HomeMy WebLinkAbout4248 Ordinance ORDINANCE NO. 4429
AN ORDINANCE of the City of Pasco, Washington, Amending PMC
Section 9.42.020 "Hindering Police"
WHEREAS, the Washington State Supreme Court has recently, in State of Washington vs.
E.J.J., determined that municipal ordinances dealing with the hindering or obstruction of police
officers that is phrased so generally that such may include constitutionally-protected speech; and
WHEREAS, in order to comply with the mandate of the Court, and to provide direction that
hindering a police officer must consist of conduct as opposed to speech which may be
constitutionally protected; and
WHEREAS, to provide sufficient description of what conduct is prohibited, an amendment
is required to come into compliance. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN AS
FOLLOWS:
Section 1. That Section 9.42.020 entitled "Hindering Police" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
9.42.020 HINDERING POLICE.
(1) It is unlawful for any person to knowingly or willfully engage in conduct, other than
speech, that hinders, obstructs, or delays any mise law enforcement officer of the city in tho
-• :3 • • • , : - - .. = including any general authority or limited authority peace
officer, or other public officers who are responsible for enforcement of fire,building, zoning, and life
and safety codes and ordinances in the discharge of the officer's official powers or duties.
(A) By the manner of their use, the words invade the rights or others to pursue
(B) By their very utterance, they inflict injury or tont to incite an immediate
(3.2) Hindering police is a gross misdemeanor. (Ord. 3490 Sec. 3, 2001.)
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage, and publication as required by law.
PASSED by the City Coupcil of the City of Pasco, Washington, and approved as provided by
law this /lp day of 1U61/Cwt V , 2015.
Matt Watkins, Mayor
AVE APPR S TO FORM:
Debra L. Clark, City lerkLeland B. Kerr, City Attorney