036-07 - Ordinance - Adopting New Chapter 9.24.080 Fighting in PublicORDINANCE NO. 036-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING THE PORT ORCHARD MUNICIPALCODE CHAPTER 9.16
BY REPEALING SECTION 9.16.030 "FIGHTING" AND ADOPTING A
NEW SECTION 9.24.080 "FIGHTING IN PUBLIC"
''WHEREAS, the Port Orchard City Council finds that incidents of fighting in public
disturb the public order; and
WHEREAS, the Port Orchard City Council finds that incidents of fighting in public
unreasonably disturbs the peace, comfort, and repose of the public and of liusiness owners; and
WHEREAS, POMC 9,16.030 "Fighting," as it is currently codified, has proven to be
an insufficient tool for the Port Orchard Police Department to maintain public order and that the
Police Department is frequently called to respond to fights in public and is in need of a stronger tool
to address this ongoing problem; and
WHEREAS, the crime of "Fighting in Public," as defined in section 2 of this
ordinance, provides a broader definition of fighting such that persons who incite or cause a breach
of the peace shall be guilty of a gross misdemeanor; and
WHEREAS, the crime of "Fighting in Public" is more properly codified as a Crime
Against Public Order, under POMC Chapter 9.24, than a Crime Against a Person, under POMC
9.16.030 "Fighting;" and
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS.
SECTION 1. Repealer. Port Orchard Municipal Code Section 9.16.030 entitled "Fighting"
as adapted under Ordinance 1724 § 9 and amended by Ordinance 1890 § 10, is hereby repealed in
its entirety.
SECTION 2. Chapter 9.24 of the Port Orchard Municipal Code is hereby amended by
adding a new section 9.24.080 to read as follows:
9.24.080 Fighting in Public.
(1) It is unlawful for any person to intentionally fight with another person in a
public place or to incite or encourage others to fight in a public place.
(2) "Fight" means:
(a) A verbal altercation which tends to incite an immediate breach of the
peace; and/or
Ordinance No. 036-07
Page 2 of 2
(b) A breach of the peace whether or not it is preceded by a verbal
altercation.
(3) "Verbal altercation" means an angryargument, quarrel, or disagreement that
is reasonably likely to provoke a belligerent response.
(4) "Breach of the peace" means a physical altercation, battle, fray, combat,
clash, skirmish, punch, tussle, scuffle, shoving match, exchange of blows,
physical struggle for supremacy, brawl, fracas, donnybrook, ruckus, and/or
melee.
(5) "Public place," as used in this section, shall have the same meaning as
defined in POMC 9.20.010(6).
(6) In any prosecution under subsection (1) of this section, it is an affirmative
defense that the fight was duly licensed or authorized by law. The burden of
proving the affirmative defense that the fight was duly licensed or authorized
by law is upon the person claiming the affirmative defense by establishing
the affirmative defense by a preponderance of the evidence.
(7) Fighting in Public is a gross misdemeanor.
SECTION 3. Each and every provision of this Ordinance shall be deemed severable. In the
event that any portion of this Ordinance is determined by final order of a court of competent
jurisdiction to be void or unenforceable, such determination shall not affect the validity of the
remaining provisions thereof provided the intent of this Ordinance can still be furthered without the
invalid provision.
SECTION 4. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 22nd day of October 2007.
ATTEST:
k-11 r"ti�-Ccp
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
City Attorney
KIM E. ABEL, MAYOR
Sponsored by:
Rick Wyatt, Councilman
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 October 22, 2007.
ORDINANCE NO. 036.07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING THE PORT ORCHARD MUNICIPAL CODE CHAPTER
9.16 BY REPEALING SECTION 9.16.030 "FIGHTING" AND
ADOPTING A NEW SECTION 9.24.080 "FIGHTING IN PUBLIC"
Copies of Ordinance No. 036-07 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. 036-07 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
Deputy City Clerk
Publish: Port Orchard Independent
.fld,qbet -3i.; 2007