Chapter 10.08


10.08.010    Definitions.

10.08.020    Grammatical interpretation.

10.08.010 Definitions.

Unless a different meaning is clearly indicated, the following words shall have the following meanings for the purpose of this title:

(1) “Acted” includes, where relevant, “omitted to act.”

(2) “Actor” includes, where relevant, a person failing to act.

(3) “Bodily injury” or “physical injury” means physical pain, illness or an impairment of physical condition.

(4) “Building,” in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or any other structure used for lodging of persons or carrying on business therein, or for the use, sale or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building.

(5) “City” is the city of Clarkston, Washington.

(6) “Contraband” includes any article or thing which a person in official detention is prohibited from obtaining or possessing by statute, rule, regulation or order of the court, and any weapon, implement of escape, intoxicating liquor or narcotic.

(7) “County health officer” shall mean the county health and sanitation officer or designated representative as that individual is defined by RCW 70.05.010.

(8) “Deception” occurs when an actor knowingly:

(a) Creates or confirms another’s false impression which the actor knows to be false; or

(b) Fails to correct another’s impression which the actor previously created or confirmed; or

(c) Prevents another from acquiring information material to the disposition of the property involved; or

(d) Transfers or encumbers property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or

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

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

(10) “Fee” means a fixed charge or perquisite charged as recompense for labor and trouble, a reward, compensation or wage given to a person for performance of services or something done or to be done, whether or not such services or acts are legal.

(11) “Firearm” includes, but is not limited to, all guns, rifles, shotguns, pistols, airguns and BB guns which are capable of propelling a missile through the force of combustion or explosion of gunpowder or similar substances.

(12) A person acts with “intent” or “intentionally” when he acts with the objective or purpose to accomplish a result which constitutes a crime.

(13) A person acts “knowingly” or “with knowledge” when he is aware of the fact, facts, or circumstances or result described by an ordinance defining an offense, or he has information which would lead a reasonable person in the same situation to believe that facts exist, which facts are described by an ordinance defining an offense.

(14) “Lewd act” means public:

(a) Exposure to one’s genitals or female breasts; or

(b) Touching, caressing or fondling of the genitals or female breasts; or

(c) Urination or defecation in a place other than a washroom or toilet room; or

(d) Masturbation; or

(e) Sexual intercourse;

provided, that artistic or dramatic performances in a theater or museum shall not be deemed to be within the above definition. Among circumstances which are to be considered in determining whether a performance is artistic or dramatic and excluded from the definition of a lewd act are whether the work, taken as a whole (i) appeals to the prurient interest; or (ii) depicts or describes, in a patently offensive way, sexual conduct constituting a lewd act; or (iii) lacks serious literary, artistic, political, or scientific value; provided further, that a “theater” shall not include any premises where alcoholic beverages are served.

(15) “Liquor” includes alcohol, spirits, wine, and beer as such terms are defined in RCW 66.04.010, and all fermented, spirituous, vinous, or malt liquor, or combinations thereof in mixed liquor, a part of which is fermented, spirituous, vinous, or malt liquor, or otherwise intoxicating; and every liquid, solid, semi-solid or other substance, patented or not, containing alcohol, spirits, wine, or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption and any liquid, solid, semi-solid, or other substance which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating.

(16) “Malice” and “maliciously” mean with an evil intent, wish or design to vex, annoy or injure another person. Malice may be inferred from an act done in a wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard to social duty.

(17) “Marijuana” means all parts of the plant of the genus Cannabis 1., whether growing or not; the seeds from such plant, the resin extracted from any part of the plant; and every compound, manufacture, salt derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks or a cake made from the seeds of the plant, any compound, manufacture, salt derivative, mixture or preparation of the mature stalks (except for resin extracted from the stalk), fiber, oil, or case, or the sterilized seed of the plant which is incapable of germination.

(18) “Material” means any book, magazine, newspaper or other printed or written matter or any picture, drawing, photograph, motion picture or other pictorial representation, or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or matter.

(19) “Minor” means any person less than 18 years of age unless otherwise specifically designated.

(20) “Obscene” means any material, exhibition or performance which:

(a) To the average person applying contemporary community standards, has a dominant theme that, taken as a whole, appeals to the prurient interest in sex or sexual matters; and

(b) Is patently offensive because it affronts contemporary community standards in its representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or of masturbation, excretory functions or lewd exhibition of the genitals; and

(c) Taken as a whole, lacks serious literary, artistic, political or scientific value.

(21) “Official detention” means:

(a) Restraint pursuant to a lawful arrest; or

(b) Any facility used for the confinement of a person arrested, charged or convicted of an offense or for confinement pursuant to a court order or other legal authority; or

(c) Official custody incident to any of the foregoing for purposes of work release, court appearances, transportation, recreation, medical treatments and other incidental purposes.

(22) “Park” means and includes all city parks, public squares, public drives, parkways, boulevards, golf courses, park museums, pools, bathing beaches, and play and recreation grounds.

(23) “Peace officer” means a duly appointed city, county or state law enforcement officer.

(24) “Person,” “he” and “actor” include any natural person of either sex and, where relevant, a corporation, joint stock association or unincorporated association.

(25) “Property” means anything of value, whether tangible or intangible, real or personal, privately or publicly owned.

(26) “Public officer” or “public servant” means a person holding office or position of employment under city government who performs a public function and in so doing is vested with the exercise of some sovereign power of government.

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

(28) A person is “reckless” or acts “recklessly” when he knows of and disregards a substantial risk that a wrongful act may occur and his disregard of such substantial risk is a gross deviation from conduct a reasonable man would exercise in the same situation.

(29) “Stolen” means obtained by theft, robbery or extortion.

(30) “Tavern” means the same thing as defined in RCW 66.04.010(31).

(31) “Weapon” means a device capable of propelling a missile through the force of a compressed air or gas, or through the contraction or expansion of a rubber band or spring or similar device, including compressed air rifles and pistols and slingshots. [Ord. 958 § 1, 1984; Ord. 949, 1983.]

10.08.020 Grammatical interpretation.

Words in the present tense include the future tense, and in the masculine include the feminine and neuter genders, and in the singular include the plural, and in the plural include the singular. [Ord. 949, 1983.]