Chapter 9.03
OFFENSES AGAINST GOVERNMENTAL AUTHORITY

Sections:

9.03.010    Obstructing public officers.

9.03.020    Disruption of government offices.

9.03.030    Public events – Criminal activity.

9.03.040    Public facility – Criminal activity – Prohibition of entry.

9.03.050    Escape.

9.03.060    Offenses against police dogs.

9.03.070    Probation violations.

9.03.080    Failure to abide by court order.

9.03.010 Obstructing public officers.

A.    A person is guilty of obstructing a public officer if, with knowledge that the person is a public officer, he or she:

1.    Intentionally and physically interferes with a public officer;

2.    Intentionally hinders or delays a public officer by disobeying an order to stop given by such officer;

3.    Intentionally refuses to cease an activity or behavior that creates a risk of injury to any person when ordered to do so by a public officer;

4.    Intentionally destroys, conceals or alters or attempts to destroy, conceal or alter any material which he or she knows the public officer is attempting to obtain, secure, or preserve during an investigation, search or arrest;

5.    Intentionally refuses to leave the scene of an investigation of a crime while an investigation is in progress after being requested to leave by a public officer; or

6.    Intentionally hinders or delays a public officer in the discharge of his or her official duties by making any untrue or misleading statement, report or identification.

B.    No person shall be convicted of violating this section if the judge determines with respect to the person charged with violating this section that the public officer is not acting lawfully in a governmental function.

C.    For purposes of this section, a public officer means those individuals responsible for the enforcement of the provisions of the Bothell Municipal Code and empowered to make arrests or issue citations for violations under the code or those individuals responsible for the enforcement of the criminal laws of the state.

D.    Obstructing a public officer is a gross misdemeanor. (Ord. 2143 § 1, 2014; Ord. 1911 § 2, 2003).

9.03.020 Disruption of government offices.

A person is guilty of disruption of government offices if he comes into or remains in any government building, office or public way adjacent thereto, without lawful reason, and intentionally causes substantial and unreasonable disruption of the activities or functioning of a government office. As used in this section, the term “government offices” has its ordinary meaning including city, county, state and federal government offices. A violation of this section is a gross misdemeanor. (Ord. 1911 § 2, 2003).

9.03.030 Public events – Criminal activity.

A.    Interference with Public Events. No person shall physically interfere with any public event activity in a manner which: (1) disrupts the activity to the extent it makes it difficult for the activity to continue; or (2) causes viewers or participants (including vendors) to be distracted to the extent the viewing of or the participation in the activity is obstructed, restrained or inhibited. For purposes of this section, “activity” shall include any parade, performance, processing, race, game, exhibition or similar activity which is conducted on a public street or public place and is an official part of a public event. The term “public event” shall mean any event(s) sponsored or co-sponsored by, in conjunction with, or endorsed by any public, quasipublic or civic entity for the benefit of the public. Violation/penalty: Any violation of this section shall constitute a misdemeanor.

B.    Criminal Trespass. Any person who (1) violates this section of the Bothell Municipal Code; (2) commits any offense against public peace as set forth in this title including, but not limited to, indecent exposure, urinating in public, public disturbance, disorderly conduct and failure to disperse, while attending or in conjunction with a public event; (3) commits a crime against a person, including, but not limited to, assault in the fourth degree and provoking assault, while attending or in conjunction with a public event; or (4) commits a felony while attending or in conjunction with a public event, may be ordered removed from the property on which the event is held by any person(s) having lawful authority over the event or by a law enforcement officer. Such an order may prohibit the person from returning to the property on which the event is held for the duration of the event if there is cause to believe that further violations would occur if the person were allowed to return. Such order shall apply to event areas both on and off public streets and public places. Any violation of such an order lawfully issued shall constitute criminal trespass pursuant to Chapter 9A.52 RCW. (Ord. 1911 § 2, 2003).

9.03.040 Public facility – Criminal activity – Prohibition of entry.

A.    Whenever a police officer or a judge, commissioner or judge pro tempore of the Bothell municipal court has probable cause to believe that a person has committed any act set forth in subsection C of this section on any public facility as described in subsection D of this section, that person may be given a written order prohibiting that person from entering the public facility where the act was committed. When issued by a police officer, the order shall be effective for a period of up to 45 days or the date in which the violator is arraigned on the criminal matter which resulted in the issuance of the order, whichever comes first, unless extended by a judge, commissioner, or judge pro tempore. When issued or extended by a judge, commissioner, or judge pro tempore, the order shall be effective during the pendency of the criminal action arising out of the act which resulted in the issuance of the order unless withdrawn sooner by a judge, commissioner, or judge pro tempore. If the person is convicted in any criminal action arising out of the act which resulted in the issuance of the order, the judge, commissioner, or judge pro tempore may issue or extend the order for such a period of time not to exceed the time that the court retains jurisdiction over the matter.

B.    Whenever a police officer has probable cause to believe that a person has been notified in writing under this section that the person is prohibited from entering a public facility described in subsection D of this section, and the person is on the public facility for which prohibition of entry has been ordered, such officer may arrest the person for violating the prohibition on entry.

C.    An act which may result in the issuance of a written order prohibiting a person from entering a public facility may consist of any of the following when committed on the public facility:

1.    Any act which qualifies as a felony crime;

2.    Any act which qualifies as a gross misdemeanor or misdemeanor crime, excluding all traffic offenses except for violations of RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, or 46.61.525; or

3.    Any act which involves entering an area designated in subsection D of this section after the area was closed to the public.

D.    For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds and appurtenances of any of the following:

1.    Any park maintained by the city of Bothell, the counties of King or Snohomish, or the state of Washington.

2.    Any recreational area maintained by the city of Bothell, the counties of King or Snohomish, or the state of Washington, including but not limited to the property known as the Bothell Senior Center.

3.    Any public library maintained by the city of Bothell, the county of King, or the state of Washington.

E.    A person who is issued an order pursuant to this section shall have the opportunity to challenge the issuance of the order. When a person challenges the validity of the order, the city must establish that probable cause exists to believe that the person committed any act set forth in subsection C of this section. Proof of probable cause shall be established based solely upon the sworn declaration incorporated by reference in a police officer’s report that substantially conforms to the requirements of RCW 9A.72.085 without further evidentiary foundation. The sworn declaration may be supplemented by the testimony of witnesses. The person against whom the order was issued shall have the opportunity to present evidence and testimony when challenging the order.

F.    Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, the right to lawfully and peaceably assemble, the right to travel, the right to petition the government for redress of grievances, or the response to an emergency.

G.    A person who violates this section shall be guilty of a misdemeanor. (Ord. 1911 § 2, 2003).

9.03.050 Escape.

A.    A person is guilty of escape if:

1.    Without lawful authority, he or she intentionally removes himself or herself from the custody of a court, police officer, detention facility, registered location where work is performed pursuant to work release, or registered location where he or she is serving any portion of jail time on electronic home monitoring or detention; or

2.    He or she fails to return himself or herself to the custody of the court, police officer, or detention facility following temporary leave lawfully granted by a court or Bothell corrections.

B.    For the purposes of this section, custody means:

1.    Restraint by a police officer pursuant to a lawful arrest for an offense;

2.    Restraint pursuant to an order of a court, including but not limited to:

a.    The detention of a person pursuant to a court-issued arrest warrant;

b.    A verbal or written order to detain a person during a court appearance;

c.    The detention of a person pending trial;

d.    Detention of a person pursuant to a sentence of a court;

e.    Detention of a person pursuant to the revocation of a period of a sentence initially suspended by a court;

f.    Detention of a person pursuant to an electronic home monitoring or electronic home detention program, regardless of the location that the person who is in custody is registered, or required to be.

C.    A person who violates this section shall be guilty of a gross misdemeanor. (Ord. 1911 § 2, 2003).

9.03.060 Offenses against police dogs.

No person shall willfully or maliciously torment, beat, kick or strike any dog owned or being used by the police department in the performance of its official duties. No person shall willfully hinder, delay, or obstruct any dog used by a law enforcement officer in discharging or attempting to discharge his official duties. Any person violating the provisions of this section shall be guilty of a misdemeanor. (Ord. 1911 § 2, 2003).

9.03.070 Probation violations.

A.    For purposes of this section, the word “probationer” means any person who after conviction of violation of an ordinance of the city or a law of the state has been placed on probation in connection with the suspension or deferral of sentence by either a district court of this county, municipal court or the superior court.

B.    Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of his probation, is in such police officer’s presence, violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, such officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended, and for such purpose such police officer may arrest such probationer without warrant or other process. (Ord. 1911 § 2, 2003).

9.03.080 Failure to abide by court order.

It shall be a misdemeanor for any person subject to a court order, the violation of which is not covered by a specific provision of this chapter, to knowingly and wilfully violate the terms of that order. (Ord. 1911 § 2, 2003).