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Home My WebLink About2559 Ordinance2559 ORDINANCE NO. AN ORDINANCE Prohibiting Loitering Under Certain ) Conditions and Adding New Chapter 9.36 to the Pasco Municipal Code. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. New Chapter 9.36 relating to Loitering is hereby added to the Pasco Municipal Code and shall read as follows: CHAPTER 9.36 LOITERING Sections: 9.36.010 9.36.020 9.36.030 9.36.040 Prohibited Conduct Circumstances to Cause Alarm Same - Opportunity to Dispel Alarm Same - Requisites for Conviction 9.36.010 PROHIBITED CONDUCT. It shall be unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. 9.36.020 CIRCUMSTANCES TO CAUSE ALARM. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or endeavors to conceal himself or any object. 9.36.030 SAME - OPPORTUNITY TO DISPEL ALARM. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this chapter, allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. 9.36.040 SAME - REQUISITES FOR CONVICTION. No person shall be convicted of an offense under this provision if the police officer did not comply with the proceeding section, or if it appears at trial that the explanation given by the person, if believed by the police officer at the time, would have dispelled the oe W. Mayor AtIL.1.4( alarm. Section Two. This ordinance shall take effect five (5) days after passage and publication. PASSED this /5 day of 1985 and approved by the Mayor. ATT ST: Evelyn ells, City Clerk •RoVED AS TO FO Greg 11(27zeJ lo, City Attorney '--ORDINANCE NO 2559 AN ORDINANCE prohib- iting Loitering Under Cer tam n Conditions and Adding New Chapter 9 36 to the I Pasco Municipal Code THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS Section One New Chapter 9 36 relating to 1Loitering A hereby added to the Pasco Municipal ' Code an shall read as fol 'lows CH4PTER 9 36 LpITERING Sections 9 36 010 Prohibited Con duct 9 36 020 Circumstances I to Cause Alarm 9 36 030 Same - Oppor- tunity to Dispel Alarm 9 36 040 Same - Requisi- tes for Conviction 9 36 010 PROHIBITED CONDUCT It shall be un- lawful for any person to loi- ter or prowl in a place at a time or in a manner not usual for law abiding indi- viduals under circum- stances that warrant alarm for the safety of persons or property in the vicinity 9 36 020 CIRCUM STANCES TO CAUSE ALARM Among the cir- cumstances which may be considered In determining whether alarm Is warranted is the fact that the person takes flight upon ap- pearance of a police officer refuses to identify himself or endeavors to conceal himself or any object 9 36 030 SAME - OP PORTUNITY TO DISPEL ALARM Unless flight by the person or other circum- stances makes it impractl cal a police officer shall prior to any arrest for an of- fense under this chapter allow the person on oppor tunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct 9 36 040 SAME - REQUI- SITES FOR CONVICTION No person shall be con- victed of an offense under this provision if the police officer did not comply with the proceeding section or If it appears at trial that the explanation given by the person if believed by the police officer at the time would have dispelled the alarm Section Two This ordi- nance shall take effect five (5) days after passage and publication PASSED this 15 day of July 1985 and approved by the Mayor -s-Joe W Jacket:in Mayor ATTEST s-Evelyn Wells City Clerk APPROVED AS TO FORM s-Greg A Rubstello City Attorney LEGAL NO 19416 - July 19, 1985 AFFIDAVIT OF PUBLICATION COUNTY OF Benton )ss STATE OF WASHINGTON JoEllen Ward , being first duly sworn on oath deposes she is the principal clerk and says 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 here- inafter referred to, published in the English language continually as a daily newspaper in Benton 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 "Ord. 2559 11 as it was printed in the regular and entire issue of-City Herald itself and not in a supplement thereof, for a period of Times, commencing on the 19th day of July , 19 85 , and ending on the 19th day of July , 19 85 , and that said newspaper was regularly distributed to its subscribers during all of this period b0 That the Total amount is $ 8i inches 0 $7.35 . $62.48 Subscribed and sworn to before me this 1gth day of July , 19 85 No ry Public in and for the State of Washington, residing at Pasco FINANCE DEPARTMENT f 5091 515-3401 Sean 726-1401 PO BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 July 16, 1985 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn- Rochelle Dear Rochelle. Please publish the attached Ordinances on the following date July 19, 1985 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew