Chapter 9.24
OFFENSES AGAINST PUBLIC ORDER
Sections:
9.24.040 Disruption of school activities.
9.24.050 Public disturbance noises – Nuisances.
9.24.060 Aggressively begging.
9.24.070 Unlawful bus conduct.
9.24.010 Offenses in public.
(1) It is unlawful for a person in a public place to:
(a) Refuse to pay the proper fare in a public conveyance; or
(b) Expectorate upon the floor, walls, or furniture of any public conveyance or public building.
(2) Violation of this section is a misdemeanor. (Ord. 1724 § 12, 1998).
9.24.020 Disorderly conduct.
The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.84.030. (Ord. 1724 § 12, 1998).
9.24.030 Failure to disperse.
The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.84.020. (Ord. 1724 § 12, 1998).
9.24.040 Disruption of school activities.
(1) A person is guilty of disruption of school activities if they come into or remain in any school building, classroom, or upon any school ground, street, sidewalk or public way adjacent thereto, without lawful reason, and intentionally cause undue disruption of the activities of the school.
(2) Disruption of school activities is a misdemeanor. (Ord. 017-23 § 1 (Exh. A); Ord. 1724 § 12, 1998).
9.24.050 Public disturbance noises – Nuisances.
(1) It is unlawful for any person to cause, or for any person in possession of property to allow to originate from that property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises and constitutes a nuisance to the public:
(a) The frequent, repetitive or continuous sounding of a horn or siren attached to a motor vehicle, except as provided in subsections (2) and (3) of this section; or
(b) The creation of 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 residential district so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; or
(c) The operation of any mechanically powered saw, drill, grinder, blower, fan, garden tool, or similar device, except as provided in subsection (3) of this section; or
(d) The starting, operation or testing of construction equipment, such as but not limited to backhoes, excavators, chain saws, and bulldozers, except as provided in subsection (3) of this section; or
(e) Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 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; or
(f) Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with peace, comfort and repose of property owners or possessors, except that such noise shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops, veterinary clinics, and police service dogs; or
(g) The creation of frequent, repetitive, or continuous sounds which emanate from any building, structure, apartment or condominium which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings, particularly after the hours of 11:00 p.m. and before 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; unless so authorized by a special permit issued by the city of Port Orchard; or
(h) Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume as to be audible greater than 50 feet from the vehicle itself; or
(i) Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume as to be audible greater than 50 feet from the source.
(2) The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises, which offend the public peace.
Noises exempt – at all times:
(a) Noise created by fire alarms being used as such;
(b) Noise caused by the emergency repair or routine maintenance of any public facility, utility, or street;
(c) Noise created by emergency equipment and vehicles necessary for law enforcement or for the health, safety and welfare of the community, when used for these purposes;
(d) Noise created by lawn care or similar equipment used at any recognized golf course facility for the preparation of the course for play, where such preparation cannot reasonably be done during daytime hours;
(e) Noise created by organized sporting events held at any city-owned park;
(f) Noise created by warning devices, provided the devices do not operate continuously for more than five minutes per incident;
(g) Noise created by safety and protective devices, where noise suppression would defeat the safety purpose of the device;
(h) Noise created by the legal discharge of fireworks as provided in POMC 5.60.050;
(i) Noise created by the normal operation, on public highways, of motor vehicles. Vehicles operated in violation of Chapter 46.37 RCW or POMC 10.84.040 shall be prosecuted in accordance with the provisions of that chapter or ordinance.
(3) Noises Exempt – Daytime Hours. The following noises shall be exempt from the provisions of this chapter during the hours of 7:00 a.m. to 9:00 p.m., Monday through Friday, and 8:00 a.m. to 9:00 p.m. on Saturday, Sunday, New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, and Christmas:
(a) Noise created by the discharge of firearms on city police department authorized shooting ranges, unless other hours, outside of those defined in this section, are specifically approved by the police chief on a temporary basis;
(b) The starting, operation or testing of construction equipment, unless other hours, outside of those defined in this section, are specifically approved by the city of Port Orchard public works department;
(c) Noise created by powered equipment used in temporary or periodic maintenance or repair of property, including but not limited to grounds and appurtenances, such as lawnmowers, powered hand tools, and composters.
(4) Bells, Chimes or Carillons.
(a) The operation of bells, chimes or carillons shall be exempt from the provisions of this chapter, during the following hours, except no time limit shall be imposed during holiday seasons:
|
Time of Year |
Monday through Friday |
Saturday and Sunday |
|
Day after Labor Day to May 1st |
8:00 a.m. – 8:00 p.m. |
9:00 a.m. – 8:00 p.m. |
|
May 2nd to Labor Day |
8:00 a.m. – 9:00 p.m. |
9:00 a.m. – 9:00 p.m. |
(b) Bells, chimes, or carillons shall not operate for more than 10 minutes in any one hour, except during holiday seasons or when approved by the city council for community events or special activities.
(5) Enforcement. The police chief of the Port Orchard police department and all duly appointed and commissioned police officers are authorized and directed to administer and enforce the provisions of this chapter.
(6) Penalty. Public disturbance noises is a civil infraction punishable by a $250.00 fine. (Ord. 017-23 § 7 (Exh. A); Ord. 1937 § 2, 2004; Ord. 1724 § 12, 1998).
9.24.060 Aggressively begging.
(1) It is unlawful for a person in a public place to aggressively beg.
(2) The following definitions apply to this section:
(a) “Aggressively beg” means to beg with the intent to intimidate another person into giving money or goods.
(b) “Intimidate” means to engage in threatening conduct which would make a reasonable person fearful of harm to their person or property.
(c) “Beg” means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means.
(d) “Public place” means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(3) Aggressively begging is a misdemeanor, punishable by a fine not to exceed $500.00 or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment. (Ord. 017-23 § 1 (Exh. A); Ord. 1890 § 16, 2003; Ord. 1724 § 2, 1998).
9.24.070 Unlawful bus conduct.
RCW 9.91.025, and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein. (Ord. 1752 § 1, 1999).
9.24.080 Fighting in public.
(1) It is unlawful for any person to intentionally fight with another person in a public place or to incite or encourage others to fight in a public place.
(2) “Fight” means:
(a) A verbal altercation which tends to incite an immediate breach of the peace; and/or
(b) A breach of the peace whether or not it is preceded by a verbal altercation.
(3) “Verbal altercation” means an angry argument, quarrel, or disagreement that is reasonably likely to provoke a belligerent response.
(4) “Breach of the peace” means a physical altercation, battle, fray, combat, clash, skirmish, punch, tussle, scuffle, shoving match, exchange of blows, physical struggle for supremacy, brawl, fracas, donnybrook, ruckus, and/or melee.
(5) “Public place,” as used in this section, shall have the same meaning as defined in POMC 9.20.010(6).
(6) In any prosecution under subsection (1) of this section, it is an affirmative defense that the fight was duly licensed or authorized by law. The burden of proving the affirmative defense that the fight was duly licensed or authorized by law is upon the person claiming the affirmative defense by establishing the affirmative defense by a preponderance of the evidence.
(7) Fighting in public is a gross misdemeanor. (Ord. 036-07 § 2).