HomeMy WebLinkAbout4758 ORDINANCE NO. 4 7 5 8
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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
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Ordinan~ No. ~58
June 30,
Page 1
section 9.02.040 entitled "PEDESTRIAN/VEHICULAR INTERFERENCE"
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contained in Auburn City Code Title 9 entitled "PUBLIC PEACE,
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MORALS AND WELFARE".
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Section 2. Sections 9.02.030 and 9.02.040 are adopted
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as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference.
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Section 3. Constltutionality or Invalidity. If any
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section, subsection, clause or phrase of this Ordinance is for
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any reason held to be invalid or unconstitutional, such
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invalidity or unconstitutionality shall not affect the
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validity or constitutionality of the remaining portions of
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this Ordinance, as it being hereby expressly declared that
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this Ordinance and each section, subsection, sentence, clause
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and phrase hereof would have been prepared, proposed, adopted
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and approved and ratified irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase be
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declared invalid or unconstitutional.
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Section 4. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directions of this legislation.
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O~]nan~ No. 4758
June 30, 1995
Page 2
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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.
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5 INTRODUCED: July 17, 1995
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PASSED: July 17, 1995
July 17, 1995
8 APPROVED:
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11 MAYOR
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13 ATTEST:
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½~er, Danielle E. Daskam, Deputy
16 City Clerk
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18 APPROVED AS TO FORM:
19 Mich~j.R~eyn
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olds,
21 City Attorney
PublIshED:
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O~inan~ No. 4758
June 30, 1995
Page 3
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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
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Sections:
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9.02.010 Assault
9.02.020 Provoking Assault
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9.02.030 Fighting in Public
9.02.040 Pedestrian/Vehicular Interference
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9.02.010 Assault.
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An assault is an attempt, in a rude, insolent and angry
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manner, unlawfully to touch, strike, beat, or wound another
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19 person, coupled with a present ability to carry such attempt
into execution, and every person committing such assault is in
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violation of this code and shall be guilty of a misdemeanor.
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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.
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12 9.02.040 Pedestrian/Vehicular Interference
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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
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O~inan~ No. 4758 Exhibit
June 30, 1995
Pa~ 5
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such a manner as to block passage by another person or
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vehicle, or to require another person or a driver of a vehicle
to take evasive action to avoid physical contact.
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5. "Public place" means an area generally visible
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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
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buildings or dwellings and the grounds enclosing them.
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B. It is unlawful for any person to intentionally block
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]2 passage of another person or a vehicle if, in a public place,
he or she obstructs pedestrian or vehicular traffic or
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aggressively begs and shall be ~uilty of a misdemeanor.
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C. Exception: Acts authorized as an exercise of
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one's constitutional right to picket or legally protest.
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Ordinan~ No. 4758 Exhibit "A"
June 30, 1995
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