HomeMy WebLinkAbout4482 Ordinance - First OMNIBUS Amending PMC Sections Starting with 2.45.020ORDINANCE NO. 4482
AN OMNIBUS ORDINANCE OF THE CITY OF PASCO,
WASHINGTON, AMENDING SECTIONS 2.45.020, 9.20.050, 9.125.040,
9.125.050, 9.130.020 AND 9.135.030 OF THE PASCO MUNICIPAL CODE,
UPDATING AND CLARIFYING PROVISIONS OF THE MUNICIPAL CODE
WHEREAS, the Municipal Code for the City of Pasco has recently undergone a
comprehensive re -codification and review for consistency and clarity of text; and
WHEREAS, in working through the re -codification and review, certain code provisions
were deemed to be in need of clarification so text was consistent with other provisions and intended
purposes were plainly understood. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 2.45.020, entitled "Term of Office" [Planning Commission] of
the Pasco Municipal Code, shall be and hereby is amended to read as follows:
2.45.020 Term of office.
The term of office of the eight Commission members appointed by the Mayor shall be six years.
[Ord. 1558 § 2,1972; Code 1970 § 2.18.020.]
Section 2. That Section 9.20.050, entitled "Crimes included in harassment" [Personal
Harassment] of the Pasco Municipal Code, shall be and hereby is amended to read as follows:
9.20.050 Crimes included in harassment.
As used in this chapter, "harassment' may include but is not limited to any of the following crimes:
(1) Harassment (PMC 9.20.010 or RCW 9A.46.020);
(2) Malicious harassment (PMC 9.15.060 or RCW 9A.36.080);
(3) Telephone harassment (RCW 9.130.230);
(4) Assault in the first degree (RCW 9A.36.011);
(5) Assault of a child in the first degree (RCW 9A.36.120);
(6) Assault in the second degree (RCW 9A.36.021);
(7) Assault of a child in the second degree (RCW 9A.36.130);
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(8) Assault in the fourth degree (RCW 9A.36.041);
(9) Simple assault (PMC 9.15.030) or Simple Assault — Domestic Violence (PMC
9.15.040(3));
(10) Reckless endangerment in the second degree (PMC 9.15.070 or RCW 9A.36.050);
(11) Extortion in the first degree (RCW 9A.56.120);
(12) Extortion in the second degree (RCW 9A.56.130);
(13) Coercion (PMC 9.140.070 or RCW 9A.36.070);
(14) Burglary in the first degree (RCW 9A.52.020);
(15) Burglary in the second degree (RCW 9A.52.030);
(16) Criminal trespass in the first degree (PMC 9.115.020(1) or RCW 9A.52.070);
(17) Criminal trespass in the second degree (PMC 9.115.020(2) or RCW 9A.52.080);
(18) Malicious mischief in the first degree (RCW 9A.48.070);
(19) Malicious mischief in the second degree (RCW 9A.48.080);
(20) Malicious mischief in the third degree (PMC 9.'809.115.090 or RCW 9A.48.090);
(21) Kidnapping in the first degree (RCW 9A.40.020);
(22) Kidnapping in the second degree (RCW 9A.40.030);
(23) Unlawful imprisonment (RCW 9A.40.040);
(24) Rape in the first degree (RCW 9A.44.040);
(25) Rape in the second degree (RCW 9A.44.050);
(26) Rape in the third degree (RCW 9A.44.060);
(27) Indecent liberties (RCW 9A.44.100);
(28) Rape of a child in the first degree (RCW 9A.44.073);
(29) Rape of a child in the second degree (RCW 9A.44.076);
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(30) Rape of a child in the third degree (RCW 9A.44.079);
(31) Child molestation in the first degree (RCW 9A.44.083);
(32) Child molestation in the second degree (RCW 9A.44.086);
(33) Child molestation in the third degree (RCW 9A.44.089);
(34) Stalking (PMC 9.20.090 or RCW 9A.46.110);
(35) Residential burglary (RCW 9A.52.025);
(36) Violation of a temporary or permanent protective order issued pursuant to Chapters 9A.46,
10. 14, 10.99, 25.09, or 2 6.5 0 RCW;
(37) Unlawful discharge of laser in the first degree (RCW 9A.49.200); and
(38) Unlawful discharge of a laser in the second degree (RCW 9A.49.030). [Ord. 3484 § 4,
2001; Ord. 2912 § 1, 1992; Code 1970 § 9.08.050.]
Section 3. That Section 9.125.040, entitled "Owner responsibility" [Dust Control] of
the Pasco Municipal Code, shall be and hereby is amended to read as follows:
9.125.040 Owner responsibility.
Any person owning a site whether vacant or developed within the City of Pasco shall be
responsible for employing the best available control methods and the best available technology to
prevent the release of fugitive dust into the ambient air. [Ord. 3414 § 1, 2000; Code 1970 §
9.56.040.]
Section 4. That Section 9.125.050, entitled "Control Plan" [Dust Control] of the Pasco
Municipal Code, shall be and hereby is amended to read as follows:
9.125.050 Control plan.
Any person that begins construction within the City of Pasco must, prior to beginning said
construction, file a written fugitive dust control plan with the Building Inspector. Said control plan
shall incorporate the best available control methods and the best available technolog for
controlling fugitive dust. No building permit or authorization to proceed with construction will be
granted by the City until a control plan has been submitted. In all cases, acceptance of a proposed
plan by the City and implementation of the plan by the permittee does not relieve the permittee
from the obligation to control dust. [Ord. 3414 § 1, 2000, Code 1970 § 9.56.050.]
Section 5. That Section 9.130.020, entitled "Definitions" [Noise Regulation] of the
Pasco Municipal Code, shall be and hereby is amended to read as follows:
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9.130.020 Definitions.
"Background sound level" means the level of all sounds in a given environment, independent of
the specific source being measured.
"dBA" means the sound pressure level, in decibels, measured using the A -weighting network on
a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithm to
the base 10 of the ratio of the pressure of the sound to a reference pressure of 20 micropascals.
"Director" means the Director of Community and Economic Development.
"Distribution facilities" means any facility used for distribution of commodities to final consumers,
including facilities of utilities that convey water, wastewater, natural gas, and electricity.
"EDNA" means the environmental designation for noise abatement, being an area or zone
(environment) within which maximum permissible noise levels are established.
"Leq" means the equivalent continuous sound pressure level. A measure of the average sound
pressure level during a period of time, in decibels.
"Noise" means the intensity, duration and character of sounds, from any and all sources.
"Person" means any individual, corporation, partnership, association, governmental body, state
agency or other entity whatsoever.
"Property boundary" means the surveyed line at ground surface, which separates the real property
owned, rented, or leased by one or more persons, from that owned, rented, or leased by one or
more other persons, and its vertical extension.
"Receiving property" means real property within which the maximum permissible noise levels
specified herein shall not be exceeded from sources outside such property.
"Sound level meter" means a device which measures sound pressure levels and conforms to Type
1 or Type 2 as specified in the American National Standards Institute Specification S 1 4.1971
S14a-1985. [Ord. 3591 § 1, 2002; Code 1970 § 9.61.010.]
Section 6. That Section 9.135.030, entitled "Redemption rights and hearing
procedures" [Abandoned Vehicles and Vehicle Hulks] of the Pasco Municipal Code, shall be and
hereby is amended to read as follows:
9.135.030 Redemption rights and hearing procedures.
(1) Redemption Requirements.
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(a) Vehicles impounded by registered tow truck operators pursuant to RCW 46.52.170,
46.61.565, or PMC 9.135.020(2) may be redeemed only under the following
circumstances:
(i) Only the legal owner, the registered owner, a person authorized by the
registered owner, or one who has purchased a vehicle from the registered owner,
who produces proof of ownership or written authorization and signs a receipt
therefor, may redeem an impounded vehicle.
(ii) The vehicle shall be released upon the presentation to any person having
custody of the vehicle of commercially reasonable tender sufficient to cover the
costs of towing, storage, or other services rendered during the course of towing,
removing, impounding, or storing any such motor vehicle. Commercially
reasonable tender shall include, without limitation, cash, major bank credit cards,
or personal checks drawn on in-state banks if accompanied by two pieces of valid
identification, one of which may be required by the operator to have a photograph.
Any person who stops payment on a personal check or does not make restitution
within 10 days from the date a check becomes insufficient due to lack of funds to a
towing firm that has provided a service pursuant to this section or in any other
manner defrauds the towing firm in connection with services rendered pursuant to
this section shall be liable for damages in the amount of twice the towing and
storage fees, plus costs and reasonable attorney's fees.
(b) (i) The towing company shall give to each person who seeks to redeem an
impounded vehicle written notice of the right of redemption and opportunity for a
hearing, which notice shall be accompanied by a form to be used for requesting a
hearing, and a copy of the twetow and storage receipt. The towing company shall
maintain a record, evidenced by the redeeming person's signature, that such
notification was provided.
(ii) Any person seeking to redeem an impounded vehicle under this section has
a right to a hearing in the district court for the jurisdiction in which the vehicle was
impounded to contest the validity of the impoundment or the amount of towing and
storage charges. Any request for a hearing shall be made in writing on the form
provided for that purpose and must be received by the district court within 10 days
of the date the opportunity was provided for in subsection (2)(a) of this section. If
the hearing request is not received by the district court within the 10 -day period,
the right to a hearing is waived and the registered owner is liable for any towing,
storage, or other impoundment charges permitted under this chapter. Upon receipt
of a timely hearing request, the district court shall proceed to hear and determine
the validity of the impoundment.
(c) (i) The district court, within five days after the request for a hearing, shall notify
the registered tow truck operator, the person requesting the hearing if not the owner, and
the registered and legal owners of the motor vehicle in writing of the hearing date and time.
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(ii) At the hearing, the person or persons requesting the hearing may produce
any relevant evidence to show that the impoundment, towing, or storage fees
charged were not proper.
(iii) At the conclusion of the hearing, the district court shall determine whether
the impoundment was proper, whether the towing or storage fees eharg a -s hared
were in compliance with the posted rates, and who is responsible for payment of
the charges.
(iv) If the impoundment is found proper, the impoundment, towing, and storage
fees as permitted under this chapter together with court costs shall be assessed
against the person or persons requesting the hearing, unless the operator did not
have a signed and valid impoundment authorization from a private property owner
or an authorized agent.
(v) If the impoundment is determined to be invalid, then the registered and legal
owners of the vehicle shall bear no impoundment, towing, or storage costs, and any
bond or other security shall be returned or discharged as appropriate, and the person
who authorized the impoundment shall be liable for any towing, storage, or other
impoundment charges permitted under this chapter.
(d) Any impounded vehicle not redeemed within 15 days of mailing of the notice of
custody and sale as required by seefien 1 (2) e fthis ac4 PMC 9.135.020(5](b) shall be sold
at public auction in accordance with all the provisions and subject to all the conditions of
subsection -14 (2) of this ac4section. A vehicle may be redeemed any time before the start
of the auction upon payment of towing and storage costs.
(2) Auction — When Permitted — Requirements.
(a) If, after the expiration of 15 days from the date of mailing of notice of custody and
sale required in seetio 11 (2) oft is ae4 by PMC 9.135.020(5)(bl to the registered and legal
owners, the vehicle or hulk remains unclaimed and has not been listed as a stolen vehicle,
then the registered disposer having custody of the vehicle or hulk shall conduct a sale of
the vehicle at public auction after having first published a notice of the date, place, and
time of the auction in a newspaper of general circulation in the county in which the vehicle
is located not less than three days before the date of the auction. The advertisement shall
contain a description of the vehicle, including the make, model, year, and license number,
and notification that a three-hour public viewing period will be available before the auction.
The auction shall be held during daylight hours of a normal business day.
(b) The following procedures are required in any public auction of abandoned vehicles:
(i) The auction shall be held in such a manner that all persons present are given
an equal time and opportunity to bid;
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(ii) All bidders must be present at the time of auction unless they have submitted
to the registered tow truck operator, who may or may not choose to use the pre -
auction bid method, a written bid on a specific vehicle. Written bids may be
submitted up to five days before the auction and shall clearly state which vehicle is
being bid upon, the amount of the bid, and who is submitting the bid;
(iii) The open bid process, including all written bids, shall be used so that
everyone knows the dollar value that must be exceeded;
(iv) The highest two bids received shall be recorded in written form;
(v) In case the high bidder defaults, the next bidder has the right to purchase
the vehicle for the amount of his or her bid;
(vi) The registered tow truck operator shall post a copy of the auction procedure
at the bidding site. If the bidding site is different from the licensed office location,
the operator shall post a clearly visible sign at the office location that describes in
detail where the auction will be held. At the bidding site a copy of the newspaper
advertisement that lists the vehicles for sale shall be posted;
(vii) All surplus moneys derived from the auction after satisfaction of the tow
truck operator's lien shall be remitted within 30 days to the Department for deposit
in the state motor vehicle fund. A report identifying the vehicles resulting in any
surplus shall accompany the remitted funds. If the Director subsequently receives
a valid claim from the registered vehicle owner of record within one year from the
date of the auction, the surplus moneys shall be remitted to the registered owner;
(viii) If an operator receives no bid, or if the operator is the successful bidder at
auction, the operator shall within 30 days sell the unclaimed abandoned vehicle to
a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned
vehicle report -affidavit of sale, or the operator shall apply for title to the vehicle.
(c) (i) In no case may the accumulation of storage charges exceed 15 days from
the date of receipt of the information by the operator from the Department as
provided by PMC 9.135.020(5)(b);
(ii) The failure of the registered disposer to comply with the time limits
provided in this chapter limits the accumulation of storage charges to five days
except where delay is unavoidable. Providing incorrect or incomplete identifying
information to the Department in the abandoned vehicle report shall be considered
a failure to comply with these time limits if correct information is available.
(3) Lien for Services.
(a) A registered tow truck operator who has a valid and signed impoundment
authorization has a lien upon the vehicle for services provided in the towing and storage of
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the vehicle, unless the impoundment is determined to have been invalid. However, the lien
does not apply to personal property in or upon the vehicle that is not permanently attached
to or is not an integral part of the vehicle. The registered operator also has a deficiency
claim against the last registered owner of the vehicle for services provided in the towing
and storage of the vehicle not to exceed the sum of $3008 less the amount bid at auction,
and for vehicles of over 10,000 pounds gross vehicle weight, the operator has a deficiency
claim of $1,000 less the amount bid at auction, unless the impound is determined to be
invalid. A registered owner who has completed the seller's report as provided for by RCW
46.12.101 is relieved of liability under this section. [Ord. 2623 § 1, 1986; Code 1970 §
9.62.030.]
Section 7. 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 18"' day of February, 2020.
Saul Martinez
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Published: J / 20 / 2-D
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APPROVED AS TO FORM: