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HomeMy WebLinkAbout2438 OrdinanceORDINANCE NO ' 2438 AN ORDINANCE amending Section 9.04 020 of the Pasco Municipal Code and relating to disorderly conduct. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 9.04.020 of the Pasco Municipal Code which now reads as follows: 9.04.020 DISORDERLY CONDUCT It is unlawful for any person to conduct himself or herself in a disorderly manner by creating a disturb- ance within the city in the presence of another by fighting or arguing or using abusive, lewd, vulgar, or obscene language in the presence of another, or by using loud, profane, vulgar, obscene or lewd language toward anyone or by urinating in public view or by having his or her clothing in such disarray that he or she would appear indecent to the general public. is hereby amended to read as follows: 9.04.020 DISORDERLY CONDUCT A. As used in this section "the word obstruct" means to render impassable and thereby sub- ject any passerby to unreasonable inconven- ience or hazard. B. A person is guilty of disorderly conduct if without lawful authority he knowingly: 1. Makes noise which unreasonably disturbs another; or 2. Unreasonably disrupts any lawful assembly or meeting of persons; or 3. Obstructs pedestrian or vehicular traffic- and refuses or intentionally fails to cease such activity when ordered to do so by a police officer or additionally in the case of subsection 2 by the person in charge of the assembly or meeting. C. This section shall not be construed to limit the use by any person of a socially impermissible word merely as a tool of communication. Mere words, used as a tool of communication, are con- stitutionally protected. Constitutional Protection r _AS,SED by the City Council and approved by the Mayor this 7 day of , 1983. A. Snider, Mayor AP ED TO1FO s.,40 Greg A/ Rubstello, City Attorney // velyn We ls, City Clerk AT fails, however, when 1) by the manner of their use, the words invade the rights of others to pursue their lawful activities, or 2) by their very utterance, they inflict injury or tend to incite an immediate breach of the peace. The enforcement of this section shall be limited by this construction. Section 2. This ordinance shall take effect five (5) days after passage and publication. I ORDINANCE NO 2438 AN ORDINANCE amend kg Section 9 04 020 of the Pasco Municipal Code and !relating to disorderly con- 'duct THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS I Section 1 Section 9 04 020 of the Pasco Mu- nicipal Code which now reads as follows 9 04 020 DISORDERLY CONDUCT It is unlaw- ful for any person to conctict himself or her- self in a disorderly man- ner by creating a I disturbance within the t citydp the presence of another by fighting or arguing or using abu- sive lewd vulgar or obscene language in 1 the presence of an- other or by using loud , profane vulgar obscene or lewd lan- i guage toward anyone or by urinating in public view or by having his or her clothing in such dis- array that he or she would appear indecent to the general public is hereby amended to read as follows 9 04 020 DISORDERLY CONDUCT A As used in this sec- tion "the work obstruct" means to render impas- sable and thereby sub- ject any passerby to unreasonable inconve- nience or hazard -- B A person is guilty if disorderly conduct if without lawful authority he knowingly 1 Makes noise which unreasonably disturbs another or 2 Unreasonably dis- rupts any lawful assem- bly or meeting of person or 3 Obstructs pedestrian or vehicular traffic and refuses or intentionally fails to cease such activ- ity when ordered to do so by a police officer or additionally in the case of subsection 2 by the person in charge of the assembly or meeting C This section shall not be construed to limit the use by any person of a socially impermissible word merely as a tool of communication Mere words used as a tool of communication are constitutionally pro- tected Constitutional protection fails how- ever when 1) by the manner of their use the words invade the rights of others to pursue their lawful activities or 2) by their very utterance they inflict injury or tend to incite an immediate breach of the peace The enforcement of this section shall be limited by this construction Section 2 This Ordi- nance shall take effect five 5) days after passage and publication PASSED by the City Council and approved by the Mayor this 7 day of March 1983 -s-E A Snider, Mayor ATTEST -s-Evelyn Wells City Clerk APPROVED AS TO FORM -s Greg Rubstello City Attorney Legal No 14722 - March 11 1983 AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes she Principal Clerk and says is the of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- Franklin paper in County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord0 # 2438 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of one time aggel€Iitireligccommencing on the llth day of Mar . ,19 83 , and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period 66.00 That the full amount of $ has been paid in full, also at the rate of 10 in.@ 6.60 = 66.00 (.--., •-e4..) ,a--4,---r",-0- Mar Subscribed and sworn to before me this 1 5 th . 83 day of , ,19 Notary Public in and for the State of Washington residing at Pasco FINANCE DEPARTNIF NT 509J 545-3401 St an 726-3401 CITY of P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 March 8, 1983 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Attn Sue Bateman Dear Sue Please publish the attached Ordinance Nos 2437, 2438 and 2439 on the following dates March 11, 1983 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew