Up Previous Next

Chapter 9.02
CRIMINAL CODE

Sections:

9.02.010    Preliminary article.

9.02.020    Adoption of sections of Revised Code of Washington not specifically set forth in KCC 9.02.030 through 9.02.620.

9.02.030    Session laws not yet codified.

9.02.040    RCW Title 2, entitled “Courts of Record” – Adoption by reference.

9.02.050    RCW Title 7, entitled “Special Proceedings and Actions” – Adoption by reference.

9.02.060    RCW Title 9, entitled “Crimes and Punishments” – Adoption by reference.

9.02.070    RCW Title 9A, entitled “Washington Criminal Code” – Adoption by reference.

9.02.080    RCW Title 10, entitled “Criminal Procedure” – Adoption by reference.

9.02.090    Chapter 13.32A RCW, entitled “Family Reconciliation Act” – Adoption by reference.

9.02.100    RCW Title 16, entitled “Animals and Livestock” – Adoption by reference.

9.02.110    Chapter 17.04 RCW, entitled “Weed districts” – Adoption by reference.

9.02.120    RCW Title 19, entitled “Business Regulations – Miscellaneous” – Adoption by reference.

9.02.130    Chapter 20.01 RCW, entitled “Agricultural products – Commission merchants, dealers, brokers, buyers, agents” – Adoption by reference.

9.02.140    Chapter 22.32 RCW, entitled “General penalties” – Adoption by reference.

9.02.150    RCW Title 26, entitled “Domestic Relations” – Adoption by reference.

9.02.160    RCW Title 27, entitled “Libraries, Museums, and Historical Activities” – Adoption by reference.

9.02.170    Chapter 28A.635 RCW, entitled “Offenses relating to school property and personnel” – Adoption by reference.

9.02.180    Chapter 29A.84 RCW, entitled “Crimes and penalties” – Adoption by reference.

9.02.190    RCW Title 30A, entitled “Washington Commercial Bank Act” – Adoption by reference.

9.02.200    Chapter 30B.10 RCW, entitled “Director’s authority – Supervision and examination – Enforcement” – Adoption by reference.

9.02.210    RCW Title 31, entitled “Miscellaneous Loan Agencies” – Adoption by reference.

9.02.220    RCW Title 32, entitled “Washington Savings Bank Act” – Adoption by reference.

9.02.230    RCW Title 33, entitled “Washington Savings Associations Act” – Adoption by reference.

9.02.240    RCW Title 35, entitled “Cities and Towns” – Adoption by reference.

9.02.250    RCW Title 35A, entitled “Optional Municipal Code” – Adoption by reference.

9.02.260    RCW Title 36, entitled “Counties” – Adoption by reference.

9.02.270    RCW Title 38, entitled “Militia and Military Affairs” – Adoption by reference.

9.02.280    RCW Title 39, entitled “Public Contracts and Indebtedness” – Adoption by reference.

9.02.290    Chapter 40.16 RCW, entitled “Penal provisions” – Adoption by reference.

9.02.300    RCW Title 41, entitled “Public Employment, Civil Service, and Pensions” – Adoption by reference.

9.02.310    RCW Title 42, entitled “Public Officers and Agencies” – Adoption by reference.

9.02.320    RCW Title 43, entitled “State Government – Executive” – Adoption by reference.

9.02.330    Chapter 44.16 RCW, entitled “Legislative Inquiry” – Adoption by reference.

9.02.340    RCW Title 46, entitled “Motor Vehicles” – Adoption by reference.

9.02.350    RCW Title 47, entitled “Public Highways and Transportation” – Adoption by reference.

9.02.360    RCW Title 48, entitled “Insurance” – Adoption by reference.

9.02.370    RCW Title 49, entitled “Labor Regulations” – Adoption by reference.

9.02.380    RCW Title 50, entitled “Unemployment Compensation” – Adoption by reference.

9.02.390    RCW Title 51, entitled “Industrial Insurance” – Adoption by reference.

9.02.400    Chapter 52.12 RCW, entitled “Powers – Burning permits” – Adoption by reference.

9.02.410    RCW Title 53, entitled “Port Districts” – Adoption by reference.

9.02.420    Chapter 57.08 RCW, entitled “Powers” – Adoption by reference.

9.02.430    RCW Title 58, entitled “Boundaries and Plats” – Adoption by reference.

9.02.440    RCW Title 59, entitled “Landlord and Tenant” – Adoption by reference.

9.02.450    RCW Title 61, entitled “Mortgages, Deeds of Trust, and Real Estate Contracts” – Adoption by reference.

9.02.460    RCW Title 63, entitled “Personal Property” – Adoption by reference.

9.02.470    RCW Title 64, entitled “Real Property and Conveyances” – Adoption by reference.

9.02.480    RCW Title 65, entitled “Recording, Registration, and Legal Publication” – Adoption by reference.

9.02.490    RCW Title 66, entitled “Alcoholic Beverage Control” – Adoption by reference.

9.02.500    RCW Title 67, entitled “Sports and Recreation – Convention Facilities” – Adoption by reference.

9.02.510    RCW Title 68, entitled “Cemeteries, Morgues, and Human Remains” – Adoption by reference.

9.02.520    RCW Title 69, entitled “Food, Drugs, Cosmetics, and Poisons” – Adoption by reference.

9.02.530    RCW Title 70, entitled “Public Health and Safety” – Adoption by reference.

9.02.540    RCW Title 71, entitled “Mental Illness” – Adoption by reference.

9.02.550    Chapter 72.09 RCW, entitled “Department of corrections” – Adoption by reference.

9.02.560    Chapter 73.04 RCW, entitled “General provisions” – Adoption by reference.

9.02.570    RCW Title 74, entitled “Public Assistance” – Adoption by reference.

9.02.580    RCW Title 78, entitled “Mines, Minerals, and Petroleum” – Adoption by reference.

9.02.590    RCW Title 80, entitled “Public Utilities” – Adoption by reference.

9.02.600    RCW Title 81, entitled “Transportation” – Adoption by reference.

9.02.610    Chapter 88.02 RCW, entitled “Vessel registration” – Adoption by reference.

9.02.620    RCW Title 90, entitled “Water Rights – Environment” – Adoption by reference.

9.02.630    Obstructing public officers.

9.02.640    Disorderly conduct.

9.02.650    Prohibited conduct on transit property and transit vehicles.

9.02.660    Possession of graffiti tools.

9.02.670    Tampering or interfering with the property of another prohibited – Penalty.

9.02.680    Public disturbance.

9.02.690    Disruption of public facilities.

9.02.700    Public events – Criminal activity.

9.02.710    Public facility – Illegal activity – Exclusion.

9.02.720    Escape.

9.02.730    Damage, theft, abandonment, or improper use of an electronic home detention or monitoring device.

9.02.740    Vehicle trespass prohibited – Penalty.

9.02.750    Neglect of a child or dependent person.

9.02.760    Offenses against police dogs.

9.02.770    Provoking assault.

9.02.780    Menacing.

9.02.790    Definitions.

9.02.800    Lewd conduct.

9.02.810    Facilitating lewd conduct.

9.02.820    Prostitution loitering.

9.02.830    Stay out of areas of prostitution orders.

9.02.840    Urinating in public.

9.02.850    Possession of drug paraphernalia.

9.02.860    Contaminated property – Order of Seattle-King County department of public health prohibiting use or entry – Violation.

9.02.870    Sale, manufacture, possession of certain weapons.

9.02.880    Possession of firearms or dangerous weapons at Kent Commons – Unlawful.

9.02.890    Non-incendiary devices.

9.02.900    Hobby cannon fuse material – Sale transaction – Written record required.

9.02.910    Violation of no contact order also contempt.

9.02.920    Probation violations.

9.02.930    Court costs – Jail medical costs.

9.02.940    Violations – Penalty.

 

9.02.010 Preliminary article.

A. This chapter shall be known and may be cited as the “Kent criminal code.”

B. As used in this chapter, “RCW” shall mean the Revised Code of Washington.

C. If any section, subsection, sentence, or provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the section, subsection, sentence, or provision to other persons or circumstances is not affected, and to this end, the sections, subsections, sentences, and provisions of this chapter are declared to be severable.

D. By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes that are committed within the city limits of Kent. Whenever the word “state” shall appear in any statute adopted by reference in this chapter, the word “city” shall be substituted therefor; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances that set forth administrative or licensing duties of the state and its subdivisions.

E. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter.

F. Any section of this chapter that is repealed or amended by ordinance shall remain in full force and effect until the effective date of the ordinance repealing or amending the section. Any state statute that is adopted by reference which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted in this chapter shall be given its full force and effect upon the effective date of its amendment or recodification.

G. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this chapter, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number.

H. A copy of all statutes adopted by reference for application and enforcement within the city limits of Kent are available online for public viewing through the Washington State Legislature’s website at: http://app.leg.wa.gov/rcw/. Physical copies of these statutes are also maintained by the city clerk and available for public inspection during the regular business hours of the city clerk’s office.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16)

9.02.020 Adoption of sections of Revised Code of Washington not specifically set forth in KCC 9.02.030 through 9.02.620.

A. With the exception of the RCW sections set forth in subsection (C) of this section, and notwithstanding the RCW sections that are specifically adopted by reference in KCC 9.02.030 through 9.02.620, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, adjudication, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors, or necessary for the definition or interpretation of terms used therein, are hereby adopted by reference as currently enacted or as hereafter enacted, amended, or recodified from time to time, and shall be given the same force and effect as if set forth herein in full.

B. All class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the provisions of subsection (A) of this section and KCC 9.02.010.

C. The following RCW sections are not adopted by the city of Kent:

RCW

9.91.025    Unlawful transit conduct.

9A.76.020    Obstructing a law enforcement officer.

9A.76.130    Escape in the third degree.

9A.84.030    Disorderly conduct.

18.108.010    Massage practitioners – Definitions.

18.108.030    Massage practitioners – Licensure or certification required.

18.108.035    Massage practitioners – Unlicensed practice – Penalties.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16)

9.02.030 Session laws not yet codified.

As the Washington State Legislature adopts new laws, those new laws occasionally become effective before the state’s Office of the Code Reviser is able to codify those new laws into the RCW. Accordingly, the following session laws, as currently enacted or as later amended or codified, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

None.

(Ord. No. 3692, § 1, 6-1-04; Ord. No. 4195, § 1, 4-19-16. Formerly 9.20.025)

9.02.040 RCW Title 2, entitled “Courts of Record” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

2.36.010    Definitions.

2.36.165    Leave of absence from employment to be provided – Denial of promotional opportunities prohibited – Penalty – Civil action.

2.36.170    Failure of juror to appear – Penalty.

2.48.180    Definitions – Unlawful practice a crime – Cause for discipline – Unprofessional conduct – Defense – Injunction – Remedies – Costs – Attorneys’ fees – Time limit for action.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.030)

9.02.050 RCW Title 7, entitled “Special Proceedings and Actions” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

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.

7.21.070    Appellate review.

7.80.120    Monetary penalties – Restitution.

7.80.150    Notices – Record of – Cancellation prohibited, penalty – Audit.

7.80.160    Failure to exercise notice options – Failure to satisfy penalty.

7.84.060    Response to notice – Contesting determination – Mitigating circumstances – Hearing – Failure to respond or appear – Penalty.

7.84.100    Monetary penalties.

7.84.130    Failure to pay or complete community restitution – Penalty.

7.90.090    Burden of proof – Issuance of protection order – Remedies – Violations.

7.90.110    Ex parte temporary sexual assault protection orders – Issuance.

7.92.120    Ex parte temporary order for protection – Issuance.

7.92.160    Court-initiated stalking no-contact orders.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.040)

9.02.060 RCW Title 9, entitled “Crimes and Punishments” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

9.01.055    Citizen immunity if aiding officer, scope – When.

9.01.110    Omission, when not punishable.

9.01.130    Sending letter, when complete.

9.02.050    Concealing birth.

9.02.120    Unauthorized abortions – Penalty.

9.02.130    Defenses to prosecution.

9.02.170    Definitions.

9.03.010    Abandoning, discarding refrigeration equipment.

9.03.020    Permitting unused equipment to remain on premises.

9.03.030    Violation of RCW 9.03.010 or 9.03.020.

9.03.040    Keeping or storing equipment for sale.

9.04.010    False advertising.

9.04.040    Advertising cures of lost sexual potency – Evidence.

9.04.050    False, misleading, deceptive advertising.

9.04.070    False, misleading, deceptive advertising – Penalty.

9.04.090    Advertising fuel prices by service stations.

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

9.08.065    Definitions.

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

9.08.072    Transferring stolen pet animal to a research institution – Penalty.

9.08.074    Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution – Penalty.

9.08.076    Transferring stolen pet animal to a research institution by a U.S.D.A. licensed dealer – Penalty.

9.08.078    Illegal sale, receipt, or transfer of pet animals – Separate offenses.

9.08.090    Acts against animal facilities.

9.12.010    Barratry.

9.12.020    Buying, demanding, or promising reward by district judge or deputy.

9.16.005    Definitions.

9.16.010    Removing lawful brands.

9.16.020    Imitating lawful brand.

9.16.030    Counterfeit mark – Intellectual property.

9.16.035    Counterfeiting – Penalties.

9.16.041    Counterfeit items – Seizure and forfeiture.

9.16.050    When deemed affixed.

9.16.060    Fraudulent registration of trademark.

9.16.070    Form and similitude defined.

9.16.080    Petroleum products improperly labeled or graded.

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

9.16.110    Use of 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.

9.18.080    Offender a competent witness.

9.18.120    Suppression of competitive bidding.

9.18.130    Collusion to prevent competitive bidding – Penalty.

9.18.150    Agreements outside state.

9.24.010    Fraud in stock subscription.

9.24.040    Corporation doing business without license.

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.

9.26A.140    Unauthorized sale or procurement of telephone records – Penalties – Definitions.

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

9.35.005    Definitions.

9.35.010    Improperly obtaining financial information.

9.35.020    Identity theft.

9.35.030    Soliciting undesired mail.

9.38.010    False representation concerning credit.

9.38.015    False statement by deposit account applicant.

9.38.020    False representation concerning title.

9.38.060    Digital signature violations.

9.40.040    Operating engine or boiler without spark arrester.

9.40.100    Tampering with fire alarm or fire fighting equipment – False alarm – Penalties.

9.41.010    Terms defined.

9.41.040    Unlawful possession of firearms – Ownership, possession by certain persons – Penalty.

9.41.050    Carrying firearms.

9.41.060    Exceptions to restrictions on carrying firearms.

9.41.070    Concealed pistol license – Application – Fee – Renewal.

9.41.080    Delivery to ineligible persons.

9.41.090    Dealer deliveries regulated – Hold on delivery.

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.

9.41.113    Firearm sales or transfers – Background checks – Requirements – Exceptions.

9.41.115    Penalties – Violations of RCW 9.41.113.

9.41.120    Firearms as loan security.

9.41.140    Alteration of identifying marks – Exceptions.

9.41.171    Alien possession of firearms – Requirements – Penalty.

9.41.173    Alien possession of firearms – Alien firearm license – Political subdivisions may not modify requirements – Penalty for false statement.

9.41.175    Alien possession of firearms – Possession without license – Conditions.

9.41.190    Unlawful firearms – Exceptions.

9.41.220    Unlawful firearms and parts contraband.

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.

9.41.251    Dangerous weapons – Application of restrictions to law enforcement, firefighting, rescue, and military personnel.

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.

9.41.290    State preemption.

9.41.300    Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.

9.41.335    Failure to register as felony firearm offender.

9.41.800    Surrender of weapons or licenses – Prohibition on future possession or licensing.

9.41.810    Penalty.

9.44.080    Misconduct in signing a petition.

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.

9.45.160    Fraud in liquor warehouse receipts.

9.45.170    Penalty.

9.45.210    Altering sample or certificate of assay.

9.45.220    Making false sample or assay of ore.

9.45.260    Fire protection sprinkler system contractors – Wrongful acts.

9.45.270    Fraudulent filing of vehicle report of sale.

9.46.0201    “Amusement game.”

9.46.0205    “Bingo.”

9.46.0209    “Bona fide charitable or nonprofit organization.”

9.46.0213    “Bookmaking.”

9.46.0217    “Commercial stimulant.”

9.46.0221    “Commission.”

9.46.0225    “Contest of chance.”

9.46.0229    “Fishing derby.”

9.46.0233    “Fund-raising event.”

9.46.0237    “Gambling.”

9.46.0241    “Gambling device.”

9.46.0245    “Gambling information.”

9.46.0249    “Gambling premises.”

9.46.0253    “Gambling record.”

9.46.0257    “Lottery.”

9.46.0261    “Member,” “bona fide member.”

9.46.0265    “Player.”

9.46.0269    “Professional gambling.”

9.46.0273    “Punchboards,” “pull-tabs.”

9.46.0277    “Raffle.”

9.46.0282    “Social card game.”

9.46.0285    “Thing of value.”

9.46.0289    “Whoever,” “person.”

9.46.170    False or misleading entries or statements, refusal to produce records.

9.46.185    Causing person to violate rule or regulation.

9.46.190    Violations relating to fraud or deceit.

9.46.195    Obstruction of public servant – Penalty.

9.46.196    Cheating – Defined.

9.46.1961    Cheating in the first degree.

9.46.1962    Cheating in the second degree.

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

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

9.46.217    Gambling records – Penalty – Exceptions.

9.46.221    Professional gambling in the second degree.

9.46.222    Professional gambling in the third degree.

9.46.228    Gambling activities by persons under age eighteen prohibited – Penalties – Jurisdiction – In-house controlled purchase programs authorized.

9.46.240    Gambling information, transmitting or receiving.

9.47.080    Bucket shop defined.

9.47.090    Maintaining bucket shop – Penalty.

9.47.100    Written statement to be furnished – Presumption.

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.

9.51.010    Misconduct of officer drawing jury.

9.51.020    Soliciting jury duty.

9.51.030    Misconduct of officer in charge of jury.

9.51.040    Grand juror acting after challenge allowed.

9.51.050    Disclosing transaction of grand jury.

9.51.060    Disclosure of deposition returned by grand jury.

9.55.020    Witness refusing to attend legislature or committee or to testify.

9.61.190    Carrier or racing pigeons – Injury to.

9.61.200    Carrier or racing pigeons – Removal or alteration of identification.

9.61.230    Telephone harassment.

9.61.240    Telephone harassment – Permitting telephone to be used.

9.61.250    Telephone harassment – Offense, where deemed committed.

9.61.260    Cyberstalking.

9.62.010    Malicious prosecution.

9.62.020    Instituting suit in name of another.

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.

9.68.015    Obscene literature, shows, etc. – Exemptions.

9.68.030    Indecent articles, etc.

9.68.050    “Erotic material” – Definitions.

9.68.060    “Erotic material” – Determination by court – Labeling – Penalties.

9.68.070    Prosecution for violation of RCW 9.68.060 – Defense.

9.68.080    Unlawful acts.

9.68.100    Exceptions to RCW 9.68.050 through 9.68.120.

9.68.110    Motion picture operator or projectionist exempt, when.

9.68.130    “Sexually explicit material” – Defined – Unlawful display.

9.68.140    Promoting pornography – Class C felony – Penalties.

9.68A.011    Definitions.

9.68A.050    Dealing in depictions of minor engaged in sexually explicit conduct.

9.68A.060    Sending, bringing into state depictions of minor engaged in sexually explicit conduct.

9.68A.070    Possession of depictions of minor engaged in sexually explicit conduct.

9.68A.075    Viewing depictions of a minor engaged in sexually explicit conduct.

9.68A.080    Processors of depictions of minor engaged in sexually explicit conduct – Civil immunity.

9.68A.090    Communication with minor for immoral purposes – Penalties.

9.68A.102    Promoting travel for commercial sexual abuse of a minor – Penalty – Consent of minor does not constitute defense.

9.68A.103    Permitting commercial sexual abuse of a minor – Penalty – Consent of minor does not constitute defense.

9.68A.110    Certain defenses barred, permitted.

9.68A.120    Seizure and forfeiture of property.

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

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

9.72.090    Committal of witness – Detention of documents.

9.73.010    Divulging telegram.

9.73.020    Opening sealed letter.

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

9.73.050    Admissibility of intercepted communication in evidence.

9.73.070    Persons and activities excepted from chapter.

9.73.080    Penalties.

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.

9.73.110    Intercepting, recording, or disclosing private communications – Not unlawful for building owner – Conditions.

9.73.230    Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor – Conditions – Written reports required – Judicial review – Notice – Admissibility – Penalties.

9.73.260    Pen registers, trap and trace devices.

9.81.010    Definitions.

9.81.030    Membership in subversive organization is felony – Penalty.

9.81.110    Misstatements are punishable as perjury – Penalty.

9.86.010    “Flag,” etc., defined.

9.86.020    Improper use of flag prohibited.

9.86.030    Desecration of flag.

9.91.010    Denial of civil rights – Terms defined.

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

9.91.060    Leaving children unattended in a parked automobile.

9.91.130    Disposal of trash in charity donation receptacle.

9.91.140    Food stamps – Unlawful sale.

9.91.142    Food stamps – Trafficking.

9.91.144    Food stamps – Unlawful redemption.

9.91.150    Tree spiking.

9.91.160    Personal protection spray devices.

9.91.170    Interfering with dog guide or service animal.

9.91.175    Interfering with search and rescue dog.

9.91.180    Violent video or computer games.

9.92.020    Punishment of gross misdemeanor when not fixed by statute.

9.92.030    Punishment of misdemeanor when not fixed by statute.

9.92.040    Punishment for contempt.

9.92.080    Sentence on two or more convictions or counts.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 2, 6-1-04; Ord. No. 3877, § 1, 4-1-08; Ord. No. 3888, § 1, 8-19-08; Ord. No. 3954, § 1, 5-18-10; Ord. No. 4195, § 1, 4-19-16)

9.02.070 RCW Title 9A, entitled “Washington Criminal Code” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

9A.04.020    Purposes – Principles of construction.

9A.04.030    State criminal jurisdiction.

9A.04.040    Classes of crimes.

9A.04.050    People capable of committing crimes – Capability of children.

9A.04.060    Common law to supplement statute.

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.

9A.08.010    General requirements of culpability.

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

9A.08.030    Corporate and personal liability.

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 premises for investigation – “Reasonable grounds” as defense.

9A.16.090    Intoxication.

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

9A.16.120    Outdoor music festival, campground – Detention.

9A.20.010    Classification and designation of crimes.

9A.20.021    Maximum sentences for crimes committed July 1, 1984, and after.

9A.20.030    Alternative to a fine – Restitution.

9A.28.020    Criminal attempt.

9A.28.030    Criminal solicitation.

9A.28.040    Criminal conspiracy.

9A.36.031    Assault in the third degree.

9A.36.041    Assault in the fourth degree.

9A.36.050    Reckless endangerment.

9A.36.060    Promoting a suicide attempt.

9A.36.070    Coercion.

9A.36.080    Malicious harassment – Definition and criminal penalty.

9A.36.100    Custodial assault.

9A.36.140    Assault of a child in the third degree.

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

9A.36.160    Failing to summon assistance.

9A.36.161    Failing to summon assistance – Penalty.

9A.40.010    Definitions.

9A.40.040    Unlawful imprisonment.

9A.40.060    Custodial interference in the first degree.

9A.40.070    Custodial interference in the second degree.

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

9A.40.090    Luring.

9A.40.110    Coercion of involuntary servitude.

9A.42.010    Definitions.

9A.42.030    Criminal mistreatment in the second degree.

9A.42.035    Criminal mistreatment in the third degree.

9A.42.037    Criminal mistreatment in the fourth degree.

9A.42.040    Withdrawal of life support systems.

9A.42.045    Palliative care.

9A.42.050    Defense of financial inability.

9A.42.070    Abandonment of a dependent person in the second degree – Exception.

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

9A.42.090    Abandonment of a dependent person – Defense.

9A.42.110    Leaving a child in the care of a sex offender.

9A.44.010    Definitions.

9A.44.020    Testimony – Evidence – Written motion – Admissibility.

9A.44.030    Defenses to prosecution under this chapter.

9A.44.060    Rape in the third degree.

9A.44.079    Rape of a child in the third degree.

9A.44.089    Child molestation in the third degree.

9A.44.093    Sexual misconduct with a minor in the first degree.

9A.44.096    Sexual misconduct with a minor in the second degree.

9A.44.105    Sexually violating human remains.

9A.44.115    Voyeurism.

9A.44.120    Admissibility of child’s statement – Conditions.

9A.44.128    Definitions applicable to RCW 9A.44.130 through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and 72.09.330.

9A.44.130    Registration of sex offenders and kidnapping offenders – Procedures – Definition – Penalties.

9A.44.132    Failure to register as sex offender or kidnapping offender – Refusal to provide DNA.

9A.44.150    Testimony of child by closed-circuit television.

9A.44.160    Custodial sexual misconduct in the first degree.

9A.44.170    Custodial sexual misconduct in the second degree.

9A.44.180    Custodial sexual misconduct – Defense.

9A.44.190    Criminal trespass against children – Definitions.

9A.44.193    Criminal trespass against children – Covered entities.

9A.44.196    Criminal trespass against children.

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.46.085    Stalking no-contact orders – Appearance before magistrate required.

9A.46.090    Nonliability of peace officer.

9A.46.100    “Convicted,” time when.

9A.46.110    Stalking.

9A.46.120    Criminal gang intimidation.

9A.48.010    Definitions.

9A.48.040    Reckless burning in the first degree.

9A.48.050    Reckless burning in the second degree.

9A.48.060    Reckless burning – Defense.

9A.48.080    Malicious mischief in the second degree.

9A.48.090    Malicious mischief in the third degree.

9A.48.100    Malicious mischief – “Physical damage” defined.

9A.48.105    Criminal street gang tagging and graffiti.

9A.48.110    Defacing a state monument.

9A.49.001    Findings.

9A.49.010    Definitions.

9A.49.020    Unlawful discharge of a laser in the first degree.

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

9A.49.040    Civil infraction, when.

9A.49.050    Exclusions.

9A.50.010    Definitions.

9A.50.020    Interference with health care facility.

9A.50.030    Penalty.

9A.50.060    Informational picketing.

9A.52.010    Definitions.

9A.52.050    Other crime in committing burglary punishable.

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.52.095    Vehicle prowling in the first degree.

9A.52.100    Vehicle prowling in the second degree.

9A.52.110    Computer trespass in the first degree.

9A.52.120    Computer trespass in the second degree.

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

9A.56.010    Definitions.

9A.56.020    Theft – Definition, defense.

9A.56.040    Theft in the second degree.

9A.56.050    Theft in the third degree.

9A.56.060    Unlawful issuance of checks or drafts.

9A.56.063    Making or possessing motor vehicle theft tools.

9A.56.075    Taking motor vehicle without permission in the second degree.

9A.56.083    Theft of livestock in the second degree.

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

9A.56.100    Theft and larceny equated.

9A.56.110    Extortion – Definition.

9A.56.130    Extortion in the second degree.

9A.56.140    Possessing stolen property – Definition – Presumption.

9A.56.160    Possessing stolen property in the second degree – Other than firearm or motor vehicle.

9A.56.170    Possessing 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.56.262    Theft of telecommunication services.

9A.56.264    Unlawful manufacture of telecommunication device.

9A.56.266    Unlawful sale of telecommunication device.

9A.56.270    Shopping cart theft.

9A.56.280    Credit, debit cards, checks, etc. – Definitions.

9A.56.290    Credit, payment cards – Unlawful factoring of transactions.

9A.56.320    Financial fraud – Unlawful possession, production of instruments of.

9A.56.330    Possession of another’s identification.

9A.56.340    Theft with the intent to resell.

9A.56.350    Organized retail theft.

9A.56.360    Retail theft with special circumstances.

9A.56.370    Mail theft.

9A.56.380    Possession of stolen mail.

9A.56.390    Mail theft – Possession of stolen mail – Commission of other crime.

9A.58.010    Definitions.

9A.58.020    Possessing, or reading or capturing, information contained on another person’s identification document – Exceptions.

9A.60.010    Definitions.

9A.60.020    Forgery.

9A.60.030    Obtaining a signature by deception or duress.

9A.60.040    Criminal impersonation in the first degree.

9A.60.045    Criminal impersonation in the second degree.

9A.60.050    False certification.

9A.60.060    Fraudulent creation or revocation of a mental health advance directive.

9A.60.070    False academic credentials – Unlawful issuance or use – Definitions – Penalties.

9A.61.010    Definitions.

9A.61.020    Defrauding a public utility.

9A.61.040    Defrauding a public utility in the second degree.

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

9A.61.060    Restitution and costs.

9A.64.010    Bigamy.

9A.64.020    Incest.

9A.64.030    Child selling – Child buying.

9A.68.020    Requesting unlawful compensation.

9A.68.030    Receiving or granting unlawful compensation.

9A.68.040    Trading in public office.

9A.68.050    Trading in special influence.

9A.72.010    Definitions.

9A.72.030    Perjury in the second degree.

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.72.085    Unsworn statements, certification – Standards for subscribing to an unsworn statement.

9A.72.120    Tampering with a witness.

9A.72.140    Jury tampering.

9A.72.150    Tampering with physical evidence.

9A.76.010    Definitions.

9A.76.023    Disarming a law enforcement or corrections officer.

9A.76.025    Disarming a law enforcement or corrections officer – Commission of another crime.

9A.76.027    Law enforcement or corrections officer engaged in criminal conduct.

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

9A.76.040    Resisting arrest.

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

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.76.150    Introducing contraband in the second 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.

9A.76.177    Amber alert – Making a false or misleading statement to a public servant.

9A.76.200    Harming a police dog, accelerant detection dog, or police horse – Penalty.

9A.80.010    Official misconduct.

9A.82.010    Definitions.

9A.82.045    Collection of unlawful debt.

9A.82.055    Trafficking in stolen property in the second degree.

9A.82.070    Influencing outcome of sporting event.

9A.82.080    Use of proceeds of criminal profiteering – Controlling enterprise or realty – Conspiracy or attempt.

9A.82.100    Remedies and procedures.

9A.82.120    Criminal profiteering lien – Authority, procedures.

9A.82.130    Criminal profiteering lien – Trustee of real property.

9A.82.160    Criminal profiteering lien – Trustee’s failure to comply, evasion of procedures or lien.

9A.82.170    Financial institution records – Inspection and copying – Wrongful disclosure.

9A.84.010    Criminal mischief.

9A.84.020    Failure to disperse.

9A.84.040    False reporting.

9A.86.010    Disclosing intimate images

9A.88.010    Indecent exposure.

9A.88.030    Prostitution.

9A.88.040    Prosecution for prostitution under RCW 9A.88.030 – Affirmative defense.

9A.88.050    Prostitution – Sex of parties immaterial – No defense.

9A.88.060    Promoting prostitution – Definitions.

9A.88.080    Promoting prostitution in the second degree.

9A.88.085    Promoting travel for prostitution.

9A.88.090    Permitting prostitution.

9A.88.110    Patronizing a prostitute.

9A.88.120    Additional fee assessments.

9A.88.130    Additional requirements.

9A.88.140    Vehicle impoundment – Fees – Fines.

9A.88.150    Seizure and forfeiture.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 3, 6-1-04; Ord. No. 3878, § 1, 4-15-08; Ord. No. 4129, § 1, 11-18-14; Ord. No. 4195, § 1, 4-19-16)

9.02.080 RCW Title 10, entitled “Criminal Procedure” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

10.01.070    Corporations – Amenable to criminal process – How.

10.01.090    Corporations – Judgment against.

10.01.100    Corporations – Penalties – Fines in lieu of other punishments.

10.01.180    Fine or costs – Default in payment – Contempt of court – Enforcement, collection procedures.

10.14.120    Disobedience of order – Penalties.

10.14.170    Criminal penalty.

10.31.030    Service – How – Warrant not in possession, procedure – Bail.

10.31.040    Officer may break and enter.

10.31.050    Officer may use force.

10.31.060    Arrest by telegraph or teletype.

10.31.100    Arrest without warrant.

10.31.110    Arrest – Individuals with mental disorders.

10.66.010    Definitions.

10.66.020    When order may be issued.

10.66.040    Ex parte temporary order – Hearing – Notice.

10.66.050    Additional relief – PADT area.

10.66.090    Penalties.

10.66.100    Additional penalties.

10.66.110    Jurisdiction.

10.66.120    Venue.

10.79.040    Search without warrant unlawful – Penalty.

10.88.290    Rights of person arrested.

10.88.300    Delivery of person in violation of RCW 10.88.290 – Penalty.

10.99.010    Purpose – Intent.

10.99.020    Definitions.

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

10.99.040    Duties of court – No-contact order.

10.99.045    Appearances by defendant – Defendant’s history – No-contact order.

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

10.99.055    Enforcement of orders.

10.99.060    Prosecutor’s notice to victim – Description of available procedures.

10.99.070    Liability of peace officers.

10.99.080    Penalty assessment (as amended by 2015 c 275).

10.99.100    Sentencing – Factors – Defendant’s criminal history.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16)

9.02.090 Chapter 13.32A RCW, entitled “Family Reconciliation Act” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

13.32A.080    Unlawful harboring of a minor – Penalty – Defense – Prosecution of adult for involving child in commission of offense.

13.32A.082    Providing shelter to minor – Requirement to notify parent, law enforcement, or department.

13.32A.084    Providing shelter to minor – Immunity from liability.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16)

9.02.100 RCW Title 16, entitled “Animals and Livestock” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

16.36.116    Civil infraction – Live nonambulatory livestock – Monetary penalty – Authorization by director – Issuance of notices – Enforcement.

16.52.011    Definitions – Principles of liability.

16.52.015    Enforcement – Law enforcement agencies and animal care and control agencies.

16.52.080    Transporting or confining in unsafe manner – Penalty.

16.52.085    Removal of animals for feeding – Examination – Notice – Euthanasia.

16.52.090    Docking horses – Misdemeanor.

16.52.095    Cutting ears – Misdemeanor.

16.52.100    Confinement without food and water – Intervention by others.

16.52.110    Old or diseased animals at large.

16.52.117    Animal fighting – Prohibited behavior – Class C felony – Exceptions.

16.52.165    Punishment – Conviction of misdemeanor.

16.52.180    Limitations on application of chapter.

16.52.185    Exclusions from chapter.

16.52.190    Poisoning animals – Penalty.

16.52.193    Poisoning animals – Strychnine sales – Records – Report on suspected purchases.

16.52.200    Sentences – Forfeiture of animals – Liability for cost –Penalty – Education, counseling.

16.52.205    Animal cruelty in the first degree.

16.52.207    Animal cruelty in the second degree – Penalty.

16.52.210    Destruction of animal by law enforcement officer – Immunity from liability.

16.52.225    Nonambulatory livestock – Transporting or accepting delivery – Gross misdemeanor – Definition.

16.52.300    Dogs or cats used as bait – Seizure – Limitation.

16.52.305    Unlawful use of hook – Gross misdemeanor.

16.52.310    Dog breeding – Limit on the number of dogs – Required conditions – Penalty – Limitation of section – Definitions.

16.52.320    Maliciously killing or causing substantial bodily harm to livestock belonging to another – Penalty.

16.52.330    Veterinarians – Animal cruelty – Liability immunity.

16.52.340    Leave or confine any animal in unattended motor vehicle or enclosed space – Class 2 civil infraction – Officers’ authority to reasonably remove animal.

16.57.010    Definitions.

16.57.120    Removal or alteration of brand – Penalty.

16.57.260    Removal of cattle or horses from state – Inspection certificate required.

16.57.267    Failure to present animal for inspection.

16.57.270    Unlawful to refuse assistance in establishing identity and ownership of livestock.

16.57.280    Possession of cattle or horse marked with another’s brand – Penalty.

16.57.405    Microchip in a horse – Removal with intent to defraud – Gross misdemeanor.

16.57.440    Unlawful transport or delivery of cattle or horses.

16.58.170    General penalties – Subsequent offenses.

16.65.440    Penalty.

16.70.050    Violations – Penalty.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 4, 6-1-04; Ord. No. 3954, § 2, 5-18-10; Ord. No. 4195, § 1, 4-19-16)

9.02.110 Chapter 17.04 RCW, entitled “Weed districts” – Adoption by reference.

The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

17.04.280    Officials of district may enter lands – Penalty for prevention.

(Ord. No. 4195, § 1, 4-19-16)

9.02.120 RCW Title 19, entitled “Business Regulations – Miscellaneous” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

19.06.010    Labels – Contents – Requirements – Prohibited acts.

19.06.030    Advertising limitations.

19.06.040    Penalty.

19.25.010    Definitions.

19.25.020    Reproduction of sound without consent of owner unlawful – Fine and penalty.

19.25.030    Use of recording of live performance without consent of owner unlawful – Fine and penalty.

19.25.040    Failure to disclose origin of certain recordings unlawful – Fine and penalty.

19.25.050    Contraband recordings – Disposition, forfeiture, penalty.

19.25.100    Truth in music advertising.

19.25.800    Chapter not applicable to broadcast by commercial or educational radio or television.

19.25.810    Chapter not applicable to certain nonrecorded broadcast use.

19.25.820    Chapter not applicable to defined public record.

19.27A.080    Definitions.

19.27A.090    Portable oil-fueled heaters – Sales and use – Approval required.

19.27A.100    Portable oil-fueled heaters – Requirements for approval.

19.27A.110    Portable oil-fueled heaters – Jurisdiction over approval – Sale and use governed exclusively.

19.27A.120    Violations – Penalty.

19.48.010    Definitions.

19.48.110    Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud – Penalty.

19.60.010    Definitions.

19.60.025    Duty to record information – Precious metal property.

19.60.042    Report to chief law enforcement officer – Precious metal dealers.

19.60.057    Retention of precious metal property – Inspection.

19.60.066    Prohibited acts – Penalty.

19.60.067    Secondhand precious metal dealers – Prohibited acts – Penalty.

19.60.077    Precious metal dealers – Licensure required.

19.60.085    Exemptions.

19.60.095    Precious metal sales – Hosted home parties.

19.68.010    Rebating prohibited – Disclosure – List of alternative facilities.

19.76.100    Labels on bottles, etc. – Filing – Publication.

19.76.110    Refilling bottles, etc. – Forbidden.

19.76.120    Refilling bottles, etc. – Possession as evidence.

19.76.130    Refilling bottles, etc. – Penalty.

19.83.010    License required to use or furnish trading stamps, coupons, or similar devices.

19.83.020    Issuance of license – Fee.

19.83.030    Furnishing or selling trading stamps, coupons, or similar devices geographically limited.

19.83.040    Coupons or similar devices – Exemptions.

19.83.050    Penalty.

19.84.010    Redeemable cash value to be printed on face.

19.84.020    Must redeem at cash value.

19.84.030    Distributor liable.

19.84.040    Criminal penalty.

19.192.010    Identification cards – Distinguishing official and not official proofs of identification – Penalties.

19.194.010    Recordkeeping by retail establishments – Contents – Inspection – Definitions.

19.194.030    Prohibited acts – Gross misdemeanor.

19.194.040    Application.

19.210.010    Definitions.

19.210.020    Prohibited sales.

19.210.030    Chapter not applicable – Trade show, certain persons.

19.210.040    Penalties.

19.235.010    Motion picture – Unauthorized recording – Penalty.

19.290.010    Definitions.

19.290.020    Nonferrous metal property – Records required.

19.290.030    Metal property and metallic wire – Requirements for transactions.

19.290.040    Scrap metal businesses – Record of commercial accounts.

19.290.050    Reports to law enforcement – Records exempt from public disclosure – Private civil liability.

19.290.070    Violations – Penalty.

19.290.090    Exemptions from chapter.

19.290.100    Scrap metal license – Penalties.

19.290.110    Scrap metal license – Application, renewal – Required information.

19.290.120    Scrap metal license application – Department of licensing to issue license – Display of certificate.

19.290.230    Seizure and forfeiture.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3877, § 2, 4-15-08; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.110, 9.02.115)

9.02.130 Chapter 20.01 RCW, entitled “Agricultural products – Commission merchants, dealers, brokers, buyers, agents” – Adoption by reference.

The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

20.01.460    Prohibited acts – Penalties.

(Ord. No. 4195, § 1, 4-19-16)

9.02.140 Chapter 22.32 RCW, entitled “General penalties” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

22.32.010    Warehouse operator or carrier refusing to issue receipt.

22.32.020    Fictitious bill of lading and receipt.

22.32.030    Fraudulent tampering with or mixing goods.

22.32.040    Issuance of second receipt not marked “duplicate.”

22.32.050    Delivery of goods without taking up receipt.

(Ord. No. 4195, § 1, 4-19-16)

9.02.150 RCW Title 26, entitled “Domestic Relations” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

26.04.110    Penalty for failure to deliver certificates.

26.04.240    Penalty for unlawful solemnization – Code 1881.

26.04.250    Penalty for unlawful solemnization – 1909 c 249.

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

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

26.20.030    Family abandonment – Penalty – Exception.

26.20.035    Family nonsupport – Penalty – Exception.

26.20.071    Evidence – Spouse or domestic partner as witness.

26.20.080    Proof of wilfulness – Application of penalty provisions.

26.26.138    Restraining order – Knowing violation – Penalty – Law enforcement immunity.

26.26.210    Surrogate parenting – Definitions.

26.26.220    Surrogate parenting – Persons excluded from contracting.

26.26.230    Surrogate parenting – Compensation prohibited.

26.26.240    Surrogate parenting – Contract for compensation void.

26.26.250    Surrogate parenting – Provisions violated – Penalty.

26.26.450    Confidentiality of genetic testing – Penalty.

26.28.060    Child labor – Penalty.

26.28.070    Certain types of employment prohibited – Penalty.

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

26.28.085    Applying tattoo to a minor – Penalty.

26.33.370    Permanent care and custody of a child – Assumption, relinquishment, or transfer except by court order or statute, when prohibited – Penalty.

26.34.010    Compact enacted – Provisions.

26.34.030    “Appropriate public authorities” defined.

26.34.040    “Appropriate authority of the receiving state” defined.

26.34.070    “Executive head” defined – Compact administrator.

26.34.080    Violations – Penalty.

26.44.015    Limitations of chapter.

26.44.020    Definitions.

26.44.030    Reports – Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Investigations – Interviews of children – Records – Risk assessment process.

26.44.040    Reports – Oral, written – Contents.

26.44.060    Immunity from civil or criminal liability – Confidential communications not violated – Actions against state not affected – False report, penalty.

26.44.063    Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order.

26.44.067    Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty.

26.44.080    Violation – Penalty.

26.44.150    Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child – Penalty for violating court order.

26.50.010    Definitions.

26.50.110    Violation of order – Penalties.

26.50.120    Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Costs and attorney’s fee.

26.50.140    Peace officers – Immunity.

26.50.250    Disclosure of information.

26.52.010    Definitions.

26.52.020    Foreign protection orders – Validity.

26.52.050    Peace officer immunity.

26.52.070    Violation of foreign orders – Penalties.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.120)

9.02.160 RCW Title 27, entitled “Libraries, Museums, and Historical Activities” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

27.12.010    Definitions.

27.12.330    Penalty for injury to property.

27.12.340    Wilfully retaining books – Infraction.

27.44.040    Protection of Indian graves – Penalty.

27.44.055    Skeletal human remains – Duty to notify – Ground disturbing activities – Coroner determination – Definitions.

27.53.030    Definitions.

27.53.040    Archaeological resources – Declaration.

27.53.045    Abandoned archaeological resources – Declaration.

27.53.060    Disturbing archaeological resource or site – Permit required – Conditions – Exceptions – Penalty.

27.53.090    Violations – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.170 Chapter 28A.635 RCW, entitled “Offenses relating to school property and personnel” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

28A.635.010    Abusing or insulting teachers, liability for – Penalty.

28A.635.020    Willfully disobeying school administrative personnel or refusing to leave public property, violations, when – Penalty.

28A.635.030    Disturbing school, school activities or meetings – Penalty.

28A.635.040    Examination questions – Disclosing – Penalty.

28A.635.050    Certain corrupt practices of school officials – Penalty.

28A.635.070    Property, failure of officials or employees to account for – Mutilation by – Penalties.

28A.635.090    Interference by force or violence – Penalty.

28A.635.100    Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful – Penalty.

28A.635.110    Violations under RCW 28A.635.090 and 28A.635.100 – Disciplinary authority exception.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 5, 6-1-04; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.130)

9.02.180 Chapter 29A.84 RCW, entitled “Crimes and penalties” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

29A.84.020    Violations by officers.

29A.84.040    Political advertising, removing or defacing.

29A.84.050    Tampering with registration form, ballot declaration.

29A.84.110    Officials’ violations.

29A.84.120    Disenfranchisement or discrimination.

29A.84.130    Voter violations.

29A.84.140    Unqualified registration.

29A.84.150    Misuse, alteration of registration database.

29A.84.210    Violations by officers.

29A.84.220    Violations – Corrupt practices – Recall petitions.

29A.84.230    Violations by signers – Initiative, referendum petitions – Penalty.

29A.84.240    Violations by signers, officers – Recall petitions – Penalty.

29A.84.250    Violations – Corrupt practices – Initiative, referendum petitions.

29A.84.261    Petitions – Improperly signing.

29A.84.311    Candidacy declarations, nominating petitions.

29A.84.410    Unlawful appropriation, printing, or distribution.

29A.84.420    Unauthorized examination of ballots, election materials – Revealing information.

29A.84.510    Acts prohibited in voting center – Prohibited practices.

29A.84.520    Electioneering at voting center or ballot drop location by election officers forbidden.

29A.84.530    Refusing to leave voting booth.

29A.84.540    Ballots – Removing from voting center or ballot drop location.

29A.84.545    Paper record from direct recording electronic voting device – Removing from voting center.

29A.84.550    Tampering with materials.

29A.84.560    Voting machines, devices – Tampering with – Extra keys.

29A.84.610    Deceptive, incorrect vote recording.

29A.84.620    Hindering or bribing voter.

29A.84.630    Influencing voter to withhold vote.

29A.84.640    Solicitation of bribe by voter.

29A.84.650    Repeaters.

29A.84.655    Tabulation of invalid ballots.

29A.84.660    Unqualified persons voting.

29A.84.680    Ballots – Violation.

29A.84.711    Documents regarding nomination, election, candidacy – Frauds and falsehoods.

29A.84.720    Officers – Violations generally.

29A.84.730    Divulging ballot count.

(Ord. No. 4195, § 1, 4-19-16)

9.02.190 RCW Title 30A, entitled “Washington Commercial Bank Act” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

30A.04.010    Definitions.

30A.04.020    Use of words indicating bank or trust company – Penalty.

30A.04.075    Examination reports and information – Confidentiality – Disclosure – Penalty.

30A.04.260    Legal services, advertising of – Penalty.

30A.04.405    Bank acquisition or control – Notice or application – Registration statement – Violations – Penalties.

30A.12.047    Removal of a director, officer, or employee of a bank or holding company – Violation of final order – Penalty.

30A.12.110    Commission, etc., for procuring loan – Penalty.

30A.12.190    General penalty – Effect of conviction.

30A.16.010    Certification – Effect – Penalty.

30A.42.290    Compliance – Violations – Penalties.

(Ord. No. 4195, § 1, 4-19-16)

9.02.200 Chapter 30B.10 RCW, entitled “Director’s authority – Supervision and examination – Enforcement” – Adoption by reference.

The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

30B.10.100    Effect of final orders against officers, directors, employees, and agents.

(Ord. No. 4195, § 1, 4-19-16)

9.02.210 RCW Title 31, entitled “Miscellaneous Loan Agencies” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

31.04.027    Violations of chapter.

31.04.175    Violations – No penalty prescribed – Gross misdemeanor – Good faith exception.

31.12.565    Examination reports and specified other information confidential – Exceptions – Penalty.

31.45.105    Violations of chapter – Enforceability of transaction.

31.45.180    Violation – Misdemeanor.

(Ord. No. 4195, § 1, 4-19-16)

9.02.220 RCW Title 32, entitled “Washington Savings Bank Act” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

32.04.130    General penalty.

32.04.220    Examination reports and other information – Confidential – Privileged – Penalty.

32.16.097    Penalty for violation of order issued under RCW 32.16.093.

32.32.228    Acquisition of control of a converted savings bank – State reciprocity – Definitions.

(Ord. No. 4195, § 1, 4-19-16)

9.02.230 RCW Title 33, entitled “Washington Savings Associations Act” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

33.04.110    Examination reports and information – Confidential and privileged – Exceptions, limitations and procedure – Penalty.

33.08.010    Compliance required – Use of words in name or advertising – Penalty – Saving.

33.24.360    Acquisition of control of association – Unlawful, when – Application – Contents – Notice to other associations – Penalty.

33.36.010    Illegal loans or investments.

33.36.020    Purchase at discount of accounts or certificates.

33.36.030    Preference in case of insolvency.

33.36.040    Falsification of books – Exhibiting false document – Making false statement of assets or liabilities.

33.36.050    False statement affecting financial standing.

33.36.060    Suppressing, secreting, or destroying evidence or records.

(Ord. No. 4195, § 1, 4-19-16)

9.02.240 RCW Title 35, entitled “Cities and Towns” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

35.17.150    Officers and employees – Passes, free services prohibited, exceptions – Penalty.

35.32A.090    Budget mandatory – Other expenditures void – Liability of public officials – Penalty.

35.33.170    Violations and penalties.

35.34.280    Violations and penalties.

35.67.350    Penalty for sewer connection without permission.

35.75.020    Use of bicycle paths for other purposes prohibited.

(Ord. No. 4195, § 1, 4-19-16)

9.02.250 RCW Title 35A, entitled “Optional Municipal Code” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

35A.33.160    Violations and penalties.

35A.34.280    Violations and penalties.

(Ord. No. 4195, § 1, 4-19-16)

9.02.260 RCW Title 36, entitled “Counties” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

36.13.070    County census authorized – Penalty.

36.28.060    Duplicate receipts – Penalties.

36.29.060    Warrant calls – Penalty for failure to call.

36.32.210    Inventory of county capitalized assets – County commission inventory statement – Filing and public inspection – Penalty – Prosecutions – Taxpayer’s action.

36.40.240    Penalty.

36.43.040    Penalty for violation of code or regulation.

36.49.070    Penalty.

36.58.020    Rules and regulations as to use – Penalty.

36.68.080    Penalty for violations of regulations.

36.69.180    Violation of rules – Penalty.

36.71.060    Peddler’s license – Penalty for peddling without license.

36.71.070    Hawkers, auctioneers, and barterers must procure license – Exceptions.

36.75.130    Approaches to county roads – Rules regarding construction – Penalty.

36.75.270    Limitation of type or weight of vehicles authorized – Penalty.

36.75.290    General penalty.

36.86.060    Restrictions on use of oil at intersections or entrances to county roads.

36.95.190    Penalty for false statement as to tax exemption.

(Ord. No. 4195, § 1, 4-19-16)

9.02.270 RCW Title 38, entitled “Militia and Military Affairs” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

38.32.090    Penalty for physician making false certificate.

38.32.100    Buying and receiving military property.

38.32.120    Authority of commanding officer.

38.40.040    Interference with employment – Penalty.

38.40.050    Discharge from employment – Penalty.

38.40.110    Employment or membership in other organizations – Discrimination prohibited – Penalty – Civil cause of action.

38.40.120    Authorized military organizations.

38.42.050    Protection of service members and their dependents against default judgments.

38.42.150    Civil investigative demands – Standards – Limitations – Enforcement.

(Ord. No. 4195, § 1, 4-19-16)

9.02.280 RCW Title 39, entitled “Public Contracts and Indebtedness” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

39.04.110    Penalty for false entries.

39.84.050    Public corporations – Directors – Conflicts of interest.

39.110.020    Economic development finance authority – Creation – Dissolution – Requirements – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.290 Chapter 40.16 RCW, entitled “Penal provisions” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

40.16.010    Injury to public record.

40.16.030    Offering false instrument for filing or record.

(Ord. No. 4195, § 1, 4-19-16)

9.02.300 RCW Title 41, entitled “Public Employment, Civil Service, and Pensions” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

41.08.210    Penalty – Jurisdiction.

41.12.210    Penalty – Jurisdiction.

41.14.220    Penalty – Jurisdiction.

41.32.055    Falsification – Penalty.

41.35.120    False statements – Penalty.

41.37.120    False statements – Penalty.

41.40.055    Penalty for false statements.

(Ord. No. 4195, § 1, 4-19-16)

9.02.310 RCW Title 42, entitled “Public Officers and Agencies” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

42.17A.750    Civil remedies and sanctions – Referral for criminal prosecution.

42.20.020    Powers may not be delegated for profit.

42.20.030    Intrusion into and refusal to surrender public office.

42.20.040    False report.

42.20.050    Public officer making false certificate.

42.20.060    Falsely auditing and paying claims.

42.20.080    Other violations by officers.

42.20.090    Misappropriation, etc., by treasurer.

42.20.100    Failure of duty by public officer a misdemeanor.

42.20.110    Improper conduct by certain justices.

42.24.100    Municipal corporations and political subdivisions – Certificates need not be sworn – Penalty for false claim.

42.24.110    Municipal corporations and political subdivisions – Approving or paying false claim – Penalties.

42.44.160    Official misconduct – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.320 RCW Title 43, entitled “State Government – Executive” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

43.01.100    Application forms – Employment – Licenses – Mention of race or religion prohibited – Penalty.

43.04.090    Criminal penalty.

43.06.220    State of emergency – Powers of governor pursuant to proclamation.

43.06.240    State of emergency – Disorderly conduct after emergency proclaimed – Penalty.

43.06.250    State of emergency – Refusing to leave public way or property when ordered – Penalty.

43.07.210    Filing false statements – Penalty.

43.12.065    Rules pertaining to public use of state lands – Enforcement – Penalty.

43.21G.100    Penalty.

43.22.300    Compelling attendance of witnesses and testimony – Penalty.

43.22.310    Access to plants – Penalty for refusal.

43.22.340    Manufactured homes, mobile homes, recreational vehicles – Safety rules – Compliance – Penalty.

43.22.433    Violations – Penalties.

43.22.490    Factory built housing and commercial structures, regulating installation of – Violation as misdemeanor – Penalty.

43.22A.170    Notice of infraction.

43.37.200    Penalty.

43.43.320    Penalty for falsification.

43.43.690    Crime laboratory analysis fee – Court imposition – Collection.

43.43.754    DNA identification system – Biological samples – Collection, use, testing – Scope and application of section.

43.43.810    Obtaining information by false pretenses – Unauthorized use of information – Falsifying records – Penalty.

43.70.185    Inspection of property where marine species located – Prohibitions on harvest or landing – Penalties.

43.88.270    Penalty for violations.

43.215.340    Operating without a license – Penalty.

43.320.090    Borrowing money by director, deputy, or employee – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.330 Chapter 44.16 RCW, entitled “Legislative inquiry” – Adoption by reference.

The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

44.16.120    Punishment of recalcitrant witness.

(Ord. No. 4195, § 1, 4-19-16)

9.02.340 RCW Title 46, entitled “Motor Vehicles” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

46.12.610    Contaminated vehicles.

46.16A.050    Registration – Requirements before issuance – Penalty – Rules.

46.16A.070    Registration – Cancellation, refusal, etc. – Appeals.

46.19.010    Criteria for natural persons – Application – Identification cards, placards, and license plates.

46.20.091    Application – Penalty for false statement – Driving records from and to other jurisdictions.

46.29.610    Surrender of license – Penalty.

46.29.620    Forged proof – Penalty.

46.35.030    Confidential information – Exceptions – Penalty.

46.52.130    Abstract of driving record – Access – Fee – Violations.

46.55.300    Vehicle immobilization.

46.68.010    Refunds, overpayments, and underpayments – Penalty for false statements.

46.70.021    License required for dealers or manufacturers – Penalties.

46.70.051    Issuance of license – Private party dissemination of vehicle database.

46.70.140    Handling “hot” vehicles – Unreported motor “switches” – Unauthorized use of dealer plates – Penalty.

46.70.170    Penalty for violations.

46.72.100    Unprofessional conduct – Bond/insurance policy – Penalty.

46.72A.060    Insurance – Amount – Penalty.

46.72A.070    Vehicle certificates – Issuance of new or duplicate certificate – Penalty.

46.80.020    License required – Penalty.

46.80.080    Records – Penalty.

46.80.110    License penalties, civil fines, criminal penalties.

46.80.130    All storage at place of business – Screening required – Penalty.

46.80.170    Violations – Penalties.

46.82.390    Penalty.

46.87.290    Refusal, cancellation of application, cab card – Procedures, penalties.

(Ord. No. 4195, § 1, 4-19-16)

9.02.350 RCW Title 47, entitled “Public Highways and Transportation” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

47.04.090    Penalty.

47.08.110    Misuse of county or city road funds – General penalty.

47.38.010    Rules governing use and control of rest areas, historic sites, viewpoints, etc. – Penalties.

47.40.080    Penalty for destroying native flora on state lands, highways, parks.

47.41.070    Violations – Penalty – Abatement as public nuisance.

47.42.080    Public nuisance – Abatement – Penalty.

47.44.060    Penalties.

47.48.040    Penalty.

47.48.050    Transportation of radioactive or hazardous cargo – Definition – Violation, penalty.

47.68.220    Operating aircraft recklessly or under influence of intoxicants or drugs.

47.68.230    Aircraft, airman, and airwoman certificates required.

47.68.240    Penalties for violations.

47.68.255    Evasive registration.

(Ord. No. 4195, § 1, 4-19-16)

9.02.360 RCW Title 48, entitled “Insurance” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

48.01.080    Penalties.

48.07.060    Corrupt practices – Penalty.

48.08.040    Illegal dividends, reductions – Penalty against directors.

48.15.180    Surplus line broker’s fiduciary capacity – Violations.

48.17.480    Reporting and accounting for premiums.

48.17.600    Separation of premium funds.

48.18.070    Alteration of application.

48.18.180    Stated premium must include all charges.

48.30.110    Contributions to candidates for insurance commissioner.

48.30.190    Illegal dealing in premiums.

48.30.210    Misrepresentation in application for insurance.

48.30.220    Destruction, injury, secretion, etc., of property.

48.30.230    False claims or proof – Penalty.

48.30A.015    Unlawful acts – Penalties.

48.31.105    Conduct of proceedings – Requirement to cooperate – Definitions – Violations – Penalties.

48.36A.360    Penalties.

48.44.015    Registration by health care service contractors required – Penalty.

48.44.060    Penalty.

48.46.027    Registration, required – Issuance of securities – Penalty.

48.46.420    Penalty for violations.

48.56.030    License – Required – Fees – Information to be furnished – Penalty.

48.80.030    Making false claims, concealing information – Penalty – Exclusions.

(Ord. No. 4195, § 1, 4-19-16)

9.02.370 RCW Title 49, entitled “Labor Regulations” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

49.12.130    Witness protected – Penalty.

49.12.170    Penalty.

49.12.175    Wage discrimination due to sex prohibited – Penalty – Civil recovery.

49.12.410    Child labor laws – Violations – Criminal penalties.

49.17.190    Violations – Criminal penalties.

49.24.060    Penalty.

49.24.380    Penalty.

49.26.140    Asbestos projects – Enforcement – Penalties.

49.28.010    Eight hour day, 1899 act – Public works contracts – Emergency overtime – Penalty.

49.28.080    Hours of domestic employees – Exception – Penalty.

49.28.100    Hours of operators of power equipment in waterfront operations – Penalty.

49.38.060    Penalty.

49.40.030    Fraud in securing advances – Penalty.

49.44.010    Blacklisting – Penalty.

49.44.020    Bribery of labor representative.

49.44.030    Labor representative receiving bribe.

49.44.040    Obtaining employment by false letter or certificate.

49.44.050    Fraud by employment agent.

49.44.060    Corrupt influencing of agent.

49.44.080    Endangering life by refusal to labor.

49.44.100    Bringing in out-of-state persons to replace employees involved in labor dispute – Penalty.

49.44.120    Requiring lie detector tests – Penalty.

49.46.100    Prohibited acts of employer – Penalty.

49.48.020    Penalty for noncompliance with RCW 49.48.010 through 49.48.030 and 49.48.060.

49.48.040    Enforcement of wage claims – Issuance of subpoenas – Compliance.

49.52.050    Rebates of wages – False records – Penalty.

49.52.090    Rebates of wages on public works – Penalty.

49.60.310    Misdemeanor to interfere with or resist commission.

49.60.360    Refueling services for disabled drivers – Violation – Investigation – Intentional display of plate or placard invalid or not legally issued prohibited – Fine – Notice to disabled persons.

(Ord. No. 4195, § 1, 4-19-16)

9.02.380 RCW Title 50, entitled “Unemployment Compensation” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

50.36.010    Violations generally.

50.36.020    Violations by employers.

50.36.030    Concealing cause of discharge.

50.40.010    Waiver of rights void.

(Ord. No. 4195, § 1, 4-19-16)

9.02.390 RCW Title 51, entitled “Industrial Insurance” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

51.14.100    Notice of compliance to be posted – Penalty.

51.16.140    Premium liability of worker.

51.48.020    Employer’s false reporting or failure to secure payment of compensation – False information by claimants – Unlawful actions – Penalties.

51.48.040    Inspection of employer’s records.

51.48.050    Liability for illegal collections for medical aid.

51.48.103    Engaging in business without certificate of coverage – Unlawful actions – Penalties.

51.48.270    Criminal liability of persons making false statements or concealing information.

51.48.280    Kickbacks, bribes, and rebates – Representation fees – Criminal liability – Exceptions.

51.52.120    Attorney’s fee before department or board – Unlawful attorney’s fees.

51.52.132    Unlawful attorney’s fees.

(Ord. No. 4195, § 1, 4-19-16)

9.02.400 Chapter 52.12 RCW, entitled “Powers – Burning permits” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

52.12.105    Burning permits – Penalty.

52.12.106    Burning permits – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.410 RCW Title 53, entitled “Port Districts” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

53.08.220    Regulations authorized – Adoption as part of ordinance or resolution of city or county, procedure – Enforcement – Penalty for violation.

53.34.190    Bylaws, rules for management, uses, charges – Penalty for violation.

(Ord. No. 4195, § 1, 4-19-16)

9.02.420 Chapter 57.08 RCW, entitled “Powers” – Adoption by reference.

The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

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

(Ord. No. 4195, § 1, 4-19-16)

9.02.430 RCW Title 58, entitled “Boundaries and Plats” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

58.04.015    Disturbing a survey monument – Penalty – Cost.

58.17.300    Violations – Penalties.

(Ord. No. 4195, § 1, 4-19-16)

9.02.440 RCW Title 59, entitled “Landlord and Tenant” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

59.12.230    Forcible entry and detainer – Penalty.

59.18.125    Inspections by local municipalities – Frequency – Number of rental properties inspected – Notice – Appeals – Penalties.

59.21.110    Violations – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.450 RCW Title 61, entitled “Mortgages, Deeds of Trust, and Real Estate Contracts” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

61.12.030    Removal of property from mortgaged premises – Penalty.

61.30.150    False swearing – Penalty – Failure to comply with chapter – Liability.

(Ord. No. 4195, § 1, 4-19-16)

9.02.460 RCW Title 63, entitled “Personal Property” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

63.14.170    Violations – Penalties.

63.29.340    Interest and penalties.

63.29.350    Penalty for excessive fee for locating abandoned property – Consumer protection act application.

(Ord. No. 4195, § 1, 4-19-16)

9.02.470 RCW Title 64, entitled “Real Property and Conveyances” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

64.36.020    Registration required before advertisement, solicitation, or offer – Requirements for registration – Exemption authorized – Penalties.

64.36.210    Unlawful acts – Penalties.

64.44.040    Orders declaring property unfit and prohibiting use – City, county action – Entrance upon property prohibited.

(Ord. No. 4195, § 1, 4-19-16)

9.02.480 RCW Title 65, entitled “Recording, Registration, and Legal Publication” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

65.12.730    Certificate subject of theft – Penalty.

65.12.740    Perjury.

65.12.750    Fraud – False entries – Penalty.

65.20.130    General penalties.

(Ord. No. 4195, § 1, 4-19-16)

9.02.490 RCW Title 66, entitled “Alcoholic Beverage Control” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

66.04.010    Definitions.

66.08.130    Inspection of books and records – Goods possessed or shipped – Refusal as violation.

66.08.140    Inspection of books and records – Financial dealings – Penalty for refusal.

66.12.010    Wine or beer manufactured for home use.

66.16.090    Record of individual purchases confidential – Penalty for disclosure.

66.20.100    Physician may prescribe or administer liquor – Penalty.

66.20.110    Dentist may administer liquor – Penalty.

66.20.120    Hospital, etc., may administer liquor – Penalty.

66.20.200    Unlawful acts relating to identification or certification card – Penalties.

66.20.340    Alcohol servers – Violation of rules – Penalties.

66.24.481    Public place or club – License or permit required – Penalty.

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

66.28.200    Keg registration – Special endorsement for grocery store licensee – Requirements of seller.

66.28.210    Keg registration – Requirements of purchaser.

66.28.220    Keg registration – Identification of containers – Rules – Fees – Sale in violation of rules unlawful.

66.28.230    Keg registration – Furnishing to minors – Penalties.

66.44.010    Local officers to enforce law – Authority of board – Liquor enforcement officers.

66.44.040    Sufficiency of description of offenses in complaints, informations, process, etc.

66.44.060    Proof of unlawful sale establishes prima facie intent.

66.44.070    Certified analysis is prima facie evidence of alcoholic content.

66.44.080    Service of process on corporation.

66.44.090    Acting without license.

66.44.100    Opening or consuming liquor in a public place – Penalty.

66.44.120    Unlawful use of seal.

66.44.130    Sales of liquor by drink or bottle.

66.44.140    Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash.

66.44.150    Buying liquor illegally.

66.44.160    Illegal possession, transportation of alcoholic beverages.

66.44.170    Illegal possession of liquor with intent to sell – Prima facie evidence, what is.

66.44.175    Violations of law.

66.44.180    General penalties – Jurisdiction for violations.

66.44.200    Sales to persons apparently under the influence of liquor – Purchases or consumption by persons apparently under the influence of liquor on licensed premises – Penalty – Notice – Separation of actions.

66.44.210    Obtaining liquor for ineligible person.

66.44.270    Furnishing liquor to minors – Possession, use – Penalties – Exhibition of effects – Exceptions.

66.44.280    Minor applying for permit.

66.44.290    Minor purchasing or attempting to purchase liquor – Penalty.

66.44.292    Sales to minors by licensee or employee – Board notification to prosecuting attorney to formulate charges against minors.

66.44.300    Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold.

66.44.310    Minors frequenting off-limits area – Misrepresentation of age – Penalty – Classification of licensees.

66.44.316    Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment.

66.44.318    Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine.

66.44.325    Unlawful transfer to a minor of age identification.

66.44.328    Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card – Penalty.

66.44.340    Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers.

66.44.350    Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers.

66.44.370    Resisting or opposing officers in enforcement of title.

66.44.380    Powdered alcohol.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 6, 6-1-04; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.140)

9.02.500 RCW Title 67, entitled “Sports and Recreation – Convention Facilities” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

67.04.010    Penalty for bribery in relation to baseball game.

67.04.020    Penalty for acceptance of bribe.

67.04.050    Corrupt baseball playing – Penalty.

67.04.150    Contract with minor – Penalty for violation.

67.08.015    Duties of department – Exemptions – Rules.

67.08.140    Penalty for conducting events without license – Penalty.

67.08.150    General penalty.

67.14.060    Liquor sales, keeping games, without license – Penalty.

67.16.060    Prohibited practices – Parimutuel system permitted – Race meet as public nuisance.

67.42.070    Penalty.

67.70.120    Sale to minor prohibited – Exception – Penalties.

67.70.150    Penalty for false or misleading statement or entry or failure to produce documents.

67.70.160    Penalty for violation of chapter – Exceptions.

67.70.170    Penalty for violation of rules – Exceptions.

67.70.180    Persons prohibited from purchasing tickets or shares or receiving prizes – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.510 RCW Title 68, entitled “Cemeteries, Morgues, and Human Remains” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

68.05.115    Sale or transfer of cemetery authority or creation of a new cemetery – Penalty for noncompliance.

68.05.240    Interment, certificate of authority required – Penalty.

68.05.330    Violation – Penalty – Unfair practice – Other laws applicable.

68.05.390    Permit or endorsement required for cremation – Penalty.

68.24.130    Sale for resale prohibited – Penalty.

68.24.140    Commission on sales prohibited – Penalty.

68.24.150    Unlawful employment of others to dispose of human remains.

68.24.190    Opening road through cemetery – Penalty.

68.28.060    Improper construction a nuisance – Penalty.

68.40.085    Representing fund as perpetual – Penalty.

68.40.090    Penalty.

68.44.060    Unauthorized loans – Penalty.

68.50.020    Notice to coroner – Penalty.

68.50.050    Removal or concealment of body – Penalty.

68.50.100    Dissection, when permitted – Autopsy of person under the age of three years.

68.50.108    Autopsies, postmortems – Consent to embalm or cremate body – Time limitation.

68.50.120    Holding body for debt – Penalty.

68.50.130    Unlawful disposal of remains.

68.50.140    Unlawful disturbance, removal, or sale of human remains – Penalty.

68.50.185    Individual cremation – Exception – Penalty.

68.50.645    Skeletal human remains – Duty to notify – Ground disturbing activities – Coroner determination – Definitions.

68.56.010    Unlawful damage to graves, markers, shrubs, etc. – Interfering with funeral.

68.56.040    Nonconforming cemetery a nuisance – Penalty.

68.56.050    Defendant liable for costs.

68.60.040    Protection of cemeteries – Penalties.

68.60.050    Protection of historic graves – Penalty.

68.60.055    Skeletal human remains – Duty to notify – Ground disturbing activities – Coroner determination – Definitions.

68.64.150    Illegal purchases or sales – Felony.

68.64.160    Illegal financial gain – Altering a document, amendment, or revocation of gift – Felony.

(Ord. No. 4195, § 1, 4-19-16)

9.02.520 RCW Title 69, entitled “Food, Drugs, Cosmetics, and Poisons” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

69.04.040    Prohibited acts.

69.04.060    Criminal penalty for violations.

69.04.070    Additional penalty.

69.04.933    Food fish and shellfish labeling – Identification of species – Exceptions – Penalty.

69.04.934    Salmon labeling – Identification as farm-raised or commercially caught – Exceptions – Penalty.

69.04.938    Misbranding of food fish or shellfish – Penalties.

69.06.060    Penalty.

69.07.150    Violations – Penalties.

69.22.090    Penalties.

69.25.150    Penalties – Liability of employer – Defense.

69.28.185    Penalty.

69.30.140    Penalties.

69.36.060    Penalty.

69.38.040    Inspection of poison register – Penalty for failure to maintain register.

69.38.050    False representation – Penalty.

69.38.060    Manufacturers and sellers of poisons – License required – Penalty.

69.40.055    Selling repackaged poison without labeling – Penalty.

69.41.010    Definitions.

69.41.030    Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions – Penalty.

69.41.050    Labeling requirements – Penalty.

69.41.060    Search and seizure.

69.41.072    Violations of Chapter 69.50 RCW not to be charged under Chapter 69.41 RCW – Exception.

69.41.170    Coercion of pharmacist prohibited – Penalty.

69.41.320    Practitioners – Restricted use – Medical records.

69.41.350    Penalties.

69.43.010    Report to pharmacy quality assurance commission – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties.

69.43.020    Receipt of substance from source outside state – Report – Penalty.

69.43.030    Exemptions.

69.43.035    Suspicious transactions – Report – Penalty.

69.43.040    Reporting form.

69.43.043    Recordkeeping requirements – Penalty.

69.43.048    Reporting and recordkeeping requirements – Submission of computer readable data, copies of federal reports.

69.43.080    False statement in report or record – Class C felony.

69.43.090    Permit to sell, transfer, furnish, or receive substance – Exemptions – Application for permit – Fee – Renewal – Penalty.

69.43.105    Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Record of transaction – Exceptions – Penalty.

69.43.110    Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Electronic sales tracking system – Penalty.

69.43.120    Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions.

69.43.130    Exemptions – Pediatric products – Products exempted by the pharmacy quality assurance commission.

69.43.135    Iodine, methylsulfonylmethane – Sales restrictions – Recording of transactions – Penalties.

69.50.101    Definitions.

69.50.102    Drug paraphernalia – Definitions.

69.50.202    Nomenclature.

69.50.204    Schedule I.

69.50.206    Schedule II.

69.50.208    Schedule III.

69.50.210    Schedule IV.

69.50.212    Schedule V.

69.50.315    Medical assistance – Drug-related overdose – Prosecution for possession.

69.50.401    Prohibited acts: A – Penalties.

69.50.4011    Counterfeit substances – Penalties.

69.50.4012    Delivery of substance in lieu of controlled substance – Penalty.

69.50.4013    Possession of controlled substance – Penalty – Possession of useable marijuana, marijuana concentrates, or marijuana-infused products.

69.50.4014    Possession of forty grams or less of marijuana – Penalty.

69.50.4015    Involving a person under eighteen in unlawful controlled substance transaction – Penalty.

69.50.4016    Provisions not applicable to offenses under RCW 69.50.410.

69.50.402    Prohibited acts: B – Penalties.

69.50.403    Prohibited acts: C – Penalties.

69.50.404    Penalties under other laws.

69.50.405    Bar to prosecution.

69.50.407    Conspiracy.

69.50.408    Second or subsequent offenses.

69.50.410    Prohibited acts: D – Penalties.

69.50.412    Prohibited acts: E – Penalties.

69.50.4121    Drug paraphernalia – Selling or giving – Penalty.

69.50.416    Counterfeit substances prohibited – Penalties.

69.50.435    Violations committed in or on certain public places or facilities – Additional penalty – Defenses – Construction – Definitions.

69.50.445    Opening package of or consuming marijuana, useable marijuana, marijuana-infused products, or marijuana concentrates in view of general public or public place – Penalty.

69.50.450    Butane or other explosive gases.

69.50.465    Conducting or maintaining marijuana club – Penalty.

69.50.505    Seizure and forfeiture.

69.50.506    Burden of proof; liabilities.

69.50.509    Search and seizure of controlled substances.

69.50.510    Search and seizure at rental premises – Notification of landlord.

69.50.560    Controlled purchase programs – Persons under age twenty-one – Violation – Criminal penalty – Exceptions.

69.51A.005    Purpose and intent.

69.51A.010    Definitions.

69.51A.030    Acts not constituting crimes or unprofessional conduct – Health care professionals not subject to penalties or liabilities.

69.51A.040    Compliance with chapter – Qualifying patients and designated providers not subject to penalties – Law enforcement not subject to liability.

69.51A.043    Failure to register – Affirmative defense.

69.51A.045    Possession of plants, marijuana concentrates, useable marijuana, or marijuana-infused products exceeding lawful amount – Affirmative defense.

69.51A.050    Medical marijuana, lawful possession – State not liable.

69.51A.055    Limitations of chapter – Persons under supervision.

69.51A.060    Crimes – Limitations of chapter.

69.51A.085    Collective gardens.

69.51A.130    State and municipalities – Not subject to liability.

69.51A.210    Qualifying patients or designated providers – Authorization – Health care professional may include recommendations on amount of marijuana.

69.51A.240    Unlawful actions – Criminal penalty.

69.51A.260    Housing unit – No more than fifteen plants may be grown or located – Exception – Civil penalties.

69.52.010    Legislative findings.

69.52.020    Definitions.

69.52.030    Violations – Exceptions.

69.52.040    Seizure of contraband.

69.52.045    Seizure at rental premises – Notification of landlord.

69.52.070    Violations – Juvenile driving privileges.

69.53.010    Unlawful use of building for drug purposes – Liability of owner or manager – Penalty.

69.53.020    Unlawful fortification of building for drug purposes – Penalty.

69.53.030    Unlawful use of fortified building – Penalty.

69.55.010    Theft of ammonia.

69.55.020    Unlawful storage of ammonia.

69.55.030    Damages – Liability.

69.75.010    Definitions.

69.75.020    Retail sales – Proof of age from purchaser – Unlawful acts, exceptions – Penalties.

69.75.040    Construction of chapter.

69.75.050    Preemption.

69.90.010    Definitions.

69.90.020    Sale of “kosher” and “kosher style” food products prohibited if not kosher – Representations – Penalty.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 7, 6-1-04; Ord. No. 4068, § 1, 1-15-13; Ord. No. 4129, § 2, 11-18-14; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.150)

9.02.530 RCW Title 70, entitled “Public Health and Safety” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

70.02.330    Obtaining confidential records under false pretenses – Penalty.

70.05.120    Violations – Remedies – Penalties.

70.24.022    Interviews, examination, counseling, or treatment of infected persons or persons believed to be infected – Dissemination of false information – Penalty.

70.24.080    Penalty.

70.28.033    Treatment, isolation, or examination order of health officer – Violation – Penalty.

70.41.170    Operating or maintaining unlicensed hospital or unapproved tertiary health service – Penalty.

70.42.180    Operating without a license – Injunctions or other remedies – Penalty.

70.54.010    Polluting water supply – Penalty.

70.54.020    Furnishing impure water – Penalty.

70.54.030    Pollution of watershed of city in adjoining state – Penalty.

70.54.050    Exposing contagious disease – Penalty.

70.54.065    Ambulances and drivers – Penalty.

70.54.070    Door of public buildings to swing outward – Penalty.

70.54.080    Liability of person handling steamboat or steam boiler.

70.54.090    Attachment of objects to utility poles – Penalty.

70.54.160    Public restrooms – Pay facilities – Penalty.

70.54.350    Electrology and tattooing – Practitioners to comply with rules – Penalty.

70.54.400    Retail restroom access – Customers with medical conditions – Penalty.

70.58.280    Penalty.

70.62.280    Violations – Penalty.

70.74.010    Definitions.

70.74.022    License required to manufacture, purchase, sell, use, possess, transport, or store explosives – Penalty – Surrender of explosives by unlicensed person – Other relief.

70.74.160    Unlawful access to explosives.

70.74.272    Malicious placement of an imitation device – Penalties.

70.74.275    Intimidation or harassment with an explosive – Class C felony.

70.74.295    Abandonment of explosives.

70.74.300    Explosive containers to be marked – Penalty.

70.74.310    Gas bombs, explosives, stink bombs, etc.

70.74.400    Seizure and forfeiture.

70.75.040    Sale of nonstandard equipment as misdemeanor – Exceptions.

70.84.010    Declaration – Policy.

70.84.060    Unauthorized use of white cane, dog guide, or service animal.

70.84.070    Penalty for violations.

70.85.010    Definitions.

70.85.020    Refusal to yield line – Penalty.

70.85.030    Request for line on pretext of emergency – Penalty.

70.86.040    Penalty.

70.87.145    Order to discontinue operation – Notice – Conditions – Contents of order – Recision of order – Violation – Penalty – Random inspections.

70.87.180    Violations.

70.90.205    Criminal penalties.

70.94.430    Penalties.

70.95.240    Unlawful to dump or deposit solid waste without permit – Penalties – Litter cleanup restitution payment.

70.95.515    Fee on the retail sale of new replacement vehicle tires – Failure to collect, pay to department – Penalties.

70.95.560    Waste tires – Violation of RCW 70.95.555 – Penalty.

70.95B.140    Penalties for violations – Injunctions.

70.95D.100    Penalties.

70.95I.040    Oil sellers – Education responsibility – Penalty.

70.95I.060    Disposal of used oil – Penalty.

70.95J.060    Violations – Punishment.

70.97.140    Unlicensed operation – Criminal penalty.

70.105.085    Violations – Criminal penalties.

70.107.070    Rules relating to motor vehicles – Violations – Penalty.

70.108.130    Penalty.

70.108.150    Firearms – Penalty.

70.110.040    Compliance required.

70.111.030    Unsafe cribs – Prohibition – Definition – Penalty.

70.119.130    Violations – Penalties.

70.122.090    Criminal conduct – Penalties.

70.124.070    Failure to report is gross misdemeanor.

70.127.020    Licenses required after July 1, 1990 – Penalties.

70.128.055    Operating without a license – Misdemeanor.

70.138.070    Criminal penalties.

70.148.060    Disclosure of reports or information – Penalty.

70.155.050    Sampling prohibited – Penalty.

70.155.080    Purchasing, possessing by persons under eighteen – Civil infraction –Jurisdiction.

70.155.140    Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited – Penalty.

70.158.060    Penalties – Application of consumer protection act.

70.170.070    Penalties.

70.175.090    Participants authorized to contract – Penalty – Secretary and state exempt from liability.

70.185.080    Participants authorized to contract – Penalty – Secretary and state exempt from liability.

70.230.070    Denial, suspension, or revocation of license – Investigating complaints – Penalties.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3954, § 3, 5-18-10; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.160)

9.02.540 RCW Title 71, entitled “Mental Illness” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

71.05.680    Treatment records – Access under false pretenses, penalty.

71.12.460    License to be obtained – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.550 Chapter 72.09 RCW, entitled “Department of corrections” – Adoption by reference.

The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

72.09.540    Inmate name change – Limitations on use – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.560 Chapter 73.04 RCW, entitled “General provisions” – Adoption by reference.

The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

73.04.020    Pension papers – Fees not to be charged – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.570 RCW Title 74, entitled “Public Assistance” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

74.04.060    Records, confidential – Exceptions – Penalty.

74.04.330    Annual reports by assistance organizations – Penalty.

74.04.380    Federal and other surplus food commodities – Agreements – Personnel – Facilities – Cooperation with other agencies – Discontinuance of program.

74.04.385    Unlawful practices relating to surplus commodities – Penalty.

74.08.331    Unlawful practices – Obtaining assistance – Disposal of realty – Penalties.

74.08.582    Electronic benefit cards – Names of two or more persons.

74.09.270    Failure to maintain trust funds in separate account – Penalties.

74.15.150    Penalty for operating without license.

74.20.060    Cooperation by person having custody of child – Penalty.

74.20.260    Financial statements by parent whose absence is basis of application for public assistance.

74.34.020    Definitions.

74.34.021    Vulnerable adult – Definition.

74.34.035    Reports – Mandated and permissive – Contents – Confidentiality.

74.34.040    Reports – Contents – Identity confidential.

74.34.050    Immunity from liability.

74.34.053    Failure to report – False reports – Penalties.

74.34.145    Protection of vulnerable adults – Notice of criminal penalties for violation – Enforcement under RCW 26.50.110.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.170)

9.02.580 RCW Title 78, entitled “Mines, Minerals, and Petroleum” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

78.04.050    Penalty for violations under RCW 78.04.040.

78.12.061    Safety cage in mining shaft – Regulations.

78.44.260    Operating without permit – Penalty.

78.52.550    Violations – Penalty.

78.60.290    Violations – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.590 RCW Title 80, entitled “Public Utilities” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

80.04.385    Penalties – Violations by officers, agents, and employees of public service companies.

80.04.390    Penalties – Violations by persons.

80.08.120    Penalty against individuals.

80.24.050    Penalty for failure to pay fees – Disposition of fines and penalties.

80.28.190    Gas companies – Certificate – Violations – Commission powers – Penalty – Fees.

80.50.150    Enforcement of compliance – Penalties.

(Ord. No. 4195, § 1, 4-19-16)

9.02.600 RCW Title 81, entitled “Transportation” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

81.04.385    Penalties – Violations by officers, agents, and employees of public service companies and persons or entities acting as public service companies.

81.04.390    Penalties – Violations by persons.

81.08.120    Penalty against individual.

81.24.080    Penalty for failure to pay fees – Disposition of fees and penalties.

81.29.040    Penalty for violations.

81.40.060    Purchase of apparel by employees – Penalty.

81.40.080    Employee shelters – Penalty.

81.40.130    Cost of records or medical examinations – Unlawful to require employee or applicant to pay – Penalty – Definitions.

81.44.085    First aid kits and drinking water – Penalty.

81.48.020    Obstructing or delaying train – Penalty.

81.48.060    Penalty for violation of duty endangering safety.

81.54.030    Reimbursement of inspection cost.

81.68.010    Definitions.

81.68.015    Application of chapter restricted.

81.68.020    Compliance with chapter required.

81.68.080    Penalty.

81.77.020    Compliance with chapter required – Exemption for cities.

81.77.090    Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.610 Chapter 88.02 RCW, entitled “Vessel registration” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

88.02.350    Refunds, overpayments, and underpayments – Penalty for false statement.

88.02.360    Contaminated vessels.

88.02.380    Penalties – Disposition of moneys collected – Enforcement authority.

88.02.400    Evasive registration and excise tax evasion – Penalty.

88.02.740    Vessel dealer license required – Penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.620 RCW Title 90, entitled “Water Rights – Environment” – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

90.36.050    Penalty – 1901 c 121.

90.44.120    Penalty for waste or unauthorized use of water.

90.58.220    General penalty.

(Ord. No. 4195, § 1, 4-19-16)

9.02.630 Obstructing public officers.

A. A person is guilty of obstructing a public officer if, with knowledge that the person is a public officer, he or she:

1. Intentionally and physically interferes with a public officer;

2. Intentionally hinders or delays a public officer by disobeying an order to stop given by such officer;

3. Intentionally refuses to cease an activity or behavior that creates a risk of injury to any person when ordered to do so by a public officer;

4. Intentionally destroys, conceals, or alters or attempts to destroy, conceal, or alter any material that he or she knows the public officer is attempting to obtain, secure, or preserve during an investigation, search, or arrest;

5. Intentionally refuses to leave the scene of an investigation of a crime while an investigation is in progress after being requested to leave by a public officer; or

6. Intentionally hinders or delays a public officer in the discharge of his or her official duties by making any untrue or misleading statement, report, or identification.

B. No person shall be convicted of violating this section if the judge determines with respect to the person charged with violating this section that the public officer is not acting lawfully in a governmental function.

C. For purposes of this section, a public officer means those individuals responsible for the enforcement of the provisions of the Kent City Code and empowered to make arrests or issue citations for violations under the code or those individuals responsible for the enforcement of the criminal laws of the state.

D. Obstructing a public officer is a gross misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.180)

9.02.640 Disorderly conduct.

A. A person is guilty of disorderly conduct if he or she:

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

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

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

4. Aggressively solicits in a public place.

B. The following definitions shall apply in this section:

1. Aggressively solicit means to solicit and engage in conduct that would likely intimidate a reasonable person, including touching, following, persistently soliciting after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving goods, services, money, signatures, or any other item, tangible or intangible, sought by the solicitor.

2. Lawful authority includes but is not limited to oral permission, or a permit or license when issued by a person or entity with authority to issue the permission, permit, or license, or a court order or authorization issued by a court of proper jurisdiction.

3. Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, grasp a person, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact, and shall also include action which is intended to prohibit or delay vehicular or pedestrian traffic from entering a public or private place; provided, that an act which is specifically authorized by a state or federal court with jurisdiction and which has been determined by the court to be a valid exercise of one’s right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic.

4. Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including places that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

5. Solicit means to request, petition, or seek something from another person, or persons, or business or businesses, by words, physical gestures, or written or symbolic signs or displays in a public place.

C. Disorderly conduct is a misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4071, § 1, 2-19-13; Ord. No. 4146, § 1, 4-21-15; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.190)

9.02.650 Prohibited conduct on transit property and transit vehicles.

A. Definitions. As used in this section, the following definitions shall apply:

1. Public transportation services means providing, at scheduled times and places, transit vehicles to carry members of the public from one location to another upon public highways or other roads, or upon any railway used for light rail or interurban passenger service provided by a regional transit authority authorized by Chapter 81.112 RCW, as currently enacted or hereafter amended; provided, this definition shall not include activities related to the transporting of members of the public by other public or private railroad entities, such as Amtrak.

2. Transit center means any location within the city of Kent, such as bus stations and train or light rail stations, that serves as a hub or transfer point for transit vehicles, enabling passengers to connect with different transit routes.

3. Transit property shall mean all facilities, structures, lands, interest in lands, air rights over lands, and rights-of-way of all kinds that are owned, leased, held, or used within the city of Kent by a public or private agency or municipal corporation for purposes of providing or directly supporting public transportation services, including, but not limited to, park and ride lots or parking structures for passengers; transit centers; designated bus, trolley, light rail, or train stops and waiting areas; and transit vehicle maintenance or storage facilities.

4. Transit vehicle means every motor vehicle, bus, trolley, streetcar, train, light rail train, or other vehicle owned or operated by a public or private entity that provides public transportation services within the city of Kent; provided this definition shall not include taxicabs or “for-hire” vehicles as those vehicles are defined under the Kent City Code.

B. Misdemeanor offenses on transit property and transit vehicles. The following actions are prohibited in, on, or against all transit properties and transit vehicles. A person who commits one of the following acts is guilty of a misdemeanor:

1. Smoking or carrying a lighted or smoldering pipe, cigar, or cigarette while in a transit vehicle;

2. Discarding litter other than in designated receptacles;

3. Playing a radio, tape recorder, audible game device, or any other sound-producing equipment, except when the equipment is connected to earphones that limit the sound to the individual listener, with knowledge that this conduct is prohibited. However, the use of communication devices in the line of duty by city of Kent employees, transit agency or county employees, or police, fire, or other public safety officers is permitted, as is the use of private communication devices used to summon, notify, or communicate with other individuals (such as “beepers” or portable telephones);

4. Spitting, expectorating, urinating, or defecating, except in restroom facilities;

5. Carrying flammable liquids, flammable or nonflammable explosives, acid, or any other article or material of a type or in a manner that is likely to cause harm to others. However, cigarette, cigar, or pipe lighters, firearms, weapons, and ammunition may be carried if in a form or manner that is not otherwise prohibited by law or ordinance;

6. Intentionally obstructing or impeding the flow of transit vehicle or passenger movement, intentionally hindering or preventing access to transit property, intentionally causing unreasonable delays in boarding or exiting, intentionally reclining or occupying more than one seat, or in any way intentionally interfering with the provision or use of transit services;

7. Unreasonably disturbing others by engaging in loud, raucous, unruly, harmful, abusive, or harassing behavior;

8. Drinking an alcoholic beverage or possessing an open container of an alcoholic beverage by a passenger in a transit vehicle, or in public areas of transit properties during hours when those areas are open to the public; provided, possessing and drinking an alcoholic beverage is not prohibited on transit property if authorized as part of a scheduled special event for which all required permits have been obtained and when said facilities are not in use for transit purposes; provided further, drinking by passengers is not prohibited with respect to transit vehicles that have been commercially chartered for group use and that have obtained any required permits to serve alcohol;

9. Dumping any materials whatsoever on transit property, including but not limited to chemicals and automotive fluids;

10. Throwing an object at transit property or at any person in transit property;

11. Failing to present a valid, unexpired pass, transfer, or ticket or otherwise failing to pay the appropriate fare as required;

12. Possessing an unissued transfer or tendering an unissued transfer as proof of fare payment;

13. Falsely representing oneself as eligible for a special or reduced fare or obtaining any permit or pass related to the transit system by making a false representation;

14. Falsely claiming to be a transit operator or other transit employee; or through words, actions, and/or the use of clothes, insignia, or equipment resembling department-issued uniforms and equipment, intentionally creating a false impression that he or she is a transit operator or other transit employee;

15. Engaging in gambling or any game of chance for the winning of money or anything of value; and

16. Discharging a laser-emitting device on a transit vehicle, directing such a device from a transit vehicle toward any other moving vehicle, or directing such a device toward any transit operator or passenger.

C. Infractions. The following actions are prohibited in, on, or against all transit properties and transit vehicles. A person who commits one of the following acts in, on, or in relation to transit property is guilty of a civil infraction to which Chapter 7.80 RCW applies:

1. Allowing any animal to occupy a seat on transit property, to run at large without a leash, to unreasonably disturb others, or to obstruct the flow of passenger or bus traffic; but animals may occupy a passenger’s lap while in a transit vehicle or in a transit property; provided, dogs that have been declared dangerous shall not be allowed on transit vehicles or transit property;

2. Allowing his or her animal to leave waste on transit property or in a transit vehicle;

3. Rollerskating, rollerblading, or skateboarding;

4. Riding a bicycle, motorcycle, or other vehicle except for the purpose of entering or leaving passenger facilities on roadways designed for that use. Bicycles must be walked at all times and may not be transported on escalators. However, nothing in this section shall be construed to apply to commissioned peace officers or city employees engaged in authorized activities in the course of their employment;

5. Eating or drinking on transit vehicles, or in any area of transit property that has been posted as prohibiting eating or drinking;

6. Bringing onto a transit passenger vehicle any package or other object which blocks an aisle or stairway or occupies a seat if to do so would, in the vehicle operator’s sole discretion, cause a danger to passengers or displace passengers or expected passengers;

7. Operating, stopping, standing, or parking a vehicle in any roadway or location restricted for use only by transit vehicles or otherwise restricted;

8. Riding transit vehicles for the purpose of sleeping, or using benches, floors, or other areas in transit facilities for the purpose of sleeping rather than for their intended transportation-related purposes;

9. Camping in or on transit property; storing personal property on benches, floors, or other areas of transit property;

10. Entering upon or crossing a road or rail tracks used by transit vehicles, except in marked crosswalks or at the direction of transit employees or public safety personnel;

11. Intentionally extending an object or a portion of one’s body through the door or window of a transit vehicle while it is in motion;

12. Intentionally hanging or swinging on bars or stanchions, with feet off the floor, inside a transit vehicle or on other transit property; intentionally hanging onto or otherwise attaching oneself at any time to the exterior of a transit vehicle or other transit property;

13. Engaging in any sports on transit property without permission;

14. Parking a vehicle in a designated passenger parking area on transit property for more than 72 consecutive hours;

15. Using transit property for residential parking or unauthorized commercial parking purposes;

16. Unless authorized, cleaning or performing nonemergency repairs to a vehicle parked on transit property; and

17. Conducting driver training on transit property.

(Ord. No. 3877, § 2, 4-1-08; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.192)

9.02.660 Possession of graffiti tools.

A. It shall be unlawful for any person to possess graffiti tools.

B. A person possesses graffiti tools when they possess any paint, marking pen, glass-cutting tool, glass-etching tool, materials, instruments, or any other item adapted, designed, or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying public or private property, and they possess the item under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of such an offense, or under circumstances evincing an intent that some other person will use or employ the thing possessed in the commission of such offense.

C. Defacing as used in subsection (B) of this section shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching, cutting, etching, or scribbling upon any wall or surface owned, operated, or maintained by any property owner or the city unless the city or the property owner grants written permission for such writing, painting, inscribing, drawing, scratching, cutting, etching, or scribbling.

D. The unlawful possession of graffiti tools is a misdemeanor.

(Ord. No. 4005, § 1, 10-18-11; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.193)

9.02.670 Tampering or interfering with the property of another prohibited – Penalty.

A. A person commits the offense of tampering or interfering with the property of another if, without privilege, permission, or license to do so, he or she intentionally tampers or interferes with the property of another.

B. For the purposes of this section, the terms tampers and interferes include, but are not limited to:

1. Discarding items belonging to another;

2. Withholding the property of another; or

3. Placing of a substance, such as a bodily fluid or bodily waste, food products, food waste or food containers, dying or dead vegetation, trash, or other object, upon the property of another thereby creating the need for an expenditure of effort, time, money, or other activity in order to return the property to its previous condition.

C. Tampering or interfering with the property of another is a misdemeanor.

(Ord. No. 3836, § 1, 4-17-07; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.195)

9.02.680 Public disturbance.

A. A person is guilty of public disturbance if he or she:

1. Causes a public disturbance or is in possession or control of property on which a public disturbance occurs. A public disturbance includes the following sounds that unreasonably disturb or interfere with the peace, comfort, and repose of a reasonable person of ordinary sensitivities:

a. The frequent, repetitive, or continuous sounding of any horn or siren attached to a motor vehicle, except when used as a warning of danger or as specifically permitted or required by law.

b. The creation of frequent, repetitive, or continuous sounds in connection with the starting, operating, repairing, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine within a residential district.

c. Yelling, shouting, hooting, whistling, or singing on or near the public streets, between the hours of 10:00 p.m. and 7:00 a.m.

d. The creation of frequent, repetitive, or continuous sounds which emanate from any building, structure, apartment, condominium, or yard adjacent thereto, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings.

e. The creating of frequent, repetitive, or continuous sounds made by any animal, such as barking or howling, except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with Chapter 8.03 KCC shall be exempt from this provision.

f. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the real property of the operator. This provision shall not apply to such sounds emitted from scheduled events or activities at parks and recreational facilities such as public address systems for park or game events or concerts or similar park or recreation activities.

g. The creation of frequent, repetitive, or continuous sounds made in connection with outdoor construction or the movement of construction related materials, including noise made by devices capable of producing sound by either striking or cutting objects, such as hammers, saws, or other equipment with internal combustion engines; provided, however, such sounds shall be exempt from the provisions of this code under the following circumstances:

i. During the hours of 7:00 a.m. through 8:00 p.m., Monday through Sunday; or

ii. In commercial areas not adjacent to residential areas.

B. The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace.

C. Public disturbance is a misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4072, § 1, 2-19-13; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.200)

9.02.690 Disruption of public facilities.

A. A person is guilty of disruption of a public facility if he or she enters or remains in a public facility and:

1. Intentionally interferes with the proper functioning of the public facility by causing a substantial disruption of the public facility or the activities occurring at the public facility; or

2. Intentionally interferes with the use of the public facility by other members of the public and such interference is caused while the person is using the public facility in a manner other than that for which the public facility was intended.

B. As used in this section, the term public facility shall include, but not be limited to, the facilities commonly referred to as the Kent Commons, the Kent Resource Center, the Kent Senior Activity Center, the Riverbend Golf Complex, the Kent Library, Kent City Hall, the Centennial Center, the Kent Municipal Court, the Kent Corrections Facility, the ShoWare Center located at 625 W. James Street, and any other building, structure, equipment, and adjoining grounds and appurtenances of city, county, state, and federal government offices.

C. A violation of this section is a misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3910, § 1, 2-17-09; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.210)

9.02.700 Public events – Criminal activity.

A. Interference with public events. No person shall physically interfere with any public event activity in a manner which: (1) disrupts the activity to the extent it makes it difficult for the activity to continue; or (2) causes viewers or participants (including vendors) to be distracted to the extent the viewing of or the participation in the activity is obstructed, restrained, or inhibited. For purposes of this section, activity shall include any parade, performance, processing, race, game, exhibition, or similar activity that is conducted on a public street or public place and is an official part of a public event. The term public event shall mean any event(s) sponsored or cosponsored by, in conjunction with, or endorsed by any public, quasi-public, or civic entity for the benefit of the public.

B. Violation/penalty. Any violation of subsection (A) of this section shall constitute a misdemeanor.

C. Criminal trespass. Any person who:

1. Violates this section of the Kent City Code;

2. Commits any offense against public peace as set forth in this chapter, including, but not limited to, indecent exposure, urinating in public, public disturbance, disorderly conduct, and failure to disperse, while attending or in conjunction with a public event;

3. Commits a crime against a person as set forth in this chapter, including, but not limited to, assault in the fourth degree and provoking assault, while attending or in conjunction with a public event; or

4. Commits a felony while attending or in conjunction with a public event;

may be ordered removed from the property on which the event is held by any person(s) having lawful authority over the event or by a law enforcement officer. Such an order may prohibit the person from returning to the property on which the event is held for the duration of the event if there is cause to believe that further violations would occur if the person were allowed to return. Such order shall apply to event areas both on and off public streets and public places. Any violation of such an order lawfully issued shall constitute criminal trespass pursuant to Chapter 9A.52 RCW.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.220)

9.02.710 Public facility – Illegal activity – Exclusion.

A. The city council finds that, from time to time, the right of the general public to enjoy public facilities provided by the city is infringed upon by persons who engage in disruptive, unsafe, or otherwise prohibited activity at the public facilities. This behavior is often engaged in by a comparatively small number of repeat offenders. The city council further finds that the right of persons who engage in such activities to remain at or frequent public facilities is outweighed by the right of law-abiding citizens to use such facilities without the interference or fear of the illegal activity of others.

B. Whenever a police officer has probable cause to believe that a person has committed any act set forth in subsection (F) of this section on or at any public facility as described in subsection (G) of this section, the officer may, by written order, exclude that person from entering the public facility where the act was committed; provided, further, that if the public facility where the act was committed is part of a public facility assemblage as described in subsection (H) of this section, the officer may, by written order, exclude that person from entering all public facilities within that assemblage.

C. If the offender:

1. Has not been issued an exclusion notice within one year prior to the violation or the current violation is not a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of 45 days from the date of the exclusion notice.

2. Has been issued an exclusion notice within the one year prior to the current violation or the current violation is a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of 90 days from the date of the exclusion notice.

3. Has been issued two or more exclusion notices from the same public facility or public facility assemblage in which the current violation has occurred within the one year prior to the current violation, then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of 364 days from the date of the exclusion notice.

4. Has been issued two or more exclusion notices within the one year prior to the current violation and, in combination, the current violation and those prior violations did not occur at the same public facility or within the same public facility assemblage, or if the offender has been issued one exclusion notice based on a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence within the one year prior to the current violation, then the officer may exclude the offender from all public facilities for a period of 364 days from the date of the exclusion notice.

D. The exclusion notice shall be in writing and shall contain the date of issuance, shall specify the duration and location of exclusion, and shall be signed by the issuing officer. A warning of the consequences for failure to comply with the exclusion notice, as well as procedures for seeking review of the exclusion, shall be contained within the exclusion notice.

E. The person subject to the exclusion notice shall have the right to a hearing to seek the modification or rescission of the exclusion. For the purposes of exclusion modification or rescission hearings, the city’s hearing officer shall be the city of Kent’s director of parks, recreation, and community services or his/her designee, or the person acting in the position of the director or designee in his/her absence.

1. A request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice for which the hearing is sought. The request shall contain the address of the offender, and it shall be the responsibility of the offender to notify the hearing officer of any change of address. The hearing shall occur and a decision be rendered within 10 business days after the city’s hearing officer receives the request for hearing. Notice of the hearing shall be effective upon the third business day after placement of the notice in the mail to the address provided by the offender.

2. The parties to the hearing shall be the city and the offender. At the hearing, the violation that forms the basis for the exclusion notice must be proved by a preponderance of the evidence in order to uphold the exclusion. The offender need not be charged with a crime or civil infraction in a court of law, and need not be convicted or found to have committed the alleged violation in a court of law for the exclusion to be upheld. The city’s hearing officer shall consider the exclusion notice and a sworn report or a declaration made under penalty of perjury as authorized by RCW 9A.72.085, written by the police officer who issued the exclusion notice, without further evidentiary foundation. Both the city and the offender may submit physical or written evidence, or call witnesses to testify. The city’s hearing officer may consider information and evidence that would not be admissible in a court of law under the evidence rules but which the hearing officer considers relevant and trustworthy. Each party shall be responsible for securing the attendance of any witnesses it intends to call to testify.

3. If the violation is proved, the exclusion notice shall be upheld; however, upon good cause shown, the city’s hearing officer may shorten the duration of the exclusion. If the violation is not proved by a preponderance of the evidence the city’s hearing officer shall rescind the exclusion. If an exclusion is rescinded, it shall not be considered a prior exclusion for the purposes of subsection (C) of this section.

4. The decision of the city’s hearing officer is final. An offender seeking judicial review of a decision of the city’s hearing officer shall file an appeal or an application for a writ of review in the King County superior court within 14 days of the date of the decision.

5. The exclusion shall remain effective during the pendency of any administrative or judicial proceeding.

6. The determination of the city’s hearing officer shall not have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding.

F. An act which may result in the issuance of a written order excluding a person from a public facility or public facility assemblage may consist of any of the following when committed on or at a public facility:

1. Any act that qualifies as a felony crime;

2. Any act that qualifies as a gross misdemeanor or misdemeanor crime, excluding all traffic offenses except for violations of RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, and 46.61.525;

3. Any act that qualifies as a violation of RCW 66.44.100 or 69.50.445;

4. Any act that qualifies as a violation of:

a. KCC 4.01.020 Same – Damaging property.

b. KCC 4.01.030 Same – Animals.

c. KCC 4.01.040 Same – Discharging weapons, fireworks.

d. KCC 4.01.080 Prohibited activities – Speed limits, vehicles, and horses.

e. KCC 4.01.100 Same – Littering.

f. KCC 4.01.120 Same – Fires.

g. KCC 4.01.130 Same – Alcoholic beverages.

h. KCC 4.01.140 Same – Golf.

i. KCC 4.01.150 Use of facilities.

j. KCC 4.01.160 Hours.

k. KCC 4.01.190 Sales of refreshments.

l. KCC 4.01.210 Traffic regulations.

5. Any act that qualifies as a violation of KCC 9.02.840, Urinating in public.

G. For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds, appurtenances, and parking areas of any of the following when located within the city of Kent:

1. Any building maintained or operated by the city of Kent, King County, or the state of Washington.

2. Any park maintained by the city of Kent, King County, or the state of Washington.

3. Any recreational area maintained by the city of Kent, King County, or the state of Washington, including but not limited to any skateboard park, the Kent Commons, the Kent Senior Activity Center, the Kent Resource Center, the Riverbend Golf Complex, the Green River Trail, the Green River Natural Resources Area, and the Interurban Trail.

4. The city’s ShoWare Center, located at 625 W. James Street.

5. The bodies of water known as Lake Meridian and Lake Fenwick and associated boat ramps and areas of ingress and egress.

6. Any public school maintained by the city of Kent, the Kent School District, King County, or the state of Washington.

7. The watershed areas owned and operated by the city of Kent, including Armstrong Springs, Clark Springs, and Kent Springs.

8. Any public library or pool maintained by the city of Kent, King County, or the state of Washington.

H. For the purpose of this section, a public facility assemblage consists of a group of public facilities so related to one another geographically that exclusion from one public facility within the group would be ineffective without exclusion from the other or others in the same group. A violation occurring at any public facility within a public facility assemblage shall be deemed to have occurred within the public facility assemblage. Public facility assemblages include the following:

1. Downtown public facility assemblage, consisting of Town Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Kherson Park, Mill Creek Canyon Earthworks Park, Rosebed Park, Titus Railroad Park, Uplands Playfield, and the Kent Library.

I. The violation of an exclusion notice is a misdemeanor.

(Ord. No. 3955, § 2, 5-18-10; Ord. No. 4076, § 1, 3-19-13; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.230)

9.02.720 Escape.

A. A person is guilty of escape if:

1. Without lawful authority, he or she intentionally removes himself or herself from the custody of a court, police officer, detention facility, registered location where work is performed pursuant to work release, or registered location where he or she is serving any portion of jail time on electronic home monitoring or detention; or

2. He or she fails to return himself or herself to the custody of the court, police officer, or detention facility following temporary leave lawfully granted by a court or Kent corrections.

B. For the purposes of this section, custody means:

1. Restraint by a police officer pursuant to a lawful arrest for an offense; or

2. Restraint pursuant to an order of a court, including:

a. The detention of a person pursuant to a court issued arrest warrant;

b. A verbal or written order to detain a person during a court appearance;

c. The detention of a person pending and during trial;

d. Detention of a person pending sentencing or pursuant to a sentence of a court;

e. Detention of a person pursuant to the revocation of a period of a sentence initially suspended by a court;

f. Detention of a person pursuant to an electronic home monitoring or electronic home detention program, regardless of the location that the person who is in custody is registered or required to be;

g. Detention of a person pursuant to a work release or work crew program, regardless of the location that the person who is in custody has listed or registered as the location of their work; or

h. Detention of a person pursuant to a day reporting program, regardless of the location that the person who is in custody has listed or registered as the location that he or she reports to.

C. A person who violates this section shall be guilty of a gross misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.240)

9.02.730 Damage, theft, abandonment, or improper use of an electronic home detention or monitoring device.

A. A person is guilty of damage, theft, abandonment, or improper use of an electronic home detention or monitoring device if:

1. The person intentionally causes damage to any component of the electronic home detention or monitoring device;

2. The person exerts unauthorized control over an electronic home detention or monitoring device;

3. The person abandons the electronic home detention or monitoring device; or

4. The person fails to return the electronic home detention or monitoring device to Kent corrections or its lawful owner within 24 hours of interrupting or terminating the proper use of the device.

B. For the purposes of this section, the term damage shall have the same meaning as damages as that term is defined in RCW 9A.48.010.

C. For the purposes of this section, the phrase exerts unauthorized control shall be defined as it is in RCW 9A.56.010.

D. A person who violates this section shall be guilty of a gross misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.250)

9.02.740 Vehicle trespass prohibited – Penalty.

A. A person is guilty of vehicle trespass if he or she knowingly enters or remains unlawfully in a vehicle belonging to another.

B. As used in this section:

1. The word enter shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand.

2. A person enters or remains unlawfully in or upon a vehicle when he or she is not licensed, invited, or otherwise privileged to so enter or remain.

C. Vehicle trespass is a misdemeanor.

(Ord. No. 3835, § 1, 4-17-07; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.265)

9.02.750 Neglect of a child or dependent person.

A. A person is guilty of the crime of neglect of a child or dependent person if the person is a parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life, and with criminal negligence, the person:

1. Withholds any of the basic necessities of life; or

2. Maintains living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury; or

3. Supervises the child or dependent person and:

a. As a result of such supervision, the child or dependent person suffers bodily injury; or

b. The supervision creates a substantial risk that the child or dependent person will suffer bodily injury; or

4. Fails to supervise the child or dependent person and:

a. As a result of such failure, the child or dependent person suffers bodily injury; or

b. Such failure creates a substantial risk that the child or dependent person will suffer bodily injury.

B. In any prosecution for neglect of a child or dependent person, it shall be a defense that the withholding of the basic necessities of life or the maintenance of living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made.

C. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

D. Child means a person under 18 years of age.

E. Dependent person means a person who, because of physical or mental disability or because of advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home as defined in RCW 18.51.010, a resident of an adult family home as defined in RCW 70.128.010, and a frail, elderly, or vulnerable adult as defined in RCW 74.34.020(13) is presumed to be a dependent person for purposes of this section.

F. For the purposes of this section, bodily injury means physical pain, injury, illness, or impairment of physical condition that is more than minor or transient.

G. Neglect of a child or dependent person is a gross misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.270)

9.02.760 Offenses against police dogs.

No person shall willfully or maliciously torment, beat, kick, or strike any dog owned or being used by the police department in the performance of its official duties. No person shall willfully hinder, delay, or obstruct any dog used by a law enforcement officer in discharging or attempting to discharge his official duties. Any person violating the provisions of this section shall be guilty of a misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.280)

9.02.770 Provoking assault.

Every person who shall, by word, sign, or gesture, willfully provoke or attempt to provoke another person to commit an assault or breach of the peace shall be guilty of a misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.290)

9.02.780 Menacing.

A person is guilty of the crime of menacing when he or she intentionally follows or surveils another person and/or engages in a course of conduct that is intended to place a person in reasonable fear of “bodily injury” as that phrase is defined in RCW 9A.04.110.

A. Follows, as used in this section, means deliberately maintaining visual observation and/or physical proximity of a specific person or persons over a continuous period of time.

B. Violation of this section is a misdemeanor, the maximum penalty of which is 90 days in jail and a $1,000 fine.

(Ord. No. 4087, § 1, 9-3-13; Ord. No. 4107, § 1, 3-18-14; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.293.)

9.02.790 Definitions.

The following words and phrases, wherever used in KCC 9.02.800, 9.02.810, 9.02.820 and 9.02.830, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary:

A. Expressive conduct means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event that constitutes protected speech under the federal or state constitution.

B. Known prostitute, a person known to patronize prostitutes, or a person known to advance prostitution means a person who within one year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been convicted of an offense of prostitution, patronizing a prostitute, prostitution loitering, permitting prostitution, or promoting prostitution whether or not such conviction occurs under the Revised Code of Washington or comparable laws of municipalities in the state of Washington.

C. Patronizing a prostitute shall have the same meaning as set forth in RCW 9A.88.110 as now enacted or later amended or recodified.

D. Prostitution means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange of any item or service, or promise, but does not include sexual conduct engaged in as part of any stage performance, play, or other lawful and properly licensed entertainment open to the public.

E. Public place means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, including those which serve food or drink or provide entertainment or sell product, and the windows, doorways and entrances to buildings or dwellings and the grounds enclosing them, and structures from which customers can be served through a drive-up or walk-up window, door, or other means, whether or not access is restricted according to age.

F. Public place provided or set apart for nudity means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home.

G. Sexual conduct shall mean “sexual intercourse” or “sexual contact” as defined in RCW 9A.44.010 as currently enacted or later amended or recodified.

H. Walking or otherwise conducting oneself in a sexual manner shall mean the swaying of hips, drawing attention to one’s buttocks, legs, or breasts, grabbing oneself in the genitals or breasts, blowing kisses, or using one’s body or any part thereof to simulate sexual conduct.

(Ord. No. 4102, § 1, 1-21-14; Ord. No. 4107, § 2, 3-18-14; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.295)

9.02.800 Lewd conduct.

A. A person is guilty of lewd conduct if, in a public place and under circumstances where such conduct is likely to be observed by a member of the public, the person intentionally:

1. Exposes any of his or her body parts without a full and opaque covering:

a. Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft;

b. Any part of the areola or nipple of the female breast; or

c. More than one-half of the part of the female breast located below the top of the areola;

2. Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered;

3. Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed with the intention of sexual arousal of one’s self or others;

4. Masturbates; or

5. Engages in sexual intercourse or sexual contact as those terms are defined in Chapter 9A.44 RCW.

B. Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this section.

C. This section shall not be construed to prohibit:

1. The act of breastfeeding or expressing breast milk;

2. Classes, seminars, and lectures held for serious scientific or educational purposes;

3. Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in Chapter 5.10 KCC or other law;

4. Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to Chapter 5.10 KCC;

5. Conduct of licensed employees working in adult businesses operating pursuant to Chapter 5.10 KCC, provided the conduct is not exposed to a person under 18 years of age; or

6. Conduct of a child under 10 years of age.

D. Lewd conduct is a misdemeanor.

(Ord. No. 4102, § 1, 1-21-14; Ord. No. 4107, § 2, 3-18-14; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.296)

9.02.810 Facilitating lewd conduct.

The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in KCC 9.02.800. Facilitating lewd conduct is a misdemeanor.

(Ord. No. 4102, § 1, 1-21-14; Ord. No. 4107, § 2, 3-18-14; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.297)

9.02.820 Prostitution loitering.

A. A person is guilty of prostitution loitering if he or she intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute.

B. Among the circumstances which may be considered in determining whether the actor intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute are that he or she:

1. Repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation;

2. Repeatedly stops or attempts to stop occupants of a motor vehicle or motorcycle by hailing, waving, or beckoning to the occupants using words or conduct, or attempts to obtain the attention of the occupants by walking or otherwise conducting oneself in a sexual manner;

3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts, or attempts to stop pedestrians;

4. Circles or repeatedly returns to an area known by the police as an area of prostitution;

5. Is a known prostitute, a person known to patronize prostitutes, or a person known to promote, permit, or advance prostitution;

6. Inquires whether another is a police officer, searches for articles that would identify a police officer, or exposes his or her genitals or her breasts, or requests the other to touch his or her genitals or her breasts to prove that the other is not a police officer; or

7. Utilizes Internet websites, publications or social media including but not limited to Backpage.com, Craigslist.com, or the Stranger to solicit, induce, entice, or procure another to commit the crime of prostitution or patronizing a prostitute.

C. The crime of prostitution loitering may be deemed to have been committed either at the physical location where the loitering occurred or at the location where the person agrees to meet someone they solicit for acts of prostitution as defined in Chapter 9A.88 RCW.

D. Prostitution loitering is a misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3715, § 1, 10-5-04; Ord. No. 4102, § 2, 1-21-14; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.300)

9.02.830 Stay out of areas of prostitution orders.

A. Findings. The high risk prostitution areas set forth in subsection (E) of this section are frequented by persons who seek out or provide prostitution services. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes, and those who promote prostitution. Many of these areas extend beyond the jurisdiction of the city of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tukwila, and Renton. These surrounding cities have enacted similar ordinances as a tool to combat the prostitution problem. Due to the volume of persons involved in the prostitution trade, adjacent private property owners suffer economic loss due to trash, human waste, and lost business. Community members suffer from traffic congestion and an increased risk to public health and safety. The high risk prostitution areas set forth in subsection (E) of this section suffer a much higher incidence of prostitution-related crimes than other areas of the city.

B. Stay out of areas of prostitution orders, hereinafter known as “SOAP” orders, may be issued by the Kent municipal court to anyone charged with prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of pretrial release.

C. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of probation.

D. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pretrial release or of probation and in the officer’s presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pretrial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order.

E. The SOAP order shall warn the person named in the order to stay out of the following “high risk prostitution areas”:

1. Pacific Highway South from the south side of South 272nd Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses.

2. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses.

3. South 240th Street from the 2700 block through the 3200 block, including all adjacent businesses.

4. Central Avenue North/84th Avenue South from Novak Lane to South 222nd Street, including all adjacent businesses.

5. 83rd Avenue South from South 228th Street to South 224th Street, including all adjacent businesses.

F. A person is deemed to have notice of the SOAP order when:

1. The signature of the person named in the order, or the signature of his or her attorney, is affixed to the bottom of the order, signifying that he or she has read the order and has knowledge of the contents of the order; or

2. The order recites that the person named in the order or the person’s attorney appeared in person before the court.

G. The written SOAP order shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under Ch. 9.02 KCC and will subject the violator to arrest.”

H. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punishable by a fine of not more than $1,000 or imprisonment for not more than 90 days, or both such fine and imprisonment.

I. Pursuant to Section 1(1)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 § 1), the high risk prostitution areas identified in subsection (E) of this section are the areas where vehicles are subject to impoundment for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor. These high risk prostitution areas shall be identified by the placement of clear and conspicuous signs.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3920, § 1, 6-16-09; Ord. No. 4102, § 2, 1-21-14; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.310)

9.02.840 Urinating in public.

A. A person is guilty of urinating in public if the person intentionally urinates or defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.

B. Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed $250.00.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.320)

9.02.850 Possession of drug paraphernalia.

It is unlawful for any person to possess drug paraphernalia, as defined in RCW 69.50.102. A person who violates this section shall be guilty of a misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.330)

9.02.860 Contaminated property – Order of Seattle-King County department of public health prohibiting use or entry – Violation.

A. Whenever an order is issued pursuant to RCW 64.44.030, as that law is now enacted or later amended or recodified, which restrains a person or the public from entering upon or using property, and that order is posted in a conspicuous place on the property, a violation of the provisions restraining use or entry shall be a gross misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

B. Whenever an order is issued pursuant to RCW 64.44.030, as that law is now enacted or later amended or recodified, which restrains a person or the public from entering upon or using property, and that order is posted in a conspicuous place on the property, the removal or damage of such order shall be a gross misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

(Ord. No. 3716, § 1, 10-5-04; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.335)

9.02.870 Sale, manufacture, possession of certain weapons.

Any person who sells, manufactures, purchases, possesses, or carries:

1. Any device commonly known as nunchuka sticks, consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or

2. Any device commonly known as throwing stars, which are multipointed, metal objects designed to embed upon impact from any aspect in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons;

is guilty of a gross misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.340)

9.02.880 Possession of firearms or dangerous weapons at Kent Commons – Unlawful.

A. Subject to the exceptions set forth in subsections (B) and (C) of this section, it shall be unlawful for any person to possess a firearm; a dagger, sword, or knife with a blade in excess of three inches; or any other weapon apparently capable of producing bodily harm, inside of the premises known as the Kent Commons located at 525 North Fourth Avenue in the city of Kent.

B. The prohibition to possession of a firearm shall not apply to a person licensed to carry a concealed weapon pursuant to RCW 9.41.070 or a person exempted from the licensing requirement by RCW 9.41.060.

C. This section shall not apply during shows, demonstrations, or lectures involving the exhibition of firearms or other weapons.

D. For the purposes of this section, firearm means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

E. This section shall only apply to those areas of the Kent Commons that are within the Kent Commons building or that are contained to an area adjacent to the building by a temporary barrier during use for an event hosted by the Kent Commons.

F. A person who violates this section shall be guilty of a misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.350)

9.02.890 Nonincendiary devices.

A. For the purposes of this chapter, a nonincendiary device shall include, without limitation, any stink bomb, stink paint, tear bomb, tear shell, explosive, or flame-producing device, acid bomb, dry ice bomb, or any other device, material, chemical, or substance, that, when exploded, opened, used, or otherwise deployed does or will annoy, injure, endanger, or inconvenience any person or persons.

B. Any person who shall: (1) deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any place; (2) counsel, aid, assist, encourage, incite, or direct any other person or persons to deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any place; (3) have in his or her possession for the purpose of depositing, leaving, placing, spraying, scattering, spreading, throwing, or otherwise deploying in any building or any place; (4) counsels, aids, assists, encourages, incites, or directs any other person or persons to deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any place; any non-incendiary device shall be guilty of a gross misdemeanor.

C. Anyone who enhances any nonincendiary device by adding, either internally or externally, any additional material that would create greater damage by becoming fragmentation or shrapnel will be subject to a mandatory minimum penalty of 90 days in jail that cannot be served on work release or electronic home monitoring.

D. This section shall not apply to persons in the military service or commissioned law enforcement officers actually engaged in the performance of his or her duty or training or in the course of any training acting pursuant to orders from competent authority, nor shall this section apply to any property owner or person acting under his or her authority in providing protection against the commission of a felony.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.360)

9.02.900 Hobby cannon fuse material – Sale transaction – Written record required.

A. Every gun store, gun dealer, or gun show doing business in the city shall maintain a written record of any sale or exchange of fuse material used for the purpose of detonating hobby cannons. This record shall be in English and shall be written or electronically stored in an easily obtainable manner. The following information must be documented for each sale or exchange transaction:

1. The signature of the person with whom the transaction is made;

2. The date and time of the transaction;

3. The name of the person or employee or the identification number of the person or employee conducting the transaction;

4. The name, date of birth, sex, address, and telephone number of the person with whom the transaction is made;

5. The type of identification, including identifying number, used by the person with whom the transaction was made; and

6. The amount of cannon fuse purchased.

B. The type of identification relied upon for the sale or exchange must consist of:

1. A valid driver’s license or identification card issued by any state; or

2. Two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified.

At all times, at least one piece of current governmental identification will be required.

C. This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open for inspection by any commissioned law enforcement officer. The person or entity who conducted the sale or exchange shall maintain these records for at least three years following the date of the transaction.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.370)

9.02.910 Violation of no contact order also contempt.

The violation of any order issued by the Kent municipal court pursuant to Chapter 10.99 RCW shall also constitute contempt of court, and is subject to the penalties prescribed by law.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.380)

9.02.920 Probation violations.

A. For purposes of this section, the word probationer means any person who, after conviction of violation of an ordinance of the city or a law of the state, or after entry of a deferred prosecution, has been placed on probation in connection with a suspended sentence, deferred sentence, or deferred prosecution by either a district court, municipal court, or superior court.

B. Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of his probation, is in such police officer’s presence and is violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, the police officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended and, for such purpose, the police officer may arrest such probationer without warrant or other process.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3737, § 1, 4-5-05; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.390)

9.02.930 Court costs – Jail medical costs.

A. In addition to the penalties set forth in KCC 9.02.940, costs in all criminal actions may be imposed as authorized by law or court rule.

B. As part of any judgment and sentence, the court may order a defendant to repay all or part of the medical costs incurred by the city or any medical care provider during confinement of the defendant. Any costs not paid by a defendant that are due and owing shall be collected by the court in the same manner that other costs are collected.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.400)

9.02.940 Violations – Penalty.

Unless otherwise provided in this chapter, violation of any provision of this chapter shall be punishable by:

1. Gross misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

2. Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.410)

Up Previous Next

The Kent City Code is current through Ordinance 4209, passed July 19, 2016.

Disclaimer: The City Clerk's Office has the official version of the Kent City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

City Website: http://kentwa.gov/
City Telephone: (253) 856-5725

Code Publishing Company

View Web Version