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ORDINANCE NO. 3529 Bremerton Sun
I~~ AN ORDINANCE repealing Chapters 9.O4 through ~
o! the Bremerton Municipal Code except for Chapters
9.18.O10, 020, 030, 050; 9.08, 9.24, 9.29, 9.37,
9.39.030, 9.42.O10, 020, 030, 040; 9.48, 9.50,
9.54, 9.60, 9.63, 9.88, which shall be unaffected
by this ordinance and adopting the City of Bremerton
Criminal Code Definitions and Provisions, relating
to Peace, Safety and Morals.
THE C1TY OF BREMERTON DOES ORDAIN:
SECTION 1. That the following chapters of the Bremerton Municipal
Code and Sections contained therein, and ordinances corresponding thereto,
be, and the same hereby are repealed.
SECTION
9.04 Ordinance 2886 S 1-3 9.36 Ordinance 325 S 39-41, 51,
52,55,56,56A
Ordinance 2887 S 1 Ordinance 3260 S 1
9.12 Ordinance 3084 S ] Ordznance 689
Ordinance 325 S 1,58 9.39.O10-O20 Ordinance 1606 S 1-3
Ordinance 689 9.42 Ordinance 4~8 S 1-3
Ordinance 3326 S 1 Ordinance 732 S 1,2
Ordinance 1293 S 1-2 Ordinance 838 S 1,2
9.15 Ordinance 748 S 1, 3-6 Ordinance 1130 S 1-3
Ordinance 1862 S ! 9.45 Ordinance 317 S 1,2
9.18.O40 Ordinance 1518 S 4 Ordinance 325 S 2-5
9.2] Ordinance 325 S 47-50 Ordinance 1142 S 1,2
Ordinance 783 S 1-4 Ordinance 1932 S 1,2
9.27 Ordinance 325 S 21,27 Ordinance 363
Ordinance 2444 S ~ Ordinance 2646 S 1
Ordinance 443 S 5 9.5] Ordinance 325 S 45,53,61
9.30 Ordnance 325 S 22-26 Ordinance 1979 S 2
Ordinance 443 S 1 Ordinance 337 S 1
Ordinance 325 S 38,44 Ordinange 2182 S 1-3
Ordinance 530 S 1-7 9.54 Ordinance ]367 S ]-~9,22
Ordnance ]62 S ]-3 Ordinance 2545 S 1
Ordinance 325 S ]6
9.66 Ordinance 1389 S 1,2 9.84 Ordnance 325 S 42-43
9.69 Ordinance 325 S 32-37 9.87 Ordinance 443 S 2-4,6
9.72 Ordinance 418B S 1,2 9.90 Ordinance 763 S 1-5
Ordinance 584 S 1,2 9.93 Ordinance 1641 S 1-6
Ordinance 589 S 1,2 9.96 Ordinance 325 S 30
Ordinance 775 S 1-6 9.97 Ordinance 3027 S l
9.75 Ordinance 494 S 1-10 Ordinance 3335 S 1,2
9.78 Ordinance 105 S 1,2 9.99 Ordinance 3344 S 2
9.81 Ordinance 113 S 1-4 Ordinance 2994 S 2
Ordinance 969 S 1-10
SECTION 2. That a certain document, three copies of which are on
file in the office of the City Clerk of the City of Bremerton, be marked and
designated as the City of Bremerton Criminal Code Definitions and Provisions
is hereby adopted as the City of Bremerton Criminal Code relating to peace,
safety and morals; and each and all of the regulations, provisions, conditions
and terms contained therein are hereby referred to, adopted and made a part
hereof as though fully set out in the ordinance.
APPROVED by the City Commissioners of the first reading this 2Oth
day of March, 1979.
PASSED by the City Commissioners of the City of Bremerton, signed by
the Mayor and attested by the City Clerk in authentication of such passage this
27th day of March, 1979.
' LENN K. ARSTAD, Ma ~or
ATTEST:
KA'~H-I:EEN L. MANDIO, C~ty Clerk
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CI'TY OF~BREMERTON .CRIMINAL CODE
. '~ DEFINITIONS AMD GENERAL,PROVISIONS
I. In this title unless a different meaning plainly is required:
1. "Acted" includes, where relevant, omitted to act.
2. "Actor" includes, where relevant, a person failing to act.
3. "Benefit" is any gain or advantage to the beneficiary~
including any gain or advantage to a third person pursuant
to the desire or consent of the beneficiary.
4. "Bodily injury" or "physical injury" means physical pain,
illness, or an impairment of physical condition.
5. "Building," in add~ition to its ordinary meaning, includes
any dwelling, fenced area, vehicle, railway car, cargo
container, or any other structure used for lodging of
persons or for carrying on business therein, or for the
use, sale or deposit of goods; each unit of a building
consisting of two or more units separately secured or
occupied is a separate building.
6. "Deadly weapon" means any explosive or loaded or unloaded
firearm, and includes any other weapon, device, instrument,
article, or substance, including a vehicle as defined in
this section, which, under the circumstances in which it
is used, attempted to be used, or threatened to be used,
is readily capable of causing death or serious bodily injury.
7. "Dwelling" means any building or structure, through movable
or temporary, or a portion thereof, which is used or
ordinarily used by a person for lodging.
8. "Government" includes any branch, subdivision, or agency of
the government of this state and any federal county, city
district, or other local governmental unit.
9. "Governmental function" includes any activity which a public
servant is legally authorized or permitted to undertake on
behalf of a government.
10. "Malice" and "Maliciously" import an evil intent, wish, or
design to vex, annoy, or injure another person. Malice
may be inferred from an act done in wilful disregard of
the rights of another, or an act wrongfully done without
just cause or excuse, or an act or omission of duty betraying
a wilful disregard of social duty.
11. "Officer" and "public officer" means a person holding office
under a city, county, or state government, or the federal
government who performs a public function and in so doing
is vested with the exercise of some soverign power of
government, and include all assistants, deputies, clerks,
and employees of any public officer and all persons law-
fully exercising or assuming to exercise any of the powers
or functions of a public officer.
12. "Omission" means a failure to act.
13. "Peace Officer" means a duly appointed city, county, or state
law enforcement officer.
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14. '~Pecuniary benefit" means~ any gain or advantage in the form
of money, property, commercial interest, or anything else
the primary significance of which is economic gain.
15. "Person", "he" , and "actor" include any natural person and
where relevant, a corporation, joint stock association, or
an unincorporated association.
16. "Prison" means any place designated by law for the
keeping of persons held in custody under process of
law, or under lawful arrest, including but not limited
to any state correctional institution or any county or
city jail.
17. "Prisoner" includes any person held in custody under
process of law, or under lawful arrest.
18. "Property" means anything of value, whether tangible or
intangible, real or personal.
19. "Public Place" means any street, alley, building or any
other place or area where the general public as unrestricted
access.
20. "Statute" means the consitution or an act of the legislature
or initiative or referendum of this state.
21. "Threat" means to communicate, directly or indirectly the
intent to:
a. Cause bodily injury in the future to the person
threatened or to any other person; or
b. Cause physical damage to the property of a person
other than the actor; or
c. Subject the person threatened or any other person to
physical confinement or restraint; or
d. Accuse any person of a crime or cause criminal charges
to be instituted against any person; or
e. Expose a secret or publicize an asserted fact, whether
true or false, tending to subject any person to hatred,
contempt, or ridicule; or
f. Reveal any information sought to be concealed by the
person threatened; or
g. Testify or provide information or withhold testimony
or information with respect to another's legal claim
or defense; or
h. Take wrongful action as an official against anyone or
anything, or wrongfully withhold official action, or
cause such action or withholding; or
i. Bring about or continue a strike, boycott, or other
similar collective action to obtain property which is
not demanded or received for the benefit of the group
which the actor purports to represent~ or
j. Do any other action which is intended to harm sub-
stantially the person threatened or another with
respect to his health, safety, business, financial
condition, or personal relationships.
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21. "Vehicle means a motor vehicle as defined in-the vehicle
and traffic laws, any aircraft, or any vessel equipped of
of propulsion by mechanical means or by sail.
22. Words in the present tense shall include the future tense;
and in the masculine shall include the feminine and neuter
genders; and in the singular shall include the plural; and
in the plural shall include the singular.
A. COSTS OF PROSECUTION
Whenever anyone is convicted of an offense under any section of
this penal code, or section of any other city ordinance~ in
addition to the fine imposed, he must pay the costs of prosecution.
In default of such payment, he shall be imprisoned until such
fine is paid or worked out on the basis of (eight dollars per
each day) of imprisonment.
B. VIOLATION - PENALTY
Except as otherwise specifically provided herein, any person who
commits, attempts to commit, conspires to commit or aids or
abets or is an accomplice in, or who falsely, fraudulently or
otherwise causes, coerces, requires or directs others to commit
acts declared by this ordinance to be a crime shall be guilty
of a misdemeanor and upon conviction shall be punished by a fine
not to exceed five hundred dollars, or imprisonment not to
exceed ninety days, or by both such fine and imprisonment.
C. APPLICATION OF GENEPAL PROVISIONS OF THE (Criminal Code)
The provisions of (Sections A & B) of this ordinance are
applicable to offenses defined by this ordinance or another
ordinance, unless this ordinance or such other ordinance
specifically provides otherwise.
II. LIABILITY FOR CRIMINAL CONDUCT
A. General requirements of culpability
Kinds of Culpability Defined
1. Intent. A person acts with the intent or intentionally
when he acts with the objective or purpose to accomplish
a result which constitutes a crime.
2. Knowledge. Aperson knows or acts knowingly or with
knowledge when:
a. He is aware of a fact, facts, or circumstances or
result described by a statute defining an offense;
or
b. He has information which would lead a reasonable
man in the same situation to believe that facts
exist which facts are described by a statute
defining an offense.
3. Recklessness. A Person is reckless or acts recklessly
when he knows of and disregards a substantial risk that
a wrongful act may occur and his disregard of such
substantial risk is a gross deviation from conduct that
reasonable man would exercise in the same situation.
4. Criminal negligence. A person is criminally negligent
or acts with criminal negligence when he fails to be
aware of a substantial risk that wrongful acts may occur
and his failure to be aware of such substantial risk
constitutes a gross deviation from the standard of care
that a reasonable man would exercise in the same situation.
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B. Substitutes for Criminal Negligence, Recklessness, and
knowledge. When a statute provides that criminal neglignece
suffices to establish an element of an offense, such element
also is established if a person acts intentionally, knowingly,
or recklessly. When recklessness suffices to establish an
element, such element also is established if a person acts
intentionally or knowingly. When acting knowingly suffices
to establish an element, such element also is established if
a person acts intentionally.
C. Culpability as Determinant of Grade of Offense. When the
grade of degree of an offense depends on whether the offense
is coimnitted intentionally, knowingly, recklessly or with
criminal negligence, its grade or degree shall be the lowest
for which the determinative kind of culpability is established
with respect to any material element of the offense.
D. Requirement of Wilfulness Satisfied by Acting Knowlingly.
A requirement that an offense is committed wilfully is
satisfied if a person acts knowingly with respect to the
material elements of the offense, unless a purpose to impose
further requirements plainly appears. (RCW 9A.08.010)
E. Liability for Conduct of Another-Complicity
1. A person is guilty of a crime if it is committed by the
conduct of another person for which he is legally accountable.
2. A person is legally accountable for the conduct of another
person when:
a. Acting with the kind of culpability that is sufficient
for the commission of the crime, he causes an innocent
or irresponsible person to engage in such conduct; or
b. He is made accountable for the conduct of such other
person by this title or by the law defining the crime; or
c. He is an accomplice of such other person in the conm~ission
of the crime.
F. A person is an accomplice of another person in the commission of
a crime if:
1. With knowledge that it will promote or faciliate the
commission of the crime, he
a. Solicits, co,hands, encourages, or requests such other
person to commit it, or
b. Aids or agrees to aid such other person in planning
or committing it; or
2. His conduct is expressly declared by law to establish
complicity.
G. A person who is legally incapable of committing a particular
crime himself may be guilty thereof if it is con~itted by the
conduct of another person for which he is legally accountable,
unless such liability is inconsistent with the purpose of the
provision establishing his incapacity.
Unless otherwise provided by this title or by the law defining
the crime, a person is not an accomplice in a crime by another
person if:
1. He is a victim of that crime; or
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2. He terminated his complicity prior to the commission of
the crime and either gives timely warning to the law
enforcement authorities or otherwise makes a good faith
effort to prevent the con~ission of the crime.
H. A person legally accountable for the conduct of another person
may be convicted on proof of the commission of the crime and
of his complicity therein, though the person claimed to have
committed the crime has not been prosecuted or convicted or
has been convicted of a different crime of degree of crime or
has an in, unity to prosecution or conviction or has been acquainted.
I. Criminal liability of corporations and persons acting or under
a duty to act in their behalf.
As used in this section:
1. "Agent" means any director, officer, or employee of a
corporation, or any other person who is authorized to
act on behalf of the corporation.
2. "Corporation" includes a joint stock association.
3. "High managerial agent" means an officer or director
of a corporation or any other agent in a position of
comparable authority with respect to the formulation of
corporate policy or the supervision in a managerial
capacity of subordinate employees.
J. A corporation is guilty of an offense when:
1. The conduct constituting the offense consists of an
omission to discharge a specific duty of performance
imposed on corporations by law; or
2. The conduct constituting the offense is engaged in,
authorized, solicited, requested, commanded, or tolerated
by the board of directors or by a high managerial agent
acting within the scope of his employment and on behalf
of the corporation; or
3. The conduct constituting the offense is engaged in by an
agent of the corporation, other than a high managerial
agent, while acting within the scope of his employment
and in behalf of the corporation and (i) the offense is
one defined by a statute which clearly indicates a
legislative intent to impose such criminal liability on
a corporation.
K. A person is criminally liable for conduct constituting an
offense which he performs or causes to be performed in
the name of or on behalf of a corporation to the same extent
as if such conduct were performed in his own name or behalf.
L. Whenever a duty to act is imposed by law upon a corporation,
any agent of the corporation who knows he has or shares
primary responsibility for the discharge of the duty is
criminally liable for reckless or, if a high managerial agent,
criminally negligent omission to perform the required act to
the same extent as if the duty were by law imposed directly
upon such agent.
M. Criminal Attempt
1. A person is guilty of an attempt to commit a crime if,
with intent to commit a specific crime, he does any act
which is a substantial step toward the con~ission of that
crime.
2. If the conduct in Which a person engages otherwise
constitutes an attempt to commit a crime, it is no
defense to a prosecution of such attempt that the
crime charged to have been attempted was, under the
attendant circumstances, factually or legally impossible
of commission.
3. An attempt to co~ait a crime is a misdemeanor when the
crime attempted is a gross misdemeanor or misdemeanor.
N. Action for being detained on merchantile establishment
premises for investigation - Reasonable grounds as defense.
In any criminal action brought by reason of any person
having been detained on or in the immediate vicinity of the
premises of a merchantile establishment for the purpose of
investigation or questioning as to the ownership of any
merchandise, it .shall be a defense of such action that the
person was detained in a reasonable manner and for not more
than a reasonable time to permit~such investigation Or
questioning by a peace officer, by the owner of the mercan-
tile establishment, or by the owner's authorized employee
or agent, and that such peace officer, owner, employee or
agent had reasonable grounds to believe that the person so
detained was committing or attempting to commit theft or
shoplifting on such premises of such merchandise. As used
in this section, "reasonable grounds" includes but is not
limited to, knowledge that a person has concealed possession
of unpurchased merchandise of a mercantile establishment, and
a "reasonable time" means the time necessary to pe~nit the
person detained to make a statement or to refuse to make a
statement, and the time necessary to examine employees and
records of the mercanitle establishment relative to the owner-
ship of the merchandise.
III. (Crimes) Against The Person
A. Assault
1. A person is guilty of Assault if he: Intentionally causes,
or attempts to cause bodily injury to another person.
B. Provoking Assault
Every person who shall by word, sign or gesture wilfully
provoke or attempt to provoke another person to commit an
assault or breach of the peace is guilty of a misdemeanor.
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c. Reckless Endangerment
1. A person is guilty of reckless endangerment when he
recklessly engages in conduct which creates a sub-
stantial risk of death or serious physical injury to
another person.
2. Reckless endangerment is a gross misdemeanor punish-
able by a fine of not more than $1,000 or by imprisonment
not to exceed one year or by both such fine and imprisonment.
IV. CRIMES AGAINST PROPERTY
A. Definitions
1. "Deception" occurs when an actor knowingly:
a. Creates or confirms anothers false impression
which the actor does not believe to be true; or
b. Fails to correct anothers false impression which
the actor previously has created or confirmed; or
c. Prevents another from acquiring information mat-
erial to the disposition of the property involved;
or
d. Promises performance which the actor does not
intend to perform or knows will not be performed;
or
e. Uses a credit card without authorization or which
he knows to be stolen, forged, revoked or cancelled.
2. "Obtained" means:
a. In relation to property, to bring about a transfer
or purported transfer to the obtainer or another
of a legally recognized interest in the property;
or
b. In relation to labor or service, to secure performance
thereof for the benefit of the obtainer or another.
3. "Wrongfully obtains" or "Exerts UnaUthorized Control"
means to take the property or services of another and
includes but is not necessarily limited to conduct known
as common law larceny.
4. "Owner" means a person, other than the actor, who has
possession of or any other interest in the property
involved, and without whose consent the actor has no
authority to exert control over the property.
5. "Receiving" means acquiring possession, control or title
or lending on the security of the property.
6. "Service" includes but is not limited to labor, pro-
fessional service, transportation service, the supplying
of hotel or motel accomodations, restaurant services,
entertainment, the supplying of equipment for use, and
the supplying of commodities of a public utility nature
such as gas, electricity, steam and water.
7. "Stolen" means property obtained by theft, robbery, or
extortion.
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8. "Building" means any structure, vehicle, railway car, aircraft or
watercraft used for overnight lodging of persons or for carrying
on of business therein.
B. Theft:
1. A person is guilty of theft if, with regard to property or services
[of $250.00 or less in value] he:
a. Wrongfully obtain~ or exerts unauthorized control over the
property or services of another or the value thereof, with the
intent to deprive him of such property or services; or
b. By aid of deception he obtains control over the property or
services of another or the value thereof, with intent to
deprive him of such property or services; or
c. Appropriate lost or misdelivered property or services of
another, or the value thereof, with the intent to deprive him
of such property or services.
2. Penalty: Any person convicted of theft under section B of this ordinance
shall be guilty of a misdemeanor and shall be punished by a fine not to
exceed five hundred dollars.
C. Possession of Stolen Property
A person is guilty of theft if he receives, possesses, retains or disposes
of property of another [having value of $250.00 or less], knowing that it has
been stolen or conscientiously disregarding a substantial risk that i%t has been
stolen, unless the property is received, retained or disposed of with the intent
to restore it to the c~ner.
D. Unlawful Issuance of Bank Check
I---~-~ e
Any person who, with intent to defraud, shall make., or draw, or ~er or
deliver any check, draft or order for the payment of money [in an amount of
$250.00 or less] upon any bank or other depository, knowing at the time of
such drawing or delivery tb~t the maker or drawer has not sufficient funds in,
or credit with said bank or depository, in full upon its presentation, shall
be guilty of unlawful issuance of bank check. The word "credit" as t~ed
herein shall be construed to mean an arrangement or understanding with the. bank
for the payment of such check or draft or order. The ~ or delivery of
such a check, draft or order to another person, firm or corporation without
such fund or credit to meet the same shall be prima facie evid~nnce of an intent
to defraud.
E. Shoplifting
1. A person is guilty of shoplifting if he willfully takes possession of goods,
wares or mercbx~ndise [of the value of $250.00 or less] offered for sale by
any wholesale or retail store or other mercantile establis~nent without the
consent of the seller, with the intention of converting Such goods, wares
or merchandise to his ova% use without having paid the purchase price thereof.
2. A duly appointed city, county or state law enforcement officer may, upon
a charge being made and without a warrant, arrest any person when he has
cause to believe has ccmmitted or attenloted to ~t the crime of shop-
lifting.
3. Penalty: Any person convicted of shoplifting under Section E of this
Ordinance shall be guilty of a misdemeanor and shall be punished by a
fine not to exceed five hundred dollars.
F. ~licious Mischief
A person is guilty of malicious mischief if he:
1. Knowingly and maliciously causes physical damage to the property of another,
public or private, under the circumstances not amounting to malicious
mischief in the first or second degree as defined by RCW 9A. 48.070 and
Rf~ 9A. 48. 080. [or]
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2. Intentionally throws any objects or missiles at, against,
or upon any house, building, struc%u~re~ vehicle or premises of
another person or the City without the consent of that person
or the City.
G. Criminal Trespass
1. Definitions
a. "Premises" includes any building, dwelling, or any real
property.
b. Enter. "Enter" when constituting an element or part of a
crime, includes the entrance of the person, or the insertion
of any part of his body, or any instrument or weapon held
in his hand and used or intended to be used to threaten or
intimidate a person or to detach or remove property.
c. Enters or Remains Unlawfully, A person "enters or remains
unlawfully" in or upon premises when he is not then licensed,
invited, or otherwise privileged to so enter or remain.
2. A license or privilege to enter or remain in a building which
is only partly open to the public is not a license or privilege
to enter or remain in that part of a building which is not
open to the public. A person who enters or remains upon
unimproved and apparently unused land, which is neither fenced
nor otherwise enclosed in a manner designed to exclude
intruders, does so with license and privilege unless notice
against trespass is personally communicated to him by the
owner of the land or some other authorized person, or unless
notice is given by posting in a conspicuous manner.
3. Every person, not licensed or privileged to do so, who enters
or remains in or on any building or occupied structure or
separately secured or occupied portion thereof including,
but not limited to, publicly owned, or occupied buildings,
structures or portions thereof, is guilty of criminal trespass,
a misdemeanor.
4. Every person, not licensed or privileged to do so, who enters
or remains in any public or private place or on any public or
private primises as to which notice against trespass thereon
is given by the owner or some other authorized person, through
(1) actual communication to the actor, or (2) posting in a
manner prescribed by law or reasonably likely to come to
the attention of intruders, or (3) fencing or other enclosure
manifestly designed to exclude intruders, or (4) city ordinance
setting forth public parks and school site rules, is guilty of
criminal trespass, a misdemeanor.
5. Every person, not licensed or privileged to remain, who defies
an order to leave a public or private place or public or
private premises communicated %o him by the owner of the place
or premises or by some other authorized person, is guilty of
criminal trespass, a misdemeanor.
6. Every person not licensed or privileged to do so, who enters
or intrudes in or upon any real property of another and invades
the privacy of, or disturbs, the occupants or residents of
such property by looking into or peeping into any dwelling or
private premises, is guilty of criminal trespass, a misdemeanor.
7. It is a defense to prosecution for criminal trespass under this
section that (1) any place or premises referred to in this
section was at the time open to members of the public and the
actor complied with all lawful conditions imposed on access to
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or reI~aining in the premises, or (2) the actor has possession
of the premises originally under a landlord-tenant relationship
or as mortgagor or vendee on a real estate contract and was
acting in good faith pursuant thereto.
H. Vehicle Prowling
A person is guilty of vehicle prowling if with intent to commit
a crime against a person or property therein, he enters or
remains unlawfully in a vehicle.
I. Criminal Impersonation
A person is guilty of crimianl impersonation if he:
1. Assumes a false identity and does an act in his assumed
character with the intent to defraud another or for any other
unlawful purpose; or
2. Pretends to be a representative of some person or organization
and does an act in his pretended capacity with the intent to
defraud another or for some other unlawful purpose; or
3. Impersonates a police officer.
J. Mischief on Bridges
It shall be unlawful for any person to:
1. Throw, drop or otherwise cause any object or missile to be
thrown, dropped or released from any portion of the bridges
(crossing the Port Washington Narrows, commonly known as the
Bremerton-Manette and Warren Avenue Bridges)... or
2. Intentionally jump or leap or go upon with the intent of
jumping or leaping from any portion of the bridges, crossing
the Port Washington Narrows, commonly known as the Bremerton-
Manette and Warren Avenue Bridges.
V. OFFENSES AGAINST PUBLIC ORDER
A. Failure to disperse
A person is guilty of failure to disperse if:
1. He congregates with a group of (3) or more other persons
and there are acts of conduct within that group which create a
substantial risk of causing injury to any person or substantial
harm to property (whether public or private); and
2. He refuses or fails to disperse when ordered to do so by a
peace officer or other public servant engaged in enforcing and
executing the law.
B. Disorderly Conduct
A person is guilty of disorderly conduct if he:
1. IntentionallY~ engages in any conduct or uses abusive language
which tends to or does disturb the public peace, provoke
disorder or endanger the safety or others, or
2. Intentionally disrupts any lawful assembly or meeting or
persons without lawful authority, or
3. Intentionally obstructs vehicular or pedestrian traffic without
lawful authority.
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C. Offenses in Public
It is unlawful for a person in public to:
1. Refuse to pay the proper fare in a public conveyance.
2. Open or drink any intoxicating liquor in a public conveyance
or public place not previously authorized by law.
3. Sell any liquor to any person apparently under the influence
of liquor.
4. Expectorate upon the floor, walls or furniture of any public
conveyance or public building.
5. Handout or distribute hand bills, posters, or other purely
commercial advertising matter upon the streets, walks, or
other public areas of the City of Bremerton.
D. Disruption of school activities
A person is guilty of disruption of school activities if he comes
into or remains in any school building, classroom or upon any
school ground, or street, sidewalk or public way adjacent thereto,
without lawful reason, and intentionally causes undue disruption
of the activities of the school.
VI. OFFENSES AGAINST GOVERNMENTAL ORDER
A. Obstructing a Public Officer
A person is guilty of obstructing a public officer if he:
1. Without lawful excuse refuses or knowingly fails to make or
furnish any statement, report or information lawfully required
of him by a public officer or
2. In any such statement or report makes a knowingly untrue
statement to a public officer or
3. Knowingly hinders, delays or obstructs any public officer
in the discharge of his official duties.
B. Resisting Arrest
A person is guilty of resisting arrest if he intentionally prevents
or attempts to prevent a peace officer from lawfully arresting him.
C. Escape
A person is guilty of escape if, wihtout lawful authority, he
intentionally removes himself from official detention or fails
%o return to official detention following temporary leave granted
for specified purpose of a limited period.
D. False Reporting
Every person who knowingly initiates or circulates a false report
or warning of an alleged or impending occurrence of a fire,
explosion, crime, catastrophe or other emergency is guilty
of false reporting.
E. Refusing to Summon Aid For a Police Officer
It is unlawful for a person to refuse to summon aid for a police
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officer of the City if, upon request .by a person, he knows, or
should reasonably know, to be a~peace officer, he unreasonably
refuses or fails to summon aid for such officer.
VII. OFFENSES BY AND AGAINST JUVENILES
A. Definitions
1. "Tavern" means any establishment or portion of any
establishment where intoxicating liquor is sold by the
drink for consumption on the premises.
2. "Minor" means any person less than eighteen years of age,
unless otherwise specifically designated.
3. "Liquor" means liquor as defined in the Washington State
Liquor Act RCW 66.04.010(16).
B. Minors Prohibited in Taverns
It is unlawful for any person under the age of twenty-one years
to enter or be found in or about a tavern.
C. False Identification to Obtain Liquor
It is unlawful for anyone knowingly to transfer any identification
of age to a person under the age of twenty-one years for the purpose
of permitting such person to obtain liquor, or for such person to
use such identification or make false representations as to his
age for the purpose of obtaining liquor.
D. Unlawful to Allow Minor Where Intoxicants Served
It is unlawful for any person having charge of a public place in the
City, where intoxicating liquors are served, to admit or to allow
any person under twenty-one y~ars of age to remain on the premises
contrary to the laws of the State of Washington.
E. Consumption of Liquor by Minor
It is unlawful for any person under the age of twenty-one
years to acquire in any manner, consume or have in his possession
any intoxicating liquor except in the case of liquor given or
permitted to be given to a person under the age of twenty-one
years by his parent or guardian and which shall be consumed
in the presence or premises of the parent or guardian or administered
to him by his physician or dentistfor medical purposes or used
in connection with religious services.
F. Supplying Liquor to Minors
It is unlawful for any person to give or otherwise supply
intoxicating liquor to any person under the age of twenty-one
years, or to permit any person under twenty-one years of age to
consume intoxicating liquor on or in his premises or vehicle or
on or in any premises or vehicle under his control except as
provided in (section E) of this chapter.
G. Tobacco to Minor
It is unlawful for any person to sell, give, furnish or cause to
be furnished to any minor any cigarette, cigar or tabacco in any
form or for a minor to possess same.
VIII. WEAPONS AND EXPLOSIVES
A. Definitions
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1. "Pistol" means any firearm with a barrel less than 12 inches
in length
2. "Air Gun" means and includes the following: air guns, air
pistol, air rifle, BB gun and toy guns of any kind or
nature when so designed, contrived, modified and used to
propel, by compressed air or other gas or spring any
pellet, dart, BB, rock or other hard substance a distance
of more than twenty-five feet with sufficient force to break
windows or injure persons or animals.
B. Pistol Sales Regulated
1. No pistols shall be sold:
a. Without an application from the purchaser thereof
pursuant to RCW 9.41 nor,
b. Under any circumstance unless the purchaser is
personally known to the seller or shall present clear
evidence of his identity.
2. No seller shall deliver a pistol to the purchaser thereof
until 72 hours shall have elapsed from the time of applica-
tion for the purchase thereof as provided herein, and when
delivered, the pistol shall be securely wrapped and shall
be unloaded.
3. At the time of applying for the purchase of a pistol, the
purchaser shall sign in [triplicate] and deliver to the
seller an application containing his full name, address,
occupation, place of bi~th and the date and the hour of
application; a description of the weapon including the
make, model, caliber, and manufacturer's number; and a
statement that he has never been convicted in this
state or elsewhere of a crime of violence, is not a drug
addict nor an habitual drunkard and is not legally
judged to be of unsound mind. The seller shall, by the
end of the business day sign and attach his address and
deliver the original of such application to the Chief of
Police, and the duplicate, duly signed by the seller shall
within seven days be sent by him with his address to
the Director of Licenses; the triplicate he shall retain
for six years. The Chief of Police shall maintain a file
containing the original of the application to purchase a
pistol.
c. Dealers to be Licensed
No retail dealers shall sell or otherwise transfer or expose for
sale or transfer, or have in his possession with intent to sell
or o~h~rwise transfer any p£stol without being licensed as
provided by law under the requirements of RCW 9.41.110.
D. False Information
It shall be unlawful for any person, purchasing or otherwise
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securing delivery of a pistol or in applying for a license
to carry a pistol or other concealed weapon to give false or mis-
leading information or offer false information as to his identity.
E. Certain Persons Forbidden to Possess Arms
No person who has been convicted in this State or elsewhere of a
crime of violence, is a drug addict or who has been confined in
a mental institution shall own a pistol or have one in his posses-
sion or under his control.
F. Carrying Pistol
No person shall carry a pistol in any vehicle unless it is unloaded
or carry a pistol concealed on his person, except in his place of
abode or fixed place of business, without a license therefore
as hereinafter provided.
iG. Exceptions To Carrying Pistol Restriction
The provisions of Section VIII (G) herein shall not apply to
marshalls, sheriffs, prison or jail wardens or the deputies thereof,
policemen or law enforcement officers, or to members of the army,
navy or marine corps of the United States or the national guard
or organized reserve when on duty, or to regularly enrolled
members of any organization duly authorized to purchase or
receive such weapons from the United States or from this State,
or to regularly enrolled members of clubs organized for the
purpose of target shooting or modern and antique firearm collecting
or to individual hunters; provided, such members are at, or are
going to or from their places of target practice, or their col-
lector's gun shows and exhibits, or are on a hunting, camping or
fishing trip, or to officers or employees of the United States duly
authorized to carry a concealed pistol, or to any person engaged in
the business of manufacturing, repairing, or dealing in firearms or
the agent or representative of any such person having in his
possession, using, or carrying a pistol in the usual or ordinary
course of such business, or to any person while carrying a pistol
unloaded and in a secure wrapper from a place of purchase to his
home or place of business or in moving from one place of abode
or business to another.
H. Issue a License to Carry
The Chief of Police shall, upon application of any person, issue a
license to such person to carry a pistol in a vehicle or concealed
on his person in this State ofr two years from the date of issue,
for the purposes of protection or while engaged in business,
sport or while traveling. Such person shall not be denied such
license unless he is ineligible to own a pistol under the provisions
of Sections VIII(B) hereof and RCW 9.41.040 as now or hereafter
amended; provided, that such permit shall be revoked immediately
upon conviction of a crime which makes such person ineligible to
own a pistol. The license shall be in.~riplic~te, in form to be
prescribed by the State director of L.iCenses.,.~and'shall bear
the name, address, and description, ~inger prints and signature
of the licensee and the reason given for desiring a license. The
original thereof shall be delivered to the licensee, the duplicate
shall within seven days be sent by registered mail to the Director
of Department~of Licenses and the triplicate shall be preserved
for six years by the Chief of Police.
1. The fee for the original issuance for a two-year license shall
be $5.00; provided, that the fee shall be distributed as follows:
a. Two dollars shall be paid to the State general fund;
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b. One dollar and fifty cents shall be retained by the City
as the fee for taking the finger prints of the person
licensed;
c. One dollar and fifty cents shall be retained by the City
for the purpose of enforcing this Chapter.
2. The fee for the renewal of such license shall be three dollars;
provided, that the fee shall be distributed as follows:
a. One dollar shall be paid to the State general fund;
b. Two dollars shall be retained by the City for the purpose
of enforcing this Chapter.
I. Delivery to Minors and Others Forbidden
No person shall sell, deliver, igive ar furnish or cause or allow to
be furnishedla pistol to any person under the age of 2t years or
to.one who he has reasonable 'c~use to believe has been convicted of
a crime of violence, or is a drug addict, or of unsound mind.
J. Certain Transfers Forbidden
No persons other than a duly licensed dealer shall make any loan
secured by a mortgage, deposit or pledge any pistol. Any licensed
dealer receiving a pistol as a deposit or pledge for a loan shall
keep such records and make such reports as provided by law for
pawn brokers and second hand dealers under RCW Chapter 19.60.
A duly licensed dealer may mortgage any pistol or stock of pistols
but shall not deposit or pledge the same with any other person.
K. Discharging of Firearms, Other Weapons or Explosives in City
It shall be unlawful for any person to:
1. Discharge any gun, pistol, air gun, or firearm of any kind,
without lawful authority, within the City limits or
2. Fire, discharge, explode or cause to be exploded any object
containing gun powder or other explosive material or fluid, or
firecracker or other dangerous firework as defined in
RCW 70.77.130.
L. Exemptions
A firearm or other weapon described in Section ii may be discharged
within the City where the person so discharging the same shall
have procurred a written permit issued by the Chief of Police
granting such person permission to discharge such firearm or
weapon at the time, place, in the manner and for the purpose
the permit was issued. Such permit shall not issue unless and
until the Chief of Police finds as fact that
1. Such discharge is essential for the protection of a growing
or a matured crop;
2. The applicant has not been convicted in the State of Washington,
or elswhere, of a crime of violence nor of moral turpitude,
3. The applicant has a bona fide current permit from the State
of Washington or from a department of the United States
authorizing the applicant to so protect such crop or crops;
4. Such discharge can reasonably be accomplished without
endangering other persons or property.
- 15 -
Annual permits, expiring on June 30th of each year, shall be
issued. And, upon the payment of a fee therefore in the sum of
three dollars, shall be limited to the use of birdshot, shall
immediately terminate upon any damage, destruction, or undue
hazard to other persons or property, or upon violation of the
terms of its issue. A permittee hereunder violating any
condition of such permit, or giving false information in applica-
tion therefore, shall not again be eligible for a permit.
M. Carrying or Exhibiting Firearms or Dangerous Weapons
1. It shall be unlawful for anyone to carry, exhibit, display
or draw any firearm, dagger, sword, knife or other cutting
or stabbing instrument, club, or any other weapon apparently
capable of producing bodily harm, in a manner, under cir-
cumstances, and at a time and place that either manifests
an intent to intimidate another or that warrants alarm for
the safety of other persons.
2. Provided that subsection 1 shall not apply to or affect the
following:
a. Any act committed by a person while in his place of
abode or fixed place of business;
b. Any person who by virtue of his office or public employ-
ment is vested by law with a duty to preserve public
safety, maintain public order, or to make arrests for
offenses, while in the performance of such duty;
c. Any person acting for the purpose of protecting him-
self against the use of presently threatened unlawful
force by another, or for the purpose of protectin~
another against the use of unlawful force by a third person~
d. Any person making or assisting in making a lawful arrest
for the commission of a felony; or
e. Any person engaged in military activities sponsored by
the federal or state governments.
N. Firearms - Possession by Minors
1. It shall be unlawful for anyone to sell, give, furnish or
otherwise cause or allow to be furnished to a person under
the age of eighteen years, a rifle, shotgun or any other
firearm or any ammunition for the same.
2. It shall be unlawful for anyone under the age of eighteen
years to purchase, possess or use any pistol, rifle, shotgun
or any other firearm.
a. It shall be unlawful for anyone under the age of twenty-
one years to purchase, possess or have in his control,
a pistol.
3. Provided that subsection 1 and 2 shall not apply to a minor,
who possess or is supplied a firearm for immediate use at a
recognized rifle range and who is under the direct super-
vision of a person over the age of eighteen years or who is
to immediately embark on a lawful animal hunt and who
possesses a lawful hunting license and is accompanied by a
person over the age of eighteen years.
O. Exemptions
This Chapter shall not apply
1. To antique pistols and rifles unsuited and inoperative for
use as firearms and possessed as curiosities or ornaments or
-16-
2. to policemen on duty.
IX. GAMBLING
A. Definition
1. "Gambling". A person engages in gambling if he stakes or
risks somethi~of value upon the outcome of a contest of chance
or a future cohhtingent event not under his control or in-
fluence, upon an agreement or understanding that he or someone
else will receive something of value in the event of a certain
outcome. Gambling does not include parimutuel betting as
authorized by RCW 66.16, bona fide business transactions
valid under the law of contracts, includinG, but not limited
to contracts for the purchase or sale of, ~at a.fUtUre date of
securities or commodities, and agreements to compensate for
loss caused by the happening of chance, including, but not
limited to contracts of indemnity of guarantee and life,
health or accident insurance.
2. "Gambling device".
a. Any device or mechanism the operation of which a right
to money, credits, deposits or other things of value
may be created, in return for consideration, as a result of
the operation of an element of chance.
b. Any device or mechanism which when operated for a con-
sideration, does not return the same value or thing of
value for the same consideration upon each operation thereof.
c. Any device, mechanism, furniture, feature or construction
or installation designed primarily for use in connection
with professional gambling.
d. Any subassembly or essential part designed or intended
for use in connection with any such device, mechanism,
furniture, fixture, construction or installation.
In the application of this definition, a pinball machine
or similar mechanical amusement device which confers only
an immediate and unrecorded right of replay on players
thereof, which does not contain any mechanism which varies
the chance of winning free games or the number of free
games which may be won on a mechanism or a shoot for
dispensing coins or a. facsimile thereof, and which prohibits
multiple winnings depending upon the number of coins
inserted and requires the playing of five balls indivi-
dually upon the insertion of a nickel or dime, as the case
may be, to complete and operation thereof, shall not be
deemed a gambling device.
Owning, possessing, buying, selling, renting, leasing,
financing, holding a security interest in, storing, re-
pairing and transporting such pinball machines or similar
mechanical amusement devices shall not be deemed engaging
in professional gambling for the purposes of this chapter
and shall not be a violation of this chapter. Any fee for
the purchase or rental of any such pinball machines or
similar amusement devices shall have no relation to
the use to which such machines are put, but be based only
upon the market value of any such machine, regardless of
the location of or type of premises where used, and any
fee for the storing, repairing and transporting thereof
shall have no relation to the use to which such machines
are put, but be commensurate with the cost of labor and
other expenses incurred in any such storing, repairing
and transporting.
3. "Game of Chance" means any contest, game , gaming scheme or
gaming device in which the outcome depends in a material
degree Upon an element of chance, notwithstanding that
skill of the contestants may also be a factor therein.
B. Unlawful Gambling
It shall be unlawful for any persons to play at, deal, wager
anything of value upon, or in any manner take part in or carry on
or cause to be open, or to conduct, set up, keep or exhibit any
game of chance or game of cards or dice or any other game of
chance involving any gambling device or devices of whatever kind
or nature for money or profit except as authorized by or pursuant
to Chapter 218, Laws of Washington 1973, First Extraordinary
Session, Chapter 135 Laws of Washington 1974 Extraordinary Session;
Chapter 259, Laws of Washington 1975 First Extraordinary Session
and Chapter 9.46 RCW.
C. License Requirement
Any person who conducts gambling activities prohibited by the
City or without the appropriate license issued by the Washington
State Gambling Commission or the City of Bremerton is guilty
of a misdemeanor.
D. Misleading Acts or Statements
Any person or association or organization operating any
activity authorized and or licensed by the Washington State
Gambling Commission pursuant to Chapter 9.46 RCW, who or which,
directly or indirectly, shall in the course of such operation
1. Employ any device, scheme or artifice to defraud; or
2. Make any untrue statement of a material fact, or omit to
state a material fact or knowingly mislead by act or omission;
or
3. Engage in any act, practice or course of operation as would
operate as a fraud or decent upon any person is guilty of
a misdemeanor.
X. OFFENSES AGAINST PUBLIC MORALS
A. Dafinition
1 =rotlc Material means stage performances, motion
pictures, photographs, pictures, printed material and other
such objects depictin9~: '~'~.
a Human sexual intercourse '
bi Masturbation
c..S~domy (i~ei bestiality or'oral-and anal intercourse).
d. Direct physical stimulation of unclothed genitals
e. Flagellation or torture in the context of sexual
relationship
f. An emphasized depiction of bare adult human genitals
Provided, however, that this definition applies only to those
works which applying the average standards of the City, taken as
a whole appeal to the prurient interest of persons and which
lack serious literary, artistic, political or scientific value.
2. "Lewd act" means: public
a. Exposure of ones genitals or female breasts; or
b. Touching, caressing or fondling of the genitals or female
breasts; or
c. Urination or defacation in a place other than a washroom
or toilet room; or
d. Masturbation; or
e. Sexual intercourse.
Provided, however, that this definition applies only to those
works which, applying the average standards of the City, taken as
a whole appeal to the prurient interest of persons and which
lack serious literary, artistic, political or scientific value.
3. "Public" or "Public Display" means easily visible from a
public thoroughfare or from property of others, or in a
public place in a manner so obtrusive as to make it difficult
for an unwilling person to avoid exposure.
B. Displaying erotic material
Every person who knowingly places erotic material upon public
displa~ or knowingly fails to take prompt action to remove
such display from property in his possession after learning of
its existence, is guilty of a misdemeanor.
c. Unlawful to Allow Minor Where Erotic Material Displayed
It shall be unlawful for any person owning, managing or having
control of premises where erotic material is displayed to allow
or permit any person under the age of eighteen years to go upon,
remain on or frequent said premises.
D. Lewd Conduct
1. A person is guilty of lewd conduct if he intentionally
performs a lewd act in a public place or at a place and under
circumstances where such act could be observed by the public.
2. The owner or operator of premises open to the public shall
be guilty of a misdemeanor if he intentionally permits lewd
conduct in a public place under his control.
XI. NUISANCES
A. Definitions
The words and phrases used in this chapter, unless the context
- 19 -
otherwise indicates, shall have the following meanings:
1. "Abate" means to repair, remove, replace or destroy or
otherwise remedy the condition in question by such means and
in such a manner and to such an extent as the enforcement
officer in his judgment, determines is necessary in the
interest of the general health, safety and welfare of the
community.
2. "Enforcement Officer" means the [commissioner of public Works
or any alternate designated by him].
3. "Premises" means any building, lot parcel, real estate or
land or portion of land whether improved or unimproved,
including adjacent sidewalks and parking strips.
4. "Responsible person"means any agent, lessee or other person
occupying or having charge or control of any premises, except
the owner.
B. Types of Nuisances
Each of the following conditions, unless otherwise permitted by
law is declared to constitute a public nuisance and whenever the
enforcement officer determines that any of these conditions
exist upon any premises or in any lake, river, stream, drainage
way, or wetlands, the officer may require or provide for the
abatement thereof pursuant to this ~rdinance:
1. The existence of any weeds, trash, dirt, filth, the carcass
of any animal, waste shrubs, accumulation of lawn or yard
trimmings or other offensive matter;
2. The existence of any dead, deseased, infested or dying tree
that may constitute a danger to street trees, streets or portions
thereof;
3. The existence of any tree, shrub or foilage, unless by consent
of the City, which is apt to destroy, impair, interfere or
restrict:
a. Streets, sidewalks, sewers, utilities or other public
improvements,
b. Visibility on, or free use of, or access to such improvements;
4. The existence of any vines or climbing plants growing into or
over any street tree, or any public hydrant, pole or electrolier,
or the existence of any shrub, vine or plant growing one,
around or in front of any hydrant, standpipe, sprinkler system
connection or any other appliance of facility provided for fire
protection purposes in such a way as to obscure the view
thereof or impair the access thereto;
5. The existence of any accumulation of materials or objects
in a location when the same endangers property, safety or
constitutes a fire hazard;
6. The existence of a sidewalk or a portion of a sidewalk adjacent
to any premises which is out of repair, and in a condition
to endanger persons or property, or in a condition to interfere
with the public conveniehce~ in the use of such sidewalk;
7. The existence of caterpillar infestation;
8. The burning or disposal of refuse, sawdust or any other material
- 20 -
without a permit;
9. The existence of any obstruction to a street, alley,
crossing or sidewalk, and any excavation in or under any
street, alley, crossing or sidewalk, which is by ordinance
prohibited, or which is made without lawful permission, or
which, having been made by lawful permission, is kept and
maintained after the purpose thereof has been accomplished, and
for an unreasonable length of time;
10. The erecting, maintaining, using, placing, depositing, leaving
or permitting to be or remain in or upon any private lot,
building, structure or premises, or in or upon any street, alley
sidewalk, park, parkway or other public or private place in
the City, any one or more of the following disorderly, disturb-
ing, unsanitary, fly-producing, rat-harboring, desease-causing
places, conditions or things:
a. Any putrid, unhealthy or unwholesome bones, meat, hides,
skins, the whole or any part of any dead animal, fish or
fowl, or waste parts of fish, vegetable or animal matter
in any quantity; but nothing herein shall prevent the
temporary retention of waste in approved covered re-
ceptacles,
b. Any privies, vaults, cesspools, sumps, pits or like places
which are not securely protected from files and rats, or
which are foul or malodorus,
c. Any filthy, littered or trash-covered dwellings, cellars,
house yards, barnyards, stable yards, factory yards,
vacant areas in the rear of stores, vacant lots, houses,
buidlings or premises,
d. Any animal manure in any quantity which is not securely
protected from flies or weather conditions, or which is
kept or handled in violation of any ordinance of the City,
e. Any poison oak or poison ivY, Russian thistle, tansey
ragwort or other noxious weeds, whether growing or other-
wise; but nothing herein shall prevent the temporary
retention of such weeds in approved covered receptacles,
fo Any bottles, cans, glass, ashes, small pieces of scrap
iron, wire, metal articles, brig-a-brac, broken stone or
cement, broken crockery, broken glass, broken plaster
and all such trash, or abandoned material, unless it is
kept in approved covered bins of galvanized iron receptacles,
g. Any trash litter, rags, accumulations of empty barrels,
barrels, boxes, crates, packing cases, mattresses, bedding,
excelsior, packing hay, straw or other packing material,
lumber not neatly piled, scrap iron, tin or other metal not
neatly piled, or anything whatsoever in which flies or
rats may breed or multiply or which may be a fire hazard;
11. The depositing or burning or causing to be deposited or
burned in any street, alley, sidewalk, park, parkway or other
public place which is open to travel, of any hay, straw,
paper, wood, boards, boxes, leaves, manure or other rubbish
or material;
12. The existence of any fence or other structure or thing on
private property abutting or front upon any public street,
sidewalk or place which is in a sagging, leaning, fallen,
decayed or other dilapidated or unsafe condition;
- 21 -
13. The existence on any premises of any unused and abandoned
trailer, housetrailer, automobile, boat or other vehicle
or major parts thereof;
14. The existence on any premises of any abandoned or unused well,
cistern or storage tank without first demolishing or removing
from the City such storage tank or securely closing and
barring any entrance or trapdoor thereto or without filling
any well or cistern or capping the same with sufficient
security to prevent access thereto by children;
15. The existence on any premises in a place accessible to children,
of any unattended and/or discarded icebox, refrigerator or
other large appliance;
16. The existence of any drainage onto or over any sidewalk or
public pedestrian way.
17. The existence of any goods, merchandise or property of any
kind on any streets, alleys or sidewalk of the City which
unreasonably obstructs pedestrian or vehicular traffic.
C. Prohibited Conduct
1. It is unlawful for any responsible person or owner to permit,
maintain, suffer, carry on or allow, upon any premises or in
lake, river, stream, drainage way or wetlands, any of the
acts or things declared by this chapter to be a public
nuisance.
2. It is unlawful for any person to create, maintain, carry on
or do any of the acts or things declared by this chapter
to be a public nuisance.
D. Disposal of diseased animal carcass - Violation, a misdemeanor.
Every person owning or having in ~arge any animal that has died
or been killed on account of disease shall immediately bury the
carcass thereof at least three feed underground at a place approved
by the [city or county] health officer, or cause the same to be
consumed by fire. No person shall sell or offer to sell or give
away the carcass of any animal which died or was killed on account
of disease. Every violation of any provision of this section is a
misdemeanor.
E. Enforcement - Notice
An enforcement officer appointed by the [commissioner of Public
Works], having knowledge of any public nuisance, shall cause any
owner or other responsible person to be notified of the existence
of a public nuisance on any premises and shall direct the owner
or other responsible person to abate the condition within [%~ d~%]
days after notice or other reasonable period [The notice shall
substantially in the following form]:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
TO
(name and address of person notified)
As owner, agent, lessee or other person occupying or having
charge or control of the buidlng, lot or premises at
you are hereby notifed that the undersigned pursuant ~to Ordinance
of the City of Bremerton has determined that ~h~r~ exists
upon or adjoining said premises the following condition contrary
to the provisions of subsection of City Ordinance
- 22 -
You are hereby notified to abate said condition to the satis-
faction of the undersigned within [ten (10)] days~of the date
of this notice. If you do not abate such condition within
[ten(10)] days, the City will abate the condition at your expense.
Abatement is to be accomplished in the following manner:
You may appeal this decision by filing a written notice of
appeal with the [Commissioner of Public Works] of the City of
Bremerton within [five (5)] days after the date of this notice.
DATED Name of Officer
F. Abatement by the City
In all cases where the enforcement officer has determined to
proceed with abatement [ten (10)] days after notice the City
shall acquire jurisdiction to abate the condition at the person's
expense as herein provided. Upon the abatement of the condition
or any portion thereof by the City, all expenses thereof shall
constitute a civil debt owing to the City jointly and severally
by such of the persons who have been given notice as herein
provided. The debt shall be collectable in the same manner
as any other civil debt owing to the City.
G. Abatement by owner or other responsible person.
If and when an owner or other responsible person shall under-
take to abate any condition described in this chapter, whether by
order of the enforcement officer or Otherwise, all needfull and
legal conditions pertinent to the abatement may be imposed by
the enforcement officer. It is unlawful for the owner or other
responsible person to fail to comply with such conditions.
Nothing in this chapter shall relieve any owner or other responsible
person of the obligation of Obtaining any required permit to do
any work incidental to the abatement.
H. Appeal
Any person who has received a notice to abate a condition as
determined by the Code enforcement officer under Section E of
this chapter may appeal said determination by filing written notice
of appeal within [five (5)] days after the date of said notice
to abate, with the [Commissioner of Public Works]. Said notice
shall set forth the grounds upon which the appeal is based.
Upon receipt of notice of appeal the [Commissioner of Public Works]
shall hold a hearing not more than ten (10) days after said
appeal was filed. It shall be the duty of the Code enforcement
officer to present proof relating to the grounds for the issuance
of the notice to abate. If the [Commissioner of Publio Works~
finds that a nuisance exists based on the criteria of ~this~°rdinance
he shall order that such nuisance be abated pursuant to %hisordinance
and shall set forth reasonable time limites for such abatement
not to exceed [forty-five (45) days] from the date of the heari~
If the Commissioner finds that a nuisance does not exist under
this ordinar~.e~ he ~11 conceal the notice to abate. Upon the
filing of a proper notice of appeal under Section G, the time
limits specified in sections E & F shall be stayed during the
pendency of the appeal.
I. Immediate Danger - Summary Abatement
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Whenever any condition on or use of property causes or constitutes or
reasonably appears to cause or constitute an imminent danger to the
health or safety of the public or a significant portion thereof, the
enforcement officer shall have the authority to summarily and without
notice abate the same. The expenses of such abatement shall become a
civil debt against the owner or other responsible party and be collected
as provided in Section F.
J. Violation a misdemeanor
Any person violating this chapter is guilty of a misdemeanor.
XII. MISDEMEANOR
It shall be unlawful for any person to practice phenology, hypnotism, mesmerism,
fortunetelling, palmistry, clairvoyance, character reading or analysis for compen-
sation unless licensed to do so by the State of Washington.
X]II. SEVERABILITY CLAUSE
Should any portion of this criminal code be declared unconstitutional or invalid
by any Court of competent jurisdiction, it shall be conclusively presumed that
this criminal code would have been enacted without that provision so held
unconstitutional or invalid and the remainder of this criminal code shall not
be affected as a result of said part being held unconstitutional or invalid.
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