Loading...
HomeMy WebLinkAbout2439 OrdinanceA V. i "... I 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