Chapter 9.24
OFFENSES AGAINST PROPERTY

Sections:

9.24.010    Definitions.

9.24.020    Theft defined – Defenses.

9.24.030    Theft.

9.24.040    Larcenies to be considered thefts.

9.24.050    Possessing stolen property – Defined – Defense – Presumptions.

9.24.060    Possessing stolen property in the third degree.

9.24.070    Recovery and accounting of stolen property.

9.24.080    Theft of property lost, mislaid or delivered by mistake.

9.24.090    Receiving or possessing stolen property.

9.24.100    Obscuring identity of a machine.

9.24.110    Theft of services and rental equipment.

9.24.115    Obtaining hotel, lodging house, accommodations, etc., by fraud – Penalty.

9.24.120    False weights and measures.

9.24.130    Vandalism.

9.24.140    Shoplifting.

9.24.150    Criminal impersonation.

9.24.160    Trespassing – First and second degree.

9.24.170    Burglar tool possession or fabrication.

9.24.180    Vehicle prowling.

9.24.190    Reckless burning.

9.24.200    Malicious mischief in the third degree – Misdemeanor.

9.24.210    Malicious mischief in the third degree – Physical damage defined.

9.24.220    Threats to bomb or injure property – Unlawful.

9.24.230    Threats to bomb or injure property – Hoax.

9.24.240    Threats to bomb or injure property – Penalty.

9.24.250    Conversion of encumbered, leased or rented property.

9.24.260    Failure to return leased or rented property.

9.24.270    Fraudulent removal or destruction of property or records.

9.24.280    Knowingly receiving fraudulent conveyance.

9.24.290    Fraud in assignment for benefit of creditors.

9.24.300    Use of slugs in telephones or other coin receptacles.

9.24.310    Utility damage or fraud.

9.24.320    Obstructing way, drain or ditch.

9.24.330    Removing earth materials.

9.24.340    Removal of bulkhead or bank protection material.

9.24.010 Definitions.

The following definitions are applicable in this chapter unless the context otherwise requires:

A. “Appropriate lost or misdelivered property or services” means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property.

B. “By color or aid of deception” means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services.

C. “Credit card” means any instrument or device, whether incomplete, revoked or expired, whether known as a credit card, credit plate, charge plate, courtesy card, or by any other name, issued with or without fee for the use of the cardholder in obtaining money, goods, services, or anything else of value, including satisfaction of a debt or the payment of a check drawn by a cardholder, either on credit or in consideration of an undertaking or guarantee by a cardholder.

D. “Deception” occurs when an actor knowingly:

1. Creates or confirms another’s impression which the actor knows to be false; or

2. Fails to correct another’s impression which the actor previously has created or confirmed; or

3. Prevents another from acquiring information material to the disposition of the property involved; or

4. Promises performance which the actor does not intend to perform or knows will not be performed.

E. “Deprive,” in addition to its common meaning, means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets, or computer programs, provided that the aforementioned are of a private proprietary nature.

F. “Obtain control over,” in addition to its common meaning, means:

1. In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or

2. In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another.

G. “Owner” means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services.

H. “Receive” includes, but is not limited to, acquiring title, possession, control or a security interest, or any other interest in the property.

I. “Services” includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public-utility nature such as gas, electricity, steam and water.

J. “Stolen” means obtained by theft, robbery or extortion.

K. Value.

1. “Value” means the market value of the property or services at the time and in the approximate area of the criminal act.

2. Whether or not they have been issued or delivered, written instruments, except those having a readily ascertained market value, shall be evaluated as follows:

a. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

b. The value of a ticket or equivalent instrument which evidences a right to receive transportation, entertainment or other service shall be deemed the price stated thereon, if any, and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public.

c. The value of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

3. Whenever any series of transactions which constitute theft would, when considered separately, constitute theft in the third degree because of value, and the series of transactions are a part of a common scheme or plan, then the transactions are a part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all such transactions shall be the value considered in determining the degree of theft involved.

4. Whenever any person is charged with possessing stolen property and such person has unlawfully in his possession at the same time the stolen property of more than one person, then the stolen property possessed may be aggregated in one count and the sum of the value of all the stolen property shall be the value considered in determining the degree of theft involved.

5. Property or services having value that cannot be ascertained pursuant to the standards set forth above in this subsection shall be deemed to be of a value not exceeding $250.00.

L. “Wrongfully obtains” or “exerts unauthorized control” means:

1. To take the property or services of another; or

2. Having any property or services in one’s possession, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian or officer of any person, estate, association or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody or control, to secret, withhold or appropriate the same to his own use or to the use of any person other than the true owner or person entitled thereto. (Ord. 1558 § 1, 1980; prior code § 6.05.010)

9.24.020 Theft defined – Defenses.

A. “Theft” means:

1. To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or

2. By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or

3. To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him of such property or services.

B. In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claims are untenable. (Ord. 1558 § 1, 1980; prior code § 6.05.020)

9.24.030 Theft.

A. A person is guilty of theft if he commits theft of property or services which does not exceed $750.00 in value.

B. Theft is a gross misdemeanor. (Ord. 2814 § 2 (Exh. A), 2012; Ord. 1728 § 3, 1984; Ord. 1558 § 1, 1980; prior code § 6.05.030)

9.24.040 Larcenies to be considered thefts.

All offenses defined as larcenies outside of this title shall be treated as thefts as provided in this title. (Ord. 1558 § 1, 1980; prior code § 6.05.040)

9.24.050 Possessing stolen property – Defined – Defense – Presumptions.

A. “Possessing stolen property” means knowingly to receive, retain, possess, conceal or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.

B. The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of possessing stolen property.

C. When a person not an issuer or agent thereof has in his possession or under his control stolen credit cards issued in the names of two or more persons, he shall be presumed to know that they are stolen. This presumption may be rebutted by evidence raising a reasonable inference that the possession of such stolen credit cards was without knowledge that they were stolen. (Ord. 1558 § 1, 1980; prior code § 6.05.050)

9.24.060 Possessing stolen property in the third degree.

A. A person is guilty of possessing stolen property in the third degree if:

1. He possesses stolen property which does not exceed $250.00 in value; or

2. He possesses a stolen public record, writing or instrument kept, filed or deposited according to law; or

3. He possesses a stolen firearm.

B. Possessing stolen property is a misdemeanor and punishable as theft under BMC 9.24.030. (Ord. 1558 § 1, 1980; prior code § 6.05.060)

9.24.070 Recovery and accounting of stolen property.

A. The officer arresting any person charged as principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to have been stolen, and after seizure shall be answerable therefor while it remains in his hands, and shall annex a schedule thereof to his return of the warrant.

B. Whenever the prosecuting attorney requires property contemplated in subsection A of this section for use as evidence upon the examination or trial, such officer, upon his demand, shall deliver it to him and take his receipt therefor, after which such prosecuting attorney shall be answerable for the property. (Ord. 1558 § 1, 1980; prior code § 6.05.070)

9.24.080 Theft of property lost, mislaid or delivered by mistake.

A. A person is guilty of theft if he obtains or exerts control over the property of another that he knows to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, and he fails to take reasonable measures to discover and notify the owner.

B. As used in this section, “reasonable measures” includes but is not necessarily limited to notifying the identified owner or any peace officer. (Ord. 1558 § 1, 1980; prior code § 6.05.080)

9.24.090 Receiving or possessing stolen property.

A. A person is guilty of theft if he receives, possesses, retains or disposes of property of another knowing that it has been stolen or consciously disregarding a substantial risk that it has been stolen, unless the property is received, retained or disposed of with purpose to restore it to the owner.

B. “Receiving” means acquiring possession, control or title, or lending on the security of the property. (Ord. 1558 § 1, 1980; prior code § 6.05.090)

9.24.100 Obscuring identity of a machine.

A. A person is guilty of obscuring the identity of a machine if he knowingly:

1. Obscures the manufacturer’s serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, or other device held for sale knowing that the serial number or other identification number or mark has been obscured; or

2. Possesses a vehicle, machine, engine, apparatus, appliance or other device held for sale knowing that the serial number or other identification number or mark has been obscured.

B. “Obscure” means to remove, deface, cover, alter, destroy or otherwise render unidentifiable.

C. Obscuring identity of a machine is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.100)

9.24.110 Theft of services and rental equipment.

A. Definitions.

1. “Services” includes, but is not limited to, labor, professional service, telephone or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, use of vehicles or property. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to pay on demand or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.

2. “Proper notice” consists of a written demand by the owner or the owner’s agent made after the due date of the rental, lease, lease-purchase, or loan period, mailed by certified or registered mail to the renter, lessee, or borrower at: (a) the address the renter, lessee, or borrower gave when the contract was made; or (b) the renter, lessee, or borrower’s last known address if later furnished in writing by the renter, lessee, borrower, or the agent of the renter, lessee, or borrower.

3. “Rental equipment” is any personal property that is rented, leased, or loaned by written agreement. This definition specifically does not include personal property conveyed or leased pursuant to a lease involving real estate.

B. A person is guilty of the gross misdemeanor of theft of services if he or she:

1. Obtains services which he knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service; or

2. Having control over the disposition of services of others, to which he is not entitled, he diverts such services to his own benefit or to the benefit of another not entitled thereto.

C. A person is guilty of the gross misdemeanor of theft of rental equipment if he or she:

1. Fails to return or make arrangements acceptable to the owner of the rental equipment or the owner’s agent to return the rental equipment to the owner or the owner’s agent within 72 hours after receipt of proper notice following the due date of the rental, lease, lease-purchase, or loan agreement;

2. Presented identification to the owner or the owner’s agent that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items in obtaining rental equipment; or

3. Otherwise wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of rental equipment that is rented, leased, or loaned by written agreement to the person.

D. It is an affirmative defense to the crime of theft of rental equipment if a person attempts to return the personal property to the owner or owner’s agent and the owner or owner’s agent refuses to take delivery of the personal property. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1558 § 1, 1980; prior code § 6.05.110)

9.24.115 Obtaining hotel, lodging house, accommodations, etc., by fraud – Penalty.

A. Any person who willfully obtains lodging or accommodation at any hotel, inn, boarding house or lodging house, without paying therefor, with intent to defraud the proprietor, owner, operator or keeper thereof; or who obtains lodging or accommodation at such hotel, inn, boarding house or lodging house, by the use of any false pretense; or who, after obtaining lodging or accommodation at such hotel, inn, boarding house, or lodging house, removes or causes to be removed from such hotel, inn, boarding house or lodging house his or her baggage, without the permission or consent of the proprietor, manager or authorized employee thereof, before paying for such lodging or accommodation, is guilty of a gross misdemeanor.

B. Proof that lodging or accommodation was obtained by false pretense or by false or fictitious show or pretense of any baggage or other property; or that the person refused or neglected to pay for such lodging or accommodation on demand; or that he or she gave in payment for such lodging or accommodation negotiable paper on which payment was refused; or that he or she absconded, departed from, or left the premises without paying for such lodging or accommodation; or that he or she removed, or attempted to remove, or caused to be removed, or caused to be attempted to be removed, his or her property or baggage; shall be prima facie evidence of the fraudulent intent hereinbefore mentioned. (Ord. 2814 § 2 (Exh. A), 2012)

9.24.120 False weights and measures.

Every person who injures or defrauds another by using, with knowledge that it is false, a false weight, measure or other apparatus for determining the quantity of any commodity or article of merchandise, or by knowingly misrepresenting the quantity thereof bought or sold, or who retains in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it or permit is to be used or placed in violation of the foregoing provisions of this section, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.120)

9.24.130 Vandalism.

It is unlawful to cut, mar, injure, deface, spoil, break or destroy any fence, sidewalk, house, building, tree, plant or other property, or, without municipal authority, to deface, mutilate, tear down or destroy any sign board or post within the corporate limits of the city. (Ord. 1558 § 1, 1980; prior code § 6.05.130)

9.24.140 Shoplifting.

A. A person is guilty of shoplifting if he or she willfully takes possession of any goods, wares or merchandise of the value of less than $50.00 offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the seller, with the intention of converting such goods, wares or merchandise to his own use without having paid the purchase price thereof.

B. A duly appointed city, county or state law enforcement officer may, upon a charge being made and without a warrant, arrest any person whom he or she has reasonable cause to believe has committed or attempted to commit the crime of shoplifting.

C. First and second convictions for shoplifting shall be punishable by a maximum penalty of $1,000. Subsequent convictions shall be punishable as a misdemeanor. (Ord. 2814 § 2 (Exh. A), 2012; Ord. 2033 § 1, 1991; Ord. 1728 § 4, 1984; Ord. 1558 § 1, 1980; prior code § 6.05.140)

9.24.150 Criminal impersonation.

A. A person is guilty of criminal impersonation if he:

1. Assumes a false identity and does an act in his assumed character with the intent to defraud another; or

2. Pretends to be a representative of some person or organization and does an act in his pretended capacity with the intent of defrauding another; or

3. Impersonates a police officer or impersonates any city official or officer.

B. Criminal impersonation is punishable as a Class B misdemeanor. (Ord. 1728 § 5, 1984; Ord. 1558 § 1, 1980; prior code § 6.05.150)

9.24.160 Trespassing – First and second degree.

A. The following definitions apply in this section:

1. “Enter,” when constituting an element or part of a crime, includes the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.

2. Enters or Remains Unlawfully. A person “enters and remains unlawfully” in or upon premises when he is not then licensed, invited or otherwise privileged to so enter or remain. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

3. “Premises” includes any building, dwelling or any real property.

B. A person is guilty of the gross misdemeanor of criminal trespass in the first degree if he or she knowingly enters or remains unlawfully in a building or other roofed structure.

C. A person is guilty of the misdemeanor of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1728 § 6, 1984; Ord. 1682 § 1, 1983; Ord. 1558 § 1, 1980; prior code § 6.05.170)

9.24.170 Burglar tool possession or fabrication.

Every person who makes or mends or causes to be made or mended, or has in his possession in the day or nighttime, any engine, machine, tool, false key, picklock, bit nippers or implement adapted, designed or commonly used for the commission of burglary, larceny or other crime, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same is intended to be so used, is guilty of a misdemeanor. The possession thereof, except by a mechanic, artificer or tradesman at and in his established shop or place of business, open to public view, is prima facie evidence that such possession was had with intent to use or employ or allow the same to be used or employed in the commission of a crime. (Ord. 1558 § 1, 1980; prior code § 6.05.180)

9.24.180 Vehicle prowling.

A. A person is guilty of vehicle prowling if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle.

B. Vehicle prowling is a misdemeanor.

C. For purposes of this section, “vehicle” means as defined in RCW 9A.04.110(26). (Ord. 1558 § 1, 1980; prior code § 6.05.190)

9.24.190 Reckless burning.

A person is guilty of reckless burning if he knowingly causes a fire or explosion, whether on his own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft or watercraft, or any hay, grain, crop or timber, whether cut, or standing, in danger of destruction or damage. (Ord. 1558 § 1, 1980; prior code § 6.05.200)

9.24.200 Malicious mischief in the third degree – Misdemeanor.

A. A person is guilty of malicious mischief in the third degree if he knowingly and maliciously:

1. Causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or

2. Creates a substantial risk of interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power or communication.

B. Malicious mischief in the third degree is a gross misdemeanor if the damage to the property is in an amount exceeding $50.00; otherwise, it is a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.210)

9.24.210 Malicious mischief in the third degree – Physical damage defined.

For the purposes of BMC 9.24.200, “physical damage,” in addition to its ordinary meaning, includes the alteration, damage or erasure of records, information, data or computer programs which are electronically recorded for use in computers. (Ord. 1558 § 1, 1980; prior code § 6.05.220)

9.24.220 Threats to bomb or injure property – Unlawful.

It is unlawful for any person to threaten to bomb or otherwise injure any public or private school building, place of worship or public assembly, or any other building, common carrier, structure or place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information is communicated or repeated. (Ord. 1558 § 1, 1980; prior code § 6.05.230)

9.24.230 Threats to bomb or injure property – Hoax.

It shall not be a defense to any prosecution under BMC 9.24.220, 9.24.230 and 9.24.240 that the threatened bombing or injury was a hoax. (Ord. 1558 § 1, 1980; prior code § 6.05.240)

9.24.240 Threats to bomb or injure property – Penalty.

Any violation of BMC 9.24.220, 9.24.230 and 9.24.240 is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.250)

9.24.250 Conversion of encumbered, leased or rented property.

A. Every person being in possession thereof, who sells, removes, conceals, converts to his own or destroys, or connives at or consents to the sale, removal, conversion, concealment or destruction of any personal property or any part thereof, upon which a security agreement, mortgage, lien, conditional sales contract, rental agreement or lease exists, with intent to hinder, delay or defraud the secured party of such security agreement, or the holder of such mortgage, lien or conditional sales contract or the lessor under such lease or rentor of (under) such rental agreement, or any assignee of such security agreement, mortgage or lease, is guilty of a misdemeanor.

B. In any prosecution under this section any allegation containing a description of the security agreement, mortgage, lien, conditional sales contract, rental agreement or lease by reference to the date thereof and names of the parties thereto, shall be sufficiently definite and certain.

C. The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal provision. (Ord. 1558 § 1, 1980; prior code § 6.05-.290)

9.24.260 Failure to return leased or rented property.

A. Every person, being in possession thereof, who willfully and without reasonable cause fails to deliver leased personal property to the lessor within 10 days after written notice of the expiration of the lease has been mailed to the lessee by registered or certified mail with return receipt requested, mailed to the last known address of the lessee, is guilty of a misdemeanor; provided, that there shall be no prosecution under this section unless such lease is in writing, and contains a warning that failure to promptly return the leased property may result in a criminal prosecution, and the notice mailed pursuant to the provisions of this section shall clearly state that the lessee may be guilty of a crime upon his failure to return the property to the lessor within 10 days.

B. In any prosecution under this section, any allegation containing a description of the lease by reference to the date thereof and names of the parties shall be sufficiently definite and certain.

C. As used in this section, “lease” also includes rental agreements.

D.  The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal prosecution. (Ord. 1558 § 1, 1980; prior code § 6.05.300)

9.24.270 Fraudulent removal or destruction of property or records.

Every person who, with intent to defraud a prior or subsequent purchaser thereof, or prevent any of his property being made liable for the payment of any of his of his debts or levied upon by an execution or warrant of attachment, removes any of his property, or secretes, assigns, conveys or otherwise disposes of the same, or with intent to defraud a creditor removes, secretes, assigns, conveys or otherwise disposes of any of his books or accounts, vouchers or writings in any way relating to his business affairs, or destroys, obliterates, alters or erases any of such books of account, accounts, vouchers or writings or any entry, memorandum or minute therein contained, is guilty of a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.310)

9.24.280 Knowingly receiving fraudulent conveyance.

Every person who receives any property or conveyance thereof from another, knowing that the same is transferred or delivered to him in violation of, or with the intent to violate, BMC 9.24.270 is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.320)

9.24.290 Fraud in assignment for benefit of creditors.

Every person who, having made, or being about to make, a general assignment of his property to pay his debts, by color or aid of any false or fraudulent representation, pretense, token or writing, induces any creditor to participate in the benefits of such assignments, or to give any release or discharge of his claim or any part thereof, or connives at the payment in whole or in part of any false, fraudulent or fictitious claim, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.330)

9.24.300 Use of slugs in telephones or other coin receptacles.

Any person who knowingly and willfully operates, or causes to be operated, or who attempts to operate, or attempts to cause to be operated, any coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee or licensee of such machine, coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value, or the use or enjoyment of any telephone or telegraph facilities or service without depositing in and surrendering to such machine, coin-box telephone or receptacle lawful coin of the United States to the amount required therefor by the owner, lessee or licensee of such machine, coin-box telephone or receptacle, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.340)

9.24.310 Utility damage or fraud.

Every person who does any of the following, with intent to injure or defraud, is guilty of a misdemeanor:

A. Breaks or defaces any seal of any gas, electric, steam or water meter; or

B. Obstructs, alters, injures or prevents the action of any meter or other instrument used to measure or register the quantity of gas, electricity, steam or water supplied to a consumer thereof; or

C. Makes any connection by means of a wire, pipe, conduit or otherwise with any wire, main or pipe used for the delivery of gas, electricity, steam or water to a consumer thereof in such manner as to take gas, electricity, steam or water from the wire, main or pipe without its passage through the meter or other instrument provided for registering the amount or quantity consumed; or uses any gas, electricity, steam or water so obtained; or

D. Makes any connection or reconnection with such wire, main or pipe, or turns on or off, or in any manner interferes with any valve, stopcock or other appliances connected therewith; or

E. Prevents by the erection of any device or construction, or by any other means, free access to any meter or other instrument for registering or measuring the amount of gas, electricity, steam or water consumed, or interferes with, obstructs or prevents, by any means, the reading or inspection of such meter or instrument, by any person, company or corporation owning the same. (Ord. 1558 § 1, 1980; prior code § 6.05.350)

9.24.320 Obstructing way, drain or ditch.

Obstructing any street, highway, alley, crossing, avenue, sidewalk, ditch, drain or other public or private passageway, without authority to do so, or in any manner or by any means not specifically mentioned in any other section of this chapter, is a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.370)

9.24.330 Removing earth materials.

Removing, digging or carrying away, or causing or procuring the same to be done by another, any sod, earth, stone or gravel, or other substance, from any street, alley or public ground in this city, or making any excavations in any public alley, park or street in the city, without written permission from the mayor, city manager, city council or some duly qualified committee of the city council. The person desiring to make such excavation or removal of material shall file with the city clerk a statement in writing showing where and for what purpose such excavation or removal is to be made, and thereby stipulating and agreeing to keep the excavation or removal properly guarded and protected so as to prevent accidents, and also to repair such street, alley or park as soon as practicable, and to leave the same in as good a condition as it was found; provided, however, that if the work is done under the authority of the city, this section shall not apply. (Ord. 1558 § 1, 1980; prior code § 6.05.380)

9.24.340 Removal of bulkhead or bank protection material.

It is unlawful for any person to remove or destroy any trees, driftwood or any other material which may form or tend to form any natural or artificial bulkhead or protection to the banks of any uplands in the city, abutting on the shores of Drayton Harbor or Dakota Creek. (Ord. 1558 § 1, 1980; prior code § 6.01.280)