City of Cahsmere

It is unlawful for any person, persons, firm or corporation to keep for sale or use, or to store or place within the fire limits of the city any lumber, logs, stove wood, cord wood, apple boxes or other fruit boxes, or any wood or paper box material, on any street or alley or on any vacant lot or lots within the fire limits. It shall be a violation of this chapter to keep for sale or use, or to store or place on any such vacant lot or lots, not to exceed five cords of stove wood or cord wood. (Ord. 137 § 2, 1920).

8.08.020 Combustible rubbish - Daily disposal.

It is unlawful for any person, persons, firm or corporation making, using, storing or having the charge or control of any shavings, rubbish, sacks, bags, litter, hay, straw or any combustible waste or fragments, to fail, neglect or refuse at the close of each day to cause the same to be securely stored or disposed of so as to be safe from fire. (Ord. 137 § 3, 1920).

8.08.030 Combustible rubbish - Storage in incombustible receptacles.

It is unlawful for any person, persons, firm or corporation to store any waste, rags, paper or other substances liable to spontaneous combustion or otherwise to cause fire, in any manner or place except in a receptacle made of incombustible material. (Ord. 137 § 4, 1920).

8.08.040 Combustible rubbish - Accumulation on roof or yard prohibited.

It is unlawful for any person, persons, firm or corporation to allow or permit to remain upon any roof, or in any yard, alley or vacant lot, any accumulation of paper, hay, straw, moss or inflammable or combustible rubbish or waste of any description. (Ord. 137 § 6, 1920).

8.08.050 Burning prohibition.

It is unlawful for any person to burn trash, leaves, lumber or any other combustible materials within the city limits without first obtaining a permit to do so from the fire chief of the city or his designated representative. Said permit shall be issued with conditions and restrictions for agricultural purposes established by the fire chief to insure the health, safety and welfare of the citizens and property of the city. Each permit shall be issued only after payment of a permit fee of $5.00 payable to the city. Violation of this chapter or violation of the conditions and restrictions of the permit shall be punishable by a fine of not more than $250.00. (Ord. 783 § 1, 1991; Ord. 137 § 7, 1920).

8.08.060 Storage of combustible materials.

In the interest of public safety, all empty wooden boxes, bins, pallets and/or trays kept within the city limits of the city of Cashmere that are not stored inside a building shall be stored, stocked and stacked as follows:

A. Bin piles as referred to herein shall mean a collection of six or more empty wooden boxes, bins, pallets, cartons and/or trays. Bin piles when stacked outside a building shall be not less than 40 feet from any structure, including, but not limited to, buildings, electrical substations and facilities for storage of combustible materials. Such piles should not exceed nine bins in height, 76 feet in width and 92 feet in length. Bins may be stacked up to 12 high provided they are stacked at least 50 feet from any structure, including, but not limited to, buildings, electrical substations and facilities for storage of combustible materials.

B. Aisles shall be provided around bin piles of a width of at least 12 feet.

C. Bin piles shall be stored not less than 10 feet measured horizontally from any primary electric or telephone line.

D. Bin piles shall be stored not less than 10 feet from the property lines upon which they are stored and 25 feet from any road or alley.

E. All piles of empty wooden boxes, bins, pallets, cartons and/or trays shall be protected with fire hydrants and mains in accordance with the Insurance Service Office "Guide for Determination of Required Fire Flow," "Wood Frame," building section. Fire hydrants capable of supplying the required fire flows shall be located so that all portions of all bin piles are not further than 300 feet from such hydrant. Bin piles shall be no closer than 50 feet from hydrants.

F. Bins may be stored for periods of time of 48 hours or less at a height of not more than six bins and do not need to comply with the density and spacing requirements of subsections A through E of this section. (Ord. 732 § 1, 1988; Ord. 722 § 1, 1987).

Chapter 8.12
FIREWORKS

Sections:

8.12.010 Purpose.

8.12.020 Definitions.

8.12.030 Permits.

8.12.040 Authority.

8.12.050 Retail sales and discharge of fireworks.

8.12.060 Sales location, signage, and stand construction.

8.12.070 Public display of fireworks.

8.12.080 Prohibited acts.

8.12.090 Seizure of fireworks.

8.12.100 Revocation and penalties.

8.12.110 Public service announcements – Safe fireworks handling and discharge.

8.12.120 Fireworks – Emergencies – Restrictions on sale and use.

8.12.130 Special effects for entertainment productions.

8.12.010 Purpose.

The purpose of this chapter is to implement and supplement Chapter 70.77 RCW and Chapter 212-17 WAC, hereafter referred to as the state fireworks law, as they now exist or may be hereafter amended. The provisions of this chapter shall be construed and applied in accordance with the definitions, requirements and prohibitions of the state fireworks law and all rules and regulations issued pursuant to the state fireworks law. (Ord. 1048 § 2, 2004).

8.12.020 Definitions.

As used in this chapter:

A. “Fireworks” means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks.

B. “Special fireworks” means any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes:

1. Fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes and chasers; and

2. Fireworks which are not classified as common fireworks.

C. “Common fireworks” means any fireworks designed primarily to produce visible or audible effects by combustion.

1. The term includes ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, glitter sparklers, and smoke devices; provided, that the terms do not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, missile-type rockets, helicopters, aerials, spinners, Roman candles, mines, shells and Class C explosives classified as common fireworks by the U.S. Department of Transportation, unless such Class C explosives are approved by the fire chief or his designee.

D. “Special effects” means any combustion of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of motion picture, radio, television, theatrical or opera productions. (Ord. 1048 § 2, 2004).

E. “Public display of fireworks” means an entertainment feature where the public is or could be admitted or allowed to view the display.

8.12.030 Permits.

A. Permits shall cost $50.00 each and shall be obtained for the following:

1. To store fireworks in any amount of any type exceeding 10 pounds aggregate weight;

2. To possess, manufacture, offer to sell, or sell fireworks at wholesale or retail for any use except possession of common fireworks lawfully purchased at retail;

3. To conduct a public display of fireworks;

4. To discharge special fireworks;

5. To transport any fireworks, except;

a. Transportation by a public carrier to a licensee;

b. Transportation of common fireworks in a private passenger vehicle during the legal sales period established in CMC 8.12.050 and in accordance with subsection (A)(1) of this section;

B. All permits required by this section shall be issued by the fire chief or his designee except as otherwise provided herein. As a condition of any permit, the fire chief or his designee may specify additional safeguards as necessary to provide for the public safety. The applicant shall apply for a permit on the form provided by the City of Cashmere. The form shall have all pertinent information and be properly filled out by the applicant at the time of application.

C. No person under 21 years of age may apply for or receive a permit under this section.

D. An application for a permit shall be made in writing to the fire chief or his designee at least 30 days in advance of its issuance. After a permit is granted, transportation, storage, discharge, sale, possession, use and distribution of fireworks shall be lawful only for the purpose stated on the permit. No permit granted hereunder shall be transferable.

E. Number of Permits. No one organization, person, firm, co-partnership, or corporation may receive more than one permit for the retail sale of common fireworks during one calendar year. (Ord. 1048 § 2, 2004).

8.12.040 Authority.

A. The fire chief or his designee shall have authority to issue and condition permits required by this chapter.

B. The fire chief or his designee and the sheriff’s department or their designees have authority to enforce the provisions of this chapter. (Ord. 1048 § 2, 2004).

8.12.050 Retail sales and discharge of fireworks.

A. Only common fireworks as defined in this chapter are legal for sale to the public.

B. The sale of fireworks in the city shall be allowed between the hours of 1:00 p.m. and 10:00 p.m. each day on July 1st through July 3rd and between the hours of 10:00 a.m. and 9:00 p.m. on July 4th.

C. The discharge of fireworks in the city shall be allowed between the hours of 1:00 p.m. and 11:59 p.m. on July 3rd and 4th, and between the hours of 6:00 p.m. on December 31st to 1:00 a.m. January 1st, except:

Fireworks for public display purposes shall be allowed as specified on a permit issued by the fire chief or his designee.

D. Only fireworks defined as common fireworks in this chapter may be sold at retail stands.

E. A permit for the retail sale of fireworks issued by the fire chief or his designee must be prominently displayed at the sales location.

F. Retail operators applying for permit shall submit a copy of their State Fire Marshal approved retailer’s license with the application for a permit under this chapter. Each permit application must be accompanied by a certificate of insurance.

G. The certificate of insurance shall evidence a comprehensive general liability (including automobile coverage) insurance policy providing limits of $1,000,000, combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Cashmere as an additional insured.

H. A bond in the amount of $300.00 must be posted with the city at least 30 days in advance of the initial sales date to provide for costs of site cleanup if the operator fails to perform such cleanup by noon on the seventh day of July. (Ord. 1048 § 2, 2004).

8.12.060 Sales location, signage, and stand construction.

A. A stand for the retail sale of fireworks is limited to 500 square feet, shall not be located within any permanent structure, and shall be used only for the retail sale of common fireworks. The proposed stand shall be constructed in a manner which shall ensure the safety of attendants and patrons. All fireworks stands shall be constructed with a shelf 12 inches or more in depth attached to the front of the stand as a pass-out counter for fireworks; the bottom of the stand, up to the shelf, and the other three sides must be a type of material such as plywood.

B. The location of a fireworks stand must be approved by the fire chief or his designee.

C. A stand must be either located at least 300 feet from another fireworks stand or separated from another fireworks stand by a major arterial thoroughfare at least 100 feet in width.

D. A stand must be located at least 150 feet from any flammable liquid dispensing device or installation.

E. A stand must be located at least 50 feet from any building.

F. A stand must be located no more than 500 feet from a fire hydrant.

G. A stand must be accessible from an improved public street or thoroughfare.

H. The area around the stand must be completely free of hazardous accumulations, including but not limited to dry grass, brush, or debris of any nature, for a distance of not less than 25 feet on all sides.

I. Each stand must have at least two exits located at opposite ends of the stand. Such exits must not be locked while the stand is occupied.

J. The stand must be equipped with at least two approved (U.L. or F.M.) two-and-one-half-gallon water type extinguishers.

K. No heating device of any kind is permitted in the stand.

L. “No Smoking” signs must be prominently posted on the stand. Smoking shall not be permitted within 50 feet of the stand. The stand supervisor shall be responsible for enforcing the no smoking regulations. Signs reading “NO SMOKING WITHIN 50 FEET” and having letters of a minimum size of one and one-half inches shall be displayed on all sides of the stand.

M. A motor vehicle cannot park within 25 feet of a fireworks stand. No cooking or heating shall occur in a motor vehicle located within 25 feet of a fireworks stand.

N. Fireworks shall not be discharged within 250 feet of a fireworks stand. Signs reading “NO DISCHARGE OF FIREWORKS WITHIN 250 FEET” and having letters of a minimum size of one and one-half inches shall be displayed on all sides of the stand.

O. It is unlawful to deliver fireworks to, or store fireworks at, other than the permit location.

P. No fireworks shall be stored outside the stand in any vehicle, trailer, or camper. When the stand is left unattended, the stand must be securely locked against unauthorized entry. Transportation of fireworks to another fireworks location is prohibited. Such fireworks shall remain in the stand during the sales period.

Q. Stand must be under the direct supervision of a competent adult 21 years of age or older at all times.

R. No person may sell fireworks to a person under the age of 16 years. ID is required upon request. Signs reading “NO SALE OF FIREWORKS TO PERSONS UNDER THE AGE OF 16” and having letters of a minimum size of one and one-half inches, shall be displayed on all sides of the stand.

S. Overnight sleeping in a stand is prohibited. A separation distance of 25 feet must be maintained between any trailer, camper, vehicle and the stand.

T. Customers shall not be permitted inside the stand.

U. A clear aisle or walkway must be maintained inside the stand for the full length of the stand.

V. At the end of the sales period, remaining stocks of fireworks must remain in the stand until removed to the suppliers from which they were purchased or to a location approved by the fire chief or his designee. Removal of all fireworks temporary stands and accompanying litter must be accomplished within 24 hours.

W. Each fireworks stand shall have provisions for sufficient off-street parking, at least 15 spaces to avoid impeding a continuous flow of traffic at the entrances and exits from the premises.

X. There must be posted on the exterior of all walls a complete list of those areas where the discharge or ignition of fireworks are prohibited within the city.

Y. In addition to all other signage requirements of the state fireworks law, a sign shall be conspicuously posted at each location where consumer fireworks are sold that reads as follows:

ONLY CONSUMER FIREWORKS LIKE THOSE SOLD AT THIS LOCATION MAY BE DISCHARGED IN THE CITY OF CASHMERE.

DISCHARGE OF FIREWORKS IS PERMITTED ONLY BETWEEN THE HOURS OF 1:00 P.M. AND 11:59 P.M. ON JULY 3 AND JULY 4 AND BETWEEN THE HOURS OF 6:00 P.M. ON DECEMBER 31 AND 1:00 A.M. ON JANUARY 1.

DISCHARGE OF BOTTLE ROCKETS, SKY ROCKETS, MISSILE-TYPE ROCKETS, FIRECRACKERS, SALUTES, AND CHASERS IS ILLEGAL AND WILL SUBJECT THE VIOLATOR TO CIVIL PENALTIES.

(Ord. 1048 § 2, 2004).

8.12.070 Public display of fireworks.

In addition to the requirements of the state fireworks law, the following provisions shall apply to the public display of fireworks:

A. Every public display of fireworks shall be handled by a competent operator approved by the fire chief or his designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the fire chief or his designee, after proper investigation, it will not constitute a hazard to property or endanger any person. Should the fire chief or his designee deny a permit for public display of fireworks, the applicant therefore shall have the right to appeal that denial to the hearing examiner within 10 days after receipt of the fire chief’s decision. Any appeal of the hearing examiner’s decision shall be to Chelan County superior court within 10 days after receipt of the hearing examiner’s decision.

B. A state pyrotechnics license is required for operators of a public display of fireworks.

C. A bond or certificate of insurance must be furnished to the fire chief or his designee before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability (including automobile coverage) insurance policy providing limits of $1,000,000 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Cashmere as an additional insured.

D. All minimum clearances, site dimensions, separation clearances and landing areas shall be subject to review by and approval of the fire chief or his designee. In the sole discretion of the fire chief or his designee, the minimum standards of the state fireworks law may be increased to protect the public and property.

E. The applicant shall provide crowd control for the display. The fire chief or his designee shall determine the level of crowd control necessary, including the number and placement of crowd control monitors. If local law enforcement is providing crowd control, the applicant shall pay the full cost of the required personnel and equipment to the appropriate law enforcement agency prior to the display.

F. If, in the opinion of the fire chief or his designee, the sheriff or the pyrotechnic operator, a lack of fire protection or crowd control poses a danger to the public or property, then the fire chief or his designee, the sheriff or the pyrotechnic operator shall immediately suspend the display until the danger is corrected.

G. The applicant shall provide fire protection for the display. The fire chief or his designee shall determine the level of personnel and equipment necessary. Prior to the public display, the applicant shall pay the full cost of the required personnel and equipment to the City of Cashmere.

H. The denial by the fire chief or his designee of a permit for the public display of fireworks may be appealed to the city council. (Ord. 1048 § 2, 2004).

8.12.080 Prohibited acts.

A. The manufacture of fireworks within the city is prohibited.

B. The discharge of any fireworks in public parks, streets, sidewalks or publicly owned property is prohibited unless a special permit has been approved by the city council and the fire chief or his designee.

C. The discharge of fireworks inside or upon a structure is prohibited.

D. The discharging or throwing of ignited fireworks from watercraft or vessels is prohibited.

E. The discharging or throwing of ignited fireworks from vehicles or buildings is prohibited.

F. Discharge of fireworks is prohibited within 250 feet of any hotel, motel, bed and breakfast, lodging and boarding facility, hospital, nursing home, retirement center, public library, church, synagogue or other place of worship while any persons are in attendance therein. Discharge of fireworks is prohibited within 500 feet of any gasoline station, tank or premises where flammable liquids or gases are used or stored for dispensing at retail, or closer than 250 feet to any area designed as a hazardous fire area by the fire chief or his designee. (Ord. 1048 § 2, 2004).

8.12.090 Seizure of fireworks.

The sheriff’s department, or such other person with whom the city may contract, shall seize, take, remove, or cause to be removed at the expense of the owner, all fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter.

A. Any person whose fireworks are seized under the provisions of this section may within 10 days after such seizure, petition in writing to return the fireworks seized upon the grounds that such fireworks were illegally or erroneously seized. Such petitions shall be considered within 15 days after filing and an oral hearing granted to the petitioner if requested. The decision of the sheriff’s department shall be provided in writing to the petitioner. The sheriff’s department may order the fireworks seized under this chapter disposed, or returned to the petitioner if illegally or erroneously seized, providing such return is in compliance with the state law and this chapter.

B. The determination of the sheriff’s department is final, unless within 60 days an action is commenced in the Chelan County district justice court for the recovery of fireworks seized by the sheriff’s department.

C. Fireworks that are seized or illegal for use and possession in this city shall be turned over to the State Fire Marshal for destruction. (Ord. 1048 § 2, 2004).

8.12.100 Revocation and penalties.

A. Any failure of or refusal by a permittee to comply with the requirement of a permit, to comply with the state fireworks law, to comply with this chapter, or to comply with any lawful requirement or order of the fire chief or his designee concerning fireworks shall be grounds for revocation of a permit by the fire chief or his designee.

B. Unless otherwise designated, violation of this chapter is a civil infraction with a penalty not to exceed $250.00, exclusive of any statutory PSEA assessments. (Ord. 1048 § 2, 2004).

8.12.110 Public service announcements – Safe fireworks handling and discharge.

Wholesalers distributing consumer fireworks for retail sale in the city of Cashmere shall conduct public service announcements during the time period of June 30th through July 4th of each calendar year. Such public service announcements shall be conducted by means sufficient to reach city of Cashmere residents and shall provide information regarding safe handling and discharge of consumer fireworks, illegal fireworks, and restrictions on the days and times during which consumer fireworks may be lawfully discharged. Public service announcements may be jointly conducted by fireworks wholesalers. (Ord. 1048 § 2, 2004).

8.12.120 Fireworks – Emergencies – Restrictions on sale and use.

The fire chief or his designee may prohibit the discharge of all fireworks during periods of extreme fire danger. (Ord. 1048 § 2, 2004).

8.12.130 Special effects for entertainment productions.

This chapter does not prohibit the assembling, compounding, use, and display of special effects by any person engaged in the production of motion pictures, radio, television productions or live entertainment when such use and display is a necessary part of the production and such person possesses a valid permit issued by the fire chief or his designee. (Ord. 1048 § 2, 2004).

Chapter 8.14

MULCHING CENTER

Sections:

8.14.010 Permitted materials.

8.14.020 Prohibited materials – Dumping.

8.14.030 Violation – Penalty.

8.14.010 Permitted materials.

The only materials which may be deposited on city property known as the “Mulching Center” located on Hagman Road are the following:

A. Leaves;

B. Grass clippings;

C. Tree limbs and branches under 10 inches in diameter;

D. Small tree stumps under 10 inches in diameter. (Ord. 902 § 1, 1997).

8.14.020 Prohibited materials – Dumping.

A. No other materials, except those described in CMC 8.14.010, may be deposited at the Mulching Center. The prohibited materials include, without limitation, the following:

1. Cardboard and cardboard boxes;

2. Plastic of any type;

3. Lumber of any type;

4. Pallets;

5. Construction scraps of any type;

6. Tree stumps over 10 inches in diameter;

7. Any refuse or garbage.

B. It shall also be a violation of this chapter to dump or deposit any material in a location at the Mulching Center designated “No Dumping”. (Ord. 902 § 2, 1997).

8.14.030 Violation – Penalty.

Any person depositing materials at the Mulching Center in violation of this chapter is guilty of a misdemeanor and shall pay a fine not to exceed $1,000 per violation. (Ord. 902 § 3, 1997).

Chapter 8.16

GARBAGE

Sections:

8.16.010 Purpose.

8.16.020 Definitions.

8.16.030 Containers – Requirements.

8.16.040 Unlawful disposal.

8.16.050 Dead animal disposal.

8.16.060 Collection – Administration.

8.16.070 Removal of large quantity by owner – Notice – Violation.

8.16.080 Rates and charges.

8.16.090 Collection by city not required when – Authority of superintendent.

1See also Ch. 8.40 CMC, Solid Waste Management Plan.

8.16.010 Purpose.

The maintenance of health and sanitation require and it is the intention of this chapter to make compulsory and mandatory the collection of all garbage, waste, and dead animals in the city. (Ord. 466 § 1, 1973).

8.16.020 Definitions.

For the purposes of this chapter, the following words shall have the meanings ascribed to them as follows:

A. “Garbage” includes and means all kitchen and table refuse, offal, swill, and every accumulation of animal and vegetable matters and substances, and other substances that, in the process of decomposition, give off odors offensive to the senses or that attract flies or in any other way are offensive.

B. “Waste” includes broken crockery, discarded glassware, metal, rags, boxes, paper, straw, prunings and cuttings, packing material, ashes, and all other discard or waste substance not included in “garbage.” (Ord. 466 § 2, 1973).

8.16.030 Containers – Requirements.

Upon accumulation of garbage on any premises in the city, it shall be deposited in containers of not less than 15 gallons and not more than 32 gallons capacity each, properly covered so as to prevent flies entering or escaping from the same, free from leaks, located conveniently to street or alley, and maintained at all times in such condition that garbage will readily pour therefrom. Every dwelling, rooming house, hotel, restaurant, meat market, grocery store, and other place or building or business where garbage may accumulate shall be provided by the owner thereof with one or more garbage cans as mentioned hereinabove, as shall be necessary to hold all accumulations of garbage between collections thereof by the city. All waste shall be piled or boxed neatly and shall be broken or cut up in such a way as to be conveniently handled and loaded. No garbage or waste shall be scattered or allowed to become scattered in or on any street or alley in the city. No garbage shall be scattered or be allowed to become scattered in any place in the city. (Ord. 466 § 3, 1973).

8.16.040 Unlawful disposal.

No garbage or waste shall be disposed of in the city or on city-owned property except under the direction of the city officials, employees or agents charged with the handling and collection of garbage and waste. It shall be unlawful for a person to dispose of garbage or waste in any container or dumpster or other location belonging to another. The penalty for such unauthorized disposal shall be a civil penalty of not more than $1,000 for each offense. (Ord. 968 § 1, 2000; Ord. 782 § 1, 1991; Ord. 466 § 4, 1973).

8.16.050 Dead animal disposal.

Any person owning or finding any dead animal any place in the city not butchered for the purpose of using the meat thereof, shall immediately report the same to the city superintendent of utilities, and the owner of any such dead animal weighing more than 200 pounds shall immediately dispose of the same at his expense under the directions of the superintendent. (Ord. 466 § 5, 1973).

8.16.060 Collection – Administration.

The collection and disposal of all garbage and waste in the city shall be in the charge of the city superintendent of utilities, and the garbage shall be collected and transported in, and disposed of, with equipment, facilities and places provided by the city from time to time, except as hereinafter provided. (Ord. 466 § 6, 1973).

8.16.070 Removal of large quantity by owner – Notice – Violation.

The owner or owners of any establishment having large quantities of garbage or waste or both, the result of any commercial operation, such as apple peeling, cull fruit or agricultural products, large amounts of plaster, brick, and other building materials, and other such garbage and waste shall remove and dispose of the same at his own expense and in accordance with rules and regulations of the superintendent of utilities. Upon violation of this provision or any other provision of this chapter, a citation will be issued to the violators stating the nature of the violation and giving the violator a 10-day period in which to correct said violation. If said violation is not corrected within said period, a violation will exist. (Ord. 466 § 7, 1973).

8.16.080 Rates and charges.

The city council shall establish and, as deemed appropriate, amend by resolution rates to be paid for refuse service provided by the city. The rates shall be published in the “City of Cashmere General Information and Utility Regulations and Rates” booklet as first adopted on September 26, 1994, by resolution of the city council and as may be updated as necessary by resolution of the city council to reflect changes in regulations, fees, and charges. (Ord. 967 § 1, 2000; Ord. 939 § 1, 1999; Ord. 931 § 1, 1998; Ord. 914 § 1, 1997; Ord. 909 § 1, 1997; Ord. 842 § 1, 1994; Ord. 790 § 1, 1991; Ord. 775 § 1, 1991; Ord. 753 § 1, 1990; Ord. 702 § 1, 1986; Ord. 697, 1985; Ord. 676, 1984; Ord. 628 § 1, 1981; Ord. 598 § 1, 1979; Ord. 466 § 9, 1973).

8.16.090 Collection by city not required when – Authority of superintendent.

The superintendent of utilities is authorized to waive, at his discretion, the requirement of CMC 8.16.010 making it compulsory and mandatory that the city collect all garbage within its jurisdiction. The superintendent of utilities shall consider each situation which may make it impractical for the city to collect and dispose of garbage on particular premises or in particular localities. After his inspection of the premises and decision that particular premises or particular localities may be more conveniently or practically serviced privately, he shall so inform the city clerk-treasurer who will discontinue billing the premises or property concerned for garbage services.

The superintendent of utilities may, at any time and for any reason which he deems to be in the best interest of the city, order that the city collect and dispose of garbage on any premises privately disposing of garbage under the terms of this chapter. (Ord. 471, 1973; Ord. 466 § 12, 1973).

Chapter 8.24

ABANDONED ICE BOXES AND CONTAINERS

Sections:

8.24.010 Unlawful when.

It is unlawful to leave or have, in any place accessible to children, any abandoned, unused, or discarded refrigerator, ice box, or like container, of a capacity of one and one-half cubic feet or more, unless all doors thereon may be readily opened from the inside thereof or have been removed therefrom and unless all locks or locking devices have been removed therefrom. (Ord. 333 § 1, 1954).

Chapter 8.28

ENVIRONMENTAL POLICY ACT

(Repealed by Ord. 936)

1971).

Chapter 8.36

PUBLIC NUISANCES

Sections:

8.36.010 Nuisance defined.

8.36.020 Public nuisances affecting health.

8.36.030 Public nuisances affecting peace and safety.

8.36.040 Notification.

8.36.050 Failure to comply with notice.

8.36.060 Maintaining or permitting nuisance declared violation.

8.36.070 Abatement.

8.36.010 Nuisance defined.

A nuisance is a thing, act, omission to act, occupation or use of property which:

A. Unreasonably annoys, injures or endangers the safety, health, comfort, or repose of the public;

B. Offends public decency;

C. Unlawfully interferes with, obstructs, or renders dangerous for passage, navigable rivers, streams, canals, or a public park, square, street, alley, highway or sidewalk;

D. In any way renders the public insecure in life or use of property. (Ord. 572 § 1, 1978).

8.36.020 Public nuisances affecting health.

The following are declared to be nuisances affecting health:

A. All decayed or unwholesome food offered for sale to the public;

B. All diseased animals running at large;

C. All ponds or pools of stagnant water;

D. Carcasses of animals not buried or destroyed within 24 hours after death;

E. Accumulations of manure or rubbish;

F. Privy vaults and garbage cans which are not fly tight;

G. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes, or other substances;

H. All noxious weeds and other rank growths upon public or private property;

I. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;

J. Offensive trades and businesses as defined by statute not licensed by the county health officers as provided by law;

K. All public exposure of persons having a contagious disease;

L. The use of a common public drinking cup or roller towel;

M. All other acts, omissions of acts, occupations and uses of property which are deemed by the health officer to be a menace to the health of the inhabitants of this city, or any considerable number thereof;

N. The insufficient covering and sealing of unused wells. (Ord. 572 § 2, 1978).

8.36.030 Public nuisances affecting peace and safety.

The following are declared to be nuisances affecting public peace and safety:

A. All snow and ice not removed from public sidewalks within a reasonable time after the snow and ice has ceased to be deposited thereon;

B. All buildings, walls and other structures which have been damaged by fire, decay or otherwise so as to endanger the safety of the public;

C. All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by ordinance;

D. Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under such conditions as are provided by ordinance;

E. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks;

F. All hanging signs, awnings and other similar structures over the streets or sidewalks, or so situated as to endanger public safety, not constructed and maintained as provided by ordinance;

G. The keeping or harboring of any dog or other animal which by frequent or habitual howling, yelping, barking or the making of other noises, or the keeping or harboring of any fowl which by frequent habitual crowing or the making of other noises shall annoy or disturb a neighborhood or any considerable number of persons, as provided by ordinance;

H. All other conditions or things which are liable to cause injury to the person or property of anyone;

I. All places used or maintained as a junkyard, or dumping grounds, or for the wrecking of automobiles, trucks, tractors, boats, or machinery of any kind, or for the storing or leaving of worn out, wrecked, stripped or abandoned automobiles, trucks, boats or other machinery of any kind, or of any of the parts thereof;

J. The keeping, using or maintaining of any pen, stable, lot, place or premises in which any hog, cattle, dogs, fowl, or other animals of any sort may be confined or kept, in such manner as to be nauseous, foul or offensive, as provided by ordinance;

K. All loud noises which destroy or disturb the peace and quiet of the residents of the city;

L. The unreasonable acceleration of motor vehicles so as to cause backfiring and/or excessive noise;

M. All barbed wire fences which are located within three feet of any public sidewalk, and any fence charged with electricity in any amount whatsoever;

N. Riding or leading horses upon the sidewalks or parking strips, public parks, or any public property anywhere within the city limits;

O. The repair or abandonment of an automobile, truck or other motor vehicle of any kind upon the public streets or alleys of the city, or private property as provided by ordinance;

P. The dumping, throwing, placing, leaving or causing to be permitted or dumped, thrown, placed, or left, any filth, paper, cans, glass, rubbish, trash, garbage, grass trimmings, shrub trimmings, and shrubbery of any kind in or upon any street, alley, sidewalk, ditch, or private property of another in the city;

Q. The permitting to remain outside any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling, or other structure, in a place accessible to children, any abandoned, unattended, or discarded icebox, refrigerator, or other container, which has an airtight door or lid, snap lock or other automatic locking device, which may not be released from the inside, without first removing said door or lid, snap lock, or other locking device, as provided by ordinance;

R. The permitting any unused well, cistern or storing tank to remain on any real property without first demolishing or removing from the city such storage tank or securely closing and barring any entrance or trap door thereto, or without filling any well or cistern, or capping the same without sufficient security. (Ord. 572 § 3, 1978).

8.36.040 Notification.

An enforcement officer appointed by the mayor, having knowledge of any public nuisance, shall cause any owner or other responsible person to be notified of the existence of a public nuisance on any premises and shall direct the owner or other responsible person to abate the condition within 10 days after notice or other reasonable period. The notice shall be substantially in the following form:

NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION

(Name and address of person notified)

As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at _________ you are hereby notified that the undersigned pursuant to Chapter ____ of the City of Cashmere Code has determined that there exists upon or adjoining said premises the following conditions contrary to the provisions of subsection ___ of Section _______:

You are hereby notified to abate said condition to the satisfaction of the undersigned within 10 days of the date of this notice. If you do not abate such condition within __ days the city will abate the condition at your expense.

Abatement is to be accomplished in the following manner:

Dated: ___________

(Name of enforcement officer)

By: _____________________

(Ord. 572 § 4, 1978).

8.36.050 Failure to comply with notice.

If, within 10 days after receiving a proper notice in writing for the abatement of any nuisance detrimental to health, safety or welfare, or source of health as hereinabove defined, the person owning, occupying or controlling such premises fails, neglects or refuses to remove the same, such nuisance may be removed or abated by the city law enforcement agents and the person on whom such notice for the removal of same was served, in addition to incurring the penalty to be provided, shall become indebted to the city for damages, costs and charges incurred by the city in the removal of such nuisance. Such costs and charges shall be recovered by a civil action brought by the city against said persons so served with such notice. In the event such civil action is necessary to abate the nuisance or to collect damages, the city shall also be entitled to recovery of attorney fees in the prosecution of such actions. Such debts shall be collectible in the same manner as any other civil debts owing to the city. (Ord. 601 § 1, 1980; Ord. 572 § 5, 1978).

8.36.060 Maintaining or permitting nuisance declared violation.

Every person who commits or maintains a public nuisance for which no special punishment is prescribed; or wilfully omits or refuses to perform any legal duty relating to the removal of such nuisance; and every person who lets or permits to be used any building or lot or portion thereof, knowing that it is intended to be or is being used, for committing or maintaining any such nuisance, is guilty of a violation of this chapter. (Ord. 572 § 6, 1978).

8.36.070 Abatement.

The magistrate before whom there may be pending any proceeding for a violation of maintaining or permitting a nuisance, except as defined in this chapter, shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated and all property unlawfully used in maintenance thereof destroyed by the city law enforcement agents at the cost of the defendant. (Ord. 572 § 7, 1978).

Municipal Code

Title 1- General Provisions

Title 2- Administration & Personnel

Title 3- Revenue & Finance

Title 4- Not Used

Title 5- Bus Taxes, Licenses & Regs

Title 6- Animals

Title 7- Not Used

Title 8- Health & Safety

Title 9- Public Peace, Morals & Welfare

Title 10- Vehicles

Title 11- Not Used