HomeMy WebLinkAbout1994-022 Public safety and morals • ORDINANCE NO. 94- 22
AN ORDINANCE relating to public safety and morals, amending Title 6 Public
Safety and Morals to conform with state laws, amending Sections
6 02 050, 6.04.020, 6.04 027, 6.04 070, 6.04 110, 6.04 115, 6.04 140,
6.04 170, 6 04 185, 6.04 230, 6 04.235, 6.04 245, 6 04 307, 6 04 315,
6 04.387, 6 04 450, 6 04 480, 6 20 180, 6.48 010, 6 86 110; adding
Sections 6 02 060, 6 04.021, 6 20 010, 6.20 120, 6.36 030, 6 60 040,
6 68 020, and 6 76 030, and adding Subsection (c) to Section
6 04 040, Subsection H to Section 6 04 180, Subsection D to Section
6 04 370, Subsection D to Section 6 04 540, and Subsection D to
Section 6 08 020; and repealing Sections 6 04 425 and 6.04 575, and
repealing Chapter 6 14, Sections 6 14 010 and 6.14 020, all of the
City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 6 02 050 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.02.050 Violation -- Penalty.
A,. It is unlawful for any person to violate any provision or to
• fail to comply with any requirement of this title. Any person who
violates any of the these provisions or fails to comply with any of the
mandatory requirements of this title, or who is convicted ee of being a
disorderly person, unless otherwise specified, or who is convicted of
having committed commits a misdemeanor in violation of this title and
shall be punished by . • - - = - o -- . - - - • - - - - : - = = = - =
jail imprisonment in the city jail facility 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. both such fine and imprisonment .
L A crime is a gross misdemeanor if it is punishable by a
maximum term fixed by the court of not more than three hundred sixty -
five days. or by a fine in an amount fixed by the court of not more than
five thousand dollars. or by both such imprisonment and fine."
Section 2 Section 6 02 060 is hereby added as a new section to the City of
Yakima Municipal Code as follows:
"6 02.060 Application of chapter to prior offenses.
Nothing contained in any provisions of this chapter shall apply
to an offense committed or act done at any time before the date when
this chapter shall take effect. Such an offense shall be punished
according to, and such act shall be governed by the ordinance existing
when it was done or committed, in the same manner as if this chapter
• had not been passed."
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Section 3 Section 6 04 020 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"6.04.020 Assault and battcry .
g, A person is guilty of assault when he. (1) with intent to
cause bodily injury to another person. causes bodily iniury to any
person. or (2) intentionally places or attempt to place another person in
fear or apprehension of bodily injury_ by: (a) any act. or (b) any act
and word or threat, - - - - - • • - . -- . .. ,
dcclarcd to be a disordcrly person.
B Assault is a gross misdemeanor."
Section 4 Section 6 04 021 is hereby added as a new section to the City of
Yakima Municipal Code as follows:
"6.04.021 Simple assault.
A. A person is guilty of simple assault when he intentionally
and without permission touches another person and that touching is
offensive, as opposed to defensive.
B Simple assault is a lesser included offense of assault as
defined by Yakima Municipal Code Section 6 04 020
C. Simple assault is a misdemeanor "
Section 5 Section 6 04 027 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6 04 027 Vehicle meddle.
No person shall, without authority, take or carry away any
property in or attached to the vehicle of another from the place where
left by the owner or person in charge thereof, or meddle with, deface,
mutilate or destroy the vehicle of another or any part thereof.
Penalty. Vehicle meddling is a misdemeanor."
Section 6 Subsection (c) is hereby added as a new subsection to Section
6 04 040 of the City of Yakima Municipal Code as follows:
"6 04.040 Concealed weapons -- Permits -- Sale.
L Penalty. A person who violates this section is guilty of a,
misdemeanor."
Section 7 Section 6 04 425 of the City of Yakima Municipal Code is hereby
repealed.
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S 5ection 8 Section 6 04 070 of the City of Yakima Municipal Code is hereby
ed to read as follows.
"6.04.070 Fighting in public place. -
A, Any person fighting or quarreling or encouraging others
to fight in any public place in the city of Yakima is declared to be a
disorderly person.
1 Fighting in public is a misdemeanor."
Section 9 Section 6 04 110 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6 04.110 Firearms -- Discharging.
A Any person who, within the city of Yakima, wilfully
willfully fires or discharges any air gun or firearm of any kind without
lawful authority is declared to be a disorderly person. This section shall
not apply to peace officers nor to persons shooting on any regularly
established and authorized rifle range, gun club or shooting gallery
1 D ischarging a firearm is a misdemeanor."
S ection 10 Section 6 04 115 of the City of Yakima Municipal Code is hereby
amended to read as follows:
• "6.04.115 Hotels -- Fraudulent use.
®, Any person who obtains any food, lodging or
accommodation in any hotel, apartment house, restaurant, noodle joint,
boardinghouse, or lodginghouse, having a value of seventy five dollars
or less, without paying therefor, with intent to defraud the employer or
manager thereof, or who obtains credit at a hotel, apartment house,
restaurant, noodle joint, boardinghouse or lodginghouse, by color or aid
of any false pretense, representation, token or writing, or who, after
obtaining board, lodging or accommodation at a hotel or lodginghouse,
absconds or surreptitiously removes his or her baggage therefrom
without paying for such food, lodging or accommodation violates this
section. is declared to be a disorderly person.
B Fraudulent use of hotels or restaurants is a gross
misdemeanor."
Section 11 Section 6 04 140 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"6.04.140 Unlawful possession of tools and devices.
A. It is unlawful for any person to make or mend, or cause to
be made or mended, or have in his possession, in the day or nighttime,
any engine, tool, machine, device or implement, adapted, designed, or
commonly used to trip, cheat, defraud, or operate without the use of
• money, vending machines, pinball machines or other coin - operated
machines, under circumstances evidencing an intent to use or employ,
or allow the same to be used or employed, in such operation, or knowing
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that the same is intended to be so used. The possession thereof except by
a mechanic, artificer or tradesman, at and in his established shop or
place of business, open to public view, shall be prima facie evidence
that such possession was had with intent to use or employ or allow the
same to be used or employed in the tripping, cheating, defrauding, or
operating such coin - operated devices without the use of money or coins
is declared to be a disorderly person.
Violation of this section is a misdemeanor."
Section 12 Section 6 04 170 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.04.170 Minor in possession of liquor.
Any person under the age of twenty -one years who
acquires or has in his possession or consumes any intoxicating liquor,
except in the case of intoxicating liquor given or permitted to be given
to a person under the age of twenty-one years by a parent or guardian
for beverage or medicinal purposes or administered to him by his
physician or dentist for medicinal purposes, and except when such
intoxicating liquor is being used in connection with religious services
is declared to be a disorderly person.
Minor in possession of alcohol is a gross misdemeanor,"
Section 13. Subsection H is hereby added as a new subsection to Section
6 04 180 of the City of Yakima Municipal Code as follows:
"6.04 180 Public disturbance noise. -
IL Public disturbance noise is a misdemeanor."
Section 14 Section 6 04 185 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6 04 185 Officer, personating Criminal impersonation.
A A person is guilty of criminal impersonation in the first
degree if the person. (1) 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 (2) 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. Any person who falsely personates a public officer,
another, or who, without authority, assumes any uniform or badge by
which such an officer or person is lawfully distinguished, and in such
assumed character does or attempts to do any act purporting to be
official, is a disorderly person.
Criminal impersonation in the first degree is a gross
misdemeanor.
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• A person is guilty of criminal impersonation in the second
degree if the person. (1) claims to be a law enforcement officer or
creates an impression that he or she is a law enforcement officer: and
(2) under circumstances not amounting to criminal impersonation in
the first degree. does an act with intent to convey the impression that
be or she is acting in an official capacity and a reasonable person would
believe the person is a law enforcement officer.
Criminal impersonation in the second degree is a
misdemeanor,"
Section 15 Section 6 04 230 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.04.230 Poultry at large.
Any person who, as owner of ducks, geese, turkeys, chickens, or 4 '
other poultry, permits the same to run at large in the city of Yakima, is
declared to be a disorderly person. A violation of this section is a
misdemeanor."
Section 16 Section 6 04 235 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"6.04.235 Property -- Damage or destruction.
• A A person is guilty of malicious injury to property if he
knowingly and maliciously causes physical damage to the property of
another. public or private. under circumstances not amounting to
malicious mischief in the first or second degree as defined by RCW
9A.48.070 and RCW 9A.48.080. Any person who, by any means,
maliciously or wantonly defaces, damages or destroys r al or personal
property of another is declared to be a disorderly person.
Malicious mischief is a gross misdemeanor if the damage to .
the property is in an amount exceeding fifty dollars. otherwise. it is a
misdemeanor,"
Section 17 Section 6 04 245 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.04 245 Property -- Interference with intent to annoy.
Any person who, for the purpose of annoyance or mischief,
places in any doorway or on any sidewalk, street or alley in the city,
any box, barrel or other obstruction or thing or who removes, carries
building, hitching post, awning, railing or any other property, public
or private, not his own, is declared to be a disorderly person. A violation
of this section is a misdemeanor."
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Section 18 Section 6 04.307 of the City of Yakima Municipal Code is hereby U
amended to read as follows:
"6.04.307 Defrauding taxicab operator.
0,,. It is unlawful for any person to hire services of a taxicab,
with the intent to defraud the operator thereof, and to refuse to pay
such operator the fare for such services according to the rates
established by law For purposes of this section, the refusal of any
person who hires taxicab services to pay for such services shall
constitute prima facie evidence of intent to defraud, and the amount of
the fare indicated on the taximeter in such taxicab constitutes prima
facie evidence of the fare due for such services according to rates
established by law
Ei. Defrauding a taxicab operator is a misdemeanor."
Section 19 Section 6 04 315 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"6.04.315 Trespass Criminal trespass in the second degree.
Q, Any person who goes upon the land of another. but does `
not enter any building, with the intent to vex or annoy the owner or
occupant thereof, or to commit any unlawful act, or who wilfully goes
or remains upon the land of another (but not inside a building) after __
having been warned by the owner or occupant thereof not to trespass,
is - - - - - • - • - - - - . guilty of criminal trespass in the
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second degree. Criminal trespass in the second degree is a
misdemeanor.
L. Any person who enters the building of another with the -
intent to vex or annoy the owner or occupant thereof. or to commit any
unlawful act, or who willfully goes or remains inside of a building of
another after having been warned by the owner or occupant thereof
not to trespass. commits criminal trespass in the first degree, Criminal
trespass in the first degree is a gross misdemeanor;"
Section 20 Subsection D is hereby added as a new subsection to Section
6 04 370 of the City of Yakima Municipal Code as follows:
"6.04.370 Indecent exposure.
la Indecent exposure is a misdemeanor unless such person,
exposes himself or herself to a person under the age of fourteen years
in which case indecent exposure is a gross misdemeanor."
Section 21 Section 6 04 387 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6 04 387 Loitering for purposes of prostitution.
g It is unlawful for anyone to loiter in or near any
thoroughfare or place open to the public in a manner and under
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• circumstances manifesting the purpose of inducing, enticing, soliciting
or procuring another to commit an act of prostitution. Among the
circumstances which may be considered in determining whether such
purpose is manifested are. that such person is a known prostitute or
panderer, repeatedly beacons to, stops or attempts to stop, or engages _
male passersby in conversation, or repeatedly stops or attempts to stop
motor vehicle operators by hailing, waiving of arms or by any other
bodily gesture. No arrest shall be made for a violation of this section`
unless the arresting officer first affords such person an opportunity to
explain such conduct, and no one shall be convicted of violating this
section if it appears at trial that the explanation given was true and
disclosed a lawful purpose.
L. For the purpose of this section, 'known prostitute or
panderer' includes, but is not limited to, a person who, within one year
previous to the date of arrest for violation of this section, has within the
knowledge of the arresting officer been convicted of or forfeited bail
for violating any ordinance of the city of Yakima or any law of any r
other jurisdiction defining or punishing acts of engaging in, or
offering or agreeing to engage in, sexual conduct with another person
in return for a fee.
cd. Loitering for the purposes of prostitution is a
misdemeanor."
Section 22 Section 6 04 450 of the City of Yakima Municipal Code is thereby
• amended to read as follows:
"6 04 450 False alarm of fire.
A A person is guilty of false reporting of fire 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. 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. It is unlawful for any
manner tamper or interfere with any fire alarm or fire apparatus of
any kind; provided, this section shall not apply to the chief or any other
13 This section shall not apply to the chief or any other
member of the fire department or to such persons duly authorized to
sound an alarm when such may be deemed proper.
C, False alarm of fire is a gross misdemeanor."
Section 23 Section 6 04 480 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"6.04.480 Mischievous missile throwing.
• A It is unlawful for Aany person who wi'..may willfully or
m aliciously throws any missile or any other object at, against or upon .
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any house, building, structure, vehicle or car or any premises of any
person with the intent to vex or annoy the owner or occupant thereof
is dcclarcd to bc a disordcrly person.
Mischievous missile throwing is a misdemeanor."
Section 24 Subsection D is hereby added as a new subsection to Section
6 04 540 of the City of Yakima Municipal Code as follows.
"6 04.540 Loitering for the purpose of engaging in drug -
related activity.
Loitering for the purpose of engaging in drug - related
activity is a misdemeanor."
Section 25 Section 6 04 575 of the City of Yakima Municipal Code is hereby
repealed.
Section 26 Subsection D is hereby added as a new subsection to Section
6 08 020 of the City of Yakima Municipal Code as follows:
"6.08.020 Prohibited acts.
D 'os - ins u uf. rin! se •v-r'n• • adv-rt' in! dru•
oaravhernalia is a misdemeanor."
Section 27 Chapter 6 14, Sections 6 14 010 and 6 14 020 of the City of Yakima
Municipal Code are hereby repealed.
Section 28 Section 6 20 010 is hereby added as a new section to the City of
Yakima Municipal Code as follows:
"6 20.010 Leashes required.
A. It is unlawful for the owner or custodian of any dog to
cause, permit or allow such dog to roam, run, stray, or to be away from
the premises of such owner or custodian and to be on any public place,
or on any public property, or the private property of another in the
city of Yakima, unless such dog, while away from such premises, is
controlled by a leash or chain not more than eight feet in length, such
control to be exercised by such owner or custodian or other competent
and authorized person, and any dog found roaming, running, straying
or being away from such premises and not on a leash as herein
provided may be impounded subject to redemption in the manner
provided by ordinance.
B 'Potentially dangerous dog' means any dog that when
unprovoked. inflicts bites on a human or a domestic animal either on ,
public or private property, or chases or approaches a person upon the
streets, sidewalks, or any public grounds in a menacing fashion or
apparent attitude of attack, or any dog with a known propensity,
tendency, or disposition to attack unprovoked, to cause injury or to
cause injury or otherwise to threaten the safety of human or domestic
animals.
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•
• C. It is unlawful for the owner or custodian of a potentially
dangerous dog, as defined herein, to cause, permit or allow such dog to
be off the premises of such custodian or owner unless such dog is under
the direct control of an adult person by means of a leash or chain not
more than eight feet in length and a muzzle.
D. Penalties. Anyone violating or failing to comply with the
provisions of Section 6 20 010 shall be punishable by a fine not
exceeding fifty dollars, or by imprisonment in the city jail for a term
not exceeding ten days, or by both such fine and imprisonment."
Section 39 Section 6 20 120 is hereby added as a pew section to the City of
Yakima Municipal Code as follows:
"6.20.120 Animals -- Cruelty.
A. It is unlawful for any person to willfully and
unreasonably strike, beat, or wound any domestic animal, or compel or
allow it to work, or drive it, or allow it to be driven when overloaded, or
sick or lame or crippled, or with yoke or harness that chafes or galls it,
or with check rein or any part of its yoke or harness too tight for its
comfort, or to unreasonably deprive it of food or water, or to otherwise
cause any domestic animal to willfully and unreasonably endanger its
health or life by depriving it of or neglecting to provide it with
covering, food, water, air, light, medical attention, or space fairly,
sufficient for its needs and comfort, and every police officer and animal
• control officer of this city shall have authority, and it is their duty,
summarily to relieve any animal which is suffering from violence,
cruelty, constraint, or medical neglect contray to any provision of this
chapter, in all cases which can be readily and summarily relieved by
the officer
B. Cruelty to animals is a misdemeanor "
Section 30 Section 6 20 180 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"6 20 180 Civil infractions.
A. The following are declared to be subject to a monetary
penalty as civil infractions and the monetary penalty is in addition to or
an alternative to any other penalty provided in this chapter
1. A violation of the following sections and subsections of the
city of Yakima Municipal Code. 6 20 040, 6 20 050, 6 20 060, 6 20 070,
6 20 180D;
2. A violation of Section 6.04.425 6.20.120 of the city of Yakima
Municipal Code;
3. A violation of Section 6,1-4:040 6.20.010 of the city of Yakima
Municipal Code,
B Whenever a city of Yakima animal control officer or law
enforcement officer has reasonable grounds to believe that there is a
violation of any of the aforementioned sections and subsections of this
title, the officer is authorized to assess a penalty in the amount
authorized in subsection C of this section and to issue to the violator a
notice of civil infraction.
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Civil infraction penalties shall be assessed according to the
following schedule:
Violation of Section or Subsection of
City of Yakima Municipal Code Penalty
6.04.425 - 6.20.120 CRUELTY TO ANIMALS $ 50 00
6.14.010A 6,20.010A LEASH LAW $ 50 00
6.14.010G6.20,010C LEASH LAW (Potentially
Dangerous Dogs) $ 90 00
6.20 040 HOWLING /BARKING DOGS $125 00
6 20 050 DAMAGE BY DOGS $ 90 00
6.20 060 MENACING DOGS $125 00
6 20 070 NAUSEOUS KEEPING OF DOGS $ 90 00
6 20 180(D) POSSESSION OF DANGEROUS/
POTENTIALLY DANGEROUS DOGS
1st Incident $ 50 00
2nd Incident $150 00
3rd Incident $250 00
D. It is a civil infraction to own or possess a dog which, upon
investigation, the city of Yakima animal control officer determines (1)
to be either a potentially dangerous dog and (2) to have inflicted a bite
on a human or domestic animal or to have engaged in any other activity
characterizing a potentially dangerous dog or a dangerous dog pursuant
to Section 6 20 160A of this chapter, which activity is referred to herein
as an 'incident.'
E. Any animal kept, housed or maintained in a household
comprised of adults and minors shall be presumed to be in the
ownership or possession of the adult(s) having control of the premises
of that household.
F (1) A person who is to receive a notice of civil
infraction under this section is required to identify himself or herself
to the animal control officer or law enforcement officer by giving his
or her name, address, and date of birth. Upon the request of the officer,
the person shall produce reasonable identification, including a driver's
license or identicard.
(2) A person who is unable or unwilling to reasonably
identify himself or herself to an enforcement officer may be detained
for a period of time not longer than is reasonably necessary to identify
the person for purposes of issuing a civil infraction.
G. (1) A person who fails to sign a notice of civil
infraction is guilty of a misdemeanor
(2) Any person willfully violating his or her written
and signed promise to appear in court or his or her written and signed
promise to respond to a notice of civil infraction is guilty of a
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• misdemeanor regardless of the disposition of the notice of civil
infraction. Provided, that a written promise to appear in court or a
written promise to respond to a notice of civil infraction may be
complied with by an appearance by counsel."
Section 31 Section 6 36 030 is hereby added as a pew section to the :City of
Yakima Municipal Code as follows:
"6.36.030 Penalties.
Drawing bad checks in an amount of two hundred fifty dollars or -
less is a gross misdemeanor "
Section 32 Section 6 48 010 of the City of Yakima Municipal Code is hereby
amended as follows.
"6.48.010 Making false police reports prohibited.
It is unlawful for any person to cause or make any wilfully
willfully untrue, false, misleading, unfounded or exaggerated statement
or report to the police department of the city of Yakima, or to any
officer or representative thereof, or to -wilfully willfully hinder, delay
or obstruct any public officer in the discharge of his official powers or
duties.
Making false police reports is a misdemeanor."
• o e Ci 33 Section 6 60 040 is hereby added as a new section to the City of
Yakima Municipal Code as follows:
"6.60.040 Penalty.
Petit larceny is a misdemeanor "
Section 34 Section 6 68 020 is hereby added as a new section to the City of
Yakima Municipal Code as follows.
"6.68.020 Penalty.
Shoplifting is a misdemeanor "
Section 35 Section 6 76 030 is hereby added as a new section to the City of
Yakima Municipal Code as follows:
"6.76.030 Penalties.
Trespassing on roofs or violations of 6 76 020 above are
misdemeanors."
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Section 36 Section 6 86 110 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.86.110 Penalty for violation.
Any person convicted of violating any provision of this Section
6.86 shall be deemed to have committed an infraction.
Ai A person who litters in an amount less than or eaual to one
cubic foot shall be ordered to pay a fine of ninety-five dollars.
It shall also be a civil infraction for a person to litter in an
amount greater than one cubic foot. The fine for this offense is four
hundred seventy -five dollars. Unless suspended or modified by the
court. the person shall also pay a litter cleanup fee of twenty -five
dollars per cubic foot of litter. The court maw. in addition to or in lieu of
part or all of the cleanup fee. order the person to pick up and remove
litter from the property. with prior permission of the legal owner or. in
the case of public property. of the agency managing the property. It is
unlawful for any person to commit an act prohibited by this chapter or
chapter. Any person convicted of violating any provision of this
shall constitute a separate offense for the purpose of this section;
Section 37 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 18thday of May
1994
ATTEST 'Mayor
(3 c_ ►�-�
City Clerk
Publication Date: 5 - 20 - 94
Effective Date: 6 - 19 - 94
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