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HomeMy WebLinkAbout4758 ORDINANCE NO. 4 7 5 8 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, AMENDING CHAPTER 9.02 ENTITLED "ASSAULT" BY ADDING SECTION 9.02,030 ENTITLED "FIGHTING IN PUBLIC" AND SECTION 5 9.02.040 ENTITLED "PEDESTRIAN/VEHICULAR INTERFERENCE" CONTAINED IN AUBURN CITY CODE TITLE 9 ENTITLED "PUBLIC PEACE, 6 MORALS AND WELFARE". 7 WHEREAS, the Washington state legislature has provided 8 that enforcement ordinances relating to and regulating 9 municipal affairs, may be created with the violation of such 10 ordinances to constitute misdemeanor or gross misdemeanor ]] violations; and 12 WHEREAS, that fighting in public, by its very nature, is 13 a serious threat to the public health, safety and welfare in 14 the City of Auburn. 15 WHEREAS, that pedestrian and vehicular interference, by 18 its very nature, is a serious threat to the public health, 17 safety, and welfare in the City of Auburn. 18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, ]9 WASHINGTON, DO ORDAIN AS FOLLOWS: 20 Section 1. PURPOSE. The purpose of this Ordinance is 2] as follows: 22 To amend Chapter 9.02 entitled "ASSAULT" by adding 23 section 9.02.030 entitled "FIGHTING IN PUBLIC", and by adding 24 25 28 Ordinan~ No. ~58 June 30, Page 1 section 9.02.040 entitled "PEDESTRIAN/VEHICULAR INTERFERENCE" 2 contained in Auburn City Code Title 9 entitled "PUBLIC PEACE, 3 MORALS AND WELFARE". 4 Section 2. Sections 9.02.030 and 9.02.040 are adopted 5 as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 7 Section 3. Constltutionality or Invalidity. If any 8 section, subsection, clause or phrase of this Ordinance is for 9 any reason held to be invalid or unconstitutional, such 10 invalidity or unconstitutionality shall not affect the 11 validity or constitutionality of the remaining portions of ]2 this Ordinance, as it being hereby expressly declared that 13 this Ordinance and each section, subsection, sentence, clause 14 and phrase hereof would have been prepared, proposed, adopted 15 and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be 17 declared invalid or unconstitutional. ]8 Section 4. The Mayor is hereby authorized to implement 19 such administrative procedures as may be necessary to carry 20 out the directions of this legislation. 2] 22 23 24 25 28 O~]nan~ No. 4758 June 30, 1995 Page 2 1 Section 5. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. 4 5 INTRODUCED: July 17, 1995 6 PASSED: July 17, 1995 July 17, 1995 8 APPROVED: 9 11 MAYOR 12 13 ATTEST: 14 15 ½~er, Danielle E. Daskam, Deputy 16 City Clerk 17 18 APPROVED AS TO FORM: 19 Mich~j.R~eyn 20 olds, 21 City Attorney PublIshED: 24 25 26 O~inan~ No. 4758 June 30, 1995 Page 3 1 2 EYR_IBIT 3 TITLE 9 4 PUBLIC PE&CE, MOI~LS ~ WELFARE 5 CHAPTER 9.02 6 ASSAULT ? SECTION 9.02.030 8 FIGHTING IN PUBLIC 9 SECTION 9.02,040 10 PEDESTRIKN/VEHICULKR INTERFERENCE 11 Sections: 12 9.02.010 Assault 9.02.020 Provoking Assault 13 9.02.030 Fighting in Public 9.02.040 Pedestrian/Vehicular Interference 14 15 9.02.010 Assault. 16 An assault is an attempt, in a rude, insolent and angry 17 manner, unlawfully to touch, strike, beat, or wound another 18 19 person, coupled with a present ability to carry such attempt into execution, and every person committing such assault is in 20 violation of this code and shall be guilty of a misdemeanor. 21 23 25 26 O~inan~ No. 4758 Bxh~ix Junc 30, 1995 Page 4 1 9.02.020 Provoking Assault. 2 It is unlawful for any person, byword, sign, or gesture, 3 to willfully provoke , or attempt to provoke, another person 4 to commit an assault or breach of the peace shall be guilty of 5 a misdemeanor. 9.02.030 Fighting in Publio 8 Any person who causes. provokes. engages in. or 9 encourages others in any fight or brawl shall be guilty of a 10 misdemeanor. 11 12 9.02.040 Pedestrian/Vehicular Interference 13 14 A. The following definitions apply in this section: 15 1. "Aqgressively beg" means to beg with the intent 16 to intimidate another person into giving money or goods, 17 2. "Intimidate" means to engage in conduct which 18 would make a reasonable person fearful or feel compelled. 19 3, "Beg" means to ask for monev or goods as a 20 charity, whether by words, bodily gestures, signs, or other 21 means. 22 4. "Obstruct pedestrian or vehicular traffic" 23 means to walk, stand, sit, lie, grasp, or place an object in 24 25 26 O~inan~ No. 4758 Exhibit June 30, 1995 Pa~ 5 1 such a manner as to block passage by another person or 2 vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. 4 5. "Public place" means an area generally visible 5 to public view and includes alleys, bridges, buildings, 7 driveways, parking lots, parks, plazas. sidewalks, and streets 8 open to the general public, including those that serve food or drink or provide entertainment, and doorways and entrances to 9 buildings or dwellings and the grounds enclosing them. 10 B. It is unlawful for any person to intentionally block ]] ]2 passage of another person or a vehicle if, in a public place, he or she obstructs pedestrian or vehicular traffic or ]3 aggressively begs and shall be ~uilty of a misdemeanor. 14 C. Exception: Acts authorized as an exercise of 15 one's constitutional right to picket or legally protest. 16 17 18 19 20 21 22 24 25 Ordinan~ No. 4758 Exhibit "A" June 30, 1995 Page 6