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HomeMy WebLinkAbout2688 OrdinanceELLS, City Clerk APPROVED AS TO FORM: _:21:T72— 67 GREG A.-gUBSTELLO, City Attorney ORDINANCE NO. 2688 AN ORDINANCE Concerning riots and unlawful assembly and adding new Chapter 9.46 to the Pasco Municipal code. WHEREAS, The 1987 boat race weekend riot situation demonstrated certain inadequacies of the Pasco Municipal Code to make arrests and issue citations into Pasco Municipal Court; and WHEREAS, In furtherance of its powers to protect the public health, safety and welfare the City Council has determined it responsible to rectify those inadequacies, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. New Chapter 9.46 of the Pasco Municipal Code is hereby adopted, which Chapter shall state as follows: CHAPTER 9.46 PUBLIC DISTURBANCE Sections: 9.46.010 Riot. 9.46.020 Unlawful assembly - failure to disperse. 9.46.010 RIOT. A person is guilty of the crime of riot if, acting with three or more other persons, he knowingly and unlawfully uses or threatens to use force, or in any way knowingly participates in or facilitates the use of such force, against any other person or property, except where the actor is armed with a deadly weapon. 9.46.020 UNLAWFUL ASSEMBLY - FAILURE TO DISPERSE. (1) A person is guilty of "Unlawful assembly-failure to disperse" if: (a) He congregates with a group of three or more persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and (b) He refuses or fails to disperse when ordered to do so by a police officer or other public servant engaged in enforcing or executing the law. (2) The term "congregate" as used herein includes observers, on-lookers, and other persons who may claim non-participation with the group, but remain within the area ordered to be vacated. (3) A person convicted of the crime of "Unlawful assembly-failure to disperse" shall be punished by a maximum fine of One Thousand Dollars ($1000.00) and/or up to ninety (90) days in jail. Section 2. This ordinance shall take effect five (5) days after passage and publication. PASSE the City Council and APPROVED by the Mayor this S"-- day of , 1988. ED N LER, Mayor ATT 99302-2608 P0 BOX 2608 PASCO, WASHINGTON (509) 582-1500 LEGAL ADVERTISING INVOICE SOLD TO JACOUNT-NO, 50550 DESCRIPTION. Or d nan ce_No 2688 TIMES 001 uNgs 101 ,Y, T151 — DATE - 070888 '4 •17,.;4 4 LEGAL NO', 006855-- w A SY 4 A4 4 " 1 Cit .-, of Pasco TOTAL $ 73.53 P. 0. 2 .7,3 Pasco WA 99301 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 AFFIDAVIT OF PUBLICATION COUNTY OF BENTON SS STATE OF WASHINGTON TRACY E. HOEVET , being duly sworn, deposes and says, I am the Legal 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 countinually as a daily newspa- per in Benton County, Washington That the attached is a true copyof aOrdinance No. 2688 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 070888 , and ending on 070888 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF 7A-1/ , /91(r Notary public in and rickre3bei State of Wash- ington, residing at ""-L ,r COMMISSION EXPIRES / n ORDINANCE NO 2688 AN ORDINANCE Con cerning riots' and unlawful lassembly and adding new I Chapter 9 48 to the Pasco , Municipal code WHEREAS The 1987 , boat race weekend not situ- ation demonstrated certain ;inadequacies of the Pasco Municipal Code to make ar rests anti issue citations into Pasco Municipal Court and WHEREAS In further- ance of its powers to pro- tect the public health safety and welfare the City Council has determined It responsible to rectify those inadequacies, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS Section 1 New Chapter 9 46 of the Pasco Municipal Code is hereby adopted , which Chapter shall state as follows CHAPTER 946 PUBLIC DISTURBANCE Sections 9 46 010 Riot 9 46 020 Unlawful assem bly - failure to disperse 9 46 010 RIOT A person is guilty of the crime of riot if acting with three or more !other persons, he kno- wingly and unlawfully uses or threatens to use force or n in any way knowingly par- ticipates is or facilitates the use of such force, against any other person or prop-, erty except where the actor is armed with a deadly weapon 9 46 020 UNLAWFUL ASSEMBLY - FAILURE TO DISPERSE (1) A person is guilty of "Unlawful assembly-failure to disperse if (a) He congregates with a group of three or more persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person or substantial harm to property and (b) He refuses or fails to disperse when ordered to do so by a police officer or • other public servant en- gaged in enforcing or exec- uting the law (2) The term congre- gate as used herein in- cludes observers on- lookers and other persons who may claim non-partici pation with the group but remain within the area or dered to be vacated (3) A person convicted of the crime of Unlawful as sembly-failure to disperse" shall be punished by a max imum fine of One Thousand Dollars ($1000 00) and/or up to ninety (90) days in jail Section 2 This ordi nance shall take effect five (5) days after passage and publication PASSED by the City ) Council and APPROVED by the Mayor this 5 day of July . 1988 -s- Ed Hendler, Mayor ATTEST , -s- Evelyn Wells City Clerk I APPROVED AS TO FORM -s- Greg A Rubstello City Attorney LEGAL NO 006855 - July 8, 1988 July 6, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance No. 2688 on the following date: July 8, 1988 Please send two (2) Affidavits of Publication. Sincerely yours, Evelyn Wells City Clerk ew - , 4 ,