Chapter 9.20
OFFENSES AGAINST PUBLIC ORDER
Sections:
9.20.010 Adoption by reference.
9.20.030 Public noise disturbance.
9.20.050 References to the Revised Code of Washington.
9.20.010 Adoption by reference.
The following sections of the Revised Code of Washington, as presently constituted or hereinafter amended, are adopted by reference as the code of the City of Everson:
RCW
9.27.015 Interference, obstruction of any court, building, or residence – Violations.
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
9A.50.005 Finding.
9A.50.010 Definitions.
9A.50.020 Interference with health care facility.
9A.50.030 Penalty.
9A.50.060 Informational picketing.
9A.50.070 Protection of health care patients and providers.
9A.50.900 Construction.
9A.84.010 Riot.
9A.84.020 Failure to disperse.
9A.84.030 Disorderly conduct.
9A.84.040 False reporting.
28A.635.030 Disturbing school, school activities or meetings – Penalty.
46.61.640 Crossing fire hose.
[Ord. 677 § 18, 2008.]
9.20.020 Offenses in public.
It is unlawful for a person in public to:
A. Refuse to pay proper fare in a public conveyance; or
B. Open or drink any intoxicating liquor in a public conveyance or public place not previously authorized by law; or
C. Sell any liquor to any person apparently under the influence of liquor.
D. Violation of this section is a simple misdemeanor. [Ord. 677 § 18, 2008.]
9.20.030 Public noise disturbance.
A. It is 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:
1. Frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residentially zoned area, so as to unreasonably disturb or interfere with the peace, comfort and repose of others.
2. Frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of a person or persons on public or private property, other than the property from which the sound emanates, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings.
3. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source and outside the property of the operator.
4. Construction and industrial noises, including, but not limited to, motorized construction and equipment operation, hammering, blasting, drilling and sawing in residentially zoned areas, between the hours of 10:00 p.m. and 7:00 a.m., which unreasonably disturb or interfere with the peace, comfort and repose of others; provided, that this subsection shall not apply to noises caused by projects required in an emergency to repair public facilities or utilities or to prevent immediate damage or harm to persons or property; and further provided, that this subsection shall not apply if the City Council grants a variance from the provisions of this subsection for the construction or repair of a public facility or utility upon a finding that it is either necessary or in the public interest for all or a portion of the work to be performed between the hours of 10:00 p.m. and 7:00 a.m. The Council may impose such conditions as it deems appropriate upon the granting of a variance.
5. Subsections (A)(2) and (3) of this section shall not apply to regularly scheduled events at parks, such as public address systems for games and activities or park concerts; provided, that the foregoing enumeration of acts and noises not be construed as excluding other acts and noises which offend the public peace.
B. Penalties.
1. Any person violating this section shall, upon commission of the first such offense, be guilty of having committed a civil infraction, and shall be punished by a fine not to exceed $250.00.
2. Any person violating this section shall, upon conviction for a second or subsequent offense, be guilty of having committed a simple misdemeanor. [Ord. 677 § 18, 2008.]
9.20.040 Loitering.
A. Prohibition. No person shall sit or lie down upon a public street or sidewalk, or upon a blanket, chair, stool, bollard, planter, fountain, railing or any other object placed upon a public street or sidewalk in the City of Everson.
B. Exceptions. The prohibitions in subsection A of this section shall not apply to any person:
1. Sitting or lying down on a sidewalk due to a medical emergency.
2. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk.
3. Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit.
4. Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner.
5. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation.
6. Nothing in any of these exceptions shall be construed to permit any conduct which is otherwise prohibited by any chapter of the EMC.
C. No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.
D. A violation of this section shall be a civil infraction and shall subject the violator to a fine of up to $250.00, plus statutory assessment.
E. Notwithstanding and in lieu of the penalties provided under subsection D of this section, a person violating this section shall, upon conviction for a third or subsequent offense, be guilty of having committed a simple misdemeanor. [Ord. 677 § 18, 2008.]
9.20.045 Disorderly conduct.
A. A person is guilty of disorderly conduct if the person:
1. Causes, provokes or engages in any fight or brawl. Any conviction under this section may be designated a crime of “domestic violence” if facts relevant to such conviction comply with Chapter 9.50 EMC. This subsection shall not apply to duly authorized and licensed exhibitions or matches;
2. Makes, causes or allows the release of offensive odors or substances, or loud noises except those which are permitted by law, which unreasonably disturb, or which are detrimental to the health or safety of, the persons residing or working nearby, or the public.
B. The acts constituting disorderly conduct under this section are in addition to, and without limitation on, those acts constituting disorderly conduct set forth in RCW 9A.84.030, as adopted by reference under EMC 9.20.010.
C. Violation of this section is a misdemeanor. [Ord. 721 § 1, 2012.]
9.20.050 References to the Revised Code of Washington.
References to the Revised Code of Washington (RCW) incorporate, by reference, such sections of the RCW now in effect or as subsequently amended including, but not limited to, any applicable definitions section associated with such sections. In adopting State statutes by reference, only those offenses within the jurisdiction of a municipality are intended to be adopted. [Ord. 677 § 18, 2008.]