12.03A.010 Definitions.
For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever required. The word “shall” is mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
“Town” is the Town of Garfield, Washington, a Fourth Class Town and Municipal Corporation of the State of Washington.
“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 chief law enforcement officer determines is necessary in the interest of the general health, safety and welfare of the community.
“Chief law enforcement officer” means the Garfield Town Marshall or his or her designees, or the chief officer or designees of any law enforcement agency with which the Town has contracted to provide policing services to the Town.
“Control” means the power or ability to direct or determine conditions, conduct, or events occurring on a property.
“Chronic nuisance property” means:
(a) A property on which three or more nuisance activities exist or have occurred during any sixty-day period or seven or more nuisance activities have occurred during any twelve-month period; or
(b) A property which, upon a request for execution of a search warrant, has been the subject of a determination by a court two or more times within a twelve-month period that probably cause exists that illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in RCW Chapter 69.50 has occurred on the property.
“Nuisance activity” means any of the following activities, behaviors, or conduct:
(b) Any violations of the following Titles or Chapters of the Garfield Municipal Code:
(i) Chapter 12.08 (firearms);
(ii) Chapter 12.09 (fireworks);
(iii) Chapter 12.12 (public health);
(iv) Chapter 12.14 (junk vehicles);
(v) Title 9 (animals);
(vi) Title 14 (public peace);
(vii) Chapter 22.16 (manufactured mobile home installations).
(c) Liquor related offenses as defined in RCW Chapter 66.28 and 66.44.
(d) Possession, manufacture or delivery of a controlled substance or related offenses as defined in RCW Chapter 69.50.
For the purposes of the subsection, all reference to any Garfield Municipal Code Title or Chapter shall refer to such Title or Chapter as in effect as of the date of the enactment of this chapter, or as thereafter amended.
“Owner” means any person who, alone or with others, has title or interest in any property.
“Person” means an individual, group of individuals, corporation, partnership, association, club, company, business trust, joint venture, organization, or any other legal or commercial entity or the manager, lessee, agent, officer or employee of any of them.
“Person in charge” of a property means the owner and, if different than the owner, any other person in actual or constructive possession of a property, including but not limited to, a lessee, tenant, occupant, agent, or manager of a property under his or her control.
“Property” means any land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or position thereof.
“RCW” means the Revised Code of Washington. (Ord. 419-N, §1, 2012)