ORD 12-715ORDINANCE N0. 12-715
AN ORDINANCE of the City of Federal Way, Washington, relating
to boats and watercraft; amending FWRC 7.03.010 and FWRC
7.03.040. (Amending Ordinance Na 09-596)
WHEREAS, Steel Lake and North Lake were protected prior to incorporation by a King
County ordinance prohibiting use of internal combustion engines, and this ordinance would
replace the county ordinance; and
WHEREAS, boats and watercraft powered by internal combustion engines create
discordant and unnecessary noise; and
WHEREAS, boats and watercraft powered by internal combustion engines may directly
discharge pollutants that are harmful to the environment into lakes, and
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the
City to amend these sections, which bear a substantial relation to public health, safety, or welfare
of the people of Federal Way; axe consistent with the applicable provisions of the comprehensive
plan; and are in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section l. FWRC 7.03.010 is hereby amended to read as follows:
7.03.010 Purpose and intent.
The purpose of this title is to provide for the protection of the health, safety, and general welfare of the
citizens of the city of Federal Way by proscribing those nuisances which affect the rights of the
community. The presence of nuisances enumerated in this title requires an emphasis on measures to
correct those conditions which are injurious to the public health, safety, and welfare. It is the intent of the
city council to establish efficient administrative procedures to enforce the regulations of the city, to
provide a prompt process to address alleged violations, and to establish standards to be used by the city to
abate public nuisances. The intended result of abating a public nuisance is to protect public health and
property values by reducing noxious weeds, providing for safer pedestrian and automobile traffic flow,
reducing impacts to the environment by preventing the indiscriminate starage of inoperable vehicles and
use of internal combustion engines on Steel Lake and North Lake, and protecting the health, safety, and
general welfare of the citizens. Unkempt, unsafe, unsanitary and otherwise improperly maintained
Ordinance Na 12-71 S Page 1 of 4
premises and structures, sidewalks and easements within the city create obvious hazards. Also, these
conditions adversely affect the value, utility and habitability of property within the city as a whole and
specifically cause substantial damage to adjoining and nearby property. The economic well-being of the
city is materially and adversely affected by nuisances. This title conveys to the city administration all
necessary and proper powers to abate nuisances as they are described or found to exist and to charge the
costs of their abatement to those responsible, the owners and occupants of the property upon which
nuisances exist, and those properties themselves. This title is an exercise of the city's police power, and it
shall be liberally construed to effect this purpose.
Section 2. FWRC 7.03.040 is hereby amended to read as follows:
7.03.040 Specific public nuisances.
The following specific acts, omissions, places, conditions, and things, including those that create,
maintain, use, cause, allow, or permit to exist or remain on any public or private property any of the
following specific acts, omissions, places, conditions, and things, are hereby declared to be public
nuisances:
(1) Excavations or naturally occurring holes, including, but not limited to, privies, vaults, cesspools,
sumps, pits, wells, or any other similar conditions, which are not secure and which constitute a concealed
danger or other attractive nuisance;
(2) Making, causing, or permitting to be made discordant and unnecessary noise of any kind which
annoys any significant number of persons lawfully in the immediate area, whether by means of any
speaker or other sound-amplifying device, horn, or other meclianical device; or by outcry, loud speaking,
singing; or by any other means;
(3) The discharge of sewage, human excrement, or other wastes in any location or manner, except
through systems approved for the conveyance of such, to approved public or private disposal systems and
which are constructed and maintained in accordance with the provisions this Code, other applicable law,
or in a manner injurious to the public health;
(4) Animal parts, manure, excreta, or wastes including bones, meats, hides, skins, or any part of any
dead animal, fish, or fowl, which are improperly handled, contained, or removed from a premises; placed
in any watercourse,lake, or street; or allowed to become putrid, offensive, and injurious to the public
health;
(5) The erection or use of any building, room, or other place in the city for exercise of any trade,
employment, or manufacture which, by emitting noxious e�chausts, particulate matter, offensive odors, or
other related annoyances, is discomforting, offensive, or detrimental to the health of individuals or of the
public;
(6) Any poisonous material or thing on any property, placed so as to be dangerous to any person or
domesticated animal;
(7) Storing of flammable junk on any property, including but not limited to old rags, rope, cordage,
rubber, boxes, or paper, unless it is in a building of fireproof construction;
(8) Burning or disposal of refuse, sawdust, or other material in such a manner as to cause or permit
ashes, sawdust, soot, or cinders to be cast upon the streets of the city, or to cause or permit the smoke,
ashes, soot, or gases arising from such burning to become annoying or to injure or endanger the health,
comfort, or repose of persons;
(9) To carry on the business of manufacturing gun powder, nitroglycerine, or other highly explosive
substance, mixing or grinding such materials, or to establish a powder magazine within 1,000 feet of any
building or without all necessary permits;
(10) Filthy, littered, trash-covered, or overgrown premises or abutting street and alley rights-of-way for
which a property owner is responsible, including, but not limited to:
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(a) Storing outside a completely enclosed building litter, junk, or cut brush or wood including
dead or decaying plant material except as contained in a compost pile or orderly stacked firewood if cut in
lengths of four feet or less, or items that threaten public health, safety or welfare;
(b) All unused, abandoned or discarded refrigerators, ice boxes or like containers which are left
in any place exposed or accessible to children, whether such is outside any building or dwelling or within
any unoccupied or abandoned building, dwelling or other structure;
(c) All places used or maintained as dumps, junkyards, or automobile or machinery disassembly
yards or buildings not properly permitted and licensed or not in compliance with any law or regulation;
(11) Any unsightly, abandoned, or deteriorated structure constructed with inappropriate materials or
improperly fastened together or anchored against the forces of nature; any screening which is in a falling,
decayed, dilapidated, or unsafe condition; any structure where construction was commenced and the
structure was left unfinished; or any structure that has been constructed or modified without permits or
which is otherwise in violation of city ordinance;
(12) Personal property left in the public right-of-way of any road or alley, including but not limited to
any personal and household items, furniture, appliances, machinery, equipment, building materials; and
the abandonment or allowing the abandonment of property in any public right-of-way;
(13) The parking or storage of vehicles on single-family residential lots in violation of the parking
regulations in this Code;
(14) To obstruct, impede, or encroach upon, without legal authority, the use of any river, harbor, lake,
waterway, landing place, right-of-way, street, private way, or public area; to unlawfully obstruct or
impede the flow of municipal transit vehicles or passenger traffic, access to municipal transit vehicles or
stations, to unlawfully obstruct or impede a municipal transit driver, operator, or supervisor in the
performance of that individual's duties; or otherwise interfere with the provision or use of public
transportation services; or to create or place any deviee simulating traffic control signs;
(15) To suffer, maintain, or permit to be maintained any place where intoxicating liquors are
unlawfully kept for sale or disposal to the public;
(16) Any place where fighting between people or animals or birds is unlawfully conducted or allowed;
(17) Those acts, omissions, places, conditions, and things declared nuisances elsewhere in this title or
elsewhere in the Code, including in FWRC 6.70.010 and Chapter 9.15 FWRC;
(18) All violations of development,land use, public health, safety, and welfare and sanitation rules,
regulations, or ordinances of the city or Seattle-King County health department rules, regulations, or
ordinances;
� 19, Use or operation of any internal combustion engine on Steel Lake and North Lake, provided, that
this provision shall not ap�lv to authorized law enforcement or emer�ency vessels or watercraft, or to
authorized vessels or watercraft which are actually engaged in or being�repared for duties such as
maintenance, scientific study, or protection of lakes or wetlands.
(�420a Anything meeting the definition of a public nuisance under this title.
Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. T'he City Council of the City of
Federal Way hereby declares that it would have adopted this chapter and each section,.
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
Ordinance Na 12-71 S Page 3 of 4
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto..
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 7th day of February, 2012.
CITY OF FEDERAL WAY
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APPROVED AS TO FORM:
C TY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: O1/10/2012
PASSED BY THE CITY COUNCIL: 02/07/2012
PUBLISHED: 02/10/2012
EFFECTIVE DATE: 03/12/2012.
ORDINANCE NO.: 12-715
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