Chapter 9.36
MISCELLANEOUS CRIMES

Sections:

9.36.010    Conduct prohibited.

9.36.020    Littering and pollution.

9.36.030    United States and state flags, crimes relating to.

9.36.040    Loitering for the purpose of engaging in drug-related activity.

9.36.050    Lasers.

9.36.060    Official misconduct.

9.36.070    Sewer, drainage, and water connections without district permission – Penalties.

9.36.010 Conduct prohibited.

The following state statutes, including all future amendments, are adopted by reference:

RCW

9.91.010    Denial of civil rights – Terms defined.

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

9.91.025    Unlawful bus conduct.

9.91.110    Metal buyers – Records of purchases – Penalty.

9.03.010    Abandoning, discarding, refrigeration equipment.

9.03.020    Permitted unused equipment to remain on premises.

9.03.030    Violation of RCW 9.03.010 or 9.03.020.

9.03.040    Keeping or storing equipment for sale.

(Ord. 88-3, 1988)

9.36.020 Littering and pollution.

The following state statutes, including all future amendments, are adopted by reference:

RCW

70.93.060    Littering.

70.54.010    Polluting water supply.

(Ord. 88-3, 1988)

9.36.030 United States and state flags, crimes relating to.

By reference, the city adopts the following state statutes, including all future amendments:

RCW

9.86.010    “Flag,” etc., defined.

9.86.020    Improper use of flag prohibited.

9.86.030    Desecration of flag.

9.86.040    Application of provisions.

(Ord. 06-14 § 21, 2006; Ord. 88-3, 1988)

9.36.040 Loitering for the purpose of engaging in drug-related activity.

A. It is unlawful for any person to loiter in or near any thoroughfare, place open to the public or near any public or private place in a manner and under the circumstances manifesting the purpose to engage in drug-related activity contrary to any of the provisions of Chapters 69.41, 69.50 or 69.52 RCW, as they now exist or may be amended.

B. No arrest shall be made for a violation of this section unless the arresting officer first affords such person an opportunity to explain such conduct, and no person shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.

C. The circumstances which may be considered in determining whether such unlawful purpose is manifested include, but are not limited to the following:

1. Such person has been arrested and/or investigated for unlawful drug use, possession, or sale;

2. Such person has been convicted in any court within this state within a period of five years of any violation involving the use, possession or sale of any of the substances referred to in Chapters 69.41, 69.50 and 69.52 RCW, or, within five years, such person has been convicted of any violation of any of the provisions of said chapters of the Revised Code of Washington or substantially similar laws of a political subdivision of this state or of any other state;

3. Such person transfers small objects or packages for currency in a furtive fashion;

4. The area involved is by public repute known to be an area of unlawful drug use and trafficking;

5. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to Chapter 69.52 RCW, as it now exists or may be amended;

6. Any vehicle involved is known to be registered to a known unlawful drug user, possessor, or seller or for which there is an outstanding warrant for a crime involving drug-related activity;

7. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity;

8. Such person takes flight upon the appearance of a police officer;

9. Such person manifestly endeavors to conceal himself or herself or any object that reasonably could be involved in an unlawful drug-related activity.

D. Violation of any of the provisions of this section is a misdemeanor. (Ord. 90-8 § 1, 1990)

9.36.050 Lasers.

By reference, the city adopts the following state statutes, including all future amendments:

RCW

9A.49.010    Definitions.

9A.49.030    Unlawful discharge of a laser in the second degree.

9A.49.040    Civil infraction, when.

9A.49.050    Exclusions.

(Ord. 06-14 § 22, 2006; Ord. 99-7 § 1, 1999)

9.36.060 Official misconduct.

By reference, the city adopts RCW 9A.80.010, including all future amendments. (Ord. 06-14 § 23, 2006)

9.36.070 Sewer, drainage, and water connections without district permission – Penalties.

By reference, the city adopts RCW 57.08.180, including all future amendments. (Ord. 06-14 § 24, 2006)