Chapter 9.20
OFFENSES AGAINST THE PUBLIC PEACE

Sections:

9.20.010    Disturbing assemblies or meetings.

9.20.020    Unlawful assembly.

9.20.030    Failure to disperse.

9.20.040    Refusal to pay fare.

9.20.045    Alcohol offense.

9.20.050    Disorderly conduct.

9.20.055    Disorderly conduct – Second degree.

9.20.060    Disruption of school activities.

9.20.070    False reporting.

9.20.080    Public nuisance – Places and acts designated.

9.20.090    Public nuisance – Unequal effect immaterial.

9.20.100    Public nuisance – Misdemeanor.

9.20.110    Public nuisance – Abatement.

9.20.120    Deposit of unwholesome substance – Noisome or detrimental business – Pollution of bodies of water.

9.20.130    Harassment and stalking.

9.20.132    Harassment – Second degree.

9.20.135    Cyberstalking.

9.20.140    Hunting.

9.20.010 Disturbing assemblies or meetings.

Every person who, without authority of law, willfully disturbs any assembly or meeting not unlawful in its character, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.04.010)

9.20.020 Unlawful assembly.

Whenever three or more persons assemble with intent:

A. To commit any unlawful act by force; or

B. To carry out any purpose in such manner as to disturb the public peace; or

C. Being assembled, to attempt or threaten any act tending toward a breach of the peace or an injury to persons or property or any unlawful act; such an assembly is unlawful, and every person participating therein by his presence, aid or instigation is guilty of a gross misdemeanor; provided, that prior to making arrests, an order to disperse is given, and a reasonable time is allowed for such dispersion. (Ord. 1558 § 1, 1980; prior code § 6.04.020)

9.20.030 Failure to disperse.

A. Every person who refuses or intentionally fails to disperse or refrain from activity which creates a risk of causing injury to any person or property is guilty of a misdemeanor; provided, that prior to making arrests an order to disperse was given by a law enforcement officer and a reasonable time was allowed for dispersion.

B. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media unless he is physically obstructing lawful efforts by such officer to disperse the parties. (Ord. 1558 § 1, 1980; prior code § 6.04.030)

9.20.040 Refusal to pay fare.

It is unlawful for a person to:

A. Refuse to pay proper fare in a public conveyance.

B. Refusal to pay fare is a misdemeanor. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.04.040)

9.20.045 Alcohol offense.

It is unlawful for a person to:

A. Open or drink any intoxicating liquor in a public conveyance or place open to the public not previously authorized by law; or

B. Sell any liquor to any person apparently under the influence of liquor;

C. Alcohol offenses are misdemeanors. (Ord. 2846 § 2 (Exh. A), 2014)

9.20.050 Disorderly conduct.

A person is guilty of the misdemeanor of disorderly conduct if that person:

A. Uses abusive or provocative language and thereby intentionally creates a risk of assault; or

B. Causes, encourages, provokes, or engages in any fight or brawl; or

C. Makes or causes to be made any noise, or commits an act, which unreasonably disrupts the peace, comfort and repose of others, or permits such public disturbance to be made in any residence or business under his or her charge or control. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1922 § 1, 1989; Ord. 1558 § 1, 1980; prior code § 6.04.050)

9.20.055 Disorderly conduct – Second degree.

A person is guilty of disorderly conduct in the second degree if the person engages in acts manifesting the crime of disorderly conduct (BMC 9.20.050), but there are mitigating circumstances explaining the person’s actions, but which do not constitute a full legal defense to their actions. A violation of this section shall be a civil infraction and shall subject the violator to a fine of up to $1,000, plus any statutory or local assessments and costs. (Ord. 2814 § 2 (Exh. A), 2012)

9.20.060 Disruption of school activities.

A. A person is guilty of disruption of school activities if he comes into or remains in any school building, school bus, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto, and intentionally causes undue disruption of the activities of the school or to the comfort of the people licensed to be there.

B. As used in this section, “school” has its ordinary meaning and also includes public and private pre-schools, universities, colleges, community colleges and institutions of higher education.

C. Disruption of school activities is a misdemeanor. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.04.060)

9.20.070 False reporting.

A. A person is guilty of false reporting if, with knowledge that the information reported, conveyed or circulated is false, he initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe or emergency, knowing that such false report is likely to cause evacuation of a building, place of assembly or transportation facility, or to cause public inconvenience or alarm.

B. False reporting is a misdemeanor. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.04.080)

9.20.080 Public nuisance – Places and acts designated.

A public nuisance is a crime against the order and economy of the state.

A. It is a public nuisance to maintain a place:

1. Wherein any fighting between men, women or animals or birds is conducted; or

2. Wherein any intoxicating liquors, or illegal drugs, are kept for unlawful use, sale or distribution; or

3. Where vagrants resort.

B. Every act and every omission to perform a duty is a public nuisance, where said act or omission:

1. Annoys, injures or endangers the safety, health, comfort or repose of any persons; or

2. Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage a lake, navigable river, bay, stream, canal or basin or a public park, square, street, alley or highway; or

3. Offends public decency; or

4. In any way renders a considerable number of persons insecure in life or the use of property. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 2363 § 3, 1998; Ord. 1558 § 1, 1980; prior code § 6.04.090)

9.20.090 Public nuisance – Unequal effect immaterial.

An act which affects a considerable number of persons in any of the ways specified in BMC 9.20.080 is no less a public nuisance because the extent of the damage is unequal. (Ord. 1558 § 1, 1980; prior code § 6.04.100)

9.20.100 Public nuisance – Misdemeanor.

Every person who commits or maintains a public nuisance, for which no special punishment is prescribed, or who willfully omits or refuses to perform any legal duty relating to the removal of such nuisance, and every person who lets, or permits to be used, any building or boat or portion thereof, knowing that it is intended to be or is being used for committing or maintaining any such nuisance, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.04.110)

9.20.110 Public nuisance – Abatement.

Any court or magistrate before whom there may be pending any proceeding for a violation of BMC 9.20.100 shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the chief at the cost of the defendant; provided, that if the conviction was had in a justice court, the justice of the peace shall not issue the order and warrant of abatement, but on application thereof, shall transfer the cause to the superior court, which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein. (Ord. 1558 § 1, 1980; prior code § 6.04.120)

9.20.120 Deposit of unwholesome substance – Noisome or detrimental business – Pollution of bodies of water.*

Every person who deposits, leaves or keeps, on or near a highway, drainage system or route of public travel, on land or water, any unwholesome substance, including but not limited to substances normally contained by a septic or sewage system, and poisonous, explosive or radioactive substances; or who establishes, maintains or carries on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is noisome or detrimental to the public health; or who deposits or casts into any lake, creek, river or artificial public drainage system without lawful authority, wholly or partly in this state, the excrement, offal or the dead body of an animal or human, is guilty of a misdemeanor. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.04.130)

*    For other provisions within this chapter on the pollution of bodies of water, see BMC 9.20.080.

9.20.130 Harassment and stalking.

Chapter 9A.46 RCW, as drafted and amended, is adopted by reference into the Blaine Municipal Code. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 2157 § 1, 1994)

9.20.132 Harassment – Second degree.

A person is guilty of the misdemeanor of harassment in the second degree if, without lawful authority, the person knowingly:

A. Disturbs the reasonable repose, privacy and comfort of another person in public after being asked to refrain; or

B. Makes multiple telephonic, electronic or analogous contacts with another person within a 24-hour period after being asked to refrain. (Ord. 2846 § 2 (Exh. A), 2014)

9.20.135 Cyberstalking.

A. A person is guilty of the gross misdemeanor of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party:

1. Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;

2. Anonymously or repeatedly whether or not conversation occurs; or

3. Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.

B. Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.

C. For purposes of this section, “electronic communication” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic communication” includes, but is not limited to, electronic mail, Internet-based communications, pager service, and electronic text messaging. (Ord. 2846 § 2 (Exh. A), 2014)

9.20.140 Hunting.

A. Except as otherwise provided, it shall be unlawful to hunt within the city limits. The term “to hunt” shall be defined as provided in RCW 77.08.010 and shall include any effort to kill, injure, capture, or harass a wild animal or wild bird. Violations of this section shall be a misdemeanor. Subsequent violations shall be gross misdemeanors.

B. Council shall have authority to authorize specific forms of hunting in designated areas of the city by resolution. Any such action shall require a finding that such activity does not constitute a nuisance or danger to public safety. Any such authorized hunting shall be limited to persons on private property with the written authority of the property owner.

C. Nothing in this section shall be construed to supersede any provisions contained in RCW Title 77 or any provision of the Washington Administrative Code. (Ord. 2460 § 1, 2000)