HomeMy WebLinkAbout2470 OrdinanceORDINANCE NO. 2470
AN ORDINANCE amending Chapter 9.52 Pasco Municipal Code
and relating to the Crime of Trespass.
WHEREAS, Sections 9.52.010 and .030 of the Pasco
Municipal Code cover conduct that is wrongful under other
provisions of the law and Section 9.52 020 of the Pasco
Municipal Code should be amended to conform to the mis-
demeanor trespass offense under state law, now, therefore,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section One. Chapter 9.52 of the Pasco Municipal Code
which currently reads as follows:
Sections:
9.52.010 Railway track.
9.52 020 Another's land.
9.52.030 Vehicle trespass-Breaking or removing vehicle
parts.
9.52 040 Penalty for violation.
9.52.010 RAILWAY TRACK. Every person who, without
permission from the person or corporation owning or operating
the same, enters or takes any animal or vehicle upon any rail-
way, bridge or trestle, or rides, operates or Propels a handcar,
velocipede, track bicycle or tricycle on or along the track of
any railway, is guilty of a misdemeanor. (Prior code § 10-9.04).
9.52.020 ANOTHER'S LAND. Every person who shall go upon
the land of another with the intent to vex or annoy the owner
or occupant thereof, or to commit any unlawful act, or who shall
wilfully go or remain upon any land after having been warned by
the owner or occupant thereof not to trespass thereon is guilty
of a misdemeanor (Prior code § 10-9.08).
9.52.030 VEHICLE TRESPASS - BREAKING OR REMOVING
VEHICLE PARTS. Every person who, either individually or in
association with one or more other persons, wilfully Injures
or tampers with any vehicle or the contents thereof, or breaks
or removes any part of a vehicle, or enters or remains in a
vehicle without the consent of the owner Ls guilty of a misde-
meanor. (Ord 1786 § 1, 1976: prior code § 10-9 12).
9 52.040 PENALTY FOR VIOLATION. Every person convicted
of a violation of any provision of this chapter shall be
punished by a fine of not more than five hundred dollars or by
imprisonment for not more than six months or by both such fine
and imprisonment.
Every firm or corporation convicted of a violation of any
provision of this chapter shall be Punished by a fine of not
more than five hundred dollars. (Ord 1786 5 2, 1976)
is hereby amended in its entirety to read as follows:
TRESPASS
Sections:
9.52.010
9.52 020
9.52.030
9.52.040
9.52.050
Definitions
Unlawful Trespass
Defenses
Construction of Chatter
Penalty for Violation
9.52.010 DEFINITIONS. The following definitions apply
in this chapter:
(1) "Premises" includes any real property excepting
any building or dwelling;
(2) "Enter". The word "enter" as used in this chapter
shall include the entrance of the person, or the insertion of
any part of his body, or any instrument or weapon held in his
hand and used or Intended to be used to threaten or intimidate
a uerson or to detach or remove property;
(3) "Enters or remains unlawfully". A person "enters
or remains unlawfully" in or upon premises when he is not then
licensed, invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain upon any premises
which is only partly open to the public is not a license or
privilege to enter or remain in that part of the premises which
is not open to the public. A person who enters or remains upon
unimproved and apparently unused land which is neither fenced
nor otherwise enclosed in a manner designed to exclude Intruders,
does so with license and privilege unless notice against trespass
is personally communicated to him by the owner of the land or
some other authorized person, or unless notice is given by posting
in a conspicuous manner.
9.52.020 UNLAWFUL TRESPASS.
(a) A person is guilty of trespass if he knowingly enters
or remains unlawfully in or upon premises of another.
(b) If the premises are owned, operated or controlled by
a municipal corporation or other public agency or entity, a person
is guilty of trespass if he knowingly disobeys the order of the
chief administrative officer of the municipal corporation, public
agency or other public entity, or of an authorized desianee of any
such chief administrative officer, to leave any such premises if
the person so ordered is under the influence of alcohol or drugs,
or is committing, threatens to eminently commit or incites another
to eminently commit any act which would disturb or interfere with
or obstruct any lawful task, function, process or procedure of the
municipal corporation, public agency or other public entity or
any lawful task, function, process or procedure of any official,
employee or invitee of the municipal corporation, public agency,
or other public entity. The order of an administrative officer
or designee acting pursuant to this subsection shall be valid
if the administrative officer or designee reasonably believes
a person ordered to leave is under the influence of alcohol or
drugs, is committing acts, or is creating a disturbance as
provided in this subsection.
(c) A person is guilty of trespass if he refuses to
leave public premises when ordered to do so by a law enforce-
ment officer if such person is engaging in conduct which creates
a substantial risk of causing injury to any person, or substan-
tial harm to property, or such conduct amounts to disorderly
conduct under PMC 9.04.020
9.52.030 DEFENSES In any prosecution under this
chapter, it is a defense that:
(1) the premises were at the time open to members of
the public and the actor complied with all lawful conditions
imposed on access to or remaining on the premises; or
(2) the actor reasonably believed that the owner of
the premises or other person empowered to license access thereto,
would have licensed him to enter or remain
9.52.040 CONSTRUCTION OF CHAPTER. Nothing in this
Section shall be construed to prohibit or penalize any activity
consisting of the lawful exercise of freedom of speech, freedom
of press and the right to peaceably assemble and petition the
government for a redress of grievances: provided, that such
acitivity neither does or threatens emminently to materially
disturb or interfere with or obstruct any lawful task, function,
process or procedure of the owner, operator, or other person
controlling the premises, or any lawful task, function, process
or procedure of any official, employee or invitee of the owner,
operator or controller of the premises. provided further, that
such activity is not conducted in violation of a prohibition or
limitation lawfully Imposed by the owner, operator or controller
of the premises upon entry or use of the premises.
9.52.050 PENALTY FOR VIOLATION Every person found
to have committed a violation of this chapter shall be required
to pay a penalty of not more than $250 00, together with the
cost of prosecution.
Section Two This ordinance shall take effect five (5)
days after passage and publication a cording to law
641 PASSED this 3 day of , 1983
A. Sni er, Mayor
0. Wells, City Clerk
ATTEST:
it*
APPROVED AS TO ORM
1.
Gieg 7giabs'w ello, City Attorney
AFFIDAVIT OF PUBLICATION
COUNTY OF Fral
)ss
STATE OF WASHINGTON
Eileen Scott , being first duly sworn on oath deposes
and says she is the principal clerk 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-
paper in Franklin 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 ad "Ordlnanaa No. 2470...1"
as it was printed in the regular and entire issue of the Tri City Herald itself and not in a
supplement thereof, for a period of
UMe 461=10401=1, commencing
on the 7th day of October ,19 83 , and
ending on the 7th day of October , 19 83 , and that said
newspaper was regularly distributed to its subscribers during all of this period
That the full amount of $ 448.80 has been paid in full, also at the rate of
68 inches @ $6.60 . $448.80.
Subscribed and sworn to before me this
IDth day of October ,1983
Notary Public in and for the State of Washington residing at Pasco
ORDINANCE NO 2470
AN ORDINANCE
amending Chapter 9 52
Pasco Municipal Code and
relating to the Crime of
Trespass
WHEREAS Sections
9 52 010 and 030 of the
Pasco Municipal Code
cover c,onduct that is
wrongful under other provi-
sions of the law and Sec-
tion 9 52 020 of the Pasco
Municipal Code should be
amended to conform to the
misdemeanor trespass of
fense under state law now
therefore
THE CITY COUNCIL OF
THE CITY OF PASCO DO
ORDAIN AS FOLLOWS
Section One Chapter
9 52 of the Pasco Municipal
Code which currently reads
as follows
Sections
9 52 010 Railway Track
9 52 020 Another s land
9 52 030 Vehicle tres-
pass-Breaking or removing
vehicle parts
9 52 040 Penalty for vio-
lation
9 52 010 RAILWAY
TRACK Every person who
without permission from the
person or corporation own-
ing or operating the same
enters or takes any animal
or vehicle upon any railway
bridge or trestle or rides
operates or propels a hand-
car velocipede track bicy
cle or tricycle on or along
the track of any railway is
guilty of a misdemeanor
(Prior code section 10-
9 04)
9 52 020 ANOTHER S
LAND Every person who
shall go upon the land of
another with the intent to
vex or annoy the owner or
occupant thereof or to
commit any unlawful act or
who shall wilfully go or re-
main upon any land after
having been warned by the
owner or occupant thereof
not to trespass thereon is
guilty of a misdemeanor
Prior code section 10-
08)
9 52 030 VEHICLE
TRESPASS - BREAKING
OR REMOVING VEHICLE
PARTS Every person who
either individually or in as-
sociation with one or more
other persons wilfully in-
jures or tampers with any
vehicle or the contents
thereof or breaks or re-
moves any part of a vehicle
or enters or remains in a ve-
hicle without the consent of
the owner is guilty of a mis-
demeanor (Ord 1786 sec-
tion 1 1976 prior code
section 10-9 12)
952 040 PENALTY FOR
VIOLATION Every person
convicted of a violation of
any provision of this chap-
ter shall be punished by a
fine of rot more than five
hundred - dollars or by im-
prisonment for not more
than six months or by both
such fine and imprison-
ment
Every firm or corporation
convicted of a violation of
any provision of this chap-
ter shall be punished by a
fine of not more than five
hundred dollars (Ord 1786
section 2 1976)
is hereby amended in its
entirety to read as follows
TRESPASS
Sections
9 52 010 Definitions
9 52 020 Unlawful Tres-
pass
9 52 030 Defenses
9 52 040 Construction of
Chapter
9 52 050 Penalty for Vio-
lation
9 52 010 DEFINITIONS
The following definitions
apply in this chapter
(1) Premises" includes
any real property excepting
any building or dwelling
(2) "Enter" The word
enter ' as used in this
chapter shall include the
entrance of the person or
the insertion of any part of
his body or any instrument
or weapon held in his hand
and used or intended to be
used to threaten or intim
'date a person or to detach
or remove property
(3) "Enters or remains
unlawfully" A person "ent-
ers or remains unlawfully"
in or upon premises when
he is not then licensed in-
vited or otherwise pnv
ileged to so enter or
remain
A license or privilege to
enter or remain upon any
premises which is not open
to the public A person who
enters or remains upon
unimproved and apparently
unused land which is net
ther fenced nor otherwise
enclosed in a manner de
signed to exclude intrud
ers does so with license
and privilege unless notice
against trespass is person-
ally communicated to him
by the owner of the land or
some other authorized per
son or unless notice is
given by posting in a con-
spicuous manner
9 52 020 UNLAWFUL
TRESPASS
(a) A person is guilty of
trespass if he knowingly en-
ters or remains unlawfully
in or upon premises of an-
other
(b) If the premises are
owned operated or con-
trolled by a municipal cor
poration or other public
agency or entity a person
is guilty of trespass if he
knowingly disobeys the
order of the chief adminis-
trative officer of the munici-
pal corporation public
agency or other public en-
tity, or of an authorized de-
signee of any such chief
administrative officer to
leave any such premises if
the person so ordered is
under the influence of alco-
hol or drugs or is commit-
ting threatens to
emminently commit or in
cites another to emminently
commit any act which
would disturb or interfere
with or obstruct any lawful
task function process or
procedure of the municipal
corporation public agency
or other public entity or any
lawful task function pro
cess or procedure of any of-
ficial employee or invitee
of the municipal corpora
non public agency or
other public entity The
order of an administrative
officer or designee acting 0
pursuant to this subsection
shall be valid if the adminis
trative officer or designee i0
reasonably believes a per- H
son ordered to leave is r
under the influence of alco-
hol or drugs is committing
acts or is creating a distur-
bance as provided in this
subsection
(c) A person is guilty of
trespass if he refuses to
leave public premises when
ordered to do so by a law
enforcement officer If such
person is engaging in con-
duct which creates a sub-
stantial risk of causing
injury to any person or sub-
stantial harm to property or
such conduct amounts to
disorderly conduct under
PMC 9 04 020
9 52 030 DEFENSES If
any prosecution under this
chapter it is a defense that
(1) the premises were at
the time open to members
of the public and the actor
complied with all lawful
conditions imposed on ac-
cess to or remaining on the
premises or
(2) the actor reasonably
believed that the owner of 1
the premises or other per-
son empowered to license.;:,
access thereto would have
licensed him to enter or re-
main
9 52 040 CONSTRUC 7
TION OF CHAPTER Noth-Th
ing in this Section shall be
construed to prohibit or pe--:-4
nalize any activity consist- I
mg of the lawful exercise of ,
freedom of speech free-
dom of press and the right
to peaceably assemable
and petition the govern- 4
ment for a redress of griev--:i
ances provided that such j
activity neither does or
threatens emminently to "0
materially disturb or inter-
fere with or obstruct any
lawful task function pro- -4
cess or procedure of the
owner, operator or other
person controlling the
premises or any lawful
task function process or...-1
procedure of any official 1
employee or invitee of the_
owner operator or control- -2
ler of the premises pro-.3
vided further that such v i
activity is not conducted in
violation of a prohibition or
limitation lawfully imposed
by the owner operator or...2
controller of the premises
upon entry or use of the
premises
9 52 050 PENALTY FOR
VIOLATION Every person
found to have committed a ,
violation of this chapter
shall be required to pay a
penalty of not more than
$250 00 together with the
cost of prosecution
Section Two This ordi-
nance shall take effect five
(5) days after passage and
publication according to
law
PASSED this 3 day of
October 1983
-s E A Snider
Mayor
ATTEST
s Evelyn Wells
City Clerk
APPROVED AS TO FORM
-s-Greg A Rubstello
City Attorney
Legal No 15962 - Oct 7,
1983
;
-H
FINANCE DEPARTMENT
(509) 545-3401
Scan 726.1401
P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
October 4, 1983
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
n
Gentlemen:
Please publish the attached Ordinances (Nos. 2469 & 2470) on
the following date:
October 7, 1983
Please send two (2) Affidavits of Publication for each.
Sincerely yours,
Evelyn Wells
City Clerk
ew