Chapter 9.05
CRIMINAL CODE

Sections:

9.05.010    Preliminary statement.

9.05.020    Purposes – Principles of construction.

9.05.030    City criminal jurisdiction.

9.05.040    Classes of crimes.

9.05.050    Punishment and restitution.

9.05.060    Limitation of action.

9.05.070    Proof beyond a reasonable doubt.

9.05.080    General provisions – Adoption by reference.

9.05.090    Principles of liability.

9.05.100    Defenses.

9.05.110    Anticipatory offenses.

9.05.120    Abandoned refrigeration equipment.

9.05.130    Advertising – Crimes relating to.

9.05.140    Alcoholic beverage control.

9.05.150    Alcoholic beverage control –Opening or consuming liquor or possessing open container of liquor in public place.

9.05.160    Animals – Crimes relating to.

9.05.170    Animals – Injury to.

9.05.180    Assault and other crimes relating to person.

9.05.190    Avoidance of intersection.

9.05.195    Boating regulations.

9.05.200    Competitive bidding.

9.05.210    Controlled substances.

9.05.211    Precursor drugs.

9.05.220    Controlled substances – Minors.

9.05.230    Controlled substances – Minors excluded.

9.05.240    Controlled substances – Sale and display rooms.

9.05.250    Controlled substances – Sale restriction.

9.05.260    Controlled substances – Nuisance.

9.05.270    Controlled substances – Violation – Penalty.

9.05.275    Drug-free zones – Enhanced penalty.

9.05.280    Corporations – Crimes relating to.

9.05.290    Custodial interference.

9.05.300    Disorderly conduct.

9.05.310    Disruption of school activities.

9.05.320    Domestic violence protection.

9.05.330    Dumping of trash in waterways.

9.05.340    False alarms – Crimes relating to.

9.05.350    False representations.

9.05.360    False swearing and tampering.

9.05.370    Fire alarms – Crimes relating to.

9.05.380    Firearms and dangerous weapons.

9.05.390    Shooting within the City limits.

9.05.400    Fraud.

9.05.410    Gambling offenses.

9.05.420    Harassment.

9.05.425    Indecent exposure.

9.05.430    Inhaling toxic fumes.

9.05.440    Juries – Crimes relating to.

9.05.450    Littering and pollution.

9.05.455    Making a false or misleading statement to a public servant.

9.05.457    Making or possessing motor vehicle theft tools.

9.05.460    Miscellaneous crimes.

9.05.470    Misconduct in signing a petition.

9.05.480    Noise.

9.05.490    Obstructing governmental operation.

9.05.500    Obstructing a law enforcement officer.

9.05.510    Parks.

9.05.520    Public disturbance.

9.05.530    Public nuisances.

9.05.540    Reckless burning and malicious mischief.

9.05.550    Roadside stands.

9.05.560    Sexual offenses – Unlawful acts of prostitution or pandering.

9.05.570    Special offenses relative to minors.

9.05.580    Telephone credit cards.

9.05.590    Tobacco use by minors.

9.05.600    Theft and possession of stolen property.

9.05.610    Throwing objects at moving vehicles.

9.05.620    Trademarks and other marks.

9.05.630    Trespass and prowling.

9.05.640    Unlawful use of air guns – Penalty.

9.05.650    Urinating in public.

9.05.660    Vehicles resembling police or fire vehicles.

9.05.670    Violating right of privacy.

9.05.680    Violation of court ordered probation.

9.05.690    Severability.

9.05.700    Copies to be available.

9.05.710    Certified copies to be furnished to court.

9.05.720    Initiative Measure No. 502 adopted.

9.05.010 Preliminary statement.

A. This chapter shall be known as, and may be cited as, the Maple Valley criminal code.

B. The provisions of this code shall apply to any offense committed on or after 12:01 a.m. on March 1, 1998.

C. The provisions of this code do not apply to, or govern the construction of and punishment for any offense committed prior to 12:01 a.m. on March 1, 1998, 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 the law existing in the City at the time of the commission thereof in the same manner as if this code had not been enacted.

D. The sections of the Revised Code of Washington (RCW) and the King County Code (KCC), now in effect and as subsequently amended, specifically enumerated in this chapter are adopted by reference into this code.

E. Section captions are for organizational purposes only and shall not be construed as part of this code. (Ord. O-98-54 § 1).

9.05.020 Purposes – Principles of construction.

A. The general purposes of the provisions governing the definition of offenses 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; and

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

B. The provisions of this code shall be construed according to the fair import of their terms, and when the language is susceptible to differing constructions, it shall be interpreted to further the general purposes stated in this code.

C. In adopting State statutes by reference, only those crimes and offenses under the jurisdiction of a municipality are intended to be adopted, and in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. (Ord. O-98-54 § 2).

9.05.030 City criminal jurisdiction.

Any person who commits any offense defined by this code, in whole or in part, within the corporate limits of the City is liable to arrest, prosecution and punishment. (Ord. O-98-54 § 3).

9.05.040 Classes of crimes.

Any offense defined by this code, for which a sentence of imprisonment is authorized, constitutes a violation of City ordinance and is a crime. Crimes are classified as gross misdemeanors or misdemeanors. (Ord. O-98-54 § 4).

9.05.050 Punishment and restitution.

A. Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of not more than one year, or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine.

B. Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than 90 days, or by a fine in an amount of not more than $1,000, or by both such imprisonment and fine.

C. 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 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.

D. The court may impose restitution as provided in RCW 9A.20.030.

E. In the event there is a conflict in the penalties which can be imposed upon conviction for a specific offense between the provisions of the Maple Valley Criminal Code and the Revised Code of Washington, the penalty provisions of the Revised Code of Washington shall apply. (Ord. O-98-54 § 5).

9.05.060 Limitation of action.

A. A gross misdemeanor, or a crime not otherwise classified, may not be prosecuted more than two years after its commission. A misdemeanor may not be prosecuted more than one year after its commission.

B. Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this State.

C. If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. (Ord. O-98-54 § 6).

9.05.070 Proof beyond a reasonable doubt.

A. Every person charged with an offense is presumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt.

B. When an offense has been proven against a person but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. (Ord. O-98-54 § 7).

9.05.080 General provisions – Adoption by reference.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.01.055    Citizen immunity if aiding officer, scope – When.

9.01.110    Omission, when not punishable.

9.01.130    Sending letter, when complete.

9A.04.050    People capable of committing crimes – Culpability 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 code.

9A.04.110    Definitions.

(Ord. O-98-54 § 8).

9.05.090 Principles of liability.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

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 or under a duty to act in their behalf.

(Ord. O-98-54 § 9).

9.05.100 Defenses.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.12.010    Insanity.

9A.16.010    Definitions.

9A.16.020    Use of force – When lawful.

9A.16.030    Homicide – When excusable.

9A.16.040    Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.

9A.16.050    Homicide – By other person – When justifiable.

9A.16.060    Duress.

9A.16.070    Entrapment.

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

9A.16.090    Intoxication.

9A.16.100    Use of force on children – Policy – Actions presumed unreasonable.

(Ord. O-98-54 § 10).

9.05.110 Anticipatory offenses.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.28.020    Criminal attempt.

9A.28.030    Criminal solicitation.

9A.28.040    Criminal conspiracy.

(Ord. O-98-54 § 11).

9.05.120 Abandoned refrigeration equipment.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.03.010    Abandoning, discarding refrigeration equipment.

9.03.020    Permitting unused equipment to remain on premises.

9.03.040    Keeping or storing equipment for sale.

(Ord. O-98-54 § 12).

9.05.130 Advertising – Crimes relating to.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.04.010    False advertising.

9.04.040    Advertising cures of lost sexual potency – Evidence.

9.04.090    Advertising fuel prices by service station.

(Ord. O-98-54 § 13).

9.05.140 Alcoholic beverage control.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

66.04.010    Definitions.

66.20.160    “Card of identification,” “licensee,” “store employee” defined for certain purposes.

66.20.170    Card of identification may be accepted as identification card and evidence of legal age.

66.20.180    Card of identification to be presented on request of licensee.

66.20.200    Unlawful acts relating to card of identification and certification card – Penalty.

66.28.090    Licensed premises or banquet permit premises open to inspection – Failure to allow, violation.

66.32    Search and seizure. (Entire chapter.)

66.44    Enforcement – Penalties. (Entire chapter.)

(Ord. O-98-54 § 14).

9.05.150 Alcoholic beverage control –Opening or consuming liquor or possessing open container of liquor in public place.

Except as provided by RCW Title 66 or MVMC 9.05.510 relating to parks, any person who possesses an open container of liquor in a public place is guilty of a misdemeanor and shall be fined not more than $100.00; provided, that this provision shall not apply to containers kept in the trunk of a vehicle or in an area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. (Ord. O-98-54 § 15).

9.05.160 Animals – Crimes relating to.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.08.020    Diseased animals.

9.08.030    Activities – False certificate of registration of animals – False representation as to breed.

9.08.070    Pet animals – Taking, concealing, injuring, killing, etc. – Penalty.

(Ord. O-98-54 § 16).

9.05.170 Animals – Injury to.

Any person who willfully and without authority in law kills, maims or disfigures an animal belonging to another, or exposes any poisons or noxious substance with intent that it should be taken by such animal, is guilty of a misdemeanor. (Ord. O-98-54 § 17).

9.05.180 Assault and other crimes relating to person.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.36.041    Assault in the fourth degree.

9A.36.050    Reckless endangerment in the second degree.

9A.36.070    Coercion.

(Ord. O-98-54 § 18).

9.05.190 Avoidance of intersection.

It shall be unlawful for any person operating a motor vehicle upon the streets or highways of the City to turn such vehicle either to the right or to the left upon approaching or leaving an intersection and to proceed across any private property for the purpose of avoiding the intersection or any traffic-control device controlling the intersection, unless so directed by proper authorities. Violation of this section is a traffic infraction for which the monetary penalty shall be no more than $71.00. (Ord. O-98-54 § 19).

9.05.195 Boating regulations.

The following provisions of the King County Code as presently constituted are adopted by reference:

KCC

12.44.320    Pipe Lake – Lake Lucerne restrictions.

12.44.570    Penalty.

12.44.730    Enforcement.

12.44.820    Lake Wilderness restrictions.

(Ord. O-98-63 § 1; Ord. O-98-54 § 19A).

9.05.200 Competitive bidding.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.18.120    Suppression of competitive bidding.

9.18.130    Collusion to prevent competitive bidding.

9.18.140    Penalty.

(Ord. O-98-54 § 20).

9.05.210 Controlled substances.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

69.50.101    Definitions.

69.50.102    Drug paraphernalia – Definitions.

69.50.204

    (d)(13)    Schedule I – Marijuana.

69.50.309    Containers.

69.50.4013    Possession of controlled substance – Penalty – Possession of useable marijuana, marijuana concentrates, or marijuana infused products – Delivery.

69.50.4014    Possession of forty grams of marihuana – Penalty.

69.50.408    Second or subsequent offenses.

69.50.412    Prohibited acts: E – Penalties.

69.50.420    Violations – Juvenile driving privileges.

69.50.425    Misdemeanor violations – Minimum imprisonment.

69.50.505    Seizure and forfeiture.

69.50.506    Burden of proof, liabilities.

69.50.509    Search and seizure of controlled substances.

(Ord. O-18-650 § 1; Ord. O-04-275 § 1; Ord. O-98-54 § 21).

9.05.211 Precursor drugs.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

69.43.010    Report to State board of pharmacy – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties.

69.43.110    Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Penalties.

69.43.120    Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions.

(Ord. O-04-266 § 1).

9.05.220 Controlled substances – Minors.

No owner, manager, proprietor or other person in charge of any room in any place of business where any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is sold, or displayed for the purpose of sale, may allow or permit any person under the age of 18 years to be in, remain in, enter or visit such room unless such minor person is accompanied by a parent or legal guardian. (Ord. O-98-54 § 22).

9.05.230 Controlled substances – Minors excluded.

No person under the age of 18 years may be in, remain in, enter or visit any room in any place used for the sale or displaying for sale of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless such person is accompanied by a parent or legal guardian. (Ord. O-98-54 § 23).

9.05.240 Controlled substances – Sale and display rooms.

No person may maintain, in any place of business to which the public is invited, the display for sale or the offering to sell of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be posted with a sign in reasonably visible and legible words to the effect that items which are defined as drug paraphernalia under this chapter are being offered for sale in such a room and that minors, unless accompanied by a parent or legal guardian, are excluded. (Ord. O-98-54 § 24).

9.05.250 Controlled substances – Sale restriction.

No person shall sell or give, or permit to be sold or given to any person under the age of 18 years, any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs. (Ord. O-98-54 § 25).

9.05.260 Controlled substances – Nuisance.

The distribution or possession for the purpose of sale, exhibition or display, in any place of business from which minors are not excluded as set forth in this code, of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is declared to be a public nuisance and may be abated by the City. This remedy shall be in addition to any other remedy provided by the law including the penalty provision applicable for the violation of the terms and provisions of this code. (Ord. O-98-54 § 26).

9.05.270 Controlled substances – Violation – Penalty.

Any person convicted of violating MVMC 9.05.230, 9.05.240, 9.05.250, or 9.05.260 shall be guilty of a misdemeanor. (Ord. O-98-54 § 27).

9.05.275 Drug-free zones – Enhanced penalty.

A. Pursuant to the authority of RCW 69.50.435, the City of Maple Valley’s Public Works Facility, Lake Wilderness Lodge and the Greater Maple Valley Community Center – The Den and the area extending 1,000 feet from the perimeter of these civic centers are designated as drug-free zones. Said drug-free zones are depicted on the map attached to the ordinance codified in this section as Exhibit A. A copy of Exhibit A shall be maintained in the offices of the Maple Valley City Clerk.

B. Definitions. The definitions of terms contained in RCW 69.50.435(6), as presently constituted or hereinafter amended, are adopted by reference. (Ord. O-13-538 §§ 1, 2).

9.05.280 Corporations – Crimes relating to.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.24.010    Fraud in stock subscription.

(Ord. O-98-54 § 28).

9.05.290 Custodial interference.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.40.010    Definitions.

9A.40.070    Custodial interference in the second degree.

9A.40.080    Custodial interference – Assessment of costs – Defense – Consent defense, restricted.

(Ord. O-98-54 § 29).

9.05.300 Disorderly conduct.

Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:

A. Uses abusive language and thereby intentionally creates a risk of assault;

B. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;

C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority;

D. Intentionally and without lawful authority makes noise which unreasonably disturbs another;

E. Intentionally engages in any conduct which tends to or does disturb the public peace, provide disorder, or endanger the safety of others;

F. Fights by agreement, except as part of an organized athletic event. (Ord. O-98-54 § 30).

9.05.310 Disruption of school activities.

A. Any person who enters or remains in any school building, classroom or upon any school ground, or street sidewalk or public way adjacent thereto, and intentionally causes disruption of the activities of the school is guilty of a gross misdemeanor.

B. As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. (Ord. O-98-54 § 31).

9.05.320 Domestic violence protection.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.36.150    Interfering with the reporting of domestic violence.

10.99.020    Definitions.

10.99.030    Law enforcement officers – Training, powers, duties – Domestic violence reports.

10.99.040    Restrictions upon and duties of court.

10.99.045    Appearances by defendant – No-contact order.

10.99.050    Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures.

10.99.055    Enforcement of orders.

26.09.300    Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.

26.50.010    Definitions.

26.50.020    Commencement of action – Jurisdiction – Venue.

26.50.025    Orders under this chapter and chapter 26.09, 26.10, or 26.26 RCW – Enforcement – Consolidation.

26.50.030    Petition for an order for protection – Availability of forms and informational brochures – Bond not required.

26.50.040    Fees not permitted – Filing, service of process, certified copies.

26.50.050    Hearing – Service – Time.

26.50.060    Relief – Duration – Realignment of designation of parties – Award of costs, service fees, and attorneys’ fees.

26.50.070    Ex parte temporary order for protection.

26.50.080    Issuance of order – Assistance of peace officer – Designation of appropriate law enforcement agency.

26.50.090    Order – Service – Fees.

26.50.100    Order – Transmittal to law enforcement agency – Record in law enforcement information system – Enforceability.

26.50.110    Violation of order – Penalties.

26.50.115    Enforcement of ex parte order – Knowledge of order prerequisite to penalties – Reasonable efforts to serve copy of order.

26.50.120    Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Cost and attorney’s fees.

26.50.130    Order – Modification – Transmittal.

26.50.140    Peace officers – Immunity.

26.50.160    Judicial information system – Data base.

26.50.200    Title to real estate – Effect.

26.50.210    Proceedings additional.

26.50.900    Short title.

(Ord. O-98-54 § 32).

9.05.330 Dumping of trash in waterways.

The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

12.36.010    Dumping trash in waterways prohibited.

(Ord. O-98-54 § 33).

9.05.340 False alarms – Crimes relating to.

The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

12.32    Crimes relating to false alarms. (Entire chapter.)

(Ord. O-98-54 § 34).

9.05.350 False representations.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.38.010    False representation concerning credit.

9.38.020    False representation concerning title.

(Ord. O-98-54 § 35).

9.05.360 False swearing and tampering.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.72.010    Definitions.

9A.72.040    False swearing.

9A.72.050    Perjury and false swearing – Inconsistent statements – Degree of crime.

9A.72.060    Perjury and false swearing – Retraction.

9A.72.070    Perjury and false swearing – Irregularities no defense.

9A.72.080    Statement of what one does not know to be true.

9A.72.140    Jury tampering.

9A.72.150    Tampering with physical evidence.

(Ord. O-98-54 § 36).

9.05.370 Fire alarms – Crimes relating to.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.40.040    Operating engine or boiler without spark arrester.

9.40.100    Tampering with fire alarm or fire fighting equipment – False alarm – Penalties.

(Ord. O-98-54 § 37).

9.05.380 Firearms and dangerous weapons.

A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.41.010    Terms defined.

9.41.050    Carrying firearms.

9.41.060    Exceptions to restrictions on carrying firearms.

9.41.070    Concealed pistol license – Application – Fee – Renewal.

9.41.075    Concealed pistol license – Revocation.

9.41.080    Delivery to ineligible persons.

9.41.090    Dealer deliveries regulated – Hold on.

9.41.0975    Officials and agencies – Immunity, writ of mandamus.

9.41.098    Forfeiture of firearms – Disposition – Confiscation.

9.41.100    Dealer licensing and registration required.

9.41.110    Dealer’s licenses, by whom granted, conditions, fees – Employees, fingerprinting and background checks – Wholesale sales excepted – Permits prohibited.

9.41.120    Firearms as loan security.

9.41.140    Alteration of identifying marks – Exceptions.

9.41.170    Alien’s license to carry firearms – Exceptions.

9.41.230    Aiming or discharging firearms, dangerous weapons.

9.41.240    Possession of pistol by person from eighteen to twenty-one.

9.41.250    Dangerous weapons – Penalty.

9.41.260    Dangerous exhibitions.

9.41.270    Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions.

9.41.280    Possessing dangerous weapons on school facilities – Penalty – Exceptions.

9.41.300    Weapons rented prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.

9.41.810    Penalty.

B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

12.48.010    Definitions.

12.48.020    Sale and registration.

12.48.030    Delivery following sheriff’s report.

12.48.040    Purchase unlawful for certain persons.

12.48.050    Violations.

(Ord. O-98-54 § 38).

9.05.390 Shooting within the City limits.

Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor; provided, however, that the provisions of this section do not apply to a person acting in self defense, engaged in military activities sponsored by the federal or State governments, while engaged in official duties, law enforcement personnel, security personnel while engaged in official duties, or a person utilizing a properly licensed institutional, membership, and/or commercial shooting range. (Ord. O-98-54 § 39).

9.05.400 Fraud.

A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.26A.110    Fraud in obtaining telecommunications service – Penalty.

9.45.060    Encumbered, leased, or rented personal property – Construction.

9.45.070    Mock auctions.

9.45.080    Fraudulent removal of property.

9.45.090    Knowingly receiving fraudulent conveyance.

9.45.100    Fraud in assignment for benefit of creditors.

9A.56.096    Theft of rental, leased, or lease-purchased property.

9A.60.010    Definitions.

9A.60.040    Criminal impersonation in the first degree.

9A.60.045    Criminal impersonation in the second degree.

9A.60.050    False certification.

9A.61.010    Definitions.

9A.61.020    Defrauding a public utility.

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

9A.61.060    Restitution and costs.

B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

12.08.010    Impersonating members of public safety department.

12.08.020    Selling or disposing of police badges prohibited.

12.08.030    Possessing badge with intent to impersonate officer.

12.08.040    Intent to impersonate presumed.

12.08.050    Penalty for violation.

(Ord. O-04-275 § 2; Ord. O-00-121 § 1; Ord. O-98-54 § 40).

9.05.410 Gambling offenses.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.46.190    Violations relating to fraud or deceit.

9.46.193    Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts.

9.46.195    Obstruction of public servant – Penalty.

9.46.196    Cheating.

9.46.198    Working in gambling activity without license as violation – Penalty.

9.46.210    Enforcement – Commission as law enforcement agency.

9.46.215    Ownership or interest in gambling device – Penalty – Exceptions.

9.46.217    Gambling records – Penalty – Exceptions.

9.46.222    Professional gambling in the third degree.

9.46.231    Gambling devices, real and personal property – Seizure and forfeiture.

9.46.235    Slot machines, antique – Defenses concerning – Presumption created.

9.46.240    Gambling information, transmitting or receiving.

9.46.250    Gambling property or premises – Common nuisances, abatement – Termination of interests, licenses – Enforcement.

9.46.260    Proof of possession as evidence of knowledge of its character.

(Ord. O-98-54 § 41).

9.05.420 Harassment.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

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.

9.61.260    Cyberstalking.

9A.46.010    Legislative finding.

9A.46.020    Definition – Penalties.

9A.46.030    Place where committed.

9A.46.040    Court-ordered requirements upon person charged with crime – 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.

(Ord. O-12-487 § 1; Ord. O-98-54 § 42).

9.05.425 Indecent exposure.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.88.010    Indecent exposure.

(Ord. O-18-649 § 1).

9.05.430 Inhaling toxic fumes.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.47A.010    Definition.

9.47A.020    Unlawful inhalation – Exception.

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

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

9.47A.050    Penalty.

(Ord. O-98-54 § 43).

9.05.440 Juries – Crimes relating to.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.51.010    Misconduct of officer drawing jury.

9.51.020    Soliciting jury duty.

9.51.030    Misconduct of officer in charge of jury.

(Ord. O-98-54 § 44).

9.05.450 Littering and pollution.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

70.54.010    Polluting water supply.

70.93.060    Littering prohibited – Penalties.

70.160.020 –

70.160.070    Smoking prohibited.

(Ord. O-98-54 § 45).

9.05.455 Making a false or misleading statement to a public servant.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

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

(Ord. O-19-658 § 1).

9.05.457 Making or possessing motor vehicle theft tools.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.56.063    Making or possessing motor vehicle theft tools.

(Ord. O-19-662 § 1).

9.05.460 Miscellaneous crimes.

A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.91.010    Denial of civil rights – Terms defined.

9.91.025    Unlawful bus conduct.

9.91.060    Leaving children unattended in parked automobile.

9.91.090    Fraudulent destruction of insured property.

9.91.110    Metal buyers – Records of purchases – Penalty.

9.91.130    Disposal of trash in charity donation receptacle.

B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

28.96.010    Civil infractions – Misdemeanors.

28.96.020    General (public communication).

28.96.030    Transit vehicles and tunnel platform areas.

28.96.410    General (enforcement).

28.96.420    Immediate expulsion.

28.96.430    Suspension of use privileges.

28.96.440    Infractions – Penalty.

28.96.450    Misdemeanors – Penalty.

(Ord. O-98-54 § 47).

9.05.470 Misconduct in signing a petition.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.44.080    Misconduct in signing a petition.

(Ord. O-98-54 § 48).

9.05.480 Noise.

A. General Prohibition. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.

B. Illustrative Enumeration. The following sounds are public disturbance noises in violations of this section:

1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law.

2. The creation of frequent, repetitive, or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

3. Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

4. The creation of frequent, repetitive or continuous sounds which may emanate from any building, structure, automobile, apartment or condominium, which unreasonably disturbs or interferes with the peace and comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings, from 10:00 p.m. until 7:00 a.m. on weekdays, and from 10:00 p.m. until 8:00 a.m. on weekends.

5. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.

6. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator.

7. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, and between the hours of 5:00 p.m. and 9:00 a.m. on Saturdays. Sound originating from construction sites is prohibited on Sundays and holidays.

8. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to sounds from lawnmowers, powered hand tools, snow removal equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and between the hours of 10:00 p.m. and 8:00 a.m. on weekends; provided, however, that this subsection shall not apply to lawnmowers operating on public or private golf courses within the City limits.

9. Any domesticated animal which howls, yelps, whines, barks, or makes other noises, in such manner as to disturb any person or neighborhood to an unreasonable degree.

C. Exclusion. This section shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts between the hours of 9:00 a.m. and 10:30 p.m.

D. The use of engine compression brakes, or “jake braking,” is prohibited within the City limits of Maple Valley, except when necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. For purposes of this subsection, “compression brakes” and “jake braking” shall mean motor vehicle brakes which are activated or worked by the compression of the engine of a motor vehicle.

E. Penalty. Any person who violates any provision of subsections (A) through (D) of this section shall be subject to a civil fine not to exceed $71.00 for a first offense. Any person who violates any provision of this section for a second time within a one-year period shall be subject to a civil fine not to exceed $250.00. For third and subsequent offenses within a one-year period, the person shall be guilty of a misdemeanor.

F. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

12.86    Declaration of policy and finding of special conditions. (Entire chapter.)

12.87    Definitions. (Entire chapter.)

12.88    Environmental sound levels. (Entire chapter.)

12.90    Motor vehicle sound levels. (Entire chapter.)

12.91    Watercraft sound levels. (Entire chapter.)

12.92    Public nuisance and disturbance noises. (Entire chapter.)

12.94    Exemptions. (Entire chapter.)

12.96    Variances. (Entire chapter.)

12.98    Administration and noise measurement. (Entire chapter.)

12.99    Enforcement and appeals. (Entire chapter.)

(Ord. O-18-647 § 1; Ord. O-00-119 § 1; Ord. O-98-55 § 1; Ord. O-98-54 § 49).

9.05.490 Obstructing governmental operation.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.31.090    Escaped prisoner recaptured.

9.62.010    Malicious prosecution.

9.62.020    Instituting suit in name of another.

9A.76.010    Definitions.

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

9A.76.040    Resisting arrest.

9A.76.050    Rendering criminal assistance – Definition of terms.

9A.76.060    Relative defined.

9A.76.070    Rendering criminal assistance in the first degree.

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.

(Ord. O-98-54 § 50).

9.05.500 Obstructing a law enforcement officer.

A. A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.

B. “Law enforcement officer” means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.

C. Obstructing a law enforcement officer is a gross misdemeanor. (Ord. O-11-457 § 1; Ord. O-98-54 § 51).

9.05.510 Parks.

A. Definitions.

1. “Department” means the City of Maple Valley Parks and Recreation Department.

2. Loitering – Unlawful – Determination. It is unlawful for any person to loiter or prowl in a place, at a time, or in a manner, and under circumstances that manifest an unlawful purpose or warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such unlawful purpose is manifested or such alarm is warranted include, but are not limited to, the following: flight by the person upon appearance of a law enforcement officer; refusal by the person to respond to law enforcement’s request for identification; or the person manifestly endeavoring to hide the person’s self or to conceal any object.

B. Loitering. Loitering is prohibited in restrooms in park and recreation facilities.

C. Damage to Property/Wildlife.

1. It is unlawful for any person except a duly authorized Department employee in the performance of the employee’s duties, or other person duly authorized pursuant to law, to remove, destroy, mutilate or damage any structure, lawn, monument, statue, vase, fountain, wall, fence railing, vehicle, bench, shrub, tree, geological formation, plant, flower lighting system, sprinkling system, gate, barricade or lock or other property lawfully in any park, or to remove sand, soil, or sod in any park. No person shall cut down, destroy, or in any way injure any vegetation, living or dead, in any park area unless authorized to do so by the Department. No person shall deface, damage or destroy any property, material or equipment which is under the jurisdiction of the Department.

2. Except for fishing and shellfishing in authorized areas, and subject to rules promulgated by the Washington Fish and Wildlife Commission, it is unlawful in any park in any manner to attempt to capture, tease, annoy, disturb, or strike any animal, with any stick, weapon or other device or throw or otherwise propel any missile or other object at or in the vicinity of any such animal.

D. Waste from Vehicles. No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles in any park area.

E. Intoxication. Being or remaining in or loitering about in a City park while in a state of intoxication is prohibited.

F. Interference with Trails. It shall be unlawful for any person to place, deposit, or otherwise cause or suffer to be located any structure, device, or natural or artificial thing that threatens or endangers any portion of a trail owned or maintained by the City of Maple Valley, or that tends to endanger persons traveling thereon, obstructs or tends to obstruct or constitutes a hazard to persons traveling thereon. This section shall not apply to employees of the City of Maple Valley in the performance of their duties or to persons acting pursuant to written direction of the City of Maple Valley.

G. Penalty. Any person found guilty of violating any provision of this section is guilty of a misdemeanor and is punishable, upon conviction, by a fine of $1,000 or by confinement in the City jail for a period not exceeding 90 days, or both.

H. Enforcement Methods. The City of Maple Valley Police Department shall enforce the provisions of this section. The initial method of enforcement shall be by a request for voluntary compliance.

I. Trespass. Any person who is found guilty of committing a crime on City park property may be trespassed from the City park at which the crime was committed. The crimes to which this provision applies are found in this title. (Ord. O-19-665 § 1; Ord. O-98-54 § 52).

9.05.520 Public disturbance.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.27.015    Interference, obstruction of any court, building or residence –Violations.

9A.84.010    Riot.

9A.84.020    Failure to disperse.

9A.84.040    False reporting.

(Ord. O-98-54 § 53).

9.05.530 Public nuisances.

The following provisions of the Revised Code of Washington as presently constituted or hereafter amended are adopted by reference:

RCW

9.66.010    Public nuisance.

9.66.020    Unequal damage.

9.66.030    Maintaining or permitting nuisance.

9.66.040    Abatement of nuisance.

9.66.050    Deposit of unwholesome substance.

(Ord. O-98-54 § 54).

9.05.540 Reckless burning and malicious mischief.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.48.010    Definitions.

9A.48.050    Reckless burning in the second degree.

9A.48.060    Reckless burning – Defense.

9A.48.090    Malicious mischief in the third degree.

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

9A.56.180    Obscuring identity of a machine.

(Ord. O-98-54 § 55).

9.05.550 Roadside stands.

The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

12.28.010    Unlawful to erect certain structures along roads.

12.28.020    Required distance from right-of-way.

12.28.030    Nuisance declared – Authority of engineer.

12.28.040    Violation – Misdemeanor.

(Ord. O-98-54 § 56).

9.05.560 Sexual offenses – Unlawful acts of prostitution or pandering.

A. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

12.63.010    Unlawful acts.

12.63.020    Known prostitute, panderer defined.

12.63.030    Definitions.

12.63.070    Public nuisance.

12.63.080    Evidence.

12.63.090    Additional evidence.

B. Any single conviction under this section within any period of 12 months shall be a misdemeanor. Any second or subsequent conviction under this section within any period of 12 months from a first or prior conviction of the same or similar offense shall be a gross misdemeanor.

C. The court may suspend all or a portion of the term of imprisonment or fine on condition that the convicted person never enter into, or be present in, any anti-prostitution emphasis area during the term of any such suspension or deferral. The court may further require AIDS testing and counseling, as a condition of suspension or deferral pursuant to RCW 70.24.350, at the defendant’s expense; provided, that King County, as agent for the City pursuant to interlocal agreement, may require such testing and counseling as provided in RCW 70.24.360 upon imprisonment in jail of any such convicted person. (Ord. O-98-54 § 57).

9.05.570 Special offenses relative to minors.

A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.68A.011    Definition.

9.68A.080    Processors of depictions of minors engaged in sexually explicit conduct – Report required.

9.68A.090    Communication with minor for immoral purposes.

9.68A.120    Seizure and forfeiture of property.

9.68A.140    Definitions.

9.68A.150    Allowing minor on premises of live erotic performance.    

9.68A.160    Penalty.

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

B.  The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

12.78.030    Written consent required to supply air gun and slingshot to minor.

12.78.040    Written consent to be kept as evidence.

12.78.050    Violation – Misdemeanor.

12.81.010    Responsibility of persons in charge of sale or display rooms containing paraphernalia evincing intent to violate Chapter 69.50 RCW.

12.81.020    Minors prohibited unless with guardian in places selling or displaying for sale certain paraphernalia.

12.81.030    Sale and display room requirements.

12.81.040    Violation – Penalty.

12.84.010    Definitions.

12.84.020    Dissemination of indecent materials to minors unlawful.

12.84.030    Dissemination of indecent materials to minors defined.

12.84.040    Presumptions.

12.84.050    Defenses.

12.84.070    Violation a misdemeanor.

(Ord. O-98-54 § 58).

9.05.580 Telephone credit cards.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.26A.090    Telephone company credit cards – Prohibited acts.

9.26A.100    Definitions.

9.26A.110    Fraud in obtaining telecommunications service – Penalty.

9.26A.120    Fraud in operating coin-box telephone or other receptacle.

9.26A.130    Penalty for manufacture or sale of slugs to be used for coin.

(Ord. O-98-54 § 59).

9.05.590 Tobacco use by minors.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

26.28.080    Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty.

70.155.080    Purchasing or obtaining tobacco by persons under the age of eighteen – Civil infraction.

(Ord. O-98-54 § 60).

9.05.600 Theft and possession of stolen property.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

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 or drafts.

9A.56.100    Theft and larceny equated.

9A.56.140    Possessing stolen property – Definition – 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.56.230    Unlawful sale 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.

(Ord. O-98-54 § 61).

9.05.610 Throwing objects at moving vehicles.

Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing, or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor. (Ord. O-98-54 § 62).

9.05.620 Trademarks and other marks.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.16.030    Counterfeiting trademark, brand, etc.

9.16.040    Displaying goods with false trademark.

9.16.050    When deemed affixed.

9.16.060    Fraudulent registration of trademark.

9.16.070    Form and similitude defined.

9.16.080    Sales of petroleum products improperly labeled or by wrong grade.

9.16.090    Sales of petroleum products improperly labeled or by wrong grade – Penalty for violations.

9.16.100    Use of the words “sterling silver,” etc.

9.16.110    Use of the words “coin silver,” etc.

9.16.120    Use of the word “sterling” on mounting.

9.16.130    Use of the words “coin silver” on mounting.

9.16.140    Unlawfully marking article made of gold.

9.16.150    “Marked, stamped or branded,” defined.

(Ord. O-98-54 § 63).

9.05.630 Trespass and prowling.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.52.010    Definitions.

9A.52.060    Making or having burglar 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 prowling in the second degree.

9A.52.120    Computer trespass in the second degree.

9A.52.130    Computer trespass – Commission of other crime.

(Ord. O-98-54 § 64).

9.05.640 Unlawful use of air guns – Penalty.

A. Any person who points or shoots an air gun at any person or at the property of another, or who aims or discharges such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another, is guilty of a misdemeanor and, in addition to any other punishment imposed, the court shall order the weapon to be confiscated and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons.

B. “Air gun” shall mean any air gun, air pistol, air rifle, BB gun and toy or other guns designed or modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substances, a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals. (Ord. O-98-54 § 65).

9.05.650 Urinating in public.

Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. (Ord. O-98-54 § 66).

9.05.660 Vehicles resembling police or fire vehicles.

Any person who operates a motor vehicle painted and exhibiting decals, numbers, name, or insignia which simulate a City or County Police or Fire Department vehicle, or City vehicle, without prior authorization from the Police Chief, Fire Chief, City Manager, or their designees is guilty of a misdemeanor. (Ord. O-98-54 § 67).

9.05.670 Violating right of privacy.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.73.010    Divulging telegram.

9.73.020    Opening sealed letter.

9.73.030    Intercepting, recording or divulging private communication – Consent required – Exceptions.

9.73.070    Persons and activities excepted from chapter.

9.73.090    Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility.

9.73.100    Recordings available to defense counsel.

(Ord. O-98-54 § 68).

9.05.680 Violation of court ordered probation.

The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:

KCC

12.150.010    Definitions.

12.150.020    Arrest without warrant.

(Ord. O-98-54 § 69).

9.05.690 Severability.

Should any section, paragraph, sentence, clause or phrase of this chapter or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, or should any portion of this chapter be pre-empted by State or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. O-98-54 § 70).

9.05.700 Copies to be available.

A copy of each portion of the Revised Code of Washington and the King County Code adopted by reference shall be authenticated and recorded by the City Clerk and not less than one copy thereof shall be available in the office of the City Clerk for use and examination by the public. (Ord. O-98-54 § 71).

9.05.710 Certified copies to be furnished to court.

The City Clerk is directed to provide at City expense to the Court Administrators of the Enumclaw Municipal Court adequate numbers of certified copies of the ordinance codified in this chapter to permit enforcement of this chapter. (Ord. O-98-54 § 72).

9.05.720 Initiative Measure No. 502 adopted.

Initiative Measure No. 502, Session Law Number 13C3S21, is adopted and incorporated in full into this chapter. (Ord. O-12-527).