Chapter 9.06
OFFENSES AGAINST THE PUBLIC ORDER
Sections:
9.06.020 Repealed.
9.06.030 Acts declared to be unnecessary noise.
9.06.010 Disorderly conduct.
A. It shall be unlawful for any person to disturb or endanger the public peace or decency by any disorderly conduct.
B. The following acts, among others, are declared to be disorderly conduct:
1. Use of obscene, abusive or profane language in a public or private place in a manner which incites or tends to incite a breach of the peace, or which disturbs the peace or decency;
2. Making any threats of violence to or against any other person;
3. Lying, sitting, kneeling, leaning, or standing in a public place in such a manner as to willfully impede, hinder, delay or obstruct other persons lawfully using such place for its intended use. The term “public place,” for purposes of this chapter, shall be deemed and construed to include every public building, sidewalk, parking strip, public way, public park, public or private school, apartment house hallways, doorways, and interiors of other commercial buildings which the general public, having lawful business therein, is freely admitted; provided, however, this subsection shall not apply to injured persons or public officials, including police officers, who are performing their lawful duties;
4. The operation of a motor vehicle within the city in a manner that disturbs the public peace and tranquility, whether by excessive speed, excessive noise, or by other operation manifesting disregard for reasonable safety precautions; except that sounds created by individual off-road vehicles, whether noise-suppression equipment is installed or not, which are being used at, but not in transit to or from, officially designated off-road vehicle parks and race tracks, shall be exempt from this chapter so long as the off-road vehicle park or race track, as a whole, meets the noise standards of Chapter 70.107 RCW and any regulations thereunder;
5. Making any indecent exposure of the person;
6. Any noisy or riotous conduct either in a public or private place which causes a disturbance of the public peace and tranquility including, but not limited to, any person who screams, shouts, yells, or gives commonly known offensive signs or plays musical instruments in a manner calculated to divert the attention of a motor vehicle operator to such person or that reasonably causes alarm for the safety of any persons or property in the vicinity; provided, however, that this subsection shall not apply to any parent or parents seeking to gain the attention of their child or children by screams, shouts, or yells, or to any act expressly permitted by city ordinance or state law, or any person attempting to summon law enforcement or emergency medical services, or persons alerting the public to a danger, or to any act of a public official, including police officers, while engaged in performing their lawful duties;
7. Engaging in, promoting, encouraging, aiding or abetting any fight, riot or noisy and disorderly proceeding on any street or public place, or in any private building or dwelling, unless done as part of a legalized event and the action is within the scope and rules of the event;
8. Assault and battery upon any person on any street or public place, or in any private building or dwelling when persons residing in the vicinity are disturbed;
9. For any person by means or use of the telephone or computer to disturb, or tend to disturb, the peace, quiet or right of privacy of any other person or family by repeated and continuous, anonymous or identified, messages intended to harass or disturb the person or family to whom the message is directed, or by a single call or message or repeated calls or messages, to use obscene, profane, indecent, or offensive language, or suggest any lewd or lascivious act over or through a telephone or computer in this city; or to attempt to extort money or other thing of value from any person or family by means or use of the telephone or computer; or to threaten any physical violence or harm to any person or family; or to repeatedly and continuously ring the telephone or send messages to any person or family with intent to disturb or harass them; provided, however, that the normal use of the telephone or computer for the purpose of requesting payment of debts or obligations or other legitimate business purposes shall not constitute disorderly conduct;
10. Intentionally disrupting any lawful assembly or meeting of persons without lawful authority;
11. Intentionally obstructing vehicular or pedestrian traffic without lawful authority;
12. Urinates or defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public;
13. Opens, conducts, keeps, or maintains any place resorted to for the purpose of prostitution, drug use, or lewdness;
14. Allows, permits or authorizes, in any building or place owned by him, or under his control, any riotous or disorderly conduct, or drunkenness, or fighting to the annoyance of the public;
15. Throws any object which strikes or may strike and cause damage, inconvenience, or injury to any person or building and property of another, unless done as part of a legalized event and the action is within the scope and rules of the event;
16. Engage in aggressive begging in any public place in the city as those terms are defined by this section. “Aggressive begging” shall mean: to beg with intent to intimidate another person into giving money or goods; to beg with the use of false or misleading information; to beg with or to involve activities that are unsafe or dangerous to any person or property or to beg at locations or in a manner that threatens the safety of persons or property or that impedes or threatens to impede pedestrian or vehicular traffic; to beg in a manner that exploits children; or to willfully provide or deliver or attempt to provide or deliver unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return. “Beg” shall mean to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means. “Exploit children” shall mean using children in an unethical, selfish, or abusive manner or in any other manner that gives an unfair advantage. “Intimidate” shall mean to engage in conduct which would make a reasonable person fearful or feel compelled. “Public place” shall mean any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel, that is in common use by the public with the consent, expressed or implied, of the owner or owners, and further, any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-of-way open to the use of the public; or
17. Misuse of 911. Calling 911 and requesting an emergency response when no actual emergency exists and when the caller does not have a good faith basis to request emergency assistance, or repeatedly calling 911 and hanging up. [Ord. 2010-12 § 1, 2010; Ord. 2009-22 § 2, 2009].
9.06.020 Unnecessary noises prohibited.
Repealed by Ord. 2009-22. [Ord. 86-4 § 2, 1986].
9.06.030 Acts declared to be unnecessary noise.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this code, but such enumeration shall not be deemed to be exclusive:
A. Blowing Horns, Etc. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of a vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.
B. Blowing Whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or a warning of danger.
C. Building Operations. The erection (including excavation), demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 10:00 p.m., except in the case of urgent necessity in the interest of public safety and then only with a permit from the public works director, which permit may be renewed for a period of three days or less while the emergency continues.
D. Exhaust Discharge. The discharge into the open air of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine except through a muffler or other device which will effectively prevent loud noises therefrom.
E. Fireworks. The use of firecrackers and other noisemaking explosives and devices except as permitted by the ordinances of the city.
F. Hawking and Peddling. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
G. Keeping of Animals. The keeping of any animal or fowl which by causing frequent or loud noise shall disturb the comfort and repose of any persons in the vicinity.
H. Loading and Unloading Operations. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers, except during the hours of 7:00 a.m. to 10:00 p.m., daily.
I. Noises Near Churches, Etc. The creation of any excessive noise on any street adjacent to any church, school, institution of learning or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, provided conspicuous signs are displayed in such streets indicating that the same is a church, school, hospital, or court.
J. Playing of Radio, Phonograph, Etc. The playing of any radio, phonograph, or any musical instrument in such a manner or with such volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence.
K. Use of Vehicles. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise.
L. Use of Compression Brakes. The use on a motor vehicle of any compression brake, air brake and/or jake brake within the city limits of Castle Rock. [Ord. 97-11 § 1, 1997; Ord. 86-4 § 3, 1986].
9.06.040 Violation – Penalty.
Violation of the above provisions constitutes a misdemeanor for which the penalty provisions of CRMC 9.04.020 shall be applicable. [Ord. 86-4 § 4, 1986].