Chapter 9.05
GENERAL PROVISIONS – STATUTES ADOPTED BY REFERENCE

Sections:

9.05.010    Preliminary statement.

9.05.020    Purposes – Principles of construction.

9.05.030    City criminal jurisdiction.

9.05.040    Classes of crimes.

9.05.050    Punishment and restitution.

9.05.060    Limitation of action.

9.05.070    Proof beyond a reasonable doubt.

9.05.080    General provisions – Adoption by reference.

9.05.090    Principles of liability.

9.05.100    Defenses.

9.05.110    Anticipatory offenses.

9.05.120    Abandoned refrigeration equipment.

9.05.130    Advertising – Crimes relating to.

9.05.140    Alcoholic beverage control.

9.05.150    Animals – Crimes relating to.

9.05.160    Animals – Injury to.

9.05.170    Assault and other crimes relating to persons.

9.05.180    Competitive bidding.

9.05.190    Controlled substances.

9.05.200    Controlled substances – Minors.

9.05.210    Controlled substances – Minors excluded.

9.05.220    Controlled substances – Sale and display rooms.

9.05.230    Controlled substances – Sale restriction.

9.05.240    Controlled substances – Nuisance.

9.05.250    Corporations – Crimes relating to.

9.05.260    Custodial interference.

9.05.270    Disorderly conduct.

9.05.280    Disruption of school activities.

9.05.290    Domestic violence protection.

9.05.300    False representations.

9.05.310    False swearing and tampering.

9.05.320    Fire alarms – Crimes relating to.

9.05.330    Firearms and dangerous weapons.

9.05.340    Shooting within the City limits.

9.05.350    Fraud.

9.05.360    Gambling offenses.

9.05.370    Harassment.

9.05.380    Inhaling toxic fumes.

9.05.390    Juries – Crimes relating to.

9.05.400    Littering and pollution.

9.05.410    Miscellaneous crimes.

9.05.420    Misconduct in signing a petition.

9.05.430    Obstructing governmental operation.

9.05.440    Obstructing public officers.

9.05.450    Bicycle helmets.

9.05.460    Public disturbance.

9.05.470    Public nuisances.

9.05.480    Reckless burning and malicious mischief.

9.05.490    Sexual offenses – Unlawful acts of prostitution or pandering.

9.05.500    Special offenses relative to minors.

9.05.510    Telephone credit cards.

9.05.520    Tobacco use by minors.

9.05.530    Theft and possession of stolen property.

9.05.540    Throwing objects at moving vehicles.

9.05.550    Trademarks and other marks.

9.05.560    Trespass and prowling.

9.05.570    Urinating in public.

9.05.580    Vehicles resembling police or fire vehicles.

9.05.590    Violating right of privacy.

9.05.600    Interference with health care facility.

9.05.610    Abandonment of a dependent person in the third degree.

9.05.620    Crimes not specifically referenced.

9.05.630    Copies to be available.

9.05.640    Certified copies to be furnished to court.

9.05.010 Preliminary statement.

A. This chapter shall be known as, and may be cited as, the Kenmore Criminal Code.

B. The provisions of this code shall apply to any offense committed on or after 12:01 a.m. on March 1, 1999.

C. The provisions of this code do not apply to, nor govern the construction of and punishment for any offense committed prior to 12:01 a.m. on March 1, 1999, nor 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 the law existing in the City at the time of the commission thereof in the same manner as if this code had not been enacted.

D. The sections of the Revised Code of Washington (RCW) and the King County Code (KCC), now in effect and as subsequently amended, specifically enumerated in this chapter are adopted by reference into this code.

E. Section captions are for organizational purposes only and shall not be construed as part of this code. [Ord. 01-0101 § 1.]

9.05.020 Purposes – Principles of construction.

A. The general purposes of the provisions governing the definition of offenses are to:

1. Forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;

2. Safeguard conduct that is without culpability from condemnation as criminal;

3. Give fair warning of the nature of the conduct declared to constitute an offense; and

4. Differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.

B. The provisions of this code shall be construed according to the fair import of their terms, and when the language is susceptible to differing constructions, it shall be interpreted to further the general purposes stated in this code.

C. In adopting State statutes by reference, only those crimes and offenses under the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. [Ord. 01-0101 § 2.]

9.05.030 City criminal jurisdiction.

Any person who commits any offense defined by this code, in whole or in part, within the corporate limits of the City is liable to arrest, prosecution and punishment. [Ord. 01-0101 § 3.]

9.05.040 Classes of crimes.

Any offense defined by this code for which a sentence of imprisonment is authorized constitutes a violation of City ordinance and is a crime. Crimes are classified as gross misdemeanors or misdemeanors. [Ord. 01-0101 § 4.]

9.05.050 Punishment and restitution.

A. Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of not more than one year, or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine.

B. Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than 90 days, or by a fine in an amount of not more than $1,000, or by both such imprisonment and fine.

C. A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW 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. 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 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.

D. The court may impose restitution as provided in RCW 9A.20.030.

E. In the event there is a conflict in the penalties which can be imposed upon conviction for a specific offense between the provisions of the Kenmore criminal code and the RCW, the penalty provisions of the RCW shall apply. [Ord. 01-0101 § 5.]

9.05.060 Limitation of action.

A. A gross misdemeanor, or a crime not otherwise classified, may not be prosecuted more than two years after its commission. A misdemeanor may not be prosecuted more than one year after its commission.

B. Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this State, or for any other reason authorized by law or court rule.

C. If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. [Ord. 01-0101 § 6.]

9.05.070 Proof beyond a reasonable doubt.

A. Every person charged with an offense is presumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt.

B. When an offense has been proven against a person but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. [Ord. 01-0101 § 7.]

9.05.080 General provisions – Adoption by reference.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.04.050    People capable of committing crimes – Culpability 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 code.

9A.04.110    Definitions.

9.01.055    Citizen immunity if aiding officer, scope – When.

9.01.110    Omission, when not punishable.

9.01.130    Sending letter, when complete.

[Ord. 01-0101 § 8.]

9.05.090 Principles of liability.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.08.010    General requirements of culpability.

9A.08.020    Liability for conduct of another – Complicity.

9A.08.030    Criminal liability of corporations and persons acting or under a duty to act in their behalf.

[Ord. 01-0101 § 9.]

9.05.100 Defenses.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.12.010    Insanity.

9A.16.010    Definitions.

9A.16.020    Use of force – When lawful.

9A.16.030    Homicide – When excusable.

9A.16.040    Justifiable homicide or use of deadly force by public officer, peace offer, person aiding.

9A.16.050    Homicide – By other person – When justifiable.

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.

[Ord. 01-0101 § 10.]

9.05.110 Anticipatory offenses.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.28.020    Criminal attempt.

9A.28.030    Criminal solicitation.

9A.28.040    Criminal conspiracy.

[Ord. 01-0101 § 11.]

9.05.120 Abandoned refrigeration equipment.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

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.

[Ord. 01-0101 § 12.]

9.05.130 Advertising – Crimes relating to.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.04.010    False advertising.

9.04.040    Advertising cures of lost sexual potency – Evidence.

9.04.090    Advertising fuel prices by service station.

[Ord. 01-0101 § 13.]

9.05.140 Alcoholic beverage control.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

66.04.010    Definitions.

66.20.160    “Card of identification,” “licensee,” “store employee” defined for certain purposes.

66.20.170    Card of identification may be accepted as identification card and evidence of legal age.

66.20.180    Card of identification to be presented on request of licensee.

66.20.200    Unlawful acts relating to card of identification and certification card – Penalty.

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

66.32    Search and Seizure; entire chapter.

66.44    Enforcement – Penalties; entire chapter.

[Ord. 01-0101 § 14.]

9.05.150 Animals – Crimes relating to.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.08.030    False certificate of registration of animals – False representation as to breed.

9.08.070    Pet animals – Taking, concealing, injuring, killing, etc. – Penalty.

[Ord. 01-0101 § 15.]

9.05.160 Animals – Injury to.

Any person who willfully and without authority in law kills, maims or disfigures an animal belonging to another, or exposes any poisons or noxious substance with intent that it should be taken by such animal, is guilty of a misdemeanor. [Ord. 01-0101 § 16.]

9.05.170 Assault and other crimes relating to persons.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.36.041    Assault in the fourth degree.

9A.36.050    Reckless endangerment.

9A.36.070    Coercion.

[Ord. 01-0101 § 17.]

9.05.180 Competitive bidding.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.18.120    Suppression of competitive bidding.

9.18.130    Collusion to prevent competitive bidding.

9.18.140    Penalty.

[Ord. 01-0101 § 18.]

9.05.190 Controlled substances.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

69.50.101    Definitions.

69.50.102    Drug paraphernalia – Definitions.

69.50.204(c)(14)    Schedule I – Marihuana or marijuana.

69.50.309    Containers.

69.50.4014    Possession of forty grams of marihuana – Penalty.

69.50.408    Second or subsequent offenses.

69.50.412    Prohibited acts – E-Penalties.

69.50.420    Violations – Juvenile driving privileges.

69.50.425    Misdemeanor violations – Minimum imprisonment.

69.50.505    Seizure and forfeiture.

69.50.506    Burden of proof, liabilities.

69.50.509    Search and seizure of controlled substances.

[Ord. 04-0205 § 1; Ord. 01-0101 § 19.]

9.05.200 Controlled substances – Minors.

No owner, manager, proprietor or other person in charge of any room in any place of business where any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is sold, or displayed for the purpose of sale, may allow or permit any person under the age of 18 years to be in, remain in, enter or visit such room unless such minor person is accompanied by a parent or legal guardian. Any person convicted of violating this section shall be guilty of a misdemeanor. [Ord. 01-0101 § 20.]

9.05.210 Controlled substances – Minors excluded.

No person under the age of 18 years may be in, remain in, enter or visit any room in any place used for the sale or displaying for sale of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless such person is accompanied by a parent or legal guardian. Any person convicted of violating this section shall be guilty of a misdemeanor. [Ord. 01-0101 § 21.]

9.05.220 Controlled substances – Sale and display rooms.

No person may maintain, in any place of business to which the public is invited, the display for sale or the offering to sell of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be posted with a sign in reasonably visible and legible words to the effect that items which are defined as drug paraphernalia under this chapter are being offered for sale in such a room and that minors, unless accompanied by a parent or legal guardian, are excluded. Any person convicted of violating this section shall be guilty of a misdemeanor. [Ord. 01-0101 § 22.]

9.05.230 Controlled substances – Sale restriction.

No person shall sell or give, or permit to be sold or given, to any person under the age of 18 years any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs. Any person convicted of violating this section shall be guilty of a misdemeanor. [Ord. 01-0101 § 23.]

9.05.240 Controlled substances – Nuisance.

The distribution or possession for the purpose of sale, exhibition or display, in any place of business from which minors are not excluded as set forth in this code, of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is declared to be a public nuisance and may be abated by the City. This remedy shall be in addition to any other remedy provided by the law including the penalty provision applicable for the violation of the terms and provisions of this code. Any person convicted of violating this section shall be guilty of a misdemeanor. [Ord. 01-0101 § 24.]

9.05.250 Corporations – Crimes relating to.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.24.010    Fraud in stock subscription.

[Ord. 01-0101 § 25.]

9.05.260 Custodial interference.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.40.010    Definitions.

9A.40.070    Custodial interference in the second degree.

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

[Ord. 01-0101 § 26.]

9.05.270 Disorderly conduct.

Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:

A. Uses abusive language and thereby intentionally creates a risk of assault;

B. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;

C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority;

D. Intentionally and without lawful authority makes noise which unreasonably disturbs another;

E. Intentionally engages in any conduct which tends to or does disturb the public peace, provides disorder, or endangers the safety of others; or

F. Fights by agreement, except as part of an organized athletic event. [Ord. 01-0101 § 27.]

9.05.280 Disruption of school activities.

A. Any person who enters or remains in any school building, classroom or upon any school ground, street sidewalk or public way adjacent thereto and intentionally causes disruption of the activities of the school is guilty of a gross misdemeanor.

B. As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. [Ord. 01-0101 § 28.]

9.05.290 Domestic violence protection.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.36.150    Interfering with the reporting of domestic violence.

10.99.020    Definitions.

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

10.99.040    Restrictions upon and duties of court.

10.99.045    Appearances by defendant – No-contact order.

10.99.050    Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures.

10.99.055    Enforcement of orders.

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

26.50.010    Definitions.

26.50.020    Commencement of action – Jurisdiction – Venue.

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

26.50.030    Petition for an order for protection – Availability of forms and informational brochures – Bond not required.

26.50.040    Fees not permitted – Filing, service of process, certified copies.

26.50.050    Hearing – Service – Time.

26.50.060    Relief – Duration – Realignment of designation of parties – Award of costs, service fees, and attorneys’ fees.

26.50.070    Ex parte temporary order for protection.

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

26.50.090    Order – Service – Fees.

26.50.100    Order – Transmittal to law enforcement agency – Record in law enforcement information system – Enforceability.

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 – Cost and attorney’s fees.

26.50.130    Order – Modification – Transmittal.

26.50.140    Peace officers – Immunity.

26.50.160    Judicial information system – Data base.

26.50.200    Title to real estate – Effect.

26.50.210    Proceedings additional.

26.50.900    Short title.

[Ord. 01-0101 § 29.]

9.05.300 False representations.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.38.010    False representation concerning credit.

9.38.020    False representation concerning title.

[Ord. 01-0101 § 32.]

9.05.310 False swearing and tampering.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.72.010    Definitions.

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.72.070    Perjury and false swearing – Irregularities no defense.

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

9A.72.140    Jury tampering.

9A.72.150    Tampering with physical evidence.

[Ord. 01-0101 § 33.]

9.05.320 Fire alarms – Crimes relating to.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

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.

[Ord. 01-0101 § 34.]

9.05.330 Firearms and dangerous weapons.*

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.41.010    Terms defined.

9.41.050    Carrying firearms.

9.41.060    Exceptions to restrictions on carrying firearms.

9.41.070    Concealed pistol license – Application – Fee – Renewal.

9.41.075    Concealed pistol license – Revocation.

9.41.080    Delivery to ineligible persons.

9.41.090    Dealer deliveries regulated – Hold on delivery.

9.41.0975    Officials and agencies – Immunity, writ of mandamus.

9.41.098    Forfeiture of firearms – Disposition – Confiscation.

9.41.100    Dealer licensing and registration required.

9.41.110    Dealer’s licenses, by whom granted, conditions, fees – Employees, fingerprinting and background checks – Wholesale sales excepted – Permits prohibited.

9.41.120    Firearms as loan security.

9.41.140    Alteration of identifying marks – Exceptions.

9.41.170    Alien’s license to carry firearms – Exceptions.

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.

9.41.810    Penalty.

[Ord. 01-0101 § 35(1).]

*Code reviser’s note: For additional provisions, see Chapter 9.20 KMC.

9.05.340 Shooting within the City limits.

Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor; provided, however, that the provisions of this section do not apply to a person acting in self defense; engaged in military activities sponsored by the federal or State governments, while engaged in official duties; law enforcement personnel; security personnel while engaged in official duties; or a person utilizing a properly licensed institutional, membership, and/or commercial shooting range. [Ord. 01-0101 § 36.]

9.05.350 Fraud.*

A. The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.26A.110    Fraud in obtaining telecommunications service – Penalty.

9.45.060    Encumbered, leased, or rented personal property – Construction.

9.45.070    Mock auctions.

9.45.080    Fraudulent removal of property.

9.45.090    Knowingly receiving fraudulent conveyance.

9.45.100    Fraud in assignment for benefit of creditors.

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

9A.60.010    Definitions.

9A.60.040    Criminal impersonation in the first degree.

9A.60.045    Criminal impersonation in the second degree.

9A.60.050    False certification.

9A.61.010    Definitions.

9A.61.020    Defrauding a public utility.

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

9A.61.060    Restitution and costs.

[Ord. 04-0205 § 2; Ord. 01-0101 § 37(1).]

*Code reviser’s note: For additional provisions, see Chapter 9.25 KMC.

9.05.360 Gambling offenses.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.46.190    Violations relating to fraud or deceit.

9.46.193    Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts.

9.46.195    Obstruction of public servant – Penalty.

9.46.196    Cheating.

9.46.198    Working in gambling activity without license as violation – Penalty.

9.46.210    Enforcement – Commission as law enforcement agency.

9.46.215    Ownership or interest in gambling device – Penalty – Exceptions.

9.46.217    Gambling records – Penalty – Exceptions.

9.46.222    Professional gambling in the third degree.

9.46.231    Gambling devices, real and personal property – Seizure and forfeiture.

9.46.235    Slot machines, antique – Defenses concerning – Presumption created.

9.46.240    Gambling information, transmitting or receiving.

9.46.250    Gambling property or premises – Common nuisances, abatement – Termination of interests, licenses – Enforcement.

9.46.260    Proof of possession as evidence of knowledge of its character.

[Ord. 01-0101 § 38.]

9.05.370 Harassment.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

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.

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.

[Ord. 01-0101 § 39.]

9.05.380 Inhaling toxic fumes.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.47A.010    Definition.

9.47A.020    Unlawful inhalation – Exception.

9.47A.030    Possession of certain substances prohibited, when.

9.47A.040    Sale of certain substances prohibited, when.

9.47A.050    Penalty.

[Ord. 01-0101 § 40.]

9.05.390 Juries – Crimes relating to.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.51.010    Misconduct of officer drawing jury.

9.51.020    Soliciting jury duty.

9.51.030    Misconduct of officer in charge of jury.

[Ord. 01-0101 § 41.]

9.05.400 Littering and pollution.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

70.54.010    Polluting water supply.

70.93.060    Littering prohibited – Penalties.

70.160.020    Definitions.

70.160.030    Smoking in public places except designated smoking areas prohibited.

70.160.040    Designation of smoking areas in public places – Exceptions – Restaurant smoking areas – Entire facility or area may be designated as nonsmoking.

70.160.050    Owners, lessees to post signs prohibiting or permitting smoking – Boundaries to be clearly designated.

70.160.060    Intent of chapter as applied to certain private workplaces.

70.160.070    Intentional violation of chapter – Removing, defacing, or destroying required sign – Fine – Notice of infraction – Exceptions – Violations of RCW 70.160.040 or 70.160.050 – Subsequent violations – Fine – Enforcement by fire officials.

[Ord. 01-0101 § 42.]

9.05.410 Miscellaneous crimes.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.91.010    Denial of civil rights – Terms defined.

9.91.025    Unlawful bus conduct.

9.91.060    Leaving children unattended in parked automobile.

9.91.110    Metal buyers – Records of purchases – Penalty.

9.91.130    Disposal of trash in charity donation receptacle.

[Ord. 01-0101 § 44(1).]

9.05.420 Misconduct in signing a petition.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.44.080    Misconduct in signing a petition.

[Ord. 01-0101 § 45.]

9.05.430 Obstructing governmental operation.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.76.010    Definitions.

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

9A.76.040    Resisting arrest.

9A.76.050    Rendering criminal assistance – Definition of terms.

9A.76.060    Relative defined.

9A.76.070    Rendering criminal assistance in the first degree.

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.

9.31.090    Escaped prisoner recaptured.

9.62.010    Malicious prosecution.

9.62.020    Instituting suit in name of another.

[Ord. 01-0101 § 46.]

9.05.440 Obstructing public officers.

A. It is unlawful for any person to make any willfully untrue, misleading or exaggerated statement to, or to willfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties. Obstructing public officers is a misdemeanor.

B. “Public officer” as used in this section shall mean any police officer, the fire chief and his or her designees, any health officer, the public works director and his or her designees, the city clerk and his or her designees, code enforcement personnel and other City personnel authorized to enforce City ordinances, statutes and codes. [Ord. 01-0101 § 47.]

9.05.450 Bicycle helmets.

The following provisions of the King County Board of Health Code as presently constituted or hereinafter amended are adopted by reference:

KCBHC

Chapter 9.10    General Requirements
Regarding Bicycle
Helmets; entire chapter.

Chapter 9.15    Enforcement; entire
chapter.

[Ord. 01-0101 § 49.]

9.05.460 Public disturbance.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

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

9A.84.010    Riot.

9A.84.020    Failure to disperse.

9A.84.040    False reporting.

[Ord. 01-0101 § 50.]

9.05.470 Public nuisances.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.66.010    Public nuisance.

9.66.020    Unequal damage.

9.66.030    Maintaining or permitting nuisance.

9.66.040    Abatement of nuisance.

9.66.050    Deposit of unwholesome substance.

[Ord. 01-0101 § 51.]

9.05.480 Reckless burning and malicious mischief.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

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.56.180    Obscuring identity of a machine.

[Ord. 01-0101 § 52.]

9.05.490 Sexual offenses – Unlawful acts of prostitution or pandering.*

A. Except as otherwise required by State law, any single conviction under Chapter 9.50 KMC within any period of 12 months shall be a misdemeanor. Any second or subsequent conviction under Chapter 9.50 KMC within any period of 12 months from a first or prior conviction of the same or similar offense shall be a gross misdemeanor.

B. The court may suspend all or a portion of the term of imprisonment or fine on condition that a person convicted of a crime under Chapter 9.50 KMC never enter into, or be present in, any anti-prostitution emphasis area during the term of any such suspension or deferral. The court may further require AIDS testing and counseling, as a condition of suspension or deferral pursuant to RCW 70.24.350, at the defendant’s expense; provided, that King County, as agent for the City pursuant to interlocal agreement, may require such testing and counseling as provided in RCW 70.24.360 upon imprisonment in jail of any such convicted person.

C. The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.88.010    Indecent exposure.

[Ord. 01-0101 § 54(2), (3), (4).]

*Code reviser’s note: For additional provisions, see Chapter 9.50 KMC.

9.05.500 Special offenses relative to minors.*

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.68A.011    Definition.

9.68A.080    Processors of depictions of minors engaged in sexually explicit conduct – Report required.

9.68A.090    Communication with minor for immoral purposes.

9.68A.120    Seizure and forfeiture of property.

9.68A.140    Definitions.

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

9.68A.160    Penalty.

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

[Ord. 01-0101 § 55(1).]

*Code reviser’s note: For additional provisions, see Chapters 9.55, 9.57, 9.60 and 9.65 KMC.

9.05.510 Telephone credit cards.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.26A.090    Telephone company credit cards – Prohibited acts.

9.26A.100    Definitions.

9.26A.110    Fraud in obtaining telecommunications service – Penalty.

9.26A.120    Fraud in operating coin-box telephone or other receptacle.

9.26A.130    Penalty for manufacture or sale of slugs to be used for coin.

[Ord. 01-0101 § 56.]

9.05.520 Tobacco use by minors.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

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

70.155.080    Purchasing or obtaining tobacco by persons under the age of eighteen – Civil infraction.

[Ord. 01-0101 § 57.]

9.05.530 Theft and possession of stolen property.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.56.010    Definitions.

9A.56.020    Theft – Definition, defense.

9A.56.050    Theft in the third degree.

9A.56.060    Unlawful issuance of checks or drafts.

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.56.230    Unlawful sale 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.

[Ord. 01-0101 § 58.]

9.05.540 Throwing objects at moving vehicles.

Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing, or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor. [Ord. 01-0101 § 59.]

9.05.550 Trademarks and other marks.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.16.030    Counterfeiting trademark, brand, etc.

9.16.040    Displaying goods with false trademark.

9.16.050    When deemed affixed.

9.16.060    Fraudulent registration of trademark.

9.16.070    Form and similitude defined.

9.16.080    Sales of petroleum products improperly labeled or by wrong grade.

9.16.090    Sales of petroleum products improperly labeled or by wrong grade – Penalty for violations.

9.16.100    Use of the words “sterling silver,” etc.

9.16.110    Use of the words “coin silver,” etc.

9.16.120    Use of the word “sterling” on mounting.

9.16.130    Use of the words “coin silver” on mounting.

9.16.140    Unlawfully marking article made of gold.

9.16.150    “Marked, stamped or branded,” defined.

[Ord. 01-0101 § 60.]

9.05.560 Trespass and prowling.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.52.010    Definitions.

9A.52.060    Making or having burglar tools.

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.52.100    Vehicle prowling in the second degree.

9A.52.120    Computer trespass in the second degree.

9A.52.130    Computer trespass – Commission of other crime.

[Ord. 01-0101 § 61.]

9.05.570 Urinating in public.

Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent charges, the person shall be guilty of a misdemeanor. [Ord. 01-0101 § 63.]

9.05.580 Vehicles resembling police or fire vehicles.

Any person who operates a motor vehicle painted and exhibiting decals, numbers, name, insignia, or other objects which simulate a City or county police or fire department vehicle, or City vehicle, without prior authorization from the police chief, fire chief, city manager, or their designees is guilty of a misdemeanor. [Ord. 01-0101 § 64.]

9.05.590 Violating right of privacy.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.73.010    Divulging telegram.

9.73.020    Opening sealed letter.

9.73.030    Intercepting, recording or divulging private communication – Consent required – Exceptions.

9.73.070    Persons and activities excepted from chapter.

9.73.090    Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility.

9.73.100    Recordings available to defense counsel.

[Ord. 01-0101 § 65.]

9.05.600 Interference with health care facility.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.50.020    Interference with health care facility.

[Ord. 01-0101 § 67.]

9.05.610 Abandonment of a dependent person in the third degree.

The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

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

[Ord. 01-0101 § 68.]

9.05.620 Crimes not specifically referenced.

Any act or omission defined as a misdemeanor or gross misdemeanor in State law and not specifically identified in this chapter is also adopted by reference. [Ord. 01-0101 § 69.]

9.05.630 Copies to be available.

A copy of each portion of the RCW, the King County Code, and the King County Board of Health Code adopted by reference shall be authenticated and recorded by the city clerk and not less than one copy thereof shall be available in the office of the city clerk for use and examination by the public. [Ord. 01-0101 § 70.]

9.05.640 Certified copies to be furnished to court.

The city clerk is directed to provide to the court administrator of the King County district court, shoreline division, at City expense, adequate numbers of certified copies of this chapter to permit enforcement of this chapter. [Ord. 01-0101 § 71.]