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Home My WebLink About4225 ORDINANCE NO. ~~"~ AN ORDINANCE amending impoundment of unauthorized vehicles, Chapter 9.08, UNAUTHORIZED AND JUNK VEHICLES, and Repealing 9.24.090, PROSTITUTION, 9A.20.040, CONTRIBUTING TO THE DEPENDENCY OF A CHILD, 9A.32.040, ASSAULT-PROVOKING,gA.32.050, FIGHTING, and Amending 9A.36.050, SHOPLIFTING, 9A.40.020, OBSTRUCTING A PUBLIC OFFICER, 9A.44.020, DISORDERLY CONDUCT, of the Bremerton Municipal Code. CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Amendment. Section 9.08.010 is hereby amended to read as follows: 9.08.010 DEFINITION. "Unauthorized vehicle" means a vehicle that is subject to impound after being left unattended in one of the following public or private locations for the indicated period of time: Subject to removal after: 1. Public locations: A. When a vehicle is subject to removal by an officer under RCW 46.55.113 Immediately B. Lawfully parked on a highway or publicly owned property, not including parking facilities and tagged as described in B.M.C. §9.08.020 2~ hcurs 72 hours C. Unlawfully parked on a highway or publicly owned property, not including parking facilities and tagged as described in B.M.C. §9.08.020 24 hours C. D. in a publicly owned or controlled parking facility, property posted under RCW 46.55.070 Immediately SECTION 2. Amendment. Section 9A.08.020 is hereby amended to read as follows: 9A.08.020. PUBLIC IMPOUND PROCEDURES (a) A law enforcement officer discovering an unattended vehicle or junk vehicle on the highway or on publicly owned property not including parking facilities, that has apparently been abandoned, shall attach to the vehicle a readily visible notification sticker containing the following information: 1. The date and time the sticker was attached; 2. The identity of the officer issuing the notice; 3. A statement that if the vehicle is not removed within ~ ..... ~,,_~ .... ,~A~ ~ ..... the time limits of section 010 commencing from the time the sticker was attached, the vehicle may by taken into custody and stored at the owner's expense; and 4. The address and telephone number where additional information may be obtained SECTION 3. Repeal. Section 9.24.090 is hereby repealed. SECTION 4. Repeal. Section 9A.20.040 is hereby repealed. SECTION 5. Repeal. Section 9A.32.040 is hereby repealed. SECTION 6. Repeal. Section 9A.32.050 is hereby repealed. SECTION 7. Amendment. Section 9A.36.050 is hereby amended to read as follows: 9A.36.050 SHOPLIFTING. (a) A person is guilty of shoplifting if he wilfully takes possession of goods, wares, or merchandise of the value of two hundred fifty dollars or less 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) A duly appointed city, county, or state law enforcement officer may, upon a charge being made and without a warrant, arrest any person whom he has cause to believe has committed or attempted to commit the crime of shoplifting. (c) Shoplifting is a misdemeanor and shall be punished by a maximum fine not to exceed five hundred dollars. The court sh~!! ~p~ ~ m~nd~tcry minimum fine of one hundred dc!!~rs upcn ~ first a subsequent conviction, the court shall impose a mandatory minimum fine of three hundred dollars and such fine shall not be suspended or deferred. (Ord. 4078 § 77, 1986). SECTION 8. Amendment. Section 9A.40.020 is hereby amended as follows: 9A.40.020 OBSTRUCTING A ~ LAW ENFORCEMENT OFFICER - PENALTY. A person is guilty of obstructing a public law enforcement officer if, with knowledge that the person obstructed is a ~,,~ law enforcement officer, he: (a) Knowingly or intentionally provides false or misleading information to a ~,,~l~~_____ law enforcement officer, and the officer is acting in the discharge of his official powers or duties; or (b) Intentionally hinders, delays or physically interferes with a=_____~"~ law enforcement officer acting in the discharge of his official powers or duties; or (c) Intentionally refuses to leave the scene of an investigation of a crime while an investigation is in progress, after being requested to leave by a ~"~- law enforcement officer acting in the discharge of his official powers or duties; or (d) Intentionally refuses to cease an activity or behavior that creates a risk of injury to any person when ordered to do so by a~_N~v~,~ law enforcement officer, and the officer is acting in the discharge of his official powers or duties; or (e) Intentionally destroys or attempts to destroy any material which he knows a public law enforcement officer is attempting to obtain, secure or preserve during an investigation, search or arrest. (Ord. 4078 §95, 1986). SEOTIO~ 9. Amendment. Section 9A.44.020 is hereby amended as follows: 9A.44.020 DISORDERLY CONDUCT. A person is guilty of disorderly conduct if ~e-or she: (a) Uses abusive lanquage and thereby intentionally creates a risk of assault; or (b) ~ca+ Unreasonably disrupts any lawful assembly or meeting of persons and refuses or wilfully fails to cease such activity when ordered to do so by a ~ law enforcement officer or a person who would to the ordinary person in actor's position be apparently in charge of the assembly or meeting; or vehicular traffic in a public place by walking, standing, sitting, lying, or placing an object in such a manner as to directly block passage by another person, or to require a person approaching to take evasive action to avoid physical contact. (Ord. 4078 §108, 1986). APPROVED by the City Council on the first reading this ~ PASSED by th~ City Council of the C~ of Bremerton this cil Pre~id~ At V APPROVED this ~ day of F~¢~~~ / 1989. ~E LOBE, Ma~6r~ ATTEST: KATHLEEN L. McCLUSKEY City Clerk ORDINANCE NO. 4225 SUMMARY AMENDING AND REPEALING CERTAIN MUNICIPAL OFFENSES AN ORDINANCE amending impoundment of unauthorized vehicles, Chapter 9.08, UNAUTHORIZED AND JUNK VEHICLES, and Repealing 9.24.090, PROSTITUTION, 9A.20.040, CONTRIBUTING TO THE DEPENDENCY OF A CHILD, 9A.32.040, ASSAULT-PROVOKING 9A.32.050, FIGHTING, and Amending 9A.36.050, SHOPLIFTING, 9A.40.020, OBSTRUCTING A PUBLIC OFFICER, 9A.44.020, DISORDERLY CONDUCT, of the Bremerton Municipal Code. 1. BMC 9.08.010, 9.08.020. The new ordinance states that a vehicle is unauthorized when it has been tagged for 72 hours. The current ordinance permits 24 hours. The change would be in accordance with the definition of abandoned vehicle in RCW 46.90.103, which establishes a second violation period of 72 hours for vehicles legally parked. 2. BMC 9.24.090. KEEPING DISORDERLY HOUSE. The current ordinance addresses noise and disturbance concerns. This is deleted as noise issues will be addressed in a noise ordinance. 3. BMC 9A.20.040. CONTRIBUTING TO THE DEPENDENCY OF A CHILD. This is not a crime under the State Law. 4. BMC 9A.32.040. ASSAULT - PROVOKING This ordinance should be deleted and addressed in the Disorderly Conduct ordinance BMC 9A.44.020. 5. BMC 9A.32.050 FIGHTING This ordinance is deleted because the assault ordinance BMC 9A.32.010 pertains to conduct described in the fighting ordinance. 6. BMC 9A.36.O50. SHOPLIFTING The maximum fine is $500.00, and minimum fine is $300.00. 7. BMC 9A.040.020 OBSTRUCTING A PUBLIC OFFICER The new language addresses law enforcement officer as opposed to public officer. This is consistent with the most recent case law which found the term public officers to be too broad. 8. BMC 9A.44.020. DISORDERLY CONDUCT. A new section is added making it unlawful to use abusive language and thereby intentionally creating a risk of assault, in accordance with Disorderly Conduct under State Law. Under the new section (C), the language is changed from "intentionally" obstructing pedestrian or vehicular traffic, to "knowingly" obstructing. A copy of the complete text of this Ordinance is available in the City Clerk's office upon request. PASSED this 16 day of August , 1989.