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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