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HomeMy WebLinkAbout3491 Ordinance ORDINANCE NO. 3491 AN ORDINANCE repealing Chapter 9.64, Section .070 and amending Chapter 9.44 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 9.64. Section .070 entitled "Obstructing traffic" shall be and hereby is repealed in its entirety. § 2. Chapter 9.44 of the Pasco Municipal Code is amended to read as follows (deletions by interlineation, additions by underling): CHAPTER 9.44 STREET OR SIDEWALK INTERFERENCE Sections: 9.44.010 Unlawful street or sidewalk interference. 9.44.020 Failure to disperse. 9.44.030 Sitting, laying and or sleeping on right-of way prohibited. 9.44.040 Facilitating unlawful conduct prohibited. 9.44.050 Obstructing traffic. 9.44.010 UNLAWFUL STREET OR SIDEWALK INTERFERENCE. It is unlawful for any person, alone or in a group or assemblage of persons, whose standing, remaining or congregating on any public highway, street, alley or sidewalk in the city shall obstruct, interfere with or prevent the free and unobstructed and reasonable use of that public highway, street, alley or sidewalk by any other person, to fail or refuse to yield to the reasonable use or passage of any other person on that public highway, street, alley or sidewalk. A violation of this section is a misdemeanor. 9.44.020 FAILURE TO DISPERSE. It is unlawful for any person, alone or in a group or assemblage of persons, whose standing, remaining or congregating on any public highway, street, alley or sidewalk in the city shall obstruct, interfere with or prevent the free and -1- unobstructed and reasonable use of that public highway, street, alley or sidewalk by any other person, to fail or refuse to move on, disperse or cease such obstruction or interference immediately upon being so ordered by any police officer of the city or other authorized peace officer. A violation of this section is a misdemeanor. 9.44.030 SITTING, LAYING AND OR SLEEPING ON RIGHT-OF- WAY PROHIBITED. It shall be unlawful within the area of the city of Pasco bordered by the railroad tracks on the east, 14th Avenue on the west, Bonneville Street on the north and 'W' Street on the south, for any person to sit, lay, or sleep on any public right-of-way except for medical emergency, in the furtherance of work or repair to the public right-of-way or of any property or building immediately adjacent thereto or in furtherance of a special permit issued by the city under some other chapter of this code. A violation of this section is a misdemeanor. 9.44.040 FACILITATING UNLAWFUL CONDUCT PROHIBITED. It is unlawful for the owner, lessee, manager, operator or other person in charge of any public place, city licensed business, church, mission, or other building or storage yard to knowingly permit, encourage or cause to be committed, whether by commission or omission any unlawful sitting, lying or sleeping on the public right-of-way adjacent to the premises. A violation of this section is a misdemeanor. 9.44.050 OBSTRUCTING TRAFFIC. It is unlawful for anv person to obstruct in any manner any sidewalk, public highway, street or alley in the city, or for the purpose of annoyance or mischief to place in any doorway or driveway. or on any sidewalk,public highway, street or alley in the city any box, barrel, cask or other thing. Obstructing traffic is a misdemeanor. § 3. 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. § 4. This Ordinance shall take effect five (5) days after passage and publication. -2- PASSED by the City Council of the City of Pasco this 20`' Day of August, 2001. ichael L. WrAson, Mayor ATTEST: APPRO AS TO FORM: (_`L6 Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney -3-