Chapter 10.04
PENAL CODE

Sections:

Article I. Definitions and Interpretation

10.04.010    Title.

10.04.020    Interpretation of words and phrases.

10.04.031    Principal defined.

10.04.032    Severability clause.

10.04.033    Attempted crime.

10.04.050    Peace officer defined.

10.04.060    Severability.

Article II. Interfering with and
Obstructing Officers

10.04.100    Taking property from officer.

10.04.150    Impersonating an officer.

10.04.160    Obstruction of extinguishment of fire.

10.04.170    Obstructing firemen.

Article III. Registration of Felons

10.04.180    Registration required – Conditions.

Article IV. Crimes against the Person

10.04.210    Provoking assault.

10.04.230    Malicious prosecution.

Article V. Larceny and Fraud

10.04.300    Collecting for charity without authority.

10.04.310    False advertising.

Article VI. Weapons

10.04.510    Purchasing weapon by use of false information.

Article VII. Minors

10.04.540    Curfew.

10.04.550    Recodified.

10.04.560    Recodified.

10.04.570    Recodified.

10.04.580    Recodified.

10.04.581    Repealed.

10.04.590    Recodified.

10.04.610    Recodified.

Article VIII. Unlawful Conduct

10.04.640    Contempt of court.

10.04.710    Prostitution loitering.

10.04.711    Recodified.

10.04.712    Recodified.

10.04.713    Recodified.

10.04.720    Recodified.

10.04.730    Indecent language, practices and drunkenness.

10.04.740    Public indecency.

10.04.742    Soliciting for an act of public indecency.

10.04.745    Urinating in public – Prohibited.

10.04.750    Obscene literature.

10.04.810    Willfully retaining library books.

10.04.820    Gas bombs and stink bombs.

10.04.830    Smoking where prohibited.

10.04.850    Giving false fire alarm.

10.04.860    Ambulance drivers and attendants.

10.04.870    Abandoning, discarding refrigeration equipment.

10.04.875    Feeding animals or leaving foodstuffs on public property.

10.04.880    Maintaining or permitting public nuisance.

10.04.885    Repealed.

10.04.887    Disposition of tenant’s personal property.

Article IX. Enforcement

10.04.890    Repealed.

10.04.900    Enforcement – Warrants and arrest.

10.04.910    Cost of prosecution.

10.04.920    Repealed.

10.04.930    Stay out of areas of prostitution orders.

Article I. Definitions and Interpretation

10.04.010 Title.

This chapter shall be referred to and known as the “Lynnwood penal code,” and reference to the city herein means the city of Lynnwood. (Ord. 50 § 1.1, 1959)

10.04.020 Interpretation of words and phrases.

Unless the context thereof indicates to the contrary, words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter genders shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural. (Ord. 50 § 1.2, 1959)

10.04.031 Principal defined.

Every person concerned in the commission of a gross misdemeanor or misdemeanor in violation of any city ordinance, whether he directly commits the act constituting the offense or aids or abets in its commission, and whether present or absent; and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a gross misdemeanor or misdemeanor, is a principal and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him. (Ord. 480 § 1, 1969)

10.04.032 Severability clause.

If any sentence, clause or phrase of LMC 10.04.031 and this section is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of LMC 10.04.031 and this section. (Ord. 480 § 1, 1969)

10.04.033 Attempted crime.

An act done with intent to commit a crime, intending but failing to accomplish it, is an attempt to commit that crime, and every person who is convicted of attempting to commit a crime, unless otherwise prescribed by ordinance, shall be punished in the same manner as if that crime had been accomplished. (Ord. 705 § 1, 1973)

10.04.050 Peace officer defined.

For the purposes of this chapter, “peace officer” means a duly appointed city, county or state law enforcement officer. (Ord. 178 § 1, 1963)

10.04.060 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 50 § 12.2, 1959)

Article II. Interfering with and
Obstructing Officers

10.04.100 Taking property from officer.

Every person who shall take from the custody of any officer or other person any personal property in his charge under any process of law, or who shall willfully injure or destroy such property, shall be guilty of a misdemeanor. (Ord. 50 § 2.5, 1959)

10.04.150 Impersonating an officer.*

Any person who shall falsely personate a public officer, civil or military, or a policeman, or a private individual having special authority by law to perform an act affecting the right or interest of another, or who, without authority, shall assume any uniform or badge of which such an officer or person is lawfully distinguished by, and in such assumed character shall do any act purporting to be official, whereby another is injured or defrauded, shall be guilty of a misdemeanor. (Ord. 178 § 24, 1963)

*For provisions regarding false personation of public officer, see RCW 9.34.020.

10.04.160 Obstruction of extinguishment of fire.

Every person who, with intent to prevent or obstruct the extinguishment of any fire shall cut or remove any bell rope, wire or other apparatus for communicating an alarm of fire, or cut, injure or destroy any engine, hose, or other fire apparatus, or otherwise prevent or obstruct the extinguishment of any fire, shall be guilty of a gross misdemeanor. (Ord. 50 § 2.9, 1959)

10.04.170 Obstructing firemen.

Every person who at the burning of any building shall be guilty of any disobedience to the lawful orders of a public officer or fireman or of resistance to or interference with the lawful efforts of any fireman, or company of firemen to extinguish the same, or of disorderly conduct likely to interfere with the extinguishment thereof, or who shall forbid, prevent or dissuade others from assisting to extinguish such fire, shall be guilty of a misdemeanor. (Ord. 50 § 2.10, 1959)

Article III. Registration of Felons

10.04.180 Registration required – Conditions.

Anyone convicted of a felony, or of any crime constituting a felony under the statutes of the state of Washington, or any person on probation, or parole, who shall be within the city limits of Lynnwood, or in transit, temporarily or otherwise, must within 48 hours after arrival therein report to and furnish the chief of police with a written statement signed by such person, containing his true name and each other name or alias by which he is or has been known, a full and complete personal description, the name of each crime of which he has been convicted, the place where committed, the name under which he was convicted, the date of each such conviction, the name and location of each prison, reformatory or other penal institution, if any, in which he was confined as punishment therefor, the location or address of each of his actual or intended residence, stopping place or living quarters in the city of Lynnwood, together with a description of each such place, whether hotel, apartment house, dwelling house or otherwise, giving the street number, if any, or such description of the location as will identify the same, and the length of time which he expects or intends to reside within said city. At the time of furnishing such statement said person shall be photographed and fingerprinted by the chief of police. All this shall be subject to the following conditions:

A. Change of Address. Any such person changing his place of residence, stopping place or living quarters, shall within 48 hours thereafter notify said chief of police in a written and signed statement of such change of address, and shall furnish the statement of such new address.

B. Records Confidential. All reports, records, photographs and fingerprints taken pursuant to this chapter shall be private records of the chief of police, open to the inspection of police officers only, or persons having official duties to perform in connection therewith, and it is unlawful for anyone having access to such records to disclose to anyone else, other than in the regular discharge of his duties, any information contained therein.

C. Violation. It is unlawful to fail to furnish any statement, report, information, photograph or fingerprint required by this chapter within the time required hereby or to furnish any such statement, information, photograph or fingerprint which is false or misleading.

D. Exceptions. The requirements of this section shall not apply to any person five years after a full pardon or a final release or discharge from a reformatory, penitentiary or other penal institution has been granted such person. (Ord. 178 § 8, 1963)

Article IV. Crimes against the Person

10.04.210 Provoking assault.

Every person who by word, sign or gesture, willfully provokes, or attempts to provoke another person to commit an assault or breach of the peace, shall be guilty of a misdemeanor. (Ord. 50 § 4.3, 1959)

10.04.230 Malicious prosecution.

Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he is innocent, shall be guilty of a misdemeanor. (Ord. 178 § 22, 1963)

Article V. Larceny and Fraud

10.04.300 Collecting for charity without authority.

Any person who shall sell a ticket to any ball, benefit or entertainment, or ask or receive a subscription or promise therefor for the benefit or pretended benefit of any person, association or order, or who shall otherwise solicit or obtain money on behalf of any person or association or order, without being duly authorized thereto by the person, association or order for whose benefit or pretended benefit that the same is done, shall be guilty of a misdemeanor. (Ord. 178 § 23, 1963)

10.04.310 False advertising.

Any person, firm, corporation or association, who, with intent to sell or otherwise dispose of merchandise, securities or service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire a title thereto, or an interest therein, makes, publishes, disseminates, or circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated or circulated, or placed before the public in this city, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor; provided, that the provisions of this section shall not apply to any owner, publisher, agent or employee of a newspaper for the publication of such advertisement published in good faith and without knowledge of the falsity thereof. (Ord. 178 § 20, 1963)

Article VI. Weapons

10.04.510 Purchasing weapon by use of false information.

Any person who shall in purchasing or otherwise securing delivery of a pistol or in applying for a license to carry the same give false information or offer false evidence of his identity shall be guilty of a misdemeanor. (Ord. 50 § 6.11, 1959)

Article VII. Minors

10.04.540 Curfew.

No person or persons under the age of 18 years shall be permitted to walk, ride, play, loaf, or lounge in any street, road, alley or public park or plaza within the city limits between the hours of 10:00 p.m. and 5:00 a.m. Any parent or guardian or other person in authority who shall permit a child or children to violate the provisions of this section shall, when convicted, be deemed guilty of a misdemeanor, and be fined in any sum not exceeding $15.00; provided, that the provisions of this section shall not apply to any child or children who are in company of a parent or other adult having custody of him or them as the case may be, nor to a child or children who may be sent for medicine, medical or other assistance in case of accident or sickness, or other necessary errand by a parent or guardian while in such service; provided further, that the provision of this section shall not apply to any child or children who are gainfully employed between the hours of 10:00 p.m. and 5:00 a.m. or are in transit to or from such employment along the shortest course between the place of employment and such child or children’s place of abode. (Ord. 50 § 10.1, 1959)

10.04.550 Minors frequenting taverns – Misrepresentation of age – Classification of licenses.

Recodified by Ord. 1772.

10.04.560 Proprietor allowing minors to remain where liquor is sold.

Recodified by Ord. 1772.

10.04.570 Supplying liquor to minors.

Recodified by Ord. 1772.

10.04.580 Possession of liquor by minors.

Recodified by Ord. 1772.

10.04.581 Purchase or consumption by minors – Exceptions.

Repealed by Ord. 1772.

10.04.590 Minor falsifying age.

Recodified by Ord. 1772.

10.04.610 Recodified.

Recodified by Ord. 2164 to LMC 10.02.050.

Article VIII. Unlawful Conduct

10.04.640 Contempt of court.

Every person who shall commit a contempt of court of any one of the following kinds shall be guilty of a misdemeanor:

A. Disorderly, contemptuous or insolent behavior committed during the sitting of the court or city council, in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority; or

B. Breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of a court, jury or referee, or city council meetings; or

C. Contumacious and unlawful refusal to be sworn or to attest or affirm, as a witness, or after being sworn, to answer any legal and proper interrogatory. (Ord. 50 § 3.1, 1959)

10.04.710 Prostitution loitering.

A. As used in this section:

1. “Commit prostitution” means to engage in sexual conduct for money but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.

2. “Known prostitute or procurer” means a person who within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted in Lynnwood municipal court of an offense involving prostitution.

3. “Public place” means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

4. “Sexual conduct” means conduct as defined in RCW 9A.44.010.

B. A person is guilty of prostitution loitering if he or she remains in a public place and intentionally solicits, induces, entices, or procures another to commit prostitution.

C. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she:

1. Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation; or

2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or

3. Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; or

4. Is a known prostitute or procurer; or

5. Inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer. (Ord. 2138 § 1, 1997)

10.04.711 Unlawful possession of liquor.

Recodified by Ord. 1772.

10.04.712 Drinking liquor in public prohibited – Exception.

Recodified by Ord. 1772.

10.04.713 Public place defined – Exclusions.

Recodified by Ord. 1772.

10.04.720 Drinking in public conveyance prohibited.

Recodified by Ord. 1772.

10.04.730 Indecent language, practices and drunkenness.*

Any person who uses in the presence of any person in any public place any indecent or vulgar language, or who appears upon any public road or street, or in any or upon any public place or conveyance in any indecent, drunken or maudlin condition or boisterous manner shall be guilty of a misdemeanor. (Ord. 50 § 5.9, 1959)

*For statutory provisions on indecent language and conduct, see Chapter 9.68 RCW.

10.04.740 Public indecency.

A. Public Indecency Prohibited. Notwithstanding anything in the Lynnwood Municipal Code to the contrary, a person who knowingly or intentionally, in a public place:

1. Engages in actual or simulated sexual intercourse, deviate sexual conduct, masturbation, sodomy, bestiality, oral copulation, flagellation or other ultimate sex acts; or

2. Engages in excretory functions in other than a restroom or other facility intended for such purpose; or

3. Appears in a state of nudity in a public place other than a public place provided or set apart for nudity; or

4. Fondles the genitals of himself, herself or another person;

commits the crime of public indecency. Public indecency is a misdemeanor.

B. Exemptions. This section shall not be construed to prohibit:

1. Plays, operas, musicals or other dramatic works that are not obscene;

2. Classes, seminars and lectures held for serious scientific or educational purposes that are not obscene;

3. Exhibitions or dances which are not obscene; or

4. Adult entertainment activities operating pursuant to Chapter 5.50 LMC.

C. Definitions. For purposes of this section, the following words or phrases shall have the meanings set forth herein, as follows:

1. “Nudity” means the showing or display of:

a. Human male or female genitals or pubic area with less than a fully opaque covering; or

b. Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs and any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or

c. The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed. The act of breastfeeding or expressing breast milk shall not be considered “nudity” or “public indecency”; or

d. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

2. “Public place” means any location, place or business frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. The term includes, but is not limited to, streets, sidewalks, alleys, parking lots, parks, automobiles, whether moving or not, and business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirement), including businesses contained in structures which can serve customers who remain in their vehicles by means of a drive-up window or door.

3. “Public place provided or set apart for nudity” means a public place such as public restrooms, enclosed functional shower, locker or dressing room facilities, enclosed motel and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein.

4. “Obscene” means an activity which:

a. Taken as a whole by an average person, applying contemporary community standards, appeals to a prurient interest in sex;

b. Depicts patently offensive representations, as measured against community standards, of:

i. Ultimate sexual acts, normal or perverted, actual or simulated; or

ii. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or

iii. Violent or destructive sexual acts, including, but not limited to, human or animal mutilation, dismemberment, rape, or torture; and

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

D. Indecent Exposure. RCW 9A.88.010, as now enacted or as may be amended hereafter, is hereby adopted by reference as if fully set forth herein, including applicable penalties; except that the conduct constituting a felony, as determined by the prosecutor, is excluded. (Ord. 2802 § 1, 2009; Ord. 50 § 5.10, 1959)

10.04.742 Soliciting for an act of public indecency.

Every person who solicits another to engage in an act of public indecency in a public place shall be guilty of a misdemeanor. (Ord. 2138 § 2, 1997)

10.04.745 Urinating in public – Prohibited.

Any person who intentionally urinates or defecates in a place other than a washroom or toilet room or other facility specifically designated and intended for that use is guilty of a misdemeanor. (Ord. 1933 § 3, 1993)

10.04.750 Obscene literature.

Any person shall be deemed guilty of a misdemeanor who shall:

A. Sell, lend or give away, or have in his possession with intent to sell, lend, give away or show, any obscene, pornographic or indecent book, magazine, pamphlet, newspaper, story, paper, writing, picture, drawing, photograph, or any article, or instrument of indecent or immoral character, or who shall design, copy, draw, photograph, print, publish or otherwise prepare such a book, picture, drawing or paper or other article, or write or print any circular, advertisement or notice of any kind, or give oral information stating when, where or how or from whom such an indecent or obscene article or thing can be purchased or obtained; or

B. Sell, lend, give away or have in his possession with intent to sell, lend, give away or to show any book, pamphlet, magazine, newspaper or other printed paper devoted to the publication or largely made up of criminal news, police reports, account of criminal deeds, or pictures or stories of deeds and bloodshed, lust or crime; or

C. Exhibit within the view of any minor any books, papers or other things hereinbefore enumerated; or

D. Hire, use or employ, or having custody or control of a minor, shall permit any minor to sell, give away or in any manner distribute any article hereinbefore mentioned; or

E. Shall cause to be performed, exhibited or engage in the performance of any obscene, indecent, or immoral show, act or performance. (Ord. 178 § 14, 1963)

10.04.810 Willfully retaining library books.

Any person who willfully retains any book, newspaper, magazine, pamphlet, manuscript, recording or other property belonging to or in any public library, reading room, or other educational institution, for 30 days after notice in writing to return the same, given after the expiration of the time that by the rules of such institution such article or other property may be kept, shall be guilty of a misdemeanor. (Ord. 178 § 15, 1963)

10.04.820 Gas bombs and stink bombs.

Any person other than a lawfully constituted peace officer of this city, or of the state, who deposits, leaves, places, sprays, scatters, spreads or throws in any building, or any place, or who counsels, aids, assists, encourages, incites or directs any other person or persons to deposit, leave, place, spray, scatter, spread or throw, in any building or place, or who has in his possession for the purpose of, and with the intent of depositing, leaving, placing, spraying, scattering, spreading or throwing, in any building or place, or of counseling, aiding, assisting, encouraging, inciting or directing any other person or persons to deposit, leave, place, spray, scatter, spread or throw, any stink bomb, stink paint, tear bomb, tear shell, or any other device, material, chemical or substance which, when exploded or opened, or without such exploding or opening, by reason of its offensive and pungent odor, does or will annoy, injure, endanger or inconvenience any person or persons, shall be guilty of a misdemeanor; provided, that this section shall not apply to persons in the military service, actually engaged in the performance of military duties, pursuant to orders from competent authority, nor to any property owner or persons acting under his authority providing protection against the commission of a felony. (Ord. 178 § 12, 1963)

10.04.830 Smoking where prohibited.

Any person who shall light a pipe, cigar or cigarette, or who shall enter with a lighted pipe, cigar or cigarette, any mill or other building in which is posted in a conspicuous place over or near such principal entrance a notice in plain, legible characters stating that no smoking is allowed in such building, shall be guilty of a misdemeanor. (Ord. 178 § 30, 1963)

10.04.850 Giving false fire alarm.

It shall be a misdemeanor for any person to knowingly cause or make any false fire alarm of fire within the city of Lynnwood; provided, that this section shall not apply to the chief of the fire department when he shall deem it expedient to give such false alarm for the discipline of fire department personnel. (Ord. 178 § 32, 1963)

10.04.860 Ambulance drivers and attendants.

Any person violating any of the following provisions shall be guilty of a misdemeanor:

A. It is unlawful to drive or attend as assistant, an ambulance without first having successfully completed the advanced first aid course offered by the American Red Cross.

B. All ambulances must be at all times manned by two persons (driver and attendant) and equipped with first aid equipment consisting of resuscitator, inhalator, leg and arm splints, and standard 24 unit first aid kit as prescribed by the American Red Cross.

C. It is unlawful for the driver or attendant of any ambulance to have consumed, within an eight-hour period prior to use of said emergency vehicle, any quantity of any alcoholic beverage, or any narcotic or barbiturate, whether said person be under the influence of said alcohol, narcotic or barbiturate or not. (Ord. 178 § 17, 1963)

10.04.870 Abandoning, discarding refrigeration equipment.

Any person who discards or abandons or leaves in any place accessible to children any refrigerator, ice box, or deep freeze locker having a capacity of one and one-half feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. Any owner, lessor, lessee, or manager who knowingly permits such unused refrigerator, ice box or deep freeze locker to remain on the premises under his control without having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor. Guilt of a violation of this paragraph of this section of this chapter shall not, in itself, render any person guilty of any crime against a person who may suffer death or injury from entrapment in such refrigerator, ice box or deep freeze locker.

Any person who keeps or stores refrigerators, ice boxes, or deep freeze lockers for the purpose of selling or offering them for sale shall not be guilty of a violation of this chapter if he takes reasonable precautions to effectively secure the door of any refrigerator, ice box or deep freeze locker held for purpose of sale so as to prevent entrance of any child or children small enough to fit into such articles. (Ord. 178 § 18, 1963)

10.04.875 Feeding animals or leaving foodstuffs on public property.

A. No persons shall deposit, place, distribute, or leave any foodstuffs of any kind or nature on public property, or property subject to city right-of-way, or property subject to easement or other agreement giving the city control or use of the property, save and except in a receptacle provided by the city for that purpose.

B. No persons shall feed any animal, including but not limited to, birds or waterfowl, on public property, or property subject to city right-of-way, or property subject to easement or other agreement giving the city control or use of the property.

C. The provisions of this section shall not apply to any public officer or public employee in the performance of his or her duties.

D. Any person who shall violate or fail to comply with any provision of this section shall, upon the first conviction therefore, be punished by a fine only of not more that $50.00. Upon the second such conviction within one year of a previous violation, a person shall be punished by a fine only of not more than $100.00. Upon the third or subsequent such conviction where three violations occur within a one-year period, a person shall be guilty of a misdemeanor and punished by a fine of not more than $300.00. A conviction includes any finding of guilt, stipulation to guilt or facts sufficient to establish guilt, forfeiture, or a deferred or suspended sentence. (Ord. 2029 § 1, 1995)

10.04.880 Maintaining or permitting public nuisance.

Any person who commits or maintains a public nuisance, for which no special punishment is prescribed, or who willfully omits or refuses to perform any legal duty relating to the removal of such nuisance, or any person who lets or permits to be used, any building or boat, or portion thereof, knowing that it is intended to become or is being used for committing or maintaining any such nuisance, shall be deemed guilty of a misdemeanor. (Ord. 178 § 16, 1963)

10.04.885 Distribution of drugs.

Repealed by Ord. 1840.

10.04.887 Disposition of tenant’s personal property.*

Any landlord of rented premises who violates any of the following provisions shall be guilty of a misdemeanor:

A. It is unlawful for a landlord, or any person designated as a representative of the landlord, to cause or direct, or knowingly permit the removal of any tenant’s personal property, or any property or items from the demised premises or common areas thereon, to a public sidewalk, public walkway, public street or right-of-way.

B. It is unlawful for a landlord to cause or direct, or knowingly permit, the removal of any tenant’s personal property, or any property or items from the demised premises or common areas thereon, to any area exposed to plain public view, from a public sidewalk, public walkway, or public street or right-of-way.

C. The terms “landlord,” “tenants” and “premises” are to be construed as defined in RCW 59.18.030 (1973). (Ord. 1768 § 1, 1990)

*Code reviser’s note: Ord. 1768 § 1 has been codified as LMC 10.04.887 because LMC 10.04.885 previously existed.

Article IX. Enforcement

10.04.890 Violation of ordinances a misdemeanor.

Repealed by Ord. 2164.

10.04.900 Enforcement – Warrants and arrest.

The municipal court judge shall issue warrants for the arrest of any person or persons accused in a written complaint of violating any of the provisions of this chapter; provided, that the police may arrest without a warrant any person violating any of the provisions of this chapter in his or their presence. It shall be the duty of the Lynnwood city police to strictly enforce the provisions of this chapter. (Ord. 178 § 7, 1963)

10.04.910 Cost of prosecution.

Whether anyone is convicted of an offense under any section of this penal code or section of any other city ordinance, in addition to the fine imposed he must pay the costs of prosecution. Costs of prosecution shall include any or all of the following: cost of docketing, cost of issuing the warrant, cost for mileage in processing the warrant, a fee for a personal recognizance bond, costs for witness fees. In default of such payment he shall be imprisoned until such fine and costs of prosecution are paid or worked out on a basis of $3.00 per each day of imprisonment. (Ord. 50 § 1.4, 1959)

10.04.920 Penalties for violations.

Repealed by Ord. 2164.

10.04.930 Stay out of areas of prostitution orders.*

A. Stay out of areas of prostitution orders, hereinafter known as SOAP orders, may be issued by the Lynnwood municipal court to anyone charged with prostitution or patronizing a prostitute under Chapter 10.02 LMC, or prostitution loitering under this chapter as a condition of pre-trial release.

B. SOAP orders may be issued by the Lynnwood municipal court to anyone convicted of, or placed on a stay of proceedings for, prostitution or patronizing a prostitute under Chapter 10.02 LMC, or prostitution loitering under this chapter.

C. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order and in the officer’s presence is seen violating or failing to comply with any requirement or restriction imposed by the court, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring said person before the court issuing the order.

D. The SOAP order shall warn the person named in the order to stay out of the following high risk prostitution area:

The entire area within the City of Lynnwood extending from the South City limits to the North City limits along Highway 99, and 500 feet to either side of the centerline of Highway 99.

E. A person is deemed to have notice of the SOAP order when:

1. The signature of the person named in the order or their attorney is affixed to the bottom of the order, signifying that they have read the order and have knowledge of the contents of the order; or

2. The order recites that the person named in the order or the person’s attorney appeared in person before the court.

F. The written SOAP order shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense under Chapter 10.04 LMC and will subject the violator to arrest.”

G. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, or is deemed to have notice of the order, a violation of any of the provisions of the order is a misdemeanor. (Ord. 2137 § 1, 1997)

*Code reviser’s note: Ord. 2137 § 1 has been codified as LMC 10.04.930 because LMC 10.04.890 previously existed.