How Kennewick Handles Public Conduct: A Practical Guide

Kennewick maintains 93 local ordinances across all categories, and 4 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Kennewick falls on the strict-to-permissive spectrum compared to other cities.

Outdoor Smoking Restrictions

Kennewick bans smoking and vaping within 20 feet of any playground or tot-lot in a city park, a class 3 infraction. Citywide, the Indoor Clean Air Ordinance also bars smoking within a presumptively reasonable 25-foot buffer of entrances, exits, open windows and vents of any enclosed public place or workplace.

Key details: Park playground buffer: 20 feet, KMC 10.08.040(2)(h). Public-place/workplace buffer: 25 feet, KMC 9.40.065. Park violation class: Class 3 infraction. Clean Air Ordinance fine: Up to $100 per infraction. Rebuttal process: Apply to Benton Franklin Health District.

Smoking or vaping within 20 feet of a park playground is a class 3 infraction under KMC 10.08.040(2), and repeat or serious park offenders can be issued a trespass notice barring them from City parks for 30 to 365 days. Smoking within the 25-foot buffer of an enclosed public place or workplace entrance under KMC 9.40.030 is a civil infraction carrying up to a $100 fine per KMC 9.40.070, and the fire marshal enforces the owner's posting duty under KMC 9.40.050, also punishable by up to $100 per day of continuing violation.

Public Marijuana Use

Kennewick bans opening a marijuana package or consuming marijuana, useable marijuana, marijuana-infused products or concentrates in view of the general public, treating it as a class 3 civil infraction.

Key details: Prohibited act: Consuming marijuana in public view. Penalty class: Class 3 civil infraction. Governing code: KMC 9.32.020(4). Related harsher rule: Gross misdemeanor, public drug use. Enforcement statute: Chapter 7.80 RCW.

Public marijuana consumption or display in view of the public is a class 3 civil infraction under KMC 9.32.020(4); knowing use of a controlled substance in public is a separate gross misdemeanor under KMC 9.32.020(6).

Compared to other cities, Kennewick takes a harder line on public marijuana use. The enforcement and penalty structure reflects that.

Public Alcohol Use

Kennewick makes it a civil infraction, not a crime, to open a package of liquor or drink it in any public place inside city limits. KMC 10.16.051 caps the fine at $500 and lets police cite offenders on the spot rather than book them, unless another law specifically allows the drinking.

Key details: Governing section: KMC 10.16.051. Offense class: Civil infraction. Maximum penalty: $500 civil fine. Park exception: Needs WSLCB permit or city approval. Chapter: 10.16, Alcohol & Tobacco Offenses.

A first violation of KMC 10.16.051 is a civil infraction carrying a penalty of up to $500, issued by citation rather than arrest. The related park-alcohol rule in KMC 10.16.061 has no separate fine of its own; because it falls elsewhere in Chapter 10.16, a violation defaults to the chapter's general penalty clause, KMC 10.16.900, which makes most Chapter 10.16 violations misdemeanors. There is no administrative appeal built into the section; a cited civil infraction is contested in court like any other infraction.

Public Urination

Kennewick makes it a misdemeanor to intentionally urinate or defecate anywhere in public other than a washroom or toilet room. The ban, KMC 10.06.095, sits in the public morals chapter's broad definition of "public place," reaching streets, sidewalks, parking lots, parks and any building open to the general public.

Key details: Offense: Intentional public urination/defecation. Classification: Misdemeanor, KMC 10.06.110. Exempt location: Washroom or toilet room. "Public place" definition: Streets, parks, lots, open buildings. Governing chapter: KMC 10.06, Offenses Against Public Morals.

Urinating or defecating in a public place outside a restroom is a misdemeanor under KMC 10.06.095, carrying the chapter's default penalty of up to a misdemeanor conviction per KMC 10.06.110. The offense requires proof of intent, distinguishing it from an accidental or medically necessary act, and is enforced directly by Kennewick Police rather than through a civil notice-and-order process.

The Bottom Line

Kennewick's public conduct rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Kennewick is broadly strict or permissive.

Keep in mind that Kennewick can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.