HomeMy WebLinkAbout3133ORDINANCE NO.
AN ORDINANCE of the City Council of,the
City of Kent, Washington, amending Chapter
9.02, the City Penal Code, by adding a new
section relating to pedestrian interference in
public places and by adding new provisions
relating to public disturbances, and further
amending Kent City Code Chapter 8.05, Noise
Control, by deleting certain criminal noise
control provisions relating to public
disturbances.
WHEREAS, in recent years the level of begging
(panhandling) has increased in the core area of the City of Kent;
and
WHEREAS, it is necessary for the protection of the
health, peace, and welfare of the citizens of Kent to restrict
the level of such panhandling so as not to intimidate persons or
unduly interfere with persons; and
WHEREAS, excessive noise is a form of pollution which
has direct and harmful effects upon the health and welfare of
persons exposed to such sound, lowers the value of impacted
Pedestrian Interference and Disorderly Conduct
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properties, and generally adversely affects the livability, peace
and comfort of the impacted neighborhood and the City as a whole;
and
WHEREAS, the City Council seeks to simplify and enhance
the enforcement of criminal violations for excessive noise which
constitute a public disturbance; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. There is hereby added to Chapter 9.02 of thef
Kent City Code a new section, 9.02.38, as follows:
Sec. 9.02.38. Pedestrian Interference.
A. A person is guilty of pedestrian interference if,
in a public place, he or she intentionally
1. obstructs pedestrian or vehicular traffic; or
2. aggressively begs.
B. The following definitions apply in this Section. 1
1. "Aggressively begs" means to beg and engage in
conduct that would likely intimidate a reasonable person,
including touching, following, persistently begging after being
refused, using violent or threatening language or gestures, or
taking similar actions for the purpose of inducing another person
into giving money or goods.
2. "Beg" means to ask for money or goods as a
charity, whether by words, bodily gestures, signs or other means.
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3. "Obstruct pedestrian or vehicular traffic"
means to walk, stand, sit, lie, grasp a person, 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 legally protest shall not constitute obstruction of pedestrian
or vehicular traffic.
4. "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 places that serve food or
drink or provide entertainment, in the doorways and entrances to
buildings or dwellings and the grounds enclosing them.
Section 2. Section 9.02.36 of the Kent City Code and
ordinances pertaining thereto are hereby amended to read as
follows:
sec. 9.02.36. Disorderly Conduct.
A person is guilty of disorderly conduct if he:
1. Uses abusive language and thereby intentionally
creates a risk of assault;
2. Intentionally disrupts any lawful assembly or
meeting of persons without lawful authority; or
71
3. Causes a pubLic noise disturbance or is in
Possession and control of property on which a public noise
disturbance occurs. The followin sounds are determined to be
public noise disturbances:
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A. The fre uent repetitive or continuous
sounding of any horn or siren attached to a motor vehicle,
except
as a warning of dancer or as speccally permitted or required
by law;
B. The creation of frequent repetitive or
continuous sounds in connection with the starting, operation,
repair rebuilding or testing of any motor vehicle motorcycle,
off highway vehicle or internal combustion engine within a
residential districsonably disturb or interfere
with the peace comfort and repose of owners or possessors of
real property.
C. Yelling. shouting hooting whistling or
singing on or near the public streets particularly between the
hours of eleven p m and seven a.-- or at any time and place so
as to unreasonabl disturb or interfere with the eace comfort
and repose of owners or possessors of real property.
D. The creation of frequent repetitive or
continuous sounds which emanate from any building structure,
apartment, condominium or yard adjacent thereto which
unreasonably interferes with the peace comfort and repose of
owners or possessors of real property such as sounds from musical
instruments audio sound s stems band sessions or social
gatherings.
E. The creating of frequent repetitive or
continuous sounds made by any animal, such as barking or howling,
except that such sounds made in animal shelters commercial
kennels veterinary hospitals, et shoos or pet kennels licensed
under and in compliance with Chapter 8.03 of the Kent City Code
shall be exempt from this subsection.
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F. Sound from motor vehicle audio sound systems
such as tape players radios and compact disc players, operated
at a volume so as to be audible greater than fiftyfeet from the
vehicle itself.
G. Sound from portable audio equipment such as
tape Plavers radios and com act disc la ers o erated at a
volume so as to be audible r_eater than fift feet from the
source and if not operated upon the property of the operator.
H. The foregoing provision shall not apply to
regularly scheduled events at parks, such as ublic address
systems for baseball games or park concerts.
I The creation of frequent repetitive or
continuous sounds made in connection with outdoor construction or
the movement of construction related materials, including noise
made by devices capable of producing sound by either striking or
cutting objects, such as hammers, saws or other equipment with
internal combustion engines; provided, however, such sounds shall
be exempt from the provisions of this code under the following
circumstances:
1 during the hours of 7.00 a.m. through 8:00
p.m., Monday through Sunday; or
2 in commercial areas not adjacent to
residential areas.
Provided that the fore gin enumeration of acts and
noises shall not be construed as excluding other acts and noises
which offend the public peace.
Disorderly conduct is a misdemeanor.
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Section 3. Section 8.05.020 of the Kent City Code is
amended to read as follows:
Sec. 8.05.020. Scope.
r
Except as provided in Kent City Code Section 9.02.36
"Disorderly Conduct", ((-T))this chapter shall apply to the
control of all sound originating from sources located within the
I
limits of the city, including but not limited to, commercial and;
industrial noise.
Section 4. Section 8.05.050 of the Kent City Code is
amended to read as follows:
Sec. 8.05.050. Noise control office (NCO) --program
development.
The building department shall be designated the noise
control office for coordination of the sound level measurement
aspects and enforcement of all sections this chapter (( l'tr e
emeeptien and )), and for the
general purpose of sound and vibration abatement and control.
Section 5. Section 8.05.160 of the Kent City Code is
amended to read as follows:
Sec. 8.05.160. Exempted sources.
No sound source specifically exempted from a maximum
permissible sound level or permitted under this chapter shall be
a public nuisance noise or public disturbance noise, as provided :.
in Kent City Code section ((8.96.269 herein)) 9.02.36, insofar as;
the particular source is exempted.
Section 6. Section 8.05.190 of the Kent City Code is
amended to read as follows:
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Sec. 8.05.190. Enforcement.
A. Unless provided otherwise by this chapter, ((fie
. and)) the building department noise control
office shall have the responsibility for enforcing ((fie
remaindefl) this chapter. The specific provisions of this chapter
which describe the noise control office's methods for obtaining
compliance with the noise standards set forth herein, such as
sections 8.05.180 and 8.05.200 through 8.05.250, are related to
the civil enforcement process and shall not be applicable to any
criminal enforcement action initiated by the chief of police.
B. Where appropriate and necessary for the enforcement
of this chapter, the noise control office ((
peliee)) may request the assistance of the noise control office
of the Seattle -King County health department and the city
attorney.
Section 7. Section 8.05.260 is deleted from the Kent
City Code as follows:
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Section S. Section 8.05.270 is deleted from the Kent
City Code as follows:
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Section S. Section 8.05.270 is deleted from the Kent
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Section S. Section 8.05.270 is deleted from the Kent
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Section S. Section 8.05.270 is deleted from the Kent
City Code as follows:
section 9. Section 8.05.280 of the Kent City Code is
amended to read as follows:
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section 9. Section 8.05.280 of the Kent City Code is
amended to read as follows:
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Sec. 8.05.280. Punishment.
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A. (()) Conduct made unlawful under sections 8.05.090
through 8.05.250 of this chapter shall subject the violator to a
civil fine of two hundred fifty dollars ($250.00). This fine
shall be cumulative, and each day such offense continues shall
constitute a separate violation.
B. ((G-.)) Five (5) separate subsequent offenses by the
same violator of the provisions contained in sections 8.05.090
through 8.05.250 within a five-year period of time shall also
constitute a misdemeanor, and may be punished by the criminal
penalties described in section 1.01.140 and/or a penalty in
addition to the civil fine of two hundred fifty dollars ($250.00)
for the initial act of violation, and two hundred fifty dollars
($250.00) per day thereafter until the violation is discontinued.
C. (()) Nothing contained in this chapter shall
prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation.
Section 10. Severability. If any one or more sections,s
subsections or sentences of this chapter are held to be
unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this chapter and the same
shall remain in full force and effect.
Section 11. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publicatic3N as provided by law.
ATTEST:
BRENDA JACO
f a
'Y CLERK
APPROVED AS TO FORM:
ROGE A. L BOVICH, CITY AT
TORO4GEk A. X
PASSED the day of
APPROVED the day of
PUBLISHED the day of
KELLEHER, MAYOR
, 1993.
1993.
1993.
I hereby certify that this is a true copy of
Ordinance No.
_J/-3 3 , passed by the City Council of the City
of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated. y lr\
panhand.ord
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( SEAL)
BRENDA J OB , CITY CLERK