Chapter 10.02
CRIMINAL CODE

Sections:

10.02.010    Statutory provisions – Adopted by reference – Scope.

10.02.011    Adoption of state statutes (RCW sections) generally.

10.02.012    Unlawful conduct on bus – State statute adopted by reference.

10.02.014    Failure to deliver leased personal property – State statute adopted by reference.

10.02.015    Repealed.

10.02.016    Unlicensed practice of massage therapy or reflexology.

10.02.020    Statutory provisions – Amendments or changes included.

10.02.040    Offenses by and against juveniles.

10.02.045    Leaving child under age seven unattended in a parked vehicle.

10.02.050    Leaving child unattended in parked vehicle while entering tavern or other place where alcohol is dispensed.

10.02.055    Repealed.

10.02.060    Powers of arrest – State statutes relating to, adopted by reference.

10.02.065    Telephone calls to harass, intimidate or embarrass – State statutes relating to, adopted by reference – Penalty.

10.02.067    Disobedience of anti-harassment order.

10.02.068    Repealed.

10.02.070    Obstructing a police officer.

10.02.080    Classification of offenses.

10.02.100    Filing of provisions for public examination.

10.02.120    Domestic violence statutes – Adopted by reference.

10.02.125    Additional domestic violence offense provisions – Exposing children to domestic violence.

10.02.130    Attachments to utility poles and public right-of-way structures – Violation and penalty.

10.02.140    Interference with pedestrian or vehicular traffic.

10.02.900    Severability.

10.02.010 Statutory provisions – Adopted by reference – Scope.

The following statutes are adopted by reference as and for a portion of the criminal ordinance and code of this city as if set forth in full herein, with the exception of the penalty provisions thereof which are superseded by the penalty provisions of this chapter as set forth in LMC 10.02.080, and which are made applicable to these statutes. Any reference to felonies or classification of felonies shall refer to the statutes of the state of Washington for definition and prosecution.

RCW

Preliminary Article

9A.04.050    People capable of committing crimes—Capability of child.

9A.04.060    Common law to supplement statute.

9A.04.070    Who amenable to criminal statutes.

9A.04.080    Limitation of actions.

9A.04.100    Proof beyond reasonable doubt.

9A.04.110    Definitions.

Principles of Liability

9A.08.010    General requirements of culpability.

9A.08.020    Liability for conduct of another—Complicity.

9A.08.030    Criminal liability of corporations and persons acting for them.

Insanity

9A.12.010    Insanity.

Defenses

9A.16.010    Defenses—Definitions.

9A.16.020    Use of force—When lawful.

9A.16.060    Duress.

9A.16.070    Entrapment.

9A.16.080    Action for being on store premises for investigation “reasonable grounds” as defense.

9A.16.090    Intoxication.

Anticipatory Offenses

9A.28.020    Criminal attempt.

9A.28.030    Criminal solicitation.

9A.28.040    Criminal conspiracy.

Assault

9A.36.041    Assault in the fourth degree.

9A.36.050    Reckless endangerment.

9A.36.070    Coercion.

9A.36.150    Interfering with reporting domestic violence.

9A.40.070    Custodial interference second degree.

Harassment

9A.46.010    Legislative finding.

9A.46.020    Definitions—Penalties.

9A.46.030    Place where committed.

9A.46.040    Court-ordered requirements upon defendant—Violation.

9A.46.050    Arraignment—No-contact order.

9A.46.060    Crimes included in harassment.

9A.46.070    Enforcement of orders restricting contact.

9A.46.080    Order restricting contact violation.

9A.46.090    Nonliability of peace officer.

9A.46.100    “Convicted,” time when.

9A.46.110    Stalking.

Inhaling Toxic Fumes

9.47A.020    Unlawful inhalation exception.

9.47A.030    Possession of certain substances prohibited, when.

9.47A.040    Sale of certain substances prohibited, when.

Arson, Reckless Burning, Malicious Mischief

9A.48.010    Definitions.

9A.48.050    Reckless burning in second degree.

9A.48.060    Reckless burning—Defense.

9A.48.090    Malicious mischief in third degree.

9A.48.100    Malicious mischief—“Physical damage” defined.

9A.49.050    Reckless burning in second degree.

Burglary and Trespass

9A.52.010    Definitions.

9A.52.040    Inference of intent.

9A.52.050    Other crime in committing burglary punishable.

9A.52.060    Making or having burglary 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 prowl in the second degree.

9A.52.120    Computer trespass in the second degree.

Theft and Robbery

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.

9A.56.096    Theft of rental property.

9A.56.140    Possessing stolen property—Definitions—Access devices, presumption.

9A.56.170    Possessing stolen property in the third degree.

9A.56.180    Obscuring the identity of a machine.

9A.56.220    Theft of subscription 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.

Fraud

9A.60.010    Fraud—Definitions.

9A.60.045    Criminal impersonation in the second degree.

9A.60.050    False certification.

Defrauding a Public Utility

9A.61.010    Definitions.

9A.61.020    Defrauding a public utility.

9A.61.050    Defrauding a public utility in the third degree.

Perjury and Interference with Official Proceedings

9A.72.010    Definitions.

9A.72.040    False swearing.

9A.72.140    Jury tampering.

9A.72.150    Tampering with physical evidence.

Obstructing Governmental Operations

9A.76.010    Definitions.

9A.76.020    Obstructing a law enforcement officer.

9A.76.030    Refusing to summon aid for a peace officer.

9A.76.040    Resisting arrest.

9A.76.050    Rendering criminal assistance definition of term.

9A.76.060    Relative defined.

9A.76.080    Rendering criminal assistance in the second degree.

9A.76.090    Rendering criminal assistance in the third degree.

9A.76.100    Compounding.

9A.76.130    Escape in the third degree.

9A.76.160    Introducing contraband in the third degree.

9A.76.170    Bail jumping.

9A.76.175    Making a false or misleading statement to a public servant.

Abuse of Office

9A.80.010    Official misconduct.

Public Disturbance

9A.84.010    Riot.

9A.84.020    Failure to disperse.

9A.84.030    Disorderly conduct.

9A.84.040    False reporting.

Sexual Misconduct—Prostitution

9.68A.011    Definitions.

9.68A.090    Communicating with a minor for immoral purposes.

9.68A.110    Certain defenses barred, permitted.

9A.44.010    Definitions.

9A.44.096    Sexual misconduct with a minor in the second degree.

9A.88.010    Indecent exposure.

9A.88.030    Prostitution.

9A.88.050    Prostitution—Sex of parties immaterial—No defense.

9A.88.090    Permitting prostitution.

9A.88.110    Patronizing a prostitute.

Extreme Risk Protection Orders

7.94.010    Purpose—Intent.

7.94.020     Definitions.

7.94.030     Petition for order.

7.94.040     Hearings on petition—Grounds for order issuance.

7.94.050     Ex parte orders.

7.94.060     Service of orders.

7.94.070     Service by publication or mail.

7.94.080     Termination and renewal of orders.

7.94.090     Firearms—Surrender.

7.94.100     Firearms—Return—Disposal.

7.94.110     Reporting of orders.

7.94.120     Penalties.

7.94.130     Other authority retained.

7.94.140     Liability.

7.94.150     Instructional and informational material.

7.94.900     Short title—2017 c 3 (Initiative Measure No. 1491).

Miscellaneous

2.48.170    Only active members (of the state bar) may practice (law).

2.48.180    Definitions—Unauthorized practice a crime—Causes for discipline.

9.12.010    Barratry.

9.26A.120    Fraud in operation—Coin-box telephone or other receptacle.

9.27.015    Harassing judge, juror, or witness.

9.38.010    False representation concerning credit.

9.38.015    False representation concerning deposit account applicant.

9.69.100    Duty of witness of offense against child or any violent offense—Penalty.

9.73.030    Recording conversation without consent.

13.32A.080    Harboring a runaway.

69.41.030    Sale, delivery, or possession of legend drug without prescription or order prohibited––Exceptions––Penalty.

69.41.070    Illegal possession of steroids without prescription.

69.50.101    Uniform controlled substances act—Definitions.

69.50.102    Drug paraphernalia—Definitions.

69.50.202    Nomenclature.

69.50.204    Schedule I.

69.50.206    Schedule II.

69.50.208    Schedule III.

69.50.210    Schedule IV.

69.50.212    Schedule V.

69.50.401    Prohibited acts: A—Penalties.

69.50.4011    Counterfeit substances––Penalties.

69.50.4013    Possession of controlled substance—Penalty.

69.50.4014    Possession of forty grams or less of marijuana––Penalty.

69.50.412    Prohibited acts: E—Penalties.

69.50.4121    Drug paraphernalia—Selling or giving—Penalty.

69.50.505    Seizure and forfeiture.

70.74.020    Delivery of explosives to a minor.

77.16.250    Loaded shotgun or rifle in vehicle.

(Ord. 3391 § 1, 2021; Ord. 3293 § 1, 2018; Ord. 3082 § 1, 2014; Ord. 2259 § 2, 1999; Ord. 2140 § 1, 1997; Ord. 2037 § 1, 1995; Ord. 1943 § 1, 1993; Ord. 1577 § 1, 1987; Ord. 1493 §§ 1, 2, 3, 1985; Ord. 1427 § 1, 1984; Ord. 1388 § 1, 1983; Ord. 1069 § 1, 1979; Ord. 861 § 1, 1976)

10.02.011 Adoption of state statutes (RCW sections) generally.

Notwithstanding the RCW sections that are specifically adopted by reference in this title, all RCW sections that constitute misdemeanor and gross misdemeanor criminal behavior, and all RCW sections that state the penalties therefor, and all RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors, as such RCW sections are currently enacted or as they may be hereafter amended or recodified from time to time, are adopted by reference, and shall be given the same force and effect as if set forth herein in full. To the extent otherwise enforceable by the state of Washington, said RCW sections shall likewise be enforceable by the city of Lynnwood, through its police department and its prosecuting attorney, all in the same manner as the statute may be enforced or prosecuted in the name of the state. (Ord. 3294 § 1, 2018)

10.02.012 Unlawful conduct on bus – State statute adopted by reference.

RCW 9.91.025, an act defining and relating to unlawful conduct on public transits and municipal transit stations, is hereby adopted by reference as and for an ordinance of the city of Lynnwood as if set forth in full. (Ord. 1933 § 2, 1993)

10.02.014 Failure to deliver leased personal property – State statute adopted by reference.

RCW 9.45.062, a statute relating to failure to deliver leased personal property, is hereby adopted by reference as and for an ordinance of the city of Lynnwood as set forth in full herein. (Ord. 1493, 1985)

10.02.015 Criminal offenses – Statutory provisions.

Repealed by Ord. 1728.

10.02.016 Unlicensed practice of massage therapy or reflexology.

Chapter 18, Laws of 2015 (SHB 1252), an act relating to the unlicensed practice of massage therapy or reflexology, is adopted by reference as and for an ordinance of the city of Lynnwood as if set forth in full herein. (Ord. 3152 § 1, 2015)

10.02.020 Statutory provisions – Amendments or changes included.

The amendment, addition or repeal by the Washington Legislature of any section of any of the adopted statutes shall be deemed to amend this chapter, and the statutes contained in this chapter which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority of this city to take any action with respect to such addition, amendment, or repeal as provided by RCW 35A.12.140. (Ord. 861 § 2, 1976)

10.02.040 Offenses by and against juveniles.

A. Definitions.

1. RCW 13.04.010, as now or hereafter amended, is adopted by reference as if set forth in full herein.

2. “Liquor” means liquor as defined in the Washington State Liquor Act, RCW 66.04.010 (16).

B. Undressing.

1. It is unlawful for purposes of sexual gratification to remove or cause a minor to remove an article of the minor’s clothing thereby exposing a portion of his body not customarily exposed.

2. In any prosecution under subsection (B)(1) of this section, it is an affirmative defense that if the minor is at least 14 years old, the actor is less than three years older.

C. Contributing to dependency or delinquency. It is unlawful for anyone, by act or omission, knowingly to encourage, or cause or contribute to the dependency or delinquency of a minor.

D. RCW 26.28.080, as now or hereafter amended, is adopted by reference as if set forth in full herein.

E. Except as otherwise provided, violation of this section, LMC 10.04.540 and 10.60.030 through 10.60.080 shall be a misdemeanor; provided, that penalties and punishments for offenses involving alcohol or liquor shall not exceed those established by RCW 66.44.180 as now or hereafter amended.

F. The proscriptions contained in this section, LMC 10.04.540 and 10.60.030 through 10.60.080 shall not apply where permitted, allowed or authorized by Chapter 66.44 RCW or another statute or state law. (Ord. 861 § 4, 1976)

10.02.045 Leaving child under age seven unattended in a parked vehicle.

No person, while in charge of a motor vehicle, shall park or willfully allow such vehicle to stand upon a highway, road, or street or in a place open to the public leaving a child under the age of seven unattended therein, except when another responsible person of at least 12 years of age has immediate control over such child and is physically present in the vehicle. Any person convicted of a violation of this section shall be guilty of a misdemeanor. (Ord. 2164 § 3, 1997; Ord. 1915 § 1, 1992)

10.02.050 Leaving child unattended in parked vehicle while entering tavern or other place where alcohol is dispensed.

Any person having the care and custody, whether temporary or permanent, of minor child under the age of 12 years, who shall leave such children in a parked motor vehicle unattended by an adult, while such person enters a tavern or other premises where vinous, spirituous or malt liquors are dispensed for consumption on the premises shall be guilty of a misdemeanor. (Ord. 2164 § 4, 1997; Ord. 178 § 13, 1963)

10.02.055 Criminal trespass.

Repealed by Ord. 2037.

10.02.060 Powers of arrest – State statutes relating to, adopted by reference.

RCW 10.31.100, an act relating to powers of arrest, is adopted by reference as and for an ordinance of the city of Lynnwood as if set forth in full herein. (Ord. 1420 § 1, 1984; Ord. 1070 § 1, 1979; Ord. 861 § 6, 1976)

10.02.065 Telephone calls to harass, intimidate or embarrass – State statutes relating to, adopted by reference – Penalty.

A. The following statutes are adopted by reference as and for a portion of the criminal ordinance of this city as if set forth in full in this section, with the exception of the penalty provisions thereof which are superseded by the penalty provisions of this section as set forth in subsection (B) of this section:

RCW

9.61.230    Telephone harassment.

9.61.240    Telephone harassment – Permitting telephone to be used.

9.61.250    Telephone harassment – Offense, where deemed committed;

B. Any person who is convicted of violating the provisions of this section is guilty of a gross misdemeanor. (Ord. 2164 § 5, 1997; Ord. 1493 § 1, 1985; Ord. 1229 §§ 1, 2, 1982; Ord. 861, 1976)

10.02.067 Disobedience of anti-harassment order.

Any respondent who willfully disobeys any temporary anti-harassment protection order or civil anti-harassment protection order issued pursuant to Chapter 10.14 RCW shall be guilty of a gross misdemeanor. (Ord. 1884 § 1, 1992)

10.02.068 Violation of anti-harassment order.

Repealed by Ord. 2164.

10.02.070 Obstructing a police officer.

Every person who:

A. Without lawful excuse shall refuse or knowingly fail to make or furnish any statement, report or information lawfully required of him by a public officer; or

B. In any such statements or reports shall make any knowingly untrue statement to a public officer; or

C. Shall knowingly hinder, delay or obstruct any public officer in the discharge of his official powers or duties; shall be guilty of a misdemeanor. (Ord. 861 § 7, 1976)

10.02.080 Classification of offenses.

Unless otherwise specifically provided for, any person who is convicted of violating or failure to comply with any of the criminal provisions of this title shall be subject to the following penalties:

A. Gross Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a $5,000 fine or one year in jail or both. If no state law provides for such penalty then the penalty shall be a $5,000 fine or one year in jail or both.

B. Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a $1,000 fine or 90 days in jail or both. If no state law provides for such penalty then the penalty shall be a $1,000 fine or 90 days in jail or both.

C. Any criminal violation not specifically designated as a gross misdemeanor shall be a misdemeanor. (Ord. 1494 § 1, 1985; Ord. 861 § 8, 1976)

10.02.100 Filing of provisions for public examination.

Incident to the adoption of the ordinance codified in this chapter, copies of the text of the adopted statutes shall be filed in the office of the city clerk, as required by RCW 35A.12.140 for use and examination by the public.

In addition, the office of the city clerk is authorized to codify and number the sections and subsections of the ordinance codified in this chapter to provide for uniformity and consistency with existing codifications and ordinances. (Ord. 861 § 9, 1976)

10.02.120 Domestic violence statutes – Adopted by reference.

A. Statutes adopted by reference:

RCW

10.99.020

10.99.030

10.99.040

10.99.055

10.99.060

26.09.300

26.44.067

26.50.010

26.50.110

26.50.120

26.50.140

Portions of an act relating to domestic violence are adopted by reference as and for an ordinance of the city as if set forth in full in this chapter.

B. The amendment, addition, or repeal of the Washington Legislature of any section or any of the adopted statutes set forth in subsection (A) of this section shall be deemed to amend this section and the statutes contained in this section which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority or this city to take any action with respect to such addition, amendment or repeal as provided by RCW 35A.12.140. (Ord. 1492 § 1, 1985; Ord. 1419 § 1, 1984)

10.02.125 Additional domestic violence offense provisions – Exposing children to domestic violence.

A. Domestic Violence Anti-Merger Clause. Every person who, in the commission of a crime designated as a crime involving domestic violence, shall commit any other crime may be punished for the other crime as well as for the crime designated as a crime involving domestic violence, and may be prosecuted for each crime separately.

B. Exposing Children to Domestic Violence.

1. A person commits the crime of exposing children to domestic violence when he or she:

a. Commits a crime against a family or household member, as defined in RCW 10.99.020; and

b. The crime is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child, a minor stepchild, or any minor child residing within the household of the person or victim.

2. For the purposes of this section, “witnessed” shall mean that the crime is directly perceived through either sight or sound, or a combination thereof, by the child.

3. Exposing children to domestic violence is a gross misdemeanor. (Ord. 3335 § 1, 2019)

10.02.130 Attachments to utility poles and public right-of-way structures – Violation and penalty.

A. It shall be unlawful to attach to utility poles, directional or traffic control signals, or any other structures in the public right-of-way, any of the following: advertising signs, posters, vending machines, or any similar object which presents a hazard to, or endangers the lives of, electrical workers. Any attachment to utility poles shall only be made with the permission of the utility involved, and shall be placed not less than 12 feet above the surface of the ground.

B. Violation – Penalty. Any person convicted of a violation of this section shall be guilty of a criminal misdemeanor and shall be punished by a fine of not less than $30.00. On a second or subsequent conviction for a violation of this section within a five-year period, a person shall be punished by a fine of not less than $75.00 and not more than $500.00. (Ord. 1964 § 1, 1993)

10.02.140 Interference with pedestrian or vehicular traffic.

A. Findings. Consistent with the findings of other Washington State cities, the city council finds that it is important to the general welfare of community members in the city to protect and preserve the public safety of pedestrians and to ensure the safe and efficient movement of pedestrian and vehicular traffic in public places. The city council further finds that public places as defined in this section serve the primary purpose of enabling pedestrian and vehicular traffic to safely and efficiently move about from place to place and that public places in the urban core have become increasingly congested and should be maintained to serve their primary purpose. Lynnwood, as well as other cities in Washington, has experienced an increase in the number of incidents of aggressive solicitation by individuals towards pedestrians and that pedestrian interference in public places deteriorates from the primary purpose and threatens public health, safety and welfare. The city has a compelling interest in protecting its community members from threatening, intimidating or harassing behavior caused by aggressive solicitations, in preserving the quality of life in its urban center and in protecting and preserving the public health, safety and welfare.

B. The following definitions apply to this section:

1. “Aggressively solicit” means to solicit anything of value and intentionally engage in conduct that would likely intimidate a reasonable person, including but not limited to touching, persistently soliciting anything of value after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving anything of value regardless of the solicitor’s purpose.

2. “Enter” means to cross the vertical plane of the edge of a prohibited roadway, which includes crossing the vertical plane of the roadway by any part of a person’s body or any extension thereof or by use of any device used to extend a person’s ability to reach into the roadway.

3. “Intimidate” means to engage in conduct which would make a reasonable person fearful of imminent harm to his or her person or property or feel threatened.

4. “Obstruct pedestrian traffic” means to intentionally walk, stand, sit, lie, or place an object in a public place in such manner as to obstruct or impede, or a person of ordinary sensibilities would conclude it tends to obstruct or impede, the free passage of pedestrians through the area; or that requires, or would require, evasive action by a pedestrian to avoid physical contact.

a. If the impediment or obstruction is caused by the size of a particular group of persons, all persons within the group are equally subject to this section.

b. Acts committed as a valid exercise of one’s constitutional rights, which incidentally interfere with pedestrian traffic in order to exercise that right, or acts authorized by a special event permit or an obstruction permit issued pursuant to the city code do not constitute obstruction of pedestrian traffic.

5. “Obstruct vehicular traffic” means:

a. To solicit from the occupant of any vehicle and be physically present within or subsequently enter a prohibited roadway in connection with the solicitation; or

b. To intentionally engage in any conduct that would obstruct or impede the free flow of vehicular traffic on any public roadway or in a driveway located in the public right-of-way.

Notwithstanding the foregoing, obstructing vehicular traffic does not include: (a) a person summoning aid in an emergency situation; or (b) solicitation from the occupant of a vehicle that is legally parked.

6. “Prohibited roadway” means all on-ramps and off-ramps to Interstate 5 and all state routes and principal arterials located within the boundaries of the city of Lynnwood. A prohibited roadway includes:

a. Any portion of the roadway improved for vehicular travel;

b. Paved shoulders and bike lanes;

c. Medians, which may be denoted by a physical barrier or solid yellow pavement markings; and

d. Both sides of the roadway.

A prohibited roadway excludes all sidewalks and curbs, and any portion of the public right-of-way that is not specifically included in subsections (B)(6)(a), (b) and (c) of this section.

7. “Public place” means an area generally open to the public and includes alleys, bridges, publicly owned buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways to buildings and the grounds surrounding the doorways.

8. “Solicit” and all derivative forms of “solicit” mean:

a. To ask, beg, or plead, whether orally, nonverbally or in a written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts of items of value for oneself or another person;

b. Either orally, nonverbally or in a written or printed manner, to sell or offer for immediate sale goods, services or publications;

c. To distribute without remuneration goods, services, or publications; or

d. To request signatures on a petition or opinions for a survey.

C. A person is guilty of interference with pedestrian traffic if, in a public place, the person intentionally:

1. Obstructs pedestrian traffic; or

2. Aggressively solicits.

D. A person is guilty of interference with vehicular traffic if the person intentionally obstructs vehicular traffic except as permitted by state law or any provision of the Lynnwood Municipal Code.

E. Interference with pedestrian or vehicular traffic is a misdemeanor.

F. The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, section, or portion of this section, or the invalidity of the application thereof to any person or circumstance, does not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances. (Ord. 3330 § 1, 2019)

10.02.900 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held, ruled or determined invalid or unconditional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this chapter, and the application of the provision to other persons or circumstances is not affected. (Ord. 861 § 11, 1976)