upon detection and to confiscation and destruction by order of a superior court or district court, except when in the possession of officers enforcing this chapter. No property right in any such gambling device shall exist or be recognized in any person, except the possessory right of officers in enforcing this chapter. (Ord. 1956 § 1, 1997; Ord. 1244 § 2 (part), 1985: Ord. 666 § 5, 1974).

9.30.060 Tax levied upon gambling activities — Exemptions — Use of revenues.

A. A tax at the rates specified in this section is levied on all persons, associations and organizations who engage in the following activities:

	Activity	Tax Rate
1.	Conduct of any bingo game or raffle	Five percent of the gross revenue received after the amount paid for prizes or as prizes is deducted
2.	Conduct or operation of any amusement game	Two percent of the gross revenue received after the amount paid as prizes is deducted
3.	Operation of pull tabs as a commercial stimulant	Five percent of the gross revenue received
4.	Operation of pull tabs by bona fide charitable or nonprofit organization	Ten percent of the gross revenue received after the amount paid for prizes or as prizes is deducted
5.	Operation of a card room for social card games as a commercial stimulant upon any premises	Twelve percent of the gross revenue received from such card games per year
6.	Operation of social card games on premises or facilities used or owned by a bona fide charitable or nonprofit organization	One dollar per year for each member in the bona fide charitable or non-profit organization to a maximum of one hundred dollars for each such premises or facility

B. Provided, however, that the following exemptions shall apply to the tax levied by subsection A:

1. No tax shall be imposed on bingo or amusement games when such activities or any combination thereof are conducted by a bona fide charitable or nonprofit organization which organization has no paid operating or management personnel and has gross receipts from bingo or amusement games, or a combination thereof, not exceeding $5,000 per year, less the amount awarded as cash or merchandise prizes.

2. No tax shall be imposed on the first $10,000 of gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by a bona fide charitable or nonprofit organization.

3. An amount equal to fifty percent of the tax upon bingo and amusement games conducted by bona fide charitable or nonprofit organizations will be waived upon satisfactory proof submitted by the organization showing that the proceeds of such gambling activity are used entirely within the city for community or charitable purposes.

4. No tax shall be imposed upon lower volume licensees, as defined by WAC 230-04-065, conducting gambling activities under subsections (A)1 and (A)5.

C. Pursuant to RCW 9.46.113, the city shall use the revenue collected from the taxes levied on the authorized gambling activities in this section primarily for the purpose of enforcement of the provisions of this chapter by the city Police Department. (Ord. 2070 § 1, 2000; Ord. 1956 § 1, 1997; Ord. 1497 § 3, 1989: Ord. 1276 § 3, 1985; Ord. 1244 § 2 (part), 1985: Ord. 817 § 2, 1978: Ord. 727 § 2, 1976: Ord. 718 § 2, 1976: Ord. 666 § 6, 1974).

9.30.070 Administration and collection of tax.

The administration and collection of the tax imposed by this chapter shall be by the City Clerk pursuant to rules and regulations as may be adopted by the Washington State Gambling Commission. In this connection, the City Clerk’s office shall have the authority to adopt, publish and enforce such rules and regulations not inconsistent with this chapter as are necessary to enable the collection of the tax imposed by this chapter, and prescribe and issue the appropriate forms for determination and declaration of the amount of tax to be paid. It shall be the responsibility of all officers, directors and managers of any organization conducting gambling activities to provide access to such financial records as the City Clerk, her authorized representative, or law enforcement officers may require in order to determine compliance with this chapter. (Ord. 1956 § 1, 1997; Ord. 1276 § 4, 1985: Ord. 1244 § 2 (part), 1985: Ord. 666 § 7, 1974).

9.30.080 Declaration of intent — Statement of receipts.

A. For the purpose of identifying who shall be subject to the tax imposed by this chapter, any person, association or organization intending to conduct or operate any gambling activities authorized by RCW Chapter 9.46 not prohibited by this chapter shall, prior to commencement of any such activity, file with the City Clerk a sworn declaration of intent to conduct or operate such activity together with a copy of the license issued by the Washington State Gambling Commission. Thereafter, for any period covered by such license or any renewal thereof, any person, association or organization shall, on or before the last day of each April, July, October and January which follows the end of the quarterly period in which the tax accrued, file with the City Clerk a sworn statement on a form to be provided and prescribed by the City Clerk, reporting the gross revenue received for the purpose of ascertaining the tax due for the preceding quarterly period.

B. A bona fide charitable or nonprofit organization must file with the City Clerk a copy of the letter from the Internal Revenue Service, Department of the Treasury, noting exemption from federal income tax due to its status as a bona fide charitable or nonprofit organization, a copy of its Washington State Gambling license, if such license is required, and any forms provided or prescribed by the City Clerk.

C. Holders of lower volume licenses shall maintain records as required by the Washington State Gambling Commission and shall file with the City Clerk a duplicate copy of the summary of these records as required by WAC 230-08-015. (Ord. 1956 § 1, 1997; Ord. 1625 § 1 (part), 1991: Ord. 1497 § 4, 1989: Ord. 1244 § 2 (part), 1985: Ord. 817 § 3, 1978: Ord. 666 § 8, 1974).

9.30.090 Payment of tax.

A. The tax imposed by this chapter shall be due and payable on a quarterly basis, and remittance therefor shall accompany each return and be in the City Clerk’s office by five o’clock p.m. (5:00 p.m.) PST on or before the last day of each April, July, October and January for the preceding quarter in which the tax accrued.

B. For each payment due, if such payment is not made by the due date and time thereof, there shall be added penalties as follows:

1. One to fifteen days delinquency, ten percent with a minimum penalty of ten dollars;

2. After fifteen days delinquency, fifteen percent with a minimum penalty of ten dollars.

C. In addition to the late payment penalties set forth herein, any quarterly tax payment not piad by the due date shall bear interest at twelve percent (12%) per annum or the maximum legal rate, whichever is greater. (Ord. 1956 § 1, 1997; Ord. 1625 § 1 (part), 1991: Ord. 1244 § 2 (part), 1985: Ord. 666 § 9, 1974).

Chapter 9.32
PARKS

Sections:

9.32.010 Title.

9.32.020 Definitions.

9.32.030 Purpose.

9.32.040 Hours.

9.32.050 Posting signs, posters, and notices.

9.32.060 Damage to park property unlawful.

9.32.070 Animals running at large prohibited.

9.32.080 Teasing, annoying or injuring animals prohibited.

9.32.090 Firearms and explosives.

9.32.100 Certain vocations prohibited.

9.32.105 Aircraft.

9.32.107 Repealed.

9.32.108 Repealed.

9.32.110 Permit for assemblies and scheduled events required.

9.32.120 Racing regulations.

9.32.130 Building fires.

9.32.140 Intoxicating liquors and drugs prohibited.

9.32.150 Selling refreshments or merchandise.

9.32.160 Driving areas — Speed limits.

9.32.165 Repealed.

9.32.170 Parking.

9.32.175 Overnight moorage prohibited.

9.32.180 Camping areas.

9.32.185 Repealed.

9.32.190 Practicing and playing certain games.

9.32.195 Games on beaches.

9.32.200 Depositing refuse and litter.

9.32.210 Testing vehicles prohibited.

9.32.215 Operation of motorized models prohibited.

9.32.220 Amplified music and public address systems.

9.32.230 Adoption of rules and regulations by director.

9.32.240 Penalty.

9.32.250 Aiding and abetting violations.

9.32.010 Title.

These rules may be cited as the "Park Rules and Regulations" for the city of Redmond, Washington. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.020 Definitions.

Whenever used in these rules, the following terms shall be defined as follows:

(a) "Parks and Recreation Department" means the city of Redmond Parks and Recreation Department.

(b) "Director" means the Director of the Parks and Recreation Department for the city of Redmond, or his or her designee.

(c) "Park employee" means a duly appointed city of Redmond Parks and Recreation Department employee.

(d) "Person" means all natural persons, firms, partnerships, corporations, clubs and all associations or combination of persons whenever acting for themselves or by an agent, servant, or employee.

(e) "Park" means and includes all city parks, and bodies of water contained therein, trails, public squares, public drives, parkways, boulevards, golf courses, museums, zoos, pools, buildings, and playgrounds or play structures and/or any other City of Redmond park area under management and control of the Parks and Recreation Department.

(f) "Motor vehicle" means any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and includes, but is not limited to, automobiles, trucks, motorcycles, motor scooters, jeeps or similar type four-wheel drive vehicles, and snowmobiles, whether or not they can legally be operated upon the public highways.

(g) "Trail" means any path or track designed for use by pedestrians, bicycles, or equestrians; and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel, or similar substance, so designed as to permit its use by standard passenger automobiles, or other right-of-way specifically designated and posted for nonvehicular use.

(h) "Trailer" means a towed vehicle which contains any sleeping or housekeeping accommodations, boat, animal, apparatus, or is designed for the purpose of transporting any of the same by towing behind a vehicle.

(i) "Camp site" means designated camping sites which are designated for the use of tent campers, and at which no water and/or electrical facilities are available for hookup to a trailer or a camper.

(j) "City of Redmond park area" means any area under the ownership, management, or control of the Parks and Recreation Department.

(k) "Aircraft" means any and all weight-carrying structures designed for the navigation of the air and supported either by their own buoyancy or by the dynamic action of air above and beneath their surfaces, whether self-propelled or not. The term "aircraft" includes, but is not limited to, all structures and devices commonly known as airplanes, helicopters, orthopters, gliders, ultralights, and hot air or lighter than air balloons. The term "aircraft" does not include kites, paper planes and model or toy aircraft.

(l) "Non-motorized watercraft" shall mean those floating devices which are designed to support or help support a person or persons.

(m) "Motorized watercraft" shall mean those floating devices which are designed to be propelled by the use of internal combustion engines or electric motors. Inflatable, motorized watercraft may be included in this definition if they are propelled by the use of internal combustion engines or electric motors.

(n) "Swimming season" shall mean the period of time, as designated by the Director, from approximately mid-June to the first week in September, when lifeguards are on daily duty at park swimming beaches.

(o) "Non-swimming season" shall mean that portion of the year which has not been designated as the swimming season. (Ord. 1789 § 1, 1994; Ord. 1469 § 1, 1989; Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.030 Purpose.

The parks, playgrounds, activity centers, buildings, and other facilities of the Parks and Recreation Department are established by law for public recreation purposes. The public recreation program consists primarily of activities planned and directed by the Parks and Recreation Department and secondarily of recreation activities of community groups brought under control of the division when conducted under permit at the public park facility. (See "Redmond Facility Use Policy".)* (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

* Editor’s Note: "Redmond Facility Use Policy" is found in Resolution 609, on file at the office of the City Clerk.

9.32.040 Hours.

The director shall establish for each city of Redmond park area according to existing conditions, times and period when it will be open and closed to the public. Such times and periods shall be posted at the entrance to the Redmond park area. No person shall enter or be present at a Redmond park area after closing time. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.050 Posting signs, posters, and notices.

(a) It is unlawful for any person, without prior written permission of the director, to attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, railing, post or structure within any park; provided that the director may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics.

(b) It is unlawful for any person, without prior written permission of the director, to use, place or erect any signboard, sign, billboard, bulletin board, post, pole, or device of any kind for advertising in any park, or to place or erect in any park a permanent or temporary structure of any kind; provided, that before granting any such permit, the director shall establish general rules and regulations pertaining hereto, including provisions pertaining to removal, protection of the city Park Department and its employees, protection of the interests of the general public, and of persons using said park. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.060 Damage to park property unlawful.

It is unlawful for any person to remove, destroy, mutilate or deface any structure, or any part of any structure, or any fixture therein, or attached thereto, or any monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system or sprinkling system, or any other property lawfully located within a city of Redmond park area. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.070 Animals running at large prohibited.

(a) It is unlawful for any person to allow or permit any dog or other pet to run at large in any park, except guide or service dogs or dogs used by a public law enforcement officer, or Fire Department personnel, to enter any public beach, swimming or wading area, pond, fountain, stream or organized athletic areas thereon, except in areas specifically designated by the Director for the exercising of pets. Provided that, except in areas in which animals are prohibited, dogs or other pets are permitted in a park if on a leash or otherwise securely caged or securely restrained from running free. The Director may ban dogs and other pets from areas of any parks where he/she determines the same may be a nuisance. Any person with a dog or other pets in his/her possession in any park shall be responsible for both the conduct of the animal and have removed from any park feces deposited by such animal.

(b) It is unlawful for any person to permit any dog or pet to be in the beachfront area of the following park or water recreation area all year:

Idylwood Beach Park — The beachfront area is defined as all area within 150 feet of shoreline. (Ord. 1789 § 2, 1994: Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.080 Teasing, annoying or injuring animals prohibited.

(a) It is unlawful for any person in any park, in any manner, to tease, annoy, disturb, molest, catch, injure or kill, feed or throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird or fowl; or to catch any fish or feed any fowl except at those places as may be so designated for the catching of fish or the feeding of fowl by the Director.

(b) Disturbance by Animals. It is unlawful for any person to permit any dog or other pet, whether on or off a leash, to disturb or harass any park personnel, users, farm animals, wildlife or other pets. (Ord. 1789 § 3, 1994: Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.090 Firearms and explosives.

It is unlawful to shoot, fire, or explode any firearms, rockets, fireworks, firecrackers, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, bows and arrows, BB gun, or use any slingshot or other propelling device wherein the applied human energy or force is artificially aided, directed or added to in any park, except in such designated recreational areas as may be designated by the director and/or law enforcement officials acting in official capacity. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.100 Certain vocations prohibited.

(a) It is unlawful to take up collections, or to act as or play the vocation of solicitor, agent, peddler, fakir, mendicant, beggar, strolling musician, organ grinder, exhorter, barker, showman, or bootblacks.

(b) No person shall hold, operate or conduct a circus, carnival, or traveling exhibition on any park property except such activities as may be a regular part of the parks and recreation program without first obtaining a written permit from the director.

(c) Except as provided in Section 9.32.150, it is unlawful for persons to conduct activities in a city of Redmond park area for private voluntary gain (profit). Said activities must be conducted in accordance with the city of Redmond facility use policy, held without admission charge, be open to the general public without discrimination, and scheduled during hours when the park areas are regularly open.

(d) It is unlawful to use a metal detector in any city park without obtaining a written permit from the director. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.105 Aircraft.

Launching, takeoff and landing of aircraft is prohibited in all city parks, except that:

(1) Aircraft used to transport injured persons, evacuees, medical personnel or public officials in the event of an accident, disaster or emergency may use city parks for launching, takeoff or landing; and

(2) Aircraft may be landed in city parks when emergency circumstances prevent landing at other safe locations, provided that the owner submits a written statement explaining the circumstances of the emergency to the Parks Director within seventy-two hours of the emergency landing. (Ord. 1469 § 2, 1989).

9.32.107 Landing, launching, docking, and use of watercraft — Prohibited.

Repealed by Ord. 1851. (Ord. 1789 § 4, 1994).

9.32.108 Water skiing prohibited.

Repealed by Ord. 1851. (Ord. 1789 § 6, 1994).

9.32.110 Permit for assemblies and scheduled events required.

(a) It is unlawful for any person to hold, sponsor, or participate in any organized assembly without first giving to the director, written notice thereof and obtaining therefrom, a written permit to do so in accordance with the city of Redmond’s facility use policy. In this connection, such rules and regulations may require the deposit for "cleanup" undertakings, the furnishing of waste receptacles and sanitary conveniences such as sani-cans, and effective plans for traffic and crowd control and program management.

(b) Religious services or group rallies may be permitted in Redmond park areas where facilities are adequate, and where such activities will not conflict in any way with normal park usage. To avoid conflict, written permission for such activities must be obtained in advance from the director. Written permission for the use of loudspeakers by groups must be obtained in advance. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.120 Racing regulations.

It is unlawful for any person in any park to engage in, conduct or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal, except at specified places and times designated for such activities by the director upon his determination that:

(1) Adequate provision has been made to insure that the health and safety of participants in and spectators of any activities will not be subject to undue hazard;

(2) Such activities will be conducted in such a manner as to minimize potential damage to public or private property;

(3) Such activities will not constitute a public nuisance; and

(4) Such activities will not unduly interfere with the use of park facilities by the general public. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.130 Building fires.

It is unlawful for any person to build any fire in any park except in such areas as may be designated by the director and where such designation is clearly defined by signs posted in such park areas. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.140 Intoxicating liquors and drugs prohibited.

It is unlawful for any person to bring into any park or consume by mouth, inhalation or injection, while in any park, any intoxicating liquor, narcotic or dangerous drugs or to consume by any such method any material or substance (such as glue, for example) capable of producing a state of intoxication or euphoria. Provided, however, that this section shall not be applied to any person consuming a drug obtained by such person by lawful prescription and taken pursuant to the medical direction of a licensed physician. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.150 Selling refreshments or merchandise.

It is unlawful to sell refreshments or merchandise in any park without first entering into a concession contract according to the rules and regulations of the Parks and Recreation Department of the city. (Ord. 1795 § 1, 1994: Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.160 Driving areas — Speed limits.

It is unlawful for any person to ride or drive any vehicle or animal over or through any park except along and upon the park drive, parkways, park boulevards, trail and bicycle paths, or at a speed in excess of the posted speed limit or in excess of fifteen miles per hour where no speed limit is posted. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.165 Speed limits — Distance limitations.

Repealed by Ord. 1851. (Ord. 1789 § 7, 1994).

9.32.170 Parking.

(a) No operator of any animal, automobile, trailer, camper, boat trailer, or other vehicle, shall park or put such vehicle or animal in any Redmond park area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked either in a designated parking area, or in another area with the permission of a park employee. No person shall park, leave standing, or abandon an animal or vehicle in any Redmond park area after closing time. Any vehicle found parked in violation of this section may be towed away at the owner’s or operator’s expense.

(b) It is unlawful to park a motor vehicle in a designated handicapped parking space without the officially recognized symbol on the vehicle license plate. All improperly parked vehicles are subject to being towed away at the owner’s or operator’s expense. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.175 Overnight moorage prohibited.

It is unlawful for any person to moor a watercraft overnight in any park, except by permit of the Director. (Ord. 1789 § 8, 1994).

9.32.180 Camping areas.

It is unlawful for any person to camp in any park except at places set aside for such purposes by the director and so posted. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.185 Swimming in designated areas only.

Repealed by Ord. 1851. (Ord. 1789 § 9, 1994).

9.32.190 Practicing and playing certain games.

It is unlawful for any person to practice or play golf, baseball, cricket, polo, lacrosse, archery or hockey, except at park areas set apart and/or designated for such purposes by the Park Director which will not conflict in any way with normal park usage. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.195 Games on beaches.

At times large, uncrowded beach areas can safely permit some games. Such games shall be permitted only with the consent of the lifeguards, or other Parks Department personnel. (Ord. 1789 § 10, 1994).

9.32.200 Depositing refuse and litter.

It is unlawful for any person to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park area or trail, or to deposit any waste or abandoned material therein except in designated receptacles. No person shall deposit any refuse, not generated in parks, in any receptacle within any park or upon any park properties. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.210 Testing vehicles prohibited.

It is unlawful to operate any motor vehicle or motorcycle for the purpose of testing it, or ascertaining its fitness for service, along or upon any park drive, parkway or park boulevard. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.215 Operation of motorized models prohibited.

It is unlawful for any person to operate any motorized model aircraft, rocket or watercraft in any park, except as authorized by the Director. (Ord. 1789 § 11, 1994).

9.32.220 Amplified music and public address systems.

It is unlawful to operate a powered public address system or amplified music speaker system or other means of amplifying sound at any park areas without a written permit from the director. Battery-operated portable radios and tape players are permitted, provided they shall not be operated at a volume or in any manner which unreasonably disturbs the peace of others. (Ord. 1244 § 2 (part), 1985: Ord. 1074 § 1 (part), 1982).

9.32.230 Adoption of rules and regulations by director.

The director shall have the power to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks, and shall post the same in conspicuous places in the parks. Such rules and regulations shall include a procedure for granting blanket permits encompassing any particulars of this chapter to locally and nationally recognized organizations or associations. Such rules and regulatio