Chapter 9.01
PRELIMINARY ARTICLE

Sections:

9.01.010    Title – Effective date – Applicability.

9.01.020    General provisions.

9.01.030    Principles of liability.

9.01.040    Defenses.

9.01.050    Contempt.

9.01.060    Penalty.

9.01.070    Construction.

9.01.080    Severability.

9.01.090    Amendments and additions.

9.01.010 Title – Effective date – Applicability.

A. This title shall be known and may be cited as the Gig Harbor Municipal Criminal Code and shall become effective on March 21, 1988.

B. The provisions of this title shall apply to any offense committed on or after the effective date, 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 the effective date, 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. 529 § 2, 1988).

9.01.020 General provisions.

The following state statutes are adopted by reference:

RCW

    9.01.055 Citizen immunity if aiding officer.

    9.01.110 Omission, when not punishable.

    9.01.130 Sending letter, when complete.

    9A.04.020 Purposes – Principles of construction.

    9A.04.030 State criminal jurisdiction.

    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.04.080 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.

(Ord. 801 § 2, 1998; Ord. 529 § 2, 1988).

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. 529 § 2, 1988).

9.01.040 Defenses.

The following state statutes are adopted by reference:

RCW

    9A.12.010 Insanity.

    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 of premises for investigation – “Reasonable grounds” as defense.

    9A.16.090 Intoxication.

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

(Ord. 801 § 3, 1998; Ord. 529 § 2, 1988).

9.01.050 Contempt.

The following state statutes are adopted by reference:

RCW

    7.21.010 Definitions.

    7.21.020 Sanctions – Who may impose.

    7.21.030 Remedial sanctions – Payment for losses.

    7.21.040 Punitive sanctions – Fines.

    7.21.050 Sanctions – Summary imposition – Procedure.

    7.21.060 Administrative actions on proceedings – Petition to court for imposition of sanctions.

    7.21.070 Appellate review.

(Ord. 801 § 4, 1998; Ord. 529 § 2, 1988).

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. In addition to the penalty provisions set forth in this section, a person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW adopted by reference shall be punished in accordance with RCW 69.50.425. (Ord. 801 § 5, 1998; Ord. 562 § 1, 1989; Ord. 529 § 2, 1988).

9.01.070 Construction.

In adopting the state’s 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 is to be applied. (Ord. 529 § 2, 1988).

9.01.080 Severability.

If any section, sentence, clause or phrase of this title should be held to be invalid, or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this title. (Ord. 529 § 2, 1988).

9.01.090 Amendments and additions.

This title is adopted in accordance with the provisions of RCW 35A.12.140, and all amendments and additions to the Revised Code of Washington sections hereinafter enumerated, when adopted by reference as required by RCW 35A.12.140, shall be considered and accepted as amendments and additions to this title. (Ord. 801 § 6, 1998; Ord. 529 § 2, 1988).