Chapter 9.22
PUBLIC DISTURBANCE

Sections:

9.22.010    Riot.

9.22.020    Failure to disperse.

9.22.030    False reporting.

9.22.040    Disorderly conduct.

9.22.050    Unnecessary noises prohibited.

9.22.060    Repealed.

9.22.070    Exclusion order – Violation is a gross misdemeanor.

9.22.080    Compression brakes.

9.22.010 Riot.

RCW 9A.84.010 is hereby adopted by this reference. (Ord. 2765 § 1, 2000).

9.22.020 Failure to disperse.

RCW 9A.84.020 is hereby adopted by this reference. (Ord. 2765 § 1, 2000).

9.22.030 False reporting.

RCW 9A.84.040 is hereby adopted by this reference. (Ord. 2765 § 1, 2000).

9.22.040 Disorderly conduct.

It shall be a misdemeanor for any person to disturb or endanger the public peace or decency by any disorderly conduct.

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 public 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 section, 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 to 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;

(5) 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 person, 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, or yells, or to any act expressly permitted by city ordinance or state law, or to any act of a public official, including police officers, while engaged in performing their lawful duties;

(6) 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, when persons residing in the vicinity are disturbed;

(7) 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;

(8) For any person by means of the use of the telephone to disturb, or tend to disturb, the peace, quiet or right of privacy of any other person or family by repeated or continuous anonymous or identified telephone messages intended to harass or disturb the person to whom the call is directed; or by single call or repeated calls, to use obscene, profane, indecent, or offensive language, or suggest any lewd or lascivious act over or through a telephone 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 to threaten any physical violence or harm to any person or family; or to repeatedly and continuously ring the telephone of any person or family with intent to disturb or harass them; provided, however, that the normal use of the telephone for the purpose of requesting payment of debts or obligations or for other legitimate business purposes shall not constitute disorderly conduct;

(9) Intentionally disrupting any lawful assembly or meeting of persons without lawful authority;

(10) Intentionally obstructing vehicular or pedestrian traffic without lawful authority. (Ord. 2765 § 1, 2000).

9.22.050 Unnecessary noises prohibited.

It shall be a misdemeanor for any person to create any unreasonably loud, disturbing and unnecessary noise in the city. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited.

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:

(1) 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 the 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.

(2) 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.

(3) 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.

(4) Fireworks. The use of firecrackers and other noise making explosives and devices except as permitted by the ordinances of the city.

(5) Hawking and Peddling. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.

(6) 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.

(7) Loading and Unloading Operations. The creation of a loud and excessive noise in connection with loading and unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.

(8) 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 street.

(9) Noises to Attract Attention. The use of any drum, pan, pail, bell, horn, trumpet or other instrument or device except sound trucks licensed pursuant to Chapter 5.72 LMC, for the purpose of attracting attention or intending to attract attention to any performance, show, sale or display or merchandise, except after obtaining a written permit from the city manager.

(10) Playing of Radio, Sound System, Television, Etc. The playing of any radio, sound system, television, 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.

(11) 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. (Ord. 2765 § 1, 2000).

9.22.060 Pedestrian interference.

Repealed by Ord. 3051. (Ord. 2869 § 1, 2003).

9.22.070 Exclusion order – Violation is a gross misdemeanor.

(1) Legislative Findings. The city council finds that from time to time, the right of the general public to enjoy public facilities is infringed upon by persons who engage in pedestrian interference conduct at a public place or who possess and consume alcohol at public places. The city council further finds that the right of persons who engage in criminal activity at public places is outweighed by the right of law-abiding citizens to use such places without interference or fear of criminal activities.

(2) Court Exclusion Order. In addition to fines and/or jail, the Longview municipal court may include in the sentence of anyone convicted of any of the offenses described in LMC 9.22.060 or 9.40.230, an order that he or she shall not enter or be in or at such public place for a period of time not to exceed 90 days.

(3) Violation of Exclusion Order Is Gross Misdemeanor. It is a gross misdemeanor for any person to knowingly violate any court order excluding such person from a public place as described in this section.

(4) Grounds for Exclusion Order – Violations. An act which may result in the issuance of a written order prohibiting a person from entering a public place may consist of any of the following when committed at the public place:

(a) Any act that qualifies as a felony crime;

(b) Any act that qualifies as a gross misdemeanor crime, excluding all traffic offenses except for violations of RCW 46.61.500 (reckless driving), RCW 46.61.502 (DUI), RCW 46.61.503 (DUI under 21), RCW 46.61.504 (DUI – physical control), RCW 46.61.5249 (negligent operation I) and RCW 46.61.525 (negligent driving II);

(c) Any act that qualifies as a violation of RCW 66.44.100 (opening or consuming liquor in a public place) or LMC 9.40.230 (Possession or consumption of alcoholic beverages in public parks);

(d) Any act that involves entering an area designated in LMC 9.22.060(1)(e) after the area is closed to the public. (Ord. 2869 § 2, 2003).

9.22.080 Compression brakes.

(1) No person shall use compression brakes while operating a motor vehicle upon any street where signs prohibit the use of compression brakes, except as such use is necessary in an emergency.

(2) Definitions.

(a) “Compression brakes” means a device which, when manually activated, retards the forward motion of a motor vehicle by the direct and sole use of the compression of the engine of the vehicle. “Compression brakes” are sometimes referred to as “jake brakes.”

(b) An “emergency” contemplates that an immediate stoppage or slowing of the vehicle is necessary in order to prevent injury to persons or damage to property or to remedy an injury that has already occurred, and that friction brakes are either not available or would not have been as effective in bring the vehicle to a stop or slowing it down.

(3) This section shall not apply to vehicles of a municipal fire department, whether or not responding to an emergency, participating in an exercise in emergency management, or rendering assistance under a mutual aid agreement.

(4) Violation of this section shall be punished as a nontraffic class II civil infraction. (Ord. 2765 § 1, 2000).