Chapter 9.70
PUBLIC PEACE – CRIMES RELATING TO
Sections:
9.70.020 Riot, failure to disperse and obstruction.
9.70.030 Privacy – Violating right of.
9.70.050 Malicious prosecution – Abuse of process.
9.70.060 Public disturbance noises.
9.70.010 Disorderly conduct.
A person is guilty of disorderly conduct if he:
A. Uses abusive language and thereby intentionally creates a risk of assault; or
B. Intentionally disrupts any lawful assembly or meeting of persons without authority; or
C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
D. Intentionally makes noise which unreasonably disturbs another; or
E. Intentionally engages in any conduct which tends to or does disturb the public peace, provoke disorder, or endanger the safety of others. (Ord. 2007-02 § 1, 2007: Ord. 85-08 § 2, 1985)
9.70.020 Riot, failure to disperse and obstruction.
The following statutes of the state of Washington are adopted by reference:
RCW
9A.84.010 Riot.
(1)(2)(b)
9A.84.020 Failure to disperse.
9.27.015 Interference, obstruction of any court, building or residence – Violations.
(Ord. 85-08 § 2, 1985)
9.70.030 Privacy – Violating right of.
The following statutes of the state of Washington are adopted by reference:
RCW
9.73.010 Divulging telegram.
9.73.020 Opening sealed letter.
9.73.030 Intercepting, recording or divulging private communication – Consent required – Exceptions.
9.73.070 — Persons and activities excepted.
9.73.080 Intercepting, recording or divulging private communication – Penalty.
9.73.090 Police and fire personnel exempted from RCW 9.73.030 – 9.73.080 – Standards.
9.73.100 Recording available to defense counsel.
9.73.110 Intercepting, recording or disclosing private communications – Not unlawful for building owner – Conditions.
(Ord. 91-34 § 27, 1991: Ord. 85-08 § 2, 1985)
9.70.040 Libel and slander.
The following statutes of the state of Washington are adopted by reference:
RCW
9.58.010 Libel, what constitutes.
9.58.020 How justified or excused – Malice, when presumed.
9.58.030 Publication defined.
9.58.040 Liability of editors and others.
9.58.050 Report of proceedings privileged.
9.58.070 Privileged communications.
9.58.080 Furnishing libelous information.
9.58.090 Threatening to publish libel.
9.58.100 Slander of financial institution.
9.58.120 Testimony necessary to convict.
(Ord. 85-08 § 2, 1985)
9.70.050 Malicious prosecution – Abuse of process.
The following statutes of the state of Washington are adopted by reference:
RCW
9.62.010 Malicious prosecution.
9.62.020 Instituting suit in name of another.
(Ord. 85-08 § 2, 1985)
9.70.060 Public disturbance noises.
A. It is unlawful for any person to cause or permit, or for any person in possession or control of real or personal property to allow to originate from such property, sound that is a public disturbance noise and that is audible to a person of normal hearing at a distance of 75 feet or more from the property. Public disturbance noises are declared to be a nuisance, and except as otherwise set forth in this section, the prohibition of public disturbance noises set forth herein shall be in effect 24 hours a day.
B. A “public disturbance noise” means a frequent, repetitive and/or continuous noise which unreasonably disturbs and/or interferes with the peace and comfort of any person.
C. The following sounds are exempt from the provisions of this section:
1. Construction activities to the extent that these activities are governed by Chapter 16.16 BIMC;
2. Sounds originating from safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device;
3. Sounds originating from fire alarms;
4. Sounds originating from emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community;
5. Sounds originating from the discharge of firearms in the course of lawful hunting, lawful target or other lawful firearm discharge activities;
6. Sounds originating from officially sanctioned parades and public events;
7. Sounds originating from league- or school-sponsored athletic events;
8. Sounds originating from motor vehicles when regulated by Chapter 173-62 WAC;
9. Sounds originating from activities directly associated with the delivery of goods, supplies, groceries, materials and/or other similar items to legally permitted businesses;
10. Sounds originating from activities directly associated with street sweeping activities, pavement marking activities, or the collection of garbage, refuse, recycle items and/or other similar materials between the hours of 6:00 a.m. and 10:00 p.m. on weekdays and between the hours of 8:00 a.m. and 11:00 p.m. on weekends and legal holidays recognized by the city of Bainbridge Island;
11. Sounds originating from activities directly associated with the collection and delivery of United States mail.
D. Except as provided in subsection E of this section, conduct made unlawful by this section shall be a Class 1 civil infraction as contemplated by Chapter 7.80 RCW and is subject to a monetary penalty and a default amount of $250.00, plus statutory assessments. A civil infraction under this section shall be processed in the manner set forth in Chapter 7.80 RCW.
E. Any person who continues to be in violation of this section after receiving a notice of infraction pursuant to subsection D of this section, or who again violates this section within 24 hours after receiving a notice of infraction pursuant to subsection D of this section commits a misdemeanor and any person who is convicted thereof shall be punished by a fine not to exceed $500.00, or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment.
F. Severability. If any provision of this section is held to be unconstitutional, preempted by federal or state law, or otherwise held invalid by any court of competent jurisdiction, the remaining provisions of this section shall remain valid and enforceable. (Ord. 2015-01 § 1, 2015: Ord. 2007-02 § 2, 2007)