HomeMy WebLinkAbout2439 OrdinanceA V. i
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ORDINANCE NO. 2439
AN ORDINANCE amending Chapter 9.40 of the Pasco Municipal Code
and relating to obstructing justice.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Chapter 9.40 of the Pasco Municipal Code which now
reads as follows:
Chapter 9.40
OBSTRUCTING JUSTICE
Sections-
9.40.010
9.40.020
9.40.030
9.40.040
9.40.050
9.40.060
9.40.070
9.40.080
Resisting or hindering police.
Escape from jail or custody.
Rescuing or aiding escape from custody -
Supplying prisoner with contraband
material.
Aiding police officers.
Making false report of crime.
Impersonating police officer.
Impersonating city officers and emoloyees.
Making, selling or giving away unauthorized _
police badges.
9.40.010 RESISTING OR HINDERING POLICE. It is unlaw-
ful for any person to knowingly or willfully resist,
oppose, hinder or delay any police officer of the city
or any peace officer or deouty in any department,
office or agency of the city government in the dis-
charge 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. (Prior code 5
10-5.24).
9.40.020 ESCAPE FROM JAIL OR CUSTODY. It is unlaw-
ful for any person with or without the use of force
or fraud to escape or attempt to escape from confine-
ment or custody in the city jail or any penal, correc-
tional or custodial institution or from the lawful
custody of or restraint by an officer or other person
within the city. (Prior code § 10-5.28).
9.40.030 RESCUING OR AIDING ESCAPE FROM CUSTODY -
SUPPLYING PRISONER WITH CONTRABAND MATERIAL. It is
unlawful for any person to rescue, or attempt to res-
cue, 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 intoxicating liquor, onium, morphine or
other narcotic drug. (Prior code § 10-5.32).
9.40.040 AIDING POLICE OFFICERS. It is 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 to
neglect to promptly give such aid. (Prior code §
10-5.36).
9.40.050 MAKING FALSE REPORT OF CRIME. It is unlaw-
ful for any person to knowingly falsely report or
represent to any police off]cer, or other officer or
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, larceny or
burglary, or to knowingly falsely report the commis-
sion 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 ordi-
nances of Franklin County, any other county, this city
or any other city. (Prior code § 10-5 40).
is now hereby amended to read as follows
Chapter 9.40
OBSTRUCTING JUSTICE
Sections:
9.40 010
9.40.020
9.40.030
9.40.040
Resisting arrest.
Hindering police.
Failure to obey officer
Makin g report of crime _
9.40.010 RESISTING ARREST. A person is guilty of
resisting arrest if he intentionally prevents or
attempts to prevent a police officer of the city
from lawfully arresting him
9.40.020 HINDERING POLICE. (1) It is unlawful
for any person to knowingly or willfully hinder,
obstruct, or delay any police officer of the city
in the discharge of any lawful act or duty.
ls, City Clerk
AP," D AS
Jit
Gre w
dif ty Attorney u stello,
444
Aftlitti•-nde Z166
A. Sniser, Mayor
(2) This section shall not be construed to limit
the use of a socially impermissible word merely as
a tool of communication. Words, used as a tool of
communication are constitutionally protected. Words,
however, are not constitutionally protected 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 is limited by this
construction.
9.40 030 FAILURE TO OBEY POLICE OFFICER. It is
unlawful for any person to: 1) willfully fail to
stop when requested or signaled to do so by a per-
son reasonably identifiable as a city police officer
for a lawful investigatory detention, or 2) willfully
fail to give or to give false information as to his
identity, current address, if he has any, and an
explanation of his activities when requested by a city
police officer to give such information when stopped
for a lawful investigatory detention.
9.40.040 MAKING FALSE REPORT OF CRIME. It is unlaw-
ful for any person to knowinaly falsely report or
represent to any police officer, or other officer or
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, larceny or
burglary, or to knowingly falsely report the commis-
sion of any criminal offense under the laws of the
United States, the state of Washinaton or any other
state or territory, or under the resolutions or ordi-
nances of Franklin County, any other county, this city
or any other city. (Prior code § 10-5.40).
Section 2. This ordinance shall take effect five (5) days after
passaae and publication.
PASSED this 7 day of (7A:.,,4,„4 ‹,4",/ , 1983, and approved by
the Mayor.
copy of a
STATE OF WASHINGTON
Phyllis
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
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
11th on the day of
ending on the day of , 19 , and that said - newspaper was regularly distributed to its subscribers during all of this period
. 50 That the full amount of $ 148 has been paid in full, also at the rate of
COUNTY OF Franklin
paper in
Washington, and
at the aforesaid
Subscribed and sworn to before me this
22i in00 6.60 = 148.50
County ,
legal advertisement
oeu contrued to limit the
r ssible word merely as a
tool of communication
se of a socially imper- is now and during all of said time was printed in an office maintained'
place of publication of said newspaper That the annexed is a true
Words used as a tool of
communication are con
Notary Public in and for the State of Washington, residing at Pasco
and says she is the of the Tri-City Herald,
Graves , being first duly sworn on oath deposeE
Princi alClerk
AFFIDAVIT OF PUBLICATION
Ord. # 2439
Mar.
15th day of Mar.
)ss
stitutionally protected
Words however are not
constitutionally protected
when 1) by the manner of
their use the words in-
vade the rights of others
to iv resrsuoer t2tr ti)ry I tahwiel ur I v ae cry-
utterance they inflict in
cXXXIftic4iCriceli,s, commencing e
jury or tend to incite an
immediate breach of the
peace The enforement of
this section is limited by
this construction
9 40 030 FAILURE TO
OBEY POLICE OFFI
CER Is is unlawful for
any person to 1) willfully
fail to stop when re-
quested or signaled to do
so by a person rea
sonably identified as a
city police officer for a
lawful investigatory de-
tention or 2) willfully fail
to give or to give false in-
formation as to his iden-
tity current address if he
has any and an explana
tion of his activities when
requested by a city police
officer to give such infor-
, 19 83 !ration when stopped for
a lawful investigatory de-
tention
9 40 040 MAKING FALSE
\REPORT OR CRIME Is is
unlawful for any person to
knowingly falsely report
I or represent to any police
, officer or other officer or
I employee having the au
thonty to receive such re-
port that he has suffered
the loss of any money or
property as the result of
robbery assault holdup
larceny or burglary or to
knowingly falsely report
the commission of any
criminal offense under
the laws of the United
States the state o Wash-
ington or any other state
or territory or under the
resolutions or ordinances
of Franklin County any
other county this city or
any other city (Prior code
S 10-5 40)
Section 2 This Ordinance
shall take effect five (5)
days after passage and
publication PASSED this 7 day of
March 1983 and approved
by the Mayor
-s E A Snider Mayor
ATTEST
-s-Evelyn Wells City
Clerk APPROVED AS TO -
FORM s Greg Rubstello City
Attorney Legal No 147231 March
11 1983
,19 83, and
Chapter 9 40
\ Obstructmg Justice
Sections
\ --, 9 40 010
evmst
Resisting
9 40 020 Hindering
\9 40 040 Making
police
9 40 030 Failure to
obey officer
' false report of crime
\ 9 40 010 RESISTING AR-
REST A person is guilty'
of resisting arrest if he in-
tentionally prevents or at-
tempts to prevent a police
officer of the city from
lawfully arresting him
9 40 020 HINDERING
POLICE (1) It is unlawful
for any person to kno
wingly or willfully hinder
obstruct or delay any po-
lice officer of the city in
the discharge of any law
ful act or duty
(2) This section shall n
ORDINANCE NO 2439
AN ORDINANCE
amending Chapter 9 40 of
the Pasco Municipal Code
and relating to obstruction
justice
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DO OR-
DAIN AS FOLLOWS
Section 1 Chapter 9 40
of "the Pasco Municipal
Code which now reads as
follows
Chapter 9 40
Obstructing Justice
Sections
9 40 010 Resisting or
hindering police
9 40 020 Escape
from Jail or custody
9 40 030 Rescuing or
aiding escape from cus-
tody Supplying prisoner
with contraband material
9 40 040 Aiding po-
lice officers
9 40 050 Making
false report of crime
9 40 060 Impersonat-
ing,police officer
9 40 070 Impersonat
mg city officers and em-
ployees
9 40 080 Making
selling or giving away un-
athorized police badges
9 40 010 RESISTING OR
HINDERING POLICE It
is unlawful for any person
to knowingly or willfully
resist oppose hinder or '
delay any police officer of 4
the city or any peace offi-
cer or deputy in any de-
partment office or,
agency of the city govern-
ment in the discharge of
any official act or duty or
to neglect or refuse to
obey any lawful order or
direction of any such po-
lice officer peace officer
or deputy in the discharge
of any lawful act or duty
(Prior code S 10-5 24)
9 40 020 ESCAPE FROM
JAIL OR CUSTODY It is
unlawful for any person
with or without the use of
force or fraud to escape
or attempt to escape from
confinement or custody in
the city jail or any penal
correctional or custodial
institution or from the law
ful custody of or restraint
by an officer or other per-
son within the city (Prior
code S 10-5 28)
9 40 030 RESCUING OR
AIDING ESCAPE FROM
CUSTODY - SUPPLYING
PRISONER WITH CON-
TRABAND MATERIAL It
Is unlawful for any person
to rescue or attempt to
rescue any other person
from the custody of any
police offer 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 cus-
todial institution or to ad-
vise 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-
toxication liquor opium
morphine or other nar-
cotic drug (Prior code S
10-5 32)
9 40 040 AIDING POLICE
OFFICERS It is 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 po-
lice or peace officer to
willfully refuse to neglect
to promptly give such aid
(Prior code S 10-5 36)
9 40 050 MAKING FALSE
REPORT OF CRIME It is
unlawful for any person to
knowingly falsely report
or represent to any police
officer or other officer or
employee haying the au-
thority to receive such re-.
port that he has suffered
the loss of any money or
property as the result of
robbery assault holdup
larceny or burglary or to
knowingly falsely report
the commission of any
criminal offense under
the laws of the United
States the state of Wash-
ington or any other state
or territory or under the
resolutions or ordinances
of Franklin County any
other county this city or
any other city (Prior code
S 10 5 40)
is now hereby amended to
read as follows
CITY FINANCE DEPARTMENT
(509) 545-3401
of Scan 726 3401 A
r 2,/
_4 ‘)
P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
March 8, 1983
In City Herald
P O. 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