This title shall be adopted as and may be cited as Title 9 of the Port Angeles Municipal Code and shall become effective on April 1, 1981. The provisions of this title shall apply to any offense which is defined in this title and committed on or after April 1, 1981, unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this title, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Chapter, section, and subsection captions are for organizational purposes only and shall not be construed as part of this title.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A.

The general purposes of the provisions governing the definition of offenses are:

1.

To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;

2.

To safeguard conduct that is without culpability from condemnation as criminal;

3.

To give fair warning of the nature of the conduct declared to constitute an offense;

4.

To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.

B.

The provisions of this title shall be construed according to the fair import of their terms but when the language is susceptible of differing construction it shall be interpreted to further the general purposes stated in this title.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

The following persons are liable to punishment:

A.

A person who commits in the City any crime, in whole or in part;

B.

A person who commits out of the City any act which, if committed within it, would be theft and who is afterward found in the City with any of the stolen property;

C.

A person who, being out of the City, counsels, causes, procures, aids, or abets another to commit a crime in the City;

D.

A person who commits an act without the City which affects persons or property within the City, which, if committed within the City, would be a crime.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

An offense defined by this title constitutes a misdemeanor of the first class or a misdemeanor of the second class. A Class I misdemeanor may be punished by either fine or imprisonment, or both, up to the maximum sentence allowed under the jurisdiction of the court in which the charge is filed. A Class II misdemeanor may be punished by a maximum fine of $1,000.00. A sentence of imprisonment shall not be imposed for any Class II misdemeanor.

(Ord. 2442, 5/1/1987; Ord. 2220 § 1, 6/29/1982; Ord. 2213 § 1, 5/4/1982; Ord. 2129, 4/1/1981)

Any suspendable or deferrable fine or imprisonment may be suspended or deferred on any of the following terms or conditions as the court deems appropriate:

A.

Restitution to any person or persons who may have suffered injury or damage by reason of commission of the crime in question;

B.

Compliance with any order of a court for payment of family support;

C.

Successful completion of any alcohol or mental counseling program for behavior problems related to the crime;

D.

Completion of an appropriate number of hours of community service;

E.

No contact with any person or business establishment who was a victim of the crime;

F.

Forfeiture of any firearm, weapon or weapons, used in connection with the crime; or

G.

Performance of or abstention from any act that the court deems appropriate under the circumstances or which may help prevent a recurrence of the same or similar criminal behavior.

(Ord. 2442, 5/1/1987; Ord. 2188 § 1, 1/12/1982)

The provisions of the common law relating to the commission of crime and punishment thereof, insofar as not inconsistent with the United States Constitution and the Constitution of the State of Washington, shall supplement all penal ordinances of the City of Port Angeles and all persons offending against the same shall be tried in the municipal court of the City.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Prosecutions for the offenses shall be commenced within one year after their commission.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

In this title unless a different meaning plainly is required:

A.

"Acted" includes, where relevant, omitted to act.

B.

"Actor" includes, where relevant, a person failing to act.

C.

"Benefit" is any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to desire or consent of the beneficiary.

D.

"Bodily injury" or "physical injury" means physical pain, illness, or an impairment of physical condition.

E.

"Building", in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building.

F.

"Deadly weapon" means any explosive or loaded or unloaded firearm, and includes any other weapon, device, instrument, article, or substance, including a "vehicle" as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious bodily injury.

G.

"Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging.

H.

"Government" includes any branch, subdivision, or agency of the government of the State and any County, City, district, or other local governmental unit.

I.

"Governmental function" includes any activity which a public servant is legally authorized or permitted to undertake on behalf of a government.

J.

"Indicted" and "indictment" include "informed against" and "information"; and "informed against" and "information" include "indicted" and "indictment".

K.

"Judge" includes every judicial officer authorized alone or with others to hold or preside over a court.

L.

"Malice" and "maliciously" shall import an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.

M.

"Officer" and "public officer" means a person holding office under a city, county, or state government, or the federal government, who performs a public function, and in so doing is vested with the exercise of some sovereign power of government, and includes all assistants, deputies, clerks, and employees of any public officer and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer.

N.

"Omission" means a failure to act.

O.

"Peace officer" means a duly appointed city, county, or state law enforcement officer.

P.

"Pecuniary benefit" means any gain or advantage in the form of money, property, commercial interest, or anything else the primary significance of which is economic gain.

Q.

"Person", "he", and "actor" include any natural person and, where relevant, a corporation, joint stock association, or an unincorporated association.

R.

"Place of work" includes but is not limited to all the lands and other real property of a farm or ranch in the case of an actor who owns, operates, or is employed to work on such a farm or ranch.

S.

"Prison" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including but not limited to any state correctional institution or any county or city jail.

T.

"Prisoner" includes any person held in custody under process of law, or under lawful arrest.

U.

"Property" means anything of value, whether tangible or intangible, real or personal.

V.

"Public servant" means any person other than a witness who presently occupies the position of or has been elected, appointed, or designated to become an officer or employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant, or otherwise in performing a governmental function.

W.

"Signature" includes any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto.

X.

"Statute" means the Constitution or an act of the legislature or initiative or referendum of the State.

Y.

"Threat" means to communicate, directly or indirectly, the intent:

1.

To cause bodily injury in the future to the person threatened to or any other person; or

2.

To cause physical damage to the property of a person other than the actor; or

3.

To subject the person threatened or any other person to physical confinement or restraint; or

4.

To accuse any person of a crime or cause criminal charges to be instituted against any person; or

5.

To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or

6.

To reveal any information sought to be concealed by the person threatened; or

7.

To testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

8.

To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or

9.

To bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

10.

To do any other act which is intended to harm substantially the person threatened or another with respect to his health, safety, business, financial condition, or personal relationships.

Z.

"Vehicle" means a "motor vehicle" as defined in the vehicle and traffic laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.

AA.

Tense and gender. Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Pursuant to Laws of 1996, Chapter 308, Section 1 and RCW 39.34.180, all misdemeanor and gross misdemeanor offenses committed by adults within the city limits of the City of Port Angeles and referred by law enforcement officers or law enforcement agencies of the City of Port Angeles, whether filed under state law or city ordinance, shall be prosecuted by the City Attorney's office, shall be adjudicated as provided by agreement with the Clallam County District Court I, shall be sentenced and incarcerated as provided by law, and where such incarceration shall be by imposition of a jail sentence, the confinement may be in the Clallam County Correction Facility pursuant to agreement with Clallam County or in other alternative confinement arrangements as the courts or applicable law enforcement entities may deem appropriate.

(Ord. 2943 § 1, 1/1/1997)

Those provisions in the Revised Code of Washington, which apply to misdemeanor and gross misdemeanor offenses, are hereby adopted by reference in order to confirm the City's jurisdiction for carrying out its responsibilities under RCW 39.34.180. The City Clerk shall keep one copy of the Revised Code of Washington on file and available for public review.

(Ord. 2943 § 2, 1/1/1997)

Electronic home detention is hereby established as an alternative method of confinement of convicted defendants who are sentenced to imprisonment or incarceration.

(Ord. 2957 § 1, 4/25/1997)

The City Manager is authorized to enter into contracts with acceptable service providers to provide electronic home detention services to be administered by the City of Port Angeles Police Department.

(Ord. 2957 § 2, 4/25/1997)

The City of Port Angeles Chief of Police or his designee shall administer the City's electronic home detention program and monitor the defendants accepted for participation in said program and further shall promulgate reasonable and adequate rules and criteria and establish written policies regarding application for participation in the electronic home detention program, establish qualifications for acceptance, conditions for continued participation, and set reasonable fees and costs associated with the administration of the electronic home detention program. The Chief of Police or his designee is authorized to review and modify said rules and criteria and to establish policies from time to time as necessary to operate said program. The written rules and criteria and established policies shall be maintained by the Port Angeles Police Department and by the City Clerk of the City of Port Angeles and made available to the public for inspection upon request.

(Ord. 2957 § 3, 4/25/1997)

Kinds of culpability are defined as follows:

A.

Intent. A person acts with intent or intentionally when he acts with the objective or purpose to accomplish a result which constitutes a crime.

B.

Knowledge. A person knows or acts knowingly or with knowledge when he is aware of a fact, facts, or circumstances or result described by an ordinance defining an offense. A person may be found, but is not required to be found, to know or act knowingly or with knowledge when he has information which would lead a reasonable person in the same situation to believe that facts exist which facts are described by an ordinance defining an offense.

C.

Recklessness. A person is reckless or acts recklessly when he knows of and disregards a substantial risk that a wrongful act may occur, and his disregard of such substantial risk is a gross deviation from conduct that a reasonable man would exercise in the same situation.

D.

Criminal negligence. A person is criminally negligent or acts with criminal negligence when he fails to be aware of a substantial risk that a wrongful act may occur, and his failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable man would exercise in the same situation.

(Ord. 2442, 5/1/1987; Ord. 2188 § 2, 1/12/1982; Ord. 2129, 4/1/1981)

When an ordinance provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A.

A person is guilty of a crime if it is committed by the conduct of another person for which he is legally accountable.

B.

A person is legally accountable for the conduct of another person when:

1.

Acting with the kind of culpability that is sufficient for the commission of the crime, he causes an innocent or irresponsible person to engage in such conduct; or

2.

He is made accountable for the conduct of such other person by this title or by the law defining the crime; or

3.

He is an accomplice of such other person in the commission of the crime.

C.

A person is an accomplice of another person in the commission of the crime if:

1.

With knowledge that it will promote or facilitate the commission of the crime, he:

a.

Solicits, commands, encourages, or requests such other person to commit it, or

b.

Aids or agrees to aid such other person in planning or committing it; or

2.

His conduct is expressly declared by law to establish his complicity.

D.

A person who is legally incapable of committing a particular crime himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provisions establishing his incapacity.

E.

Unless otherwise provided by this title or by the law defining the crime, a person is not an accomplice in a crime committed by another person if:

1.

He is a victim of that crime; or

2.

He terminates his complicity prior to the commission of the crime, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime.

F.

A person legally accountable for the conduct of another person may be convicted on proof of the commission of the crime and of his complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A.

Definitions.

1.

"Agent" means any director, officer, or employee of a corporation, or any other person who is authorized to act on behalf of the corporation;

2.

"Corporation" includes any domestic, foreign, for-profit, nonprofit, or other corporation, joint stock association, agricultural cooperative, trade association, union, partnership, or other public or private entity doing business within the City.

3.

"High managerial agent" means an officer or director of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

B.

A corporation is guilty of an offense when:

1.

The conduct constituting the offense consists of an omission to discharge a specific duty of performance imposed on corporations by law; or

2.

The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and on behalf of the corporation; or

3.

The conduct constituting the offense is engaged in by an agent of the corporation, other than a high managerial agent, while acting within the scope of his employment and in behalf of the corporation, and

a.

The offense is a gross misdemeanor or misdemeanor, or

b.

The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation.

C.

A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf.

D.

Whenever a duty to act is imposed by law upon a corporation, any agent of the corporation who knows he has or shares primary responsibility for the discharge of the duty is criminally liable for a reckless or, if a high managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent.

E.

Any corporation which violates any provision of this title may, in addition to payment of any fine imposed, forfeit every right and license to do business in the City. Such rights and licenses may be removed by vote of the City Council, upon application by the City Attorney, at a regular hearing conducted for this purpose. A certified copy of the record of conviction may be forwarded to the Attorney General for other proceedings or actions to forfeit the right and franchise to do business in the State of Washington according to State law.

(Ord. 2442, 5/01/1987; Ord. 2188, § 3, 1/12/1982)

In this Chapter, unless a different meaning is plainly required:

A.

"Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

The use, attempt, or offer to use force upon or toward the person of another shall not be unlawful in the following cases:

A.

Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting him and acting under his direction;

B.

Whenever necessarily used by a person arresting one who has committed a felony and delivering him to a public officer competent to receive him into custody;

C.

Whenever used by a party about to be injured, or by another lawfully aiding him, in preventing or attempting to prevent an offense against his person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his possession, in case the force is not more than shall be necessary;

D.

Whenever used in a reasonable and moderate manner by a parent or his authorized agent, a guardian, master, or teacher in the exercise of lawful authority, to restrain or correct his child, ward, apprentice or scholar.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A.

In any prosecution for a crime, it is a defense that:

1.

The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or another would be liable to immediate death or immediate grievous bodily injury; and

2.

That such apprehension was reasonable upon the part of the actor; and

3.

That the actor would not have participated in the crime except for the duress involved.

B.

The defense of duress is not available if the actor intentionally or recklessly places himself in a situation in which it is probable that he will be subject to duress. The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A.

In any prosecution for a crime, it is a defense that:

1.

The criminal design originated in the mind of law enforcement officials, or any person acting under their direction; and

2.

The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit.

B.

The defense of entrapment is not established by a showing only that law enforcement officials merely afforded the actor an opportunity to commit a crime.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

In any action brought by or on behalf of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner's authorized employee or agent, and that such peace officer, owner, employee, or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft or shoplifting on such premises of such merchandise. As used in this section, "reasonable grounds" includes, but is not limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and a "reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his intoxication may be taken into consideration in determining such mental state.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

To establish the defense of insanity, it must be shown that:

A.

At the time of the commission of the offense, as a result of mental disease or defect, the mind of the actor was affected to such an extent that:

1.

He was unable to perceive the nature and quality of the act with which he is charged; or

2.

He was unable to tell right from wrong with reference to the particular act charged.

B.

The defense of insanity must be established by a preponderance of the evidence.

(Ord. 2442, 5/1/1987; Ord. 2188 § 4, 1/12/1982)

A.

A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime as defined by this title, he does any act which is a substantial step toward the commission of that crime.

B.

If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.

C.

An attempt to commit a crime is, and shall be punishable to the same extent as a Class II offense.

(Ord. 2442, 5/1/1987; Ord. 2188 § 5, 1/12/1982; Ord. 2129, 4/1/1981)

A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he offers to give or gives money or other things of value to another to engage in a specific conduct which would constitute such crime or which would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed. Criminal solicitation is a Class I misdemeanor.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A.

The Executive Director of the Port of Port Angeles may designate certain areas to which access by members of the public is restricted and/or prohibited, unless authorized herein. Restricted areas shall be clearly designated by markings on the ground and/or signs clearly posted in and about the areas so designated. Restricted areas may also, where practical, be separated from unrestricted areas by fences, barriers, gates, or other appropriate obstructions to free passage.

B.

Restricted areas shall be marked "RESTRICTED AREA/NO TRESPASSING; Authorized personnel only."

C.

Authorized persons shall include:

1.

Employees of the Port;

2.

Stevedores and stevedore employees in the performance of their operations;

3.

Agents, employees, or guests of vessels berthed at the marine terminal;

4.

Owners of vessels moored in the Port Angeles Boathaven or their guests or visitors. Visitor hours may be limited as deemed necessary by the executive director of the Port of Port Angeles. Visitor hours shall be posted at ramps, walkways, or other access areas;

5.

Owners or operators of aircraft, stopped, parked, or tied down in the Port Angeles Airport or their guests.

D.

Violation of this section shall be a Class I misdemeanor if the trespass occurs in or on a building, boat or plane. Each violation occurring in or on any other area shall be a Class II misdemeanor.

(Ord. 2241, 5/1/1987; Ord. 2194 § 4, 2/1/1982)

A.

A person is guilty of criminal possession of leased or rented machinery, equipment or a motor vehicle if the value thereof does not exceed $1,500.00 and if he:

1.

After renting machinery, equipment or a motor vehicle under an agreement in writing which provides for the return of said item to a particular place at a particular time, fails to return the item to said place within the time specified, is thereafter served by registered or certified mail addressed to him at his last known place of residence or business with a written demand to return said item within 72 hours from the time of the service of such demand, and wilfully neglects to return said item to any place of business of the lessor within five full business days from the date of service of said notice; or

2.

After leasing machinery, equipment or a motor vehicle under an agreement in writing which provides for periodic rental or lease payment for a period greater than six months duration, fails to pay the lessor for said item the periodic payments when due for a period of 90 days, is thereafter served by registered or certified mail addressed to him at his last known place of residence or business with a written demand to return the item to any place of business of the lessor within 72 hours from the time of the service of said demand and wilfully neglects to return said item to any place of business of the lessor within five full business days from the date of service of said notice.

B.

"Wilfully neglects", as used in this section, means omits, fails or forebears with intent to deprive the owner of or exert unauthorized control over the property, and specifically excludes the failure to return the item because of a bona fide contract dispute with the owner.

C.

It shall be a defense to any civil action arising out of or involving the arrest or detention of any person who rents or leases machinery, equipment or a motor vehicle that he failed to return the item to any place of business of the lessor within five full business days after receiving written demand therefor. Criminal possession of leased or rented machinery, equipment or a motor vehicle is a Class II misdemeanor.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A.

Any person who shall with intent to defraud, make, draw, utter, or deliver to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he has not sufficient funds in, or credit with the bank or other depository, to meet the check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check.

B.

The word "credit", as used herein, shall be construed to mean an arrangement or understanding with the bank or other depository of the payment of such check or draft, and the uttering or delivering of such a check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.

C.

Any person who shall with intent to defraud, make, draw, utter, or deliver to another person any check, or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor the check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within 20 days of issuing the check or draft shall be guilty of unlawful issuance of a bank check.

D.

Unlawful issuance of a bank check in an amount of $250.00 or less is a misdemeanor punishable by imprisonment for a term of not more than one year or by a fine of not more than $5,000.00, or both and shall be punished as follows:

a.

The Court shall order the defendant to make full restitution;

b.

The defendant need not be imprisoned, but the court shall impose a minimum fine of $500.00. Of the fine imposed, at least $50.00 shall not be suspended or deferred. Upon conviction for a second offence within a 12-month period, the court may suspend or defer only that portion of the fine which is in excess of $500.00.

(Ord. 2817 § 1, 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2188 § 9, 1/12/1982; Ord. 2129, 4/1/1981)

A.

Definitions. The following definitions apply in this chapter:

1.

"Litter" means all waste material including but not limited to disposable packages or containers thrown or deposited as herein prohibited but not including the waste of primary process of mining, logging, sawmilling, farming, or manufacturing.

2.

"Disposable package or container" means all packages or containers defined as such by rules and regulations adopted by the State of Washington Department of Ecology.

B.

Littering prohibited. No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the City or upon private property in the City not owned by him or in the waters within the City whether from a vehicle or otherwise including but not limited to any public highway, public park, public beach, campground, forest land, recreation area, trailer park, road, street or alley, except:

1.

Such properties designated by the City for the disposal of garbage and refuse, and such person is authorized to use such property for such purposes;

2.

Into a litter receptacle in such a manner that the litter would be prevented from being carried away or deposited by the elements upon any part of said private or public property or waters.

C.

Penalty. Littering is a Class II misdemeanor. In addition thereto, except where infirmity or age or other circumstances would create a hardship, such person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property and/or private property, with prior permission of the legal owner, for not less than eight hours nor more than 16 hours for each separate offense. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person's employment and does not interfere substantially with the person's family responsibilities.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Every person who obtains any food, lodging or accommodation at any hotel, restaurant, boardinghouse or lodginghouse without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at a hotel, restaurant, boardinghouse or lodginghouse by color or aid of any false pretense, representation, token or writing, or who after obtaining board, lodging or accommodation at a hotel, restaurant, boardinghouse or lodginghouse, surreptitiously removes his baggage therefrom without paying for such food, lodging or accommodation, shall be guilty of defrauding an innkeeper.

(Ord. 2442, 5/1/1987; Ord. 2188 § 10, 1/12/1982; Ord. 2129, 4/1/1981)

Any person who, with the intent to defraud, hires a taxicab or for-hire vehicle and refuses to pay or, knowing at the time of such hiring that he has insufficient funds, fails to pay for the services thereby obtained, shall be guilty of defrauding a taxicab or for-hire vehicle.

(Ord. 2442, 5/1/1987; Ord. 2188 § 11, 1/12/1982; Ord. 2129, 4/1/1981)

Any person who intentionally and knowingly obtains broadcast signals from a cable antenna television system by making any connection by wire to the cable, excepting from the wall outlet to the set, and who makes the connection without the consent of the operator of the system and in order to avoid payment to the operator shall be guilty of a Class I misdemeanor.

(Ord. 2816 § 3; 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Any person convicted of violating sections 9.16.160, or 9.16.170 of this chapter shall be guilty of a Class I misdemeanor, and sentenced accordingly, where:

A.

The value of the property or services forming the basis of the charge is equal to or greater than $100.00; or

B.

The person charged has been convicted or forfeited bail, within five years of the date of the incident or incidents forming the basis of the charge, of two or more previous crimes of theft, possession of stolen property, unlawful issuance of bank checks, or any kind of fraud under any city, county, state or federal law.

C.

All other violations of sections 9.16.160 or 9.16.170 shall be Class II misdemeanors and sentenced accordingly, provided that the court shall impose a minimum fine of $500.00. Of the fine imposed, at least $50.00 shall not be suspended or deferred where the conviction is the first such conviction within any 12-month period. Upon conviction of a second offense within any 12-month period of a crime of theft, possession of stolen property, unlawful issuance of bank checks or any kind of fraud under any city, county, state or federal law, the court may suspend or defer only that portion of the fine which is in excess of $500.00.

(Ord. 2817 § 4, 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2220 § 2, 6/29/1982; Ord. 2188 § 12, 1/12/1982)

A.

"Consumer fireworks" means any consumer firework as defined by RCW 70.77.136 as may be amended.

B.

"Display fireworks" means display fireworks as defined by RCW 70.77.131 as may be amended.

C.

"Small firework devices" trick and novelty devices as defined by WAC 212-17-030 as may be amended.

D.

"Sky lantern" means an airborne lantern typically made of paper with a wood frame containing a candle or fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. "Sky candles," "fire balloons," and "airborne paper lanterns" mean the same as sky lanterns. For purposes of this ordinance, sky lanterns are fireworks.

E.

"Fireworks" means any composition or device the sole purpose of which is to produce a visible or audible effect by combustion, deflagration, or detonation. "Fireworks" is intended to broadly include all materials and devices commonly recognized as fireworks. It includes, but is not limited to, the devices defined in paragraphs A through D above.

(Ord. 3530 § 2, 3/3/2015)

A.

Small firework devices may be sold and used at all times.

B.

Consumer fireworks shall not be sold or discharged in the City. Any person, firm, or corporation selling or discharging consumer fireworks in the City at any time shall commit a civil infraction. The penalty shall be a fine of $500.00.

C.

Public displays of fireworks in the City are permitted on the conditions that: 1) the person or entity handling or supervising the public display obtain a permit issued in accordance with section 9.20.030 below; and 2) the public display and the handling and supervision of the public display are done in accordance with all the applicable terms and provisions of Chapter 70.77 of the revised Code of Washington, as may be amended.

D.

Except as provided in paragraphs A and C above, the transfer, sale, possession, use, and discharge of fireworks is prohibited. Any person who violates the prohibition contained in this paragraph shall commit a civil infraction. The penalty shall be a fine of $500.00.

E.

Any person who shall discharge or otherwise use any fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another shall be guilty of a Class I misdemeanor.

F.

Any person who knowingly possesses, sells, transfers or agrees to sell or transfer within the City any display fireworks to any person who is not a fireworks licensee as provided for in Chapter 70.77 of the revised Code of Washington shall be guilty of a Class I misdemeanor.

(Ord. 3530 § 2, 3/3/2015)

Any person, firm or corporation intending to sell, possess, or discharge display fireworks within the City must obtain and pay the fee set forth in a resolution authorized by Chapter 1.25 PAMC, see Appendix A. The City Clerk is directed to issue such permits only if the application is approved by the City Fire Marshal, and the applicant is in compliance with the terms of this chapter and with Chapter 70.77 RCW.

(Ord. 3719 § 1, 9/5/2023; Ord. 3530 § 2, 3/3/2015)

A.

A person is guilty of disorderly conduct if he:

1.

Uses abusive language and thereby intentionally creates a risk of assault; or

2.

By act or gesture intentionally creates the risk of an assault; or

3.

Intentionally disrupts any lawful assembly or meeting of persons or intentionally obstructs vehicular or pedestrian traffic without express authorization from a Federal, State, County or City government official having apparent authority to do so or, if such assembly, meeting or traffic is on private property, the person or agent of the person in control thereof; or

4.

Knowingly urinates or defecates in any public or private place other than a public restroom, toilet, or other facility designed for such use; or

5.

Engages in assaultive behavior with one or more persons in any public place in the City.

B.

Disorderly conduct is a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $1,000.00, or both.

(Ord. 2817 § 5, 7/1/1994; Ord. 2447 § 1, 6/16/1987)

In any prosecution under section 9.24.010.A.4 the fact that the act of urinating or defecating did not cause reasonable affront or alarm to another shall not be a defense.

(Ord. 2447 § 1, 6/16/1987)

It shall be a Class II misdemeanor for any person to create a noise nuisance. For the purposes of this section, a "noise nuisance" is created where:

A.

A person intentionally makes or permits to be made any excessive noise which unreasonably and knowingly disturbs another, after being given notice that such noise is causing or will cause a disturbance; or

B.

The person plays or permits to be played any radio, television, musical instrument, stereo, or other machine or device for producing or reproducing sound in any manner so as to unreasonably and knowingly disturb another, after being given notice that such playing of the above instrument is causing or will cause a disturbance; or

C.

A person uses or permits to be used in a residential zone or in the vicinity of a hotel, motel or hospital, hand or power tools or machinery, resulting in unreasonably loud and disturbing noises between the hours of 10:00 p.m. and 7:00 a.m.

(Ord. 2447 § 1, 6/16/1987)

While in park areas, residential, or commercial zones, or any areas where residences, schools, human service facilities or commercial establishments are in obvious proximity to the source of the sound, it is unlawful for any person to cause, make or allow to be made from audio equipment under such person's control or ownership the following:

A.

Sound from a motor vehicle audio system, such as a radio, tape player or compact disc player, which is operated at such a volume that it can be clearly heard by the human ear at a distance of 75 feet or more from the vehicle itself; or

B.

Sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume that it can be clearly heard by the human ear at a distance of 75 feet or more from the source of the sound.

(Ord. 2612 § 1, 9/1/1990)

This chapter shall not apply to persons operating portable audio equipment upon their own premises, such as an owner or a tenant, in which event section 9.24.030 PAMC shall apply, or to persons operating such equipment with a public park for an event authorized pursuant to a permit issued under PAMC 12.12.040 or PAMC 12.04.040.

(Ord. 2612 § 2, 9/1/1990)

The content of the sound will not be considered in determining a violation of this chapter.

(Ord. 2612 § 3, 9/1/1990)

It shall be a Class II misdemeanor for any person to violate the provisions of this chapter.

(Ord. 2612 § 4, 9/1/1990)

(1)

It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, "premises" includes real property, houses, buildings and other structures, and motor vehicles and watercraft.

(2)

(a)

It is unlawful for any person under the age of 21 years to possess, consume, or otherwise acquire any liquor.

(b)

It is unlawful for a person under the age of 21 years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsections (4) or (5) of this section.

(3)

Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of 21 years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of 21 years on any premises licensed under Chapter 66.24 RCW.

(4)

This section does not apply to liquor given for medicinal purposes to a person under the age of 21 years by a parent, guardian, physician, or dentist.

(5)

This section does not apply to liquor given to a person under the age of 21 years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

(Ord. 2817 § 6, 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2188 § 18, 1/12/1982; Ord. 2129, 4/1/1981)

It shall be unlawful for any person under the age of 21 years to purchase or attempt to purchase liquor.

(Ord. 2817 § 8, 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Any person who invites a minor into a public place where liquor is sold and treats, gives or purchases liquor for such minor, or permits a minor to treat, give or purchase liquor for him; or holds out such minor to be over the age of 21 years to the owner of the liquor establishment, shall be guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both.

(Ord. 2817 § 9, 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

It shall be a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both:

A.

To serve or allow to remain on the premises of any tavern any person under the age of 21 years;

B.

For any person under the age of 21 years to enter or remain on the premises of any tavern;

C.

For any person under the age of 21 years to represent his age as being 21 or more years for the purpose of securing admission to or remaining on the premises of any tavern.

(Ord. 2817 § 10, 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

It shall be unlawful for any person to open or consume alcoholic beverages in any public place in the City wherein such conduct is not otherwise permitted by the laws of the State of Washington or ordinances of the City of Port Angeles as now existing or hereafter enacted or amended. Consuming alcohol in public is a misdemeanor punishable by a fine of not more than $100.00.

(Ord. 2817 § 13, 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Any person selling any liquor to any person apparently under the influence of liquor shall be guilty of a misdemeanor punishable as set forth in PAMC 9.34.200.

(Ord. 2817 § 14, 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Every person engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant or employee of such person, who shall knowingly permit any person to drink intoxicating liquor in any public conveyance, except in the compartment where such liquor is sold or served under the authority of a license lawfully issued, shall be guilty of a Class II misdemeanor.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Every person who shall drink any intoxicating liquor in any public conveyance, except in a compartment or place where sold or served under the authority of a license lawfully issued, shall be guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both.

(Ord. 2817 § 15 (part), 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic beverages shall be guilty of a misdemeanor; provided, that corroborative testimony of a witness other than the minor shall be a condition precedent to conviction. Unlawful transfer to a minor of an identification of age shall be a misdemeanor punishable as provided in PAMC 9.34.200 except that a minimum fine of $250.00 shall be imposed and any sentence requiring community service shall not require fewer than 25 hours of such service.

(Ord. 2817 § 15 (part), 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

All licensed premises used in the manufacture, storage or sale of liquor, or any premises or parts of premises used or in any way connected, physically or otherwise, with a licensed business, shall at all times be open to inspection by any inspector or peace officer. Every person being on any such premises and having charge thereof, who refuses or fails to admit an inspector or peace officer demanding to enter therein pursuant to this section and in execution of his duty, or who obstructs or attempts to obstruct the entry of such inspector or officer of the peace, or who refuses to allow an examination of the books of the licensee or who refuses or neglects to make any return pursuant to Title 66 RCW or regulations promulgated pursuant thereto shall be guilty of a misdemeanor punishable as set forth in PAMC 9.34.200.

(Ord. 2817 § 16 (part), 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

All holders of retail licenses for the sale of liquor for consumption on the premises shall provide in and about the parts of such premises, which are open to and are used by the public, sufficient lighting so that all objects are plainly visible at all times and all parts of such premises shall be illuminated so that patrons on any part of the premises on which intoxicating liquor is served shall be able to read a menu or liquor list printed in eight-point type. Improper lighting is a misdemeanor punishable as set forth in PAMC 9.34.200.

(Ord. 2817 § 16 (part), 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/01/1981)

No retail licensee, or employee thereof, shall sell, deliver, offer for sale, serve or allow to be consumed upon the licensed premises any alcoholic beverage, or permit the removal of any alcoholic beverage from the licensed premises in any manner whatsoever between the hours of 2:00 a.m. and 6:00 a.m., except on New Year's Day when the hour of closing shall not be later than 3:00 a.m. During closed hours, no person except a licensee or employee thereof shall be permitted to remain in a tavern or cocktail lounge portion of any Class H licensed premises; provided that other persons may be permitted to remain in a tavern or cocktail lounge portion of any Class H licensed premises for special events as long as no alcoholic beverages are sold, served or consumed during closed hours and prior written permission is obtained from the Chief of Police or his authorized designee. Violation of this section shall be a Class II misdemeanor.

(Ord. 2445 § 1, 9/2/1987; Ord. 2447 § 2, 6/16/1987; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A.

No licensee, or employee thereof, shall be disorderly, boisterous or intoxicated on the licensed premises, or on any public premises adjacent thereto which are under the licensee's control, nor shall any licensee, or employee thereof, permit any disorderly, boisterous or intoxicated person to be thereon; nor shall any licensee, or employee thereof, use or allow the use of profane or vulgar language thereon.

B.

No licensee, or employee thereof, shall consume liquor of any kind while working on the licensed premises.

C.

Improper conduct on licensed premises shall be a misdemeanor punishable as set forth in PAMC 9.34.200.

(Ord. 2817 § 16 (part), 7/1/1994; Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

A.

Pursuant to RCW 69.50.435, the City Council hereby designates as additional drug free zones the following public housing projects as depicted in the maps attached hereto as Exhibits A, B, C, D, and E:

B.

The attached maps depicting the locations and boundaries of the four public housing projects are hereby approved as the official location and record of the locations and boundaries of said areas and shall be filed with the City Clerk and maintained as official records of the City of Port Angeles.

(Ord. 3295, 9/14/2007; Ord. 2989, 5/1/1998)

Every person guilty of a violation of this chapter for which no penalty has been specifically provided shall be liable, on conviction, for a first offense to a penalty of not more than $500.00, or to imprisonment of not more than two months, or both; for a second offense to imprisonment for not more than six months; and for a third of subsequent offense to imprisonment for not more than one year. If the offender convicted of an offense referred to in this section is a corporation, it shall for a first offense be liable to a penalty of not more than $10,000.00, or to forfeiture of its corporate license, or both.

(Ord. 2817 § 17, 7/1/1994)

Exhibit A

Exhibit A-1

Exhibit B

Exhibit B-1

Exhibit C

Exhibit C-1

Exhibit D

Exhibit D-1

Exhibit E

Exhibit E-1

It shall be unlawful for any person having in his custody, or under his control, as parent, guardian or otherwise, any child under the age of 12 years to place or leave said child unattended by a competent or responsible person in a car, home or under any other circumstances whereby said child may be in danger or suffer through want of attention to its needs. Leaving children unattended is a Class II misdemeanor.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

Every person who shall commit a contempt of court of any one of the following kinds shall be guilty of a Class I misdemeanor:

A.

Disorderly, contemptuous or insolent behavior committed during the sitting of the court, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due to its authority; or

B.

Behavior of like character in the presence of a referee, while actually engaged in a trial or hearing pursuant to an order of court, or in the presence of a jury while actually sitting in the trial of a cause or upon an inquest or other proceeding authorized by law; or

C.

Breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of a court, jury or referee; or

D.

Wilful disobedience to the lawful process or mandate of a court; or

E.

Resistance, wilfully offered, to its lawful process or mandate; or

F.

Contumacious and unlawful refusal to be sworn as a witness or, after being sworn, to answer any legal and proper interrogatory; or

G.

Publication of a false or grossly inaccurate report of its proceedings; or

H.

Assuming to be an attorney or officer of a court or acting as such without authority.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

It shall be unlawful for any person to fire or discharge any gun, pistol or firearm of any type within the City of Port Angeles; provided that this section shall not apply to peace officers engaged in the lawful performance of their duties, or persons discharging starting guns at athletic events, or to persons target shooting at a duly licensed shooting gallery in a carnival, circus, fair, parade, or unless otherwise allowed by ordinances of City or State or specifically authorized in writing by the Chief of Police. Discharging firearms shall be a Class II misdemeanor.

(Ord. 2447 § 1, 6/16/1987)

A.

It shall be unlawful for any person to use or discharge air guns, "BB" guns, slingshots or any other device capable of shooting or hurling pellets, slugs, "BB" shot, buckshot or any other missile or pellet over, along, or across any public street, alley, property, or private property of another without the consent of the owner or person in control thereof, within the City.

B.

Any air gun, "BB" gun or other device used in violation of this section may be confiscated by the Port Angeles Police Department and forfeited to the City. Discharging airguns shall be a Class II misdemeanor.

(Ord. 2447 § 1, 6/16/1987)

No person shall knowingly possess or have under his control, with the intent to assault, threaten, intimidate, or harm another or to facilitate the commission of a crime, any electronic stun gun or other device designed to deliver an electronic charge, which apparently is capable of producing bodily harm or incapacitation to any degree, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons, provided that this section shall not apply to law enforcement officers engaged in the lawful performance of their duties. Any stun gun or other device possessed in violation of this section may be confiscated by the Port Angeles Police Department and forfeited to the City. Any person who violates the provisions of this Section shall be guilty of a Class I misdemeanor.

(Ord. 2817 § 18, 7/1/1994; Ord. 2447 § 1, 6/16/1987)

The City of Port Angeles shall be exempt from the prohibitions set forth in RCW 9.41.050(4) and Subsection 4 of Section 405 of Chapter 7 of the Washington Laws, 1994 First Special Session, as allowed by Subsection 405(6) of said law.

(Ord. 2831 § 1, 8/12/1994)

A.

Firearms that are (i) judicially forfeited and no longer needed for evidence, or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010, may be disposed of by the City of Port Angeles.

B.

The City of Port Angeles may destroy, retain, trade, auction or arrange for an auction of forfeited firearms obtained on or after June 30, 1993, by following the procedures set forth in RCW 9.41.098.

C.

The City of Port Angeles may retain the proceeds of any trade or auction of forfeited firearms.

(Ord. 2936, 11/29/1996)

It is the intent of this chapter to reduce the number of false alarms occurring within the City of Port Angeles and the resulting waste of City resources, to reduce the dangers inherent in emergency response, and to provide for corrective administrative action, including fees and potential disconnection and criminal penalties.

(Ord. 3356, 1/16/2009)

A.

"Automatic dialing device" means a device which is interconnected and is programmed to select predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for an emergency response.

B.

"Emergency alarm/emergency alarm system." An emergency alarm system is an alarm system incorporated into a residence or commercial structure that delivers some kind of message indicating an emergent situation, whether that be an intrusion, a crime in progress, a fire, or some other event requiring an immediate public safety response. Emergency alarm characteristics typically include some or all of the following: The system may comprise a central control unit which is directly or indirectly connected to every other component of the emergency alarm system. The central control unit may trigger and stop a visual, audible, or electronic alarm generator, either simultaneously or separately, upon receiving signals from other components of the emergency alarm system. A portable control element and a signal-generating detection may be used for starting and stopping the central control unit, which in turn triggers a power supply means to cause a change, through the visual alarm generator, in color of a visible outdoor board and to commence, through the audio alarm generator, an alarm. A hidden sensing circuit can serve as the signal-generating detection means.

C.

"False alarm" means the activation of an emergency alarm at a time when no event involving a foreseeable risk of grievous bodily harm is occurring or about to occur upon the premises. "False alarm" further includes the activation of any other emergency assistance request device at any time when there is no foreseeable risk of grievous bodily harm to any person upon the premises or property damage upon the premises from which said alarm is activated. Lifeline alarms and similar medical alert devices designed to allow persons living alone to summon medical assistance are specifically exempted.

D.

"Fire Chief" includes the Fire Chief of the City of Port Angeles and/or designee.

E.

"Interconnect" means to connect an alarm system, including an automatic dialing device, either directly or through a mechanical device for the purpose of transmitting a message upon the activation of an alarm system.

F.

"Owner" means the person having or maintaining the alarm on premises owned and/or occupied by that person.

G.

"Person" means any natural person, partnership, joint stock company, unincorporated association or society, or corporation of any character whatsoever.

H.

"Police Chief" includes the Police Chief of the City of Port Angeles and/or designee.

I.

"Response" shall be deemed to have occurred when the Police Department or Fire Department begins to proceed towards the premises as the result of an activation of an alarm.

J.

"Service," or its derivatives, shall be construed to mean personal service or service by certified mail, return receipt requested.

(Ord. 3356, 1/16/2009)

It is unlawful, and shall be declared a misdemeanor, to have or maintain on any premises an emergency alarm or alarm system unless there is on file with the Port Angeles Police Department an emergency response card containing the name(s), address(es) and current telephone number or numbers of person(s) authorized to enter said premises and turn off any alarm. Such emergency response card shall be in such form as prescribed by the Chief of Police or Fire Chief.

(Ord. 3356, 1/16/2009)

Any alarm audible on abutting property is hereby declared to be a public nuisance and may be abated by the Police Chief or Fire Chief. Either Chief may abate an emergency alarm system as a public nuisance in any of the following circumstances:

A.

If the subscriber fails to disable or disconnect a emergency alarm system for which a previous registration has been revoked or for which a previous registration has been conditioned and the conditions have not been fulfilled.

B.

An emergency alarm system which has not been registered under this ordinance.

C.

An emergency alarm system which does not meet the operational standards for alarm systems set forth in sections 9.50.090 and 9.50.100, or any other standards mandated by this ordinance.

D.

An emergency alarm system which has given false alarms exceeding six in any given calendar year.

E.

An emergency alarm system for which a registration has lapsed and the alarm system is still in operation.

(Ord. 3356, 1/16/2009)

For City response to any false emergency alarms, the City may assess a fee, as set forth in a resolution authorized by Chapter 1.25 PAMC (see Appendix A for fees), to the owner as follows:

A.

No fee will be assessed for a response to premises at which no other false alarm has occurred within the proceeding 180-day period (the "first response").

B.

A fee may be assessed upon a second response to the premises within 180 days after a first response. The owner of the alarmed premises must report to the Police Chief or Fire Chief, as appropriate, in writing:

1.

The cause for such false alarm;

2.

The corrective action taken;

3.

Whether and when such alarm has been inspected by authorized service personnel; and

4.

Such other information as the Chief of Police or Fire Chief may reasonably require to determine the cause of the false alarm and corrective action taken. The Chief of Police or Fire Chief may also direct the owner to have authorized personnel inspect and correct defects in the alarm system, at owner's expense.

C.

A fee may be assessed for a third response to the premises within 180 days after a second response. If said third false alarm or any succeeding false alarm occurs as a result of failure to take necessary corrective action, the Police Chief or the Fire Chief may order the owner to disconnect such alarm until such time as verification of corrective action is provided to the Police Chief or Fire Chief; provided, however, that no disconnect will be ordered for any premises required by law or regulation to have an alarm system in operation.

D.

In the event the Police Chief or Fire Chief determines that a false alarm occurred as a direct result of an interruption of electrical power, a telephone line malfunction, or a malfunction of the alarm equipment clearly beyond the control of the owner of the premises the City may waive its claim for fees. Such waiver is at the sole discretion of the Police Chief or Fire Chief, as appropriate.

E.

After four or more false alarms in a 12-month period, the Police Chief or Fire Chief may suspend emergency response to alarms initiated by an automatic dialing device.

(Ord. 3719 § 1, 9/5/2023; Ord. 3356, 1/16/2009)

A statement setting forth the fees due under this chapter or an order of disconnection under the provisions of this chapter shall be served upon the person having or maintaining the alarm on premises owned or occupied by them. With respect to business premises, the owner, manager, or chief administrative agent regularly assigned and employed on the premises at the time of the occurrences of a false alarm shall be presumed to be the person having or maintaining said alarm on said business premises.

(Ord. 3356, 1/16/2009)

Unless a written request for hearing is served upon the City Manager within 15 days of service of the statement described in section 9.50.060 above, the fees assessed in such statement shall become final.

(Ord. 3356, 1/16/2009)

The City Manager may authorize the City Attorney to collect the fees by appropriate legal action, and in connection with any proceeding to collect fees, the owner, in addition to the fee imposed by this chapter, shall be responsible for reasonable attorneys fees and court costs.

(Ord. 3356, 1/16/2009)

A.

It is unlawful for any person to program an alarm automatic dialing device to select any telephone line assigned to the City of Port Angeles and it is unlawful for any person to fail to disconnect or reprogram such device within 12 hours of receipt of written notice from the City to disconnect or reprogram the automatic dialing device. Automatic dialing devices may be programmed to dial commercial or private entities who have agreed in advance to receive such calls.

B.

Within 60 days after the effective date of the ordinance codified in this chapter, all existing automatic dialing devices programmed to select a telephone line assigned in the City shall be reprogrammed and/or disconnected.

(Ord. 3356, 1/16/2009)

Within 60 days after the effective date of the ordinance codified in this chapter, all alarms maintained on any premises in the City shall have an automatic reset device which will deactivate the alarm after 15 minutes of continuous operation. Any owner failing to install such an automatic reset device as required in this section shall be guilty of a misdemeanor.

(Ord. 3356, 1/16/2009)

A.

Tampering. It shall be unlawful and a misdemeanor for any person to tamper with or to cut, break, deface, or actuate any alarm device, wires, wires support or appurtenances thereto or to intentionally transmit an alarm knowing no emergency exists. A person violating this section may be punished in such manner as provided for misdemeanors with a fine of up to $1,000.00, or confinement to jail for up to 90 days, or both.

B.

Exception. Subsection (A) of this section shall not apply to City employees engaged in their official duties. Subsection (A) of this section further shall not apply to any competent representative of a manufacturer of burglary alarm equipment or alarm service company who, with the consent of the City, is modifying, adjusting, altering, or repairing, or replacing an alarm system or any of its component equipment; provided, that notice shall have first been provided to the City of Port Angeles.

C.

Subsection (A) of this section shall further not apply to any competent insurance rating engineer who is testing any system in discharge of his duties, with the consent of the City.

D.

Any person doing any work on an alarm system or auxiliary alarm system that may cause a signal to be transmitted to the City over any alarm system or network, shall notify the City before such work stating the time and place thereof.

(Ord. 3356, 1/16/2009)

Any person who shall intentionally give, make or turn in a false alarm, or of the need for police, fire, ambulance, or other emergency assistance, knowing such alarm to be false, or making the same with reckless disregard to the true conditions, and any person aiding or abetting another in the commission of such act, shall be guilty of a misdemeanor and may be punished in such manner as provided for misdemeanors with a fine of up to $1,000.00, or confinement to jail for up to 90 days, or both.

(Ord. 3356, 1/16/2009)

It shall be unlawful for any person charged with a violation under the ordinances of the City of Port Angeles, having been released on personal recognizance, order of the court, signed promise to appear, or the posting of bail or bond, with requirement of subsequent personal appearance before the judge of the municipal court, to wilfully fail to appear when required. Failure to appear is a Class I misdemeanor.

(Ord. 2442, 5/1/1987; Ord. 2129, 4/1/1981)

The purpose of sections 110 through 220 of this chapter is to reduce the number of requests for emergency assistance when no emergency exists, to reduce similar misuse of the 911 emergency response system, and to reduce wasteful or misappropriate use of City resources.

(Ord. 3472 § 1, 1/2/2013)

This chapter applies to all communications made to the emergency communications center, known as PenCom or Peninsula Communications, operated by the City.

(Ord. 3472 § 1, 1/2/2013)

For purposes of this chapter, the following words shall be defined as set forth in this section:

A.

"Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, and the manager, lessee, agent, servant, officer or employee of any of them.

B.

"Misuse of the 911 system" is a request made through the 911 emergency telephone system for emergency response when the caller does not have an objective, factual basis to request emergency assistance, or a person calls the 911 system for any purpose other than to report an emergency or request services in response to an emergency. Misuse of the 911 system includes 911 hang-up calls.

C.

"911 hang-up call" means any telephone call made through the 911 emergency telephone system that results in a completed connection to the emergency communications center where the caller, unless physically unable to do so, either: (1) fails to remain on the line and advise a dispatcher of the nature of the call; or (2) fails to answer a call-back from the Police Department to verify the nature of the call; or (3) fails to permit an operator to interrupt if the line is busy on call-back.

D.

"Emergency" means any condition in which a reasonable person would believe police, fire, or medical emergency services will result in: (1) the saving of a life; (2) mitigation of property damage; (3) quicker apprehension of a criminal; (4) assistance with potentially life-threatening medical problems; (5) suppression of a fire; (6) rescue from a situation that could result in death or serious bodily injury; (7) prevention of or response to an imminent crime; (8) or similar situation in which immediate police, fire, or medical assistance is required.

(Ord. 3472 § 1, 1/2/2013)

It shall be a violation of this chapter for any person to misuse the 911 system.

If a person claims that he or she did not violate this chapter because he or she had an objectively reasonable factual basis for an emergency request, that person shall have the burden of establishing such objectively reasonable factual basis.

(Ord. 3472 § 1, 1/2/2013)

The following procedures shall be available in the event of any violation of this chapter:

A.

Notice of violation and order to cease;

B.

Civil infraction; and

C.

Criminal violation.

These enforcement procedures shall not be mutually exclusive. Exercise of one procedure shall not constitute an election which prevents use of another procedure. The Chief of Police shall have the right and authority to determine which enforcement procedure(s) to employ and to combine enforcement procedures to effect the purposes of this chapter.

(Ord. 3472 § 1, 1/2/2013)

A.

When it is determined that a violation has occurred or is occurring, the City may issue a "notice of violation and order to cease" to the person responsible for the violation. A " notice of violation and order to cease" shall include the following:

1.

The name, telephone number and address of the person responsible for that violation; and

2.

A description of the violation; and

3.

A statement that the order may be appealed by filing a written request for hearing with the City Manager within 15 days of issuance of the order. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the order. An appeal hearing, timely requested, shall be set no less than 20 days but no more than 60 days from the date the notice and order is issued.

B.

Service on the person responsible for the violation may be done either personally or by mailing a copy of the citation or the notice and order by certified or registered mail, return receipt requested, to such person at their last known address.

(Ord. 3472 § 1, 1/2/2013)

A.

When it is determined that a violation has occurred or is occurring, the City may issue a notice of civil violation. The notice shall be in the form used for issuance of an infraction citation in municipal court and shall be subject to the civil rules for infractions.

B.

Service on the person responsible for the violation, may be done either personally or by any method authorized by law for service of infraction citations.

C.

Each separate violation of any provision of this chapter is a civil offense subject to a fine of $250.00 for each offense.

(Ord. 3472 § 1, 1/2/2013)

Misuse of the 911 system occurring three or more times within 12 months shall constitute telephone harassment under RCW 9.61.230.

(Ord. 3472 § 1, 1/2/2013)

The person responsible for any violation of this chapter is the person who actually abuses the 911 system. In the absence of other evidence of the identity, the person to whom the telephone number is registered shall be responsible for any violation of this chapter; provided, however, that with respect to a business premises, the owner, manager, or chief administrative agent regularly assigned and/or employed on the premises at the time of the occurrence of the misuse of the 911 system shall be responsible.

(Ord. 3472 § 1, 1/2/2013)

The City may seek any legal or equitable relief available at any time to mitigate any acts or practices that violate the provisions of this chapter or abate any condition that constitutes a nuisance.

(Ord. 3472 § 1, 1/2/2013)

If the person cited fails to pay a penalty imposed pursuant to this chapter, the penalty may be referred to a collection agency. The cost to the City for the collection services shall be added as costs to the amount to be collected. Alternatively, the City may pursue collection in any other manner allowed by law.

(Ord. 3472 § 1, 1/2/2013)

The provisions of this chapter shall be administered by the Chief of Police or his designee. The Chief of Police, or designee, shall have the authority to implement the provisions of this chapter.

(Ord. 3472 § 1, 1/2/2013)