Chapter 9.04
OFFENSES AGAINST THE PUBLIC ORDER
Sections:
9.04.000 Adoption by reference.
9.04.040 Telephone harassment.
9.04.060 Blocking railroad crossing.
9.04.070 Adoption by reference – Fish and game.
9.04.080 Discharging firearms.
9.04.000 Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.03.010 Abandoning, discarding refrigeration equipment
9.03.020 Permitting unused equipment to remain on premises
9.03.030 Keeping or storing equipment for sale
9.66.050 Deposit of unwholesome substance
(Ord. 1432 § 1, 2007)
9.04.010 Disorderly conduct.
A person is guilty of disorderly conduct if he or she knowingly and without express lawful authority either:
A. Obstructs pedestrians or vehicular traffic so as to subject either to unreasonable inconvenience or hazard; or
B. Climbs upon, enters, or gets on board any portion of a railroad car, railroad train or railroad engine without being a passenger or other person authorized by the railroad company or City to do so; or
C. Makes noise of sufficient volume or duration as to unreasonably annoy or disturb another or the peace and quiet enjoyment of the public; or
D. Fails to take reasonable steps to prevent noise of sufficient volume or duration as to unreasonably annoy or disturb another of the peace and quiet enjoyment of the public, from being carried on between the hours of 9:00 p.m. and 7:00 a.m. in any dwelling place or place of business or on any other property over which he or she has the right to exercise control; provided, however, that noise from construction activity during such hours shall be governed by FMC 8.08.020 rather than this subsection; or
E. Uses in the presence of another person a vulgar, profane, obscene or indecent word or phrase whose use inflicts injury or tends to excite an immediate breach of peace; or
F. Fights with another person other than when lawfully authorized as part of an organized athletic contest or activity; or
G. Willfully annoys, bothers, molests, insults or offers an affront to another person so as to unreasonably offend another or encourage another to fight; or
H. Conducts himself or herself in an indecent or offensive manner so as to tend to generate a public disturbance; or
I. Refuses to immediately cease any of the prohibited activities enumerated in this section after being audibly ordered or visually directed to do so by a police officer, which refusal shall be an additional and independent misdemeanor; or
J. While in a public place, consumes liquor or possesses an open container with any liquor in it; or
K. Jumps, dives, plunges, or otherwise propels themselves from any bridge or overpass or any other structure on the right-of-way of a public road, street, highway, alley, or way into any body of water in the City of Ferndale. (Ord. 2188 § 1 (Att. 1), 2021; Ord. 1432 § 1, 2007; Ord. 924 § 2, 1990; Ord. 921 § 1, 1990; Ord. 829 § 1, 1987; Ord. 824 § 1, 1987)
9.04.020 Failure to disperse.
A. A person is guilty of failure to disperse if he or she refuses or intentionally fails to disperse or refrain from activity which creates a risk of causing injury to any person or property after an audible order to disperse has been given by a law enforcement officer and a reasonable time has been allowed for dispersion.
B. No such order shall be given to a news reporter or other person observing or recording the events on behalf of the public press or other news media unless he or she is physically obstructing lawful efforts by such officer to disperse the parties. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.04.030 Fireworks.
A. The City incorporates by this reference the definitions set forth in the state fireworks law, Chapter 70.77 RCW, as now enacted or hereafter amended.
B. A person without an appropriate license or permit is guilty of illegal possession of special fireworks if he or she:
1. Manufactures, imports, possesses or sells any special fireworks at wholesale for retail use;
2. Makes a public display of special fireworks; or
3. Transports special fireworks, except as a public carrier delivering to a licensee.
C. No license or permit is required for the possession or the use of common fireworks lawfully purchased at retail.
D. 1. Sale and Purchase. It is legal to sell and purchase consumer fireworks within the City of Ferndale from 9:00 a.m. to 11:00 p.m. on the first of July through the fourth of July.
2. Use or Discharge. Consumer fireworks may be used or discharged from 9:00 a.m. to 12:00 midnight on July 4th and from 6:00 p.m. December 31st to 1:00 a.m. January 1st.
3. Public display fireworks may be allowed on days and times other than those specified in subsection (D)(2) of this section by licensed pyrotechnic operators only as part of an approved special events permit from the City of Ferndale and in accordance with all permitting requirements in Chapter 70.77 RCW.
E. Emergency Ban on Consumer Fireworks. In accordance with the authority granted by RCW 70.77.250, the City Council, after consulting with the City Fire Official, or other officials as may be deemed appropriate, may prohibit the use or discharge of consumer fireworks within the City limits during periods of extreme fire danger.
F. A person is guilty of selling unlawful toy caps, tricks, and novelties if he or she sells toy paper caps containing more than twenty-five-hundredths of a grain of explosive compound for each cap or for each trick or novelty device not classified as common fireworks.
G. If any provision of this section or its application to any person or circumstance is held invalid, the remainder of the section or the application of the provision to other persons or circumstances is not affected.
H. Any person who violates this section shall be guilty of a civil infraction and subject to a civil penalty not to exceed $1,000. The minimum civil penalty shall be $250.00. (Ord. 2180 § 1 (Att. A), 2021; Ord. 2168 § 1 (Att. A), 2021; Ord. 1856 §§ 1 – 3, 2014; Ord. 1676 § 1, 2011; Ord. 1432 § 1, 2007; Ord. 973 § 2, 1992; Ord. 824 § 1, 1987)
9.04.040 Telephone harassment.
A. A person is guilty of telephone harassment if he or she, by means or use of the telephone, disturbs or tends to disturb the peace, quiet or privacy of any other person or family by repeated and continued anonymous or identified telephone messages intended to harass or disturb the person or family to whom the call is directed; or by a single call or repeated calls uses obscene, profane, indecent or offensive language, or suggests any lewd or lascivious act over a telephone, or threatens any physical violence or harm to any person or family; or repeatedly and continuously rings the telephone of any person or family with intent to disturb or harass them.
B. The normal use of the telephone for the purpose of requesting payment of debts or obligations or for other legitimate business purposes shall not constitute a violation of this section.
C. Telephone harassment shall be deemed committed either at the place where the telephone call is made or where it is received. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.04.050 Throwing articles.
It is unlawful for any person to throw anything off of a bridge or overpass, or at, against or upon any house, building, structure, vehicle or other property of another to the annoyance or injury of any other person. (Ord. 2188 § 1 (Att. 1), 2021; Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.04.060 Blocking railroad crossing.
A railway train engineer and any other person controlling the movements of a railway train is guilty of blocking a railroad crossing if he or she allows any railway engine, car or train to be, remain or stand upon any part of a street crossing within the City so as to prevent, obstruct or interfere with traffic over such crossing:
A. For a longer period than 10 minutes if only one crossing is blocked and no emergency vehicles are waiting; or
B. For a longer period than two minutes if two consecutive crossings are blocked and no emergency vehicles are waiting; or
C. For a longer period than necessary to immediately cut the train or otherwise immediately remove the engine, car or train from the crossing if an emergency vehicle with emergency lights activated approaches the crossing; or
D. For any period of time without first allowing all accumulated vehicular traffic to clear the crossing before reversing direction during a switching movement that temporarily clears the way for traffic to cross. (Ord. 1432 § 1, 2007; Ord. 846 § 1, 1988; Ord. 824 § 1, 1987)
9.04.070 Adoption by reference – Fish and game.
The following provisions of the Revised Code of Washington and the Washington Administrative Code as presently constituted or hereinafter amended are adopted by reference:
RCW
75.10.180 Personal use violations – Penalties
75.25.140 Failure to provide license upon request
77.16.020 Fishing without a license
77.16.020 Violations – Closed season, waters, area
77.16.060 Using nets, unauthorized devices
77.16.080 Laying poisons, acts dangerous to wildlife
77.16.090 Wasting wildlife
77.16.095 Mutilation of wildlife, hampering identification
77.16.160 Damaging or interfering with fish ladders
77.16.250 Loaded firearm in vehicle
77.16.260 Shooting from road
77.21.010 Penalties
77.21.010 Costs – Prosecution
77.25.091 No personal use license
WAC
220-56-175 Fail to record catch
220-56-180 Over possession limit
220-56-215 Possession of snagged salmon
220-56-310 Catch limits
220-56-312 Possession – Catch limits
220-57-001 River sport salmon closed area, season, overlimit
232-12-154 Fishing in “Juvenile Only” waters
232-12-619 Permanent prohibitions
(Ord. 1432 § 1, 2007)
9.04.080 Discharging firearms.
A. It is unlawful to discharge a firearm within the City limits, except at indoor rifle or shooting ranges operated in accordance with the Ferndale Municipal Code and all other relevant regulations.
B. As used in this chapter, “firearm” means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
C. It is unlawful to shoot, or otherwise cause the discharge of, a projectile from a bow, sling shot, BB gun or other device from which a projectile may be discharged by compressed air or gas, or spring power, unless such projectile is aimed at an inanimate target and does not strike a person, bird, or animal, or land on public or private property other than property whose owner has given express permission for the discharge of the projectile on such property.
D. “Target,” for purposes of this chapter, shall mean a device specially designed for shooting or target practice, and which is of sufficient size and design to stop the movement of projectiles aimed at it.
E. “Projectile,” as used in this chapter, means an arrow, rock, BB or other solid object which is capable of striking and causing injury to a person, bird or animal if discharged from a device described in subsection (C) of this section.
F. Any violation of this section is a misdemeanor. (Ord. 2011 § 1, 2017)