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Title 9
PUBLIC PEACE, MORALS AND SAFETYChapters:
9.00 General Provisions
9.01 Crimes Generally
9.02 Defenses
9.03 Insanity
9.04 Obstructing Governmental Operation
9.05 Abuse of Office
9.06 Perjury and Interference with Judicial Proceedings
9.07 Malicious Prosecution
9.08 Miscellaneous Offenses
9.09 Contempt
9.12 Assault
9.16 Theft, Robbery, Shoplifting
9.20 Frauds and Swindles
9.24 Explosives
9.28 Fireworks
9.30 Dangerous Weapons
9.32 Flammables
9.34 Liquors
9.36 Glue Sniffing
9.40 Public Nuisance
9.42 Libel and Slander
9.44 Drugs
9.48 Gambling
9.50 Commercial Stimulant Card Games
9.52 Obscenity
9.56 Disorderly Conduct
9.60 False Alarms
9.68 Offenses Related to Property
9.69 Reckless Burning and Malicious Mischief
9.70 Burglary and Trespass
9.72 Telephones – Unlawful Uses
9.84 Crimes Relating to Children
9.86 Conduct in Parks
9.90 Sale and Display of Narcotic and Drug-Related Paraphernalia
9.92 Drug-Free Zones
9.94 Trespass
9.96 Domestic Violence Protection Act
9.100 Anti-Harassment
9.104 Infraction Penalty Schedule
Chapter 9.00
GENERAL PROVISIONSSections:
9.00.010 Criminal code established.
9.00.020 Sources designated – Copies on file.
9.00.030 Violation – Penalty.
9.00.040 Self operation.
9.00.010 Criminal code established.
The city clerk establishes this title, which is designated the “Enumclaw Criminal Code”; and further adopts by reference those portions of the Revised Code of Washington together with Chapter 9A RCW et seq., and designates a new Enumclaw Municipal Code number and files three copies of the Revised Code of Washington and Chapter 9A RCW et seq., all as set forth in this title. (Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
9.00.020 Sources designated – Copies on file.
Three copies of the Revised Code of Washington (RCW) and three copies of the RCW as amended by the 1975-1976 Legislature, Chapter 260 of First Extraordinary Session and Chapters 38 and 87 of the Second Extraordinary Session of the Washington State Legislature, and any future amendments as referred to in EMC 9.00.040, are and shall be on file with the city clerk as authorized by RCW 35.21.180, 35A.12.140, 35A.13.180 and 36.32.120(7). (Ord. 1214 § 3, 1977; Ord. 1184 § 2, 1976).
9.00.030 Violation – Penalty.
Any violations established in this title and the Enumclaw Municipal Code and state law shall be a misdemeanor unless specified otherwise by the Enumclaw Municipal Code section or the state law incorporated by reference.
Any violation consisting of a misdemeanor shall be punishable by fine up to $1,000 and/or imprisonment up to 90 days and other such punishment as set forth in the Enumclaw Municipal Code and/or state law.
Any violation consisting of a gross misdemeanor shall be punishable by a fine up to $5,000 and/or imprisonment of up to one year and such other punishment as set forth in the Enumclaw Municipal Code and/or state law.
Each person is guilty of a separate offense for each and every day during any portion of which any violation of the ordinances of Enumclaw, or state law, is committed, continued, or permitted by any such person and shall be punishable accordingly as a separate offense. Each person is guilty of a separate offense in the same day if a person continues to commit the offense after being notified of a violation. (Ord. 2215 § 1, 2004; Ord. 1964 § 1, 1998; Ord. 1494 § 1, 1985; Ord. 1214 § 5, 1977; Ord. 1184 § 4, 1976).
9.00.040 Self operation.
Should the Legislature of the state of Washington amend, redraft or otherwise alter the misdemeanor provisions of the Revised Code of Washington, such amendments or additions as promulgated by self operation are adopted into the Enumclaw Criminal Code by this reference. (Ord. 1214 § 2, 1977).
Chapter 9.01
CRIMES GENERALLYSections:
9.01.010 Classification of crimes.
9.01.020 Persons punishable.
9.01.030 –
9.01.140 Statutes adopted.
9.01.010 Classification of crimes.
A crime is an act or omission forbidden by law and punishable upon conviction by imprisonment, fine, or other penal discipline. Every crime committed within the city or affecting same shall be a misdemeanor and punishable as set forth in EMC 9.00.030. (Ord. 1556 § 1, 1987; Ord. 1214 § 1, 1977; 1958 Code § 6.01.010).
9.01.020 Persons punishable.
The following persons are liable to punishment:
A. A person who commits in the city any crime, in whole or in part;
B. A person who counsels, causes, procures, aids, or abets another to commit a crime in the city. (Ord. 1214 § 1, 1977; 1958 Code § 6.01.040).
EMC Section No.
Topic – Title
Source of Adopted Law (RCW)
Application, severability, captions.
9A.04.010
(3, 4, 5)
9.01.040
Purposes – Principles of construction.
9A.04.020
9.01.050
People capable of crime.
9A.04.050
9.01.060
Common law to supplement.
9A.04.060
9.01.070
Proof beyond a reasonable doubt.
9A.04.100
9.01.080
Definitions.
9A.04.110
9.01.090
General requirement of culpability.
9A.08.010
9.01.100
Liability for conduct of another – Complicity.
9A.08.020
9.01.110
Criminal liability of corporation and persons acting under a duty to act in their behalf.
9A.08.030
9.01.120
Criminal attempt.
9A.28.020
9.01.130
Criminal solicitation.
9A.28.030
Criminal conspiracy.
9A.28.040
(1, 2, 3e)
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.02
DEFENSESSections:
9.02.010 –
9.02.060 Statutes adopted.
EMC Section No.
Topic – Title
Source of Adopted Law (RCW)
9.02.010
Definitions.
9A.16.010
9.02.020
Use of force – When lawful.
9A.16.020
9.02.030
Duress.
9A.16.060
9.02.040
Entrapment.
9A.16.070
9.02.050
Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense.
9A.16.080
Intoxication.
9A.16.090
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.03
INSANITYSections:
9.03.010 Statutes adopted.
EMC Section No.
Topic – Title
Source of Adopted Law (RCW)
9.03.010
Insanity.
9A.12.010
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.04
OBSTRUCTING GOVERNMENTAL OPERATIONSections:
9.04.010 –
9.04.140 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Definitions.
9A.76.010
Obstructing a Public
9A.76.020
Servant.
Refusing to Summon
9A.76.030
Aid for Police Officer.
Resisting Arrest.
9A.76.040
Rendering Criminal
9A.76.050
Assistance – Definition.
“Relative” Defined.
9A.76.060
Rendering Criminal
9A.76.080
Assistance – Second
Degree.
Rendering Criminal
9A.76.090
Assistance – Third
Degree.
Compounding.
9A.76.100
Escape – Third Degree.
9A.76.130
Introducing Contraband
9A.76.160
in the Third Degree.
Bail Jumping.
9A.76.170
Unlawful Imprisonment.
9A.40.040
Custodial Interference.
9A.40.050
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.05
ABUSE OF OFFICESections:
9.05.010 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Official Misconduct.
9A.80.010
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.06
PERJURY AND INTERFERENCE WITH JUDICIAL PROCEEDINGSSections:
9.06.010 –
9.06.090 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Definitions.
9A.72.010
False Swearing.
9A.72.040
Perjury and False
9A.72.050
Swearing: Inconsistent
Statements.
Perjury and False
9A.72.060
Swearing: Retraction.
Perjury and False
9A.72.070
Swearing – Irregularities
No Defense.
Statement of What One
9A.72.080
Does Know to be True.
Tampering With a
9A.72.120
Witness.
Jury Tampering.
9A.72.140
Tampering With Physical
9A.72.150
Evidence.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.07
MALICIOUS PROSECUTIONSections:
9.07.010 –
9.07.020 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Malicious Prosecution.
9.62.010
Instituting Suit in Name of
9.62.020
Another.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.08
MISCELLANEOUS OFFENSESSections:
9.08.010 –
9.08.160 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Displaying Emblems
9.05.100
of Seditious and
Anarchistic Groups.
Possession of Emblems.
9.05.110
Flag, Etc., Defined.
9.86.010
Improper Use of Flag
9.86.020
Prohibited.
Desecration of Flag.
9.86.030
Application of Provisions.
9.86.040
Abandoning, Discarding
9.03.010
Refrigeration Equipment.
Permitting Unused
9.03.020
Equipment to Remain
on Premises.
Violation of RCW
9.03.030
9.03.010 and 9.03.020.
Keeping or Storing
9.03.040
Equipment for Sale.
Operating Engine or Boiler
9.40.040
Without Spark Arrester.
Injuring or Tampering With
9.40.100
Fire Alarm Apparatus or
Equipment – Sounding False
Alarm of Fire.
Misconduct in Signing
9.44.080
Petition.
Denial of Civil Rights –
9.91.010
Term Defined.
Operating Railroad,
9.91.020
Steamboat, Vehicle,
Etc. While Intoxicated.
Improper Use of State Seal.
9.91.050
Metal Buyers – Records
9.91.110
of Purchase – Penalty.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.09
CONTEMPTSections:
9.09.010 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Contempt.
9.23.010
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.12
ASSAULTSections:
9.12.010 –
9.12.060 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Assault – Second Degree.
9A.36.020
Assault – Third Degree.
9A.36.030
Simple Assault.
9A.36.040
Reckless Endangerment.
9A.36.050
Promoting Suicide.
9A.36.060
Coercion.
9A.36.070
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.16
THEFT, ROBBERY, SHOPLIFTINGSections:
9.16.010 –
9.16.140 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Definitions.
9A.56.010
Theft – Definitions –
9A.56.020
Defense.
Theft in the Third Degree.
9A.56.050
Unlawful Issuance of
9A.56.060
Checks or Drafts.
Presumption Regarding
9A.56.090
Failure to Return Vehicle.
Theft and Larceny
9A.56.100
Equated.
Extortion – Definition.
9A.56.110
Extortion in the Second
9A.56.130
Degree.
Possessing Stolen
9A.56.140
Property – Credit Cards.
Possessing Stolen
9A.56.170
Property – Third Degree.
Obscuring Identity
9A.56.180
of a Machine.
Robbery – Definition.
9A.56.190
Robbery in the Second
9A.56.210
Degree.
Restoration of Stolen
9.54.130
Property – Duty of Officers.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.20
FRAUDS AND SWINDLESSections:
9.20.010 –
9.20.170 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Definitions.
9A.60.010
False Certification.
9A.60.050
False Representation
9.38.010
Concerning Credit.
False Representation
9.38.020
Concerning Title.
Publishing False Statement
9.38.030
to Affect Market Price.
Falsifying Accounts.
9.38.050
Swindling.
9.45.030
Frauds on Innkeeper.
9.45.040
Fraudulently Presenting
9.45.050
Claim to Public Officer.
Encumbered, Leased, or
9.45.060
Rented Property –
Construction.
Fraudulent Removal of
9.45.080
Property.
Knowingly Receiving
9.45.090
Fraudulent Conveyance.
Fraud on Assignment for
9.45.100
Benefit of Creditors.
Using False Weights
9.45.120
and Measures.
Fraud on Operating
9.45.180
Coinbox.
Penalty for Manufacture
9.45.190
or Sale of Slugs to be
Used for Coin.
Telephone Credit Cards –
9.26A.090
Publishing Number or
Code – Publishers Defined.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.24
EXPLOSIVESSections:
9.24.010 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Explosives.
Ch. 70.74 et seq.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.28
FIREWORKSSections:
9.28.010 Statutes adopted.
9.28.020 Prohibited acts – Dates and times common fireworks may be sold or discharged – Violation.
9.28.030 Application for permit.
9.28.040 All sales to be from temporary stands.
9.28.050 Fireworks stands – Location restrictions.
9.28.060 Fireworks stands – Fire extinguishers required.
9.28.070 Fireworks stands – Discharge of fireworks in vicinity prohibited – Posting of signs.
9.28.080 Fireworks stands – Watchman required at site.
9.28.090 Fireworks stands – Barrier required.
9.28.100 Approved storage facilities required.
9.28.110 Unlawful possession.
9.28.120 Sale of fireworks to persons under 16 years of age prohibited.
9.28.130 Enforcement.
9.28.140 Penalties for violation.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Fireworks.
Ch. 70.77 et seq.,
and all amendments
thereto, including, but
not limited to, 1982
and future amendments.
(Ord. 1444 § 1, 1984; Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
9.28.020 Prohibited acts – Dates and times common fireworks may be sold or discharged – Violation.
A. It is unlawful to throw fireworks of any kind from or toward a moving vehicle.
B. No person shall discharge, without a permit, any common fireworks upon any city or publicly owned parks.
C. No common fireworks shall be sold, offered for sale, or exposed for sale within the city except from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June; 9:00 a.m. until 11:00 p.m. on the twenty-ninth day of June through the third day of July of any year and from 9:00 a.m. until 9:00 p.m. on the fourth day of July.
D. No person shall ignite or discharge any fireworks within the city except on July 4th of any year between the hours of 9:00 a.m. and 11:00 p.m.
E. The prohibitions set out in subsections C and D of this section shall not apply in the following cases:
1. Public display as authorized by a state license and city permit pursuant to RCW 70.77.260(2); and
2. Use for religious purposes pursuant to RCW 70.77.311; and
3. Agricultural and wildlife fireworks used by government agencies as authorized by RCW 70.77.311.
F. Any person violating any of the provisions of this chapter or any rules and regulations issued thereunder is guilty of a misdemeanor. (Ord. 1584 § 2, 1988; Ord. 1444 § 2, 1984).
9.28.030 Application for permit.
A. Any person desiring to do any act set forth in Chapter 9.28 EMC shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation.
The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information:
1. The true name, address and telephone number of the applicant and, for any retail operation, the person in charge and responsible;
2. A statement by the applicant that he or she is over the age of 18 years of age;
3. A valid and current license issued by the Washington State Fire Marshal pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity;
4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and for retail sales, a diagram showing the proposed site plan of the standards and vehicular traffic routes.
B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of $100.00. The city council finds that this charge is necessary to cover the legitimate administrative costs for permit processing and inspection. The applicant shall post a $100.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the sixth of July of each year. Failure to do so shall cause the bond to be forfeited to the city.
C. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit plus one year, and shall be prepaid for the entire period of required coverage. Said policy and certificate shall be in a form approved by the city attorney.
D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of proposed display. All applications shall be accompanied by a nonrefundable permit fee of $100.00. The applicant shall post a $100.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the city.
E. Applications for sale of fireworks shall be made annually on or after April 1st of the year for which the permit is issued and filing period shall close on May 31st of such year. Applications shall be signed before a notary public by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation. It is unlawful for a fireworks manufacturer, wholesaler or supplier to make application for or to obtain a retail sales permit on behalf of any retailer. (Ord. 1584 § 1, 1988).
9.28.040 All sales to be from temporary stands.
All stands of common fireworks shall be from temporary stands, which shall not be erected prior to the twenty-fifth day of June of any year and which shall be removed not later than the sixth day of July of the same year. (Ord. 1584 § 3, 1988).
9.28.050 Fireworks stands – Location restrictions.
No fireworks stand shall be located within 50 feet of any other building or structure, nor within 250 feet of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored. No fireworks stand shall be located nearer than 600 feet from another fireworks stand. (Ord. 1584 § 4, 1988).
9.28.060 Fireworks stands – Fire extinguishers required.
Each fireworks stand shall have, in a readily available place, at least two two-and-one-half gallon pressurized water fire extinguishers approved by the fire chief. (Ord. 1584 § 5, 1988).
9.28.070 Fireworks stands – Discharge of fireworks in vicinity prohibited – Posting of signs.
No person shall discharge any fireworks within 250 feet of the exterior of any fireworks stand and the same shall be posted with signs stating “No discharge of fireworks within 250 feet” on the exterior of all sides of the temporary stand with prominent bold lettering at least three inches in height. (Ord. 1584 § 6, 1988).
9.28.080 Fireworks stands – Watchman required at site.
At all times that fireworks stock is kept or stored within a temporary stand, a competent watchman over 18 years of age shall be at the site location. (Ord. 1584 § 7, 1988).
9.28.090 Fireworks stands – Barrier required.
All temporary fireworks stand locations shall be provided with a sturdy barrier consisting of bollards and rope or similar construction, erected at least 25 feet from the stand on all sides to prevent the parking of motor vehicles and to define the no smoking boundary. (Ord. 1584 § 8, 1988).
9.28.100 Approved storage facilities required.
It is unlawful for any person to store stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of fireworks remaining after the authorized retail sales period from 12:00 noon on June 28th to 9:00 p.m. on July 4th shall be stored in an approved location and be returned on or before July 6th of the same year to approved storage facilities of a licensed fireworks wholesaler, to a magazine or storage place approved by the fire chief or to a place approved by the State Fire Marshal. Upon receiving a written application at least 30 days prior to the date of proposed storage, the fire chief shall investigate whether the character and location of the storage would constitute a hazard to any property or be dangerous to any person. Based upon the investigation, the fire chief may grant or deny any application for storage or to subject the same to such reasonable conditions, if any, as he shall prescribe. (Ord. 1584 § 9, 1988).
9.28.110 Unlawful possession.
The possession of any class or kind of fireworks in violation of the provisions of this chapter or Chapter 70.77 RCW is prohibited. (Ord. 1584 § 10, 1988).
9.28.120 Sale of fireworks to persons under 16 years of age prohibited.
It is unlawful to sell fireworks to any person under the age of 16 years. The seller shall require proof of age by means of display of a Washington State driver’s license or photo identification card issued by the Washington State Department of Licensing. No other forms of identification shall be accepted. (Ord. 1584 § 11, 1988).
9.28.130 Enforcement.
The fire chief, or designee, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, he may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or designee and/or to comply with any provisions of this chapter. (Ord. 1584 § 12, 1988).
9.28.140 Penalties for violation.
Any person violating any of the provisions of this chapter shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to a fine and/or imprisonment as follows:
A. Unlawful possession of fireworks weighing less than one pound, exclusive of external packaging, shall be punishable by imprisonment for a period of not to exceed 90 days, and/or payment of a fine not to exceed $1,000.
B. Unlawful possession of fireworks weighing one pound or more, exclusive of external packaging, shall be punishable by imprisonment for a period of not to exceed one year, and/or payment of a fine not to exceed $5,000.
C. Violation of the prohibition upon use or discharge of fireworks in a reckless manner shall be punishable by imprisonment for a period of not more than one year and/or payment of a fine not to exceed $5,000.
D. A violation of the restrictions upon the sale of fireworks set forth in this chapter shall be punishable by imprisonment for a period not to exceed one year and/or payment of a fine not to exceed $5,000.
E. Any other violation of the provisions of this chapter shall be punishable by imprisonment of up to 90 days and/or payment of a fine not to exceed $1,000. (Ord. 1584 § 13, 1988).
Chapter 9.30
DANGEROUS WEAPONSSections:
9.30.010 –
9.30.240 Statutes adopted.
9.30.250 Disposal of firearms.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Terms Defined.
9.41.010
Being Armed – Prima
9.41.030
Facie Evidence of Intent.
Certain Persons Forbidden
9.41.040
to Possess Arms.
Carrying Pistol.
9.41.050
Exception.
9.41.060
Issuance of License
9.41.070
to Carry.
Delivery to Minors
9.41.080
and Others Forbidden.
Sales Regulated –
9.41.090
Application.
Exemptions.
9.41.093
Denial of Application
9.41.095
– Appeal.
Dealers to Be Licensed.
9.41.100
Dealers’ Licenses –
9.41.110
Conditions.
Certain Transfers
Forbidden.
9.41.120
False Information
9.41.130
Forbidden.
Alteration of Identifying
9.41.140
Marks – Exceptions.
Exemptions.
9.41.150
Penalty.
9.41.160
Alien’s License to Carry
9.41.170
Firearms – Exceptions.
Coyote Getters.
9.41.185
Aiming or Discharging
9.41.230
Firearms.
Use of Firearms by Minor.
9.41.240
Dangerous Weapons –
9.41.250
Evidence.
Dangerous Exhibition.
9.41.260
Weapons Apparently
9.41.270
Capable of Producing
Bodily Harm, Carrying,
Exhibiting, Displaying
or Drawing, Unlawful
– Penalty – Exceptions.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
9.30.250 Disposal of firearms.
A. Except as provided in subsection C of this section, all firearms which are or have been either (1) judicially forfeited to the city after June 30, 1993, and no longer needed for evidence, or (2) forfeited to the city after June 30, 1993, due to a failure to make a claim under RCW 63.32.010 or 63.42.010, may be either retained by the police department for official use or be destroyed. The police chief is hereby authorized and directed to either arrange for the destruction of said firearms, or retain the same for official use.
B. Except for those firearms described in subsection C of this section, all firearms which were (1) judicially forfeited to the city on or before June 30, 1993, and no longer needed for evidence, or (2) forfeited to the city on or before June 30, 1993, due to a failure to make a claim under RCW 63.32.010 or 63.40.010, shall be disposed of by destruction, in the case of illegal firearms, or by trade or auction in the case of all other firearms, as provided in RCW 9.41.098.
C. Antique firearms as defined by RCW 9.41.150 and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms are exempt from destruction and shall be disposed of by auction or trade to commercial sellers. (Ord. 1853 § 1, 1995).
Chapter 9.32
FLAMMABLES1Sections:
9.32.010 Safe storage.
9.32.020 Fireproof receptacles.
9.32.030 On or under stairway – Obstructing egress.
9.32.040 Accumulation prohibited.
9.32.050 Storage of gasoline – Amount.
9.32.060 Storage of gasoline – Container.
9.32.070 Storage of powder or dynamite.
9.32.010 Safe storage.
It is unlawful for any person making, using, storing or having the control of any shavings, rubbish, sacks, bags, litter, hay, straw, or any combustible waste or fragments, to fail, neglect, delay or refuse at the close of each day to cause the same to be securely stored or disposed of so as to be safe from fire. (Ord. 1214 § 1, 1977).
9.32.020 Fireproof receptacles.
It is unlawful for any person to store any combustible material in any manner except in a receptacle made of incombustible material. (Ord. 1214 § 1, 1977).
9.32.030 On or under stairway – Obstructing egress.
It is unlawful for any person to store any explosive, inflammable, or combustible material of any kind under or upon the stairway of any building, or in any place which may obstruct egress from any building in the event of fire. (Ord. 1214 § 1, 1977).
9.32.040 Accumulation prohibited.
It is unlawful for any person to allow or permit to remain upon any roof, or in any yard, or in or upon any lot or other property, any accumulation of paper, hay, straw, moss or other inflammable or combustible rubbish or waste of any description. (Ord. 1214 § 1, 1977).
9.32.050 Storage of gasoline – Amount.
It is unlawful for any person to store more than five gallons of gasoline within the city, unless such gasoline is necessary for bona fide business purposes conducted on or reasonably near the premises. (Ord. 1214 § 1, 1977).
9.32.060 Storage of gasoline – Container.
It is unlawful for any person to store any amount of gasoline unless the gasoline is stored in a steel container, or container approved by the fire chief. (Ord. 1214 § 1, 1977).
9.32.070 Storage of powder or dynamite.
It is unlawful for any person to store more than one box of powder or dynamite in any building within the city. Any powder or dynamite stored shall be contained within a steel container, which container shall be clearly marked as to its contents, and shall be stored near a door providing egress from such building. (Ord. 1214 § 1, 1977).
Chapter 9.34
LIQUORSSections:
9.34.010 –
9.34.250 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Sufficiency of Description
66.44.040
of Offenses in Complaints,
Etc.
Description of Offenses
66.44.050
in Words of Statutes –
Proof Required.
Proof of Unlawful Sale
66.44.060
Establishes Prima Facie
Intent.
Certified Analysis is
66.44.070
Prima Facie Evidence of
Alcoholic Content.
Acting Without License.
66.44.090
Opening or Consuming
66.44.100
Liquor in Public Places.
Intoxication in
66.44.110
Public Place.
Unlawful Use of Seal.
66.44.120
Sales of Liquor by
66.44.130
Drink or Bottle.
Unlawful Sale or
66.44.140
Transportation of
Alcoholic Beverages.
Buying Liquor Illegally.
66.44.150
Illegal Possession of
66.44.160
Liquor With Intent to Sell
– Prima Facie Evidence –
What is.
Illegal Possession or
66.44.170
Transportation of
Alcoholic Beverages.
Violations of Law.
66.44.175
Sales to Person Apparently
66.44.200
Under the Influence
of Liquor.
Obtaining Liquor for
66.44.210
Ineligible Person.
Drinking in Public
66.44.240
Conveyance – Penalty
Against Carrier.
Drinking in Public
66.44.250
Conveyance – Penalty
Against Individual.
No Sales on Election Day.
66.44.260
Furnishing Liquor to
66.44.270
Minors – Possession, Use.
Minor Applying for
66.44.280
Permit.
Minor Purchasing
66.44.290
Liquor.
Treating Minor, Etc.,
66.44.300
in a Public Place
Where Liquor is Sold.
Minors Frequenting
66.44.310
Taverns – Misrepresentation
of Age.
Unlawful Transfer to a
64.44.325
Minor of an Identification
of Age.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.36
GLUE SNIFFINGSections:
9.36.010 –
9.36.050 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Glue Sniffing –
Definition.
9.47A.010
Glue Sniffing – Unlawful
9.47A.020
Inhalation – Exception.
Glue Sniffing –
9.47A.030
Possession of Certain
Glue Prohibited – When.
Glue Sniffing – Sale of
9.47A.040
Certain Prohibited – When.
Glue Sniffing – Penalty.
9.47A.050
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.40
PUBLIC NUISANCESections:
9.40.010 –
9.40.050 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Public Nuisance.
9.66.010
Unequal Damage.
9.66.020
Maintaining and Permitting
9.66.030
Nuisance.
Abatement of Nuisance.
9.66.040
Deposit of Unwholesome
9.66.050
Substance.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.42
LIBEL AND SLANDERSections:
9.42.010 –
9.42.120 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Libel, What Constitutes.
9.58.010
How Justified or Excused –
9.58.020
Malice, When Presumed.
Publication Defined.
9.58.030
Liability of Editors
9.58.040
and Others.
Report of Proceeding
9.58.050
is Privileged.
Venue – Punishment
9.58.060
Restricted.
Privileged Communications.
9.58.070
Furnishing Libelous
9.58.080
Information.
Threatening to Punish Libel.
9.58.090
Slander of Financial
9.58.100
Institution.
Slander of Woman.
9.58.110
Testimony Necessary
9.58.120
to Convict.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976)
Chapter 9.44
DRUGSSections:
9.44.010 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Uniform Controlled
Ch. 69.50 et seq.
Substances Act (as
hereafter amended by
the Legislature) is
Adopted in its Entirety.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.48
GAMBLING2Sections:
9.48.010 State act adopted.
9.48.020 Filing of license.
9.48.030 City tax on gambling.
9.48.040 Taxes payable to city treasurer – Filing of duplicates.
9.48.050 Penalties.
9.48.060 Skill games – Pinball, pool – Operator’s fees.
9.48.070 Skill game operator’s license – Application – Prerequisites.
9.48.080 License – Posting – Duration – License sticker.
9.48.090 Exception.
9.48.100 Violation – Misdemeanor – License revocation.
9.48.010 State act adopted.
The 1973 Gambling Act, as hereafter amended by the state Legislature, is adopted in its entirety. (Ord. 1214 § 1, 1977).
9.48.020 Filing of license.
Any person, association or organization required to obtain a license for gambling under the laws of the state, which receives such a license, shall upon receipt thereof immediately file a copy thereof with the chief of police and shall thereafter promptly notify the chief of police of any change, suspension or action pertaining to such license. (Ord. 1214 § 1, 1977).
9.48.030 City tax on gambling.
Any person, association or organization engaging in gambling activities pursuant to a state license and as authorized under the laws of the state shall be subject to a city tax as follows:
A. There shall be a city tax levied upon bingo, raffles, and amusement games in the amount of five percent of the gross revenue received therefrom, less the amount paid as prizes.
B. There shall be a city tax levied on all other gambling activities, except social card games, of five percent of the gross receipts of such activities, less the amount paid as prizes.
C. With respect to social card games, there shall be a city tax levied in the amount of 10 percent of the gross amount received therefrom. (Ord. 1214 § 1, 1977).
9.48.040 Taxes payable to city treasurer – Filing of duplicates.
The taxes provided in EMC 9.48.030 shall be paid to the city treasurer upon the filing of any report of gambling moneys received by a license holder to the Washington Gambling Commission and a duplicate copy of such report(s) shall be filed simultaneously with the city treasurer together with the payment of the city tax. Additionally, a duplicate report shall be simultaneously filed with the city clerk and also a duplicate shall be filed with the police chief. (Ord. 1214 § 1, 1977).
9.48.050 Penalties.
Any person violating the provisions of EMC 9.48.010, 9.48.020, 9.48.030 or 9.48.040 shall be guilty of a misdemeanor punishable by a fine of $500.00 or 90 days in jail, or both. Additionally, permanent revocation of the privilege to conduct gambling activities may result. (Ord. 1214 § 1, 1977).
9.48.060 Skill games – Pinball, pool – Operator’s fees.
Each person, firm, corporation or business establishment in possession or operating a device, machine or contrivance for playing games of skill commonly known as pinball, shuffleboard, foosball, pool, billiards, air hockey, or other games of skill in which coins are inserted for the privilege of playing the machine, shall pay an operator’s fee of $25.00 per year in advance and the additional sum of $25.00 per year shall be paid in advance for each and every machine maintained, possessed or operated within the city by any one person, firm, corporation or business establishment. (Ord. 1214 § 1, 1977).
9.48.070 Skill game operator’s license – Application – Prerequisites.
Any person desirous of operating, maintaining or possessing a skill game machine within the city must apply for a license to be approved by the city council. The city council shall issue such license at its discretion. An applicant shall satisfy the following prerequisites:
A. Payment of fees pursuant to EMC 9.48.060;
B. Submission of a written statement insuring the applicant’s knowledge of EMC 9.48.060 and 9.48.070 and other provisions relating to skill game machines and declaring an intent to comply with these provisions. (Ord. 1214 § 1, 1977).
9.48.080 License – Posting – Duration – License sticker.
Skill game licenses shall be conspicuously posted at the place of business where the machines are located. An operator’s license is valid for the calendar year in which it is issued. The city clerk shall issue to each licensee a sticker indicating the number and location of each machine, and the name of the operator. It is unlawful to operate any skill game without such sticker attached. (Ord. 1214 § 1, 1977).
9.48.090 Exception.
The provisions of EMC 9.48.060, 9.48.070 and 9.48.080 are not applicable to private persons who own skill game machines for their own use and enjoyment; provided, that such machines are not available to the public and are used and enjoyed only on the private premises of the owner and not for profit. (Ord. 1214 § 1, 1977).
9.48.100 Violation – Misdemeanor – License revocation.
Any person in violation of EMC 9.48.060, 9.48.070 or 9.48.080 is guilty of a misdemeanor punishable by a fine of $500.00 or 90 days in jail or both. In addition, upon proof of such conviction, the city council may revoke the license of any convicted operator. Upon such revocation the convicted operator may forfeit any moneys deposited under EMC 9.48.060. (Ord. 1214 § 1, 1977).
Chapter 9.50
COMMERCIAL STIMULANT
CARD GAMESSections:
9.50.010 Prohibited.
9.50.020 Violation – Penalty.
9.50.010 Prohibited.
Commercial stimulant card games, and/or social card games, as defined in RCW 9.46.0282, or as later amended, are prohibited. (Ord. 2008 § 1, 1999).
9.50.020 Violation – Penalty.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, punished in accordance with the penalty provisions of the Enumclaw Municipal Code. (Ord. 2008 § 2, 1999).
Chapter 9.52
OBSCENITYSections:
9.52.010 –
9.52.090 Statutes adopted.
9.52.110 Unlawful exposure.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Obscene Literature,
9.68.010
Shows – Exception.
Obscene Literature,
9.68.015
Shows – Exceptions.
Prohibited Publication.
9.68.020
Indecent Articles, Etc.
9.68.030
Unlawful Acts.
9.68.080
Civil Liability of
9.68.090
Wholesaler.
Exceptions.
9.68.100
Motion Picture Operator
9.68.110
or Projectionist Exempt –
When.
Exclusive Provision.
9.68.120
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
9.52.110 Unlawful exposure.
A. It is unlawful for any person owning, managing or operating, conducting or maintaining a cabaret, restaurant, cafe, tavern, cocktail lounge, bar, or other place of business serving food or beverages in the city to knowingly cause or permit any individual, whether employee, servant, agent, independent contractor-entertainer or entertainer, to appear therein with one or both breasts and/or the lower portion of the torso, wholly or substantially exposed to public view. It is unlawful for any such individual, whether employee, servant or entertainer, to be present, work or loiter in such establishment at any time, or to appear therein in a substantially exposed manner as defined in this section. The provisions contained in this section shall apply to any such individual whether or not a bona fide employer employee relationship exists or whether such individual acts as an independent contractor.
B. Each separate violation of any provision of this section unless otherwise specifically provided shall be as established by EMC 1.08.010. (Ord. 1264 §§ 1, 2, 1979).
Chapter 9.56
DISORDERLY CONDUCTSections:
9.56.010 Disorderly conduct.
9.56.020 –
9.56.050 Statutes adopted.
9.56.010 Disorderly conduct.
Every person who within the city shall do the following is guilty of disorderly conduct:
A. Suffer or permit any livestock or domestic fowl to run at large; or
B. Become or be intoxicated or in a drunken or maudlin condition; or
C. Discharge any firearm, slingshot, or air gun; or
D. Use or utter within the hearing of another any vile, filthy, obscene, indecent or insulting language or language tending to provoke an assault or breach of the peace; or
E. Disturb any public meeting, assembly of persons met for divine worship, or any other lawful assembly; or
F. Engage in fighting, carousing, quarreling or any other disorderly conduct disturbing the public peace; or
G. Do or commit any act or thing which is or shall be prohibited by any law of the state then in force; or
H. Fail, neglect or refuse to do or perform any duty, act or thing enjoined upon or required of such person by any law of the state then in force; or
I. Appear upon any public street, avenue, alley or highway or in any public place in an indecent, drunken, maudlin or intoxicated condition; or
J. Be guilty of disorderly conduct; or
K. Engage in any assaultive conduct; or
L. Insult or abuse any school teacher on any public school grounds or school premises, or speak, use or utter at or toward any school teacher on any public school grounds or school premises any profane, abusive, insulting or indecent language. (Ord. 1214 § 1, 1977).
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Riot.
9A.84.010
Failure to Disperse.
9A.84.020
Disorderly Conduct.
9A.84.030
False Reporting.
9A.84.040
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.60
FALSE ALARMSSections:
9.60.010 Purpose.
9.60.020 Definitions.
9.60.030 Emergency contact card – Termination of false alarm.
9.60.040 Unlawful conduct.
9.60.050 Fees.
9.60.060 Notice.
9.60.070 Violation – Penalty.
9.60.010 Purpose.
This chapter is intended to reduce the number of false alarms occurring within the city and the resultant waste of city resources by providing for corrective administrative action, including fees and potential disconnection and criminal penalties for violations. (Ord. 1682 § 1, 1991).
9.60.020 Definitions.
The following words used in this chapter, shall be defined as set forth in this section:
“False alarm” includes the activities of a burglary and/or robbery alarm by other than an unlawful or attempted unlawful entry (to the premises) or when no robbery or burglary is being committed or attempted on the premises.
“Person” includes any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever. (Ord. 1682 § 1, 1991).
9.60.030 Emergency contact card – Termination of false alarm.
A. It is unlawful to have or maintain on any premises a burglary and/or robbery alarm unless there is on file with the Enumclaw police department an emergency contact card on a form provided by the police department containing the name(s) and telephone number(s) of person(s) authorized to enter such premises and turn off any alarm and a signed statement by the owner or occupier of the premises authorizing police officers to disconnect an alarm when required by this chapter.
B. It is also unlawful for any person authorized to terminate a false alarm and listed on the emergency contact card to refuse to respond and turn off a false alarm within one hour of being requested to do so by the Enumclaw police department.
C. Any alarm audible upon abutting property for a period in excess of one hour is declared to be a public nuisance and may be summarily abated by the police department. (Ord. 1682 § 1, 1991).
9.60.040 Unlawful conduct.
A. It is unlawful for anyone to activate any robbery and/or burglary alarm for the purposes of summoning police except in the event of an actual or attempted unlawful entry, burglary or robbery, or for anyone notifying the police of any activated alarm, and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system to fail at the same time to notify the police of such apparent malfunction.
B. Every person who possesses any premises with a burglary and/or robbery alarm shall maintain the alarm system in good repair and any person failing to do so is guilty of failing to maintain an alarm system. Three false alarms from any alarm system in any 12-month period shall be prima facie evidence of failure to comply with this subsection by the person having or maintaining such alarm. (Ord. 1682 § 1, 1991).
9.60.050 Fees.
A. The city shall impose the following administrative sanctions upon a police response to any false alarm:
1. Upon a first response to a premises at which no other false alarm has occurred, notice of the conditions and requirements of this chapter shall be given to the person having or maintaining such alarm system. The notice shall also request that possible causes of the apparent malfunction be examined, and any corrective action be taken to prevent future occurrences.
2. If a second response to a premises occurs as a result of a false alarm within a six-month period, the person having or maintaining such burglary and/or robbery alarm shall, within three working days after notice to do so, submit a written report to the chief of police on a prescribed form setting forth the cause of such false alarm, the corrective action taken, and such other information as the chief of police or his designee may reasonably require to determine the cause of such false alarm, any mitigating circumstances and necessary corrective action. The chief of police or his designee shall be authorized to inspect or cause to be inspected the alarm system at such premises, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system of the conditions and requirements of this section. All costs of inspection and corrective action shall be borne by the individual having or maintaining the alarm on the premises.
3. If a third response to a premises occurs within a six-month period, the person having or maintaining such alarm system shall, within three working days after notice to do so, submit a written report to the chief of police on prescribed forms setting forth the cause of such false alarm, as well as a written statement by a certified alarm repair service, indicating the action taken and a statement of reliability. In addition, notice will be given that future occurrences within the same six-month period will result in a monetary assessment of $50.00.
4. a. If a fourth response to a premises occurs within the same six-month period, a fee of $50.00 will be assessed.
b. If a fifth response to a premises occurs within the same six-month period, a fee of $100.00 will be assessed.
c. If a sixth response to a premises occurs within the same six-month period, a fee of $150.00 will be assessed.
d. If a seventh response to a premises occurs within the same six-month period, a fee of $200.00 will be assessed.
e. If an eighth or subsequent response to a premises occurs within the six-month period, a fee of $250.00 for each and every response will be assessed.
B. Monetary assessments imposed in accordance with this section shall be paid to the city clerk/treasurer within 15 days of the date of the notice. The city clerk/treasurer shall not renew the business license of any business which fails to pay a monetary assessment and/or otherwise comply with this chapter; provided, that such license may be reinstated upon payment to the city clerk/treasurer of the monetary assessments and compliance with all other provisions of this chapter. (Ord. 1782 § 1, 1993; Ord. 1682 § 1, 1991).
9.60.060 Notice.
Notice of imposition of any administrative decision or sanction, including the imposition of monetary assessment or order of disconnection under the provisions of this chapter shall be given to the person having or maintaining a burglary and/or robbery alarm on premises owned or occupied by him or her; provided, that with respect to business premises, the owner, manager, or chief administrative agent regularly assigned and employed on the premises at the time of the occurrence of a false alarm shall be presumed to be the person having or maintaining the alarm on the business premises and to whom notice shall be given. (Ord. 1682 § 1, 1991).
9.60.070 Violation – Penalty.
Violations of this chapter shall be punished in accordance with the penalty provisions contained in Chapter 1.08 EMC and EMC 9.00.030. (Ord. 1682 § 1, 1991).
Chapter 9.68
OFFENSES RELATED TO PROPERTYSections:
9.68.010 Injury to public utilities and public property.
9.68.020 Injury to property.
9.68.030 –
9.68.100 Statutes adopted.
9.68.010 Injury to public utilities and public property.
Every person is guilty of injury to public utilities and public property who willfully or maliciously removes, damages or destroys:
A. Any public street, highway, alley or private driveway; or who willfully or maliciously places or causes to be placed in or upon any such public street, highway, alley or private driveway, any substance or device dangerous to any person or animal traveling thereon, or which might injure or puncture the tire of any vehicle, or otherwise damage a vehicle; or
B. A telegraph, telephone, or electric transmission line, pole, or any part thereof, or any appurtenance thereto or apparatus connected with the operation thereof; or
C. A pipe or main for conducting water to any works erected for the purpose of supplying buildings with water, or any appurtenance or appendage thereto; or
D. A sewer or drain or any pipe or main connected thereto or forming a part thereof; or
E. Any equipment used by the fire department, or any other fire department within the city; or
F. Any schoolhouse, church or other public building whatsoever, or any useful or ornamental object thereon; or
G. Any public sign, notice, or warning, or traffic indicator; or
H. Any other public property, or property used by the general public within the city. (Ord. 1214 § 1, 1977; Ord. 29).
9.68.020 Injury to property.
Every person is guilty of injury to property who willfully, negligently, or maliciously:
A. Cuts down, girdles or otherwise injures fruit, shade or ornamental trees standing on the land of another or within any public street or highway; or
B. Digs, takes or carries away, without lawful authority or consent, from any lot or land of another or any street, alley or highway, any earth, soil or stone; or
C. Enters without the consent of the owner or occupant, any orchard, garden or vineyard, with intent to take, injure or destroy anything there grown or growing; or
D. Cuts or in any manner destroys or damages any shrub, tree, garden, lawn or other growing thing; or
E. Damages or defaces any building or part thereof or throws any stone or other missile at any building or part thereof; or
F. Unties, unfastens, or liberates, without authority, the horse or team of another; or to otherwise cause another’s horse, dog, cat, fowl, or other animals to run free within the city limits, even though such act of liberation may have occurred outside the city limits with consequent arrival of animals within the city;
G. Kills, maims, shoots at or disfigures any animal belonging to another or exposes any poisons or noxious substance with the intent that it should be taken by any animal; or
H. Places upon the property of another any sign advertising the business of the actor, or the actor’s principal without the express permission of the rightful owner; or
I. Otherwise damages any property of another with intent or criminal negligence, and not by excusable mistake. (Ord. 1214 § 1, 1977; Ord. 29).
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Criminal Trespass
9A.52.070
in the First Degree.
Criminal Trespass
9A.52.080
in the Second Degree.
Criminal Defenses to
9A.52.090
Trespass.
Threats to Bomb or
9.61.160
Injure Property.
Threats – Hoax No Defense.
9.61.170
Carrier or Racing
9.61.190
Pigeons – Injury to.
Pigeons, Removal of I.D.
9.61.200
Pigeons – Penalty.
9.61.210
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.69
RECKLESS BURNING AND
MALICIOUS MISCHIEFSections:
9.69.010 –
9.69.040 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Reckless Burning in
9A.48.050
the Second Degree.
Defense.
9A.48.060
Malicious Mischief
9A.48.090
in the Third Degree.
Definition.
9A.48.100
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.70
BURGLARY AND TRESPASSSections:
9.70.010 –
9.70.080 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Definitions.
9A.52.010
Burglary in the
9A.52.030
Second Degree.
Inference of Intent.
9A.52.040
Other Crimes in
9A.52.050
Committing Burglary
Punishable.
Making or Having
9A.52.060
Burglar Tools.
Criminal Trespass in
9A.52.070
the First Degree.
Criminal Trespass in
9A.52.080
the Second Degree.
Criminal Trespass –
9A.52.090
Defenses.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.72
TELEPHONES – UNLAWFUL USESSections:
9.72.010 –
9.72.030 Statutes adopted.
EMC
Source of Adopted
Section No.
Topic – Title
Law (RCW)
Telephone Calls to Harass,
9.61.230
Etc.
Permitting Telephone to Be
9.61.240
Used.
Offenses – Where
9.61.250
Committed.
(Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
Chapter 9.84
CRIMES RELATING TO CHILDRENSections:
9.84.010 Abandoning, discarding refrigeration equipment.
9.84.020 Leaving children unattended in parked automobile.
9.84.030 Misrepresentation of age for purposes of securing erotic material.
9.84.040 Contributing – Certain acts prohibited – Belief minor in representative capacity no defense.
9.84.050 Child labor.
9.84.060 Certain types of child labor prohibited.
9.84.070 Employment of truants – Permit.
9.84.080 Defacing or injuring school property – Liability of parents or guardian.
9.84.010 Abandoning, discarding refrigeration equipment.
Any person who discards or abandons or leaves in any place accessible to children any refrigerator, icebox, or deep freeze locker having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. (Ord. 1214 § 1, 1977).
9.84.020 Leaving children unattended in parked automobile.
Every person having the care and custody, whether temporary or permanent, of minor children under the age of 12 years, who leaves such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumption on the premises, is guilty of a misdemeanor. (Ord. 1214 § 1, 1977).
9.84.030 Misrepresentation of age for purposes of securing erotic material.
A. It is unlawful for any minor to misrepresent his true age or true status as the child, stepchild or ward of a person accompanying him, for the purpose of purchasing or obtaining access to any material described in RCW 9.68.050.
B. It is unlawful for any person accompanying such minor to misrepresent his true status as a parent, spouse of a parent or guardian of any minor for the purpose of enabling such minor to purchase or obtain access to material described in RCW 9.68.050.
C. Definition. The material referred to in this section and described in RCW 9.68.050 as “erotic material,” is defined as any printed material, photographs, pictures, motion pictures, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently offensive because it affronts contemporary standards relating to the description or representation of sexual matters or sadomasochistic abuse; and is utterly without redeeming social value. (Ord. 1214 § 1, 1977).
9.84.040 Contributing – Certain acts prohibited – Belief minor in representative capacity no defense.
Every person is guilty of a misdemeanor who:
A. Admits to or allows to remain in any concert saloon, or in any place owned, kept, or managed by him where intoxicating liquors are sold, given away or disposed of, except a restaurant or dining room, any person under the age of 18 years; or
B. Admits to, or allows to remain in any dance house, public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him, any person under the age of 18 years; or
C. Suffers or permits any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admits or allows to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof is smoked, or where any narcotic drug is used, any persons under the age of 18 years; or
D. Sells or gives, or permits to be sold or given to any person under the age of 21 years any intoxicating liquor, or to any person under the age of 18 years any cigar, cigarette, cigarette paper or wrapper, or any tobacco in any form; or
E. Sells, or gives or permits to be sold or given to any person under the age of 18 years, any revolver or pistol. (Ord. 1214 § 1, 1977).
9.84.050 Child labor.
Every person who employs, and every parent, guardian or other person having the care, custody, or control of such child who permits to be employed by another any child under the age of 14 years at any labor whatsoever, in or in connection with any store, shop, factory, mine or any inside employment not connected with farm or house work, without the written permission of a judge of a superior court of the county wherein such child may live, is guilty of a misdemeanor. (Ord. 1214 § 1, 1977).
9.84.060 Certain types of child labor prohibited.
Every person shall be guilty of a misdemeanor who employs or causes to be employed, exhibits or has in his custody for exhibition or employment any minor actually or apparently under the age of 18 years; and every parent, relative, guardian, employer or other person having the care, custody, or control of any such minor, who in any way procures or consents to the employment of such minor:
A. In begging, receiving alms, or in any mendicant occupation; or
B. In any indecent or immoral exhibition or practice; or
C. In any practice or exhibition dangerous or injurious to life, limb, health or morals; or
D. As a messenger for delivering letters, telegrams, packages or bundles, to any known house of prostitution or assignation. (Ord. 1214 § 1, 1977).
9.84.070 Employment of truants – Permit.
No child under the age of 15 years shall be employed by any person, company or corporation for any purpose, during the hours which the schools of the district in which such child resides are in session unless such child presents a certificate from the school board superintendent as provided in RCW 28A.27.010 excusing the said child from attendance in the public schools and setting forth the reason(s) for such excuse, the residence and age of said child, and the time for which such excuse is given. Every owner, superintendent, or overseer of any establishment, company or corporation shall keep such certific