Chapter 9.36
PUBLIC DISTURBANCE1
Sections:
9.36.010 Definitions – Public place.
9.36.040 Disruption of school activities.
9.36.080 Repealed.
9.36.090 Repealed.
9.36.010 Definitions – Public place.
As it pertains to this chapter, a 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, and doorways and entrances to buildings or dwellings and the grounds enclosing them. (Ord. 1086 § 2, 1988).
9.36.020 Riot.
A. A person is guilty of the crime of riot if, acting with three or more other persons, he/she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property.
B. The crime of riot is a gross misdemeanor in all cases where the actor is not armed with deadly weapon. (Ord. 1086 § 2, 1988).
9.36.030 Failure to disperse.
A. A person is guilty of the crime of failure to disperse if:
1. He/she congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person or substantial harm to property; and
2. He/she refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law.
B. Failure to disperse is a misdemeanor. (Ord. 1086 § 2, 1988).
9.36.040 Disruption of school activities.
A. A person is guilty of the crime of disruption of school activities if he/she comes into or remains in any school building, classroom, or upon any school ground or street, sidewalk, or public way adjacent thereto, without lawful reason, and intentionally causes substantial disruption of the activities of the school.
B. Disruption of school activities is a misdemeanor. (Ord. 1086 § 2, 1988).
9.36.050 Disorderly conduct.
A. A person is guilty of the crime of disorderly conduct if he/she:
1. While in a public place, uses abusive, profane, or offensive language and thereby intentionally creates a risk of assault or intentionally causes a breach of the peace; or
2. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or
3. Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
4. Intentionally fights with another in a public place and thereby creates a substantial risk of:
a. Injury to a person who is not actively participating in the fight; or
b. Damage to the property of a person who is not actively participating in the fight; or
5. Throws objects at any house, building, vehicle or person with an intent to annoy, intimidate, harass, or disturb any person; or
6. Challenges another person to fight, or fights by agreement; except as part of an organized athletic event.
B. Disorderly conduct is a misdemeanor. (Ord. 1086 § 2, 1988).
9.36.060 Unlawful tire noise.
A. A person is guilty of the crime of unlawful tire noise when he/she operates a motor vehicle on a public place in such a manner as to cause or allow to be emitted squealing, screeching, or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners; provided, that sound resulting from an emergency braking to avoid imminent danger shall be exempt from this section; provided further, that law enforcement personnel in the performance of their duty shall be exempt from this section.
B. The crime of unlawful tire noise is a misdemeanor. (Ord. 1086 § 2, 1988).
9.36.070 False reporting.
A. A person is guilty of the crime of false reporting if with knowledge that the information reported, conveyed, or circulated is false, he/she initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to cause an evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm.
B. False reporting is a gross misdemeanor. (Ord. 1086 § 2, 1988).
9.36.080 Unlawful public disturbance noises.
Repealed by Ord. 1317. (Ord. 1086 § 2, 1988).
9.36.090 Sounds exempt from unlawful public disturbance noises.
Repealed by Ord. 1317. (Ord. 1086 § 2, 1988).
9.36.100 Penalty.
A. Any violation of MMC 9.36.030, 9.36.040, 9.36.050 or 9.36.060, upon conviction, shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days or by both such fine and imprisonment.
B. Any violation of MMC 9.36.020 or 9.36.070, upon conviction, shall be punished by a fine not to exceed $1,000 or by imprisonment of not more than one year, or by both such fine and imprisonment.
C. In the event that any gross misdemeanor or misdemeanor penalty adopted pursuant to subsections A or B of this section establishes a penalty different from a penalty prescribed for that crime by state statute, the penalty prescribed by state statute shall control. (Ord. 1317 § 2, 1998; Ord. 1239 § 7, 1994; Ord. 1086 § 2, 1988).
9.36.110 Severability.
If any provisions of this chapter or its application to any person or circumstances is held invalid, the remainder of the act or the application of the provisions to other persons or circumstances is not affected. (Ord. 1086 § 2, 1988).
Prior legislation: Ord. 1056.