Chapter 22.05
MISCELLANEOUS CRIMES*

Sections:

22.05.010    Animals – Injury to.

22.05.015    Use of weapons within the City limits.

22.05.020    Controlled substances – Nuisance.

22.05.030    Disorderly conduct.

22.05.040    Disruption of school activities.

22.05.060    Shooting within the City limits.

22.05.070    Throwing objects at moving vehicles.

22.05.080    Unlawful use of air guns – Penalty.

22.05.090    Urinating in public.

22.05.100    Vehicles resembling police or fire vehicles.

22.05.110    Pedestrian interference.

22.05.120    Crimes not specifically referenced.

*For penalty and other related provisions, see SMC 9.05.010 through 9.05.070.

22.05.010 Animals – Injury to.

Any person who willfully and without authority in law kills, maims or disfigures an animal belonging to another, or exposes any poisons or noxious substance with intent that it should be taken by such animal, is guilty of a misdemeanor. (Ord. O2000-52 § 16)

22.05.015 Use of weapons within the City limits.

(1) Purpose. The purpose of this section is to protect humans, domestic animals and property from the likelihood of jeopardy resulting from the use of weapons and traps to kill, catch or injure wild animals or birds within the corporate limits of the City. It is the further intent of this section to provide for habitat for wild animals and wild birds on publicly owned property within the City.

(2) Definitions. For purposes of this section, the following words and phrases shall have the meaning hereafter set forth:

(a) “Use a weapon” shall mean any effort to kill, injure, or harass a wild animal or wild bird by means of firearms, bow and arrow, and any other object or device designed or intended to inflict injury, bodily harm, or death.

(b) “Trap” (and its derivatives) shall mean a method of using an object or device to capture wild animals or birds.

(c) “Wild animal” shall mean any of those species of the class Mammilla whose members exist in Washington in a wild state. The term “wild animal” shall not include feral domestic animals, moles, mice or rats.

(d) Wild bird” shall mean any of those species whose members exist in Washington in a wild state.

(3) Prohibited Activities.

(a) It shall be unlawful for any person to willfully use a weapon against any wild animal or wild bird, or to trap, capture or disturb any wild animal or wild bird, or to take the eggs or nests of any such bird in the City, subject to the provisions of subsections (3)(b), (c) and (d) of this section.

(b) The City council may by resolution from time to time designate areas, times and conditions for hunting within the City.

(c) The provisions of this section shall not apply to law enforcement officers or personnel of the Washington Department of Fish and Wildlife while engaged in the performance of their official duties.

(d) The provisions of this section shall not affect or apply to the following:

(i) The use of bow and arrows with due consideration for the safety of people, property and animals:

(A) At a City-licensed or permitted archery range or meet;

(B) Upon and within the private property of the user;

(C) Upon and within the private property of another with the property owner’s express permission; or

(ii) Live trapping of a wild animal or wild bird for purposes of transferring it for release in a suitable habitat; or

(iii) The human destruction of a dangerous animal or an animal or bird suffering from serious injury or disease.

(4) Penalties.

(a) Each person convicted of a violation of this chapter shall be guilty of a misdemeanor upon first conviction, and upon a second or subsequent conviction shall be guilty of a gross misdemeanor.

(b) Each individual animal or bird unlawfully hunted, taken or possessed in violation of this chapter shall constitute a separate offense. (Ord. O2005-168 § 1; Ord. O2004-166 § 1)

22.05.020 Controlled substances – Nuisance.

The distribution or possession for the purpose of sale, exhibition or display, in any place of business from which minors are not excluded as set forth in this code, of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is declared to be a public nuisance and may be abated by the City. This remedy shall be in addition to any other remedy provided by the law including the penalty provision applicable for violation of the terms and provisions of this code. (Ord. O2000-52 § 20)

22.05.030 Disorderly conduct.

Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:

(1) Uses abusive language and thereby intentionally creates a risk of assault;

(2) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;

(3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority;

(4) Intentionally and without lawful authority makes noise which unreasonably disturbs another;

(5) Intentionally engages in any conduct which tends to or does disturb the public peace, provides disorder, or endangers the safety of others; or

(6) Fights by agreement, except as part of an organized athletic event. (Ord. O2000-52 § 23)

22.05.040 Disruption of school activities.

(1) Any person who enters or remains in any school building, classroom or upon any school ground, street, sidewalk or public way adjacent thereto, and intentionally causes disruption of the activities of the school is guilty of a gross misdemeanor.

(2) As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. (Ord. O2000-52 § 24)

22.05.060 Shooting within the City limits.

Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor; provided, however, that the provisions of this section do not apply to a person acting in self defense; engaged in military activities sponsored by the federal or state governments, while engaged in official duties; law enforcement personnel; security personnel while engaged in official duties; or a person utilizing a properly licensed institutional, membership, and/or commercial shooting range. (Ord. O2000-52 § 31)

22.05.070 Throwing objects at moving vehicles.

Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing, or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a gross misdemeanor. (Ord. O2000-52 § 51)

22.05.080 Unlawful use of air guns – Penalty.

(1) Any person who points or shoots an air gun at any person or at the property of another, or who aims or discharges such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another, is guilty of a misdemeanor and, in addition to any other punishment imposed, the court shall order the weapon to be confiscated and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons.

(2) “Air gun” shall mean any air gun, air pistol, air rifle, BB gun and toy or other guns designed or modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substances, a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals. (Ord. O2000-52 § 54)

22.05.090 Urinating in public.

Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent charges, the person shall be guilty of a misdemeanor. (Ord. O2000-52 § 55)

22.05.100 Vehicles resembling police or fire vehicles.

Any person who operates a motor vehicle painted and exhibiting decals, numbers, name, insignia, or other objects which simulate a City or county police or fire department vehicle, or City

vehicle, without prior authorization from the police chief, fire chief, City manager, or their designees is guilty of a misdemeanor. (Ord. O2000-52 § 56)

22.05.110 Pedestrian interference.

(1) As used in this section, the following definitions apply:

(a) “Aggressively beg” means to beg with the intent to intimidate another person into giving money or goods.

(b) “Intimidate” means to engage in conduct that would make a reasonable person fearful or feel compelled.

(c) “Beg” means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

(d) “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contract. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued by the City, shall not constitute obstruction of pedestrian or vehicular traffic.

(e) “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 those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(2) A person is guilty of pedestrian interference if, in a public place, he or she intentionally obstructs pedestrian or vehicular traffic or aggressively begs. Pedestrian interference is a misdemeanor. (Ord. O2000-52 § 61)

22.05.120 Crimes not specifically referenced.

Any act or omission defined as a misdemeanor or gross misdemeanor in state law and not specifically identified in this chapter is also adopted by reference. (Ord. O2000-52 § 66)