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Home My WebLink About5145 ORDINANCE NO. 5 (4 5 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A 44 of the Bremerton Municipal Code relating to "Public Urination " WHEREAS, the penalty for a violation of the provisions of Chapter 9A 44 of the Bremerton Municipal Code relating to public urination constitutes a misdemeanor, and WHEREAS, the City Council desires to amend Chapter 9A 44 of the Bremerton Municipal Code to reduce the penalty for a violation of the provisions relating to public urination to a civil infraction, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 9A 44 of the Bremerton Municipal Code entitled "Public Disturbances" is hereby amended to read as follows Chapter 9A.44 PUBLIC DISTURBANCES 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A 44 020 through 9A 44 080, unless the context otherwise requires (a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a community where good order presides (b) "Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them (c) "Unreasonably disrupts" means to substantially impair the conduct of the meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known 9A.44.020 DISORDERLY CONDUCT. RCW 9A 84 030 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 1 Public Urination 9A.44.030 FAILURE TO DISPERSE. RCW 9A 84 020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, public building or any store open to and used by the public 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any portion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton -Manette and Warren Avenue Bridges, or (b) Jump, leap or go upon with the intent of jumping or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton -Manette and Warren Avenue Bridges 9A.44.060 UNLAWFUL BUS CONDUCT. (a) A person is guilty of unlawful bus conduct if, while on or in a municipal transit vehicle and with knowledge that such conduct is prohibited, he or she (1) Smokes or carries a lighted or smoldering pipe, cigar or cigarette, or (2) Discards litter other than in designated receptacles, or (3) Plays any radio, recorder, or other sound - producing equipment, except that nothing herein shall prohibit use of such equipment when connected to earphones that limit the sound to the individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle, or (4) Spits or expectorates, or (5) Carnes any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing herein shall prevent a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law (b) A municipal transit vehicle includes every motor vehicle, street car, train, trolley vehicle, and any other device, which (1) is capable of being moved within, upon, above or below a public highway, (2) is owned or operated by the Kitsap County Public Transit Authority, and (3) is used for the purpose of carrying passengers, together with incidental baggage and freight on a regular schedule 9A.44.065 URINATING IN PUBLIC. (a) A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public 2 Public Urination (b) Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to apenally not to exceed two hundred fifty dollars ($250)_ 9A.44.070 LEWD CONDUCT. (a) (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 is guilty of a misdemeanor if he intentionally permits lewd conduct in a public place under his control (b) "Lewd act" means (1) Public exposure of one's genitals, buttocks, or any portion of the female breast below the top of the areola, or (2) Public touching, caressing or fondling of the genitals or female breast, or *"� efn, er (43) Public masturbation, or (344) Public sexual intercourse (c) "Public" or "public display" means easily visible from a public thoroughfare or from property of others, or in a public place in manner so obtrusive as to make it difficult for an unwilling person to avoid exposure (d) This chapter shall not be construed to prohibit (1) Plays, operas, musicals or other dramatic works which are not obscene, (2) Classes, seminars and lectures held for scientific or education purposes, (3) Exhibitions or dances which are not obscene 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A 76 160 is adopted by reference as currently enacted and as hereinafter amended from time to tune, and shall be given the same force and effect as if set forth herein in full 9A.44.090 RIOT. RCW 9A 84 010 is adopted by reference as currently enacted and as hereinafter amended from time to tune, and shall be given the same force and effect as if set forth herein in full 9A.44.100 PEDESTRIAN INTERFERENCE. (a) The following definitions apply in this section (1) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods (2) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled 3 Public Urination (3) "Beg" means to ask for money or goods as a chanty, whether by words, bodily gestures, signs, or other means (4) "Obstruct pedestnan or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute obstruction of pedestnan or vehicular traffic (5) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them (b) A person is guilty of pedestnan interference if, in a public place, he or she intentionally (1) Obstructs pedestnan or vehicular traffic, or (2) Aggressively begs (c) Pedestrian interference is a misdemeanor SECTION Z. Severabdgy If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. fictive Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the 1 day of C-1k 2011 WILL MAUPIN, Co cil sident Approved this � day of , 2011 PATTY LEN , ayor 4 Public Urination r CAROL ETGEY4,tity Clerk RO ER A LUBOVICH, City A PUBLISHED the day of 6 , 2011 EFFECTIVE the day of 2011 ORDINANCE NO i R \Legal \Legal \Ordinances \legal\Public Unnation doc 5 Public Urination