Chapter 9.08
DISORDERLY CONDUCT

Sections:

9.08.010    Definitions.

9.08.020    Disorderly conduct.

9.08.030    Failure to disperse.

9.08.040    Disruption of school activities.

9.08.050    Offenses in public.

9.08.060    Public events.

9.08.070    Urinating in public.

9.08.010 Definitions.

For the purposes of this chapter, certain words and terms are defined as follows: “Public safety order” means an order issued by a peace officer designed and reasonably necessary to prevent or control a serious disorder, and promote the safety of persons or property.

“School” has its ordinary meaning and also includes colleges, community colleges and institutions of higher education. (Ord. 345 § 1, 1994)

9.08.020 Disorderly conduct.

A.    A person is guilty of disorderly conduct if, without lawful authority, he or she knowingly:

1.    Is involved in conduct and/or uses abusive language which causes danger of assault, riot or other public disorders which endanger the safety of others;

2.    Intentionally disrupts a lawful assembly or meeting of persons, without lawful authority;

3.    Is involved in conduct which unreasonably disrupts the public peace;

4.    Causes a public noise disturbance or is in possession and control of property on which a public noise disturbance occurs. The following sounds are determined to be public noise disturbances:

a.    The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law,

b.    The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property,

c.    Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property,

d.    The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings,

e.    Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the vehicle itself,

f.    Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source, and if not operated upon the premises of the operator.

B.    The foregoing provisions shall not apply to scheduled public events at parks, stadiums or arenas, such as public address systems for sporting events or park concerts.

C.    The foregoing enumeration of acts and noises shall not be construed as excluding from the application of this chapter other acts and noises which may unreasonably offend the public peace. (Ord. 345 § 2, 1994)

9.08.030 Failure to disperse.

A person is guilty of failure to disperse if:

A.    He or 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 other person or substantial harm to property; and

B.    He or she refuses or intentionally fails to obey a public safety order to move, disperse or refrain from specified activity in the immediate vicinity. (Ord. 345 § 3, 1994)

9.08.040 Disruption of school activities.

A person is guilty of disruption of school activities if he or she comes upon a school ground, or street, sidewalk or public way adjacent thereto without lawful reason, and intentionally causes substantial disruption of the activities of the school. (Ord. 345 § 4, 1994)

9.08.050 Offenses in public.

It is unlawful for a person to:

A.    Refuse to pay proper fare in public conveyances; or

B.    Open any container which contains intoxicating liquor, or possess any such container which has been opened, or drink any intoxicating liquor, in a public conveyance or public place when not otherwise authorized by law; or

C.    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; or

D.    Expectorate upon the floor, walls or furniture of any public conveyance or public building; or

E.    Intentionally throw any objects at, against or upon any house, building, structure, vehicle or premises of another person or of the city without the consent of that person or the city; or

F.    Commit the crime of riot as defined in RCW 9A.84.010. (Ord. 345 § 5, 1994)

9.08.060 Public events.

A.    No person shall physically interfere with any public event activity in a manner which disrupts the activity or causes participants therein to be seriously distracted from their performance. For purposes of this section, “activity” includes any parade, procession, race, game, exhibitions or similar activity which is conducted on a public street and is an official part of a public event. The term “public event” means any festival, celebration, fair, rally, sporting event or similar occurrence which is open to the public and is conducted, at least in part, on town streets or other town-owned property.

B.    No person shall commit any offense enumerated by this chapter or commit a crime against a person or persons while attending or in conjunction with a public event. Any person who engages in such conduct or commits a felony while attending or in conjunction with a public event may be ordered removed from the property on which the event is held by any person(s) having lawful authority over the event or by a law enforcement officer. Such an order may prohibit the person from returning to the property on which the event is held for the duration of the event if there is cause to believe that further violations would occur if the person were allowed to return. Such order shall apply to event areas both on and off public streets. Any violation of such an order lawfully issued shall constitute criminal trespass.

C.    Any violation of this section shall constitute a misdemeanor and be punishable by a fine not to exceed five hundred dollars ($500.00), and/or by a jail sentence not to exceed ninety (90) days. (Ord. 345 § 6, 1994)

9.08.070 Urinating in public.

It is unlawful for any person to urinate or defecate in a public place other than washroom or toilet room or other facility specifically designated and intended for that use. (Amended during 1996 codification; Ord. 345 § 7, 1994)