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Home My WebLink About1712 Ordinance11712 ORDINANCE :NO.. AN ORDINANCE RELATING TO OBSCENE MATERIALS , AME'ND'ING PASCO MUNICIPAL CODE CHAPTER 9.14 BY AMENDING CHAPTERS 9.14. 010 AND 9.14.0'20 ANDAMENDING ORDINANCE NO. 1603. WHEREAS,. the cons titutionAl tests and definitions of 'the term "obscen ''ty" have beenaltered' and modified by court decisions since the la_,st revision of this Chapter of the Pasco Municipal Code; and WHEREAS, the City of Pasco desires to meet allconstitutional standards• in defining obscene materials; 'NOW., 'THEREFORE THE' CITY COUNCIL OF THE CITY OF .PAS'C:O DO ORDAIN AS FOLLOWS'; Section 1. Pasco Municipal Code Chapter 9.14 and ,Ordinance No. 1603, are hereby amended byamendingChapter 9..14.010 as follows,-: 1�9 .14..0'1.0 D_ISPLAY,, DISTRIBUTION OR SALE IE, is unlawful for any pers on :.firm or° corpora` -ion 'to srell , di's tribu to exhibit or dis - play for sale or distribution or to show or display for a price, any obscene material within any public place in the City of 'Pa•sco. " Section 2. Pasco Municipal .Code Gha.p er 9t-.114 and' Ordinance. No. 1603 are hereby amended by amending .Chapter 9.14.020 as follows:: "9.14.020 OBSCENE; MATERIAL DEFINED,,. As used in this chapter, 'obscene material' includes but isnot limited to: Stage perform- ances, movie theaters, motion pictures of every size, photographs, pictures, books, newspapers, magazines,• printed' materials, billboards, and other objects or things, 'the; dominant theme of which, 1:) the average person, applying contemporary communi`ty s,ta_ndar.ds would -find,. taken as a whole, appeals; to the prurient interest in sex;' 2;) and depicts or de scribes in a patently offensive way any of the following sexual conduct -- representations or descriptions of ultimate sexual 'acts, normal or perverted., actual or simulated; representations or descriptions of masturbation, excretory functions, or lewd, exhibitions :of the genitals; representaitions or' descriptions of: more than two persons-engarging in sex-a.t, the same time; 'repres'entations or des'crip'tions of fellatio., cunnilingus or use of mechanical devices in sexual activity; 3) "and, the work., taken as a whole, lacks serious literary, artistic, political, or scientific value.. " Section 3. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED as6 provided 'by law' this day of: 114Y 1975. Donald D. Linton, Mayor Ledo E,. Olney, City Clerk Approved' a.s 'toY form: Patrick T. Roach, City Attorney ORDINANCE NO. 1713 AN ORDINANCE OF THE CITY. OF PASCO, WASHINGTON RELATING TO CITY WATER AND SEWER SYSTEM AND AMENDING PASC.O MUNI- CIPAL CODE CHAPTER 13.36 -AND CHAPTER. 13.44, BY AMENDING 13,.:3,6.030 AND 13.44.01.0; (Sec,tions 123 and 131. of Ordinance No. 96,21 .AND BY ADDING CHAPTER 13`: 36: 031 AND CHAPTER 1;3.44.0;11. THE "CITY COUNCIL OY THE CITY OF PASCO DO ORDAIN AS FOLLOWS:. Section 1. Pasco Municipal Code Chapter 13.36.030 (and Section 123 of Ordinance Number 962) be and are, hereby amended to read as follows 13.36.030 Water Main Extensions Inside City. Before any non -budgeted City water main shall be extended to new areas,. 'there shall b'e deposited with the 'City Treasurer an amount suf- ficient to. cover the cost of .such extension and appurtenances;. Said ainount shall be determined by the City Engineer and/or Director of Public Works. The same maybe paid by one or more property owners, on or along such main extension,. Should actual costs upon completion be less than the amount deposited, the difference shall -be refunded. Pro-ra.tion shall be on a front -foot- age basis. In the event, that one or more property owners subscribe to the entire arrfount,necessary to construct such water main extension, end if the -amount so subscribed exceeds the front footage ,pro- ,ra tion charge. against thja property owned .by such subscriber or subscribers, the amount of such over -subscription shall be re- funded as footage pro -rated charges are collected for the other properties; provided the same are paid within a period of eight (8) years from, date of extension, but no refund shall be made on charges paid after a ,period, of eight (8) years . The refund. time limit shall be effective at the pas -sing of this chapter and is not retroactive: The above refund shall, not apply in icase, of sale :of property by owner,, or in case of individual or small. .group who; install sub -standard line at their own expense. All,wa-ter, extensions which feed a fire hydrant shall b.e not less' than six-inch (6") diameter." Section 2. There is hereby added a new Chapter to the Pasco Municipal Code to be numbered 13.36.031 which shall read as follows:. 13.36;.03.'1 Chartres and Refund's on Pre -Existing Extensions. For those main extensions cons trugted. and installed prior to the passage of this C.ha.pter, hook-up charges ',Awnd refunds shall ,be calculated at the 'rate of $4_ 00 per running foot or $2000 per, front foot (that having been the applied rate: for construction and instal- prior nstal-prior to the passage of this Chapter)_." Section 3. Pasco Municipal Code Chapter 13.44:010 (and Section 131 of Ordinance Number 962) be and are hereby amended to read as follows: 13.4.4.010 Charges for Sewer Main Extensions. Be'fore,any non - budgeted City sQWer,,maAn_ia extended, there shall be deposited with the City Treasurer an, amount sufficient to cover the cost of -2- Ordinance N,�.. such extension 'and appurtenanc.es.. Said amount shall `be, de'- termined by the City Engineer. and/or Direc-tor of: Public Works., The same may be paid by one or more property owners, on or along such maj.n extension. Should actual, costs upon comple- tion be less than the amount deposited, the difference shall be refunded. Pro -ration shall be on a front -footage basis. In the event that one or more property owners subscribe t. the entire amount necessary to construct such -sewer extensions and the amount s.o subscribed. exceeds the front=footage pro -ration eharge against the property owned by such subscriber or sub- scribers, the amount of such over -subscription shall be refunded as footage pro -rated charges are collected, for 'the other properties; provided the same are 'paid within a period of `eight (8) yea-rs from date of extension, but no refund shall be made on charge's paid after a period of eight (8) years., The refund time limit shall be effective at the passing of this chapter and is not retroactive. The above refund shall not apply in case of -sale of property by owner,, or in case of individual or small group who install, sub- s;tand'ard linea t their own expense Sub -s tandard extensions referred to above:, - E&L Ue ,mad;e only when in the judgment; of the City Council, the population and sanitary condi- tiaras warrant such extensions. It shall be necessary to have, the Council °approval and terms ,set forth by written agreement,.befbre any exterisions when less than one hundred percent subscription in front footage is paid:, for sub- standard lines, when it is :necessary to have extensions for the good of the, City or when unuaual conditions prevail. Sewer main extensions may also be ac'complishe.d through Local Improvement Dis tricts Section 4i,There is, hereby added anew Chapter to the Pasco Municipal Code to be numbered 13.44. 011 which shall read as follows: "' 13.4.4.011 Charges and Refunds on Pre -Ex `s ting Extensions . For' those main extensions cowl eructed and installed prior to the passage of this Chapter, hook-up charges and refunds s -hall be calculated at the rate of :$4.00 per front -foot (that having been the applied rate for construction and installation prior to the pas- sage of this Chapter.)" Sec ion,'S. This ordi'na'nce shall be;_:in °full fore:e>and. effect after its passage and, pub- lica.tion as required by law. PASSED and APPROVED this 20 day of May 19 75 A ttes t - .. D on a l,d .D . L,i.n ton , 'Mayor Leo E,. Olney, City -Clerk Approved„ a;s, to'for -• Patrick. T. Roach, City Attorney