HomeMy WebLinkAbout3317 Related to Peace, Morals, and Safety Repealing ...Ordinance 3317
Page 1 of 2
Ordinance 3317
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
RELATED TO PEACE, MORALS, AND SAFETY REPEALING CHAPTERS 9.08 —
NUISANCES, 9.10 - PUNISHMENT AND ABATEMENT OF NUISANCES, 9.12 -
BURNING PERMITS, 9.16 - STORAGE OF PETROLEUM PRODUCTS, AND 9.32 -
MALT LIQUOR SALES AND DISTRIBUTION OF THE PORT TOWNSEND
MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 9.08 NUISANCES
Recitals:
A. Chapter 9.08 - Nuisances of the Port Townsend Municipal Code has provisions that
date to 1895 and is disorganized, repetitive, and in need of revision.
B. Chapter 9.10 - Punishment and Abatement of Nuisances dates from 1978 and is
duplicative of Chapter 9.08.
C. Chapter 9.12 - Burning Permits dates from 1947, is inconsistent with the Revised
Code of Washington, and is obsolete since the Port Townsend was annexed by East
Jefferson Fire and Rescue.
D. Chapter 9.16 - Storage of Petroleum Products dates from 1911 and is obsolete since
the Department of Ecology regulates the storage of petroleum products.
E. Chapter 9.32 — Malt Liquor Sales and Distribution dates from 1986 and is obsolete
since keg purchases are regulated by the Washington State Liquor and Cannabis
Control Board.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Repeal. Chapter 9.08 — Nuisances of the Port Townsend Municipal
Code, which sections are set forth in Exhibit A is hereby repealed.
SECTION 2. Repeal. Chapter 9.10 — Punishment and Abatement of Nuisances of
the Port Townsend Municipal Code, which sections are set forth in Exhibit B is hereby repealed.
SECTION 3. Repeal. Chapter 9.12 — Burning Permits of the Port Townsend
Municipal Code, which sections are set forth in Exhibit C is hereby repealed.
SECTION 4. Repeal. Chapter 9.16 — Storage of Petroleum Products of the Port
Townsend Municipal Code, which sections are set forth in Exhibit D is hereby repealed.
SECTION 5. Repeal. Chapter 9.32 — Malt Liquor Sales and Distribution of the Port
Townsend Municipal Code, which sections are set forth in Exhibit E is hereby repealed.
SECTION 6. A new Chapter 9.08 - Nuisances of the City of Port Townsend Municipal
Code is hereby enacted as shown in Exhibit F.
Ordinance 3317
Page 2 of 2
SECTION 7. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase
of this ordinance.
SECTION 8. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the
Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and
incorporate changes adopted in the Port Townsend Municipal Code. Staff and the Code Reviser
are further authorized to make non -substantive edits related to numbering, grammar, spelling,
and formatting consistent with this ordinance.
SECTION 9. This ordinance shall take effect and be in force five days following its
publication in the manner provided by law.
ADOPTED by the City Council of the City of Port Townsend, Washington, at a special
meeting thereof, held this 24th day of July 2023.
�............VJ "'Ld
a Avi r
Mayor
Attest:
Approved as to Form:
1. cc i C", ood
Alyssa R, gues((d
City Clerk City Attorne
Chapter 9.08
NUISANCES
Sections:
9.08.010 Definitions
9.08.020 Nuisances Prohibited.
9.08.030 Types of nuisances.
9.08.040 Enforcement.
9.08.010 Definitions.
As used in this chapter, the following terms have the meanings set forth in this section, unless a
different meaning is clearly indicated by the context.
A. "Apparently Inoperable" means a vehicle that does not appear to comply with requirements
for safe and legal operation on public streets or highways with regard to licensing, registration,
brakes, lights, tires, safety glass, or other safety equipment; or other circumstances or conditions
that are evidence the vehicle is not currently operable, including but not limited to the passenger
compartment filled with trash or debris, vegetation growing inside, around or on the vehicle, or
other evidence that the vehicle has not been moved for an extended period of time.
"Attractive nuisance" means any object or condition that constitutes a hazard or danger, is
accessible to unauthorized persons, and tends to draw attention or entices.
"Director" includes, but is not limited to, the Chief of the Police Department, Director of the
Public Works l cpagplen , the Department of Planning and Community Development, and their
designee(s).
"Recreational vehicle" means a vehicular -type unit primarily designed for recreational, camping,
or travel use that has either its own motive power or is mounted on or drawn by another vehicle.
Types of recreational vehicles include but are not limited to travel trailers, truck campers, and
motor homes. This term does not include "tiny houses on wheels" as defined in Chapter 17.08
Port Townsend Municipal Code as amended.
"Vehicle" includes every device capable of being moved upon a public highway and in, upon, or
by which any persons or property is or may be transported or drawn upon a public highway,
including, but not be limited to, automobiles, bicycles, motorcycles, trucks, motorized
recreational vehicles, campers, travel trailers, boats on or off trailers, utility trailers, or other
vehicles defined as such in Title 46 RCW. Campers, if removed from the towing vehicle and
stored separately, are counted as a separate vehicle.
9.08.020 Prohibited Conduct.
It is unlawful for any person to erect, contrive, cause, continue, deposit, maintain, or permit to
exist any nuisance within the City including on the property of any'person or upon any public
rights-of-way.
9.08.030 Types of Nuisances.
The following acts, omissions, places, conditions, and things are declared to be nuisances:
A. Vegetation.
Page 1 of 5
Overgrown, uncultivated, or untended vegetation of any type that substantially covers
structures on the property or substantially blocks or impedes access to structures on the
property.
2. Trees, shrubs, vines, or other vegetation that destroy, impair, interfere, restrict the
visibility, use or access to, or constitute a danger to streets, sidewalks, public trails,
sewers, utility poles, street trees, fire hydrants or any other public improvements.
3. Noxious weeds as defined in Chapter 16-750 WAC, as amended, or as required for
removal or control by the Jefferson County Noxious Weed Control Board.
4. Accumulation of vegetation waste, including, but not limited to, grass clippings, cut
brush, cut trees, and/or cut weeds, except when in an enclosed container or in a
managed composting operation.
Vegetation, or parts thereof, that hang lower than eight feet above any public
walkway, path or sidewalk; or hang lower than 15 feet above any street; or that are
growing in such a manner as to obstruct or impair the free and full use of any public
walkway, sidewalk, or street.
h� Vegetation g ��' �i� r�31 i h s in l�i� within the clear vision area, as defined by
PTMC 12.04.030, that blocks or impairs motorist, cyclist, or pedestrian visibility.
Grass in the public right-of-way greater than twelve inches in height or other
vegetation in the public right-of-way not maintained to requirements established in
PTMC 12.04.075(C), as amended.
Roadside ditches in which the grass is greater than twelve inches in height; or contains
vegetation other than grass that interferes with the City's periodic maintenance of
ditches, unless the vegetation was permitted as a rain garden or stormwater treatment
facility.
B. Buildings, structures, and improvements.
Any building, structure, dwelling, or improvement, or portion thereof, that is decayed,
dilapidated, unsafe, damaged, or in disrepair, to the extent that it poses a threat of
collapse, structural failure, or falling.
2. Any partially constructed building, structure, dwelling, or improvement, or portion
thereof that has been left unattended and unfinished for more than 90 continuous days.
Any building, structure, dwelling, or improvement, or portion thereof, used for
habitation that does not have functioning electricity, water, or sanitation services.
4. All vacant, unused, or unoccupied buildings, structures, dwellings, or improvements
that are allowed to become or to remain open to entrance by unauthorized persons,
wildlife, or the general public.
C. Accumulations of garbage and materials.
1. Any accumulation, stack, or pile of building or construction materials not associated
with a current, in -progress project and not in a lawful storage structure or container.
2. Any accumulation of broken, discarded, inoperable, or neglected items or parts
thereof, including, but not limited to, household furniture, furnishings, equipment,
Page 2 of 5
appliances, machinery, litter, salvage materials, or junk not in an approved enclosed
structure, container, or waste receptacle.
3. Any garbage, waste, refuse, litter, debris, recyclables, rubble, or other materials, or
combination thereof, not in an approved enclosed structure, container, or waste
receptacle.
4. Any accumulation of materials or objects, including dry vegetation, in a manner that
endangers property or safety, or constitutes a fire hazard as determined by the fire code
official or East Jefferson Fire and Rescue.
D. 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 street, alley, sidewalk,
park, parkway, or other public or private place in the city, any one or more of the following
disorderly, disturbing, unsanitary, disease -causing places, conditions or things:
1. Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole or parts of
any dead animal or fish or the offal, garbage, or other offensive parts of any animals.
2. Any materials, garbage, waste, refuse, litter, or debris in which insects may breed or
multiply or which may provide harborage for rats or other vermin.
3. Any open drain, sewer, or septic tank that emits any noxious, foul, offensive, injurious,
unpleasant, or disagreeable odor or substance.
4. Any noxious, foul, or putrid substance.
E. Dangerous or hazardous conditions.
1. The existence on any q1tid9pr premises, in a place accessible to children, of any
unattended or discarded icebox, refrigerator or other large appliance;
2. Any excavated or naturally occurring hole, vault, sump, pit, well, or any other similar
condition, that is not fenced or otherwise secured to prevent access.
Allowing, creating or maintaining the existence of an attractive nuisance.
4. The existence on any premises of any abandoned or unused well, cistern or storage
tank without first demolishing or removing from the city such storage tank or securely
closing and barring any entrance or trapdoor thereto or without filling any well or
cistern or capping the same with sufficient security to prevent access thereto by
children.
F. Streets, sidewalks, and public rights-of-way.
Any condition in which the abutting property owner fails to maintain the public right
of way, including but not limited to vegetation maintenance, litter removal, and
sidewalk maintenance, from the frontage directly adjacent to their property and
extending to the centerline of the adjacent right-of-way, excluding street surface of
City maintained streets.
2. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway
or sidewalk unless otherwise permitted.
Page 3 of 5
3. Any object, construction, damage, condition, or act that interferes with, inhibits,
obstructs, or renders dangerous the use of a public walkway, sidewalk, street, alley and
rights-of-way.
4. Any fence, wall, arbor, hedge or other partially or totally sight -obscuring installation
or feature over 30 inches in height within a clear vision area, defined as a 20 -foot -by -
20 -foot sight triangle measured from the edge of the road surface.
5. The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which
is out of repair, and in a condition to endanger persons or property, or in a condition to
interfere with the public convenience in the use of such sidewalk, including but not
limited to a c l a . ru rw r e snow or ice uncleared withiw24 hours.
6. The existence of any obstruction to a street, alley, crossing or sidewalk, or public
right-of-way, and any excavation in or under any street, alley, crossing or sidewalk, or
public right-of-way, which is by ordinance prohibited, or which is made without
lawful permission, or which, having been made by lawful permission, is kept and
maintained after the purpose thereof has been accomplished, and for an unreasonable
length of time;
7. The existence of any drainage onto or over any sidewalk or public pedestrian way.
G. Animals.
Feeding of wild geese, ducks, gulls, deer, and other wildlife, which feeding results in
aggressive behavior toward humans or other animals, or in the deposit of refuse,
debris, fecal matter, or other offensive substance in any place in the city, to the
prejudice or annoyance of any person, or which impedes the safe flow of vehicle and
pedestrian traffic.
2. Keeping, using or maintaining within the city any pen, stable, lot, place or premises in
which any hogs, cattle, or fowls may be confined or kept in such manner as to be
nauseous, foul or offensive to a reasonable person.
3. Riding or leading horses upon the sidewalks or parking strips anywhere within the city
limits;
H. Throwing, placing, attaching, hanging, posting or depositing upon any motor vehicle
'`lcalg lct ax�:llxr,apr°tion, telephone pole, power pole, street light pole or similar utility pole
or structure, any handbill, poster, printed or written matter, any sample, advertising matter,
circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original
or copy of any matter of literature, except that this provision shall not be construed to:
1. Prohibit the identification of a firm or its products on a vehicle, and
2. Prohibit signs upon utility poles for utility identification or similar purposes.
I. Motor vehicles.
The existence or maintenance on any premises of a storage area, junk yard or dumping
ground for the wrecking or disassembling of automobiles, trucks, trailers, recreational
vehicles, boats, tractors or other vehicle or machinery of any kind, or for the storing or
leaving of worn out, wrecked, junk, apparently inoperable, or abandoned automobiles,
trucks, trailers, recreational vehicles, boats, tractors or other vehicles or machinery of
Page 4 of 5
any kind or of any major parts thereof; except as allowed by the other ordinances of
the city.
Storage of the following on a single-family residential le -tap rcel:
r tha ..o rovel..traile . ru ,k camper ,mo, �r4umw, the
=+��mational...vehic4e; +a t d.-iw'.. !>. . a ggor;otht gane �(I
true r. ol::f..site twr--eation-.
b a. A recreational vehicle or boat greater than 9 12 feet in height stored within
5 feet of a side or rear property line.
c.....AMr�re.4han.one boat-gt° to 4han....1 g....feet ..i.n.len tl+,.�,, ai ien-stored- li, g
,..of
9.08.040 Enforcement.
A. Director's Authority. Whenever the enforcement officer determines that a condition exists in
violation of this chapter or any standard required to be adhered to by this chapter, or in violation
of any permit issued hereunder, the enforcement officer is authorized to enforce the provisions of
this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or
incorporated standards, or of any permit or license issued hereunder, are declared nuisances and
made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including
any amendments, and including but not limited to abatement, criminal penalty, and civil penalty
as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein.
C. In addition to the provisions of Chapter 1.20 of the Port Townsend Municipal Code, any
person maintaining a minor public nuisance after receiving 21 days' notice shall be deemed to
have committed a civil infraction as established in Chapter 7.80 RCW and subject to the
procedures set forth in Chapter 7.80 RCW and applicable court rules.
1. Minor nuisance criteria. Any violation of this chapter that is minor in nature, can
typically be abated in 1-3 days effort, and can typically be abated within the 21 days'
notice.
2. The penalty for a first minor nuisance violation shall be $66.00. The penalty for a
second minor nuisance violation within a one-year period shall be $114.00. The penalty
for a third minor nuisance violation within a one-year period shall be $209.00. The
penalties may be reduced, suspended or deferred in the discretion of the court.
Page 5 of 5