Chapter 9.01
STATE CRIMINAL STATUTES ADOPTED
Sections:
9.01.030 Obstructing police dogs.
9.01.060 Definition—Delinquent child—Contribution to delinquency of child—Penalty.
9.01.070 Designated devices deemed unlawful.
9.01.100 Unlawful acts—Firing or discharging certain weapons.
9.01.110 Urinating in public prohibited.
9.01.120 Prohibition of entry upon or in public facilities.
9.01.030 Obstructing police dogs.
A. Police dogs are dogs specially trained for use in law enforcement which are used by police officers in the performance of their functions and duties.
B. A person is guilty of obstructing a police dog if the person wilfully hinders, delays, injures, or obstructs any police dog from following any lawful command of a police officer. This crime shall be a lesser included offense to RCW 9A.76.200, Harming a police or accelerant detection dog. (Ord. 2382 § 6, 2003).
9.01.060 Definition—Delinquent child—Contribution to delinquency of child—Penalty.
A. “Delinquent child” means any person under the age of eighteen years of age who violated any ordinance of this city, or who has violated any law of this state, or who has violated any ordinance of any town, city or county of this state defining a crime or who has violated any federal law or law of another state defining a crime.
B. In all cases where any child is delinquent, as defined in subsection A of this section, the parent or parents, legal guardian, or person having custody of such child, or any other person who, by any act or omission, encourages, causes, or contributes to the delinquency of such child is guilty of a misdemeanor. (Ord. 2382 § 22, 2003: Ord. 917 § 2(c) (part), 1974; Ord. 748 §§ 1, 2, 1967. Formerly 9.80.010 and 9.80.020).
9.01.070 Designated devices deemed unlawful.
Any person who shall within the corporate limits of the city carry an air or gas or any other compression gun, rifle or pistol, containing or loaded with BB’s or pellets or any other load which may be discharged therefrom whether or not cocked or pumped, shall be guilty of a misdemeanor. (Ord. 2382 § 23, 2003: Ord. 663 § 1, 1963. Formerly 9.84.020).
9.01.100 Unlawful acts—Firing or discharging certain weapons.
Any person who, within the corporate limits of the city of Prosser, loads or discharges or fires any air or gas or other compression gun, rifle or pistol is guilty of a misdemeanor. (Ord. 2382 § 26, 2003: Ord. 663 § 2, 1963. Formerly 9.88.010).
9.01.110 Urinating in public prohibited.
Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be subject to a civil fine not to exceed two hundred fifty dollars for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. (Ord. 2819 § 5, 2013: Ord. 2382 § 27, 2003).
9.01.120 Prohibition of entry upon or in public facilities.
A. Policy. The city council finds that, from time to time, the right of the general public to enjoy public facilities provided by the city is infringed upon by persons who commit civil infractions or engage in criminal conduct at the public facilities or who possess and consume alcohol at the public facilities in violation of state or local law. The city council further finds that persons have the right to enter or remain in a public facility, but such right of the person who commits civil infractions or who engages in criminal activity at a public facility is outweighed by the right of law-abiding persons to use such facilities without the interference or fear of the illegal activity of others.
B. Written Order.
1. Issuance of Written Order by Police Officer. Whenever a police officer has probable cause to believe that a person has committed any act set forth in subsection D of this section on any public facility, then the police officer has authority to issue the person a written order prohibiting that person from entering or remaining in the public facility where the act was alleged to be committed. If the public facility is a city park, the police officer shall have the authority to issue a written order prohibiting that person from entering or remaining in all city parks. If the person has not had a previous written order issued to him or her in the previous three hundred sixty-four days, when a police officer issues a written order, the order shall remain effective for forty-five calendar days from the date of issuance. In the event that the person has had a previous written order issued to him or her in the previous three hundred sixty-four days, then when a police officer issues a written order, the order shall remain effective for three hundred sixty-four calendar days from the date of issuance.
2. Issuance of Written Order by Court. Whenever a criminal charge has been filed in a court of competent jurisdiction against a person wherein it is alleged that the criminal conduct occurred at a public facility, the judge, commissioner, or judge pro tempore of the court shall have the authority to issue a written order either while the criminal matter is pending or, if the person was convicted of a criminal charge, as a part of the person’s sentencing conditions prohibiting that person from entering or remaining in the public facility where the act was alleged to be committed. When a judge, commissioner, or judge pro tempore issues a written order, the effective date and expiration date shall be set by such judge, commissioner or judge pro tempore; provided, that the expiration date on such order shall not extend beyond the date which the court has jurisdiction over the person.
3. Contents of Written Order. The written order shall contain:
a. The name of the person the written order is being issued to;
b. The name of the person issuing the written order;
c. The public facility that the person is being prohibited from entering or remaining in;
d. The date the written order is issued;
e. The date the written order expires;
f. Specification of the alleged misconduct;
g. Specification that a violation of the written order is a misdemeanor; and
h. Specification regarding the appeal process available to have the written order reviewed.
C. Violation of Written Order. A person who violates a written order issued pursuant to this section shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
D. Misconduct to Support Written Order. An act which may result in the issuance of a written order prohibiting a person from entering a public facility includes, but is not limited to, any of the following when committed at the public facility:
1. Any act that qualifies as a felony, gross misdemeanor or misdemeanor crime by state law or as stated in the Prosser Municipal Code; and
2. Any act that qualifies as a civil infraction under state law or as stated in the Prosser Municipal Code.
E. Hearing.
1. Request for a Hearing. If the written order was issued by a police officer, the person prohibited from entering or remaining in the public facility may request a hearing to have the issuance of the order reviewed. Such request shall be in writing and contain a return address that will enable the city to provide such person written notice of hearing dates. The written request for a hearing must be filed with the office of the city clerk prior to the expiration date of the written order. If a request for a hearing is not timely received by the city clerk, then the right to a hearing will be waived.
2. Hearing Date. The city clerk shall set a hearing to be held within fourteen calendar days of the date such request for hearing is received by the city clerk. For good cause, the city clerk may set the hearing to a date beyond the fourteen days listed herein.
3. Burden. At the hearing, the city must establish by a preponderance of the evidence that probable cause existed to believe that the person committed any act set forth in subsection D of this section. If all parties agree, in writing, proof of probable cause may be established based upon the sworn declarations and rebuttal declarations submitted by each of the parties. Otherwise, probable cause shall be established by the testimony of witnesses or the presentation of other evidence.
4. Regulation of Hearing.
a. The city administrator shall regulate the course of the hearing.
b. The city administrator shall not be a witness at the hearing.
c. Either a recording or a verbatim record of the hearing shall be made. Upon request, a copy of the recording or verbatim record shall be provided to the person.
d. The city administrator shall issue a written decision setting forth findings of fact, conclusions of law, and an order affirming, vacating, or modifying the police officer’s issuance of the written order and deliver such decision to the city clerk within ten calendar days after the conclusion of the hearing.
e. The city clerk shall provide the written decision to the person against whom the written order was issued, or his or her legal counsel, within ten calendar days after the conclusion of the hearing.
f. The written decision shall be personally served or provided by certified mail, return receipt requested. If service is done by mail, service shall be deemed complete upon the third business day after the date of mailing.
g. Appeal. An appeal of the written decision issued by the city administrator may be filed with the Benton County superior court within thirty calendar days from the date of service of the written decision, or is thereafter barred. Any appeal shall be based on the record from the hearing and shall be upheld unless it is determined that the written decision was arbitrary and capricious. Any appeal shall be conducted pursuant to judicial review under the Administrative Procedure Act as set forth in RCW 34.05.534 through 34.05.574, as now or hereafter amended.
F. Definitions. For the purposes of this section:
1. “City administrator” means the Prosser city administrator, or his or her designee.
2. “City clerk” means the city of Prosser city clerk.
3. “Police officer” means a duly appointed city law enforcement officer.
4. “Public facility” consists of the land, buildings, and structures of any property owned by the city of Prosser, and any publicly owned park.
5. “Written order” means the order prohibiting that person from entering or remaining in a public facility as issued in subsection B of this section. (Ord. 2829 § 1, 2013).
9.01.990 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2382 § 30, 2003).