HomeMy WebLinkAbout1998-003 Public Safety and Morals ORDINANCE NO. 98- 0 3
AN ORDINANCE relating to public safety and morals; amending the
City of Yakima Criminal Code to provide for the payment of fines and
court costs with posted cash bail, adding contempt of court procedures,
combining all drug - related offenses in Chapter 6.08, enacting section
6.12.090 to criminalize leaving children unattended in an automobile while
one goes in a tavern or bar, creating a new chapter to prohibit offenses
relating to school property and personnel, combining all firearms and
weapons offenses in Chapter 6.44, making possession of concealed pistol
license violations infractions in accordance with state law, enacting section
6.45.025 to penalize unlawful bus conduct, adding section 6.45.100,
Custodial Interference in the Second Degree, creating section 6.45.110 to
outlaw peeping, combining all trespass - related offenses Chapter 6.47,
'combining all sex - related offenses in Chapter 6.55, amending section
6.68.010 so that shoplifting items valued in excess of $50.00 is a gross
misdemeanor, enacting section 6.68.040 to criminalize the illegal sale or
use of state and federally issued food stamps, adding section 6.68.090 to
prohibit the theft of rental or leased property, combining all theft - related
crimes into Chapter 6.68, combining all obstruction of sidewalks and
streets violations into Chapter 6.75: Repealing sections 6.04.040, 6.04.315,
6.45.090, 6.68.090, amending and /or recodifying sections 1.66.010,
6.02.030, 6.04.027, 6.04.030, 6.04.047, 6.04.110, 6.04.107, 6.04.115,
6.04.140, 6.04.307, 6.04.320, 6.04.330, 6.04.381, 6.04.382, 6.04.384,
6.04.386, 6.04.387, 6.04.390, 6.04.392, 6.04.540, 6.05.020, 6.12.040,
6. 6.45.070, 6.48.010, 6.50.010, 6.50.015, 6.50.020, 6.50.030,
6.55.020, 6.68.010, 6.68.060, 6.68.070, 6.100, adding as new sections
6.04.050, 6.12.090, 6.45.025, 6.45.100, 6.45.110, 6.48.030, 6.68.040,
6.68.090, 6.68.180; repealing chapters 6.50, 6.76; 6.70, 6.71, 6.74;
enacting Chapters 6.03, 6.28, 6.44, 6.47, 6.75; and amending the title of
Chapter 6.08, all of the City of Yakima Municipal Code.
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BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.04.030 of the City of Yakima Municipal Code is
hereby amended and recodified as section 6.02.080, to read as follows:
"6.02.080 Force- -When lawful.
The use, attempt, or offer to use force upon or toward the person of
another is not unlawful in the following cases:
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(a) When necessarily used by a public officer in the performance of
a legal duty, or a person assisting him and acting under his direction;
(b) When necessarily used by a person arresting one who has
committed a felony and delivering him to a public officer competent to
receive him into custody;
(c) Whenever used by a party about to be injured, or by another
lawfully aiding him, in preventing or attempting to prevent an offense
against his person, or a malicious trespass, or other malicious interference
with real or personal property lawfully in his possession, in which case the
force is used shall not be more than shall be is necessary;
(d) Whenever used in a reasonable and moderate manner by a
parent or his authorized agent, a guardian, master, or teacher in the
exercise of lawful authority, to restrain or correct his or her child, ward,
apprentice or scholar;
(e) Whenever used by a carrier of passengers or his authorized
agent or servant, or other person assisting them at their first request in
expelling from a carriage, railway car, vessel, or other vehicle, a passenger
who refuses to -obey a lawful and reasonable regulation prescribed for the
conduct of passengers, if such vehicle has first been stopped and the force
used is not more than shall be necessary to expel the offender with
reasonable regard to his personal safety;
(f) Whenever used by any person to prevent an idiot, lunatic or
insane a mentally handicapped or mentally ill person from committing an
act dangerous to himself or another, or in enforcing necessary restraint for
the protection of his person, or his restoration to health, during such
period only as shall be necessary to obtain legal authority for the restraint
or custody of his person." -
Section 2. Section 1.66.010 of the City of Yakima Municipal Code is
hereby amended and recodified as section 6.02.100, to read as follows:
"6.02.100 Satisfaction of Judgment -- Payment of Fine.
(a) In all cases of conviction in the Yakima District Court or the
Yakima Municipal Court for the violation of any city City of Yakima
ordinance, the judge shall enter judgment for the fine and costs imposed
against the defendant . • : •- - . •• ••: • •• a -• . • - -• - - •• = - ' - - •
fine and costs owing are paid. The judge may commit the defendant to jail
until the amount of such fine and costs owing are paid. The amount of
such fine and costs owing shall be the total of the fine and costs imposed as
reduced by any portion thereof paid any time after judgment is entered.
fib) Cash bail posted with the Yakima Municipal Court or Yakima
District Court on behalf of a defendant is .resumed to be the mone of said
defendant. Anyone posting bail on behalf of a defendant shall be
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personal] informed b means of a written notice that the posted cash bail
shall be at the conclusion of the pendin ' case applied to an fines, fees
and /or costs the defendant owes the Yakima Municipal I Court, City of
Yakima and /or Yakima District Court, and that thereafter, any remaining
cash bail shall be returned to the payor of said cash bail. Such notice shall
be signed by the payor of the cash bail before the cash bails may be posted,
and shall be in substantially the following form:
"NOTICE TO THOSE WHO POST BAIL
IN THE YAKIMA MUNICIPAL COURT OR
YAIKIMA DISTRICT COURT
Anyone posting cash bail in the Yakima Municipal Court
or the Yakima District Court on behalf of a defendant who has
a .endin • case prosecuted b the Cit of Yakima hereb
consents that said cash bail shall be first applied, at the
conclusion of the defendant's case, to any outstanding fines,
fees, and /or costs which the defendant owes the Yakima
Municipal Court, the City of Yakima, or the Yakima District
Court. The remaining balance of said cash bail shall be
returned to the payor once the defendant's fines, fees and /or
costs are paid in full.
Should the application of the cash bail to the defendant's
fines, fees. and /or costs create a severe financial hardship for a
payor of said cash "bail, other than the defendant, he or she
may petition the court for the return of all, or some, of the
cash bail posted.
Signature of Bail Payor and Date"
If the payor of cash bail, other than the defendant, demonstrates to
the court that he or she would suffer a severe financial hardship should the
cash bail be applied to fines, costs or fees the defendant owes the City of
Yakima, the Yakima Municipal Court, or the Yakima District Court, the
court ma in its' discretion return to the .a or some or all of the cash
bail posted by the payor.
(bc) Upon any such commitment to jail for the payment of fines and
costs, the defendant may be ordered to be placed at hard labor. In such an
event, the defendant shall receive credit, toward the amount of such fine
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and costs owing, of seventy -five dollars for each day he or she performs
hard labor °Otherwise, he the defendant shall receive credit, toward such
fines and costs owing the Yakima District Court, Yakima Municipal Court
or City of Yakima, in the amount of fifty dollars for each day of
imprisonment."
Section 3. Section 6.02.030 of the City of Yakima Municipal Code is
hereby recodified as section 6.02.300, to read as follows:
"6.02.300 Severability
If any clause, part or section of this title shall be adjudged invalid or
unconstitutional, such judgment shall not affect or invalidate the remainder
of this title nor the application of any such clause, part or section to any
other person, but shall be confined in its operation to the clause, part or
section directly involved in the controversy in which such judgment was
rendered."
Section 4. Chapter 6.03 hereby enacted as a new chapter of the City
of Yakima Municipal Code to read as follows:
"6.03 Contempt of Court
6.03.010 Definitions
RCW 7.21.010 is adopted by reference, as now or hereafter
amended.
6.03.020 Sanctions -Who May Impose.
RCW 7.21.020 is adopted by reference, as now or hereafter
amended.
6.03.030 Remedial Sanctions - Payment for Losses.
RCW 7.21.030 is adopted by reference, as now or hereafter
amended.
6.03.040 Punitive Sanctions- Fines.
RCW 7.21.040 is adopted by reference, as now or hereafter
amended.
6.03.050 Sanctions - Summary Imposition- Procedure.
1 The 'ud ' e or court commissioner. .residin l in an action or
proceedin : ma summaril impose either a remedial or punitive sanction
authorized b this chapter upon a person who commits a contempt of court
within the courtroom if the judge or court commissioner certifies that he
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or she saw or heard the contem • t. The 'ud . e or court commissioner shall
impose the sanctions immediate) after the contempt of court or at the end
of the •roceedina and onl for the •ur•ose of .reservin ' order in the court
and .rotectin• the authorit and dignit of the court[ The 'erson
committing the contempt of court shall be liven an o..ortunit to speak in
miti • ation of the contempt unless com.ellin t circumstances demand
otherwise. The order of contempt shall recite the facts, state the sanctions
imposed and be si • ned b the 'ud ' e or court commissioner and entered on
the record.
. (2) A court, after a finding of contempt of court in an proceeding
under subsection 1 of this section ma impose for each separate contempt
of court a punitive sanction of a fine of not more than five hundred dollars
or imprisonment in the cit or count :ail for not more than thirt da s or
both, or a remedial sanction as set forth in section 6.03.030 of the city of
Yakima Municipal Code. A forfeiture imposed as a remedial sanction
under this subsection may not exceed more than five hundred dollars for
each day the contempt continues.
6.01060 Administrative Actions or Proceedings- Petition to Court for
Imposition of Sanctions.
RCW 7.21.060 is adopted b reference as now or hereafter
amended.
6.03.070 Appellate Review.
RCW 7.21.070 is adopted by reference, as now or hereafter
amended.
6.03.900 Severability.
RCW 7.21.090 is adopted by reference, as now or hereafter
amended."
Section 5. Section 6.04.050 is hereby added as a new section of the
City of Yakima Municipal Code to read as follows:
"6.04.050 Bail Jumping.
A. An person released from custod •ursuant to a court order or
the posting of bail with the requirement that he or she personally appear
before any court of this state at a certain time, date and place, upon the
•erson's si•nature attestin. that he or she will so as .ear and who then
knowingly fails to appear as ordered, is guilty of bail jumping.
B. Bail 'um.in • is a misdemeanor if the person was held for
charged with, or convicted of a gross misdemeanor or misdemeanor."
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Section 6. Section 6.05.020 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"6.05.020 Definitions.
RCW 10.99.020 is adopted by reference. For purposes of this
chapter, "peace officer " includes a Yakima police officer, "law
enforcement agency" includes the Yakima Police Department, "public
attorney" means a person or persons, attorney or attorneys who have been
designated by the Yakima City Manager to provide legal services for
indigent defendants, and "legislature" shall include the City Council."
Section 7. Section 6.100 of the City of Yakima Municipal Code is
hereby recodified as section 6.05.100 of the City of Yakima Municipal
Code, to read as follows:
"6.05.100 Police Officers' Liability
RCW 10.99.070 is adopted by reference, as now or hereafter
amended."
Section 8. Chapter 6.50 of the City of Yakima Municipal Code is
hereby repealed.
Section 9. The title of Chapter 6.08 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"Chapter 6.08 Drug Parap a Drug- Related Offenses"
Section 10. Section 6.04.107 is hereby amended and recodified as
6.08.050 of the City of Yakima Municipal Code, to read as follows:
"6.08.050 Glue Sniffing.
A. It is unlawful to intentionally smell or inhale the fumes from any
glue, cement, spray paint or other adhesive or paint containing one or
more of the following chemical compounds: acetone, an acetate, benzene,
butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl
alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or
toluene, for the purpose of becoming intoxicated, inebriated, excited or
stupefied; provided, this section shall not be construed as applying to the
inhalation of any anesthesia for licensed medical or dental purposes.
B. Glue sniffing is a misdemeanor."
Section 11. Section 6.04.540 is hereby recodified as 6.08.060 of the
City of Yakima Municipal Code, to read as follows:
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"6.08.060 Loiter for the Purpose of Engaging in Drug - related Activity.
A. It is unlawful for any person to loiter in or near any
thoroughfare, place open to the public or near any public or private place
in a manner and under circumstances manifesting the purpose to engage in
drug - related activity contrary to any of the provisions of Chapters 69.41,
69.50 or 69.52 of the Revised Code of Washington.
B. 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 person shall be convicted of violating this section if it
appears at trial that the explanation given was true and disclosed a lawful
purpose.
C. Included among the circumstances which may be considered in
determining whether such purpose is manifested, but not limited thereto,
are:
1. Such person is a known, unlawful drug user, possessor, or seller;
2. It is known that such person has been convicted in any court
within this state within a period of two years of any violation involving the
use, possession o r sale of any of the substances referred to in Chapters
69.41, 69.50 and 69.52 of the Revised Code of Washington, or, within two
years, such person has been convicted of any violation of any of the
provisions of said chapters of the Revised Code of Washington;
3. The area involved is by public repute known to be an area of
unlawful drug use and trafficking;
4. The premises involved are known to have been reported to law
enforcement as a place suspected of drug activity pursuant to Chapter 69.52
of the Revised Code of Washington;
5. Any vehicle involved is known to be registered to a known
unlawful drug user, possessor, or seller or for which there is an
outstanding warrant for a crime involving drug - related activity;
6. Such person behaves in such a manner as to raise a reasonable
suspicion that he or she is about to engage in or is then engaged in an
unlawful drug- related activity;
7. Such person takes flight upon the appearance of a police officer;
8. Such person manifestly endeavors to conceal himself or herself or
any object that reasonably could be involved in an unlawful drug- related
activity;
9. Such person refuses to identify himself or herself upon the
request of an identified police officer.
D. Loitering for the purpose of engaging in drug- related activity is
a misdemeanor."
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Section 12. Section 6.50.010 is hereby recodified as 6.08.070 of the
City of Yakima Municipal Code, to read as follows:
"6.08.070 Marijuana Possession Unlawful.
It is unlawful for any person to possess, or exercise control or
dominion over, forty grams or less of marijuana."
Section 13.. Section 6.50.020 is hereby recodified as 6.08.090 of the
City of Yakima Municipal Code, to read as follows:
"6.08.090 Marijuana defined.
For purposes of this chapter, "Marijuana" means all parts of the
plant of the genus Cannabis L., whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds
or resin. It does not include the mature stalks of the plant, fiber produced
from the stalks, oil or cake made from the seeds of the plant, any other
compound, Manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or
the sterilized seed of the plant which is incapable of germination."
Section 14. Section 6.50.030 is hereby recodified as 6.08.100 of the
City of Yakima Municipal Code, to read as follows:
"6.08.100 Lawful Possession of Marijuana as Affirmative Defense.
It shall constitute an affirmative defense to the charge of possessing,
or exercising control or dominion over, marijuana that such possession,
control or dominion was lawful under other applicable Yakima city
ordinance or Washington state statute, rule, regulation or other applicable
law."
Section 15. Section 6.50.015 is hereby amended and recodified as
6.08.200 of the City of Yakima Municipal Code, to read as follows:
"6.08.200 Mandatory Minimum Penalties- Possession of Marijuana or
Possession of Drug Paraphernalia.
The maximum penalty for a violation of the City of Yakima
Municipal Code sections 6.50.Q1 -0 6.08.020 or 6.08.070 shall be prod
:: • _.! .! ! 90 days in jail or a $1000 fine, or both; however, any
person convicted of a violation thereof shall be punished by imprisonment
for not less than twenty -four consecutive hours, and by a fine of not less
than two hundred fifty dollars. On a second or subsequent conviction, the
fine shall not be less than five hundred dollars. These fines shall be in
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addition to any other fine or penalty imposed. Unless the court finds that
the imposition of the minimum imprisonment will pose a substantial risk to
the defendant's physical or mental well -being or that local jail facilities are
in an overcrowded condition, the minimum term of imprisonment shall not
be suspended or deferred. If the court finds such.risk or overcrowding
exits, it shall sentence the defendant to a minimum of forty hours of
community service. If a minimum term of imprisonment is suspended or
deferred, the court shall state in writing the reason for granting the
suspension or deferral and the facts upon which the suspension or deferral
is based. Unless the court finds the person to be indigent, the minimum
fine shall not be suspended or deferred."
Section 16. Subsection 6.12.040 B of the City of Yakima Municipal
Code is hereby amended to read as follows:
"6.12.040 Furnishing Liquor to Minors.
A. 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 subsection, "premises"
includes real property, houses, buildings, and other structures, and motor
vehicles and water craft.
B. (1) It is unlawful for any person under the age of 21 years to
possess, consume, or otherwise acquire any liquor.
(2) 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 any public place, while
exhibiting the affects effects of having consumed liquor. For purposes of
this subsection, exhibiting the affects effects of having consumed liquor
means that a person has the odor of liquor on his or her breath and either:
(a) is in possession of or close proximity to a container that has or
recently had liquor in it; or
(b) by speech, manner, appearance, behavior, lack of coordination,
or otherwise, exhibits that he or she is under the influence of liquor.
This subsection B(2) does not apply if the person is in the presence
of a parent or guardian or has consumed or is consuming liquor under
circumstances in subsection D or E of this section.
C. Subsections A and B(1) 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.
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D. 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.
E. This section does not apply to liquor given to a person under the
age of 21 years when such liquor is being consumed in connection with
religious services and the amount consumed is the minimal amount
necessary for the religious service.
F. 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."
Section 17. Subsection 6.12.055 A of the City of Yakima Municipal
Code is hereby amended to read as follows:
"6.12.055 Minors Frequenting Off Limits Area - Misrepresentation of Age -
Penalty- Classification of Licensees.
A. Except as otherwise provided by RCW 6/11.316 66.44.316 and
6.41.350 66.44.350, it shall be a misdemeanor:
(1) To serve or allow to remain in any area classified by the
Washington State Liquor Control Board as off .limits to any person under
the age of 21 years;
(2) For any person under the age of 21 years to enter or remain in
any area classified as off limits to such a person, but persons under 21
years of age may pass through the restricted area in a facility holding a
Class H club license;
(3) For any person under the age of 21 years to represent his or her
age as being 21 or more years for the purpose of purchasing liquor or
securing admission to, or remaining in any area classified by the
Washington State Liquor Control Board as off limits to such a person."
Section 18. Section 6.12.090 is hereby enacted as a new section of
the City of Yakima Municipal Code to read as follows:
"6.12.090 Child Unattended - Parked Automobile - Tavern /Bar.
A It is unlawful for a person havin • the care and custod whether
temporary or permanent, of a minor child or minor children under the age
of twelve years, to leave such child or children in a parked automobile
unattended b a competent adult while such person enters a tavern or other
premises where vinous, spirituous. or malt liquors are dispensed for
consumption on the premises.
(B) A violation of this section is a gross misdemeanor."
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Section 19. Chapter 6.28 is hereby added as a new chapter of the
City of Yakima Municipal Code to read as follows:
"Chapter 6.28 Offenses Relating to School Property and Personnel.
6.28.010 Abusing or Insulting Teachers, Liability for - Penalty.
RCW 28A.635.010 is adopted by reference, as now or hereafter
amended.
6.28.020 Willfully Disobeying School Administrative Personnel or
Refusing to Leave Public Property, Violations. When - Penalty.
RCW 28A.635.020 is adopted b reference as now or hereafter
amended.
6.28.030 Disturbing School, School Activities or Meetings - Penalty
RCW 28A.635.030 is adopted b reference as now or
hereafter amended.
6.28.040 Examination Questions - Disclosing- Penalty.
RCW 28A.635.040 is adopted b reference as now or hereafter
amended.
6.28.050 Certain Corrupt Practices of School Officials- Penalty.
RCW 28A.635.050 is ado.ted.b reference. as now or hereafter
amended.
6.28.060 Defacin. or In'urin' School Pro sea - Liabilit of Pu.il Parent
or Guardian - Withholding Grades Di .loma or Transcri.ts- Voluntar
Work Program as Alternative - Rights Protected.
RCW 28A.635.060 is adopted b reference as now or hereafter
amended.
6.28.070 . Property, Failure of Officials or Employees to Account' for -
Mutilation by- Penalties.
RCW 28A.63.5.070 is adopted b reference as now or hereafter
amended.
6.28.090 Interference by Force or Violence - Penalty.
RCW 28A.635.090 is adopted by reference, as now or hereafter
amended.
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6.28.100 Intimidating any Administrator. Teacher. Classified Employee,
or Student bv Threat of Force or Violence Unlawful.
RCW 28A.635.100 is adopted by reference, as now or hereafter
amended.`
6.28.110 Disciplinary Authority Exception.
The crimes defined in YMC 6.28.090 and 6.28.100, above, shall not
apply to school administrators, teachers, or classified employees who are
engaged in the reasonable exercise of their disciplinary authority_,
6.28.120 Violations of YMC 6.28.090 and 6.28.100- Penalty.
An person •uilt of violating YMC 6.28.090 and 6.28.100 shall be
deemed •uilt of a •ross misdemeanor and upon conviction thereon shall
be fined not more than five hundred dollars, or imprisoned in jail not more
than six months or both such fine and imprisonment."
Section 20. Section 6.04.040 of the City of Yakima Municipal Code
is hereby repealed.
Section 21. Chapter 6.44 is hereby added as a new chapter of the
City of Yakima Municipal Code to read as follows:
"Chapter 6.44 Firearms and Weapons.
6.44.010 Terms Defined.
Unless the context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
1 "Firearm" means a weapon or device from which a pro'ectile or
pro iectiles may be fi red b an ex plosive device such as gunpowder.
(2) "Pistol" means any firearm with a barrel less than sixteen inches
in length, or is designed to be held and fired by the use of a single hand.
3 "Rifle" means a weapon desi . ned or redesi l ned made or
remade, and intended to be fired from the shoulder and designed or
redesigned, made or remade, and intended to use the energy of the
ex plosive in a fixed metallic cartrid . e to fire onl a sin l le pro'ectile
through a rifled bore for each single pull of the trigger.
6.44.040 Concealed Weapons - Use -Sale.
a It is unlawful for an person in the Cit of Yakima except
police officers and other persons who are authorized b law or have
obtained proper authorit so to do from the chief of police of the cit to
carr or wear in an manner concealed upon his or her person or in his or
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her possession, or under his or her control, except in his or her place of
abode or fixed .lace of business an dirk, dap ler stiletto bowie knife
swordcane pun pistol firearm. rifle revolver air -lun b.b. pun pellet
gun, slingshot, blow gun, bow and arrow, metal knuckles, any other
dan • erous weapon or instrument which ma be used to inflict injury upon
the person of another or an other device which has the appearance of a
firearm pun pistol or rifle and is capable of discharging, by any means, a
projectile with sufficient force to injure a person.
b It is unlawful for an person in the Cit of Yakima to
manufacture. sell, possess, or dispose of any instrument or weapon of the
kind usually known as slung shot, sand club, or metal knuckles, or spring
blade knife or an knife the blade of which is automaticall released b a
sprin. mechanism or other mechanical device or an knife Navin. a blade
which opens or falls or is e.ected into position b the force of 'ravit or
by an outward, downward, or centrifugal thrust or movement.
(c) A person who violates this section is guilty of a gross
misdemeanor.
6.44.050 Concealed Weapons Permits- Use- Displa to Police Officers.
a Except in the person's place of abode or fixed place of business
a person shall not can a pistol concealed on his or her person without a
license to carry a concealed pistol. A violation of this subsection is a
misdemeanor.
(b) Every licensee shall have his or her concealed pistol license in
his or her immediate possession at all time that he or she is required by
RCW 9.41.050 to have a concealed pistol license and shall display the same
upon demand to an police officer or anv other person when and if
required by law to do so. Any violation of this subsection shall be a class
1 civil infraction with penalties which are the same as those found in RCW
chapter 7.80 and shall be punished accordin.l pursuant to chapter RCW
chapter 7.80 and the infraction rules for courts of limited jurisdiction.
Section 22. Section 6.04.110 is hereby recodified as 6.44.020 of the
City of Yakima Municipal Code, to read as follows:
"6.44.020 Firearms -- Discharging.
'A. Any person who, within the city of Yakima, willfully fires or
discharges any air gun, b.b. 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.
B. Discharging a firearm is a misdemeanor."
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Section 23. Section 6.04.047 is hereby amended and recodified as
6.44.030 of the City of Yakima Municipal Code, to read as follows:
"6.44.030 Blowguns- Definitions - Unlawful Discharge.
A. Blowgun means a tube through which a dart can be discharged
by force of breath.
B. Dart means a missile with a shaft, pointed at one end, which is
designed to be discharged from a blowgun.
C. No person shall willfully discharge a dart from a blowgun at any
animal or fowl within the City of Yakima.
D. A violation of this section is a misdemeanor."
Section 24. Section 6.45.025 is hereby added as a new section of the
City of Yakima Municipal Code, to read as follows:
"6.45.025 Unlawful Bus Conduct - Harassment - Penalties.
(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 a designated receptacle
c Pla s an radio recorder or other sound- producin• epui.ment
except that nothin. herein shall .rohibit the use of such e•ui.ment when
connected to earphones that limit the sound to individual listeners or the
use of a communication device b an em.lo ee of the owner or o.erator 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 herein shall
.revent a Berson from carr in • a cigarette cigar or pi .e li'liter or
carrying a firearm or ammunition in a way that is not otherwise prohibited
by law;
Intentionall obstructs or im.edes the flow of municipal transit
vehicles or .assen. er 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 byengaging 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.
14
(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 includin • but not limited to •ark and ride
lots, transit centers and tunnels. and bus shelters.
(3) A violation of this section is a misdemeanor."
Section 25. Section 6.45.070 of the City of Yakima Municipal Code .
is hereby amended to read as follows:
"6.45.070 Willful Violation of Restraining Order.
A. Whenever a restraining order is issued under RCW Chapter
46:09 26.09 as now or hereinafter amended, and the person to be
restrained knows of the order, a violation of the provisions restricting a
person from acts or threats of violence or of a provision excluding the
person from the residence, work place, school, or daycare of another is a
misdemeanor.
B. A person is deemed to have notice of a restraining order if:
(1) The person to be restrained or the person's attorney signs the
order;
(2) The order recites that the person to be restrained or the person's
attorney appeared in person before the Court;
(3) The order was served upon the person to be restrained; or
(4) The peace officer gives the person oral or written evidence of
the order by reading from it or by handing to the person a certified copy
of the original order, certified to be an accurate copy of the original by a
notary public or by the clerk of the court.
C. It is a defense to prosecution under this section that the court
order was issued contrary to law or court rule."
Section 26. Section 6.45.090 of the City of Yakima Municipal Code
is hereby repealed. •
Section 27. Section 6.4.5.100 is hereby added as a new section of the
City of Yakima Municipal Code to read as follows:
"6.45.100 Custodial Interference in the Second Degree.
A. A relative of a •erson is built of custodial interference in the
second de•ree if with the intent to den access to such •erson b a •anent
suardian institution a.enc or other serson having a lawful right to
physical custody of such person, the relative takes, entices, retains, detains,
or conceals the person from a parent, guardian, institution, agency or other
15
.erson havin • a lawful ri • ht to .hvsical custod of such .erson. This
subsection shall not apply to a parent's non - compliance with a court -
ordered parenting plan.
B. A parent of a child is guilty of custodial interference in the
second degree if:
(1) The parent takes. entices. retains, detains, or conceals the child,
with the intent to den access from the other parent havin• the lawful
ri •ht to time with the child pursuant to a court- ordered .arentin • flaw or
(2) the parent has not complied with the residential provisions of a
court - ordered parentin• plan after a finding of contempt under RCW
26.09.160(3); or
(3) if the court finds that the parent has engaged in a pattern of
willful violations of the court - ordered residential provisions.
C. Nothin• in 2 of this subsection prohibits conviction of custodial
interference in the second degree under (1) or (3) of this subsection in
absence of findings of contempt.
D. The first conviction of custodial interference in the second
degree is a gross misdemeanor."
Section 28. Section 6.45.110 is hereby enacted as a new section of
the City of Yakima Municipal Code to read as follows:
"6.45.110 Peeping.
A. It is unlawful for any person to stealthily or surreptitiousl
watch observe film •hoto•ra h monitor or keep under surveillance
another person who is in a private room, cubicle, office b edroom, tanning
booth, restroom, retail 'changing room, hotel room or other similar domain
which is enclosed and not open to the public while occupied.
B. It is a defense to a violation of subsection A, above, that the
.erson watched observed filmed. photo•ra.hed monitored or kept under
surveillance granted express permission for the conduct recited in
subsection A, above, to occur, that the surveillance was necessary and
.roper for securit purposes of a business or private residence or that the
surveillance was associated with law enforcement activity which derived
authority from a court - issued search or arrest warrant.
C. A violation of this section is a gross misdemeanor."
Section 29. Section 6.04.315 of the City of Yakima Municipal Code
is hereby repealed.
Section 30. Chapter 6.76 of the City of Yakima Municipal Code is
hereby repealed.
16
Section 31. Chapter 6.47 is hereby enacted as a new chapter of the
City of Yakima Municipal Code to read as follows:
"Chapter 6.47 Trespass Crimes.
6.47.010 Trespass in the First Degree.
(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.
6.47.020 Trespass in the Second Degree.
1 A .erson is •uilt of criminal trespass in the second degree if he
knowinol enters or remains in or u.on the .remises of another under
circumstances not constituting criminal trespass in the first degree.
(2) Criminal trespass in the second degree is a misdemeanor."
Section 32. Sections 6.76.010 and 6.76.020 are hereby amended and
recodified as 6.47.030 of the City of Yakima Municipal Code, to read as
follows:
"6.47.030. Trespassing' on Roofs.
A. It is unlawful for any person to go onto the roof or top of any
building, cornice, roof or wall thereof, without the consent of the owner or
person entitled to possession of the building.
B. It is unlawful for any person to sit, stand on or lean against the
cornice or exterior of any building from the roof of the building, when
such cornice, wall or roof faces toward any public street or alley of the
city of Yakima.
C. Any violation of this section is a misdemeanor."
Section 33. Section 6.04.320 is hereby amended and recodified as
6.47.040 of the City of Yakima Municipal Code, to read as follows:
"6.47.040 Trespass at Night to Eavesdrop or Observe.
A. Any person who, during the nighttime goes upon the land of
another and near any residence located upon said land without invitation
and without lawful reasons therefor, or who approaches at any time the
dwelling, residence or apartment of another for the purpose of or with the
intent to spy, eavesdrop or observe the interior or persons within any such
dwelling or residence, is declared to be a disorderly person.
B. A violation of this section is a misdemeanor."
17
Section 34. Section 6.04.330 is hereby amended and recodified as
6.47.050 of the City of Yakima Municipal Code, to read as follows:
"6.47.050 Refusal to Leave Premises of Another.
A. Any person who refuses to leave the premises occupied by
another person or their agent, after being ordered to leave the premises by
the legal occupant thereof, is declared to be a disorderly person.
B. Refusal to Leave Premises of Another is a misdemeanor."
Section 35. Section 6.48.010 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"6.48.010 Making False Police Reports Prohibited.
A. It is unlawful for any person to cause to be made or make any
wilfully willfully untrue, false, misleading, unfounded or exaggerated
statement or report to the police department of the city of Yakimaurto
: - •. : • - :: -
duties.
B. Making false police reports is a gross misdemeanor."
Section 36. Section 6.48.030 is hereby enacted as a new section of
the City of Yakima Municipal Code to read as follows:
"6.48.030 Obstruction of a Public Officer.
A. Tt is unlawful for any serson to willfull hinder dela or
obstruct an_y_public officer in the discharge of his or her official powers or
duties.
B. A violation of this section is a gross misdemeanor."
Section 37. Section 6.55.020 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"6.55.020 Indecent Exposure.
A. It is unlawful for any person to willfully make an indecent
exposure in a public place or at a place and under circumstances where
such exposure may be observed by any member of the public.
B. An indecent exposure is the exposure of a person's genitals or
parts thereof, pubic hair, or public pubic area, cleavage of the buttocks or
female breast below the top of the areola.
C. This prohibition shall not be construed to limit or restrict lawful
expressive nude activity. Any exposure accomplished primarily for the
18
purpose of sexual gratification or stimulation of one's self or another is not
lawful expressive nude activity.
D. 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."
Section 38. Section 6.04.381 is hereby recodified as 6.55.080 of the
City of Yakima Municipal Code, to read as follows:
"6.55.080 Prostitution.
A. It is unlawful for any person to engage in, or to offer or agree to
engage in, sexual conduct with any person in return for a fee. As used in
this section, the phrase "sexual conduct" means sexual intercourse or any
conduct involving the physical contact of the sex organs of one person with
the person of another done for the purpose of sexual gratification.
B. Prostitution is a misdemeanor."
Section 39. Section 6.04.382 is hereby recodified as 6.55.090 of the
City of Yakima Municipal Code, to read as follows:
"6.55.090 Patronizing a Prostitute.
A. It is unlawful for any person to patronize a prostitute. Tor
purposes of this section, a person is guilty of patronizing a prostitute if:
(1) Pursuant to prior understanding, such person pays a fee to
another person as compensation for the latter person, or a third person,
having engaged in sexual conduct with the former person, or
(2) Such person pays or agrees to pay a fee to another person
pursuant to an understanding that in return therefor the latter person will
engage in sexual conduct with the former person; or
(3) Such person solicits or requests another person to engage in
sexual conduct with the former person in return for a fee.
B. Patronizing a prostitute is a misdemeanor."
Section 40. Section 6.04.384 is hereby recodified as 6.55.100 of the
City of Yakima Municipal Code, to read as follows:
"6.55.100 Permitting Prostitution.
A. It is unlawful for any person who has possession or control of
any premises, which such person knows are being used for prostitution
purposes, to fail to make reasonable effort to halt or abate such use.
B. Permitting prostitution is a misdemeanor."
19
•
Section 41. Section 6.04.386 is hereby recodified as 6.55.105 of the
City of Yakima Municipal Code, to read as follows:
"6.55.105 Prostitution and Patronizing a Prostitute - Nondefenses.
In any prosecution for any violation of Sections 6.55.080 or
6.55.090, the sex of the two parties or prospective parties to the sexual
conduct engaged in, contemplated or solicited is immaterial and it is no
defense that:
1. Such persons were of the same sex; or
2. The person who received, agreed to received, or solicited a fee
was a male and the person who paid or agreed or offered to pay such fee
was female; or
3. There was a single occurrence."
Section 42. Section 6.04.387 is hereby recodified as 6.55.110 of the
City of Yakima Municipal Code, to read as follows:
"6.55.110 Loitering for Purposes of Prostitution.
A. It is unlawful for anyone to loiter in or near any thoroughfare or
place open to the public in a manner and under 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 beckons to, stops
or attempts to stop, or engages male passerby in conversation, or
repeatedly stops or attempts to stop motor vehicle operators by hailing,
waving 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.
B. 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 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.
C. Loitering for the purpose of prostitution is a misdemeanor."
Section 43. Section 6.04.390 is hereby recodified as 6.55.200 of the
City of Yakima Municipal Code, to read as follows:
20
"6.55.200 Body studios and model studios prohibited.
A. Definitions. As used in this section, the following words and
phrases shall have the following respective meanings ascribed to them:
1. "Body studio" means any premises upon which is furnished for a
fee or charge or other consideration the opportunity to paint, massage,
feel, handle, or touch the unclothed body or an unclothed portion of the
body of another person, or to be so painted, massaged, felt, handled or
touched by another person, or to observe, view or photograph any such
activity, and shall include any such premises which is advertised or
represented in any manner whatsoever as a "body painting studio," "model
studio," "sensitivity awareness studio" or any other expression or
characterization which conveys the same or similar meaning and which
leads to the reasonable belief that there will be furnished on any such
premises for a fee or charge or other consideration the opportunity to
paint, massage, feel, handle, or touch the unclothed body or an unclothed
portion of the body of another person, or to be so painted, massaged, felt,
handled or touched by another person, or to observe, view or photograph
any such activity.
"Body studio" as defined in this section shall not include massage
business defined and regulated by Chapter 18.108 of the Revised Code of
Washington, reducing salons or any studio which functions as. part of and
under the direct supervision of an institution, the curriculum for which
institution is approved by the Office of the State Superintendent of Public
Instruction of the state of Washington.
2. "Model studio" means any premises where the primary purpose
of the business is the furnishing of persons as models for a fee or charge or
other consideration for the purpose of being sketched, painted, drawn,
sculptured, photographed, or otherwise depicted in such a manner or under
circumstances which constitute lewd conduct as defined and prohibited by
Section 6.55.030.
"Model studio" as defined in this section shall not include any studio
which functions as a part of and under the direct supervision of an
institution, the curriculum for which institution is approved by the Office
of the State Superintendent of Public Instruction of the state of Washington,
or which functions to provide models who are sketched, painted, drawn,
sculptured, photographed or otherwise depicted for the purpose of
commercial sale or advertising.
B. Unlawftil Conduct.
(1) It is unlawful for any person, firm or corporation to operate,
conduct or maintain a body studio or model studio as defined in subsection
A of this section.
(2) It is unlawful for any person to be an employee of a body studio
or model studio, as defined in subsection A of this section.
21
(3) It is unlawful for any person, on the premises of a body studio
or model studio, to paint, massage, feel, handle, or touch the unclothed
portion of the body of another person, or to be so painted, massaged, felt,
handled or touched by another person, or to observe, view or photograph
any such activity, or to engage in any such activity for the purpose of being
observed, viewed or photographed.
C. Separate Offenses.
(1) Each day of operating, conducting or maintaining a body studio
or model studio in violation of subsection B(1) of this section shall
constitute a separate offense.
(2) Each day on which any person is an employee of a body studio
or model studio in violation of subsection B(2) of this section shall
constitute a separate offense.
(3) Each incident of unlawful conduct prohibited by subsection B(3)
of this section shall constitute a separate offense."
Section 44. Section 6.04.392 is hereby recodified as 6.55.201 of the
City of Yakima Municipal Code, to read as follows:
"6.55.201 Body Studios Declared Public Nuisance.
Any use of property within the city of Yakima as a body studio or
model studio as defined by Section 6.55.200, is a public nuisance, subject to
prevention or abatement by injunction or other appropriate legal remedy in
the superior court of the state of Washington in and for Yakima County."
Section 4.5. Section 6.68.010 of the City of Yakima Municipal Code
is hereby amended, to read as follows:
"6.68.010 Shoplifting
A. It is unlawful for any person to willfully take possession of any
goods, wares, or merchandise offered for sale by any wholesale or retail
store or other mercantile establishment without the consent of the seller,
with the intention of converting such goods, wares, or merchandise to his
own use without having paid the purchase price thereof.
B. Shoplifting goods, wares or merchandise in an amount from $0
to $50 inclusive is a misdemeanor.
C. Shoplifting goods, wares or merchandise in an amount from $51
to $250 inclusive is a gross misdemeanor."
Section 46. Section 6.68.040 is hereby enacted as a new section of
the City of Yakima Municipal Code to read as follows:
"6.68.040 Food Stamp Crimes.
22
(1) A person who sells food stamps obtained through the program
established under RCW 74.04.500, or food purchased therewith, is guilty
of a gross misdemeanor if the value of the stamps or food transferred
exceeds one hundred dollars, and is guilty of a misdemeanor if the value of
the stamps or food transferred is one hundred dollars or less.
2 A .erson who .urchases. or who otherwise ac•uires and sells or
who traffics in food stamps as defined b the federal food stam. act as
amended, (7 U.S.C. Sec. 2011 et seq.) is guilty of a gross misdemeanor if
the face value of the stamps is one hundred dollars or less."
Section 47. Section 6.68.060 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"6.68.060 Aiding and Abetting, Receiving Stolen Property.
A. Every person who, knowing such money or property to have
been so appropriated in violation of Section 6.68.050, brings into the city,
or buys, sells, receives, or aids in concealing or withholding any property
wrongfully appropriated, either within or outside the city, in such a
manner as to constitute petty larceny under the provisions of this chapter,
or aids or abets the commission of a petty larceny in any manner specified
in this chapter, shall be guilty of petty larcen , . • . • • - : - -. -e .
disorderly person.
B. A violation of this section is a misdemeanor."
Section 48. Section 6.68.070 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"6.68.070 Determination of Value.
The value of all instruments not having a market value, whether
issued or delivered or not, or by which any claim, privilege, right,
aggregation, or authority, or any right or title to property, real or
personal, or purports to be, or upon the happening of some future event
may be evidenced, created, acknowledged, transferred, increased,
diminished, encumbered, defaulted, discharged, or effected affected, shall
be deemed to be the amount of money due thereon or secured to be paid
thereby, or the value of the property transferred or effected affected, or
the title to which is shown thereby, or the sum of which might be
recovered for the want thereof, as the case may be.
In every other case not otherwise provided herein, "value" shall be
deemed to mean market value. The "market value" of retail roods e.uals
the posted •rice of the retail .00ds at the time of the alle e ed incident."
23
Section 49. Section 6.68.120 of the City of Yakima Municipal Code
is hereby repealed.
Section 50. Section 6.68.120 is hereby enacted as a new section of
the City of Yakima Municipal Code to read as follows:
"6.68.120 Theft of Rental, Leased. or Lease - Purchased Property.
1 A person who with intent to deprive the owner or owner's
agent, wrongfully obtains, or exerts unauthorized control over, or by color
or aid of deception pains control of personal pro pert that is rented or
leased to the person, is guilty of theft of rental, leased, or leased - purchased
property.
2 The finder of fact ma presume intent to deprive if the finder of
fact finds either of the following:
(a) That the person who rented or leased the property failed to
return or make arrangements acceptable to the owner of the propert or .
the owner's agent to return the propert to the owner or the owner's went
within seventy -two hours after receipt of proper notice following the due
date of the rental, lease, or lease- purchase agreement; or
(b) That the renter or lessee presented identification to the owner or
the owner's agent that was materially false, fictitious, or not current with
respect to name address place of em lo ment or other ap propriate items.
(3) As used in subsection (2) of this section, "proper notice" consists
of a written demand by the owner or the owner's agent made after the due
date of the rental lease or lease - purchase period mailed b certified or
registered mail to the renter or lessee at: (a) The address the renter or
lessee gave when the contract was made or (b) the renter or lessee's last
known address if later furnished in writing b the renter, lessee, or the
agent of the renter or lessee.
4 The replacement value of the pro pert obtained must be utilized
in determining the amount involved in the theft of rental, leased, or lease -
urchased ro erty. Theft of rental. leased, or lease - purchased property is
a gross misdemeanor if the rental, leased, or lease - purchased property is
valued at less than two hundred fifty dollars.
5 This section applies to rental agreements that provide that the
renter ma return the pro pert an time within the rental period and pay
only for the time the renter actually retained the property, in addition to
an minimum rental fee to lease as reements and to lease - purchase
agreements as defined under RCW 63.19.010. This section does not apply
to rental or leasing of real property under the residential landlord- tenant
act, chapter 59.18 RCW."
24
Section 51. Section 6.04.027 is hereby amended and recodified as
6.68.105 of the City of Yakima Municipal Code, to read as follows:
"6.68.105 Vehicle Meddle.
A. 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.
B. Vehicle meddling is a gross misdemeanor."
Section 52. Section 6.04.115 is hereby recodified as 6.68.115 of the
City of Yakima Municipal Code, to read as follows:
"6.68.115 Hotels -- Fraudulent Use.
A. Any person who obtains any food, lodging or accommodation in
any hotel, apartment house, restaurant, 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, 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.
B. Fraudulent use of hotels or restaurants is a gross misdemeanor."
Section 53. Section 6.04.140 is hereby amended and recodified as
6.68.140 of the City of Yakima Municipal Code, to read as follows:
"6.68.140 Unlawful Possession of Tools and Devices.
A. It is unlawful for any person to make or mend, or cause to 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 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
25
devices without the use of money or coins, is declared to be a disorderly
person.
B. Violation of this section is a misdemeanor."
Section 54. Section 6.68.180 is hereby enacted as a new section of
the City of Yakima Municipal Code to read as follows:
"6.68.180 Obscuring Identity of a Machine.
RCW 9A.56.180 is adopted by reference, as now or hereafter
amended."
Section 55. Section 6.04.307 is hereby amended and recodified as
6.68.307 of the City of Yakima Municipal Code, to read as follows:
"6.68.307 Defrauding Taxicab Operator.
A. It is unlawful for an person to hire the services of a taxicab
with the intent to defraud the operator thereof and to refuse to pa such
operator the fare for such services according to the rates established by
law. For purposes of this section the refusal of an 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.
B. Defrauding a taxicab operator is a misdemeanor."
Section 56. Chapter 6.70 of the City of Yakima Municipal Code is
hereby repealed.
Section 57. Chapter 6.71 of the City of Yakima Municipal Code is
hereby repealed.
Section. 58. Chapter 6.74 of the City of Yakima Municipal Code is
hereby repealed.
Section 59. Chapter 6.75 is hereby enacted as a new Chapter of the
City of Yakima Municipal Code to read as follows:
"Chapter 6.75 Obstructing Passage on Streets and Sidewalks..
6.75.010 Failure to Disperse on Order.
A. It is unlawful for any person, group, or assemblage of persons
whose standing, remaining or being congregated upon any public street or
sidewalk in the city of Yakima shall obstruct, prevent or interfere with the
26
. ' I
free and unobstructed use of such street or sidewalk by other persons, to
fail or refuse to move on or disperse upon being ordered so to do by any
police officer of the city of Yakima or other peace officer.
B. A violation of this section is a misdemeanor.
6.75.020 Pedestrian or vehicular interference.
A. A person is guilty of pedestrian or vehicular interference if, in a
public place in the city of Yakima, he or she intentionally:
1. Obstructs pedestrian or vehicular traffic; or
2. Aggressively begs.
B. Among the circumstances to be considered in determining
whether a person intends to aggressively beg are whether that person:
1. Touches the person solicited;
2. Follows the person solicited;
3. Directs profane or abusive language toward the person solicited;
4. Uses violent or threatening gestures toward the person solicited;
or
5. Persists in begging after the person solicited has given a negative
response.
C. The following definitions apply to section A of this section:
1. "Obstructs pedestrian or vehicular traffic" means to walk, stand,
sit, lie or place an object in such a manner as to block passage by another
person or vehicle to such an extent that evasive action is necessary to avoid
physical contact. Innocent acts which unintentionally and inadvertently
block traffic or cause others to take evasive action; acts authorized as an
exercise of one's Constitutional right to picket or to legally protest; and
acts authorized by permit issued pursuant to this code shall not constitute
on obstruction or interference with pedestrian or vehicular traffic.
2. "Aggressively beg" means to beg with the intent to intimidate
another person into giving money or goods.
3. "Intimidate" means to engage in conduct which would make a
reasonable person fearful or feel compelled.
4. "Beg" means to ask for money or goods as a charity, whether by
words, bodily gestures, signs, or other means.
5. "Public place" means an area generally visible to public view and
includes, but is not limited to, alleys, bridges, buildings, driveways,
parking lots, parks, plazas, sidewalks and streets open to the general public,
and doorways and entrances to buildings or dwellings accessible to the
public and the grounds enclosing them.
6.75.030 Prohibiting use on roadway.
27
It is unlawful for any person to roller skate or ride in or by means
of any skateboard, coaster, toy vehicle, or similar device, upon any
roadway except while lawfully crossing a street.
6.75.040 Prohibitions in Central Business District.
It is unlawful to roller skate, ride a bicycle or ride in or by means of
any skateboard, coaster, toy vehicle or similar device on any private or
public sidewalk, mall or other public or private way open for pedestrian
travel within the central business district as defined by Section 9.10.010 of
this code; provided, that any such prohibition does not apply to a law
enforcement officer in the course of his or her official duties.
6.75.050 Right -of -way.
It is unlawful for any person on roller skates or riding in or by
means of any skateboard, coaster, toy vehicle, or similar device to fail to
yield the right -of -way to any pedestrian.
6.75.060 Obstructing Sidewalk with Merchandise.
It is unlawful for any person to place, or cause or suffer to be placed
by any person in his employ or under his control, any goods, wares,
clothing, merchandise, produce or food products of any nature, whether of
the same description or not, on any sidewalk or crosswalk in front of or
alongside of his place of business for the purpose of display or for any
other purpose, except while in the actual course of receipt or delivery, or
to use any portion of any sidewalk for the purpose of displaying, selling,
measuring, packing or weighing any article or thing whatsoever for sale.
6.75.070 Penalty for violation.
Unless otherwise noted within this chapter, any violation of this
chapter is an infraction. The maximum civil infraction penalty for a first
violation of this section within a one -year period shall be ninety -five
dollars; for a second offense within a one -year period the penalty shall be
one hundred and fifty dollars; and for a third or subsequent violation
within a one -year period, the penalty shall be two hundred and fifty
dollars."
Section 60. 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.
28
.
PASSED BY THE CITY COUNCIL, signed and approved this
Pe:D
,� day of i—r341.lArk,/ , 199R .
e 2 L / .�- 1(
( Puccinelli, Mayor
A TTEST: ��
1 jam-,, /C �w,_
CITY CLERK
Publication Date: a ^ 6 -S'
Effective Date: 3 -`3* T8
29
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of ./ 3 /q
ITEM TITLE: An ordinance relating to Public Safety and Morals.
SUBMITTED BY: Scott Brumback, Assistant City
Attorney
CONTACT PERSON /TEL #: Jeff B. West, Senior Assistant City Attorney,
575 -6033
SUMMARY EXPLANATION: ESSB 6211 requires the City of Yakima to pay for the
prosecution, adjudication, sentencing and incarceration of all misdemeanor and gross
misdemeanors which arise within the City of Yakima. In order to avoid paying Yakima
County to prosecute misdemeanor violations arising in the City of Yakima, a full range of
misdemeanor and gross misdemeanor criminal ordinances must be incorporated into the
Yakima Municipal Code. In addition, the criminal law portion of the Yakima Municipal
Code must be re- organized for the convenience of citizens and law enforcement officers
who will reference the code. The Municipal Court judge and commissioner require
contempt powers and the authority to use posted cash bail to pay a defendant's court fines.
A new peeping ordinance has been drafted to address egregious invasions of privacy. In
addition, clerical corrections must be made to selected ordinances. Adoption of these
ordinances will have budgetary impacts in terms of additional jail costs and processing
costs. However, these costs are the result of unfunded mandates imposed by ESSB 6211.
Resolution Ordinance x Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pass ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
•
1