Title 9

PUBLIC PEACE, MORALS AND WELFARE

Chapters:

I. Offenses by or Against Public Officers and Government

9.02     False Alarms

9.04     Obstructing Public Officers

II. Offenses Against the Person

9.14     Poison

III. Offenses Against Public Decency

9.20     Alcoholic Beverages in Parks

9.24     Repealed

9.26     Repealed

9.28    Repealed

9.30    Repealed

IV. Offenses Against Public Peace

9.40    Repealed

9.42    Repealed

9.44    Repealed

9.46     Noise

V. Offenses Against Property

9.54     Repealed

9.56     Repealed

9.58     Repealed

9.60     Repealed

9.62     Repealed

9.64     Graffiti Removal

VI. Consumer Protection (Reserved)

VII. Offenses by or Against Minors

9.80     Repealed

9.84     Parental Responsibility for Juveniles

9.88     Possession of Tobacco Products

VIII. Weapons

9.90    Weapon Restrictions

I. Offenses By or Against Public Officers and Government

Chapter 9.02

FALSE ALARMS

Sections:

9.02.010            False alarms of fire.

 9.02.010            False alarms of fire.

It is unlawful for any person to knowingly cause or make any false alarm of fire; provided, that this section shall not apply to the chief of the fire department when such alarm may be deemed proper for the purpose of discipline of firemen. (Ord. 91 § 35, 1913).

Chapter 9.04

OBSTRUCTING PUBLIC OFFICERS

Sections:

9.04.010            Impersonating an officer.

9.04.020            Resisting or hindering officers.

9.04.030            Escape - Interference with custody of prisoners.

9.04.040            Refusing to aid in enforcing the law.

9.04.010            Impersonating an officer.

It is unlawful for any person, not being a member of the sheriff's department of the county or an individual or organization providing law enforcement services for the city or special policemen appointed in accordance with the charter or ordinances of the city, to represent to any person that he or she is a policeman, police officer, sheriff or deputy sheriff, city detective, or other member of the police force of the city. (Ord. 534 § 1, 1977; Ord. 91 § 31, 1913).

 9.04.020            Resisting or hindering officers.

It is unlawful for any person to knowingly and wilfully resist, oppose, hinder or delay any member of the police force of the city or any peace officer or deputy in any department of the city government in the discharge of official act or duty, or to neglect or refuse to obey any lawful order or direction of any such peace officer in the discharge of any lawful act or duty. (Ord. 91 § 32, 1913).

 9.04.030            Escape - Interference with custody of prisoners.

It is unlawful for any person to rescue or attempt to rescue any person from the custody of any member of the police force of the city or from any other person legally having him in charge, or, to aid or attempt to aid the escape of any person from any such custody, or from any city prison, or to advise or encourage any such escape, or to supply any person, being in such custody or prison, with any weapon or with any implement or means of escape, or with intoxicating liquor, or with any opium, morphine, or other narcotic. (Ord. 91 § 33, 1913).

 9.04.040            Refusing to aid in enforcing the law.

It is unlawful for any male person over the age of 18 years, when requested or called upon by any member of the police force or by the mayor to render aid in making an arrest or to aid in enforcing the laws and ordinances in force in the city or to aid in the execution of the official duty of any peace officer, to wilfully refuse or neglect to promptly give his aid. (Ord. 91 § 34, 1913).

II. Offenses Against the Person

 Chapter 9.14

POISON

Sections:

9.14.010            Laying out poisons prohibited.

9.14.010            Laying out poisons prohibited.

It is unlawful for any person to lay out or expose any kind of poison or to leave exposed any poisoned food or drink for man, animal, bird or fowl, or any substance or fluid whatsoever on the premises of another, or in any unenclosed place, or to aid or abet any person in so doing. (Ord. 91 § 26, 1913).

III. Offenses Against Public Decency

 Chapter 9.20

ALCOHOLIC BEVERAGES IN PARKS

Sections:

9.20.010            Possession or consumption unlawful.

9.20.020            Applicability – Violation and penalty.

9.20.010            Possession or consumption unlawful.

It shall be unlawful to possess or consume alcoholic beverages within any park of the city. Violations shall be punished by penalty of up to $250.00 per offense. (Ord. 809 § 1, 1993).

 9.20.020            Applicability – Violation and penalty.

This section shall apply to all groups, organizations, clubs having more than one watercraft or carrying more than six persons in a watercraft. All such watercraft including rafts, canoes, kayaks or other surface water traveling craft exiting the Wenatchee River at Riverside Park shall have a license with the city to do so. Violations shall be punished by penalty of up to $1,000 per offense. (Ord. 809 § 2, 1993).

 Chapter 9.24

GAMBLING

(Repealed by Ord. 802)

Chapter 9.26

INDECENT EXPOSURE

(Repealed by Ord. 802)

Chapter 9.28

OBSCENE LITERATURE

(Repealed by Ord. 802)

Chapter 9.30

PROSTITUTION

(Repealed by Ord. 802)

IV. Offenses Against Public Peace

Chapter 9.40

DISTURBING THE PEACE

(Repealed by Ord. 802)

Chapter 9.42

LOITERING AND DISORDERLY CONDUCT

(Repealed by Ord. 802)

Chapter 9.44

UNLAWFUL ASSEMBLY

(Repealed by Ord. 802)

Chapter 9.46

NOISE

Sections:

9.46.010            Purpose.

9.46.020            Enforcement authority.

9.46.030            Loud or unusual noise prohibited.

9.46.040            Violation – Penalty.

9.46.010            Purpose.

The purpose of this chapter is to strive to provide a peaceful environment for community residents, and to recognize the need for the development of limits on noise during certain times and in certain areas. It is unlawful for any person or persons within the corporate limits of the city to disturb the peace and quiet of any person, family or neighborhood, or any public assembly by any loud or unusual noise. (Ord. 984 § 1, 2001).

 9.46.020            Enforcement authority.

This chapter shall be enforced through the city’s contracted law enforcement service provider, and/or their authorized agent. (Ord. 984 § 1, 2001).

 9.46.030            Loud or unusual noise prohibited.

A. The following sounds are considered loud or unusual noise in violation of this chapter:

1. The frequent repetitive or continuous sounding of any horn or siren attached to a motor vehicle except to alert for danger or as specifically permitted or required by law.

2. The creation of frequent, repetitive or continuous sounds in connection with the operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

3. Yelling, shouting, whistling or singing on or near the public streets, between the hours of 10:00 p.m. and 7:00 a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

4. The creation of frequent or repetitive or continuous sounds which emanate from any building, structure, apartment or condominium which unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings.

5. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.

6. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source.

7. The squealing, screeching or other such sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners or because of such other reason; provided, that sounds which result from actions which are necessary to avoid danger shall be exempt from this section.

8. The keeping or harboring of any dog or other animal which by frequent or habitual howling, yelping, barking or the making of other noises shall annoy or disturb a neighborhood.

9. Sounds originating from residential property relating to temporary projects for the maintenance or repair of horns, grounds and appurtenances, including, but not limited to, sounds from lawnmowers, powered hand tools and composters, between the hours of 9:00 p.m. and 7:00 a.m.

10. Sounds originating from construction sites, including, but not limited to, sounds from construction equipment, power tools and hammering, between the hours of 7:00 p.m. and 7:00 a.m. Sounds originating from construction sites during expanded hours authorized by the city administrator shall be exempt from this section.

B. These provisions shall not apply to noise generated when a special use permit for a special event has been obtained as required by CMC 9.90.020. These provisions shall not apply to permitted agricultural, commercial or industrial uses and activities that are operating in conformance with usual and normal practices for that particular use and activity, and in conformance with city, county, state and/or federal laws. (Ord. 984 § 1, 2001).

9.46.040            Violation – Penalty.

A. Any person, partnership, association, firm or corporation who violates or fails to comply with this chapter of the Cashmere Municipal Code is guilty of a civil infraction. Except in cases where a different penalty or remedy is prescribed by any other ordinance of the city, any person who commits a civil infraction shall pay a penalty of $250.00 for each such infraction.

B. Each such person is guilty of a separate civil infraction for each and every day during any portion of which any violation of any provisions of an ordinance is committed, continued or permitted by any such person. (Ord. 984 § 1, 2001).

V. Offenses Against Property

 Chapter 9.54

LARCENY

(Repealed by Ord. 802)

Chapter 9.56

INTERFERENCE WITH UTILITY PROPERTY

(Repealed by Ord. 802)

Chapter 9.58

LITTERING

(Repealed by Ord. 802)

Chapter 9.60

INJURIOUS OBJECTS IN PUBLIC PLACES

(Repealed by Ord. 802)

Chapter 9.62

DAMAGING TREES OR PLANTS

(Repealed by Ord. 802)

Chapter 9.64

GRAFFITI REMOVAL

Sections:

9.64.010            Nuisance declaration.

9.64.020            Definitions.

9.64.030            Graffiti prohibited.

9.64.040            Notice of removal.

9.64.050            Appeal.

9.64.060            Removal by city.

9.64.070            Penalties.

9.64.010            Nuisance declaration.

A. Graffiti and other defacement of public and private property, including but not limited to walls, rocks, bridges, buildings, fences, gates and other structures, trees, and other real and personal property, within the city constitutes a nuisance.

B. Although it is appropriate, where possible, to request that the courts require people who are convicted of acts of defacement and vandalism involving application of graffiti to public or private property to restore the property so defaced, damaged or destroyed, obtaining convictions for such acts is difficult because the offenses involved can be committed quickly and secretively so that witnesses to the acts are frequently nonexistent.

C. Although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same to the proper authorities, and to remove the same from private property, it is also important to eliminate the presence of graffiti from the community so that the product of illegal acts of those involved in application of graffiti is not visible and the property on which the graffiti is located and surrounding properties do not suffer diminution of value. (Ord. 898 § 1, 1997).

 9.64.020            Definitions.

A. “Graffiti” means the defacing, damaging or destroying by spraying of paint or marring of ink, chalk, dye or other similar substances on public or private buildings, structures and places.

B. “Graffiti abatement procedure” means the abatement procedure which identifies graffiti, issues notice to the landowner to abate the graffiti, and cures in absence of response.

C. “Private contractor” means any person with whom the city shall have duly contracted to remove graffiti. (Ord. 898 § 2, 1997).

 9.64.030            Graffiti prohibited.

It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate, or other structure, tree, or other real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as “graffiti” within the city. (Ord. 898 § 3, 1997).

 9.64.040            Notice of removal.

A. A Chelan County sheriff’s deputy or other representative designated by the city shall cause a notice to be served upon the owner(s) of the affected premises, as such owner’s name and address appears on the last property tax assessment rolls of Chelan County, Washington. If there is no known address, the notice shall be sent in care of the property address. The notice required by this section may be served in any one of the following manners:

1. By personal service on the owner.

2. By registered or certified mail addressed to the owner at the last known address of said owner as set forth in the latest property tax assessment rolls of said owner. If this address is unknown, the notice will be sent to the property address.

The notice shall be substantially in the following form:

NOTICE IS HEREBY GIVEN that you are required, by ordinance of the City of Cashmere, at your own expense, to remove or paint over the graffiti located on the property commonly known as _______________, Cashmere, Washington, which is visible to public view, within fifteen (15) days after the date of this notice; or, if you fail to do so, the City requires the nuisance to be abated by removal or painting over of the graffiti. The cost of the abatement by the City or private contractors employed by the City to abate the nuisance will be assessed and become a lien upon your property.

B. Costs to the city of abatement of any nuisance described in this chapter shall be paid by the owner of the property within 30 days after receipt by the property owner of the billing from the city or private contractor employed by the city to abate the nuisance and if not paid within such required time, the city shall file a lien against the owner’s real property and the city shall foreclose the lien in the same manner as a labor or materialmen’s lien in Chapter 60.04 RCW. In any such lien foreclosure the city shall be entitled to recover its costs and reasonable attorneys’ fees. (Ord. 898 § 4, 1997).

 9.64.050            Appeal.

A. Within 10 days from the mailing or personal service of the notice of removal of graffiti, the owner may appeal the matter to the city of Cashmere hearing examiner by filing a written notice of appeal with the Cashmere city clerk. Filing of an appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate the nuisance.

B. Appeal Procedure. The city of Cashmere hearing examiner, upon receipt of a notice of appeal, shall set a hearing date not more than 45 days from receipt of the notice of appeal, at which time the appellant may appear and present evidence seeking relief from the notice of removal. The Chelan County sheriff’s deputy or other city representative may likewise present evidence at such appeal hearing.

C. Following the hearing, the city of Cashmere hearing examiner shall render a written decision within 10 days. (Ord. 898 § 5, 1997).

 9.64.060            Removal by city.

A. Upon failure of any person to comply with the notice by the designated date, or such continued date thereafter as the city approves, then the city shall cause the graffiti to be abated by city forces or by private contract. The city or its private contractor is expressly authorized to enter upon the affected premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate or cover graffiti shall be as close as practicable to background color(s). If the city undertakes the removal of the graffiti, it shall not authorize nor undertake to provide for the painting or repair or any more extensive an area than the area where the graffiti is located.

B. Property owners in the city of Cashmere may consent in advance to city entry onto private property for graffiti removal purposes. In such event, the city and property owner shall enter into a written contract setting forth the rights and obligations of the parties with respect to graffiti removal. (Ord. 898 § 6, 1997).

 9.64.070            Penalties.

Any person who applies graffiti to any public or private property or who causes a nuisance described in this chapter shall be guilty of a civil infraction and shall pay a civil penalty of $500.00 for the first offense, $750.00 for the second offense and $1,000 for each offense thereafter. In any action brought by the city to collect the civil penalty, the city shall be entitled to recover its costs and reasonable attorney fees. Any person who furnishes information to the city of violation of this chapter shall be entitled to one-third of any civil penalty collected by the city pursuant to this section, if the information furnished leads to the enforcement of this chapter and collection of a penalty. (Ord. 898 § 7, 1997).

VI. Consumer Protection (Reserved)

VII. Offenses by or Against Minors

Chapter 9.80

LIQUOR

(Repealed by Ord. 802)

Chapter 9.84

PARENTAL RESPONSIBILITY FOR JUVENILES

Sections:

9.84.010            Statement of purpose.

9.84.020            Definitions.

9.84.030            General provisions.

9.84.040            Exemptions.

9.84.050            Authority to enforce.

9.84.060            Violation - Procedure.

9.84.070            Violation - Penalty.

9.84.010            Statement of purpose.

The city council of the city of Cashmere finds that it is contrary to the health, safety and general welfare of children under the age of 18 to be unsupervised in certain public places between the hours of 12:01 a.m. and 5:00 a.m., and that parents can properly supervise their children during these hours. The city council further finds that it is a reasonable and effective exercise of police power of the city of Cashmere to make parents responsible for the whereabouts of their children during these late night/early morning hours. (Ord. 861 § 1, 1996).

 9.84.020            Definitions.

For the purpose of this chapter, the following words shall have the following meanings:

A. "Child" means any male or female, under the age of 18 years.

B. "Parent" means the mother, father, or both (both being referred to in the singular as "parent"), guardian or other adult person having the legal care, custody or control of a child. (Ord. 861 § 2, 1996).

 9.84.030            General provisions.

No parent shall allow his or her child to remain in, on, or occupy any area of the public streets, roads, alleys, parks, playgrounds, any other public grounds, places of entertainment, or public parking lots between the hours of 12:01 a.m. and 5:00 a.m., except as allowed under this chapter. As used herein, the term "allow" shall include those situations where the parent has failed to monitor or account for the child's location between the hours of 12:01 a.m. and 5:00 a.m. (Ord. 861 § 3, 1996).

 9.84.040            Exemptions.

A parent of the following children shall be exempt from the enforcement provisions of this chapter:

A. A child accompanied by his parent;

B. A child engaged in lawful employment;

C. A child on an errand or on legitimate business pursuant to instruction from his parent;

D. A child involved in an emergency concerning the person or property of himself or another;

E. A child returning home from school or church sponsored activities, or from other activities supervised by an adult. The term "returning home" means immediately and directly after participation in such activity, without a broken chain of sequences and time between the end of such event and the time such child returns to his or her residence or such other place as shall be authorized by his or her parent;

F. A child in a moving motor vehicle. (Ord. 861 § 4, 1996). 

9.84.050            Authority to enforce.

Law enforcement officers of the city shall have authority to reasonably stop and detain the child to obtain his or her name, age and address, as well as the name and address of his or her parent whenever said law enforcement officers shall reasonably suspect that the parent of such child is in violation of CMC 9.84.030. Upon determination that the parent is in fact in violation of CMC 9.84.030 and not exempt under CMC 9.84.040, the law enforcement officer shall direct or deliver the child to the residence of his or her parent. (Ord. 861 § 5, 1996).

 9.84.060            Violation - Procedure.

A. Should a law enforcement officer have probable cause to believe that a parent or custodian has violated the provisions of this chapter, a written notice/warning thereof shall be given to the parent or custodian if reasonably possible. If the parent or custodian is unavailable, the officer shall mail, or cause to be mailed, the aforementioned notice/warning to the parent or custodian. Said notice/warning shall inform the parent or custodian of the following:

1. The location where the child was found; and

2. The date and time the child was found; and

3. The location of the residence where the officer took the child for safety, or in the case of placement of the child through appropriate juvenile authority; and

4. A warning that the parent or custodian was in violation of this chapter, a copy of which shall be attached to said notice/warning.

B. The law enforcement officer shall:

1. Maintain a record of any violation and the notice/warnings given as a result thereof; and

2. Make a report of the incident to the appropriate juvenile authority; and

3. Assist appropriate juvenile authority with respect to any reasonable and lawful action with which Child Protective Services or other appropriate juvenile authority requests assistance. (Ord. 861 § 6, 1996).

 9.84.070            Violation - Penalty.

Upon a parent's first violation per child, notice thereof shall be given to the parent. Upon the second violation involving the same child, a summons shall be served on the parent and a hearing shall be held before the city municipal court, at which time the parent shall appear and answer to the charge of violating this chapter. Upon a determination by the judge that a second violation has occurred involving the same child, a fine of $250.00 shall be imposed upon the parent. Upon a subsequent violation involving the same child, the parent shall be subject to a fine of $500.00. If a parent has reported his or her child to be missing, and has requested police assistance in the return of the child, the parent shall not be charged with violating this chapter. (Ord. 861 § 7, 1996).

Chapter 9.88

POSSESSION OF TOBACCO PRODUCTS

Sections:

9.88.010            Purchase, possession unlawful.

9.88.020            Violation - Penalty.

9.88.030            Civil infraction - Restitution.

9.88.040            Exemptions.

9.88.010            Purchase, possession unlawful.

It shall be unlawful for any person under 18 years of age to purchase, attempt to purchase, to use or to possess tobacco products in the city of Cashmere. (Ord. 879 § 1, 1996).

 9.88.020            Violation - Penalty.

Any person who violates this chapter shall be guilty of a civil infraction and notice of a civil infraction shall be given in accordance with RCW 7.80.050. All such civil infractions shall be heard and determined by the city of Cashmere municipal court. Any person found to have committed a civil infraction in violation of this chapter shall be assessed a monetary penalty of $25.00 for the first infraction, the sum of $50.00 for the second infraction and the sum of $100.00 for any such infraction thereafter; provided, however, that the Cashmere municipal court may waive the monetary penalty for the first infraction if the person who has violated the chapter enrolls in and completes a cessation program approved by the city of Cashmere. (Ord. 879 § 2, 1996).

 9.88.030            Civil infraction - Restitution.

The city of Cashmere municipal court may also order a person found to have committed a civil infraction under this chapter to make restitution. (Ord. 879 § 3, 1996).

 9.88.040            Exemptions.

The provisions of this chapter shall not apply if the person under the age of 18, with parental authorization, is participating in a controlled purchase as part of the Liquor Control Board, law enforcement or local health department activity, pursuant to RCW 70.155.080. (Ord. 879 § 4, 1996).

VIII. Weapons

Chapter 9.90

WEAPON RESTRICTIONS

Sections:

9.90.010            Unlawful discharge.

9.90.020            Permit requirements.

9.90.030            Compliance with WAC.

9.90.040            Violations - Penalty.

9.90.050            Statutory exemption.

9.90.010            Unlawful discharge.

It is unlawful to fire or discharge any gun, cannon, pistol, revolver or rifle containing bullets or missiles that are discharged from said gun, cannon, pistol, revolver or rifle within the city limits of the city of Cashmere. (Ord. 812 § 1, 1993).

 9.90.020            Permit requirements.

All adult persons, organizations or entities who engage in any noisemaking activity, including but not limited to ceremonial rifle or weapon firing, making of artificial noise in connection with an event or activity shall first obtain a nonfee permit from the city of Cashmere. The application shall set forth the entity responsible for the noise, the nature of the noise, the time and place of the creation of said noise and the anticipated duration of said noise. Failure to obtain a permit and upon a complaint as to the offensiveness of said noise, the perpetrator shall be presumed to have violated this chapter. (Ord. 812 § 2, 1993).

 9.90.030            Compliance with WAC.

All noise referred to hereinabove shall be made within the parameters established by the Washington Administrative Code as now enacted or as hereinafter amended. (Ord. 812 § 3, 1993).

 9.90.040            Violations - Penalty.

Violations of this chapter shall be punishable by a penalty of up to $250.00 per offense. (Ord. 812 § 4, 1993).

 9.90.050            Statutory exemption.

The city of Cashmere is exempt from the provisions of RCW 9.41.050(4) as now enacted or hereinafter amended. (Ord. 834 § 1, 1994).