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1. When do I have to stop for a school bus?

In this case, a picture is worth a thousand words:

Stop for school buses

2. What is the speed limit in a school zone when the light isn't flashing and I don't see any kids?

School zones are unique areas. The school zones are posted with signs that meet the Manual on Uniform Traffic Control Devices (MUTCD), which constitutes an official posted school zone sign. In layman’s language all school zones have posted signs that inform you of where the zone starts and ends. The signs also inform you when school zones are enforced. There are posted signs that state, “School zone enforced when lights are flashing or when children are present.” With that being said, a school zone speed limit may still be 20mph when the lights are not flashing, if children are present within the posted area of the school zone. For example, if a school zone lights are set for 7:00 a.m. and children are walking within the school zone at 6:50 a.m. motorist are required to reduce their speed to the school zone posted speed limit of 20mph.
If the school zone lights are not flashing and you do not see children in the school zone, then that speed limit in the zone is whatever the posted speed limit is for that roadway. In the City of Marysville, we have several school zones. Each school zone has its unique roadway with its specific speed limit during times other than school zone hours. There is no one specific speed for all the zones outside of enforcement times. You will need to abide by the posted speed limits for each roadway surrounding our schools.
I’ve attached the State Revised Code of Washington (RCW) 46.61.440, which illustrates the School Zone law. School Zone Law

3. Is there a restriction on how long a car can be parked on a street in a neighborhood in Marysville?

Yes. Per Revised Code of Washington (RCW) 46.55.010(14)-Unauthorized vehicle: A vehicle is subject to impoundment after being left unattended on a public highway, (this includes all streets and roadways in Marysville, WA) for more than 24 hours. In accordance with state law, this vehicle may be sold at a public auction if it is not reclaimed, after being towed and held for at least 120 consecutive hours (RCW 45.55.085). State law also requires an officer to attach a notice, warning the owner that if the vehicle is not moved in the next 24 hours it will be subject to impoundment. What does all this mean? This means citizens may call 911 if they feel a vehicle has been standing for at least 24 hours. Once the officer arrives, the officer must first place a notice, warning the owner that he/she has 24 additional hours to remove the car before it is subject to impoundment. This gives the vehicle a minimum of 48 hours in one spot. Vehicle owners need to be aware of Marysville Municipal Code (MMC) 11.08.170, which prohibits that same vehicle from being re-parked within one city block of the original location. The practice of the Marysville Police Department is to work with citizens to provide education before enforcement action is taken. We first make every effort to identify and locate the registered owners of unauthorized vehicles, and provide them education. Issuance of an infraction is usually the last resort. I hope this provides the information you are looking for. Parking Restrictions

4. I live on a dead-end street with no sidewalks. There are residents that park on both sides of the street. How many vehicles are allowed to park on residential streets?

In the City of Marysville, there are two codes that govern the rules of the road and specifically the rules governing how and where we may park our vehicles. In no particular order, the first is the Washington State Revised Code of Washington (RCW). The second is the City of Marysville, Marysville Municipal Code (MMC). Both codes contain sections specifically designed to illustrate rules for parking. Within the RCW, you will find the parking rules in section RCW 46.61. In the MMC, you will find the parking rules in section MMC 11.08. Within these sections there is a plethora of parking do’s and don’ts. Your question is one that is difficult at best to answer. I say this because there is no set number of vehicles that may park on a street, as long as the parking rules are followed. However, when you understand the parking rules, you will spot cars that are illegally parked. RCW 46.61.570 contains the heart of the parking rules. Here are just a few of the rules contained in RCW 46.61.570 that may be relevant to your concern. No person shall:
• Double park
• Obstruct traffic
• Park where official signs prohibit
• Park within 5’ of a driveway
• 15’ of a fire hydrant
• 25’ of a crosswalk
• 30’ of a Stop Sign
These are just a few of the parking rules found in RCW 46.61.570. You may research these and other rule at your leisure. Simply go to the City of Marysville website and open the link to “Municipal code.” The State’s RCW pertaining to parking can be found by simply doing a web-search of “RCW 46.61.” If you believe a traffic or pedestrian hazard exist on your street, don’t hesitate to call 911. I hope this information will help you answer your question.
Parking Prohibited in Specified Places

5. Does Marysville have any ordinances about people parking on their lawns, using their lawns as a parking area on an on going basis?

Yes. Marysville Municipal Code (MMC) 11.36.030 prohibits vehicles from being parked on private property if the vehicles meet the definition of “Junk Vehicle” under RCW 46.55.230, and is visible from the street or other public or private property. What is a “Junk Vehicle?” A junk vehicle means a vehicle that meets at least three of the following requirements:
? (a) Is three years old or older
? (b) Is extensively damaged, such damage including but not limited to any of the following:
o A broken window or windshield
o Missing wheels
o Tires
o Motor
o Transmission
? (c) Is apparently inoperable
? (d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
A junk vehicle, on private property is a public nuisance subject to removal and impoundment by the city. Once a complaint is made to the city, the Code Enforcement Officer shall inspect and investigate complaints relative to unauthorized or junk vehicles. The owner of the vehicle will be given a warning notice to act within 10 business days. If the owner of the vehicle cannot be identified, the property owner will be subject to the notice. The owner will have this period of time to file for a court hearing or remove said vehicle. If it is found to be a public nuisance, the vehicle will be subject to impoundment by the city.
If vehicle is being parked on a resident’s lawn for a short period and is driven on a reasonably regular basis, this example does not meet the standard for MMC 11.36.030. In this case, it may be in violation of residential CC&R or Homeowners’ Association Rules. In this case it would be a civil matter between association members and the resident in violation of the CC&R. With that being said, parking regulations depicted under RCW 46.61.570 govern where and how vehicles may be parked on the roadway. This includes grass and planter strips as well as sidewalks, so if the vehicle you are concerned with is parked on either of these, it would be in violation of state law. I hope this helps to answer your question.
MMC 11.36 Unauthorized Parked Vehicles

6. Can a vehicle park where they are blocking residents mailboxes? Where mail cannot be delivered?

In the City of Marysville, there are two codes that govern the rules of the road and specifically the rules governing how and where we may park our vehicles. In no particular order, the first is the Washington State Revised Code of Washington (RCW). The second is the City of Marysville, Marysville Municipal Code (MMC). Both codes contain sections specifically designed to illustrate rules for parking. Within the RCW, you will find the parking rules in section RCW 46.61. In the MMC, you will find the parking rules in section MMC 11.08. Within these sections there is a plethora of parking do’s and don’ts. MMC 11.08 mirrors RCW 46.61.570, which contains the heart of the parking rules. Here are just a few of the rules contained in MMC 11.08 and RCW 46.61.570 that may be relevant to your concern. No person shall:

Double park
Obstruct traffic
15’ of a fire hydrant
25’ of a crosswalk
30’ of a Stop Sign
Park within 5’ of a driveway
Park where official signs prohibit

These are just a few of the parking rules found in MMC 11.08 and RCW 46.61.570. There is no specific law prohibiting a vehicle from parking in a (legal) manner, which blocks a mailbox. However, in some cases the two examples I highlighted may come into play, which would make parking prohibited. Therefore, if an official state or city sign is posted and states “No Parking” or “Parking Prohibited” in the area of the mailbox, then parking a violation may exist. Additionally, if a vehicle is parked within five feet of a driveway, and by doing so blocks a mailbox, this too may be a parking violation. You may research these and other rule at your leisure. Simply go to the City of Marysville website and open the link to “Municipal code.” The State’s RCW pertaining to parking can be found by simply doing a web-search of “RCW 46.61.” If you believe a traffic or pedestrian hazard exist on your street, don’t hesitate to call 911. I hope this information will help you answer your question. Please feel free to email me if you have any further questions. City of Marysville Parking Rules

7. Where can I submit a photo of someone parked illegally at the Marysville Post Office and the incident occurred yesterday?

Parking illegally gives an officer the discretion to issue a notice of traffic infraction to the registered owner of the illegally parked vehicle. However, there is one caveat to the officer’s ability to write the notice of infraction, which falls under Washington State’s Revised Code of Washington (RCW) 46.63.040. RCW 46.63.040 states in part, “(1) A law enforcement officer has the authority to issue a notice of traffic infraction: (a) When the infraction is committed in the officer’s presence.” RCW 46.63.040 requires traffic infractions to be witnessed by the officer (with a few exceptions which do not pertain to illegally parked vehicles). With that being said, when citizens witness a traffic violation (such as illegally parked vehicles), police must be called to the violation in order for enforcement to take place. Taking a picture of the illegally parked vehicle will not give the police an option to cite the registered owner, as stated in RCW 46.62.040.

I’ve attached the link below for you to read at your convenience. Infractions must be observed by an Officer

8. My 12 year old son is very disrespectful and is beginning to take property that doesn’t belong to him. Is there a program to scare him straight? He scares me and I don’t know what to do.

Your concern is one we are asked to help with on a frequent basis. From a police standpoint, taking property that doesn’t belong to him is Theft, which is a crime. If he continues to steal from others, there will be serious legal consequences. Police departments and officers are not in the profession to scare children. Our goal is to gain, build and maintain trust with our community, especially our children. As a parent looking for assistance, here are some options that may help you with your son. I have attached a website for the Snohomish County Youth Services. This link will take you to a number of very good county departments and services designed to help influence change in your son’s behavior. Other community services available for you to consider are the YMCA of Snohomish County, which provides assistance in youth development (www.ymca-snoco.org), and the Northwest Educational Services, which has Prevention Intervention Specialists that may be able to have a positive influence on your son (www.nwesd.org). I hope you find this information helpful. Snohomish County Youth Services

9. My friend's sons were recently assaulted. I was wondering if you know of any programs for free self defense classes or if you know of a nearby department that does classes for the community?

Thank you for using this forum to seek advice. I’m sorry incidents like this occur. Unfortunately, there are people in this world that make poor decisions. We are here to influence their actions through education and enforcement. Here are some options that may help your friend’s sons. I have attached a website for the Snohomish County Youth Services. This link will take you to a number of very good county departments and services designed to help families with children. Another community service available is the YMCA of Snohomish County, which provides assistance in youth development (www.ymca-snoco.org). I hope you find this information helpful. Youth services

10. Can we see more traffic patrols on Ingraham Blvd? It seems to be a race track for diesel trucks. Everyday it starts at 2pm and last until 8pm. These trucks are loud. What is the noise regulations?

Ingraham Blvd frequently receives Selective Traffic Enforcement. It is a main artery that leads to and from one of our local High Schools where vehicular and pedestrian traffic are spiked during periods of the day. When 911 call levels permit, Ingraham Blvd is routinely a focal point for traffic safety. I have noted your six hour period between 2pm and 8pm and have passed this information on to our officers on the road. The speed limit in your area has increased to 35mph (over 51fps). This may be one cause of the increased noise level of trucks headed uphill. In any event, Marysville Municipal Code (MMC) 6.76 details the City of Marysville’s Noise Regulation.
The definition of “Noise” means the intensity, duration and character of sound from any and all sources. This may sound a bit technical, but in order for noise to meet the level of “sound that is a public nuisance,” the noise must meet the mentioned definition, which includes duration. Traffic passing by on a roadway will not meet the required duration to constitute public nuisance; however, it may still be in violation of the Revised Code of Washington state law (RCW 46.37.390). RCW 46.37.390(3) states, “No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle…” I suspect this may be a case of excessive speed and equipment violations. The mission of the Marysville Police Department is our commitment to providing outstanding service in partnership with our community to enhance our City’s safety, growth and livability. Policing your specific concern will be dependent on a number of factors, but we will do our best to address this in a timely manner.

Sincerely,
MPD
MMC Noise Regulation

11. What is the cut off time in the evening for making noise in city limits?

In order for “Noise” to be an enforceable issue, it must raise to the level of “unreasonable disturbance or interfere with peace, comfort and repose of owners or possessors of real property. If your question is about noise you hear from your residence, there is no specific “cut off time” for noise if it meets the above standard. However, if the noise you are asking about does not meet the mentioned standard and is just noise from let’s say yelling, shouting, whistling or singing it is prohibited between the hours of 11:00 p.m. and 7:00 a.m. (quiet time). In short, if you hear noise that bothers you, you may call 911 and a police officer will respond to determine if the noise is unreasonable or if it should not be occurring between the hours of 11:00 p.m. and 7:00 a.m. If the noise is determined to be in violation of the City’s Noise Regulation, the officer will make every attempt to identify and contact the violator. The City Noise Regulation can be found on the City’s website under section 6.76.010 through 6.76.090. I’ve attached the link for you to peruse at your convenience. I hope this helped to answer your question. If you have further question, please feel free to email me. City of Marysville Noise Regulation

12. I have a neighbor who likes to have a wood fired pit that when he is burning, makes it impossible for me and many of my other neighbors to have windows open. What are the rules?

The rules governing your concern fall under both Marysville Municipal Code (MMC 6.24.020.3) and the Revised Code of Washington (RCW9.66.010). You can find the definition of “Nuisance” under MMC 6.24.020 and the State’s enforcement section under RCW 9.66.010, “Public Nuisance.” The governing section states in part, “A public nuisance is a crime against the order and economy of the state. Every act unlawfully done and every omission to perform a duty which act (1) Shall annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons; or, (4) Shall in any way render a considerable number of persons insecure in life or the use of property; Shall be a public nuisance.”
Your mentioned concern stated, “I live in an area where the houses are very close together. I have a neighbor who likes to have a wood fired pit that when he is burning, makes it impossible for me and many of my other neighbors to have windows open during warmer days due to the smoke.” Your concern falls within the definition of public nuisance. With that being said, we always hope and encourage neighbors to get to know one another and have the ability to interact in a civil manner. This helps to promote safer neighborhoods by exercising mutual concern and positive interaction. Positive interaction with neighbors encourages a Neighborhood Watch like environment. We also realize that this is not always possible, for one reason or another. If you can talk to your neighbor, and ask him or her to not create the nuisance, and your neighbor complies, great! If you are not able or willing to do this, the police department would gladly assist. An officer would respond to your 911 call and assess the reasonableness of your complaint and take appropriate action. Keep in mind, in this case, enforcement is usually the last resort. Like you, most people do not know the rules or laws pertaining to public nuisance. Therefore, law enforcement usually tries to provide a measure of education before enforcement.
I’ve attached a link to RCW 9.66.010, Public Nuisance, which you may familiarize yourself with.
Public Nuisance Law

13. How do I determine if a motorcycle helmet is legal?

In the State of Washington, RCW 46.37.530; Motorcycles-Helmets and other equipment rules, is the state law that requires a helmet to be worn while operating a motorcycle. Specifically subsection (3) states; “For the purposes of this section, “motorcycle helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with the manufacturer’s certification applied in accordance with 49 C.F.R. Sec. 571.218 indicating that the motorcycle helmet meets standards established by the United States department of transportation.” With that being said, we must understand what “49 C.F.R. Sec. 571.218” means.

U.S. Department of Transportation (DOT), through the National Highway Traffic Safety Administration (NHTSA), and the Federal Motor Vehicle Safety Standards and Regulations (FMVSS) the required standards are established and set. Washington State law adopted the standards. Title 49 of the Code of Federal Regulations (CFR), Part 571-Standard 218 (49 C.F.R. Sec. 571.218) sets the minimum standards for a legal helmet in the United States. A bit of trivia, FMVSS sets the minimum standards for all motor vehicles and motor vehicle equipment (seat belts, mirrors etc.) sold in the United States. You will be able to identify a legal helmet when you understand these minimum standards.

That’s a very long document, so I’ll make this as simple as possible. There are two dead (no pun intended) giveaways in identifying an illegal helmet:
• FMVSS 218 compliant motorcycle safety helmets will have a firm inner liner of polystyrene foam that is about one inch thick. In some helmets this may covered by a comfort liner, but you can feel the thickness. Non-compliant helmets normally contain no liner or thin soft foam padding. Layman’s language, if you don’t have a minimum of one-inch padding between your head and the hard outer shell of the helmet, it’s not legal.
• The neck or chin strap retention system must be secured and made of metal fasteners.
These two, of many helmet requirements are the two easiest identifiable requirements. If a motorcyclist is riding with a helmet that doesn’t meet these easily spotted requirements, an officer has probable cause to make a traffic stop on the rider. Once the rider is stopped there are other regulations that will prove the helmet is what we call, a “Novelty Helmet.”

DOT Sticker
• Compliant motorcycle safety helmets will have the symbol “DOT” permanently installed by the manufacturer on the back of the helmet. Some “novelty type” helmets are supplied with a separate “DOT” sticker or one can be purchased separately and placed on the helmet by the motorcyclists. This does not make this a compliant helmet.

Manufacturer’s Label
• Each compliant motorcycle safety helmet will have a permanently attached label either sewn or glued in the interior of the helmet by the manufacturer that has the manufacturers name or identification, precise model, size, month and year of manufacture, type of shell and liner construction materials and an instruction label for cleaning and care of the helmet.
Once a suspected rider, wearing a suspected illegal helmet is stopped, the DOT Sticker and/or the Manufacturer’s Label are usually not found on the helmet. I’ve attached the RCW that covers Washington State law requiring motorcycle helmets. I hope this helps to answer your question. If you have any further questions, don’t hesitate to contact us.

Sincerely,
MPD
Washington State Helmet Law

14. Are you able to help serve divorce papers?

The Marysville Police Department does not provide this service. The Snohomish County Sheriff's Office has a Civil Unit that may be able to provide you with the assistance you're seeking. I have attached a link to their webpage where you will find more information on the county's Civil Unit. Snohomish County Sheriff's Office Civil Unit

15. I found a hypodermic needle near my mailbox on the ground (looks used). How am I to properly dispose of it?

Thanks for bringing your question to this forum. When anyone finds needles on a roadway or anywhere for that matter the number one concern is for public safety, especially the children. With that being said, it would not be a good idea to leave it where you found it. It would be best to remove and discard the item(s) as quickly as possible. The best way to do this is to place used needle in a sharps container. Those are found in clinics and first responder buildings. However, you can also use makeshift items such as pop-cans or any object that will securely contain the needle and prevent it from poking anyone. Be sure to use gloves or some barrier between the needle and your skin; and always wash your hands when you're done. It is permissible to call 911, but call priorities may delay an officer's response. It would be best to remove the needle immediately and discard it in a manner that will not cause injury.

16. Where can I get a copy of a police report?

Any request for records and police reports must go through the public disclosure process. That process begins with our Records section. The easiest way would be to go to this link
http://wa-marysville2.civicplus.com/94/Public-Records-Request to begin the process. Request Police Report

17. I was wondering why there was such a big convoy of motorcycle sheriffs riding through smokey point this afternoon.

This week is "National Police Week." Police Week also coincides with the North American Motor Officers' Association (NAMOA) annual training conference. This year the NAMOA training conference was held at the Tulalip Casino and Resort. Yesterday the NAMOA participants did their memorial ride from Tulalip to the Arlington Airport where they had their conference photograph taken near staged aircrafts. The NAMOA training conference consists of motorcycle Officers and Sheriffs from Oregon, Idaho, Washington and Canada. If you would like to learn more about their organization, visit their website at namoa.org. North American Motor Officers' Association

18. Can you get pulled over on a bike or board for speeding down a hill faster than the speed limit?

Yes. The reason a rider gets stopped or pulled over may differ depending partly on whether you’re on a bicycle or a skateboard. There are several reasons—speed related—a bicycle or skateboard may be stopped for speeding down a hill faster than the speed limit. The obvious reason, “Speeding” applies to riders in or on a vehicle. A skateboard does not meet the definition of a “Vehicle;” a bicycle does:
? RCW 46.04.670-Vehicle. “Vehicle” includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. “Vehicle” does not include devices other than bicycles moved by humans.”
A vehicle may also be stopped for “Speeding” even if it is not traveling faster than the posted speed limit. The “Basic rule and maximum (speed) limits” rule under RCW 46.61.400 states:
? RCW 46.61.400-Basic rule and maximum limits. “No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”
With that being said, you may still be stopped for a speed related violation if your speed, under the conditions that exist at the time, are viewed as unreasonable and create a potential or real hazard.

As for riding a skateboard on a public highway, you may not be stopped for RCW 46.61.400 (Basic rule and maximum limits), but you may be stopped for “Disorderly conduct.” As previously mentioned, a skateboard does not meet the definition of a “Vehicle,” however, disorderly conduct does not require a person to be on or in a vehicle. The definition of “Disorderly conduct is:
? RCW 9A.84.030-Disorderly conduct. “A person is guilty of disorderly conduct if the person intentionally obstructs vehicular or pedestrian traffic without lawful authority…”
Here’s what the officer would need to articulate in order to stop and potentially arrest a skateboard rider for disorderly conduct. The officer would need to articulate that your speed going down the hill faster than the posted speed limit caused or is causing other vehicles to alter their normal driving pattern, which obstructs vehicular or pedestrian traffic. “Obstructs” is defined as:
? Blocking, makes difficult to pass, interrupt, hinder, or oppose the passage, progress, and/or course…

If the courts find a person violated RCW 46.61.400, the person is guilty of an infraction. If the courts find a person violated RCW 9A.84.030, the person is guilty of a misdemeanor, which is a criminal offense.
Speeding

19. There is a kid who lives in his car near my house. It's weird having him sit in his car all day as other kids regularly walk up to his car before they disappear into nearby garages. What can I do?

Thank you for using this forum to express your concern. This situation warrants further investigation. There is a high probability that his actions are not permissible in our city. First off, there’s a reason you stated, “…it’s just weird…”. It’s weird because it is not reasonable for a “kid” to be spending most of the day sitting in a car across the street from your residence. Furthermore, it is very suspicious to see other “kids” walk up to the kid’s car before disappearing into a nearby garage where they close the garage door. Lastly, sleeping in his car on a regular basis is definitely not permissible.
There are Marysville Municipal Codes (MMC) that address your concern. MMC 6.36.020 states, “It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting a purpose to engage in drug-related activity contrary to any of the provisions of Chapters 69.41, 69.50 or 69.52 RCW; when such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in unlawful drug-related activity.” The key here is, “…person behaves in such a manner as to raise a reasonable suspicion…” For this reason, you should call 911. What you described raises to the level of reasonable suspicion. It is our job to investigate your concern or suspicion.
Lastly, it is not permissible to camp in the City of Marysville. MMC7.05.010 states, “It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided by ordinance or as permitted pursuant to MMC 7.05.060:
(1) Any park;
(2) Any street;
(3) Any publicly owned parking lot or publicly owned area, improved or unimproved.
(Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, or hammocks)” With that being said, the fact that this person sleeps in his car on a nightly basis—in a public area—qualifies as the use of camp paraphernalia as stated above, “Camp paraphernalia includes, but is not limited to…”
The Marysville Police Department will respond to your call, assess the situation, identify the violator and provide him with education to our mentioned city MMC. The police response, education and warning are usually enough to remedy your situation. If your concern persists, please continue to call police. To allow this type of activity to continue or fester, will only lead to other more serious issues.
Marysville Municipal Codes

20. Can a driver pull into the middle of an intersection, to make a left turn, and stop until the light turns yellow then red before it makes the left turn?

The short answer is a driver is NOT legally permitted to enter the intersection and wait for the yellow/red before making the left turn.

RCW 46.61.202, Stopping when traffic obstructed. No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic control signal indications to proceed.

As the RCW states, by occupying space in the middle of an intersection, the driver is obstructing that portion of the roadway. The middle of the intersection is not a lane. It an intersection, which should be clear unless the vehicle is moving safely through to the other side of the intersection. Blocking the intersection

21. If I violate my Notice of Trespass, exactly what will happen to me; will I go to jail and for how long; can I post bail; what type of penalties will I face?

Thank you for using this forum to ask your questions. There are very few “…what exactly will happen to me…” scenarios in law enforcement. A trespass violation is one that law enforcement cannot answer with an exact response to you violating the law. If the responding officer, after evaluating all the facts and circumstances surrounding your violation of the law, decides to place you under arrest, you may be taken to the Marysville Jail for booking. However, booking is not the officer’s only option. The officer may elect to cite and release, do an administrative booking, or book you into the jail. The first two do not require posting bail; you would be release from the scene or from the jail once you’ve been issued a copy of your criminal citation.
Let me address the bail portion of your questions. There is no exact science to bail. For the most part, if you are booked under the offense of Criminal Trespass in the Second Degree your bail will most likely be $500.00; however, if you decide to not post bail before your court hearing, the Judge has the authority to increase your bail. What he may increase your bail to, is up to the Judge. “Can I (you) post bail?” That will be a question you’ll have to ask yourself.
Criminal Trespass in the Second Degree is a misdemeanor. Under RCW 9A.20.020, Maximum sentences- “Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.” This is the length of time you may be looking at; however, the Judge has the final say.
I’ve attached a link to RCW 9A.20.021, in the event you’d like to study your potential length of jail time and fines for the different categories of crimes. I hope this helps to answer your questions. I highly suggest you save your time and money and don’t break the law.
Categories Penalties and Crimes

22. What are the city's rules on chickens and roosters?

Here are the two Marysville Municipal Codes that specifically address chickens:

10.04.315 Chickens.
The keeping of chickens for personal use of the household shall be permitted subject to the following:
(1) A maximum of six female chickens may be kept on residential lots less than one acre in size; provided, that roosters are prohibited on lots that are less than one acre in size.
(2) A suitable shelter that is constructed so as to discourage predators shall be provided. The shelter shall be maintained in good working condition.
(a) Shelters, pens, and similar chicken enclosures shall be in the rear yard and shall be set back a minimum of 20 feet from neighboring residentially occupied structures.
(b) Shelters, pens, and similar chicken enclosures shall be kept clean and free from disagreeable odors. No organic materials furnishing food for flies shall be allowed to accumulate on the premises. All manure and other refuse must be kept in tightly covered fly-proof receptacles and disposed of at least once each week in a manner approved by the animal control officer.
(c) Chickens may roam freely in the rear yard as long as they are contained on the premises by a fence.
(3) Chickens may be processed on the premises; provided, that the processing occurs in the rear yard out of public view.
(4) Infected chickens with diseases harmful to humans shall be removed from the premises. (Ord. 2900 § 2, 2012).

As for the noise;

6.76.060 Public nuisance and disturbance noises.
It is unlawful for any person to cause, or for any person in possession of property to allow to originate from said property, sound that is a public nuisance. The following sources of sound are defined to be public nuisances, except to the extent that they may be specifically exempted by other provisions of this chapter:
(1) Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with peace, comfort and repose of property owners or possessors, except that such sounds shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops, and veterinary clinics;
(2) 1st offense 150.00 2nd offense 300.00 3rd offense criminal misdemeanor

23. My wife and I would like to apply for a CCW permit. What type of documents are rquired? I had a CCW issued 4 years ago.

I believe CCW is referring to Concealed Pistol License (CPL). You stated you had a CPL issued about four years ago. If so, the good news is the CPL is good for five years plus 90 days from the date issued. The 90 days is a grace period after your CPL date of expiration has passed. If you don’t have a hard copy of your previously issued CPL, I would encourage you to stop by the police department to confirm your CPL status. If your CPL is still valid, your renewal process and fees are much easier and less expensive. If your CPL has expired, you will need to apply for a new original CPL, which can take up to 30 days from the date of application. Application for renewal or original CPL must be made in person at the law enforcement office in the jurisdiction in which you reside.

Here is a list of acceptable photo identifications you may use to apply for an original CPL:
• Current Passport
• Current Washington State Driver’s License
• Current out of state identification
• Current Law Enforcement Identification
• Current Military identification

Please review the state law on CPL. You can find it under RCW 9.41.070. This RCW lists a plethora of conditions that must be met in order to qualify for a CPL.
Concealed Pistol License

24. How long does a temporary transfer of a firearm last and at what point, if any, does the firearm change ownership if the borrower retains possession of the firearm?

There are different types of “temporary transfers”. It is recommended all firearm owners review RCW 9.41.113 in its entirety, as any deviation from the contents therein could result in felony prosecution.
Here are the highlights:
No person shall sell or transfer a firearm unless:
• The person is a licensed dealer;
• The purchaser or transferee is a licensed dealer; or
• The sale or transfer is processed by a licensed dealer, meeting all required transfer requirements.
The above requirements do not apply to:
• A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift;
• The sale or transfer of an antique firearm;
• A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:
o The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and
o The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
• Temporary transfer to a federally licensed gunsmith for the sole purpose of service or repair;
• The temporary transfer of a firearm
o between spouses or domestic partners;
o if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located;
o if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
o to a person who is under eighteen years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms;
o while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred, has completed all training and holds all licenses or permits required for such hunting, provided that any temporary transfer allowed by this subsection is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law; or

• A person who acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm; or acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws.
To answer your question more directly, it would depend upon the date the firearm was transferred. From a criminal standpoint, ownership would not be influenced by a post I-594 transfer, because it would constitute a felony violation to still possess the firearm, with the owner absent, beyond the immediate instances listed above.
If the transfer occurred prior to I-594, it could be interpreted as a civil issue. However, it could also be interpreted as whoever now has physical possession of the firearm (post I-594) is the owner, and returning the firearm to its previous owner could constitute an illegal transfer if not conducted at a licensed dealer, subject to all required background checks. No case law could be located indicating a court decision on this topic.
Transfer of firearms

25. What are the laws about using a drone to look into someone else's house? A drone flew around our house last night, looking into our windows, and I have no idea who it belongs to. What are the laws?

There are at least three potential issues I can identify from your concern. First, I’ll address the regulations/laws on the use of drones or unmanned aircrafts. The FAA provides guidelines and regulations on the use of drones. These guidelines and regulations are detailed, lengthy, and difficult at best to read. In a nutshell, the FAA regulations make a clear distinction between privately operated and commercially operated drone use. Private operators are advised to operate a drone in a safe environment, under 400 feet (AGL-Above ground level), within line of sight of the drone and outside of two miles from an airfield. Drones used for commercial operation must be registered with the FAA and may only be operated by an operator licensed to land a manned aircraft (Aircraft Pilot).

The FAA is not a law enforcement agency. They do not have enforcement powers over the regulations they set; therefore, state and local agencies must adopt and/or pass laws to define the scope of enforcement within their jurisdiction. It is my understanding that currently state law only addresses the use of drones by government agencies. In short government agencies are prohibited from using drones without first obtaining a search warrant, unless there is a situation of life and/or death; such as a large natural disaster.

As far as looking into your windows, assuming there is some sort of camera system onboard the drone, laws for photographing from a public area would most likely come into play. As long as the camera is on or over a public area, or over the operator’s private property, it is my understanding that photographs may be taken. This would be similar to people walking on the street or sidewalk taking pictures of your house or windows, or in any direction for that matter. However, it is not permissible for anyone or a drone to enter your property or property of another’s to take photographs of your property. So, if the drone is flying “around” your house, there may be in issue of trespassing once it enters someone else’s or your property.

Additionally, the operation of a drone near and around your property, as well as your neighbor’s property may fall under local “Public Nuisance” laws. Public nuisance, specifically related to noise, must raise to the level of “unreasonable disturbance or interfere with peace, comfort and repose of owners or possessors of real property.” Law enforcement can immediately address this drone situation if it meets these criteria. It sounds like this may be the case. If so, call 911 and an officer will be dispatched to your location to help address this situation. It may mean educating the drone operator, or it may be a situation where enforcement is reasonable for the specific situation.

I’ve attached a link that may help provide you with additional information. I hope this helps to answer your question.
Drone Regulations

26. I have my truck parked on my brothers property. Does the city have the right to go onto his property and remove it?

The city would rather not. That is not the best case outcome for anyone; However, in extreme circumstances—which to my knowledge the city has not had to exercise—there may be a situation involving a code violation in conjunction with a safety issue that (after consulting with the city attorney) the city may elect to impound a vehicle at which time a lien may be applied against the property owner. Again, this is an extremely unusual situation, but it could happen.

Typically, if a vehicle is parked on private property, in violation of Marysville Municipal Code 6.24.050 (Public Nuisance), the property owner is first given a verbal or written warning or notice. Usually, the problem is corrected immediately. Other times, the property owner calls requesting clarification; at which time a Code Enforcement Officer will contact the home owner and give detailed reasons for the violation and provide ways the violation can be corrected. Even fewer times, the property owner does nothing; at which time the city will wait a reasonable amount of time in hopes the violation is corrected or the home owner contacts the office of Code Enforcement before a civil infraction would be issued.

It is most common that by this stage the problem has been identified, a reasonable amount of time has been offered and worked out with the home owner, and the problem is corrected. There are very few times we end-up having to go beyond this point. A situation that would warrant a city impound would be so far remote, and as earlier stated we have not had to exercise. The Code Enforcement office, which would handle this type of complaint prides our self on working with our citizens in developing a reasonable fix and working toward voluntary compliance. Our greatest tool is education, not enforcement.
Public Nuisance

27. Is there any stipulation within MMC 22C.240.020 that specifies a warning must be issued before the infraction can be issued?

The MMC you mentioned is a civil infraction.
Warnings are not required to be issued before a civil infraction is given. This
is the same as a traffic ticket. Traffic tickets are civil infractions. An
officer may elect to warn or cite. The MMC you mentioned is usually provided
with a 48 hour warning period; However, A WARNING PERIOD IS NOT REQUIRED.  

The MMC you mentioned has a graduated penalty structure. This
means an officer may cite the violator for every day the violation occurs. The
second occurrence is a $300.00 fine. This $300.00 fine can be issued the day
after the first violation. The officer may then elect to either continue each
subsequent violation with additional $300.00 fines or may elect to cite or
arrest for a criminal offense of the mentioned MMC once the court has found two
previous violations have been committed. This graduated penalty structure is typical of most MMC/Public Nuisance/Code Violations.

28. How do I ask a police officer a question?

It's easy: Just fill out our online form and an officer will respond to you via email. Ask A Police Officer