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HomeMy WebLinkAbout2616 Crimes/Miscellaneous Offenses/Curfew Violations/Prohibit HuntingOrainan e/ AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING ORDINANCE NO. 2611; AMENDING CHAPTER 9.04, CRIMES, OF THE PORT TOWNSEND MUNICIPAL CODE, CHANGING THE TITLE TO READ "MISCELLANEOUS OFFENSES;" REPEALING SECTIONS 9.04.070-.100 RELATING TO CURFEW VIOLATIONS; CREATING A NEW SECTION 9.04.070 TO PROHIBIT HUNTING; AND ADDING A PENALTY SECTION WtW~S, Sections 9.04.070, 9.04.080, 9.04.090 and 9.04.100 of the Port Townsend Municipal Code were enacted in 1950 by Ordinance 1251, to establish juvenile curfews and to criminalize violations of the same. Since enactment, Washington courts have repeatedly found similar local ordinances to be unconstitutional. Further, in 1994 the Washington legislature enacted RCW 35.21.635, which prohibits local governments from including criminal sanctions in curfew ordinances; and WHEREAS, Port Townsend's 1950 curfew ordinance is unconstitutional and violates RCW 35.21.635. Port Townsend Police have been instructed not to enforce the ordinance. The Port Townsend City Council therefore finds that there is no valid reason to retain the curfew ordinance within Port Townsend's Municipal Code; and WHEREAS, prior to the enactment of Ordinance No. 2611, Port Townsend had not prohibited hunting and trapping wildlife within Port Townsend's municipal boundaries. As provided in Title 77 RCW, Washington's wildlife resources are a public responsibility. Washington law establishes a governmental and public interest in the preservation, protection, and perpetuation of all wildlife species; and WHEREAS, while Port Townsend is the home for numerous wildlife species, Port Townsend is also an urban community, with residents having an expectation of safety from the discharge of firearms within city limits. Since 1976, the Port Townsend Municipal Code has prohibited the discharge of firearms within the city (PTMC 9.04.040). Similarly, in an urban area, it is not appropriate to risk the safety of domestic pets and children who may encounter lethal traps for wildlife capture, and suffer injury and potential death from such traps; and WHEREAS, the Council finds that concerns for public safety mandate that hunting and lethal trapping of wildlife be prohibited within the city, except for hunting done by police and wildlife agencies; and WHEREAS, wildlife control and management may from time-to-time be necessary to address wildlife population problems, disease, hazards to pets, and similar public health, safety and welfare concerns. However, the Council finds that wildlife control and management is not the appropriate role of citizens. In managing and controlling wildlife, the City relies on the Washington Department of Wildlife, acting in accordance with good management practices pursuant to Washington law. Further, from time-to-time, the Port Townsend Police Department and/or the Jefferson County Animal Services or other agencies may need to capture or hunt wildlife to protect public safety and welfare; and WHEREAS, at a regularly scheduled meeting on November 3, 1997, the City Council enacted Ordinance 2611, which prohibited hunting and trapping. Ordinance 2611 is hereby repealed and recodified in Chapter 9.04 PTMC, for the purpose of greater clarity of codification in the Port Townsend Municipal Code; and WHEREAS, while Chapter 9.04 PTMC purports to criminalize certain conduct, the chapter does not contain a penalty section. Pursuant to its authority under Washington law, the City Council hereby establishes criminal penalties for violations of Chapter 9.04 PTMC, NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: SECTION 1. Ordinance No. 2611 adopted November 3, 1997 is hereby repealed. SECTION 2. Sections 9.04.070, .080, .090. and. 100 of Chapter 9.04, CRIMF_3, relating to juvenile curfews of the Port Townsend Municipal Code are hereby repealed. [REPEALED] 9.04.070 Curfew - Under 18. It is unlawful for any child under the age of 18 years unless accompanied by a parent, guardian, or other person having the legal custody of such child, to be on any of the streets, alleys, public squares, parks, or sidewalks of the city between the hours of 10:30 p.m. and 6:00 a.m., unless such child is therein necessarily by reason of its employment or by virtue of a special written permit dated on the day such child is so found and signed by the parent, guardian or other person having the legal custody of such child found on the sweets, alleys, public squares or sidewalks between the hours. (Ord. 1251 § 1, 1950), [REPEALED] 9.04.080 Curfew - Under 10. It is unlawful for any child under the age of 10 years unless accompanied by a parent, guardian, or other person having the legal custody of such child, to be on any of the streets, alleys, public squares, sidewalks or parks of the city between the hours of 9:30 p.m. and 6:00 a.m. unless such child is therein necessarily by reason of ils employment or by virtue of a special written permit dated on the day such child is so found and signed by the parent, guardian or other person having the legal custody of such child found on said streets, alleys, public squares or sidewalks between the hours. (Ord. 1251 § 2, 1950). [REPEALED] 9.04.090 Parents of curfew violators. All parents, guardians, and other persons within the city having or who may hereafter have immediate custody of any child under the age of 18 years who shall by any act or omission, encourage, cause or contribute to the violation of the terms of PTMC 9.04.070 through 9.04.100 by any such child shall be guilty of a misdemeanor and shall be punished according to the provisions of PTMC 1.01.020. (Ord. 1251 § 3, 1950). 2 Ord. c~, [REPEALED] 9.04.100 Arrest of curfew violator. Any police officer of the city shall arrest without warrant any child who is found violating the provisions of PTMC 9.04.070 through 9.04.100 and shall forthwith deliver such child so arrested to the custody of a person in parental relation to the child, or in case of habitual or incorrigible children under said age, shall bring him or her before the police judge. The police judge shall, if he be convinced that the child so arrested is guilty of willful and continued violation of PTMC 9.04.070 through 9.04.100 bind the child over to the juvenile department of the superior court of Jefferson County to be dealt with according to law. (Ord. 1251 § 4, 1950). SECTION 3. The title of Chapter 9.04, CRIMES, of the Port Townsend Municipal Code is hereby changed to read "MISCELLANEOUS OFFENSES," and new Sections 9.04.070, Hunting, and 9.04.080, Penalties, are hereby adopted and shall read as follows: Chapter 9.04 · _.~,~lv,,_~., MISCELLANEOUS OFFENSES Sections: 9.04.010 9.04.020 9.04.030 9.04.040 9.04.050 9.04.060 9.04.070 9.04.080 Unlawful deposits. False fire alarms. Debris in sewer system. Firearm or explosive - Use prohibited. Bows and arrows - Use regulated. Supplying intoxicated person with gasoline. ..... ~' ........ ~--'° [REPEALED] ~.UIIGW -- UIIU~C31 IO. .... ~' .............. [REPEALED] ~,...UII~i;~/ -- %../IIUIGI llJ. ~,, ,~,~,,~ viola~oi-s. [REPEALED] ....... ~ ..... ~ ...... '-' ..... [REPEALEDI /"~IIU~L Ol bUIIUW VlOltatOl. Penalties. 9.04.010 Unlawful deposits. It is unlawful for any person or persons to deposit or cause to be deposited in any street, alley or vacant lot within the city limits any brush, straw, hay, manure, barrels, boxes, boards, paper, ashes, stones, vegetables or any rubbish of any kind or nature. (Ord. 656 § 1, 1901). 9.04.020 False fire alarms. Whoever knowingly causes or makes any false alarm of fire within the city is guilty of a misdemeanor and shall, upon conviction thereof, be punished according to the provisions of PTMC 1.01.020. This section shall not apply to the chief of the fire department, when such alarms may be deemed proper for the purpose of discipline of firemen. (Ord. 691 § 1, 1904). 9.04.030 Debris in sewer system. It is unlawful for any person or persons to throw any stones, sticks, garbage or debris of any kind 3 Ord. into any lamphole, manhole or flush tank or the sewer system, or to molest in any way any cover, drip pan, or pipe of the sewer system without proper authority to do so within the city limits. (Ord. 802 § 1, 1911). 9.04.040 Firearm or explosive - Use prohibited. It is unlawful for any person, persons or combination of persons to discharge, fire or detonate any firearm, or to set or cause any explosion of any kind within the corporate limits of the city, excepting that those display fireworks permitted by the laws of the state, and such blasting under licensed and controlled conditions as may be required for construction under city regulations, shall be allowed. (Ord. 1756 § 1, 1976). 9.04.050 Bows and arrows - Use regulated. A. It is unlawful for any person, persons or combination of persons to shoot or use a bow (including crossbow, compound and recurve) and arrow, other than a toy bow and arrow (soft rubber tip) within the corporate limits of the city except for the following uses: 1. Law enforcement purposes; 2. Classes conducted on the grounds of a public school or city, county or state park, with the approval of the agency administering the site of the activity; 3. On private property with the express permission of the owner or owners with the following provisions: a. The placement of a natural or manufactured backstop of sufficient size to insure capture of inaccurate or accidentally discharged arrows, b. Such backstop must not be closer than 500 feet from any dwelling or access way on adjacent public or private property. B. It shall also be unlawful for any person, or persons or combination of persons to shoot an arrow, other than a toy arrow (soft rubber tip) from any point onto private or public property unless authorized by the owner of the property onto which the arrow is shot and the conduct is permissible under the other terms of this section. (Ord. 2337 § 1, 1993). 9.04.060 Supplying intoxicated person with gasoline. It is unlawful for any person, partnership, firm or corporation within the corporate limits of the city to sell, loan, give or deliver gasoline to any intoxicated person. (Ord. 1062 § 1, 1936). 9.04.070 ]:Junking It is unlawful to hunt; trap or capture, or attempt to hunt, trap or capture any animal or bird within the city.: provided; that this section shall not apply to the following persons or activities: A. Hunting, trapping, or capture of animals or birds by law enforcement officers, or game department personnel while engaged in the performance of their official duties; B. Hunting, trapping or capturing of rats, mice, moles, or similar vermin; or 4 Ord. C. The non-lethal trapping or capturing of animals or birds by means designed to ensure the safety and well-being of the animals. (Ord. ~ § 3, 1997.) 9.04.080 Penalties. A. Any person convicted of a violation of Sections 9.04.010, 9.04.020, 9.04.030, 9.04.040, 9.04.050 and 9.04.060 of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 or imprisonment of not more than 180 days, or by both the fine and imprisonment. B. Any person convicted of a violation of Section 9.04.070 of this chapter shall be guilty of a gross misdemeanor, punishable by a fine of not less then $250.00 and not more than $1,000.00, or by imprisonment of not more than 364 days, or by both the fine and imprisonment. (Ord. ~ § 3, 1997.) SECTION 4. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 1st day of December, 1997. Attest: Pam Kolacy, City Clerk 11/20/97 Ord\{Ch_9-04.doc} Ju~McCulloch, Mayor Approved as to Form: City Attorney 5 Ord.