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HomeMy WebLinkAbout3484 Ordinance C ORDINANCE NO. 3484 AN ORDINANCE repealing Chapter 9.04, creating Chapter 9.06 and amending Chapter 9.08, Sections .010, .050 and .090 of the Pasco Municipal Code. WHEREAS, certain language in Title 9 of the Pasco Municipal Code is in need of modification, correction or defining to have consistent meaning and continuity within the Code and with the Revised Code of Washington and to make the Code easier to use and understand; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES ORDAIN AS FOLLOWS: § 1. Chapter 9.04 entitled "Disturbing the Peace - Disorderly Conduct" shall be and hereby is repealed in its entirety. § 2. Chapter 9.06 of the Pasco Municipal Code is created to read as follows: CHAPTER 9.06 OFFENSES AGAINST PEACE AND ORDER Sections: 9.06.010 Disorderly conduct. 9.06.020 Failure to disperse. 9.06.030 Simple assault. 9.06.040 Domestic violence. 9.06.050 Interfering with reporting domestic violence. 9.06.060 Malicious harassment. 9.06.070 Reckless endangerment in the second degree. 9.06.080 Disorderly place. 9.06.090 Contributing to the delinquency of a minor. 9.06.100 Failure to supervise child. 9.06.010 DISORDERLY CONDUCT. (1) A person is guilty of disorderly conduct if that person does, with intent to cause or recklessly create a risk of public inconvenience, annoyance or alarm: (a) Make noise which unreasonably disturbs another; or (b) Disrupts any lawful assembly or meeting of persons without lawful authority; or (c) Engages in fighting or in violent, tumultuous, or threatening behavior; or -1- (d) Uses any obscene or abusive language, or gestures in a manner likely to provoke a violent or disorderly response. (2) This section shall not be construed to limit the use by any person of a socially impermissible word merely as a tool of communication. Mere words, used as a tool of communication, are constitutionally protected. Constitutional protection fails, however, when: (a) By the manner of their use, the words invade the rights of others to pursue their lawful activities, or (b) By their very utterance, they inflict injury or tend to incite an immediate breach of the peace. The enforcement of this section shall be limited by this construction. (3) Disorderly Conduct is a misdemeanor. 9.06.020 FAILURE TO DISPERSE. (1) A person is guilty of failure to disperse if: (a) He or she congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and (b) He or she refuses or fails to disperse when ordered to do so by a police officer or other public servant engaged in enforcing or executing the law. (2) Failure to disperse is a misdemeanor. 9.06.030 SIMPLE ASSAULT. (1) No person may willfully use, or threaten to use by purposeful words or acts, unlawful physical force against the person of another. (a) The definition of use of force shall be that force as defined under RCW 9A.16.020. (2) Any defense available to a person charged with the crime of "Assault in the Fourth Degree" under RCW 9A.36.041, shall also be a defense to the crime of Simple Assault under this section. (3) Any crime charged under this section shall be a gross misdemeanor. 9.06.040 DOMESTIC VIOLENCE. (1) The purpose of this section of the Pasco Municipal Code is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse that the law and those who enforce it can possibly provide. (2) Definitions: (a) "Family or household member" means former spouses, adult persons related by blood or marriage, persons who are presently residing -2- together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. (b) "Domestic Violence" includes but is not limited to any of the following crimes when committed by one family or household member against another: (i) Assault in the fourth degree (RCW 9A36.041 & Simple Assault PMC 9.06.030). (ii) Reckless endangerment in the second degree (RCW 9A36.050 & PMC 9.06.070). (iii) Coercion (RCW 9A.36.070 & PMC 9.64.150). (iv) Criminal trespass in the first degree (RCW 9A.52.070 & PMC 9.54.020(1)). (v) Criminal trespass in the second degree (RCW 9A.52.080 & PMC 9.54.020(2)). (vi) Destruction or removal of property (PMC 9.54.090). (vii) Violation of the provisions of a restraining order or protection order restraining the person or excluding the person from a residence (RCW 26.09.300, 26.50.060, 26.50.070, 26.50.110, 26.50.130, 26.52.070, or 74.34 & PMC 9.03.010). (c) "Victim" means a family or household member who has been subjected to domestic violence. (3) SIMPLE ASSAULT—DOMESTIC VIOLENCE: No person may, as a family or household member, willfully use or threaten to use by purposeful words or acts, unlawful physical force against another member of the same family or household. (4) Any defense available to a person charged with the crime of "Assault in the Fourth Degree" under RCW 9A.36.041, shall also be a defense to the crime of Simple Assault—Domestic Violence under this section. (5) Any crime charged under this section shall be a gross misdemeanor. 9.06.050 INTERFERING WITH REPORTING DOMESTIC VIOLENCE. (1) A person commits the crime of interfering with reporting domestic violence if the person: (a) Commits a crime of domestic violence as defined in section .040 above; and (b) Prevents or attempts to prevent, the victim of or a witness to that domestic violence crime from calling the 911 emergency communication system, or from obtaining medical assistance, or from making a report to any law enforcement official. (2) Commission of a crime of domestic violence under subsection (1) of this section is a necessary element of the crime of interfering with reporting domestic violence. -3- (3) Interfering with reporting domestic violence is a gross misdemeanor. 9.06.060 MALICIOUS HARASSMENT. A person is guilty of malicious harassment if he or she maliciously and with the intent to intimidate or harass another person: (1) By words or conduct places another person in reasonable fear of harm to his person or property or harm to the person or property of a third person; or (2) By words or conduct places another person in severe emotional distress. For purposes of this section "severe emotional distress" means emotional distress of such quality that no reasonable person in civilized society should be expected to endure it; and may consist of any highly unpleasant mental reaction, such as fright, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment or worry. Malicious harassment is a gross misdemeanor. 9.06.070 RECKLESS ENDANGERMENT IN THE SECOND DEGREE. A person is guilty of reckless endangerment in the second degree when he or she recklessly endangers, in conduct not amounting to reckless endangerment in the first degree as defined by RCW 9A.36.045, but which creates a substantial risk of death or serious physical injury to another person. Reckless Endangerment is a gross misdemeanor. 9.06.080 DISORDERLY PLACE. (1) A person is guilty of maintaining a disorderly place, if: (a) He or she is the owner, operator, or manager of a place of public accommodation; and (b) He or she willfully allows a breach of the peace or disturbance of public order or decorum by noisy, riotous, or disorderly conduct or otherwise keeps the place in a disorderly manner. (2) Maintaining a disorderly place is a misdemeanor. 9.06.090 CONTRIBUTING TO THE DELINQUENCY OF A MINOR. It is unlawful for anyone, by act or omission, knowingly to encourage or cause a child under the age of eighteen (18) years to violate any law of the United States, the State of Washington, or any ordinance of the City of Pasco, or County of Franklin. Contributing to the delinquency of a minor is a misdemeanor. 9.06.100 FAILURE TO SUPERVISE CHILD. (1) It is unlawful for any parent, parents, or legal guardians, or any other person having the care or custody of a child under the age of eighteen (18), to fail to properly supervise and care for such child, in that -4- such failure of supervision or care contributes to the child violating any law of the United States, the State of Washington, or any ordinance of the City of Pasco, or County of Franklin. (2) It is unlawful for any parent, parents or legal guardians, or any other person having the care or custody of a child under the age of eighteen (18) to: (a) Fail to provide a home or settled place of abode; or (b) Fail to exercise proper parental control of such child; or (c) Neglect, inflict cruelty or depravity upon or fail to provide a fit place for such child to live; or (d) Allow such child to frequent the company of reputed criminals, vagrants or prostitutes; or (e) Allow such child to live in a house of prostitution or assignation; or (f) Allow such child to visit any saloon or place where spiritus, venous or malt liquors are consumed or sold, bartered or given away; or (g) Allow such child to do activities beyond their control and power without seeking the assistance of appropriate state or local authorities; or (h) Allow such child to lead an idle, dissolute or immoral life; or (i) Suffer such child to be truant; or 0) Allow such child to use unlawful drugs, narcotics or other controlled substances; or (k) Grossly and willfully neglect any medical care necessary for the well being of such child. (3) Failure to supervise a child is a misdemeanor. § 3. Section 9.08.010 of the Pasco Municipal Code is amended to read as follows (deletions by interlineation, additions by underlining): 9.080.010 CRIME OF HARASSMENT—PENALTIES. (1) A person is guilty of harassment if: (a) Without lawful authority, the person knowingly threatens: (i) To cause bodily injury in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property of a person other than the actor; or (iii) To subject the person threatened or any other person to physical confinement or restraint; or (iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical own health or safety; and (b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out; and (c) The person is not guilty of a felony as defined in subsection (2) below. -5- (2) A person who harasses another is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW, except that the person is guilty of a class C felony if either of the following applies: (a) The person has previously been convicted in this or any other state of any crime of harassment, as defined in PMC 9.08.050, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; or (b) The person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person. (3) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law. § 4. Section 9.08.050 of the Pasco Municipal Code is amended to read as follows (deletions by interlineation, additions by underlining): 9.08.050 CRIMES INCLUDED IN HARASSMENT. As used in this chapter, "harassment" may include but is not limited to any of the following crimes: (1) Harassment (PMC 9.08.010 or RCW 9A.46.020); (2) Malicious harassment (PMC 9 04.040 9.06.060 or RCW 9A.36.080); (3) Telephone harassment (RCW 9.61.230); (4) Assault in the first degree (RCW 9A.36.011); (5) Assault of a child in the first degree (RCW 9A.36.120); (6) Assault in the second degree (RCW 9A.36.021); (7) Assault of a child in the second degree (RCW 9A.36.130); (8) Assault in the fourth degree (RCW 9A.36.041); (9) ; Simple Assault (PMC 9.06.030) or Simple Assault—Domesttc Violence (PMC 9.06.040); (10) Reckless endangerment in the second degree (RMG 9.94.059 PMC 9.06.070 or RCW 9A.36.050); (11) Extortion in the first degree (RCW 9A.56.120); (12) Extortion in the second degree (RCW 9A.56.130); (13) Coercion (PMC 9.64.150 or RCW 9A.36.070); (14) Burglary in the first degree (RCW 9A.52.020): (15) Burglary in the second degree (RCW 9A.52.030): (16) Criminal trespass in the first degree ( PMC 9.54.020(1) or RCW 9A.52.070); (17) Criminal trespass in the second degree PMC 9.54.020(2) or RCW 9A.52.080); (18) Malicious mischief in the first degree (RCW 9A.48.070); (19) Malicious mischief in the second degree (RCW 9A.48.080); -6- (20) Malicious mischief in the third degree (nnG 9.64,010 PMC 9.54.080 or RCW 9A.48.090); (21) Kidnapping in the first degree (RCW 9A.40.020); (22) Kidnapping in the second degree (RCW 9A.40.030); (23) Unlawful imprisonment (RCW 9A.40.040); (24) Rape in the first degree (RCW 9A.44.040); (25) Rape in the second degree (RCW 9A.44.050); (26) Rape in the third degree (RCW 9A.44.060); (27) Indecent liberties (RCW 9A.44.100); (28) Rape of a child in the first degree (RCW 9A.44.073); (29) Rape of a child in the second degree (RCW 9A.44.076); (30) Rape of a child in the third degree (RCW 9A.44.079); (31) Child molestation in the first degree (RCW 9A.44.083); (32) Child molestation in the second degree (RCW 9A.44.086); (33) Child molestation in the third degree (RCW 9A.44.089); (34) Stalking (PMC 9.08.090 or RCW 9A.46.1 10)s (35) Residential burglary (RCW 9A.52.0251; (36) Violation of a temporary or permanent protective order issued pursuant to RCW 9A.46, 10.14, 10.99, 25.09 or 26.50; (37) Unlawful discharge of a laser in the first degree (RCW 9A.49.020)s_and (38) Unlawful discharge of a laser in the second degree (RCW 9A.49.030). § 5. Section 9.08.090 of the Pasco Municipal Code is amended to read as follows (deletions by interlineation, additions by underlining): 9.08.090 STALKING—PENALTIES. (1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime: (a) He or she intentionally and repeatedly follows another person to that person's home, school, place of employment, business, or any other location, or follows the person while the person is in transit between locations, and (b) The person being followed is intimidated, harassed, or placed in fear that the stalker intends to injure the person or property of the person being followed or of another person. The feeling of fear, intimidation, or harassment must be one that a reasonable person in the same situation would experience under all the circumstances; and (c) The stalker either: (i) Intends to frighten, intimidate, or harass the person being followed; or (ii) Knows or reasonably should know that the person being followed is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person; and -7- (d) The person is not guilty of a felony as defined in subsection (5) below. (2) (a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section that the stalker was not given actual notice that the person being followed did not want the stalker to contact or follow the person; and (b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend to frighten, intimidate, or harass the person being followed. (3) It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by chapter 18.165 RCW. (4) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. (5) A person who stalks another person is guilty of a gross misdemeanor except that the person is guilty of a class C felony if any of the following applies: (a) The stalker has previously been convicted in this state or any other state of any crime of harassment as defined in PMC 9.08.050, of the same victim or members of the victim's family or household or any person specifically named in a no contact order or no-harassment order; (b) The person violates a court order issued pursuant to PMC 9.08.030 or RCW 9A.46.040 protecting the person being stalked; or (c) The stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person.-: or (d) The stalker was armed with a deadly weapon as defined in RCW 9.94A.125 while stalking the person; (e) The stalker's victim is or was a law enforcement officer, ,judge, juror, attorney, victim advocate, legislator, or community correction's officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties, or to influence the victim's performance of official duties: or (fl The stalker's victim is a current, former. or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim's testimony or potential testimony. (6) As used in this section: (a) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient_to find that the alleged stalker follows the person. It is not necessary to establish that -8- the alleged stalker follows the person while in transit from one location to another. (b) "Harasses" means unlawful harassment as defined in PMC 9.08.010 or RCW 10.14.020. (c) 'Protective order" means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person. (d) 'Repeatedly" means on two or more separate occasions. § 6. If any section, subsection, paragraph, sentence, clause, phrase, or word of this ordinance is declared unconstitutional or invalid for any reason, it shall be severed, and such decision shall not affect the validity of the remaining parts of this ordinance. § 7. The chapter repealed by this ordinance shall remain in full force and effect until the effective date of this ordinance. § 8. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco this 20'h Day of August, 2001. Michael L. G son, Mayor ATTEST: APPR AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney -9-