Chapter 9.01
PRELIMINARY ARTICLE
Sections:
9.01.010 Title – Effective date – Applicability.
9.01.015 Copies of adopted statutes on file.
9.01.030 Principles of liability.
9.01.065 Reimbursement of costs.
9.01.010 Title – Effective date – Applicability.
A. This title shall be known and may be cited as the “Clyde Hill Municipal Criminal Code” and shall be effective on July 1, 1990.
B. The provisions of this title shall apply to any offense committed on or after July 1, 1990, which is defined in this title unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense.
C. The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to July 1, 1990, 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. 629 § 1, 1990)
9.01.015 Copies of adopted statutes on file.
Incident to the adoption by reference of certain state laws contained in the Revised Code of Washington, one copy of the text of the statutes adopted by reference in this title shall be filed with the town clerk for use and examination by the public. (Ord. 629 § 3, 1990)
9.01.020 General provisions.
The following state statutes, including all future amendments, are adopted by reference:
RCW
9.01.055 Citizen immunity if aiding an officer
9.01.110 Omission, when not punishable
9.01.130 Sending letter, when complete
9A.04.020 Purposes – Principles of construction
9A.04.040 Classes of crime
9A.04.050 People capable of committing crimes – Capability of children
9A.04.060 Common law to supplement statutes
9A.04.070 Who amenable to criminal statutes
9A.04.090 Application of general provisions of the code
9A.04.100 Proof beyond a reasonable doubt
9A.04.110 Definitions
(Ord. 629 § 1, 1990)
9.01.030 Principles of liability.
The following state statutes, including all future amendments, are adopted by reference:
RCW
9A.08.010 General requirements of culpability
9A.08.020 Liability of conduct of another – Complicity
9A.08.030 Criminal liability of corporations and persons acting under a duty to act in their behalf
(Ord. 629 § 1, 1990)
9.01.040 Defenses.
The following state statutes, including all future amendments, are adopted by reference:
RCW
9A.12.010 Insanity
9A.16.010 Definition
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 of premises for investigation – “Reasonable grounds” as defense
9A.16.090 Intoxication
(Ord. 629 § 1, 1990)
9.01.050 Contempt.
The following state statutes, including all future amendments, are adopted by reference:
RCW
7.20.010 Contempt of court defined
7.20.020 Punishment – General
7.20.030 Contempt in presence of court – Summary punishment
7.20.040 Procedure in other cases
7.20.050 Production of defendant if in custody
7.20.060 How prosecuted
7.20.070 Return of warrant – Examination of defendant
7.20.090 Judgment and sentence
7.20.100 Indemnity to injured party
(Ord. 629 § 1, 1990)
9.01.060 Penalty.
A. Any person convicted of a gross misdemeanor shall be punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed one year, or by both such fine and imprisonment.
B. Unless otherwise provided, any person convicted of violating the provisions of this title shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.
C. Violations of Chapter 69.50 RCW.
1. A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW, which is adopted by reference, shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed.
2. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.
3. The court’s imposition of a misdemeanor penalty for a violation of any provision of Chapter 69.50 RCW does not preclude property seizures to the extent such seizures do not constitute double jeopardy. (Ord. 732 § 1, 1995; Ord. 629 § 1, 1990)
9.01.065 Reimbursement of costs.
A. State Statutes Adopted by Reference. The following state statutes, as they now exist or may hereafter be amended, are hereby adopted by reference:
1. RCW 9.92.070 Payment of fine and costs in installments.
2. RCW 9.92.130 City jail prisoners may be compelled to work.
3. RCW 9.92.140 County jail prisoners may be compelled to work.
4. RCW 9.95.210 Conditions of probation.
5. RCW 10.01.160 Costs – What constitutes – Payment by defendant – Procedure – Remission.
6. RCW 10.01.170 Fines or costs – Payment within specified time or installments.
7. RCW 10.01.180 Fine or costs – Default in payment – Contempt of court – Enforcement, collection procedures.
8. RCW 10.05.140 Conditions of granting.
9. RCW 10.22.020 Procedures – Costs.
10. RCW 10.46.190 Liability of convicted person for costs – Jury fee.
11. RCW 10.64.015 Judgment to include costs – Exception.
12. RCW 10.64.080 Judgments a lien on realty.
13. RCW 10.64.120 Referral assessment – Probation department oversight committee.
14. RCW 10.70.010 Commitment until fine and costs are paid.
15. RCW 10.73.160 Court fees and costs.
16. RCW 10.82.010 Execution for fines and costs.
17. RCW 10.82.020 Stay of execution for sixty days on recognizance.
18. RCW 10.82.025 Effect of recognizance – Execution of judgment after sixty days.
19. RCW 10.82.030 Commitment for failure to pay fine and costs – Execution against defendant’s property – Reduction by payment, labor, or confinement.
20. RCW 10.82.040 Commitment for failure to pay fine and costs – Reduction of amount by performance of labor.
21. RCW 10.82.070 Disposition of monetary payments.
22. RCW 10.82.090 Interest on judgments – Disposition of nonrestitution interest.
23. RCW 38.52.010 Definitions.
24. RCW 38.52.430 Emergency response caused by person’s intoxication – Recovery of costs from convicted person.
B. Court to Order Reimbursement.
1. The court may require a convicted defendant to pay costs. For the purpose of this section, whenever the court has levied a fine or assessed costs against a corporation or incorporated association, the person or persons authorized to make disbursements from the assets of said organization shall be deemed to be the defendant.
2. Costs shall include all costs and expenses authorized to be recouped by law and specifically incurred by the town in prosecuting the defendant or which arise out of the defendant’s criminal conduct. These shall include, but not be limited to, the expense of providing the defendant with assistance of counsel, any witness fees and mileage incurred, any costs in providing an interpreter, filing fees and appellate costs, and any other costs determined by the court to have been incurred by the town and properly subject to recoupment.
C. The provisions of this section shall apply to any person who is convicted of violating any criminal ordinance contained in any portion of this code, including, but not limited to, any person convicted of a criminal violation of CHMC Title 9, CHMC Title 10, and/or a negligent driving in the first degree. (Ord. 783 § 1, 1998; Ord. 689 § 1, 1993)
9.01.070 Construction.
In adopting the 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 deal with both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. (Ord. 629 § 1, 1990)