City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 12
Chapter 12.03
Section 12.03.0406
 

Title 12 Public Ways and Property

Chapter 12.03 Airport Regulations

Article III. Solicitation Activities

Section 12.03.0406 Denial
  1. An application shall be denied for no other reason than any one of the following:
    1. The applicant has not furnished the information required by SMC 12.03.0404(A), or has failed to comply with SMC 12.03.0402(C).
    1. There has been within the previous twelve months a final and binding judicial determination as provided herein by subsection (B) of this section that the applicant has violated this chapter which has resulted in the revocation of a previous permit as provided in SMC 12.03.0410(A).
    1. The applicant constitutes a commercial enterprise as defined in SMC 12.03.0402(A) and is subject to other licensing or leasing requirements at Spokane International Airport.
    1. Emergency conditions exist at Spokane International Airport which make the applicant’s proposed activity at the time and location proposed by the applicant absolutely incompatible with the operational function of the airport; or
    1. More applicants than herein provided have proposed permitted activities for the same time and locations and the applicant is not entitled to priority under the standards described in SMC 12.03.0434.
  1. In the event that any permit is denied, the airport’s director shall within five days following such denial, apply to either the United States district court for the Eastern District of Washington or to the superior court of Spokane County, Washington, for a judicial determination as to whether the proposed activity described in the application is properly prohibited, naming the applicant as a party defendant. The airport’s director shall exert every reasonable effort to have this issue heard on its merits without delay and as soon as is legally possible. The burden of showing that the proposed solicitation may be prohibited shall rest on the airport’s director.
  1. If the issue for judicial determination described in subsection (B) of this section is not heard and determined by the court within fifteen calendar days from the date the complaint is filed, then an interim permit shall be deemed issued under this chapter to the applicant by operation of law, and all activities proposed to be conducted in the application for the permit may be conducted just as though a permit had been duly issued by the airport’s director, subject to the same restrictions and obligations under this chapter as other permittees.
  1. The interim permit shall be deemed renewed each weekly period for so long as no judicial determination has been made. All parties shall be bound by the trial court’s determination pending appeal.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1