Chapter 9A.44
PUBLIC DISTURBANCES

Sections:

9A.44.010    DEFINITIONS.

9A.44.020    DISORDERLY CONDUCT.

9A.44.030    FAILURE TO DISPERSE.

9A.44.040    EXPECTORATING.

9A.44.050    MISCHIEF ON BRIDGES.

9A.44.060    UNLAWFUL TRANSIT CONDUCT.

9A.44.065    URINATING IN PUBLIC.

9A.44.070    INDECENT EXPOSURE.

9A.44.080    INTRODUCING CONTRABAND IN THE THIRD DEGREE.

9A.44.090    RIOT.

9A.44.100    LASERS.

9A.44.110    AGGRESSIVE BEGGING.

9A.44.120    PEDESTRIAN OR VEHICULAR INTERFERENCE.

9A.44.130    UNLAWFUL SOLICITATION IN PROHIBITED ROADWAYS.

9A.44.140    UNLAWFUL SOLICITATION AT DESIGNATED LOCATIONS.

9A.44.010 DEFINITIONS.

The following definitions are applicable in BMC 9A.44.020 through 9A.44.080, unless the context otherwise requires:

(a)    "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a community where good order presides.

(b)    "Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(c)    "Unreasonably disrupts" means to substantially impair the conduct of a meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)

9A.44.020 DISORDERLY CONDUCT.

RCW 9A.84.030 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)

9A.44.030 FAILURE TO DISPERSE.

RCW 9A.84.020 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)

9A.44.040 EXPECTORATING.

It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, public building or any store open to and used by the public. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)

9A.44.050 MISCHIEF ON BRIDGES.

It is unlawful for any person to intentionally:

(a)    Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any portion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges; or

(b)    Jump, leap or go upon with the intent of jumping or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)

9A.44.060 UNLAWFUL TRANSIT CONDUCT.

RCW 9.91.025 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)

9A.44.065 URINATING IN PUBLIC.

(a)    A person is guilty of the crime of urinating in public if he or she 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)    Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250.00). (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011)

9A.44.070 INDECENT EXPOSURE.

RCW 9A.88.010, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)

9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE.

RCW 9A.76.160 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)

9A.44.090 RIOT.

RCW 9A.84.010 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5208 §2 (part), 2013: Ord. 5145 §1 (in part), 2011: Ord. 4850 §2 (in part), 2003)

9A.44.100 LASERS.

Chapter 9A.49 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 5262 §2, 2014: Ord. 5208 §2 (part), 2013: Ord. 5165 §1, 2011. Formerly 9A.44.110)

9A.44.110 AGGRESSIVE BEGGING.

(a)    Definitions. The following definitions apply in this section:

(1)    "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled.

(2)    "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

(3)    "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them.

(b)    Violation. A person is guilty of aggressive begging if, in a public place, he or she begs with the intent to intimidate another person into giving money or goods.

(c)    Penalty. Aggressive begging is a misdemeanor as defined in BMC 1.12.020(2). (Ord. 5262 §4, 2014)

9A.44.120 PEDESTRIAN OR VEHICULAR INTERFERENCE.

(a)    Definitions. The following definition applies in this section:

"Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them.

(b)    Violation. A person is guilty of pedestrian or vehicular interference if, in a public place, he or she intentionally walks, stands, sits, lies, or places an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.

(c)    Exceptions. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute pedestrian or vehicular interference.

(d)    Penalty. Pedestrian or vehicular interference is a misdemeanor as defined in BMC 1.12.020(2). (Ord. 5262 §5, 2014)

9A.44.130 UNLAWFUL SOLICITATION IN PROHIBITED ROADWAYS.

(a)    Purpose. The purpose of this section is to promote the City’s fundamental interest in public peace, health, and safety, by regulating acts of solicitation that occur within certain designated roadways which pose substantial risks to vehicular and pedestrian safety due to high volume traffic, limited or no parking and/or other safety factors.

(b)    Definitions. The following definitions apply in this section:

(1)    "Contact" means actual physical contact or the giving or receiving of any item from one (1) person to another.

(2)    "Enter" means to cross the vertical plane of the edge of a prohibited roadway with any part of a person’s body or any extension thereof.

(3)    "Roadway" means the portion of a street or highway within the City primarily used for vehicular travel including medians, paved shoulders and bike lanes, but does not include the curbs and sidewalks.

(4)    "Solicit" means:

(i)    Either orally or in writing, directly or by implication, to ask, beg, request or plead for employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose;

(ii)    Either orally or in writing, to sell or offer for immediate sale goods, services, or publications;

(iii)    To distribute without remuneration goods, services, or publications; or

(iv)    To solicit signatures on a petition or opinions for a survey.

(c)    Violation. A person is guilty of unlawful solicitation in prohibited roadways if he or she solicits from an occupant of any vehicle that is on a prohibited roadway, enters the prohibited roadway before, during or after the solicitation, and contacts an occupant of any vehicle on the prohibited roadway. Prohibited roadway includes the following:

(1)    6th Street.

(2)    11th Street.

(3)    Burwell Street.

(4)    Charleston Boulevard.

(5)    Kitsap Way east of State Highway 3.

(6)    Naval Avenue south of 11th Street.

(7)    Sheridan Road.

(8)    Sylvan Way.

(9)    Warren Avenue.

(10)     Washington Avenue.

(11)     Wheaton Way.

(d)    Exceptions. It is not a violation under this section if the person entering a prohibited roadway:

(1)    Contacts a vehicle occupant when the vehicle is legally parked;

(2)    Is summoning aid in an emergency situation; or

(3)    Is a law enforcement officer in the performance of official duties.

(e)    Penalty. Unlawful solicitation in prohibited roadways is a misdemeanor as defined in BMC 1.12.020(2). (Ord. 5262 §6, 2014)

9A.44.140 UNLAWFUL SOLICITATION AT DESIGNATED LOCATIONS.

(a)    Purpose. The purpose of this section is to promote the City’s fundamental interest in public peace, health, and safety by regulating acts of solicitation that occur at locations and under circumstances specified herein which pose substantial risks to pedestrian safety, and which harm the efficient movement and personal and financial security of citizens, tourists and other pedestrians. The in-person solicitation of funds combined with the immediate receipt of that money, when directed to someone transacting business at an automated teller machine or preparing to board a bus at a bus stop, creates a risk of fraud and duress and is a public safety concern. It is the purpose of this section to protect citizens from the fear and intimidation accompanying certain kinds of solicitation while providing safe and appropriate venues for constitutionally protected activity.

(b)    Definitions. The following definitions apply in this section:

(1)    "Automated teller machine (ATM)" means a machine, other than a telephone, whether owned by a financial institution or a third party:

(i)    That is capable of being operated by a customer of a financial institution;

(ii)    By which the customer may communicate to the financial institution directly or indirectly a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person; and

(iii)    The use of which may or may not involve personnel of a financial institution.

(2)    "Solicit" means requesting an immediate contribution, donation or gift of money from a person or persons unknown to the solicitor.

(c)    Violation. A person is guilty of unlawful solicitation if he or she, in a continuous or repetitive manner, solicits and receives funds:

(1)    Within fifteen (15) feet of an ATM, measured from the solicitor to the nearest entrance or exit of a facility in which an ATM is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the ATM; or

(2)    Within fifteen (15) feet of a public bus stop, measured from the solicitor to the nearest part of the bus stop bench, shelter or other structure, or if the bus stop has no bench, shelter or other structure, to the nearest sign or marking designating the area as a bus stop.

The distance between the solicitor and the ATM or the bus stop shall be measured in a straight line, without regard to intervening structures or objects.

(d)    Penalty. Unlawful solicitation at designated locations is a misdemeanor as defined in BMC 1.12.020(2). (Ord. 5262 §7, 2014)