Chapter 10.04
GENERAL PROVISIONS AND DEFINITIONS

Sections:

10.04.005    Adoption by reference.

10.04.010    Title.

10.04.015    Offenses committed prior to effective date.

10.04.020    Prosecution under expired or repealed ordinance.

10.04.040    Construction of words.

10.04.050    Misdemeanor penalty.

10.04.060    Gross misdemeanor penalty.

10.04.065    Penalty designations.

10.04.070    Arrest beyond city limits authorized.

10.04.080    Authority to arrest on grounds of reasonable belief.

10.04.085    Person receiving civil infraction notice – Identification and detention.

10.04.090    Promise of court appearance, nonappearance penalty, fail to pay.

10.04.100    Bail jumping.

10.04.110    Violation – Judgment for fines and costs.

10.04.130    Definitions.

10.04.135    References to the Revised Code of Washington.

10.04.140    Washington Administrative Code.

10.04.150    Restitution.

10.04.160    Severability.

10.04.005 Adoption by reference.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.04.060    Common law to supplement statutes.

9A.04.070    Who amenable to criminal statutes.

9A.04.090    Application of general provisions of code.

[Ord. 10912 § 2, 1997].

10.04.010 Title.

This title shall be known and may be cited as Bellingham criminal and infraction code. [Ord. 10912 § 2, 1997].

10.04.015 Offenses committed prior to effective date.

The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of the ordinance codified in this title, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted. [Ord. 10912 § 2, 1997].

10.04.020 Prosecution under expired or repealed ordinance.

No offense committed and no penalty or forfeiture incurred previous to the time when any ordinance expires or is repealed, whether such repeal be express or implied, shall be affected by such expiration or repeal, unless a contrary intention is expressly declared in the expiring or repealing ordinance, and no prosecution for any offense or for the recovery of any penalty or forfeiture pending at the time any ordinance expires or is repealed, whether such repeal be express or implied, shall be affected by such expiration or repeal, but the same shall proceed in all respects as if such ordinance had not expired or been repealed, unless a contrary intention is expressly declared in the expiring or repealing ordinance. Whenever any ordinance defining an offense or making conduct unlawful is amended or repealed, whether such amendment or repeal be express or implied, any offense committed, conduct engaged in or penalty or forfeiture incurred while the ordinance was in force shall be punished or enforced as if the ordinance were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing ordinance, and every such amendatory or repealing ordinance shall be so construed as to save all proceedings under the amended or repealed ordinance pending at the time of the amendatory or repealing ordinance unless a contrary intention is expressly declared therein. [Ord. 10912 § 2, 1997].

10.04.040 Construction of words.

Words in the present tense include the future tense; the masculine includes the feminine and neuter genders; the singular includes the plural; and vice versa. [Ord. 10912 § 2, 1997].

10.04.050 Misdemeanor penalty.

Unless otherwise provided, any offense designated in this title shall be a misdemeanor, and shall be punishable by a fine of not more than $1,000, or by imprisonment not to exceed 90 days, or both such fine and imprisonment. [Ord. 10912 § 2, 1997; Code 1980 at § 10.04.080].

10.04.060 Gross misdemeanor penalty.

Every person convicted of a gross misdemeanor shall be punished by imprisonment for a maximum term fixed by the court of not more than 364 days, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine. [Ord. 2013-02-006 § 14; Ord. 10912 § 2, 1997].

10.04.065 Penalty designations.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this title shall be guilty of a misdemeanor unless a different punishment is prescribed by the specific ordinance violated.

B. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued or permitted by any such person, and he or she shall be punished accordingly. [Ord. 10912 § 2, 1997].

10.04.070 Arrest beyond city limits authorized.

Members of the police department are authorized to go beyond the Bellingham city limits while in fresh pursuit of persons who have committed crimes in the city and to make arrests of those persons. [Ord. 10912 § 2, 1997].

10.04.080 Authority to arrest on grounds of reasonable belief.

Any police officer having information to support a reasonable belief that a person has committed or is committing a misdemeanor under this title involving physical harm or threats of harm of any person or property, or the unlawful taking of property, or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of 21 years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest said person; provided, that nothing in this section shall extend or otherwise affect the powers of arrest prescribed in the Bellingham traffic code. Police officers shall also have the authority to arrest without a warrant as provided in RCW 10.31.100. RCW 10.31.100 is hereby adopted by reference as though fully set forth herein. [Ord. 10912 § 2, 1997].

10.04.085 Person receiving civil infraction notice – Identification and detention.

A person who is to receive a notice of infraction under the Bellingham Municipal Code is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon request of the officer, the person shall produce reasonable identification, including a driver’s license or identicard.

The officer may detain the person for a reasonable period of time necessary to confirm the identity of the person, to check for outstanding warrants, and to complete and issue the notice of civil infraction. [Ord. 10912 § 2, 1997].

10.04.090 Promise of court appearance, nonappearance penalty, fail to pay.

A. Except for traffic or other civil infractions or citations, any person arrested for violation of this title, or BMC Title 11, who is eligible for release on personal recognizance, shall give his or her written promise to appear in municipal court at an agreed time in order to secure release pending said appearance.

B. Any person who willfully fails to pay a monetary penalty or to perform community service as required by the municipal court under this title or BMC Title 11 may be found in contempt of court as provided in Chapter 7.21 RCW.

C. Any person who willfully fails to respond as provided in Chapter 11.33 BMC to five or more notices of parking infraction issued pursuant to Chapter 11.33 or 11.36 BMC shall be guilty of a misdemeanor regardless of the disposition of the notices of infraction.

D. Violating a written promise to appear or failure to respond to a criminal citation or summons, as directed by the citation or summons, shall be punishable as a misdemeanor. The penalty for failure to respond to five or more parking infractions shall be a fine of $25.00 per infraction. [Ord. 2006-09-088; Ord. 10912 § 2, 1997].

10.04.100 Bail jumping.

Any person having been released by court order or admitted to bail with the requirement of a subsequent personal appearance before the municipal court, and who knowingly fails, without lawful excuse, to appear as required is guilty of bail jumping. Unless otherwise established, the failure to appear when required shall be inferred to have been without lawful excuse. This offense shall be considered a misdemeanor. [Ord. 10912 § 2, 1997].

10.04.110 Violation – Judgment for fines and costs.

Upon a judgment for fine and costs rendered on a conviction of a violation, execution may be issued against the property of a defendant and returned in the same manner as in civil actions. [Ord. 10912 § 2, 1997].

10.04.130 Definitions.

In this chapter, unless a different meaning plainly is required:

“Act” or “action” means a bodily movement whether voluntary or involuntary.

“Acted” includes, where relevant, omitted to act.

“Actor” includes, where relevant, a person failing to act.

“Bodily injury” or “physical injury” means significant:

A. Physical pain;

B. Illness; or

C. An impairment of physical condition.

“Deadly force” means force which creates a substantial risk of causing death or serious bodily injury.

“Deadly weapon” means an explosive, firearm, or other weapon, device, instrument, article or substance, including a “vehicle” as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious bodily injury.

“Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging.

“Forcible felony” means any felony which involves the use or threat of physical force or violence against any person.

“Judge” includes every judicial officer authorized, alone or with others, to hold or preside over a court.

“Motor vehicle” means every vehicle which is self-propelled or propelled by electric power obtained from overhead trolley wires.

“Officer” and “public officer” has its ordinary meaning and includes all assistants, deputies, clerks and employees of any public officer and all persons exercising or assuming to exercise any of the powers or functions of a public officer.

“Omission” means a failure to act.

“Ordinance” means an ordinance of the city of Bellingham.

“Peace officer” means a public officer charged with the duty to enforce public order and to make arrests for offenses under this subtitle or under the criminal laws of the state.

“Person,” “he” and “actor” include any natural person, and, in addition, a corporation or an unincorporated association unless a contrary intention plainly appears.

“Prison” or “jail” means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.

“Prisoner” includes any person held in custody under process of law, or under lawful arrest.

“Property” includes any thing of value, whether tangible or intangible and includes both real and personal property.

“Reasonably believes” or “reasonable belief” designates a belief which the actor is not reckless or criminally negligent in holding.

“Serious bodily injury” or “serious physical injury” means bodily injury which creates a substantial risk of death or which causes serious disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

“Sexual conduct” means any of the following:

A. Sexual intercourse in its ordinary sense which occurs upon any penetration, however slight, or contact between persons involving the sex organs of one and the mouth or anus of another;

B. Masturbation, manual or instrumental, of one person by another.

“Statute” means the Constitution or an act of the Legislature of this state.

“Vehicle” means a motor vehicle as defined in this section, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.

“Voluntary” has the meaning specified in BMC 10.06.020. [Ord. 10912 § 2, 1997].

10.04.135 References to the Revised Code of Washington.

References to the Revised Code of Washington (RCW) incorporates, by reference, such sections of the Revised Code of Washington now in effect or as subsequently amended including, but not limited to, any applicable definitions section associated with such sections. In adopting state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. [Ord. 10912 § 2, 1997].

10.04.140 Washington Administrative Code.

References to the Washington Administrative Code (WAC) incorporates, by reference, such sections of the Washington Administrative Code now in effect or as subsequently amended, including, but not limited to, any applicable definition section associated with such sections. In adopting state statutes and administrative codes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. [Ord. 10912 § 2, 1997].

10.04.150 Restitution.

The Bellingham municipal court may impose restitution as provided in RCW 9A.20.030. [Ord. 10912 § 2, 1997].

10.04.160 Severability.

If any provision of this title or its application or circumstances is held invalid, the remainder of the title or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable. [Ord. 10912 § 2, 1997].