Chapter 9.20
OFFENSES AGAINST PEACE
Sections:
9.20.030 Criminal solicitation.
9.20.070 Reckless endangerment.
9.20.085 Domestic violence – Official response adopted.
9.20.100 Lawful use of force – Conditions.
9.20.110 Expectorating in public places.
9.20.120 Keeping disorderly place.
9.20.125 Public nuisance – Certain activities from 10:00 p.m. to 6:00 a.m. – R zones.
9.20.126 Public nuisance – Generally.
9.20.128 Penalty for violation.
9.20.130 Unprotected articles on window sills.
9.20.010 Attempt.
A. 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.
B. Attempt is a misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor. (Ord. 157 § 3.1, 1976)
9.20.020 Criminal conspiracy.
A. A person is guilty of a criminal conspiracy when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.
B. It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:
1. Has not been prosecuted or convicted; or
2. Has been convicted of a different offense; or
3. Is not amenable to justice; or
4. Has been acquitted; or
5. Lacked the capacity to commit an offense.
C. Criminal conspiracy is a misdemeanor, when the object of the conspiratorial agreement is a gross misdemeanor or misdemeanor. (Ord. 195 § 1, 1978; Ord. 157 § 3.3, 1976)
9.20.030 Criminal solicitation.
A. A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he offers to give or gives money or other articles of value to another to engage in specific conduct which would constitute such crime or which would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed.
B. Criminal solicitation is a misdemeanor when the solicitation is for a gross misdemeanor or misdemeanor. (Ord. 157 § 3.2, 1976)
9.20.040 Coercion.
A. A person is guilty of coercion if by use of a threat he compels or induces a person to engage in conduct from which the latter has a legal right to abstain, or to abstain from conduct in which he has a legal right to engage.
B. “Threat,” as used in this section, means to communicate, directly or indirectly, the intent:
1. Immediately to use force against any person who is present at the time; or
2. To cause bodily injury in the future to the person threatened or to any other person; or
3. To cause physical damage to the property of a person other than the actor; or
4. To subject the person threatened or any other person to physical confinement or restraint.
C. Coercion is a gross misdemeanor. (Ord. 157 § 3.7, 1976)
9.20.050 Failure to disperse.
A. A person is guilty of failure to disperse if:
1. He congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and
2. He refuses or fails to disperse when ordered to do so by a Peace Officer or other public servant engaged in enforcing or executing the law.
B. Failure to disperse is a misdemeanor. (Ord. 157 § 3.9, 1976)
9.20.060 Disorderly conduct.
A. A person is guilty of disorderly conduct if he:
1. Uses abusive language and thereby intentionally creates a risk of assault; 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.
B. Disorderly conduct is a misdemeanor. (Ord. 157 § 3.8, 1976)
9.20.070 Reckless endangerment.
A. 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.
B. Reckless endangerment is a gross misdemeanor. (Ord. 157 § 3.6, 1976)
9.20.080 Assault.
A. Every person who intentionally commits an assault or a battery upon another shall be guilty of assault.
B. Assault is a gross misdemeanor. (Ord. 157 § 3.4, 1976)
9.20.085 Domestic violence – Official response adopted.
The “Washington Domestic Violence – Official Response,” Chapter 10.99 RCW, is by this reference adopted as the domestic violence law of the City. (Ord. C-086 § 1, 1985)
9.20.090 Fighting.
A. No person shall make an agreement to fight or fight by agreement.
B. Violation of this section is a misdemeanor. (Ord. 157 § 3.5, 1976)
9.20.100 Lawful use of force – Conditions.
The use, attempt or offer to use force upon or toward the person of another shall not be unlawful in the following cases:
A. Whenever necessarily used by a public officer in the performance of a legal duty, or person assisting him and acting under his direction;
B. Whenever used by a party about to be injured, or by another lawfully aiding him, in preventing or attempting to prevent an offense against his person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his possession, in case the force is not more than necessary;
C. Whenever used in a reasonable and moderate manner by a parent or his authorized agent, a guardian, or teacher in the exercise of lawful authority, to restrain or correct his child, ward, or scholar;
D. Whenever used by a carrier of passengers or his authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel or other vehicle a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to his personal safety. (Ord. 157 § 3.12, 1976)
9.20.110 Expectorating in public places.
Every person who expectorates upon the floor of any public conveyance, or upon the floor of any public building, or on any sidewalk in the City, is guilty of a misdemeanor. (Ord. 157 § 3.10, 1976)
9.20.120 Keeping disorderly place.
A. Any keeper or person in charge of any public place who permits any breach of the peace or disturbance of public order or decorum, by noisy, riotous or disorderly conduct on the premises, when it is within the power of such person or persons to prevent the same, or who keeps any such place in a disorderly manner, shall be guilty of keeping a disorderly place.
B. Keeping a disorderly place is a misdemeanor. (Ord. 157 § 3.11, 1976)
9.20.125 Public nuisance – Certain activities from 10:00 p.m. to 6:00 a.m. – R zones.
Between the hours of 10:00 p.m. and 6:00 a.m. within all zones designated by the zoning ordinance (AHMC Title 17) as a residential zone, it shall be a public nuisance for any person, firm, or corporation to:
A. Engage in any building activity, structure repair, construction, reconstruction, remodeling or demolition activity, excavating activity, or use any tool or machine or engage in any other activity, the noise of which shall unreasonably disturb or interfere with the peace, comfort and repose of owners, possessors or occupiers of real property; or
B. Operate any power lawn mower or power snow remover or blower, or any chainsaw. (Ord. C-429, 1999; Ord. C-277, 1993; Ord. C-053, 1983)
9.20.126 Public nuisance – Generally.
It shall be unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises:
A. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted by law;
B. The frequent, repetitive or continuous sounds in connection with starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace, comfort or repose of owners, possessors or occupiers of real property;
C. Yelling, shouting, hooting, whistling or singing on or near the public streets, at any time and place so as to unreasonably disturb or interfere with the peace, comfort or repose of owners, possessors or occupiers of real property;
D. The frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably interfere with the peace, comfort or repose of owners, possessors or occupiers of real property, including, but not limited to, sounds from audio equipment, musical instruments, band sessions or social gatherings;
E. Sounds from motor vehicle sound systems, including but not limited to tape players, radios, compact disc players, or other sound systems operated at a volume so as to unreasonably disturb or interfere with the peace, comfort or repose of owners, possessors or occupiers of real property;
F. Habitual barking, howling, yelping, whining or other oral noises of any animal which unreasonably disturbs or interferes with the peace, comfort or repose of owners, possessors or occupiers of real property. A violation of this subsection is established if the person disturbed is either an Animal Control Officer, Police Officer or an individual residing within 350 feet (exclusive of the public right-of-way) of the place where the animal is harbored. (Ord. C-429, 1999; Ord. C-277, 1993; Ord. C-053, 1983)
9.20.128 Penalty for violation.
Any person, firm, or corporation found to have violated the provisions of AHMC 9.20.125 or 9.20.126 shall be guilty of a misdemeanor. In addition, each such violation shall be subject to abatement under the provisions of Chapters 1.16 and 8.08 AHMC. (Ord. C-429, 1999)
9.20.130 Unprotected articles on window sills.
Every person who places or keeps on any window sill, porch or other projection above the first story of any building abutting on any sidewalk or street in the City, any flower pot, wooden box, pitcher or any other vessel or article which might do injury in falling on any person on the sidewalk in front of the building, unless the same is securely fastened or protected by screens or otherwise in such a manner to prevent falling on the street, is guilty of a misdemeanor. (Ord. 157 § 3.13, 1976)