Chapter 7.04 CHEHALIS CRIMINAL CODE

Chapter 7.04
CHEHALIS CRIMINAL CODE

Sections:

7.04.005 Adopted by reference – Violation – Penalty.

7.04.010 –

7.04.120 Repealed.

7.04.130 Nuisances.

7.04.140 –

7.04.310 Repealed.

7.04.005 Adopted by reference – Violation – Penalty.

A. The following provisions of the Revised Code of Washington, as now in force or hereafter amended, added to, or deleted from, shall be and they hereby are adopted by reference; provided, however, that provisions of said titles defining or relating solely to felony offenses are excluded from such adoption by reference:

Preliminary Article

RCW

9A.04.020 Purposes – Principles of construction

9A.04.030 State criminal jurisdiction

9A.04.050 People capable of committing crimes – Capability of children

9A.04.060 Common law to supplement statute

9A.04.070 Who amenable to criminal statutes

9A.04.080 Limitation of actions

9A.04.090 Application of general provisions of the code

9A.04.100 Proof beyond a reasonable doubt

9A.04.110 Definitions

Principles of Liability

RCW

9A.08.010 General requirements of culpability

9A.08.020 Liability for conduct of another – Complicity

9A.08.030 Corporate and personal liability

Anticipatory Crimes

RCW

9A.28.020 Criminal attempt

9A.28.030 Criminal solicitation

9A.28.040 Criminal conspiracy

Insanity

RCW

9A.12.010 Insanity

Defenses

RCW

9A.16.010 Definitions

9A.16.020 Use of force – When lawful

9A.16.060 Duress

9A.16.070 Entrapment

9A.16.080 Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense

9A.16.090 Intoxication

9A.16.100 Use of force on children – Policy – Actions presumed unreasonable

Crimes Against Persons

RCW

9.91.060 Leaving children unattended in parked automobile

9A.36.041 Assault in the fourth degree

9A.36.050 Reckless endangerment

9A.36.070 Coercion

9A.40.010 Definitions [Custodial Interference]

9A.40.070 Custodial interference in the second degree

9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted

9A.42.005 Findings and intent – Christian Science treatment – Rules of evidence [Criminal Mistreatment]

9A.42.010 Definitions [Criminal Mistreatment]

9A.42.035 Criminal mistreatment in the third degree

9A.42.037 Criminal mistreatment in the fourth degree

9A.42.080 Abandonment of a dependent person in the third degree – Exception

9A.42.090 Abandonment of a dependent person – Defense

9A.42.110 Leaving a child in the care of a sex offender

Harassment

RCW

9.61.230 Telephone harassment

9.61.240 Telephone harassment – Permitting telephone to be used

9.61.250 Telephone harassment – Offense, where deemed committed

9.61.260 Cyberstalking

9.91.010 Denial of civil rights – Terms defined

9A.46.010 Legislative finding

9A.46.020 Definition – Penalties

9A.46.030 Place where committed

9A.46.040 Court-ordered requirements upon person charged with crime – Violation

9A.46.050 Arraignment – No-contact order

9A.46.060 Crimes included in harassment

9A.46.070 Enforcement of orders restricting contact

9A.46.080 Order restricting contact – Violation

9A.46.090 Nonliability of peace officer

9A.46.100 “Convicted,” time when

9A.46.110 Stalking

28B.10.901 Hazing prohibited – Penalty

Crimes Against Property

RCW

9A.48.010 Definitions

9A.48.050 Reckless burning in the second degree

9A.48.060 Reckless burning – Defense

9A.48.090 Malicious mischief in the third degree

9A.48.100 Malicious mischief – “Physical damage” defined

9A.52.070 Criminal trespass in the first degree

9A.52.080 Criminal trespass in the second degree

9A.52.090 Criminal trespass – Defenses

9A.52.120 Computer trespass in the second degree

9A.52.130 Computer trespass – Commission of other crime

Theft

RCW

9.91.010 Denial of civil rights – Terms defined

9.91.140 Food stamps – Unlawful sale

9.91.142 Food stamps – Trafficking

9A.52.010 Definitions (Burglary and Trespass)

9A.52.040 Interference of intent

9A.52.060 Making or having burglar tools

9A.52.100 Vehicle prowling in the second degree

9A.56.010 Definitions

9A.56.020 Theft – Definition, defense

9A.56.050 Theft in the third degree

9A.56.060 Unlawful issuance of check or drafts

9A.56.063 Making or possessing motor vehicle theft tools

9A.56.096 Theft of rental, leased, or lease/purchased property

9A.56.100 Theft and larceny equated

9A.56.140 Possessing stolen property – Definition – Presumption

9A.56.170 Possessing stolen property in the third degree

9A.56.180 Obscuring the identity of a machine

9A.56.220 Theft of subscription television services

9A.56.240 Forfeiture and disposal of device used to commit violation

9A.56.260 Connection of channel converter

9A.56.270 Shopping cart theft

9A.56.330 Possession of another’s identification

9A.60.010 Definitions (Fraud)

9A.60.045 Criminal impersonation in the second degree

9A.60.050 False certification

9A.61.010 Definitions (Defrauding a Public Utility)

9A.61.020 Defrauding a public utility

9A.61.050 Defraud a public utility in the third degree

9A.61.060 Restitution and costs

9A.61.070 Damages not precluded

19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud – Penalty

19.194.030 Prohibited acts – Gross misdemeanor (Trade-in or Exchange of Computer Hardware)

46.61.740 Theft of motor vehicle fuel

46.80.110 License penalties, civil fines, criminal penalties

Domestic Violence

RCW

9A.36.150 Interference with the reporting of domestic violence

10.99.010 Purpose – Intent

10.99.020 Definitions (Domestic Violence – Official Response)

10.99.030 Law enforcement officers – Training, powers, duties – Domestic violence reports

10.99.040 Duties of court – No-contact order

10.99.045 Appearances by defendant – No-contact order

10.99.050 Victim contact – Restrictions, prohibition – Violation, penalties – Written order – Procedures – Notice of change

10.99.055 Enforcement of orders

10.99.060 Prosecutor’s notice to victim – Description of available procedures

10.99.070 Liability of peace officers

10.99.080 Penalty assessment

26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity

26.10.220 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity

26.44.010 Declaration of purpose

26.44.015 Limitations of chapter

26.44.020 Definitions (Abuse of Children)

26.44.030 Reports – Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Interviews of children – Records – Risk assessment process

26.44.040 Reports – Oral, written – Contents

26.44.060 Immunity from civil or criminal liability – Confidential communications not violated – Actions against state not affected – False report, penalty

26.44.063 Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order

26.44.067 Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty

26.44.080 Violation – Penalty

26.50.010 Definitions (Domestic Violence Prevention)

26.50.020 Commencement of action – Jurisdiction – Venue

26.50.025 Orders under this chapter and Chapter 26.09, 26.10, or 26.26 – Enforcement – Consolidation

26.50.080 Issuance of order – Assistance of peace officer – Designation of appropriate law enforcement agency

26.50.110 Violation of order – Penalties

26.50.115 Enforcement of ex parte order – Knowledge of order prerequisite to penalties – Reasonable efforts to serve copy of order

26.50.120 Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Costs and attorney’s fee

26.50.140 Peace officers – Immunity

26.50.150 Domestic violence perpetrator programs

26.52.005 Findings – Intent

26.52.010 Definitions

26.52.020 Foreign protection orders – Validity

26.52.050 Peace officer immunity

26.52.070 Violation of foreign orders – Penalties

26.52.080 Child custody disputes

Sexual Misconduct

RCW

9.68.050 “Erotic material” – Definitions

9.68.060 “Erotic material” – Determination by court – Labeling – Penalties

9.68.070 Prosecution for violation of RCW 9.68.060 – Defense

9.68.080 Unlawful acts

9.68.090 Exceptions to RCW 9.68.050 through 9.68.120

9.68.130 Sexually explicit materials – Defined – Unlawful display

9.68A.001 Legislative finding (Sexual Exploitation of Children)

9.68A.011 Definitions (Sexual Exploitation of Children)

9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct – Civil immunity

9.68A.090 Communication with minor for immoral purposes – Penalties

9.68A.110 Certain defenses barred, permitted

9.68A.120 Seizure and forfeiture of property

9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty

9.69.100 Duty of witness of offense against child or any violent offense – Penalty

9A.44.010 Definitions

9A.44.020 Testimony – Evidence – Written motion – Admissibility

9A.44.030 Defenses to prosecution under this chapter

9A.44.096 Sexual misconduct with a minor in the second degree

9A.44.120 Admissibility of child’s statement – Conditions

9A.44.150 Testimony of child by closed-circuit television

9A.88.010 Indecent exposure

9A.88.030 Prostitution

9A.88.050 Prostitution – Sex of parties immaterial – No defense

9A.88.090 Permitting prostitution

9A.88.110 Patronizing a prostitute

9A.88.120 Additional fee assessments

9A.88.130 Additional requirements

9A.88.140 Vehicle impoundment

Firearms and Dangerous Weapons

RCW

9.41.010 Terms defined

9.41.050 Carrying firearms

9.41.060 Exceptions to restrictions on carrying firearms

9.41.098 Forfeiture of firearms – Disposition – Confiscation

9.41.185 Coyote getters

9.41.230 Aiming or discharging firearms, dangerous weapons

9.41.240 Possession of pistol by person from eighteen to twenty-one

9.41.250 Dangerous weapons – Penalty

9.41.260 Dangerous exhibitions

9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions

9.41.280 Possessing dangerous weapons on school facilities – Penalty – Exceptions

9.41.300 Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty

9.41.800 Surrender of weapons or licenses – Prohibition on future possession or licensing

9.41.810 Penalty

77.15.460 Loaded firearm in vehicle – Unlawful use or possession – Penalty

Fire and Explosives

RCW

9.40.040 Operating engine or boiler without spark arrester

9.40.100 Tampering with fire alarm or fire fighting equipment – False alarm – Penalties

52.12.101 Burning permits

70.74.160 Unlawful access to explosives

70.74.295 Abandonment of explosives

70.74.310 Gas bombs, explosives, stink bombs, etc.

Crimes Against Government

RCW

7.21.040 Punitive sanctions – Fines (Contempt of Court)

9.69.100 Duty of witness of offense against child or any violent offense – Penalty

9A.44.130 Registration of sex offenders and kidnapping offenders – Procedures – Definition – Penalties

9A.60.045 Criminal impersonation in the second degree

9A.76.010 Definitions (Obstructing Governmental Operations)

9A.76.020 Obstruct a law enforcement officer

9A.76.030 Refusing to summon aid for a peace officer

9A.76.040 Resisting arrest

9A.76.050 Rendering criminal assistance – Definition of term

9A.76.060 Relative defined

9A.76.080 Rendering criminal assistance in the second degree

9A.76.090 Rendering criminal assistance in the third degree

9A.76.100 Compounding

9A.76.130 Escape in the third degree

9A.76.160 Introducing contraband in the third degree

9A.76.170 Bail jumping

9A.76.175 Making a false or misleading statement to a public servant

13.32A.080 Unlawful harboring of a minor – Penalty – Defense – Prosecution of adult for involving child in commission of offense

18.165.050 Private investigator agency license – Requirements, restrictions – Assignment or transfer

18.170.160 Licenses required – Use of public law enforcement insignia prohibited – Penalties – Enforcement

Drug and Alcohol Offenses

RCW

9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated

9.47A.010 Definition (Inhaling Toxic Fumes)

9.47A.030 Possession of certain substances prohibited, when

9.47A.040 Sale of certain substances prohibited, when

9.47A.050 Penalty

66.04 Definitions

66.20 Liquor Permits

66.24.380 Special Occasion License – Fee – Penalty

66.28.090 Licensed premises or banquet permit premises open to inspection – Failure to allow, violation

66.28.210 Keg registration – Requirements of purchaser

66.28.220 Keg registration – Identification of containers – Rules – Fees – Sale in violation of rules unlawful

66.28.230 Keg registration – Furnishing to minors – Penalties

66.32 Search and seizure

66.44 Enforcement – Penalties

69.41.010 Definitions

69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions – Penalty

69.41.050 Labeling requirements – Penalty

69.41.230 Drugs in violation are contraband

69.41.300 Definitions

69.41.350 Penalties

69.41.900 Severability – 1979 c 110

69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Exceptions – Penalty

69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Penalty

69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions

69.43.135 Iodine, methylsulfonylmethane – Sales restrictions – Recording of transactions – Penalties

69.43.170 Ephedrine, pseudoephedrine, phenylpropanolamine – Pilot project to record retail transactions – Penalty

69.50 Uniform Controlled Substances Act

69.51A.060 Crimes – Limitations of chapter (Medical marijuana)

70.155.080 Purchasing, possessing by persons under eighteen – Civil infraction – Jurisdiction

Offenses Against Community

RCW

9.66.010 Public nuisance

9.66.030 Maintaining or permitting nuisance

9.91.025 Unlawful bus conduct

9A.84.010 Riot

9A.84.020 Failure to disperse

9A.84.030 Disorderly conduct

Interference with a Health Care Facility

RCW

9A.50.005 Finding

9A.50.010 Definitions

9A.50.020 Interference with health care facility

9A.50.030 Penalty

9A.50.060 Informational picketing

9A.50.070 Protection of health care patients and providers

9A.50.900 Construction

Miscellaneous Crimes

RCW

7.80 Civil Infractions

9.45.080 Fraudulent removal of property

9.45.090 Knowingly receiving fraudulent conveyance

9.46 Gambling – 1973 Act

9.62.010 Malicious prosecution

9.62.020 Instituting suit in name of another

9.91.130 Disposal of trash in charity donation receptacle

9.91.150 Tree spiking

9A.36.160 Failing to summon assistance

9A.80.010 Official misconduct

26.44.080 Violation – Penalty (Fail to Report Abuse/Neglect to Child/ Developmentally Dependent Adult by Medical/Education/Childcare Provider)

28A.635 Offenses relating to school property and personnel

52.12.106 Burning permits – Penalty

70.124 Abuse of patients

26.28.080 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty

26.28.085 Applying tattoo to a minor – Penalty

70.93.060 Littering prohibited – Penalties – Litter cleanup restitution payment

70.160 Smoking in public places

74.34.053 Failure to report – False reports – Penalties (Abuse of Frail Elder)

Abandoned Refrigerator Equipment

RCW

9.03.010 Abandoning, discarding refrigeration equipment

9.03.020 Permitting unused equipment to remain on premises

9.03.040 Keeping or storing equipment for sale

Interference with Court

RCW

7.21 Contempt of court

9.27.015 Interference, obstruction of any court, building, or residence – Violations

9.51.010 Misconduct of officer drawing jury

9.51.020 Soliciting jury duty

9.51.030 Misconduct of officer in charge of jury

9A.72.010 Definitions (Perjury and Interference with Official Proceedings)

9A.72.040 False swearing

9A.72.050 Perjury and false swearing – Inconsistent statements – Degree of crime

9A.72.060 Perjury and false swearing – Retraction

9A.72.080 Statement of what one does not know to be true

9A.72.085 Unsworn statements, certification

9A.72.140 Jury tampering

9A.72.150 Tampering with physical evidence

19.60 Pawnbrokers and secondhand dealers

9.35.030 Soliciting undesired mail

False Representations

RCW

9.38.010 False representation concerning credit

9.38.020 False representation concerning title

B. Penalties – Incarceration Costs – Classification of Offenses.

1. Any person convicted of a gross misdemeanor or misdemeanor under the state law shall be punished by fines, assessments, and/or jail time as mandated by state law for the same violations under state law.

2. All fines, forfeitures, or traffic infraction penalties collected upon conviction, or forfeiture of bail, or payment of a penalty by a person charged with a violation of applicable state law, or a traffic infraction, shall be paid to the general fund of the city of Chehalis.

3. Any person adjudged guilty of a gross misdemeanor or misdemeanor providing for imprisonment may be ordered to repay to the court all costs of incarceration up to $50.00 per day. Indigent defendants as recognized by Washington case law shall not be required to repay the costs of incarceration. All costs of incarceration shall be recoverable after all other fines and costs arising out of the conviction are paid to the court. All costs of incarceration recoverable shall be paid to the general fund of the city of Chehalis.

4. Unless otherwise specifically provided for, any person who is convicted of violating or failing to comply with any of the criminal provisions of this title shall be subject to the following penalties:

a. Gross Misdemeanor. The penalty provided by state law, as now existing or hereafter amended, for the same violation or type (degree) of violation, but not to exceed a $5,000 fine or one year in jail, or both. If no state law provides for such penalty, then the penalty shall be a $5,000 fine or one year in jail, or both.

b. Misdemeanor. The penalty provided by state law, as now existing or hereafter amended, for the same violation or type (degree) of violation, but not to exceed a $1,000 fine or 90 days in jail, or both. If no state law provides for such penalty, then the penalty shall be a $1,000 fine or 90 days in jail, or both.

c. Any criminal violation not specifically designated as a gross misdemeanor shall be a misdemeanor. [Ord. 841B §§ 2, 3, 2008.]

7.04.010 General provisions.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.020 Definitions.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.030 Assault.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.040 Controlled substances, drugs, and drug paraphernalia.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.050 Disorderly conduct.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.060 Frauds.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.070 Gambling.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.080 Intoxicating beverages.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.090 Drug paraphernalia – Selling or giving – Penalty.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.100 Lewd conduct.

Repealed by Ord. 841B. [Ord. 804B § 1, 2006; Ord. 672B, 2000.]

7.04.110 Indecent exposure.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.120 Miscellaneous misdemeanors.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.130 Nuisances.

A. “Public Nuisance” Defined.

1. Every act unlawfully done and every omission to perform a duty, which act or omission constitutes, creates, or acquiesces to any of the following, shall constitute a public nuisance:

a. Unlawfully interfering with, obstructing or tending to obstruct, or rendering dangerous for passage, any public park, street, alley, sidewalk, highway, or other public area;

b. Throwing, depositing, exposing, or causing to be disposed of, in any street, alley, sidewalk, park, or other place within the city, any garbage, waste, refuse, litter, debris, or other offensive material, unless the disposal of such items in such place is specifically authorized by law;

c. Causing or allowing garbage, waste, refuse, litter, debris, or other offensive materials to be collected, deposited, or allowed to remain in any place in the city, unless otherwise permitted by law;

d. Erecting, continuing, or using any building, room, property, or other place in the city for the exercise of any trade, employment, or manufacture which results in offensive odors being released, and which injures or is detrimental to the health of the individuals there employed or residing, or to the public;

e. Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, soot, or gases arising from such burning to injure or endanger the health of any person or neighborhood;

f. Any building, house, room, or other structure or vehicle maintained or used for the purpose of lewdness, assignation, or prostitution;

g. Any pit, basin, hole, case, mine, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law;

h. All obstructions to streets, rights-of-way, or other public ways in the city and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished;

i. Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one or more of, but not limited to, the following conditions of things:

i. Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole or parts of any dead animal or fish;

ii. Any unwholesome or offensive chemical or substance which may be dangerous or injurious, such as oil, grease, poisons, explosives, radioactive materials, and other similar substances in such a manner as to be offensive or injurious to public health or unpleasant or disagreeable to the adjacent residences or persons;

iii. Any cellar, vault, drain, sewer, or septic tank to become, from any cause, noxious, foul, offensive, or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons;

iv. Any noxious, foul, or putrid liquid or substance, or any liquid or substance likely to become noxious, foul, offensive, or putrid, to be discharged, placed, or thrown upon, or to flow from or out of any adjacent premises or any public street or alley, or to stand, remain, or be upon any premises;

j. All premises, buildings, and vehicles whereon or wherein intoxicating liquor is manufactured, sold, bartered, exchanged, given away, furnished, disposed of, consumed, or permitted to be consumed, in violation of the laws of the state and the ordinances of the city;

k. All vacant, unused, or unoccupied buildings and structures within the city which are allowed to become or remain open to entrance by unauthorized persons or the general public because of broken, missing, or open doors, windows, foundation, or other openings so that the same may be used by vagrants or other persons in a manner detrimental to the health and welfare of the inhabitants or which may be dangerous or an attractive nuisance;

l. Any refrigerator, icebox, or deep freeze locker having a capacity of one and one-half cubic feet or more, or any other container manufactured, custom made, or homemade designed for storage which is discarded, abandoned, or left in any place accessible to children and which has not had the door or latching mechanism removed to prevent the latching or locking of the door;

m. Any sign, poster, or other advertising matter of any nature placed upon telegraph, telephone, or other poles, trees, sidewalks, streets, signs, traffic signs, or other traffic control devices, or other structures or places within streets, alleys, or other public places or rights-of-way;

n. All buildings or parts thereof, vehicles, or other structures wherein any gambling, as defined by RCW 9.46.020, may be found, and any gambling device, as defined by RCW 9.46.020, may be found, except as licensed and within the scope of the license required under state law and by city ordinance;

o. The depositing or allowing of irrigation or other water to run by any street, alley, or other public place in such manner as to cause settling or damage to the street, alley, or other public place, or to cause damage or hazard to any user of the street, alley, or other public place;

p. The growing, permitting, maintaining or allowing the growth of grasses, weeds, or other vegetation which exceeds 12 inches in average height or length, or 18 inches at any point, provided: public parks; public facilities; open space zones; properties which are more than one-half acre in size and either: (i) do not abut a subdivision or neighborhood, or (ii) are located more than 100 feet from any structure; areas of pristine vegetation; National Wetland Inventory (NWI) mapped or delineated wetlands (including approved constructed habitat); agricultural property which has been cultivated in two of the prior three years; and any property determined by the director to be similar in nature to the above shall not be considered to be a grass, weed, or vegetation nuisance;

q. Inoperable or unlicensed vehicles parked on any city streets and/or rights-of-way or any vehicle which would violate any motor vehicle laws if it were to be operated on a public way. All vehicles parked on any city streets and rights-of-way shall be required to have valid vehicle licenses and be legally operable;

r. Repairing or servicing vehicles on any city street or right-of-way unless an emergency exists for such repairs and the same can be resolved within a two-hour period;

s. Gas, oil, anti-freeze, fluid, or any other contaminants leaking or discharging onto any city street, storm sewer, or right-of-way from any vehicle, equipment, or machinery;

t. Any and all noise levels which exceed the maximum environmental noise levels as adopted by the state of Washington under RCW 70.107.030 (described in Chapter 173-60 WAC) as now in force or hereafter amended;

u. Junk, including appliances, or parts thereof, vehicle or equipment parts, iron or metal, glass, concrete, cardboard, lumber, wood, demolition debris, mattresses, old furniture, and other cloth or plastic materials, old limbs or other noncomposted materials;

v. Exterior storage, or the permitting or allowing of such storage, of any partially dismantled, wrecked, junked, discarded, or otherwise nonoperating motor or recreational vehicle, unless the same is stored so as not to be readily visible from any public place or from any surrounding private property. Any vehicle normally operated on public streets, roads, or highways that is not currently licensed shall be considered nonoperating;

w. Selling, offering for sale, soliciting, peddling, hawking or any other form of merchandising upon any public or private property, business or residence which is not the approved place of business of such seller, without approved permits and/or licenses for such activity;

x. Selling or offering for sale tickets to any ball, benefit, drawing or entertainment, or asking or receiving any subscription or promise therefor, for the benefit or pretend benefit of any person, association, or order, without being duly authorized thereto by the person, association, or order for whose benefit the same is done;

y. Any fence or similar structure that is noticeably leaning or in such disrepair so as to be in danger of collapsing or falling onto public or adjoining private property which may be a danger to persons or animals;

z. Any violation of any provision of the International Building Code, International Fire Code, International Mechanical Code, International Plumbing Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, or any other properly adopted code, rule, or regulation, relating to building construction or maintenance;

aa. Failing to comply with the requirements of any properly issued correction notice or notice of violation for any rule, regulation, code, or condition of any development permit issued by the city;

bb. Storage of any construction or demolition material within any required street setback;

cc. Storage of any construction or demolition material outside of a building in any residential zone for more than 30 days.

B. Permitting/Maintaining.

1. It is unlawful for any person, by themselves or by their agents or employees, or as the agent or employee of another person, firm, or corporation, to do or permit to be done, upon any premises over which they have control, or to maintain, carry on, suffer, or allow, at any place or places mentioned in this chapter, any of the acts or things declared to be nuisances in this chapter; or to do, cause, permit, suffer to be done, or maintain any act or thing which is detrimental or injurious to public health, offensive to the senses, or contrary to the public decency or morality.

2. If the owner or agent of any premises has actual or constructive knowledge of the maintenance on or in their premises of any nuisance, as defined in this chapter, they shall be deemed one of the persons in control of the premises.

C. Abatement – Order.

1. Upon the discovery of a nuisance, the community development director may order the owner or other person creating, keeping, maintaining, or permitting the same to abate it, and in default thereof to undertake the abatement on behalf of the city. At least 10 days before abatement commences, save in those cases of immediate necessity, the community development director shall notify the person creating, keeping, maintaining, or permitting the nuisance, the property owner, and any person in possession of the property, if known, of the city’s intentions. The notice shall be served personally or by some type of mail requiring a return receipt, and shall describe with particularity the nature of the violation and the sections of this chapter or other laws which are being violated, and shall specify a reasonable time within which the abatement must be accomplished.

2. In addition to such other penalties as may be imposed, a court entering a judgment of guilty to a charge of creating a public nuisance may order the abatement of the same on such terms and conditions as may be just and equitable.

D. Abatement.

1. Any person creating, keeping, or maintaining any nuisance, or permitting, allowing, or suffering any nuisance to be maintained, who neglects or fails to abate or remove the nuisance within 24 hours next after so creating, keeping, or maintaining the nuisance or permitting, allowing, or suffering the same to be maintained, may, for each 24 hours thereafter during which the nuisance is continued, be charged with a separate violation of maintaining a public nuisance.

2. Any person creating, keeping, allowing or maintaining any nuisance condition subsequent to any notice issued by the city to abate such nuisance condition shall be subject to abatement at the discretion of the city.

3. In the case of any violation of subsection (A)(1)(p) of this section (grass, weed or vegetation violation), the required abatement shall consist of mowing, plowing or otherwise removing such nuisance condition to not more than four inches above finished grade.

E. Abatement – Immediate. Whenever any nuisance condition is located within a public right-of-way or public easement, or of such a character and so situated that it can be abated without the invasion or destruction of private property, or the prejudice of any right thereof, the community development director and/or the public works director may summarily and immediately abate and remove the nuisance condition without further notice to any party.

F. Abatement by City – Safeguards. In any case where a nuisance is to be abated by the director, it shall be the duty of the community development director to proceed with due care and without unnecessary destruction of property. He shall in all cases be authorized to employ such assistance and adopt such means as may be necessary to effect the entire abatement of the nuisance, including access to private property reasonably necessary to abate such nuisance condition.

G. Violation.

1. Any action of any person, firm or corporation in violation of any provision of this chapter, or failure of any person, firm or corporation to perform any action or duty required pursuant to the provisions of this chapter, shall constitute a public nuisance and a misdemeanor, and shall be abated by the city as provided in this chapter. Nothing herein shall preclude the city from issuing a citation for such violation concurrent with any abatement action.

2. Nothing herein shall preclude the city from exercising its authority to protect the public peace and welfare by summarily abating any nuisance condition determined to be detrimental or an imminent threat to the public peace and welfare, or to protect the welfare of any person, animal or property, without notice to any person.

3. Any citation written for the violation of any provision of this chapter shall contain an identification number or component to reflect the level of penalty established in subsection (H) of this section, consistent with the capability of the municipal court system.

H. Penalty.

1. Any person convicted of a misdemeanor for the first violation of any provision of this section shall be fined a monetary penalty of up to $1,000 at the discretion of the court.

2. Any person convicted of a misdemeanor for the second violation of any provision of this section, whether or not the same provision or a different provision, shall be fined a monetary penalty of up to $1,500 and imprisoned for up to 30 days at the discretion of the court.

3. Any person convicted of a misdemeanor for the third or subsequent violation of any provision of this section, whether or not the same provision or a different provision, shall be fined a monetary penalty of up to $1,900 and imprisoned for up to 90 days at the discretion of the court.

I. Abatement Cost. Every person, firm, or corporation maintaining a nuisance or permitting, allowing, or suffering a nuisance to be maintained, as prohibited by this chapter or otherwise, shall be liable for all costs and expenses for abating the same when the nuisance has been abated by the community development director. The costs and expenses will be assessed as a part of any prosecution against the party liable and may be recovered as other costs are recovered after they have been assessed; provided, that in such cases, the city shall have been liable in the first instance to pay all costs of the abatement. In all cases where the community development director abates any nuisance, he shall keep an account of all expenses attending such abatement. The community development director shall forward such costs to the finance manager, who shall certify them to the county treasurer for assessment on the tax rolls, and, in addition to other powers given in this chapter to collect such other costs and expenses, may forthwith bring suit for recovery of the costs in any court of competent jurisdiction, in the name of the city, against the person maintaining, keeping, creating, permitting, allowing, or suffering the nuisance abated, and, upon the collection of the costs by such suit, he shall pay the same to the finance manager.

J. Administrative Search Warrants.

1. In the event the community development director has been denied access to any structure, dwelling unit, building, or property pursuant to existing city ordinances, he can at that time of denial of access obtain from the Chehalis municipal court a search warrant for the structure, dwelling unit, building, or property. Before an administrative search warrant is issued by the municipal court judge, the community development director must set forth by affidavit under oath the ordinance or ordinances upon which he is proceeding, and state the circumstances upon which he is seeking the search warrant. If the municipal court judge finds that the community development director is proceeding under city ordinance, he shall issue an administrative search warrant for the search of the structure, dwelling unit, building, or property.

2. The provisions of this chapter relative to the abatement of nuisances are not exclusive and all other rights or remedies of the city or any citizen thereof relative to abatement of nuisances are declared to remain in full force and effect. [Ord. 831B, 2007; Ord. 810B § 6, 2006; Ord. 755B, 2003; Ord. 672B, 2000.]

7.04.140 Obstructing a public servant.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.150 Parks, playgrounds and public ways.

Repealed by Ord. 841B. [Ord. 810B § 6, 2006; Ord. 672B, 2000.]

7.04.160 Theft.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.170 Posting of handbills.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.180 Property damage.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.190 Prostitution.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.200 Refrigeration equipment.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.210 Restraining orders, domestic violence orders, and anti-harassment orders.

Repealed by Ord. 841B. [Ord. 708B, 2001; Ord. 672B, 2000.]

7.04.220 Shoplifting.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.230 Telephone misuse.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.240 Traffic and parking.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.250 Trespass and criminal trespass.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.270 Firearms and dangerous weapons.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.280 Interfering with the reporting of domestic violence.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.290 Stalking.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.300 Incarceration costs.

Repealed by Ord. 841B. [Ord. 672B, 2000.]

7.04.310 Penalties.

Repealed by Ord. 841B. [Ord. 672B, 2000.]