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Pasco, WA Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
PMC 9.75.010
Alarm indicators
flight, refusal to identify, concealment
Pre-arrest step
officer must request identification/explanation
Conviction bar
true, lawful explanation defeats charge
Ordinance history
Ord. 2559 (1985), amended 1988, 1991

Summary

Pasco bars loitering or prowling in a place, time, or manner unusual for law-abiding people when the circumstances suggest criminal intent or warrant alarm for safety. Officers must give the person a chance to explain before arresting.

It shall be unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals and under circumstances that either manifest the intent to commit an act or acts in violation of this title or that warrant alarm for the safety of persons or property in the vicinity.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 4837, passed May 4, 2026).

Full Breakdown

010 makes it unlawful to loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that either manifest intent to commit an act violating Title 9 or that warrant alarm for the safety of persons or property nearby. 020 lists example circumstances relevant to determining unlawful purpose, such as fleeing at the appearance of a police officer, refusing to identify oneself, or trying to conceal oneself or an object, while making clear these examples are not exclusive.

Two due-process safeguards follow. 030 requires that, unless flight or other circumstances make it impractical, an officer must give the person an opportunity to dispel the alarm by asking them to identify themselves and explain their presence and conduct before making any arrest under the chapter. 040 then bars conviction if the officer skipped that step, or if trial testimony shows the explanation the person gave was true and disclosed a lawful purpose. The chapter dates to Ord. 2559 (1985), refined by Ord. 2703 (1988) and Ord.

36 numbering. This structure means Pasco's loitering law is built around an officer-identification exchange rather than an outright presence ban, distinguishing lawful late-night pedestrians from someone whose conduct and evasiveness together suggest an intent to commit a crime.

Violations & Fines

Loitering is not separately classed within Chapter 9.75, so it falls under the general misdemeanor/infraction penalty framework of PMC Title 9. A conviction requires the officer to have first followed the identification procedure in PMC 9.75.030; failing that step, or the person's explanation proving true and lawful under PMC 9.75.040, bars conviction outright.

Frequently Asked Questions

Can I be arrested for loitering just for standing around?
No. PMC 9.75.010 requires circumstances that manifest an intent to commit a crime or warrant alarm for safety, such as those listed in PMC 9.75.020 like fleeing police or refusing to identify yourself, not mere presence in a public place.
Do police have to ask me to explain myself before arresting for loitering?
Yes, unless flight or other circumstances make it impractical. PMC 9.75.030 requires the officer to request identification and an explanation of your presence and conduct before arresting you under the loitering chapter.
Can a loitering charge be beaten if my explanation was true?
Yes. PMC 9.75.040 bars conviction if the officer failed to follow the identification procedure, or if trial evidence shows the explanation you gave the officer was true and disclosed a lawful purpose for being there.

Sources & Official References

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