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HomeMy WebLinkAbout3492 Ordinance r � s ORDINANCE NO. 3492 AN ORDINANCE repealing Chapter 9.52 and Chapter 9.64 Section .010 and creating Chapter 9.54 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 Chapter 9.52 entitled "Trespass" shall be and hereby is repealed in its entirety. § 2. Chapter 9.64 Section .010 entitled "Destruction or removal of property", shall be and hereby is repealed in its entirety. § 3. Chapter 9.54 of the Pasco Municipal Code is created to read as follows: CHAPTER 9.54 OFFENSES AGAINST PROPERTY Sections: 9.54.010 Definitions. 9.54.020 Unlawful trespass. 9.54.030 Defenses. 9.54.040 Construction of chapter. 9.54.050 Vehicle prowling. 9.54.060 Burglar tools. 9.54.070 Computer trespass in the second degree. 9.54.080 Trespass—penalty for violation. 9.54.090 Destruction or removal of property. 9.54.010 DEFINITIONS. The following definitions apply in this chapter: (1) 'Premises" includes any building, dwelling, or any real property. (2) "Enter." The word "enter" as used in this chapter shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand and used -I- or intended to be used to threaten or intimidate a person or to detach or remove property. (3) "Enters or remains unlawfully." (a) A person "enters or remains unlawfully" in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain. (b) A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some over authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. (4) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a computer. (5) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer causes the computer to process data. (6) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, directly or by electronic means. 9.54.020 UNLAWFUL TRESPASS. (1) First Degree. A person is guilty of criminal trespass first degree if he or she knowingly enters or remains unlawfully in a building. Trespass first degree is a gross misdemeanor. (2) Second Degree. A person is guilty of criminal trespass second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. Trespass second degree is a misdemeanor. (3) Public Premises. If the premises are owned, operated or controlled by a municipal corporation or other public agency or entity, a person is guilty of trespass if he or she knowingly disobeys the order of the chief administrative officer of the municipal corporation, public agency or other public entity, or of an authorized designee of any such chief administrative officer, to leave any such premises if the person so ordered is under the influence of alcohol or drugs, or is committing, threatens to imminently commit or incites another to imminently commit -2- any act which would disturb or interfere with or obstruct any lawful task, function, process or procedure of the municipal corporation, public agency or other public entity or any lawful task, function, process or procedure of any official, employee or invitee of the municipal corporation, public agency, or other public entity. The order of an administrative officer or designee acting pursuant to this subsection shall be valid if the administrative officer or designee reasonably believes a person ordered to leave is under the influence of alcohol or drugs, is committing acts, or is creating a disturbance as provided in this subsection. (4) Order of Police Officer. A person is guilty of trespass if he or she refuses to leave public premises when ordered to do so by a law enforcement officer if such person is engaging in conduct which creates a substantial risk of causing injury to any person, or substantial harm to property, or such conduct amounts to disorderly conduct under PMC 9.06.010. 9.54.030 DEFENSES.In any prosecution under this chapter, it is a defense that: (1) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining on the premises; or (2) The actor reasonably believed that the owner of the premises or other person empowered to license access thereto, would have licensed him or her to enter or remain; or (3) A building involved in an offense of trespass in the first degree was abandoned: or (4) The actor was attempting to serve legal process, which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process. 9.54.040 CONSTRUCTION OF CHAPTER. Nothing in this chapter shall be construed to prohibit or penalize any activity consisting of the lawful exercise of freedom of speech, freedom of press and the right to peaceably assemble and petition the government for a redress of grievances: provided, that such activity neither does or threatens imminently to materially disturb or interfere with or obstruct any lawful task, function, process or procedure of the owner, operator, or other person controlling the premises, or any lawful task, function, process or procedure of any official, employee or invitee of the owner, operator or controller of the premises; provided further, that such activity is not conducted in violation of a prohibition or limitation lawfully imposed by -3- the owner, operator or controller of the premises upon entry or use of the premises. 9.54.050 VEHICLE PROWLING. It shall be unlawful for any person with intent to commit a crime against a person or property therein, to enter or remain in a vehicle of which he or she is not the registered owner. Vehicle Prowling is a gross misdemeanor. 9.54.060 BURGLAR TOOLS. Every person who shall make or mend or cause to be made or mended, or have in his or her possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools. Making or having burglar tools is a gross misdemeanor. 9.54.070 COMPUTER TRESPASS SECOND DEGREE. A person is guilty of computer trespass second degree if the person, without authorization, intentionally gains access to a computer system or electronic data base of another under circumstances not constituting the offense of computer trespass in the first degree, as such offense is defined in RCW 9A.52.110. 9.54.080 TRESPASS—PENALTY FOR VIOLATION. (1) Every person found to have committed a violation of trespass in the first degree, or computer trespass in the second degree or vehicle prowling shall be subject to the penalties provided in RCW 9A.20.021(2) for a gross misdemeanor. (2) Every person found to have committed a violation of trespass in the second degree shall be subject to the penalties provided in RCW 9A.20.021(3) for a misdemeanor. 9.54.090 DESTRUCTION OR REMOVAL OF PROPERTY. It is unlawful for any person willfully and without lawful authority to destroy, mutilate, deface, break, impair, remove, interfere with, carry away, or in any manner injure any property of any kind or character, public or private, not his own. Destruction of Property is a gross misdemeanor. § 4. 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- § 5. All chapters and sections of Title 9 repealed by this ordinance shall remain in full force and effect until the effective date of this ordinance. § 6. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco this 20th Day of August, 2001. r Michael L. son, Mayor ATTEST: APPROVED AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney -5-