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HomeMy WebLinkAbout1180 OrdinanceORDINANCE NO. AN ORDINANCE DECLARING CERTAIN CONDUCT, ACTS OR OMMISSIONS OCCURRING WITHIN THE CITY OF PASCO TO BE CRIMINAL, PRESCRIBING PENALTIES THEREFORE AND REPEALING ORDINANCE NO. 101, ORDINANCE NO. 613 AND PASCO CITY CODE CHAPTER 10-5. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Persons defined. For the purpose of this Ordinance and unless it otherwise clearly appears from the context in which it is used, the word "person" means and includes natural persons of either sex, associations, firms, copartner- ships and corporations, whether acting by themselves or by servants, agents or employees and the singular number shall be construed to include the plural and the masculine pronoun to include the feminine. Section 2. Vagrancy. Every - (1) person who asks or receives any compensation, gratuity or reward for practicing fortune telling, palmistry or clairvoyance; or (2) person who keeps a place where lost or stolen property is concealed; or (3) person practicing or soliciting prostitution or keeping a house of prostitution; or (4) common drunkards found in any place where intoxicating liquors are sold or kept for sale or in an intoxicated condition; or (5) common gambler found in any place where gambling is conducted or where gambling paraphernalia or devises are kept; or (6) healthly person who solicits alms; or (7) lewd, disorderly or desolate persons; or (8) person who wanders about the streets at late or unusual hours of the night without any visible or lawful business; or (9) person who lodges in any barn, shed, shop, outhouse, vessel, car, saloon or other place not kept for lodging purposes without the permission of the owner or person entitled to the possession thereof; or (10) person who lives or works in a house of prostitution or solicits for any prostitute or house of prostitution; or (1 i) person who solicits business for an attorney around any court, jail, morgue or hospital or elsewhere; or (12) habitual user of opium, morphine, alkaloid -cocaine or alpha or beta eucaine or any derivacation, mixture or preparation of any of them; or (13) person having no visible means of support who does not seek employment nor work when employment is offered to him; or (14) person who by his own confession thereto or prior convictions thereof is known to have been guilty of larcency, burglary, robbery or any crime of which fraud or an intent to defraud is an element who shall be found in any drinking saloon or cellar or any public dance hall or music hall where intoxicating liquors are sold or be found intoxicated, or who, except upon lawful business, shall go about any dark street or alley or any residence section of any city or town in the nighttime, or loiter about any steamboat landing, passenger depot, banking institution or crowded street, shop or thoroughfare, or any public meeting or gathering, or place where people gather in crowds; or (15) person who patronizes, loiters about or is found in any place where gambling is ,being conducted or carried on, or where intoxicating liquor is being unlawfully sold, or where prostitution is being practiced - Is a vagrant, and shall be guilty of a misdemeanor. Section 3. Disturbing the peace. It shall be unlawful for any person by noisy, riotous or tumultous conduct, or by fighting or quarreling or encouraging other persons to fight or quarrel, to disturb the quiet and peace of the city, any neighborhood of the city, or any family within the city or of any meeting or assemblage in the city. Section 4. Vulgar language - indecent conduct. It shall be unlawful for any person to use in the presence of any other person vulgar, profane, obscene or indecent language, or to conduct himself in an indecent manner. Section 5. Molesting persons. It shall be unlawful for any person to willfully annoy., bother, molest, insult, or offer an affront or indignity to any person. Section 6. Resisting or hindering the police. It shall be unlawful for any person to knowingly or willfully resist, oppose, hinder or delay any police officer of the city or any peace officer or deputy in any department, office or agency of the city government in the discharge of any official act or duty or to neglect or refuse to obey any lawful order or direction of any such police officer, peace officer or deputy. in the discharge of any lawful act or duty. Section 7. Escape from jail or custody_ It shall be unlawful for any person with or without the use of force or fraud to escape or attempt to escape -2- from confinement or custody in the city jail or any penal, correctional or custodial institution or from the lawful custody of or restraint by an officer or other person within the city. Y Section 8. Rescuing or Aiding Escape from Custody - Supplying Prisoner with Contraband Material. It shall be unlawful for any person to rescue, or attempt to rescue, any other person from the custody of any police officer of the city, or from any person legally having him in charge, or to aid, or to attempt to aid, the escape of any person from any such custody, or from the city jail or any penal, correctional or custodial institution, or to advise or encourage any such escape or to supply any person in custody or in jail with any weapon or any implement or means of escape, or with any in- toxicating liquor, opium, morphine or other narcotic drug. Section 9. Unauthorized communication with prisoner. Every person who, not being authorized by law or by any officer authorized thereto, shall have any verbal communication with any prisoner in the city jail, or shall bring into or convey out of the same any writing, clothing, food, tobacco, or any article whatsoever, shall be guilty of a misdemeanor. Section 10. Aiding police officers. It shall be unlawful for any person eighteen years of age or older, when requested or called upon by any police officer of the city to render aid in making an arrest, or to aid in preserving the peace and safety of the city, or to aid in the execution of the official duty of any police or peace officer, to willfully refuse or neglect to promptly give such aid. Section 11. Making false report of crime. It shall be unlawful for any person to knowingly falsely report or represent to any police officer, or other office of employee having the authority to receive such report, that he has suffered the loss of any money or property as the result of robbery, assault, holdup, .l,arcency or burglary, or to knowingly falsely report the commission of any criminal offense under the laws of the United States, the State of Washington or any other state or territory, or under the resolutions or ordinances of Franklin County, any other county, this city or any other city. Section 12. Obstructing traffic. It shall be unlawful for any 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 -3- box, barrel, cask, or other thing. Section 13. Interfering with use of streets or sidewalks. It shall be 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. Section 14. Failing to disperse. It shall be 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 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. Section 15. Destruction or removal of property. It shall be unlawful for any person willfully and without lawful authority to destroy, multilate, 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. Section 16. Injury or removal of street signs. It shall be unlawful for any person without proper authorization willfully to remove, deface, injure or destroy any street sign, or sign erected or placed in or adjacent to any street indicating the name of such street. Section 17. Defacing or removing official notices. It shall be unlawful for any person, not an officer or employee of the city - to remove, destroy, tear down, or deface, either in whole or in part, or to mark or write upon, change, obliterate, or mar, or in any manner alter or change the writing, printing, or signature, or any part of the writing, printing, or signature, upon any bulletin, legal notice or advertisement, poster or paper writing of the city lawfully posted or placed in the city. Section 18. Carrying concealed weapons. It shall be unlawful for any person to carry or wear concealed upon his person, or concealed in any -4- vehicle, a weapon, consisting of either a pistol, revolver, or other firearm, or spring blade knife, dirk, dagger, stilletto, bowie knife, sword cane, any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, down- ward, or centrifugal thrust or movement, or any slingshot, metal knuckles, or any other dangerous weapon or instrument which may. be used to inflict injury upon the person of another. This section shall not apply to police officers or other persons authorized by law or licensed by the police chief or other authorized official to carry such concealed weapons. Section 19. Using deadly weapons. It shall be unlawful for any person to draw, exhibit, use, or attempt to use, any deadly weapon with the intent to do bodily injury to another, or with the intent to intimidate or threaten another except that this section shall not apply to police officers while in the lawful discharge of their duties. Section 20. Aiming or discharging firearms. Every person who shall aim any gun, pistol, revolver, or other firearm whether loaded or not, at or towards any human being, or who shall willfully discharge any firearm, air gun or other weapon, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury results, shall be guilty of a misdemeanor, except that this section shall not apply: (a) To police officers while in the discharge of their lawful duties; (b) To persons practicing target shooting in a duly licensed shooting gallery or at a target range maintained and operated by an organized rifle or gun club affiliated with a national shooting organization; or -(c) To persons firing, setting off or discharging shotguns in areas within the city limits designated by the City Council by resolution as areas in which hunting with shotguns is permitted and at times during which such hunting is legally permitted. Section 21. Confiscation of weapons. Upon the conviction of any person of violating either Section 18, 19 or 20 of this ordinance, the Chief of Police shall confiscate the firearm, or other weapon or unlawful instrument carried, worn, drawn, concealed, exhibited, used, or attempted to be used, fired, set off, or discharged in violation of those sections, and shall dispose of them in ONE the manner provided for the disposal of unclaimed property, unless such disposal is contrary to law. Section 22. Selling, etc. , of revolvers and pistols to minors less than 21. It shall be unlawful for any person within the city to sell, give, or permit to be sold or given to any person under the age of twenty-one years, any revolver or pistol. Section 23. Selling, etc. , of certain weapons prohibited. It shall be unlawful for any person within the city to sell, give, or loan, or cause to be sold, given, or loaned to any per scn, any springblade knife, dirk, dagger, stilletto, bowie knife, sword cane, any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by force of gravity, or by an outward, downward, or centrifugal thrust or movement, or any slingshot, metal knuckles, or any other dangerous weapon or instrument which may be used to inflict injury upon the person of another. Section 24. Using force against another. Any person within the corporate limits of the city of Pasco who shall in a rude, angry or boisterous insolent manner attempt unlawfully, to strike or beat another, or who shall unlawfully beat, touch or strike another shall be guilty of assault or assault and battery. Section 25. Placing objects on window sills. It shall be unlawful for any person to place any object upon any window sill or other outside portion of a building in such a position as to be above or near to a street or sidewalk unless that object shall be securely fastened to prevent it from falling, or to permit any such object to remain in such position on any building or part of a building over which he shall have control or possession. Section 26. Practicing homosexuality. It shall be unlawful for any person to practice or commit any homosexual conduct or act in the city. Section 27. Association with drunkards for unlawful purpose. It shall be unlawful for any person to associate with any intoxicated person for the purpose of theft or robbery from that intoxicated person or another person. Section 28. Distributing medicine or drug samples. It shall be unlawful for any person to scatter or distribute in the city any advertising matter consisting of or containing a sample of any medicine or drug, unless it shall be handed to and taken by a person twenty-one years of age or older and unless that distribution is not otherwise prohibited by law. -6- Section 29. Spitting in public places. It shall be unlawful for any person to expectorate on the floors or walls of any public conveyance, public building, or building open to the general public, or on any sidewalk in the city. Every person convicted of a violation of this section shall be punished by a fine of not more than five dollars or by imprisonment for not more than two days, or by both such fine and imprisonment. Section 30. Concealing or receiving stolen property. It shall be unlawful for any person, with the intent to deprive or defraud the owner thereof, to buy, sell, receive, possess, conceal, withhold, or aid in buying, selling, receiving, possessing, concealing, or withholding any property of another, knowing it to have been stolen or wrongfully appropriated or taken. Section 31. Intoxication in a public place. Every person who shall be found in any street, alley or on any sidewalk, or any public grounds, parks, or in any other public place, in a drunken or intoxicated condition, or who by reason of drunkeness, shall be incapable of taking care of himself or herself, shall be guilty of a misdemeanor, and may be arrested with or without warrant and held in custody until he or she becomes sober. Section 32. Obtaining food or lodging by fraud. It shall be unlawful for any person, with the intent to deprive or defraud, to obtain any food, lodging or accommodation in any hotel, apartment house, restaurant, cafe, boarding house, lodging house, or other similar establishment without paying in full for it. Section 33. Wrongful use of telephone. It shall be unlawful for any person to use a telephone to transmit a fire alarm when he knows that there is no fire, or to summon police or an ambulance on the pretext that an emergency exists if he knows that there is no such emergency. Section 34. Refusal to yield party line. It shall be unlawful for any person to refuse to yield or surrender the use of a party telephone line to another person for the purpose of permitting such other person to report a fire or to summon police, medical or other aid in case of emergency. Section 3 5. Reque st for line on pretext of emergency. It shall be unlawful for any person to ask for or request the use of a party telephone line on the pretext that an emergency exists, knowing that no emergency in fact exists. ,-7- Section 36. Impersonating police officer. It shall be unlawful for any person to willfully, unlawfully or fraudulently represent himself to be a police officer, special police officer, or peace officer of the city when he is not an authorized police officer, special police officer or peace officer of the city, or to wear a metal or metal-like badge containing the words "City of Pasco", "Pasco Police Officer", "Pasco Police", "Pasco Detective", "Police Department, City of Pasco", or any words of a similar nature. Section 37. Impersonating city officers and employees. It shall be unlawful for any person to willfully, unlawfully, or fraudulently represent himself to be a city officer or an employee of the city and purporting to perform the duties of any such officer or employee when he is not an authorized officer or employee of the city. Section 38. Making, selling or giving away unauthorized police badges. It shall be unlawful for any person to make, sell or give away any metal or metal-like badge containing the words "City of Pasco", "Pasco Police Officer",'/ Pasco Police", "Pasco Detective", "Police Department, City of Pasco", or any words of a similar nature, unless that badge is made, sold or given pursuant to a written order signed by the Chief of Police or the City Manager or an authorized purchasing agent or officer of the city. Section 39. Illegal passing. It shall be unlawful for the driver of any vehicle to pass another vehicle on the right on any street or public way within the City limits of the City of Pasco, except where the street or way is marked for four lane travel by appropriate stripes on the pavement, and provided that this section shall not apply where a vehicle passes fon the right) another vehicle making a left turn in an inter- section or where a vehicle makes a lawful right turn at an intersection. Section 40. Violation penalties. Every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than $300. 00 or by imprisonment for not more than ninety days or by both such fine and imprisonment. Every firm or corporation convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than three hundred dollars. Section 41. Severability. The invalidity of any article, section, subsection, provision, clause or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances. 90 Section 42. Ordinance No. 1.01 and Ordinance No. 613 and Pasco City Code Chapter 10-5 are hereby repealed. Section 43. This ordinance shall be in full force and effect after its passage as required by law. PASSED by the City Council and APPROVED as provided by law this -�-s- -- day of February, 1965. Attest: City Clerk Approved as to form: City Atto ney -9- MAYORPAV _ .=