Chapter 9.20
MISCELLANEOUS CRIMES1

Sections:

9.20.010    Disorderly persons defined and enumerated.

9.20.020    Violation – Penalty.

9.20.030    Conspiracy.

9.20.040    Riot.

9.20.050    Failure to disperse.

9.20.090    Hunting.

9.20.100    Tormenting or harassing birds and animals.

9.20.110    Unlawful discharge of a laser in the second degree.

9.20.010 Disorderly persons defined and enumerated.

The following persons are declared to be disorderly persons:

A. Any person found intoxicated from the use of illegal drugs, in any public place in the city; or

B. Any person fighting or encouraging others to fight in any public place in the city; or

C. Any person who, by noisy, riotous or tumultuous conduct, disturbs the quiet and peace of the city, or of any meeting or assemblage therein, between the hours of 9:00 p.m. and 7:00 a.m.; or

D. Any person who uses, in the presence of another person, vulgar, profane, or indecent language, or who makes any vulgar, profane, obscene or indecent gesture, under circumstances which create a reasonable fear of imminent assault; or

E. Any person who intentionally obstructs vehicular or pedestrian traffic:

1. By the linking of arms or joining of hands, lying down, sitting or standing in the street or public right-of-way thus preventing the flow of vehicular or pedestrian traffic, or by placing a parked vehicle or other objects in such a manner to obstruct the flow of traffic; or

2. Obstructs pedestrian or vehicular traffic and refuses or intentionally fails to cease such activity when ordered to do so by a police officer; or

F. Any person who intentionally inhales vapors or fumes of any substance listed in RCW 9.47A.010 as it currently exists, or as it may be amended, for the purpose of inducing euphoria, hallucination or intoxication, except as authorized by law; or

G. Any person who visits or resorts to any place with knowledge that any of the above acts are being conducted, practiced or carried on illegally therein;

H. It shall be an affirmative defense to the crime of disorderly conduct that the action constituting disorderly conduct was permitted by the city pursuant to a permit issued. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 §§ 1.14.010, 1.14.020, 1977].

9.20.020 Violation – Penalty.

It is illegal to be a disorderly person in the city of West Richland, as defined in WRMC 9.20.010. Every person convicted of a violation of any provision of this chapter shall be guilty of disorderly conduct, a misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012].

9.20.030 Conspiracy.

It is unlawful for any person, with intent that conduct constituting a crime be performed, to agree with one or more persons to engage in or cause the performance of such conduct. Every person who is convicted of a violation of the provisions of this section shall be guilty of conspiracy. When an object of the conspiratorial agreement is a Class C felony, as defined by the laws of the state of Washington, Chapter 9A.28 RCW, conspiracy is a gross misdemeanor. When an object of the conspiratorial agreement is another misdemeanor or gross misdemeanor, conspiracy is a misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.12.010, 1977].

9.20.040 Riot.

It is unlawful for any person, acting with three or more persons, to knowingly and unlawfully use or threaten to use force, or in any way participate in the use of such force against any other person or against property. Every person who is convicted of a violation of the provisions of this section shall be guilty of riot, a gross misdemeanor, unless the actor is armed with a deadly weapon, which is a Class C felony under Chapter 9A.84 RCW. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.12.020, 1977].

9.20.050 Failure to disperse.

It is unlawful for any person to congregate with a group of three or more other persons at such times as there are acts of conduct within the group which create a substantial risk of causing injury to any person, or substantial harm to property, and to refuse or fail to disperse when ordered to do so by a peace officer engaged in enforcing or executing the law. Every person who is convicted of a violation of the provisions of this section shall be guilty of failure to disperse, a misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.12.030, 1977].

9.20.090 Hunting.

A. It is unlawful for any person to hunt any bird or animal within the city limits of the city of West Richland, except in areas of the city that may be designated by resolution of the city council, and during such times as may be so designated. Every person convicted of a violation of the provisions of this section shall be guilty of a misdemeanor.

B. All previous council approved exceptions to this section shall be terminated, effective on the date the ordinance codified in this chapter is approved. All future requests for exceptions shall be submitted, in writing, to the city. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.12.080, 1977. Formerly 9.16.010].

9.20.100 Tormenting or harassing birds and animals.

It is unlawful for any person to willfully torment or harass any game bird, game animal, or any species of bird or animal protected under the rules or regulations promulgated by the Washington State Game Commission; provided, however, that nothing contained in this section shall apply to birds or animals which are lawfully hunted in areas of the city designated by resolution of the city council during such times as may be so designated. Every person convicted of a violation of this section shall be guilty of a misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012; Ord. 251 § 1.12.090, 1977. Formerly 9.16.020].

9.20.110 Unlawful discharge of a laser in the second degree.

A. A person is guilty of unlawful discharge of a laser in the second degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to unlawful discharge of a laser in the first degree or malicious mischief in the first or second degree:

1. At a person, not described in RCW 9A.49.020(1)(a) through (f), who is operating a motor vehicle at the time, causing an impairment of the safety or operation of a motor vehicle by negatively affecting the driver; or

2. At a person described in RCW 9A.49.020(1)(b) through (f), causing a substantial risk of an impairment or interruption as described in RCW 9A.49.020(1)(b) through (f); or

3. At a person in order to intimidate or threaten that person.

B. Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the second degree is a gross misdemeanor. [Ord. 36-12 § 2 (Att. A), 2012].


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Editor’s Note: For statutory provisions on public disturbance, see Chapter 9A.84 RCW; for provisions on disorderly conduct, see RCW 9A.84.030. For statutory provisions on fish and game, see RCW Title 77.