HomeMy WebLinkAbout4273 Ordinance ORDINANCE NO. Lf 2-73
AN ORDINANCE of the City of Pasco, Washington, Amending PMC
Chapter 9.44 "Street or Sidewalk Interference" to add the Additional Component
of Intentional Action
WHEREAS, recent Court decisions have interpreted ordinances similar to those within
PMC Chapter 9.44, and determining that when such action which may potentially be in
violations of these ordinances, especially when involving the exercise of free speech, intent of
the party must be a necessary element to support a conviction; and
WHEREAS, to ensure that such ordinances are available as an effective deterrent to
conduct that might obstruct the public's use of streets and sidewalks, but protecting the exercise
of free speech and to provide Constitutional certainty, modification to such ordinances may be
necessary. NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 9.44.010 entitled "Unlawful Street or Sidewalk Interference"
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
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
intentionally 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 of passage of any other person on that public highway, street, alley or sidewalk.
A violation of this section is a misdemeanor. (Ord. 3491 Sec. 2,2001; Prior code Sec. 10-5-48.)
Section 2. That Section 9.44.020 entitled "Failing to Disperse" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
9.44.020 FAILING 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 intentionally 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. A violation of this section is a misdemeanor. (Ord. 3491 Sec. 2, 2001;
Prior code Sec. 10-5.52.)
Section 3. That Section 9.44.030 entitled "Sitting, Laying or Sleeping on Right-of-
Way Prohibited" of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
9.44.030 SITTING, LAYING 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 "A" Street on the
south, for any person to intentionally 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.
(Ord. 3491 Sec. 2, 2001; Ord. 3491 Sec. 2, 2001; Ord. 2561 Sec. 1, 1985.)
Section 4. That Section 9.44.050 entitled "Obstructing Traffic" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
9.44.050 OBSTRUCTING TRAFFIC. It is unlawful for any person to intentionally
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 :: , ::,- - , _.., _ , , -: object or substance
of such size or nature as to obstruct the free access thereto. Obstructing traffic Violation of this
section is a misdemeanor. (Ord. 3491 Sec. 2, 2001.)
Section 5. 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 Council of the City of Pasco, Washington, and approved as
provided by law this 7th day of March, 2016.
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Matt Watkins,Mayor
TE: APPROVED AS TO FORM:
. r , ity Cler Lel. . ;. K
� err, City Attorney
Ordinance Amending Chapter 9.44
Street or Sidewalk Interference-2