Chapter 9.08


9.08.010    Disorderly conduct.

9.08.020    Urinating or defecating in public.

9.08.030    Prostitution loitering.

9.08.010 Disorderly conduct.

A. A person is guilty of disorderly conduct if he:

1. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or

2. Assembles with three or more persons and attempts, instigates, aids or carries out any conduct with those persons that tends toward a breach of the peace or injury to persons, or substantial harm to property; provided, that prior to making arrests an order to disperse be given and a reasonable time allowed for such dispersion; provided, further, that “conduct” shall not be construed to mean the exercise of one’s constitutional rights to legally protest; or

3. Fails or refuses to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law; or

4. Intentionally creates a risk of assault through the use of abusive language; or

5. Intentionally uses profane, offensive or indecent language or engages in any quarrel in any public conveyance so as to unreasonably disturb others, or interferes with or annoys any passenger therein so as to unreasonably disturb them or others; or, having refused to pay the proper fare, shall fail to leave any such conveyance upon demand; or, with intent to avoid payment of fare, shall ride upon any car or engine not commonly used for carriage of passengers; or

6. Intentionally obstructs vehicular or pedestrian traffic without lawful authority.

B. Disorderly conduct is a misdemeanor. (Ord. 1444 § 1, 2012).

9.08.020 Urinating or defecating in public.

A. A person is guilty of urinating or defecating in public if the person 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.

B. Urinating or defecating in public is a misdemeanor. (Ord. 1452 § 2, 2013).

9.08.030 Prostitution loitering.

A. As used in this section:

1. “Commit prostitution” means to engage in sexual conduct for money but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.

2. “Known prostitute or procurer” means a person who, within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of an offense involving prostitution.

3. “Public place” is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which service food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

B. A person is guilty of prostitution loitering if he or she remains in a public place and intentionally solicits, induces, entices, or procures another to commit prostitution. Prostitution loitering is a gross misdemeanor.

C. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she:

1. Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation; or

2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or

3. Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; or

4. Is a known prostitute or procurer; or

5. Inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer. (Ord. 1452 § 2, 2013).