The URL can be used to link to this page

Home My WebLink About2447ORDINANCE NO. A441 AN ORDINANCE of the City of Port Angeles relating to criminal law and amending Ordinances 2129, 2188, 2213, 2404, and 2442, and Title 9 of the Port Angeles Municipal Code, adding new Chapters 9.24 and 9.42 and a new section to Chapter 9.34. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, as follows: Section 1. Ordinance 2129, as amended by Ordinances 2188, 2213, 2220, 2404, and 2442, and Title 9 of the Port Angeles Municipal Code are hereby amended by adding new chapters to Title 9, designated Chapter 9.24 and Chapter 9.42, as follows: CHAPTER 9.24 PUBLIC DISTURBANCE Sections 9.24.010 Disorderly Conduct. 9.24.020 Defense. 9.24.030 Disturbing the Peace. 9.24.010 Disorderly Conduct. A. A person is guilty of disorderly conduct if he: 1. Uses abusive language and thereby intentionally creates a risk of assault; or 2. By act or gesture intentionally creates the risk of an assault; or 3. Intentionally disrupts any lawful assembly or meeting of persons or intentionally obstructs vehicular or pedestrian traffic without express authorization from a Federal, State, County or City government official having apparent authority to do so or, if such assembly, meeting or traffic is on private property, the person or agent of the person in control thereof; or -1- 4. Knowingly urinates or defecates in any public or private place other than a public restroom, toilet, or other facility designed for such use; or 5. Engages in assaultive behavior with one or more persons in any public place in the City. B. Disorderly conduct is a Class II misdemeanor. 9.24.020 Defense. In any prosecution under Section 9.24.030(A)(5) the fact that the act of urinating or defecating did not cause reasonable affront or alarm to another shall not be a defense. 9.24.030 Disturbing the Peace. It shall be a Class II misdemeanor for any person to create a noise nuisance. For the purposes of this section, a "noise nuisance" is created where: 1. A person intentionally makes or permits to be made any excessive noise which unreasonably and knowingly disturbs another, after being given notice that such noise is causing or will cause a disturbance; or 2. The person plays or permits to be played any radio, television, musical instrument, stereo, or other machine or device for producing or reproducing sound in any manner so as to unreasonably and knowingly disturb another, after being given notice that such playing of the above instruments is causing or will cause a disturbance; or 3. A person uses or permits to be used in a residen- tial zone or in the vicinity of a hotel, motel or hospital, hand or power tools or machinery, resulting in unreasonably loud and disturbing noises between the hours of 10:00 P.M. and 7:00 A.M. -2- CHAPTER 9.42 WEAPONS Sections: 9.42.010 Discharging Firearms. 9.42.020 Air Guns. 9.42.030 Stun Guns. 9.42.010 Discharging Firearms. It shall be unlawful for any person to fire or discharge any gun, pistol or firearm of any type within the City of Port Angeles; provided that this Section shall not apply to peace officers engaged in the lawful performance of their duties, or persons discharging starting guns at athletic events, or to persons target shooting at a duly licensed shooting gallery in a carnival, circus, fair, parade, or unless otherwise allowed by ordinances of City or State or specifically authorized in writing by the Chief of Police. Dis- charging firearms shall be a Class II misdemeanor. 9.42.020 Air Guns. A. It shall be unlawful for any person to use or discharge air guns, "BB" guns, slingshots or any other device capable of shooting or hurling pellets, slugs, "BB" shot, buckshot or any other missile or pellet over, along, or across any public street, alley, property, or private property of another without the consent of the owner or person in control thereof, within the City. B. Any air gun, "BB" gun, or other device used in viola- tion of this Section may be confiscated by the Port Angeles Police Department and forfeited to the City. Discharging airguns shall be a Class II misdemeanor. 9.42.030 Stun Guns. No person shall knowingly possess or have under his control any electronic stun gun or other device designed to deliver an electronic charge, which charge physically incapacitates or disables another in any degree, whether tempor- arily or permanent; provided that this Section shall not apply to -3-- law enforcement officers engaged in the lawful performance of their duties. Any stun gun or other device possessed in viola- tion of this Section may be confiscated by the Port Angeles Police Department and forfeited to the City. Any person who violates the provisions of this Section shall be guilty of a Class I misdemeanor. Section 2. Section 9.34.170 of Ordinance 2129, Section 9.34.170 of Section 1 of Ordinance 2442, and Section 9.34.170 of Title 9 of the Port Angeles Municipal Code are hereby amended to read as follows: 9.34.170 Closing Hours. No retail licensee or employee thereof shall sell, deliver, offer for sale, serve or allow to be consumed upon the licensed premises any alcoholic beverage, or permit the removal of any alcoholic beverage from the licensed premises, in any manner whatsoever between the hours of 2:00 A.M. and 6:00 A.M., except on New Year's Day when the hour of closing shall not be later than 3:00 A.M. During closed hours, no person except a licensee or employee thereof shall be permitted to remain in a tavern or cocktail lounge portion of any class H licensed premises. Violation of this Section shall be a Class II misdemeanor. Section 3. Ordinance 2129, Ordinance 2442 and Title 9 of the Port Angeles Municipal Code are hereby amended by repealing Section 9.42.060 of Ordinance 2129, Section 9.42.060 of Section 1 of Ordinance 2442, and Section 9.42.060 of Title 9 of the Port Angeles Municipal Code. Section 4 Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circum- stances, is not affected. Section 5 Effective Date. The immediate effectiveness of this Ordinance is necessary for the preservation of the public -4- health, safety, and welfare, and shall therefore take effect upon execution. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of June, 1987. ATTEST: S erri L. Anderson, City Clerk APPRQVED AS TO FORM: _./1? - //044-/- /0,_ Craig D.`utson, City Attorney PUBLISHED: -5- M E M O R A N D U M June 12, 1987 TO: City Council FROM: City Attorney SUBJ: Criminal Code Ordinance Amendments ISSUE: Should the City Council revise the criminal code by amending the ordinance on air guns and adding prohibitions on public disturbance, possession of stun guns, discharging a firearm, and members of the public remaining in bars after closing hours? BACKGROUND /ANALYSIS: The proposed change in the air guns ordinance restores existing law to make it clear that BB guns cannot be used on or over private property without the consent of the owner. The proposed ordinances against public disturbance and discharging a firearm differ from state law. After some experience under and review of the new code, it is felt these differences merit readoption. The other suggested ordinances are requested by the police to address new problems not covered by state law. RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending the criminal code. DSK:sr Attachment