Chapter 9.01
PRELIMINARY ARTICLE

Sections:

9.01.010    General provisions.

9.01.020    Principles of liability.

9.01.030    Defenses.

9.01.040    Contempt.

9.01.050    Penalty.

9.01.060    Amendments to state statutes.

9.01.010 General provisions.

The following statutes of the State of Washington are adopted by reference:

RCW

9.01.055    Citizen immunity of aiding officer.

9.01.110    Omission, when not punishable.

9.01.130    Sending letter, when complete.

9A.04.020    Purposes – Principles of construction.

9A.04.050    People capable of committing crimes (Capability of children).

9A.04.060    Common law to supplement statutes.

9A.04.070    Who amenable to criminal statutes.

9A.04.090    Application of general provisions of the code.

9A.04.100    Proof beyond a reasonable doubt.

9A.04.110    Definitions.

(Ord. 1664 § 2, 1985).

9.01.020 Principles of liability.

The following statutes of the State of Washington are adopted by reference:

RCW

9A.08.010    General requirements of culpability.

9A.08.020    Liability of conduct of another, complicity.

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

(Ord. 1664 § 2, 1985).

9.01.030 Defenses.

The following statutes of the State of Washington are adopted by reference:

RCW

9A.12.010    Insanity.

9A.16.010    Definition.

9A.16.020    Use of force – When lawful.

9A.16.060    Duress.

9A.16.070    Entrapment.

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

9A.16.090    Intoxication.

(Ord. 1664 § 2, 1985).

9.01.040 Contempt.

The following statutes of the State of Washington are adopted by reference:

A. RCW

7.20.010    Contempt of court defined.

7.20.020    Punishment – General.

7.20.030    Contempt in presence of court – Summary punishment.

7.20.040    Procedure in other cases.

7.20.050    Production of defendant if in custody.

7.20.060    How prosecuted.

7.20.070    Execution of warrant – Bond.

7.20.080    Return of warrant – Examination of defendant.

7.20.090    Judgment and sentence.

7.20.100    Indemnity to injured party.

7.20.110    Imprisonment until act performed.

7.20.120    Offender may be indicted.

7.20.130    Alias warrant – Prosecution of bond.

7.20.140    Appeal – Punishment for contempt of justice courts.

B. RCW 9.23.010 – Criminal contempt. (Ord. 1664 § 2, 1985).

9.01.050 Penalty.

A. Unless otherwise provided, any person violating any of the provisions of IMC Title 9 shall be guilty of a misdemeanor, and upon conviction thereof, be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment.

B. Any person violating any of the provisions of IMC Title 9 which are designated as gross misdemeanors, shall be punished upon conviction by a fine not to exceed $5,000 or by imprisonment in jail for a term not exceeding 1 year, or by both such fine and imprisonment.

C. In addition to the penalty provisions set forth in this section, a person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW adopted by reference shall be punished 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 minimum 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. (Ord. 1822 § 1, 1989; Ord. 1782 § 17, 1988; Ord. 1664 § 2, 1985).

9.01.060 Amendments to state statutes.

The amendment of any state statute adopted by reference in this title shall be deemed to amend the corresponding section of this title and it shall not be necessary for the City Council to take any action with respect to such amendment. (Ord. 1782 § 1, 1988).