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Title 8
HEALTH AND SAFETY1Chapters:
8.04 Cemetery
8.08 Fireworks
8.12 Litter
8.16 Nuisances
8.20 Abandoned Wooden Buildings
8.36 Repealed
8.40 Rats
Chapter 8.04
CEMETERYSections:
8.04.010 Purpose – Amendments.
8.04.020 Waiver of rules.
8.04.030 Lots – Plat and survey.
8.04.040 Lots – Grade.
8.04.050 Lots – Tax-exempt – Sale for debt.
8.04.060 Lots – Conveyance.
8.04.070 Lots – Transfer.
8.04.080 Lots – Common ownership.
8.04.090 Endowment care.
8.04.100 Records of ownership.
8.04.110 Right to interment.
8.04.120 Reconveyance of lots.
8.04.130 Funerals – Opening and closing graves.
8.04.140 Sodding of graves.
8.04.150 Interments – Notice.
8.04.160 Interments – Limitations.
8.04.170 Interment – Death certificate required.
8.04.180 Interment – Agreement.
8.04.190 Interment – Friends.
8.04.200 Interment – Position of grave.
8.04.210 Interment – Lots not paid for.
8.04.220 Lot transfer after interment.
8.04.230 Disinterment or removal.
8.04.240 Care and improvements.
8.04.250 Decoration.
8.04.260 Pruning.
8.04.270 Monuments and memorials.
8.04.280 Saturday and Sunday interments.
8.04.285 Plots and markers – Urn Garden, Block 219.
8.04.286 Repealed.
8.04.290 Price of graves – Service charges.
8.04.292 Price adjustments.
8.04.294 Earth burial of ashes.
8.04.296 Additional charges when services not prepaid.
8.04.300 Billing.
8.04.310 Visitors.
8.04.010 Purpose – Amendments.
A. The rules and regulations contained in this chapter are made only for the benefit of the lot owners and are designed to limit their rights insofar as such limitations are for the benefit of all. If rules and regulations are not made, the exercise by certain ones of what would seem to be their proper rights would interfere with the rights and enjoyment of others, as well as destroy the general scheme of beauty of the property. No rule has been adopted except as was found obligatory to preserve the rights of all for whom the city considers itself the trustee.
B. This chapter may be changed or amended without notice at any time by the city council, and will be so changed and amended when any rule is found to be detrimental to the best interests of the lot owners as a whole or when new conditions require the adoption of other or further regulations.
C. Copies may be had upon application to the city clerk. (Ord. 378 § 2, 1928. Prior code § 10.02.020)
8.04.020 Waiver of rules.
The city council shall have the right to make exceptions from this chapter when deemed advisable for the best interests of the property; such exceptions shall not be considered as rescinding or waiving any of these rules. Any waiver that may be made by the city council shall not be or be considered to be a continuing waiver and shall not bar the city or city council from enforcing the usual rules and regulations at any later time it may be desired so to do. (Ord. 378 § 25 (part), 1928. Prior code § 10.02.300)
8.04.030 Lots – Plat and survey.
All lots are surveyed and platted and the plat or plats duly recorded in the auditor’s office of Pierce County, Washington. (Ord. 378 § 4 (part), 1928. Prior code § 10.02.040)
8.04.040 Lots – Grade.
The grade of all lots is established when the ground is surveyed and no change by the lot owner will be allowed. (Ord. 378 § 4 (part), 1928. Prior code § 10.02.050)
8.04.050 Lots – Tax-exempt – Sale for debt.
All lots in the Sumner cemetery will be sold with endowment care without additional charge and are conveyed by deed for burial purposes only. They are exempt from taxation and cannot be sold for debt or mortgage. (Ord. 948 § 2, 1972: Ord. 378 § 4 (part), 1928. Prior code § 10.02.060)
8.04.060 Lots – Conveyance.
All lots in the Sumner cemetery are conveyed to the purchaser by warranty deed when paid for, but the rights of the purchaser therein are subject to such rules and regulations as are to be made from time to time by the city council. (Ord. 378 § 1, 1928. Prior code § 10.02.010)
8.04.070 Lots – Transfer.
The possession of a deed is not sufficient evidence of the transfer of a lot from the original purchaser, and no sale, transfer or conveyance of any lot or interest therein shall be valid without the consent in writing of the city council endorsed upon such transfer or conveyance. The record of deed kept by the city of Sumner is the only evidence of title recognized by the city which is to govern and control all interments therein. All lot transfers must be executed by deed pursuant to the conditions of and on forms obtainable at the office of the clerk-treasurer. The charge for such a transfer and its recording on the records will be $2.00; provided that the city will not consent to any transfer nor recognize for purposes of interment of any lots or graves upon which there has not been paid the price fixed by this chapter. (Ord. 378 § 4 (part), 1928. Prior code § 10.02.070)
8.04.080 Lots – Common ownership.
A. A lot may be held in common ownership, but in such cases only one monument will be permitted on the entire lot.
B. Purchasing a lot jointly is not advised for the reason that when there are common owners, either by purchase, devise or descent, the city will not undertake to record or enforce any agreement as to parts or portions of the lot to be used by each, but will accept orders for interments therein, regard being had only for the capacity of such lots and the rules and regulations governing lots. (Ord. 378 § 4 (part), 1928. Prior code § 10.02.080)
8.04.090 Endowment care.
A. No lots or graves will be sold in the Sumner cemetery without endowment care. “Endowment care” includes the upkeep of driveways and walks and other improvements belonging to the cemetery, mowing the grass at reasonable intervals, pruning shrubs and trees and such work as shall be necessary.
B. The city does not bind itself to maintain, repair or replace any grave markers or monumental structures erected upon the lot. If, however, it is desired, additional deposits may be made to continue the care of roses, floral decorations at Christmas, Memorial Day, Easter or any other dates designated by the lot owners for maintenance and renewal of gravestones or lot tablets. (Ord. 378 § 3, 1928. Prior code § 10.02.030)
8.04.100 Records of ownership.
In case of the death of a lot owner the city will recognize the rights of the surviving wife or husband and next of kin, insofar as it is able to ascertain who such parties are from proofs to be furnished by such surviving spouse or the heirs of the deceased, but it shall not be responsible for errors committed unless they are at once notified of the death of the owner and furnished with legal proof showing who is surviving spouse or the next of kin. It is therefore very important that the heirs or devisees file with the city legal proof of ownership for recording upon its books. The fee for recording and preserving such records by the city of Sumner shall be $2.00. (Ord. 378 § 5, 1928. Prior code § 10.02.090)
8.04.110 Right to interment.
The question of whose remains shall have the right to the interment in a lot after the death of the lot owner is disclosed as follows:
A. That the surviving wife or husband shall have the first right to interment;
B. The original purchaser may at the time designate whom he wishes to have buried in the lot, which must be recorded on the books of the city; for which the regular fee of $2.00 is
charged. This notice must be in writing only, signed and acknowledged before a notary;
C. In case the original purchaser does not make such designation during his lifetime, the heirs of such purchaser may by an agreement in writing, duly signed by all of them, determine who among them shall have the right of burial in the lot;
D. In the event the original purchaser or his heirs have not have arranged for future burials, the direct lineal descendants of such purchaser shall, in the order of their deaths, be entitled to interment therein until the lot shall be filled;
E. In such case, if there are no lineal descendants, then the nearest of kin to the purchaser shall have right to interment in the lot in the order of their deaths, until the lot shall be fully occupied. (Ord. 378 § 6, 1928. Prior code § 10.02.100)
8.04.120 Reconveyance of lots.
A. When a lot owner dies, his lot becomes the property of his children or other heirs at law, unless otherwise devised by will. Should a mercenary or indifferent spirit overtake the late owners, and they unite in requesting that the remains of the original owner and his wife or others interred in that lot be removed and buried elsewhere that they may sell the lot and profit by the transaction, there is little to prevent their doing so.
B. But if the lot has been reconveyed in trust to the city, and in that reconveyance it is distinctly stated who are to be buried in the lot, and that nobody now interred in the lot or which may hereafter be buried in it shall ever be removed from it or disturbed, this lot becomes a sacred trust in the hands of the city and the wishes and intentions of the original lot owner will be carried out. A trust deed will be prepared in duplicate and recorded by the city for the sum of $10.00. (Ord. 378 § 7, 1928. Prior code § 10.02.110)
8.04.130 Funerals – Opening and closing graves.
Funerals while within the grounds shall be under the control of the superintendent or one of his assistants. (Ord. 771, 1964: Ord. 378 § 8, 1928. Prior code § 10.02.120)
8.04.140 Sodding of graves.
All graves will be sodded or seeded by the city without charge to the lot owners, when the graves shall have thoroughly settled and been made level with the surface of the surrounding lawn. (Ord. 378 § 9, 1928. Prior code § 10.02.130)
8.04.150 Interments – Notice.
Whenever interments are to be made, previous notice of at least eight hours of daylight must be given in order that the grave may be properly prepared. (Ord. 378 § 10, 1928. Prior code § 10.02.140)
8.04.160 Interments – Limitations.
The interment of two bodies in one grave (that is, one above the other) will not be allowed, except in certain sections designated by the superintendent. No interment of anything other than a human body will be permitted. (Ord. 378 § 11, 1928. Prior code § 10.02.150)
8.04.170 Interment – Death certificate required.
No interment will be permitted without the proper death certificate or burial permit as required by the health authorities. (Ord. 378 § 12, 1928. Prior code § 10.02.160)
8.04.180 Interment – Agreement.
When a lot is held jointly a permit for interment will be granted to either owner or his heirs. An agreement may be made between common owners as to the parts of the lots to be used by each, but the city will not undertake to enforce such agreement. (Ord. 378 § 13, 1928. Prior code § 10.02.170)
8.04.190 Interment – Friends.
A. A lot is intended as a family burial place of the purchaser, and therefore, while he may permit the interment in his lot of one, not a member of his family, an heir cannot, except by the unanimous consent of all the owners, but in no case shall any remuneration or consideration be accepted therefor.
B. Lot owners who desire to give the privilege for future interment to relatives or friends without consideration, must file such instructions with the city in writing, duly signed and acknowledged before a notary. The fee for recording names on the books of the city is $1.00 for each proposed interment.
C. If the interment is to be made at once, the owner must file such instructions with the city clerk in writing duly signed, for which no charges are made. (Ord. 378 § 14, 1928. Prior code § 10.02.180)
8.04.200 Interment – Position of grave.
A. When an interment is to be made the person requesting it must show or designate the exact position of the grave, and give the order in person or in writing.
B. When an undertaker having charge of the burial specifies the position of a grave, no change of location after interment will be made except at the expense of the lot owner, as the city cannot be held responsible for any mistake occurring from the want of precise and proper instructions as to the location of any grave. (Ord. 378 § 15 (part), 1928. Prior code § 10.02.190)
8.04.210 Interment – Lots not paid for.
Interments will not be made in lots which have not been paid for except by special permission of the city council and in all such cases the city of Sumner shall have the right at time on default of payment by the purchaser, to remove the remains to a single grave or to a smaller lot bearing a price not exceeding, including expense of removal, the amount paid upon the original lot. (Ord. 378 § 15 (part), 1928. Prior code § 10.02.200)
8.04.220 Lot transfer after interment.
While there is an interment upon any lot, the city cannot consent to the transfer of conveyance of said lot in whole or in part by other than the original owner, nor will the city recognize the right of any party claiming burial in any lot so transferred or conveyed unless the permission of the said owner or his legal representatives is entered on the records of the city. (Ord. 378 § 17, 1928. Prior code § 10.02.210)
8.04.230 Disinterment or removal.
A. No disinterment or removal of a body will be allowed without the consent in writing of the surviving husband or wife or next of kin of the person whose body is to be disinterred or removed; also furnish written permit or order for the same from the owner of the lot, or his lawful representative and secure the approval of the city.
B. Remains removed from the cemetery must be accompanied by the proper papers as prescribed by law. (Ord. 378 § 18, 1928. Prior code § 10.02.220)
8.04.240 Care and improvements.
All work in the care and improvement of lots shall be done by employees of the cemetery. No lot or grave shall be defined by fence, railing, coping, hedge, or by any other marking which shall extend above the ground. Boxes, shells, artificial flowers, wire screens, arbors, trellises, tripods, chairs, benches and objects of similar description will not be permitted on any grave or lot. (Ord. 378 § 19, 1928. Prior code § 10.02.230)
8.04.250 Decoration.
No lot or grave shall be decorated by the owner or other interested therein with any trees, shrubs or plants of permanent nature without the consent of the superintendent. This does not, however, exclude the placing of cut flowers upon the graves, which must be placed in receptacles sunk level with the ground. Such receptacles do not obstruct the work or up-keep or appear unsightly when non-filled as do glass jars, vases, bottles, cans and similar holders. A suitable vase for each grave will be furnished and set at a nominal charge upon application to the superintendent. Floral or other decorations will be removed from lots as soon as they become wilted or unsightly and persons wishing to retain any of the decorations must remove them within 48 hours after interment. (Ord. 378 § 20, 1928. Prior code § 10.02.240)
8.04.260 Pruning.
A. No person shall trim or prune or remove any part of any tree or shrub in the cemetery, whether on his lot or not. On request, the superintendent will do any pruning needed without charge.
B. If any tree or shrub, situated on any lot shall by means of its roots, branches, or otherwise become detrimental, dangerous, or objectionable to the adjacent lots, walks or avenues, the city shall have the right and it shall be their duty to enter upon the lot and remove the tree or shrub, or any trees or parts thereof as they may see fit. (Ord. 378 § 21, 1928. Prior code § 10.02.250)
8.04.270 Monuments and memorials.
A. Each grave may contain one memorial and one official flower vase for each occupant. The memorial shall be of the type and size approved for the specific section of the cemetery. Raised headstones shall not exceed 30 inches in height, and all footstones shall be flush with the turf. Plot owners shall keep all monumental work placed upon their plots in good repair.
B. The cemetery superintendent shall contract to install memorials and foundations in accordance with established specifications, standards and requirements. Private persons may install memorials and foundations, provided they comply with cemetery specifications, standards and requirements. Memorial borders and foundations shall be the same size as those installed by the cemetery. The grave location shall be determined by the cemetery staff, the dirt and sod shall be hauled away from the cemetery grounds, and the finished installation shall be approved in writing by a qualified member of the cemetery staff.
C. The setting fee for memorials and foundations installed by private persons shall be reduced in the appropriate category by $10.00. Private person installers must show evidence of coverage of public liability insurance in which the city is a named insured and file a performance bond with the city in the sum of $1,000 for a period of one year to ensure compliance with cemetery specifications, standards and requirements.
D. The setting of memorials and preparation of foundations for monuments shall be paid in advance. Removal of monumental work from any grave plot under claim it is not paid for or other pretense shall not be permitted without authority of the cemetery superintendent.
E. The purchase of glass front niches shall be subject to the following conditions:
1. Only regulation metal urns purchased through the cemetery or a funeral home will be allowed and the urn must accommodate the size of the niche purchased;
2. Only one floral copper vase per niche;
3. Urns may only be used for human cremains;
4. Small picture/photos no larger than two inches by three inches may be placed in the niche;
5. The glass fronts must remain unaltered; and
6. Niches may be opened only by cemetery staff. (Ord. 1818 § 6, 1997: Ord. 1249 § 1, 1984: Ord. 1116 § 1, 1979: Ord. 378 § 22, 1928. Prior code § 10.02.260)
8.04.280 Saturday and Sunday interments.
Interments held on Saturday shall be completed in the morning; therefore, the funeral procession must arrive at the cemetery no later than 11:00 a.m. No interment shall be held on Sunday. Services performed outside the normal working hours, where no fee schedule exists, shall be charged by the cemetery clerk at the actual cost of the city to provide the service plus 25 percent. No cemetery services shall be held on Sunday. (Ord. 1445 § 6, 1989; Ord. 1244 § 1, 1983: Ord. 1183 § 1, 1981: Ord. 1116 § 2, 1979: Ord. 1007 § 1, 1975: Ord. 991 § 1, 1975: Ord. 974 § 1, 1974: Ord. 876 § 2, 1968: Ord. 378 § 23, 1928. Prior code § 10.02.270)
8.04.285 Plots and markers – Urn Garden, Block 219.
A. Plots (Graves). Each plot for cremains shall be three feet by three feet in size and shall contain only one set of cremains per plot.
B. Monuments and Memorials. Each plot may contain one marker (memorial) and one official flower vase. The markers shall all be made of granite and shall be uniform in size. The size shall be eight inches by 16 inches and there shall be no concrete border. All markers shall be flush with the turf and plot owners shall be responsible for keeping their respective markers in good repair. The cemetery staff shall be responsible for locating all sites and installing the markers.
C. There shall be one main granite monument, the size of which shall be determined by cemetery staff, located in the center of the Urn Garden. The purpose of this monument shall be for the inscription of names of deceased clientele whose cremains have been dispersed elsewhere. No cremains shall be dispersed on any city of Sumner Cemetery property. The inscriptions shall consist of the full name of the deceased only and shall be limited to 20 characters, including spaces. No other inscriptions shall be allowed on this monument. (Ord. 1630 § 1, 1994)
8.04.286 Plot, inscription, and service charges – Urn Garden, Block 219.
Repealed by Ord. 2208. (Ord. 1900 § 1, 1999: Ord. 1818 § 7, 1997: Ord. 1630 § 2, 1994)
8.04.290 Price of graves – Service charges.
Price of graves:
Plots
Pioneer
$1,850
Flat
$1,850
Raised 208 & 223
$3,400
Raised 301
$5,000
Estate 300
$28,000
Lawn Crypt
$2,700
Baby Land
$300
Urn Garden
$630
Companion Urn Garden
$3,200
Glass Front Niche
$1,900 – $6,300
Granite Front Niche
$1,450 – $1,700
Bronze Front Niche
$175 – $350
Granite Niche Wall
$1,895 – $2,695
Crypts
$4,200 – $5,900
Extended Land Use
30% of Plot Price
Extended Niche Use
30% of Niche Price
Open/Close
Adult Liner
$850
Vault Install
$200
Lawn Crypt
$900 per Burial
Baby Land
$250
Cremains
$425
Niche
$375
Urn/Urn Vault Install
$100
Crypts
$600 – $675
Overtime
Weekdays
$125 per Hour
Saturday
$425
Holiday
$820
Disinterment
Adult Liner
$2,000
Adult Vault
$2,500
Lawn Crypt Upper
$2,000
Lawn Crypt Lower
$4,000
Baby Land
$750
Crypts
$1,500 – $2,000
Disinurnment
Cremains
$700
Niches
$375
Services
Committal Service
$200
View Only Burial
$130
Setting
Flush
$250
Raised
$375
Vase
$60
Resetting
Flush
$150
Raised
$300
Miscellaneous
Recording Fee
$25
Title Transfer
$50
Geneology
$25
NSF Check
$40
(Ord. 2215 § 1, 2007; Ord. 2208 § 2, 2007)
8.04.292 Price adjustments.
A. When the wholesale price of box liners, vases and other retail products increases, the cemetery clerk shall present proof of the price increase to the city administrator for approval. Upon approval by the city administrator, the previous prices shall automatically increase by the same amount.
B. On September 1st of each year, the prices for mausoleums, crypts and niches shall be adjusted according to the Seattle Consumer Price Index. (Ord. 1445 §§ 2, 3, 1989)
8.04.294 Earth burial of ashes.
An extended land use charge shall be made for earth burial of ashes on pre-existing graves. The charge shall be 30 percent of the current plot price, which shall be equally divided between the cemetery endowment fund and the cemetery development fund. The scattering of human cremated remains in the Sumner Cemetery shall be prohibited. (Ord. 1445 § 4, 1989)
8.04.296 Additional charges when services not prepaid.
An additional charge of $100.00 shall be made for services to estates where payment in full is not received prior to the performance of the services. In the event payment in full for the services is received within 30 days from the date that the services were performed, then the $100.00 shall be refunded. (Ord. 1445 § 5, 1989)
8.04.300 Billing.
Bills due to the city, for labor and materials supplied, are a lien on the lot until paid. (Ord. 378 § 25 (part), 1928. Prior code § 10.02.290 (part))
8.04.310 Visitors.
A. Visitors must keep to the walks or drives and must not cross over or trespass on any lot or grave not their own.
B. Picking flowers, breaking or injuring trees or shrubs or in any way injuring any monument or headstone is prohibited and liable to severe penalty according to the state law.
C. If anything is placed on a grave which is deemed improper, it will be removed. Patrons are requested not to offer money to workmen. (Ord. 378 § 25 (part), 1928. Prior code § 10.02.290 (part))
Chapter 8.08
FIREWORKS2Sections:
8.08.010 Applicability.
8.08.020 Statutory implementation.
8.08.030 Definitions.
8.08.040 Dangerous fireworks.
8.08.050 Period and time of sale.
8.08.060 Discharge restrictions.
8.08.070 Sale permit – Required.
8.08.080 Sale permit – Fee.
8.08.090 Sale permit – Number – Eligibility.
8.08.100 Sale permit – Competing applications.
8.08.110 Sale permit – Entitlement.
8.08.120 Sale permit – Application.
8.08.130 Sale permit – Issuance.
8.08.140 Temporary stands – Required for sale.
8.08.150 Temporary stands – Standards.
8.08.160 Revocation of permit.
8.08.170 Violation – Penalty.
8.08.010 Applicability.
The provisions of this chapter shall apply to the sale of all common fireworks, as defined by RCW 70.77.136. (Ord. 1332 § 13, 1986)
8.08.020 Statutory implementation.
This chapter is intended to implement Chapter 228, Laws of 1961 of the state of Washington, as amended, and shall be construed in connection with said law and any rules or regulations issued pursuant thereto. (Ord. 1332 § 14, 1986)
8.08.030 Definitions.
For the purpose of this chapter:
A. “Fireworks” shall have the meaning as set forth in RCW 70.77.126, 70.77.131 and 70.77.136.
B. “Person” shall have the meaning as set forth in RCW 70.77.190.
C. “Licensee” shall have the meaning as set forth in RCW 70.77.175. (Ord. 1332 § 1 (part), 1986)
8.08.040 Dangerous fireworks.
It is unlawful for any person to sell, possess, use or explode any dangerous fireworks within the city. Any item of fireworks which is not classified as common fireworks as defined by RCW 70.77.136 shall be deemed dangerous and is prohibited by this chapter unless a permit has been obtained for an exhibition display. (Ord. 1332 § 3, 1986)
8.08.050 Period and time of sale.
No person shall sell at retail or offer for sale any fireworks authorized to be sold herein within the city, except from noon on June 28th to noon on July 6th of each year. No common fireworks may be sold between the hours of 11:00 p.m. and 9:00 a.m. (Ord. 1332 § 4, 1986)
8.08.060 Discharge restrictions.
No person shall use or explode any fireworks within the city except from noon on June 28th to noon on July 6th of any year. No fireworks shall be discharged between the hours of 11:00 p.m. and 9:00 a.m. No fireworks shall be discharged in a street or on any public property; provided, that these prohibitions shall not apply to duly authorized public displays where the same are authorized pursuant to the laws of the state of Washington. (Ord. 1332 § 5, 1986)
8.08.070 Sale permit – Required.
It is unlawful for any person to engage in the retail sale or to sell any fireworks within the city without first having obtained a retail fireworks stand permit pursuant to the provisions of this chapter. (Ord. 1332 § 1 (part), 1986)
8.08.080 Sale permit – Fee.
The annual permit fee for the sale of such
fireworks as may be authorized hereunder, or may be authorized by the provisions of the laws of the state of Washington, shall be $30.00 per year payable in advance. (Ord. 1332 § 2, 1986)
8.08.090 Sale permit – Number – Eligibility.
No one organization shall receive more than one permit for the sale of fireworks during any one calendar year. The maximum number of permits which may be issued pursuant to this chapter shall not exceed one permit for each 3,000 residents of the city, or a fraction thereof, according to the last official census or the last estimate of the state census board. (Ord. 1332 § 6, 1986)
8.08.100 Sale permit – Competing applications.
In the event there are more applications for the permits to be issued under SMC 8.08.090 than there are permits available, then permits shall be granted in the following manner:
A. Any person, firm or corporation having been issued a permit for the year prior to the making of the application shall be given preference over applicants for a permit by persons not having previously received a permit; provided, that if the applicant fails to make application by the third Monday in April, the preference shall not apply.
B. Any permits remaining shall be granted to those first applying therefor who meet all the necessary qualifications and requirements. (Ord. 1332 § 7, 1986)
8.08.110 Sale permit – Entitlement.
A permit granted pursuant to this chapter shall entitle the person to maintain only one retail outlet. All permits issued pursuant thereto shall be used only by the designated person and shall be nontransferable. Any transfer or purported transfer of such a permit shall be deemed a violation of this chapter. (Ord. 1332 § 8, 1986)
8.08.120 Sale permit – Application.
The application, as provided by the state, for a permit shall be submitted by applicants after the first of April and received on or before the third Monday in April of each year. All applications shall be accompanied by the permit fee of $30.00 which shall be returned to the applicant in the event a permit is not granted. All applicants shall be notified by the clerk-treasurer of the granting or rejection of their application for a permit on or before the first Monday of May of each calendar year. (Ord. 1332 § 9, 1986)
8.08.130 Sale permit – Issuance.
A permit for the sale of fireworks shall be issued only upon the following terms and conditions:
A. The applicant shall have a valid license issued by the state of Washington authorizing the holder thereof to engage in the fireworks business.
B. The applicant shall own or have the right to possess a temporary fireworks stand complying with the standards hereinafter set forth for temporary fireworks stands.
C. The applicant shall procure and maintain a policy or policies of public liability and property damage insurance in a company or companies approved by the city in the following amounts:
1. $100,000 or more for injuries to any one person in one accident or occurrence; $300,000 or more for injuries to more than two persons in any one accident or occurrence; $50,000 for damages to property in any one accident or occurrence.
2. All policies of insurance shall designate the city of Sumner as an additional insured thereunder.
D. The location of the temporary fireworks stand shall be only in those areas or zones within the city of Sumner wherein commercial activities are authorized under the applicable zoning laws of the city of Sumner; provided, that the sale of common fireworks shall not be deemed an enlargement of an existing nonconforming use; and provided further, that no fireworks shall be sold in any residential area where a commercial enterprise does not exist.
E. The applicant shall post with the city of Sumner a performance bond or cash deposit in the amount of $100.00, conditioned upon the prompt removal of the temporary stand and the cleaning up of all the debris from the site of the temporary stand, which deposit shall be returned to the applicant only in the event that he removes said temporary stand and cleans all debris to the satisfaction of proper officials of the city of Sumner. In the event of his failure so to do, said performance bond or cash deposit shall be forfeited to the city of Sumner. In no event shall the applicant be entitled to the return of said performance bond or cash deposit if he has failed to remove the temporary stand and clean up all debris by July 10th of each year. (Ord. 1332 § 10, 1986)
8.08.140 Temporary stands – Required for sale.
All common fireworks shall only be sold from temporary stands. (Ord. 1332 § 11, 1986)
8.08.150 Temporary stands – Standards.
The temporary stands of all persons shall conform to following minimum standards and conditions:
A. Temporary fireworks stands need not comply with all provisions of the building code of the city of Sumner; provided, however, that all such stands shall be erected under the supervision of the building inspector of the city of Sumner, or his duly authorized representative, who shall require all stands to be constructed in a safe manner, ensuring the safety of attendants and patrons. In the event that any temporary stand is wired for electricity, then the wiring shall conform to the electrical code of the city of Sumner.
B. No temporary fireworks stand shall be located within 20 feet of any other building or structure, nor within 50 feet of any gasoline station, oil storage tank, or premises where flammable liquids are kept or stored, nor within 600 feet of any other temporary fireworks stand.
C. Each temporary fireworks stand must have at least two exits, which shall be unobstructed at all times.
D. Each temporary fireworks stand shall have in a readily accessible place a fire extinguisher duly approved by the fire chief of Pierce County Fire Protection District No. 22 (EPFR), or his duly authorized representative.
E. All weeds, grass and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area within a distance of not less than 20 feet, measured from the exterior walls on each side of the temporary fireworks stand.
F. No smoking shall be permitted in or near a temporary fireworks stand, and the same shall be posted with proper “No Smoking” signs, the lettering of which shall be at least two inches in height and such signs shall be posted on all four sides of the stand.
G. Each temporary fireworks stand shall have an adult in attendance at all times. No child or children under the age of 14 years shall be allowed inside any temporary fireworks stand.
H. All unsold stock and accompanied litter shall be removed from the temporary fireworks stand by noon on July 7th of each year.
I. That all common fireworks shall be removed from the stand between the hours of midnight and 8:00 a.m. during the days authorized under SMC 8.08.050. (Ord. 2200 § 6, 2007; Ord. 1332 § 12, 1986)
8.08.160 Revocation of permit.
In addition to all the grounds for revocation of permits set forth in the general provisions of this chapter, any failure or refusal on the party of a person to obey any rule, regulation or request of the fire chief of Pierce County Fire Protection District No. 22 (EPFR) concerning the sale of fireworks shall be grounds for the revocation of a fireworks permit. (Ord. 2200 § 7, 2007: Ord. 1332 § 15, 1986)
8.08.170 Violation – Penalty.
Any knowing violation of the provisions of this chapter or any knowing failure to comply with the requirements of this chapter shall be a misdemeanor and any person found guilty thereof shall be punished by a fine not to exceed $1,000 or imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1332 § 16, 1986)
Chapter 8.12
LITTERSections:
8.12.010 Definitions.
8.12.020 Littering.
8.12.030 Placing litter in receptacles.
8.12.040 Sweeping litter into gutters.
8.12.050 Merchants to keep sidewalks free of litter.
8.12.060 Litter thrown from person in vehicle.
8.12.070 Truck loads causing litter.
8.12.080 Litter in parks.
8.12.090 Litter in lakes and fountains.
8.12.100 Handbills – Throwing or distributing in public places.
8.12.110 Handbills – Placing on vehicles.
8.12.120 Handbills – Vacant premises.
8.12.130 Handbills – Posted premises.
8.12.140 Handbills – Proper distribution.
8.12.150 Dropping litter from aircraft.
8.12.160 Posting notices prohibited.
8.12.170 Litter on private property.
8.12.180 Owner to maintain premises.
8.12.190 Litter on vacant lots.
8.12.200 Notice to clean up – Cleanup by city.
8.12.210 Alternative collection of costs.
8.12.220 Violation – Penalty.
8.12.010 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
A. “Aircraft” means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. “Aircraft” includes helicopters and lighter-than-air dirigibles and balloons.
B. “Authorized private receptacle” is a litter and storage and collection receptacle as required and authorized in Chapter 13.12 SMC.
C. “City” means the city of Sumner.
D. “Commercial handbill” means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
1. Which advertises for sale any merchandise, product, commodity, or thing; or
2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
3. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of the city; or
4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
E. “Garbage” means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
F. “Litter” means “garbage,” “refuse” and “rubbish” as defined in this section and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety and welfare.
G. “Newspaper” means any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
H. “Noncommercial handbill” means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
I. “Park” means a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.
J. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
K. “Private premises” means any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
L. “Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
M. “Refuse” means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles and solid market and industrial wastes.
N. “Rubbish” means nonputrescible solid wastes consisting of both combustible or noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
O. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 1299 § 2, 1985)
8.12.020 Littering.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection. (Ord. 1299 § 3, 1985)
8.12.030 Placing litter in receptacles.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 1299 § 4, 1985)
8.12.040 Sweeping litter into gutters.
No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalks or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free from litter. (Ord. 1299 § 5, 1985)
8.12.050 Merchants to keep sidewalks free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 1299 § 6, 1985)
8.12.060 Litter thrown from person in vehicle.
No person while a driver or a passenger in a vehicle shall throw or deposit litter upon any street or other public place within the city, or upon private property. (Ord. 1299 § 7, 1985)
8.12.070 Truck loads causing litter.
No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. (Ord. 1299 § 8, 1985)
8.12.080 Litter in parks.
No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed elsewhere as provided in this chapter. (Ord. 1299 § 9, 1985)
8.12.090 Litter in lakes and fountains.
No person shall throw or deposit litter in any fountain, pond, lake, river, stream, or any other body of water in a park or elsewhere within the city. (Ord. 1299 § 10, 1985)
8.12.100 Handbills – Throwing or distributing in public places.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalks, street, or other public place within the city. Nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalks, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. 1299 § 11, 1985)
8.12.110 Handbills – Placing on vehicles.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 1299 § 12, 1985)
8.12.120 Handbills – Vacant premises.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 1299 § 13, 1985)
8.12.130 Handbills – Posted premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 1299 § 14, 1985)
8.12.140 Handbills – Proper distribution.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon any private premises which are inhabited, except by handling or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. Exemption for mail and newspapers: The provisions for this section shall not apply to distribution of mail by the United States, nor to newspapers as defined in SMC 8.12.010, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property. (Ord. 1299 § 15, 1985)
8.12.150 Dropping litter from aircraft.
No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (Ord. 1299 § 16, 1985)
8.12.160 Posting notices prohibited.
No person shall post or fix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. 1299 § 17, 1985)
8.12.170 Litter on private property.
No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Ord. 1299 § 18, 1985)
8.12.180 Owner to maintain premises.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, this section shall prohibit the storage of litter in authorized private receptacles for collection. (Ord. 1299 § 19, 1985)
8.12.190 Litter on vacant lots.
No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not. (Ord. 1299 § 20, 1985)
8.12.200 Notice to clean up – Cleanup by city.
A. Notice to Remove. The building official or such other person as may be designated by the mayor is authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his last known address.
B. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in subsection A of this section, or within 15 days after the date of such notice in the event the same is returned to the city post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the building official or such other person as may be designated by the mayor is authorized and empowered to pay for the disposing of such litter or to order its disposal by the city.
C. Charge Included in Tax Bill. When the city has effected the removal of such litter or has paid for its removal, the actual costs thereof plus accrued interest at the rate of eight percent per annum from the date of the completion of work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Pierce County assessor and the charge shall be due and payable by said owner at the time of payment of such bill. The Pierce County assessor or his delegate is hereby authorized and directed to include any such charge in the next regular tax bill following incurring of the charges and to collect said charges in the same manner as other taxes levied upon real property.
D. Recorded Statement Constitutes Lien. Where the full amount due the city is not paid by such owner within 30 days after the disposal of such litter, as provided for in subsections A and B of this section, then, and in that case, the building official, or such other person as may be designated by the mayor, shall cause to be recorded in the office of the finance director a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recording of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further shall be subject to a delinquent penalty of eight percent in the event the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (Ord. 1299 § 21, 1985)
8.12.210 Alternative collection of costs.
In addition to, or in lieu of the provisions in SMC 8.12.200, the city may, at its option, commence a civil action in any court of competent jurisdiction to collect for any charges incurred by the city for removal of litter as provided in SMC 8.12.200. (Ord. 1299 § 22, 1985)
8.12.220 Violation – Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $1,000. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section. (Ord. 1299 § 23, 1985)
Chapter 8.16
NUISANCESSections:
8.16.010 Construction.
8.16.020 Definitions.
8.16.030 Public nuisances declared.
8.16.035 Graffiti – Public nuisance.
8.16.040 Prohibited conduct.
8.16.050 Enforcement notice.
8.16.060 Abatement by city.
8.16.070 Abatement by owner or other responsible person.
8.16.080 Summary abatement.
8.16.090 Violation – Penalty.
8.16.100 Remedies not exclusive.
8.16.010 Construction.
This chapter shall be deemed an exercise of the police power of the city and is deemed necessary for the continued peace, health and welfare of the city. Therefore, all of its provisions shall be liberally construed for the accomplishment of such purposes. (Ord. 1392 § 1, 1987)
8.16.020 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
A. “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.
B. “Building materials” means and includes lumber, plumbing materials, wall board, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials.
C. “Considerable number of persons” means three or more persons from different households.
D. “Enforcement officer” means the building official of the city of Sumner, or his designee.
E. “Person” means and includes natural persons of either sex, firms, copartnerships and corporations, and all associations of natural persons, whether acting by themselves or by a servant or employee.
F. “Premises” means any building, lot, parcel, real estate or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
G. “Property” means any object of value that a person may lawfully acquire and hold.
H. “Public nuisance” means a thing, act, omission to act, occupation or use of property which:
1. Annoys, injures or endangers the comfort, repose, health or safety of the public;
2. Offends public decency;
3. Unlawfully interferes with, obstructs, or renders dangerous for passage any stream, river, channel, public park, square, street, alley, highway or sidewalk; or
4. In any way renders the public insecure in life or use of property.
I. “Responsible person” means any agent, lessee, owner or other person occupying or having charge or control of any premises. (Ord. 1392 § 2, 1987)
8.16.030 Public nuisances declared.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises, the officer may require or provide for the abatement thereof pursuant to this chapter: the erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, avenue, alley, park, parkway or other public or private place in the city, of any one or more of the following places, conditions, things or acts to the prejudice, danger or annoyance of others:
1. Accumulations of manure or rubbish, except a compost pile so covered or concealed as not to affect the health, safety or depreciation of adjoining property;
2. Burning or disposal of refuse, sawdust or other material in such a manner as to cause or permit ashes, sawdust, soot or cinders to be cast upon the streets or alleys of the city, or to cause or permit dense smoke, noxious fumes, ashes, soot or gases arising from such burning to become annoying or injurious to the health, comfort or repose of the general public;
3. Carcasses of animals not buried or destroyed within 24 hours after death;
4. Ponds or pools of stagnant water,
5. All snow and ice not removed from public sidewalks within a reasonable time after the snow and ice have ceased to be deposited thereon;
6. All limbs of trees overhanging a public sidewalk which are less than 10 feet above the surface of such sidewalk, or overhanging a city street which are less than 12 feet above the surface of such street;
7. The existence of any vines or climbing plants growing into or over any street, public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto; or obstruct or interfere with the proper diffusion of the light from any street lamp;
8. Any use of property abutting on a public street or sidewalk or any use of public street or sidewalk which causes any obstructing of traffic and the free use of the streets or sidewalks; provided, that this subsection shall not apply to events, programs or parades authorized by the city council;
9. Any poisonous or harmful substance which is reasonably accessible to persons or to animals;
10. The keeping, using or maintaining of any pen, stable, lot, place or premises in which any hog, sheep, goat, cattle, mink, fox, chinchilla, nutria, or fowl or any other animal or bird may be confined or kept, in such a manner as to be noxious, foul or offensive to any considerable number of persons;
11. The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking or the making of other noises, or the keeping or harboring of any fowl which by frequent habitual crowing or the making of other noises, annoys or disturbs any considerable number of persons;
12. All unused, abandoned or discarded refrigerators, ice boxes or like containers which are left in any place exposed or accessible to children;
13. The existence of any dead, diseased, infested or dying tree that may constitute a danger to property or persons;
14. All shrubs, bushes, trees or vegetation which has grown and died and which is a fire hazard;
15. All grass and/or weeds which exceed 12 inches in height in a nonagricultural use;
16. The existence of caterpillar infestations or other horticultural pests;
17. Premises overgrown with blackberry vines;
18. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway, or other public place which is open to travel, of any hay, straw, grass, grass clippings, paper, wood, boards, boxes, leaves, manure or other rubbish or material;
19. The storage or keeping on any premises for more than 60 days of any used or unused building materials, without a special permit from the building official; providing that nothing herein shall:
a. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion,
b. Prohibit such storage without a permit on the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable ordinances, or
c. Make lawful any such storage or keeping when it is prohibited by any other ordinances or laws;
20. The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;
21. The existence of any drainage onto or over any sidewalk or public pedestrian way;
22. Privies, vaults, cesspools, sumps, pits, or like places which are not securely protected from flies or rats, or which are foul or malodorous;
23. Any tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire, pipe, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all other trash or abandoned material, unless the same is kept in covered bins or metal receptacles approved by the building official;
24. Any trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin, pipe and other metal not neatly piled;
25. Any unsightly and dangerous building, billboard or other structure, or any old, abandoned or partially destroyed building or structure, or any building or structure commenced and left unfinished;
26. All places not properly fenced which are used or maintained as junkyards or dumping grounds, or for the wrecking, disassembling, repair or rebuilding of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others;
27. Deposit, keep or leave or permit to be deposited, kept or left in any place accessible to children, or in any place viewable from a public street or alley, any abandoned, unused, nonrunning or discarded automobile, truck or other such vehicle, or any vehicle hulk or any part thereof. For the purposes of this subsection “abandoned, unused, nonrunning” refers to a vehicle which is not movable under its own power and which has been in a stationary position for more than 14 days;
28. Repair of an automobile, truck or other motor vehicle of any kind upon the public streets, alleys or other public property of the city;
29. Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or fowl, butcher’s trimmings and offal, or any waste vegetable or animal matter in any quantity, garbage, human excreta or other offensive substance; provided, nothing contained in this chapter shall prevent the temporary retention of waste in receptacles in the manner approved by the building official of the city;
30. The erection, continuance or use of any building, room or other place in the city for the exercise of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive odors or other annoyances, is discomforting or offensive or detrimental to the health of individuals or of the public;
31. The playing or causing to be played, in front of any building where any show, moving picture exhibition or theatrical performance is given, or in the open vestibule or area of any building, of any automatic or mechanical musical instrument for the attraction of customers;
32. Making, causing or permitting to be made by means of any speaker or other sound-amplifying device, or horn or other mechanical device, or by outcry, loud speaking, singing or by any other means of discordant and unnecessary noise of any kind which annoys any considerable number of persons lawfully in the immediate area;
33. Any unguarded or abandoned excavation, pit, well or holes which would endanger safety. (Ord. 1392 § 3, 1987)
8.16.035 Graffiti – Public nuisance.
A. Definitions.
1. “Abate” means to remove the graffiti by such means, in such a manner and to such an extent and within the time frame as the enforcement officer, as defined in SMC 8.16.020(D), reasonably determines is necessary to remove the graffiti from public view.
2. “Graffiti” means any unauthorized writing, painting, drawing, inscription, figure, or mark of any type that has been placed upon any property through the use of paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking property.
3. “Graffiti nuisance property” means property upon which graffiti has not been abated after the abatement date established by the enforcement officer.
4. “Owner” means any entity or entities having a legal or equitable interest in real or personal property including but not limited to the interest of a tenant or lessee.
5. “Premises open to the public” means all public spaces, including, but not limited to, streets, alleys, sidewalks, parks, and public open space, as well as private property onto which the public is regularly invited or permitted to enter for any purpose, the doorways and entrances to those buildings or dwellings, and the grounds enclosing them.
6. “Property” means any real or personal property and that which is affixed, incidental or appurtenant to real property, including but not limited to any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.
7. “Responsible party” means an owner, or an entity or person acting as an agent for an owner by agreement, who has authority over the property or is responsible for the property’s maintenance or management. Irrespective of any arrangement to the contrary with any other party, each owner shall always be a responsible party for the purposes of this chapter. There may be more than one responsible party for a particular property.
8. “Unauthorized” means without the consent of a responsible party.
B. Violation.
1. Any property located in the city of Sumner that becomes a graffiti nuisance property is in violation of this chapter and is subject to its remedies.
2. Every responsible party who permits a property to become a graffiti nuisance property is in violation of this chapter and subject to its remedies.
C. Penalty. Violation of any of the provisions of this section is a Class 1 civil infraction, with a maximum penalty and default amount of $250.00, not including statutory costs and/or assessments. Each day that the violation continues or exists constitutes a separate violation.
D. Removal of Graffiti. Notwithstanding the remedies available under this chapter, whenever graffiti exists upon the property owned by a public agency, or a private property owner, the city may remove it with the consent of the public entity or private property owner owning such property. However, nothing in this chapter imposes a duty on the city to abate any nuisance graffiti on any property other than that which is owned and controlled by the city. (Ord. 2250 § 1, 2008)
8.16.040 Prohibited conduct.
It is unlawful for any responsible person or owner to create, permit, maintain, suffer, carry on or allow, upon any premises, any of the acts or things declared by this chapter to be a public nuisance. (Ord. 1392 § 4, 1987)
8.16.050 Enforcement notice.
The enforcement officer, upon receipt of a written complaint of any public nuisance, shall
cause any owner or other responsible person to be notified of the existence of a public nuisance on any premises and shall direct the owner or other responsible person to abate the condition within 10 calendar days after notice, or other reasonable period. The notice shall be substantially in the following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
(Name and address of person notified)
As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at ___________, you are hereby notified that the undersigned pursuant to Ordinance No. ____ of the City of Sumner has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection ____ of Ordinance No. ________:
You are hereby notified to abate said condition to the satisfaction of the undersigned within 10 days of the date of this notice. If you do not abate such condition within ten (10) days the city will abate the condition at your expense.
Abatement is to be accomplished in the following manner:
Dated:_________________________
(Name of enforcement officer)
By____________________________
(Ord. 1392 § 5, 1987)
8.16.060 Abatement by city.
In all cases where the enforcement officer has determined to proceed with abatement, 10 days after giving notice the city shall acquire jurisdiction to abate the condition at the person’s expense as herein provided. Upon the abatement of the condition or any portion thereof by the city, all the expenses thereof shall constitute a civil debt owing to the city jointly and severally by such of the persons who have been given notice as herein provided. The debt shall be collectible in the same manner as any other civil debt owing to the city. The city shall also have the right to file a lien against the real property for all charges and expenses incurred in abating the nuisance. A notice of the city’s lien specifying the expenses incurred in abating the nuisance and giving the legal description of the premises sought to be charged shall be filed with the county auditor within 90 days from the date of the abatement and the same may at any time thereafter be collected in the manner provided for foreclosure of mechanic’s liens under the laws of the state of Washington. (Ord. 1478 § 1, 1990: Ord. 1392 § 6, 1987)
8.16.070 Abatement by owner or other responsible person.
If and when an owner or other responsible person undertakes to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to abatement. (Ord. 1392 § 7, 1987)
8.16.080 Summary abatement.
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall be collected as provided in SMC 8.16.060. (Ord. 1478 § 2, 1990: Ord. 1392 § 8, 1987)
8.16.090 Violation – Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $1,000, or by imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1392 § 9, 1987)
8.16.100 Remedies not exclusive.
The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law. (Ord. 1392 § 10, 1987)
Chapter 8.20
ABANDONED WOODEN BUILDINGSSections:
8.20.010 Defined.
8.20.020 Securing against entry.
8.20.030 Notice to secure.
8.20.040 Destruction for noncompliance.
8.20.010 Defined.
For the purpose of this chapter, “abandoned wooden building” means any wooden edifice which is unoccupied and which is not secured against entry or occupation by casual persons having no right of entry or occupation thereof. (Ord. 619 § 1, 1957. Prior code § 7.04.010)
8.20.020 Securing against entry.
Any person who owns an abandoned wooden building and fails to secure it against unauthorized entry or occupation shall be deemed guilty of a misdemeanor and be subject to a fine of not less than $5.00. (Ord. 619 § 2, 1957. Prior code § 7.04.020)
8.20.030 Notice to secure.
The clerk-treasurer shall serve or cause to be served upon the owner of any abandoned wooden building, or in default of personal service if the owner cannot be found, shall post or cause to be posted on the abandoned wooden building, notice to the effect that unless the building is properly secured against entry or occupation by casual persons having no right of entry or occupation thereof within 30 days after the service or first posting of the notice, the date of which first posting shall be included in said notice, clerk-treasurer will direct the chief of police to tear down and remove the building. (Ord. 619 § 3, 1957. Prior code § 7.04.030)
8.20.040 Destruction for noncompliance.
It shall be the duty of the chief of police at any time after 30 days after service of the hereinbefore described notice upon the owner of an abandoned wooden building, of which the affidavit of the clerk-treasurer shall be warrant to him or at any time after 30 days after the posting of notice on the building as provided in this chapter, of which the chief of police’s affidavit shall be warrant to tear down and remove the building. (Ord. 619 § 4, 1957. Prior code § 7.04.040)
Chapter 8.36
NOXIOUS WEEDS(Repealed by Ord. 1969)
Chapter 8.40
RATSSections:
8.40.010 Compliance required.
8.40.020 Prevention of building entry.
8.40.030 Cleanliness and sanitation of buildings.
8.40.040 Traps.
8.40.050 Poisons.
8.40.060 Food protection.
8.40.070 Slaughterhouse protection.
8.40.080 Right of entry for inspection.
8.40.090 Violation – Penalty.
8.40.010 Compliance required.
It is unlawful for any person to keep, store or expose for sale, any food products or other goods, or to occupy or maintain any building, storeroom or warehouse or to reside in any residence without complying with the provisions of this chapter. (Ord. 914 § 1, 1970. Prior code § 7.12.010)
8.40.020 Prevention of building entry.
All basements and walls of all buildings, storerooms, warehouses and residences within the city shall be so constructed or repaired by the use of screens, nettings, cement or other materials approved by the Pierce County director of health and/or the city health officer as to prevent rats from gaining entrance to or harboring beneath them. (Ord. 914 § 2, 1970. Prior code § 7.12.020)
8.40.030 Cleanliness and sanitation of buildings.
All buildings, storerooms, warehouses and residences within the city shall be forthwith placed in a clean and sanitary condition and rendered free from rats. It shall be the duty of the owner, lessee or occupant thereof to take all necessary steps to that end. (Ord. 914 § 3, 1970. Prior code § 7.12.030)
8.40.040 Traps.
All buildings, storerooms, warehouses and residences shall be provided by the owner, lessee or occupant thereof with such number of rat traps of a pattern approved by the Pierce County director of health and/or the city health officer as may be ordered by the director of health and/or the city health officer and shall be inspected by the owner, lessee or occupant daily and any rat or rats caught therein shall be removed therefrom. (Ord. 914 § 4, 1970. Prior code § 7.12.040)
8.40.050 Poisons.
Poisons, suitable for the extermination of rats, will be placed at or in buildings, storerooms, warehouses and residences when the Pierce County director of health and/or the city health officer determines that a need exists for the placing of such poisons. It shall be the duty of each owner, lessee, or occupant of such building, storeroom, warehouse or residence to comply with all orders and directives of the Pierce County director of health and/or the city health officer regarding the placing of poisons and the type to be used. (Ord. 914 § 5, 1970. Prior code § 7.12.050)
8.40.060 Food protection.
All food products or other goods, whether kept for sale or for any other purpose, shall be so protected as to prevent rats from gaining access thereto or coming in contact therewith. (Ord. 914 § 6, 1970. Prior code § 7.12.060)
8.40.070 Slaughterhouse protection.
All slaughterhouses in the city shall be so protected by wire screens or netting or cement, as to prevent rats from gaining access to the building or buildings thereof and all holes and openings in the building or basement walls shall be thoroughly stopped with cement, or other approved material and all food products stored in slaughterhouses shall be so kept as to prevent rats from gaining access thereto or coming in contact therewith. (Ord. 914 § 7, 1970. Prior code § 7.12.070)
8.40.080 Right of entry for inspection.
The city health officer, the Pierce County director of health and all inspectors or employees thereof shall at all reasonable times have and be granted access to any building, storeroom, warehouse or residence for the purpose of inspecting same and of ascertaining whether the provisions of this chapter have been complied with. (Ord. 914 § 8, 1970. Prior code § 7.12.080)
8.40.090 Violation – Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000. (Ord. 1302 § 1, 1985: Ord. 914 § 10, 1970. Prior code § 7.12.100)
Footnotes
1For provisions of state law on health and safety generally, see Title 70 RCW.
2For statutory provisions regarding fireworks, see chapter 70.77 RCW. For the specific statute granting limited power to municipalities for local regulation, see RCW 70.77.100.
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