Chapter 9.21
CRIMES RELATING TO PUBLIC PEACE
Sections:
9.21.010 Disorderly conduct, riot, failure to disperse and obstruction.
9.21.020 Privacy, violating right of.
9.21.030 Malicious prosecution – Abuse of process.
9.21.040 Disorderly conduct – Fighting.
9.21.045 Pedestrian interference with vehicular traffic on identified roadways – Prohibited.
9.21.010 Disorderly conduct, riot, failure to disperse and obstruction.
The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be amended:
A. RCW 9A.84.010, Riot.
B. RCW 9A.84.020, Failure to disperse.
C. RCW 9A.84.030, Disorderly conduct.
D. RCW 9.27.015, Interference, obstruction of any court, building or residence – Violations. (Ord. 3536 § 13, 2011).
9.21.020 Privacy, violating right of.
The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be amended:
A. RCW 9.73.010, Divulging telegram.
B. RCW 9.73.020, Opening sealed letter.
C. RCW 9.73.030, Intercepting, recording or divulging private communication – Consent required – Exceptions.
D. RCW 9.73.070, Persons and activities excepted.
E. RCW 9.73.080, Penalty.
F. RCW 9.73.090, Police and fire personnel exempted from RCW 9.73.030 – 9.73.080 – Standards.
G. RCW 9.73.100, Recordings available to defense counsel. (Ord. 3536 § 13, 2011).
9.21.030 Malicious prosecution – Abuse of process.
The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be amended:
A. RCW 9.62.010, Malicious prosecution.
B. RCW 9.62.020, Instituting suit in name of another. (Ord. 3536 § 13, 2011).
9.21.040 Disorderly conduct – Fighting.
A. It is unlawful for any person to intentionally fight with another person in a public place and thereby create a substantial risk of:
1. Injury to a person who is not actively participating in the fight; or
2. Damage to the property of a person who is not actively participating in the fight.
B. In any prosecution under this section it is an affirmative defense that:
1. The fight was duly licensed or authorized by law; or
2. The person was acting in self-defense.
C. Violation of this section is a misdemeanor. (Ord. 3536 § 13, 2011).
9.21.045 Pedestrian interference with vehicular traffic on identified roadways – Prohibited.
A. The purpose of this section is to promote the city’s fundamental interest in public peace, health, and safety, by regulating conduct that occurs at locations and under circumstances specified herein which pose substantial risks to traffic flow, vehicular and pedestrian safety, and the public safety as a whole.
B. No person shall enter a prohibited roadway or be physically present within a prohibited roadway when that roadway is open for vehicular travel and deliver, receive, or exchange goods or services or distribute publications for any purpose with occupants of any vehicle unless the vehicle is legally parked.
C. As used in this section:
1. “Enter” means to cross the vertical plane of the edge of a prohibited roadway. It includes crossing the vertical plane by any part of a person’s body or any extension thereof.
2. “Prohibited roadway” means a state route, on-ramp or off-ramp to Interstate 5, or selected arterials and collector streets, and also the first 100 feet of a road that intersects a state route, on-ramp or off-ramp to Interstate 5, or principal arterial, as measured from the edge of the state route, on-ramp or off-ramp to Interstate 5, or selected arterial or collector streets.
a. Prohibited roadway:
i. Includes any portion of a road traveled by vehicles up to the sidewalk or curb where there exists a sidewalk or curb;
ii. Includes the first five feet beyond the edge of a paved shoulder where there is no sidewalk;
iii. Includes medians, which may be denoted by a physical barrier or solid yellow pavement markings;
iv. Excludes all sidewalks and curbs.
3. “Goods or services” means any tangible item including but not limited to financial aid, monetary gifts, any article representing monetary value, or consumer goods, and any work or employment for duties performed by one that results in the benefit to another.
D. Prohibited roadways, with the exception of roadway within 100 feet of a state route, on-ramp or off-ramp to Interstate 5, or selected arterials and collector streets, established herein are delineated upon the official map, entitled “Prohibited Roadways as Defined by MVMC 9.21.045 C 2 and Referenced in MVMC 9.21.045 D,” as adopted as part of this code as if contained herein. The official map shall be filed in the city finance office. It shall be the duty of the city attorney to cause the official map to be updated and maintained by having changes entered that the city council may approve.
E. Any person who violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than $500.00, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment.
F. The following are not violations under this section:
1. Activity authorized pursuant to Chapter 5.05 MVMC, Parades, Athletic Events and Other Special Events.
2. A person summoning, delivering, or receiving aid in an emergency situation. (Ord. 3565 § 2, 2012).
9.21.050 Aggressive begging – Definitions.
Repealed by Ord. 3746. (Ord. 3536 § 13, 2011).
9.21.060 Aggressive begging.
Repealed by Ord. 3746. (Ord. 3536 § 13, 2011).
9.21.070 Urinating in public.
A. A person is guilty of urinating in public if he or she intentionally urinates or defecates in a public place other than a wash room or toilet room.
B. “Public place” as used in this section means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
C. Urinating in public is a misdemeanor. (Ord. 3779 § 1, 2019; Ord. 3625 § 1, 2014).