Chapter 9.84
PUBLIC PEACE, CRIMES RELATING TO

Sections

9.84.010    Disorderly conduct.

9.84.020    Public disturbance.

9.84.030    Privacy, violating right of.

9.84.040    Interference with health care facilities.

9.84.050    Solicitation of occupants of vehicles on public roadways.

9.84.060    Solicited rides.

9.84.010 Disorderly conduct.

(1) It is unlawful for a person to:

(a) Use abusive language and thereby intentionally create a risk of assault;

(b) Intentionally disrupt a lawful assembly or meeting of persons without authority;

(c) Intentionally obstruct vehicular or pedestrian traffic without lawful authority; or

(d) Fight by agreement, except as part of an organized athletic event.

(2) A violation of or failure to comply with this section is a misdemeanor. [Ord. 1036 § 96, 1993.]

9.84.020 Public disturbance.

The following state statutes are adopted by reference and are applicable within the city:

    RCW

9.27.015    Interference, obstruction of any court, building or residence – Violations.

9A.84.010    Riot.

9A.84.020    Failure to disperse.

9A.84.040    False reporting.

[Ord. 1103 § 3, 1994: Ord. 1036 § 97, 1993.]

9.84.030 Privacy, violating right of.

The following state statutes are adopted by reference and are applicable within the City:

    RCW

9.73.010    Divulging telegram.

9.73.020    Opening sealed letter.

9.73.030    Intercepting, recording, or divulging private communication – Consent required – Exceptions.

9.73.070    Persons and activities excepted from chapter.

9.73.080    Penalties.

9.73.090    Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility.

9.73.100    Recordings available to defense counsel.

9.73.110    Intercepting, recording, or disclosing private communications – Not unlawful for building owner – Conditions.

9.73.120    Reports – Required, when, contents.

9.73.130    Recording private communications – Authorization – Application for, contents.

9.73.140    Recording private communications – Authorization of or application for – Inventory, contents, service – Availability of recording, applications, and orders.

9.73.200    Intercepting, transmitting, or recording conversations concerning controlled substances – Findings.

9.73.210    Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor – Authorization – Monthly report – Admissibility – Destruction of information.

9.73.230    Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor – Conditions – Written reports required – Judicial review – Notice – Admissibility – Penalties.

[Ord. 1604 § 33, 2014; Ord. 1036 § 98, 1993.]

9.84.040 Interference with health care facilities.

The following state statutes are adopted by reference and are applicable within the city:

    RCW

9A.50.010    Definitions.

9A.50.020    Interference with health care facility.

9A.50.030    Penalty.

9A.50.060    Informational picketing.

[Ord. 1103 § 2, 1994.]

9.84.050 Solicitation of occupants of vehicles on public roadways.

(1) Use of Words and Phrases. As used in this section, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(a) “Arterial roadway” means a public roadway with a marked or painted yellow centerline.

(b) “Enter” means to cross the vertical plane of the edge of a roadway. It includes crossing the vertical plane by any part of a person’s body or any extension thereof.

(c) “Goods” means real property, as well as tangible and intangible personal property.

(d) “Median” means the portion of a divided highway separating the traveled ways for traffic in opposite directions.

(e) “Roadway” has the meaning given that term in RCW 46.04.500, as currently adopted or as it may be amended in the future.

(f) “Services” means any work done for the benefit of another person.

(g) “Solicit” and all derivative forms of “solicit” mean any conduct or act whereby a person:

(i) Either orally or in writing, asks for an immediate ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value for any purpose;

(ii) Either orally or in writing, sells or offers for immediate sale goods, services, or publications;

(iii) Distributes without remuneration goods, services, or publications; or

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

(h) “Vehicle” has the meaning given that term in RCW 46.04.670, as currently adopted or as it may be amended in the future.

(2) Prohibited Conduct.

(a) It is unlawful for any person to enter the traveled portion of an arterial roadway or a median in the city with the intent to conduct a solicitation directed to, or intended to, attract the attention of the occupant of any vehicle traveling on or stopped on the roadway. An offense occurs when the solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services takes place.

(b) The following conduct is exempt from the prohibition in this section:

(i) Summoning aid or requesting assistance in an emergency situation;

(ii) Law enforcement officer, public works employee, or certified flagger in the performance of official duties; or

(iii) Engaging transportation licensed for hire (e.g., a taxi, shuttle or bus).

(3) Penalty. A violation of or failure to comply with this section is a misdemeanor. [Ord. 1511 § 1, 2011.]

9.84.060 Solicited rides.

(1) Adopted by Reference.

(a) Washington State statutes and state and county regulations adopted by reference in this section are adopted pursuant to RCW 35A.12.140 as though fully set forth in this section, and as presently constituted or as may be subsequently amended.

(b) Not less than one copy of each such statute, code, or regulation as codified, and suitably marked to indicate amendments and additions, is filed in the office of the Des Moines city clerk and is available for use and examination by the public.

(2) Pedestrians Soliciting Rides or Business. The following state statute is adopted by reference and applicable within the city of Des Moines:

    RCW

46.61.255    Pedestrians soliciting rides or business.

(3) Soliciting Rides in Designated “Anti-prostitution Emphasis Areas.”

(a) No person operating any vehicle upon a roadway posted as an “anti-prostitution emphasis area” and as defined in DMMC 9.76.060(2) as presently constituted or as may be subsequently amended shall stop such vehicle to offer or give transportation to any person, subject to the exceptions listed in subsection (3)(c) of this section.

(b) No pedestrian in an area posted as an “anti-prostitution emphasis area” and as defined in DMMC 9.76.060(2) as presently constituted or as may be subsequently amended shall solicit or attempt to solicit a ride from a vehicle, subject to the exceptions listed in subsection (3)(c) of this section.

(c) Exceptions. The provisions in subsections (3)(a) and (b) of this section shall not be construed to prevent a person upon a roadway posted as an “anti-prostitution emphasis area” from soliciting, or a driver of a vehicle from giving, a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a passenger carrier for the purpose of becoming a passenger thereon for hire.

(d) A violation or failure to comply with this section is a class 3 civil infraction. [Ord. 1541 §§ 1 – 3, 2012.]