Title 9
CRIMINAL CODE¹

Chapters:

9.04 Penal Code

9.06 False Alarms

9.08 Interference with Firefighting

9.10 Intrusion Alarms

9.12 Domestic Violence

9.16 Drugs

9.20 Drug Paraphernalia

9.24 Urinating or Defecating in Public

9.28 Repealed

9.32 Disorderly Conduct

9.36 Public Disturbance Noise

9.40 School Property and Personnel

9.44 Disposal of Forfeited Firearms

Chapter 9.04
PENAL CODE²

Sections:

Article I. General Provisions

9.04.010 Definitions.

9.04.020 Repealed.

Article II. Adopted Statutes

9.04.030 Adopted RCW Title 9 statutes.

9.04.040 Adopted RCW Title 9A statutes.

Article IV. Crimes Against the Person

9.04.090 Provoking assault.

9.04.095 Harassment.

Article V. Crimes Against the Public Order

9.04.120 Repealed.

9.04.130 Discharge of firearms or other dangerous instruments.

9.04.140 Repealed.

9.04.150 Laying out poison.

9.04.160 Keeping disorderly place.

9.04.170 Animals.

9.04.180 Gambling fundraisers prohibited.

9.04.190 Bunko – Swindling.

9.04.200 Molesting another person.

Article VI. Crimes Against Property

9.04.210 Lodging without permission.

9.04.220 Occupying auto without permission.

9.04.230 Injuring any property.

9.04.240 Repealed.

Article VII. Minors

9.04.250 Minors in cardrooms.

9.04.260 Contributing to delinquency of minor.

Article VIII. Weapons

9.04.270 Loaded rifles in motor vehicles.

9.04.280 Repealed.

Article IX. Enforcement

9.04.290 Violation – Penalty.

9.04.300 Costs of prosecution.

Article I. General Provisions

9.04.010 Definitions.

As used in this chapter:

A. “Principal” means every person concerned in the commission of a misdemeanor in violation of any city ordinance, whether he directly commits the act constituting the offense or aids or abets; and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a misdemeanor. Principals shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent shall not be a defense to any person aiding, abetting, counselling, encouraging, hiring, commanding, inducing or procuring him.

B. “Public officer” means police officers, fire chief, building officer and city engineer or their duly authorized deputies, or the mayor when performing the official duties of any of those officers. (Ord. 1300 §§ 1, 2, 1985)

9.04.020 Attempted crime.

Repealed by Ord. 1791. (Ord. 1300 § 3, 1985)

Article II. Adopted Statutes

9.04.030 Adopted RCW Title 9 statutes.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of RCW Title 9 are hereby adopted by reference:

Abandoned Refrigeration Equipment

RCW

9.03.010 Abandoning, discarding refrigeration equipment.

9.03.020 Permitting unused equipment to remain on premises.

9.03.030 Violation of RCW 9.03.010 or RCW 9.03.020.

9.03.040 Keeping or storing equipment for sale.

Advertising, Crimes Relating to

RCW

9.04.010 False advertising.

9.04.050 False, misleading, deceptive advertising.

9.04.070 False, misleading, deceptive advertising – Penalty – Other remedies and penalties not applicable.

9.04.080 False, misleading, deceptive advertising – Assurance of discontinuance of unlawful practice.

9.04.090 Advertising fuel prices by service stations.

Anarchy and Sabotage

RCW

9.05.150 Publishing matter inciting breach of peace.

Brands and Marks, Crimes Relating to

RCW

9.16.030 Counterfeiting trademark, brand, etc.

9.16.040 Displaying goods with false trademark.

9.16.050 When deemed affixed.

9.16.070 Form and similitude defined.

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

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

Bidding Offenses

RCW

9.18.120 Suppression of competitive bidding.

9.18.130 Collusion to prevent competitive bidding.

9.18.140 Penalty.

9.18.150 Agreements outside state.

Telecommunications Crime

RCW

9.26A.090 Telephone company credit cards – Publishing number or code – “Publishes” defined.

9.26A.100 Definitions.

9.26A.110 (Except [1] [b] and [2]) – 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.

Interference with Court

RCW

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

False Representations

RCW

9.38.010 False representation concerning credit.

9.38.015 False statement by deposit applicant.

9.38.020 False representation concerning title.

Fire, Crimes Relating to

RCW

9.40.100(1) Injuring or tampering with fire alarm apparatus or equipment – Sounding false alarm of fire.

Firearms and Dangerous Weapons

RCW

9.41.010 Terms defined.

9.41.050 Carrying pistol.

9.41.060 Exception to restriction on carrying pistol.

9.41.097 Supplying information on persons purchasing pistols or applying for concealed pistol licenses.

9.41.098 Forfeiture of firearms, order by courts – Return to owner – Confiscation by law enforcement officer.

9.41.100 Dealers to be licensed.

9.41.110 Dealer’s licenses, by whom granted and conditions thereof – Wholesale sales excepted – Permits prohibited.

9.41.120 Certain transfers forbidden.

9.41.140 Alteration of identifying marks – Exceptions.

9.41.170 Alien’s license to carry firearms – Exceptions.

9.41.230 Aiming or discharging firearms.

9.41.240 Use of firearms by minor.

9.41.250 Dangerous weapons – Evidence.

9.41.260 Dangerous exhibitions.

9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful – Penalty – Exceptions.

9.41.280 Students carrying dangerous weapons on school premises – Penalty – Exceptions.

9.41.290 State preemption.

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

9.41.810 Penalty.

Forgery

RCW

9.44.080 Misconduct in signing a petition.

Frauds and Swindles

RCW

9.45.060 Encumbered, leased or rented personal property – Construction.

9.45.062 Failure to deliver leased personal property – Requisites for prosecution – Construction.

9.45.080 Fraudulent removal of property.

9.45.090 Knowingly receiving fraudulent conveyance.

9.45.100 Fraud in assignment for benefit of creditors.

Inhaling Toxic Fumes

RCW

9.47A.010 Definition.

9.47A.020 Unlawful inhalation – Exception.

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

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

9.47A.050 Penalty.

Libel and Slander

RCW

9.58.010 Libel, what constitutes.

9.58.020 How justified or excused – Malice, when presumed.

9.58.030 Publication defined.

9.58.040 Liability of editors and others.

9.58.050 Report of proceedings privileged.

9.58.070 Privileged communications.

9.58.080 Furnishing libelous information.

9.58.090 Threatening to publish libel.

9.58.110 Slander of women.

9.58.120 Testimony necessary to convict.

Malicious Mischief – Injury to Property

RCW

9.61.230 Telephone calls to harass, intimidate, torment or embarrass.

9.61.240 Telephone calls to harass, intimidate, torment or embarrass – Permitting telephone to be used.

9.61.250 Telephone calls to harass, intimidate, torment or embarrass – Offense, where deemed committed.

Obscenity and Pornography

RCW

9.68.015 Obscene literature, shows, etc. – Exception.

9.68.030 Indecent articles, etc.

9.68.050 “Erotic material” – Definition.

9.68.060 (1) (2) (3) (a) (b) (c) (d) (i) (ii) “Erotic material” – Determination by court – Labeling – Penalties.

9.68.070 Prosecution for violation of RCW 9.68.060 – Defenses.

9.68.080 Unlawful acts.

9.68.100 Exceptions to provisions of RCW 9.68.050 through RCW 9.68.120.

9.68.110 Motion picture operator or projectionist exempt, when.

9.68.120 Provisions of RCW 9.68.050 through 9.68.120 exclusive.

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

Sexual Exploitation of Children

RCW

9.68A.001 Legislative finding.

9.68A.011 Definitions.

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

9.68A.110(2) Certain defenses barred, permitted.

9.68A.140 Definitions.

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

9.68A.160 Penalty.

Duty of Witnesses

RCW

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

Perjury

RCW

9.72.090 Committal of witness – Detention of documents.

Privacy, Violating Right of

RCW

9.73.010 Divulging telegram.

9.73.020 Opening sealed letter.

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

9.73.080 Intercepting, recording, or divulging private communication – Penalty.

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

9.73.100 Recordings available to defense counsel.

United States and States Flags, Crimes Relating to

RCW

9.86.010 “Flag”, etc., defined.

9.86.020 Improper use of flag prohibited.

9.86.030 Desecration of flag.

9.86.050 Penalty.

Miscellaneous Crimes

RCW

9.91.010 Denial of civil rights – Terms defined.

9.91.025 Unlawful bus conduct.

9.91.060 Leaving children unattended in parked automobile.

9.91.110 Metal buyers – Records of purchases – Penalty.

9.91.130 Disposal of trash in charity donation receptacle.

9.91.140 Food coupons.

9.91.160 Personal protection spray devices.

(Ord. 1791 § 1, 1997: Ord. 1490 § 1, 1990: Ord. 1300 § 28, 1985)

9.04.040 Adopted RCW Title 9A statutes.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of RCW Title 9A are hereby adopted by reference:

Preliminary Article

RCW

9A.04.020 Purposes – Principles of construction.

9A.04.040 Classes or crimes.

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

9A.04.060 Common law to supplement statute.

9A.04.070 Who amenable to criminal statutes.

9A.04.080 (1) (h) & (i) (2) & (3) Limitation of actions.

9A.04.100 Proof beyond a reasonable doubt.

9A.04.110 Definitions.

Principles of Liability

RCW

9A.08.010 General requirements of culpability.

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

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

Insanity

RCW

9A.12.010 Insanity.

Defenses

RCW

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.

Anticipatory Offenses

RCW

9A.28.020 (1) (2) (3) (d) (e) Criminal attempt.

9A.28.030 Criminal solicitation.

9A.28.040 (1) (2) (a) (b) (c) (d) (e) (3) (d) (e) Criminal conspiracy.

Assault – Physical Harm

RCW

9A.36.041 Assault in the fourth degree.

9A.36.050 Reckless endangerment in the second degree.

9A.36.070 Coercion.

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

Custodial Interference

RCW

9A.40.070 Custodial interference in the second degree.

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

Sexual Offenses

RCW

9A.44.010 Definitions.

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

Arson, Reckless Burning and
Malicious Mischief

RCW

9A.48.010 Definitions.

9A.48.050 Reckless burning in the second degree.

9A.48.060 Reckless burning – Defense.

9A.48.090 Malicious mischief in the third degree.

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

Interference with Health Care
Facilities or Providers

RCW

9A.50.010 Definitions.

9A.50.020 Interference with health care facility.

9A.50.030 Penalty.

9A.50.060 Informational picketing.

9A.50.070 Protection of health care patients and providers.

9A.50.900 Construction.

Burglary and Trespass

RCW

9A.52.010 Definitions.

9A.52.040 Inference of intent.

9A.52.050 Other crime in committing burglary punishable.

9A.52.060 Making or having burglary 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.

Theft and Robbery

RCW

9A.56.010 Definitions.

9A.56.020 Theft – Definition, defense.

9A.56.050 Theft in the third degree.

9A.56.060 (1) (2) (5) (a) (b) Unlawful issuance of checks or drafts.

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

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

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

9A.56.180 Obscuring identity of a machine.

9A.56.220 Theft of cable television services.

9A.56.230 Unlawful sale of cable television services.

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

9A.56.270 Shopping cart theft.

Fraud

RCW

9A.60.010 Definitions.

9A.60.040 Criminal impersonation.

9A.60.050 False certification.

Defrauding a Public Utility

RCW

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.61.070 Damages not precluded.

Perjury and Interference
with Official Proceedings

RCW

9A.72.010 Definitions.

9A.72.040 False swearing.

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

9A.72.060 Perjury and false swearing – Retraction.

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

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

9A.72.085 Matters in official proceedings required to be supported, etc.

9A.72.140 Jury tampering.

9A.72.150 Tampering with physical evidence.

Obstructing Governmental Operation

RCW

9A.76.010 Definitions.

9A.76.020 Obstructing a public servant.

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 (1) (2) (a) Rendering criminal assistance in the first degree.

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

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

9A.76.100 Compounding.

9A.76.130 Escape in the third degree.

9A.76.160 Introducing contraband in the third degree.

9A.76.170 (1) (2) (d) Bail jumping.

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

Public Disturbance

RCW

9A.84.010 (1) (2) (b) Riot.

9A.84.020 Failure to disburse.

9A.84.030 Disorderly conduct.

9A.84.040 False reporting.

Indecent Exposure – Prostitution

RCW

9A.88.010 Indecent exposure.

9A.88.030 Prostitution.

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

9A.88.060 Promoting prostitution – Definitions.

9A.88.090 Permitting prostitution.

9A.88.110 Patronizing a prostitute.

(Ord. 1863 § 1, 1999; Ord. 1847 § 1, 1998; Ord. 1791 § 2, 1997: Ord. 1490 § 2, 1990: Ord. 1397 § 2, 1987: Ord. 1300 § 29, 1985)

Article IV. Crimes Against the Person

9.04.090 Provoking assault.

Every person who, by word, sign or gesture, wilfully provokes, or attempts to provoke another person to commit an assault or breach of the peace, is guilty of a misdemeanor. (Ord. 1300 § 8, 1985)

9.04.095 Harassment.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of the chapters 9A.46 and 10.14 RCW, relating to harassment, are hereby adopted by this reference.

RCW

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 Non-liability of peace officer.

9A.46.100 “Convicted”, time when.

9A.46.110 Stalking.

9A.46.900 Short title.

9A.46.910 Severability.

10.14.120 Disobedience of order – Penalties.

10.14.150 Jurisdiction.

10.14.170 Criminal penalty.

(Ord. 1775 § 1, 1996: Ord. 1553 § 1, 1992)

Article V. Crimes Against the Public Order

9.04.120 Telephone calls to harass, intimidate, torment or embarrass.

Repealed by Ord. 1791. (Ord. 1300 § 11, 1985)

9.04.130 Discharge of firearms or other dangerous instruments.

It is unlawful for any person, except an officer of the law in line of duty, to discharge any firearm, airgun, slingshot or any instrument of similar character, within the city limits of the city of Sumner. (Ord. 1300 § 12, 1985)

9.04.140 Obscene literature and shows.

Repealed by Ord. 1791. (Ord. 1300 § 13, 1985)

9.04.150 Laying out poison.

Any person who shall lay out or expose any kind of poison, or leaves exposed any poisoned, food or drink for man, animal or fowl, or any substance or fluid wherein or whereon there is or shall be deposited or mingled any kind of poison or poisonous or deadly substance or fluid, on the premises of another, or in any unenclosed place, or in any place which the person knows is frequented by other persons, animals, or fowls, is guilty of misdemeanor. Nothing in this section shall be construed as preventing any person from poisoning rodents or other nonvaluable or nonprotected animals or birds, so long as no danger to other persons, or valuable or protected animals or birds is created. (Ord. 1300 § 14, 1985)

9.04.160 Keeping disorderly place.

Every keeper or person in charge of any barroom or public drinking place, or at any cigar stand, confectionery store, fruit stand, lunch counter, cafe, restaurant, motion picture house, theater, dance hall, hotel, motel or rooming house, or any other public place who shall permit any breach of the peace or disturbance of public order or decorum, by noisy, riotous or disorderly conduct on the premises, when it is within the power of such person or persons to prevent the same; or who keeps any such place in a disorderly manner, is guilty of a misdemeanor. (Ord. 1300 § 15, 1985)

9.04.170 Animals.

Every person is guilty of a misdemeanor who:

A. Wilfully or for the amusement of himself or others, or for gain, causes any bull, bear, cock, dog or other animal to fight, chase, worry or injure any other animal, or to be fought, chased, worried or injured by any man or animal, and every person who permits the same to be done on any premises under his charge or control; and every person who aids, abets or is present at such fighting, chasing, worrying or injuring of such animal as a spectator; or

B. Owns, possesses, keeps or trains any bird or other animal with the intent that such bird or other animal shall be engaged in the exhibition of fighting, or is present in any place, building or tenement, where training is being had or preparations are being made for the fighting of birds or other animals, with the intent to be present at such exhibition. (Ord. 1300 § 16, 1985)

9.04.180 Gambling fundraisers prohibited.

Pursuant to RCW 9.46.295, “fund raising events,” as defined by the provisions RCW 9.46.020(23), are absolutely prohibited within the corporate limits of the city of Sumner. (Ord. 1300 § 17, 1985)

9.04.190 Bunko – Swindling.

Any person or persons engaged in bunko or in the operation of a swindling game or device for the purpose of swindling or defrauding others is guilty of a misdemeanor. (Ord. 1300 § 18, 1985)

9.04.200 Molesting another person.

Any person who shall annoy, bother, molest, insult or offer an affront to any other person, is guilty of a misdemeanor. (Ord. 1300 § 19, 1985)

Article VI. Crimes Against Property

9.04.210 Lodging without permission.

Any person who lodges in any place, or upon any property without the permission of the owner or person entitled to the possession thereof, is guilty of a misdemeanor. (Ord. 1300 § 20, 1985)

9.04.220 Occupying auto without permission.

Any person who, without permission of the owner or person entitled to the possession thereof, intentionally occupies or attempts to enter a motor vehicle, is guilty of a misdemeanor. (Ord. 1300 § 21, 1985)

9.04.230 Injuring any property.

It is a misdemeanor to maliciously damage or destroy any property of another, including public property within the city, whether real or personal property; or, without municipal authority, to deface, mutilate, tear down, or destroy any signboard or signpost within the corporate limits of the city. Where property owned by the city or under its control is so destroyed or injured, the mayor is authorized and empowered to offer a reward in any sum not exceeding $100.00 for information leading to the arrest and conviction of the guilty party. (Ord. 1300 § 22, 1985)

9.04.240 False advertising.

Repealed by Ord. 1791. (Ord. 1300 § 23, 1985)

Article VII. Minors

9.04.250 Minors in cardrooms.

It is unlawful for any minor under the age of 18 years to play at cards at or upon the tables in any place of public resort or to be in any room, enclosure or place where card games are carried on, or to loiter about or within any such place. It is unlawful for any owner, keeper, operator or employee of any public resort to allow or permit any minor under the age of 18 years to play at cards in such public resort or to loiter therein. Every person, owning, operating or having charge or control of any such place of public resort, shall post signs or notices in any room or rooms where such games of cards are played, in a conspicuous place therein in letters of not less than one inch, with the words thereon “MINORS NOT ALLOWED,” which such signs shall at all times be kept displayed in such room or rooms; failure to post such notices shall be deemed a misdemeanor. (Ord. 1300 § 24, 1985)

9.04.260 Contributing to delinquency of minor.

Any person who by an act or omission encourages, causes or contributes to the delinquency of any child under the age of 18 years is guilty of a misdemeanor. (Ord. 1300 § 25, 1985)

Article VIII. Weapons

9.04.270 Loaded rifles in motor vehicles.

It is unlawful for any person to carry, transport or convey, or to have in his possession or under his control in any motor-driven vehicle any shotgun or rifle containing shells or cartridges therein. (Ord. 1300 § 26, 1985)

9.04.280 Pistols.

Repealed by Ord. 1791. (Ord. 1300 § 27, 1985)

Article IX. Enforcement

9.04.290 Violation – Penalty.

A. Any person violating any of the provisions of this chapter, unless otherwise specifically designated, is guilty of a misdemeanor.

B. Every person convicted of a misdemeanor shall be punished by a fine in an amount fixed by the court of not more than $1,000, or by imprisonment for a maximum term fixed by the court of not more 90 days, or by both such imprisonment and fine.

C. Every person convicted of a gross misdemeanor shall be punished by a fine in an amount fixed by the court of not more than $5,000, or by imprisonment for a maximum term fixed by the court of not more than one year, or by both such imprisonment and fine. (Ord. 1300 § 30, 1985)

9.04.300 Costs of prosecution.

Whenever anyone is convicted of an offense under any section of this chapter, the court may impose the costs of prosecution in addition to the fine imposed. (Ord. 1300 § 31, 1985)

Chapter 9.06
FALSE ALARMS

Sections:

9.06.010 Definitions.

9.06.020 False alarms unlawful.

9.06.030 Tampering with or injuring system or equipment unlawful.

9.06.040 Signals for maintenance or fire drills permitted.

9.06.050 Fees.

9.06.060 False alarms – Determining preventability.

9.06.070 Report of false alarms.

9.06.080 Violation – Penalty.

9.06.010 Definitions.

For the purpose of this chapter, certain words and terms used in this chapter are defined as follows:

“False alarm” means the activation of a fire alarm at a time when no conditions attributable to a fire or smoke condition are found to exist upon the arrival of the fire department.

“Fire alarm” means the giving, signaling or transmitting of a fire alarm to any public fire station, fire company or to any central station monitoring agency, whether by telephone, spoken word or otherwise, any information to the effect that there is a fire at or near the place indicated by the person responsible for giving, signaling or transmitting such information.

“Fire chief” means the chief of Pierce County Fire Protection District No. 22 (DBA East Pierce Fire and Rescue), or his designated representative.

“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

“Preventable false alarm” means a false alarm caused or initiated or allowed to be caused or initiated by the premises’ owner, or by a representative, assignee or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance.

“Unpreventable false alarm” means a false alarm caused by power failures or interferences unrelated to the operation of the premises. (Ord. 2200 § 8, 2007; Ord. 1568 § 1, 1992)

9.06.020 False alarms unlawful.

It shall be unlawful for any person to give, signal or transmit, or for any person to cause or permit to be given, signaled or transmitted in any manner, any false alarm. (Ord. 1568 § 2, 1992)

9.06.030 Tampering with or injuring system or equipment unlawful.

It shall be unlawful for any person to tamper with or maliciously injure any fire alarm system or equipment maintained for the purpose of transmitting fire alarms to the fire department. (Ord. 1568 § 3, 1992)

9.06.040 Signals for maintenance or fire drills permitted.

Nothing in this chapter shall prohibit the sounding of any such signal essential for the carrying out of any system maintenance or fire drill. The fire chief, his designated representative or the responsible central station monitoring agency, shall be notified in advance when such signal will be sounded. (Ord. 1568 § 4, 1992)

9.06.050 Fees.

The city treasurer shall charge and collect the following fees from the person, firm or corporation having or maintaining a fire alarm system on or in a premises, either owned or occupied by the person:

A. For a fire department response to a premises at which no other false alarm has occurred within the preceding six months, hereinafter referred to as a “first response,” no fee shall be charged.

B. For a fire department response to a premises within six months after a first response, a fee of $300.00 shall be charged.

C. For a fire department response to a premises for three or more occurrences within the previous six-month period, a fee of $600.00 shall be paid for each occurrence. (Ord. 1568 § 5, 1992)

9.06.060 False alarms – Determining preventability.

The determination whether or not a false alarm was preventable shall be made by the fire chief or his designee. Any fee resulting from a determination that a false alarm was preventable shall be billed by the city treasurer’s office and shall be deposited in the general fund. (Ord. 1568 § 6, 1992)

9.06.070 Report of false alarms.

Any person having or maintaining a fire alarm shall, within three working days after notice by the fire chief at the scene of a false alarm, make a written report to the fire chief setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the fire chief may reasonably require to determine the cause of such false alarm and the prescribed corrective action necessary. (Ord. 1568 § 7, 1992)

9.06.080 Violation – Penalty.

Any person who violates any provision of this chapter shall be deemed to have committed an infraction and shall be punished by a maximum penalty of $250.00. (Ord. 1568 § 8, 1992)

Chapter 9.08
INTERFERENCE WITH FIREFIGHTING

Sections:

9.08.010 Unlawful to ride on or interfere with fire trucks.

9.08.020 Violation – Penalty.

9.08.010 Unlawful to ride on or interfere with fire trucks.

It is unlawful for any person to ride upon the fire trucks and vehicles of the city or to in any way interfere with, molest or disturb the fire department of the city or its officers and members thereof while such trucks, vehicles or equipment is going to or returning from any fire to which the department may be called or while engaged in extinguishing any such fire unless such person is an authorized member of the fire department or is acting under a request of the fire department or some member thereof. (Ord. 369 § 1, 1928. Prior code § 3.08.010)

9.08.020 Violation – Penalty.

Any person violating the provision of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000. (Ord. 1314 § 1, 1985: Ord. 369 § 2, 1928. Prior code § 3.08.020)

Chapter 9.10
INTRUSION ALARMS

Sections:

9.10.010 Purpose.

9.10.020 Definitions.

9.10.030 Alarm user permit requirements.

9.10.040 Alarm business monitoring duties.

9.10.050 Alarm systems in apartment complexes – Contracted for by individual tenants.

9.10.060 Alarm systems in apartment complexes – Furnished by the apartment complex as an amenity.

9.10.070 Local or audible alarm system cutoff.

9.10.080 Operational defects to be remedied.

9.10.090 Alarm dispatch verification process.

9.10.100 False alarms.

9.10.110 Suspension of police response.

9.10.120 Appeals process.

9.10.010 Purpose.

A. The purpose of this chapter is to encourage alarm users and alarm businesses to maintain operational reliability and to properly use alarm systems in order to reduce and prevent unnecessary police emergency responses to false alarm dispatch requests; and thereby to protect the emergency response capability of the city from misuse.

B. The obligation of complying with the requirements of this chapter and any liability for failing to do so is placed upon the parties responsible for owning, operating, monitoring or maintaining automatic alarm systems.

C. This chapter neither imposes nor creates any duties on the part of the city or any of its departments. (Ord. 1967 § 1 (part), 2001)

9.10.020 Definitions.

As used in this chapter:

A. “Alarm administrator” means a person(s) designated by the governing authority to administer, control and review alarm applications, permits and alarm dispatch requests.

B. “Alarm business” means the business, by an individual, partnership, corporation or other entity, of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in an alarm site.

C. “Alarm dispatch request” means a notification to the police by the alarm business that an alarm, either manual or automatic has been activated at a particular alarm site.

D. “Alarm site” means a single premises or location served by an alarm system or systems. Each tenancy, if served by a separate alarm system in a multi-tenant building or complex shall be considered a separate alarm site.

E. “Intrusion alarm system” means any mechanism, device or series of devices, including, but not limited to, systems interconnected with radio frequency signals, which are designed to discourage crime by emitting or transmitting a remote or local audible, visual or electronic signal indicating an alarm condition. “Alarm system” as used in this section does not include an alarm installed on a vehicle unless the vehicle is permanently located at a site; or an alarm designed to alert only the inhabitants of a premises that does not have a sounding device which can be heard on the exterior of the alarm site, or fire alarms regulated under chapter 9.06 SMC.

F. “Alarm user” means any person, firm, partnership, corporation or other entity using an alarm system at its alarm site.

G. “Alarm user permit” means a license granted to an alarm user for the express purpose of operating an alarm system.

H. “Appeal” means the process by which an alarm user may contest fees or the suspension of police response and request reinstatement of police response.

I. “Applicant” means the person applying for an alarm user permit.

J. “Chief” means chief of police of the city of Sumner or his or her designee.

K. “Conversion” means the transaction or process by which one alarm business begins monitoring of an alarm system previously monitored by another alarm business.

L. “False alarm dispatch” means an alarm dispatch request to the police department, after which the responding officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the alarm site. An alarm dispatch request that is canceled by the alarm business or the alarm user prior to the time the responding officer reaches the alarm site shall not be considered a false alarm dispatch.

M. “Master alarm permit” means the permit issued to apartment complexes that furnish alarm systems in each individual unit as an amenity.

N. “Monitoring” means the process by which an alarm business receives signals from alarm systems and relays an alarm dispatch request to the city for the purpose of summoning police response to the alarm site.

O. “Person” includes any individual, partnership, corporation or association.

P. “Silent or remote alarm” means an alarm without an obvious local indication that an alarm has been activated, which transmits a signal to a remote monitoring station.

Q. “Suspended response” means disregard or assignment of low priority to an alarm dispatch request which is being emitted from an alarm site that has a record of more than six false alarm dispatches within the calendar year.

R. “Takeover” means the transaction or process by which an alarm user takes over control of an existing alarm system which was previously controlled by another alarm user.

S. “Verification” means an attempt, by the alarm business, or its representative, to contact the alarm site by telephonic or other electronic means, whether or not actual contact with a person is made, before requesting a police dispatch, in an attempt to avoid an unnecessary alarm dispatch request. (Ord. 1967 § 1 (part), 2001)

9.10.030 Alarm user permit requirements.

A. No alarm user shall operate, or cause to be operated, an alarm system at its alarm site without a valid alarm user permit issued by the alarm administrator. A separate permit is required for each alarm site. Every alarm user shall obtain an alarm user’s permit for each system within 60 days of the time when the system becomes operative. Alarm systems in effect at the date of the passage of the ordinance codified in this chapter which do not currently have a permit shall have 60 days to apply for a permit.

B. Each applicant for an alarm user permit shall file a written application, supplied by the Sumner police department, with the alarm administrator along with an administrative fee, as set by resolution and incorporated in the city of Sumner fee schedule.

1. The administrative fee may be waived for senior citizens over the age of 65 or disabled persons if he/she is the primary occupant of the residence, and if no business is conducted in the residence.

C. Any alarm user who does not have a valid alarm user permit for the specific location or premises where an alarm activation results in the dispatch of police to the premises will be notified by regular mail within 30 days of the occurrence by the alarm administrator that no alarm user permit is currently on file for that specific location. The alarm user shall have 30 days after the date of the written notification to submit a written application for an alarm user permit. If an application has not been submitted to the alarm administrator within 30 days, a fee, as set by resolution and incorporated in the city of Sumner fee schedule, will be assessed to the alarm user, and subsequently for each false alarm activation thereafter. The fee will be in addition to any fee imposed pursuant to SMC 9.10.100.

D. Each permit application shall include, but is not limited to:

1. The full legal name, address, and telephone number of the person who will be the permit holder, be responsible for the proper maintenance and operation of the alarm system, and payment of the fees assessed pursuant to this chapter;

2. The name, address and telephone number of the premises where the alarm system is located;

3. The name, address and telephone number of the alarm business performing the alarm system installation, conversion, takeover and/or the business responsible for the maintenance or repair of the alarm system;

4. The name, address and telephone number of the alarm business monitoring the alarm system if different from the alarm business as specified in subsection (D)(3) of this section; and

5. The purpose of the alarm system located at the alarm site as either burglary, holdup, duress, or other.

E. Upon receipt of a completed written application form and permit fee, the alarm administrator shall issue an alarm user permit to the applicant unless:

1. Any false statement of material matter is made on the application;

2. An incomplete application is submitted;

3. An order of suspension of police response is currently imposed on the alarm user pursuant to SMC 9.10.110; or

4. The alarm user is delinquent on payment of any fees imposed under this chapter.

F. A transfer of any permit issued hereunder is expressly prohibited. An alarm user shall notify the alarm administrator of any changes that alters any information listed on the permit application within 30 days of the change(s). (Ord. 1967 § 1 (part), 2001)

9.10.040 Alarm business monitoring duties.

A. Alarm businesses operating in the city of Sumner shall:

1. Attempt to verify every alarm signal, except a duress or hold up alarm activation, before requesting a police response to an alarm signal;

2. Communicate verified cancellations of alarm dispatch requests to the police.

B. When any person notifies the police department or any employee thereof of an alarm activation from an alarm business, he or she shall state the following information:

1. The business name;

2. The address of the activated alarm;

3. The name and type of establishment from which the alarm originated;

4. The precise location of the alarm activation (if there is more than one floor or department);

5. The type of alarm, such as silent robbery, silent burglary, or ringer-type alarm; and

6. The telephone number to the premises.

C. Alarm businesses that request police response to an alarm signal shall maintain a record of all police calls stating the time, date, and location of the alarm. The records shall indicate the cause of the alarm and if the alarm is not caused by a criminal offense, attempted criminal offense or emergency situation, then the record shall state corrective action taken to prevent the recurrence of the false alarm. This record shall be current and shall be made available to the police department any time during normal business hours. (Ord. 1967 § 1 (part), 2001)

9.10.050 Alarm systems in apartment complexes – Contracted for by individual tenants.

A. If an alarm system is installed by an individual tenant in an apartment complex unit, the tenant must provide the following information, in addition to a completed alarm user permit application as set forth in SMC 9.10.030:

1. The name, address and telephone number of a representative of the apartment owner or property manager who can grant access to the apartment for purposes of monitoring, maintaining, installing or repairing the alarm system;

2. The name, address and telephone number of a representative of the apartment owner or property manager who can grant access to the apartment to the police department in case of emergency.

B. For purposes of enforcing this chapter against an individual residential unit, the tenant is responsible for false alarm dispatches emitted from the alarm system in the tenant’s residential unit. (Ord. 1967 § 1 (part), 2001)

9.10.060 Alarm systems in apartment complexes – Furnished by the apartment complex as an amenity.

A. If the apartment complex owner or property manager provides an alarm system in each residential unit as an amenity, then the owner or property manager of the apartment complex shall obtain a master alarm permit from the alarm administrator. As set by resolution and incorporated into the city of Sumner fee schedule, the fee for this permit shall be assessed per residential unit. All units, whether occupied or not, shall be included in calculating the required fee.

B. For purposes of assessing fees and enforcing this chapter, the master alarm permit holder is responsible for payment of fees for false alarm dispatches emitted from the alarm systems in residential units.

C. The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage and equipment areas. A fee for such a permit shall be the same as the fee for a residential alarm site. (Ord. 1967 § 1 (part), 2001)

9.10.070 Local or audible alarm system cutoff.

A. No automatic property, burglary or holdup/duress alarm when activated shall cause an audible sound to be heard off the premises continuously for more than 15 minutes.

B. Owners of existing automatic property or burglary alarms which when activated send audible sounds off the premises and sound continuously until turned off, shall limit the duration of the sound to 15 minutes or less by such methods as installing an automatic shutoff mechanism, connecting to a monitoring system, or converting to more modern equipment.

C. Nothing in this section shall limit the duration of a fire or other evacuation alarm during a bona fide emergency when the sound may assist in saving life or avoiding injury. (Ord. 1967 § 1 (part), 2001)

9.10.080 Operational defects to be remedied.

The sensory mechanisms used in connection with alarm systems shall be adjusted to reduce false alarm activations caused or activated by impulses due to transient pressure changes in water pipes, short flashes of light, wind noises such as the rattling or vibrating of doors or windows, vehicular noises adjacent to the installation, or other forces unrelated to genuine alarm activations. (Ord. 1967 § 1 (part), 2001)

9.10.090 Alarm dispatch verification process.

A. Every alarm system business that monitors alarm systems in the city of Sumner shall maintain a verification process with those subscribers who have an automatic alarm system to prevent false alarms from resulting in unnecessary police dispatch requests.

B. A verification process is an independent method of determining that a signal from an automatic alarm system reflects a need for immediate police response. The verification process shall not take more than five minutes calculated from the time that the alarm signal has been accepted by alarm system monitoring business until a decision is made whether to call for a police dispatch. The means of verification may include one or more of the following:

1. The establishment of voice communication with an authorized person at or near the premises who may indicate whether or not a need for immediate police response exists;

2. A feature that permits the alarm user or a person authorized by the alarm user to send a special signal to the alarm system monitoring business that will cancel an alarm immediately after it has been sent and prevent the monitoring company from calling for a police dispatch;

3. The installation of a video system that provides the alarm system monitoring company the ability to ascertain that activity is occurring which warrants immediate police response; or

4. A confirmation that a signal reflects a need for immediate police response either by the alarm user, person authorized by the alarm user, or an alternate response agency made before dispatching police. (Ord. 1967 § 1 (part), 2001)

9.10.100 False alarms.

A. As a fee for false alarm dispatches, an alarm user or permit holder shall be subject to warnings, fees, and/or suspension of future police response to false alarm activation. The fee for each false alarm dispatch will depend on the number of false alarm dispatches emitted from an alarm system within the calendar year.

B. For police response to any false alarm, the city shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him, fees as follows:

Number of
False Alarm
Dispatches Fee

1 As set by resolution and incorporated in the city of Sumner fee schedule

2 As set by resolution and incorporated in the city of Sumner fee schedule

3 As set by resolution and incorporated in the city of Sumner fee schedule

4 As set by resolution and incorporated in the city of Sumner fee schedule

5 As set by resolution and incorporated in the city of Sumner fee schedule

6 As set by resolution and incorporated in the city of Sumner fee schedule

7 Suspension of police response

C. All fees may be amended by the city council by resolution.

D. All fees must be paid to the city finance department within 30 days from the issue date of the written notification of the fee requesting payment.

E. All assessment of fees may be appealed to the chief of police pursuant to SMC 9.10.120. (Ord. 1967 § 1 (part), 2001)

9.10.110 Suspension of police response.

A. As a penalty for continuous false alarm dispatches at a particular alarm site, alarm users may be subject to suspension of police response to future alarm activations. Such suspension will have no impact or bearing on emergency 911 calls made by the alarm user. After five false alarms within the calendar year, the alarm administrator shall send written notification by regular mail to the alarm user that will contain the following information:

1. That five false alarms have occurred within a calendar year;

2. That if one more false alarm occurs within the calendar year, police officers will not respond to any subsequent alarm dispatch requests for that particular alarm site without the written approval of the chief of police;

3. That the approval of the chief of police can only be obtained by applying in writing for reinstatement. The chief may reinstate the alarm user upon finding that all outstanding fees imposed and owed to the city under this chapter have been paid, and reasonable efforts have been made to correct the false alarms. Such corrections or repairs may consist of, but are not limited to, the following:

a. Renovation of the alarm system by an alarm business or authorized service personnel;

b. Installation of new system; or

c. Material changes to the existing alarm system so as to reduce the number of false alarm activations.

B. Reinstatement of the alarm user, by written approval from the chief, shall nullify the previous five false alarms.

C. Unless there has been written approval by the chief of police reinstating the alarm user, the alarm administrator shall notify the alarm user upon the occurrence of the sixth false alarm by certified mail of the suspension of police response. The suspension of police response to an alarm user shall begin 10 days after the date of the written notification.

D. For purposes of this section, under a master alarm permit, each individual apartment unit will be considered a separate alarm site.

E. The order of suspension of police response may be appealed to the chief of police as set forth in SMC 9.10.120. (Ord. 1967 § 1 (part), 2001)

9.10.120 Appeals process.

A. Any alarm user subject to the imposition of a fee or order of suspension of police response may appeal under the terms of this chapter within 14 days from the issue date of the written notification from the alarm administrator.

B. The filing of a request for an appeal with the chief of police will stay the fee or suspension of police response until a decision is made on the appeal.

C. Appeals must contain the following information:

1. The reasons for the appeal, such as any mitigating circumstances for the cause of the false alarm; and

2. Written verification of an inspection of the alarm system for any mechanical, electrical or other malfunction that may have been the cause of the alarm activation, and if a malfunction is deemed to exist, written verification of the correction or repair of the alarm system.

D. Upon receipt of a written request for an appeal, the chief of police must either affirm or reverse the imposition of the fee or order of suspension of police response within 30 days after the receipt of the appeal request.

E. The written decision of the chief of police is final as to the administrative remedies of the city.

F. Unless written notice of appeal is filed with the chief of police within 14 days from the issue date of the notice of imposition of any fees pursuant to SMC 9.10.030(C), or order of suspension of police response pursuant to SMC 9.10.110, said sanction is deemed to be final. (Ord. 1967 § 1 (part), 2001)

Chapter 9.12
DOMESTIC VIOLENCE

Sections:

9.12.010 Purpose.

9.12.020 Repealed.

9.12.030 Law enforcement officer training and conduct.

9.12.040 Duties of court.

9.12.050 Repealed.

9.12.060 No-contact order – Issuance.

9.12.070 No-contact order – Enforcement.

9.12.080 Violation of protection order.

9.12.090 Notice to victim by prosecutor.

9.12.100 Statutes adopted by reference.

9.12.010 Purpose.

The purpose of this chapter is to recognize the importance of domestic violence as a serious crime against society and to assure the victims of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide. The city finds that the existing criminal ordinances are adequate to provide protection for victims of domestic violence; however, previous societal attitudes have been reflected in policies and practices of law enforcement agencies and prosecutors which have resulted in differing treatment of crimes occurring between cohabitants and the same crimes occurring between strangers. Only recently has public perception of the serious consequences of domestic violence to society and to the victims led to the recognition of the necessity for early intervention by law enforcement agencies. It is the intent of the city that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the city that criminal laws be enforced without regard to whether the persons involved are or were married, cohabiting, or involved in a traditional relationship. (Ord. 1264 § 1, 1984)

9.12.020 Definitions.

Repealed by Ord. 1784. (Ord. 1264 § 2, 1984)

9.12.030 Law enforcement officer training and conduct.

A. All training of law enforcement officers relating to the handling of domestic violence complaints shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim. Law enforcement agencies and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.

B. The primary duty of peace officers when responding to a domestic violence situation is to enforce laws allegedly violated and to protect the complaining party.

C. When a peace officer responds to a domestic violence call and has probable cause to believe that a crime defined in this chapter as domestic violence has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100 and city traffic ordinances identical thereto. The officer shall notify the victim of the victim’s rights to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.

D. A peace officer responding to a domestic violence call shall take a complete offense report, including the officer’s disposition of the case.

E. When a police officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:

If you are the victim of domestic violence, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in Superior, District, or Municipal Court requesting an order for protection from domestic abuse which could include any of the following:

(a) An order restraining your abuser from further acts of abuse;

(b) An order directing your abuser to leave your household;

(c) An order preventing your abuser from entering your residence, school, business, or place of employment;

(d) An order awarding you or the other parent custody of or visitation with your minor child or children; and

(e) An order restraining your abuser from molesting or interfering with minor children in your custody.

The forms you need to obtain a protection order are available in any Municipal, District, or Superior Court. Information about shelters and alternatives to domestic violence is available from a state-wide 24-hour toll-free hotline at 1-800-562-6025. The battered women’s shelter and other resources in this area are: (include current local information).

F. The peace officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.

G. The law enforcement agency shall forward the offense report to the appropriate prosecutor within 10 days of making such report if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.

H. Each law enforcement agency shall make, as soon as practicable, a written record and shall maintain records of all incidents of domestic violence reported to it.

I. Records kept pursuant to subsections C and H of this section shall be made identifiable by means of a departmental code for domestic violence. (Ord. 1264 § 3, 1984)

9.12.040 Duties of court.

A. Because of the serious nature of domestic violence, the court, in domestic violence actions:

1. Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

2. Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

3. Shall waive any requirement that the victim’s location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence; provided that the court may order a criminal defense attorney not to disclose to his client the victim’s location; and

4. Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

B. Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any defendant charged with a crime involving domestic violence is released from custody before trial and sentencing on bail or personal recognizance, the court authorizing the release may prohibit the defendant from having any contact with the victim. In such case, the court should determine whether the defendant should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting the defendant from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the defendant from having contact with the victim. The no-contact order shall also be issued in writing as soon as possible. Wilful violation of a court order issued under this section is a misdemeanor, and any person convicted thereof may be punished by a fine of not more than $500.00 or by imprisonment for no more than six months, or both. The written order releasing the defendant shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under Ordinance No. 1264 of the City of Sumner, and will subject a violator to arrest.” A certified copy of the order shall be provided to the victim.

C. Whenever an order prohibiting contact is issued under subsection B of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order, and the Sumner Police Department. Upon receipt of the copy of the order, the Sumner Police Department shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notices to all law enforcement agencies of the existence of the order. (Ord. 1264 § 4, 1984)

9.12.050 Appearances by defendant.

Repealed by Ord. 1784. (Ord. 1264 § 5, 1984)

9.12.060 No-contact order – Issuance.

A. When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant’s ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

B. Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order, and the Sumner Police Department. Upon receipt of the copy of the order, the Sumner Police Department shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notices to all law enforcement agencies of the existence of the order. (Ord. 1264 § 6, 1984)

9.12.070 No-contact order – Enforcement.

Any order issued pursuant to this chapter which restricts a defendant’s ability to have contact with a victim shall be enforced by taking the defendant into custody pending release on bail, personal recognizance, or court order, when a police officer has probable cause to believe that the defendant has knowingly violated the terms of that order. (Ord. 1264 § 7, 1984)

9.12.080 Violation of protection order.

A. Whenever an order for protection is granted pursuant to the terms of the Domestic Violence Prevention Act (chapter 26.50 RCW), and the person restrained knows of the provisions thereof, a violation of the restraining provisions or of a provision excluding the person from a residence is a misdemeanor and, upon conviction thereof, shall be punishable by a fine in an amount fixed by the court of not more than $1,000 or by imprisonment for a maximum term fixed by the court of not more than 90 days, or by both such fine and imprisonment.

B. A police officer shall arrest without a warrant and take into custody a person the police officer has probable cause to believe has violated an order issued pursuant to the Domestic Violence Prevention Act (chapter 26.50 RCW), which restrains the person or excludes the person from a residence, if the person restrained knows of the order. (Ord. 1468 § 1, 1989; Ord. 1264 § 8, 1984)

9.12.090 Notice to victim by prosecutor.

The city attorney shall be responsible for making the decision whether or not to prosecute, shall advise the victim of that decision within five days, and, prior to making that decision, shall advise the victim, upon the victim’s request, of the status of the case. Notification to the victim that charges will not be filed shall include a description of the procedures available to the victim in the jurisdiction to initiate a criminal proceeding. (Ord. 1264 § 9, 1984)

9.12.100 Statutes adopted by reference.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of the Revised Code of Washington are hereby adopted by reference:

RCW

10.31.100 Arrest without warrant.

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

26.50.010 Definitions.

26.50.110 Violation of order – Penalties.

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

26.50.140 Peace officers – Immunity.

26.50.200 Title to real estate – Effect.

26.50.210 Proceedings additional.

26.50.900 Short title.

(Ord. 1784 § 1, 1996: Ord. 1264 § 10, 1984)

Chapter 9.16
DRUGS³

Sections:

9.16.010 Statutes adopted by reference.

9.16.020 Legend drug labeling.

9.16.030 Being under the influence of drugs.

9.16.040 Possession of injection devices.

9.16.050 Places of resort – Nuisance.

9.16.060 Places of resort – Abatement.

9.16.070 Places of resort – Presence.

9.16.080 Search and seizure.

9.16.090 Violation – Penalty.

9.16.010 Statutes adopted by reference.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of chapter 69.50 RCW relating to drugs and other controlled substances are hereby adopted by reference:

RCW

69.50.101

69.50.202

69.50.204

69.50.206

69.50.208

69.50.210

69.50.212

69.50.302

69.50.307

69.50.308

69.50.309

69.50.401(e)

69.50.404

69.50.407

69.50.500

69.50.505

69.50.506

69.50.509

(Ord. 1615 § 1, 1994: Ord. 1467 § 1, 1989; Ord. 1247 § 1, 1984)

9.16.020 Legend drug labeling.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of chapter 69.41 RCW relating to legend drug labeling are hereby adopted by reference:

RCW

69.41.010 Definitions (Legend drugs – Prescription drugs).

69.41.020 Prohibited acts – Information not privileged communication.

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

69.41.040 Prescription requirements.

69.41.050 Labeling requirements.

69.41.070 (3) (5) Penalties.

69.41.230 Drugs in violation are contraband.

69.41.300 Definitions (Steroids).

(Ord. 1793 § 1, 1997: Ord. 1247 § 2, 1984)

9.16.030 Being under the influence of drugs.

It is unlawful for any person to be under the influence of any drug or other controlled substance as defined or scheduled in chapter 69.50 RCW in any private premises or house to the annoyance of any individual, or in a public place, in a vehicle in or on a public place, or in a place open to the public view or to which the public has access. For the purposes of this section, an individual is “under the influence” of a drug or other controlled substance when any of his normal facilities are substantially affected or impaired as a result of the use of such drug or other controlled substance. (Ord. 1247 § 3, 1984)

9.16.040 Possession of injection devices.

It is unlawful for any person to possess any hypodermic needle, syringe, or similar device which may be adapted or used for injecting drugs or other controlled substances by subcutaneous or intracutaneous injection into the body, unless such possession be authorized for medical or physical treatment by a licensed medical doctor or osteopathic physician; provided, however, that the provisions contained in this section shall not apply to manufactur-ers, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians, pharmacists, embalmers, drug stores and drug distributors selling or using

such devices in the ordinary and legal course of their respective business, trades or professions. (Ord. 1247 § 4, 1984)

9.16.050 Places of resort – Nuisance.

It is unlawful for any person, firm, corporation or agent, holding, leasing, renting, occupying or having charge and control of, any building, structure or premises, or room or rooms therein, to permit the same to be used as a place or resort for persons known to be users of drugs or other controlled substances, or to permit therein the unlawful sale, attempted sale, gift, or distribution of drugs or other controlled substances. Any such place, or any place which is a resort for users of drugs or other controlled substances, is a public nuisance, and maybe abated as such in the manner provided by this chapter. (Ord. 1247 § 5, 1984)

9.16.060 Places of resort – Abatement.

Any building, structure, premises, or room or rooms therein, constituting a nuisance as defined in this chapter may be abated in a civil action in the manner provided by law, or the court upon final judgment of conviction for violation of this chapter of any person found therein at the time of his arrest may forthwith, and as a part of the same proceeding, direct the chief of police to abate summarily any such place as a nuisance as defined by this chapter. Such abatement shall be effected by closing and securely locking the place abated and excluding all persons therefrom. It is unlawful for any owner, agent, lessee, tenant, person in charge or occupant to enter or use or occupy any building, structure or premises, or room or rooms therein, abated as a nuisance under the provisions of this chapter, from and for a period of one year after the date of such abatement, unless he as principal theretofore gives and files with the clerk-treasurer a good and sufficient surety bond, to be approved by the court making the order of abatement, or in case of summary abatement to be approved by the chief of police, in the penal sum of $1,000, payable to the city of Sumner, conditioned that such building, structure or premises, or room or rooms therein, will not thereafter be used in violation of this against him for any violation of this chapter; and in case of the violation of any of the conditions of such bond the whole amount may be recovered as a penalty for the use of the city. (Ord. 1247 § 6, 1984)

9.16.070 Places of resort – Presence.

It is unlawful for anyone, not lawfully authorized, to frequent, enter, be in, or be found in, any place where drugs or other controlled substances or their derivatives are unlawfully used, kept or disposed of. (Ord. 1247 § 7, 1984)

9.16.080 Search and seizure.

If upon the sworn complaint of any person it is made to appear to any judge of any court of competent jurisdiction in the matter that there is probably cause to believe that any drug or other controlled substance is being used, manufactured, sold, offered for sale, bartered, exchanged, given away, furnished or otherwise disposed of, or kept in violation of the provisions of this chapter, such judge shall issue a warrant directed to the chief of police, or any police officer in the police department, commanding him to search the premises designated and described in such complaint and warrant and to seize all drugs or other controlled substances there found, together with the vessels in which they are contained and all implements, furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, giving away, furnishing or otherwise disposing of such. (Ord. 1247 § 8, 1984)

9.16.090 Violation – Penalty.

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

B. A person who is convicted of a violation of this chapter, specifically designated as a gross misdemeanor, shall be punished by a fine in an amount fixed by the court of not more than $5,000, or by imprisonment for a maximum term fixed by the court of not more than one year, or by both such imprisonment and fine. (Ord. 1467 § 2, 1989: Ord. 1301 § 1, 1985: Ord. 1247 § 9, 1984)

Chapter 9.20
DRUG PARAPHERNALIA

Sections:

Article I. Sales and Display

9.20.010 Permitting presence of unaccompanied minors prohibited.

9.20.020 Parents to accompany minors.

9.20.030 Separation of sales and display rooms.

9.20.040 Nuisance abatement.

9.20.050 Violation – Penalty.

Article II. Possession, Manufacture, Advertisement

9.20.060 Statutes adopted by reference.

9.20.070 Repealed.

9.20.080 Repealed.

9.20.090 Repealed.

9.20.100 Nuisance declared.

9.20.110 Disposition of property.

9.20.120 Violation – Penalty.

Article I. Sales and Display

9.20.010 Permitting presence of unaccompanied minors prohibited.

No owner, manager, proprietor or other person in charge of any place of business selling or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia, as defined by RCW 69.50.102, for smoking or injection, or consuming marijuana, hashish, PCP, or any controlled substance, as defined by the laws of the state, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian. (Ord. 1315 § 1, 1985)

9.20.020 Parents to accompany minors.

A person under the age of 18 years shall not be, remain in, enter or visit any room in any place used for the sale, or displaying for sale, devices, contrivances, instruments or paraphernalia, as defined by RCW 69.50.102, for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless such person is accompanied by one of his or her parents, or his or her legal guardian. (Ord. 1315 § 2, 1985)

9.20.030 Separation of sales and display rooms.

A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia, as defined by RCW 69.50.102, for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be signposted in reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such a room, and minors, unless accompanied by a parent or legal guardian, are excluded. (Ord. 1315 § 3, 1985)

9.20.040 Nuisance abatement.

A. The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as set forth in this section, and where devices, contrivances, instruments or paraphernalia, as defined by RCW 69.50.102, for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed for smoking the foregoing, is a public nuisance, and any building, structure, premises, or room or rooms therein, constituting a nuisance as herein defined may be abated in a civil action in the manner provided by law, or the court upon final judgment of conviction for violation of this chapter of any person found therein at the time of his arrest may forthwith, and as a part of the same proceedings, direct the chief of police to abate summarily any such place as a nuisance as defined by this chapter.

B. Such abatement shall be effected by closing and securely locking the place abated and excluding all persons therefrom. It is unlawful for any owner, agent, lessee, tenant, person in charge or occupant to enter, use or occupy any building, structure or premises, or room or rooms therein, abated as a nuisance under the provisions of this chapter, from and for a period of one year after the date of such abatement, unless he as principal gives and files with the clerk-treasurer a good and sufficient surety bond, to be approved by the court making the order of abatement, or in case of summary abatement to be approved by the chief of police, in the penal sum of $1,000, payable to the city, conditioned that such building, structure or premises, or room or rooms therein, will not thereafter be used in violation of this chapter, and further conditioned that he will pay all fines, costs and damages assessed against him for any violation of this chapter, and in case of the violation of any of the conditions of such bond the whole amount maybe recovered as penalty to the city. This remedy is in addition to any other remedy provided by law. (Ord. 1315 § 4, 1985)

9.20.050 Violation – Penalty.

Any person who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined by a sum not exceeding $1,000, or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment. (Ord. 1315 § 5, 1985)

Article II. Possession, Manufacture, Advertisement

9.20.060 Statutes adopted by reference.

Pursuant to the provisions of RCW 35A.12.140, the following sections of chapter 69.50 RCW relating to drug paraphernalia are adopted by this reference:

RCW

69.50.102 Drug paraphernalia – Definitions

69.50.412 Prohibited acts

(Ord. 1469 § 1, 1989: Ord. 1396 § 1, 1987)

9.20.070 Possession prohibited. Repealed by Ord. 1537. (Ord. 1396 § 2, 1987)

9.20.080 Manufacture or delivery prohibited. Repealed by Ord. 1537. (Ord. 1396 § 3, 1987)

9.20.090 Advertisement prohibited. Repealed by Ord. 1537. (Ord. 1396 § 4, 1987)

9.20.100 Nuisance declared.

The distribution or possession for the purpose of sale, exhibition or display, in any place of business, of any devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is declared to be a public nuisance and may be abated. This remedy shall be in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this article. (Ord. 1396 § 5, 1987)

9.20.110 Disposition of property.

Any item determined by a court of competent jurisdiction to be drug paraphernalia shall be deemed forfeited to the city. (Ord. 1396 § 6, 1987)

9.20.120 Violation – Penalty.

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

B. A person who is convicted of a violation of this article, specifically designated as a gross misdemeanor, shall be punished by a fine in an amount fixed by the court of not more than $5,000, or by imprisonment for a maximum term fixed by the court of not more than one year, or by both such imprisonment and fine. (Ord. 1469 § 2, 1989: Ord. 1396 § 7, 1987)

Chapter 9.24
URINATING OR DEFECATING
IN PUBLIC

Sections:

9.24.010 Definitions.

9.24.020 Urinating or defecating in public.

9.24.030 Violation – Civil infraction.

9.24.010 Definitions.

For the purpose of this chapter, “public place” is defined as follows:

A “public place” is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, motor vehicles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, in the doorways and entrances to buildings or dwellings and the grounds enclosing them. (Ord. 1614 § 1, 1994)

9.24.020 Urinating or defecating in public.

A person is guilty of urinating or defecating 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. (Ord. 1614 § 2, 1994)

9.24.030 Violation – Civil infraction.

Any violation of the provisions of this chapter shall be a civil infraction, and any person found in violation thereof shall be subject to a penalty not to exceed $100.00. (Ord. 1614 § 3, 1994)

Chapter 9.28
CURFEW FOR MINORS

(Repealed by Ord. 2084)

Chapter 9.32
DISORDERLY CONDUCT

Sections:

9.32.010 Designated.

9.32.020 Violation – Penalty.

9.32.010 Designated.

In addition to the acts set forth in RCW 9A.84.030, a person is guilty of the crime of disorderly conduct if he or she:

A. Intentionally fights with another in a public place and thereby creates a substantial risk of:

1. Injury to a person who is not actively participating in the fight; or

2. Damage to the property of a person who is not actively participating in the fight; or

B. Challenges another person to fight, fights with another or fights by agreement; except as part of an organized athletic event; or

C. Throws objects at a house, building, vehicle or person with an intent to annoy, intimidate, harass or disturb any person. (Ord. 1773 § 1, 1996)

9.32.020 Violation – Penalty.

Any person violating any provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000, or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment. (Ord. 1773 § 3, 1996)

Chapter 9.36
PUBLIC DISTURBANCE NOISE

Sections:

9.36.010 Designated.

9.36.020 Violation – Penalty.

9.36.010 Designated.

It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises:

A. Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself. (Ord. 1774 § 1, 1996)

9.36.020 Violation – Penalty.

Any person, entity, firm or corporation convicted of violating the provisions of SMC 9.36.010 shall be guilty of a misdemeanor, the maximum penalty for which shall be 90 days in jail or a fine of $1,000, or both such fine and imprisonment. Upon a first such conviction the fine shall be $100.00, of which $50.00 shall not be suspended or deferred. On a second conviction the fine shall be $200.00, of which $100.00 shall not be suspended or deferred. A fine of $500.00 shall be imposed for each subsequent violation, of which $250.00 shall not be suspended or deferred. The mandated minimum shall include statutory costs and assessments. (Ord. 1774 § 2, 1996)

Chapter 9.40
SCHOOL PROPERTY AND PERSONNEL

Sections:

9.40.010 Adopted RCW Title 28A statutes.

9.40.010 Adopted RCW Title 28A statutes.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of RCW Title 28A, Offenses Relating to School Property and Personnel, are hereby adopted by reference:

RCW

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

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

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

28A.635.040 Examination questions – Disclosing – Penalty.

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

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

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

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

28A.635.120 Violations under RCW 28A.635.090 and 28A.635.100 – Penalty.

(Ord. 1947 § 1, 2001)

Chapter 9.44
DISPOSAL OF FORFEITED FIREARMS

Sections:

9.44.010 Purpose.

9.44.020 Forfeited firearms – Procedures.

9.44.010 Purpose.

The purpose of this chapter is to provide for the disposal of certain firearms that may come into the possession of the Sumner police department in accordance with and pursuant to chapter 9.41 RCW. (Ord. 2138 § 1, 2005)

9.44.020 Forfeited firearms – Procedures.

A. Except as provided in subsections B and C of this section, firearms that are:

1. Judicially forfeited and no longer needed for evidence; or

2. Forfeited due to a failure to make a claim under RCW 53.32.010 or 63.40.010; may be disposed of by the Sumner police department, in its discretion, as follows:

a. Retained for departmental use;

b. Traded to licensed dealers;

c. Auctioned to licensed dealers; or

d. Destroyed.

The provisions of this subsection shall apply only to firearms that have come into the possession of the police department after the effective date of the ordinance codified in this section. Firearms that have come into the possession of the department prior to said date shall be disposed of in accordance with RCW 9.41.098.

B. Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol, Tobacco and Firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.

C. All firearms that are unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession, or under control, shall be destroyed; provided, however, if such firearms may be rendered lawful by removal or alteration of components, the police department may, in its discretion, remove or alter components and thereafter dispose of such firearms in accordance with subsection A of this section.

D. Any proceeds received from the trade or auction of firearms shall be used by the police department for law enforcement purposes. (Ord. 2138 § 2, 2005)

---

Footnotes

¹For provisions granting a code city all powers of any city of any class, see RCW 35A.21.160; for statutory provisions on the Washington Criminal Code, see Title 9A RCW; for provisions on crimes and punishments, see Title 9 RCW; for provisions on liquor, see Title 66 RCW; for provisions on police power, see RCW 35A.11.020.

²For statutory provisions covering crimes against the person, see chapter 9.62 RCW. For statutory provisions on gambling, see chapters 9.46 and 9.47 RCW; for provisions on indecent exposure, see chapter 9A.88 RCW; for provisions on obscenity and pornography, see chapter 9.68 RCW. For statutory provisions regarding public nuisances and their abatement, see chapter 9.66 RCW. For statutory provisions covering firearms, see chapter 9.41 RCW, general firearm provisions; and RCW 77.16.250, carrying loaded rifle or shotgun in vehicle. For statutory provisions regarding the use of firearms to intimidate, see RCW 9.41.270. For statutory provisions on arson, reckless burning and malicious mischief, see chapter 9A.48 RCW; on fraud, chapter 9A.60 RCW; on burglary and trespass, chapter 9A.52 RCW; and on theft and robbery, chapter 9A.56 RCW.

³See chapter 69.50 RCW for state law on uniform controlled substances.