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
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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:
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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
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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.
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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
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P:\Clvll\0rdinance\9 D2 190 Disorderly dodo
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