Chapter 9A.240
MISCELLANEOUS CRIMES
Sections:
9A.240.040 Giving false information to police officer.
9A.240.060 Obstructing a public servant.
9A.240.070 Urinating in public.
9A.240.005 Hotel offense.
The section of this chapter is hereby adopted in table form in which each row of the table represents a separate section in which the OHMC section number is listed in the first column, the title of the adopted OHMC section and the RCW is listed in the second column and the reference to the RCW section number is listed in the third column. Copies of the adopted code section of this chapter is on file in the city clerk’s office. Each of the referenced provisions of the RCW in this table, as now in effect or as hereafter amended, is hereby adopted by reference as if fully set out herein to be a part of the Oak Harbor Municipal Code as miscellaneous crimes:
|
OHMC Section |
Title |
RCW Section (Source of Adopted Law) |
|---|---|---|
|
Obtaining hotel by fraud |
(Ord. 1427 § 34, 2005).
9A.240.020 Definitions.
(1) “Lewd act” means:
(a) Touching, caressing or fondling the genitals;
(b) Exposure of one’s own erect penis;
(c) Masturbation; or
(d) Sexual intercourse.
(2) “Members of the public” mean any person on a street, alley, highway, sidewalk or in a public park. It would also include a person in his or her own home looking out a window of that home.
(3) “Public place” means a street, alley, highway, sidewalk, public restroom, public park or other way open to the public; provided “public place” shall not include the area inside a camper or trailer lawfully parked when the activities carried on in such vehicle are not perceptible to a member of the public. (Ord. 1427 § 35, 2005).
9A.240.030 Fighting.
(1) It is unlawful for any person to intentionally fight with another person in a public place and thereby create a substantial risk of:
(a) Injury to a person who is not actively participating in the fight; or
(b) Damage to the property of a person who is not actively participating in the fight.
(2) In any prosecution under subsection (1) of this section, it is an affirmative defense that:
(a) The fight was duly licensed or authorized by law; or
(b) The person was acting in self-defense.
(3) As used in this section, “public place” means an area open to the general public and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food and drink or provide entertainment, the doorways and entrances to buildings or dwellings, and the grounds enclosing them.
(4) A violation of this section is a misdemeanor. (Ord. 1427 § 36, 2005).
9A.240.040 Giving false information to police officer.
(1) It is unlawful for any person to willfully make an untrue, misleading or exaggerated statement to a police officer.
(2) A violation of this section is a misdemeanor. (Ord. 1427 § 37, 2005).
9A.240.050 Lewd act.
(1) No person shall intentionally perform any lewd act:
(a) In a public place; or
(b) In any place under such circumstances as to make it difficult for an unwilling member of the public to avoid seeing the lewd conduct.
(2) A violation of this section is a misdemeanor. (Ord. 1427 § 38, 2005).
9A.240.060 Obstructing a public servant.
(1) It is unlawful for any person to hinder, obstruct or delay a public servant in the discharge of his or her official powers or duties.
(2) A violation of this section is a misdemeanor. (Ord. 1427 § 39, 2005).
9A.240.070 Urinating in public.
(1) It is unlawful for any person to urinate or defecate in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.
(2) A violation of this section is a misdemeanor. (Ord. 1427 § 40, 2005).