Ordinance 1530ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
AMENDING CHAPTERS 5.20 AND 5.12 OF THE EDMONDS
CITY CODE BY REPEALING SECTION 5.20.050 AND
CREATING A NEW SECTION 5.20.050 PROHIBITING
CRIMINAL TRESPASS, REPEALING SECTION 5.20.060
AND CREATING A NEW SECTION 5.20.060 PROHIBITING
UNPRIVILEGED AND UNLICENSED TRESPASS UPON SCHOOL
GROUNDS,RECODIFYING SECTION 5.12.100 AS NEW
SECTION 5.20.070, CREATING A NEW SEVERABILITY
CLAUSE FOR CHAPTER 5.20. BEING NEW SECTION
5.20.080, PROVIDING NEW PENALTIES FOR CHAPTER
5.20 BY THE CREATION OF NEW SECTION 5.20.090,
AND REPEALING SECTION 5.12.101 (SECTION 3,
ORDINANCE NO. 1319) OF THE EDMONDS CITY CODE.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code, Section 5.20.050,
is hereby repealed and a new Section 5.20.050 is hereby
adopted to read as follows:
Section 5.20.050 Criminal tres]2ass.
(1) Every person, knowing that he is not
licensed or privileged to do so, who enters
or remains in any building or occupied structure
or separately secured or occupied portion thereof
including but not limited to publicly owned or
occupied buildings, structures or portions there-
of shall be guilty of criminal trespass.
(2) Every person, knowing that he is not
licensed or privileged to do so, who enters
or remains in any public or private place or
on any public or private premises as to which
notice against trespass thereon is given by
the owner or some other authorized person,
through (a) actual communication to the actor,
or (b) posting in a manner prescribed by law
or reasonably likely to come to the attention of
intruders or (c) fencing or other enclosure
manifestly designed to exclude intruders, shall
be guilty of criminal trespass.
(3) Every person, knowing that he is not
licensed or privileged to remain, who defies
an order to leave public or private places or
public or private premises communicated to him
by the owner of said place or premises or by
some other authorized person, shall be guilty
of criminal trespass.
It is a defense to prosecution for criminal
trespass under this section that (a) the building
or occupied structure referred to in subsection
(1) above was abandoned, or (b) any place or
premises referred to in this section were at
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the time open to members of the public and the
actor complied with all lawful conditions
imposed on access to or remaining in the premises
or (c) the actor in this section or other person
empowered to license access thereto would have
licensed him to enter or remain or (d) the actor
had possession of the premises originally under
a landlord -tenant relationship or as mortgagor
or vendee on a real estate contract
Section 2. Edmonds City Code, Section 5.20.060,
is hereby repealed and a new Section 5.20.060 is hereby
adopted to read as follows:
Section 5.20.060 School grounds. Every person,
knowing that he is not licensed or privileged to
remain, or is not on school business, who defies
an order to leave any public school grounds,
including both land and buildings, and means of
ingress and egress to the school grounds, com-
municated to him by any member of the paid school
staff, or by a police officer, shall be guilty of
criminal trespass upon school grounds. In the event
the initial entry upon the school grounds, including
ingress or egress thereto, was licensed or privil-
eged, or believed by the actor to be licensed or
privileged, upon communication to him of the
order to leave as set forth above in this section,
any such license or privilege shall immediately
cease.
Section 3. The Edmonds City Code, Section 5.12.100,
is hereby recodified as Section 5.20.070, and as recodi-
fied shall read as follows:
Section 5.20.070 Loitering or Prowling. It
shall be unlawful for any person or persons to
loiter or prowl in a place, at a time, or in a
manner not usual for lawabiding individuals under
circumstances that warrant alarm for the safety
of persons or property in the vicinity. Among
the circumstances which may be considered in
determining whether such alarm is warranted is
the fact that the actor takes flight upon
appearance of a police officer, refuses to iden-
tify himself, or manifestly endeavors to conceal
himself or any object. Unless flight by the
actor or other circumstance makes it impracticable,
a police officer shall prior to any arrest for
an offense under this section afford the actor
an opportunity to dispel any alarm which would
otherwise be warranted, by requesting him to
identify himself and explain his presence and
conduct. No person shall be convicted of an
offense under this Section if the police officer
did not comply with the preceding sentence, or if
it appears at trial that the explanation given by
the actor was true and, if believed by the police
officer at the time, would have dispelled the alarm.
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Section 4. There is hereby created a new section
in the Edmonds City Code to read as follows:
Section 5'.20'.'080 Severability. If any provisions
of Chapter 5.20 of the Edmonds City Code or the
application thereof to any person or circumstance
is held invalid, such invalidity shall not effect
other provisions or applications of said Chapter
which can be given effect without the invalid
provision or application, and, to this end, pro-
visions of this chapter are declared to be severable.
Section 5.
There is hereby created a new section
in the Edmonds City Code to read as follows:
Section 5.20.090 Penalties. Any person convicted
of violating any provision of Chapter 5.20 of the
Edmonds City Code shall be guilty of a misdemeanor
and shall be subject to the penalties set forth
in Section 5.12.170 of the Edmonds City Code.
Section 6. The Edmonds City Code, Section 5.12.101
(Section 3, Ordinance No. 1319) is hereby repealed.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
n
CI Y ATTORNEY
PASSED BY THE CITY COUNCIL: January 19, 1971
FILED WITH THE CITY CLERK: January 5, 1971
PUBLISHED: January 27, 1971
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