Chapter 9.05 CRIMINAL CODE

C. The provisions of this code do not apply to, or govern the construction of and punishment for any offense committed prior to 12:01 a.m. on March 1, 1998, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of the law existing in the City at the time of the commission thereof in the same manner as if this code had not been enacted.

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

E. Section captions are for organizational purposes only and shall not be construed as part of this code. (Ord. O-98-54 § 1).

9.05.020 Purposes – Principles of construction.

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

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

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

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

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

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

C. In adopting State statutes by reference, only those crimes and offenses under the jurisdiction of a municipality are intended to be adopted, and in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. (Ord. O-98-54 § 2).

9.05.030 City criminal jurisdiction.

Any person who commits any offense defined by this code, in whole or in part, within the corporate limits of the City is liable to arrest, prosecution and punishment. (Ord. O-98-54 § 3).

9.05.040 Classes of crimes.

Any offense defined by this code, for which a sentence of imprisonment is authorized, constitutes a violation of City ordinance and is a crime. Crimes are classified as gross misdemeanors or misdemeanors. (Ord. O-98-54 § 4).

9.05.050 Punishment and restitution.

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

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

C. A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.

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

E. In the event there is a conflict in the penalties which can be imposed upon conviction for a specific offense between the provisions of the Maple Valley Criminal Code and the Revised Code of Washington, the penalty provisions of the Revised Code of Washington shall apply. (Ord. O-98-54 § 5).

9.05.060 Limitation of action.

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

B. Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this State.

C. If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. (Ord. O-98-54 § 6).

9.05.070 Proof beyond a reasonable doubt.

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

B. When an offense has been proven against a person but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. (Ord. O-98-54 § 7).

9.05.080 General provisions – Adoption by reference.

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

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.

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

9A.04.060 Common law to supplement statutes.

9A.04.070 Who amenable to criminal statutes.

9A.04.090 Application of general provisions of code.

9A.04.110 Definitions.

(Ord. O-98-54 § 8).

9.05.090 Principles of liability.

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

RCW

9A.08.010 General requirements of culpability.

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

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

(Ord. O-98-54 § 9).

9.05.100 Defenses.

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

RCW

9A.12.010 Insanity.

9A.16.010 Definitions.

9A.16.020 Use of force – When lawful.

9A.16.030 Homicide – When excusable.

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

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

9A.16.060 Duress.

9A.16.070 Entrapment.

9A.16.080 Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense.

9A.16.090 Intoxication.

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

(Ord. O-98-54 § 10).

9.05.110 Anticipatory offenses.

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

RCW

9A.28.020 Criminal attempt.

9A.28.030 Criminal solicitation.

9A.28.040 Criminal conspiracy.

(Ord. O-98-54 § 11).

9.05.120 Abandoned refrigeration equipment.

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

RCW

9.03.010 Abandoning, discarding refrigeration equipment.

9.03.020 Permitting unused equipment to remain on premises.

9.03.040 Keeping or storing equipment for sale.

(Ord. O-98-54 § 12).

9.05.130 Advertising – Crimes relating to.

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

RCW

9.04.010 False advertising.

9.04.040 Advertising cures of lost sexual potency – Evidence.

9.04.090 Advertising fuel prices by service station.

(Ord. O-98-54 § 13).

9.05.140 Alcoholic beverage control.

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

RCW

66.04.010 Definitions.

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

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

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

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

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

66.32 Search and seizure. (Entire chapter.)

66.44 Enforcement – Penalties. (Entire chapter.)

(Ord. O-98-54 § 14).

9.05.150 Alcoholic beverage control –Opening or consuming liquor or possessing open container of liquor in public place.

Except as provided by RCW Title 66 or MVMC 9.05.510 relating to parks, any person who possesses an open container of liquor in a public place is guilty of a misdemeanor and shall be fined not more than $100.00; provided, that this provision shall not apply to containers kept in the trunk of a vehicle or in an area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. (Ord. O-98-54 § 15).

9.05.160 Animals – Crimes relating to.

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

RCW

9.08.020 Diseased animals.

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

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

(Ord. O-98-54 § 16).

9.05.170 Animals – Injury to.

Any person who willfully and without authority in law kills, maims or disfigures an animal belonging to another, or exposes any poisons or noxious substance with intent that it should be taken by such animal, is guilty of a misdemeanor. (Ord. O-98-54 § 17).

9.05.180 Assault and other crimes relating to person.

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

RCW

9A.36.041 Assault in the fourth degree.

9A.36.050 Reckless endangerment in the second degree.

9A.36.070 Coercion.

(Ord. O-98-54 § 18).

9.05.190 Avoidance of intersection.

It shall be unlawful for any person operating a motor vehicle upon the streets or highways of the City to turn such vehicle either to the right or to the left upon approaching or leaving an intersection and to proceed across any private property for the purpose of avoiding the intersection or any traffic-control device controlling the intersection, unless so directed by proper authorities. Violation of this section is a traffic infraction for which the monetary penalty shall be no more than $71.00. (Ord. O-98-54 § 19).

9.05.195 Boating regulations.

The following provisions of the King County Code as presently constituted are adopted by reference:

KCC

12.44.320 Pipe Lake – Lake Lucerne restrictions.

12.44.570 Penalty.

12.44.730 Enforcement.

12.44.820 Lake Wilderness restrictions.

(Ord. O-98-63 § 1; Ord. O-98-54 § 19A).

9.05.200 Competitive bidding.

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

RCW

9.18.120 Suppression of competitive bidding.

9.18.130 Collusion to prevent competitive bidding.

9.18.140 Penalty.

(Ord. O-98-54 § 20).

9.05.210 Controlled substances.

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

RCW

69.50.101 Definitions.

69.50.102 Drug paraphernalia – Definitions.

69.50.309 Containers.

69.50.4011 Counterfeit substances – Penalties.

69.50.4013 Possession of controlled substance – Penalty – Possession of useable cannabis, cannabis concentrates, or cannabis infused products – Delivery.

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

69.50.408 Second or subsequent offenses.

69.50.412 Prohibited acts: E – Penalties.

69.50.420 Violations – Juvenile driving privileges.

69.50.505 Seizure and forfeiture.

69.50.506 Burden of proof, liabilities.

69.50.509 Search and seizure of controlled substances.

(Ord. O-23-778 § 1; Ord. O-18-650 § 1; Ord. O-04-275 § 1; Ord. O-98-54 § 21).

9.05.211 Precursor drugs.

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

RCW

69.43.010 Report to State board of pharmacy – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties.

69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Penalties.

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

(Ord. O-04-266 § 1).

9.05.220 Controlled substances – Minors.

No owner, manager, proprietor or other person in charge of any room in any place of business where any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is sold, or displayed for the purpose of sale, may allow or permit any person under the age of 18 years to be in, remain in, enter or visit such room unless such minor person is accompanied by a parent or legal guardian. (Ord. O-98-54 § 22).

9.05.230 Controlled substances – Minors excluded.

No person under the age of 18 years may be in, remain in, enter or visit any room in any place used for the sale or displaying for sale of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless such person is accompanied by a parent or legal guardian. (Ord. O-98-54 § 23).

9.05.240 Controlled substances – Sale and display rooms.

No person may maintain, in any place of business to which the public is invited, the display for sale or the offering to sell of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be posted with a sign in reasonably visible and legible words to the effect that items which are defined as drug paraphernalia under this chapter are being offered for sale in such a room and that minors, unless accompanied by a parent or legal guardian, are excluded. (Ord. O-98-54 § 24).

9.05.250 Controlled substances – Sale restriction.

No person shall sell or give, or permit to be sold or given to any person under the age of 18 years, any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs. (Ord. O-98-54 § 25).

9.05.260 Controlled substances – Nuisance.

The distribution or possession for the purpose of sale, exhibition or display, in any place of business from which minors are not excluded as set forth in this code, of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is declared to be a public nuisance and may be abated by the City. This remedy shall be in addition to any other remedy provided by the law including the penalty provision applicable for the violation of the terms and provisions of this code. (Ord. O-98-54 § 26).

9.05.270 Controlled substances – Violation – Penalty.

Any person convicted of violating MVMC 9.05.230, 9.05.240, 9.05.250, or 9.05.260 shall be guilty of a misdemeanor. (Ord. O-98-54 § 27).

9.05.275 Drug-free zones – Enhanced penalty.

A. Pursuant to the authority of RCW 69.50.435, the City of Maple Valley’s Public Works Facility, Lake Wilderness Lodge and the Greater Maple Valley Community Center – The Den and the area extending 1,000 feet from the perimeter of these civic centers are designated as drug-free zones. Said drug-free zones are depicted on the map attached to the ordinance codified in this section as Exhibit A. A copy of Exhibit A shall be maintained in the offices of the Maple Valley City Clerk.

B. Definitions. The definitions of terms contained in RCW 69.50.435(6), as presently constituted or hereinafter amended, are adopted by reference. (Ord. O-13-538 §§ 1, 2).

9.05.280 Corporations – Crimes relating to.

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

RCW

9.24.010 Fraud in stock subscription.

(Ord. O-98-54 § 28).

9.05.290 Custodial interference.

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

RCW

9A.40.010 Definitions.

9A.40.070 Custodial interference in the second degree.

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

(Ord. O-98-54 § 29).

9.05.300 Disorderly conduct.

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

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

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

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

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

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

F. Fights by agreement, except as part of an organized athletic event. (Ord. O-98-54 § 30).

9.05.310 Disruption of school activities.

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

B. As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. (Ord. O-98-54 § 31).

9.05.320 Domestic violence protection.

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

RCW

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

10.99.020 Definitions.

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

10.99.040 Restrictions upon and duties of court.

10.99.045 Appearances by defendant – No-contact order.

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

10.99.055 Enforcement of orders.

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

GENERAL PROVISIONS

7.105.010 Definitions.

JURISDICTION AND VENUE

7.105.050 Jurisdiction – Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders.

7.105.060 Jurisdiction – Vulnerable adult protection orders.

7.105.070 Jurisdiction – Extreme risk protection orders.

7.105.075 Venue.

7.105.080 Personal jurisdiction over nonresidents.

7.105.095 Out-of-state child custody jurisdictional issues.

FILING

7.105.100 Filing – Types of petitions.

7.105.105 Filing – Provisions governing all petitions.

7.105.110 Filing – Provisions applicable to specified orders.

7.105.115 Forms, instructions, etc. – Duties of the administrative office of the courts – Recommendations for filing and data collection.

7.105.120 Filing – Court clerk duties.

SERVICE

7.105.150 Service – Methods of service.

7.105.155 Service – Completion by law enforcement officer.

7.105.160 Service – Materials.

7.105.165 Service – Timing.

7.105.175 Service – Development of best practices.

HEARINGS

7.105.200 Hearings – Procedure.

7.105.205 Hearings – Remote hearings.

7.105.210 Realignment of parties – Domestic violence and antiharassment protection order proceedings.

7.105.215 Hearings – Extreme risk protection orders.

7.105.220 Hearings – Vulnerable adult protection orders.

7.105.225 Grant of order, denial of order, and improper grounds.

7.105.230 Judicial information system consultation.

7.105.235 Compliance hearings.

7.105.240 Appointment of counsel for petitioner.

7.105.245 Interpreters.

7.105.250 Protection order advocates and support persons.

7.105.255 Judicial officer training.

ORDERS, DURATION, RELIEF, AND REMEDIES

7.105.300 Application – RCW 7.105.305 through 7.105.325.

7.105.305 Ex parte temporary protection orders – Other than for extreme risk protection orders.

7.105.310 Relief for temporary and full protection orders – Other than for extreme risk protection orders.

7.105.315 Duration of full protection orders – Other than for extreme risk protection orders.

7.105.320 Law enforcement stand-by to recover possessions – Other than for extreme risk protection orders.

7.105.325 Entry of protection order data – Other than for extreme risk protection orders.

7.105.330 Temporary protection orders – Extreme risk protection orders.

7.105.335 Full orders – Extreme risk protection orders.

7.105.340 Surrender of firearms – Extreme risk protection orders.

7.105.345 Firearms return and disposal – Extreme risk protection orders.

7.105.350 Reporting of orders – Extreme risk protection orders.

7.105.355 Sealing of records – Extreme risk protection orders.

7.105.360 Certain findings and information in orders.

7.105.365 Errors in protection orders.

7.105.370 Sealing of records – Recommendations.

7.105.375 Dismissal or suspension of criminal prosecution in exchange for protection order.

REISSUANCE AND RENEWAL

7.105.400 Reissuance of temporary protection orders.

7.105.405 Renewal of protection orders – Other than extreme risk protection orders.

7.105.410 Renewal – Extreme risk protection orders.

VIOLATIONS AND ENFORCEMENT

7.105.450 Enforcement and penalties – Other than antiharassment protection orders and extreme risk protection orders.

7.105.455 Enforcement and penalties – Antiharassment protection orders.

7.105.460 Enforcement and penalties – Extreme risk protection orders – False petitions.

7.105.465 Enforcement and penalties – Knowledge of order.

7.105.470 Enforcement – Prosecutor assistance.

MODIFICATION AND TERMINATION

7.105.500 Modification or termination – Other than extreme risk protection orders and vulnerable adult protection orders.

7.105.505 Termination – Extreme risk protection orders.

7.105.510 Modification or termination – Vulnerable adult protection orders.

7.105.515 Reporting of modification or termination of order.

MISCELLANEOUS PROVISIONS

7.105.550 Orders under this and other chapters – Enforcement and consolidation – Validity and enforcement of orders under prior chapters.

7.105.555 Judicial information system – Database.

7.105.560 Title to real estate – Effect of chapter.

7.105.565 Proceedings additional – Filing of criminal charges not required.

7.105.570 Other authority retained.

7.105.575 Liability.

7.105.580 Protection order commissioners – Appointment authorized.

(Ord. O-22-758 § 1 (Exh. A)).

9.05.330 Dumping of trash in waterways.

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

KCC

12.36.010 Dumping trash in waterways prohibited.

(Ord. O-98-54 § 33).

9.05.340 False alarms – Crimes relating to.

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

KCC

12.32 Crimes relating to false alarms. (Entire chapter.)

(Ord. O-98-54 § 34).

9.05.350 False representations.

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

RCW

9.38.010 False representation concerning credit.

9.38.020 False representation concerning title.

(Ord. O-98-54 § 35).

9.05.360 False swearing and tampering.

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

RCW

9A.72.010 Definitions.

9A.72.040 False swearing.

9A.72.050 Perjury and false swearing – Inconsistent statements – Degree of crime.

9A.72.060 Perjury and false swearing – Retraction.

9A.72.070 Perjury and false swearing – Irregularities no defense.

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

9A.72.140 Jury tampering.

9A.72.150 Tampering with physical evidence.

(Ord. O-98-54 § 36).

9.05.370 Fire alarms – Crimes relating to.

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

RCW

9.40.040 Operating engine or boiler without spark arrester.

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

(Ord. O-98-54 § 37).

9.05.380 Firearms and dangerous weapons.

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

RCW

9.41.010 Terms defined.

9.41.050 Carrying firearms.

9.41.060 Exceptions to restrictions on carrying firearms.

9.41.070 Concealed pistol license – Application – Fee – Renewal.

9.41.075 Concealed pistol license – Revocation.

9.41.080 Delivery to ineligible persons.

9.41.090 Dealer deliveries regulated – Hold on.

9.41.0975 Officials and agencies – Immunity, writ of mandamus.

9.41.098 Forfeiture of firearms – Disposition – Confiscation.

9.41.100 Dealer licensing and registration required.

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

9.41.120 Firearms as loan security.

9.41.140 Alteration of identifying marks – Exceptions.

9.41.170 Alien’s license to carry firearms – Exceptions.

9.41.230 Aiming or discharging firearms, dangerous weapons.

9.41.240 Possession of pistol by person from eighteen to twenty-one.

9.41.250 Dangerous weapons – Penalty.

9.41.260 Dangerous exhibitions.

9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions.

9.41.280 Possessing dangerous weapons on school facilities – Penalty – Exceptions.

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

9.41.810 Penalty.

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

KCC

12.48.010 Definitions.

12.48.020 Sale and registration.

12.48.030 Delivery following sheriff’s report.

12.48.040 Purchase unlawful for certain persons.

12.48.050 Violations.

(Ord. O-98-54 § 38).

9.05.385 Fireworks.

A. Definitions. The definitions of Chapter 70.77 RCW as now stated or hereinafter amended shall govern the construction of this section, when applicable, and are hereby adopted by this reference. A copy of the same shall be kept on file in the office of the City Clerk for public use and inspection. In addition, the following definitions shall apply throughout this chapter:

1. “Civil infraction” has the meaning given that term by Chapter 7.80 RCW, as now or hereafter amended, and the Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”) and any local rule adopted thereto by the King County District Court, as they may be now or hereafter amended.

2. “Property” shall mean real or personal property, and shall include, but is not limited to, any type of residential premises including a house, apartment, condominium, or any other type of dwelling unit; any type of commercial premises; and any type of motor vehicle.

B. Possession, Sale or Discharge of Fireworks Prohibited. It is unlawful for any person to possess, sell or discharge any fireworks within the City.

C. Permitting Possession, Sale or Discharge of Fireworks Prohibited. It is unlawful for any person to possess or control property within the City with knowledge that the property is being used for the possession, sale or discharge of fireworks, without making reasonable efforts to halt or abate such use.

D. Exception. This section does not apply to the following activities, when authorized by a State license and City permit:

1. Duly authorized public displays, as provided in RCW 70.77.290; and

2. Duly authorized use by religious organizations or private organizations or persons, as provided in RCW 70.77.311(2), if:

a. Purchased from a licensed manufacturer, importer, or wholesaler;

b. For use on prescribed dates and locations; and

c. For religious purposes.

E. Penalty and Enforcement. A violation of any offense under this section shall be punishable as a civil infraction for the first and second offenses and punishable as a misdemeanor for the third and subsequent offenses.

1. A civil infraction hereunder may be punished by a civil fine as follows:

a. Up to $250.00 for the first violation.

b. Up to $500.00 for the second violation.

2. A misdemeanor hereunder may be punished by imprisonment of up to 90 days or imposition of a fine of up to $1,000, or by both such fine and imprisonment. (Ord. O-20-707 § 2).

9.05.390 Shooting within the City limits.

Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor; provided, however, that the provisions of this section do not apply to a person acting in self defense, engaged in military activities sponsored by the federal or State governments, while engaged in official duties, law enforcement personnel, security personnel while engaged in official duties, or a person utilizing a properly licensed institutional, membership, and/or commercial shooting range. (Ord. O-98-54 § 39).

9.05.395 No hunting within City limits.

A. Purpose. The purpose of this section is to protect humans, domestic animals and property from the likelihood of injury resulting from the use of weapons used to hunt animals or birds within the City limits.

B. Definitions. For purposes of this section, the following words and phrases shall have the meaning hereafter provided:

1. “Hunt” shall mean any effort to kill, injure, or harass any animal or bird by any means, including firearm, bow and arrow, or any other object or device designed or intended to inflict injury, harm or death.

C. Prohibited Activities.

1. No Hunting. It shall be unlawful for any person to hunt, capture, trap or disturb any animal or bird, within the City limits.

2. Exceptions.

a. The provisions of this section shall not apply to the trapping or killing of rodents, including moles, rats and mice.

b. The provisions of this section shall not apply to law enforcement officers or officials from the Washington State Department of Fish and Wildlife engaged in the performance of their official duties.

D. Penalties.

1. Each person convicted of a violation of this section shall be guilty of a misdemeanor upon first conviction and upon a second or subsequent conviction shall be guilty of a gross misdemeanor.

2. Each individual animal or bird unlawfully hunted, taken or possessed in violation of this section shall constitute a separate offense. (Ord. O-21-718 § 1).

9.05.400 Fraud.

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

RCW

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

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

9.45.070 Mock auctions.

9.45.080 Fraudulent removal of property.

9.45.090 Knowingly receiving fraudulent conveyance.

9.45.100 Fraud in assignment for benefit of creditors.

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

9A.60.010 Definitions.

9A.60.040 Criminal impersonation in the first degree.

9A.60.045 Criminal impersonation in the second degree.

9A.60.050 False certification.

9A.61.010 Definitions.

9A.61.020 Defrauding a public utility.

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

9A.61.060 Restitution and costs.

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

KCC

12.08.010 Impersonating members of public safety department.

12.08.020 Selling or disposing of police badges prohibited.

12.08.030 Possessing badge with intent to impersonate officer.

12.08.040 Intent to impersonate presumed.

12.08.050 Penalty for violation.

(Ord. O-04-275 § 2; Ord. O-00-121 § 1; Ord. O-98-54 § 40).

9.05.410 Gambling offenses.

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

RCW

9.46.190 Violations relating to fraud or deceit.

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

9.46.195 Obstruction of public servant – Penalty.

9.46.196 Cheating.

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

9.46.210 Enforcement – Commission as law enforcement agency.

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

9.46.217 Gambling records – Penalty – Exceptions.

9.46.222 Professional gambling in the third degree.

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

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

9.46.240 Gambling information, transmitting or receiving.

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

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

(Ord. O-98-54 § 41).

9.05.420 Harassment.

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

RCW

9.61.230 Telephone harassment.

9.61.240 Telephone harassment –Permitting telephone to be used.

9.61.250 Telephone harassment – Offense, where deemed committed.

9.61.260 Cyberstalking.

9A.46.010 Legislative finding.

9A.46.020 Definition – Penalties.

9A.46.030 Place where committed.

9A.46.040 Court-ordered requirements upon person charged with crime – Violation.

9A.46.050 Arraignment – No-contact order.

9A.46.060 Crimes included in harassment.

9A.46.070 Enforcement of orders restricting contact.

9A.46.080 Order restricting contact – Violation.

9A.46.090 Nonliability of peace officer.

9A.46.100 “Convicted,” time when.

9A.46.110 Stalking.

(Ord. O-12-487 § 1; Ord. O-98-54 § 42).

9.05.425 Indecent exposure.

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

RCW

9A.88.010 Indecent exposure.

(Ord. O-18-649 § 1).

9.05.430 Inhaling toxic fumes.

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

RCW

9.47A.010 Definition.

9.47A.020 Unlawful inhalation – Exception.

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

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

9.47A.050 Penalty.

(Ord. O-98-54 § 43).

9.05.440 Juries – Crimes relating to.

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

RCW

9.51.010 Misconduct of officer drawing jury.

9.51.020 Soliciting jury duty.

9.51.030 Misconduct of officer in charge of jury.

(Ord. O-98-54 § 44).

9.05.445 Legend drugs.

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

RCW

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

(Ord. O-23-778 § 2).

9.05.450 Littering and pollution.

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

RCW

70.54.010 Polluting water supply.

70.93.060 Littering prohibited – Penalties.

70.160.020 –

70.160.070 Smoking prohibited.

(Ord. O-98-54 § 45).

9.05.455 Making a false or misleading statement to a public servant.

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

RCW

9A.76.175 Making a false or misleading statement to a public servant.

(Ord. O-19-658 § 1).

9.05.457 Making or possessing motor vehicle theft tools.

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

RCW

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

(Ord. O-19-662 § 1).

9.05.460 Miscellaneous crimes.

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

RCW

9.91.010 Denial of civil rights – Terms defined.

9.91.025 Unlawful bus conduct.

9.91.060 Leaving children unattended in parked automobile.

9.91.090 Fraudulent destruction of insured property.

9.91.110 Metal buyers – Records of purchases – Penalty.

9.91.130 Disposal of trash in charity donation receptacle.

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

KCC

28.96.010 Civil infractions – Misdemeanors.

28.96.020 General (public communication).

28.96.030 Transit vehicles and tunnel platform areas.

28.96.410 General (enforcement).

28.96.420 Immediate expulsion.

28.96.430 Suspension of use privileges.

28.96.440 Infractions – Penalty.

28.96.450 Misdemeanors – Penalty.

(Ord. O-98-54 § 47).

9.05.470 Misconduct in signing a petition.

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

RCW

9.44.080 Misconduct in signing a petition.

(Ord. O-98-54 § 48).

9.05.480 Noise.

A. General Prohibition. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.

B. Illustrative Enumeration. The following sounds are public disturbance noises in violations of this section:

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

2. The creation of frequent, repetitive, or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

3. Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

4. The creation of frequent, repetitive or continuous sounds which may emanate from any building, structure, automobile, apartment or condominium, which unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings, from 10:00 p.m. until 7:00 a.m. on weekdays, and from 10:00 p.m. until 8:00 a.m. on weekends.

5. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.

6. 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 property of the operator.

7. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools, hammering, motor vehicles, deliveries, including equipment/material drop-offs and pick-ups, and persons congregating between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, and between the hours of 5:00 p.m. and 9:00 a.m. on Saturdays. Sound originating from construction sites is prohibited on Sundays and holidays.

8. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to sounds from lawnmowers, powered hand tools, snow removal equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and between the hours of 10:00 p.m. and 8:00 a.m. on weekends; provided, however, that this subsection shall not apply to lawnmowers operating on public or private golf courses within the City limits.

9. Any domesticated animal which howls, yelps, whines, barks, or makes other noises, in such manner as to disturb any person or neighborhood to an unreasonable degree.

C. Exclusion. This section shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts between the hours of 9:00 a.m. and 10:30 p.m.

D. The use of engine compression brakes, or “Jake braking,” is prohibited within the City limits of Maple Valley, except when necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. For purposes of this subsection, “compression brakes” and “Jake braking” shall mean motor vehicle brakes which are activated or worked by the compression of the engine of a motor vehicle.

E. Penalty. Any person who violates any provision of subsections (A) through (D) of this section shall be subject to a civil fine not to exceed $71.00 for a first offense. Any person who violates any provision of this section for a second time within a one-year period shall be subject to a civil fine not to exceed $250.00. For third and subsequent offenses within a one-year period, the person shall be guilty of a misdemeanor. The Community Development Director, or their designee, is authorized to issue a stop work order in accordance with Chapter 4.60 MVMC for any construction project or development in violation of subsection (B)(7) of this section for noise violations subsequent to the first offense within a one-year period. This stop work order shall be issued for 24 hours. (Ord. O-23-787 § 1; Ord. O-18-647 § 1; Ord. O-00-119 § 1; Ord. O-98-55 § 1; Ord. O-98-54 § 49).

9.05.490 Obstructing governmental operation.

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

RCW

9.31.090 Escaped prisoner recaptured.

9.62.010 Malicious prosecution.

9.62.020 Instituting suit in name of another.

9A.76.010 Definitions.

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

9A.76.040 Resisting arrest.

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

9A.76.060 Relative defined.

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

9A.76.080 Rendering criminal assistance in the second degree.

9A.76.090 Rendering criminal assistance in the third degree.

9A.76.100 Compounding.

9A.76.130 Escape in the third degree.

9A.76.160 Introducing contraband in the third degree.

9A.76.170 Bail jumping.

(Ord. O-98-54 § 50).

9.05.500 Obstructing a law enforcement officer.

A. A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.

B. “Law enforcement officer” means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.

C. Obstructing a law enforcement officer is a gross misdemeanor. (Ord. O-11-457 § 1; Ord. O-98-54 § 51).

9.05.510 Parks.

A. Definitions.

1. “Department” means the City of Maple Valley Parks and Recreation Department.

2. Loitering – Unlawful – Determination. It is unlawful for any person to loiter or prowl in a place, at a time, or in a manner, and under circumstances that manifest an unlawful purpose or warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such unlawful purpose is manifested or such alarm is warranted include, but are not limited to, the following: flight by the person upon appearance of a law enforcement officer; refusal by the person to respond to law enforcement’s request for identification; or the person manifestly endeavoring to hide the person’s self or to conceal any object.

B. Loitering. Loitering is prohibited in restrooms in park and recreation facilities.

C. Damage to Property/Wildlife.

1. It is unlawful for any person except a duly authorized Department employee in the performance of the employee’s duties, or other person duly authorized pursuant to law, to remove, destroy, mutilate or damage any structure, lawn, monument, statue, vase, fountain, wall, fence railing, vehicle, bench, shrub, tree, geological formation, plant, flower lighting system, sprinkling system, gate, barricade or lock or other property lawfully in any park, or to remove sand, soil, or sod in any park. No person shall cut down, destroy, or in any way injure any vegetation, living or dead, in any park area unless authorized to do so by the Department. No person shall deface, damage or destroy any property, material or equipment which is under the jurisdiction of the Department.

2. Except for fishing and shellfishing in authorized areas, and subject to rules promulgated by the Washington Fish and Wildlife Commission, it is unlawful in any park in any manner to attempt to capture, tease, annoy, disturb, or strike any animal, with any stick, weapon or other device or throw or otherwise propel any missile or other object at or in the vicinity of any such animal.

D. Waste from Vehicles. No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles in any park area.

E. Intoxication. Being or remaining in or loitering about in a City park while in a state of intoxication is prohibited.

F. Interference with Trails. It shall be unlawful for any person to place, deposit, or otherwise cause or suffer to be located any structure, device, or natural or artificial thing that threatens or endangers any portion of a trail owned or maintained by the City of Maple Valley, or that tends to endanger persons traveling thereon, obstructs or tends to obstruct or constitutes a hazard to persons traveling thereon. This section shall not apply to employees of the City of Maple Valley in the performance of their duties or to persons acting pursuant to written direction of the City of Maple Valley.

G. Penalty. Any person found guilty of violating any provision of this section is guilty of a misdemeanor and is punishable, upon conviction, by a fine of $1,000 or by confinement in the City jail for a period not exceeding 90 days, or both.

H. Enforcement Methods. The City of Maple Valley Police Department shall enforce the provisions of this section. The initial method of enforcement shall be by a request for voluntary compliance.

I. Trespass. Any person who is found guilty of committing a crime on City park property may be trespassed from the City park at which the crime was committed. The crimes to which this provision applies are found in this title. (Ord. O-19-665 § 1; Ord. O-98-54 § 52).

9.05.520 Public disturbance.

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

RCW

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

9A.84.010 Riot.

9A.84.020 Failure to disperse.

9A.84.040 False reporting.

(Ord. O-98-54 § 53).

9.05.530 Public nuisances.

The following provisions of the Revised Code of Washington as presently constituted or hereafter amended are adopted by reference:

RCW

9.66.010 Public nuisance.

9.66.020 Unequal damage.

9.66.030 Maintaining or permitting nuisance.

9.66.040 Abatement of nuisance.

9.66.050 Deposit of unwholesome substance.

(Ord. O-98-54 § 54).

9.05.540 Reckless burning and malicious mischief.

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

RCW

9A.48.010 Definitions.

9A.48.050 Reckless burning in the second degree.

9A.48.060 Reckless burning – Defense.

9A.48.090 Malicious mischief in the third degree.

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

9A.56.180 Obscuring identity of a machine.

(Ord. O-98-54 § 55).

9.05.550 Roadside stands.

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

KCC

12.28.010 Unlawful to erect certain structures along roads.

12.28.020 Required distance from right-of-way.

12.28.030 Nuisance declared – Authority of engineer.

12.28.040 Violation – Misdemeanor.

(Ord. O-98-54 § 56).

9.05.560 Sexual offenses – Unlawful acts of prostitution or pandering.

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

KCC

12.63.010 Unlawful acts.

12.63.020 Known prostitute, panderer defined.

12.63.030 Definitions.

12.63.070 Public nuisance.

12.63.080 Evidence.

12.63.090 Additional evidence.

B. Any single conviction under this section within any period of 12 months shall be a misdemeanor. Any second or subsequent conviction under this section within any period of 12 months from a first or prior conviction of the same or similar offense shall be a gross misdemeanor.

C. The court may suspend all or a portion of the term of imprisonment or fine on condition that the convicted person never enter into, or be present in, any anti-prostitution emphasis area during the term of any such suspension or deferral. The court may further require AIDS testing and counseling, as a condition of suspension or deferral pursuant to RCW 70.24.350, at the defendant’s expense; provided, that King County, as agent for the City pursuant to interlocal agreement, may require such testing and counseling as provided in RCW 70.24.360 upon imprisonment in jail of any such convicted person. (Ord. O-98-54 § 57).

9.05.565 Sitting or lying down upon public sidewalk prohibited.

A. Prohibition. No person shall sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, during the hours between 7:00 a.m. and 9:00 p.m. in the commercial zones in the City of Maple Valley as identified in the City of Maple Valley’s zoning map, and as hereinafter amended.

B. Exceptions. The prohibition in subsection (A) of this section shall not apply to any person:

1. Sitting or lying down on a public sidewalk due to a medical emergency;

2. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;

3. Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit;

4. Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner.

Nothing in any of these exceptions shall be construed to permit any conduct which is prohibited by this or any other chapter of the Maple Valley Municipal Code.

C. Penalty. No person shall be cited under this section unless the person has been notified by a law enforcement officer that their conduct is prohibited by this section. A violation of this section shall be a civil infraction and shall be subject to a fine of up to $250.00, plus statutory assessment. If the person is unable to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty.

D. Notwithstanding and in lieu of the penalties provided under subsection (C) of this section, a violation of this section is a misdemeanor, punishable by a fine not to exceed $1,000, or imprisonment not to exceed 90 days, or by both such fine and imprisonment, if the offender has at least two prior violations of this section. (Ord. O-20-685 § 4).

9.05.570 Special offenses relative to minors.

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

RCW

9.68A.011 Definition.

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

9.68A.090 Communication with minor for immoral purposes.

9.68A.120 Seizure and forfeiture of property.

9.68A.140 Definitions.

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

9.68A.160 Penalty.

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

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

KCC

12.78.030 Written consent required to supply air gun and slingshot to minor.

12.78.040 Written consent to be kept as evidence.

12.78.050 Violation – Misdemeanor.

12.81.010 Responsibility of persons in charge of sale or display rooms containing paraphernalia evincing intent to violate Chapter 69.50 RCW.

12.81.020 Minors prohibited unless with guardian in places selling or displaying for sale certain paraphernalia.

12.81.030 Sale and display room requirements.

12.81.040 Violation – Penalty.

12.84.010 Definitions.

12.84.020 Dissemination of indecent materials to minors unlawful.

12.84.030 Dissemination of indecent materials to minors defined.

12.84.040 Presumptions.

12.84.050 Defenses.

12.84.070 Violation a misdemeanor.

(Ord. O-98-54 § 58).

9.05.580 Telephone credit cards.

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

RCW

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

9.26A.100 Definitions.

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

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

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

(Ord. O-98-54 § 59).

9.05.590 Tobacco use by minors.

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

RCW

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

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

(Ord. O-98-54 § 60).

9.05.600 Theft and possession of stolen property.

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

RCW

9A.56.010 Definitions.

9A.56.020 Theft – Definition, defense.

9A.56.050 Theft in the third degree.

9A.56.060 Unlawful issuance of checks or drafts.

9A.56.100 Theft and larceny equated.

9A.56.140 Possessing stolen property – Definition – Access devices, presumption.

9A.56.170 Possessing stolen property in the third degree.

9A.56.180 Obscuring the identity of a machine.

9A.56.220 Theft of subscription television services.

9A.56.230 Unlawful sale of subscription television services.

9A.56.240 Forfeiture and disposal of device used to commit violation.

9A.56.260 Connection of channel converter.

9A.56.270 Shopping cart theft.

(Ord. O-98-54 § 61).

9.05.610 Throwing objects at moving vehicles.

Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing, or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor. (Ord. O-98-54 § 62).

9.05.620 Trademarks and other marks.

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

RCW

9.16.030 Counterfeiting trademark, brand, etc.

9.16.040 Displaying goods with false trademark.

9.16.050 When deemed affixed.

9.16.060 Fraudulent registration of trademark.

9.16.070 Form and similitude defined.

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

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

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

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

9.16.120 Use of the word “sterling” on mounting.

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

9.16.140 Unlawfully marking article made of gold.

9.16.150 “Marked, stamped or branded,” defined.

(Ord. O-98-54 § 63).

9.05.630 Trespass and prowling.

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

RCW

9A.52.010 Definitions.

9A.52.060 Making or having burglar tools.

9A.52.070 Criminal trespass in the first degree.

9A.52.080 Criminal trespass in the second degree.

9A.52.090 Criminal trespass – Defenses.

9A.52.100 Vehicle prowling in the second degree.

9A.52.120 Computer trespass in the second degree.

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

(Ord. O-98-54 § 64).

9.05.635 Unauthorized public camping.

A. Definitions.

1. “Camping” means the use of property for living accommodation purposes including but not limited to any of the following:

a. Sleeping activities;

b. Making preparations to sleep;

c. Laying down of bedding for the purpose of sleeping;

d. Storing personal belongings;

e. Erecting any tent, tarpaulin, shelter, or other structure that would permit one to sleep overnight.

2. “City park” means all City-owned or operated parks and any improved or unimproved trails or open spaces, golf courses, beaches, playgrounds, shelters, restrooms, indoor facilities, athletic fields and parking lots, within the boundary of a City-owned or operated park.

B. Unauthorized Public Camping. It shall be unlawful for any person to camp on any publicly owned property, including City parks, streets, rights-of-way, sidewalks, or any other public areas of which the City, or other governmental entity, has a property interest, unless authorized by a Special Event Permit related to a City-sanctioned event or activity.

C. Penalty. Unauthorized public camping is a misdemeanor and shall be punished upon conviction of such violation by a fine of not more than $1,000, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Prior to and in lieu of the filing of criminal charges by the City Prosecutor, first time offenders shall be issued a noncriminal notice, a copy of this chapter, and a resource list of community providers of housing, mental health, alcohol dependence, and/or drug addiction treatment services. This provision does not establish or otherwise obligate the City or its employees to provide said services, nor does it establish any right to such services by any person.

D. Exception – No Available Shelter. Law enforcement officers shall not enforce the unauthorized camping provisions of this section when no alternative accommodations are available. As used in this section, an alternative accommodation is available if (1) a community service organization has available vouchers that allow an individual or family unit experiencing homelessness to stay overnight at a hotel or motel without charge; or (2) space is available without charge at a temporary tent encampment as defined in Chapter 18.75 MVMC for an individual or family unit experiencing homelessness; or (3) space is available for an overnight stay without charge at a public or private shelter open to an individual or family unit experiencing homelessness. If an individual or family unit cannot use an available accommodation because of the individual or family member’s sex, familial or marital status, religious beliefs, disability, or length-of-stay restrictions, the accommodation is not considered available. The accommodation is considered available if the individual could not use the accommodation due to voluntary actions such as intoxication, drug use, unruly behavior or violation of shelter rules. (Ord. O-20-685 § 2).

9.05.637 Unauthorized storage of personal property in public spaces.

A. Definitions.

1. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

B. Unauthorized Storage of Personal Property in Public Places. It shall be unlawful for any person to store personal property, including equipment associated with camping (as defined in MVMC 9.05.635), on publicly owned property, including City parks, streets, sidewalks, rights-of-way, or any other public areas of which the City, or other governmental entity, has a property interest. Before initiating any action to remove personal property from public property, law enforcement shall provide at least 72 hours’ notice and an opportunity to be heard. After the notice period has expired, any personal property that is seized by law enforcement shall be securely stored for a period of 70 days. Notice shall be provided as to where the public property can be reclaimed. The notice provisions of this section apply to all unauthorized personal property stored on public property, including unattended property.

C. Penalty. Unauthorized public storage is a misdemeanor and shall be punished upon conviction of such violation by a fine of not more than $1,000, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Prior to and in lieu of the filing of criminal charges by the City prosecutor, first time offenders shall be issued a noncriminal notice, a copy of this chapter, and a resource list of community providers of housing, mental health, alcohol dependence, and/or drug addiction treatment services. This provision does not establish or otherwise obligate the City or its employees to provide said services, nor does it establish any right to such services by any person. (Ord. O-20-685 § 3).

9.05.640 Unlawful use of air guns – Penalty.

A. Any person who points or shoots an air gun at any person or at the property of another, or who aims or discharges such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another, is guilty of a misdemeanor and, in addition to any other punishment imposed, the court shall order the weapon to be confiscated and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons.

B. “Air gun” shall mean any air gun, air pistol, air rifle, BB gun and toy or other guns designed or modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substances, a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals. (Ord. O-98-54 § 65).

9.05.650 Urinating in public.

Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. (Ord. O-98-54 § 66).

9.05.660 Vehicles resembling police or fire vehicles.

Any person who operates a motor vehicle painted and exhibiting decals, numbers, name, or insignia which simulate a City or County Police or Fire Department vehicle, or City vehicle, without prior authorization from the Police Chief, Fire Chief, City Manager, or their designees is guilty of a misdemeanor. (Ord. O-98-54 § 67).

9.05.670 Violating right of privacy.

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

RCW

9.73.010 Divulging telegram.

9.73.020 Opening sealed letter.

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

9.73.070 Persons and activities excepted from chapter.

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

9.73.100 Recordings available to defense counsel.

(Ord. O-98-54 § 68).

9.05.680 Violation of court ordered probation.

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

KCC

12.150.010 Definitions.

12.150.020 Arrest without warrant.

(Ord. O-98-54 § 69).

9.05.690 Severability.

Should any section, paragraph, sentence, clause or phrase of this chapter or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, or should any portion of this chapter be pre-empted by State or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. O-98-54 § 70).

9.05.700 Copies to be available.

A copy of each portion of the Revised Code of Washington and the King County Code adopted by reference shall be authenticated and recorded by the City Clerk and not less than one copy thereof shall be available in the office of the City Clerk for use and examination by the public. (Ord. O-98-54 § 71).

9.05.710 Certified copies to be furnished to court.

The City Clerk is directed to provide at City expense to the Court Administrators of the Enumclaw Municipal Court adequate numbers of certified copies of the ordinance codified in this chapter to permit enforcement of this chapter. (Ord. O-98-54 § 72).

9.05.720 Initiative Measure No. 502 adopted.

Initiative Measure No. 502, Session Law Number 13C3S21, is adopted and incorporated in full into this chapter. (Ord. O-12-527).