A. 
A person is guilty of public disturbance if he or she causes a public disturbance or is in possession and control of property on which a public nuisance disturbance occurs. The following sounds are determined to be public nuisance disturbances:
1. 
The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law.
2. 
The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property.
3. 
Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property.
4. 
The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, condominium, or yard adjacent thereto which unreasonably interferes with the peace, comfort, and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings.
5. 
The creating of frequent, repetitive or continuous sounds made by any animal, such as barking or howling, except that such sound made in animal shelters, commercial kennels, veterinary hospitals, pet shops or pet kennels licensed under and otherwise in compliance with the Pacific Municipal Code shall be exempt from this subsection.
6. 
Sound from motor vehicle audio sound systems such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.
7. 
Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator. This provision shall not apply to such sounds emitted from scheduled events or activities at game and recreational facilities such as public address systems for park and game events or concerts or similar park or recreation activities.
8. 
The creation of frequent, repetitive or continuous sounds in connection with outdoor construction or the movement of construction-related materials, including noise made by devices capable of producing sound by either striking or cutting objects such as hammers, saws or other equipment with internal combustion engines; provided, however, such sounds shall be exempt from the provisions of this code under the following circumstances:
a. 
During the hours of 7:00 a.m. through 7:00 p.m., Monday through Friday, and 9:00 a.m. through 7:00 p.m. on Saturdays, Sundays and legal holidays.
b. 
In commercial areas not adjacent to residential areas.
c. 
The activities associated with the remodeling of single-family homes, general landscaping or home maintenance; provided, that the activities do not involve the use of powered equipment such as backhoes, trucks, tractors, earth-moving equipment, or equipment of a similar nature that is not normally associated with basic home maintenance activities.
d. 
Construction activity may be permitted outside the hourly limits set forth in subsection (A)(8)(a) of this section only upon application and approval by the community development director. Criteria for approval shall include project remoteness, undue hardship or other reasonable standards. Approval may only be for specific dates and times and under terms that the approval official deems appropriate under the circumstances.
e. 
Through the land use permit process, the city may further restrict the hours of construction in unique circumstances or where there are particularly sensitive receptors, such as senior housing, schools or other uses which may be adversely impacted by noise during these hours.
f. 
Permitted construction hours applicable to each construction activity shall be posted on the construction site in a visible location for the duration of that activity.
B. 
The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace.
C. 
Public disturbance is a misdemeanor.
(Ord. 1389 § 21, 1998; Ord. 1697 § 1, 2008)
The following sections of Chapters 9.91 and 9A.84 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full:
RCW 9.91.025
Unlawful bus contact.
RCW 9A.84.010
Riot.
RCW 9A.84.020
Failure to disperse.
(Ord. 1389 § 22, 1998)
A. 
A person is guilty of urinating in public if the person intentionally urinates or defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.
B. 
A violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed $250.00.
(Ord. 1389 § 23, 1998)
A. 
The following sections of Chapters 9.40 and 9A.48 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full:
RCW 9.40.100
Tampering with fire alarm or fire fighting equipment – False alarm – Penalties.
RCW 9A.48.010
Definitions.
RCW 9A.48.050
Reckless burning in the second degree.
RCW 9A.48.060
Reckless burning – Defense.
RCW 9A.48.090
Malicious mischief in the third degree.
RCW 9A.48.100
Malicious mischief – "Physical damage" defined.
RCW 9A.48.110
Defacing a state monument.
B. 
Graffiti Violations.
1. 
Prohibited. No person shall commit the offenses of graffiti, aggravated graffiti, or possession of graffiti tools, as defined herein.
2. 
Graffiti Defined. A person is guilty of the offense of "graffiti" if he or she willfully defaces public or private property, including any property of the city, by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures being transferred onto the face of said private or public property, unless the person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such private property, or unless the act is done under the personal direction of said owner or tenant, and provided, such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations.
3. 
Aggravated Graffiti Defined. A person is guilty of the offense of "aggravated graffiti" if he or she has been previously convicted of graffiti, or malicious mischief in the third degree, or a similar offense, and commits the offense of graffiti.
4. 
Possession of Graffiti Tools Defined. A person is guilty of the offense of "possession of graffiti tools" if he or she possesses a pressurized container, acid etch or any other object capable of defacing property, under circumstances demonstrating an intent to commit graffiti. Refer to RCW 6.30.050.
5. 
Unlawful to Furnish to Minor. It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell, give, or in any way furnish to another person under the age of 18 years any pressurized container. It shall be a defense to a violation of this subsection that the person, firm, or corporation which sold, gave, or furnished any pressurized container did so after first obtaining bona fide evidence of majority and identity. For purposes of this subsection, "bona fide evidence of majority and identity" is any document evidencing the age and identity of an individual, which has been issued by a federal, state, or local governmental entity, and includes, but is not limited to:
a. 
A valid or recently expired driver's license or instruction permit that contains the signature, date of birth, and a photograph of the individual;
b. 
A Washington State identicard or an identification card issued by another state that contains the signature and a photograph of the individual;
c. 
An identification card issued by the United States, a state, or agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency, that contains the signature, date of birth, and a photograph of the individual;
d. 
A military identification card that contains the signature, date of birth, and a photograph of the individual;
e. 
A United States passport that contains the signature, date of birth, and a photograph of the individual;
f. 
An Immigration and Naturalization Service form that contains the signature, date of birth, and photograph of the individual; or
g. 
If the individual is a minor, an affidavit of the individual's parent or guardian where the parent or guardian displays or provides at least one piece of identifying documentation, as specified in this subsection, along with additional documentation establishing the relationship between the parent or guardian and the applicant.
6. 
Unlawful for Minor to Purchase. It shall be unlawful for any person under the age of 18 years to purchase a pressurized container.
7. 
Possession with Intent. It is unlawful for any person to possess a pressurized container, or any other object capable of defacing property, for the purpose of committing graffiti vandalism.
8. 
Minor in Possession. It is unlawful for any individual under the age of 18 years, who is not accompanied by a responsible adult, to possess a pressurized container in or upon a public place or private property, without the consent of the owner, lessee, or other person entitled to legal possession thereof.
9. 
Graffiti Definitions. The following terms shall apply to this section:
a. 
"Owner"
means any entity or entities having a legal or equitable interest in real or personal property, including, but not limited to, the interest of a tenant or lessee.
b. 
"Premises open to the public"
means all public spaces, including, but not limited to, streets, alleys, sidewalks, parks, and public open space, as well as private property onto which the public is regularly invited or permitted to enter for any purpose, the doorways and entrances to those buildings or dwellings, and the grounds enclosing them.
c. 
"Pressurized container"
means any can, bottle, spray device, or other mechanism designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices, and is capable of marking property.
d. 
"Property"
means any real or personal property which is affixed, incidental, or appurtenant to real property, including, but not limited to, any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.
e. 
"Unauthorized"
means without the prior express permission or consent of the owner of the property or of the person in control of the property.
10. 
Penalties. Other than as specified in Chapter 1.16 PMC, any person violating the provisions of this section shall be guilty of a gross misdemeanor and shall, in addition to any other fine imposed, be further subject to a mandatory imposition of assessment of costs pursuant to Chapter 10.64 RCW in the amount of $50.00 per day of jail actually imposed; and in addition to this penalty, such person may, in the sound discretion of the court, be directed by the court to erase and remove from any public place or any public property or any private property with the permission of the owner or the person in possession of the property upon which it is established that such person has committed the offense of graffiti any and all graffiti inscribed thereon by anyone prior to the date of the execution of the sentence. In addition to any financial penalties under this section, any person found guilty of aggravated graffiti shall be punished by imprisonment of not less than five days upon the first such conviction, imprisonment of not less than 10 days upon the second such conviction, and imprisonment of not less than 30 days upon the third or subsequent convictions.
11. 
Exception for Community Service and Supervised Projects. The provisions of this section shall not apply to instances where the minor is in possession of or has been provided painting supplies as a part of a supervised community service project or a project where adult supervision is provided for a graffiti abatement program or for a nongraffiti painting project.
C. 
Action Against Parent for Willful Injury to Property by Minor. The parent or parents of any minor child under the age of 18 years who is living with the parent or parents and who shall willfully or maliciously destroy, damage or deface property, real or personal or mixed, shall be liable to the owner of such property in a civil action at law for damages in an amount not to exceed $5,000. This section shall in no way limit the amount of recovery against the parent or parents for their own liability under negligent or intentional tort or other basis under the law.
D. 
Rewards. The city may offer a reward not to exceed $300.00 for information leading to the identification and apprehension of any person who willfully defaces, damages or destroys any public or private property by the use of graffiti, malicious mischief, or reckless burning. The actual amount awarded (not to exceed $300.00) shall be determined in the discretion of the chief of police. In the event of damage to public property, the offender or the parents of any unemancipated minor must reimburse the city for any reward paid. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. Claims for rewards under this section shall be filed with the chief of police or his/her designee in the manner specified by the Pacific police department. No claim for a reward shall be allowed unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied.
(Ord. 1389 § 25, 1998; Ord. 1755 § 1, 2010)
The parent or parents of any minor child under the age of 18 years who is living with the parent or parents and who shall willfully or maliciously destroy, damage or deface property, real or personal or mixed, shall be liable to the owner of such property in a civil action at law for damages in an amount not to exceed $5,000. This section shall in no way limit the amount of recovery against the parent or parents for their own liability under negligent or intentional tort or other basis under the law.
(Ord. 1755 § 2, 2010)
The following sections of Chapters 9.03 and 9.66 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full:
RCW 9.03.010
Abandoning, discarding refrigeration equipment.
RCW 9.03.020
Permitting unused equipment to remain on premises.
RCW 9.03.040
Keeping or storing equipment for sale.
RCW 9.66.010
Public nuisance.
RCW 9.66.030
Maintaining or permitting nuisance.
RCW 9.66.050
Deposit of unwholesome substance.
(Ord. 1389 § 26, 1998)
The following sections of Chapters 9.24 and 9A.50 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full:
RCW 9.24.040
Corporation doing business without a license.
RCW 9A.50.010
Definitions.
RCW 9A.50.020
Interference with health care facility.
RCW 9A.50.030
Penalty.
(Ord. 1389 § 27, 1998)
The following sections of Chapter 9.73 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full:
RCW 9.73.020
Opening sealed letter.
RCW 9.73.030
Intercepting, recording or divulging private communication – Consent required – Exceptions.
RCW 9.73.070
Persons and activities excepted from chapter.
RCW 9.73.080
Intercepting, recording, or divulging private communication – Penalty.
RCW 9.73.090
Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility.
(Ord. 1389 § 28, 1998)
(Repealed by Ord. 1389)