HomeMy WebLinkAbout2817ORDINANCE NO. 2817
AN ORDINANCE of the City of Port Angeles,
Washington, revising the City's criminal code to
comply with recent statutes and court decisions,
amending Ordinance Nos. 2129, 2149, 2188, 2194,
2213, 2220, 2241, 2404, 2442, 2445, 2447 and
2612 and Title 9 of the Port Angeles Municipal
Code, and repealing PAMC 9.16.180, 9.34.040,
9.34.080 and 9.34.085.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance Nos. 2442, 2188 and 2129 and Chapter
9.16 of the Port Angeles Municipal Code are hereby amended by
amending PAMC 0.16.130 to read as follows:
9.16.130 Unlawful Issuance of Bank Check.
A. Any person who shall with intent to defraud, make,
draw, utter, or deliver to another person any check, or draft, on
a bank or other depository for the payment of money, knowing at the
time of such drawing, or delivery, that he has not sufficient funds
in, or credit with the bank or other depository, to meet the check
or draft, in full upon its presentation, shall be guilty of
unlawful issuance of bank check.
B. The word "credit ", as used herein, shall be construed
to mean an arrangement or understanding with the bank or other
depository of the payment of such check or draft, and the uttering
or delivering of such a check or draft to another person without
such fund or credit to meet the same shall be prima facie evidence
of an intent to defraud.
C. Any person who shall with intent to defraud, make,
draw, utter, or deliver to another person any check, or draft on a
bank or other depository for the payment of money and who issues a
stop - payment order directing the bank or depository on which the
check is drawn not to honor the check, and who fails to make
payment of money in the amount of the check or draft or otherwise
arrange a settlement agreed upon by the holder of the check within
thirty twenty days of issuing the check or draft shall be guilty
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of unlawful issuance of a bank check.
D. Unlawful issuance of a bank check in an amount of two
hundred fifty dollars or less is a misdemeanor punishable by
imprisonment for a term of not more than one year or by a fine of
not more than five thousand dollars, or both and shall be punished
as follows:
a. The Court shall order the defendant to make full
restitution;
b. The defendant need not be imprisoned, but the
court shall impose a minimum fine of five hundred dollars. Of the
fine imposed, at least fifty dollars shall not be suspended or
deferred. Upon conviction for a second offense within a twelve-
month period, the court may suspend or defer only that portion of
the fine which is in excess of five hundred dollars.
Section 2. Ordinance Nos. 2442 and 2129 and Chapter 9.16
of the Port Angeles Municipal Code are hereby amended by repealing
PAMC 9.16.180.
Section 3. Ordinance Nos. 2442 and 2129 and Chapter 9.16
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 9.16.190 to read as follows:
9.16.190 Fraud in Obtaining Cable Television Services. Any
person who intentionally and knowingly obtains broadcast signals
from a cable antenna television system by making any connection by
wire to the cable, excepting from the wall outlet to the set, and
who makes the connection without the consent of the operator of the
system and in order to avoid payment to the operator shall be
guilty of a Class II Class I misdemeanor.
Section 4. Ordinance Nos. 2442, 2220, and 2188 and Chapter
9.16 of the Port Angeles Municipal Code are hereby amended by
amending PAMC 9.16.900 to read as follows:
9.16.900 Classification of Crimes. Any person convicted of
violating Sections 9.16.130 9.16.160 or 9.16.170 of this Chapter
shall be guilty of a Class I misdemeanor, and sentenced
accordingly, where:
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A. The value of the property,— or services or checks
forming the basis of the charge is equal to or greater than one
hundred dollars; or
B. The person charged has been convicted or forfeited
bail, within five years of the date of the incident or incidents
forming the basis of the charge, of two or more previous crimes of
theft, possession of stolen property, unlawful issuance of bank
checks, or any kind of fraud under any city, county, state or
federal law.
C. All other violations of Sections 9.16.130, 9.16.160 or
9.16.170 shall be Class II misdemeanors and sentenced accordingly,
provided that the court shall impose a minimum fine of five hundred
dollars. Of the fine imposed, at least fifty dollars shall not be
suspended or deferred where the conviction is the first such
conviction within any twelve -month period. Upon conviction of a
second offense within any twelve -month period of a crime of theft,
possession of stolen property, unlawful issuance of bank checks or
any kind of fraud under any city, county, state or federal law, the
court may suspend or defer only that portion of the fine which is
in excess of five hundred dollars.
Section 5. Ordinance No. 2447 and Chapter 9.24 of the Port
Angeles Municipal Code are hereby amended by amending PAMC 9.24.010
to read as follows:
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
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property, the person or agent of the person in control thereof; or
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.. —.,
punishable by imprisonment for not more than 90 days, or a fine of
not more than one thousand dollars, or both.
Section 6. Ordinance Nos. 2442, 2188, and 2129 and Chapter
9.34 of the Port Angeles Municipal Code are hereby amended by
amending PAMC 9.34.030 to read as follows:
9.34.030 Furnishing Liquor to Minors - Possession, Use -
Exhibition of Affects - Exceptions. Except in the case of liquor
dentist for medicinal purposes, no person shall give or otherwise
or on any premises under his central. Furnishing liquor to a minor
13 a Class I misdemeanor.
(1) It is unlawful for any person to sell, give, or
otherwise supply liquor to any person under the age of twenty -one
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
watercraft.
(2)(a) It is unlawful for any person under the age of
twenty -one years to possess, consume, or otherwise acquire any
liquor.
(b) It is unlawful for a person under the age of twenty -
one years to be in a public place, or to be in a motor vehicle in
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a public place, while exhibiting the effects of having consumed
liquor. For purposes of this subsection, exhibiting the effects of
having consumed liquor means that a person has the odor of liquor
on his or her breath and either: (i) is in possession of or close
proximity to a container that has or recently had liquor in it; or
(ii) by speech, manner, appearance, behavior, lack of coordination,
or otherwise, exhibits that he or she is under the influence of
liquor. This subsection (2)(b) does not apply if the person is in
the presence of a parent or guardian or has consumed or is
consuming liquor under circumstances described in subsection (4) or
(5) of this section.
(3) Subsections (1) and (2)(a) of this section do not
apply to liquor given or permitted to be given to a person under
the age of twenty -one 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 twenty -one years on any premises licensed under Chapter
66.24 RCW.
(4) This section does not apply to liquor given for
medicinal purposes to a person under the age of twenty -one years by
a parent, guardian, physician, or dentist.
(5) This section does not apply to liquor given to a
person under the age of twenty -one years when such liquor is being
used in connection with religious services and the amount consumed
is the minimal amount necessary for the religious service.
Section 7. Ordinance Nos. 2442, 2188 and 2129 and Chapter
9.34 of the Port Angeles Municipal Code are hereby amended by
repealing PAMC 9.34.040.
Section 8. Ordinance Nos. 2442 and 2129 and Chapter 9.34
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 9.34.050 to read as follows:
9.34.050 Minor Purchasing or Attempting to Purchase
Liquor. It shall be unlawful for any person under the age of
twenty -one years to purchase or attempt to purchase liquor. Minor
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purchasing or attempting to purchasc liquor is a Claus II
Section 9. Ordinance Nos. 2442 and 2129 and Chapter 9.34
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 9.34.060 to read as follows:
9.34.060 Treating Minor, etc. in Public Place Where Liquor
Sold. Any person who invites a minor into a public place where
liquor is sold and treats, gives or purchases liquor for such
minor, or permits a minor to treat, give or purchase liquor for
him; or holds out such minor to be over the age of twenty -one years
to the owner of the liquor establishment, shall be guilty of a
Class II misdemeanors punishable by imprisonment for not more than
90 days or a fine of not more than one thousand dollars, or both.
Section 10. Ordinance Nos. 2442 and 2129 and Chapter 9.34
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 9.34.070 to read as follows:
9.34.070 Minor Frequenting Taverns - Misrepresentation of
Age. It shall be a Class II misdemeanor) punishable by
imprisonment for not more than 90 days or a fine of not more than
one thousand dollars, or both.
A. To serve or allow to remain on the premises of any
tavern any person under the age of twenty -one years;
B. For any person under the age of twenty -one years to
enter or remain on the premises of any tavern;
C. For any person under the age of twenty -one years to
represent his age as being twenty -one or more years for the purpose
of securing admission to or remaining on the premises of any
tavern.
Section 11. Ordinance No. 2442 and Chapter 9.34 of the
Port Angeles Municipal Code are hereby amended by repealing PAMC
9.34.080.
Section 12. Ordinance Nos. 2442, 2404 and 2149 and Chapter
9.34 of the Port Angeles Municipal Code are hereby amended by
repealing PAMC 9.34.085.
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Section 13. Ordinance Nos. 2442 and 2129 and Chapter 9.34
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 9.34.090 to read as follows:
9.34.090 Alcoholic Beverages. It shall be unlawful for any
person to open or consume alcoholic beverages in any public place
in the City wherein such conduct is not otherwise permitted by the
laws of the State of Washington or ordinances of the City of Port
angeles as now existing or hereafter enacted or amended. Consuming
alcohol in public is a C1a33 II misdemeanor.. —_,_ punishable by a fine
of not more than one hundred dollars.
Section 14. Ordinance Nos. 2442 and 2129 and Chapter 9.34
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 9.34.110 to read as follows:
9.34.110 Sales to Persons Apparently Under the Influence
of Liquor. Any person selling any liquor to any person apparently
under the influence of liquor shall be guilty of a Cla:c II
misdemeanor punishable as set forth in PAMC 9.34.200.
Section 15. Ordinance Nos. 2442 and 2129 and Chapter 9.34
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 9.34.130 and 9.34.140 to read as follows:
9.34.130 Drinking in a Public Conveyance - Penalty Against
Individual. Every person who shall drink any intoxicating liquor
in any public conveyance, except in a compartment or place where
sold or served under the authority of a license lawfully issued,
shall be guilty of a Clasc II misdemeanor.. —_,_ punishable by
imprisonment for not more than 90 days or a fine of not more than
one thosand dollars, or both.
9.34.140 Unlawful Transfer to a Minor of an Identification
of Age. Any person who transfers in any manner an identification
of age to a minor for the purpose of permitting such minor to
obtain alcoholic beverages shall be guilty of a misdemeanor;
provided, that corroborative testimony of a witness other than the
minor shall be a condition precedent to conviction. Unlawful
transfer to a minor of an identification of age shall be a C1a33 II
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- demeanor punishable as provided in PAMC 9.34.200 except that a
minimum fine of two hundred fifty dollars shall be imposed and any
sentence requiring community service shall not require fewer than
25 hours of such service.
Section 16. Ordinance Nos. 2442 and 2129 and Chapter 9.34
of the Port Angeles Municipal Code are hereby amended by amending
PAMC 9.34.150, .160 and .180 to read as follows:
Section 9.34.150 Licensed Premises Open to Inspection-
Failure to Allow. All licensed premises used in the manufacture,
storage or sale of liquor, or any premises or pats of premises used
or in any way connected, physically or otherwise, with a licensed
business, shall at all times be open to inspection by any inspector
or peace officer. Every person being on any such premises and
having charge thereof, who refuses or fails to admit an inspector
or peace officer demanding to enter therein pursuant to this
Section and in execution of his duty, or who obstructs or attempts
to obstruct the entry of such inspector or officer of the peace, or
who refuses to allow an examination of the books of the licensee or
who refuses or neglects to make any return pursuant to Title 66 RCW
or regulations promulgated pursuant thereto shall be guilty of a
Class II misdemeanor punishable as set forth in PAMC 9.34.200.
9.34.160 Lighting. All holders of retail licenses for the
sale of liquor for consumption on the premises shall provide in and
about the parts of such premises, which are open to and are used by
the public, sufficient lighting so that all objects are plainly
visible at all times and all parts of such premises shall be
illuminated so that patrons on any part of the premises on which
intoxicating liquor is served shall be able to read a menu or
liquor list printed in eight -point type. Improper lighting is a
Clacc II misdemeanor punishable as set forth in PAMC 9.34.200.
9.34.180 Conduct on Licensed Premises.
A. No licensee, or employee thereof, shall be disorderly,
boisterous or intoxicated on the licensed premises, or on any
public premises adjacent thereto which are under the licensee's
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control, nor shall any licensee, or employee thereof, permit any
disorderly, boisterous or intoxicated person to be thereon; nor
shall any licensee, or employee thereof, use or allow the use of
profane or vulgar language thereon.
B. No licensee, or employee thereof, shall consume liquor
of any kind while working on the licensed premises.
C. Improper conduct on licensed premises shall be a Cla3a
11 misdemeanor punishable as set forth in PAMC 9.34.200.
Section 17. Ordinance Nos. 2442, 2129, 2220, 2213, 2188,
2241, 2194, 2447, 2612, 2404, 2149, and 2445 and Chapter 9.34 of
the Port Angeles Municipal Code are hereby amended by adding a new
section to read as follows:
9.34.200 General Penalties.
Every person guilty of a violation of this Chapter for
which no penalty has been specifically provided shall be liable, on
conviction, for a first offense to a penalty of not more than five
hundred dollars, or to imprisonment of not more than two months, or
both; for a second offense to imprisonment for not more than six
months; and for a third or subsequent offense to imprisonment for
not more than one year. If the offender convicted of an offense
referred to in this Section is a corporation, it shall for a first
offense be liable to a penalty of not more than five thousand
dollars, and for a second or subsequent offense to a penalty of not
more than ten thousand dollars, or to forfeiture of its corporate
license, or both.
Section 18. Ordinance No. 2447 and Chapter 9.42 of the
Port Angeles Municipal Code are hereby amended by amending PAMC
9.42.030 to read as follows:
9.42.030 Stun Guns. No person shall knowingly possess or
have under his control, with the intent to assault, threaten,
intimidate, or harm another or to facilitate the commission of a
crime, any electronic stun gun or other device designed to deliver
an electronic charge, which apparently is capable of producing
bodily harm or incapacitation to any degree, in a manner, under
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circumstances, and at a time and place that either manifests an
intent to intimidate another or that warrants alarm for the safety
of other persons,
another in any degree, whether temporary or permanent; provided
that this Section shall not apply to law enforcement officers
engaged in the lawful performance of their duties. Any stun gun or
other device possessed in violation 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 19 - 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 circumstances, is
not affected.
Section 20 - Effective Date. This Ordinance shall take
effect five days after publication.
PASSED by the City Council of the City of Port Angeles at
a regular meeting of said Council held on the 21st day of June
1994.
ATTEST:
Becky J i p ' , Ci y Clerk
94.14
zx. (AI-
M A Y O
APPROVED AS TO FORM:
Craig D Knutson, City Attorney
PUBLISHED: June 26, 1994
(By Summary)
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on June 21, 1994
Ordinance No. 2809
This Ordinance of the City of Port Angeles rezones approximately 1.6 acres located between Laurel and
Lincoln Streets south of Lauridsen, legally described as Lots 1 - 10 inclusive, Block 24, Puget Sound
Cooperative Colony's Second Addition to Port Angeles, Washington, as per plat thereof recorded in
Volume 4 of Plats, Page 161/2, records of Clallam County, State of Washington, from RS -7, Residential
Single- Family, to CSD, Community Shopping District.
Ordinance No. 2812
This Ordinance of the City of Port Angeles establishes the Law Enforcement Firearms Range Fund for
administration of funds in connection with the construction, operation and maintenance of a law
enforcement firearms range and further provides for the setting of fees for use of the firing range.
Ordinance No. 2813
This Ordinance of the City of Port Angeles pertains to an exemption from the solid waste collection tax
whereby the landfill tonnage rate shall be reduced by 4.6 % for the federal government, its agencies and
instrumentalities, and all refuse service contracts for such shall be exempt under WAC 458 -20 -250 from
payment of the 4.6 % solid waste collection tax, so that the rate for same shall be $73.27. This Ordinance
amends Ordinance No. 2317, as amended, and Chapter 13.56 of the Port Angeles Municipal Code.
Ordinance No. 2814
This Ordinance of the City of Port Angeles revises the solid waste rate schedule to allow for the excise tax
exemption for federal accounts, and amends Ordinance No. 2317, as amended, and Section 13.54.040 of
the Port Angeles Municipal Code.
Ordinance No. 2815
This Ordinance of the City of Port Angeles pertains to fees and deposits for the connection and
disconnection of utility services, by establishing a fee of $22.00 for utility connections or reconnections
during regular working hours (8 a.m. to 4:30 p.m.), a fee of $22.00 for field collection (when City
employee makes arrangement for payment in the field in the process of disconnection for nonpayment), a
utility deposit of $250.00 for single - family residences, and a fee of $16.00 for collection by certified mail.
This Ordinance repeals PAMC 13.12.091 and amends Title 13 of the Port Angeles Municipal Code.
Ordinance No. 2816
This Ordinance of the City of Port Angeles revises the restriction against peddling without an invitation to
do so by prohibiting peddling at private residences for the purpose of soliciting orders for the sale of goods
or services where such private residence has been posted with signs indicating that peddling, soliciting or
trespassing is not allowed. The Ordinance redefines peddler to include those individuals who sell services
from house to house or place to place, and amends Ordinance No. 2050 and Chapter 5.56 of the Port
Angeles Municipal Code.
Ordinance No. 2817
This Ordinance of the City of Port Angeles revises the City's criminal code to comply with recent statutes
and court decisions, amends Ordinance Nos. 2129, 2149, 2188, 2194, 2213, 2220, 2241, 2404, 2442,
2445, 2447 and 2612 and Title 9 of the Port Angeles Municipal Code, and repeals PAMC 9.16.180,
9.34.040, 9.34.080 and 9.34.085.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office
hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days after the date of publication of these summaries.
Becky J. Upton
City Clerk
Publish: June 26, 1994