1724 - Ordinance - Public Peace, Safety and Moralsy iom
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their
regular Council meeting held May 26, 1998.
ORDINANCE NO. 1724
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING NOS. 1606, 1639, 1651, 1656,
1666, AND 1675 BY REPLACING CERTAIN SECTIONS OF TITLE
NINE RELATING TO PUBLIC PEACE, SAFETY AND MORALS
FOR THE CITY OF PORT ORCHARD, REPEALING AND
REPLACING CERTAIN SECTIONS OF TITLE TEN RELATING TO
VEHICLES AND REPEALING AND REPLACING CERTAIN
SECTION OF TITLE ONE RELATING TO GENERAL
PROVISIONS FOR THE CITY OF PORT ORCHARD.
Copies of Ordinance No. 1724 are available for review at the office of the City
Clerk of the City of Port Orchard. Upon written request a statement of the full text
of the Ordinance will be mailed to any interested person without charge. Thirty
days after publication, copies of Ordinance No. 1724 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merino
Deputy Clerk
Publish: Port Orchard Independent
June 13, 1998
ORDINANCE NO.1724
AN ORDINANCE OF THE CITY OF PORT WASHINGTON,
REPEALING ORDINANCE NOS. 1606, 1639, 1651, 1656, 1666,
AND 1675 BY REPLACING CERTAIN SECTIONS OF TITLE NINE
RELATING TO PUBLIC PEACE, SAFETY AND MORALS FOR
THE CITY OF PORT ORCHARD, REPEALING AND REPLACING
CERTAIN SECTIONS OF TITLE TEN RELATING TO VEHICLES
AND REPEALING AND REPLACING CERTAIN SECTIONS OF
TITLE ONE RELATING TO GENERAL PROVISIONS FOR THE
CITY OF PORT ORCHARD.
SECTION 1. Ordinance Nos. 1606, 1639, 1651, 1656, 1666 and 1675 are hereby
repealed in their entirety, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 2. GENERAL PROVISIONS
1.04.020 Penalty for Violation
Any person violating any of the provisions or failing to comply with the mandatory
requirements of the Port Orchard Municipal Code and the ordinances of the City of Port
Orchard shall, unless another penalty is prescribed, be guilty of a misdemeanor. Any person
convicted of a misdemeanor shall be punished by a fine not to exceed one thousand dollars
($1,000.00), or by imprisonment not to exceed ninety (90) days, or by both such fine and
imprisonment. Each such person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of this code or the ordinances of the
City of Port Orchard is committed, continued, or permitted by any such person.
SECTION 3. GENERAL PROVISIONS
9.02.010 Criminal Code -Adopted
A certain document, three (3) copies of which are on file in the office of the City Clerk
shall be marked and designated as the City of Port Orchard Criminal Code, relating to the
public peace, safety, morals and welfare, and each and all of the regulations, provisions,
conditions and terms contained therein are adopted.
Ordinance No. 1724
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9.02.020 Criminal Code - Scope
The provisions of Sections 9.02.040 and 9.02.050 are applicable to offenses defined by
this Title or another ordinance, unless this Title or another ordinance specifically provides
otherwise.
9.02.030 Purposes - Principles of Construction
The following sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.04.020
9.02.040 Costs of Prosecution
Whenever anyone is convicted of any offense under a Section of this Title, or of any
other City ordinance, in addition to the fine imposed, he or she shall pay the costs of
prosecution. In default of such payments, he or she may be imprisoned until the fine is paid or
worked out on the basis of twenty-five dollars ($25.00) per each day of imprisonment.
9.02.050 Violations and Penalties
(1) Except as otherwise specifically provided in this Title, any person who commits,
conspires to commit or aids or abets or is an accomplice in, or who falsely, fraudulently or
otherwise causes, coerces, requires or directs others to commit acts declared by this Title to be
a misdemeanor shall upon conviction be punished by a fine not to exceed one thousand dollars
($1,000.00) or by imprisonment not to exceed ninety (90) days or by both such fine and
imprisonment.
(2) Except as otherwise specifically provided in this Title, any person who commits,
conspires to commit or aids or abets or is an accomplice in, or who falsely, fraudulently or
otherwise causes, coerces, requires or directs others to commit acts declared by this Title to be
a gross misdemeanor shall upon conviction be punished by a fine not to exceed five thousand
dollars ($5,000.00) or by imprisonment not to exceed one (1) year or by both such fine and
imprisonment.
(3) A violation of this Title not specifying the penalty shall be deemed to be a
misdemeanor.
9.02.060 Amendments to State Statutes
The amendment of any State statute adopted by reference in this Title shall be deemed
to amend the corresponding Section of this Title and it shall not be necessary for the City
Council to take any action with respect to such amendment. The effective date of amendment
to this Code shall be the same date upon which the amendment to the corresponding State
statute becomes effective.
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9.02.070 Severability
If any provision of the criminal code contained in this Title or its application to any
person or circumstance is held invalid, the remainder of the Title, or the application of the
provisions to other persons or circumstances is not effected, and to this end, the provisions of
this Title are declared to be severable.
SECTION 4. DEFINITIONS
9.04.010 Definitions
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.04.110
SECTION 5. LIABILITY OF CRIMINAL CONDUCT
9.08.010 Requirement of a Voluntary Act - Possession as an Act
(1) A person is not guilty of an offense unless his or her liability is based on conduct,
which includes a voluntary act or an omission to perform an act of which he or she is physically
capable.
(2) The possession of property is a voluntary act if the actor was aware of his or her
physical possession of such property or was aware of his or her control thereof for a sufficient
period of time to have been able to terminate his or her possession.
(3) For purposes of this Section:
(a) "Voluntary Act' means a bodily movement performed consciously as a
result of the actor's effort or determination.
(b) "Omission" means a failure to perform an act as to which a duty of
performance is imposed by law.
9.08.020 General Reauirements of Culoabili
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.08.010.
9.08.030 Divergence Between Result Contemplated and Actual Result
When intentionally or knowingly causing a particular result is an element of an offense,
the element is not established if the actual result is not within the purpose or contemplation of
the actor unless:
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(1) The actual result differs from that designated or contemplated, as the case may
be, only in the respect that a different person or different property is injured or affected or that
the injury or harm designed or contemplated would have more serious or more extensive than
that caused; or
(2) The actual result involves the same kind of injury or harm as that designed or
contemplated and is not too remote or accidental in its occurrence to have a bearing on the
actor's liability or on the gravity of his or her offense.
9.08.040 Divergence Between Probable and Actual Result
When recklessly or criminally negligently causing a particular result is an element of an
offense, the element is not established if the actual result is not within the risk of which the actor
is aware or, in the case of criminal negligence, of which he should have been aware unless:
(1) The actual result differs from the probable result only in the respect that a
different person or different property is injured or affected or that the probable injury or harm
would have more serious or more extensive than that caused; or
(2) The actual result involves the same kind of injury or harm as the probable result
and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or
on the gravity of his or her offense.
9.08.050 Criminal Liability of Corporations and Persons Acting in Their Behalf
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9.A.08.030
9.08.060 Criminal Attempt
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.28.010
9.08.120 Liability for the Conduct of Another - Complicity
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.08.020
9.08.130 Criminal Conspiracy
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.28.040
SECTION 6. MISCELLANEOUS
PROSECUTION
9.10.010 Intoxication
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OFFENSES — DEFENSES TO
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.16.090
9.10.020 Insanity
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.12.010
9,10.030 Duress
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.16.060
9.10.040 Entrapment
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.16.070
9.10.050 Lawful Use of Force
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.16.020
9.10.060 Discipline of a Child
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.16.100
9.10.080 Reasonable Use of Force for Detention By Shopkeeper
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.16.080
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SECTION 7. OFFENSES AGAINST GOVERNMENTAL ORDER
9.12.010 Obstructing a Law Enforcement Officer.
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.76.020
9.12.020 Refusal to Summons Aid for a Peace Officer.
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.76.030
9.12.030 Resisting Arrest.
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.76.040
9.12.040 Escape Third Degree.
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.76.010(A); RCW 9A.76.130
9.12.050 False Reporting.
(1) A person is guilty of false reporting if he or she:
(a) Initiates or circulates a written or oral report or warning of an alleged or
impending occurrence of fire, explosion, crime, catastrophe, or
emergency knowing that such report or warning contains false
information and knowing that such report or warning is likely to cause
evacuation of a building, place of assembly, or transportation facility, or to
cause substantial public inconvenience or alarm; or
(b) Makes, files, or causes to be filed with a public officer of the City a written
report, statement, application, citation or complaint which he knows to
contain a misstatement of a material fact; or
(c) Makes a verbal statement relating to a crime, catastrophe or emergency
to a police department 911 emergency operator, City of Port Orchard
Police Department personnel, or any other police officer knowing that
such statement contains a misstatement of a material fact; or
(d) Gives false information to a Police Officer when such officer is executing
a search or arrest warrant, issuing a citation, or making an arrest; or
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(e) Knowingly falsely reports or represents to any police officer or other
officer or employee having the authority to receive such reports, that he
or she has suffered the loss of any money or property as the result of
robbery, assault, holdup, larceny or burglary, or knowingly falsely reports
the commission of any criminal offense under the laws of the United
States, the State of Washington or any other state, Kitsap County or any
other county, or the City of Port Orchard or any other city.
(2) False reporting is a misdemeanor.
9.12.070 Bail JUmDIn
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.76.170
9.12.080 Rendering Criminal Assistance Third Degree
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.76.050; RCW 9A.76.090
9.12.090 Criminal Contempt
(1) A person shall be guilty of criminal contempt if he or she intentionally does any of
the following:
(a) Disorderly, contemptuous, or insolent behavior toward the Judge while
holding the Court, tending to impair its authority, or to interrupt the due
course of a trial or other judicial proceeding; or
(b) Disobedience of any lawful judgment, decree, order, or process of the
Court; or
(c) Refusal as a witness to appear, be sworn, or, without lawful authority,
refuse to answer a question; or
(d) Refusal, without lawful authority, to produce a record, document, or other
object.
(2) A Judge presiding in an action or proceeding may summarily impose the
punishment authorized by this Section 9.12.090 upon a person who commits criminal contempt
within the courtroom if the Judge certifies that he or she saw or heard the criminal contempt.
The Judge shall impose the punishment immediately after the criminal contempt or at the end of
the proceeding and only for the purpose of preserving order in the Court and protecting the
authority and dignity of the Court. The person committing the criminal contempt shall be given
an opportunity to speak in mitigation of the criminal contempt unless compelling circumstances
demand otherwise. The Order of Contempt shall recite the facts, state the punishment
imposed, and be signed by the Judge and entered on the record.
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(3) Criminal contempt is a misdemeanor.
SECTION 8. CONTROLLED SUBSTANCES
9.14.010 Definitions
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 69.50.101; RCW 69.50,102
9.14.020 Possession of Marijuana.
(1) It is unlawful for any person to possess marijuana.
(2) Possession of marijuana is a misdemeanor.
9.14.030 Possession of Drug Paraphernalia
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 69.50.412
9.14.040 Sale of Toxic Fumes
(1) No person, except a person who is, at the time of such sale, actually employed
by or engaged in operating a bona fide commercial establishment at a fixed location, shall sell
to any other person any product containing a solvent having the property of releasing toxic
vapors or fumes, and all sales of such products not made in or from such establishment are
hereby prohibited.
(2) No person shall knowingly sell or offer for sale, deliver or give away to any
person, any substance containing any of the following volatile solvents, where the seller, offer
or deliverer knows or has reason to believe that the substance will be used for the purpose of
inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any
manner change, distort or disturb the audio, visual or mental processes: toluol, hexane,
trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane,
isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclehexanone, or any
substance which will induce symptoms of intoxication, elation, dizziness, paralysis, irrational
behavior, or in any manner change, distort or disturb the audio, visual or mental processes.
(3) Sale of toxic fumes is a misdemeanor.
9.14.050 Inhaling Toxic Fumes
(1) No person shall, for the purpose of causing a condition of intoxication,
inebriation, excitement, stupification, or the dulling of the brain or nervous system, intentionally
smell or inhale the fumes of any substance containing a solvent having the property of releasing
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toxic vapors or fumes; provided, that nothing in this Section shall be interpreted as applying to
the inhalation of anesthesia for medical or dental purposes.
(2) No person shall, for the purposes of violating subsection (1), use, or possess for
the purposes of so using, any product containing a solvent having the property of releasing
toxic vapors or fumes.
(3) Inhaling toxic fumes is a misdemeanor.
9.14.060 Enhanced Penalties for Violation in a Drug Free Zone.
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 69.50.435
9.14.070 Seizure and Forfeiture
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 69.50.505; RCW 69.50.506; RCW
69.50.507
9.14.080 Drug Related Loitering
(1) It is unlawful for any person to loiter in or near any thoroughfare, place open to
the public, or near any public or private place in a manner and under circumstances manifesting
the purpose to engage in drug related activities contrary to any of the provisions of Chapters
69.41, 69.50, or 69.52 of the Revised Code of Washington.
(2) Among the circumstances, which may be considered in determining whether,
such a purpose is manifested are:
(a) Such person is a known unlawful drug user, possessor, or seller. For the
purposes of this Chapter, "known unlawful drug user, possessor or seller"
is a person who has, within the knowledge of the arresting officer, been
convicted in any court within this State of any violation involving the use,
possession, or sale of any substance referred to in Chapters 69.41,
69.50, or 69.52 of the Revised Code of Washington, or substantially
similar laws of any political subdivision of this State or any other state; or
a person who displays physical characteristics of drug intoxication or
usage, such as "needle tracks", or a person who possesses drug
paraphernalia as defined in Section 9.14.010 of the Port Orchard
Municipal Code;
(b) Such person is currently subject to an order prohibiting his or her
presence in a high drug activity geographic area;
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(c) Such person behaves in such a manner as to raise a reasonable
suspicion that he or she is about to engage in or is then engaged in
unlawful drug -related activity, including, by way of example only, such
person acting as a "lookout";
(d) Such person is physically identified by the officer as a member of a
"gang", or association, which has as its purpose illegal drug activity;
(e) Such person transfers small objects or packages for currency in a furtive
fashion;
(f) Such person takes flight upon the appearance of a police officer;
(g) Such person manifestly endeavors to conceal himself or herself or any
object, which reasonably could be involved in unlawful drug -related
activity;
(h) The area involved is by public repute known to be an area of unlawful
drug use and trafficking;
(i) The premises involved are known to have been reported to law
enforcement as a place of suspected drug activity pursuant to Chapter
69.52 of the Revised Code of Washington;
(j) Any vehicle involved is registered to a known unlawful drug user,
possessor, or seller, or a person for whom there is an outstanding
warrant for a crime involving drug related activity.
(3) Drug related loitering is a gross misdemeanor
9.14,090 Penalties for Violation
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 69.50.425
SECTION 9. CRIMES AGAINST THE PERSON
9.16.010 Assault Fourth Degree
(1) A person is guilty of assault fourth degree if he or she:
(a) Intentionally causes bodily harm by unlawfully touching, striking, beating,
spitting upon, or wounding another person; or
(b) Attempts by force or violence to cause bodily harm to another person; or
(c) Intentionally places or attempts to place another person in fear or
apprehension of bodily harm by any act, word, or threat.
(2) Assault fourth degree is a gross misdemeanor
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9.16.030 Fighting
(1) It is unlawful for any person to intentionally fight with another person in a public
place and thereby create a substantial risk of:
(a) Injury to a person who is not actively participating in the fight; or
(b) Damage to the property of a person who is not participating in the fight.
(2) In any prosecution under subsection (1) of this Section 9.16.030, it is an
affirmative defense that:
(a) The fight was duly licensed or authorized by law; or
(b) The person was acting in self-defense.
(3) Fighting is a misdemeanor.
9.16.040 Reckless Endangerment
(1) A person is guilty of reckless endangerment when he recklessly engages in
conduct, which creates a substantial risk of death or serious physical injury to another person.
(2) Reckless endangerment is a gross misdemeanor.
9.16.050 Harassment
(1) A person is guilty of harassment if:
(a) With the intent to annoy or alarm another person, he/she repeatedly uses
fighting words or obscene language, thereby causing a substantial risk of
assault; or
(b) Without lawful authority, the person knowingly threatens:
(i) To cause injury in the future to the person threatened or to any
other person; or
(ii) To cause physical damage to the property to any person other
than the actor; or
(iii) To subject the person threatened or any other person to physical
confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially
harm the person threatened or any other person with respect to
his/her physical or mental health or safety; or
(v) The person by word or conduct and thereby places the person
threatened in reasonable fear that the threat will be carried out.
(2) Harassment is a misdemeanor.
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9.16.060 Telephone Calls to Harass, Intimidate, Torment or Embarrass
(1) A person is guilty of making telephone calls to harass, intimidate, torment or
embarrass any other person if, with intent to harass, intimidate, torment or embarrass any other
person, he/she makes a telephone call to such other person:
(a) Using any lewd, lascivious, profane, indecent, or indecent words or
language, or suggesting the commission of any lewd or lascivious act; or
(b) Anonymously, repeatedly, or at an extremely inconvenient hour, whether
or not conversation ensues; or
(c) Threatens to inflict injury on the person or property of the person called or
any member of his family; or
(d) Without purposes of legitimate communication.
(2) The offense committed by the use of a telephone as set forth in this Section may
be deemed to have been committed either at the place where the telephone call or calls were
made or at the place where the call or calls were received.
(3) Telephone calls to harass, intimidate, torment or embarrass is a misdemeanor.
9,16.070 Coercion
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.36.070
9.16.080 Stalking
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are adopted by reference as a portion of the criminal code of the City as if
fully set forth in this Chapter: RCW 9A.46.110.
SECTION 10. DOMESTIC VIOLENCE PROTECTION
9.18.010 Purpose and Intent
RCW 10.99.010 is adopted by reference.
9.18.020 Definitions
(1) "Family or household members" - means spouses, former spouses, persons who
have a child in common regardless of whether they have been married or have lived together at
any time, adult persons related by blood or marriage, adult persons who are presently residing
together or who have resided together in the past, persons sixteen (16) years of age or older who
are presently residing together or who have resided together in the past and who have or have
had a dating relationship, persons sixteen (16) years of age or older with whom a respondent
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sixteen (16) years of age or older has or has had a dating relationship, and persons who have a
biological or legal parent -child relationship, including stepparents and stepchildren and
grandparents and grandchildren.
(2) 'Dating relationship" - means a social relationship of a romantic nature. Factors
that the court may consider in making this determination includes the length of time the
relationship has existed, the nature of the relationship, and the frequency of interaction between
the parties.
(3) 'Domestic violence" - includes but is not limited to any of the following crimes when
committed by one family or household member against another:
(a) Assault Fourth Degree (POMC 9.16.010);
(b) Fighting (POMC 9.16.030);
(c) Reckless Endangerment (POMC 9.16.040)
(d) Harassment (POMC 9.16.050);
(e) Telephone calls to harass, intimidate, torment or embarrass (POMC
9.16.060)
(f) Coercion (POMC 9.16.070);
(g) Violation of criminal no -contact order (POMC 9.18.070);
(h) Violation of civil protection order, civil restraining order or civil
antiharassment order (POMC 9.18.080);
(i) Criminal Trespass in the first degree (POMC 9.28.030);
Q) Criminal Trespass in the second degree (POMC 9.28,040);
(k) Malicious Mischief (POMC 9.28.050);
(1) Possession of stolen property third degree (POMC 9.28.060);
(m) Theft third degree (POMC 9.28.070);
(n) Vehicle prowling (POMC 9.28.080);
(o) Stalking (POMC 9.16.090);
(4) "Victim" - means a family or household member who has been subjected to
domestic violence.
(5) "Peace Officer" - means and includes Port Orchard Police Officer, 'law
enforcement agency" means and includes the Port Orchard Police Department, "public attorney"
means the person or persons, attorney or attorneys who have been designated by the Port
Orchard Mayor to provide legal services for the City of Port Orchard, and 'legislature" includes the
Port Orchard City Council.
9.18,030 Police Officers - Duties
RCW 10.99.030 is adopted by reference.
9.18.040 Court - Duties
RCW 10.99.040 is adopted by reference.
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9.18.050 Appearance by Defendant
RCW 10.99.045 is adopted by reference.
9.18.060 Enforcement of No -Contact Order
RCW 10.99.055 is adopted by reference.
9.18.070 Violation of Criminal No -Contact Order
(1) It is unlawful for any person to willfully violate a criminal no -contact order
prohibiting that person from contact with the victim(s) of domestic violence.
(2) For the purpose of this Section, 9.18.070, victim(s) means the spouse, ex -
spouse, relative by blood or marriage, housemate or roommate, and ex-housemate and ex -
roommate the Defendant allegedly committed a crime of domestic violence against. Domestic
violence includes, but is not limited to, the crimes of assault fourth degree, reckless
endangerment, coercion, harassment, harassment by telephone, criminal trespass in the first or
second degree, or malicious mischief.
(3) Violation of a criminal no -contact order is a gross misdemeanor
9.18.080 Violation of Civil
(1) It is unlawful for any person to willfully violate any of the following provisions of a
temporary civil protection order or a civil protection order issued pursuant to the 1984 Domestic
Violence Protection Act under RCW 26.50 or pursuant to a dissolution of Marriage — Legal
separation under Chapter 26.09 RCW.
(a) Restraining any party from committing acts of domestic violence;
(b) Restraining any party from having contact with the other party;
(c) Excluding any party from the residence of the other party;
(d) Restraining any party from interfering with the other party's custody of the
children;
(a) Restraining any party from removing the children from the jurisdiction of
the court or out of the State.
(2) It is unlawful for any person to willfully violate any provisions of a civil
antiharassment protection order.
(3) Violation of a civil protection order, civil restraining order or civil antiharassment
protection order is a gross misdemeanor.
Ordinance No. 1724
Page 15 of 39
9.18.090 Interfering with the reporting of domestic violence.
The following Section of the Revised Code of Washington (RCW), and any
amendments thereto, are adopted by reference as a portion of the criminal code of the
City as if fully set forth in this Chapter: RCW 9A.36.150.
SECTION 11. OFFENSES AGAINSTPUBLIC MORALS
9.20.010 Definitions
The following definitions shall apply in this Chapter:
(1) "Commit prostitution" means to engage in any type of sexual conduct in return
for payment of money or other compensation.
(2) "Erotic material" means any pictorial or three (3) dimensional material depicting
human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral or anal intercourse),
direct physical stimulation of unclothed genitals, Flagellation or torture in the context of a sexual
relationship, or emphasizing the depiction of adult human genitals; provided, however, that this
definition applies only to those works which applying the average standards of the City, taken
as a whole appeal to the prurient interests of persons and which lack serious literary, artistic,
political, or scientific value. In determining whether material is prohibited for public display by
this Chapter such material shall be judged without regard to any covering which may be affixed
or printed over the material in order to obscure genital areas in a depiction otherwise falling
within the definition of this subsection.
(3) Material is placed upon "public display" if it is placed by the defendant on or in a
billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase,
display case or similar place so that matter bringing it within the definition of 9.20.010(6) is
easily visible from a public thoroughfare or from the property of others, or in a public place in a
manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.
(4) "Known prostitute or procurer' means a person who within one (1) year previous
to the date of arrest for a violation of this Chapter, has within the knowledge of the arresting
officer been convicted of an offense involving prostitution.
(5) "Lewd act" means: public
(a) Exposure of one's genitals or female breasts; or
(b) Touching, caressing, or fondling of the genitals or female breasts; or
(c) Urination or defecation in a place other than a washroom or toilet room;
or
(d) Masturbation; or
(e) Sexual conduct.
Ordinance No. 1724
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(6) "Public place" is an area generally visible to public view and includes, but is not
limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles (whether moving or not), buildings open to the public, including those which serve
food and/or drink, or provide entertainment, and the doorways and entrances to buildings or
dwellings and the grounds enclosing them.
(7) "Sexual conduct' means any of the following:
(a) Sexual intercourse in its ordinary sense which occurs upon any
penetration,
however slight, or contact between persons involving the sex organs of
one and the mouth or anus of another;
(b) Masturbation, manual or instrumental, of one (1) person by another.
9.20.020 Prostitution Loitering
(1) A person is guilty of prostitution loitering if he or she remains in a public place
and intentionally solicits, induces, entices or procures another to commit prostitution.
(2) Among the circumstances which may be considered in determining whether the
actor intends such prohibited conduct are that he or she:
(a) Repeatedly beckons to, stops or attempts to stop pedestrians or engages
pedestrians in conversation; or
(b) Repeatedly beckons to, stops or attempts to stop motor vehicle operators
by hailing, waiving of arms or any other bodily gesture; or
(c) Circles an area in a motor vehicle and repeatedly beckons to, contacts or
attempts to stop pedestrians; or
(d) Is a known prostitute or procurer; or
(e) Inquires whether a potential patron, procurer or prostitute is a police
officer, searches for articles that would identify a police officer, or
requests the touching or exposing of genitals or female breasts to prove
that a person is not a police officer.
(3) Prostitution loitering is a misdemeanor.
9.20.030 Prostitution
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.88.030
9.20.040 Patronizing a Prostitute
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
Ordinance No. 1724
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City of Port Orchard as if fully set forth herein: RCW 9A.88.110. RCW 9A.88.110(2), defining
sexual conduct, is not adopted by reference and is expressly deleted.
9.20.050 Prostitution and Patronizing a Prostitute - No Defense
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.88.050
9.20.060 Permitting Prostitution
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.88.090
9.20.070 Lewd Conduct
(1) A person is guilty of lewd conduct if he or she intentionally performs any lewd act
in a public place or at a place and under circumstances where such act could be observed by
the public.
(2) The owner or operator of premises open to the public is guilty of lewd conduct if
he or she knowingly permits lewd conduct in a public place under his or her control.
(3) Lewd conduct is a misdemeanor.
9.20.080 Public Display of Erotic Material
(1) A person is guilty of public display of erotic material if he or she knowingly places
such material upon public display, or if he or she knowingly fails to take prompt action to
remove such a display from property in his or her possession after learning of its existence.
(2) Public display of erotic materials is a misdemeanor.
SECTION 12: OFFENSES AGAINST PUBLIC ORDER
9.24.010 Offenses in Public
(1) It is unlawful for a person in a public place to:
(a) Refuse to pay the proper fare in a public conveyance; or
(b) Expectorate upon the floor, walls, or furniture of any public conveyance or
public building.
(2) Violation of this Section is a misdemeanor.
Ordinance No. 1724
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9.24.020 Disorderly Conduct
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.84.030
9.24.030 Failure to Disperse
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.84.020
9.24.040 Disruption of School Activities
(1) A person is guilty of disruption of school activities if he or she comes into or
remains in any school building, classroom, or upon any school ground, street, sidewalk or
public way adjacent thereto, without lawful reason, and intentionally causes undue disruption of
the activities of the school.
(2) Disruption of school activities is a misdemeanor.
9.24,050 Public Disturbance Noises - Nuisances
(1) It is unlawful for any person to cause, or for any person in possession of property
to allow to originate from that property, sound that is a public disturbance noise. The following
sounds are determined to be public disturbance noises and constitutes a nuisance to the public:
(a) The frequent, repetitive or continuous sounding of a horn or siren
attached to a motor vehicle, except as a warning of danger or as
specifically permitted or required by law; or
(b) The creation of frequent, repetitive or continuous sounds in connection
with the starting, operation, repair, rebuilding or testing of any motor
vehicle, motorcycle, off -highway vehicle, or internal combustion engine
within a residential district so as to unreasonably disturb or interfere with
the peace, comfort and repose of owners or possessors of real property;
or
(c) The starting, operation or testing of construction equipment, such as but
not limited to backhoes, excavators, chain saws, and bull dozers,
between the hours of 10 PM and 6:30 AM, unless specifically approved
by the City of Port Orchard Public Works Department.
(d) Yelling, shouting, hooting, whistling or singing on or near the public
streets, particularly between the hours of eleven p.m. and seven a.m. or
at any time and place so as to unreasonably disturb or interfere with the
peace, comfort and repose of owners or possessors of real property; or
(e) The creation of frequent, repetitive, or continuous sounds which
emanate from any building, structure, apartment or condominium
Ordinance No. 1724
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which unreasonably disturbs or interferes with the peace, comfort
and repose of owners or possessors of real property, such as sounds
from musical instruments, audio sound systems, band sessions or social
gatherings; or
(f) Sound from motor vehicle audio sound systems, such as tape players,
radios and compact disc players, operated at a volume as to be audible
greater than fifty (50) feet from the vehicle itself; or
(g) Sound from portable audio equipment, such as tape players, radios and
compact disc players, operated at a volume as to be audible greater than
fifty (50) feet from the source;
(h) The foregoing provisions shall not apply to regularly scheduled events at
recognized public places of assembly. Recognized public places of
assembly includes, but is not limited to public parks, churches, and
schools. Provided that the foregoing enumeration of acts and noises
shall not be construed as excluding other acts and noises which offend
the public peace.
(2) Public disturbance noises is a civil infraction punishable by a $250.00 fine.
9.24.060 Pedestrian Interference.
(1) The following definitions apply in this Section:
(a) "Aggressively beg" means to beg with the intent to intimidate another
person into giving money or goods.
(b) "Intimidate" means to engage in threatening conduct, which would make
a reasonable person fearful of harm to his or her person or property.
(c) "Beg" means to ask for money or goods as a charity, whether by words,
bodily gestures, signs or other means.
(d) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or
place an object in such a manner as to block passage by another person
or a vehicle, or to require another person or a driver of a vehicle to take
evasive action to avoid physical contact.
(e) "Public Place" means an area generally visible to public view and
includes alleys, bridges, buildings, driveways, parking lots, parks, plazas,
sidewalks and streets open to the general public, including those that
serve food or drink or provide entertainment, and the doorways and
entrances to buildings or dwellings and the grounds enclosing them.
(2) A person is guilty of pedestrian interference if, in a public place, he or she
intentionally:
(a) Obstructs pedestrian or vehicular traffic; or
(b) Aggressively begs.
(3) Pedestrian interference is a misdemeanor.
Ordinance No. 1724
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(4) Pedestrian interference may be punished by a fine not to exceed $500.00 or by
imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.
SECTION 13. OFFENSES INVOLVING ALCOHOL
9.26.010 Definitions
(1) "Liquor" means the four (4) varieties of liquor defined in this Section (alcohol,
beer, wine, and spirits), and all fermented, spirituous, vinous, or malt liquor, or any combination
or mixture thereof containing one-half (1 /2) of one percent (1 %) or more of alcohol by volume.
(2) "Alcohol" means that substance known as ethyl alcohol, hydrated oxide of ethyl
or spirit of wine, which is commonly produced by fermenting or distillation of grain, starch,
molasses, or sugar, or other substances, including all dilutions or mixtures of said substances.
(3) 'Beer" means any beverage obtained by the alcoholic fermentation of an infusion
or decoction of hops, or extract of hops and barley malt or other grain or cereal in water,
including ale, stout, porter, containing one-half (1/2) of one percent (1%), or more, of alcohol by
volume.
(4) "Wine" means any alcoholic beverage obtained by fermentation of fruits or other
agricultural products containing sugar, or any such beverage to which any saccharine
substance may have been added before, during or after fermentation, or any such beverage to
which may have been added any spirits, wine spirits or alcohol, which contains one-half (1/2) of
one percent (1%), or more, of alcohol by volume.
(5) "Spirit" means any beverage obtained by distillation which contains one-half (1/2)
of one percent (1%), or more, of alcohol by volume.
(6) "Minor", for the purposes of this Chapter, means any person less than twenty-
one (21) years of age.
9.26.020 Opening, Consuming, or Possessing Liquor in a Public Place
(1) It is unlawful for any person in a public place to:
(a) Open any receptacle containing liquor; or
(b) Consume any liquor; or
(c) Possess any opened receptacle containing liquor.
(2) This Section, 9.26.020, does not apply to a public place authorized by law or
license to serve liquor.
(3) Opening, consuming, or possessing liquor in a public place is a misdemeanor.
Ordinance No. 1724
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9.26.030 Service of Liquor to Intoxicated Person
(1) It is unlawful for any person to gift, sell, or otherwise provide liquor to a person
apparently under the influence of liquor.
(2) Service of liquor to an intoxicated person is a misdemeanor.
9.26.040 Minors Prohibited Where Liquor Served
(1) It is unlawful for any person having charge of a public place where liquor is
served to admit or allow any person under the age of twenty-one (21) years to remain on the
premises contrary to the laws of the State of Washington.
(2) Minors prohibited where liquor served is a misdemeanor.
9.26.050 False Identification to Obtain Liquor
(1) It is unlawful for any person to knowingly transfer any identification of age to a
person less than twenty-one (21) years of age for the purpose of permitting such person to
obtain liquor.
(2) It is unlawful for any person to use or attempt to use any identification of age of
another person, or to make false representations as to his/her age for the purpose of obtaining
liquor.
(3) False identification to obtain liquor is a misdemeanor.
9.26.060 Minors Purchasing, Consuming, or Possessing Liquor
(1) It is unlawful for any person under the age of twenty-one (21) years to purchase,
drink, consume, or possess liquor within the City, except liquor given or permitted to be given to
a person under the age of twenty-one (21) years by his or her parent or guardian for beverage
or medicinal purposes or administered to him or her by his or her physician or dentist for
medicinal purposes or given or administered to him or her in connection with religious services.
(2) Minor purchasing, consuming, or possessing liquor is a misdemeanor.
9.26.070 Supply of Liquor to Minors
(1) It is unlawful for any person to give or otherwise supply liquor to any person
under the age of twenty-one (21) years, or to permit any person under the age of twenty-one
(21) years to consume liquor on or in his premises or vehicle or on or in any premises or vehicle
under his control except as provided in POMC 9.26.060.
(2) Supply of liquor to minors is a misdemeanor.
Ordinance No. 1724
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9.28.080 Service of Liquor During Hours of Closing
(1) It is unlawful for the manager, owner, operator or employee of any establishment
licensed by the State of Washington to sell liquor to permit any person to consume liquor, or to
sell, give away or otherwise furnish any person with liquor between the hours of two a.m. (2:00
a.m.) and six a.m. (6:00 a.m.), unless permitted by the rules and regulations of the Washington
State Liquor Control Board.
(2) Service of liquor during hours of closing is a misdemeanor.
9.26.090 Knowledge of Age Not Element of Offense
In any prosecution under this Chapter and notwithstanding any other provision hereof, it
is not a defense that the actor reasonably believed that the other person was twenty-one (21)
years of age or older.
SECTION 14. CRIMES AGAINST PROPERTY
9.28.010 Definitions
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.52.010; RCW 9A.56.010
9.28.020 Criminal Impersonation
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.60.040
9.28.030 Criminal Trespass in the First Degree
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.52.070
9.28.040 Criminal Trespass in the Second Degree
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.52.080
Ordinance No. 1724
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9.28.050 Defenses to Criminal Trespass
The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.52.090
9.28.060 Malicious Mischief Third Degree
(1) A person is guilty of malicious mischief third degree if he or she knowingly and
maliciously causes physical damage to property, public or private, of another, in the amount of
two hundred fifty dollars ($250.00) or less.
(2) The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.48.100; ROW 9A.48.090(2).
9.28.070 Possession of Stolen Property Third Degree
The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.56.140(1); ROW 9A.56.140(2); ROW
9A.56.170
9.28.090 Theft Third Degree
The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.56.020; ROW 9A.56.050
9.28.100 Vehicle Prowling
The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.52.100
9.28.110 Unlawful Issuance of a Bank Check
The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.56.060.
9.28.120 Failure to Deliver Leased Personal Property
(1) Every person being in possession thereof who shall willfully and without
reasonable cause fail to deliver leased personal property valued at two hundred fifty dollars
($250.00) or less to the lessor within ten (10) days after written notice of the expiration of the
Ordinance No. 1724
Page 24 of 39
lease has been mailed to the lessee by registered or certified mail with return receipt requested,
shall be guilty of failure to deliver leased personal property.
(2) There shall be no prosecution under this Section 9.28.120 unless such lease is
in writing, and contains a warning that failure to promptly return leased property may result in a
criminal prosecution, and the notice mailed pursuant to the provisions of the subsection shall
clearly state that the lessee may be guilty of a crime upon his failure to return the property to
the lessor within ten (10) days.
(3) In any prosecution under this Section 9.28.120, any allegation containing a
description of the lease by reference to the date thereof and names of the parties shall be
sufficiently definite and certain.
(4) As used in this subsection 9.28.120, the term 'lease" shall also include rental
agreements.
(5) The provisions of this Section 9.28.120 shall be cumulative and nonexclusive
and shall not affect any other criminal provision.
(6) Failure to return leased personal property is a misdemeanor.
9.28.130 Theft of Cable Television Services
The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.56.220
9.28.140 Defrauding a Public Utility Third Degree
The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.61.010; ROW 9A.61.020; ROW
9A.61.050; ROW 9A.61.060; ROW 9A.61.070.
9.28.150 Reckless Burnin
The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.48.050; ROW 9A.48.060
9.28.160 Making or Possessing Burglary Tools
The following Sections of the Revised Code of Washington (ROW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: ROW 9A.52.060
Ordinance No. 1724
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9.28.170 Computer Trespass Second Degree
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.52.120
9.28.180 Obscuring the Identity of a Machine
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9A.56.180
SECTION 15. NUISANCES
9.30.010 Definitions
The words and phrases used in this Chapter, unless the context otherwise indicates, shall
have the following meanings:
(1) "Abate" means to repair, remove, replace or destroy or otherwise remedy the
condition in question by such means and in such a manner and to such an extent as the
enforcement officer in his/her judgement, determines is necessary in the interest of the general
health, safety and welfare of the community.
(2) "Enforcement Officer' means an individual or group of individuals appointed by the
City Council for the purpose of enforcing this Chapter.
(3) "Premises" means any building, lot, parcel, real estate or land or portion of land
whether improved or unimproved, including adjacent sidewalks and parking strips.
(4) "Responsible person" means any agent, lessee or other person occupying or
having charge or control of any premises, except the owner.
9.30.020 Types of Nuisances - Each of the following conditions, unless otherwise permitted by
law is declared to constitute a public nuisance and whenever the enforcement officer determines
that any of these conditions exist upon any premises or in any lake, river, stream drainage way, or
wetlands, the officer may require or provide for the abatement thereof pursuant to this ordinance:
(1) The existence or any weeds, trash, dirt, filth, the carcass of any animal, waste
shrubs, accumulation of lawn or yard trimmings or other offensive matter;
(2) The existence of any dead, diseased, infested or dying tree that may constitute a
danger to street trees, streets or portions thereof;
Ordinance No. 1724
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(3) The existence of any tree, shrub or foliage, unless by consent of the City, which is
apt to destroy, impair, interfere or restrict:
(a) Streets, sidewalks, sewer, utilities or the public improvements,
(b) Visibility on, or free use of, or access to such improvements;
(4) The existence of any vines or climbing plants growing into or over any street tree,
or any public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on,
around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance of
facility provided for fire protection purposes in such a way as to obscure the view thereof or impair
the access thereto;
(5) The existence of any accumulation of materials or objects in a location when the
same endangers property, safety or constitutes a fire hazard;
(6) The existence of a sidewalk or a portion of a sidewalk adjacent to any premises
which is out of repair, and in a condition to endanger persons or property, or in a condition to
interfere with the public convenience in the use of such sidewalk;
(7) The existence of caterpillar infestation;
(8) The burning or disposal of refuse, sawdust or any other material without a permit;
(9) The existence of any obstruction to a street, alley, crossing or sidewalk, and any
excavation in or under any street, alley, crossing or sidewalk, which is by ordinance prohibited, or
which is made without lawful permission or which, having been made by lawful permission is kept
and maintained after the purpose thereof has been accomplished, or for an unreasonable length
of time;
(10) The erecting, maintaining, using, placing, depositing, leaving or permitting to be or
remain in or upon any private lot, building, structure or premises, or in or upon any street, alley,
sidewalk, park, parkway or other public or private place in the City, and one or more of the
following disorderly, disease -causing places, conditions or things:
(a) Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the
whole or any part of any dead animal, fish or fowl, or waste parts of fish,
vegetable or animal matter in any quantity; but nothing herein shall prevent
the temporary retention of waste in approved covered receptacles,
(b) Any privies, vaults, cesspools, sumps, pits or like places which are not
securely protected from flies and rats, or which are foul or malodorous,
(c) Any filthy, littered or trash -covered dwellings, cellars, house yards,
barnyards, stable yards, factory yards, vacant areas in the rear of stores,
vacant lots, houses, buildings or premises,
(d) Any animal manure in any quantity which is not securely protected from
flies or weather conditions, or which is kept or handled in violation of any
ordinance of the City,
Ordinance No. 1724
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(e) Any poison oak or poison ivy, russian thistle, tansy ragwort or other noxious
weeds, whether growing or otherwise; but nothing herein shall prevent the
temporary retention of such weeds in approved covered receptacles,
(f) Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal
articles, bric-a-brac, broken stone or cement, broken crockery, broken
glass, broken plaster and all such trash, or abandoned material, unless it is
kept in approved covered bins or galvanized iron receptacles,
(g) Any trash litter, rags, accumulations of empty barrels, barrels, boxes,
crates, packing cases, mattresses, bedding, excelsior, packing hay, straw
or other packing material, lumber not neatly piled, scrap iron, tin or other
metal not neatly piled, or anything whatsoever in which flies or rats may
breed or multiply or which may be a fire hazard;
(11) The depositing or burning or causing to be deposited or burned in any street, alley,
sidewalk, park, parkway or other public place which is open to travel, of any hay, straw, paper,
wood, boards, boxes, leaves, manure or other rubbish or material;
(12) The existence of any fence or other structure or thing on private property abutting
or fronts upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed
or other dilapidated or unsafe condition;
(13) The existence on any premises of any unused or abandoned trailer, housetrailer,
automobile, boat or other vehicle which is not currently registered with the State of Washington
and does not have a current registration tab on the vehicle's license plate which is attached to that
vehicle, with the following three exceptions:
(a) An unregistered vehicle or trailer may be stored in a garage if that garage is
secured with a door, which can be closed,
(b) One unregistered vehicle or trailer per residential lot can be stored under a
tarp if the tarp is well maintained and secured to that vehicle;
(c) Any of the above listed items which are useable but not required to be
registered by the State of Washington or the state of residence of the legal
owner(s).
(14) The existence on any premises of any major parts of a trailer, housetrailer,
automobile, boat or other vehicle, to include batteries, tires, and wheels;
(15) The storage or placement of household garbage, litter, construction debris or other
trash in any trailer, housetrailer, automobile, boat or other vehicle for more than 24 hours;
(16) The existence on any premises of any abandoned or unused well, cistern or
storage tank without first demolishing or removing from the City such storage tank or securely
closing and barring any entrance or trapdoor thereto or without filling any well or cistern or capping
the same with sufficient security to prevent access thereto by children;
(17) The existence on any premises in a place accessible to children, of any
unattended and/or discarded icebox, refrigerator or other large appliance;
Ordinance No. 1724
Page 28 of 39
(18) The existence of any drainage onto or over any sidewalk or public pedestrian way;
(19) The existence of any goods, merchandise or property of any kind on any streets,
alleys or sidewalk of the City which unreasonably obstructs pedestrian or vehicular traffic.
9.30.030 Prohibited Conduct
(1) It is unlawful for any responsible person or owner to permit, maintain,
suffer, carry on or allow, upon any premises or in lake, river, stream, drainage way or wetlands,
any of the acts of things declared by this Chapter to be a public nuisance;
(2) It is unlawful for any person to create, maintain, carry on or do any of the
acts or things declared by this Chapter to be a public nuisance.
9.30.040 Disposal of Diseased Animal Carcass - Violation, a Misdemeanor.
Every person owning or having charge of any animal that has died or been killed on
account of disease shall immediately bury the carcass thereof at least three feet underground at a
place approved by the (City or county) health officer. No person shall sell or offer to sell or give
away the carcass of any animal, which died or was killed on account of disease. Every violation of
any provision of this Section is a misdemeanor.
9.30.050 Enforcement - Notice
Any enforcement officer appointed by the City Council, having knowledge of any public
nuisance, shall cause any owner or other responsible person to be notified of the existence of a
public nuisance on any premises and shall direct the owner or other responsible person to abate
the condition within 10 days after notice. (The notice shall be substantially in the following form):
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
TO
(name and address of person notified)
As owner, agent, leasee or other person occupying or having charge or control of
the building, lot or premises at you are hereby notified that the
undersigned pursuant to Ordinance of the City of Port Orchard has
determined that there exists upon or adjoining said premises the following
condition contrary to the provisions of subsection of City Ordinance
You are hereby notified to abate said condition to the satisfaction of the
undersigned within ten (10) days of the date of this notice. If you do not abate
such condition within ten (10) days, the City may abate the condition at your
expense. In addition, the City may begin issuing citations pursuant to subsection _
of Ordinance No.
Ordinance No. 1724
Page 29 of 39
Abatement is to be accomplished in the following manner:
You may appeal this Notice to Abate decision by filing a written notice of appeal
with the City Council of the City of Port Orchard within five (5) days after the date
of this notice.
Dated
Name of Officer
9.30.060 Abatement by the City
In all cases where the enforcement officer has determined to proceed with abatement by
the City ten (10) days after notice the City shall acquire jurisdiction to abate the condition at the
person's expense as herein provided. Upon the abatement of the condition or any portion thereof
by the City, all expenses thereof shall constitute civil debt owing to the City jointly and severally by
such of the persons who have been given notice as herein provided. The debt shall be collectable
in the same manner as any other civil debt owing to the City.
9.30.070 Abatement by Owner or Other Responsible Person
If and when an owner or other responsible person shall undertake to abate any condition
described in this Chapter, whether by order of the enforcement officer or otherwise, all needful
and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is
unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing
in this Chapter shall relieve any owner or other responsible person of the obligation of obtaining
any required permit to do any work incidental to the abatement.
9.30.080 Appeal
Any person who has received a notice to abate a condition as determined by the Code
Enforcement Officer under POMC 9.30.050 of this Chapter may appeal said determination by
filing written notice of appeal within five (5) days after the date of said notice to abate, with the City
Council. Said notice shall set forth the grounds upon which the appeal is based. Upon receipt of
notice of appeal the City Council shall hold a hearing not more than thirty (30) days after said
appeal was filed. It shall be the duty of the code enforcement officer to present proof relating to
the grounds for the issuance of the notice to abate. If the City Council finds that a nuisance exists
based on the criteria of this ordinance the Council shall order that such nuisance be abated
pursuant to this ordinance and shall set forth reasonable time limits for such abatement. If the
Council finds that a nuisance does not exist under this ordinance, the Council shall cancel the
notice to abate. Upon the filing of a proper notice of appeal under POMC 9.30.070, the time limits
Ordinance No. 1724
Page 30 of 39
specified in POMC 0.30.050 & POMC 9.30,060 shall be stayed during the pendency of the
appeal.
9.30.090 Immediate Danger —Summary Abatement
Whenever any condition on or use of property causes or constitutes or reasonably
appears to cause or constitute an imminent danger to the health or safety of the public or a
significant portion thereof, the enforcement officer shall have the authority to summarily and
without notice abate the same. The expenses of such abatement shall become a civil debt
against the owner or other responsible party and be collected as provided in POMC 9.30.060.
9.30.100 Additional Remedies
In addition to any other remedy provided in this Chapter, any owner, responsible person,
firm, corporation or agent which violates, disobeys, omits, neglects or refuses to comply with any
of the provisions of this Chapter shall be deemed guilty of a civil infraction. Each five calendar day
period that a violation exists constitutes a separate offense.
SECTION 16. OFFENSES BY AND AGAINST MINORS
9.32.010 Definitions
For the purposes of this Chapter, the words contained in this Chapter are defined as
follows:
(1) "Abused child" means a physically or sexually mistreated child as defined in
RCW 13.34.030.
(2) "Child" means a person less than eighteen (18) years of age, unless otherwise
specified.
(3) "Delinquent act' means an act committed by a child, which would be designated
a crime if committed by an adult.
(4) "Dependant child" means a child who is:
(a) Neglected, as defined in Subsection 6 of this Section; or
(b) Abused as defined in Subsection 1 of this Section.
(5) "Minor" means any person less than eighteen (18) years of age, unless
otherwise specifically designated.
(6) "Neglected child" means a child who is:
(a) Without a parent or legal guardian, or legal custodian or who has been
abandoned by such; or
Ordinance No. 1724
Page 31 of 39
(b) In a situation of clear and present danger of suffering substantial damage
to his or her mental or physical health; or
(c) A runaway from his or her home or a fugitive from his or her parent or
guardian.
9 32.020 Leaving Child Unattended in a Parked Automobile
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9,91.060
9 32.030 Purchasing or Obtaining Tobacco by Persons Under the Age of Eighteen —
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW: 70.155.080.
9.32.040 Contributing to the Delinquency of a Minor
(1) A person is guilty of contributing to the delinquency of a minor if, by act or
omission, he or she knowingly causes or encourages a minor to commit or otherwise
contributes to a minor's commission of a delinquent act.
(2) Contributing to the delinquency of a minor is a misdemeanor.
9.32.050 Leaving a Child Unattended
(1) It is unlawful for any person having the care and custody, whether temporary or
permanent, of a child five (5) years old or less to leave such a child unattended.
(2) For purposes of this Section, a person leaves a child "unattended" if that person
leaves the child without the direct and immediate supervision by any person twelve (12) years
old or older and under circumstances causing alarm in a reasonable person as to the safety
and welfare of the child.
(3) Leaving a child unattended is a misdemeanor.
SECTION 17. LITTERING
9.34.010 Definitions.
For the purposes of this Chapter the following terms, phrases, words and their
derivations shall have the meaning given herein.
Ordinance No. 1724
Page 32 of 39
(1) "Aircraft" is any contrivance now known or hereafter invented, used, or designed
for navigation or for flight in the air. The word "aircraft" shall include, but is not limited to,
helicopter and lighter than air dirigibles and balloons.
(2) "Authorized receptacle" is a litter storage and collection receptacle as authorized
by the City of Port Orchard.
(3) "Commercial handbill" is any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet, or any printed or otherwise reproduced
original or copies of any matter of literature which:
(a) Advertise for sale any merchandise, product, commodity, or thing; or
(b) Directs attention to any business or mercantile or commercial
establishment, or other activity for the purpose of either directly or
indirectly promoting thereof by sales; or
(c) Directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged for
the purposes of private gain or profit; but the terms of this clause shall not
apply where an admission fee is charged or a collection is taken up for
purposes of defraying the expenses incident to such meeting, theatrical
performance, exhibition, or event of any kind, when either of the same is
held, given or takes place in connection with the dissemination of
information which is not restricted under the ordinary rules of decency,
god morals, public peace, safety and welfare; provided, that nothing
contained in this clause shall be deemed to authorize the holding, giving
or taking place of any meeting, theatrical performance, exhibition, or
event of any kind, without a license, where such license is or may be
required by law of this State, or under any ordinance of this City; or
(d) While containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or
circulated for advertising purposes, or for the private benefit and gain of
any person so engaged as advertiser or distributor.
(4) "Garbage" is putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking , and consumption of food.
(5) "Litter" is "garbage", "refuse", and "rubbish" as defined herein and all other waste
material which, if thrown or deposited as prohibited in this Chapter, tends to create a danger to
public health, safety, and welfare.
(6) "Newspaper" is any newspaper of general circulation as defined by general law,
any newspaper duly entered with the Post Office Department of the United States, in
accordance with Federal statute or regulation, and any newspaper filed and recorded with any
recording officer as provided by general law; and in addition thereto, shall mean and include
any periodical or current magazine regularly published with not less than four (4) issues per
year, and sold to the public.
(7) "Noncommercial
dodger, circular, leaflet, pamf
original or copies of any matt
handbill" or "newspaper".
Ordinance No. 1724
Page 33 of 39
handbill" is any printed or written matter, any sample or device,
filet, paper, booklet, or any printed or otherwise reproduced
ar of literature not included in the definition of a "commercial
(8) "Private premises" is any house, building, dwelling or other structure, designed
or used either wholly or in part for private residential purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway,
porch, steps, vestibule or mailbox belonging or appurtenant to such building, house, dwelling or
other structure.
(9) "Refuse" is all putrescible and nonputrescible solid wastes (except body wastes)
including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles,
and solid market and industrial wastes.
(10) "Rubbish" is nonputrescible solid wastes consisting of both combustible and
noncombustible wastes such as paper, wrappings, cigarettes, tin cans, yard clippings, wood,
glass, bedding, crockery, and similar materials.
9.34.020 Littering in Public Place
(1) No person shall throw or deposit litter in or upon any public place within the City
except in public receptacles or in authorized private receptacles for collection.
(2) Persons placing litter in public receptacles or authorized private receptacles shall
do so in such a manner as to prevent it from being carried or deposited by the elements in or
upon any public place or private property.
(3) No person shall move any vehicle within the City unless such vehicle is so
constructed or loaded as to prevent any litter from being blown or deposited upon any public
place.
(4) No person shall throw out, drop or deposit within the City any litter, handbill, or
any other object.
(5) Littering in a public place is a misdemeanor.
9.34.030 Posting Notices
(1) No person shall post or affix any notice, poster, or other paper or device,
calculated to attract the attention of the public, to any lamppost, public utility pole, or upon any
public structure or building except as may be authorized or required by law.
(2) No person shall be prosecuted under this Section, 9.34.030, unless the violation
occurred subsequent to that person receiving actual notice that such conduct is criminal.
(3) Posting notices is a misdemeanor.
Ordinance No. 1724
Page 34 of 39
9.34.040 Placing Handbills on Vehicles.
(1) No person shall deposit any commercial or noncommercial handbill in or upon
any vehicle unless that person has been issued a license to distribute handbills pursuant to Port
Orchard Municipal Code Section 5.52.100 and has posted a bond pursuant to Port Orchard
Municipal Code Section 5.52.110. Provided, however, that it is not unlawful in any public place
for a person to hand or distribute without charge to the receiver thereof, a noncommercial
handbill to any occupant of a vehicle who is willing to accept it.
(2) Placing handbills on vehicles is a misdemeanor.
9.34.050 Handbill Distribution Prohibited Where Posted
(1) No person shall deposit or distribute any commercial or noncommercial handbill
upon any private premises, if required by anyone thereon not to do so, or if there is placed on
the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No
Trespassing;' "No Peddlers or Agents," "No Advertisements", "No Soliciting," or any other
similar notice, indicating in any manner that the occupants of the premises do not desire to be
molested or have their right of privacy disturbed, or to have any such handbills left upon such
premises.
(2) Distribution of a handbill in violation of this Section is a misdemeanor.
9.34.060 Distribution of Handbills at Private Premises
(1) No person shall deposit or distribute any commercial or noncommercial handbill
in or upon any private premises, except by handing or transmitting such handbill directly to the
owner, occupant, or other person then present in or upon such private premises, or by placing
or depositing such handbill as to secure them from being blown or drifted about such premises
or any public place.
(2) The provisions of this Section shall not apply to the distribution of mail by the
United States, nor to newspapers, except that newspapers shall be placed on private property
in such a manner as to prevent their being carried or deposited by the elements upon any
private premises or public place.
(3) Distribution of a handbill in violation of this Section is a misdemeanor.
Ordinance No. 1724
Page 35 of 39
SECTION 18. WEAPONS AND EXPLOSIVES
9.36.010 Definitions
(1) The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9.41.010
(2) "Aerosol tear gas personal protection device" means a container for dispensing
tear gas, the active ingredient of which is either chloracetophenone (CN) or O-
chlorobenzylidene malonotrile (CS) within the range of .08% to 1.2% of the net contents by
volume, oleoresin capsicum, or other non -lethal irritant or inflammatory agent, which container
has a net weight of one hundred fifty (150) grams or less.
(3) "Air gun" as used in this Chapter means and includes the following: air gun, air
pistol, air rifle, BB gun and toy gun of any kind or nature when so designed, contrived, modified
and used to propel, by compressed air, gas or spring loaded plunger, any pellet, dart, hard
tipped arrow, bean, pea, BB, rock or any other hard substance a distance of more than 25 feet
with sufficient force to break windows or to inflict injury upon persons or animals.
(4) "Dangerous knife" means any fixed -blade knife and any other knife having a
blade of more than three and one half (3 1/2) inches in length.
(5) "Fixed -blade knife" means any knife, regardless of blade length, with a blade
which is permanently open and does not fold or retract or slide into the handle of the knife, and
includes, but is not limited to, any dagger, sword, bayonet, bolo knife, hatchet, axe, straight -
edged razor, or razor blade not in a package, dispenser or shaving appliance.
(6) "Gas pen", "gas pencil', "gas bomb", and "gas pistol' means any pen, pencil,
bomb, pistol or other device which is capable of containing and emitting tear gas or any noxious
liquid, gas or substance; provided, that this definition does not include an aerosol personal
protection device as defined in Section 9.36.010(1).
(7) "Switchblade knife" means any knife having a blade that opens automatically by
hand pressure applied to a button, spring mechanism or other device, or blade that opens, falls
or ejected into position by force of gravity or by an outward, downward or centrifugal thrust or
movement.
9.36.020 Statutes Adopted by Reference
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 9.41.050; RCW 9.41.060; RCW 9.41.070;
RCW 9.41.080; RCW 9.41.090; RCW 9.41.097; RCW 9.41.098; RCW 9.41.100; RCW
9.41.110; RCW 9.41.120; RCW 9.41,140; RCW 9.41.170; RCW 9.41.230; RCW 9.41.240;
RCW 9.41.260; RCW 9.41.270; RCW 9.41.280; RCW 9.41.300.
Ordinance No. 1724
Page 36 of 39
9.36.130 Unlawful Use of Weapons
(1) Any person who shall knowingly sell, manufacture, purchase, possess, or carry
any blackjack, sand -club, metal knuckles, switchblade knife, throwing stars, gas pen, gas
pencil, gas bomb, gas pistol or any device or attachment of any kind designed, used or
intended for use in silencing the noise of any firearm shall be guilty of a misdemeanor.
(2) The Municipal Court may order forfeiture of any weapon identified in this Section.
SECTION 19: BOATING PROVISIONS
10.88.010 Statutes Adopted by Reference
The City adopts by reference Revised Code of Washington 88.02.080, 88.02.095, and
Washington Administrative Code 308-93-080, 308-93-135, 308-93-140, 308-93-145, 308-93-
155, 308-93-220, 352-60-030, 352-60-040, 352-60-050, 352-60-060, 352-60-070, 352-60-080,
352-60-090 and 352-60-100 relating to the regulation and safe operation of vessels in Port
Orchard's Boating Ordinances as though fully set forth therein.
10.88.020 Nonappearance After Written Promise
Any person violating his or her written or signed promise to respond to a notice of an
infraction or notice of violation under this Chapter, 10.88, is guilty of a misdemeanor regardless
of the disposition of the charge upon which he or she was originally arrested or the disposition
of the notice of infraction or notice of violation.
10.88.030 Refusal to Sign Notice of Infraction or Notice of Violation
Any person who knowingly refuses to sign a promise to appear on a subsequent Court
date or a promise to respond to an infraction or violation under this Chapter is guilty of a
misdemeanor.
SECTION 20: JUNK VEHICLES
10.92.010 Definitions
The following Sections of the Revised Code of Washington (RCW), and any
amendments thereto, are hereby adopted by reference as a portion of the criminal code of the
City of Port Orchard as if fully set forth herein: RCW 46.55.010(4)
Ordinance No. 1724
Page 37 of 39
10.92.020 Nuisance Declared
A junk vehicle remaining on private property, with or without the consent of the owner,
for more than twenty (20) days is a public nuisance and shall be abated in accordance with the
procedures listed in Section 10.92.030.
10.92.030 Abatement Procedure
(1) A Police Officer or designated Code Enforcement Officer shall inspect and
certify that a vehicle meets the requirements of a junk vehicle. The officer shall record the
make and vehicle identification number or license number of the vehicle if available, and shall
also describe in detail those criteria which bring the vehicle under the definition of a junk
vehicle.
(2) Upon request from a Police Officer or designated code enforcement officer
presenting the information outlined in Section 10.92.030(1), the City Engineer shall issue an
abatement notice by registered or certified mail to the last registered owner of record of the
vehicle and the record owner of the property upon which the vehicle is located that such vehicle
has been declared a nuisance, that the City will remove and dispose of the vehicle, that a
hearing regarding the removal and disposal of the vehicle may be requested and the manner
for requesting such a hearing, that, if no request for a hearing is received by the City within 10
days from the data such notice is mailed, the City will abate the nuisance by removal and
disposal of the vehicle, and that costs of removal and disposal may be assessed against the
last registered owner of record of the vehicle and the record owner of the property upon which
the vehicle is placed; provided, that notice to the last registered owner of record of the vehicle is
not required where the vehicle is in such condition that identification numbers are not available
to determine ownership.
(3) If a request for a hearing is received by the City within 10 days from the date the
abatement notice is mailed, a notice giving the time, location, and date of the hearing on the
question of abatement and removal of the vehicle or part thereof as a public nuisance shall be
mailed, by certified mail, with a five (5) day return receipt requested, to the owner of record of
the property upon which the vehicle is located and to the last registered owner of record;
provided that notice to the last registered owner of record of the vehicle is not required where
the vehicle is in such condition that identification numbers are not available to determine
ownership.
(4) After notice has been given to the registered owner of the vehicle and to the
record owner of the property upon which the vehicle is located of the intent of the City to
remove and dispose of such vehicle as a nuisance, and after a hearing, if requested, has been
held, the junk vehicle shall be removed at the request of the City Engineer; provided that notice
to the last registered owner of record of the vehicle is not required where the vehicle is in such
condition that identification numbers are not available to determine ownership. The City
Engineer shall direct a registered disposer to remove and dispose of such junk vehicle. The
City Engineer shall additionally notify the Washington State Patrol and the Washington
Department of Licensing that such vehicle has been wrecked.
Ordinance No. 1724
Page 38 of 39
10.92.040 Assessment of Costs of Abatement
(1) Costs of abatement and removal of junk vehicles shall be a joint and several
debt assessable against the registered owner of such vehicle and the record owner of the
property from which such vehicle is removed for disposal except as otherwise provided for in
this Section.
(2) Costs of abatement and removal of junk vehicles shall not be assessed against
the registered owner of such vehicle if the registered owner has transferred ownership prior to
the notice of abatement being mailed, and the registered owner has complied with RCW
46.12.101.
(3) The record owner of the property from which the vehicle is removed for disposal
may appear in person at the hearing or present a written statement in time for consideration at
the hearing, and deny responsibility for the presence of the vehicle on the land, with the
reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land
without the consent of the landowner and that the landowner has not subsequently acquiesced
in its presence, then the City shall not assess costs for the removal and disposal of such vehicle
against the record owner of the property.
10.92.050 Exceptions
This Chapter, relating to junk vehicles shall not apply to:
(1) A vehicle or part thereof that is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or private property; or
(2) A vehicle or part thereof that is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler or licensed vehicle dealer and
is fenced according to RCW 46.80.130.
10.92.060 Alternative Abatement
Nothing in this Chapter or other ordinances and regulations of the City shall restrict a
private landowners' authority to have vehicles removed under the common law or pursuant to
State statutes.
10.92.070 Hearings
All hearings required by this Chapter shall be conducted by an Administrative Hearings
Officer who shall be the Judge, or Judge Pro Tem, of the Port Orchard Municipal Court. The
decision of the Administrative Hearings Officer shall be a final decision.
Ordinance No. 1724
Page 39 of 39
PASSED by the City Council of the City of Port Orchard, signed by the Mayor
and attested by the Clerk in authentication of such passage thi 'h a f May, 1998.
LESLIE J. WEATHERILL, MAYOR
ATTEST."
P tricia Parks, City Clerk
APPR VED AS TO FORM: SPO ORED BY:
2 S City —Attorney Councilman Stansbery