Loading...
HomeMy WebLinkAbout4071 Ordinance No . 4071 (Amending or Repealing Ordinances) Amend KCC 9.02.190 - Disorderly Conduct Passed - 2/19/2013 The date["Beginning July 1, 1998"]has led to confusion This date will be deleted from cover sheets of ordnance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other deletions or changes have been made to the document-6/21/2012 ORDINANCE NO. �l AN ORDINANCE of the City Council of the city of Kent, Washington, amending KCC 9.02.190, "Disorderly Conduct," to clarify that it is unlawful to intentionally block entrance to public or private property without prior court order. RECITALS A. The City's Disorderly Conduct ordinance, among other things, prohibits an individual from intentionally obstructing pedestrian or vehicular traffic without lawful authority. However, when a person's actions are "authorized as an exercise of one's constitutional right to picket or legally protest," the code provides that the acts do not constitute obstruction of pedestrian or vehicular traffic and are therefore lawful. The code is silent regarding what type of"authorization" is required to exercise a right to picket or protest. B. This code section has presented significant problems for Kent's Police Officers. It creates a defense to the crime of disorderly conduct without any consideration of the hazards that the conduct creates. The Police Department has been unable to enforce this code when protesters and picketers have chosen to intentionally block entrances to businesses. These circumstances have resulted in unsafe traffic conditions and unsafe conditions for the protesters and picketers, as impatient 1 Disorderly Conduct Amend KCC 9.02.190 Ordinance re drivers trying to turn into driveway entrances have been required to stop in the middle of the roadway for periods of time resulting in traffic congestion, and often drive unreasonably close to unyielding protesters. C. In cases dealing with the rights of protesters, courts have determined that a city has a strong interest in ensuring public safety and order, in promoting the free flow of traffic on public streets and sidewalks, and in protecting the property rights of all its citizens. Traffic and pedestrian safety is a significant public interest, and appropriately tailored regulations that ensure public safety, while allowing a person to exercise his or her constitutional rights, are appropriate and lawful. D. These amendments will allow the Police Department to better balance City's the interest in vehicular and pedestrian safety through the enforcement of the Disorderly Conduct ordinance, while ensuring that picketers and protesters have the ability to exercise their rights in a reasonable manner. E. The amendments provide that it is unlawful for a picketer or protester to intentionally block an entrance to public or private property, unless they receive court permission to do so. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.02.190 of the Kent City Code, entitled "Disorderly Conduct," is amended as follows: 2 Disorderly Conduct Amend KCC 9.02.190 Ordinance Sec. 9.02.190. Disorderly conduct. A. A person is guilty of disorderly conduct if he or she: 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; 3. Intentionally obstructs pedestrian or vehicular traffic without lawful authority; or 4. Aggressively begs in a public place. B. The following definitions shall apply in this section: 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. 3. Lawful authority includes but is not limited to oral permission, or_a permit or license when issued by a person or entity with authority to issue the permission, permit, or license, or a court order or authorization issued by a court of proper jurisdiction. 34. 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, and shall also include action which is intended to prohibit or delay vehicular or pedestrian traffic from entering a public or private place; provided, that an act which is specifically authorized by a state or federal court with 3 Disorderly Conduct Amend KCC 9.02.190 Ordinance jurisdiction and which has been determined by the court to be a valid- ets authorizedas anexercise of one's eenstitutienal right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic. 45.. 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, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. C. Disorderly conduct is a misdemeanor. SECTION 2, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. 4 Disorderly Conduct Amend KCC 9.02.190 Ordinance ATTEST: COOKE, MAYOR oG Z007RONALD F. OR ITY CLE K APPROVED AS TO FORM: TdoM BRUBAKER, CITY ATTORNEY PASSED: lx7�day of _ �rria�ru� 12013. APPROVED: ZY day of 1� rri�irc�t 12013. PUBLISHED:o � day of �.-v�r-c�l , 2013. I hereby certify that this is a true copy of Ordinance No. 4/0 1 passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. ---- A AL) RONALD F. O , CITY C ERK -v � P:\Clvll\0rdinance\9 D2 190 Disorderly dodo 5 Disorderly Conduct Amend KCC 9.02.190 Ordinance