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Home My WebLink About2703 OrdinanceORDINANCE NO. 2703 AN ORDINANCE relating to public safety and morals, prohibiting loitering with the intent to commit an act or acts in violation of this title, enumerating circumstances which may be considered as manifesting such intent; and amending the Pasco Municipal Code Chapter 9.36; and declaring an emergency to make necessary the passage of this Ordinance and its taking effect immediately upon publication. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 9.36 of the Pasco Municipal Code is hereby amended by the following deletions by interlineation and additions by underlining to 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 remain Ielter-er-prewl in a public place, at a time or in a manner not usual for law abiding individuals and under circumstances that manifest the intent to commit an act or acts in violation of this title warramt--aIarm-fer-the-saEety-ef persems-er-preperty-±m-the-v±e±m±ty. 9.36.020 CIRCUMSTANCES TO CAUSE ALARM. Among the circumstances which may be considered in determining whether unlawful purpose or intent is manifested alarm ±s-warramted 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. These examples are not exclusive, but merely demonstrate some of the types of conduct which may be considered in determining whether an unlawful purpose or intent is manifested. 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 preeeedimg preceding section, or if it appears at trial that the explanation given by the person was true and disclosed the lawful purpose7-if-bel±eved-hy-the--peI±ee eff±eer-at—the--t±me7--weuld—have-dispelled-the-aIarm. -1- ATTRST: APPROVED AS TO FORM: 1\224_ GREG A.6RUBSTELLO, City Attorney Section 2. Time is of the essence in this matter because the City is experiencing crime in public places, particularly where groups of persons loiter or remain in areas of illegal narcotic and prostitution activity and where other crimes of violence occur. This Ordinance is necessary for the public health and safety, and an emergency is hereby declared to exist, making necessary the passage of this Ordinance and its taking effect upon publication. PASSED ib-the City Council and APPROVED by the Mayor this 3 day of I /et2e4.1cm.,1 , 1988. ED HENDLER, Mayor 99302-2608 ri-Titulerald P0 BOX 2608 PAKO, litASHINGTON (509) 582-1500 LEGAL ADVERTISING INVOICE DATE LEGAL NO ACCOUNT NO DESCRIPTION TIMES LINES _ DAY OF SUBSCRIBED AND SWORN BEFORE ME THIS // , Notary public in and foc-lbe ington, residing at COMMISSION EXPIRES S-- ,(1 SOLD TO r - - 1 -I 1" y-, I - - _ i, i n readable Original , TOTAL $ 1 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 ORDINANCE NO 2703 AN ORDINANCE relat- ing to public safety and morals -prohibiting loitering with the intent to commit an act or acts in violation of thr; title enumerating cir- icuinstances which may be considered as manifesting such intent and amending the_Pasco Municipal Code ,Chapter 9 36, and declar- -ing an emergency to make necessary the passage of this Ordinance and its tak- ing effect immediatel,upon publication , THE CITY COUNCIL OF .,THE CITY OF PASO WASHINGTON,-4 00,OR- DAIN AS FOLLOWS Section' 1 Chapter 9 36 ;of, the Pasco; Municipal 'Code is 'hereby 'amended by the following qeletions 4 by interlineation and add' bons by,underlining,to read as follows , ' CHAPTER 9 36-eJ '1 LOITERING ot,. Sections tt r3E- 9 36 010 Prohibitect Con- duct , tnZ4ibito Cause Alarm-AW(ML le 41, -9'36 030 'Settle-, Ibpportu- nay to Dispel Alarm4t:1 1- 09 36 040 Same 'Requisites for Conviction b 9 ,36 010 PROHIBITED CONDUCT it Shall be , Un- lawful for any person to re- 'main in a public place at a time or :in a manner not usual for law abidin9 indi- viduals and under -circum- 'stances-tthat manifest 'the intent to commit an')Lact or 'acts in violation of this title *9 3602b'CIRC*,JM- STANCS TO' CAUSE ALARM 7 Among') the cir- cumstances which may be considered in -determining whether unlawful purpose or intent is manifested 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 These examples are not ex clusive but merely demon strate some of the types of I conduct which may be con sidered on determining whether an_unlawful pur 'lose or intent Is man- ifested " 9-36-030 SAME OP- , PORTUN1TY TO DISPEL , ALARM Unless flight by I the person or-other circum- stances !bakes It Impracti- cal' 41 police ,officer shall prior to any arrest for an of- fense under this Chapter COUNTY OF BENTON SS STATE OF WASHINGTON W , 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 copy of a Or u 1 n a. n , 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), no7i commencing on co , and ending on 100702 , and that said newspaper was regulary distributed to its subscribers during all of this period ORDINANCE NO 2703 AN ORDINANCE relat ing to public safety and morals prohibiting loitering with the intent to commit an act or acts in violation of this title enumerating cir cumstances which may be considered as manifesting such intent and amending the Pasco Municipal Code Chapter 9 36 and declar ing,an emergency to make necessary the passage of this Ordinance and its tak ing effect immediately upon publication THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS Section 1 Chapter 9 36 of the Pasco Municipal Code is hereby amended by the following deletions by interlineation and addi tions by underlining to read as follows CHAPTER 9 36 LOITERING Sections 9 36 010 Prohibited Con duct 9 36 020 Circumstances to Cause Alarm 9 36 030 Same Opportu nity to Dispel Alarm 9 36 040 Same Requisites for Conviction 9 36 010 PROHIBITED CONDUCT It shall be un lawful for any person to re main in a public place at a time or in a manner not usual for law abiding indi viduals and under circum stances that manifest the i ntent to commit an act or acts in violation of this title 9 36 020 C1RCUM STANCES TO CAUSE ALARM Among the cir cumstances which may be considered in determining whether unlawful purpose or intent is manifested is the fact that the person rtakes flight upon ap pearance of a police officer refuses to identify himself or endeavors to conceal himself or any object These examples are not ex clusive but merely demon 1 strate some of the types of conduct which may be con sidered in determining whether an unlawful pur pose or intent is man ifested .i 9 36 030 SAME OP- PORTUNITY_ TO DISPEL ALARM Unless flight by the person or other circum stances makes it impracti- cal a police officer shall prior to any arrest for an of fense under this Chapter allow the person an 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 preceding section or if it appears at trial that the explanation given by the person was true and dis closed the lawful purpose Section 2 Time is of the essence in this matter be cause the City is experienc ing crime in public places particularly where groups of persons loiter or remain in areas of illegal narcotic and prostitution activity and where other crimes of vio lence occur This Ordi nance is necessary for the public health and safety and an emergency is hereby declared to exist making necessary the pas sae of this Ordinance and its taking effect upon publi cation PASSED by the City Council and APPROVED by the Mayor this 3 day of October 1988 4 Ed Hendler Mayor A ITEST s Evelyn Wells City Clerk APPROVED AS TO FORM s Greg A Rubstello , City Attorney #7342 - 10/7/88 i October 4, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2701 through 2705 on the following date: October 7, 1988 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew