Chapter 10.04


10.04.010    Purpose—Principles of construction.

10.04.020    Application.

10.04.030    Jurisdiction.

10.04.040    Capability of children.

10.04.050    Criminal statutes—Amendability.

10.04.060    Offense—Defined—Classification.

10.04.070    Offense—Limitation of actions.

10.04.080    Offense—Penalties.

10.04.090    Alternative to a fine—Restitution.

10.04.100    Common law to supplement ordinance.

10.04.110    Proof beyond reasonable doubt—Affirmative defenses.

10.04.120    Arrest—Citations.

10.04.010 Purpose—Principles of construction.

A.    The general purposes of the provisions of this title are:

1.    To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;

2.    To safeguard conduct that is without culpability from condemnation as criminal;

3.    To give fair warning of the nature of the conduct declared to constitute an offense;

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

B.    The provisions of this title shall be construed according to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this title. (Ord. 1145-85 § 2, 1985)

10.04.020 Application.

The provisions of Chapters 10.02 through 10.10 are applicable to offenses defined by this code or other ordinances unless the context requires otherwise or unless this code or other ordinance specifically requires otherwise. (Ord. 1145-85 § 4, 1985)

10.04.030 Jurisdiction.

A.    Except as otherwise provided in this section, a person is subject to prosecution under the law of this city for an offense committed by his own conduct or the conduct of another for which he is legally accountable if:

1.    Either the conduct which is an element of the offense or the result which is such an element occurs within this city; or

2.    Conduct occurring outside this city intended to cause a result within this city is sufficient under the law of this city to constitute an attempt to commit an offense within this city; or

3.    Conduct occurring within this city establishes complicity in the commission of, or an attempt, to commit, an offense in another jurisdiction which also is an offense under the law of this city; or

4.    The offense consists of the omission to perform a legal duty imposed by the law of this city with respect to residence or a relationship to a person, thing or transaction in this city; or

5.    The offense is based on an ordinance of this city which expressly prohibits conduct outside the city, when the conduct bears a reasonable relation to a legitimate interest of the city and the actor knows or should know that his conduct is likely to affect that interest.

B.    Subsection A of this section does not apply when either causing a specified result or an intention to cause or danger of causing such a result is an element of an offense and the result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense, unless a legislative purpose plainly appears to declare the conduct criminal regardless of the place of the result.

C.    Subsection A of this section does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside the city which would not constitute an offense if the result had occurred there, unless the actor knowingly caused the result within this city. (Ord. 1145-85 § 3, 1985)

10.04.040 Capability of children.

Children under the age of eight years are incapable of committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be 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. 1145-85 § 6, 1985)

10.04.050 Criminal statutes—Amendability.

Every person, regardless of whether or not he or she is an inhabitant of this state, may be tried and punished under the laws of this city for an offense committed by him or her therein, except when such offense is recognizable exclusively in the Superior Court of the state of Washington or the courts of the United States. (Ord. 1145-85 § 7, 1985)

10.04.060 Offense—Defined—Classification.

A.    An offense under this title is conduct or activity or the omission of conduct or activity for which a penalty is authorized.

B.    Offenses are classified as gross misdemeanors and misdemeanors. (Ord. 1145-85 § 5, 1985)

10.04.070 Offense—Limitation of actions.

Prosecutions for gross misdemeanors may be commenced within two years after their commission; and for all other offenses, within one year after their commission; provided, that any length of time during which the party charged was not usually and publicly resident within this state shall not be reckoned within the one or two years respectively; and further provided, that where a complaint or citation has been filed, within the time limited for the commencement of a criminal action, if the complaint or citation be set aside, the time of limitations shall be extended by the length of time from the time of filing of such complaint or citation, to the time such complaint or citation was set aside. (Ord. 1145-85 § 8, 1985)

10.04.080 Offense—Penalties.

Unless otherwise provided, the penalties for offenses shall be as follows:

A.    A gross misdemeanor may be punished by a fine not to exceed five thousand dollars or imprisonment not to exceed three hundred sixty-four days, or by both such imprisonment and fine.

B.    A misdemeanor may be punished by a fine not to exceed one thousand dollars, or imprisonment not to exceed ninety days, or by both such imprisonment and fine.

C.    Whenever the performance of any act is prohibited by any ordinance, and no penalty for the violation of such ordinance is imposed, the committing of such act shall be a misdemeanor. (Ord. 3236-11 § 1, 2011: Ord. 1145-85 § 9, 1985)

10.04.090 Alternative to a fine—Restitution.

A.    If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement, the court, in lieu of imposing the fine authorized for the offense under Section 10.04.080, may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s pain or victim’s loss from the commission of a crime. Such amount may be used to provide restitution to the victim at the order of the court. It shall be the duty of the prosecuting attorney to investigate the alternative of restitution, and to recommend it to the court, when the prosecuting attorney believes that restitution is appropriate and feasible. If the court orders restitution, the court shall make a finding as to the amount of the defendant’s gain or victim’s loss from the crime, and if the record does not contain sufficient evidence to support such finding the court may conduct a hearing upon the issue. For purposes of this section, the terms “gain” or “loss” refer to the amount of money or the value of property or services gained or lost.

B.    Notwithstanding any other provision of law, this section also applies to any corporation or joint stock association found guilty of any crime. (Ord. 1145-85 § 10, 1985)

10.04.100 Common law to supplement ordinance.

The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of this state, and ordinances of the city, shall supplement all criminal ordinances of this city. (Ord. 1145-85 § 11, 1985)

10.04.110 Proof beyond reasonable doubt—Affirmative defenses.

A.    Every person charged with the commission of an offense is presumed innocent until proven guilty. No person may be convicted of an offense unless each element of such offense is proved by competent evidence beyond a reasonable doubt.

B.    Subsection A of this section does not:

1.    Require the disproof of an affirmative defense unless there is evidence to support such defense; or

2.    Require the disproof beyond a reasonable doubt of any defense which the code or other ordinance expressly requires the defendant to prove by a preponderance of the evidence.

C.    A defense is affirmative, within the meaning of subdivision 1 of subsection B of this section when it arises under a section of this code which so provides. (Ord. 1145-85 § 12, 1985)

10.04.120 Arrest—Citations.

A.    Unless otherwise provided, whenever a person is arrested for committing an offense, the arresting officer, or any other authorized peace officer, may serve upon the arrested person a citation and notice to appear in court, in lieu of continued custody, as provided by the Rules for Courts of Limited Jurisdiction.

B.    If a person violates his promise to appear in court given in accordance with subsection A of this section, a warrant may be issued for his arrest and bail may be set. (Ord. 1145-85 § 13, 1985)