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Home My WebLink About2677 OrdinanceORDINANCE NO. 2677 An Ordinance concerning unlawful trespass and amending Chapter 9.52 of the Pasco Municipal Code. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON Do ORDAIN AS FOLLOWS: Section 1. Chapter 9.52 of the Pasco Municipal Code is hereby amended to read as follows as shown by the additions by underlining and the deletions by interlineation: CHAPTER 9.52 TRESPASS Sections: 9.52.010 9.52.020 9.52.030 9.52.040 9.52.045 9.52.050 Definitions. Unlawful trespass. Defenses. Construction of chapter. Vehicle Prowling. Penalty for violation. 9.52.010 DEFINITIONS. The following definitions apply in this chapter: (1) "Premises" includes any building or dwelling, or any real property; exeeptrig-amy-butlding-er-dweiitmgt (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 person 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 in a building upem-any-premises which is only partly open to the public is not a license or privilege to enter or remain in that part of a building the-premtses which is not open to the public. A person who enters or remains upon unimproved and apparently unused land which is -1- 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. Land that is used for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. (Ord. 2470 Sec. 1 (part), 1983). 9.52.020 UNLAWFUL TRESPASS. (a) First Degree. A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in er-upem-prem±ses-ef-amether7 a building. (b) Second Degree. A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. (15c) Public Premises. 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 designee 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 imminently commit or incites another to imminently 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 -2- subsection. (ed) Order of Police Officer. 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 conduct which creates a substantial risk of causing injury to any person, or substantial harm to property, or such conduct amounts to disorderly conduct under Section 9.04.020. (Ord. 2470 Sec. 1 (part), 1983). 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; or (Ord. 2470 Sec. 1 (part), 1983). (3) A building involved in an offense of trespass in the first degree was abandoned; or (4) The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process. 9.52.040 CONSTRUCTION OF CHAPTER. Nothing in this chapter 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 activity neither does or threatens imminently 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 -3- 4r7 ENDLER, Mayor ATT YN WELLS, City Clerk AP OVED AS TO FO 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. (Ord. 2470 Sec. 1 (part), 1983). 9.52.045 VEHICLE PROWLING. It shall be unlawful for any person with intent to commit a crime against a person or property therein, to enter or remain in a vehicle of which he or she is not the registered owner. 9.52.050 PENALTY FOR VIOLATION. Every--peen feund--te--have-eemm±tted-a-v±elatien--ef--this--ehapter shail-be-requ±red--te-pay-a-pertaity-ef-met-mere-tham-twe humdred--fifty--dellars7---tegether--w±th--the--eest--ef preseeut±e217---ferd7--240--See7--17-fpart}7-1983}7 ial Every person found to have committed a violation of trespass in the first degree or vehicle prowling shall be subject to the penalties provided in RCW 9A.20.021(2) as amended, for a gross misdemeanor. (b) Every person found to have committed a violation of trespass in the second degree shall be subject to the penalties provided in RCW 9A.20.021(3) as amended, for a misdemeanor. Section 2. This ordinance shall take effect five (5) days after passage and publication. elgt4 "" PASSED this day of F4r , 1988 and APPROVED by the Mayor. GREG A RUB TELLO, City Attorney -4- AFFID VIT OF PUBLICATION COUNTY OF BENTON ss STATE OF WASHINGTON Tracy Lawson , being duly sworn, deposes and says, I am the Legal Clerk of the Tn-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 countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a Ordinance No 2677 as it was printed in the regular and entire issue of the Tn-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 3/11/88 , and ending on 3/11/88 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS 14th DAY OF March , 1988 Notary public in and for the State of Wash- ington, residing at Kennewick COMMISSION EXPIRES 7 - (6- ra"-- Eri -Titg Hernld DATE 3/11/88 LEGAL NO 6297 P 0 BOX 2608 PASCO, WASHINGTON (509) 582-1500 99302-2608 ACCOUNT NO 50550 LEGAL ADVERTISING DESCRIPTION Ordinance No 2677 INVOICE TIMES 001 LINES 283 SOLD TO City of Pasco P 0 Box 293 Pasco, WA 99301 TOTAL $ 206 02 NOTICE: This Is an Invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment upon premises of Jirco-ttlei I - under circumstances not constituting criminal tres- (1) The premises were at pass in the first degree the time open to 'members I (c) Public Premises If 1of the public and the actor the premises are owned, complied with all lawful operated or controlled by a conditions imposed on ac- municipal corporation or cess to or remaining on the , other public agency or en- tpremises or tity a person is guilty of , (2) The actor reasonably ' trespass if he knowingly believed that the owner of , disobeys the order of the the premises or other per- chief administrative officer sons empowered to license, of the municipal corpora- access thereto, would have tion, public agency or other licensed him to enter or re- Public entity or of an autho- main or (Ord 2470 Sec 1 njed designee of any such (part). 1983) chief administrative officer, (3) A building involved in r to leave any such premises an offense of trespass in 4 if the person so ordered is the first degree was aban- under the influence of alco- cloned or hol or drugs, or is commit-, (4) The actor was fit- ting threatens to tempting to serve legal pro- imminently' commit or in- c*ess which includes any cites another to imminently iocument required or al- commit any act which owed to be served upon would disturb or interfere )ersons or property, by any with or obstruct any lawful itatute, rule, ordinance, task function process or egulation, or court order procedure of the municipal?xcluding delivery by the corporation public agency nails of the United States or other public entity or any rhis defense applies only if Lawful task, function pro- Jot actor did not enter a pn- cess or procedure of any of- ate residence or other' ficial, employee or invitee Lidding not open to the of the municipal corpora- ublic and the entry onto tiOn, public agency or Le premises was reasona- other public entity The le and necessary for serv- order of an administrative e of the legal process ' officer of designee acting 9 52 040 CONSTRUC- - pursuant to this subsection ION OF CHAPTER 140th- shall be valid if the adminis-Ig in this chapter shall be trative officer or designee )nstrued to prohibit or pe- t! reasonably believes a per- time any activity consist- , son ordered to leave is g of the lawful exercise of 1 under the influence of aico- aedom of speech free- • hol or drugs is committing on of press and the right - acts, or is creating a distur- peaceably assemble and j, bance as provided in this stAimmtedavjo srlitni jarjr • subsection VuucioLAA SeAUO0 lind ovijr) (d) Order of Police Offi- cer A person is guilty of IL40t7L5i4 9EL MOqu loO nnd0 trespass if he refuses ' to Plmsees es N,e leave public premises when ' wdz Lie 9PC L -SLC 2 ordered to do - so by a law)9L'IIS Siq OOL ueLli seal enforcement officer if such )epeol '0 dH 00E alsisseg ; person is engaging in con- oidtueLIO tiOZ rind ureasc duct which creates a sub- t LudS Lie Ltev-svs stantial risk of causineu pueuq Aepini Liidep tr injury to any person, or sub- £6 Jose 8 lABN leteed:: 'AL stantial harm to property, or — such conduct amounts to 01 disorderly conduct under tu Section 9 04 020 (Ord *042470 Sec 1 (part) 1983) ,se 9 52 030 DEFENSES In any prosecution under this -C chapter, it is a defense that A ' oxe sdeeis uedieloo Le „ LeZS L96 0009$ •Jeduieo sseuleplim •IsoM 6L61 'WO* 410$ t4/9 LodS Lie 9SZS -LVS 04381$ opal 6u4e4 pet , 4vse8 U8A0 OAOIS 00OU .ani 'recluse° ueuseneo ti 6 SOAO PS8S-C84. OOSC$ "entei aoeumi Aarhus° 9 ' mita usrom 5961 Maa .1.4Vbf3bilV )43IM3NN3N cinz i:LCL OtieS LOt LPS 000 S$ Japun oo lualleoxe ui eq isrou /I list -91 Pa4uem 180E SIVOB OIE 1./Z9-Lt/S uon3luisul146114 11 111:13811/: WCALLSOWEI March 8, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2677, 2678, 2679, and 2680 on the following date: March 11, 1988 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew