Chapter 9.16
OFFENSES AGAINST PUBLIC PEACE

9.16.000    Chapter Contents

Sections:

9.16.010    Definitions.

9.16.020    Disorderly conduct.

9.16.030    Failure to disperse.

9.16.040    Disruption of school activities.

9.16.050    Offenses in public.

9.16.055    Opening or consuming liquor in public place.

9.16.060    Public parades and demonstrations.

9.16.090    Public events--Criminal activity.

9.16.100    Teen dances--Regulation--Purpose.

9.16.110    Teen dances--Definitions.

9.16.120    Teen dance club--License required.

9.16.130    Teen dance club--License exceptions.

9.16.140    Teen dance club--License application requirements.

9.16.150    Teen dance club--License permit issuance.

9.16.160    Teen dance club--License suspension or revocation.

9.16.170    Teen dance club--Regulations.

9.16.180    Pedestrian interference.

(Ord. 6953 §1, 2015).

9.16.010 Definitions

For the purpose of this chapter, certain words and terms are defined as follows:

A.    "Public safety order" is an order issued by a peace officer designed and reasonably necessary to prevent or control a serious disorder, and promote the safety of persons or property.

B.    "School" has its ordinary meaning and also includes colleges, community colleges and institutions of higher education.

(Ord. 5375 §2, 1993; Ord. 3957 §4(A), 1976).

9.16.020 Disorderly conduct

A person is guilty of disorderly conduct if, without lawful authority, he knowingly:

A.    Is involved in conduct and/or uses language that is abusive, threatening, or intimidating and which causes alarm for safety of others or creates risk of assault, riot or other public disorders;

B.    Intentionally disrupts a lawful assembly or meeting of persons, without lawful authority;

C.    Is involved in conduct which unreasonably disrupts the public peace; and/or

D.    Causes a public noise disturbance or is in possession and control of property on which a public noise disturbance occurs. The following sounds are determined to be public noise disturbances:

1.    The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

2.    The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace comfort and repose of owners or possessors of real property.

3.    Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property.

4.    The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interferes with the peace, comfort, and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings.

5.    Sound from motor vehicle audio sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet from the vehicle itself.

6.    Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet from the source, and if not operated upon the property of the operator.

The foregoing provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts.

Provided that the foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace.

(Ord. 7080 § 1, 2017; Ord. 5375 §3, 1993; Ord. 5083 §1, 1990; Ord. 4268 §1, 1981; Ord. 3973 §1, 1976; Ord. 3957 §4(B), 1976).

9.16.030 Failure to disperse

A person is guilty of failure to disperse if:

A.    He congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person or substantial harm to property; and

B.    He refuses or intentionally fails to obey a public safety order to move, disperse or refrain from specified activity in the immediate vicinity.

(Ord. 3957 §4(C), 1976).

9.16.040 Disruption of school activities

A person is guilty of disruption of school activities if he comes upon a school ground, or street, sidewalk, or public way adjacent thereto without lawful reason, and intentionally causes substantial disruption of the activities of the school.

(Ord. 3957 §4(D), 1976).

9.16.050 Offenses in public

It is unlawful for a person to:

A.    Refuse to pay proper fare in public conveyances; or

B.    Intentionally fight with another person in a public place and thereby create a substantial risk of:

1.    Injury to a person who is not actively participating in the fight; or

2.    Damage to the property of a person who is not actively participating in the fight; or

C.    Expectorate upon the floor, walls or furniture of any public conveyance or public building; or

D.    Intentionally throw any objects at, against or upon any house, building, structure, vehicle or premises of another person or of the city without the consent of that person or the city; or

E.    Commit the crime of riot as defined in RCW 9A.84.010.

(Ord. 6953 §2, 2015; Ord. 6723 §1, 2010; Ord. 5222 §1, 1991; Ord. 5164 §6, 1991; Ord. 5056 §1, 1989; Ord. 3988 §1, 1976; Ord. 3957 §4(E), 1976).

9.16.055 Opening or consuming liquor in public place

A.    It is unlawful for a person to open any container which contains intoxicating liquor, or possess any such container which has been opened, or drink any intoxicating liquor in a public conveyance or public place not previously authorized by law, by a permit, or specifically approved in writing pursuant to a previously established policy by the City Manager or his/her designee.

B.    Notwithstanding OMC 9.64, every person who violates any provision of this section shall be guilty of a class 3 civil infraction under chapter 7.80 RCW.

C.    It shall be unlawful for any person to fail to appear as directed when served with a citation and notice to appear in Municipal Court and shall be subject to the penalty set forth in 9.64.010(A).

(Ord. 6953 §3, 2015).

9.16.060 Public parades and demonstrations

A.    Whenever any person or persons plan to have any procession, demonstration, or parade through or upon the streets of the city, which procession, demonstration, or parade will use the roadway section of the public right-of-way or will disrupt sidewalk pedestrian traffic in a significant way, the persons or person who will have charge, supervision, management or direction of such procession, demonstration, or parade are encouraged to, prior to such event, notify the chief of police of the city or the city manager or designee of the intention to conduct such parade, demonstration, or procession. The person or persons in charge, supervision, management or management of such processions, demonstration, or parade are encouraged to, prior to the event, discuss and plan with the chief of police or the city manager or designee the place within the city where such parade, demonstration, or procession will occur or commence its march and the proposed route, the street names, the approximate time expected to be consumed and the approximate number of persons and/or automobiles or other vehicles expected to take part.

B.    On receipt of such notice, the chief of police or the city manager or designee shall meet with the person(s) involved and discuss the proposed time, place, number of persons involved, and the manner in which the procession, demonstration, or parade shall be carried out; provided, however, that if in the judgment of the chief of police, the city manager or designee, a parade, demonstration, or procession of the size, at the time, and along the route indicated will unduly interfere with vehicle or pedestrian traffic, or endanger persons or property within the city or endanger the persons involved in the procession, demonstration, or parade, the chief of police or the city manager or designee may suggest reasonable alternative time(s) and/or routes or locations for such activity.

(Ord. 6077 §1, 2001; Ord. 6030 §1, 2000; Ord. 3957 §4(F), 1976).

9.16.090 Public events--Criminal activity

A.    No person shall physically and intentionally or knowingly interfere with any public event activity in a manner which unreasonably disrupts the activity or causes participants therein to be seriously distracted from their performance. For purposes of this section, "activity" includes any parade, procession, race, game, exhibition or similar activity which is conducted on a public street and is an official part of a public event. The term "public event" shall be defined as set forth in Section 10.64.010.

B.    No person shall commit any offense against public peace as defined in Chapter 9.16 or commit a crime against persons as defined in Chapter 9.20 while attending or in conjunction with a public event. Any person who engages in such conduct or commits a felony while attending or in conjunction with a public event may, in the case of private property, be ordered removed from the property on which the event is held by any person(s) having lawful authority over the event or, in the case of a public street, by a law enforcement officer. With respect to a public street, a court of competent jurisdiction may issue an order prohibiting 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. Any violation of such an order lawfully issued shall constitute criminal trespass pursuant to Section 9.40.080.

C.    Any violation of this section shall constitute a misdemeanor and be punishable by a fine not to exceed five hundred dollars, and/or by a jail sentence not to exceed ninety days.

(Ord. 6077 §2, 2001; Ord. 5292 §1, 1992; Ord. 4503 §2, 1984).

9.16.100 Teen dances--Regulation--Purpose

Sections 9.16.100 through 9.16.170 are an exercise of police power for the protection of the public welfare, health and safety of those minors that attend and patronize teen dance clubs. The city council finds and declares that the problems of runaway children, drug abuse, alcohol abuse and abuse of children are pervasive and that the city has received complaints in the past from neighbors of teen clubs complaining of such vandalism, excessive noise, public urination, etc.; and that such problems are of such magnitude that they are a matter of city concern and are contributed to by unregulated teen clubs. Sections 9.16.100 through 9.16.170 are intended to regulate teen clubs, to address the above-referenced problems and to diminish the negative impact of unregulated teen clubs.

(Ord. 4764 §1, 1987).

9.16.110 Teen dances –Definitions

For purposes of Sections 9.16.100 through 9.16.170, and unless the context plainly requires otherwise, the following definitions are adopted:

A.    "Teen dance" means any dance generally open to the public but which is attended primarily by persons under the age of twenty and which:

1.    Is conducted for a profit, direct or indirect; or

2.    Requires a monetary payment of a fee, membership or other charge or contribution for many of the persons admitted.

B.    "Teen dance club" means any place or premises where a teen dance is conducted, operated or maintained on an ongoing or regular basis and includes the premises in or on which the teen dance is conducted, operated or maintained, together with all hallways, bathrooms and all privately owned adjoining areas and open spaces on or above the premises in or on which the teen dance is conducted, including areas for vehicular parking, which are accessible to the public during the dance and which are subject to the control of the person or entity conducting, operating or maintaining the teen dance.

C.    "Person" includes any natural person and, in addition, a corporation, partnership or unincorporated association.

D.    "Director" means the director of administrative services for the city of Olympia.

(Ord. 4764 §2, 1987).

9.16.120 Teen dance club –License required

It is unlawful for an owner, tenant, lessee or permittee of a building or premises to operate or allow to be operated therein a teen dance club without a current and valid teen dance club license issued pursuant to Sections 9.16.100 through 9.16.170. A separate license is required for each teen dance club premises and the same shall at all times be conspicuously posted and maintained thereon.

The director shall prescribe the form of such license, number the same and shall indicate thereon the location of the licensed teen dance club. An annual fee of thirty dollars shall be imposed for each license issued.

(Ord. 4764 §3, 1987).

9.16.130 Teen dance club –License exceptions

A license hereunder is not required for any teen dance club which is operated and maintained by:

A.    An accredited school or college;

B.    The city of Olympia; or

C.    A religious, charitable or nonprofit organization or corporation which has received tax-exempt status under IRC Paragraph 501(C) (3), 26 USC, as now or hereafter amended.

(Ord. 4764 §4, 1987).

9.16.140 Teen dance club –License application requirements

Any person seeking a teen dance club license, who will actually operate said club, shall complete and file a written application with the director which shall include the following information:

A.    The name and address of the applicant;

B.    The location of the premises for which the license is sought;

C.    Whether the applicant is the owner, tenant, lessee or permittee of said premises;

D.    The name of the officers, directors, or partners if the applicant is a corporation or partnership;

E.    A statement that the applicant will actually operate and manage the teen dance club;

F.    A statement or confirmation that the premises comply with all zoning, building and other regulations of the city of Olympia; and

G.    Any other information deemed necessary by the director.

(Ord. 4764 §5, 1987).

9.16.150 Teen dance club –License permit issuance

A.    Upon receipt of an application for a teen dance club license, the director shall refer the application to the police chief for a criminal background check of the applicant. The license shall be issued unless:

1.    The applicant or any of its officers or partners has been convicted within the past five years of any crime involving improper conduct toward minors, any crime involving use or possession of controlled substances or any sex offenses;

2.    The premises for which the license is sought does not comply with the zoning, building or other regulations of the city; or

3.    The applicant has not submitted the required fee therefor.

B.    Any permits so issued shall be conspicuously posted in the premises for which the teen dance club license is sought. The license shall be effective for the calendar year for which it was issued.

(Ord. 4764 §6, 1987).

9.16.160 Teen dance club –License suspension or revocation

A.    Any license issued hereunder may be suspended or revoked upon a finding by the director of any of the following:

1.    The applicant has failed to disclose a material fact or has given any false statement or information in the application which bears on its issuance;

2.    The applicant, or any officer or partner thereof, has committed any crimes or act since the issuance of the license which would have been grounds for a denial thereof;

3.    There has occurred upon the dance hall premises repeated violations of Chapter 9.24 of the Olympia Municipal Code (offenses against public decency);

4.    There has been repeatedly occurred upon the premises of the licensed teen dance club the possession, consumption or supplying of liquor, as defined in RCW 66.04.010(15) by or to persons under the age of twenty-one years;

5.    There has repeatedly occurred on the premises of the teen dance club the possession, supplying or use by any person of marijuana, cocaine, or any other controlled substance as defined in RCW 69.50.101(D) not prescribed by a licensed physician for use by the person possessing, receiving or using the same;

6.    There has repeatedly occurred acts of vandalism, excessive noise, disturbance of the peace or public urination or defecation on the licensed premises or in the immediate vicinity thereof by persons patronizing said licensed teen dance club; or

7.    If there repeatedly occurs any violation of Section 9.16.170 of this chapter.

B.    Any person aggrieved by a suspension, vacation or, denial of a teen dance club license shall be entitled to a review hearing before the city manager prior to the effective date of said suspension or revocation. Notice of an intended suspension or revocation and the reasons therefor shall be sent to the applicant or his/her agent, officers or partners at least ten days prior to the intended suspension or revocation period. The notice shall inform the applicant/agent, officer or partner of his/her right to a hearing, upon request therefor, prior to the date of suspension or revocation.

(Ord. 4764 §7, 1987).

9.16.170 Teen dance club –Regulations

No person conducting or operating a teen dance club shall permit any person, other than an employee, to leave that area of the dance club for which an admission fee is charged and return thereto unless the person pays a readmission fee equal to, or greater than, one-half of the original price of the original price of admission.

(Ord. 4764 §8, 1978).

9.16.180 Pedestrian interference

A.    A person is guilty of pedestrian interference if, in a public place, he or she:

1.    Obstructs pedestrian or vehicular traffic; or

2.    Aggressively panhandles; or

3.    Panhandles within twenty-five (25) feet of an Automated Teller Machine (ATM) or parking pay station. The measurement shall be a straight line without regard to intervening structures or objects from the nearest part of the ATM or parking pay station.

B.    The following definitions apply in this section:

1.    "Aggressively panhandles" means to, in a public place, solicit anything of value and intentionally engage in conduct that would likely intimidate a reasonable person, including but not limited to touching, following, persistently soliciting anything of value after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving anything of value.

2.    "Downtown Commercial Zone" means the area depicted in Figure 1, attached hereto and incorporated herein, showing the areas within the City of Olympia in which conduct is prohibited under subsections B.3.b and B.3.c of this section.

Figure 1

3.    "Obstruct pedestrian or vehicular traffic" means to:

a.    In a public place, intentionally walk, stand, sit, lie, grasp a person, or place an object in such a manner as to obstruct or impede, or tending to obstruct or impede, the free passage of any person or vehicle, or to require another person or a driver of a vehicle to take action to avoid physical contact; or

b.    at any time vend on any sidewalk, street or alley within the Downtown Commercial Zone as depicted in Figure 1 of this section; or

c.    between the hours of 7 a.m. and 12 a.m., sit or lie on any sidewalk, street or alley within the Downtown Commercial Zone as depicted in Figure 1 of this section. A culpable mental state is not required, and need not be proven, for an offense as defined under this subsection. No person shall be cited under this subsection unless the person engages in conduct prohibited by this subsection after having been notified by a law enforcement officer that the conduct violates this subsection.

4.    Acts committed as a valid exercise of one’s constitutional rights, which incidentally interfere with pedestrian or vehicular traffic in order to exercise that right, do not constitute obstruction of pedestrian or vehicular traffic. This provision does not create an element of any offense described in this section.

5.    Affirmative Defenses. It is an affirmative defense under subsections B.3.b and B.3.c, that the defendant must prove by a preponderance of the evidence, that the defendant was:

(i)    Sitting or lying down on a publicly-owned sidewalk or alley due to a medical emergency;

(ii)    Utilizing, as the result of a disability, a wheelchair, walker, or similar device to move about on the publicly-owned sidewalk or alley;

(iii)    Operating or patronizing a commercial establishment conducted on any sidewalk, street or alley pursuant to a street use permit;

(iv)    Vending, sitting or lying down on any sidewalk, street or alley within any portion of the Downtown Commercial Zone where such conduct is approved by the City as part of participation in or attendance at a parade, festival, rally, or demonstration; provided, however, that this defense shall not be available to a defendant refusing to obey a reasonable request or order by a police officer to move to prevent obstruction of a public street, alley, sidewalk or building or entrance or doorway into or out of a building open to the public, or to maintain public safety by dispersing those gathered in dangerous proximity to a fire or hazard;

(v)    Sitting on a chair or bench supplied by a public agency or by the abutting private property owner or lessee for that purpose, pursuant to a temporary street use or other applicable permit or authorization if required;

(vi)    Sitting or standing on a publicly-owned sidewalk within a bus stop zone while waiting for public or private transportation;

(vii)     Waiting in a line to purchase tickets to or attend a performance or public event, or to gain entry to a business adjacent to the publicly-owned sidewalk or alley;

Provided, however, that nothing in any of these affirmative defenses shall be construed to permit any conduct which is prohibited by OMC 9.16.180.B.3.a.

6.    "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public including places that serve food or drink or provide entertainment, in the doorways and entrances to buildings or dwellings and the grounds enclosing them.

7.    "Sit or Lie" means to sit or lie directly upon a sidewalk, street, or alley, or to sit or lie down upon any blanket, sleeping bag, bedroll, tarpaulin, cardboard, or any other similar object placed upon the sidewalk, street or alley.

8.    "Vend" means to offer for sale, whether orally or through the use of written or printed media, any item of value to another person.

9.    "Panhandling" is any solicitation made in person, requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is, in substance, a donation, is a donation for the purpose of this chapter. Offers to work for food or other compensation, under circumstances where a reasonable person would understand that the compensation given is, in substance, a donation, is also a donation for the purposes of this chapter.

10.    "Automated Teller Machine (ATM)" means a device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan documents.

11.    "Parking pay station" is a city-owned pay kiosk for multiple parking spaces that issues a printed receipt. See OMC 10.16.095.

(Ord. 6826 §2, 2012; Ord. 6749 §1, 2011; Ord. 6461 §1, 2007; Ord. 6456 §1, 2007; Ord. 6205 §1, 2002; Ord. 5375 §1, 1993).