Chapter 9.04
ADOPTION OF STATE CRIMINAL STATUTES

Sections:

9.04.010    Generally.

9.04.011    Adoption of state laws – 1994.

9.04.020    City penalties same as state.

9.04.030    RCW’s available to the public.

9.04.040    Warrant checks authorized.

9.04.010 Generally.

The subject matter of this chapter is legislation enacted by the State Legislature during the 1987 session. References herein may be to Senate Bill (SB), House Bill (HB), or chapters of laws enacted, and all references whether to chapter or origin of a bill is for convenience only; and the enactment as lawfully signed by the Governor and as subsequently codified, shall control. Where an enactment does not become effective until after the effective date of the ordinance codified in this chapter, the effective date of the enactment for the city shall be as stated in the enactment itself. (Ord. 196 § 1, 1987)

9.04.011 Adoption of state laws – 1994.

There is adopted by reference all provisions of any enactment of the State Legislature up to and through the year 1994, not previously adopted by reference, and establishing a misdemeanor or gross misdemeanor for criminal behavior, otherwise enforceable by the state within the city, to become a misdemeanor or gross misdemeanor of the city, and to the extent otherwise enforceable by the state, shall likewise be enforceable by the city, through the municipal court, its police department, its prosecuting authority, all in the same manner and fashion as such enactment may be enforced or prosecuted in the name of the state. (Ord. 243.A § 1, 1994: Ord. 243 § 1, 1991)

9.04.020 City penalties same as state.

The maximum or minimum penalty for an act that constitutes a crime under city law shall be the same as the penalty prescribed for that crime under state law. (Ord. 243.A § 2, 1994)

9.04.030 RCW’s available to the public.

The enactments of the State Legislature adopted by reference in BMC 9.04.011 establishing a misdemeanor or gross misdemeanor for criminal behavior are available in the Revised Code of Washington. A copy of the Revised Code of Washington containing such enactments shall be made available for the use and examination by the public. (Ord. 243.A § 3, 1994)

9.04.040 Warrant checks authorized.

A. Whenever any person is detained for any infraction, misdemeanor or gross misdemeanor, a law enforcement officer may continue to detain the individual for a reasonable period of time necessary to identify the person, to do a warrant check of the person, and complete and issue any notice of violation or criminal charge.

B. Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation of an infraction, misdemeanor or gross misdemeanor violation has a duty to identify himself or herself, give his or her current address, and sign an acknowledgement of receipt of the notice of violation. (Ord. 286 § 1, 1997)