Chapter 9.08
MISCELLANEOUS OFFENSES

Sections:

9.08.010    Aggressive begging.

9.08.020    Disorderly conduct.

9.08.030    Permitting use of marijuana.

9.08.040    Police dogs – Tormenting.

9.08.050    Auto towing services – Prohibited.

9.08.060    Harassment.

9.08.070    Mutual combat.

9.08.080    State massage practitioner license required – Violation is misdemeanor – Inspections – Definitions.

9.08.090    Leaving child unattended in vehicle.

9.08.100    Pedestrian interference.

9.08.110    Disrupting meetings and processions.

9.08.120    Obstructing highways and other public passages.

9.08.130    Garage sales, yard sales, patio sales, rummage sales, flea markets, or swap meets – Restrictions.

9.08.140    Business or professional license – Revocation, cancellation, suspension, other.

9.08.010 Aggressive begging.

A.    It is a crime for any person to engage in aggressive begging in any public place in the city, as those terms are defined by this section.

B.    Definitions. As used in this section:

1.    “Aggressive begging” means to beg with intent to intimidate another person into giving money or goods.

2.    “Beg” means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means.

3.    “Intimidate” means to coerce or frighten into submission or obedience.

4.    “Public place” means any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel, that is in common use by the public with the consent, expressed or implied, of the owner or owners, and further, any public playgrounds, school grounds, recreation grounds, parks, parkways, park drives, park paths and wharves, station grounds and rights-of-way open to the use of the public.

C.    A person who violates this section shall be guilty of a misdemeanor.

(Ord. O2010-022, Added, 12/21/2010)

9.08.020 Disorderly conduct.

A person is guilty of disorderly conduct if he or she:

A.    Intentionally engages in any conduct which tends to or does disturb the public peace, provoke disorder or endanger the safety of others; or

B.    Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or

C.    Intentionally obstructs vehicular or pedestrian traffic without lawful authority.

Any person who violates this section shall be guilty of a misdemeanor.

(Ord. O2010-022, Added, 12/21/2010)

9.08.030 Permitting use of marijuana.

Any person who knowingly permits any person under the age of twenty-one to use marijuana on or in his or her premises, automobile, trailer or vehicle, or on or in any premises, automobile, trailer or vehicle under his or her control, shall be guilty of a misdemeanor.

(Ord. O2016-002, Amended, 02/16/2016; Ord. O2010-022, Added, 12/21/2010)

9.08.040 Police dogs – Tormenting.

It is unlawful for any person to willfully or maliciously torture, torment, harass, beat, kick or strike any dog used by any police officer in discharging or attempting to discharge any legal duty or power of his office. Any person who violates this section is guilty of a gross misdemeanor.

(Ord. O2010-022, Added, 12/21/2010)

9.08.050 Auto towing services – Prohibited.

It is unlawful for the operator or driver of any wrecker or towing vehicle to intercept or monitor police calls by short-wave radio or otherwise, for the purpose of going to the scene of a disabled motor vehicle. Any person who violates this section is guilty of a misdemeanor.

(Ord. O2016-002, Amended, 02/16/2016; Ord. O2010-022, Added, 12/21/2010)

9.08.060 Harassment.

Every person who shall, without lawful authority, by word, sign, or gesture, willfully provoke or attempt to provoke another person to commit an assault, as defined by RCW 9A.36.041, shall be guilty of a misdemeanor.

A person willfully provokes or attempts to provoke another person to commit an assault when the person threatens:

A.    To cause bodily injury immediately or in the future to the person threatened or to any other person; or

B.    To cause physical damage to the property of a person other than the actor; or

C.    To subject the person threatened or any other person to unlawful physical confinement or restraint; or

D.    Maliciously to do any other act which is intended to harm substantially the person threatened or another with respect to his or her physical or mental health, safety, financial condition, or personal relationships, and the person by words or conduct places the person threatened in reasonable fear the threat will be carried out.

(Ord. O2016-002, Amended, 02/16/2016; Ord. O2010-022, Added, 12/21/2010)

9.08.070 Mutual combat.

A person is guilty of a misdemeanor if he engages in or provokes combat with another person or persons upon the streets, walks or other areas of the city open to the public, or upon unauthorized private areas, unless such combat constitutes regularly scheduled and sanctioned sporting events such as boxing, wrestling, or the martial arts, where safety precautions are taken to reduce serious physical injury.

(Ord. O2010-022, Added, 12/21/2010)

9.08.080 State massage practitioner license required – Violation is misdemeanor – Inspections – Definitions.

A.    It shall be unlawful for any person to practice or represent himself or herself as a massage practitioner in the city of Tumwater without first applying for and receiving a license to practice from the State Department of Licensing pursuant to RCW 18.108.030. Failure to have a license as required by this section shall be a misdemeanor.

B.    To the extent authorized by RCW 18.108.190, city law enforcement personnel shall have the authority to inspect the premises of any business where massages are given.

C.    For purposes of this section, “massage” and “massage practitioner” shall have the meanings set forth in RCW 18.108.010.

(Ord. O2010-022, Added, 12/21/2010)

9.08.090 Leaving child unattended in vehicle.

It is unlawful for any person, while in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place leaving a child under the age of eight years unattended therein; except where another responsible person over twelve years of age has immediate control over such children and is physically present in the vehicle. A violation of this section constitutes a misdemeanor.

(Ord. O2010-022, Added, 12/21/2010)

9.08.100 Pedestrian interference.

A.    A person is guilty of pedestrian interference if, in a public place, he or she intentionally:

1.    Obstructs pedestrian or vehicular traffic, without lawful authority.

B.    The following definitions apply in this section:

1.    “Intimidate” means to engage in conduct which would make a reasonable person fearful or feel compelled.

2.    “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to TMC Chapter 12.28, shall not constitute obstruction of pedestrian or vehicular traffic.

3.    “Public place” 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.    Pedestrian interference is a misdemeanor.

(Ord. O2016-002, Amended, 02/16/2016; Ord. O2010-022, Added, 12/21/2010)

9.08.110 Disrupting meetings and processions.

A person commits a misdemeanor if, with purpose to prevent or disrupt a lawful meeting, procession or gathering, he or she does any act tending to obstruct or interfere with it physically, or uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace, or makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace.

(Ord. O2016-002, Amended, 02/16/2016; Ord. O2010-022, Added, 12/21/2010)

9.08.120 Obstructing highways and other public passages.

A.    A person who, having no legal privilege to do so, purposely or recklessly obstructs any highway or other public passage, whether alone or with others, or in the case he persists after warning by a law officer, is guilty of a misdemeanor. No person shall be deemed guilty of recklessly obstructing in violation of this section solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such gathering. “Obstructs” means renders impassable without imposing unreasonable inconvenience or hazard.

B.    A public passage means a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction.

C.    A person in a gathering commits a violation if he refuses to obey a reasonable official request or order to move:

1.    To prevent obstruction of a highway or other public passage; or

2.    To maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.

(Ord. O2016-002, Amended, 02/16/2016; Ord. O2010-022, Added, 12/21/2010)

9.08.130 Garage sales, yard sales, patio sales, rummage sales, flea markets, or swap meets – Restrictions.

A.    No individual seller, household, home address, group, or family shall be permitted to have more than two garage sales per calendar year. The length of time for garage sales shall not exceed three consecutive days. Goods displayed in any garage sale may not be displayed in the public right-of-way. The sales shall be conducted only between the hours of 8:00 a.m. and 8:00 p.m. See TMC Chapter 18.44 for regulation of signs related to such sales.

B.    For public safety purposes all merchandise offered for sale to the public shall be arranged so that fire, police, health, or other city officials may have access for inspection at all times during the sale. Additionally, police officers of the city shall have access at all times to the premises upon which garage sales, yard sales, patio sales, rummage sales, flea markets, or swap meets which are open to the public are conducted and may examine any merchandise present at such sales when such officers are in the performance of their duties.

C.    The provisions of this section do not apply to transactions conducted by the following:

1.    Motor vehicle dealers licensed under Chapter 46.70 RCW;

2.    Vehicle wreckers or hulk haulers licensed under Chapter 46.79 or 46.80 RCW;

3.    Persons, firms, corporations, partnerships or associations giving an allowance for the trade-in or exchange of second-hand property on the purchase of other merchandise of the same kind or greater value; or

4.    Charity sales with the proceeds going to charities and nonprofit businesses.

D.    Any person, firm, or corporation violating or failing to comply with any provision of this chapter shall be deemed guilty of a misdemeanor, as prescribed in TMC 1.12.010.

(Ord. O2017-007, Amended, 11/05/2018; Ord. O2016-002, Amended, 02/16/2016; Ord. O2010-022, Added, 12/21/2010)

9.08.140 Business or professional license – Revocation, cancellation, suspension, other.

A violation of this chapter may also result in the revocation, cancellation, suspension, or other similar sanction against the business license issued by the city, pursuant to TMC Chapter 5.04 as written or hereafter amended.

(Ord. O2010-022, Added, 12/21/2010)