Pasco, WA Public Conduct: Loitering Rules (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.
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?
Do police have to ask me to explain myself before arresting for loitering?
Can a loitering charge be beaten if my explanation was true?
Sources & Official References
Other rules in Pasco
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