Chapter 9.17


9.17.010    Title.

9.17.020    Interpretation of words and phrases.

9.17.030    Principal defined.

9.17.040    Attempted crime.

9.17.050    Severability.

9.17.060    Injuring or tampering with fire alarm apparatus or equipment or firefighting equipment – Sounding false alarm of fire.

9.17.070    Unauthorized riding on fire department equipment prohibited.

9.17.190    Sanitation requirements.

9.17.200    Traffic regulations.

9.17.210    Personal conduct – Certain activities restricted.

9.17.220    Golf activities prohibited where.

9.17.230    Loud speakers – Use restrictions.

9.17.260    Trees – Climbing and other injurious acts prohibited.

9.17.270    Water inconveniencing public ways prohibited.

9.17.300    Public areas and buildings – Destructive acts and obstructions prohibited.

9.17.305    Graffiti prohibited.

9.17.310    Survey monuments or corner posts – Defacing or removing prohibited when.

9.17.320    Violation of TMC 9.17.060 through 9.17.310 – Penalty.

9.17.010 Title.

This chapter shall be referred to and known as the “Toppenish penal code” and reference to “the city” herein means the city of Toppenish. (Ord. 2006-4 § 1, 2006).

9.17.020 Interpretation of words and phrases.

Unless the context thereof indicates to the contrary, words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter gender; and words and phrases used herein in the singular or plural shall include the singular and plural. (Ord. 2006-4 § 1, 2006).

9.17.030 Principal defined.

Every person concerned in the commission of a gross misdemeanor, misdemeanor or infraction in violation of any city ordinance, whether he directly commits the act constituting the offense or aids or abets in its commission, and whether present or absent; and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a gross misdemeanor, misdemeanor or infraction, is a principal and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him. (Ord. 2006-4 § 1, 2006).

9.17.040 Attempted crime.

Any act done with intent to commit a crime or an infraction, intending but failing to accomplish it, is an attempt to commit that crime or infraction, and every person who is convicted of attempting to commit a crime or an infraction unless prescribed by ordinance shall be punished in the same manner as if that crime or infraction had been accomplished. (Ord. 2006-4 § 1, 2006).

9.17.050 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2006-4 § 1, 2006).

9.17.060 Injuring or tampering with fire alarm apparatus or equipment or firefighting equipment – Sounding false alarm of fire.

Any person who willfully and without cause tampers with, molests, injures or breaks any public or private firm alarm apparatus, emergency phone or radio, or other wire or signal, or any firefighting equipment, or who willfully and without having reasonable grounds for believing a fire exists, sends, gives, transmits or sounds any false alarm of a fire, by shouting in a public place or by means of any public or fire alarm system or signal, or by telephone, is guilty of a misdemeanor. This provision shall not prohibit the testing of fire alarm systems by persons authorized to do so, or by the fire department. (Ord. 2006-4 § 1, 2006).

9.17.070 Unauthorized riding on fire department equipment prohibited.

It is unlawful for anyone other than an active fireman of the city, except for those individuals otherwise specifically authorized by the fire chief, to get upon or ride upon any of the engines, vehicles or other apparatus of the fire department. Anyone violating any of the provisions of this section shall be deemed guilty of a misdemeanor. (Ord. 2010-22 § 4, 2010; Ord. 2006-4 § 1, 2006).

9.17.190 Sanitation requirements.

No person in a park shall:

A. Throw, discharge, or otherwise place or cause to be placed in the waters of any foundation, pond, lake, stream or other body of water in or adjacent to any park or tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters;

B. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any part, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed elsewhere. (Ord. 2006-4 § 1, 2006).

9.17.200 Traffic regulations.

No person in a park shall:

A. Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this and other chapters;

B. Fail to obey all traffic officers and park employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director;

C. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safeguard life and property;

D. Ride or drive a vehicle at a rate of speed exceeding 15 miles per hour;

E. Drive any vehicle on any area except the paved park roads and parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the director. (Ord. 2006-4 § 1, 2006).

9.17.210 Personal conduct – Certain activities restricted.

No person in a park shall:

A. Protractedly sleep or lounge on the seats, or benches or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace;

B. Ride a horse except on the roadways or areas specifically designated and marked for use by horseback riding. Horses shall be restrained and ridden with due care. They shall not be allowed to go unattended, nor shall they be hitched to any rock, tree or shrub;

C. Wash, polish, overhaul or repair any motor vehicles. (Ord. 2006-4 § 1, 2006).

9.17.220 Golf activities prohibited where.

It is unlawful to play golf or to hit golf balls in any public park within the city. (Ord. 2006-4 § 1, 2006).

9.17.230 Loud speakers – Use restrictions.

It is unlawful for any person or corporation to use or authorize the use of any loud speaker, including loud speakers in an automobile, public announcing equipment, or other electrical or mechanical device for magnifying sound outdoors within the limits of the city at any time except as specifically authorized by the city manager or his designee. (Ord. 2006-4 § 1, 2006).

9.17.260 Trees – Climbing and other injurious acts prohibited.

No person shall break, peel, cut, deface (by posting bills of any description or otherwise), injure or destroy any of the trees growing, or which shall hereafter be planted, in any street or public place within the city. (Ord. 2006-4 § 1, 2006).

9.17.270 Water inconveniencing public ways prohibited.

No person shall willfully suffer any spout to cast water upon any sidewalk, street or alley to the injury or inconvenience of passengers or to the damage of the street. (Ord. 2006-4 § 1, 2006).

9.17.300 Public areas and buildings – Destructive acts and obstructions prohibited.

No person shall cut, remove or deface or in any manner injure any fence, gate or enclosure placed around any public square, or break into, injure or unlawfully occupy any building belonging to or under the control of the city, or unlawfully place or cause to be placed upon such public square or other public property any unauthorized merchandise, debris or other article or thing. (Ord. 2006-4 § 1, 2006).

9.17.305 Graffiti prohibited.

No person shall knowingly create or place graffiti on the property of another. For purposes of this section, “graffiti” means unauthorized markings, visible from premises open to the public, that have been created or placed upon any property through use of paint, ink, chalk, dye or any other substance capable of marking property. (Ord. 2006-4 § 1, 2006).

9.17.310 Survey monuments or corner posts – Defacing or removing prohibited when.

No person shall dig up, remove or deface any survey monument or corner post or stake now or hereafter planted or established by the city engineer, or by his authority, within the limits of the city. (Ord. 2006-4 § 1, 2006).

9.17.320 Violation of TMC 9.17.060 through 9.17.310 – Penalty.

Any person violating any of the provisions of TMC 9.17.260 through 9.17.310 shall be guilty of a misdemeanor and, upon conviction, shall be punished in accord with the provisions of TMC 9.05.070 and shall be further liable in a civil action for the expense of repairing, replacing or reestablishing any such damaged property. (Ord. 2006-4 § 1, 2006).