Chapter 9.08
OFFENSES AGAINST PUBLIC ORDER
Sections:
9.08.030 Offenses in public designated.
9.08.040 Disturbing the peace – Unlawful.
9.08.050 Penalties for gang-related violations.
9.08.070 Repealed.
9.08.010 Definitions.
A. “Obstruct,” for the purpose of this chapter, means to render impassable and thereby subject passersby to unreasonable inconvenience or hazard.
B. “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.
C. “School” has its ordinary meaning and also includes colleges, community colleges and institutions of higher education. (Ord. 1020 § 3, 2017; Ord. 213 § 4(A), 1977).
9.08.020 Disorderly conduct.
A person is guilty of disorderly conduct if without lawful authority he knowingly:
A. Is involved in conduct and/or uses abusive language which causes clear and imminent danger of assault, riot or other public disorders which endanger the safety of others;
B. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;
C. Obstructs pedestrian or vehicular traffic without lawful authority;
D. Appears in a public place under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct that annoys another person in his or her vicinity. (Ord. 1020 § 3, 2017; Ord. 924 § 1, 2010; Ord. 213 § 4(B), 1977).
9.08.030 Offenses in public designated.
It is unlawful for a person in public to:
A. Refuse to pay proper fare in public conveyances; or
B. Open or drink any intoxicating liquor in a public conveyance or public place not previously authorized by law; or
C. Sell any liquor to any person apparently under the influence of liquor; or
D. Provoke or engage in combat with another person or persons; or
E. Expectorate upon the floor, walls or furniture of any public conveyance or public building; or
F. Intentionally throw any object 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
G. Commit an assault or an assault and battery upon another person not amounting to assault in either the first, second or third degree as those terms are defined in RCW 9A.36.010 through 9A.36.030, or commit the crime of riot as defined in RCW 9A.84.010; or
H. Hand out or distribute handbills, posters, or other purely commercial advertising matter upon the streets, walks, or other public areas of the city. (Ord. 1020 § 3, 2017; Ord. 213 § 4(E), 1977. Formerly 9.08.050).
9.08.040 Disturbing the peace – Unlawful.
It is unlawful for any person, by noisy, riotous or tumultuous conduct, or by fighting or quarreling or encouraging other persons to fight or quarrel, to disturb the quiet and peace of the city or of any meeting, assemblage or public affair in the city. (Ord. 1020 § 3, 2017; Ord. 239 § 1, 1980. Formerly 9.08.060).
9.08.050 Penalties for gang-related violations.
If the court finds that a person convicted of a violation of RCW 9A.36.021, Simple Assault; 9A.36.050, Reckless Endangerment; 9A.36.070, Coercion; 9.61.230, Intimidating Phone Calls; 9A.46.120, Harassment; 9.08.020, Disorderly Conduct; 9A.84.010, Riot; 9.08.040, Disrupting School Activities; 9A.48.090, Malicious Mischief; or 9A.52.080, Criminal Trespass, intentionally committed the acts necessary for conviction because of such person’s perception of the race, color, religion, ancestry, national origin, group association, gender, sexual orientation, or mental, physical or sensory handicap of the victim or victims, or that the violation was part of a gang initiation or gang activity, the court shall impose a minimum fine of not less than $500.00 and a minimum jail sentence of not less than five days for each such offense. Neither the mandatory minimum jail sentence nor the mandatory minimum fine shall be suspended or deferred, nor shall the jail sentence be served by alternate means. For purposes of this section the terms “gang,” “gang activity,” “gang initiation” and “gang member,” are defined as follows:
A. “Gang” means two or more people who form an allegiance for a common purpose and engage in unlawful activity.
B. “Gang activity” means the committing of unlawful activities by gang members or unlawful activities that involve gang behavior such as symbols, slogans, graffiti and other known indications of gang involvement.
C. “Gang initiation” means the engaging in unlawful activity for the purpose of being accepted as a member of a gang.
D. “Gang member” means a person who, by reason of admission or other competent evidence, is shown to be a member of a gang. Such evidence may include evidence of tattoos, club rosters, attendance lists, distinct and recognizable clothing or other competent evidence. (Ord. 1020 § 3, 2017; Ord. 508 § 3, 1994. Formerly 9.08.080).
9.08.070 Domestic violence – Adoption of RCW section(s) by reference.
Repealed by Ord. 1020. (Ord. 403 § 1, 1991).