Chapter 6.04
PENAL CODE

Sections:

6.04.020    Assault.

6.04.025    Reckless endangerment.

6.04.030    Unsafe use of laser pointers.

6.04.050    Bail jumping.

6.04.070    Fighting in public place.

6.04.075    Fire plugs—Tampering.

6.04.080    Reckless burning.

6.04.100    Unlawful harboring of a minor.

6.04.180    Public disturbance noise.

6.04.185    Criminal impersonation.

6.04.215    Playing ball in streets.

6.04.230    Poultry at large.

6.04.235    Malicious injury to property.

6.04.240    Interfering with dog guide or service animal.

6.04.245    Property—Interference with intent to annoy.

6.04.250    Riotous conduct.

6.04.280    Stock at large.

6.04.290    Street signs—Injury or removal.

6.04.310    Placing of unprotected articles on windowsills.

6.04.325    Unauthorized communications with prisoners—Unauthorized transport of articles.

6.04.327    Escape.

6.04.360    Urinating or defecating in a public place.

6.04.435    Assembling for unlawful purpose—Conspiracy.

6.04.440    Bulletins—Defacing or removing.

6.04.465    Bill posting.

6.04.480    Mischievous missile throwing.

6.04.515    Trees—Injury to pavements, etc.

6.04.520    Trees—Interfering with travel.

6.04.525    Trees—Interfering with wires.

6.04.580    Savings clause.

6.04.585    Interpretation of chapter.

6.04.020 Assault.

A.    A person is guilty of assault when he: (1) intentionally touches or strikes another person in a manner that is harmful or offensive, regardless of whether any physical injury is done; or (2) intentionally places or attempts to place another person in fear or apprehension of bodily injury by: (a) any act or (b) any act and word or threat.

B.    Assault is a gross misdemeanor.

(Ord. 96-75 § 1, 1996: Ord. 94-22 § 3, 1994: Ord. 206, 1961: Ord. A-236 § 1(3), 1917).

6.04.025 Reckless endangerment.

A.    A person is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person.

B.    Reckless endangerment is a gross misdemeanor.

(Ord. 96-75 § 5, 1996).

6.04.030 Unsafe use of laser pointers.

Any person who intentionally points a laser pointer or laser gun sight at another person with intent to vex or annoy is guilty of a gross misdemeanor. (Ord. 99-35 § 2, 1999: Ord. 99-14 § 1, 1999).

6.04.050 Bail jumping.

A.    Any person having been released by court order or admitted to bail with knowledge of the requirement of a subsequent personal appearance before any court of this state, or of the requirement to report to a correctional facility for service of sentence, and who fails to appear or who fails to surrender for service of sentence as required is guilty of bail jumping.

B.    It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.

C.    Bail jumping is a misdemeanor if the person was held for, charged with, or convicted of a gross misdemeanor or misdemeanor. (Ord. 2004-15 § 2, 2004: Ord. 98-3 § 5, 1998).

6.04.070 Fighting in public place.

A.    Any person fighting or quarreling or encouraging others to fight in any public place in the city of Yakima is declared to be a disorderly person.

B.    Fighting in public is a misdemeanor.

(Ord. 94-22 § 8, 1994: Ord. A-236 § 1(13), 1917).

6.04.075 Fire plugs—Tampering.

Any person who opens, closes, changes or interferes with any fireplug or hydrant in the city of Yakima without authority so to do is declared to be a disorderly person. (Ord. A-236 § 1(14), 1917).

6.04.080 Reckless burning.

A.    A person is guilty of reckless burning if he knowingly causes a fire or explosion within the corporate limits of the city of Yakima, whether on his own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft, or watercraft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage.

B.    Reckless burning is a gross misdemeanor.

(Ord. 2004-15 § 3, 2004: Ord. A-236 § 1(15), 1917).

6.04.100 Unlawful harboring of a minor.

A.    A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent or the minor and after the person knows that the minor is away from the home of the parent, without the parent’s permission, and if the person intentionally:

1.    Fails to release the minor to a law enforcement officer after being requested to do so by the officer;

2.    Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location;

3.    Obstructs a law enforcement officer from taking the minor into custody; or

4.    Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

B.    It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

C.    Harboring a minor is punishable as a gross misdemeanor.

D.    Any person who provides shelter to a child, absent from home, may notify the department’s local community service office of the child’s presence. (Ord. 98-32 § 1, 1998).

6.04.180 Public disturbance noise.

A.    Findings and Declaration of Necessity. The causing, making or maintenance of noises which unreasonably disturb the comfort, peace and repose of others, or the allowing of such noises to emanate from property, are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the people of the city of Yakima. The necessity in the public interest for the provisions, controls and prohibitions of this section is declared to be a matter of legislative determination and public policy; and it is further declared that the provisions, controls and prohibitions of this section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city of Yakima and its inhabitants.

B.    Public Disturbance Noise. It is unlawful for any person to knowingly cause or make, or for any person in possession of property to knowingly cause, permit or allow to emanate therefrom any sound that is a public disturbance noise.

C.    Public Disturbance Noise Defined. A public disturbance noise is a sound which by its intensity, volume, frequency, duration or character unreasonably disturbs or interferes with the peace, comfort and repose of others.

D.    Specific Noises Prohibited. The following sounds are determined to be public disturbance noises in violation of this section; however, the following enumeration shall not be deemed to be exclusive:

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

2.    Engine Noises in Residential Areas. 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 area so as to unreasonably disturb or interfere with the peace, comfort and repose of residential occupants within the area;

3.    Yelling, Shouting, Etc. Loud and raucous yelling, shouting, hooting, whistling, or singing at a place so as to unreasonably disturb or interfere with the peace, comfort and repose of occupants of real property;

4.    Musical Instruments, Sound Systems, Etc. The creation or allowing of frequent, repetitive or continuous sounds which emanate from any building, structure, residence, apartment or condominium which unreasonably disturbs or interferes with the peace, comfort and repose of others, or which is plainly audible greater than fifty feet from the edge of the source’s property line, such as sounds from musical instruments, audio sound systems, television sounds, band sessions or social gatherings. Plainly audible means a sound easily understood or identified;

5.    Motor Vehicle Sound Systems. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be plainly audible greater than fifty feet from the vehicle itself. Plainly audible means a sound easily understood or identified;

6.    Portable Audio Equipment. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated on property open to the public at a volume so as to be plainly audible fifty feet or more from the source; however, if operated upon the property of the operator or other private property, at a volume so as to be plainly audible greater than fifty feet from the property. Plainly audible means a sound easily understood or identified.

E.    Disturbing Noise Factors. Included among the factors which may be considered in determining whether any sound is unreasonably disturbing, but not limited thereto are:

1.    Time of day;

2.    Whether the day is a weekday, Sunday or holiday;

3.    Nature and character of the sound;

4.    Volume of the sound;

5.    Duration of the sound;

6.    Frequency or continuity of the sound;

7.    Degree of necessity of the sound in relation to the activity producing or generating it;

8.    Degree of necessity of the activity producing or generating the sound in relation to the affected area;

9.    Legal character of the affected area; and

10.    Actual character of the affected area.

F.    Exemptions. The following sounds are exempt from the provisions of this chapter:

1.    Sounds originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations;

2.    Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device;

3.    Sounds created by the fire alarms;

4.    Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community;

5.    Sounds created by the discharge of firearms in the course of lawful hunting or lawful target practice activities;

6.    Sounds originating from forest harvesting and silviculture activity, and from commercial agriculture;

7.    Sounds created by auxiliary equipment on motor vehicles used for highway maintenance;

8.    Sounds created by off-highway vehicles while being used in officially designated off-road vehicle parks. Such off-road vehicles are nevertheless subject to the provisions of RCW 46.09;

9.    Sounds created by warning devices not operated continuously for more than thirty minutes per incident;

10.    Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by operating on the railroad;

11.    Sounds created by refuse removal equipment;

12.    Sounds originated from officially sanctioned parades and other public events;

13.    Sounds created by motor vehicles while being driven upon public highways. Such motor vehicles are nevertheless subject to the provisions of WAC Chapter 173-62;

14.    Sounds originating from motor vehicle racing events at authorized facilities;

15.    Sounds created by construction or lawn and garden equipment from six a.m. to ten p.m. weekdays and from eight a.m. to ten p.m. Sundays and legal holidays;

16.    Sounds created by lawfully established commercial and industrial uses;

17.    Sounds originating from regularly scheduled events at parks, such as public address systems for baseball games or park concerts; and

18.    Sounds permitted under noise and parade permits issued under the provision herein provided.

G.    Noise Permit and Parade Permit as Exceptions.

1.    Noise Permit. The office of code administration may grant a permit to make noise or perform acts otherwise controlled or prohibited by this section upon application by a person specifying the nature and extent of noise to be made or continued, or the act to be performed, upon a determination by the office of code administration that to deny the permit under the circumstances surrounding the making of the application would create an undue hardship upon the applicant and upon a further determination by the office of code administration that to grant the permit would not create an undue or prolonged hardship on others for whose benefit and protection the noise or act is prohibited by this section. Any permit so granted may contain conditions or requirements upon which it is granted as the office of code administration deems necessary to minimize the adverse effect upon the people of the community or surrounding neighborhood which may be affected by granting the permit, and the permit shall specify a reasonable time for which it is to be effective. In addition to the basis of undue hardship as a standard for granting such a permit, the office of code administration may grant such a permit upon his determination that:

(a)    The granting of the permit is necessary to allow applicant to modify his customary activities so as to comply with this section, if the office of code administration determines that such customary activity of applicant was not originally undertaken or performed under circumstances and in a manner evidencing a total disregard for the rights of others;

(b)    The activity, operation or noise source will be of a temporary duration and cannot reasonably be performed or controlled in such a manner so as to comply with the provisions of this section; or

(c)    The activity creating the noise constitutes a program of a temporary nature for the benefit of the entire municipality or for the benefit of a charitable purpose.

2.    Offenses. It is unlawful for any person to knowingly join or participate in any activity conducted in violation of any term of any permit granted by this chapter.

3.    Parade and Motorcade Permits. The provisions, controls and prohibitions of this section shall not apply to noise made and acts performed by bona fide participants in a parade or motorcade authorized by a permit issued pursuant to the provisions of Section 9.70.010 et seq.

H.    Public disturbance noise is a misdemeanor.

(Ord. 2004-15 § 4, 2004: Ord. 94-22 § 13, 1994; Ord. 3385 § 1, 1991: Ord. 2159 § 1, 1978; Ord. 1329 § 1, 1971: Ord. A-236 § 1(33), 1917).

6.04.185 Criminal impersonation.

A.    A person is guilty of criminal impersonation in the first degree if the person: (1) assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or (2) pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose.

B.    Criminal impersonation in the first degree is a gross misdemeanor.

C.    A person is guilty of criminal impersonation in the second degree if the person: (1) claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer; and (2) under circumstances not amounting to criminal impersonation in the first degree, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person is a law enforcement officer.

D.    Criminal impersonation in the second degree is a misdemeanor. (Ord. 94-22 § 14, 1994: Ord. A-236 § 1(34), 1917).

6.04.215 Playing ball in streets.

Any person who plays ball or throws or kicks any ball to and fro upon any street or avenue of the city of Yakima, is a disorderly person. (Ord. A-236 § 1(40), 1917).

6.04.230 Poultry at large.

Any person who, as owner of ducks, geese, turkeys, chickens or other poultry, permits the same to run at large in the city of Yakima, is declared to be a disorderly person. A violation of this section is a misdemeanor. (Ord. 94-22 § 15, 1994: Ord. A-236 § 1(43), 1917).

6.04.235 Malicious injury to property.

A.    A person is guilty of malicious injury to property if he:

(1)    Knowingly and maliciously causes physical damage to the property of another, public or private, under circumstances not amounting to malicious mischief in the first or second degree as defined by RCW 9A.48.070 and RCW 9A.48.080; or

(2)    Writes, paints or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree as defined by RCW 9A.48.070 and RCW 9A.48.080.

B.    (1) Malicious injury to property is a gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars; otherwise, it is a misdemeanor.

(2)    Malicious injury to property under subsection (A)(2) of this section is a gross misdemeanor. (Ord. 2001-30 § 1, 2001: Ord. 94-22 § 16, 1994: Ord. 857 § 1, 1966: Ord. B-218, 1937; Ord. A-236 § 1(44), 1917).

6.04.240 Interfering with dog guide or service animal.

1.    (a) Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except that for a second or subsequent offense it is a gross misdemeanor.

(b)    Any person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except that for a second or subsequent offense it is a gross misdemeanor.

2.    (a) Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor.

(b)    Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor.

3.    (a) In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense.

(b)    Restitution for a conviction under this section shall include, but is not limited to:

(i)    The value of the replacement of an incapacitated or deceased dog guide or service animal, the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal and all related veterinary and care expenses; and

(ii)    Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user.

(4)    Nothing in this section shall affect any civil remedies available for violation of this section.

(5)    For purposes of this section, the following definitions apply:

(a)    “Dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing-impaired persons.

(b)    “Service animal” means an animal that is trained for the purposes of assisting or accommodating a disabled person’s sensory, mental, or physical disability.

(c)    “Notice” means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior.

(d)    “Value” means the value to the dog guide or service animal user and does not refer to cost or fair market value. (Ord. 2002-41 § 1, 2002).

6.04.245 Property—Interference with intent to annoy.

Any person who, for the purpose of annoyance or mischief, places in any doorway or on any sidewalk, street or alley in the city, any box, barrel or other obstruction is declared to be a disorderly person. A violation of this section is a misdemeanor. (Ord. 94-22 § 17, 1994: Ord. A-236 § 1(46), 1917).

6.04.250 Riotous conduct.

Any person who by noisy, riotous or tumultuous conduct disturbs the quiet and peace of the city or of any lawful meeting or assemblage therein, is declared to be a disorderly person. (Ord. A-236 § 1(47), 1917).

6.04.280 Stock at large.

Any person owning or having the care of any horse, cattle, mules, sheep, goats, hogs or any other kind of livestock, who permits or suffers the same to go at large or stop to feed or graze on any street, alley or public square within the corporate limits of the city of Yakima, is declared to be a disorderly person. (Ord. A-236 § 1(53), 1917).

6.04.290 Street signs—Injury or removal.

Any person who removes, defaces, injures or destroys any street or traffic sign, or any sign erected or placed in or adjacent to any street, indicating the name of such street, is declared to be a disorderly person. (Ord. A-236 § 1(55), 1917).

6.04.310 Placing of unprotected articles on windowsills.

Any person who places or keeps on any windowsill, porch, or other projection above the first story of any building abutting on any sidewalk in the city of Yakima, any flowerpot, wooden box, pitcher or any other vessel or article which might do injury in falling on any person on the sidewalk in front of said building, unless the same is securely fastened or protected by screens or otherwise, in such manner as to prevent falling on the street, is declared to be a disorderly person. (Ord. A-236 § 1(60), 1917).

6.04.325 Unauthorized communications with prisoners—Unauthorized transport of articles.

A.    It is unlawful for any person, other than a police officer or a person authorized by the detention facility custodian, to verbally communicate with any prisoner in any city of Yakima or Yakima County detention facility, or to transport or cause to be transported into or out of such facility any writing, clothing, food or other article whatsoever.

B.    It is unlawful for any person to loiter in or about any city of Yakima or Yakima County detention facility for the purpose of engaging in any conduct prohibited by subsection A of this section. (Ord. 2069 § 1, 1977: Ord. B-507, 1941: Ord. A-236 § 1(61), 1917).

6.04.327 Escape.

A.    A person is guilty of escape if he escapes from custody.

B.    Escape is a gross misdemeanor. (Ord. 96-75 § 8, 1996).

6.04.360 Urinating or defecating in a public place.

A.    It is unlawful for any person to urinate or defecate in any public place or place open or available to the public, other than in a facility designed or provided for that purpose.

B.    Violation of this section shall be punishable by a fine of no more than two hundred and fifty dollars or by imprisonment in the city jail facility for not more than ten days or by both such fine and imprisonment. (Ord. 93-59 § 1, 1993: Ord. 3386 § 1, 1990).

6.04.435 Assembling for unlawful purpose—Conspiracy.

It is unlawful for any two or more persons to assemble together with intent to do any unlawful act or being assembled to mutually agree to do an unlawful act with force and violence against the property of the city or the person or property of another, or against the peace or to the terror of others. (Ord. A-236 § 5, 1917).

6.04.440 Bulletins—Defacing or removing.

It is unlawful for any person, not an officer or employee of the city of Yakima, to remove, or destroy, or tear down, or deface, either in whole or in part, or to mark or write upon, change, obliterate, or mar, or in any manner alter or change the writing, printing or signature, or any part of such writing, printing or signature, upon any bulletin, notice, poster, or paper writing of the city, which is by any employee or officer of the city, placed or posted upon the walls or other parts of any public building or public place, or upon any bulletin board or other place of the city, or upon or in any building owned by the city or occupied by it or any of its officers as a public building, or upon any bulletin board or in any such last-mentioned building or buildings. (Ord. A-236 § 6, 1917).

6.04.465 Bill posting.

It is unlawful for any person to post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device, calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, or any other portion or part of any public way or public place, or any lamp post, light, power, telegraph or telephone pole, or any hydrant, box or fixture of the fire alarm or police communication system, or other public structure or building, or on any private wall, fence, building or other private property without the consent of the owner or person in control thereof. (Ord. 954 § 1, 1967: Ord. B-64, 1934: Ord. A-236 § 11, 1917).

6.04.480 Mischievous missile throwing.

A.    It is unlawful for any person who willfully or maliciously throws any missile or any other object at, against or upon any house, building, structure, vehicle or car or any premises of any person with the intent to vex or annoy the owner or occupant thereof.

B.    Mischievous missile throwing is a misdemeanor. (Ord. 94-22 § 23, 1994: Ord. 93-58 § 4, 1993).

6.04.515 Trees—Injury to pavements, etc.

It is unlawful for the owner or occupant of any property in the city of Yakima to maintain or permit any tree or shrub, either on or in front of said property, the roots of which in any manner interfere with or cause the surface of the street or sidewalk to be upheaved or otherwise disturbed, or the roots of which in any manner interfere with, break, damage or destroy any water pipeline or sewer line. (Ord. B-1595, 1954; Ord. A-236 § 22, 1917).

6.04.520 Trees—Interfering with travel.

It is unlawful for the owner or occupant of any property in the city of Yakima to maintain or permit any tree or shrub, either on or in front of the said property, the lower limbs or any part of which project or are above the sidewalk or street at an elevation of less than eight feet. (Ord. A-236 § 23, 1917).

6.04.525 Trees—Interfering with wires.

It is unlawful for the owner or occupant of any property in the city of Yakima to maintain or permit any tree or shrub, either on or in front of the said property, in such manner as to interfere with any of the wires or conduits or other property of the city of Yakima. (Ord. A-236 § 24, 1917).

6.04.580 Savings clause.

Nothing in this chapter shall be deemed to affect any civil right or remedy existing at the time that it shall take effect by virtue of the provisions of any ordinance now in force. (Ord. A-236 § 34, 1917).

6.04.585 Interpretation of chapter.

Every provision of this chapter shall be construed to the full import of its terms. (Ord. A-236 § 35, 1917).