Chapter 6.45
HARASSMENT CRIMES
Sections:
6.45.015 Harassment crimes.
6.45.025 Unlawful bus conduct—Harassment—Penalties.
6.45.040 Willful violation of antiharassment or protection order.
6.45.100 Custodial interference in the second degree.
6.45.015 Harassment crimes.
The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:
RCW
9A.46.020 Definition—Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon person charged with crime—Violation.
9A.46.050 Arraignment—No contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact—Violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 “Convicted,” time when.
9A.46.110 Stalking.
9A.46.910 Severability—1985 c 288.
9.61.230 Telephone harassment.
9.61.250 Telephone harassment—Offense, where deemed committed.
9.61.260 Cyberstalking.
(Ord. 2010-41 § 2, 2010).
6.45.025 Unlawful bus conduct—Harassment—Penalties.
(1) A person is guilty of unlawful bus conduct if while on or in a municipal transit vehicle as defined by RCW 46.04.355 or in or at a municipal transit station and with knowledge that such conduct is prohibited, he or she:
(a) Except while in or at a municipal transit station, smokes or carries a lighted or smoldering pipe, cigar, or cigarette;
(b) Discards litter other than in a designated receptacle;
(c) Plays any radio, recorder, or other sound-producing equipment except that nothing herein shall prohibit the use of such equipment when connected to earphones that limit the sound to individual listeners or the use of communication device by an employee of the owner or operator of the municipal transit vehicle or municipal transit station;
(d) Spits or expectorates;
(e) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others except that nothing herein shall prevent a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law;
(f) Intentionally obstructs or impedes the flow of municipal transit vehicles or passenger traffic, hinders or prevents access to municipal transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services; or
(g) Intentionally disturbs others by engaging in loud, raucous, unruly, harmful, or harassing behavior.
(2) For the purposes of this section, “municipal transit station” means all facilities, structures, lands, interest in lands, air rights over lands, and rights-of-way of all kinds that are owned, leased, held, or used by a municipality as defined in RCW 35.58.272 for the purpose of providing public transportation services, including, but not limited to, park and ride lots, transit centers and tunnels, and bus shelters.
(3) It is unlawful for any person, group or assemblage of persons whose standing, remaining or being congregated upon a municipal transit station shall obstruct, prevent or interfere with the free and unobstructed use of such municipal transit station by other persons, to fail or refuse to move on or disperse upon being ordered so to do by any police officer of the city of Yakima.
(4) A violation of this section is a misdemeanor. In to any other penalty provided by law, the violator may be required to remain away from municipal transit stations and/or buses for a period of up to one year from the date of conviction. (Ord. 2003-15 § 1, 2003: Ord. 98-3 § 24, 1998).
6.45.040 Willful violation of antiharassment or protection order.
Any person who willfully disobeys any civil antiharassment protection order issued pursuant to RCW Chapter 10.14 shall be guilty of a gross misdemeanor. (Ord. 96-75 § 12 (part), 1996).
6.45.100 Custodial interference in the second degree.
A. A relative of a person is guilty of custodial interference in the second degree if, with the intent to deny access to such person by a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains, or conceals the person from a parent, guardian, institution, agency or other person having a lawful right to physical custody of such person. This subsection shall not apply to a parent’s noncompliance with a court-ordered parenting plan.
B. A parent of a child is guilty of custodial interference in the second degree if:
(1) The parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a court-ordered parenting plan; or
(2) The parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3); or
(3) If the court finds that the parent has engaged in a pattern of wilful violations of the court-ordered residential provisions.
C. Nothing in (2) of this subsection prohibits conviction of custodial interference in the second degree under (1) or (3) of this subsection in absence of findings of contempt.
D. The first conviction of custodial interference in the second degree is a gross misdemeanor. (Ord. 98-3 § 27, 1998).