Chapter 9.85
PROPERTY, CRIMES RELATING TO
Sections:
9.85.010 Theft of rental, leased, lease-purchased, or loaned property.
9.85.100 Trespass and prowling – Adopted by reference.
9.85.105 Vehicle trespass prohibited – Penalty.
9.85.150 Unlawful public camping and storage.
9.85.200 Theft and possession of stolen property – Adopted by reference.
9.85.300 Roadside stands – Adopted by reference.
9.85.400 Political signs and posters – Adopted by reference.
9.85.500 Throwing objects at moving vehicles.
9.85.010 Theft of rental, leased, lease-purchased, or loaned property.
(1) A person who, with intent to deprive the owner or owner’s agent, wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of personal property that is rented, leased, or loaned by written agreement to the person, is guilty of theft of rental, leased, lease-purchased, or loaned property.
(2) The finder of fact may presume intent to deprive if the finder of fact finds either of the following:
(a) That the person who rented or leased the property failed to return or make arrangements acceptable to the owner of the property or the owner’s agent to return the property 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; or
(b) That the renter, lessee, or borrower 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.
(3) As used in subsection (2) of this section, “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.
(4) Theft of rental, leased, lease-purchased, or loaned property is a gross misdemeanor.
(5) The crime of theft of rental, leased, lease-purchased, or loaned property may be deemed to have been committed either at the physical location where the written agreement for the rental, lease, lease-purchase, or loan of the property was executed under subsection (1) of this section, or at the address where proper notice may be mailed to the renter, lessee, or borrower under subsection (3) of this section.
(6) This section applies to rental agreements that provide that the renter may return the property any time within the rental period and pay only for the time the renter actually retained the property, in addition to any minimum rental fee, to lease agreements, to lease-purchase agreements as defined under RCW 63.19.010, and to vehicles loaned to prospective purchasers borrowing a vehicle by written agreement from a motor vehicle dealer licensed under Chapter 46.70 RCW. This section does not apply to rental or leasing of real property under the residential landlord-tenant act, Chapter 59.18 RCW. [Ord. 611 § 1, 2014]
9.85.100 Trespass and prowling – 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 to establish the crimes of trespass and prowling under the Burien criminal code:
RCW
9A.52.010 Definitions.
9A.52.060 Making or having burglar tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass – Defenses.
9A.52.100 Vehicle prowling in the second degree.
9A.52.120 Computer trespass in the second degree.
9A.52.130 Computer trespass – Commission of other crime.
[Ord. 63 § 25, 1993]
9.85.105 Vehicle trespass prohibited – Penalty.
(1) A person is guilty of vehicle trespass if he or she knowingly enters or remains unlawfully in a vehicle belonging to another.
(2) As used in this section:
(a) The word “enter” shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand.
(b) A person enters or remains unlawfully in or upon a vehicle when he or she is not licensed, invited, or otherwise privileged to so enter or remain.
(3) Vehicle trespass is a misdemeanor. [Ord. 562 § 3, 2012]
9.85.150 Unlawful public camping and storage.
(1) Findings and Legislative Purpose.
(a) City of Burien public property is harmed, and public access to public property is diminished or impeded by camping on public property, public street rights-of-way, or public facilities.
(b) Camping and unlawful storage on public property disrupts pedestrian and vehicular traffic, businesses, and governmental functions, adding to municipal responsibilities and expenses while detracting from other governmental priorities.
(c) Based on law enforcement estimates, significant increases in crime, calls-for-service, and adverse impacts occur in or around encampments.
(d) Allowing camping can result in fewer people who need assistance seeking and obtaining that assistance.
(e) Burien adopts this ordinance’s recitals as findings of fact.
(2) Camping and Storage Prohibition. It shall be unlawful for any person to camp or store items on public property in Burien at any time.
(3) Limited Law Enforcement Discretion.
(a) There is no requirement that beds, housing, shelter, or treatment be available, offered, or sought before enforcement of this section; however, law enforcement may offer the same to a person camping on public property, and if the person accepts the offer or agrees to “camp” off of public property, that person may not be arrested under this section unless they continue to or insist on unlawfully storing items on public property.
(b) This provision does not require Burien, its employees, or contractors to provide said services and does not create a right to services for anyone.
(4) Definitions.
(a) “Camp” or “camping” means to reside or sleep on public property with or without the use of huts, lean-tos, tents, temporary shelters, vehicles, or equivalents or as evidenced by the use of beds, blankets, cots, hammocks, mattresses, sleeping bags, tarpaulins, or equivalents, or cooking tools or fire. “Camp” or “camping” shall not mean the authorized use of Burien’s or a governmental entity’s public property.
(b) “Public property” means all property in which the city of Burien or another governmental entity has a property interest (i.e., control, easement, lease, ownership, possessory interest, or rental), including, without limitation, beaches, critical areas, easements, forests, green belts, or tree tracts, parks, open spaces, pools, public sidewalks and streets, public facilities, public squares, public schools and associated athletic facilities, roads, and parking lots.
(c) “Store” or “storage” means, without limitation, accumulating, keeping, leaving, or maintaining personal property for camping on public property for future use or safekeeping. “Store” or “storage” shall not mean the authorized storage of personal property on Burien’s or a governmental entity’s public property, or unoccupied vehicles, including campers, trailers, and recreational vehicles lawfully parked on a public street right-of-way.
(d) “Street” or “public street” means, without limitation, any publicly owned alley, boulevard, easement, highway, lane, median, right-of-way, road or roadway, sidewalk, and all public property designated or used for public travel or parking.
(5) Implementation. The King County sheriff deputy serving as Burien’s chief of police, subject to the Burien city manager’s written approval, is hereby authorized to adopt administrative policies and procedures for implementing this chapter. The city manager shall be guided by Burien’s interpretation of applicable federal and state law, the reasonable deference due to law enforcement’s expertise, the safety and dignity of those impacted, and the need to protect public and private property in the city of Burien.
(6) Misdemeanor. Violation of this section is a misdemeanor and may be subject to a criminal deferral. To the degree permitted by law, fines and/or penalties may be waived in the court’s reasonable judgment upon a reasonable showing of need. [Ord. 864 § 1, 2025]
9.85.200 Theft and possession of stolen property – 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 to establish the crimes of theft and stolen property under the Burien criminal code:
RCW
9A.56.010 Definitions.
9A.56.020 Theft – Definition, defense.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.063 Making or possessing motor vehicle theft tools.
9A.56.100 Theft and larceny equated.
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.56.260 Connection of channel converter.
9A.56.270 Shopping cart theft.
9A.56.330 Possession of another’s identification.
[Ord. 737 § 1, 2020; Ord. 562 § 5 (Exh. A), 2012; Ord. 63 § 27, 1993]
9.85.300 Roadside stands – Adopted by reference.
The following sections of the King County Code, as now in effect, and as may subsequently be amended, are adopted by reference to establish crimes relating to roadside stands, except that references therein to the county shall also refer to the city under the Burien criminal code:
KCC
12.28.010 Unlawful to erect structures along roads.
12.28.020 Required distance from right-of-way.
12.28.030 Nuisance declared – Authority of engineer.
12.28.040 Violation – Misdemeanor.
[Ord. 63 § 75, 1993]
9.85.400 Political signs and posters – Adopted by reference.
The following sections of the King County Code, as now in effect, and as may subsequently be amended, are adopted by reference to establish regulations and crimes regarding political signs and posters, under the Burien criminal code:
KCC
12.74.010 Political signs allowed on private property.
12.74.020 Removal of signs following election.
12.74.030 Political signs not allowed on public property.
12.74.040 Public notices unaffected by chapter.
12.74.050 Penalty for violations.
[Ord. 63 § 80, 1993]
9.85.500 Throwing objects at moving vehicles.
Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor. [Ord. 63 § 85, 1993]
9.85.600 Attempted forgery.
(1) A person is guilty of the crime of attempted forgery if with the intent to commit the crime of forgery does intend to injure or defraud by:
(a) Falsely making, completing, or altering a written instrument; or
(b) Possessing, uttering, offering, disposing of or putting off as true, a written instrument which the person knows to be forged; and
(c) Does an act which is a substantial step toward the commission of that crime. [Ord. 562 § 1, 2012]
9.85.610 Definitions – Fraud.
The following section of the Washington Criminal Code, as now in effect, and as may subsequently be amended, is adopted by reference as definitions of fraud under the Burien criminal code:
RCW
9A.60.010 Definitions.
[Ord. 562 § 1, 2012]