HomeMy WebLinkAbout3696 ORDINANCE NO. ~ ~
AN ORDINANCE amending Ordinance No. 3529, Sec-
tion 2, Article VI(A), 1979, and declaring an
emergency.
WHEREAS, the City Council of the City of Bremerton has
heretofore examined the existing ordinance defining the offense
of Obstructing a Public Officer and found it to be unconstitution-
ally vague in that it fails to give fair notice of what activities
are required or forbidden, and encourages arbitrary and erratic
stops and arrests; and
WHEREAS, the City Council feels that the existing or-
dinance must be repealed and the offense of Obstructing a Public
Officer be redefined in a more narrowly drawn and carefully cir-
cumscribed manner; now, therefore
THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS:
SECTION 1: AMENDING OBSTRUCTING A PUBLIC OFFICER
ORDINANCE.
Ordinance No. 3529, Section 2, Article VI(A), 1979, is
amended to read as follows:
OBSTRUCTING A PUBLIC OFFICER.
A person is guilty of Obstructing a Public Officer
if, with knowledge that the person obstructed is a public officer,
he:
1. Knowingly or intentionally refuses to furnish
any statement, report or information requested by such
officer, pursuant to a lawful investigatory stop; or
2. Knowingly or intentionally provides false or
misleading information to a public officer, and such
officer is acting lawfully in a governmental function; or
3. Intentionally and physically interferes with a
public officer, or intentionally refuses to leave the
scene of an investigation of a crime while an investiga-
tion is in progress, after being requested to leave by
a public officer acting lawfully in a governmental func-
tion; or
4. Intentionally refuses to cease an activity or
behavior that creates a risk of injury to any person
when ordered to do so by a public officer, and such
officer is acting lawfully in a governmental function; or
5. Intentionally destroys or attempts to destroy
any material which he knows a public officer is lawful-
ly attempting to obtain, secure or preserve, during the
lawful investigation, search or arrest.
SECTION 2: EMERGENCY.
This ordinance is declared to be passed on an emergency
basis due to the fact that the current ordinance is unconstitution-
ally vague and fails to adequately protect the citizens of the City
of Bremerton.
PASSED by the City Council of the City of Bremerton,
Washington, signed by the Mayor and attested by the City Clerk in
authentication of such passage this ~~~- M~ r~'~
~ ~E~.~ON, Mayo
AT TE ST:
KATItLEEN L. MANDIO, City Clerk