Chapter 8.30
OFFENSES AGAINST PUBLIC ORDER*
Sections:
8.30.010 Statutes adopted by reference.
8.30.020 Disorderly conduct – First degree.
8.30.030 Disorderly conduct – Second degree.
8.30.040 Public noise disturbance.
8.30.060 Compliance with code enforcement notification.
* Prior ordinance history: Ord. 863.
8.30.010 Statutes adopted by reference.
The following sections of the Revised Code of Washington as presently constituted or hereinafter amended, are adopted by reference as a part of the Sumas Municipal Code:
RCW section(s):
9A.84.010 Riot
9A.84.020 Failure to Disperse
9A.84.040 False Reporting
(Ord. 1638 § 2, 2014: Ord. 1601 § 1, 2012: Ord. 994 § 1, 1989)
8.30.020 Disorderly conduct – First degree.
A person is guilty of disorderly conduct if he/she:
a. Uses abusive language and thereby intentionally creates a risk of assault; or
b. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or
c. Intentionally obstructs pedestrian or vehicular traffic without lawful authority; or
d. Causes, provokes or engages in any fight or brawl. Any conviction under this subsection may be designated a crime of “domestic violence” if facts relevant to such conviction comply with RCW 10.99.020(3) as adopted by Section 8.02.010; or
e. Makes or causes to be made any loud or boisterous noise which unreasonably disturbs the peace, comfort and repose of others, or permits such public disturbance to be made at any residence or business under his charge or control.
Any person found guilty of a violation of the provisions of this section shall be deemed guilty of a misdemeanor. (Ord. 1638 § 3, 2014: Ord. 1601 § 2, 2012: Ord. 994 § 2, 3, 1989)
8.30.030 Disorderly conduct – Second degree.
A person commits the offense of disorderly conduct in the second degree if he/she:
a. Intentionally engages in any conduct which tends to or does disturb the public peace, provoke disorder or endangers the safety of others and that has not been found to be a violation of Section 8.30.010.
b. Urinating in Public. Intentionally urinates or defecates in a public place, other than a washroom or toilette room, under circumstances where such acts could be observed by any member of the public. As used in this subsection, a “public place” is an area generally visible to the public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the ground enclosing them.
A person found to have committed a violation of this section shall be punished as follows:
a. First Offense. The first offense within a five-year period shall be deemed a civil infraction and shall be punished by a penalty of not more than six hundred dollars, including all costs and assessments, and not less than one hundred dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
b. Second Offense. A second or subsequent offense within a five-year period shall be deemed a civil infraction and shall be punished by a penalty of not more than seven hundred dollars, including all costs and assessments, and not less than two hundred dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
Law enforcement officers commissioned by the city are authorized to issue a notice of infraction upon certification that the officer has probable cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 1638 § 4, 2014)
8.30.040 Public noise disturbance.
(A) It is unlawful for any person to cause, or for a person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises:
1. Frequent, repetitive or continuous sounds in connection with starting, operation, repair, rebuilding or testing any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residentially zoned area, so as to unreasonably disturb or interfere with the peace, comfort and repose of others.
2. Frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of a person or persons on public or private property, other than the property from which the sound emanates, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings.
3. Sound from pounding, striking, or otherwise impacting the wall, ceiling, floor, exterior or other portion of any building, structure, home, apartment, or condominium, which unreasonably interferes with the peace, comfort and repose of a person or persons residing therein or in an adjacent or adjoining apartment or condominium.
4. 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 feet from the source and outside the property of the operator.
5. Construction and industrial noises, including, but not limited to, motorized construction and equipment operation, hammering, blasting, drilling and sawing in residentially zoned areas, between the hours of ten p.m. and seven a.m., which unreasonably disturb or interfere with the peace, comfort and repose of others; provided, that this subsection shall not apply to noises caused by projects required in an emergency to repair public facilities or utilities or to prevent immediate damage or harm to persons or property; and further provided, that this subsection shall not apply if the city council grants a variance from the provisions of this subsection for the construction or repair of a public facility or utility upon a finding that it is either necessary or in the public interest for all or a portion of the work to be performed between the hours of ten p.m. and seven a.m. The council may impose such conditions as it deems appropriate upon the granting of a variance.
(B) Penalties.
1. Any person violating this section shall, upon commission of the first such offense, be guilty of having committed a civil infraction, and shall be punished by a fine not to exceed two hundred fifty dollars.
2. Any person violating this section shall, upon conviction for a second or subsequent offense, be deemed guilty of a misdemeanor. (Ord. 1638 § 5, 2014)
8.30.060 Compliance with code enforcement notification.
It is unlawful for a person to knowingly engage in, or continue, any construction, development or business activity which has been prohibited or ordered to stop by any notice, order, stop work order, or other directive issued by the city pursuant to the provisions of the Sumas Municipal Code, provided such stop work order has been posted on, or on the right-of-way adjacent to, the site of the activity, or delivered to such person.
Any person found guilty of a violation of the provisions of this section shall be deemed guilty of a misdemeanor. (Ord. 1645 § 1, 2014)