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Title 8 HEALTH AND SAFETY

Contents

 

Chapters:

8.04 Health and Sanitation Code

8.08 Abandoned Vehicles

8.12 Fireworks

8.16 Cremation of Unclaimed Remains of Indigent Persons

8.20 Open Burning

8.24 Solid Waste Management Plan

8.25 Solid Waste Handling Standards

8.28 Hazardous Waste Management Plan

8.33 Sewage Disposal Systems

8.36 Weed Control

8.40 E 911 Addressing System

Chapter 8.04 – HEALTH AND SANITATION CODE

Sections:

Article I. General Provisions and Definitions

8.04.010 Title.

8.04.020 Definitions.

8.04.030 Jurisdiction–Enforcement.

8.04.040 Interference with notices.

8.04.050 Special provisions.

8.04.060 Inspections–Generally.

8.04.070 Permits–Generally.

8.04.080 Permit fees.

8.04.085 Residential premises–Toilet and sink.

8.04.090 Violations–Penalties.

Article II. Food Establishments

8.04.100 Rules and regulations adopted.

8.04.110 Additional requirements.

8.04.120 Permits.

Article III. Swimming Pools, Wading Pools, Spray Pools and Bathing Beaches

8.04.130 Standards.

Article IV. Camps and Parks

8.04.140 Definitions.

8.04.150 Permits.

8.04.160 Location or site.

8.04.170 Unauthorized camping.

8.04.180 Supervision.

8.04.190 Water supply.

8.04.200 Toilet and hand washing facilities.

8.04.210 Showers and laundry facilities in camps.

8.04.220 Sewage and liquid waste disposal.

8.04.230 Sleeping and living quarters.

8.04.240 Foodhandling.

Article V. Tourist Accommodations

8.04.250 Definitions.

8.04.260 Permits.

8.04.270 Reporting of diseases.

Article VI. Sewage and/or Waste Removers

8.04.280 Definitions.

8.04.290 Permits.

8.04.300 Equipment.

8.04.310 Records.

8.04.320 Disposal sites.

8.04.330 Additional requirements.

Article VII. Garbage and Refuse

8.04.340 Definitions.

8.04.350 Accumulation of refuse.

8.04.360 Transporting refuse.

8.04.370 Disposal sites.

8.04.380 Dead animals.

8.04.390 Permit and bond.

8.04.400 Manure.

Article VIII. Vector Control

8.04.410 Definitions.

8.04.420 Breeding and harborage.

8.04.430 Abatement.

Article IX. Water Supply

8.04.440 Purity standards–Violation– Penalty.

Article X. Appeal and Validity

8.04.450 Right of appeal.

Article I. General Provisions and Definitions

8.04.010 Title.

The rules and regulations contained in this chapter shall be known as the “Health and sanitary code of the Lincoln County department of health.” (Res. dated 7-5-1966 Art. § 1)

8.04.020 Definitions.

As used in this chapter, the following terms are defined in this section.

  • “Board of health” means the Lincoln County board of health pursuant to the provisions of RCW 70.50.030.
  • “Department of health” or “department” means the Lincoln County health department.
  • “Health officer” means the Lincoln County health officer, and/or his/her authorized representative.
  • “Health and sanitary rules” or “code” means and comprises the rules and regulations now formulated, promulgated, adopted and subsequently amended by the Lincoln County board of health and approved by the Washington State Board of Health.
  • “Person” means any individual, firm, corporation or association. (Amended during 1999 codification; Res. dated 7-5-1966 Art. § 2)

8.04.030 Jurisdiction–Enforcement.

  1. Jurisdiction. The provisions of this code shall be in force within the jurisdiction of the Lincoln County board of health.
  2. Enforcement. It shall be the duty of the Lincoln County health officer or his/her authorized representatives to enforce the provisions of this code. (Res. dated 7-5-1966 Art. §§ 3, 4)

8.04.040 Interference with notices.

It is unlawful for any person to remove, mutilate or conceal any notice or placard of the department of health posted in or on any premises or public place except by permission of the health officer or authorized representative. (Res. dated 7-5-1966 Art. § 6)

8.04.050 Special provisions.

The regulations of this code shall be supplemental to the rules and regulations of the State Board of Health, Public Health Law, Penal Law, and other Washington State laws relating to public health and shall, as to matters to which it refers, and within the jurisdiction heretofore prescribed, supersede all prior rules and regulations of the board of health and all local ordinances heretofore enacted inconsistent herewith. (Res. dated 7-5-1966 Art. § 7)

8.04.060 Inspections–Generally.

  1. All premises covered by this code shall be subject to the inspection by the health officer or authorized representative, and if in violation of the health and sanitary code its operation may be suspended forthwith.
  2. No person, firm or corporation shall refuse to allow the health officer or authorized representative to fully inspect any and all premises entered in the performance of his/her duty and no person, firm or corporation shall molest or resist the health officer or authorized representative in the discharge of his/her duties. (Res. dated 7-5-1966 Art. § 8)

8.04.070 Permits–Generally.

  1. All applications for permits or written approval herein required shall be made upon forms prescribed and furnished by the department of health and shall be signed by the applicant who shall be the person or authorized agent of a firm or corporation responsible for conformance to the conditions of the permit or approval applied for. Such application shall contain such date and information and be accompanied by such plans and specifications as may be required by the health officer. A permit issued to a particular person, firm or corporation or for a designated place, purpose or vehicle shall not be valid for use by any other person, firm or corporation or for any other place, purpose or vehicle than that designated therein. Such permits or written approvals may contain general and specific conditions and every person, firm or corporation which shall have obtained a permit or written approval as herein required shall conform to the conditions prescribed in said permit or written approval and to the provisions of the health and sanitary code. Every such permit shall expire as stated on the permit and may be renewed by the health officer after due notice and hearing.
  2. Upon receipt of an application for a permit or renewal permit, an inspection shall be made by the health officer or authorized representative and if the premises of the business meets the provisions of the pertinent Washington State Board of Health Rules and Regulations, and the Lincoln County health and sanitary code, the health officer shall issue a permit or renewal permit for the premises or business named in the application.
  3. Application for a permit or renewal of a permit shall be made not less than thirty (30) days prior to the date of expiration of the current permit.
  4. The health officer may issue a provisional permit for a specified period of time, provided the owner has agreed in writing to comply with the provisions of the pertinent rules and regulations in a specified time, and provided, further, that such provisional permit shall stipulate the terms, requirements or conditions under which the premises or business may operate. (Res. dated 7-5-1966 Art. § 9)

8.04.080 Permit fees.

  1. All fees collected under the provisions of this sanitary code shall be payable to the Lincoln County health department, and credited to the public health pooling fund to aid in the carrying out of the provisions of the Health and Sanitary Code.
  2. An annual fee for each establishment listed shall be ten dollars ($10.00) for each year or two dollars and fifty cents ($2.50) per quarter. A part of any three-month period shall be considered one quarter. All permits shall terminate March 31st of each year. Temporary establishments or short season operations may be issued temporary permits on the pro-rated scale. Fee shall apply to the following:
    1. Food-service establishments;
    2. Mobilehome vehicle parking facilities;
    3. Camping vehicle parking facilities;
    4. Camps and parks;
    5. Farm labor facilities.
  3. Permit, fees and other requirements for mobile type business or installation service are outlined in the following articles:
    1. Article VI, Sewage and/or waste removers;
    2. Article VII, Garbage and refuse.
  4. Permit fees not paid by the due date will be assessed a five dollar ($5.00) late charge in addition to the required permit fee. Permits more than thirty (30) days late shall be assessed a ten dollar ($10.00) late charge in addition to the regular permit fee. Persons operating without current, valid permit may be closed without notice until such a permit is obtained.
  5. The fee schedule is subject to change upon resolution by the Lincoln County commissioners. (Res. 81-22; Res. dated 5-17-1076; Res. dated 7-5-1966 Art. § 10)

8.04.085 Residential premises–Toilet and sink.

Each premises or building to be used for residential purposes shall have a minimum of a flush type toilet and a sink with potable running water. The plumbing installation must meet requirements and standards as set forth in the current issue of the Uniform Plumbing Code. (Res. dated 10-7-1974 ” I)

8.04.090 Violations–Penalties.

  1. Any person who violates or refuses to or fails to comply with the provisions of the Washington State Health Rules and Regulations or of this code may be subject to prosecution under and penalties provided for in RCW 70.05.120.
  2. It should be noted that upon conviction thereof shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or to imprisonment in the county jail not to exceed ninety (90) days or both fine and imprisonment. (Amended during 1999 codification; Res. dated 7-5-1966 Art. § 5)

Article II. Food Establishments

8.04.100 Rules and regulations adopted.

The Lincoln County board of health does adopt the rules and regulations of the Washington State Board of Health for food service sanitation for Lincoln County and by this reference makes the said

rules and regulations part of this health and sanitary code. (Res. dated 7-5-1966 Art. § 1)

8.04.110 Additional requirements.

Additional requirements may be established by the county health officer regarding location, operation and construction of food service establishments where local conditions within the county demand such additional restrictions or regulations. Such regulations shall be enforced in the same manner as the regular provisions of this code. (Res. dated 7-5-1966 Art. § 2)

8.04.120 Permits.

It is unlawful for any person to operate a food service establishment within Lincoln County without the possession of a valid permit for such operation as prescribed in Article I, Section 8.04.070. (Res. dated 7-5-1966 Art. § 3)

Article III. Swimming Pools, Wading Pools, Spray Pools and Bathing Beaches

8.04.130 Standards.

  1. All swimming, wading and spray pools shall comply with minimum standards established by the county health officer. Such standards shall include the location, design, and construction, reconstruction, installation, operation and maintenance of swimming pools and shall include such other factors as may be determined by the county health officer to be necessary for the control and suppression of communicable and infectious diseases.
  2. No bathing beach shall be maintained or operated when the beach water is determined by the health officer to be so polluted as to constitute a menace to health if used for bathing. Where bathhouse and toilet facilities are provided for use of bathers they shall be constructed, maintained and operated in a sanitary manner approved by the health officer. (Res. dated 7-5-1966 Art. §§ 1, 2)

Article IV. Camps and Parks

8.04.140 Definitions.

As used in this Article IV, the following terms are defined in this section.

  • The term “camp” as used herein shall refer only to a group camp which is established or maintained for recreation, education, vacation or religious purposes for use by organized groups and wherein these activities are conducted on a supervised basis and wherein day-to-day living facilities, including food and lodging, are provided either free of charge or by payment of a fee.
  • “Director” means the person in charge of the camp program.
  • “Existing camp” and “existing park” means a camp and a park, respectively, which were established prior to the date of adoption of the resolution codified in this chapter.
  • “New camp” and “new park” mean camps and parks which have been established after the date of adoption of the resolution codified in this chapter.
  • “Owner” means any person or persons, organization, association, corporation or agency operating, maintaining or offering for use within Lincoln County any camp, park or premises where camping is permitted, either free of charge or for payment of a fee.
  • “Park” means all other areas or camps established or maintained for use by the public as a place for picnicking or camping. (Comm. Order dated 5-5-1969 ” I; Res. dated 7-5-1966 Art. § 1)

8.04.150 Permits.

It is unlawful for any owner to operate a camp or park in Lincoln County without the possession of a permit from the Lincoln County health officer, as prescribed under Article I of these regulations. (Res. dated 7-5-1966 Art. § 2)

8.04.160 Location or site.

  1. All camps or parks shall be located on land that provides good natural drainage. The site shall not be subject to flooding or located in an area which might have an adverse effect on the health of the occupants.
  2. No camp or park shall be so located as to endanger any public or private water supply or the health of the public or health of the occupants.
  3. Where corrals or stables exist, or where large animals are maintained in connection with any camp or park, the quarters for any animals shall be located and maintained so as not to create a nuisance or health hazard. (Res. dated 7-5-1966 Art. § 3)

8.04.170 Unauthorized camping.

Overnight camping in other than established camp sites or upon private property without written permission of the owner is prohibited. (Comm. Order dated 5-5-1969 ” II: Res. dated 7-5-1966 Art. § 4)

8.04.180 Supervision.

  1. All camps and parks shall be under the supervision of an adult having mature judgment and ability to understand and motivation to apply state and local laws and regulations relating to operation and maintenance of the camp or park.
  2. The director, or responsible person reporting to the director, shall make or cause to be made frequent inspections of the premises and sanitary equipment for the purpose of maintaining proper sanitation and compliance with these regulations.
  3. The director shall maintain all sanitary facilities, and other equipment of camps and parks, in good repair.
  4. The supervision and equipment shall be sufficient to prevent littering of the premises with rubbish, garbage or other wastes and to maintain general cleanliness. Tight metal containers with tight fitting lids shall be provided for the collection of garbage and refuse. These containers shall not be permitted to become foul smelling, unsightly, nor breeding places for flies, and the contents shall be disposed of by incineration or some other method approved by the health officer.
  5. All toilet rooms, eating, sleeping and other living facilities shall be cleaned at least daily.
  6. The owner or director of every camp or park shall maintain the buildings and grounds free from flies, mosquitoes and other insects through the use of screens and approved sprays or other effective means. All premises shall be kept free from rats, mice and other rodents.
  7. Where bedding is furnished, it shall be kept clean and also shall be aired at least once a week. Where sheets and pillow cases are furnished, laundered at least once each week, and for each new occupant. Each mattress shall be covered completely with a removable mattress cover, which shall be freshly laundered for each new occupant. (Res. dated 7-5-1966 Art. § 5)

8.04.190 Water supply.

  1. An accessible and adequate supply of safe, potable water shall be provided in every camp and every park, capable of furnishing a minimum of thirty-five (35) gallons per day per person served. Minimum standards shall be established by the health officer for the location, design, construction, reconstruction, installation, operation and maintenance of water systems and shall include such factors as may be determined by the health officer to be necessary for the control and suppression of communicable and infectious diseases.
  2. At new camps and new parks, only water under pressure shall be allowed except upon the written permission of the health officer.
  3. The use of common drinking cups is prohibited.
  4. Where practicable, drinking fountains of a sanitary type, meeting the standards of the American Standards Association, shall be provided with a ratio of one fountain for each fifty (50) users. In the event that fountains cannot be provided, individual or single service drinking cups shall be supplied. Containers for drinking water shall be constructed of smooth noncorrodible material, shall have a tight fitting cover, and shall be equipped with a faucet or spigot for water removal and shall be washed with reasonable frequency and kept clean. Dipping water from containers is prohibited.
  5. Unapproved sources of water supply shall be conspicuously posted as unfit for drinking. (Res. dated 7-5-1966 Art. § 6)

8.04.200 Toilet and hand washing facilities.

  1. Every camp and park shall be provided with toilets, urinals and hand washing facilities conveniently located.
  2. Separate toilet facilities shall be provided for each sex and shall be so marked.
  3. Only water flush toilets will be allowed unless written permission is made by the health officer for the use of approved fly-tight sanitary privies.
  4. The minimum number of the facilities to be provided shall be in accordance with the following schedule, calculated on the maximum load:
    1. For camps, the following facilities shall be provided within one hundred (100) yards of the furthest dwelling unit:
      • Water closets for females:
        • Under 100 – 1 for each 10
        • Over 100 – 10 for the next 100 plus
        • 1 for each additional 20
      • Water closets for males:
        • Under 100 – 1 for each 20
        • Over 100 – 5 for next 100 plus
        • 1 for each additional 40
      • Urinals for males:
        • Under 100 – 1 for each 20
        • Over 100 – 5 for each next 100 plus
        • 1 for each additional 40
      • Lavatories:
        • Under 100 – 1 for each 12
        • Over 100 – 8 for next 100 plus
        • 1 for each additional 20
    2. For parks, the number of toilet units in parks shall be sufficient to meet adequately the demands as determined by the health officer.
  5. Toilet paper shall be provided in each water closet, compartment or privy.
  6. All toilet rooms and privies shall be constructed of material permitting satisfactory cleaning and shall be well lighted and ventilated. All toilet fixtures shall be of easily cleanable, impervious material and in good repair.
  7. Toilet room floors shall be constructed of concrete or other water impervious material pitched to provide adequate drainage to a suitably located, trapped floor drain. If partitions are provided between flush bowls, they shall be so constructed as to be easily cleaned. (Res. dated 7-5-1966 Art. § 7)

8.04.210 Showers and laundry facilities in camps.

  1. Adequate and conveniently located bathing facilities, including hot and cold or tempered water, shall be provided. Separate shower rooms shall be provided for each sex in the ratio of one shower head for each fifteen (15) users, based upon the maximum demand at any one period.
  2. At least one laundry tray or washing machine shall be provided for each camp.
  3. The floors of shower rooms shall be constructed of concrete or other easily cleaned impervious material graded to drain to a suitably trapped floor drain. They shall be free from cracks or uneven surfaces.
  4. The shower rooms shall be well lighted and ventilated and have interior surfaces of light-colored washable material. (Res. dated 7-5-1966 Art. § 8)

8.04.220 Sewage and liquid waste disposal.

No liquid wastes resulting from toilets, lavatories, showers, laundry, sinks, or from the cleaning of kitchen and eating utensils shall be discharged upon the ground, nor into any stream or lake or body of water. Underground systems for disposal of such wastes shall be constructed in accordance with this code and the requirements of the county health officer or authorized representative. (Res. dated 7-5-1966 Art. § 9)

8.04.230 Sleeping and living quarters.

  1. All sleeping and living quarters shall be ventilated and maintained free from objectionable odors. They shall be provided with natural or artificial light. The floors, walls and ceilings of sleeping rooms shall be of easily cleanable construction and shall be maintained in a clean, sanitary condition.
  2. The floors of all buildings not built on rat-proof foundations shall be raised at least eighteen (18) inches above the ground and the space underneath the floor kept free from trash, rubbish or other material attractive to insects or rodents.
  3. No room used for sleeping purposes shall have less than four hundred (400) cubic feet of air space for each occupant.
  4. All cabin or dormitory type sleeping rooms shall contain a minimum floor space of forty (40) square feet per occupant. (Res. dated 7-5-1966 Art. § 10)

8.04.240 Foodhandling.

In camps where there is a central establishment provided for preparation of food, such establishment shall comply with Article II of this chapter. All food service workers employed therein shall possess a valid food and beverage workers permit. (Res. dated 7-5-1966 Art. § 11)

Article V. Tourist Accommodations

8.04.250 Definitions.

As used in this Article V, the following terms are defined in this section.

  • “Tourist accommodations” means structures, land areas, and appurtenances consisting of two or more rental units used, kept, maintained or advertized as, or offered for the purpose of providing shelter, sleeping, living, or recreation to the traveling public. This shall not apply to building structures, areas or appurtenances maintained by any person on his/her own premises and used exclusively to house his/her own workmen or guests without charge. (Res. dated 7-5-1966 Art. § 1)

8.04.260 Permits.

  1. All motels and tourist accommodations in Lincoln County shall conform to the rules and regulations of the Washington State Department of Labor and Industries as well as the Washington State Board of Health Rules and Regulations.
  2. In the event that such tourist accommodations or motels are not subject to the licensing provisions of the Department of Labor and Industries, a permit shall be required under this code as provided in Article I of this chapter, if all requirements of the county health officer are met. (Res. dated 7-5-1966 Art. § 2)

8.04.270 Reporting of diseases.

It shall be the duty of persons in charge of a tourist accommodation or motel who knows or suspects the presence of a communicable disease in a person or persons on the premises to report the same immediately to the Lincoln County health officer. (Res. dated 7-5-1966 Art. § 3)

Article VI. Sewage and/or Waste Removers

8.04.280 Definitions.

As used in this Article VI, the following terms are defined in this section.

  • “Other systems of sewage disposal” shall be defined as mechanical treatment plants, lagoons, municipal sewage treatment plants and all wastewater facilities.
  • “Sewage and waste remover” means a person who is engaged in the business of removing and disposing of waste from septic tanks, cesspools, seepage pits, grease traps or other receptacles built and maintained to collect and store sewage and wastewater from the buildings not connected to a public sewer. (Res. dated 10-15-1979; Res. dated 7-5-1966 Art. § 1)

8.04.290 Permits.

  1. It is unlawful for any person to engage in the business of cleaning and disposal of the contents of any septic tanks, cesspools, seepage pits or other individual sewage systems without having first obtained a sewage and waste removers” permit from the county health officer, provided, that such permit shall not be required of any person performing such work on his/her own premises.
  2. All applicants for sewage and waste removers” permits shall deliver to the Lincoln County health department, at the time that the application is filed, a performance bond to the county of Lincoln in the form approved the county health officer in the sum of two thousand dollars ($2,000.00) , executed by a surety company duly authorized to do business in this state or by two good and sufficient sureties not connected in business with the applicant, and to be approved by the county health officer, guaranteeing the faithful performance of all work undertaken to be done under the provisions of the permit. Any person who may be damaged by the wrongful acts of the registrant or by his/her failure to perform any of the work agreed to be done under the terms of this article, shall in addition to other legal remedies have a right of action in his/her own name on such bond for all damages not exceeding two thousand dollars ($2,000.00) .
  3. A sewage and waste removers” permit shall be issued only after a satisfactory examination by the health officer or authorized representative of the equipment used, the applicant”s knowledge of sanitary principles affecting public health nuisances, reliability of the applicant in observing sanitary laws, ordinances and directions and in selecting laborers who collect, transport and dispose of the contents of the septic tank, cesspools, etc., without endangering human health and comfort. No permit granted hereunder shall be transferable without the consent of the health officer.
  4. The sewage and waste removers” permit fee shall be twenty-five dollars ($25.00) for each year of six dollars and twenty-five cents ($6.25) per quarter. A part of any three-month period shall be considered one quarter. The sewage and wastes removers” permit shall terminate December 31st of each year. Renewal of permits shall be twenty-five dollars ($25.00) . (Res. dated 7-5-1966 Art. § 2)

8.04.300 Equipment.

  1. All pumping and other equipment must be designed and arranged for prompt and effective inspection and servicing. Equipment shall be designed to operate without spillage.
  2. Tanks shall be fully enclosed, strong enough for all conditions of operation, watertight and fly proof.
  3. All vehicles used in these operations shall carry in a conspicuous place the name of the firm or operator under which the business is conducted. Each vehicle permitted to operate under this Article VI shall display a permit number assigned by the health officer and lettering reading “L.C.H.D. No. .” (Res. dated 7-5-1966 Art. § 3)

8.04.310 Records.

Operators shall keep records of each tank pumped, showing the name and address of customer, date served, name of operator and where disposal of waste was made. Operational records must be made available to the health officer or authorized representative upon request. (Res. dated 7-5-1966 Art. § 4)

8.04.320 Disposal sites.

  1. The contents of septic tanks, cesspools, seepage pits and grease traps, or other systems of sewage disposal shall be deposited at only those sites approved by the health officer or authorized representative for this purpose. Any person cleaning his/her own tank may dispose of the contents by burial on his/her own property in a manner as approved by the health officer.
  2. No material shall be disposed of in any stream, river, lake or other body of water or along any roadway.
  3. No contents of septic tanks, cesspools, seepage pits, grease traps or other systems of sewage disposal shall be placed upon the surface of the ground or be used for fertilizing purposes for edible crops or gardens. (Res. dated 7-5-1966 Art. § 5)

8.04.330 Additional requirements.

The health officer may make whatever additional requirements with respect to equipment, personnel, and operations of sewage and waste removers that the health officer may deem necessary for the protection of the public health. Such additional requirements shall be based upon sanitary principles as they pertain to: (1) the removal of wastes from receptacles for the storage of sewage, (2) the transportation of sewage to the point of final disposal, and (3) the operating methods used in the final disposal of sewage, including the management of the site. (Res. dated 7-5-1966 Art. § 6)

Article VII. Garbage and Refuse

8.04.340 Definitions.

As used in this Article VII, the following terms are defined in this section.

  • The term “ashes” shall include the solid waste products of coal, wood and other fuels used for heating and cooking from all public and private establishments and from all residences.
  • The term “garbage” shall include all putrescible wastes, including vegetable matter and animal offal and carcasses of dead animals, except sewage, and shall include all such substances from all public and private establishments and from all residences.
  • The term “manure” means cleanings from all barns, stables, corrals, pens or cars used for stabling or penning of animals or fowl.
  • The term “refuse” shall include garbage, rubbish, ashes, swill and all other putrescible and nonputrescible wastes except sewage, from all public and private establishments and residences.
  • The term “rubbish” shall include all nonputrescible wastes, except ashes, from all public and private establishments and from all residences. (Res. 83-10 (part) ; Ord. 81-02 (part) ; Res. dated 7-5-1966 Art. § 1)

8.04.350 Accumulation of refuse.

  1. It is unlawful for any person to permit the accumulation of refuse herein defined so as to, in any manner, endanger the public health or create a public nuisance. Every person shall provide proper storage disposal of refuse promptly and in a sanitary manner in accordance herewith and shall at all times prevent the same from, in any manner, becoming a menace to public health.
  2. All containers used for the storage of garbage shall be of water tight, non-absorbent material of cleanable construction with tight fitting lids, with a liquid capacity not in excess of thirty (30) gallons and shall be maintained in a clean condition, free from an accumulation of organic material between uses. (Res. dated 7-5-1966 Art. § 2)

8.04.360 Transporting refuse.

The handling, hauling or transporting of any refuse over or upon any public road shall be in such a manner so as to prevent the scattering, spillage or leakage of such refuse upon said road, and it is unlawful for any person, firm or corporation to carry or transport refuse on any public road in any conveyance not properly equipped to prevent such scattering, spillage or leakage on said roads. Such conveyance shall be closed or covered with netting, tarpaulin or other device to adequately prevent scattering, spillage or leakage and such conveyance, covering and all other equipment and appurtenances, shall be maintained in a clean condition to prevent the accumulation of organic material between uses or the creation of unnecessary odors. (Res. dated 7-5-1966 Art. § 3)

8.04.370 Disposal sites.

  1. No person shall deposit refuse in any place other than in a disposal site approved by the health officer.
  2. The method employed in the final disposal of garbage shall conform to approved methods of a sanitary landfill, incineration, garbage grinding or such other methods as may be approved by the county health officer. (Res. dated 7-5-1966 Art. § 4)

8.04.380 Dead animals.

  1. Proper disposal shall be made by the owner of the animal or by the owner of the property on which the animal is found.
  2. The carcass of any dead animal shall be removed and disposed of by burial incineration or other proper method within twenty-four (24) hours after death. If the carcass is buried it shall be placed so that every part shall be covered by at least three feet of earth and at a location not less than one hundred (100) feet from any well, spring, stream or other surface waters, and in a place not subject to overflow. In all cases of death from communicable disease, the carcass, if disposed of by burial, shall first be thoroughly enveloped in unslaked lime. (Res. dated 7-5-1966 Art. § 5)

8.04.390 Permit and bond.

  1. It is unlawful for any person to handle, haul or transport refuse for hire without first obtaining a permit from the health officer and filing a surety bond in the sum of one thousand dollars ($1,000.00) with the Lincoln County department of health to indemnify the county against any and all claims and damages arising from the violation thereof.
  2. The garbage and refuse permit fee shall be twenty-five dollars ($25.00) for each year, or six dollars and twenty-five cents ($6.25) per quarter. A part of any three-months period shall be considered one quarter. The garbage and refuse permit shall terminate December 31st of each year. Renewal of permits shall be twenty-five dollars ($425.00) . (Comm. Order dated 5-5-1969 ” IV: Res. dated 7-5-1966 Art. § 6)

8.04.400 Manure.

Manure generated from commercial establishments including feedlots, chicken houses and piggeries shall be disposed of in such a way so as to prevent odors and flies. The county health officer may require that the manure be stored in fly-tight pits or be sprayed daily; the manure be plowed under the surface of the ground immediately after it is spread by manure spreader trucks; and any other requirements deemed necessary to prevent a public health hazard or nuisance. Failure of the establishment to provide proper management and control may result in closure of further manure disposal in the county. (Res. 83-10 (part) : Ord. 81-2 (part) )

Article VIII. Vector Control

8.04.410 Definitions.

As used in this Article VIII, the following terms are defined in this section.

  • The term “vector” means any rodent or insects, such as rats, mice, fleas, flies, mosquitoes and including all other arthropods, birds and animals which may pose a nuisance or hazard to public health in the opinion of the health officer. (Res. dated 7-5-1966 Art. § 1)

8.04.420 Breeding and harborage.

  1. No person shall maintain vector harborages or breeding sites on his/her own premises or premises under his/her control within the jurisdiction of the Lincoln County health department.
  2. All public buildings when flies are prevalent in the warm seasons of the year shall be provided with screens of at least sixteen (16) mesh on all openings to the outside air and shall have self-closing, outward opening screened doors, fly-repellent fans or other effective means to exclude flies or other flying insects from the interior. (Res. dated 7-5-1966 Art. § 2)

8.04.430 Abatement.

  1. When the county health officer or authorized representative shall have cause to suspect that the breeding or harborage of vector exists within the jurisdiction of the Lincoln County health department, the health officer shall make, or cause to be made, an inspection and if such breeding or harborage exists, the health officer shall order the abatement thereof.
  2. Any person, firm or corporation failing to abate the breeding or harborage of vector, as ordered by the county health officer, within a specified period of time, shall be in violation of this Article VIII. (Res. dated 7-5-1966 Art. § 3)

Article IX. Water Supply

8.04.440 Purity standards–Violation– Penalty.

  1. The water used for drinking or culinary purposes by guests or patrons of any public place or places of business shall conform to the U.S. Government Bacteriological Standards for drinking water and tests shall be made periodically by the Lincoln County health officer or at the health officer”s direction to ascertain the purity of such water by accepted public health standards. The county health officer may sample any water accessible to public use at any time for purposes of testing the same and shall test any water accessible to the public on written demand of any citizen.
  2. All water supplies shall be subject to the regulations of this code plus additional regulations by the county health officer as the public safety may demand. All violations shall be subject to the penal provisions of this code and of the laws of the state of Washington. (Res. dated 7-5-1966 Art. §§ 1, 2)

Article X. Appeal and Validity

8.04.450 Right of appeal.

  1. Any person aggrieved by an order or decision of the health officer or his/her representative including the denial, suspension or revocation of any permit or application for written approval shall have the right to appeal the matter to the Lincoln County board of health.
  2. A request for an appeal hearing must be in writing and submitted to the board of health within ten (10) days of the denial, suspension or revocation of permit, application or right. It shall cite the decision of the health department that is being appealed and shall contain a brief statement of the reasons for seeking the appeal hearing.
  3. appeals made to the board of health will be heard within a reasonable time after receipt of the request for appeal. Written notice of the time, place and issue involved shall be given to all parties.
  4. An administrative conference between the board and the health department should be held prior to the board of health appeal hearing in order to brief the board so that it may conduct the hearing on relevant and material matter only.
  5. The filing of an appeal shall operate as a stay of any decision or order, except in the case of any notice and order issued requiring immediate action to protect the public health.
  6. Any person aggrieved by the decision of the board of health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state. (Res. dated 4-2-1985 Art. § 1: Res. dated 7-5-1966 Art. § 1)

Chapter 8.08 – ABANDONED VEHICLES

Sections:

Article I. General Provisions

8.08.010 Definitions.

8.08.020 Applicability of provisions.

8.08.030 Authority of property owner to have vehicle removed.

8.08.040 Presumption that last owner of record responsible for abandoned vehicle.

8.08.050 Abatement authority of sheriff.

8.08.060 Sheriff”s report to Washington State Patrol.

Article II. Stolen Vehicles

8.08.070 Reporting requirements.

Article III. Garage Storage

8.08.080 Claim for storage lien.

Article IV. Removal and Storage by Tow Truck Operator

8.08.090 Compliance with administrative regulations.

8.08.100 Removal and custody.

8.08.110 Notice requirement.

Article V. Public Hearing

8.08.120 Notice to last registered vehicle owner; land owner.

8.08.130 Landowner not responsible for costs when.

8.08.140 Disposal of vehicle after hearing.

Article VI. Public Auction Sale

8.08.150 Conduction of sale by tow truck operator.

8.08.160 Lien by tow truck operator.

8.08.170 Sale procedures.

8.08.180 Certificate of title issuance.

Article I. General Provisions

8.08.010 Definitions.

As used in this chapter, the following terms are defined in this section.

  • “Abandoned automobile hulk” means the abandoned remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.
  • “Abandoned vehicle” means any vehicle left within the limits of any highway, or upon the property, for a period of twenty-four (24) hours, or longer, except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notified the sheriff of Lincoln County, Washington, and requests assistance. (Ord. 71-1 § 2)

8.08.020 Applicability of provisions.

The ordinance codified in this chapter shall not apply to: (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, a licensed vehicle dealer and fenced according to the provisions of RCW 46.80.130. (Ord. 71-1 § 20)

8.08.030 Authority of property owner to have vehicle removed.

Whenever any owner or person having possession or control of real property finds a vehicle standing upon such property, without his/her consent, he/she is authorized to have such vehicle removed from such property, and stored or held for its owner. Any towing firm providing such removal service shall promptly report the fact of a vehicle impounded, together with the license plate number, make, year and plate of impound of such vehicle, to the sheriff of Lincoln County,

Davenport, Washington, and shall post the authorized charges therefor prominently at its place of business, and the charges and costs incurred in the removal of any such vehicle as aforementioned, shall be paid by such vehicle until paid, and said lien may be enforced as otherwise provided by law for the enforcement or towing or storage lien or liens generally. (Ord. 71-1 § 1)

8.08.040 Presumption that last owner of record responsible for abandoned vehicle.

The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment, and thus liable for any costs incurred in removing, storing and disposing of such motor vehicle or automobile hulk. A registered owner transferring a motor vehicle shall be relieved from personal liability under this section if, within five days from the transfer, he/she transmits to the Department of Motor Vehicles, on a form prescribed by the Director of Motor Vehicles, notice that he/she has transferred his/her interest in the vehicle, the name of the transferee, and the date on which the transaction was made. (Ord. 71-1 § 3)

8.08.050 Abatement authority of sheriff.

The sheriff of Lincoln County, is empowered to abate and remove as public nuisances, abandoned, wrecked, dismantled, or inoperative vehicles or automobile hulks or parts thereof from private property, not including highways, and is authorized to enter upon private property, to tow away or remove such vehicle. Costs of removal may be assessed against the last registered owner of the vehicle or automobile hulk if the identity of such owner can be determined, or against the real property of one maintaining such nuisance, by filing and foreclosing a lien as provided for statutory mechanic and materialman”s liens. A registered owner transferring a motor vehicle shall be relieved from personal liability under this section if within five days from the transfer he/she transmits to the Department of Motor Vehicles, on a form prescribed by the Director of Motor Vehicles, notice that he/she has transferred his/her interest in the vehicle, the name of the transferee, and the date on which the transaction was made. (Ord. 71-1 § 17)

8.08.060 Sheriff”s report to Washington State Patrol.

It shall be the duty of the Lincoln County Sheriff to report to the chief of the Washington State Patrol, all vehicles or automobile hulks found abandoned on a public highway, or at any other place, and the same shall be, at the direction of the Lincoln County sheriff, placed in the custody of a tow truck operator. (Ord. 71-1 § 7)

Article II. Stolen Vehicles

8.08.070 Reporting requirements.

  1. It shall be the duty of the sheriff of Lincoln County to report immediately to the chief of the Washington State Patrol, all motor vehicles reported to him as stolen or recovered.
  2. In the event that any motor vehicle reported as stolen has been recovered, the person so reporting the same as stolen shall be guilty of a misdemeanor unless he/she shall report the recovery thereof to the sheriff of Lincoln County, to whom such motor vehicle was reported as stolen. (Ord. 71-1 §§ 5, 6)

Article III. Garage Storage

8.08.080 Claim for storage lien.

  1. Any vehicle left in a garage for storage more than five days where the same has not been left by the registered owner under a contract of storage, and has not, during such period, been removed by a person leaving the same shall be deemed an abandoned vehicle and notice shall be given to the registered and legal owner and to the chief of the Washington State Patrol and to the Department of Motor Vehicles of the existence of such abandoned vehicle. Any garage keeper failing to report such fact to the chief of the Washington State Patrol and to the Department of Motor Vehicles, within ten (10) days after the commencement of such storage shall forfeit any claim for the storage of such vehicle. All such vehicles considered abandoned by being left in a garage shall be disposed of by the garage keeper in accordance with the procedure established in this chapter.
  2. Except for the forfeiture of claim for storage as set forth herein for failure to report vehicles in excess of five days, nothing in this section shall be construed to impair any lien for storage accruing to a garage keeper under the other laws of this state. (Ord. 71-1 §§ 13, 14)

Article IV. Removal and Storage by Tow Truck Operator

8.08.090 Compliance with administrative regulations.

Any tow truck operator under contract with the county of Lincoln for the impounding of vehicles shall comply with such administrative regulations relative to the handling and disposing of vehicles as promulgated by the county of Lincoln, hereinafter set forth. (Ord. 71-1 § 4)

8.08.100 Removal and custody.

Such tow truck operator shall take custody of such abandoned vehicle or automobile hulk, remove the same to the established place of business of the tow truck operator, where the same shall be stored, and such tow truck operator shall have a lien upon such vehicle or hulk for services provided in the towing and storage of the same, not to exceed the sum of one hundred dollars ($100.00) . A registered owner transferring a motor vehicle shall be relieved from personal liability under this section, if within five days from the transfer, he/she transmits to the Department of Motor Vehicles, on a form prescribed by the Director of Motor Vehicles, notice that he/she has transferred his/her interest in the vehicle, the name of the transferee, and the date on which the transaction was made. (Ord. 71-1 § 8)

8.08.110 Notice requirement.

Within five days after receiving custody of such abandoned vehicle or automobile hulk, the tow truck operator shall give notice of his/her custody to the Department of Motor Vehicles and the chief of the Washington State Patrol, and within five days after having received the name and address of the owner, the tow truck operator shall notify the registered and legal owner of the same, with copies of such notice being sent to the chief of the Washington State Patrol and to the Department of Motor Vehicles. The notice of the registered and legal owner shall be sent by the tow truck operator to the last known address of such owner appearing on the records of the Department of Motor Vehicles, and such notice shall be sent to the registered and legal owner, by certified or registered mail, with a five-day return receipt requested. Such notice shall contain a description of the vehicle or hulk, including its license plate number and/or motor number, if obtainable, and shall state the amount due the tow truck operator for services in the towing and storage of the same, and the time and place of public sale if the amount remains unpaid. (Ord. 71-1 § 9)

Article V. Public Hearing

8.08.120 Notice to last registered vehicle owner; land owner.

  1. The sheriff of lincoln County shall send notice to the last registered owner of record of the vehicle and the property owner of record that a public hearing may be requested before the county commissioners of Lincoln County, and that if no hearing is requested, the vehicle or automobile hulk will be removed.
  2. If a request for a hearing is received by the county commissioners of Lincoln County, a notice giving the time, location and date of such hearing on the question of the abatement and removal of the vehicle, or part thereof, as a public nuisance shall be mailed, by certified or registered mail, with a five-day return receipt requested, to the owner of the land, as shown on the last equalized

assessment roll, and to the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. (Ord. 71-1 §§ 18, 19)

8.08.130 Landowner not responsible for costs when.

The owner of the land on which the vehicle is located may appear in person at the hearing, or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his/her reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he/she has not subsequently acquiesced in its presence, then no costs for the administration or removal of the vehicle shall be assessed against the property upon which the vehicle is located or otherwise attempt to collect such cost from the owner. (Ord. 71-1 § 21)

8.08.140 Disposal of vehicle after hearing.

After notice has been given of the intent of Lincoln County to dispose of the vehicle, and after a hearing if requested has been held, the vehicle or part thereof shall be removed, at the request of the sheriff of Lincoln County, and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the Department of Motor Vehicles that the vehicle has been wrecked. The county of Lincoln may operate such a disposal site when the county commissioners determine that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicle or parts, or may transfer such vehicle or parts to another governmental body, provided such disposal be only scrap. (Ord. 71-1 § 22)

Article VI. Public Auction Sale

8.08.150 Conduction of sale by tow truck operator.

If, after the expiration of fifteen (15) days from the date of mailing of the notice to the registered and legal owner, the vehicle or hulk remains unclaimed and has not been listed as a stolen or recovered vehicle, then the tow truck operator having custody of such vehicle or hulk shall conduct a sale of the same at public auction, after having first published a notice of the date, place and time of such auction in a newspaper of general circulation in Lincoln County, in which the vehicle is located, not less than three days before the date of such auction. (Ord. 71-1 § 10)

8.08.160 Lien by tow truck operator.

A tow truck operator, bonded, who shall tow, transport or store any vehicle, whether by contract or at the direction of the sheriff of Lincoln County, shall have a lien upon such vehicle, so long as the same remains in the tow truck operator”s possession, for the charges for such towing, transportation or storage. If such vehicle remains unclaimed for five days, it may be deemed abandoned and subject to disposal as provided in this chapter. (Ord. 71-1 § 15)

8.08.170 Sale procedures.

  1. Such abandoned vehicle or automobile hulk shall be sold at such public auction sale to the highest bidder. The proceeds of such sale, after deducting the towing and storage charges due to the tow truck operator, including the cost of sale, which shall be computed as in a public auction sale of personal property by the sheriff, shall be certified one-half to the county treasurer of the county in which the vehicle is located, to be credited to the county current expenses fund, and one-half to the Washington State Treasurer to be credited to the highway safety fund. If the amount bid at the auction is insufficient to compensate the tow truck operator for towing and storage charges and cost of sale, such tow truck operator shall be entitled to assert a claim for any deficiency, not to exceed one hundred dollars ($100.00) , less the amount bid at the auction, against the last registered owner of such vehicle or automobile
  2. A registered owner transferring a motor vehicle shall transmit to the Department of Motor Vehicles, on a form prescribed by the Director of Motor Vehicles, notice that he/she has transferred his/her interest in the vehicle, the name of the transferee, and the date on which the transaction was made.
  3. Any vehicle impounded pursuant to this chapter and left unclaimed for a period of fifteen (15) days shall be deemed to be an abandoned vehicle, and at the expiration of such period, such vehicle shall be deemed to be in the custody of the sheriff of Lincoln County, where said vehicle is located, and the sheriff of Lincoln County shall deliver the vehicle to a tow truck operator who shall dispose of such vehicle in the manner provided in this chapter. Provided, that if the vehicle is of model year ten (10) or more years prior to the calendar year in which such vehicle is stored, the Lincoln County sheriff may be authorized to declare that such vehicle is a public nuisance, and may dispose of such vehicle without notice of sale, and in such case, the Director of Motor Vehicles shall issue an appropriate bill of sale to the tow truck operator to dispose of the vehicle as the Director of Motor Vehicles may determine. (Ord. 71-1 §§ 11, 16)

8.08.180 Certificate of title issuance.

After the public auction sale of any abandoned vehicle or automobile hulk, and after an application for certificate of title accompanied by applicable fees and taxes and supported by an appropriate affidavit reciting compliance with the procedure established in this chapter has been submitted, the Director of the Department of Motor Vehicles shall issue a certificate of title showing ownership of the vehicle or automobile hulk in the name of the successful bidder at such auction. The issuance of such certificate of title by the Director of the Department of Motor Vehicles shall terminate any and all rights or claims or prior lien-holders and all rights of former owners in and to such vehicle or automobile hulk. (Ord. 71-1 § 12)

Chapter 8.12 – FIREWORKS

Sections:

8.12.010 Public interest statement.

8.12.020 Definitions.

8.12.030 Unlawful acts designated.

8.12.040 Supervised displays–Permit, bond required.

8.12.050 Sales and uses permitted.

8.12.060 Violations–Seizure authority–Penalty.

8.12.010 Public interest statement.

It is deemed by the county commissioners of Lincoln County, Washington, to be in the interest of the public health, safety and welfare of the inhabitants of Lincoln County, outside of the incorporated areas thereof, to regulate the sale and use of fireworks. (Ord. dated 9-7-1955 § 1)

8.12.020 Definitions.

Pursuant to the statement contained in Section 8.12.010 and for the purposes of this chapter, the term “fireworks” means and includes any combustible or explosive composition or any substance or combination of substances or articles prepared, designed or intended for the purpose of entertainment, amusement or pyrotechnic display which is manufactured to produce a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, toy canes, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance; provided, however, this shall not include toy pistols where the caps used therein do not contain more than .35 grains of explosive mixture in each cap. (Ord. dated 9-7-1955 § 2)

8.12.030 Unlawful acts designated.

It is unlawful for any person, firm, copartnership or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks in Lincoln County in areas lying outside of the incorporated cities and towns thereof, except as hereinafter provided in this chapter. (Ord. dated 9-7-1955 § 3)

8.12.040 Supervised displays–Permit, bond required.

  1. The sheriff of Lincoln County is authorized to issue permits for supervised display of fireworks by any person, firm, copartnership, corporation or municipality in accordance with the provisions of this chapter. Application for permits shall be made in writing at least fifteen (15) days in advance of the date of display. After such permit shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Every such display shall be handled by a competent operator to be approved by the sheriff of Lincoln County and shall be of such a character and so located, discharged and fired as in the opinion of the sheriff of Lincoln County, after proper inspection, shall not be hazardous to property or endanger any person or persons.
  2. The sheriff of Lincoln County, before issuing any license, shall require a surety bond deemed adequate and subject to the approval of the officer issuing the permit from the licenses conditioned for the payment of all damages which may be caused either to person or persons or to property by reason of the licensed display and arising from any acts of the licensee, his/her agents, employees or subcontractors. Such bond shall run to Lincoln County for the use and benefit of any person, firm, copartnership, corporation or municipality having a cause of action against the

obligor of such bond under the provisions of this chapter. (Ord. dated 9-7-1955 §§ 4, 5)

8.12.050 Sales and uses permitted.

Nothing in this chapter shall be construed to prohibit any resident, wholesaler, dealer or jobber to sell at wholesale or retail such fireworks as are not herein expressly prohibited; or sale of any kind of fireworks provided the same are to be shipped directly out of the state; or the use of fireworks by railroads, other transportation agencies or other utilities for signal purposes or illumination; or the sale or use of blank cartridges for a show or theater; or for signal or ceremonial purposes in athletics or sports; or for use by military organizations of police agencies. (Ord. dated 9-7-1955 § 6)

8.12.060 Violations–Seizure authority– Penalty.

  1. The sheriff of Lincoln County shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this chapter.
  2. Any person, firm, copartnership, corporation, association or group of individuals violating the provisions of this chapter shall be guilty of a misdemeanor. (Ord. dated 9-7-1955 §§ 7, 8)

Chapter 8.16 – CREMATION OF UNCLAIMED REMAINS OF INDIGENT PERSONS

Sections:

8.16.010 Definitions.

8.16.020 Administration.

8.16.030 Special fund created–Purpose.

8.16.040 Provision of services at county expense.

8.16.050 Notification of next of kin.

8.16.010 Definitions.

For the purposes of this chapter, the following definitions shall apply:

  • “Cremation” means the reduction of the body of a deceased person to cremated remains as defined by RCW 68.04.
  • “Funeral establishment” means a funeral establishment licensed under RCW 18.39 or a cemetery authority or crematory with a permit or endorsement issued under RCW 68.05.
  • “Indigent” means without assets sufficient to pay for the cost of cremation provided by this ordinance.
  • “Unclaimed by relatives or church organizations” means none of the following exist:
    1. The decendent”s surviving spouse;
    2. The decendent”s surviving adult children;
    3. The decendent”s surviving parents;
    4. The decendent”s surviving siblings;
    5. A church organization claiming the decendent”s remains. (Ord. 93-02 § I)

8.16.020 Administration.

  1. The board of county commissioners shall review and, after appropriate inquiry, grant or deny applications for the reimbursement of the cost of disposition of the remains of any indigent person who dies within the county and whose body is unclaimed by relatives or church organizations. Applications shall be made in the form specified and provided by the board of county commissioners. The person making the application shall certify that the application is for the payment of the cost of disposition of a person who: (1) died within the county; (2) is indigent; and (3) whose body is unclaimed by relatives or church organizations as defined by this chapter, and that the information contained therein is true under penalty of perjury.
  2. All applications for reimbursement shall be accompanied by a certified copy of a death certificate.
  3. In determining whether a decedent for whom application is made is indigent, the following shall be considered by the board:
    1. The decedent”s estate and resources, including, but not limited to, real estate, personal property, cash, bank accounts, contents of safety deposit boxes, nursing home trust funds, veteran”s death benefits, workmen”s compensation, social security death benefits, railroad retirement death benefits, life insurance, or burial insurance;
    2. The assets of the surviving spouse, surviving adult children, surviving parents and the surviving siblings. (Ord. 93-02 § II)

8.16.030 Special fund created–Purpose.

There is created a special account to be known as the “Lincoln County indigent remains account,” for the purpose of paying all or any part of the cost of cremation of the remains of any indigent person who dies within the county and whose body is unclaimed by relatives or church organizations. (Ord. 93-02 § III)

8.16.040 Provision of services at county expense.

The county shall pay only for the cost of cremation performed by a funeral establishment in an amount not to exceed six hundred fifty dollars ($650.00) for each application approved by the board of county commissioners. (Ord. 93-02 § IV)

8.16.050 Notification of next of kin.

Each funeral establishment making application for payment pursuant to this chapter shall make a good faith effort to determine the names and

location of any next of kin of the deceased and notify the same that application for payment for cremation under this chapter is being made, and said applicant shall further certify that the foregoing attempt of notification has been made. (Ord. 93-02 § V)

Chapter 8.20 – OPEN BURNING

Sections:

8.20.010 Applicability.

8.20.020 Administration.

8.20.030 Procedure–Requirements.

8.20.040 Solid waste transfer station outdoor burning container ash.

8.20.050 Violations–Penalties.

8.20.010 Applicability.

  1. Every individual within the unincorporated area of Lincoln County contemplating burning shall proceed in compliance with this chapter.
  2. Agricultural open burning shall take place from March 1st to May 31st, and from August 1st to October 31st.
  3. From June 1st to September 30th the provisions of this chapter shall also apply to persons burning an area under the acre in size, including open pit barbecuing and bonfires. (Ord. 90-01 § 1)

8.20.020 Administration.

  1. The Lincoln County fire marshal is vested with the duty of administering this chapter and may appoint individuals to assist the fire marshal.
  2. The fire marshal or designee may deny burning permits due to possible fire hazards. They may also attach conditions to any permit to minimize the adverse effects of open burning. These conditions may include limiting the hours of burning, limiting acreage to be burned on any given day, and specifying meteorological conditions for burning. These restrictions and others can be more restrictive than listed in the delegation from Department of Ecology Order No. DE 90-E163. (Ord. 90-01 § 2)

8.20.030 Procedure–Requirements.

  1. Pursuant to Section 8.20.010, persons shall have an approved written burning permit from the Lincoln County fire marshal or designee assigned to the fire district in which the burn will occur prior to igniting the fire.
  2. Persons shall call the number specified on the approved permit for each day of burning prior to ignition.
  3. No open fires shall be ignited during any state of an air pollution episode.
  4. Burning will be restricted to the hours between two hours after sunrise to two hours before sunset with no new fuel added prior to two hours before sunset.
  5. Permits are good only for the time period issued.
  6. From the time the fire is ignited until it is extinguished, the permittee shall have the fire under the care and direction of a competent person who shall take proper precautions to prevent the spread of fire to adjacent property.
  7. Safety measures shall be taken if dense smoke crosses county, state or federal highways. (Ord. 90-01 § 3)

8.20.040 Solid waste transfer station outdoor burning container ash.

Effective March 17, 1997, outdoor burning containers and/or the containers thereof and any other form of burned material will not be accepted at the Lincoln County transfer station. (Res. 97-22)

8.20.050 Violations–Penalties.

It shall be a misdemeanor for any person to violate any of the provisions of this chapter, punishable by a fine and/or imprisonment in the county jail. (Ord. 90-01 § 5)

Chapter 8.24 – SOLID WASTE MANAGEMENT PLAN

Sections:

8.24.010 Plan adoption–Copy availability.

8.24.010 Plan adoption–Copy availability.

The board of Lincoln County commissioners adopts by reference the Lincoln County solid waste management plan. A copy of the plan is available in the offices of the department of public works, solid waste division, and the environmental health department. (Res. 2320, 1999; amended during 1999 codification; Res. 93-47)

Chapter 8.25 – SOLID WASTE HANDLING STANDARDS

Sections:

8.25.010 Scope.

8.25.020 Authority and purpose.

8.25.030 Administration.

8.25.040 General adoption of WAC 173-304.

8.25.050 General adoption of WAC 173-351.

8.25.060 General adoption of WAC 173-350.

8.25.070 Definitions (WAC 173-350-100) .

8.25.080 Severability.

8.25.090 Fees.

8.25.100 Fees–Unsecured transportation of solid waste.

8.25.010 Scope.

This chapter shall apply to all territory embraced within the limits of Lincoln County. (Ord. 04-01 § I)

8.25.020 Authority and purpose.

These solid waste rules and regulations are promulgated under the authority of Chapters 70.05 and 70.95 Revised Code of Washington (RCW) , and Chapters 173-350, 173-304, and 173-351 Washington Administrative Code (WAC) , to protect public health, safety, environment, and welfare of the Lincoln County citizens. This chapter governs the handling of solid waste within Lincoln County, including permit issuance. (Ord. 04-01 § II)

8.25.030 Administration.

The Lincoln County health officer shall administer the provisions of these regulations. (Ord. 04-01 § III)

8.25.040 General adoption of WAC 173-304.

In accordance with the provisions of RCW 70.95.160, Lincoln County adopts all sections of WAC 173-304, Minimum Functional Standards for Solid Waste Handling, as adopted or hereafter amended. (Ord. 04-01 § IV)

8.25.050 General adoption of WAC 173-351.

In accordance with the provisions of RCW 70.95.160, Lincoln County adopts all sections of WAC 173-351, Criteria for Municipal Solid Waste Landfills, as adopted or hereafter amended. (Ord. 04-01 § V)

8.25.060 General adoption of WAC 173-350.

In accordance with the provisions of RCW 70.95.160 Lincoln County adopts all sections of WAC 173-350, Solid Waste Handling Standards, as adopted or hereafter amended, except where modified and specified herein. (Ord. 04-01 § IV)

8.25.070 Definitions (WAC 173-350-100) .

WAC 173-350-100 “Definitions” is adopted by reference with the following additions:

  • “Health department” means the Lincoln County health department.
  • “Health officer” means the health officer of the Lincoln County health department or his or her duly authorized representative.
  • “Jurisdictional health department” means the Lincoln County health department.
  • “Potential dangerous litter” means litter that is likely to injure a person or cause damage to a vehicle or other property including, but not limited to:
    1. Cigarettes, cigars, or other tobacco products that are capable of starting a fire;
    2. Glass;
    3. A container or other products made predominantly or entirely of glass;
    4. A hypodermic needle or other medical instrument designed to cut or pierce;
    5. Raw human waste, including soiled diapers, regardless of whether or not the waste is in a container of any sort; and
    6. Nails or tacks.

(Ord. 04-01 § V)

8.25.080 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is held invalid, such decision shall not affect the validity of the remaining portions. (Ord. 04-01 § VI)

8.25.090 Fees.

Fees for services and permit issuance shall be assessed as currently adopted or hereinafter amended by the Lincoln County board of commissioners. (Ord. 04-01 § VII)

8.25.100 Fees–Unsecured transportation of solid waste.

  1. Fees are established for unsecured transportation of solid waste in addition to fees otherwise imposed for the use of the Lincoln County transfer station, as follows:
  2. A surcharge shall be levied against any person who transports solid waste to a county transfer station, recycling facility or compost facility, if when entering the facility any portion of the waste is visible to scale house or fee collection personnel, unless the waste is only visible through a secure covering; provided, that this provision shall not apply to loads that are not capable of causing or creating litter. The surcharge shall be assessed as follows:
    1. For a load delivered by a vehicle greater than or equal to one ton capacity, the surcharge shall be ten dollars ($10.00) for the first violation and twenty dollars ($20.00) for the second and any successive violation for such vehicle within any twelve-month period.
    2. For a load delivered by a vehicle less than one ton capacity (“small public loads”) , the surcharge shall be two dollars and fifty cents ($2.50) for the first violation and ten dollars ($10.00) for the second and any successive violation for such vehicle within any twelve-month period.
    3. As an alternative to the initial assessment, any person in violation of this chapter may purchase a tarp from the transfer station personnel, at cost. Subsequent violations will be assessed the fee as indicated above.
  • All litter control surcharge payments collected by the facility operator from persons violating this section shall be deposited within the county”s solid waste fund. Moneys collected shall be used for countywide litter control or litter collection purposes, cleanup of illegal dumping activities on public property, or general public information and education activities related to litter control or illegal dumping activities. (Ord. 04-02)

Chapter 8.28 – HAZARDOUS WASTE MANAGEMENT PLAN

Sections:

8.28.010 Adoption.

8.28.020 Amendments.

8.28.030 Hazardous waste transport–Insurance required.

8.28.010 Adoption.

Lincoln County adopts by reference the 1991 Grant, Adams and Lincoln Counties regional local hazardous waste management plan. A copy of the plan is available for review in the offices of the department of public works, solid waste division, and the environmental health department. (Amended during 1999 codification; Res. 91-21)

8.28.020 Amendments.

Lincoln County adopts by reference the used oil amendment to the 1991 Grant, Adams and Lincoln Counties regional local hazardous waste management plan. A copy of the amendment is available for review in the offices of the public works department, solid waste division, and the environmental health department. (Amended during 1999 codification; Res. 94-45)

8.28.030 Hazardous waste transport– Insurance required.

  1. Lincoln County restricts and prohibits any venture of hazardous waste brought into the county or by any method not covered by the county”s liability insurance policy;
  2. Such person or persons involved in the hazardous waste is/are required to furnish insurance on an occurrence form basis equal to the county liability coverage per occurrence.
  3. This insurance shall provide coverage for claims in later years caused by materials such as pathogens, heavy metals, tire pollution, or other hazardous material. (Res. 92-39)

Chapter 8.33 ON SITE SEWAGE SYSTEMS

Existing codes not yet incorporated under title 8 Chapter 8.33 available via the Public Health page. Click here.