Chapter 6.05
PUBLIC SAFETY AND WELFARE IN GENERAL
Sections:
6.05.030 Principles of liability.
6.05.060 Anticipatory offenses prohibited.
6.05.080 Adoption of statutes, construction.
6.05.090 Restitution authorized as a condition of sentence.
6.05.100 RCW Title 10, Criminal Procedure – Adoption by reference.
6.05.120 Probation violations.
6.05.010 Retroactive effect.
The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to April 1, 1991, 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. No. 91-89, § 1(9.01.010), 3-5-91. Code 2001 § 6-1.)
6.05.020 General provisions.
The following state statutes are adopted by reference:
RCW
9.01.055 Citizen immunity if aiding officer.
9.01.110 Omission, when not punishable.
9.01.130 Sending letter, when complete.
9A.04.020 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.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 91-89, § 1(9.01.020), 3-5-91. Code 2001 § 6-2.)
6.05.030 Principles of liability.
The following state statutes are adopted by reference:
RCW
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.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 91-89, § 1(9.01.030), 3-5-91. Code 2001 § 6-3.)
6.05.040 Defenses.
The following state statutes are adopted by reference:
RCW
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.
9A.16.120 Outdoor music festival, campground – Detention.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 04-458, § 1, 2-3-04; Ord. No. 91-89, § 1(9.01.040), 3-5-91. Code 2001 § 6-4.)
6.05.050 Contempt.
The following state statutes are hereby adopted by reference:
RCW
7.21.010 Definitions.
7.21.020 Sanctions – Who may impose.
7.21.030 Remedial 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.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 91-89, § 1(9.01.050), 3-5-91. Code 2001 § 6-5.)
6.05.060 Anticipatory offenses prohibited.
The following state statutes are adopted by reference:
RCW
9A.28.020(1), (2), (3)(e) Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040(1), (2), (3)(e) Criminal conspiracy.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 91-89, § 1(9.08.010), 3-5-91. Code 2001 § 6-6.)
6.05.070 Penalty.
(1) Unless otherwise provided, 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 364 days, or by both such fine and imprisonment.
(2) Unless otherwise provided, any person convicted of a misdemeanor 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.
(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 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.
(Ord. No. 11-704, § 2, 10-4-11; Ord. No. 09-601, § 4, 1-6-09; Ord. No. 91-89, § 1(9.01.060), 3-5-91. Code 2001 § 6-7.)
6.05.080 Adoption of statutes, construction.
(1) 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 (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 as now enacted or hereafter amended. 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.
(2) With the exception of the RCW sections set forth in subsection (4) 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 as they currently exist or as may be adopted by the state in the future are hereby adopted by reference, 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.
(3) All Class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Chapter 9A.28 RCW. The adoption of Class C felonies shall be subject to the provisions of subsections (1) and (2) of this section.
(4) The following RCW sections are specifically not adopted:
(a) RCW 9A.16.110, Defending against violent crime – Reimbursement.
(5) If any chapter, section, subsection, sentence, or provision of this title, or its application to any person or circumstance, is held invalid, the remainder of this title, or the application of the chapter, section, subsection, sentence, or provision to other persons or circumstances, is not affected, and to this end, the chapters, sections, subsections, sentences and provisions of this title are declared to be severable.
(6) The provisions of this title are intended to create a duty to the public in general and not to create any duty to individuals or to any particular class of individuals. These provisions are not for the protection of any person or class of persons.
(Ord. No. 22-937, § 1, 7-19-22; Ord. No. 09-601, § 5, 1-6-09; Ord. No. 91-89, § 1(9.01.070), 3-5-91. Code 2001 § 6-8.)
6.05.090 Restitution authorized as a condition of sentence.
(1) Restitution 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.
(2) 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 under FWRC 8.05.010 or Chapter 46.52 RCW. This restitution shall include:
(a) Damages for injury, property loss and/or lost wages attributable to leaving the scene of the accident or collision in all cases; and
(b) 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.
(3) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within 180 days. 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.
(4) 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. No. 05-500, § 1, 9-20-05; Ord. No. 02-429, § 1, 11-19-02. Code 2001 § 6-9.)
6.05.100 RCW Title 10, Criminal Procedure – Adoption by reference.
The following RCW sections are adopted by reference:
RCW
10.14.120 Disobedience of order – Penalties.
10.14.170 Criminal penalty.
10.31.030 Service – How – Warrant not in possession, procedure – Bail.
10.31.040 Officer may break and enter.
10.31.050 Officer may use force.
10.31.060 Arrest by telegraph or teletype.
10.31.100 Arrest without warrant.
10.99.010 Purpose – Intent.
10.99.020 Definitions.
10.99.030 Law enforcement officers – Training, powers, duties – Domestic violence reports.
10.99.040 Duties of court – No-contact order.
10.99.045 Appearances by defendant – No-contact order.
10.99.050 Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures – Notice of change.
10.99.055 Enforcement of orders.
10.99.060 Prosecutor’s notice to victim – Description of available procedures.
10.99.070 Liability of peace officers.
(Ord. No. 09-601, § 6, 1-6-09. Code 2001 § 6-10.)
6.05.110 Bail forfeiture.
A court may accept, in an amount and through a process agreed to by the parties, a forfeiture of bail as a final disposition of a criminal charge or an infraction under this Code when agreed to by both the prosecutor and the defendant or respondent. A court may accept a forfeiture of bail as a final disposition of a criminal charge under this Code when the defendant fails to respond to a notice or summons to appear, having previously posted a bail amount; one year has passed; and the prosecutor agrees.
(Ord. No. 09-601, § 7, 1-6-09. Code 2001 § 6-11.)
6.05.120 Probation violations.
It is a misdemeanor for any person who has been convicted of a criminal offense, and has been placed, and remains, on probation in connection with a suspended or deferred sentence by a court, to knowingly violate any provision of a court’s probation order.
(Ord. No. 09-601, § 8, 1-6-09. Code 2001 § 6-12.)
6.05.130 Jurisdiction.
The following persons are subject to punishment:
(1) A person who commits in the city any crime as defined by ordinance, in whole or 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. No. 09-601, § 9, 1-6-09. Code 2001 § 6-13.)