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