Chapter 12.05
OFFENSES*
Sections:
12.05.010 Boating regulations.
12.05.020 False alarms – Robbery and intrusion alarms.
12.05.025 False fire alarms.
12.05.030 Firearms and dangerous weapons.
12.05.040 Fraud.
12.05.050 Littering and pollution.
12.05.060 Miscellaneous crimes.
12.05.070 Roadside stands.
12.05.080 Sexual offenses – Unlawful acts of prostitution or pandering.
12.05.090 Special offenses relative to minors.
12.05.100 Violation of court ordered probation.
*For penalty and other related provisions, see SMC 9.05.010 through 9.05.070.
12.05.010 Boating regulations.
(1) The following sections of the King County Code, including all future amendments thereto, are hereby adopted by reference, except as otherwise provided herein:
KCC
12.44.020 Definitions.
12.44.030 Interpretation and application of regulations.
12.44.035 Operation of personal watercraft.
12.44.040 Negligent operation.
12.44.050 Reckless operation.
12.44.060 Required distance from power craft to swimmers and row boats.
12.44.070 Speed limit specified – Lakes – Exception.
12.44.090 Speed regulations within one hundred yards of shore on Lake Washington and Lake Sammamish.
12.44.100 Interference with navigation.
12.44.110 Sunken vessels.
12.44.120 Floating objects.
12.44.130 Intoxication.
12.44.140 Incapacity of operator.
12.44.150 Accidents.
12.44.160 Accident reports.
12.44.170 Accident reports confidential, inadmissible as evidence.
12.44.180 Overloading.
12.44.190 Testing courses.
12.44.200 Restricted areas.
12.44.210 Swimming.
12.44.220 Skin diving.
12.44.230 Water skiing.
12.44.240 Beaver Lake restrictions.
12.44.350 Whistles and lights.
12.44.360 Equipment and numbering.
12.44.370 Life preservers and running lights.
12.44.380 Races and testing.
12.44.390 Aircraft on the water.
12.44.400 Rules of the road.
12.44.410 Propellers.
12.44.420 Unsafe piers.
12.44.430 Safety devices.
12.44.440 Pier barriers.
12.44.450 Roadway barriers.
12.44.460 Drifting debris.
12.44.470 Oil.
12.44.480 Nuisances.
12.44.490 Public health.
12.44.500 Boat rental records.
12.44.510 Liability for damages.
12.44.520 Exemption to authorized emergency vessels and watercraft.
12.44.530 Aiding and abetting violations.
12.44.540 Directing traffic, emergency powers.
12.44.560 Appeal of denial for license, permit or authority.
12.44.570 Penalty.
12.44.580 Preservation of actions.
12.44.590 Severability.
12.44.710 Authority of officers to board boats.
12.44.720 Interlocal cooperation.
12.44.730 Enforcement.
(2) Beginning January 1, 2004, it shall be unlawful to use or operate any internal combustion engine on Pine Lake; provided, that nothing in this subsection shall be construed to prevent any public official or construction company from performing authorized duties.
(3) King County Code Section 12.44.060, making it unlawful for any motor powered watercraft to be operated while the propeller is engaged within 50 feet of any swimmer with or without a floatation device or within 50 feet of any nonmotorized watercrafts, including but not limited to kayaks, canoes, paddle boats or row boats, shall apply to Lake Sammamish and all other lakes within the City of Sammamish, except as otherwise allowed for waterskiing; this section shall not apply to patrol or rescue watercraft or in the case of an emergency.
(4) It is unlawful to use or operate any engine in the waters of the City unless the engine is operated with and connected to a muffler or silencer of sufficient size and capacity to effectually muffle and prevent excessive or unusual noise from the exhaust of the engine. (Ord. O2014-369 § 1; Ord. O2003-124 §§ 1, 2; Ord. O99-31 § 1)
12.05.020 False alarms – Robbery and intrusion alarms.
(1) The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.32 Electronic Security Devices; entire chapter;
with the exception of KCC 12.32.050, which is amended to read as follows:
12.32.050 False Alarm, Burglar/Intrusion – Civil Penalty.
A. Any person or business, through error, omission or mechanical/electrical failure that causes two or more false alarms in any consecutive six-month period commits an infraction punishable by a civil penalty. The penalty for the second false alarm within the six-month period is one hundred dollars. The penalty for the third false alarm within the six-month period is one hundred fifty dollars, and the penalty for the fourth and succeeding false alarms within the six-month period is two hundred fifty dollars. Any succeeding false alarms within the six-month period resulting from failure to take corrective action or any nonpayment of any false alarm charges, or both, may result in the Police Chief ordering the disconnection of the alarm until either the corrective action is taken or any outstanding charges are paid, or both, or ordering no response to future alarms. However, a disconnection may not be ordered as to any premises required by law to have an alarm system in operation.
B. Any alarm system business or monitoring company, through error, omission or mechanical/electrical failure that violates K.C.C. 12.32.030 commits an infraction punishable by a civil penalty. The penalty shall be two hundred fifty dollars.
(Ord. O2002-107 § 1; Ord. O2000-52 §§ 26, 68)
12.05.025 False fire alarms.
(1) Purpose. It is the intent of this section to reduce the number of false fire alarms occurring within the City, and the resulting drain on City resources, by providing for corrective administrative action, including penalties and potential disconnection.
(2) Definitions. For the purposes of this section, unless a different meaning is plainly required:
(a) “False fire alarm” includes the activation of a fire alarm by any means other than an actual fire, burning food or other combustible material. All other activations including nonfire heat activation, construction incidents, and accidental or malicious pulls will be considered false.
(b) “First response” shall mean response to premises at which no other false fire alarm has occurred within the preceding six-month period.
(c) “Person” includes any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.
(3) Penalties – Corrective Action – Invalidation. For fire response to any false fire alarm, the City shall charge and collect from the person(s) having or maintaining such fire alarm on premises owned or occupied by them penalties as follows:
(a) First Response. For a first response to a false fire alarm at a premises, no penalty shall be charged. Upon such first response, notice of conditions and requirements of this section shall be given to the owner or occupant of the premises on which the false fire alarm occurred and upon which the fire alarm is located. Within 30 days after such first response, the owner shall make a written report to the fire chief or designee, on forms provided by the fire department, stating the reasons for such false fire alarm and the corrective action to be taken to prevent a reoccurrence.
(b) Second Response. For a second response to premises within six months after the first response, a penalty of $100.00 shall be charged. The person having or maintaining such fire alarm shall, within five working days after notice to do so, make a written report to the fire chief or designee, on forms provided by the fire department, stating the reasons for such second false fire alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel, and such other information as the fire chief or designee may reasonably require to determine the cause of such false fire alarm, any mitigating circumstances and corrective action necessary. The fire chief or designee may direct the person having or maintaining such fire alarm to have authorized service personnel inspect the alarm at such premises and to take other corrective action as prescribed by the fire chief or designee. All costs of inspection and corrective action shall be borne by the individual having or maintaining the alarm on said premises.
(c) Third Response. For a third response to premises within six months after a second response, a penalty shall be charged in the amount of $150.00 for residential properties and $400.00 for commercial properties.
(d) Fourth and Successive Responses. For a fourth response to premises within six months after a third response, and for all succeeding responses within six months of the last response, a penalty shall be charged in the amount of $250.00 for residential properties and $600.00 for commercial properties.
(e) Invalidation. For a second or subsequent false fire alarms occurring at a premises within seven days of the first response, notwithstanding the aforementioned timelines and penalties, in order to reduce the amount of unnecessary fire department responses to the same address, the fire marshal, fire chief or their designees may declare the system invalid, shut down the alarm system and require the occupant of the property to post a fire watch, at the owner’s expense, until the system has been repaired by a licensed and bonded company and the repair validated by the fire marshal, fire chief or their designees.
(4) Notice of Violation.
(a) Responsibility for Issuance. The fire chief or designee shall be responsible for the issuance of written notices of infraction to the owner following the second and each succeeding false fire alarm in any calendar month. The fire chief or designee shall notify the City finance department of the amount of the penalties to be collected. It shall be the responsibility of the finance department to collect such penalties.
(b) Waive Imposition. In the event the fire chief or designee determines that false alarm(s) occurred as a direct result of an interruption of electrical power, telephone system malfunction, an alarm equipment malfunction or other causes beyond the control of the owner, the fire chief or designee may waive imposition of the applicable false fire alarm penalty or administrative sanction.
(5) Administrative Decision – Notice. Notice of imposition of any administrative sanction, including the imposition of a penalty, under the provisions of this section, shall be given to the person having or maintaining a fire alarm on premises owned or occupied by him; provided, that with respect to business premises, the owner, manager or chief administrative agent regularly assigned and employed on the premises at the time of the occurrence of a false fire alarm shall be presumed to be the person having or maintaining said alarm on said business premises.
(6) Appeal from Administrative Decision – Finality. Any person subject to the imposition of a penalty, order of discontinuation or other administrative sanction under the terms of this section shall have a right of appeal therefrom to the City hearing examiner. Unless notice of appeal is filed with the City clerk within 10 days of receipt of notice of imposition of an administrative sanction, said sanction is deemed final. (Ord. O2002-107 § 3)
12.05.030 Firearms and dangerous weapons.
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 Violation.
(Ord. O2000-52 § 30(2))
12.05.040 Fraud.
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. O2000-52 § 32(2))
12.05.050 Littering and pollution.
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. O2000-52 § 37(2))
12.05.060 Miscellaneous crimes.
The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.64.010 Unlawful – Determination (Loitering).
(Ord. O2000-64 § 1; Ord. O2000-52 § 39(2))
12.05.070 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. O2000-52 § 45)
12.05.080 Sexual offenses – Unlawful acts of prostitution or pandering.
(1) 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 Prostitution defined – Sexual activity defined.
12.63.070 Public nuisance.
12.63.080 Evidence.
12.63.090 Additional evidence.
(2) Except as otherwise required by state law, any single conviction under subsection (1) of this section within any period of 12 months shall be a misdemeanor. Any second or subsequent conviction under subsection (1) of 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.
(3) The court may suspend all or a portion of the term of imprisonment or fine on condition that a person convicted of a crime under subsection (1) of this section never enter into, or be present in, any antiprostitution 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. O2000-52 § 46(1) – (3))
12.05.090 Special offenses relative to minors.
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 material to minors unlawful.
12.84.030 Dissemination of indecent material to minors defined.
12.84.040 Presumptions.
12.84.050 Defenses.
12.84.070 Violation a misdemeanor.
(Ord. O2000-52 § 47(2))
12.05.100 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. O2000-52 § 58)