HomeMy WebLinkAbout4304 OrdinanceORDINANCE NO. 'f �3 6
AN ORDINANCE of the City of Pasco, Washington,
Amending Section 9.60.030 "Specific Nuisances"; Amending
Section 9.60.080 "Penalty for Violation'; Amending Section
9.60.090 "Abatement of Nuisances'; and Amending Section
9.60.120 "Each Day as Separate Offense"
WHEREAS, the City Council of the City of Pasco, Washington, has recognized that
RCW 69.51A.210 enacted as part of the 2015 medical marijuana legislation allows a "qualifying
patient' defined in RCW 69.51A.010(19) to grow in his or her domicile up to four, six, or fifteen
plants, the number depending on the factors identified in that statute; and
WHEREAS, the City Council of the City of Pasco, Washington, recognizes that RCW
69.51A.260(2) states that growing such plants by qualifying patients requires that such plants not
be readily seen by normal unaided vision or readily smelled from a public place or private
property of another housing unit; and
WHEREAS, the City Council of the City of Pasco, Washington, recognizes that RCW
69.51A.010(6) defines "housing unit' as a house, an apartment, a mobile home, a group of
rooms, or a single room that is occupied as separate living quarters, in which the occupants live
and eat separately from any other persons in the building, and which has direct access from the
outside of the building or through a common hall; and
WHEREAS, the City Council of the City of Pasco, Washington, has recognized that
while complying with RCW 69.51A allows qualifying patients the ability to grow their own
marijuana plants in their housing unit, nothing in RCW 69.51A allows for the outdoor growth of
such plants; and
WHEREAS, the City Council of the City of Pasco, Washington, has recognized that to
allow the outdoor growth of such marijuana plants not covered by RCW 69.51A is a public
nuisance to the citizens of Pasco. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. That Section 9.60.030 entitled "Specific Nuisances" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
9.60.030 SPECIFIC NUISANCES. The following specific acts, omissions, places,
conditions, and things are declared to be nuisances: The erecting, maintaining, using, placing,
depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or
premises, or in or upon any sidewalk, street, avenue, alley, park, parkway, or other public or
private place in the City, of any one or more of the following disordered, disturbing, unsanitary,
fly and/or mosquito producing, rat -harboring, disease -causing places, conditions or things, that is
to say:
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - I
1) The keeping or harboring of any dog or cat which by frequent or habitual
howling, yelping or barking annoys or disturbs the comfort or repose of any person or
persons in the vicinity.
2) The keeping of rabbits, chickens, goats, pigs, bees, mules, horses, mink,
dogs, cats, muskrats, or any other animals within the city limits of the city that are of such
nature as to create offensive smells, noises and conditions in the vicinity in which they
are kept.
3) Unnecessary tooting of automobile horns; unnecessarily loud playing
radios in automobiles; or radios, phonographs, televisions or other sound equipment in
other places so as to obstruct the reasonable and comfortable use of the adjoining
property within the corporation limits of the City.
4) Any putrid, unsound, or unwholesome bones, meat, hides, skins, or the
whole or any part of any dead animal, fish, or fowl.
5) Privies, vaults, cesspools dumps, pits or like places which are not securely
protected from flies or rats, or which are foul or malodorous.
6) Filthy, littered or trash -covered cellars, house yards, barnyards, stable
yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings,
alleyways, or premises; or placing, dropping, disposing, throwing away, or otherwise
discarding litter, garbage, refuse, cans, bottles, paper or paper material, metal, organic or
inorganic material, upon property other than in receptacles or areas as designated in
Chapter 6.04.
7) Animal manure in any quantity which is not securely protected from flies
and the elements, or which is kept or handled in violation of any ordinance of the City.
8) Poison oak, poison ivy, or poison sumac (whether growing or otherwise),
liquid household waste, human excreta, garbage, butchers' trimmings and offal, parts of
fish or any waste vegetable or animal matter in any quantity; provided nothing herein
contained shall prevent the temporary retention of waste in receptacles in the manner
approved by the health officer of the City nor the dumping of non-putrifying waste in a
place and manner approved by the health officer;
9) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal
articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken
plaster, automobile bodies and/or parts, and all such trash or abandoned material, unless
the same be kept in covered bins or galvanized iron receptacles approved by the health
officer.
10) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing
cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material,
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 2
lumber not neatly piled, scrap iron, tin and other metal not neatly piled or anything which
may be a fire danger.
11) Any unsightly building, billboard, fence, excavation, or other structure, or
any abandoned or partially destroyed building, fence, excavation or structure, or any
building, fence, excavation or structure commenced and left unfinished.
12) All places used or maintained as junkyards, or dumping grounds, or for the
wrecking or dissembling 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.
13) The act of butchering of any animal or fowl unless such act is performed
within a building or other enclosure which prohibits view or sound of such act from other
private or public property; or to bring any live animal or live fowl to any lot, parcel or
tract of land in any residential district for the purpose of slaughtering or butchering the
animal or fowl; or to engage in the act of slaughtering or butchering any such live animal
in a residential district; or to dry any meat of any animal or fowl unless such act is
performed within a building or enclosure which prohibits the view of such act from other
public or private property.
14) The drying of any clothing, sheets, towels, or other laundry in any yard
area of any property in any residential district of the city on any structure, vegetation or
foliage, except on clotheslines specifically erected for that purpose in the rear yard area
of the property as defined in PMC 22.12.860.
15) Lawns, shrubs, trees or other plantings that have been dead for more than
three frost free months; and any front or rear yard areas on any lot, parcel or tract of land
in a residential district of this city that has become populated with weeds to the extent
that it subjects neighboring residential properties to weed growth.
16) Weeds, noxious weeds, grass, and other vegetation which constitutes a
fire hazard, encroaches on sidewalks or neighboring properties, is damaging public
improvements, impairing the vision of traffic signs or signals, and/or has reached a height
of twelve inches;
17) The possession or storage of marijuana or marijuana -infused products for
personal use in any amount, or for medical use with a state medical license in any amount
greater than allowed by Washington State statutes, or in amounts in violation of any
provision of Washington State statutes.
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 3
18) The indoor production or growing of marijuana or marijuana -infused
products, in any amount without a state medical license, or with a state medical license
and in amounts greater that restrictions placed in Washington State statutes.
19) The indoor storage, production, growing, or any method of use of
marijuana or marijuana products, with or without a state medical license, when any
portion of such activity creates dust, glare, heat, noise, noxious gasses, odor, smoke,
traffic, vibration, or other impacts, or is hazardous due to use or storage of materials,
processes, products or wastes, or when there is any evidence that such activities are
visually observable or recognizable by odor from a public right-of-way or from any other
private property, or when a reasonable person would ascertain that such activities are
taking place.
20) The outdoor storage, production, or growing of mariivana or marijuana
products.
21) The outdoor use of marijuana or marijuana products, with or without a
state medical license, when any portion of such activity creates dust, glare, heat, noise,
noxious gasses, odor, smoke, traffic, vibration, or other impacts, or is hazardous due to
use or storage of materials, processes, products or wastes, or when there is any evidence
that such activities are visually observable or recognizable by odor from a public right-of-
way or from any other private property, or when a reasonable person would ascertain that
such activities are takingip ace. (Ord. 2980, Sec. 1, 1994; Ord. 2274 Sec 1, 1981; Ord.
1972 Sec. 8, 1978; Ord. 1806 Sec. 1, 1976; prior code Sec. 10-4.12.)
Section 2. That Section 9.60.080 entitled "Penalty for Violation" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
9.60.080 PENALTY FOR VIOLATION. Every person who violated any of the
provisions of this chapter has committed a code infraction and shall pay a penalty not to exceed
five hundred €eked fifty dollars.
Any person who violates the provisions of this chapter and permits weeds, noxious
weeds, rubbish, debris or ds, rubbish, debris, or decomposing animal or vegetable matter to
accumulate or remain upon any real property owned or occupied by him or her in the
City so that it shall become a fire hazard or cause or create an unsanitary or unsightly
condition or become injurious or detrimental to the public health or welfare, or who
permits weeds, noxious weeds, grass or other vegetation to reach a height in excess of
one foot within an area of twenty feet of any existing building or a height of two feet in
any other location, or who violates any other Section of 9.60.030, shall, in addition to the other
civil penalties provided for in this section, after being notified by the Code Enforcement Officer
or his designee to remove the material, or correct the nuisance within a period of time specified
in the notice as herein provided shall have committed a code infraction and shall be punished by
payment of a penalty not to exceed five hundredfeur htmdred fif�r dollars, and each day that
such condition or nuisance or fire hazard or unsanitary or unsightly condition is maintained or
takes place upon the premises shall constitute a separate code infraction under this chapter. Any
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 4
owner or occupant of such property who refuses or fails for any reason to pay the amount billed
to them for the city's cleaning, leveling, removal, or destruction of the nuisance within thirty
days from the billing date, shall have committed a code infraction and shall be punished by
payment of a civil penalty not to exceed five hundredfeur hundred dollars. Any person not
being the owner or occupant of such property, who places or causes to be placed rubbish or
debris upon any real property in the City in violation of the provisions of this chapter, shall be
guilty of a code infraction and shall be punished by a civil penalty in an amount not to exceed
five hundred€etdred--f�ty dollars and the placing or causing to be placed of each article of
rubbish or debris shall constitute a separate code infraction under this chapter. (Ord. 2450 Sec.2,
1983; Ord. 1894 Sec. 1, 1977; prior code Sec. 10-4.32.)
Section 3. That Section 9.60.090 entitled "Abatement of Nuisances" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
9.60.090 ABATEMENT OF NUISANCES.
(A) Whenever a nuisance exists as defined in this chapter, the City may pursue by a
suit in equity of the superior court of Franklin County to enjoin and abate the same in the manner
provided by law; or it may elect to enforce the provisions of this chapter by uniform citation
and/or complaint filed in the Pasco Municipal Court; or it may elect to abate the nuisance by
following the provisions set forth below. Upon a third violation of any provision of this chapter.
the City may seek a writ of abatement in Superior Court and authorization to abate the nuisance
and may be awarded legal and abatement costs.
(B) It is the duty of the Director of Community & Economic Development for the
City, or his designee, to notify in writing, the owner or occupant of any lot, parcel or tract of land
within the City upon which weeds, grass, vegetation, rubbish, debris or decomposing animal or
vegetable matter has accumulated so as to become a fire hazard or injurious or detrimental to the
public health or welfare and to create an unsightly or unsanitary condition, requesting the owner
or occupant to remove the weeds, noxious weeds, grass, vegetation, rubbish, debris or
decomposing animal or vegetable matter within the period of time specified in the notice. In
case the owner of the premises, or the occupant thereof, or any other person or persons creating,
causing or committing, or maintaining the same, should fail to remove the weeds, noxious
weeds, grass, vegetation, rubbish, debris, or decomposing animal or vegetable matter or any
other substance causing any fire hazard or creating an unsightly or unsanitary condition or
condition injurious to the public health or welfare, within the specified period of time, then the
city may proceed upon the premises and clean and level the premises and remove the weeds,
noxious weeds, grass, vegetation, rubbish, debris or decomposing animal or vegetable matter,
and the cost to the City for such cleaning, leveling, removal or destruction shall be at the expense
of the owner or occupant of the property or against any other person or persons creating, causing
or committing or maintaining the same, and such amount, together with the reasonable legal and
administrative cost incurred by the City in relation thereto and for collection, shall be paid within
thirty days of the billing date, and if not paid within such time period, to levy a special
assessment on the land or premises where the nuisance is situated to defray the cost or to
reimburse the City for the cost of abating the same. Notice of the lien shall be filed with the
Franklin County Auditor.
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 5
(C) Whenever in any action brought in the Pasco Municipal Court, it is established
that a nuisance exists as defined in the chapter, the Court shall, together with the fine imposed, if
any, enter an order of abatement as part of the judgment in the case, which order shall direct
either:
(1) That such nuisance be abated or removed by the defendant within a time
limited by the Court, and not exceeding thirty days; or
(2) That the nuisance may be abated by the City at the cost of the defendant.
(Ord. 2519 Sec. 1, 1984; Ord. 2459 Sec. 1, 1983; Ord. 2450 Sec. 1, 1983; Ord. 1894 Sec.
2, 1977; prior code Sec. 10-4.36.)
Section 3. That Section 9.60.120 entitled "Each Day as Separate Offense" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
9.60.120 EACH DAY AS SEPARATE OFFENSE. Each day's, or part of a day's
continuance of anything prohibited by this chapter shall be a separate offense hereunder. Repeat
violations of all nuisances under this chapter shall be considered separate offenses and the
violators shall be individually liable for all penalties for each repeat violation equally as for the
initial violation. (Prior code Sec. 10-4.48.)
Section 4. Effective Date. This Ordinance shall take full force and effect five (5)
days after its approval, passage, and publication as required by law.
PASSED by the City Council o the City of Pasco, Washington, and approved as
provided by law this _A!70 day of 2016.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
" 0 cx, J n 0 ,
e e ity erk Leland B. Kerr, City Attorney
Ordinance Amending PMC 9.60.030, PMC 9.60.080,
PMC 9.60.090 and PMC 9.60.120 - 6