Title 9 HEALTH AND SAFETY

The following codes, three copies of which are on file in the office of the city clerk, are adopted as ordinances of the city of Bellevue, and such codes, together with any maps which are a part thereof, by this reference are hereby made a part of this chapter as though fully set forth herein, and the several provisions of said codes as now in effect shall be in full force and effect and binding within the corporate limits of the city.

A. Health. Manual of the Codified Rules, Regulations and Standards of the Washington State Board of Health and the Department of Health of the state, as codified by the Attorney General, state of Washington, March 11, 1960;

B. Safety. State of Washington, Department of Labor and Industry, Division of Safety, Safety Standards for Construction Work, January 1, 1957, reprint 1960;

C. State of Washington, Department of Labor and Industry, Division of Safety, General Safety Standards, January 1, 1957 Edition, reprint 1961. (1961 code § 6.04.010.)

9.04.020 Inspection and condemnation of buildings.

The building inspector and plans examiner are authorized and empowered to enter any building or premises within the city for purposes of inspection or to prevent a violation of this chapter, upon presentation of proper credentials. Whenever in their opinion any provision of this chapter is being violated by the work, they or either of them may order such work to forthwith cease. Whenever in the opinion of the building inspector any building or portion thereof is dangerous or unsafe to persons or property, he may condemn the same and order its repair or removal. Written notice of such condition shall be served upon the owner, reputed owner or person in charge of such building and no building so condemned shall thereafter be used or occupied for any purpose after written notice as above provided has been served until the same shall have been repaired and approved by the building inspector. (1961 code § 6.04.020.)

9.04.030 Violation – Penalty.

Violation of any of the provisions of this chapter is a misdemeanor, and any person found guilty thereof shall be punished by a fine of not to exceed $200.00 or by imprisonment for not to exceed 60 days, or both. It is a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. (1961 code § 6.04.030.)

Chapter 9.06
FOOD SERVICE ESTABLISHMENTS

9.06.010 Definitions.

1. If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

2. If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established;

3. If it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;

4. If it has been processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

5. If it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or

6. If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

B. “Approved” means acceptable to the health officer based on his determination as to conformance with appropriate standards and good public health practice.

C. “Closed” means fitted together snugly; leaving no opening large enough to permit the entrance of vermin.

D. “Corrosion-resistant material” means a material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it.

E. “Easily cleanable” means readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.

F. “Employee” means any person working in a food service establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment.

G. “Equipment” means all stoves, ranges, hoods, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables and similar items, other than utensils, used in the operation of a food service establishment.

H. “Food” means any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

I. “Food contact surfaces” means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.

J. “Food demonstration” means serving, without charge, any sample or small portion of food, drink or food product for consumption within a food service establishment or in an area within a food service establishment where food is not routinely served for consumption on the premises.

K. “Food processing establishment” means a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.

L. “Food service establishment” means any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern, bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; retail grocery; retail food market; retail bakery; private, public or nonprofit organization or institution routinely serving food; catering kitchen; food processing establishment; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation where food is served or provided for the public with or without charge. Milk establishments governed by other resolutions of the county shall not be included within the provisions of this chapter.

M. “Health officer” means the health officer of the city or his designated representative.

N. “Kitchenware” means all multiuse utensils other than tableware used in the storage, preparation, conveying or serving of food.

O. “Misbranded” means the presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable state or local labeling requirements.

P. “Perishable food” means any food of such type or in such condition as may spoil.

Q. “Potentially hazardous food” means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

R. “Safe temperatures,” as applied to potentially hazardous food, means temperatures of 45 degrees Fahrenheit or below, and 140 degrees Fahrenheit or above.

S. “Sanitize” means effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health officer as being effective in destroying microorganisms, including pathogens.

T. “Sealed” means free of cracks or other openings which permit the entry or passage of moisture.

U. “Single-service article” means cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, placemats, napkins, doilies, wrapping material and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.

V. “Tableware” means all multiuse eating and drinking utensils, including flatware (knives, forks and spoons).

W. “Temporary food service establishment” means any food service establishment which operates at a fixed location for a temporary period of time, not to exceed two weeks, in connection with a fair, carnival, circus or public exhibition.

X. “Utensil” means any tableware and kitchenware used in the storage, preparation, conveying or serving of food.

Y. “Wholesome” means in sound condition, clean, free from adulteration and otherwise suitable for use as human food. (1961 code § 6.06.010.)

9.06.020 Food sources and protection.

A. Food Supplies. All food in food service establishments shall be from sources approved or considered satisfactory by the health officer and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding and safe for human consumption. No hermetically sealed, nonacid and low acid food which has been processed in a place other than a commercial food processing establishment shall be used.

B. Food Protection. All food, while being stored, prepared, displayed, served or sold at food service establishments, or during transportation between such establishments, shall be protected from contamination. No food shall be prepared in a mobile food service establishment. All perishable food shall be stored at such temperature as will protect against spoilage. All potentially hazardous food shall be maintained at safe temperatures (45 degrees Fahrenheit or below, or 140 degrees Fahrenheit or above), except during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffing, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before being served. Individual portions of food, once served to the customer, shall not be served again; provided, that wrapped food which has not been unwrapped and which is wholesome may be re-served.

C. Poisonous or Toxic Materials. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used or stored in food service establishments; provided, that retail grocery stores may be exempted from this requirement when such products are handled in a manner acceptable to the health officer. Poisonous and toxic materials shall be identified, and shall be used and stored only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers. (1961 code § 6.06.020.)

9.06.030 Employees – Health and disease control.

No person, while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores or an acute respiratory infection, shall work in any area of a food service establishment in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the health officer immediately. It shall be the responsibility of anyone operating a food service establishment to see that all employees have valid food and beverage service workers’ permits issued under Chapter 197, Laws of 1957, and the rules and regulations of the State Board of Health. It is unlawful for anyone to work in a food service establishment without a valid food and beverage service workers’ permit. Such permits shall be issued by the Seattle-King County department of public health and signed by the health officer or his authorized representative and all applicants for such a permit or renewal thereof shall pay to such department a fee in the sum of $2.00. (1961 code § 6.06.030.)

9.06.040 Employees – Cleanliness.

All employees shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing facility before starting work, and as often as may be necessary to remove soil and contamination. No employee shall resume work after visiting the toilet room without first washing his hands. (1961 code § 6.06.040.)

9.06.050 Equipment and utensils.

A. All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be in good repair; and the food contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, nontoxic, corrosion resistant and relatively nonabsorbent; provided, that when approved by the health officer, exceptions may be made to the above material requirements for equipment such as cutting boards, blocks and bakers’ tables.

B. All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas.

C. Equipment in use at the time of adoption of this resolution which does not meet fully the above requirements, may be continued in use if it is in good repair, capable of being maintained in a sanitary condition and if the food contact surfaces are nontoxic.

D. Single-service articles shall be made from nontoxic materials. (1961 code § 6.06.050.)

9.06.060 Cleanliness of equipment and utensils.

A. All eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage.

B. All kitchenware and food contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils shall be thoroughly cleaned after each use. Cooking surfaces of equipment shall be cleaned at least once a day. All utensils and food contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use. Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.

C. After cleaning and until use, all food contact surfaces of equipment and utensils shall be so stored and handled as to be protected from contamination.

D. All single-service articles shall be stored, handled and dispensed in a sanitary manner, and shall be used only once.

E. Food service establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles. (1961 code § 6.06.060.)

9.06.070 Water supply.

A. The water supply shall be adequate, of a safe, sanitary quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment, utensils or containers are washed; provided, that hot and cold running water under pressure may not be required for mobile food service establishments when the food offered for sale from such establishments is prepared and packaged in individual portions at a fixed food service establishment operating under valid permit.

B. Water, if not piped into the establishment, shall be transported and stored in approved containers and shall be handled and dispensed in a sanitary manner.

C. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner. (1961 code § 6.06.070.)

9.06.080 Sewage disposal.

All sewage shall be disposed of in a public sewerage system, or, in the absence thereof, in a manner approved by the health officer. (1961 code § 6.06.080.)

9.06.090 Plumbing.

Plumbing shall be so sized, installed and maintained as to carry adequate quantities of water to required locations throughout the establishment, as to prevent contamination of the water supply, as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage disposal system, and so that it does not constitute a source of contamination of food, equipment or utensils, or create an insanitary condition or nuisance. (1961 code § 6.06.090.)

9.06.100 Toilet facilities.

Each food service establishment shall be provided with adequate, conveniently located toilet facilities for its employees; provided, that adequate and convenient toilet facilities may not be required for employees of a mobile food service establishment when the food offered for sale from such establishments is prepared and packaged in individual portions at a fixed food service establishment operating under valid permit. Toilet fixtures shall be of sanitary design and readily cleanable. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Where the use of non-water-carried sewage disposal facilities have been approved by the health officer, such facilities shall be separate from the establishment. When toilet facilities are provided for patrons, such facilities shall meet the requirements of this chapter. (1961 code § 6.06.100.)

9.06.110 Hand-washing facilities.

Each food service establishment, with the exception of a mobile food service establishment when the food offered for sale from such establishments is prepared and packaged in individual portions at a fixed food service establishment operating under valid permit, shall be provided with adequate, conveniently located hand-washing facilities for its employees, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand cleansing soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair. (1961 code § 6.06.110.)

9.06.120 Garbage and rubbish disposal.

All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leak-proof, nonabsorbent containers which shall be kept covered with tight-fitting lids when filled or stored, or not in continuous use; provided, that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a food-waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas and containers used shall be adequate for the storage of all food wastes and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. Food waste grinders, if used, shall be installed in compliance with state and local standards and shall be of suitable construction. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. (1961 code § 6.06.120.)

9.06.130 Vermin control.

Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of vermin. (1961 code § 6.06.130.)

9.06.140 Floors, walls and ceilings.

A. The floor surfaces in kitchens, in all other rooms and areas in which food is stored or prepared and in which utensils are washed, and walk-in refrigerators, dressing or locker rooms and toilet rooms, shall be of smooth, nonabsorbent materials and so constructed as to be easily cleanable; provided, that the floors of nonrefrigerated, dry food storage areas need not be nonabsorbent. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are subjected to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor. All exterior areas where food is served shall be kept clean and properly drained, and surfaces in such areas shall be finished so as to facilitate maintenance and minimize dust.

B. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or utensils or hands are washed, shall be easily cleanable, smooth and light colored, and shall have washable surfaces up to the highest level reached by splash or spray. (1961 code § 6.06.140.)

9.06.150 Lighting.

All areas in which food is prepared or stored or utensils are washed, hand-washing areas, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well lighted. During all clean-up activities, adequate light shall be provided in the area being cleaned, and upon or around equipment being cleaned. (1961 code § 6.06.150.)

9.06.160 Ventilation.

All rooms in which food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well ventilated. Ventilation hoods and devices shall be designed to prevent grease or condensate from dripping into food or onto food preparation surfaces. Filters, where used, shall be readily removable for cleaning or replacement. Ventilation systems shall comply with applicable state and local fire prevention requirements and shall, when vented to the outside air, discharge in such manner as not to create a nuisance. (1961 code § 6.06.160.)

9.06.170 Dressing rooms and lockers.

Adequate facilities shall be provided for the orderly storage of employees’ clothing and personal belongings. Where employees routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage and serving areas, and the utensil washing and storage areas; provided, that when approved by the health officer such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean. (1961 code § 6.06.170.)

9.06.180 Sanitation regulations.

All parts of the establishment and its premises shall be kept neat, clean and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surfaces. None of the operations connected with a food service establishment shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used for the conduct of food service establishment operations; provided, that guide dogs accompanying blind persons may be permitted in the dining area. (1961 code § 6.06.180.)

9.06.190 Extent of chapter coverage.

Temporary food service establishments, food demonstrations and specific food service establishments, including mobile restaurant, retail grocery, retail food market and retail bakery, shall comply with all provisions of this chapter which are applicable to their operation; provided, that the health officer may augment such requirements when needed to assure the service of safe food, may prohibit the sale of certain potentially hazardous food and may modify specific requirements for physical facilities when in his opinion no imminent health hazard will result and may establish rules and regulations governing such operations. (1961 code § 6.06.190.)

9.06.200 Permit.

A. Required – Terms. It is unlawful for anyone to operate a food service establishment without a valid permit to do so issued to him by the health officer. Only a person who complies with the requirements of this chapter and rules and regulations of the health officer shall be entitled to receive and retain such a permit. Permits shall not be transferable and shall be valid only for the person and place for which issued. It shall be valid for one year from date of issue. The permit shall be posted conspicuously in the food service establishment for which issued. Permits for temporary food service establishments may be issued for a period of time not to exceed 14 days.

B. Application. Any person desiring to operate a food service establishment shall make written application for a permit on a form to be provided by the health officer. Such application shall include the applicant’s full name and post office address and whether such applicant is an individual, firm or corporation, and, if a partnership, the names and addresses of the partners, the location and type of the proposed food service establishment, and the signature of the applicant or applicants. If the application is for a temporary food service establishment, it shall also include the inclusive dates of the proposed operation.

C. Inspection – Issuance. The health officer shall make an inspection of the proposed food service establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, a permit shall be issued to the applicant by the health officer. (1961 code § 6.06.200.)

9.06.210 Permit – Suspension.

A. Cause. Any permit may be suspended temporarily by the health officer for failure of the holder to comply with the requirements of this chapter.

B. Notice. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this chapter, the permit holder or operator shall be served with a notice that, effective upon such service, his permit is suspended. Such notice shall advise that a hearing on such suspension will be provided if a written request for a hearing is filed with the health officer by the permit holder.

C. Immediate Closure. Notwithstanding any other provisions of this chapter, whenever the health officer finds that a violation of this chapter has created or is creating an insanitary or other condition in a food service establishment which, in his judgment, constitutes so serious a hazard to the public health as to require the immediate closure of the establishment, he may without warning, notice or hearing, suspend its permit effective immediately and all food service operations shall cease immediately. If, in the health officer’s opinion, immediate closure is not required, he may issue a written notice to the permit holder or operator citing the chapter violations creating the insanitary conditions, specifying the corrective action to be taken and the time period within which such action shall be taken. Any person to whom such an order is issued or whose permit is suspended under this section shall comply immediately with the order of the health officer, but upon written petition to the health officer shall be afforded a hearing as soon as possible.

D. Reinstatement. Any person whose permit has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health officer shall make a reinspection. If the applicant is complying with the requirements of this chapter, the permit shall be reinstated. (1961 code § 6.06.210.)

9.06.220 Permit – Revocation.

A. Cause – Notice. For serious or repeated violations of any of the requirements of this chapter, or for interference with any health officer in the performance of his duties, or for failure to comply with any notice properly given under this chapter, the health officer may permanently revoke any permit. Before revoking any permit the health officer shall notify the permit holder in writing of the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five days following service of such notice unless a request for a hearing is filed with the health officer by the permit holder within such five-day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

B. Hearing. Hearings on suspensions or revocation of permits shall be conducted by the health officer, or by a person designated by him at such time and place as he shall designate. At such hearing the permittee may appear with or without counsel and may testify, call witnesses and cross examine. The person conducting the hearing shall make a finding and shall sustain, modify or rescind any official notice or order considered at the hearing. A written report of the hearing decision shall be furnished to the permit holder by the health officer. (1961 code § 6.06.220.)

9.06.230 Inspection of food service establishments.

A. Incidence. The health officer shall inspect each food service establishment as often as is necessary for the enforcement of this chapter.

B. Access. A health officer exhibiting proper identification shall be permitted to enter, at any reasonable time, any food service establishment for the purpose of making inspections to determine compliance with this chapter. He shall be permitted to examine the records of the establishment pertaining to food and supplies purchased, received or used, and persons employed. (1961 code § 6.06.230.)

9.06.240 Inspection records.

A. Form – Demerit Score. Whenever the health officer makes an inspection of a food service establishment, he shall record his findings on an inspection report form prepared by the director of public health who shall be guided in the preparation thereof by PHS Form 4006. The health officer making such inspection shall furnish the original of such inspection report form to the permit holder or operator. Such form shall summarize the requirements of this chapter and shall set forth demerit point values to be charged any such permittee for violation of any of such requirements. Upon completion of an inspection, the health officer shall total the demerit point values for all requirements in violation, such total becoming the demerit score of the establishment.

B. Notice. The health officer making such inspection shall notify the permit holder or operator of all violations he may find by delivering to him a properly filled out inspection report form or other written notice. In such notification, the health officer shall set forth the specific violations found, together with the demerit score of the establishment. When a demerit score is 20 or less, all violations of two or four demerit points must be corrected by the time of the next routine inspection; or when the demerit score is more than 20 but not more than 40, all items of two or four demerit points must be corrected within 30 days; or when one or more six-demerit point items are in violation, regardless of demerit score, all such items must be corrected within 10 days. When the demerit score is more than 40, the health officer shall immediately suspend the permit. All violations in temporary food service establishments must be corrected within 24 hours of notice thereof. Failure to comply with such notice shall result in immediate suspension of the permit.

C. Appeal. The inspection report form shall state that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the health officer within the time established in the notice for correction. (1961 code § 6.06.240.)

9.06.250 Service of notices.

Notices provided for under this chapter shall be deemed served when delivered personally to the permit holder or person in charge of the activity licensed or when sent by registered or certified mail, return receipt requested, to the last known address to the permit holder. A copy of such notice shall be filed with the records of the health officer. (1961 code § 6.06.250.)

9.06.260 Examination and condemnation of food.

Food may be examined or sampled by the health officer as often as may be necessary to determine freedom from adulteration or misbranding. The health officer may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, food shall be permitted to be suitably stored. It is unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health officer, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the health officer, except on order by a court of competent jurisdiction. The owner or person in charge may demand a hearing such as is provided for in BCC 9.06.220, and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within 10 days, the health officer may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this chapter; provided, that such order of the health officer to denature or destroy such food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three days. (1961 code § 6.06.260.)

9.06.270 Food from out-of-city establishments.

Food from food service establishments outside the city may be sold within the city if such food service establishments conform to the provisions of this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the health officer may accept reports from responsible authorities in other jurisdictions where such food service establishments are located. (1961 code § 6.06.270.)

9.06.280 Plan review of future construction.

When a food service establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or alteration, showing layout, arrangement and construction materials of work areas, and the location, size and type of fixed equipment and facilities shall be submitted to the health officer for approval before such work is begun. (1961 code § 6.06.280.)

9.06.290 Procedure when infection is suspected.

When the health officer has reasonable cause to suspect possibility of disease transmission from any food service establishment employee, the health officer shall secure a morbidity history of the suspected employee, or make such other investigations as may be indicated, and take appropriate action. The health officer may require any or all of the following measures:

A. The immediate exclusion of the employee from all food service establishments;

B. The immediate closure of the food service establishment concerned until, in the opinion of the health officer, no further danger of disease outbreak exists;

C. Restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting disease;

D. Adequate medical and laboratory examinations of the employee, of other employees, and of his and their body discharges. (1961 code § 6.06.290.)

9.06.300 Enforcement – Authority.

This chapter shall be enforced by the health officer in accordance with the compliance provisions of the 1962 Edition of the “United States Public Health Service Food-Service Sanitation Ordinance and Code,” three copies of which are on file in the office of the health officer and three copies of which are on file in the office of the city clerk. The health officer is also authorized to make rules and regulations not inconsistent with the provisions of this chapter for the purpose of enforcing and carrying out its provisions. (1961 code § 6.06.300.)

9.06.310 Violation – Penalty.

Anyone violating or failing to comply with any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine of not to exceed $250.00 or by imprisonment in the county jail for a term not to exceed 90 days, or by both such fine and imprisonment, and each day that anyone continues to so violate or fails to comply shall be considered a separate offense. (1961 code § 6.06.310.)

Chapter 9.09
ABATEMENT OF JUNK VEHICLES

9.09.010 Purpose.

The purpose of this chapter is to preserve the character and safety of the city’s neighborhoods by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. (Ord. 4243 § 1, 1991.)

9.09.020 Definitions.

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

A. “Applicable department director” means the director of the development services department or any designated alternate appointed by the city manager.

B. “Code compliance officer” means the person(s) designated by the director of the development services department to enforce this chapter.

C. “Junk vehicle” means any vehicle substantially meeting all of the following requirements ( RCW 46.55.010(4)):

2. Is extensively damaged, such damage including, but not limited to, any of the following: broken window or windshield or missing wheels, tires, motor or transmission; and

5. Has an approximate fair market value equivalent only to the approximate value of the scrap in it.

D. “Landowner” means an owner of private property, or a person in possession or control of private property. (Ord. 5821 § 13, 2008; Ord. 4243 § 1, 1991.)

9.09.030 Exemptions.

A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the provisions of RCW 46.80.130. (Ord. 4243 § 1, 1991.)

9.09.040 Abatement and removal of junk vehicles on private property.

A. Public Nuisance Declared. All junk vehicles certified as such by a law enforcement officer according to RCW 46.55.230 and found on private property are declared to constitute a public nuisance subject to removal, impoundment and disposal.

B. Voluntary Correction. Whenever the code compliance officer determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary correction from the landowner and the vehicle’s registered owner.

C. Issuance of Notice of Civil Violation. If the code compliance officer does not obtain voluntary correction of the public nuisance, the officer may issue a notice of civil violation to the landowner and the vehicle’s registered owner in accordance with the provisions of BCC 1.18.040(C).

D. Content. For violations of this chapter the notice of civil violation shall contain the following information:

1. The name and address of the landowner upon whose property the vehicle is located; and

2. The name and address of the vehicle’s last registered owner of record provided license or vehicle identification numbers are available; and

3. The vehicle description including: the license plate number and/or the vehicle identification number; the model year; the make; and the factors which render the vehicle a public nuisance; and

4. The street address or a description sufficient for identification of the property where the vehicle is located; and

5. The required corrective action and a date and time by which the correction must be completed; and

6. The date, time and location of a hearing before the hearing examiner which will be at least 10 days from the date the notice is issued; and

7. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the code compliance officer approves the completed required corrective action at least 48 hours prior to the scheduled hearing; and

8. A statement indicating that the city may remove, impound and dispose of the vehicle, and assess all costs and expenses of administration, removing, impounding and disposing of the vehicle against the landowner or the registered owner as ordered by the hearing examiner; and

9. A statement that a monetary penalty pursuant to BCC 1.18.040(E) in an amount per day for each violation shall be assessed against the landowner and/or the vehicle’s registered owner as specified and ordered by the hearing examiner in accordance with BCC 1.18.050.

E. Landowner Responsibility Disclaimer. The landowner may appear in person at the hearing or present a written statement prior to the hearing, to deny responsibility for the vehicle’s presence on the property. If the hearing examiner determines that the vehicle was placed on the property without the landowner’s consent and that the landowner has not subsequently acquiesced in its presence, then the costs and expenses of administration, removing, impounding and disposing of the vehicle shall not be assessed against the landowner.

F. Removal by the City. Pursuant to the hearing examiner’s orders, the city may use any lawful means to cause the vehicle to be removed from the private property and disposed of to a licensed motor vehicle wrecker or bulk hauler, with notice to the Washington State Patrol and the Washington Department of Licensing that the vehicle has been wrecked.

G. Recovery of Costs and Expenses. To the extent allowed by the law the city may file or record with appropriate state or county offices a claim or claims for lien for the costs of and expenses of removal, which impoundment and disposal of the vehicle may be enforced in accordance with the appropriate provisions of law. (Ord. 4243 § 1, 1991.)

9.09.050 Violation – Penalty.

A. It is unlawful for any person to allow, cause to allow or place a junk vehicle, on any premises.

B. It is a Class 1 civil infraction as defined in RCW 7.80.120 for a person to abandon a junk vehicle on property located within the city. If a junk vehicle is abandoned within the city, the landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle’s registered owner any costs incurred in the removal of the junk vehicle.

C. Except for subsection B of this section, any violation of any provision of this chapter is a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein.

D. In addition to or as an alternative to any other penalty provided, except the penalty prescribed in subsection B of this section, in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 5238 § 1, 2000; Ord. 4243 § 1, 1991.)

9.09.060 Severability.

If any one or more section, paragraph or sentence of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 4243 § 1, 1991.)

Chapter 9.10
NUISANCES¹

9.10.010 Definitions.

The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:

A. “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a violation of this chapter, by such means and in such a manner and to such an extent as the applicable department director determines is necessary in the interest of the general health, safety and welfare of the community.

B. “Applicable department director” means the director of the department or any designated alternate who is empowered by the city manager or by ordinance to enforce a city ordinance or regulation.

C. “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.

D. “Construction debris” includes any building material used prior to, during, or after construction-related activities, which is not properly screened or is otherwise offensive to a reasonable person. For purposes of this chapter, “construction-related activities” include any development on real property as defined in LUC 20.50.016.

E. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private.

F. “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips and any lake, river, stream, drainage way or wetland. (Ord. 5791 § 9, 2007; Ord. 4242 § 1, 1991.)

9.10.020 Prohibited conduct.

It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in BCC 9.10.030 to be a public nuisance. (Ord. 4242 § 1, 1991.)

9.10.030 Types of nuisances.

Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the applicable department director determines that any of these conditions exist upon any premises, the applicable department director may provide for the abatement thereof and monetary penalties may be assessed pursuant to Chapter 1.18 BCC, Civil Violations:

A. The existence of any trash, dirt, filth, the carcass of any animal, accumulation of yard trimmings or other matter which is offensive to a reasonable person, except for such yard debris that is properly contained for the purpose of composting; or

B. Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any premises which may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things:

1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles; or

2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are malodorous; or

3. An accumulation of material including, but not limited to, bottles, cans, glass, plastic, ashes, scrap metal, wire, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing hay, straw or other packing material or building materials on any premises which is not properly stored or neatly piled or is offensive to a reasonable person or in which flies or rats may breed or multiply; or

4. An accumulation of any construction debris used prior to, during, or after construction-related activities as defined in LUC 20.50.016 which is not properly screened or is otherwise offensive to a reasonable person; or

C. The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition; or

D. The existence of wrecked or disassembled trailers, house trailers, boats, tractors or other vehicles, appliances or machinery of any kind, or any major parts thereof; or

E. The existence on any premises of any abandoned or unused well, pit, shaft, cistern or storage tank, without first demolishing or removing from the premises such storage tank, or securely closing and barring any entrance or trapdoor thereto, or without filling any well, pit, shaft or cistern or capping the same with sufficient security to prevent access thereto; or

F. The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not limited to any abandoned, broken or neglected equipment, machinery, refrigerator, freezer, or other large appliance; or

G. The presence of rodents on any premises causing a threat to the public health, as determined by the director of the Seattle-King County department of public health pursuant to King County Board of Health Rules and Regulations No. 06-01 as adopted or hereafter amended. (Ord. 5791 § 10, 2007; Ord. 5689 § 1, 2006; Ord. 4242 § 1, 1991.)

9.10.040 Violation – Penalty.

A. Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.18 BCC for which a monetary penalty may be assessed and abatement may be required as provided therein.

B. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 4242 § 1, 1991.)

Chapter 9.11
ANTI-LITTER CODE

9.11.010 Purpose.

The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city, the duty of contributing to the public cleanliness and appearance of the city in order to promote the public health, safety and welfare and to protect interests of the people of the city against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the public expense caused by littering. (Ord. 2687 § 1, 1979.)

9.11.020 Definitions.

For the purposes of this chapter, the following terms, phrases, words, and their derivations, shall have the meanings given in this section, in addition to the meanings set forth at BCC 1.04.020:

A. “Authorized litter receptacle” means a litter storage and/or collection receptacle as defined or required by this chapter as now enacted or hereafter amended.

B. “Compost pile” means plant debris, soil and other putrescible wastes stacked so as to encourage rapid decomposition for the ultimate use as plant fertilizer.

C. “Drop box” means a container for the disposal of litter of a capacity of at least 10 cubic yards and not more than 30 cubic yards.

D. “Dumpster” means a container for the disposal of litter of a capacity of at least one and one- quarter cubic yards and not more than eight cubic yards.

E. “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

F. “Handbill” means any printed or written matter, any sample, device, dodger, circular, leaflet, sampler, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copy of any matter of literature, political or nonpolitical, for profit or nonprofit, for commercial or noncommercial purposes not included in the definitions of “newspaper”; except the word “handbill” shall not include any notice or any document relating to legal proceedings, court proceedings or action of any government agency including the city.

G. “Litter” means garbage, refuse, and rubbish, as defined in this section, animal excrement, and in addition, all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a public nuisance.

H. “Litter receptacle” means a container for the disposal of litter of not more than 60-gallon capacity; provided, that garbage containers or other waste containers serving single-family or multi-family residences are not included in this definition.

I. “Newspaper” means any newspaper of general circulation, any newspaper duly entered with the U.S. Postal Service Department of the United States in accordance with federal statute or regulation, and, in addition thereto, means and includes any periodical or magazine regularly published with not less than four issues per year and sold or distributed to the public.

J. “Park” means a park, reservation, playground, beach, recreation center, or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

K. “Private property” means any realty not held out for the use by the public, whether owned or operated by public or private interests, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any dwelling, house, building or other structure, any walk, driveway, porch, steps, vestibule or mailbox located on such realty.

L. “Public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests. “Public place,” for purposes of compliance with the provisions of this chapter regarding placement of litter receptacles in the number specified, shall not include indoor areas. An indoor area shall be construed to mean any enclosed area covered with a roof and protected from moisture and wind.

M. “Refuse” means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, residue from street cleaning and solid market and industrial wastes.

N. “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrapping, cigarettes, cardboard, tin cans, wood, glass, plastic, cloth, bedding, crockery and similar materials.

O. “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 2687 § 1, 1979.)

9.11.030 Prohibited conduct.

A. Deposit in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the city except in litter receptacles or in official county transfer stations.

B. Deposit on Private Property. No person shall throw or deposit litter on any private property within the city, whether owned by such person or not, except that the owner or person in control of the private property may maintain private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements onto any street, sidewalk or other public place or onto any other private property.

C. Deposit in Parks. No person shall throw or deposit litter in any park within the city except in litter receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements onto any part of the park or onto any street or other public place. Where litter receptacles are not provided, all such litter shall be carried away and properly disposed of elsewhere as provided in this chapter.

D. Deposit in Water. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city.

E. Throwing from Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place or upon private property within the city.

F. Litter from Vehicle. No person shall drive or move any vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place or private property. Any person owning or operating a vehicle from which any litter has fallen or escaped, which would constitute an obstruction or damage to a vehicle or otherwise endanger travel upon such public street, shall immediately cause such public street to be cleaned of all such litter or other objects and shall pay any cost thereof.

1. No individual or person in charge of a construction site in the city shall cause or allow any litter from the site to be deposited by the elements or otherwise upon any adjacent public or private property. During such time as the construction site is not actually being used, all litter shall be stored or deposited in containers or receptacles in such a manner as to prevent the litter from being deposited upon adjacent property by the elements or otherwise.

2. No person in charge of any construction site in the city shall cause or allow any mud, dirt, sticky substances, road surfacing materials or other litter from said construction site to be deposited by any vehicles, the wheels or tires of any vehicles, the elements or otherwise upon any street, alley or other public place; provided, however, if a construction site and adjacent public streets and sidewalks are maintained under a clean-up program approved by the department of public works, then this paragraph shall not apply.

H. Sweeping into Gutters. No person shall sweep into or deposit in any gutter, stormwater drain, street or other public place within the city, an accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying any real property within the city shall keep the sidewalk in front of or adjacent to said property free of litter.

I. Dropping Litter or Handbills from Aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object.

1. Depositing in Public. No person shall throw, deposit, or post any handbill in or upon any sidewalk, street or other public place within the city; provided however, this section shall not prohibit the posting of commercial or noncommercial bills on posting boards designated for such purposes; and provided further, this section shall not apply to political signs as permitted pursuant to BCC 22B.10.120(E).

2. Placing on Vehicles. No person shall throw or deposit any handbill in or upon any vehicle without the permission of the owner of such vehicle; provided, however, that it is not unlawful in any public place for a person to hand out or distribute a handbill without charge to the receiver thereof.

3. Deposit on Vacant Property. No person shall throw, deposit, post or distribute any commercial or noncommercial handbill in or upon any private property which is temporarily or continuously uninhabited or vacant.

4. Distribution on Posted Premises. No person shall throw, deposit, post or distribute any handbill upon any private property if requested by the owner or person in control of such property to refrain from doing so or if there is placed on the property in a conspicuous position near the entrance thereof a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice indicating in any manner that the occupants of the premises do not desire to have any such handbills left upon such premises; provided, however, that in case of inhabited private premises which are not posted as provided in this section, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, in such a manner as to prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations; provided further, that this chapter shall not be construed to permit solicitation as prohibited by BCC 10.12.140. (Ord. 4818 § 21, 1995; Ord. 2687 § 1, 1979.)

9.11.040 Property owner’s duty to keep premises litter-free.

The owner, occupant or person in control of any private property or public place shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit: the storage of litter in private litter receptacles for collection or disposal; the maintenance of compost piles contained within a physical structure; and the temporary storage of building, construction, landscaping and similar materials, except as prohibited by BCC 9.20.020L (Ord. 2687 § 1, 1979.)

9.11.050 Placement in litter receptacles.

Persons placing litter in litter receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 2687 § 1, 1979.)

9.11.060 Placement in dumpsters and drop boxes – Dumpster standards.

A. Persons placing litter in dumpsters or drop boxes shall do so in such a manner as to prevent the litter from being carried or deposited by the elements onto any street, sidewalk or other public property or onto any other private property.

B. No person shall deposit litter in any dumpster or drop box designated for the sole use by a business or multi-family residence unless that person or individual is licensed to do so by that business or multi-family residence.

C. All dumpsters are to be equipped with a lid to prevent the contents from being carried or deposited by the elements and to prevent the entrance of dogs or other animals. Lids shall remain closed at all times unless other means of protection are provided to prevent the contents from being scattered by animals or the elements. (Ord. 2687 § 1, 1979.)

9.11.070 Newspapers.

Newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 2687 § 1, 1979.)

9.11.080 Responsibility to procure and place receptacles.

Any person owning or operating any private property or public place, in which litter receptacles are required by this chapter, shall procure, place and maintain such receptacles on the premises at his or her own expense in accordance with the provisions of this chapter. (Ord. 2687 § 1, 1979.)

9.11.090 Authorized litter receptacles – Minimum standards.

Litter receptacles procured and placed in public places as required by this chapter shall meet the following minimum standards:

1. The body of each litter receptacle shall be constructed of a minimum of 24 gauge galvanized steel or other material of equivalent strength that will, with normal wear and tear, reasonably resist corrosion and acts of vandalism.

3. Openings in covered litter receptacles shall be readily identifiable and readily accessible for the deposit of litter.

4. Construction and general configuration of litter receptacles shall be in conformance with all pertinent laws, ordinances, resolutions or regulations pertaining to fire, safety, public health or welfare.

1. The entire outer surface of each litter receptacle shall be colored medium green conforming with Federal Color Standard No. 595A, Color No. 24424, or Color No. 34424.

2. Each litter receptacle shall bear the official anti-litter symbol as specified by the Department of Ecology. The symbol shall be colored deep blue conforming with Federal Color Standard No. 595A, Color No. 15180. The symbol shall not be distorted as to proportion and shall not be incorporated into commercial advertisement on the receptacle. For litter receptacles along the rights-of-way of public roadways, the symbol shall be of a size as to be distinguishable from a minimum distance of 75 feet.

3. The words “Deposit Litter” shall be placed on the litter receptacle. Lettering used for these two words shall be block-type capital letters to be readily legible at a distance of 30 feet.

4. No commercial advertisement shall be placed on any litter receptacle. However, the person owning any receptacle may place a single line on the receptacle identifying the ownership, and a single credit line designating any donor of the litter receptacle other than the owner may also be placed on the receptacle provided that the lettering does not exceed the size specified for the words “Deposit Litter”, and does not interfere with or distract from the prominence of the anti-litter symbol.

C. Maintenance. Compliance with the minimum standards set forth in this section shall include proper upkeep, maintenance, repair or replacement of litter receptacles sufficient to permit such receptacles to serve the functions for which they were designed and to prevent the appearance of such receptacles from becoming unsightly.

D. All litter receptacles are to be braced or supported in such a manner that dogs or other animals cannot enter or tip or tilt the same or empty any of the contents thereof; and each such receptacle shall have overlapping close-fitting lids designed in such a way as to remain closed when not in actual use. (Ord. 2687 § 1, 1979.)

9.11.100 Receptacles – Placements required.

A. Litter receptacles meeting the standards established by this chapter shall be placed in the following public and private places in the city:

14. Outdoor parking lots, other than those specifically designated in this section, having a capacity of more than 50 automobiles;

19. Sites for carnivals, festivals, circuses, shows or events of any kind to which the public is invited.

B. Litter receptacles need only be placed in the public and private places designated in subsection A of this section during times that such places are open to the public.

C. Placement of litter receptacles shall be in conformance with laws, ordinances, resolutions and regulations pertaining to fire, safety, public health or welfare. (Ord. 2687 § 1, 1979.)

9.11.110 Receptacle – Number required.

A. The minimum number of receptacles meeting the standards established by this chapter and required in public places listed in BCC 9.11.100 are as follows:

1. Parks, campgrounds and trailer park facilities for transient habitation: one receptacle at each public restroom facility, and one receptacle at each established trailhead giving access by foot, motorcycle, bicycle or similar trail for excursion or exploration out or away from the central activity area;

3. Drive-in restaurants, tavern parking lots, shopping centers, grocery store parking lots, and outdoor parking lots having a capacity of more than 25 automobiles: one receptacle for the first 25 spaces, plus one additional receptacle for each additional 100 parking spaces;

4. Marinas, boat launching areas, boating moorage and fueling stations, and public and private piers: one receptacle at each main pier, at each float and at each boat launching ramp;

5. Beaches and bathing areas: one receptacle at each public restroom facility, and one receptacle at each access point officially designated as such by the city;

7. Sporting event sites: one litter receptacle at each entrance to the sporting event; sporting event sites with seating capacity of more than 100 spectators: one litter receptacle at each seating area, plus an additional receptacle in each seating area for each additional 500 seats;

8. Fairgrounds and sites for carnivals, festivals, circuses, shows or events of any kind to which the public is invited: one receptacle at the entrance to each ride, and one receptacle at each end of walk-through exhibit buildings. (Ord. 2687 § 1, 1979.)

9.11.120 Litter receptacles – Prohibited acts.

A. No person shall damage, deface, abuse or misuse any litter receptacle not owned by such person so as to interfere with its proper function or to detract from its proper appearance.

B. No person shall deposit leaves, clippings, prunings or gardening refuse in any litter receptacle not owned by such person.

C. No person shall deposit household garbage in any litter receptacle; provided, that this subsection shall not be construed to mean that wastes of food consumed on the premises at any public place may not be deposited in litter receptacles. (Ord. 2687 § 1, 1979.)

9.11.130 Presumption of responsibility.

A person is presumed to be responsible for illegally depositing litter by the discovery of three or more pieces of litter within such illegally deposited litter which are identifiable to such person by means of a name, address or other mark of identification contained on such items. (Ord. 2687 § 1, 1979.)

9.11.140 Violation – Penalty.

A. The violation of or failure to comply with any provision of this chapter is declared to be unlawful.

B. Any violation of any provision of this chapter is a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein.

C. In addition to or as an alternative to any other penalty provided by this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 4215 § 1, 1991; Ord. 2687 § 1, 1979.)

9.11.160 Short title.

This chapter shall be known and may be cited as the “City of Bellevue Anti-Litter Code.” (Ord. 2687 § 1, 1979.)

Chapter 9.12
SANITATION OF LAKES AND STREAMS

9.12.010 Definitions.

A. “Boat” means and includes any vessel or barge used to transport passengers or freight over the water, including pleasure or work craft, canoes, rowboats and motor or sailboats.

B. “Houseboat” means and includes a building constructed upon a float with or without motive power, used wholly or in part for human habitation.

C. “Motorboat” means and includes any boat or vessel propelled by electric motor, internal combustion or steam engines without regard to whether such motor or engine is attached or mounted inboard or outboard.

D. “Polluting material” means and includes any organic substance or chemical compound which has been determined by the Washington State Pollution Control Commission or the Washington State Health Board or a health official designated by the city manager, to be deleterious to the public health.

E. “Seaplane” means and includes any plane equipped with pontoons or hull for operation upon water when the plane is taxiing on the water as defined in subsection G of this section.

F. “Sewer mains” or “sewer pipes” means and includes any sewer main or pipe being a part of a system of mains and treatment plants duly installed and operated by a sewer district under the laws of the state or by the city.

G. “Water,” “stream” or “lake” means and includes the water of any seasonal or continuously flowing stream or any lake or portion of a lake lying partially or completely within or adjacent to the boundaries of the city. (1961 code § 13.04.010.)

9.12.020 Drainage into lakes and streams.

It is unlawful for any person, persons or corporation to throw, drain, run or otherwise discharge into the waters of any stream or lake within the city, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise discharged into such waters, or upon the land of another, any material that shall cause or tend to cause a polluted condition of such waters or land of another. It is a violation of this section to permit the effluent from any drainage field or septic tank to run or seep into any ditch or stream, or upon the land of another, after a health official of the city shall have notified the owner or occupant of the premises on which said septic tank or drainage field is located, that the same has not been lawfully installed or is operating improperly. (1961 code § 13.04.020.)

9.12.040 Dwelling on boats and houseboats.

It is unlawful to live upon any houseboat, boat or barge moored wholly or partially over shorelands within the city limits or abutting upland which is located within the city, unless such houseboat, boat or barge is connected with a district or municipally operated sewerage system, or unless such houseboat, boat or barge is equipped with chemical toilet facilities and other plumbing arrangements so that no polluting materials are discharged into the waters. (1961 code § 13.04.040.)

9.12.050 Discharge from boats moored in city.

It is unlawful for any person, while on any boat moored at any public or private dock, wharf or moorage in water adjacent to or within the jurisdiction of the city:

B. To throw or discard into the waters any waste, trash, refuse, oil, garbage or other fluid or solid material which tends to pollute the water, litter the shore, or give rise to any offensive odor, to create or to aggravate any condition deleterious to the public health. (1961 code § 13.04.050.)

9.12.060 Violation – Penalty.

Any violation of any of the provisions of this chapter constitutes a misdemeanor, and is punishable by a fine of not more than $300.00, or imprisonment for not more than 90 days, or both. (1961 code § 13.04.060.)

Chapter 9.14
SOUND AMPLIFICATION

(Repealed by Ord. 5719)

Chapter 9.16
FALSE ALARMS

Sections:

9.16.010 Purpose.

9.16.020 Definitions.

9.16.030 Emergency response card.

9.16.040 Fees, corrective action, disconnection.

9.16.050 Interest charged on late fees.

9.16.060 Administrative decisions, notice.

9.16.070 Appeal from administrative decision, finality.

9.16.010 Purpose.

It is the intent of this chapter to reduce the number of false alarms occurring within the city and the resultant waste of city resources by providing for corrective administrative action, including fees and potential disconnection and criminal penalties. (Ord. 2474 § 3, 1977.)

9.16.020 Definitions.

In this chapter, unless a different meaning plainly is required:

A. “Person” includes any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.

B. “False alarm” includes the activation of a burglary and/or robbery alarm by other than a forced entry, attempted forced entry, unlawful entry, or actual robbery or attempted robbery on the premises and at the time when no robbery, burglary or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises. (Ord. 2474 § 4, 1977.)

9.16.030 Emergency response card.

It is unlawful to have or maintain on any premises a burglary and/or robbery alarm unless there is on file with the police department an emergency response card containing the name or names and current telephone number or numbers of person(s) authorized to enter such premises and turn off any alarm. Any alarm audible upon abutting property for a period in excess of one hour is declared to be a public nuisance and may be summarily abated by the police department. (Ord. 2474 § 5, 1977.)

9.16.040 Fees, corrective action, disconnection.

For police response to any false alarm, the city shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him fees as follows:

A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” no fee shall be charged. Upon first response, notice of conditions and requirements of this chapter shall be given to the owner or occupant of the premises on which the false alarm occurred and upon which the burglary and/or robbery alarm is located.

B. For a second response to premises within six months after the first response a fee of $75.00 shall be charged. The person having or maintaining such burglary and/or robbery alarm shall, within five working days after notice to do so, make a written report to the chief of police on prescribed forms setting forth the cause of such false alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel, and such other information as the chief of police may reasonably require to determine the cause of such false alarm, any mitigating circumstances and corrective action necessary. The chief of police may direct the person having or maintaining such burglary and/or robbery alarm to have authorized service personnel inspect the alarm at such premises and to take other corrective action as prescribed by the chief of police. All costs of inspection and corrective action shall be borne by the individual having or maintaining the alarm on said premises.

C. For a third response to premises within six months after a second response, a fee of $100.00 shall be charged, and if such third false alarm or any such succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the chief of police may order the person having or maintaining the burglary and/or robbery alarm to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.

D. For a fourth response to premises within six months after the third response, a fee of $125.00 shall be charged, and if such third false alarm or any such succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the chief of police may order the person having or maintaining the burglary and/or robbery alarm to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.

E. For a fifth response to premises within six months after a fourth response, a fee of $150.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section.

F. For a sixth response to premises within six months after a fifth response, a fee of $200.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section.

G. For a seventh response to premises within six months after a sixth response, and for all succeeding responses within six months of the last response, a fee of $250.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section. (Ord. 5577 § 1, 2004; Ord. 4237 § 1, 1991; Ord. 2843 § 1, 1980; Ord. 2474 § 6, 1977.)

9.16.050 Interest charged on late fees.

If payment of any fee due under this chapter is not received by the city of Bellevue finance department by the due date, the city shall add simple interest to the outstanding balance due. For the purposes of this section, the rate of interest to be charged shall be an average of the federal short-term rate as defined in 26 U.S.C. Section 1274(d) plus two percentage points. The rate shall be computed by taking an arithmetical average to the nearest percentage point of the federal short-term rate, compounded annually. That average shall be calculated using the rates from four months: January, April, and July of the calendar year immediately preceding the new year, and October of the previous preceding year. The rate shall be adjusted on the first day of January of each year for use in computing interest for that calendar year. (Ord. 5577 § 2, 2004.)

9.16.060 Administrative decisions, notice.

Notice of imposition of any administrative sanction, including the imposition of a fee or order of disconnection, under the provisions of this chapter, shall be given to the person having or maintaining a burglary and/or robbery alarm on premises owned or occupied by him; provided, that with respect to business premises, the owner, manager or chief administrative agent regularly assigned and employed on the premises at the time of the occurrence of a false alarm shall be presumed to be the person having or maintaining said alarm on said business premises. (Ord. 5577 § 3, 2004; Ord. 2474 § 7, 1977. Formerly 9.16.050.)

9.16.070 Appeal from administrative decision, finality.

Any person subject to the imposition of a fee, order of disconnection or other administrative sanction under the terms of this chapter shall have a right of appeal therefrom to the city hearing examiner. Unless notice of appeal is filed with the city clerk within 10 days of receipt of notice of imposition of an administrative sanction, said sanction is deemed to be final. (Ord. 5577 § 4, 2004; Ord. 4978 § 26, 1997; Ord. 4819 § 6, 1995; Ord. 2474 § 8, 1977. Formerly 9.16.060.)

Chapter 9.18
NOISE CONTROL

Sections:

9.18.010 Purpose.

9.18.015 Definitions.

9.18.020 Exemptions.

9.18.025 Identification of environments.

9.18.030 Maximum permissible environmental noise levels.

9.18.040 Noise disturbances.

9.18.041 Robinsglen Community Park and Lake Hills Greenbelt Access Areas – Designated as quiet zones.

9.18.042 Noise prohibited in quiet zones.

9.18.043 Quiet zone signs.

9.18.044 Posting notice of construction hours – When required.

9.18.045 Repealed.

9.18.045A Sound amplification permits.

9.18.045B Development restrictions.

9.18.046 Variance.

9.18.050 Violation – Penalty.

9.18.060 Administration and authority.

9.18.070 Repealed.

9.18.080 Construction – Severability.

9.18.010 Purpose.

The purpose of this chapter is to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise. The intent of the city council is to control the level of noise pollution in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment by establishing maximum environmental noise levels applicable within designated areas or zones of the city; to adopt appropriate exemptions to the provisions of this chapter to allow for the functioning of commercial business and the operation of construction and emergency equipment; and to declare certain noise-producing activities to be noise disturbances. (Ord. 5719 § 2, 2007; Ord. 4241 § 2, 1991.)

9.18.015 Definitions.

All terminology used in this chapter which is not defined below shall be interpreted in conformance with the most recent definitions used by the American National Standards Institute (ANSI) or its successor body.

A. “Arterial” means a principal, minor or collector arterial as now or hereafter defined in the city’s comprehensive plan, Policy TR-39.

B. “A-weighted sound level” means the sound pressure level in decibels measured using the “A”-weighted network on a sound level meter as specified by the American National Standards Institute specification for sound level meters as now existing or as hereafter amended or modified. The level so read is designated dBA.

C. “Construction” means any site preparation (including blasting), assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights-of-way, structures, utilities or similar property.

D. “Decibel (dB)” means a unit for measuring the volume of sound.

E. “EDNA” means environmental designation for noise abatement, which is an area within which maximum permissible noise levels are established by the Washington State Department of Ecology and this code.

F. “Emergency work” means work required to restore property to a safe condition following a public calamity, work required to protect persons or property from imminent exposure to danger, or work by private or public utilities to provide or restore immediately necessary utility service.

G. “Generator, portable” means an electricity-generating device that is not permanently mounted and uses temporary wiring to supply electrical service.

H. “Generator, stationary” means an electricity-generating device with noise attenuation that is permanently mounted and uses permanent wiring to supply electrical service.

I. “Heavy equipment” means backhoes, concrete mixing and pumping trucks, compactors/rollers, cranes, dozers, dump trucks, excavators, forklifts, graders, jackhammers, loaders, pavement breakers, pile drivers, portable crushers, tractors, trailer-mounted woodchippers, trenchers, or other pieces of equipment that generate similar levels of noise.

J. “Impulsive sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay, with a peak value exceeding the ambient level by more than 10 dBA.

K. “Ldn” means the day-night average sound level which is a 24-hour energy average of the A-weighted sound pressure level where 10 dBA is added to nighttime noise levels from 10:00 p.m. to 7:00 a.m. before averaging.

L. “Legal holiday” means Sundays and holidays as defined by the city of Bellevue and in RCW 1.16.050 as now exists or as hereafter amended or modified.

M. “Leq” means the equivalent A-weighted sound level which is the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound.

N. “Noise disturbance” means any sound which annoys, disturbs, or perturbs reasonable persons with normal sensitivities; or any sound which unreasonably injures or endangers the comfort, repose, health, hearing, peace, or safety of persons or animals.

O. “Person responsible for the violation” means any person who is required by the applicable regulation to comply therewith, or who commits any act or omission which is a violation or causes or permits a violation to occur or remain upon property in the city, and includes but is not limited to owner(s), lessor(s), tenant(s), or other person(s) entitled to control, use and/or occupy property where a violation occurs.

P. “Pure tone component” means any sound which can be distinctly heard as a single pitch or a set of single pitches. A pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five decibels for center frequencies of 500 Hz and above, by eight decibels for center frequencies between 160 Hz and 400 Hz, and by 15 decibels for center frequencies less than or equal to 125 Hz.

Q. “Receiving property” means real property within which sound originating from outside the property is received.

R. “Sound amplification equipment” means any machine or device for the amplification of the human voice, music or any other noise or sound.

S. “Sound level” means a weighted sound pressure level measured by the use of a sound level meter using an A-weighted network and reported as decibels, dBA.

T. “Sound level meter” means a device which measures sound pressure levels and conforms to Type I, S1A, Type II or S2A, as specified in the American National Standards Institute Specification Section 1.4 (1971) as now exists or as hereafter amended or modified.

U. “Warning device” means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including but not limited to a burglar alarm or vehicle backup signal.

V. “Weekday” means any day Monday through Friday which is not a legal holiday.

W. “Weekend” means Saturday, Sunday and any legal holiday. (Ord. 5719 § 3, 2007; Ord. 5300 § 1, 2001; Ord. 5194 § 1, 2000; Ord. 4996 § 3, 1997; Ord. 4241 § 2, 1991.)

9.18.020 Exemptions.

A. The following sounds are exempt from the provisions of this chapter:

1. Sounds caused by natural phenomena or wildlife; and

2. Unamplified sounds created by domestic animals as permitted by BCC Title 20, or as regulated by Chapter 8.04 BCC; and

3. Sounds created by emergency equipment and work necessary for law enforcement or for the health, welfare and safety of the community; and

4. Sounds created by portable generators during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage; and

5. Sounds created by stationary generators that do not exceed a sound level of 75 dBA at any property line during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage; and

6. Sounds originating from aircraft in flight; and

7. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; and

8. Sounds created by watercraft when regulated by Chapter 173-70 WAC; and

9. Sounds created by surface carriers engaged in interstate commerce by railroad; and

10. Sounds created by safety and protective warning devices where noise suppression would render the device ineffective; and

11. Sounds created by existing electrical substations and stationary equipment used to convey water, wastewater or natural gas by a utility; and

12. Sounds from existing industrial installations which exceed standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of normal necessity and/or demonstrated routine normal operation. Changes in working hours, which would increase the average day-night sound level (Ldn), require written approval of the director of the development services department; and

13. Sounds, including sounds created by sound amplification equipment, emanating from any event or activity, for which a permit has been issued pursuant to Chapter 3.43 or 14.50 BCC; provided, that sound created by sound amplification equipment from such event shall be exempt only if the permit issued pursuant to Chapter 3.43 or 14.50 BCC authorized the use of sound amplification equipment and such use was in compliance with all terms and conditions of the permit; and

14. Sounds created by sound amplification equipment which have been approved through, and are in compliance with all terms and conditions of, a conditional use permit pursuant to Chapter 20.30B LUC.

B. The following sounds are exempt from the provisions of this chapter at all times if the receiving property is in Class B and Class C EDNAs, and between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends if the receiving property is located in a Class A EDNA:

1. Sounds created by bells, chimes and carillons not operating continuously for more than five minutes in any one hour; and

2. Sounds created by the repair or installation of essential utility services and streets; and

3. Sounds relating to temporary repair, addition or maintenance projects on existing single-family homes, grounds and appurtenances (except that sounds created by heavy equipment will be regulated pursuant to the construction noise exemption contained in subsection C of this section); and

4. Sounds emanating from discharge of firearms on legally established shooting ranges; and

5. Sounds created by repairing, rebuilding, modifying, operating or testing any motor vehicle or internal combustion engine (except for portable and stationary generators located in a Class A EDNA which are exempt only during the hours of 9:00 a.m. to 6:00 p.m. daily when electrical service is available from the primary supplier and except for heavy equipment, which will be regulated pursuant to the construction noise exemption contained in subsection C of this section); and

6. Sounds created by commercial business activity including, but not limited to: handling containers and materials; or sweeping parking lots and streets (except sweeping parking lots of businesses engaged in retail trade as defined in the Standard Industrial Classification Manual is exempt until 12:00 midnight); or boarding domestic animals (except expanded hours of operation may be authorized by the applicable department director).

C. Sounds created by construction and emanating from construction sites are exempt from the provisions of this chapter between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and 9:00 a.m. and 6:00 p.m. on Saturdays which are not legal holidays. Sounds emanating from construction sites on Sundays or legal holidays or outside of the exempt work hours are prohibited pursuant to BCC 9.18.040 unless expanded hours of operation are authorized by the applicable department director subject to the following criteria. Approval of expanded exempt hours may be authorized if:

1. Necessary to accommodate transportation mitigation such as evening haul routes; construction on schools and essential government facilities which cannot be undertaken during exempt hours; construction activities and site stabilization in the fall prior to the onset of winter weather; or emergency work; or

2. Sounds created by construction will not exceed the maximum permissible environmental noise levels contained in BCC 9.18.030 as verified by sound level monitoring conducted before and during construction by a qualified acoustic consultant.

D. Sounds created by sound amplification equipment, and not otherwise permitted pursuant to BCC 9.18.020(A)(13) are exempt from the provisions of this chapter between the hours of 8:00 a.m. and 5:00 p.m. pursuant to a permit issued by the director of the department of planning and community development. Use of sound amplification equipment may be authorized by the director of the department of planning and community development pursuant to BCC 9.18.045A.

E. Sounds originating from public parks, playgrounds, and recreation areas are exempt from the provisions of this chapter during the hours the parks, playgrounds or recreation areas are open for public use as established under Chapter 3.43 BCC, as now existing or hereafter amended and modified.

F. The sounds in subsections B, D and E of this section are subject to the maximum permissible environmental sound levels in BCC 9.18.030 and the noise disturbance provisions in BCC 9.18.040 at all times other than when they are specifically exempt or authorized.

G. Nothing in these exemptions is intended to preclude the applicable department director through the authority of the State Environmental Policy Act from requiring installation of the best available noise abatement technology consistent with feasibility. (Ord. 5821 § 14, 2008; Ord. 5719 § 4, 2007; Ord. 5300 § 2, 2001; Ord. 5194 § 2, 2000; Ord. 4996 §§ 4, 5, 1997; Ord. 4277 § 1, 1991; Ord. 4241 § 3, 1991; Ord. 3491 § 1, 1985.)

9.18.025 Identification of environments.

A. Environmental designations for noise abatement are as follows:

1. Residential land use district: Class A EDNA;

2. Commercial land use district: Class B EDNA;

3. Industrial land use district: Class C EDNA.

B. The land use districts listed in the city of Bellevue Land Use Code, BCC Title 20, are classified for the purposes of this chapter as follows:

1. Residential land use district: R-1, R-1.8, R-2.5, R-3.5, R-4, R-5, R-7.5, R-10, R-15, R-20, R-30;

2. Commercial land use district: PO, O, OLB, OLB-OS, NB, CB, DNTN-O-1, DNTN-O-2, DNTN-MU, DNTN-R, DNTN-OB, DNTN-OLB, F1, F2, F3, MI;

3. Industrial land use district: LI, GC. (Ord. 5719 § 5, 2007; Ord. 5300 § 3, 2001; Ord. 4241 § 4, 1991.)

9.18.030 Maximum permissible environmental noise levels.

A. No person shall cause or permit sound to intrude onto the real property of another person which exceeds the maximum permissible sound levels established by this chapter. The point of measurement shall be at the property boundary of the receiving property or anywhere within.

B. For sound sources located within the city, the maximum permissible sound sources are as follows:

Maximum Permissible Sound Levels
by Receiving Property

EDNA of EDNA of

Noise Source Receiving Property

Class A Class B Class C

(dBA) (dBA) (dBA)

Class A 55 57 60

Class B 57 60 65

Class C 60 65 70

C. Modifications to maximum permissible sound levels are as follows:

1. Reduce by 10 dBA, nights, 10:00 p.m. to 7:00 a.m., for receiving property in Class A EDNAs; and

2. Reduce by five dBA for impulsive or pure tone sounds for any receiving property at any time; and

3. Increase for short duration for any receiving property at any time:

a. Increase by five dBA for 15 minutes in any one-hour period; or

b. Increase by 10 dBA for five minutes in any one-hour period; or

c. Increase by 15 dBA for 1.5 minutes in any one-hour period; and

4. Increase by 10 dBA for the operation of sound amplification equipment operated in compliance with a permit issued pursuant to BCC 9.18.020D.

D. If the measurements of sound are made with a sound level meter, the instrument shall be in good operating condition and shall meet the requirements for a Type I or Type II instrument, as described in American National Standards Institute Specifications as now exist or as hereafter amended or modified. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in the National Standards Institute Specifications.

E. Where a receiving property lies within more than one EDNA, the maximum permissible sound level shall be determined by the most noise-sensitive EDNA. (Ord. 5719 § 6, 2007; Ord. 4241 § 5, 1991; Ord. 3491 § 1, 1985.)

9.18.040 Noise disturbances.

A. All noise disturbances, defined in BCC 9.18.015 and not exempt under BCC 9.18.020, are prohibited at all times. The content of the sound will not be considered in determining a violation. The following acts are considered to be noise disturbances, if the noise is clearly audible across a real property boundary, or at least 75 feet from the source:

1. Operating or playing, or permitting the operating or playing of, any audio equipment, television set, musical instrument and similar device, whether portable or stationary or mounted on or within a motor vehicle;

2. Creating loud and raucous, and frequent, repetitive, or continuous sounds with the human voice;

3. Intentional sounding or permitting the sounding outdoors of any emergency warning device where an actual emergency does not exist; provided, that sounds created during maintenance or testing of such emergency warning devices does not constitute a noise disturbance;

4. Permitting any sounds to emanate from a construction site outside the hours that construction sounds are exempt from the provisions of this chapter or outside expanded hours authorized by the applicable department director pursuant to BCC 9.18.020C;

5. Operating sound amplification equipment not in compliance with a permit issued pursuant to BCC 9.18.045A or a conditional use permit issued pursuant to Chapter 20.30B LUC;

6. The foregoing enumeration of acts shall not be construed as excluding other acts which may constitute noise disturbances.

7. Sounds which do not exceed the maximum environmental noise levels set forth in BCC 9.18.030 may constitute noise disturbances. (Ord. 5719

Title 9HEALTH AND SAFETY

Chapter 9.04HEALTH AND SAFETY CODES ADOPTED

9.04.010 Codes adopted.

9.04.020 Inspection and condemnation of buildings.

9.04.030 Violation – Penalty.

Chapter 9.06FOOD SERVICE ESTABLISHMENTS

9.06.010 Definitions.

9.06.020 Food sources and protection.

9.06.030 Employees – Health and disease control.

9.06.040 Employees – Cleanliness.

9.06.050 Equipment and utensils.

9.06.060 Cleanliness of equipment and utensils.

9.06.070 Water supply.

9.06.080 Sewage disposal.

9.06.090 Plumbing.

9.06.100 Toilet facilities.

9.06.110 Hand-washing facilities.

9.06.120 Garbage and rubbish disposal.

9.06.130 Vermin control.

9.06.140 Floors, walls and ceilings.

9.06.150 Lighting.

9.06.160 Ventilation.

9.06.170 Dressing rooms and lockers.

9.06.180 Sanitation regulations.

9.06.190 Extent of chapter coverage.

9.06.200 Permit.

9.06.210 Permit – Suspension.

9.06.220 Permit – Revocation.

9.06.230 Inspection of food service establishments.

9.06.240 Inspection records.

9.06.250 Service of notices.

9.06.260 Examination and condemnation of food.

9.06.270 Food from out-of-city establishments.

9.06.280 Plan review of future construction.

9.06.290 Procedure when infection is suspected.

9.06.300 Enforcement – Authority.

9.06.310 Violation – Penalty.

Chapter 9.09ABATEMENT OF JUNK VEHICLES

9.09.010 Purpose.

9.09.020 Definitions.

9.09.030 Exemptions.

9.09.040 Abatement and removal of junk vehicles on private property.

9.09.050 Violation – Penalty.

9.09.060 Severability.

Chapter 9.10NUISANCES1

9.10.010 Definitions.

9.10.020 Prohibited conduct.

9.10.030 Types of nuisances.

9.10.040 Violation – Penalty.

Chapter 9.11ANTI-LITTER CODE

9.11.010 Purpose.

9.11.020 Definitions.

9.11.030 Prohibited conduct.

9.11.040 Property owner’s duty to keep premises litter-free.

9.11.050 Placement in litter receptacles.

9.11.060 Placement in dumpsters and drop boxes – Dumpster standards.

9.11.070 Newspapers.

9.11.080 Responsibility to procure and place receptacles.

9.11.090 Authorized litter receptacles – Minimum standards.

9.11.100 Receptacles – Placements required.

9.11.110 Receptacle – Number required.

9.11.120 Litter receptacles – Prohibited acts.

9.11.130 Presumption of responsibility.

9.11.140 Violation – Penalty.

9.11.160 Short title.

Chapter 9.12SANITATION OF LAKES AND STREAMS

9.12.010 Definitions.

9.12.020 Drainage into lakes and streams.

9.12.040 Dwelling on boats and houseboats.

9.12.050 Discharge from boats moored in city.

9.12.060 Violation – Penalty.

Chapter 9.14SOUND AMPLIFICATION

Chapter 9.16FALSE ALARMS

9.16.010 Purpose.

9.16.020 Definitions.

9.16.030 Emergency response card.

9.16.040 Fees, corrective action, disconnection.

9.16.050 Interest charged on late fees.

9.16.060 Administrative decisions, notice.

9.16.070 Appeal from administrative decision, finality.

Title 9
HEALTH AND SAFETY

Chapter 9.04
HEALTH AND SAFETY CODES ADOPTED

Chapter 9.06
FOOD SERVICE ESTABLISHMENTS

Chapter 9.09
ABATEMENT OF JUNK VEHICLES

Chapter 9.10
NUISANCES¹

Chapter 9.11
ANTI-LITTER CODE

Chapter 9.12
SANITATION OF LAKES AND STREAMS

Chapter 9.14
SOUND AMPLIFICATION

Chapter 9.16
FALSE ALARMS

Chapter 9.18
NOISE CONTROL