1125 - Ordinance - Repealing POMC Chapter 9 Peace, Safety, and MoralsORDINANCE NO. 1125'✓
AN ORDINANCE REPEALING CERTAIN ORDINANCES
IN CHAPTERS 9.04, 9.08, 9.12, 9.16, 9.20,
9.24, 9.28, 9.32, 9.36 and 9.44 OF THE
PORT ORCHARD MUNICIPAL CODE AND ADDING
NEW CHAPTERS AND SECTIONS THEREOF TO TITLE
9 OF THE PORT ORCHARD MUNICIPAL CODE
RELATING TO PEACE, SAFETY AND MORALS.
THE CITY OF PORT ORCHARD DOES ORDAIN:
SECTION 1. That the following chapters of the
Port Orchard Municipal Code and sections contained therein and
ordinances corresponding thereto be, and the same hereby are
repealed.
9.04 Ordinance 17 Div. 1 S 1, 2, 3, 5, 7, 8, 9
Ordinance 773
Ordinance 978
Ordinance 896
Ordinance 892
Ordinance 794
Ordinance 785
Ordinance 786
9.08 Ordinance 740
S 1
S 1
S 1
S 1
S 1
S 1
S 1
S 1 - 10
9.12
Ordinance
591
S
2, 3
9.20
Ordinance
497
S
1 - 5
9.24
Ordinance
17
Div. 3 S
7
9.28
Ordinance
253
S
1, 2, 3
9.32
Ordinance
374
S
1
e(yd bq 9.36
Ordinance
17 D9v.
4 S
1, 3, 4
and• IDX3 -4'/f7-
Ordinance
424
S
1, 2
9.44
Ordinance
845
S
1, 2
Ordinance
1110
SECTION 2. That the following sections be added
-10N as new additions to Title 9 of the Port Orchard Municipal
Code.
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k1 via ,,d e d b y 1 aoo - s/n
iI I qn
Ordinance No. 1125
Page 2
SECTION 3. EMERGENCY DECLARATION. There
exists, and is hereby declared to exist, an emergency; and
this ordinance is necessary for the immediate preservation
of the public peace, health and safety of the citizens of
Port Orchard, and shall be in full force and effect
immediately upon passage and publication.
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 this 28th day of January, 1980.
PAUL D. POWERS, JR,, MAYOR
ATTEST:
- R. G. Lloyd, City Cl
APPROVED AS TO FORM:
PROPOSED CRI14INAL CODE
DEFINITIONS & GENERAL PROVISION
I. In this title unless a different meaning plainly is required:
1. "Acted" includes, where relevant, omitted to act.
2. "Actor" includes, where relevant, a person failing to act.
3. "Benefit" is any gain or advantage to the beneficiary,
including any gain or advantage to a third person pursuant
to the desire or consent of the beneficiary.
4. "Bodily injury" or "physical injury" means physical pain,
illness, or an impairment of physical condition.
5. "Building," in addition to its ordinary meaning, includes
any dwelling, fenced area, vehicle, railway car, cargo
container, or any other structure used for lodging of
persons or for carrying on business therein, or for the
use, sale or deposit of goods; each unit of a building
consisting of two or more units separately secured or
occupied is a separate building.
6. "Deadly weapon" means any explosive or loaded or unloaded
firearm, and includes any other weapon, device, instrument,
article, or substance, including a vehicle as defined in
this section, which, under the circumstances in which it
is used, attempted to be used, or threatened to be used,
is readily capable of causing death or serious bodily injury.
7. "Dwelling" means any building or structure, though movable
or temporary, or a portion thereof, which is used or
ordinarily used by a person for lodging.
8. "Government" includes any branch, subdivision, or agency of
the government of this state and any federal county, city
district, or other local governmental unit.
9. "Governmental function" includes any activity which a public
servant is legally authorized or permitted to undertake on
behalf of a government.
10. "Malice" and ",Maliciously" import an evil intent, wish, or
design to vex, annoy, or injure another person. [Malice
may be inferred from an act done in wilful disregard of
the rights of another, or an act wrongfully done without
just cause or excuse, or an act or omission of duty betraying
a wilful disregard of social duty.
11. "Officer" and "public officer" means a person holding office
under a city, county, or state government, or the federal
government who performs a public function and in so doing
is vested with the exercise of some sovereign power of
government, and include all assistants, deputies, clerks,
and employees of any public officer and all persons lawfully
excercising or assuming to exercise any of the powers or
functions of a public officer.
12. "Omission" means a failure to act.
13. "Peace Officer" means a duly appointed city, county, or state
law enforcement officer.
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14. "Pecuniary benefit" means any gain or advantage in the form
of money, property, commercial interest, or anything else
the primary significance of which is economic gain.
15. "Person", "he", and "actor" include any natural person and
where relevant, a corporation, joint stock association, or
an unincorporated association.
16. "Prison" means any place designated by law for the keeping
of persons held in custody under process of law, or under
lawful arrest, including but not limited to any state
correctional institution or any county or city jail.
17. "Prisoner" includes any person held in custody under process
of law, or under lawful arrest.
Id. "Property" means anything of value, whether tangible or in-
tangible, real or personal.
19. "Public Place" means any street, alley, building or any
other place or area where the general public as unrestricted
access.
20. "Statute" means the constitution or an act of the legislature
or initiative or referendum of this state.
2i. "Threat" means to communicate, directly or indirectly the
intent to:
a. Cause bodily injury in the future to the person
threatened or to any other person; or
b. Cause physical damage to the property of a person
other than the actor; or
C. Subject the person threatened or any other person to
physical confinement or restraint; or
d. Accuse any person of a crime or cause criminal charges
to be instituted against any person; or
e. Expose a secret or publicize an asserted fact, whether
true or false, tending to subject any person to hatred,
contempt, or ridicule; or
f. Reveal any information sought to be concealed by the
person threatened; or
g. Testify or provide information or withhold testimony
or information with respect to another's legal claim
or defense; or
h. 'fake wrongful action as an official against anyone or
anything, or wrongfully withhold official action, or
cause such action or withholding; or
i. Bring about or continue a strike, boycott, or other
similar collective action to obtain property which is
not demanded or received for the benefit of the group
which the actor purports to represent; or
j. Do any other action which is intended to harm substan-
tially the person threatened or another with
respect to his health, safety, business, financial
condition, or personal relationships.
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II
21. "Vehicle. ans a motor vehicle as d, .Zed in the vehicle
and traffic laws, and aircraft, or any vessel equipped
of propulsion by mechanical means or by sail.
22. Words in the present tense shall include the future tense;
and in the masculine shall include the feminine and neuter
genders; and in the singular shall include the plural; and
in the plural shall include the singular.
A. COSTS OF PROSECUTION
Whenever anyone is convicted of an offense under any section of
this penal code, or section of any other city ordinance, in
addition to the fine imposed, he must pay the costs of prosecution.
In default of such payment, he shall be imprisoned until such
fine is paid or worked out on the basis of 'ten dollars per
each day' of imprisonment.
B. VIOLATION - PENALTY
Except as otherwise specifically provided herein, any person who
commits, attempts to commit, 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 ordinance to be a crime shall be guilty
of a misdemeanor and upon conviction shall be punished by a fine
not to exceed five hundred dollars, or imprisonment not to
exceed ninety days, or by both such fine and imprisonment.
C. APPLICATION OF GENERAL PROVISIONS OF THE (Criminal Code)
The provisions of ,Sections A & B, of this ordinance are
applicable to offenses defined by this ordinance or another
ordinance, unless this ordinance or such other ordinance
specifically provides otherwise.
LIABILITY FOR CRIMINAL CONDUCT
A. General requirements of culpability
Kinds of Culpability Defined
1. Intent. A person acts with the intent or intentionally
when he acts with the objective or purpose to accomplish
a result which constitutes a crime.
2. Knowledge. A person knows or acts knowingly or with
knowledge when:
a. Ile is aware of a fact, facts, or circumstances or
result described by a statute defining an offense;
or
b. He has information which would lead a reasonable
man in the same situation to believe that facts
exist which facts are described by a statute
defining an offense.
3. Recklessness. A Person is reckless or acts recklessly
when he knows of and disregards a substantial risk that
a wrongful act may occur and his disregard of such
substantial risk is a gross deviation from conduct that
reasonable man would exercise in the same situation.
4. Criminal negligence. A person is criminally negligent
or acts with criminal negligence when he fails to be
aware of a substantial risk that wrongful acts may occur
and his failure to be aware of such substantial risk
constitutes a gross deviation from the standard of care
that a reasonable man would exercise in the same situation.
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B. Substitutes for Criminal negligence, Recklessness, and
knowledge. When a statute provides that criminal negligence
suffices to establish an element of an offense, such element
also is established if a person acts intentionally, knowingly,
or recklessly. When recklessness suffices to establish an
element, such element also is established if a person acts
intentionally or knowingly. When acting knowingly suffices
to establish an element, such element also is established if
a person acts intentionally.
C. Culpability as Determinant of Grade of Offense. When the
grade of degree or an offense depends on whether the offense
is committed intentionally, knowingly, recklessly or with
criminal negligence, its grade or degree shall be the lowest
for which the determinative kind of culpability is established
with respect to any material element of the offense.
D. Requirement of Wilfulness Satisfied by Acting Knowingly
A requirement that an offense is committed wilfully is
satisfied if a person acts knowingly with respect to the
material elements of the offense, unless a purpose to impose
further requirements plainly appears.
B. Liability for Conduct of Another -Complicity
1. A person is guilty of a crirae if it is committed by the
conduct of another person for which he is legally accountable.
2. A person is legally accountable for the conduct of another
person when:
a. Acting with the kind of culpability that is sufficient
for the commission of the crime, he causes an innocent
or irresponsible person to engage in such conduct; or
b. He is made accountable for the conduct of such other
person by this title or by the law defining the crime; or
C. He is an accomplice of such other person in the commission
of the crime.
F. A person is an accomplice of another person, in the commission of
a crime if:
1. With knowledge that it will promote or facilitate the
commission of the crime, he
a. Solicits, commands, encourages, or requests such other
person to commit it, or
b. Aids or agrees to aid such other person in planning
or committing it; or
2. His conduct is expressly declared by law to establish
complicity.
G. A person who is legally incapable of committing a particular
crime himself may be guilty thereof if it is committed by the
conduct of another person for which he is legally accountable,
unless such liability is inconsistent with the purpose of the
provision establishing his incapacity.
Unless otherwise provided by this title or by the law defining
the crime, a person is not an accomplice in a crime by another
person if:
1. He is a victim of that crime; or
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2. He terminated his complicity prior to the commission of
the crime and either gives timely warning to the law
enforcement authorities or otherwise makes a good faith
effort to prevent the commission of the crime.
H. A person legally accountable for the conduct of another person
may be convicted on proof of the commission of the crime and
of his complicity therein, though the person claimed to have
committed the crime has not been prosecuted or convicted or
has been convicted of a different crime or degree of crime or
has an immunity to prosecution or conviction or has been acquitted.
I. Criminal liability of corporations and persons acting or under
a duty to act in their behalf.
As used in this section:
1. "Agent" means any director, officer, or employee of a
corporation, or any other person who is authorized to
act on behalf of the corporation.
2. "Corporation" includes a joint stock association.
3. "High managerial agent" means an officer or director
of a corporation or any other agent in a position of
comparable authority with respect to the formulation of
corporate policy or the supervision in a managerial
capacity of subordinate employees.
J. A corporation is guilty of an offense when:
1. The conduct constituting the offense consists of an
omission to discharge a specific duty of performance
imposed on corporations by law; or
2. The conduct constituting the offense is engaged in,
authorized, solicited, requested, commanded, or tolerated
by the board of directors or by a high managerial agent
acting within the scope of his employment and on behalf
of the corporation; or
3. The conduct constituting the offense is engaged in by an
agent of the corporation, other than a high managerial
agent, while acting within the scope of his employment
and in behalf of the corporation and, the offense is
one defined by a statute which clearly indicates a
legislative intent to impose such criminal liability on
a corporation.
K. A person is criminally liable for conduct constituting an
offense which he performs or causes to be performed in
the name of or on behalf of a corporation to the same extent
as if such conduct were performed in his own name or behalf.
L. Whenever a duty to act is imposed by law upon a corporation,
any agent of the corporation who knows he has or shares
primary responsibility for the discharge of the duty is
criminally liable for reckless or, if a high managerial agent,
criminally negligent omission to perform the required act to
the same extent as if the duty were by law imposed directly
upon such agent.
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N. Criminal Attempt
III
1. A person is guilty of an attempt to commit a crime if,
with intent to commit a specific crime, he does any act
which is a substantial step toward the commission of that
crime.
2. If the conduct in which a person engages otherwise
constitutes an attempt to commit a crime, it is no
defense to a prosecution of such attempt that the
crime charged to have been attempted was, under the
attendant circumstances, factually or legally impossible
of commission.
3. An attempt to commit a crime is a misdemeanor when the
crime attempted is a gross misdemeanor or misdemeanor.
N. Action for being detained on mercantile establishment
premises for investigation - Reasonable grounds as defense.
In any criminal action brought by reason of any person
having been detained on or in the immediate vicinity of the
premises of a mercantile establishment for the purpose of
investigation or questioning as to the ownership of any
merchandise, it shall be a defense of such action that the
person was detained in a reasonable manner and for not more
than a reasonable time to permit such investigation or
questioning by a peace officer, by the owner of the mercan-
tile establishment, or by the owner's authorized employee
or agent, and that such peace officer, owner, employee or
agent had reasonable grounds to believe that the person so
detained was committing or attempting to commit theft or
shoplifting on such premises of such merchandise. As used
in this section, "reasonable grounds" includes but is not
limited to, knowledge that a person has concealed possession
of unpurchased merchandise of a mercantile establishment, and
a "reasonable time" means the time necessary to permit the
person detained to make a statement or to refuse to make a
statement, and the time necessary to examine employees and
records of the mercantile establishment relative to the owner-
ship of the merchandise.
Crimes Against The Person
A. Assault
1. A person is guilty of Assault if lie: Intentionally causes,
or attempts to cause bodily injury to another person.
B. Provoking Assault
Every person who shall by word, sign or gesture wilfully
provoke or attempt to provoke another person to commit an
assault or breach of the peace is guilty of a misdemeanor.
C. Reckless Endangerment
1. A person is guilty of reckless endangerment when he
recklessly engages in conduct which creates a substan-
tial risk of death or serious physical injury to
another person.
2. Reckless endangerment is a gross misdemeanor punishable
by a fine of not more than $1,000 or by imprisonment
not to exceed one year or by both such fine and imprisonment.
IV. CRIMES AGAINST PROPERTY
A. Definitions
1. "Deception" occurs when an actor knowingly:
a. Creates or confirms another's false impression
which the actor does not believe to be true; or
b. Fails to correct anothers false impression which
the actor has previously created or confirmed; or
C. Prevents another from acquiring information mat-
erial to the disposition of the property involved;
or
d. Promises performance which the actor does not
intend to perform or knows will not be performed;
or
e. Uses a credit card without authorization or which
he knows to be stolen, forged, revoked, or cancelled.
2. "Obtained" means:
a. In relation to property, to bring about a transfer
or purported transfer to the obtainer or another
of a legally recognized interest in the property;
or
b. In relation to labor or service, to secure performance
thereof for the benefit of the obtainer or another.
3. "Wrongfully obtains" or "Exerts Unauthorized Control"
means to take the property or services of another and
includes but is not necessarily limited to conduct known
as common law larceny.
4. "Owner" means a person, other than the actor, who has
possession of or any other interest in the property
involved, and without whose consent the actor has no
authority to exert control over the property.
5. "Receiving" means acquiring possession, control or title
or lending on the security of the property.
6. "Service" includes but is not limited to labor, pro-
fessional service, transportation service, the supplying
of hotel or motel accomodations, restaurant services,
entertainment, the supplying of equipment for use, and
the supplying of commodities of a public utility nature
such as gas, electricity, steam and water.
7. "Stolen" means property obtained by theft, robbery, or
extortion.
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8. "Building" means any structure, vehicle, railway car,
aircraft of watercraft used for overnight lodging of
persons or for carrying on of business therein.
B. Theft
1. A person is guilty of theft if, with regard to property or
services of $250.00 or less in value, he:
a. Wrongfully obtains or exerts unauthorized control over
the property of services of another or the value thereof,
with the intent to deprive him of such property or services;
or
b. By aid of deception he obtains control over the property
or services of another or the value thereof, with intent
to deprive him of such property or services;
or
C. Appropriates lost or misdelivered property or services of
another, or the value thereof, with the intent to deprive
him of such property or services.
C. Possession of Stolen Property
A person is guilty of theft if he receives, possessess, retains or
disposes of property of another having value of $250.00 or less,
knowing that it has been stolen or conscientiously disregarding a
substantial risk that it has been stolen, unless the property is
received, retained or disposed of with the intent to restore it to
the owner.
D. Shoplifting
1. A person is guilty of shoplifting if he willfully takes
possession of goods, wares or merchandise, of the value of
$250.00 or less, offered for sale by any wholesale or retail
�33$ store or other mercantile establishment without the consent
of the seller, with the intention of converting such goods,
'77 wares or merchandise to his own use without having paid the
purchase price thereof.
2. A duly appointed city, county or state law enforcement officer
may, upon a charge being made and without a warrant, arrest
any person whom he has cause to believe has committed or
attempted to commit the crime of shoplifting.
E. Malicious Mischief
A person is guilty of malicious mischief if he:
1. Knowingly and maliciously causes physical damage to the property
of another, public or private, under the circumstances not
amounting to malicious mischief in the first or second degree
as defined by RCW 9A.48.070 and RCW 9A. 48.080.
or
2. Intentionally throws any objects or missiles at, against, or
upon any house, buildings, structure, vehicle or premises of
another person or the City without the consent of that person
or the City.
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F. Criminal Trespass
1. Definitions
a. "Premises" includes any building, dwelling, or any real
property.
b. "Enter" when constituting an element or part of a crime,
includes the entrance of the person, or the insertion of
any part of his body, or any instrument or weapon held in
his hand and used or intended to be used to threaten or
intimidate a person or to detach or remove property.
C. A person "enters or remains unlawfully" in or upon premises
when he is not then licensed, invited, or otherwise
privileged to so enter or remain.
2. A license or privilege to enter or remain in a building which
is only partly open to the public is not a license or privilege
to enter or remain in that part of a building which is not
open to the public. A person who enters or remains upon
unimproved and apparently unused land, which is neither fenced
nor otherwise enclosed in a manner designed to exclude
intruders, does so with license and privilege unless notice
against trespass is personally communicated to him by the
owner of the land or some other authorized person, or unless
notice is given by posting in a conspicuous runner.
3. Every person, not licensed or privileged to do so, who enters
or remains in or on any building or occupied structure or
separately secured or occupied portion thereof including,
but not limited to, publicly owned, or occupied buildings,
structures or portions thereof, is guilty of criminal trespass,
a misdemeanor.
4. Every person, not licensed or privileged to do so, who enters
or remains in any public or private place or on any public or
private premises as to which notice against trepass thereon
is given by the owner or some other authorized person, through
(1) actual communication to the actor, or (2) post.ing in a
manner prescribed by law or reasonably likely to come to the
attention of intruders, or (3) fencing or other enclosure
manifestly designed to exclude intruders, or (4) city ordinance
setting forth public parks and school site rules, is guilty of
criminal trespass, a misdemeanor.
S. Every person, not licensed or privileged to remain, who defies
an order to leave a public or private place or public or
private premises communicated to him by the owner of the place
or premises or by some other authorized person, is guilty of
criminal trespass, a misdemeanor.
6. Every person not licensed or privileged to do so, who enters
or intrudes in or upon any real property of another and invades
the privacy of, or disturbs, the occupants or residents of
such property by looking into or peeping into any dwelling or
private premises, is guilty of criminal trespass, a misdemeanor.
7. It is a defense to prosecution for criminal trespass under this
section that (1) any place or premises referred to in this
section was at the time open to members of the public and the
actor complied with all lawful conditions imposed on access to
or remaining in the premises, or (2) the actor has possession
of the premises originally under a landlord -tenant relationship
or as mortgagor or vendee on a real estate contract and was
acting in good faith pursuant thereto.
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G. Vehicle Prowling
A person is guilty of vehicle prowling if with intent to commit
a crime against a person or property therein, he enters or
remains unlawfully in a vehicle.
H. Criminal Impersonation
A person is guilty of criminal impersonation if he:
1. Assumes a false identity and does an act in his assumed
character with the intent to defraud another or for any other
unlawful purpose; or
2. Pretends to be a representative of some person or organization
and does an act in his pretended capacity with the intent to
defraud another or for some other unlawful purpose; or
3. Impersonates a police officer.
V. OFFENSES AGAINST PUBLIC ORDER
A. Failure to disperse
A person is guilty of failure to disperse if:
1. He congregates with a group of (3) or more other persons
and there are acts or conduct within that group which create a
substantial risk of causing injury to any person or substantial
harm to property whether public or private; and
2. He refuses or fails to disperse when ordered to do so by a
peace officer or other public servant engaged in enforcing and
executing the law.
B. Disorderly Conduct
A person is guilty of disorderly conduct if he:
1. Intentionally engages in any conduct or uses abusive language
which tends to or does disturb the public peace, provoke
disorder or endanger the safety of others, or
2. Intentionally disrupts any lawful assembly or meeting of
persons without lawful authority, or
3. Intentionally obstructs vehicular or pedestrian traffic without
lawful authority.
C. Offenses in Public
It is unlawful for a person in public to:
1. Refuse to pay the proper fare in a public conveyance.
2. Open or drink any intoxicating liquor in a public conveyance
or public place not previously authorized by law.
3. Sell any liquor to any person apparently under the influence
of liquor.
4. Expectorate upon the floor, walls of furniture of any public
conveyance or public building.
5. Handout or distribute hand bills, posters, or other purely
commercial advertising matter upon the streets, walks, or
other public areas of the City of Port Orchard.
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D. Disruption of school activities
A person is quilty of disruption of school activities if he comes
into or remains in any school building, classroom or upon any
school ground, or street, sidewalk or public way adjacent thereto,
without lawful reason, and intentionally causes undue disruption
of the activities of the school.
VI. OFFENSES AGAINST GOVERNMENTAL ORDER
A. Obstructing a Public Officer
A person is guilty of obstructing a public officer if he:
1. Without lawful excuse refuses or knowingly fails to make or
furnish any statement, report or information lawfully required
of him by a public officer or
2. In any such statement or report makes a knowingly untrue
statement to a public officer or
3. Knowingly hinders, delays or obstructs any public officer
in the discharge of his official duties.
B. Resisting Arrest
A person is guilty of resisting arrest if he intentionally prevents
or attempts to prevent a peace officer from lawfully arresting him.
C. Escape
A person is guilty of escape if, without lawful authority, he
intentionally removes himself from official detention or fails
to return to official detention following temporary leave granted
for specified purpose of a limited period.
D. False Reporting
Every person who knowingly initiates or circulates a false report
or warming of an alleged or impending occurrence of a fire,
explosion, crime, catastrophe or other emergency is guilty
of false reporting.
E. Refusing to Summon Aid For a Police Officer
It is unlawful for a person to refuse to summon aid for a police
officer of the City .if, upon request by a person, he knows, or
should reasonably know, to be a peace officer, he unreasonably
refuses or fails to summon aid for such officer.
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VII. OFFENSES BY AND AGAINST JUVENILES
A. Definitions
1. "Tavern" means any establishment or portion of any
establishment where intoxicating liquor is sold by the
drink for consumption on the premises.
2. "Minor" means any person less than eighteen years of age,
unless otherwise specifically designated.
3. "Liquor" means liquor as defined in the Washington State
Liquor Act RCW 66.04.010 (16).
B. Minors Prohibited in Taverns
It is unlawful for any person under the age of twenty-one years
to enter or be found in or about a tavern.
C. False Identification to Obtain Liquor
It is unlawful for anyone knowingly to transfer any identification
of age to a person under the age of twenty-one years for the purpose
of permitting such person to obtain liquor, or for such person to
use such identification or make false representations as to his
age for the purpose of obtaining liquor.
D. Unlawful to Allow Minor Where Intoxicants Served
It is unlawful for any person having charge of a public place in the
City, where intoxicating liquors are served, to admit or to allow
any person under twenty-one years of age to remain on the premises
contrary to the laws of the State of Washington.
E. Consumption of Liquor by Minor
It is unlawful for any person under the age of twenty-one
years to acquire in any manner, consume or have in his possession
any intoxicating liquor except in the case of liquor given or
permitted to be given to a person under the age of twenty-one
years by his parent or guardian and which shall be consumed
in the presence or premises of the parent or guardian or administered
to him by his physician or dentist for medical purposes or used
in connection with religious services.
F. Supplying Liquor to Minors
It is unlawful for any person to give or otherwise supply
intoxicating liquor to any person under the age of twenty-one
years, or to permit any person under twenty-one years of age to
consume intoxicating liquor on or in his premises or vehicle or
on or in any premises or vehicle under his control except as
provided in .section E. of this chapter.
VIII. WEAPONS AND EXPLOSIVES
A. Definitions
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1. "Pistol" means any firearm with a barrel less than 12 inches
in length
B.
A
n
2. "Air Gun" means and includes the following: air guns, air
pistol, air rifle, BB gun and toy guns of any kind or
nature when so designed, contrived, modified and used to
propel, by compressed air or other gas or spring any
pellet, dart, BB, rock or other hard substance a distance
of more than twenty-five feet with sufficient force to break
windows or injure persons or animals.
Pistol Sales Regulated
1. No pistols shall be sold:
a. Without an application from the purchaser thereof
pursuant to RCW 9.41 nor,
b. Under any circumstance unless the purchaser is
personally known to the seller or shall present clear
evidence of his identity.
2. No seller shall deliver a pistol to the purchaser thereof
until 72 hours shall have elapsed from the time of applica-
tion for the purchase thereof as provided herein, and when
delivered, the pistol shall be securely wrapped and shall
be unloaded.
3. At the time of applying for the purchase of a pistol, the
purchaser shall sign in triplicate and deliver to the
seller an application containing his full name, address,
occupation, place of birth and the date and the hour of
application; a description of the weapon including the
make, model, caliber, and manufacturer's number; and a
statement that he has never been convicted in this
state or elsewhere of a crime of violence, is not a drug
addict nor a habitual drunkard and is not legally judged to be
of unsound mind. The seller shall, by the end of the
business day sign and attach his address and deliver the
original of such application to the Chief of Police, and
the duplicate, duly signed by the seller shall within
seven days be sent by him with his address to the
Director of Licenses; the triplicate he shall retain for
six years. The Chief of Police shall maintain a file
containing the original of the application to purchase a
pistol.
Dealer to be Licensed
No retail dealers shall sell or otherwise transfer or expose for
sale or transfer, or have in his possession with intent to sell
or otherwise transfer any pistol without being licensed as
provided by law under the requirements of RCW 9.41.110.
False Information
It shall be unlawful for any person, purchasing or otherwise
securing delivery of a pistol or in applying for a license
to carry a pistol or other concealed weapon to give false or
misleading information or offer false information as to his
identity.
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E
Certain Persons Forbidden to Possess Arms
F
G.
H
No person who has been convicted in this State or elsewhere of a
crime of violence, is a drug addict or who has been confined in
a mental institution shall own a pistol or have one in his posses-
sion or under his control.
Carrying Pistol
No person shall carry a pistol in any vehicle unless it is unloaded
or carry a pistol concealed on his person, except in his place of
abode or fixed place of business, without a license therefore
as hereinafter provided.
Exceptions To Carrying Pistol Restriction
The provisions of Section VIII (G) herein shall not apply to
marshalls, sheriffs, prison or jail wardens or the deputies thereof,
policemen or law enforcement officers, or to members of the army,
navy or marine corps of the United States or the national guard
or organized reserve when on duty, or to regularly enrolled
members of any organization duly authorized to purchase or
receive such weapons from the United States or from this State,
or to regularly enrolled members of clubs organized for the
purpose of target shooting or modern and antique firearm collecting
or to individual hunters; provided, such members are at, or are
going to or from their places of target practice, or their col -
lector's gunshows and exhibits, or are on a hunting, camping or
fishing trip, or to officers or employees of the United States duly
authorized to carry a concealed pistol, or to any person engaged in
the business of manufacturing, repairing, or dealing in firearms or
the agent or representative of any such person having in his
possession, using, or carrying a pistol in the usual or ordinary
course of such business, or to any person while carrying a pistol
unloaded and in a secure wrapper from a place of purchase to his
home or place of business or in moving from one place of abode
or business to another.
Issue a License to Carry
The Chief of Police shall, upon application of any person, issue a
license to such person to carry a pistol in a vehicle or concealed
on his person in this State for two years from the date of issue,
for the purposes of protection or while engaged in business,
sport or while traveling. Such person shall not be denied such
license unless he is ineligible to own a pistol under the provisions
of Sections VIII (B) hereof and RCW 9.41.040 as now or hereafter
amended; provided, that such permit shall be revoked immediately
upon conviction of a crime which makes such person ineligible to
own a pistol. The license shall be in triplicate, in form to be
prescribed by the State director of Licenses, and shall bear
the name, address, and description, finger prints and signature
of the licensee and the reason given for desiring a license. The
original thereof shall be delivered to the licensee, the duplicate
shall within seven days be sent by registered mail to the Director
of Department of Licenses and the triplicate shall be preserved
for six years by the Chief of Police.
1. The fee for the original issuance for a two-year license shall
be $5.00; provided, that the fee shall be distributed as follows:
a. Two dollars shall be paid to the State general fund;
b. One dollar and fifty cents shall be retained by the City
as the fee for taking the finger prints of the person
licensed;
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C. One do_ ar and fifty cents shall b� retained by the City
for the purpose of enforcing this Chapter.
2. The fee for the renewal of such license shall be three dollars;
provided, that the fee shall be distributed as follows:
a. Oen dollar shall be paid to the State general fund;
b. Two dollars shall be retained by the City for the purpose
of enforcing this Chapter.
I. Delivery to Minors and Others Forbidden
No person shall sell, deliver, give or furnish or cause or allow to
be furnished a pistol to any person under the age of 21 years or
to one who he has reasonable cause to believe has been convicted of
a crime of violence, or is a drug addict, or of unsound mind or a
known alcoholic.
J. Certain Transfers Forbidden
No persons other than a duly licensed dealer shall make any loan
secured by a mortgage, deposit or pledge any pistol. Any licensed
dealer receiving a pistol as a deposit or pledge for a loan shall
keep such records and make such reports as provided by law for
pawn brokers and second hand dealers under RCW Chapter 19.60.
A duly licensed dealer may mortgage any pistol or stock of pistols
but shall not deposit or pledge the same with any other person.
K. Discharging of Firearms, Other Weapons or Explosives in City
It shall be unlawful for any person to:
1. Discharge any gun, pistol, air gun, or firearm of any kind,
without lawful authority, within the City limits or
2. Fire, discharge, explode or cause to be exploded any object
containing gun powder or other explosive material or fluid, or
firecracker or other dangerous firework as defined in
RCW 70.77.130.
L. Exemptions
1. A firearm or other weapon described in Section I may be discharged
within the City where the person so discharging the same shall
have procurred a written permit issued by the Chief of Police
granting such person permission to discharge such firearm or
weapon at the time, place, in the manner and for the purpose
the permit was issued. Such permit shall not issue unless and
until the Chief of Police finds as fact that
a.
Such discharge is
essential for the protection of
a growing
or matured crop;
b.
The applicant has
not been convicted in the State
of Washington,
or elsewhere, of
a crime of violence nor of moral
turpitude,
C.
The applicant has
a bona fide current permit from
the State
of Washington or
from a department of the United
States
authorizing the applicant
to so protect such crop
or crops;
d.
Such discharge can
reasonably be accomplished without
endangering other
persons or property.
2. Annual permits, expiring on June 30th of each year, shall be
issued. And, upon the payment of a fee therefore in the sum of
three dollars, shall be limited to the use of birdshot, shall
immediately terminate upon any damage, destruction, or undue
hazard to other persons or property, or upon violation of the
terms of its issue. A permittee hereunder violating any
condition of such permit, or giving false information in appli-
cation therefore, shall not again be eligible for a permit.
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iW
N
7
3. A firearm or other weapon described in Section I may be discharged
by a person having reasonable belief, that livestock owned by him,
are in immediate danger of serious injury or death as a result of
predators attacking or injuring said livestock.
Carrying or Exhibiting Firearms of Dangerous Weapons
1. It shall be unlawful for anyone to carry, exhibit, display
or draw any firearm, dagger, sword, knife or other cutting
or stabbing instrument, club, or any other weapon apparently
capable of producing bodily harm, in a manner, under cir-
cumstances, and at a time and place that either manifests
an intent to intimidate another or that warrants alarm for
the safety of other persons.
2. Provided that subsection 1 shall not apply to or affect the
I
ollowing:
a. Any act committed by a person while in his place of
abode or fixed place of business;
b. Any person who by virtue of his office or public employment
is vested by law with a duty to preserve public safety,
maintain public order, or to make arrests for offenses,
while in the performance of such duty;
C. Any person acting for the purpose of protecting him-
self against the use of presently threatened unlawful
force by another, or for the purpose of protecting
another against the use of unlawful force by a third
person;
d. Any person making or assistinq in making a lawful arrest
for the commission of a felony; or
e. Any person engaged in military activities sponsord by
the federal or state governments.
Firearms - Possession by Minors
1. It shall be unlawful for anyone to sell, give, furnish or
otherwise cause or allow to be furnished to a person under
the age of eighteen years, a rifle, shotgun or any other
firearm or any ammunition for the same.
2. It shall be unlawful for anyone under the age of eighteen
years to purchase, possess or use any pistol, rifle, shotgun
or any other firearm.
a. It shall be unlawful for anyone under the age of twenty-
one years to purchase, possess or have in his control,
a pistol.
3. Provided that subsection 1 and 2 shall not apply to a minor,
who possesses or is supplied a firearm for immediate use at a
recognized rifle range and is under the direct supervision
of a person over the age of eighteen years or who is to
immediately embark on a lawful animal hunt and who possesses
a lawful hunting license and is accompanied by a person
over the age of eighteen years.
Exemptions
This Chapter shall not apply
1. To antique pistols and rifles unsuited and inoperative for
use as firearms and possessed as curiosities or ornaments or
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2. To pc .ce on duty.
X. OFFENSES AGAINST PUBLIC MORALS
A. Definition
1. "Erotic Material" means stage performances, motion
pictures, photographs, pictures, printed material and other
such objects depicting:
a. Human sexual intercourse
b. Masturbation
C. Sodomy (i.e. bestiality or oral and anal intercourse)
d. Direct physical stimulation of unclothed genitals
e. Flagellation or torture in the context of sexual
relationship
f. An emphasized depiction of bare 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 interest of persons and which
lack serious literary, artistic, political or scientific value.
2. "Lewd act" means: public
a. Exposure of ones genitals or female breasts; or
b. Touching, caressing or fondling of the genitals or female
breasts; or
C. Urination or defacation in a place other than a washroom
or toilet room; or
d. Masturbation; or
e. Sexual intercourse.
3. "Public" or "Public Display" means easily visible from a
public thoroughfare or from 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. "Commit prostitution" means to engage in any type of sexual
conduct in return for payments of money or other
compensation.
5. "i:nown prostitute or promoter of prostitution" means a person
who, within one year previous to the date of arrest for
violation of this chapter, has, within the knowledge of the
arresting officer, been convicted in any court of an offense
involving prostitution.
6. "Public place" is an area generally visible to public view,
including, but not limited to, streets, sidewalks, bridges,
alleys, plazas, parks, driveways, parking lots, automobiles,
buildings open to the public including those which serve food
and/or drink, doorways and entrances to buildings or dwellings
and the grounds enclosing them, and buildings not open to the
general public, but which are open to a certain class or
group of the general public, through the use of club member-
ship or affiliations with a club or organization, including
but not limited to the United States Armed Forces.
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B
Lewd Conduct
C
1. A person is guilty of lewd conduct if he intentionally
performs a 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
shall be guilty of a misdemeanor if he intentionally
permits lewd conduct in a public place under his control.
Prostitution
1. PROSTITUTION PROHIBITED. It is unlawful for any person to
engage in, or agree to engage in, sexual conduct with
another person in return ;or payment of a fee.,
2. PATRONIZING A PROSTITUTE PROHIBITED. It is unlawful for
any person to patronize a prostitute. A person is guilty
of patronizing a prostitute if:
A. Pursuant to a prior understanding or agreement he or
she pays a fee to another person as compensation for
such person or as compensation for a third person, to
engage in sexual conduct with him or her; or
B. He or she pays or agrees to pay a fee to another
person pursuant to an understanding or agreement that,
in return therefore, such person will engage in sexual
conduct with him or her; or
C. He or she solicits or requests another person to en-
gage in sexual conduct with him or her for a fee.
3. PERMITTING PROSTITUTION PROHIBITED. It is unlawful for any
person to permit prostitution in or on premises which are in
his or her possession and/ or control. A person is guilty of
permitting prostitution if, having possession or control of
premises, he or she knows, or should know are being used for
prostitution purposes, he or site fails to make a reasonable
effort to halt or abate such use.
4. SOLICITING FOR PROSTITUTION PROHIBITED WHEN. It is unlawful
for any person to remain in a public place and .intentionally
solicit, induce, entice or procure another to commit and act
of prostitution. Among the circumstances which may be con-
sidered in determining if such prohibited conduct is intended
are:
(1) If the actor repeatedly beckons to, stops, or attempts
to stop, or engages passers-by in conversation; or
(2) Repeatedly stops or attempts to stop motor vehicles;
or
(3) Is a known prostitute or promoter of prostitution.
5. DEFENSE. It shall not be a defense to any act in this
chapter that the sex of the parties of prospective parties
to an act of prostitution or contemplated act of prostitution
is the
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XI
same. Further, it shall not be a defense to any act in this
chapter that the person who received, agreed to receive of
solicited a fee was male, and the person who paid or agreed to
pay such fee was female.
NUISA14CES
A. Definitions
e
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 enforce-
ment officer in his judgment, determines is necessary
in the interest of the general health, safety and welfare
of the community.
2. "Enforcement Officer" means an individuals 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 per-
son occupying or having charge or control of any premises,
except the owner.
Types of Nuisances
Each of the following conditions, unless otherwise permitted
by law is declared to constitute a public nuisance and when-
ever 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 or-
dinance:
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, di_seaGed, infested or dying
tree that may constitute a danger to street trees, streets
or portions thereof;
3. The existence of any tree, shrub or f.oilage, unless by con-
sent of the City, which is apt to destroy, impair, inter-
fere or restrict:
a. Streets, sidewalks, sewer, utilities or other 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;
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6. The exist(�...:e of a sidewalk or a portion of a sidewalk ad-
jacent to any premises which is out of repair, and in a con-
dition to endanger persons or property, or in a condition to
interfere with the public convenience in the use of such side-
walk;
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, and for an un-
reasonable 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 recep-
tacles,
b. Any privies, vaults, cesspools, sumps, pits or like places
which are not securely protected from flies and rats, or
which are foul or malodorus,
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,
e. Any poison oak or poison ivy, Russian thistle, tansey
ragwort or other noxious weeds, whether growing or other-
wise; 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 of 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 hav, 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 front 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 and abandoned
trailer, housetrailer, automobile, boat or other vehicle
or major parts thereof;
14. 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;
15. The existence on any premises in a place accessible to children,
of any unattended and/or discarded icebox, refrigerator or
other large appliance;
16. The existence of any drainage onto or over any sidewalk or public pe-
destrian way.
17. 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.
C. 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, and of the
acts or 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.
D. Disposal of diseased animal carcass - Violation, a misdemeanor.
Every person owning or having in charge 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, or cause the same to be
consumed by fire. 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.
E. Enforcement - Notice
An 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 pub-
lic nuisance on any premises and shall direct the owner
or other responsible person to abate the condition within [10-•days]
days after notice or other reasonable period [The notice shall be
substantially in the following form]:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
TO
(name and address of person notified)
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As owner, agent, leasee or other person occupying or having
charge or control of the building, lot or premises at
your are hereby notifed 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 con-
trary to the provisions of subsection of City Ordinance
You are hereby notified to abate said condition to the satisfaction
of the undersigned within [ 10 ] days of the date of this notice.
If you do not abate such condition within [10 days ], the City will
avate the condition at your expense.
Abatement is to be accomplished in the following manner:
You may appeal this decision by filing a written notice of appeal
with the [ City Council ] of the City of Port Orchard with-
in [five (5)] days after the date of this notice.
DATED
F. Abatement by the City
Name of Officer
In all cases where the enforcement officer has determined to
proceed with abatement [10 days ] 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
a 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.
G. 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 needfull 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.
H. Appeal
Any person who has received a notice to abate a condition as
determined by the Code enforcement officer under Section E 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 ten (10) 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 he shall
order that such nuisance be abated pursuant to this ordinance and
shall set forth reasonable time limites for such abatement not
to exceed [forty-five (45) days] from the date of the hearing.
If the Commissioner finds that a nuisance does not exist under
this ordinance, he shall cancel the notice to abate. Upon the
filing of a proper notice of appeal under Section G, the time
limits specified insertion E & F shall be stayed during the pen-
dency of the appeal.
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I. 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 responsi-
ble party and be collected as provided in Section F.
J. Violation a Misdeaneanor
Any person violating this Chapter is guilty of a
misdemeanor.
XII. MARIHUANA
A. POSSESSION UNLAWFUL. It is unlawful for any person to
manufacture, grow or possess marihuana.
B. DEFINITION. "marihuana" is definded as: All parts of the
plant of the genus Cannabis L., whether growing or not;
the seeds thereof; the resin extracted from any part of
the plant; and every compound, manufacture, salt, deri-
vative, mixture, or preparation of the plant, its seeds
or resin. It does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manu-
facture, salt, derivative, misture or preparation of the
mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of the plant
which is incapable of germination.
XIII. MALICIOUS MISCHIEF -- INJURY TO PROPERTY
A. Telephone calls to harass, intimidate, torment or embarrass.
Every person who, with intent to harass, intimidate,
torment or embarrass any other person, shall make a
telephone call to such other person:
(1) Using any lewd, lascivious, profane, indecent,
or obscene words or language, or suggesting the
commission of any lewd or lascivious act; or
(2) Anonymously or repeatedly or at any extremely
inconvenient hour, whether or not conversation ensues;
or
(3) Threatening to inflict injurl> on the person or
property of the person called or any member of his
family; or
(4) Without purpose of legitimate communication; shall
be guilty of a misdemeanor.
B. Telephone calls to harass, intimidate, torment or
embarrass - Permitting telephone to be used.
Any person who knowingly permits any telephone under
his control to be used for any purpose prohibited by
RCW 9.61.230 shall be guilty of a misdemeanor.
-- 23 --
C. Telephone calls to harass, intimidate, torment or
embarrass -- Offense, where deemed committed.
Any offense committed by use of a telephone as set forth
in RCW 9.61.230 may be deemed to have been committed
either at the place from which the telephone call or
calls were made or at the place where the telephone call
or calls were received.
XIV. SEVERABILITY CLAUSE
Should any portion of this criminal code be declared
unconstitutional or invalid by any court of competent
jurisdiction, it shall be conclusively presumed that this
criminal code would have been enacted without that pro-
vision so held unconstitutional or invalid and the
remainder of this criminal code shall not be effected as
a result of said part being held unconstitutional or
invalid.
XV. EMERGENCY DECLAP.ATION
There exists, and is hereby declared to exist, an
emergency; and this ordinance is necessary for the
immediate preservation of the public peace, health
and safety of the citizens of Fort Orchard, and shall
be in full force and effect immediately upon passage
and publication.
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