Chapter 9.01
Disorderly Persons


9.01.010    Definition of disorderly persons.

9.01.015    Disturbance of City Council meetings.

9.01.020    Penalty for violation.

9.01.010 Definition of disorderly persons.

The following persons are hereby declared to be disorderly persons:

(1) Any person fighting or quarreling or encouraging others to fight in any public place in the City of DuPont.

(2) Any person who shall, without permission of the owner or person entitled to the possession thereof, intentionally take or drive away any motor vehicle, and every person with knowledge of the fact that such vehicle has been taken, who shall voluntarily ride in or on the same.

(3) Any person who shall resist or interfere with any policeman or peace officer of the City, or who shall refuse when called upon to assist him in the discharge of his duty, or who shall aid or assist any person in the custody of any policeman or peace officer to escape from such custody.

(4) Any person who shall by noisy, riotous or tumultuous conduct disturb the quiet and peace of the City, or of any meeting or assemblage therein.

(5) Any person who shall conduct himself or herself in an indecent manner, indecently expose his or her person, or urinate or defecate in a public place.

(6) Any person who shall willfully break, impair, injure or deface any building, fence, awning, window, sign, signboard, tree, shrub, or any other thing of value, being the property of another.

(7) Any person who, for the purpose of annoyance or mischief, shall place in any doorway or on any sidewalk, street or alley in the City any box, barrel, cask or other thing, or who shall remove, interfere with, carry away or destroy the property of another, or who shall tear down, destroy or mutilate any notice or handbill lawfully posted in the City.

(8) Any person in the City who shall draw, exhibit, or attempt to use any deadly weapon with intent to do bodily injury to another, or with the intention of intimidating such other person.  This provision, however, shall not apply to the police officers of the City while in discharge of their duty.

(9) Any person, except the police officers of said City engaged in the lawful discharge of their duty, and persons practicing at target shooting in a duly licensed shooting gallery, who shall fire off or discharge any bomb, gun, pistol or firearm of any kind within the City limits.

(10) Any person who shall willfully use force or violence on the person of another, without the consent of such other person.

(11) Any person who shall place any object not securely fastened upon any window sill or other outside portion of a building in such a position as to be above or near to a street or sidewalk, or who shall permit any such object to remain in such position upon any such building or part of a building of which he shall be in possession.

(12) Any person who, with intent to deprive or defraud the owner thereof, shall take, steal or carry away the property of another, the same being of the value of $250.00 or less.

(13) Any person who shall practice or solicit prostitution, or keep a house of prostitution.

(14) Any person in the City who shall live in whole or in part upon the earnings of a common prostitute.

(15) Any person who lives, works, or who is found in a house of prostitution, or who associates with or solicits for any prostitute or house of prostitution.

(16) Any person or persons in the City engaged in buncoing or in the operation of a swindling game or device for the purpose of swindling or defrauding others.

(17) Any person who, with intent to deprive or defraud the owner thereof, buys, sells, receives, has in his possession, or aids in concealing or withholding any property of another knowing the same to have been stolen or wrongfully appropriated.

(18) Any person or persons found intoxicated in a motor vehicle in the City of DuPont.

(19) Any person who, with intent to defraud, shall obtain any food, lodging or accommodation in any hotel, apartment house, restaurant, cafe, boarding or lodging house without paying therefor.

(20) Any person who, by act or omission, encourages, causes or contributes to the dependency or delinquency of a minor, under the age of 18 years.

(21) Any person who shall intentionally inhale vapors or fumes of any substance for the purpose of inducing euphoria, hallucination or intoxication, except as provided by law.

(22) Any persons, except a person enrolled as a student in or parents or guardians of such student or persons employed by the school or institution, who without a lawful purpose therefor willfully loiters about the building or buildings of any public or private school or institution, including schools or institutions of higher learning or the public premises adjacent thereto.

(23) Any person who shall sell, give, buy or possess narcotic or dangerous drugs as defined by the laws of the State of Washington; provided, however, that nothing contained in this chapter shall prohibit or restrain any licensed pharmacist, physician or other legally authorized person from possessing or dispensing such drugs in compliance with the laws of the State of Washington.

(24) Any person who shall sell, give, buy or possess intoxicating liquor contrary to the laws of the State of Washington.

(25) Any person who shall resist or interfere or make false statements with any peace officer or City official engaged in the lawful discharge of his duties, or who shall aid any person in custody to escape therefrom.

(26) Any person who shall drive any automobile or other vehicle in a noisy or reckless manner, or who shall use a siren thereon, or who shall blow the horn thereon unnecessarily.

(27) Any person who shall, without the permission of the owner or person entitled to the possession thereof, take or drive away any vehicle, animal or other property; and any person who shall accompany or ride with any such person with knowledge of that fact.

(28) Any person who shall maintain or permit to be maintained on his premises a condition which constitutes a public nuisance according to the laws of the City of DuPont and the State of Washington.

(29) Any person possessing or carrying, without being licensed to do so, a concealed firearm; and any person who shall, without legal cause, discharge any firearm, air rifle, air-soft gun, B-B gun, bow and arrow, crossbow, slingshot, or display a replica firearm within the City limits.

(30) Any person who shall manufacture or sell fireworks without a license.

(31) Any person who shall sprinkle or otherwise irrigate a lawn or garden with water drawn from the municipal water system of the City of DuPont on a date or at an hour at which such sprinkling or irrigation is not permitted for the area embracing said lawn or garden, by any reasonable sprinkling or irrigation schedule which shall have been posted at the City Hall by the Clerk-Treasurer, acting under the direction of the City Water Department or of the Mayor.

(32) Any person who knowingly threatens, without lawful authority, to cause bodily injury in the future to the person threatened or to any other person; or cause physical damage to the property of a person other than the actor; or subject the person threatened or any other person to physical confinement or restraint; or maliciously do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health and safety; and the person by words or conduct places the person threatened in reasonable fear the threat will be carried out.

(33) Any person who with intent to harass, intimidate, torment or embarrass any other person shall make a telephone call to such person using any lewd, lascivious, profane, indecent, or obscene words or language, or suggesting the commission of any lewd or lascivious act; or anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or threatening to inflict injury on the person or property of the person called or any member of his family; or without purpose of legitimate communication.

(34) Any person who knowingly causes a fire or explosion which recklessly damages any building; or watercraft; or any hay, grain, crop; or timber, whether cut or standing.

(35) Any person who, with intent to defraud, makes, draws, utters, or delivers any check or draft on a bank depository for the payment of, knowing at the time of such drawing or delivery that he has not sufficient funds in, or credit with, said bank or other depository to meet said check or draft in full upon its presentation.

(36) Any person who, without authorization, intentionally gains access to a computer system or electronic database.  (Ord. 383 § 2, May 10th, 1989; Ord. 08-864 § 1).

9.01.015 Disturbance of City Council meetings.

(a) Decorum.  Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is retained at all times.  The presiding officer of the meeting shall be responsible for maintaining the order and decorum of meetings.

(b) Rules of Decorum.  While any meeting of the City Council is in session, the following rules of decorum shall be observed:

(1) Council Members.  Members of the City Council shall preserve order and decorum, and a member shall not by conversation or other means deliberately delay or interrupt the Council proceedings or disturb any other speaking member.

(2) City Staff.  Employees of the City shall observe the same rules of order and decorum as those which apply to members of the Council.

(3) Persons Addressing the Council.  Public oral communications at City Council meetings shall not be a substitute for any item that can be handled during normal working hours of the municipal government.  The primary purpose of oral communications is to allow citizens the opportunity to formally communicate with the City Council as a whole, for matters that cannot be handled during the regular working hours of the City government.  Each person who addresses the Council shall do so in an orderly manner and shall not make personal attacks, impertinent, slanderous or profane remarks to any member of the Council, staff or general public.  “Personal attacks” is defined as those remarks unrelated to the manner in which the City official performs his or her duties as an officer of the City.  Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting.

(4) Members of the Audience.  No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language, whistling, stamping of feet or other acts which disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting.  Any person who conducts him/herself in the aforementioned manner shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting.

(c) Addressing the Council.  A person wishing to address the Council regarding an item which is on the agenda shall seek recognition by the presiding officer of the Council during discussion of that item.  Persons wishing to discuss a nonagenda item may seek recognition by the presiding officer during the public comment portion of the meeting, if provided.  No person shall address the Council without first being recognized by the presiding officer.  The following procedures shall be observed by persons addressing the Council:

(1) Each person shall step to the podium provided for the use of the public and shall state his or her name and address; the organization, if any, which he or she represents; and the subject he or she wishes to discuss;

(2) Each person shall confine his or her remarks to the Council agenda item or to approved oral communication subjects being discussed;

(3) Each person shall limit his or her remarks to three minutes, unless further time is granted by the presiding officer;

(4) All remarks shall be addressed to the Council as a whole and not to any single member thereof, unless in response to a question from such member; and

(5) No question may be asked of a member of the Council or the City staff without permission of the presiding officer.

(d) Enforcement of Decorum.  The rules of decorum set forth above shall be enforced in the following manner:

(1) Warning.  The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent or germane to the issue.  If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting.  If such person does not remove him or herself, the presiding officer may order a law enforcement officer to remove the person from Council Chambers.

(2) Resisting Removal.  Any person who resists removal by a law enforcement officer shall be charged with a violation of this section.

(3) Penalty.  Any person found to violate any provision of this section shall be guilty of a misdemeanor.

(4) Motion to Enforce or Suspend the Rules.  If the presiding officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so.  If the presiding officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as presiding officer for the limited purpose of enforcing any rule of this section which the majority wishes to enforce.

Should any member of the Council desire to suspend any portion of the rules set forth above, a formal vote must be taken and passed by a majority of the Council.

(5) Adjournment.  If a meeting of the Council is disturbed or disrupted in such a manner as to make the restoration of order infeasible or improbable, the meeting may be adjourned or continued by the presiding officer or a majority of the Council, and any remaining Council business may be considered at the next meeting.  (Ord. 04-768 § 1; Ord. 08-864 § 1).

9.01.020 Penalty for violation.

Any violation of any provision, or failure to comply with any of the requirements, of this chapter shall be subject to the terms and conditions of Chapter 1.17 DMC, Enforcement.  (Ord. 383 § 3, May 10th, 1989; Ord. 05-793 § 1; Ord. 08-864 § 1).