Chapter 9.24 PROHIBITED CONDUCT

Every person who expectorates upon the floor of any public conveyance, or upon the floor of any public building or upon any sidewalk is guilty of a misdemeanor. (Ord. 351 § 9, 1969)

9.24.040 Indecent exposure.

(1) A person is guilty of indecent exposure if he intentionally makes any open and obscene exposure of his person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm.

(2) Indecent exposure is a misdemeanor unless such person exposes himself to a person under the age of 14 years in which case indecent exposure is a gross misdemeanor on the first offense and, if such person has previously been convicted under this section or of a sex offense as defined in RCW 9.94A.030, then such person is guilty of a Class C felony punishable under Chapter 9A.20 RCW. (Ord. 1038, 1996; Ord. 351 § 14, 1969)

9.24.050 Keeping disorderly house.

Every person, whether as owner or as agent, employee or servant of another, who keeps, maintains, conducts or uses, or who aids, abets or assists in keeping, maintaining, conducting or using a disorderly house, a bawdy house, a house of ill-fame, or any place for the practice of prostitution, or for any lewd, obscene or indecent purpose, is guilty of a misdemeanor. (Ord. 351 § 17, 1969)

9.24.060 Keeping disorderly place.

Every keeper or person in charge of any saloon, barroom or public drinking place, or at any cigar stand, confectionery store, fruit stand, lunch counter, cafe, restaurant, motion picture house, theater, dance hall, hotel, motel or rooming house, or any other public place, who permits any breach of the peace or disturbance of public order or decorum, by noisy, riotous or disorderly conduct on the premises, when it is within the power of such person or persons to prevent the same, or who keeps any such place in a disorderly manner is guilty of a misdemeanor. (Ord. 351 § 18, 1969)

9.24.070 Loitering.

Every person who loiters or prowls in a place, at a time, or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity, is guilty of a misdemeanor.

Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, of if it appears at trial that the explanation given by the actor was true, and, if believed by the peace officer at the time, would have dispelled the alarm. (Ord. 351 § 22, 1969)

9.24.080 Vagrancy.

Every person committing the following acts is guilty of a misdemeanor:

(1) Asking or receiving any compensation, gratuity or reward for practicing fortune-telling, palmistry or clairvoyance;

(2) Keeping a place where lost or stolen property is concealed;

(3) Practicing or soliciting prostitution or keeping a house of prostitution;

(4) Common gambler found in any place where gambling is conducted or where gambling paraphernalia or devices are kept;

(5) Healthy person who solicits alms;

(6) Lewd, disorderly or dissolute person;

(7) Person who lodges in any barn, shed, shop, outhouse vessel, car, tavern or other place not kept for lodging purposes, without the permission of the owner or person entitled to the possession thereof;

(8) Person who lives or works in a house of prostitution or solicits for any prostitute or house of prostitution;

(9) Person who solicits business for an attorney around any court, jail, morgue or hospital, or elsewhere;

(10) Habitual user of opium, morphine, alkaloid-cocaine or alpha or beta eucaine, or any derivation, mixture or preparation, or any of them;

(11) Person having no visible means of support, who does not seek employment, nor work when employment is offered to him;

(12) Person, except a person enrolled as a student in or parents or guardians of such students or person employed by such school or institution, who without a lawful purpose therefor wilfully loiters about the building or buildings of any public or private school or institution of learning or the public premises adjacent thereto. (Ord. 480, 1975; Ord. 351 § 31, 1969)

9.24.090 Defraud of hotel, lodging house, or innkeeper.

Every person who obtains any food, lodging or accommodation in any hotel, motel, apartment house, restaurant, boarding house, or lodging house, without paying therefor, with intent to defraud the employer or manager thereof, or who obtains credit at a hotel, motel, apartment house, restaurant, boarding house or lodging house, by color or aid of any false pretense, representation, token or writing, or who, after obtaining board, lodging or accommodation at a hotel, motel, or lodging house, absconds or surreptitiously removes his baggage therefrom, without paying for such food, lodging, or accommodation, is guilty of a misdemeanor. (Ord. 351 § 5, 1969)

9.24.100 Unlawful assemblages.

It is unlawful for any number of persons to collect in crowds for unlawful purposes, or for any purpose to the annoyances or disturbance of citizens or travelers; and any person who is one of any such crowd or congregation, or who refuses to separate therefrom when so requested by any police officer of the city, or who wilfully attracts the attention of persons and causes them to congregate for any purpose, is guilty of a misdemeanor. (Ord. 351 § 30, 1969)

9.24.105 Failure to disperse.

(1) A person is guilty of failure to disperse if:

(A) He congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and

(B) He refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law.

(2) Failure to disperse is a misdemeanor. (Ord. 1034, 1996)

9.24.110 Minors in poolrooms – Sale of liquor, tobacco or firearms.

Every person who:

(1) Admits to or allows to remain in any tavern, or in any place owned, kept, or managed by him where intoxicating liquors are sold, given away or disposed of, except a restaurant or dining rooms, any person under the age of 21 years; or

(2) Suffers or permits any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admits or allows to remain in any reputed house of prostitution or assignation, or in any place where opium, or any preparation thereof, is smoked, or where any narcotic drug is used, any person under the age of 21 years; or

(3) Sells or gives, or permits to be sold, or given to any person under the age of 21 years any intoxicating liquors, cigar, cigarette, cigarette paper or wrapper, or tobacco in any form; or

(4) Sells, or gives, or permits to be sold or given to any person under the age of 18 years any revolver, or pistol, or rifle, is guilty of a misdemeanor.

It is no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

Any person under the age of 21 years who purchases, or has in his possession, any intoxicating liquor, cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a misdemeanor. (Ord. 351 § 24, 1969)

9.24.112 Furnishing liquor to minors.

(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this section, “premises” include real property, houses, building, and other structures, and motor vehicles and watercraft.

(2)(A) It is unlawful for any person under the age of 21 years to possess, consume, or otherwise acquire any liquor.

(B) It is unlawful for a person under the age of 21 years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, “exhibiting the effects or having consumed liquor” means that a person has the odor of liquor on his or her breath and either: (i) is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.

(3) Subsections (1) and (2)(A) of this section do not apply to liquor given or permitted to be given to a person under the age of 21 years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of 21 years on any premises licensed under Chapter 66.24 RCW.

(4) This section does not apply to liquor given for medicinal purposes to a person under the age of 21 years by a parent, guardian, physician or dentist.

(5) This section does not apply to liquor given to a person under the age of 21 years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

(6) Conviction or forfeiture of bail for a violation of this section by a person under the age of 21 years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of 21 years. (Ord. 1037, 1996)

9.24.113 Furnishing tobacco products to minors.

(1) Every person who sells or gives, or permits to be sold or given, to any person under the age of 18 years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor.

(2) It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another. (Ord. 1077, 1996)

9.24.114 Leaving children unattended in a parked automobile.

Every person having the care and custody, whether temporary or permanent, of minor children under the age of 12 years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous or malt liquors are dispensed for consumption on the premises shall be guilty of a gross misdemeanor. (Ord. 1040, 1996)

9.24.120 Public nuisance.

Every person who commits or maintains a public nuisance, for which no special punishment is prescribed; or who wilfully omits or refuses to perform any legal duty relating to the removal of such nuisance; and every person who lets or permits to be used any building or boat, or portion thereof, knowing that it is intended to be or is being used for committing or maintaining any such nuisance, is guilty of a misdemeanor. (Ord. 709, 1983)

9.24.130 Escape in the third degree.

(1) A person is guilty of escape in the third degree if he escapes from custody.

(2) Escape in the third degree is a gross misdemeanor. (Ord. 1033, 1996)

9.24.140 False reporting.

(1) A person is guilty of false reporting if, with knowledge that the information reported, conveyed or circulated is false, he initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe or emergency knowing that such false report is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm.

(2) False reporting is a gross misdemeanor. (Ord. 1035, 1996)

9.24.150 False swearing.

(1) A person is guilty of false swearing if he makes a false statement, which he knows to be false, under an oath required or authorized by law.

(2) False swearing is a gross misdemeanor. (Ord. 1036, 1996)

9.24.160 Jury tampering.

(1) A person is guilty of jury tampering if with intent to influence a juror’s vote, opinion, decision or other official action in a case, he attempts to communicate directly or indirectly with a juror other than as part of the proceedings in the trial of the case.

(2) Jury tampering is a gross misdemeanor. (Ord. 1039, 1996)

9.24.170 Criminal impersonation.

(1) A person is guilty of criminal impersonation in the first degree if the person:

(A) Assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or

(B) Pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose.

(2) Criminal impersonation in the first degree is a gross misdemeanor.

(3) A person is guilty of criminal impersonation in the second degree if the person:

(A) Claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer; and

(B) Under circumstances not amounting to criminal impersonation in the first degree, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person a law enforcement officer.

(4) Criminal impersonation in the second degree is a misdemeanor. (Ord. 1041, 1996)

9.24.180 Criminal trespass.

(1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.

(2) Criminal trespass in the first degree is a gross misdemeanor.

(3) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

(4) Criminal trespass in the second degree is a misdemeanor. (Ord. 1043, 1996; Ord. 1042, 1996)

9.24.190 Dangerous exhibitions.

Every proprietor, lessee or occupant of any place of amusement, or any plat of ground or building, who allows it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow gun or firearm of any description, at or toward any human being, is guilty of a misdemeanor punishable under Chapter 9A.20 RCW. (Ord. 1044, 1996)

9.24.200 Misconduct in signing a petition.

Every person who shall wilfully sign the name of another person or of a fictitious person, or for any consideration, gratuity or regard shall sign his own name to or withdraw his name from any referendum or other petition circulated in pursuance of any law of this state or any municipal ordinance; or in signing his name to such petition shall wilfully subscribe to any false statement concerning his age, citizenship, residence or other qualifications to sign the same; or knowing that any such petition contains any such false or wrongful signature or statement shall file the same, or put the same off with intent that it should be filed, as a true and genuine petition, shall be guilty of a misdemeanor. (Ord. 1053, 1996)

9.24.210 Rendering criminal assistance.

(1) A person is guilty of rendering criminal assistance in the second degree if he renders criminal assistance to a person who has committed or is being sought for a Class B or Class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation or community supervision.

(2) Rendering criminal assistance in the second degree is:

(A) A misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in RCW 9A.76.060;

(B) A gross misdemeanor in all other cases.

(3) A person is guilty of rendering criminal assistance in the third degree if he renders criminal assistance to a person who has committed a gross misdemeanor or misdemeanor.

(4) Rendering criminal assistance in the third degree is a misdemeanor. (Ord. 1061, 1996; Ord. 1060, 1996)

9.24.220 Fireworks.

It is unlawful to possess, use, sell, barter or trade fireworks within the city of Westport without the proper approval of the city council and the mayor of the city. For purposes of this section, “fireworks” shall be defined as set out in RCW 70.77.126. The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall govern the construction of this chapter, when applicable.

Any person violating any provision of this section shall be guilty of an infraction punishable by a fine in the amount of $250.00 for the first violation and $500.00 for the second violation in a 24-hour period. (Ord. 1650, 2021; Ord. 1386 § 1, 2006)

9.24.230 Shopping cart theft.

(1) It is unlawful to do any of the following acts, if a shopping cart has a permanently affixed sign as provided in subsection (2) of this section:

(A) To remove a shopping cart from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart; or

(B) To be in possession of any shopping cart that has been removed from the parking area of a retail establishment with the intent to deprive the owner of the shopping cart the use of the cart.

(2) This section shall apply only when a shopping cart: (A) has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; (B) notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; (C) notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is unlawful; and (D) lists a telephone number or address for returning carts removed from the premises or parking area to the owner or retailer.

(3) Any person who violates any provision of this section is guilty of a misdemeanor. (Ord. 1078, 1996)

9.24.240 Tampering with fire alarms, apparatus, equipment.

(1) Any person who wilfully and without cause tampers with, molests, injures or breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire or signal, or any fire fighting equipment, or who wilfully and without having reasonable grounds for believing a fire exists, sends, gives, transmits or sounds any false alarm of fire, by shouting in a public place or by means of any public or private 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, by a fire department or the chief of the Washington State Patrol, through the director of fire protection.

(2) Any person who wilfully and without cause tampers with, molests, injures, or breaks any public or private fire alarm apparatus, emergency phone, radio or other wire or signal, or any fire fighting equipment with the intent to commit arson, is guilty of a felony. (Ord. 1079, 1996)

9.24.250 Tampering with physical evidence.

(1) A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted and acting without legal right or authority, he:

(A) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its appearance, character, or availability in such pending or prospective official proceeding; or

(B) Knowingly presents or offers any false physical evidence.

(2) “Physical evidence” as used in this section includes any article, object, document, record or other thing of physical substance.

(3) Tampering with physical evidence is a gross misdemeanor. (Ord. 1080, 1996)

9.24.260 Telephone harassment.

Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:

(1) Using any lewd, lascivious, profane, indecent or obscene words or language, or suggesting the commission of any lewd or lascivious act; or

(2) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or

(3) Threatening to inflict injury on the person or property of the person called or any member of his or her family household;

shall be guilty of a gross misdemeanor, except that the person is guilty of a Class C felony if either of the following applies:

(A) That person has previously been convicted of any crime of harassment, as defined in RCW 9A.46.060, with the same victim or member of the victim’s family or household or any person specifically named in a no-contact or no-harassment order in this or any other state; or

(B) That person harasses another person under subjection (3) of this section by threatening to kill the person threatened or any other person; or

(4) Any person who knowingly permits any telephone under his control to be used for any purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor. (Ord. 1084, 1996; Ord. 1083, 1996)

9.24.270 Third degree theft.

(1) A person is guilty of theft in the third degree if he commits theft of property or services which does not exceed $250.00 in value.

(2) Theft in the third degree is a gross misdemeanor. (Ord. 1085, 1996)

9.24.280 Bus conduct.

(1) A person is guilty of unlawful bus conduct if while on or in a municipal transit vehicle as defined by RCW 46.04.355 or in or at a municipal transit station and with knowledge that such conduct is prohibited, he or she:

(A) Except while in or at a municipal transit station, smokes or carries a lighted or smoldering pipe, cigar or cigarette;

(B) Discards litter other than in designated receptacles;

(C) Plays any radio, record or other sound-producing equipment except that nothing in this section shall prohibit the use of such equipment when connected to earphones that limit the sound to individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle or municipal transit station;

(D) Spits or expectorates;

(E) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing in this section shall prevent a person from carrying a cigarette, cigar or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law;

(F) Intentionally obstructs or impedes the flow of municipal transit vehicles or passenger traffic, hinders or prevents access to municipal transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services;

(G) Intentionally disturbs others by engaging in loud, raucous, unruly, harmful or harassing behavior; or

(H) Destroys, defaces, or otherwise damages property of a municipality as defined in RCW 35.58.272 employed in the provision or use of public transportation services.

(2) For the purposes of this section, “municipal transit station” means all facilities, structures, lands, interest in lands, air rights over lands, and rights-of-way of all kinds that are owned, leased, held or used by a municipality as defined in RCW 35.58.272 for the purpose of providing public transportation services, including, but not limited to, park and ride lots, transit centers and tunnels, and bus shelters.

(3) Unlawful bus conduct is a misdemeanor. (Ord. 1086, 1996)

9.24.290 Vehicle prowling.

(1) A person is guilty of vehicle prowling in the second degree if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.

(2) Vehicle prowling in the second degree is a gross misdemeanor. (Ord. 1088, 1996)

9.24.300 Malicious prosecution.

Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he or she is innocent:

(1) If such crime be a felony, shall be punished by imprisonment in a state correctional facility for not more than five years; and

(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor. (Ord. 1099, 1997)

9.24.310 Defrauding public utility.

(1) A person is guilty of defrauding a public utility in the third degree if:

(A) The utility service diverted or used is $500.00 or less in value; or

(B) A connection or reconnection has occurred without authorization or consent of the utility.

(2) Defrauding a public utility in the third degree is a gross misdemeanor. (Ord. 1102, 1997)

9.24.320 Public place defined – Urinating/defecating in public place.

“Public place” includes streets and alleys, public highways or public buildings, public meeting halls, schools, playgrounds, parks, restaurants, stores, professional offices (and waiting rooms used in conjunction therewith), filling stations, and public conveyances of all kinds and any other place of like or similar nature which are open to and generally used by the public with the consent, expressed or implied, of the owner of the place or premises.

(1) A person is guilty of urinating/defecating in public if he/she urinates or defecates in a public place, other than a washroom or restroom, under circumstances where such act is or could be observed by any member of the public situated in or near a public place.

(2) Urinating and/or defecating in public is a misdemeanor. (Ord. 1294, 2003)

9.24.330 Unlawful recreational fishing.

(1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:

(A) The person does not have and possess the license or the catch record card required by Chapter 77.32 RCW for such activity; or

(B) The action violates any rule of the commission (as defined in RCW 77.08.010(3)) or the director (as defined in RCW 77.08.010(1)) regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in RCW 77.15.580.

(2) Unlawful recreational fishing in the second degree is a misdemeanor. (Ord. 1305, 2003)