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HomeMy WebLinkAbout3084 O NANCE NO. AN ORDINANCE relating to the Peace, Safety and Morals of the City of Bremerton, Washington, repealing Ordinance No. 325, Sections 1, 5, 8, 9, 10, 12, 17, 28, 29 and 31, adopting a new ordinance defining the offense of Disorderly Conduct. THE CITY OF BREMERTON DOES ORDAIN: Section 1. That Chapter 9.12 of the Bremerton Municipal Code, Ordinance No. 325 Sections 1, 5, 8, 9, 10, 12, 17, 28, 29, and 31, is repealed and the following chapter is substituted therefore to read: DISORDERLY CONDUCT 1. DRUNK IN PUBLIC. It is unlawful for any person to be found under the influence of any intoxicating liquor or any drug not therapeutically administered, or the combination of intoxicating liquor and any drug in any public street, public highway, public place or building. 2. ASSAULT. It is unlawful for any person, with intent to cause bodily injury to another person to cause bodily injury to any person; or to recklessly cause bodily injury to another person; or with criminal negligence, to cause bodily injury to another person. A person is reckless or acts recklessly when he knows of and consciously disregards a substantial and unjustifiable risk and disregard of such risk constitutes a gross deviation from the standard of condUct that a reasonable and prudent man would exercise in similar circumstances. A person acts with criminal negligence when he fails to be aware of a substantial and unjustifiable risk and the failure to be aware of such risk constitutes a gross deviation from the standard of care that a reasonable and prudent man would exercise in similar circumstances. 3. DISORDERLY CONDUCT. It is unlawful for any person, without lawful authority, to knowingly make noise which unreasonably disturbs another; or disrupt any lawful -- i -- meeting or assembly; or unreasonably inconvenience pedestrian or vehicular traffic; and refuse or intentionally fail to cease such activity and to move or disperse when ordered to do so by a police officer or a person in charge of any lawful meeting or assembly. 4. HARASSMENT. It is unlawful for any person to indulge in any conduct or to repeatedly use abusive or obscene language to intentionally annoy or alarm another person, thereby creating a substantial risk of assault. 5. UNLAWFUL IDLENESS. It is unlawful for any person to make a practice of accosting other persons in any public place or any place open to the public for the purpose of begging or soliciting alms. 6. LOITERING OR PROWLING. It is unlawful for any person to loiter or prowl in a place, at a time, or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by actor or other circumstances makes it impractical, a peace officer shall, prior to any arrest for an offense under this Section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted under this section of an offense if the peace officer did not comply with the preceding sentence, or if it appears at - 2 - trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm. 7. WINDOW PEEPERS AND PEEPING TOMS. It shall be unlawful for any person to be a window peeper or peeping tom. For the purposes of this section, the terms "window peeper" and "peeping tom" are defined as: A person who goes upon premises within the City of Bremerton tenanted or occupied by any person other than himself or herself and looks through any window or windows or similar openings from the outside of any building thereon without the permission of the tenant or occupant or other lawful authority to do so. 8. SEVERABILITY. Each of the provisions of this ordinance are severable, and if any provisions shall be declared to be inv&lid, the remaining provisions shall not be affected but shall remain in force and effect. APPROVED by the City Council of the City of Bremerton on first reading this ~ ~ay of U~ ~-'", 1973. PASSED by the City Council of the City of Bremerton~ signed by the Mayor and attested by the City Clerk in authentication of such passage this day of ~/ , 1973. / GLENN K. JARSTAD ~ayor' ATTEST: