Chapter 9.17 PENAL CODE

This chapter shall be referred to and known as the “Walla Walla Penal Code” and reference to the city herein means the city of Walla Walla. (Ord. 94-34 § 1(part), 1994).

9.17.020 Interpretation of words and phrases.

Unless the context thereof indicates to the contrary, words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter gender; and words and phrases used herein in the singular or plural shall include the singular and plural. (Ord. 94-34 § 1(part), 1994).

9.17.030 Principal defined.

Every person concerned in the commission of a gross misdemeanor, misdemeanor or infraction in violation of any city ordinance, whether he directly commits the act constituting the offense or aids or abets in its commission, and whether present or absent; and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a gross misdemeanor, misdemeanor or infraction, is a principal and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him. (Ord. 94-34 § 1(part), 1994).

9.17.040 Attempted crime.

Any act done with intent to commit a crime or an infraction, intending but failing to accomplish it, is an attempt to commit that crime or infraction, and every person who is convicted of attempting to commit a crime or an infraction unless prescribed by ordinance, shall be punished in the same manner as if that crime or infraction had been accomplished. (Ord. 94-34 § 1(part), 1994).

9.17.050 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 94-34 § 1(part), 1994).

9.17.060 Injuring or tampering with fire alarm apparatus or equipment or firefighting equipment – Sounding false alarm of fire – Penalty.

Any person who wilfully and without cause tampers with, molests, injures or breaks any public or private firm alarm apparatus, emergency phone or radio, or other wire or signal, or any firefighting equipment, or who wilfully and without having reasonable grounds for believing a fire exists, sends, gives, transmits or sounds any false alarm of a fire, by shouting in a public place or by means of any public or fire alarm system or signal, or by telephone, is guilty of a misdemeanor. This provision shall not prohibit the testing of fire alarm systems by persons authorized to do so, or by the fire department. (Ord. 94-34 § 1(part), 1994).

9.17.070 Unauthorized riding on fire department equipment prohibited – Penalty.

It is unlawful for anyone other than an active fireman of the city, except for those individuals otherwise specifically authorized by the fire chief, to get upon or ride upon any of the engines, vehicles or other apparatus of the fire department. Anyone violating any of the provisions of this section shall be deemed guilty of a misdemeanor. (Ord. 94-34 § 1(part), 1994).

9.17.080 Fire, burglary and/or robbery alarms – Telephone numbers of persons authorized to turn off alarms required.

It shall constitute an infraction to have or maintain on any premises an audible type fire, burglary and/or robbery alarm unless there is posted at the main entrance to such premises a prominent notice of the telephone numbers at which the person or persons authorized to enter such premises and turn off such alarm can be reached at all times, and it shall constitute an infraction for any such person to fail to appear and turn off any such alarm within one-half hour after being notified by the emergency dispatch center to do so. (Ord. 94-34 § 1(part), 1994).

9.17.090 False alarms – Fees for police or fire response.

A. For the purpose of this section, the term “false alarm” shall mean the activation of a fire, burglary and/or robbery alarm by other than a fire or other situation which would activate a fire alarm, forced entry or attempted forced entry to the premises and at a time when no fire or other situation which should activate a fire alarm, burglary or robbery is occurring, being committed or attempted on the premises.

B. For a fire department or police department response to a nonvalid alarm, the city shall charge and collect from the party having or maintaining such facility owned or occupied by him, fees as follows:

1. For a response to a premises from which an invalid alarm has not occurred within a preceding six-month period, hereinafter referred to as the first response, no fee shall be charged. The person having or maintaining such alarm system shall, within three working days after notice to do so, make a written report to the fire department for a fire alarm or to the police department for burglary and/or robbery alarm setting forth the cause of such an alarm, the corrective action taken, whether the alarm has been inspected by an authorized service man, and such other information as the fire chief or police chief may reasonably require to determine the cause of such false alarm and corrective action necessary.

2. For a second response to a premises within six months after a first response, no fee shall be charged, but a written report shall be required as for a first response and the fire chief or police chief shall be authorized and may cause to be inspected the alarm system at such premises, prescribe necessary action and give notice to the person having or maintaining such alarm system of the conditions and requirements of this section.

3. For a third response to a premises within six months after a second response, and for all succeeding responses within six months of the last response, a fee of twenty-five dollars shall be charged. The fire chief or police chief may order the disconnection of the alarm system for continuing responses to false alarms, and it shall be unlawful to reconnect such alarm system until such corrective action is taken; provided, that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation.

4. Such notice of discontinuation shall be made in writing to the person, entity, firm or corporation that is responsible for the building in which the alarm system is installed, at least forty-eight hours prior to the disconnection of the alarm circuit. In the event of an emergency in which the alarm or transmitting equipment is causing interference or is hindering the reception of alarms from other facilities, then the fire or police chief may order the system disconnected immediately for all alarms.

5. Outside monitoring, burglary, robbery and fire alarms installed in any privately owned property, business firm or corporation, which are monitored by any entity other than the emergency dispatch center, are subject to the same false alarm penalties set forth in subsection B of this section. (Ord. 94-34 § 1(part), 1994).

9.17.100 Subscriber eligibility.

Any privately owned property, business firm or corporation that complies with the requirements of this chapter may locate their monitoring equipment for their fire, burglary and/or robbery alarm system in the city of Walla Walla emergency dispatch center upon the city’s approval. (Ord. 94-34 § 1(part), 1994).

9.17.110 Indemnity agreement.

Any person, firm or corporation desiring to connect their alarm system to the city of Walla Walla emergency dispatch center shall sign a hold harmless agreement holding the city and all of its officers, employees and agents harmless from liability involving the failure of any agent, circuit or equipment. (Ord. 94-34 § 1(part), 1994).

9.17.120 Types of alarms.

Manual fire alarms, automatic detection, water flow alarms, and burglary and/or robbery alarms, may be connected to the alarm receiving equipment at the emergency dispatch center. The local fire alarm systems must be approved by the Walla Walla fire department for connection to the emergency dispatch center. The local burglar alarms must be approved by the Walla Walla police department before connection to the emergency dispatch center. All alarm components must be approved by a testing laboratory for their intended use. (Ord. 94-34 § 1(part), 1994).

9.17.130 Physical connection.

Local alarms transmitted to the emergency dispatch center by a radio transmitter must be compatible with the radio alarm receiver installed at the emergency dispatch center. This equipment is to be KIDDE Douglas Randall Transmitter or equivalent. The intertie of all alarm systems to the radio transmitter shall be done by a city-approved installer. Nothing in this section is intended to interfere with those persons or entities presently, or in the future, using the American District Telegraph System installed at the emergency dispatch center. (Ord. 94-34 § 1(part), 1994).

9.17.140 User fee.

The subscriber shall pay a monthly fee to a city-approved installer for the installation and maintenance of equipment at central dispatch and for the testing and servicing of the radio alarm transmitter, which testing is to occur every two months. The installation fee shall be ten dollars and the monitoring fee shall be five dollars per month. American District Telegraph connection charges will be between the American District Telegraph Company and the subscriber. (Ord. 94-34 § 1(part), 1994).

9.17.150 Acceptance test.

Before the final connection is made, the local alarm shall be subject to an acceptance test, and written description of the system and written request for connection of the system to the emergency dispatch center must be submitted to the chief of police or fire chief, and the acceptance test must be witnessed by the Walla Walla fire department for fire alarms or by the Walla Walla police department for burglar alarms. (Ord. 94-34 § 1(part), 1994).

9.17.160 Maintenance contract.

Maintenance and testing of the fire alarm and interface equipment shall be made once every two months. A contract with a fire alarm company will be required. Subscribers that do not have a maintenance contract agreement will be disconnected from the municipal system. This service shall be performed by a person, firm, corporation or other entity that is properly trained and qualified for such work as approved by the Walla Walla fire department for fire alarms or by the Walla Walla police department for burglar alarms. Records of tests shall be maintained on site and be readily available for inspection by the city. Persons installing or providing quarterly servicing and testing shall hold the Washington State low voltage specialty electrical contractor’s license or shall have a general electrical contractor’s license. (Ord. 94-34 § 1(part), 1994).

9.17.170 Monitoring alarms outside the city.

The emergency dispatch center may monitor alarms outside the corporate city limits of Walla Walla. The subscriber shall be charged an annual fee of sixty dollars per year for the dispatchers to provide the monitoring and dispatching service. This amount shall be paid to the city of Walla Walla. (Ord. 94-34 § 1(part), 1994).

9.17.180 Unlawful acts on park property.

No person in a park shall:

A. Wilfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal;

B. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area;

C. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal or bird; nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest or young of any bird;

D. Give or offer, or attempt to give to any animal or bird any known noxious substance;

E. Throw, discharge, or otherwise place or cause to be placed in the waters of any foundation, pond, lake, stream or other body of water in or adjacent to any park or tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters;

F. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any part, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed elsewhere;

G. Ride a horse except on the roadways or areas specifically designated and marked for use by horseback riding. Horses shall be restrained and ridden with due care. They shall not be allowed to go unattended, nor shall they be hitched to any rock, tree or shrub;

H. Wash, polish, overhaul or repair any motor vehicles;

I. Play golf or to hit the golf balls in any public park within the city, except in such locations or areas therein which have been specifically authorized by order of the city council as locations wherein such activities are permitted;

J. Open or possess an open package containing alcohol or consume alcohol except as provided in Chapter 9.07;

K. Unreasonably disturb others by knowingly engaging in loud or raucous behavior;

L. With intent to harass, intimidate, or torment any other person, use any lewd, lascivious, indecent or obscene words or language, or suggest the commission of any lewd or lascivious act; or

M. Knowingly enter or remain in a city park during closure times established by Section 9.17.185. (Ord. 2015-13 § 7, 2015: Ord. 94-34 § 1(part), 1994).

9.17.185 Park closing hours.

Walla Walla city parks shall close at eleven p.m. and reopen at five a.m. daily, local time. This section does not apply to events and activities scheduled or approved by the Walla Walla city parks department. (Ord. 2015-13 § 8, 2015: Ord. 97-11 § 1, 1997).

9.17.200 Traffic regulations.

No person in a park shall:

A. Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this and other chapters;

B. Fail to obey all traffic officers and park employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director;

C. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safeguard life and property;

D. Ride or drive a vehicle at a rate of speed exceeding fifteen miles per hour;

E. Drive any vehicle on any area except the paved park roads and parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the director. (Ord. 94-34 § 1(part), 1994).

9.17.220 Golf activities prohibited where.

It is unlawful to play golf or to hit the golf balls in any public park within the city, except in such locations or areas therein which have been specifically authorized by order of the city council as locations wherein such activities are permitted. (Ord. 94-34 § 1(part), 1994).

9.17.230 Loud speakers – Use restrictions.

It is unlawful for any person or corporation to use or authorize the use of any loud speaker, including loud speakers in an automobile, public announcing equipment, or other electrical or mechanical device for magnifying sound outdoors within the limits of the city at any time except as specifically authorized by the city manager or his designee. (Ord. 94-34 § 1(part), 1994).

9.17.240 Access to Mill Creek channel – Restricted.

A. Except for maintenance and public safety personnel, no person may intentionally enter upon or remain within the concrete sided channel of Mill Creek at any point between the concrete channel’s beginning, approximately two hundred feet east of Roosevelt Street, to the concrete channel’s termination, approximately two hundred feet west of Mullan Street, for any purpose whatsoever unless specifically authorized by the Walla Walla city manager or his designee.

B. No person may intentionally swim, dive or float, with or without a boat, raft, craft or other flotation device in or upon the water of Mill Creek at any point within the same area designated in subsection A of this section. (Ord. 94-34 § 1(part), 1994).

9.17.250 Violation of Sections 9.17.180 through 9.17.240 – Penalty.

Any person violating any of the provisions of Sections 9.17.180 through 9.17.240 shall be guilty of a misdemeanor and, upon conviction, shall be punished in accord with the provisions of Section 1.24.010 of this code. (Ord. 94-34 § 1(part), 1994).

9.17.260 Trees – Climbing and other injurious acts prohibited.

No person shall break, peel, cut, deface (by posting bills of any description or otherwise), injure or destroy any of the trees growing, or which shall hereafter be planted, in any street or public place within the city. (Ord. 94-34 § 1(part), 1994).

9.17.270 Water inconveniencing public ways prohibited.

No person shall wilfully suffer any spout to cast water upon any sidewalk, street or alley to the injury or inconvenience of passengers or to the damage of the street. (Ord. 94-34 § 1(part), 1994).

9.17.280 Mountain View Cemetery – Injuring or removing vegetation prohibited.

No person shall cut, slip, pick, break, or remove from any lot, grave or enclosure within the limits of Mountain View Cemetery any flower, vine, plant, shrub or bush, or tree or any part thereof. (Ord. 94-34 § 1(part), 1994).

9.17.290 Mountain View Cemetery – Exception to Section 9.17.280.

The provisions of Section 9.17.280 do not apply to the removal of any of the above-described articles by the cemetery supervisor or when done under his/her direction or authority for the improvement or benefit of the grounds. (Ord. 94-34 § 1(part), 1994).

9.17.300 Public areas and buildings – Destructive acts and obstructions prohibited.

No person shall cut, remove or deface or in any manner injure, any fence, gate or enclosure placed around any public square, or break into, injure or unlawfully occupy any building belonging to or under the control of the city, or unlawfully place or cause to be placed upon such public square or other public property any unauthorized merchandise, debris or other article or thing. (Ord. 94-34 § 1(part), 1994).

9.17.305 Graffiti prohibited.

No person shall knowingly create or place graffiti on the property of another. For purposes of this section “graffiti” means unauthorized markings, visible from premises open to the public, that have been created or placed upon any property through use of paint, ink, chalk, dye or any other substance capable of marking property. (Ord. 99-9 § 1, 1999).

9.17.310 Survey monuments or corner posts – Defacing or removing prohibited when.

No person shall dig up, remove or deface any survey monument or corner post or stake, now or hereafter planted or established by the city engineer, or by his authority, within the limits of the city. (Ord. 94-34 § 1(part), 1994).

9.17.320 Violation of Sections 9.17.260 through 9.17.310 – Penalty.

Any person violating any of the provisions of Sections 9.17.260 through 9.17.310 shall be guilty of a misdemeanor and, upon conviction, shall be punished in accord with the provisions of Section 1.24.010 of this code, and shall be further liable in a civil action for the expense of repairing, replacing or reestablishing any such damaged property. (Ord. 94-34 § 1(part), 1994).

9.17.330 Urinating or defecating in public.

A. A person is guilty of urinating in public if he or she knowingly urinates in a public place, other than an appropriate plumbing fixture in a restroom or toilet room, under circumstances where such act could be observed by any member of the public.

B. A person is guilty of defecating in public if he or she knowingly defecates in a public place, other than an appropriate plumbing fixture in a restroom or toilet room, under circumstances where such act could be observed by any member of the public.

C. “Public place” as used in this section means an area generally visible to public view, 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 or drink or provide entertainment, and the doorways and entrances to those buildings or dwellings and the grounds enclosing them.

D. Except as provided in subsection E of this section, any person who violates this section shall be guilty of an infraction.

E. Any person who violates this section and previously has either violated this section or has failed to appear as directed when served with a notice of infraction or a citation and notice to appear for a violation of this section is guilty of a misdemeanor. (Ord. 2015-13 § 9, 2015).

9.17.400 Park exclusion.

A. In addition to all other penalties provided by law, superior and district courts may exclude persons convicted of the following enumerated offenses from knowingly entering or remaining in a public park or public parks of the city if the offense was committed in a park:

1. Any felony;

2. Any gross misdemeanor; or

3. Any violation of Section 9.17.180.

B. An exclusion notice issued in accordance with this section may remain in effect during the period in which the convicted person is on probation or subject to sentencing conditions.

C. It is a condition for access to the premises of public parks of the city that a person is not subject to an exclusion notice issued in accordance with this section. (Ord. 2015-13 § 10, 2015).

9.17.515 Sitting or lying down on public streets, sidewalks, etc., in certain area(s).

A. Prohibition against Sitting or Lying Down. No person shall sit or lie down upon a public street, sidewalk, parking lot, planting strip, street median, parkway, trail, or other right-of-way, or upon a blanket, chair, stool, or any other object placed upon a public street, sidewalk, parking lot, planting strip, street median, parkway, trail, or other right-of-way in the following described area(s):

1. Commencing at the northeasterly intersection of the right-of-way lines of Rees Avenue and 13th Avenue, proceeding westerly along the northerly right-of-way line of Rees Avenue to the northwesterly intersection of the right-of-way lines of Rees Avenue and 15th Avenue, then proceeding southerly along the westerly right-of-way line of 15th Avenue to the southwesterly intersection of the right-of-way lines of 15th Avenue and Moore Street, then proceeding easterly along the southerly right-of-way line of Moore Street to the southeasterly intersection of the right-of-way lines of Moore Street and 13th Avenue, then proceeding northerly along the easterly right-of-way line of 13th Avenue to the point of beginning; plus

2. Rees Avenue between 15th Avenue and the westerly city limits, and all adjacent sidewalks, planting strips, and rights-of-way; plus

3. 13th Avenue between Carrie Avenue and Dell Avenue, and all adjacent sidewalks, planting strips, and rights-of-way; plus

4. The intersections of Carrie Avenue and 13th Avenue, Dell Avenue and 13th Avenue, and the sidewalks, planting strips, and rights-of-way adjacent to those intersections.

B. Exceptions. The prohibition in subsection A of this section shall not apply to any person:

1. Sitting or lying down on a public 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, while using that wheelchair, walker, or similar device;

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 for public use 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. Sitting or lying down inside a camping area designated in accordance with Section 9.18.050 or 9.18.060.

Nothing in any of these exceptions shall be construed to permit any conduct which constitutes disorderly conduct under RCW 9A.84.030.

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. Violation of this section shall be a misdemeanor under Section 1.24.010. (Ord. 2019-04 § 7, 2019).