Chapter 9.20
OFFENSES AGAINST PUBLIC PEACE

Sections:

9.20.010    Encouraging Fighting.

9.20.030    Loitering on Schoolgrounds.

9.20.040    Loitering With the Intent to Engage in Drug-Related Activity.

9.20.050    Considerations.

9.20.060    Chapter Cumulative.

9.20.070    Severability.

9.20.080    Violation – Penalty.

9.20.010 Encouraging Fighting.

Any person fighting or encouraging others to fight in any public place is guilty of a misdemeanor. (Ord. 84-172 § 3 (part), 1984; prior Code § 35.02.100)

9.20.030 Loitering on Schoolgrounds.

Every person, except a person enrolled as a student in, or parents or guardians of such students or person employed by such school or institution, who without a lawful purpose therefor wilfully loiters about the building or buildings of any public or private school or institution of higher learning or the public premises adjacent thereto at a time when school is in session, or when organized school sanctioned activities are in progress, is guilty of a misdemeanor. (Ord. 84-172 § 3 (part), 1984; prior Code § 35.02.320)

9.20.040 Loitering With the Intent to Engage in Drug-Related Activity.

It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place with the intent to engage in drug-related activity contrary to any of the provisions of Chapter 69.4l, 69.50, or 69.52 of the Revised Code of Washington. (Ord. 88-161 § 1 (part), 1988)

9.20.050 Considerations.

In the context of Section 9.20.040, included among the circumstances which may be considered in determining whether such intent to engage in drug-related activity is manifested, but not limited thereto, are:

A.    Such person is a known unlawful drug user, possessor, or seller. For purposes of this Chapter, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any provisions referred to in Chapter 69.41, 69.50, or 69.52 of the Revised Code of Washington within the last five (5) years, or substantially similar laws of any political subdivision of this state within the last five (5) years, or any other similar laws of any other state within the last five (5) years; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks"; or a person who displays drug paraphernalia as defined in Section 69.50.102 of the Revised Code of Washington; or

B.    Such person is currently subject to a court order prohibiting his/her presence in a high drug-activity geographic area; or

C.    Such person transfers or exchanges small objects, packages, or currency in a furtive fashion; or

D.    Such person takes flight in response to the appearance of a police officer or such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in unlawful drug-related activity; or

E.    Such person is in or near a geographic area known by law enforcement to be an area wherein unlawful drug-related activity occurs; or

F.    Such person is in a place open to the public or near any public or private place known to law enforcement to be a place wherein unlawful drug-related activity occurs; or

G.    Such person has an outstanding warrant for a crime involving unlawful drug-related activity, or any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or registered to a person for whom there is an outstanding warrant for a crime involving drug-related activity.

(Ord. 88-161 § 1 (part), 1988)

9.20.060 Chapter Cumulative.

The provisions of this Chapter are not intended to repeal any other ordinance or statute involving the same subject matter. (Ord. 88-161 § 1 (part), 1988)

9.20.070 Severability.

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 88-161 § 1 (part), 1988)

9.20.080 Violation – Penalty.

Any person who violates the provisions of this Chapter is guilty of a misdemeanor, and upon conviction shall be imprisoned for up to ninety (90) days and be subject to a fine of not more than $l,000.00. (Ord. 88-161 § 1 (part), 1988)