HomeMy WebLinkAbout4357 Ordinance ORDINANCE NO. q3 s7
AN ORDINANCE of the City of Pasco,Washington Amending PMC
Section 9.63.020 "Definitions"
WHEREAS, the City of Pasco has been granted Constitutional and statutory powers to protect
the safety, health and well being of its citizens; specifically providing for the defmition, abatement, and
punishment regarding nuisances which pose a hazard to public health and safety and pose a
disproportionate demand for the City health and safety services;and
WHEREAS, it has been determined that when certain properties within the City have been
permitted to be used in such a manner that the risk to public health and safety require multiple responses
by City emergency services, and in addition, negatively impact the quality of life in the neighborhoods in
which they are located; and
WHEREAS,City Council in 2016 adopted a"Chronic Nuisance Ordinance" providing remedies
for chronic nuisances;and
WHEREAS, monitoring the implementation and the effects of the Chronic Nuisance Ordinance
over the past year indicate that the definition of a "chronic nuisance" as relates to warrants of arrests,
search warrants or actual arrests is adversely generic as applied to multi-family properties and non —
residential properties; and
WHEREAS, the definition of a "chronic nuisance" as relates to warrants of arrests, search
warrants or actual arrests applied to multi-family properties should be revised to quantify the threshold for
the determination of a"chronic nuisance"on a more specific scale: NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Section 9.63.020 of the Pasco Municipal Code shall be and hereby is
amended and shall read as follows:
9.63.020 DEFINITIONS. For purposes of this Chapter, the following words and phrases
shall mean:
A) "Chronic nuisance activity" shall mean any of the following activities, conduct,
or behavior,whenever engaged in by owners,managers, operators,tenants,occupants or guests of
the premises, or other persons that frequent or are associated with the premises:
1) Violations of Court orders as provided in PMC 9.03.011 and 9.03.012.
2) Violations of PMC Chapter 9.06 including disorderly conduct, failure to
disperse, simple assault, malicious harassment, reckless endangerment, and disorderly
place.
3) Violations of PMC Chapter 9.08,personal harassment.
4) Violations of PMC Chapter 9.11, indecent exposure and lewd conduct.
5) Violations of PMC Chapter 9.13,prostitution and related activities.
Chronic Nuisances Ordinance- 1
6) Violations of PMC Chapter 9.24, firearms and dangerous weapons.
7) Violations of PMC Chapter 9.28, gambling.
8) Violations of PMC Chapter 9.38, offenses involving drugs, or in
violation of Chapter 69.50 RCW and Chapter 69.43 RCW.
9) Violations of RCW 9A.40.100 and RCW 9A.88.060, human trafficking.
10) Violations of PMC Chapter 8.02.320 and PMC 8.02.330, dangerous or
potentially dangerous animals.
11) Violations of PMC Chapter 9.46, criminal mischief.
12) Execution of criminal arrest warrants, search warrants or criminal arrests
on the property(excluding bench warrants).
13) Violations of RCW 9.94A, criminal street gang related offenses.
B) "Chronic nuisance property" means a premises, structure, or property, including
adjacent sidewalks, parking areas and common areas, on which:
1) A single-family residence where three or more nuisance activities
described in subsection A) above have occurred on different days during any 180-day
period; or
2) A commercial business which:
(a) Sells or serves alcoholic beverages where eight (8) or more
nuisance activities described in subsection A) above have occurred on different
days during any 180-day period; or
(b) All other commercial businesses where four (4) or more
nuisance activities described in subsection A) above have occurred on different
days during any 180-day period.
3) An industrial property where three or more nuisance activities described
in subsection A)above have occurred on different days during any 180-day period.
4) For any type of property where a search warrant or warrant of arrest or
arrest arising out of occupants on the premises or arising out of incidents on the premises
has occurred twice at such prepeftt‘ residence. business or commercial location, or per
unit of any multi family residential property within any 180 day 12 month period; or
where a search warrant or warrant of arrest or arrest arising out of occupants on the
premises or arising out of incidents on the premises has occurred at any multi-family
residential property within any 180 day period according to the following schedule:
(a) 0—4 units—2
(b) 5—20 units—3
(c) 21 —40 units—5
Chronic Nuisances Ordinance- 2
(d) 41 —60 units—6
(e) 61 — 120 units—8
(f) 120+units—9
5) For any multi-family residential property including, but not limited to,
apartments, boarding houses, rooming houses, or multi-tenant commercial properties
including, but not limited to, hotels and motels having 0.5 or more nuisance activities per
unit(occupied or not)having occurred on different days within a 180-day period of time.
C) "Person in charge" means any person or entity in actual or constructive
possession of the property, including but not limited to an owner as determined by the records of
the Franklin County Auditor, lessee, tenant, occupant, agent, or manager with the express or
implied control of the property.
D) "Responsible official" means the Chief of Police or Director of Community
Development, or any applicable department director as defined by PMC 11.02.030(3), or their
respective designees.
Section 2. 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 of the City of Pasco, Washington, and approved as provided by law
this 1(p day of Oc Ie.r ,2017.
Matt Watkins,Mayor
t: • Appro o o Form:
id i / i i4 - _A 0
Daniela ckson,City Clerk Leland B.Kerr,City Attorney
Chronic Nuisances Ordinance - 3