City of Cahsmere

It is unlawful for any person, firm, or corporation to keep for sale, keep for use, store or place any dynamite or other highly dangerous explosive within the corporate limits of the city. (Ord. 137 § 1, 1920).

8.04.020 Storage regulations.

No person or persons shall have or keep in any building or buildings within the corporate limits, or store or place in any dugout, or keep in any manner, unless by special permit of the council first had and obtained under and subject to the provisions of this section and CMC 8.04.030 through 8.04.050, more than 25 pounds of dynamite, blasting or gun powder, or Hercules powder. Such powder must be kept in some receptacle of iron so that, in case of fire, it may be conveniently removed. The person or persons so keeping the same shall at least twice each year inform, in writing, the chief of the fire department where said explosives are kept. Any amount of said explosives in excess of 25 pounds must, at all times, be kept as provided in CMC 8.04.030, 8.04.040, and 8.04.050. (Ord. 54 § 1, 1907).

8.04.030 Compliance required.

No person shall keep within the corporate limits any nitroglycerine, dynamite or other explosives whatsoever, other than those named in CMC 8.04.020, except as provided in CMC 8.04.040 and 8.04.050. (Ord. 54 § 2, 1907).

8.04.040 Permit - Issuance.

Before it is lawful for any person or persons, firm or corporation, to keep, handle or store, deal in or use any explosives whatsoever except as hereinbefore provided for within the corporate limits, such person or persons, firm or corporation, shall first have and obtain from the city council a written permit therefor, signed by the mayor and attested by the clerk-treasurer, granting to such person or persons, firm or corporation, the privilege of keeping, storing, handling or using any of the explosives mentioned in CMC 8.04.020 and 8.04.030 except as hereinbefore provided to the contrary. (Ord. 54 § 3, 1907).

8.04.050 Permit - Bond requirement.

Before any such permit shall be issued by the city the person or persons, firm or corporation making application therefor shall execute and deliver to the city, a good and sufficient bond in the sum of $1,000 with one or more good and sufficient sureties, said bond to be approved by the city council, conditioned that the person or persons, firm or corporation so applying for said permit to handle the explosives as therein set forth, shall save the city harmless from all damages or loss that might thereafter be caused on account of the storage, keeping, handling or using of the aforesaid explosives within the city. (Ord. 54 § 4, 1907).

8.04.060 Flammable or explosive liquid - Storage prohibited - Exceptions.

No person or persons, firm or corporation shall have or keep in storage in any garage, store or other building, or at all, within the corporate limits of the city, or keep in any manner whatsoever, any gasoline flammable liquids or explosives and the products thereof of greater flammability than kerosene oil, United States Standard, and a greater quantity than five gallons, unless by special permit of the city council, in writing, signed by the mayor and attested by the clerk-treasurer, first had and obtained and subject to the provisions of this section; provided, said kerosene oil, United States Standard, may be kept for sale according to law, but in quantities not exceeding five barrels; and provided further, no special permits shall be required for the keeping of said gasoline or other explosives when the same is stored or kept in underground tanks or containers according to the regulations of the Uniform Fire Code, 1973 Edition, as prepared by the International Conference of Building Officials and the Western Fire Chiefs Association, as now enacted or hereafter amended. (Ord. 535 § 1, 1977; Ord. 195 § 1, 1930).

8.04.070 Storage not to obstruct building egress.

It is unlawful for any person, persons, firm or corporation to keep, store or place any explosive or inflammable compound or combustible material of any kind under or upon the stairway of any building, or in any place which shall obstruct or render egress from such building hazardous in case of fire. (Ord. 137 § 5, 1920).

Chapter 8.08

FIRE HAZARDS

Sections:

8.08.010 Wood and boxes - Storage limitations.

8.08.020 Combustible rubbish - Daily disposal.

8.08.030 Combustible rubbish - Storage in incombustible receptacles.

8.08.040 Combustible rubbish - Accumulation on roof or yard prohibited.

8.08.050 Burning prohibition.

8.08.060 Storage of combustible materials.

8.08.010 Wood and boxes - Storage limitations.

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 Applicability.

8.12.020 Definitions.

8.12.030 Permits.

8.12.040 Authority.

8.12.050 Legal fireworks.

8.12.060 Retail sales and discharge of fireworks.

8.12.070 Operation of retail outlets.

8.12.080 Public display of fireworks.

8.12.090 Prohibited acts.

8.12.100 Seizure of fireworks.

8.12.110 Penalty clause.

8.12.120 Authority of mayor.

8.12.010 Applicability.

This chapter shall apply to the manufacture, possession, storage, sale, transportation, and use of fireworks. Nothing in this chapter shall be construed to prohibit:

A. By railroad or other transportation agencies for signal or illumination purposes;

B. For signal purposes in athletics or sports;

C. By military organizations;

D. The sale and use for blank cartridges for show or theater. (Ord. 757 § 2, 1990).

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. Effective June 1, 1990, 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. 757 § 3, 1990).

8.12.030 Permits.

A. Permits shall cost $20.00 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.

Exception: 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.

Exception:

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 8.12.060 and in accordance with subsection (A)(1) of this section;

6. To use or discharge fireworks inside a structure;

7. To use or discharge fireworks for ceremonial purposes; provided that there shall be no fee for such permit.

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 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 Cashmere fire department. The form shall have all pertinent information and be properly filled out by the applicant at the time of application.

C. No person under 18 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. The fire chief or his designee may issue permits for the transportation and storage of fireworks in bulk quantities under United States Department of Transportation classifications describing such quantity limitations, duration and conditions of storage or transport as the fire chief may deem necessary to provide for the public safety.

F. Number of Permits. No one organization, person, firm, copartnership, or corporation may receive more than one permit for the retail sale of common fireworks during one calendar year. The maximum number of permits which may be issued pursuant to this chapter during any calendar year shall not exceed one for each 3,000 residents of the city, or major portion thereof, according to the last official census. (Ord. 757 § 4, 1990).

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 and the police chief or their designees have authority to enforce the provisions of this chapter. (Ord. 757 § 5, 1990).

8.12.050 Legal fireworks.

A. Fireworks which are defined as common fireworks in this chapter are legal for sale and use within the city as set forth in this chapter.

B. Fireworks which are not common fireworks are expressly prohibited for sale, transportation, discharge, storage, or use within the city unless the fire chief or his designee has issued a permit for such purpose. (Ord. 757 § 6, 1990).

8.12.060 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, use or discharge of any fireworks in the city prior to 12:00 noon on June 28th or after 12:00 noon on July 6th each year is prohibited except from 6:00 p.m. on December 31st until 1:00 a.m. on January 1st of the subsequent year and except where authorized by fire department permit or exempted under CMC 8.12.010.

No common fireworks will be sold or discharged except between the following hours and dates:

June 28 12:00 noon to 10:00 p.m.

June 29 – July 5 9:00 a.m. to 10:00 p.m.

July 6 9:00 a.m. to 12:00 noon

December 31 6:00 p.m. to 12:00 midnight

January 1 12:01 a.m. to 1:00 a.m.

There shall be no fireworks sold or discharged during 1992 because of the extremely hazardous fire conditions.

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

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

E. 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.

F. 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.

G. 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.

H. The proposed stand is constructed in a manner which shall insure 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.

I. The location of a fireworks stand must be approved by the fire chief or his designee. (Ord. 958 § 1, 1999; Ord. 797 § 1, 1992; Ord. 757 § 7, 1990).

8.12.070 Operation of retail outlets.

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 issued only for the retail sale of common fireworks.

B. 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.

C. A stand must be located at least 100 feet from any flammable liquid dispensing device or installation.

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

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

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

G. 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.

H. 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.

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

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

K. “No Smoking” signs must be prominently posted on the stand in the vicinity of the stand. Smoking shall not be permitted within 25 feet of the stand. The stand supervisor shall be responsible for enforcing the no smoking regulations.

L. 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.

M. Fireworks shall not be discharged within 100 feet of a fireworks stand. Signs to this effect shall be posted conspicuously at the stand.

N. In transporting fireworks from warehouses to stands (such as during resupply), all federal, state, and local transportation requirements must be met, including, but not limited to placarding requirements for vehicles carrying over 1,000 pounds of fireworks.

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 18 years of age or older at all times. The location of the closest telephone must be prominently posted within the stand.

R. Effective June 1, 1990, no person may sell fireworks to a person under the age of 16 years.

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. (Ord. 757 § 8, 1990).

8.12.080 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 therefor shall have the right to appeal that denial to the city council, which shall consider such application, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for.

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 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. Transportation and Storage.

1. All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9(b) prior to reaching the display site.

2. As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry.

3. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to supplier's instructions.

4. All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to the fire line) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flameproof water repellent canvas cover until emptied.

5. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharging site.

6. During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site.

E. Preparation of Site and Crowd Control.

1. All dry grass, weeds and other combustible waste material within 50 feet of the firing site shall be removed.

2. The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object.

3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter.

4. The firing and storage site shall be located not less than 200 feet from any building.

5. The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. The requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site.

6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations.

F. Installation of Mortars.

1. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground displacement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed.

2. Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointing toward the water.

3. Mortars shall be either buried securely into the ground to a depth of two-thirds to three-quarters of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing.

4. In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to the placement in the ground to protect the mortar against moisture.

5. Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar.

6. Sandbags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to down-range side of the discharge site.

G. Operation of the Display.

1. The operator shall provide fire protection at the site as required by the fire chief or his designee.

2. Only permitted fireworks are authorized for use.

3. If in the opinion of the fire chief or his authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected.

4. If at any time high winds or unusually wet weather prevail such that, in the opinion of the fire chief, his authorized representative, or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks.

5. Light snow or mist need not cause cancellation of the display, however, all materials used in the display shall be protected from the weather until immediately prior to use.

6. Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination.

7. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted.

8. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area.

9. The mortars shall be reangled or reset if necessary at any time during the display.

10. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions.

11. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions.

12. Operators shall not dry a wet shell, lance, or pot for reuse.

13. The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shell found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions.

14. When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following morning.

15. Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city to the supplier from which they were purchased or to a location approved by the fire chief or his designee.

H. The denial by the fire chief of a permit for the public display of fireworks may be appealed to the city council. (Ord. 757 § 9, 1990).

8.12.090 Prohibited acts.

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

B. The discharge of any fireworks in public parks is prohibited unless approved by the city superintendent, the fire chief or his designee.

C. The discharge of fireworks inside or upon a structure is prohibited, unless a permit has been obtained from the fire chief or his designee.

D. The discharging or throwing of ignited fireworks from watercraft or vessels is prohibited, unless a permit has been obtained from the fire chief or his designee.

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

F. Fireworks shall not be transported in or upon vehicles used for mass transportation such as buses or trains. (Ord. 757 § 10, 1990).

8.12.100 Seizure of fireworks.

The police chief, 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 police chief shall be provided in writing to the petitioner. The police chief 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 police chief 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 police chief.

C. If the fireworks are not returned to the petitioner or destroyed, the police chief may sell all confiscated common fireworks and special fireworks that are legal for use and possession under state law and this chapter to wholesalers licensed by the state. Sales shall be made by public auction after publishing a notice of the date, place and time of the auction in a newspaper of general circulation within the city. Such notice of public auction shall be made at least 14 days prior to the date of auction. The proceeds of any sale of seized fireworks under this chapter, shall be deposited in a special fund which shall be used for the sole purpose of educating the public on fireworks safety.

D. Fireworks that are illegal for use and possession in this city shall be turned over to the state fire marshal for destruction. (Ord. 757 § 11, 1990).

8.12.110 Penalty clause.

Any person convicted of violating any of the provisions of this chapter shall be punished by payment of a fine of up to $500.00, or a jail sentence of up to six months, or both such fine and imprisonment, for each violation of the provisions of this chapter. (Ord. 757 § 12, 1990).

8.12.120 Authority of mayor.

The mayor is hereby authorized to implement such administration procedures as may be necessary to carry out the directions of this legislation. (Ord. 757 § 15, 1990).

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 8.20

OFFENSIVE CONDITIONS

Sections:

8.20.010 Generally.

8.20.020 Unauthorized drainage prohibited.

8.20.030 Hotel, restaurant and boardinghouse – Keeper’s duties.

8.20.040 Cesspools and vaults – Cleaning required.

8.20.050 Required distance from wells.

8.20.060 Animal manure, rubbish or litter.

8.20.070 Litter or unsightly objects.

8.20.080 Abatement notice for violation of CMC 8.20.050 through 8.20.070.

8.20.090 Abatement notice – Service.

8.20.100 Violation of CMC 8.20.050 through 8.20.080 – Penalty.

8.20.010 Generally.

No person shall suffer any cellar, vault, cesspool, private drain, privy or sewer upon any premises owned or occupied by him or her within the limits of the city to become nauseous, offensive or injurious to the public health and no person shall cause or permit any manure, garbage, offal, slop or any vegetable or animal matter or nauseous or offensive substance to be dumped upon or deposited or remain upon any premises under his or her control or on any street, alley or public place adjacent thereto, or deposit or cause to be deposited any such substance upon any grounds within the city without the express permitting of the city council. (Ord. 34 § 1, 1906).

8.20.020 Unauthorized drainage prohibited.

No person shall throw or deposit offal or offensive matter or the carcass of any animal, or allow any stable, corral, hog pen or sheep pen, sewer, cesspool, house drain, privy, vault, slaughterhouse or pen, laundry or dye establishment to drain into any place other than that which the council may direct. (Ord. 34 § 2, 1906).

8.20.030 Hotel, restaurant and boardinghouse – Keeper’s duties.

Every keeper of a hotel, restaurant or boardinghouse, lodging house or tenement house shall have proper and suitable conveyances or receptacles for receiving garbage, slops or other refuse matter, and shall have the same removed, when necessary, to such dumping ground or as the city council may designate. (Ord. 34 § 3, 1906).

8.20.040 Cesspools and vaults – Cleaning required.

It is the duty of all persons in the city to keep all privy vaults, cesspools or garbage or slop receptacles on property owned or occupied by them, clean and to properly clean and disinfect them with lime or other effective disinfectants whenever notified to do so by the marshal, and any expense for cleaning or disinfecting such vaults, cesspools or receptacles or abating any nuisance shall be paid by the owner of the property. (Ord. 34 § 4, 1906).

8.20.050 Required distance from wells.

It is unlawful for any person, firm or corporation to build, keep, maintain or permit on his, their or its premises in the city any privy, cesspool, pigpen, horse or stock barn within a distance of 500 feet from the city well and a distance of 250 feet from any private well from which water is supplied for drinking purposes. (Ord. 108 § 1, 1915).

8.20.060 Animal manure, rubbish or litter.

It is unlawful for any person, firm or corporation owning, leasing, maintaining or operating any horse or stock barn, yard, pigpen or other enclosure where animals are kept, to permit any manure, rubbish, litter or offal to remain or to be in or around the same, except the same be kept in an air or fly tight receptacle. (Ord. 108 § 2, 1915).

8.20.070 Litter or unsightly objects.

It is unlawful for any person, firm or corporation to keep, maintain or permit to be kept, or maintained any offensive, noisome, noxious or unsightly objects or things upon his, their or its premises, or any offal, wreckage, scraps, tin cans or litter of any kind. (Ord. 108 § 3, 1915).

8.20.080 Abatement notice for violation of CMC 8.20.050 through 8.20.070.

The board of health of the city shall serve a notice upon any person, firm or corporation violating the provisions of CMC 8.20.050 through 8.20.070 and requiring them to abate and remove the same within five days from the date of such notice. (Ord. 108 § 4, 1915).

8.20.090 Abatement notice – Service.

The notice provided for in CMC 8.20.080 may be served either by posting a copy thereof upon the premises where such offense or offenses are being committed, by personal service of a copy of such notice, or by mailing to the owner or owners of the property upon which said offenses are being committed a copy of said notice. If served by mail, a copy of this chapter shall accompany such notice. The affidavit of the health officer that such notice has been served shall be prima facie evidence thereof in any prosecution for the violation of CMC 8.20.050 through 8.20.080. (Ord. 108 § 5, 1915).

8.20.100 Violation of CMC 8.20.050 through 8.20.080 – Penalty.

Any person, firm or corporation violating any of the provisions of CMC 8.20.050 through 8.20.080 shall be fined in the sum not exceeding $50.00 and cost of prosecution for each and every day such nuisance is allowed to remain or exist after the date fixed by the board of health of the city in such notice for the removal or abatement of the same; in case of refusal to pay such fines and costs, shall be punished in accordance with city ordinance. (Ord. 108 § 6, 1915).

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)

Chapter 8.32

SELF-SERVICE GASOLINE STATIONS

Sections:

8.32.010 Compliance with chapter regulations.

8.32.020 Attendants – Number required – Duties.

8.32.030 Qualifications of attendants.

8.32.040 Remote control room.

8.32.050 Communication system.

8.32.060 Automatic shutoff nozzle.

8.32.070 Automatic locking device.

8.32.080 Locking dispensing units.

8.32.090 “No Smoking” signs.

8.32.100 Customer control.

8.32.110 Code requirements.

8.32.120 Deliveries to station.

8.32.130 Compliance.

8.32.010 Compliance with chapter regulations.

The operation and use of unattended coin-operated or self-service dispensing units for Class 1 liquids (gasoline), as defined by the National Fire Protection Association Code as presently adopted or hereafter from time to time amended, except in accordance with the regulations contained in this chapter, is prohibited. (Ord. 450 § 1, 1971).

8.32.020 Attendants – Number required – Duties.

There shall be not less than one attendant on duty for each 12 dispensing units or nozzles or fraction thereof at all times while the station is open to the public. The primary function of the attendant shall be the supervision of the dispensing of gasoline by the self-service customer in use of self-service gasoline dispensing equipment. (Ord. 450 § 2, 1971).

8.32.030 Qualifications of attendants.

Each attendant shall be over the age of 16 years and shall not serve until after he has been thoroughly instructed in the operation of the public address system, the fire extinguishing apparatus, and the operation of the dispensing units and safety regulations for the dispensing of Class 1 liquids, as mentioned in this chapter. (Ord. 450 § 3, 1971).

8.32.040 Remote control room.

Dispensing units shall be controlled from a control room containing devices to enable the attendant to control the operation or dispensing units therefrom. Each control room shall be so located that the operator shall have a clear and unobstructed view of all pump islands. (Ord. 450 § 4, 1971).

8.32.050 Communication system.

A two-way communication system of the public address type shall be maintained to provide direct and individual communication between the remote control room and each pump island. (Ord. 450 § 5, 1971).

8.32.060 Automatic shutoff nozzle.

Each self-service gasoline pump shall be provided with an automatic shutoff nozzle without a latch-open device, and with a vacuum-operated valve so designed and constructed as to automatically shut off before gasoline overflows. Each such nozzle shall be maintained in proper and effective operating condition at all times. (Ord. 450 § 6, 1971).

8.32.070 Automatic locking device.

Each dispensing unit shall be provided with an automatic locking device that prevents the reuse of the unit after the hose has been replaced until the unit has been manually unlocked. A computing pump that automatically prevents reuse until manually reset shall be accepted as complying with the provisions of this section. (Ord. 450 § 7, 1971).

8.32.080 Locking dispensing units.

Each dispensing unit shall be kept locked or otherwise maintained inoperable at all times when the station is unattended. (Ord. 450 § 8, 1971).

8.32.090 “No Smoking” signs.

Each self-service station shall be equipped with sufficient “No Smoking” signs as to be readily observable by patrons from any point within the dispensing area. (Ord. 450 § 9, 1971).

8.32.100 Customer control.

No person under the age of 16 years shall use or operate a gasoline dispensing unit. The attendant shall shut off each dispensing unit sought to be operated by any person who is under such age or fails to follow the attendant’s instructions. (Ord. 450 § 10, 1971).

8.32.110 Code requirements.

Each self-service station shall be constructed and maintained in accordance with the applicable sections of the Uniform Building Code, Volume 1, and National Fire Protection Association Standard No. 30, 1969 Edition. Fire-extinguishing equipment shall be provided as required by the National Fire Protection Association Standard No. 10, 1970 Edition. (Ord. 450 § 11, 1971).

8.32.120 Deliveries to station.

No deliveries of Class 1 liquids to self-service stations in excess of 2,500 gallons shall be made between the hours of 7:00 a.m. and 7:00 p.m. of any day. (Ord. 450 § 12, 1971).

8.32.130 Compliance.

Self-service stations in operation on the date of the adoption of the ordinance codified in this chapter shall comply with all its provisions within six months of the adoption thereof. Nothing contained in this chapter shall relieve any person of the necessity of obtaining building permits as otherwise required for construction or remodelling. (Ord. 450 § 13, 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).

Chapter 8.40

SOLID WASTE MANAGEMENT PLAN

Sections:

8.40.010 Adoption of plan.

8.40.020 Copies on file.

8.40.010 Adoption of plan.

The city adopts by reference the Comprehensive Solid Waste Management Plan for Chelan and Douglas Counties, dated May 6, 1982, as and for its statement of policy and procedures regarding solid waste management within the city. (Ord. 684 § 1, 1985).

8.40.020 Copies on file.

Three detailed complete copies of the Chelan-Douglas County Solid Waste Management Plan are on file with the city clerk-treasurer of the city of Cashmere, City Hall, Cashmere, Washington. (Ord. 684 § 2, 1985).

Chapter 8.44

SLUDGE MANAGEMENT PROGRAM

Sections:

8.44.010 Adoption of plan.

8.44.020 Copies on file.

8.44.010 Adoption of plan.

The city adopts by reference the Chelan-Douglas County Sludge Management Program as and for its statement of policy and procedures regarding sludge management within the city. (Ord. 685 § 1, 1985).

8.44.020 Copies on file.

Three detailed complete copies of the Chelan-Douglas County Sludge Management Program are on file with the city clerk-treasurer of the city of Cashmere, City Hall, Cashmere, Washington. (Ord. 685 § 2, 1985).

Chapter 8.48

RESIDENTIAL CARE FACILITIES AND ADULT FAMILY HOMES

Sections:

8.48.010 Purpose.

8.48.020 Definitions.

8.48.010 Purpose.

The city council finds that housing facilities for special needs populations are protected under provisions of the Federal Fair Housing Amendments Act of 1988. Location of such facilities within the city is critical to the well-being of special needs members of the community, and fulfills a needed community service. Further, it is the purpose of this chapter to facilitate the citing of residential care facilities and adult family homes in the city. (Ord. 776 § 1, 1991).

8.48.020 Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. "Adult family home" means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010). Adult family homes are a permitted use in all areas zoned for residential use (RCW 70.128.175).

B. "Family" means an individual or two or more persons related by blood or marriage, or two or more persons with functional disabilities as defined herein, or a group of not more than six unrelated persons, living together to share a single household unit.

C. "People with functional disabilities" means:

1. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:

a. Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living, or

b. Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible, or

c. Having a physical or mental impairment which substantially limits one or more of such person's major life activities, or

d. Having a record of having such an impairment; or

2. Being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance. (Ord. 776 § 2, 1991).

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