Chapter 9.01


9.01.010    Title – Effective date – Applicability.

9.01.015    Copies of adopted statutes on file.

9.01.020    General provisions.

9.01.030    Principles of liability.

9.01.040    Defenses.

9.01.050    Contempt.

9.01.060    Penalty.

9.01.065    Reimbursement of costs.

9.01.070    Construction.

9.01.010 Title – Effective date – Applicability.

A. This title shall be known and may be cited as the “Clyde Hill Municipal Criminal Code” and shall be effective on July 1, 1990.

B. The provisions of this title shall apply to any offense committed on or after July 1, 1990, which is defined in this title unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense.

C. The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to July 1, 1990, 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 at the time of the commission thereof in the same manner as if this title had not been enacted. (Ord. 629 § 1, 1990)

9.01.015 Copies of adopted statutes on file.

Incident to the adoption by reference of certain state laws contained in the Revised Code of Washington, one copy of the text of the statutes adopted by reference in this title shall be filed with the town clerk for use and examination by the public. (Ord. 629 § 3, 1990)

9.01.020 General provisions.

The following state statutes, including all future amendments, are adopted by reference:


9.01.055    Citizen immunity if aiding an officer

9.01.110    Omission, when not punishable

9.01.130    Sending letter, when complete

9A.04.020    Purposes – Principles of construction

9A.04.040    Classes of crime

9A.04.050    People capable of committing crimes – Capability of children

9A.04.060    Common law to supplement statutes

9A.04.070    Who amenable to criminal statutes

9A.04.090    Application of general provisions of the code

9A.04.100    Proof beyond a reasonable doubt

9A.04.110    Definitions

(Ord. 629 § 1, 1990)

9.01.030 Principles of liability.

The following state statutes, including all future amendments, are adopted by reference:


9A.08.010    General requirements of culpability

9A.08.020    Liability of conduct of another – Complicity

9A.08.030    Criminal liability of corporations and persons acting under a duty to act in their behalf

(Ord. 629 § 1, 1990)

9.01.040 Defenses.

The following state statutes, including all future amendments, are adopted by reference:


9A.12.010    Insanity

9A.16.010    Definition

9A.16.020    Use of force – When lawful

9A.16.060    Duress

9A.16.070    Entrapment

9A.16.080    Action for being detained on mercantile establishment of premises for investigation – “Reasonable grounds” as defense

9A.16.090    Intoxication

(Ord. 629 § 1, 1990)

9.01.050 Contempt.

The following state statutes, including all future amendments, are adopted by reference:


7.20.010    Contempt of court defined

7.20.020    Punishment – General

7.20.030    Contempt in presence of court – Summary punishment

7.20.040    Procedure in other cases

7.20.050    Production of defendant if in custody

7.20.060    How prosecuted

7.20.070    Return of warrant – Examination of defendant

7.20.090    Judgment and sentence

7.20.100    Indemnity to injured party

(Ord. 629 § 1, 1990)

9.01.060 Penalty.

A. Any person convicted of a gross misdemeanor shall be punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed one year, or by both such fine and imprisonment.

B. Unless otherwise provided, any person convicted of violating the provisions of this title shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.

C. Violations of Chapter 69.50 RCW.

1. A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW, which is 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.

2. 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 or 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.

3. The court’s imposition of a misdemeanor penalty for a violation of any provision of Chapter 69.50 RCW does not preclude property seizures to the extent such seizures do not constitute double jeopardy. (Ord. 732 § 1, 1995; Ord. 629 § 1, 1990)

9.01.065 Reimbursement of costs.

A. State Statutes Adopted by Reference. The following state statutes, as they now exist or may hereafter be amended, are hereby adopted by reference:

1. RCW 9.92.070    Payment of fine and costs in installments.

2. RCW 9.92.130    City jail prisoners may be compelled to work.

3. RCW 9.92.140    County jail prisoners may be compelled to work.

4. RCW 9.95.210    Conditions of probation.

5. RCW 10.01.160    Costs – What constitutes – Payment by defendant – Procedure – Remission.

6. RCW 10.01.170    Fines or costs – Payment within specified time or installments.

7. RCW 10.01.180    Fine or costs – Default in payment – Contempt of court – Enforcement, collection procedures.

8. RCW 10.05.140    Conditions of granting.

9. RCW 10.22.020    Procedures – Costs.

10. RCW 10.46.190    Liability of convicted person for costs – Jury fee.

11. RCW 10.64.015    Judgment to include costs – Exception.

12. RCW 10.64.080    Judgments a lien on realty.

13. RCW 10.64.120    Referral assessment – Probation department oversight committee.

14. RCW 10.70.010    Commitment until fine and costs are paid.

15. RCW 10.73.160    Court fees and costs.

16. RCW 10.82.010    Execution for fines and costs.

17. RCW 10.82.020    Stay of execution for sixty days on recognizance.

18. RCW 10.82.025    Effect of recognizance – Execution of judgment after sixty days.

19. RCW 10.82.030    Commitment for failure to pay fine and costs – Execution against defendant’s property – Reduction by payment, labor, or confinement.

20. RCW 10.82.040    Commitment for failure to pay fine and costs – Reduction of amount by performance of labor.

21. RCW 10.82.070    Disposition of monetary payments.

22. RCW 10.82.090    Interest on judgments – Disposition of nonrestitution interest.

23. RCW 38.52.010    Definitions.

24. RCW 38.52.430    Emergency response caused by person’s intoxication – Recovery of costs from convicted person.

B. Court to Order Reimbursement.

1. The court may require a convicted defendant to pay costs. For the purpose of this section, whenever the court has levied a fine or assessed costs against a corporation or incorporated association, the person or persons authorized to make disbursements from the assets of said organization shall be deemed to be the defendant.

2. Costs shall include all costs and expenses authorized to be recouped by law and specifically incurred by the town in prosecuting the defendant or which arise out of the defendant’s criminal conduct. These shall include, but not be limited to, the expense of providing the defendant with assistance of counsel, any witness fees and mileage incurred, any costs in providing an interpreter, filing fees and appellate costs, and any other costs determined by the court to have been incurred by the town and properly subject to recoupment.

C. The provisions of this section shall apply to any person who is convicted of violating any criminal ordinance contained in any portion of this code, including, but not limited to, any person convicted of a criminal violation of CHMC Title 9, CHMC Title 10, and/or a negligent driving in the first degree. (Ord. 783 § 1, 1998; Ord. 689 § 1, 1993)

9.01.070 Construction.

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. 629 § 1, 1990)