Chapter 10.32
CRIMES AGAINST PUBLIC HEALTH, SAFETY OR PUBLIC ORDER
Sections:
10.32.010 Littering prohibited.
10.32.020 Substances detrimental to health.
10.32.050 Keeping or storing refrigeration equipment for sale.
10.32.060 Securing entrance to wells and cisterns.
10.32.070 Smoking in prohibited place.
10.32.080 Doors of public buildings to swing outward.
10.32.115 Disturbing school activities or meetings.
10.32.160 Opening sealed letter.
10.32.170 Intercepting or recording private communication – Consent required.
10.32.180 Exemption of police and fire personnel from previous section – Standards.
10.32.190 Peddlers declared nuisances – Penalty.
10.32.200 Unmanned aircraft systems.
10.32.010 Littering prohibited.
It is unlawful for any person to throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by that person or in any lake, stream, marsh, or river flowing through the city, whether thrown, dropped, deposited, discarded or otherwise disposed of from a vehicle or otherwise. This section shall not apply if litter is deposited in a marked litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said private or public property or waters and the deposit in said receptacle is made with the express or implied consent of the owner of the litter receptacle. (Ord. 1066 § 101, 1983; Ord. 737 § 1.24.090, 1968; Ord. 476 § 1, 1932).
10.32.020 Substances detrimental to health.
It is unlawful for any person to discharge or deposit or permit to seep upon the land of another any substance detrimental to health including any accumulation of filth, rubbish, garbage, decaying animal matter, vegetable matter, or any animal or human excrement, or septic tank effluent, or allow or permit same to be discharged or deposited upon premises owned, occupied or controlled by said person. It is not a violation, however, if vegetable matter is being kept in a confined area, closed on at least three sides, for the purpose of making compost. (Ord. 1066 § 102, 1983; Ord. 737 § 1.24.030, 1968).
10.32.050 Keeping or storing refrigeration equipment for sale.
Any person who keeps or stores refrigerators, ice boxes, or deep-freeze lockers for the purpose of selling or offering them for sale shall not be guilty of a violation of any of the preceding sections if he takes reasonable precaution to effectively secure the door of any refrigerator, icebox or deep-freeze locker held for purpose of sale so as to prevent entrance of children small enough to fit into such articles. (Ord. 1066 § 107, 1983).
10.32.060 Securing entrance to wells and cisterns.
It is unlawful for any person to have located on or about premises owned by or under his control any well, cistern or storage tank unless the same is capped in such a manner as to prevent access into said well, cistern or storage tank by children. It shall not be a violation of this provision if the well, storage tank or cistern has been filled with solid material so that there is no danger of a child falling into said well, cistern or storage tank. (Ord. 1066 § 108, 1983; Ord. 737 § 1.24.140, 1968).
10.32.070 Smoking in prohibited place.
It is unlawful for any person to light a pipe, cigar or cigarette in, or to enter with a lighted pipe, cigar or cigarette, any mill or other building on which is posted at a conspicuous place a notice in plain legible characters stating “no smoking” or such other language as to indicate no smoking is allowed in said building. (Ord. 1066 § 111, 1983; Ord. 737 § 1.24.080, 1968).
10.32.080 Doors of public buildings to swing outward.
The doors of all theaters, school buildings, churches, public halls, or places used for public entertainment, exhibitions or meetings, which are used exclusively or in part for admission to or egress from the same or any part thereof, shall be so hung and arranged as to open outwardly and during any exhibition, entertainment or meeting shall be kept unlocked and unfastened, and in such condition that, in case of danger or necessity, immediate escape from such building shall not be prevented or delayed. It is unlawful for any owner, agent, renter, lessee, or person in control of building to use, or allow to be used, said building for the purposes stated herein unless the doors operate in the manner required by this section. (Ord. 1066 § 112, 1983; Ord. 737 § 1.24.120, 1968).
10.32.100 Prostitution.
The following provisions of the Revised Code of Washington pertaining to prostitution are adopted by reference, as they presently exist or as they may hereafter be amended:
|
Source of Adopted Law |
Title |
|---|---|
|
RCW 9A.44.010 |
Definitions |
|
RCW 9A.88.030 |
Prostitution |
|
RCW 9A.88.050 |
Prostitution – Sex of parties immaterial – No defense |
|
RCW 9A.88.090 |
Permitting prostitution |
|
RCW 9A.88.110 |
Patronizing a prostitute |
|
RCW 9A.88.120 |
Additional fee assessment |
The city clerk is directed to maintain copies of the adopted statutes on file in the clerk’s office for public inspection and copying. (Ord. 06-15 § 17, 2015; Ord. 10-99 § 2, 1999; Ord. 1066 § 114, 1983; Ord. 818 § 2, 1971; Ord. 737 §§ 1.32.010, 1.32.051, 1968).
10.32.115 Disturbing school activities or meetings.
It is unlawful for any person to willfully create a disturbance on school premises during school hours or at school activities or school meetings. (Ord. 6-84 § 1, 1984).
10.32.160 Opening sealed letter.
It is unlawful for any person to willfully open or read or cause to be opened or read any sealed message, letter or telegram intended for another person, or publish the whole or any portion of such a message, letter or telegram, knowing it to have been opened or read without authority. (Ord. 1066 § 120, 1983).
10.32.170 Intercepting or recording private communication – Consent required.
(1) Except as otherwise provided in this code, it shall be unlawful for any person to intercept or record any:
(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;
(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated, without first obtaining the consent of all the persons engaged in the conversation.
(2) Notwithstanding the provisions of subsection (1) of this section, wire communications or conversations (a) of an emergency nature, such as the reporting of a fire, crime, or other disaster, or (b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues, may be recorded with the consent of one party to the conversation.
(3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted; provided, that if the conversation is to be recorded that the announcement shall also be recorded.
(4) An employee of any regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full-time or contractual or part-time basis shall be deemed to have consent to record and divulge communications or conversations otherwise prohibited by this code if the consent is expressly given or if the recording or transmitting device is readily apparent or obvious to the speakers. Withdrawal of the consent after the communication has been made shall not prohibit any such employee of a newspaper, magazine, wire service, or radio or television station from divulging the communication or conversation. (Ord. 1066 § 121, 1983).
10.32.180 Exemption of police and fire personnel from previous section – Standards.
(1) The provisions of the previous section shall not apply to police and fire personnel in the following situations:
(a) Recording incoming telephone calls to police and fire stations;
(b) Video and/or sound recordings may be made of arrested persons by police officers responsible for making arrests or holding persons in custody before their first appearance in court. Such video and/or sound recordings shall conform strictly to the following:
(i) The arrested person shall be informed that such recording is being made and the statement so informing him shall be included in the record;
(ii) The recording shall commence with an indication of the time of the beginning thereof and terminate with an indication of the time thereof;
(iii) At the commencement of the recording the arrested person shall be fully informed of his constitutional rights, and such statements informing him shall be included in the recording;
(iv) The recordings shall only be used for valid police or court activities.
(2) It shall not be unlawful for a law enforcement officer acting in the performance of the officer’s official duties to intercept, record, or disclose an oral communication or conversation where the officer is a party to the communication or conversation or one of the parties to the communication or conversation has given prior consent to the interception, recording, or disclosure; provided, that prior to the interception, transmission, or recording the officer shall obtain written or telephonic authorization from a judge, who shall approve the interception, recording, or disclosure of communications or conversations with a nonconsenting party for a reasonable and specified period of time, if there is probable cause to believe that the nonconsenting party has committed, is engaged in, or is about to commit a felony; provided, however, that if such authorization is given by telephone, the authorization and officer’s statement justifying such authorization must be electronically recorded by the judge on a recording device in the custody of the judge at the time transmitted and the recording shall be retained in the court records and reduced to writing as soon as possible thereafter.
Any recording or interception of a communication or conversation incident to a lawfully recorded or intercepted communication or conversation pursuant to this subsection shall be lawful and may be divulged.
All recording of communications or conversations made pursuant to this subsection shall be retained for as long as any crime may be charged based on the events or communications or conversations recorded.
(3) Communications or conversations authorized to be intercepted, recorded or disclosed by this section shall not be inadmissible in any criminal action on the basis of any right of privacy created by application of the municipal code.
(4) Authorizations issued under this section shall be effective for not more than seven days, after which period the issuing authority may upon application of the officer who secured the original authorization, renew or continue the authorization for an additional period not to exceed seven days. (Ord. 1066 § 122, 1983).
10.32.190 Peddlers declared nuisances – Penalty.
It is unlawful for any person that is soliciting, peddling, hawking, or in any way attempting to sell merchandise to enter upon the premises of a private residence for the purpose of soliciting orders for the sale of any merchandise, or soliciting for sale any merchandise without first having been expressly invited upon the premises by the owner or occupant thereof. Such conduct is declared to be a nuisance in addition to being a criminal violation; provided, however, this section shall not apply to any farmer, gardener, or other person while selling, delivering or peddling any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meat, or any other farm product or edibles raised, caught, produced or manufactured by said person in any place within the state. (Ord. 1066 § 123, 1983; Ord. 737 §§ 1.48.040, 1.48.050, 1.48.060, 1968).
10.32.200 Unmanned aircraft systems.
(1) Definitions. For purposes of this chapter:
(a) “Unmanned aircraft” shall mean an aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.
(b) “Unmanned aircraft systems” shall mean an unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft.
(c) “Person” shall have the same meaning as set forth in BMC 1.12.020.
(d) “Model aircraft” shall mean an unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.
(2) Use of unmanned aircraft is prohibited as follows:
(a) No person shall use an unmanned aircraft to record or transmit any visual image or audio recording of any person or private real property located in the city under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a private residence or office, and inside an enclosed yard).
(b) This section shall not prohibit the use of any model aircraft which is flown in compliance with Section 336 of the FAA Modernization and Reform Act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the city.
(c) This section shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies:
(i) If a warrant is issued authorizing the use of an unmanned aircraft; or
(ii) For the purpose of providing emergency management, fire, or police protection services in response to a life threatening emergency, or for surveying the condition of person or property during a duly declared state of emergency; or
(iii) Under circumstances where a warrant would not otherwise be required by law.
(3) Violation of this section as a first offense shall constitute a misdemeanor. Repeated violations shall be charged as a gross misdemeanor. (Ord. 10-20 § 1, 2020).