Chapter 10.10
Offenses Against Peace and Order

Sections:

10.10.010 Failure to Disperse.

10.10.020 Disorderly Conduct.

10.10.025 Pedestrian Interference.

10.10.030 Disorderly Place.

10.10.040 Public Park.

10.10.050 Municipal Public Assembly Facilities.

10.10.060 Skywalks – Prohibited Acts.

10.10.062 Skywalks – Animals Prohibited.

10.10.064 Skywalks – Littering.

10.10.068 Skywalks – Penalty.

10.10.070 Graffiti Prohibited.

10.10.080 “Graffiti” Defined.

10.10.090 Removal of Graffiti.

10.10.100 Unlawful Bus Conduct.

10.10.010 Failure to Disperse.

No person may congregate with a group of three 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; and refuse or fail to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law.

[Ord. C28629; Passed: 2/23/1987]

Cross Reference: RCW 9A.84.020.

10.10.020 Disorderly Conduct.

No person may intentionally cause, or recklessly create, a risk of unreasonable public inconvenience, annoyance or alarm by:

A.  engaging in fighting or in violent, tumultuous or threatening behavior; or

B.  committing any act which tends to create or incite, or in fact creates or incites, either a violent response and/or an immediate breach of the peace. Such conduct includes without limitation:

1.   obscene language or gestures; or

2.   boisterous conduct; or

3.   personally abusive epithets, or words or language that a reasonable person would find offensive, disgusting or insulting and/or which epithets, words or language are likely to provoke a reaction of fear, anger or apprehension when addressed to a citizen of ordinary sensibilities; or

C.  disturbing any lawful assembly of persons without lawful authority.

[Ord. C33329 § 1; Passed: 11/24/2003]

10.10.025 Pedestrian Interference.

A.  Consistent with the findings of other Washington State cities, the city council finds that it is important to the general welfare of the citizens and residents of the city to protect and preserve the public safety of pedestrians and to insure the safe and efficient movement of pedestrian and vehicular traffic in public places. The city council further finds that public places as defined in this section serve the primary purpose of enabling pedestrian and vehicular traffic to safely and efficiently move about from place to place and that public places in the urban core have become increasingly congested and should be maintained to serve their primary purpose. Spokane, as well as other cities in Washington, has experienced an increase in the number of incidents of aggressive solicitation by individuals towards pedestrians and that pedestrian interference in public places deteriorates from the primary purpose and threatens public health, safety and welfare. The city has a compelling interest in protecting its citizens from threatening, intimidating or harassing behavior caused by aggressive solicitations, in preserving the quality of life in its urban center and in protecting and preserving the public health, safety and welfare.

B.  The following definitions apply in this section:

1.   “Aggressively solicit” means to solicit with the intent to intimidate another person into giving money or goods regardless of the solicitor’s purpose or intended use of the money or goods.

2.   “Intimidate” means to engage in conduct which would make a reasonable person fearful of imminent harm to his or her person or property or feel threatened.

3.   “Solicit” means to ask for money or goods whether by words, bodily gestures, signs or other means.

4.   “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie or place an object in such manner as to obstruct or impede, or a person of ordinary sensibilities would conclude it tends to obstruct or impede, the free passage of pedestrians and/or vehicles through the area; or that requires, or would require, evasive action by a pedestrian and/or vehicle to avoid physical contact. If the impediment or obstruction is caused by the size of a particular group of persons, all persons within the group are equally subject to this section. Acts authorized as an exercise of one’s constitutional rights, and acts authorized by an obstruction permit issued pursuant to SMC 11.02.03458(D), 12.02.0706 or 12.02.0730 do not constitute obstruction of pedestrian 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 doors and entrances to buildings or dwellings and the grounds enclosing them.

C.  A person is guilty of pedestrian interference if, in a public place, he or she knowingly:

1.   obstructs pedestrian or vehicular traffic, or

2.   aggressively solicits.

D.  Pedestrian interference is a misdemeanor.

E.  The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance does not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.

[Ord. C33330 § 1; Passed: 11/24/2003]

10.10.030 Disorderly Place.

No owner, operator, or manager of a place of public accommodation may willfully allow breach of the peace or disturbance of public order or decorum by noisy, riotous, or disorderly conduct or otherwise keep the place in a disorderly manner.

[Ord. C25103 § 6.03.600]

10.10.040 Public Park.

A.  No person may violate such rules and regulations as may from time to time be promulgated by the park board or the director of parks and recreation pursuant to and in supplementation of the City Charter and this code.

B.  Except when done in places designated and in the manner prescribed by rule, regulation, or special permission of the park board or department, no person may:

1.   solicit donations or collections, such as for entertainment by strolling musicians or other performers, or peddle or hawk any goods or services;

2.   operate any public address or loudspeaker system, or operate any radio or other electronic audio device in such a manner that the device makes extreme noise which offends the common sensibilities and senses of others;

3.   ride, drive, or park any vehicle or animal except along designated drives, ways, boulevards, or paths; or move at a speed in excess of fifteen miles per hour unless otherwise posted; or otherwise operate or drive any vehicle or mobile device, including bicycles, skateboards and roller skates, in a manner which is likely to endanger persons and/or property; or ride or drive a vehicle at a speed in excess of five miles per hour in Riverfront Park; or

4.   ride or drive any motorized vehicle on the grass; or park outside designated parking areas;

5.   play or practice any game or activity, such as golf, hacky-sack, or baseball, involving running or the throwing or hitting of a ball or other missile when and where such activity is or is likely to be dangerous to others or upon drives, ways, boulevards, or paths.

C.  No person may allow any animal to run at large in any park or enter any pond, pool, fountain, or stream thereof.

D.  No person may possess or consume in any park any liquor, except as specifically authorized by law.

E.  No person may operate any type of watercraft in or upon water within or bordering any park.

F.  No person may in any park possess any dangerous weapon as defined in RCW chapter 9.41, unless authorized by park department rule, regulation, or special permission of the park board, park department, or police department; or shoot, fire, or explode any firearm, fireworks, explosive, bow and arrow, slingshot, or other weapon, toy or real, which discharges a pellet or other object with harmful force.

G.  No person may camp in any park except at places set aside for such purposes by the park board and designated by signs, or by special permission of the department.

H.  Where the park board has provided for the collection of fees, rents, or charges for the use of park facilities, including municipal golf courses, no person may enter upon or use such park facilities without paying such required fees, rents, or charges.

I.  All City parks shall be closed from 11:00 p.m. to 4:00 a.m., Pacific Daylight Time, or 10:00 p.m. to 5:00 a.m., Pacific Standard Time, except Riverfront Park, which shall close at midnight throughout the year. No person may be in a city park during the hours of closure without the express permission of the park board or the director of parks and recreation.

J.  No person may build a fire except in designated fireplaces and park-supplied barbecue pits.

K.  No person may disturb or attack any wildlife in any park.

L.  No person may dig holes in any park or cut or trim park trees or landscaping.

M.  Swimming pools, wading pools, softball diamonds and basketball courts may be used only during hours designated by the park board.

[Ord. C30899; Passed: 7/26/1993]

Cross Reference: SMC 10.12.020, 10.24.060, SMC ch. 12.06.

10.10.050 Municipal Public Assembly Facilities.

No person shall bring into any City public assembly facility any cans, bottles, alcoholic beverages, controlled substances, guns, knives, or other such devices which are weapons or apparently capable of use as weapons. The public assembly facilities are the Spokane Opera House, the Convention Center/Washington State International Agricultural Trade Center, and Joe Albi Stadium. This shall not prohibit legitimate operations of licensed concessionaires or other persons authorized by the Spokane Riverpark Center director.

[Ord. C28629; Passed: 2/23/1987]

10.10.060 Skywalks – Prohibited Acts.

A.  No person may commit any of the following acts within the pedestrian skywalk system or within any pedestrian mall:

1.   sit, kneel, lounge, lie, or otherwise recline upon floors or stairs;

2.   stand upon any radiator, seat or other fixture;

3.   commit any act which tends to create or incite, or creates or incites, an immediate breach of the peace. Such conduct includes without limitation:

a.   fighting,

b.   racing,

c.   obscene language and noisy or boisterous conduct tending to cause a breach of the peace, and

d.   personally abusive epithets, or words or language of an offensive, disgusting or insulting nature, which epithets, words or language when addressed to the ordinary citizen are, as a matter of common knowledge, inherently likely to provoke a violent reaction of fear, anger or apprehension;

4.   stand, stop or otherwise linger in such a manner as to obstruct or impede or tend to obstruct or impede the free passage of pedestrians through the area. If the impediment or obstruction is caused by the size of a particular group of persons, all persons within the group are equally subject to this section;

5.   operate any radio, tape player, or other electronic audio device in such a manner that the device makes extreme noise which offends the common sensibilities and senses of others.

B.  Whenever any peace officer observes a person committing any of the acts enumerated in this section or has probable cause to believe that a person has committed any of the said acts, the officer shall order the person to refrain from doing the proscribed conduct. Any person who shall refuse to refrain from such acts or conduct after being ordered to do so shall be liable for a violation punishable as a misdemeanor.

[Ord. C28629; Passed: 2/23/1987]

10.10.062 Skywalks – Animals Prohibited.

No person may bring or cause to be brought any animal, or allow any animal under his ownership or control to be brought, into the pedestrian skywalk system or any other pedestrian mall, unless such animal is a police dog or a guide dog for a deaf or blind person.

[Ord. C28629; Passed: 2/23/1987]

10.10.064 Skywalks – Littering.

No person may throw, deposit, discard or place, or cause to be thrown, deposited, discarded or placed, upon or within any surface in the pedestrian skywalk system or pedestrian mall any glass bottle, glass, nails, tacks, cans, garbage, swill, papers, refuse, offal, trash or rubbish.

[Ord. C28629; Passed: 2/23/1987]

10.10.068 Skywalks – Penalty.

A violation of SMC 10.10.060, 10.10.062, or 10.10.064 is a misdemeanor.

[Ord. C28629; Passed: 2/23/1987]

10.10.070 Graffiti Prohibited.

No person owning or in control of any property may allow the property to be used as a location for graffiti, or fail or refuse to remove, cover or grant permission to city personnel to remove or cover the graffiti from the property when so directed by a police officer.

[Ord. C31705]

10.10.080 “Graffiti” Defined.

For the purposes of this chapter “graffiti” is any sign or symbol, including the painting of murals, placed upon property:

A.  by the application of a substance, such as paint, ink, dye, chalk, or other marks, or by the removal of material by scratching, carving, gouging, or cutting,

B.  for the apparent purposes of communicating, in code or otherwise, among members of a club, organization, gang, or other group, any message, including the presence of the organization in a location,

C.  which communication is likely to incite or foster violence or other criminal activity.

[Ord. C30559; Passed: 10/5/1992]

10.10.090 Removal of Graffiti.

A.  Whenever a marking is determined by a designated police officer to constitute graffiti, a law enforcement officer may direct any owner or other person in possession of the property upon which the graffiti has been placed to immediately remove or cover the graffiti, or in the alterative, grant permission for city personnel to enter upon the premises and remove or cover the graffiti, waiving any claims for trespass or resulting damage to the property.

B.  The City may charge the property owner or the person in possession of the property the cost to the City for the removal or covering of the graffiti when the removal or covering is performed by City personnel.

C.  Any owner or other in possession who fails to comply with the police officer’s direction under this section violates SMC 10.10.070.

[Ord. C30559; Passed: 10/5/1992]

10.10.100 Unlawful Bus Conduct.

A.  Consistent with the findings of the Washington State Legislature, the city council finds that it is important to the general welfare of the citizens and residents of the city to protect and preserve public safety in the operation of public transportation facilities and vehicles, and to protect the personal safety of both passengers and employees. The city council further finds that public transportation services will be utilized more fully by the general public if it is assured of personal safety and security in such utilization.

B.  A person is guilty of unlawful bus conduct if, while on or in a municipal transit vehicle as defined by RCW 46.04.355, or in or at a municipal transit station as defined in subsection (C) of this section, and with knowledge that such conduct is prohibited, the person:

1.   except at a designated place, smokes or carries a lighted or smoldering pipe, cigar, or cigarette;

2.   discards litter other than in designated receptacles;

3.   plays any radio, recorder, or other sound-producing equipment, except that nothing herein prohibits:

a.   the use of such equipment when connected to earphones that limit the sound to individual listeners, or

b.   the use of a communication device by an employee of the owner or operator of the municipal transit vehicle or municipal transit station;

4.   spits or expectorates;

5.   carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing herein prevents a person from:

a.   carrying a cigarette, cigar, or pipe lighter, or

b.   carrying a firearm or ammunition in a way that is not otherwise prohibited by law;

6.   intentionally obstructs or impedes the flow of municipal transit vehicles or passenger traffic, hinders or prevents access to municipal transit vehicles or stations, or otherwise unlawfully interferes with the provision or use of public transportation services;

7.   intentionally disturbs others by engaging in loud, raucous, unruly, harmful, or harassing behavior; or

8.   destroys, defaces, or otherwise damages property of a municipality as defined in RCW 35.58.272 employed in the provision or use of public transportation services.

C.  For the purposes of this section “municipal transit station” means all facilities, structures, lands, interest in lands, air rights over lands and rights-of-way of all kinds that are owned, leased, held, or used by a municipality as defined in RCW 35.58.272 for the purpose of providing public transportation services, including but not limited to park and ride lots, transit centers and tunnels and bus shelters.

D.  Unlawful bus conduct is a misdemeanor.

E.  The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder or this section or the validity of its application to other persons or circumstances.

[Ord. C31214; Passed: 9/26/1994]