Chapter 7.04
CHEHALIS CRIMINAL CODE
Sections:
7.04.005 Chehalis criminal code – Adoption by reference.
7.04.320 Miscellaneous misdemeanors.
7.04.005 Chehalis criminal code – Adoption by reference.
The city adopts the following sections of the Revised Code of Washington (RCW) as they relate to, define, or otherwise address misdemeanors and gross misdemeanors, including without limitation their investigation, arrests, prosecution, sentencing, punishment, and applicable defenses, as those provisions now exist and as they are or may be amended from time to time:
A. RCW Title 7;
B. RCW Title 9;
C. RCW Title 9A;
D. RCW Title 10;
E. RCW Title 13;
F. RCW Title 16;
G. RCW Title 18;
H. RCW Title 19;
I. RCW Title 26;
J. RCW Title 28A;
K. RCW Title 46;
L. RCW Title 52;
M. RCW Title 66;
N. RCW Title 69;
O. RCW Title 70;
P. RCW Title 74;
Q. RCW Title 77;
R. And all other RCW sections that constitute misdemeanor and gross misdemeanor crimes and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted or as hereafter amended or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. [Ord. 1098B § 1 (Exh. A), 2024; Ord. 1033B § 1, 2022; Ord. 975B §§ 1, 2, 2017; Ord. 841B §§ 2, 3, 2008.]
7.04.010 General provisions.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.020 Definitions.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.030 Assault.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.040 Controlled substances, drugs, and drug paraphernalia.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.050 Disorderly conduct.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.060 Frauds.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.070 Gambling.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.080 Intoxicating beverages.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.090 Drug paraphernalia – Selling or giving – Penalty.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.100 Lewd conduct.
Repealed by Ord. 841B. [Ord. 804B § 1, 2006; Ord. 672B, 2000.]
7.04.110 Indecent exposure.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.120 Miscellaneous misdemeanors.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.130 Nuisances.
A. “Public Nuisance” Defined.
1. Infractions. Every act unlawfully done and every omission to perform a duty, which act or omission constitutes, creates, or acquiesces to any of the following, shall constitute a public nuisance, the penalties for which are set forth in subsection (F) of this section:
a. Unlawfully interfering with, obstructing or tending to obstruct, or rendering dangerous for passage, any public park, street, alley, sidewalk, highway, or other public area;
b. Causing or allowing garbage, waste, refuse, litter, debris, or other offensive materials to be collected, deposited, or allowed to remain in any place in the city, unless otherwise permitted by law;
c. Erecting, continuing, or using any building, room, property, or other place in the city for the exercise of any trade, employment, or manufacture which results in offensive odors being released, and which injures or is detrimental to the health of the individuals there employed or residing, or to the public;
d. Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, soot, or gases arising from such burning to injure or endanger the health of any person or neighborhood;
e. 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, any one or more of, but not limited to, the following conditions or things:
i. Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole or parts of any dead animal or fish;
ii. Any unwholesome or offensive chemical or substance which may be dangerous or injurious, such as oil, grease, poisons, explosives, radioactive materials, and other similar substances in such a manner as to be offensive or injurious to public health or unpleasant or disagreeable to the adjacent residences or persons;
iii. Any cellar, vault, drain, sewer, or septic tank to become, from any cause, noxious, foul, offensive, or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons;
iv. Any noxious, foul, or putrid liquid or substance, or any liquid or substance likely to become noxious, foul, offensive, or putrid, to be discharged, placed, or thrown upon, or to flow from or out of any adjacent premises or any public street or alley, or to stand, remain, or be upon any premises;
f. Any refrigerator, icebox, or deep freeze locker having a capacity of one and one-half cubic feet or more, or any other container manufactured, custom made, or homemade designed for storage which is discarded, abandoned, or left in any place accessible to children and which has not had the door or latching mechanism removed to prevent the latching or locking of the door;
g. Any sign, poster, or other advertising matter of any nature placed upon telegraph, telephone, or other poles, trees, sidewalks, streets, signs, traffic signs, or other traffic control devices, or other structures or places within streets, alleys, or other public places or rights-of-way;
h. The growing, permitting, maintaining or allowing the growth of grasses, weeds, or other vegetation which exceeds 12 inches in average height or length, or 18 inches at any point, provided: public parks; public facilities; open space zones; properties which are more than one-half acre in size and either: (i) do not abut a subdivision or neighborhood, or (ii) are located more than 100 feet from any structure; areas of pristine vegetation; National Wetland Inventory (NWI) mapped or delineated wetlands (including approved constructed habitat); agricultural property which has been cultivated in two of the prior three years; and any property determined by the director to be similar in nature to the above shall not be considered to be a grass, weed, or vegetation nuisance;
i. Repairing or servicing vehicles on any city street or right-of-way unless an emergency exists for such repairs and the same can be resolved within a two-hour period;
j. Gas, oil, anti-freeze, fluid, or any other contaminants leaking or discharging onto any city street, storm sewer, or right-of-way from any vehicle, equipment, or machinery;
k. Selling, offering for sale, soliciting, peddling, hawking or any other form of merchandising upon any public or private property, business or residence which is not the approved place of business of such seller, without approved permits and/or licenses for such activity;
l. Any fence or similar structure that is noticeably leaning or in such disrepair so as to be in danger of collapsing or falling onto public or adjoining private property which may be a danger to persons or animals;
m. Storage of any construction or demolition material within any required street setback;
n. Storage of any construction or demolition material outside of a building in any residential zone for more than 30 days.
2. Misdemeanors. Every act unlawfully done and every omission to perform a duty, which act or omission constitutes, creates, or acquiesces to any of the following, shall constitute a public nuisance, the penalties for which are set forth in subsection (F) of this section:
a. Throwing, depositing, exposing, or causing to be disposed of, in any street, alley, sidewalk, park, or other place within the city, any garbage, waste, refuse, litter, debris, or other offensive material, unless the disposal of such items in such place is specifically authorized by law;
b. Any building, house, room, or other structure or vehicle maintained or used for the purpose of lewdness, assignation, or prostitution;
c. Any pit, basin, hole, case, mine, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law;
d. All obstructions to streets, rights-of-way, or other public ways in the city and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished;
e. All vacant, unused, or unoccupied buildings and structures within the city which are allowed to become or remain open to entrance by unauthorized persons or the general public because of broken, missing, or open doors, windows, foundation, or other openings so that the same may be used by vagrants or other persons in a manner detrimental to the health and welfare of the inhabitants or which may be dangerous or an attractive nuisance;
f. The depositing or allowing of irrigation or other water to run by any street, alley, or other public place in such manner as to cause settling or damage to the street, alley, or other public place, or to cause damage or hazard to any user of the street, alley, or other public place;
g. Inoperable or unlicensed vehicles parked on any city streets and/or rights-of-way or any vehicle which would violate any motor vehicle laws if it were to be operated on a public way. All vehicles parked on any city streets and rights-of-way shall be required to have valid vehicle licenses and be legally operable;
h. Junk, including appliances, or parts thereof, vehicle or equipment parts, iron or metal, glass, concrete, cardboard, lumber, wood, demolition debris, mattresses, old furniture, and other cloth or plastic materials, old limbs or other noncomposted materials;
i. Exterior storage, or the permitting or allowing of such storage, of any partially dismantled, wrecked, junked, discarded, or otherwise nonoperating motor or recreational vehicle, unless the same is stored so as not to be readily visible from any public place or from any surrounding private property. Any vehicle normally operated on public streets, roads, or highways that is not currently licensed shall be considered nonoperating;
j. Selling or offering for sale tickets to any ball, benefit, drawing or entertainment, or asking or receiving any subscription or promise therefor, for the benefit or pretend benefit of any person, association, or order, without being duly authorized thereto by the person, association, or order for whose benefit the same is done;
k. Any violation of any provision of the International Building Code, International Fire Code, International Mechanical Code, International Plumbing Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, or any other properly adopted code, rule, or regulation, relating to building construction or maintenance;
l. Failing to comply with the requirements of any properly issued correction notice or notice of violation for any rule, regulation, code, or condition of any development permit issued by the city.
B. Permitting/Maintaining.
1. It is unlawful for any person, by themselves or by their agents or employees, or as the agent or employee of another person, firm, or corporation, to do or permit to be done, upon any premises over which they have control, or to maintain, carry on, suffer, or allow, at any place or places mentioned in this chapter, any of the acts or things declared to be nuisances in this chapter; or to do, cause, permit, suffer to be done, or maintain any act or thing which is detrimental or injurious to public health, offensive to the senses, or contrary to the public decency or morality.
2. If the owner or agent of any premises has actual or constructive knowledge of the maintenance on or in their premises of any nuisance, as defined in this chapter, they shall be deemed one of the persons in control of the premises.
3. Any person creating, keeping, or maintaining any nuisance, or permitting, allowing, or suffering any nuisance to be maintained, who neglects or fails to abate or remove the nuisance within 24 hours next after so creating, keeping, or maintaining the nuisance or permitting, allowing, or suffering the same to be maintained, may, for each 24 hours thereafter during which the nuisance is continued, be charged with a separate violation of maintaining a public nuisance.
4. Any person creating, keeping, allowing, or maintaining any nuisance condition subsequent to any notice issued by the city to abate such nuisance condition shall be subject to abatement at the discretion of the city.
5. In the case of any violation of subsection (A)(1)(h) of this section (grass, weed or vegetation violation), the required abatement shall consist of mowing, plowing or otherwise removing such nuisance condition to not more than four inches above finished grade.
C. Violation.
1. Any action of any person, agent, firm, or corporation in violation of any provision of this chapter, or failure of any person, agent, firm, or corporation to perform any action or duty required pursuant to the provisions of this chapter, shall constitute a public nuisance and an infraction or a misdemeanor as defined in subsections (A)(1) and (2) of this section, and may be abated by the city as provided in this chapter. Nothing herein shall preclude the city from issuing a citation for such violation concurrent with any abatement action.
2. Nothing herein shall preclude the city from exercising its authority to protect the public peace and welfare by summarily abating any nuisance condition determined to be detrimental or an imminent threat to the public peace and welfare, or to protect the welfare of any person, animal, or property, without notice to any person.
3. Any citation written for the violation of any provision of this chapter shall contain an identification number or component to reflect the level of penalty established in subsection (F) of this section, consistent with the capability of the municipal court system.
D. Abatement.
1. Order. Upon the discovery of a nuisance, the community development director may order the owner or other person creating, keeping, maintaining, or permitting the same to abate it, and in default thereof to undertake the abatement on behalf of the city. At least 10 days before abatement commences, save in those cases of immediate necessity, the community development director shall notify the person creating, keeping, maintaining, or permitting the nuisance, the property owner, and any person in possession of the property, if known, of the city’s intentions. The notice shall be served personally or by some type of mail requiring a return receipt, and shall describe with particularity the nature of the violation and the sections of this chapter or other laws which are being violated, and shall specify a reasonable time within which the abatement must be accomplished.
2. Immediate. Whenever any nuisance condition is located within a public right-of-way or public easement, or of such a character and so situated that it can be abated without the invasion or destruction of private property, or the prejudice of any right thereof, the community development director and/or the public works director may summarily and immediately abate and remove the nuisance condition without further notice to any party.
3. By City – Safeguards. In any case where a nuisance is to be abated by the director, it shall be the duty of the community development director to proceed with due care and without unnecessary destruction of property. He shall in all cases be authorized to employ such assistance and adopt such means as may be necessary to effect the entire abatement of the nuisance, including access to private property reasonably necessary to abate such nuisance condition.
4. Costs. Every person, firm, or corporation maintaining a nuisance or permitting, allowing, or suffering a nuisance to be maintained, as prohibited by this chapter or otherwise, shall be liable for all costs and expenses for abating the same when the nuisance has been abated by the community development director. The costs and expenses will be assessed as a part of any prosecution against the party liable and may be recovered as other costs are recovered after they have been assessed; provided, that in such cases, the city shall have been liable in the first instance to pay all costs of the abatement. In all cases where the community development director abates any nuisance, he shall keep an account of all expenses attending such abatement. The community development director shall forward such costs to the finance manager, who shall certify them to the county treasurer for assessment on the tax rolls, and, in addition to other powers given in this chapter to collect such other costs and expenses, may forthwith bring suit for recovery of the costs in any court of competent jurisdiction, in the name of the city, against the person maintaining, keeping, creating, permitting, allowing, or suffering the nuisance abated, and, upon the collection of the costs by such suit, he shall pay the same to the finance manager.
E. Administrative Search Warrants. In the event the community development director has been denied access to any structure, dwelling unit, building, or property pursuant to existing city ordinances, he can at that time of denial of access obtain from the Chehalis municipal court a search warrant for the structure, dwelling unit, building, or property. Before an administrative search warrant is issued by the municipal court judge, the community development director must set forth by affidavit, under oath, the ordinance or ordinances upon which he is proceeding and state the circumstances upon which he is seeking the search warrant. If the municipal court judge finds that the community development director is proceeding under city ordinance, he shall issue an administrative search warrant for the search of the structure, dwelling unit, building, or property.
F. Penalties.
1. Penalty for nuisances defined in subsections (A)(1)(a) through (n) of this section:
a. Any person cited for violation of any provision of subsections (A)(1)(a) through (n) of this section shall be fined a monetary penalty as set forth in the Chehalis fee schedule and Chehalis municipal court bail schedule.
b. Nothing herein shall preclude the city from issuing a citation for such violation concurrent with any abatement action as authorized by this chapter.
2. Penalty for nuisances defined in subsections (A)(2)(a) through (l) of this section:
a. Any person convicted of a misdemeanor for the first violation of any provision of subsection (A)(2) of this section, whether or not the same provision or a different provision, shall be fined a monetary penalty of up to $1,000 and imprisoned for up to 30 days at the discretion of the court.
b. Any person convicted of a misdemeanor for the second violation of any provision of subsection (A)(2) of this section, whether or not the same provision or a different provision, shall be fined a monetary penalty of up to $1,500 and imprisoned for up to 60 days at the discretion of the court.
c. Any person convicted of a misdemeanor for the third or subsequent violation of any provision of subsection (A)(2) of this section, whether or not the same provision or a different provision, shall be fined a monetary penalty of up to $1,900 and imprisoned for up to 90 days at the discretion of the court.
d. Nothing herein shall preclude the city from issuing a citation for such violation concurrent with any abatement action as authorized by this chapter.
3. The provisions of this chapter relative to the abatement of nuisances are not exclusive and all other rights or remedies of the city or any citizen thereof relative to abatement of nuisances are declared to remain in full force and effect.
4. In addition to such other penalties as may be imposed, a court entering a judgment of guilty to a charge of creating a public nuisance may order the abatement of the same on such terms and conditions as may be just and equitable. [Ord. 1029B § 3, 2022; Ord. 894B § 2, 2012.]
7.04.140 Obstructing a public servant.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.150 Parks, playgrounds and public ways.
Repealed by Ord. 841B. [Ord. 810B § 6, 2006; Ord. 672B, 2000.]
7.04.160 Theft.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.170 Posting of handbills.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.180 Property damage.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.190 Prostitution.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.200 Refrigeration equipment.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.210 Restraining orders, domestic violence orders, and anti-harassment orders.
Repealed by Ord. 841B. [Ord. 708B, 2001; Ord. 672B, 2000.]
7.04.220 Shoplifting.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.230 Telephone misuse.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.240 Traffic and parking.
A. Adoption by Reference.
1. The “Washington Model Traffic Ordinance,” Chapter 46.90 RCW, hereinafter referred to as the “MTO,” shall be, and the same hereby is, adopted by reference as and for the traffic ordinance of the city as if set forth herein, with the exception of the penalty provisions thereof which are superseded by the penalty provisions of CMC 7.04.005 and any amendment thereto, and except as provided in subsection (A)(2) of this section.
2. The following sections of the MTO are not adopted by reference and are expressly deleted:
a. Chapter 308-330 WAC relating to parking meters;
b. Chapter 308-330 WAC relating to parade permits;
c. Chapter 308-330 WAC relating to the licensing of bicycles.
3. Incident to the adoption of the MTO by reference, by this section, copies of the text of the adopted MTO shall be filed as required by RCW 35A.12.140, for use and examination by the public.
B. The term “public highway,” as used in RCW Title 46, shall include, but not be limited to, all public and private parking lots within the city limits.
C. “Parking space” shall mean any space which is duly designated for the parking of a single motor vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street.
D. Blocking or Obstructing Alleys, Driveways, Sidewalks, or Traffic. The following traffic codes shall be in addition to the “Washington Model Traffic Ordinance,” Chapter 46.90 RCW. A person who violates any portion or subsection of this subsection is guilty of a traffic infraction.
1. Parking in Driveway Entrance or Alley Entrance. No person shall stand or park a vehicle in front of a public or private driveway within a street or alley or in front of, or in, an alley entrance or within five feet of the end of a constructed driveway return or alley entrance return, or if none, within five feet of the projection of the edge of the driveway or alley. Violation of this section constitutes a parking violation rather than a moving violation.
2. Parking in Alleys. No person shall stand or park any vehicle, except an authorized emergency vehicle, in any alley or alleyway for a period of time longer than is necessary for the expeditious loading, unloading, pick-up or delivery of materials from such vehicle. Violation of this section constitutes a parking violation rather than a moving violation.
3. Blocking or Obstructing Traffic or Sidewalk – Unoccupied Vehicle. No person shall drive, operate, or park a vehicle upon or along any street or highway in the city, as to needlessly, unnecessarily, and unwarrantedly block, obstruct, or interfere with the orderly flow of traffic on said street or highway. Nor shall any person exit such vehicle when traffic will be unreasonably obstructed thereby, or when, in areas designated for angle parking, the vehicle is of such a length as to obstruct the sidewalk or the adjacent moving traffic lane. Proof that such traffic was blocked, obstructed, or interfered with shall be prima facie evidence that such blocking, obstructing, and interference were needless, unnecessary, and unwarranted. Violation of this section constitutes a parking violation rather than a moving traffic violation.
4. Blocking or Obstructing Traffic or Sidewalk – Occupied Vehicle. No person shall stop, stand, or park a vehicle and remain therein upon or along any street or highway in the city when traffic will be unreasonably obstructed. Violation of this section constitutes a moving violation rather than a parking violation (RCW 46.61.560).
5. Impounding Vehicles. Any vehicle that is found unattended, on any portion of public property, shall be subject to immediate impound and may be removed by or at the discretion and direction of a police officer under the following circumstances:
a. The vehicle is a hazard such that it is blocking a crosswalk, alleyway, a public or private driveway, or other similar conduct that poses a danger or risk to the public; or
b. The vehicle is in violation of any parking regulation in this chapter; or
c. The vehicle is parked in violation of the terms of an impound warning notice as defined in RCW 46.55.085.
The cost of such impound, removal, and all subsequent storage of the vehicle shall be borne by the operator or owner of the vehicle. [Ord. 975B §§ 3, 4, 2017; Ord. 859B § 3, 2010; Ord. 672B, 2000.]
7.04.250 Trespass and criminal trespass.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.270 Firearms and dangerous weapons.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.280 Interfering with the reporting of domestic violence.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.290 Stalking.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.300 Incarceration costs.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.310 Penalties.
Repealed by Ord. 841B. [Ord. 672B, 2000.]
7.04.320 Miscellaneous misdemeanors.
A. Urinating or Defecating in Public.
1. It shall be unlawful for any person to urinate or defecate in a public place other than a washroom or toilet room or other facility specifically designated and intended for that use.
2. A “public place” is defined as an area generally visible to public view and shall include streets, sidewalks, alleys, bridges, plazas, parks, driveways, parking lots, automobiles (whether moving or not), buildings open to the general public (including those in which food and/or drink are served or entertainment is provided), and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
3. Urinating or defecating in public is a misdemeanor.
B. Noises Which Disturb Others.
1. It shall be unlawful for any person to cause a public noise disturbance or be in possession and control of property from which a public noise disturbance emanates. The following sounds, without limitation, are determined to be public noise disturbances:
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 or required by law.
b. Yelling, shouting, hooting, whistling, or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property.
c. The creation of frequent, repetitive, or continuous sounds which emanate from any public or private property, which unreasonably interferes with the peace, comfort, and repose of other owners or possessors of real property such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings. Reasonableness shall be determined based upon the following four factors: (i) the hours of the sound, (ii) the duration of the sound, (iii) the location of the sound, and (iv) the zoning of the location of the sound. No single factor being present or absent shall be dispositive, and the reasonableness shall be a totality of the circumstances. In considering the zoning location, the measurement location limitations for commercial premises may be considered but are not dispositive.
d. Sounds from motor vehicle audio sound systems, such as tape players, radios, compact disc players, MP3 players, and the like, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.
e. The use of any loudspeaker, amplifier, or other similar device, which shall project sound beyond the property lines of a commercial premises upon which it is being used whenever such sound exceeds the following exterior sound level limits as measured from a neighboring property or public land or public right-of-way:
|
Zoning of Measurement Location |
||
|---|---|---|
|
Residential |
Commercial |
Industrial |
|
57 dBA |
60 dBA |
65 dBA |
i. The exterior sound level limits are reduced by 10 dBA where the measurement location lies within a residential district of the city during the times listed in subsection (B)(1)(e)(ii) of this section:
ii.
|
Sound Levels Limits Are Reduced by 10 dBA When Measurement Location Is in a Residential Zone |
|
|---|---|
|
Days |
Hours |
|
Sunday |
12:00 a.m. – 9:00 a.m. & 10:00 p.m. – 11:59 p.m. |
|
Monday |
12:00 a.m. – 7:00 a.m. & 10:00 p.m. – 11:59 p.m. |
|
Tuesday |
12:00 a.m. – 7:00 a.m. & 10:00 p.m. – 11:59 p.m. |
|
Wednesday |
12:00 a.m. – 7:00 a.m. & 10:00 p.m. – 11:59 p.m. |
|
Thursday |
12:00 a.m. – 7:00 a.m. & 10:00 p.m. – 11:59 p.m. |
|
Friday |
12:00 a.m. – 7:00 a.m. |
|
Saturday |
12:00 a.m. – 9:00 a.m. |
|
Legal holidays as set by the Washington State Legislature |
12:00 a.m. – 7:00 a.m. & 10:00 p.m. – 11:59 p.m. Excluding 7/4, 7/5, 12/31 & 1/1 |
iii. The sound level limits are based on at least two separate measurements within 60 minutes.
f. Exceptions From Prohibitions. None of the terms or prohibitions of this section shall apply to or be enforced against:
i. Any vehicle of local or state government while engaged in necessary public business; or
ii. Excavations or repairs of bridges, streets, or highways by or on behalf of the city, Lewis County, or the state of Washington, during the nighttime when the public welfare and convenience render it impossible or impracticable to perform such work during daylight hours; or
iii. The reasonable use of loudspeakers or amplifiers in the course of public addresses or permitted public events at reasonable times and reasonable hours or occurrences.
g. In order to make or allow noise that would otherwise be prohibited, a special event permit is required through the city of Chehalis which may specify modified restrictions on time, area, and volume as are necessary to preserve the public peace and safety.
2. Creating, causing, or allowing noises which disturb others is a misdemeanor.
C. Leaving Minor Children Unattended.
1. No person having the care and/or custody, whether temporary or permanent, of a minor child or children under the age of 12 years may leave such minor child(ren) unattended.
2. Leaving minor child(ren) unattended is a misdemeanor.
D. Keeping a Disorderly House.
1. A person is guilty of keeping a disorderly house if (s)he:
a. Keeps any house or place of business and suffers or permits therein, at any time, any riotous or disorderly conduct, drunkenness, or fighting to the annoyance of the public; or
b. Keeps any house of public resort wherein the peace, comfort, quietude, or decency of the public may be suffered or permitted to be disturbed, or keeps any inn, hotel, lodging house, boardinghouse, barroom, or saloon in a disorderly manner or fashion.
2. Keeping a disorderly house is a misdemeanor.
E. Prohibited Conduct.
1. A person is guilty of engaging in prohibited conduct if (s)he fights or quarrels, or encourages or challenges others to fight, or uses abusive language, in any public place in the city of Chehalis and thereby intentionally creates a risk of assault, riot, or other public disturbances which may endanger the safety of persons or property.
2. Engaging in prohibited conduct as defined herein is a misdemeanor.
F. Public Parks and Public Places.
1. It shall be illegal to engage in the following conduct in any public park or public place within the city:
a. No person, firm, or corporation shall use, place, or erect any placard, notice, sign, or device of any kind for advertising in any park, or erect a structure of any kind in any park; provided, however, the city manager or his designee may permit the erection of temporary direction signs, decorations, advertising signs, or temporary stands and buildings on occasion of group or public meetings or for purposes of organized athletic events.
b. No person shall, without prior written permission of the city manager or his designee, cut, injure, deface, remove, or disturb any tree, shrub, plant, building, fence, bench, or other structure, apparatus, or property in a public park or any public place, or injure, misuse, or remove any device placed to protect such tree, shrub, building, fence, bench, or other structure, apparatus, or property.
c. No person shall enter upon any portion of lawn or ground within a public park or in a public place when notified by a sign placed in such park or public place, or by a police officer, not to enter upon such lawn or ground.
d. No person shall throw or deposit any refuse or litter, garbage, yard trimmings, or other waste materials in any park or public place, except in designated receptacles.
e. No person shall make or kindle any fire in a public park or in a public place except at places designated for such purposes.
f. All municipally owned and operated public parks shall have designated park hours from dawn to dusk, unless otherwise specifically posted. No person shall remain in a public park owned or operated by the city during times of closure unless they have been provided a permit granted by the city of Chehalis or are within the designated camping areas of the municipal parks.
g. No person shall allow or permit any animal to run at large in any public park or public place or to enter any lake, pond, fountain, or stream therein.
h. No person shall possess, use, or discharge any air gun, BB gun, slingshot, or any bow and arrow in any public park, or use or discharge any such weapon in any public place, unless otherwise authorized as a part of any organized recreation program of the community services department or other public agency.
i. No person shall molest, catch, injure, kill, or throw any stick, stone, missile, or other weapon of any kind at, or strike with any stick, stone, missile or other weapon of any kind, any animal or bird in any public park or public place.
j. Camping on Public Property.
i. No person may knowingly camp, sleep, or store personal property on public property, including without limitation, streets, sidewalks, parks, green spaces, and road verges.
ii. The prohibition in subsection (F)(1)(j)(i) of this section shall not apply if:
(A) There is no alternative shelter available to the individual camping, sleeping, or storing the personal property. If alternative shelter is or becomes available within a reasonable distance or transportation services are available, the individual may not continue to so camp, sleep, or store personal property. Even when no alternative shelter is available, no person may camp, sleep, or store personal property on roadways or sidewalks or in other areas that impede vehicular or pedestrian traffic or which causes a risk of harm to self or others.
(B) The camping, sleeping, or storing of personal property is done in designated areas or sites and in accord with applicable rules and regulations thereof.
(C) Upon law enforcement contact, the individual promptly ceases to so camp, sleep, or store personal property, and voluntarily leaves the vicinity.
iii. The following definitions shall apply within this subsection:
(A) “Alternative shelter” shall include both public and private shelter available overnight at no cost to individuals experiencing homelessness. Law enforcement may determine whether alternative shelter is available within a reasonable distance for any individual so camping, sleeping, or storing personal property.
(B) “Camp” is both a noun and a verb and shall include its ordinary definitions and shall include sitting or lying with blankets, sleeping bags, tarps, tents, cots, mattresses, cardboard, pallets, multiple layers of clothing, boards or lumber, and similar objects.
(C) “Sleep” shall include its ordinary definition and shall include lying or sitting with the apparent intent to sleep based upon a totality of the surrounding circumstances.
(D) “Store personal property” shall be the act of placing personal property on public property unattended for more than 10 consecutive minutes. This definition shall not apply to the parking of vehicles or placing private property on public property that is otherwise expressly allowed or regulated under other law.
iv. Law enforcement is expressly authorized to remove stored personal property as abandoned property. Upon removal, law enforcement shall safely maintain the stored personal property for a minimum of 60 calendar days in a manner which is reasonable. Law enforcement may but is not required to perform a cursory search of such abandoned property for the purpose of preparing an inventory of the abandoned property and to assist in determining rightful ownership. Safe maintenance of such stored personal property will be presumed so long as the stored personal property is held indoors in a locked or restricted access area. Stored personal property shall be returned to its owner upon a proper request and proof of ownership and payment of a fee reflecting the actual cost of removing and maintaining the stored personal property. After 60 days, if the stored personal property is not claimed, law enforcement may dispose of the stored personal property in any reasonable manner. Nothing in this section shall require law enforcement to safely maintain stored personal property if the stored personal property is hazardous or evidently valueless, such as garbage, feces, needles, contraband, or other items plainly dangerous or constituting refuse. So long as the stored personal property is maintained in a reasonably safe manner, law enforcement shall have no liability for loss or destruction of stored personal property. The chief of police shall create and maintain an administrative policy to carry out the provisions of this section.
k. No person shall sell, offer, or solicit for sale, any goods, services, or merchandise, in any public park or public place without the prior written permission of the city manager or his designee.
l. No person shall operate or use any loud speaker or mechanical means of amplifying sound in any public park or public place without the prior written permission of the city manager.
m. No person shall have, keep, or operate any boat or other water craft within the limits of any park, or land the same at any point on the shore of or bordering any park, except at places designated for such purposes or except in an emergency.
n. No person shall have, keep, or operate any boat or other water craft in or on any flooded street or flooded parking lot. This prohibition shall not apply to any vehicles of local or state government while engaged in necessary public business.
o. No person shall ride or drive any bicycle or motor vehicle over or through any public park or flooded street of parking lot or public place except along and upon public roads, streets, or other designated areas therein and at a speed in excess of the posted speed limit.
p. No person shall practice or play golf, baseball, soccer, or other games of like character in any public park or public place except at places designated for such purposes.
q. No person shall, without prior written permission of the city manager or his designee, place or hereinafter maintain upon the grounds of any public park or in any public place any stone, cement, or other substance which shall impede the free entrance of water and air to the roots of any tree planted in such public park or public place without leaving an open space of ground of said tree not less than four feet square.
r. No person, firm, business, or corporation shall prevent, delay, or interfere with the employees of the city in the planting, pruning, spraying, or removing of trees, plants, or shrubs in any public park or public place.
2. A violation of any provision of this subsection (F) is a misdemeanor.
G. Handbills.
1. It shall be unlawful for any person, firm, business, or corporation to:
a. Post or attach any handbills, circulars, advertising matter, or other papers of any kind for advertising or other purposes, on any post, fence, tree, building, or other structure in the city of Chehalis except on billboards or other structures erected for such purpose; or
b. Throw, deposit, scatter, or place any handbills, circulars, papers, or other advertising matter upon the streets, alleys, or other public places in the city of Chehalis; or
c. Throw, deposit, scatter, or place any handbills, circulars, papers, or other advertising matter upon the walks, yards, porches, or vestibules, of any private dwelling in the city of Chehalis; provided, however, that newspapers and sealed and addressed envelopes shall not be considered within the provisions of this subsection; or
d. Throw, place, or deposit any handbills, circulars, papers, or any other advertising matter in or upon automobiles without the owner’s prior consent.
2. Subsections (G)(1)(c) and (d) of this section shall not apply to the following:
a. Any candidate for political or public office, their agents, representatives, volunteers, or employees engaged in the distribution of materials and information relative to qualifications for election, or to any person distributing information relative to a ballot issue prior to the election thereon;
b. Any member of the clergy or any person acting for or on behalf of any church or religious affiliate engaged in the distribution of materials and information of a religious nature;
c. The posting of notices, fliers, or leaflets by officers, agents, or employees of the city in the execution of their official duties; or
d. Those groups or organizations authorized by the city manager or his designee, in his discretion, to distribute notices, fliers, or leaflets containing information of interest for public safety and welfare.
3. No person shall use the streets or sidewalks of the city for purposes of painting or impressing thereon any picture, sign, mark, letter, or words for advertising purposes, or for any other purposes; provided, however, the provisions hereof shall not apply to the officials of the city in painting or impressing markings for traffic control upon the streets or sidewalks of the city.
4. A violation of this subsection (G) is a misdemeanor.
H. Aiming or Discharging a Weapon.
1. The following conduct is prohibited within the city limits of Chehalis:
a. No person shall aim any firearm, whether loaded or not, at or toward any human being;
b. No person shall willfully discharge any firearm, air gun, BB gun, or other weapon, or throw any deadly missile within the city, in any public place or in any place where any person might be endangered thereby; provided, however, the provisions of this section shall not apply to:
i. Any person engaged in military activities sponsored by the federal or state governments while engaged in official duties; or
ii. Any commissioned law enforcement officer while engaged in his/her official duties; or
iii. Any persons utilizing a properly licensed instructional, membership, and/or commercial shooting range; or
iv. Any location at which firearms are authorized to be lawfully discharged; or
v. Any person exercising the right of the individual citizen guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or the state.
2. Violation of subsections (H)(1)(a) and/or (b) of this section shall be guilty of a misdemeanor, except, as provided in RCW 9.41.185, any person setting a so-called trap, spring pistol, rifle, or other dangerous weapon, although no injury results, shall be guilty herein of a gross misdemeanor.
I. Regulation of Solicitation.
1. Definitions.
a. “Coercive” means to do the following with intent:
i. To approach, speak, or gesture to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with a commission of a criminal act upon the person, another person, or property in the person’s possession.
ii. To approach within one foot of the person for the purposes of making a solicitation without obtaining said person’s initial consent.
iii. To persist in a solicitation after the person solicited has given a negative response.
iv. To block the passage of a person or pedestrian traffic, or a vehicle or vehicular traffic, while making a solicitation.
v. To engage in conduct that would reasonably be construed as intended to compel or force a person being solicited to accede to demands.
vi. To make any false or misleading representations in the course of making a solicitation.
vii. To willfully provide or deliver, or attempt to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return for the service or product to a person.
b. “Solicitation” and all derived forms of “solicit” for the purposes of this chapter is any means of asking, begging, requesting, or pleading made in person, orally, or in a written or printed manner, for oneself or another person, directed to another person, requesting an immediate donation or payment of money, contribution, alms, financial aid, charity, gifts of items or service of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation.
2. Prohibited Conduct.
a. It shall be unlawful for any person or persons to make a coercive solicitation within the city limits of Chehalis.
b. It shall be unlawful for any person or persons to make any solicitation of persons or pedestrians within 25 feet of the entrance to any building unless specific permission has been given by the business owner or occupant to the person or persons seeking to solicit.
c. It shall be unlawful for any person or persons to make any solicitation of persons or pedestrians within 25 feet of such person’s parked vehicle or while any person is loading or unloading any vehicle.
d. It shall be unlawful for any person or persons to make any solicitation of persons or pedestrians on public property after sunset or before sunrise.
e. It shall be unlawful for any person or persons to solicit at the following places within the city limits of Chehalis:
i. Any on-ramps and/or off-ramps to state routes or interstate highways, and specifically those located at Main Street, 13th Street, and Chamber Way;
ii. Within 300 feet of the following intersections:
(A) Chamber Way and National Avenue;
(B) Chamber Way and State Street; and
(C) Chamber Way and Louisiana Avenue;
iii. Within 300 feet of the entrance to the parking lots of all businesses located between – and to include – the 1200 block to the 2100 block of Louisiana Avenue and all businesses located presently or in the future on Arkansas Way.
f. It shall be unlawful for any person or persons to sell, or offer for immediate sale, goods, services, or publications, or distribute items without remuneration, to a person in a vehicle, at those locations set forth at subsection (I)(2)(e) of this section.
g. For purposes of this chapter, distance shall be measured by using a straight line, without regard for intervening structures or objects, from the nearest point at which a solicitation is being conducted to the restricted location as set forth above.
3. Penalties. Any person who knowingly violates or fails to comply with any term or provision of any section of this subsection (I) shall be deemed to have committed the following:
a. First Offense. First offense constitutes a Class 1 civil infraction with a monetary penalty of $250.00.
b. Second or Subsequent Offense. Constitutes a misdemeanor, and, if found guilty, shall be punished by a fine not to exceed $1,000, plus costs and assessments, and/or imprisonment not to exceed 90 days, or both a fine and imprisonment. A second offense shall mean a violation of this chapter which is committed within one calendar year of the first offense. [Ord. 1066B § 1, 2023; Ord. 1064B § 1, 2023; Ord. 944B § 1, 2015; Ord. 931B §§ 1, 2, 2014; Ord. 850B § 1, 2009.]