Chapter 9.05
PRELIMINARY ARTICLE

Sections:

9.05.005    Adoption of state criminal statutes.

9.05.010    Preliminary statement.

9.05.020    Purposes – Principles of construction.

9.05.030    City criminal jurisdiction.

9.05.040    Classes of crimes.

9.05.050    People capable of committing crimes – Capability of children.

9.05.060    Personal jurisdiction.

9.05.070    Limitation of action.

9.05.080    Proof beyond a reasonable doubt.

9.05.090    General provisions – Adopted by reference.

9.05.100    Definitions – Adopted by reference.

9.05.110    Principles of liability – Adopted by reference.

9.05.120    Defense of insanity – Adopted by reference.

9.05.130    Defenses – Adopted by reference.

9.05.140    Contempt – Adopted by reference.

9.05.150    Violation – Penalty.

9.05.160    Restitution – Adopted by reference.

9.05.005 Adoption of state criminal statutes.

(1) With the exception of the RCW sections set forth in subsection (2) of this section or other RCW sections that are otherwise specifically disavowed in this code, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference, as well any future changes, amendments, recodifications, additions, or deletions to those sections, and shall be given the same force and effect as if set forth herein in full. The fact that sections of this code adopt by reference specific sections of the RCW shall not affect this section. Sections of the code that specifically recite that sections of the RCW are not adopted or do not apply shall control over this section.

(2) The following RCW sections are specifically not adopted:

(a) RCW 9A.16.110, Defending against violent crime – Reimbursement.

(3) In adopting the state’s statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and in those sections adopted which deal with both felonies and misdemeanors or gross misdemeanors, only the language applicable to misdemeanors or gross misdemeanors is to be applied (including to the extent that an anticipatory offense would be a misdemeanor or gross misdemeanor). By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word “state” shall appear in any statute adopted by reference in this chapter, the word “city” shall be substituted; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances that set forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this chapter, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number.

(4) Reference to, or adoption of, a statute, code, or ordinance includes and incorporates the statute, code, or ordinance as it exists or is enacted at the time of the reference or adoption, as well any future changes, amendments, recodifications, additions, or deletions in that statute, code, or ordinance that may thereafter occur unless a contrary intent is clearly expressed, and such statute, code, or ordinance shall be given the same force and effect as if set forth in full. Whenever the word “state” shall appear in any statute adopted by reference in this chapter, the word “city” shall be substituted; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances that set forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter. Statutes and codes adopted by reference by this code shall be harmonized with other provisions of this code to the extent practicable, but if they are in direct conflict with other provisions of this code that are explicitly articulated, the articulated provisions control. [Ord. 562 § 5 (Exh. A), 2012]

9.05.010 Preliminary statement.

(1) This title shall be known as, and may be cited as, the “Burien criminal code.”

(2) The provisions of this code shall apply to any offense committed on or after 12:01 a.m. on September 1, 1993.

(3) The provisions of this code do not apply to, or govern, the construction of and punishment for any offense committed prior to 12:01 a.m. on September 1, 1993, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing in the city of Burien at the time of the commission thereof in the same manner as if this code had not been enacted.

(4) If any provision of this code, or its application to any person or circumstance is held invalid, the remainder of the code, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this code are declared to be severable.

(5) Section captions are for organizational purposes only and shall not be construed as part of this code. [Ord. 63 § 1, 1993]

9.05.020 Purposes – Principles of construction.

(1) The general purposes of the provisions governing the definition of offenses are:

(a) To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;

(b) To safeguard conduct that is without culpability from condemnation as criminal;

(c) To give fair warning of the nature of the conduct declared to constitute an offense;

(d) To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.

(2) The provisions of this title shall be construed according to the fair import of their terms and when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this title.

(3) In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. [Ord. 63 § 2, 1993]

9.05.030 City criminal jurisdiction.

The following persons are subject to arrest, prosecution, and criminal punishment:

(1) A person who commits within the corporate limits of the city any crime, in whole or in part;

(2) A person who commits out of the city any act which, if committed within it, would be theft and is afterward found in the city with any of the stolen property;

(3) A person who, being out of the city, counsels, causes, procures, aids, or abets another to commit a crime in the city;

(4) A person who commits an act without the city which affects persons or property within the city which, if committed within the city, would be a crime. [Ord. 562 § 5 (Exh. A), 2012; Ord. 63 § 3, 1993]

9.05.040 Classes of crimes.

Any violation of this code for which punishment is authorized for more than 90 days in jail is deemed a gross misdemeanor. Any violation of this code for which punishment is solely authorized for 90 days or less is deemed a misdemeanor. [Ord. 562 § 5 (Exh. A), 2012; Ord. 63 § 4, 1993]

9.05.050 People capable of committing crimes – Capability of children.

Children under the age of eight years are incapable of committing a crime. Children between the ages of eight and 11 are presumed to be incapable of committing a crime, but this presumption may be rebutted and removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, he or she may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct his or her examination by one or more physicians, whose opinion shall be competent evidence upon the question of his or her age. [Ord. 63 § 5, 1993]

9.05.060 Personal jurisdiction.

Every person, regardless of whether or not an inhabitant or resident of the city, may be tried and punished under this code for any violation of city ordinance committed by him or her within the criminal jurisdiction of the city. [Ord. 562 § 5 (Exh. A), 2012; Ord. 63 § 6, 1993]

9.05.070 Limitation of action.

(1) Prosecution for a violation of a city ordinance which is classified as a gross misdemeanor may not be commenced more than two years after its commission. Prosecution for a violation of a city ordinance classified as a misdemeanor may not be commenced more than one year after its commission.

(2) The periods of limitation prescribed herein do not run during any time when the person charged is not usually and publicly resident within this state.

(3) If, before the end of a period of limitation prescribed herein, a complaint or an information has been filed, and the complaint or information is set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. [Ord. 562 § 5 (Exh. A), 2012; Ord. 63 § 7, 1993]

9.05.080 Proof beyond a reasonable doubt.

(1) Every person charged with a violation of a city ordinance is presumed innocent unless proved guilty. No person may be convicted of such a violation unless each element of such crime is proved by competent evidence beyond a reasonable doubt.

(2) When a violation of city ordinance has been proven against a person, and there exists a reasonable doubt as to which of two or more degrees he or she is guilty, such person shall be convicted only of the lowest degree. [Ord. 63 § 8, 1993]

9.05.090 General provisions – Adopted by reference.

The following sections of the Washington Criminal Code, as now in effect, and as may subsequently be amended, are adopted by reference as the principles of liability of the Burien criminal code:

RCW    

9.01.055    Citizen immunity if aiding officer.

9.01.110    Omission, when not punishable.

9.01.130    Sending letter, when complete.

9A.04.060    Common law to supplement statutes.

9A.04.070    Who amenable to criminal statutes.

9A.04.090    Application of general provisions of code.

[Ord. 63 § 9, 1993]

9.05.100 Definitions – Adopted by reference.

RCW 9A.04.110, as now in effect, and as may subsequently be amended, is adopted by reference as the definitions section of the Burien criminal code. [Ord. 63 § 10, 1993]

9.05.110 Principles of liability – Adopted by reference.

The following sections of the Washington Criminal Code, as now in effect, and as may subsequently be amended, are adopted by reference as the principles of liability of the Burien criminal code:

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.

[Ord. 63 § 11, 1993]

9.05.120 Defense of insanity – Adopted by reference.

RCW 9A.12.010, as now in effect, and as may subsequently be amended, is adopted by reference as the defense of insanity section of the Burien criminal code. [Ord. 63 § 12, 1993]

9.05.130 Defenses – Adopted by reference.

The following sections of the Washington Criminal Code, as now in effect, and as may subsequently be amended, are adopted by reference as defenses to culpability under the Burien criminal code:

    RCW

9A.16.010    Definitions.

9A.16.020    Use of force – When lawful.

9A.16.030    Homicide – When excusable.

9A.16.040    Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.

9A.16.050    Homicide – By other person – When justifiable.

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.

[Ord. 63 § 13, 1993]

9.05.140 Contempt – Adopted by reference.

The following sections of the Washington Criminal Code, as now in effect, and as may subsequently be amended, are adopted by reference as the principles of contempt of the Burien criminal code:

    RCW

7.21.010    Definitions.

7.21.020    Sanctions – Who may impose.

7.21.030    Remediation sanctions – Payment for losses.

7.21.040    Punitive sanctions – Fines.

7.21.050    Sanctions – Summary imposition – Fines.

7.21.060    Administrative actions or proceedings – Petition to court for imposition of sanctions.

7.21.070    Appellant review.

[Ord. 63 § 14, 1993]

9.05.150 Violation – Penalty.

(1) Unless otherwise specified, every person convicted of violating a city ordinance classified as a gross misdemeanor, or not otherwise classified, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than 364 days, or by both such fine and imprisonment.

(2) Unless otherwise specified, every person convicted of violating a city ordinance classified as a misdemeanor shall be punished by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

(3) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk of overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. [Ord. 562 § 5 (Exh. A), 2012; Ord. 63 § 15, 1993]

9.05.160 Restitution – Adopted by reference.

(1) RCW 9A.20.030, as now in effect, and as may subsequently be amended, is adopted by reference to provide for restitution as an alternative to a fine under the Burien criminal code.

(2) Restitution may be imposed as part of a sentence and shall be ordered by the court whenever a person is convicted of a crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate in the court’s judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the defendant pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the defendant be required to pay restitution to a victim of an offense or offenses that are not prosecuted pursuant to a plea agreement. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim.

(a) Restitution shall be ordered by the court whenever a person is convicted of any charge of hit and run, whether involving persons, property, or attended vehicles. This restitution shall include:

(i) Damages for injury, property loss and/or lost wages attributable to leaving the scene of the accident or collision in all cases; and

(ii) Damages for injury, property loss and/or lost wages where there is a preponderance of evidence that the convicted person was at fault in the underlying accident or collision.

(b) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within 180 days thereof. The court may continue the hearing beyond the 180 days for good cause. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender’s gain or the victim’s loss from the commission of the crime, whichever is greater.

(c) The city or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim’s loss when there is more than one victim. [Ord. 562 § 5 (Exh. A), 2012; Ord. 63 § 16, 1993]