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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 9.02.170.

9.02.025    Session laws not yet codified.

9.02.030    Chapter 2.48 RCW, entitled “State Bar Act” – Adoption by reference.

9.02.040    Chapter 7.21 RCW, entitled “Contempt of Court” – Adoption by reference.

9.02.050    Chapter 7.80 RCW, entitled “Civil Infractions” – 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    Chapter 16.52 RCW, entitled “Prevention of Cruelty to Animals” – Adoption by reference.

9.02.110    Chapter 19.48 RCW, entitled “Hotels, Lodging Houses, etc. – Restaurants” – Adoption by reference.

9.02.115    Chapter 19.290 RCW, entitled “Metal Property” – Adoption by reference.

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

9.02.130    Chapter 28A.635 RCW, entitled “Offenses Relating to School Property and Personnel” – Adoption by reference.

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

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

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

9.02.170    Chapter 74.34 RCW, entitled “Abuse of Vulnerable Adults” – Adoption by reference.

9.02.180    Obstructing public officers.

9.02.190    Disorderly conduct.

9.02.192    Prohibited conduct on transit property and transit vehicles.

9.02.193    Possession of graffiti tools.

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

9.02.200    Public disturbance.

9.02.210    Disruption of public facilities.

9.02.220    Public events – Criminal activity.

9.02.230    Public facility – Illegal activity – Exclusion.

9.02.240    Escape.

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

9.02.260    Repealed.

9.02.265    Vehicle trespass prohibited – Penalty.

9.02.270    Neglect of a child or dependent person.

9.02.280    Offenses against police dogs.

9.02.290    Provoking assault.

9.02.293    Menacing.

9.02.295    Definitions.

9.02.296    Lewd conduct.

9.02.297    Facilitating lewd conduct.

9.02.300    Prostitution loitering.

9.02.310    Stay out of areas of prostitution orders.

9.02.320    Urinating in public.

9.02.330    Possession of drug paraphernalia.

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

9.02.340    Sale, manufacture, possession of certain weapons.

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

9.02.360    Non-incendiary devices.

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

9.02.380    Violation of no contact order also contempt.

9.02.390    Probation violations.

9.02.400    Court costs – Jail medical costs.

9.02.410    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. 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.

(Ord. No. 3621, § 2, 10-1-02)

9.02.020 Adoption of sections of Revised Code of Washington not specifically set forth in KCC 9.02.030 through 9.02.170.

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 9.02.170, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted or as hereafter 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

9A.76.020    Obstructing a law enforcement officer.

9A.76.130    Escape in the third degree.

9A.84.030    Disorderly conduct.

(Ord. No. 3621, § 2, 10-1-02)

9.02.025 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:

Laws of 2004, Ch. 94 § 1    Cyberstalking.

(Ord. No. 3692, § 1, 6-1-04)

9.02.030 Chapter 2.48 RCW, entitled “State Bar Act” – 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

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)

9.02.040 Chapter 7.21 RCW, entitled “Contempt of Court” – 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.

(Ord. No. 3621, § 2, 10-1-02)

9.02.050 Chapter 7.80 RCW, entitled “Civil Infractions” – 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

7.80.120    Monetary penalties – Restitution.

(Ord. No. 3621, § 2, 10-1-02)

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.

9.03.010    Abandoning, discarding refrigeration equipment.

9.03.020    Permitting unused equipment to remain on premises.

9.03.040    Keeping or storing equipment for sale.

9.04.010    False advertising.

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.

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

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.

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.

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

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.

9.40.040    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.

9.41.090     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.

9.41.140    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.

9.41.220    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.

9.41.260    Dangerous exhibitions.

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

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

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

9.41.800    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.

9.46.196    Cheating.

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.

9.61.230    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.

9.68A.011    Definitions.

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

9.68A.090    Communication with minor for immoral purposes.

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 RCW 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.

9.91.010    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.

9.91.140    Food stamps.

9.91.142    Food stamps – Trafficking.

9.91.160    Personal protection spray devices.

9.91.170    Interfering with dog guide or service animal.

(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)

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.04.050    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.28.020    Criminal attempt.

9A.28.030    Criminal solicitation.

9A.28.040    Criminal conspiracy.

9A.36.041    Assault in the fourth degree.

9A.36.050    Reckless endangerment.

9A.36.070    Coercion.

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

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.

9A.42.010    Definitions.

9A.42.035    Criminal mistreatment in the third degree.

9A.42.040    Withdrawal of life support systems.

9A.42.045    Palliative care.

9A.42.050    Defense of financial inability.

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

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

9A.44.010    Definitions.

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

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

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.

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.48.110    Defacing a state monument.

9A.49.001    Findings.

9A.49.010    Definitions.

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.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.52.100    Vehicle prowling in the second degree.

9A.52.120    Computer trespass in the second degree.

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

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.56.063    Making or possessing motor vehicle theft tools.

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

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

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

9A.56.260    Connection of channel converter.

9A.56.270    Shopping cart theft.

9A.60.010    Definitions.

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.

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.72.085    Unsworn statements, certification.

9A.72.140    Jury tampering.

9A.72.150    Tampering with physical evidence.

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 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.76.160    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.80.010    Official misconduct.

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

9A.84.010    Riot.

9A.84.020    Failure to disperse.

9A.84.040    False reporting.

9A.88.010    Indecent exposure.

9A.88.030    Prostitution.

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

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.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 3, 6-1-04; Ord. No. 3878, § 1, 4-15-08)

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

10.14.120    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.

10.99.010    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 – 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.

(Ord. No. 3621, § 2, 10-1-02)

9.02.090 Chapter 13.32A RCW, entitled “Family Reconciliation Act” – 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

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

(Ord. No. 3621, § 2, 10-1-02)

9.02.100 Chapter 16.52 RCW, entitled “Prevention of Cruelty to Animals” – 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

16.52.011    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.

16.52.117    Animal fighting – Owners, trainers, spectators – Exceptions.

16.52.165    Punishment – Conviction of misdemeanor.

16.52.190    Poisoning animals – Penalty.

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

16.52.207    Animal cruelty in the second degree.

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

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

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

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

9.02.110 Chapter 19.48 RCW, entitled “Hotels, Lodging Houses, etc. – Restaurants” – 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

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

(Ord. No. 3621, § 2, 10-1-02)

9.02.115 Chapter 19.290 RCW, entitled “Metal 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

19.290.010    Definitions.

19.290.020    Nonferrous metal property – Records required.

19.290.030    Metal property and metallic wire – Requirements for transactions.

19.290.070    Violations – Penalty.

(Ord. No. 3877, § 2, 4-15-08)

9.02.120 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

26.09.300    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.

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

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.

26.44.020    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 – Interviews of children – Records – Risk assessment process – Reports to legislature.

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.

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

26.44.080    Violation – penalty.

26.50.110    Violation of order – Penalties.

26.50.140    Peace officers – Immunity.

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)

9.02.130 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.635.020    Willfully disobeying school administrative personnel or refusing to leave public property, violations, when – Penalty.

28A.635.040    Examination questions – Disclosing – Penalty.

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

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 RCW 28A.635.100 – Disciplinary authority exception.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 5, 6-1-04)

9.02.140 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.

66.12.010    Wine or beer manufactured for home use.

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.

66.28.250    Keg registration – Violation constitutes gross misdemeanor.

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.

66.44.240    Drinking in public conveyance – Penalty against carrier – Exception.

66.44.250    Drinking in public conveyance – Penalty against individual – Restricted application.

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

66.44.280    Minor applying for permit.

66.44.290    Minor purchasing or attempting to purchase liquor – Penalty.

66.44.291    Minor purchasing or attempting to purchase liquor – Penalty against persons between ages of eighteen and twenty, inclusive.

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 an identification of age.

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.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 6, 6-1-04)

9.02.150 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

69.41.010    Definitions.

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

69.41.050    Labeling requirements.

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.

69.41.320    Practitioners – Restricted use – Medical records.

69.41.350    Penalties.

69.43.010    Report to state board of pharmacy – 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.

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

69.43.110    Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – 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 state board of pharmacy.

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.

69.50.401    Prohibited acts: A – Penalties.

69.50.4013    Possession of controlled substance – Penalty.

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

69.50.404    Penalties under other laws.

69.50.407    Conspiracy.

69.50.408    Second or subsequent offenses.

69.50.412    Prohibited acts: E – Penalties.

69.50.4121    Drug paraphernalia – Selling or giving – Penalty.

69.50.425    Misdemeanor violations – Minimum imprisonment.

69.50, I-502, Section 21

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 7, 6-1-04; Ord. No. 4068, § 1, 1-15-13)

9.02.160 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

70.54.400    Miscellaneous health and safety provisions.

70.74.010    Definitions.

70.74.160    Unlawful access to explosives.

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.

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

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 3954, § 3, 5-18-10)

9.02.170 Chapter 74.34 RCW, entitled “Abuse of Vulnerable Adults” – 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

74.34.020    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)

9.02.180 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)

9.02.190 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 begs in a public place.

B. The following definitions shall apply in this section:

1. Aggressively begs means to beg and engage in conduct that would likely intimidate a reasonable person, including touching, following, persistently begging after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving money or goods.

2. Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means.

3. 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.

4. 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.

5. 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.

C. Disorderly conduct is a misdemeanor.

(Ord. No. 3621, § 2, 10-1-02; Ord. No. 4071, § 1, 2-19-13)

9.02.192 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 seventy-two (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)

9.02.193 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)

9.02.195 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 or 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)

9.02.200 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 fifty (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)

9.02.210 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)

9.02.220 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 co-sponsored 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)

9.02.230 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 forty-five (45) days from the date of the exclusion notice.

2. Has been issued an exclusion notice within the one (1) 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 ninety (90) days from the date of the exclusion notice.

3. Has been issued two (2) or more exclusion notices from the same public facility or public facility assemblage in which the current violation has occurred within the one (1) 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 three hundred sixty-four (364) days from the date of the exclusion notice.

4. Has been issued two (2) or more exclusion notices within the one (1) 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 (1) 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 (1) year prior to the current violation, then the officer may exclude the offender from all public facilities for a period of three hundred sixty-four (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 ten (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 fourteen (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;

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 9.02.320, 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)

9.02.240 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)

9.02.250 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 twenty-four (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)

9.02.260 Making or having vehicle prowl or vehicle theft tools.

Repealed by Ord. No. 3878.

(Ord. No. 3621, § 2, 10-1-02)

9.02.265 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)

9.02.270 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 eighteen (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)

9.02.280 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)

9.02.290 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)

9.02.293 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.

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.

Violation of this section is a misdemeanor, the maximum penalty of which is ninety (90) days in jail and a one-thousand-dollar ($1,000) fine.

(Ord. No. 4087, § 1, 9-3-13; Ord. No. 4107, § 1, 3-18-14. Formerly 9.02.295.)

9.02.295 Definitions.

The following words and phrases, wherever used in KCC 9.02.296, 9.02.297, 9.02.300 and 9.02.310, 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 (1) 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)

9.02.296 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)

9.02.297 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 9.02.296. Facilitating lewd conduct is a misdemeanor.

(Ord. No. 4102, § 1, 1-21-14; Ord. No. 4107, § 2, 3-18-14)

9.02.300 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, waiving, 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)

9.02.310 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 pre-trial 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 pre-trial 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 pre-trial 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 one thousand dollars ($1,000) or imprisonment for not more than ninety (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)

9.02.320 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 two hundred fifty dollars ($250).

(Ord. No. 3621, § 2, 10-1-02)

9.02.330 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)

9.02.335 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 (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($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 (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000), or by both such imprisonment and fine.

(Ord. No. 3716, § 1, 10-5-04)

9.02.340 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 (2) 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)

9.02.350 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 (3) 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)

9.02.360 Non-incendiary devices.

A. For the purposes of this chapter, a non-incendiary 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 non-incendiary 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 ninety (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)

9.02.370 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 (2) pieces of identification issued by a governmental agency, one (1) of which shall be descriptive of the person identified.

At all times, at least one (1) 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 (3) years following the date of the transaction.

(Ord. No. 3621, § 2, 10-1-02)

9.02.380 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)

9.02.390 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)

9.02.400 Court costs – Jail medical costs.

A. In addition to the penalties set forth in KCC 9.02.410, 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)

9.02.410 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 (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($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 ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine.

(Ord. No. 3621, § 2, 10-1-02)

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The Kent City Code is current through Ordinance 4120, passed August 19, 2014.

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://www.ci.kent.wa.us/
City Telephone: (253) 856-5725

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