Chapter 9.84
PUBLIC PEACE, CRIMES RELATING TO
Sections
9.84.030 Privacy, violating right of.
9.84.040 Interference with health care facilities.
9.84.050 Solicitation of occupants of vehicles on public roadways.
9.84.010 Disorderly conduct.
(1) It is unlawful for a person to:
(a) Use abusive language and thereby intentionally create a risk of assault;
(b) Intentionally disrupt a lawful assembly or meeting of persons without authority;
(c) Intentionally obstruct vehicular or pedestrian traffic without lawful authority; or
(d) Fight by agreement, except as part of an organized athletic event.
(2) A violation of or failure to comply with this section is a misdemeanor. [Ord. 1036 § 96, 1993.]
9.84.020 Public disturbance.
The following state statutes are adopted by reference and are applicable within the city:
RCW
9.27.015 Interference, obstruction of any court, building or residence – Violations.
9A.84.010 Riot.
9A.84.020 Failure to disperse.
9A.84.040 False reporting.
[Ord. 1103 § 3, 1994: Ord. 1036 § 97, 1993.]
9.84.030 Privacy, violating right of.
The following state statutes are adopted by reference and are applicable within the City:
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 from chapter.
9.73.080 Penalties.
9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility.
9.73.100 Recordings available to defense counsel.
9.73.110 Intercepting, recording, or disclosing private communications – Not unlawful for building owner – Conditions.
9.73.120 Reports – Required, when, contents.
9.73.130 Recording private communications – Authorization – Application for, contents.
9.73.140 Recording private communications – Authorization of or application for – Inventory, contents, service – Availability of recording, applications, and orders.
9.73.200 Intercepting, transmitting, or recording conversations concerning controlled substances – Findings.
9.73.210 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor – Authorization – Monthly report – Admissibility – Destruction of information.
9.73.230 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor – Conditions – Written reports required – Judicial review – Notice – Admissibility – Penalties.
[Ord. 1604 § 33, 2014; Ord. 1036 § 98, 1993.]
9.84.040 Interference with health care facilities.
The following state statutes are adopted by reference and are applicable within the city:
RCW
9A.50.010 Definitions.
9A.50.020 Interference with health care facility.
9A.50.030 Penalty.
9A.50.060 Informational picketing.
[Ord. 1103 § 2, 1994.]
9.84.050 Solicitation of occupants of vehicles on public roadways.
(1) Use of Words and Phrases. As used in this section, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(a) “Arterial roadway” means a public roadway with a marked or painted yellow centerline.
(b) “Enter” means to cross the vertical plane of the edge of a roadway. It includes crossing the vertical plane by any part of a person’s body or any extension thereof.
(c) “Goods” means real property, as well as tangible and intangible personal property.
(d) “Median” means the portion of a divided highway separating the traveled ways for traffic in opposite directions.
(e) “Roadway” has the meaning given that term in RCW 46.04.500, as currently adopted or as it may be amended in the future.
(f) “Services” means any work done for the benefit of another person.
(g) “Solicit” and all derivative forms of “solicit” mean any conduct or act whereby a person:
(i) Either orally or in writing, asks for an immediate ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value for any purpose;
(ii) Either orally or in writing, sells or offers for immediate sale goods, services, or publications;
(iii) Distributes without remuneration goods, services, or publications; or
(iv) Solicits signatures on a petition or opinions for a survey.
(h) “Vehicle” has the meaning given that term in RCW 46.04.670, as currently adopted or as it may be amended in the future.
(2) Prohibited Conduct.
(a) It is unlawful for any person to enter the traveled portion of an arterial roadway or a median in the city with the intent to conduct a solicitation directed to, or intended to, attract the attention of the occupant of any vehicle traveling on or stopped on the roadway. An offense occurs when the solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services takes place.
(b) The following conduct is exempt from the prohibition in this section:
(i) Summoning aid or requesting assistance in an emergency situation;
(ii) Law enforcement officer, public works employee, or certified flagger in the performance of official duties; or
(iii) Engaging transportation licensed for hire (e.g., a taxi, shuttle or bus).
(3) Penalty. A violation of or failure to comply with this section is a misdemeanor. [Ord. 1511 § 1, 2011.]
9.84.060 Solicited rides.
(1) Adopted by Reference.
(a) Washington State statutes and state and county regulations adopted by reference in this section are adopted pursuant to RCW 35A.12.140 as though fully set forth in this section, and as presently constituted or as may be subsequently amended.
(b) Not less than one copy of each such statute, code, or regulation as codified, and suitably marked to indicate amendments and additions, is filed in the office of the Des Moines city clerk and is available for use and examination by the public.
(2) Pedestrians Soliciting Rides or Business. The following state statute is adopted by reference and applicable within the city of Des Moines:
RCW
46.61.255 Pedestrians soliciting rides or business.
(3) Soliciting Rides in Designated “Anti-prostitution Emphasis Areas.”
(a) No person operating any vehicle upon a roadway posted as an “anti-prostitution emphasis area” and as defined in DMMC 9.76.060(2) as presently constituted or as may be subsequently amended shall stop such vehicle to offer or give transportation to any person, subject to the exceptions listed in subsection (3)(c) of this section.
(b) No pedestrian in an area posted as an “anti-prostitution emphasis area” and as defined in DMMC 9.76.060(2) as presently constituted or as may be subsequently amended shall solicit or attempt to solicit a ride from a vehicle, subject to the exceptions listed in subsection (3)(c) of this section.
(c) Exceptions. The provisions in subsections (3)(a) and (b) of this section shall not be construed to prevent a person upon a roadway posted as an “anti-prostitution emphasis area” from soliciting, or a driver of a vehicle from giving, a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a passenger carrier for the purpose of becoming a passenger thereon for hire.
(d) A violation or failure to comply with this section is a class 3 civil infraction. [Ord. 1541 §§ 1 – 3, 2012.]