Chapter 9.08
OFFENSES AGAINST PUBLIC OFFICERS AND GOVERNMENT
Sections:
Article I. Resisting Arrest and Aiding Escape
9.08.010 Resisting arrest and aiding escape.
Article II. Fire Alarms and Equipment
9.08.020 Interference with fire equipment.
9.08.030 False alarms.
9.08.040 Testing alarm systems.
9.08.050 Violation – Penalty.
Article III. Burglary or Robbery Alarms
9.08.060 Definition.
9.08.070 False alarm prohibited.
9.08.080 Violation – Penalty.
9.08.090 Penalty for failure to pay fines.
Article IV. Trespass on School Property
9.08.100 Definitions.
9.08.110 Prohibited acts.
9.08.120 Posting of notices.
9.08.130 Violation – Penalty.
Article V. Offenses Against School Personnel
9.08.140 Abuse or insulting of teachers.
9.08.150 Disobeying school enforcement personnel.
9.08.160 Violation – Penalty.
Article VI. Tampering with Water System
9.08.170 Prohibited acts.
9.08.180 Violation – Penalty.
Article I. Resisting Arrest and Aiding Escape
9.08.010 Resisting arrest and aiding escape.
A. Any person who shall resist any police officer, marshal or deputy marshal in the discharge of his duty, or shall refuse upon request to assist such officer in the discharge of his duties or who shall aid or assist any person or persons in the custody of such officer to escape from such custody, shall be guilty of a misdemeanor.
B. Any person failing to comply or violating any provision of this section or who is convicted of having committed a misdemeanor, unless otherwise provided, shall be punished by a fine of not more than $100.00 or by imprisonment in the city jail for not more than 30 days or both such fine and imprisonment. (Ord. 402 §§ 2, 18, 1975)
Article II. Fire Alarms and Equipment
9.08.020 Interference with fire equipment.
Any person or persons who wilfully and without cause tampers with, molests, injures or breaks any public or private fire alarm apparatus, emergency phone, radio or other wire or signal, or any firefighting equipment shall be guilty of a misdemeanor. (Ord. 400 § 1, 1974)
9.08.030 False alarms.
Any person or persons who wilfully, or without reasonable grounds for believing a fire exists, sounds or attempts to sound the fire alarm, or sends, gives, transmits or sounds any false alarm of a fire, by shouting in a public place, or by means of any public or private alarm system or signal, or by telephone is guilty of a misdemeanor. (Ord. 400 § 2, 1974)
9.08.040 Testing alarm systems.
This article shall not prohibit the testing of any fire alarm system by persons authorized to do so by the fire department or a state fire marshal official. (Ord. 400 § 3, 1974)
9.08.050 Violation – Penalty.
Any person found guilty of violating the provisions of this article shall be punished by a fine not to exceed $100.00 or imprisonment in the city jail for not more than 30 days or both such fine and imprisonment. (Ord. 400 § 4, 1974)
Article III. Burglary or Robbery Alarms
9.08.060 Definition.
For the purposes of this article, the term “false alarm” means the activation of a burglary and/or robbery alarm by other than forced entry or attempted forced entry to the premises at a time when no burglary or robbery is being committed or attempted on the premises. (Ord. 504A § 1, 1983)
9.08.070 False alarm prohibited.
The causing or activation of a false alarm within the city is prohibited. Any person in violation of this article shall be subject to the penalties set out in ZMC 9.08.080. (Ord. 504A § 2, 1983)
9.08.080 Violation – Penalty.
For a police response to any false alarm, the chief of police shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him, fees as follows:
A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” no fee shall be charged, but the person having or maintaining such burglary and/or robbery alarm shall, within three working days after notice to do so, make a written report to the chief of police, or his designee, on forms prescribed by him, setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized serviceman, and such other information as the chief of police or his designee may reasonably require to determine the cause of such false alarm and corrective action necessary.
B. For the second response to premises within six months after a first response, no fee shall be charged, but a written report shall be required as for a first response and the chief of police or his designee shall be authorized to inspect or cause to be inspected the alarm system at such premises, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system of the conditions and requirements of this section.
C. For the third response to premises within six months after a first response, a fee of $25.00 shall be charged, and written report shall be required as for a first response and the chief of police or his designee shall be authorized to inspect or cause to be inspected the alarm system at such premises, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system of the conditions and requirements of this section.
D. For a fourth response to premises within six months of the first response, a fee of $50.00 shall be charged. For each false alarm in excess of four within six months of the first response, a fee of $100.00 shall be charged. If such fourth false alarm or any such succeeding false alarm is as a result of failure to take necessary corrective action described by the chief of police or his designee, the chief of police may order the disconnection of such alarm system until such corrective action is taken; provided, that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation. (Ord. 504A § 3, 1983)
9.08.090 Penalty for failure to pay fines.
Any person who fails to pay the fees charged to him as set forth in ZMC 9.08.080 or who fails to file the written reports required in ZMC 9.08.080 shall be guilty of a misdemeanor and upon conviction shall be required to pay in addition to such fees a fine up to $500.00. (Ord. 504A § 4, 1983)
Article IV. Trespass on School Property
9.08.100 Definitions.
The following definitions shall be applicable within this article:
A. “Actual attendance at an event” means being inside school-owned property for events authorized and sanctioned by the school district administration, regardless of whether there is a charge for such admittance or not.
B. “Recreational area” means those certain portions of school property which have been established by the Zillah School District for use by any person in nonschool hours for recreational activities including, but not limited to, basketball, volleyball, baseball, softball, football and soccer.
C. “School property” means that property which is owned by the Zillah School District.
D. “Student” means any person of school age duly enrolled in the Zillah School District and who is not currently under suspension from attendance at classes of said school district. (Ord. 515 § 1, 1984)
9.08.110 Prohibited acts.
It is unlawful for any person to trespass upon and/or remain upon school property which the Zillah School District has posted in accordance with ZMC 9.08.120 prohibiting unauthorized entry thereupon; provided, however, this article shall not apply to any student upon the school property at which he or she is assigned one-half hour before and one-half hour after the beginning or conclusion of official school hours, and shall not apply to any person in actual attendance at an event. (Ord. 515 § 2, 1984)
9.08.120 Posting of notices.
In order that this article may be enforced, the school district authorities must post notices as follows:
A. For any school property other than recreational areas, which school district authorities wish to prohibit all unlawful entry or remaining thereupon, said school district authorities must post conspicuous notices which notices shall provide that any person unlawfully entering upon or remaining upon this school property is in violation of this article, and upon conviction thereof, shall be guilty of a misdemeanor.
B. For those areas of the school property designated as recreational areas, the school district authorities shall post conspicuous notices which shall state that lawful recreational activities may be conducted within this recreational area between the hours of 9:00 a.m. to sunset, and that entry upon or remaining upon the school property at any other time is prohibited and is in violation of this article and upon conviction thereof shall be guilty of a misdemeanor. (Ord. 515 § 3, 1984)
9.08.130 Violation – Penalty.
Any person who shall violate any provision of this article shall be guilty of a misdemeanor, and upon conviction thereof may be fined in an amount not to exceed $500.00, or be imprisoned in jail an amount of time not to exceed six months, or both such fine and imprisonment. (Ord. 515 § 4, 1984)
Article V. Offenses Against School Personnel
9.08.140 Abuse or insulting of teachers.
It is unlawful for any person to insult or abuse a teacher anywhere upon school premises while such teacher is carrying out his or her official duties; provided, however, this section shall not apply to students in lawful attendance at said school. (Ord. 517 § 1, 1984)
9.08.150 Disobeying school enforcement personnel.
It is unlawful for any person to refuse to leave school property or public property immediately adjacent to school property when ordered to do so by a law enforcement officer if such person is engaging in conduct which creates a substantial risk of causing injury to any person or property or when such person is engaging in conduct disruptive to normal school activities, or if the law enforcement officer reasonably believes that such person ordered to leave is under the influence of alcohol or other drugs. (Ord. 517 § 2, 1984)
9.08.160 Violation – Penalty.
Any person who shall violate any provision of this article shall be guilty of a misdemeanor and on conviction thereof may be fined in an amount not more than $500.00, or confined in jail an amount of time not to exceed six months, or both such fine and imprisonment. (Ord. 517 § 3, 1984)
Article VI. Tampering with Water System
9.08.170 Prohibited acts.
It is unlawful for any person or persons to cut, alter, injure, remove, disconnect, tap or connect with or in any manner interfere, meddle or tamper with any water main, pipe, meter, stop cock, hydrant, pump or any other water conduit owned, operated or used by the city or by any private owner, except upon the permission in writing of the light, water and sewer committee of the council of the city or of such private owner. (Ord. 54 § 1, 1915)
9.08.180 Violation – Penalty.
Any person violating this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five nor more than $100.00 together with the costs of prosecution, or by imprisonment in the city jail for any period not exceeding 30 days, or by both such fine and imprisonment within the discretion of the court. (Ord. 54 § 2, 1915)