Chapter 9.04
CRIMINAL CODE

Sections:

Article I. Mill Creek Criminal Code

9.04.005  Title.

Article II. Adoption of General Criminal Codes by Reference

9.04.010  Preliminary article.

9.04.015  Rules of interpretation.

9.04.020  Adoption of sections of Revised Code of Washington not specifically set forth in MCMC 9.04.030 through 9.04.170.

9.04.030  Chapter 2.48 RCW, entitled "State Bar Act" – Adoption by reference.

9.04.040  Chapter 7.21 RCW, entitled "Contempt of Court" – Adoption by reference.

9.04.050  Chapter 7.80 RCW, entitled "Civil Infractions" – Adoption by reference.

9.04.060  RCW Title 9, entitled "Crimes and Punishments" – Adoption by reference.

9.04.070  RCW Title 9A, entitled "Washington Criminal Code" – Adoption by reference.

9.04.080  RCW Title 10, entitled "Criminal Procedure" – Adoption by reference.

9.04.090  Chapter 13.32A RCW, entitled "Family Reconciliation Act" – Adoption by reference.

9.04.100  Chapter 19.48 RCW, entitled "Hotels, Lodging Houses, etc. – Restaurants" – Adoption by reference.

9.04.110  RCW Title 26, entitled "Domestic Relations" – Adoption by reference.

9.04.120  Chapter 28A.635 RCW, entitled "Offenses Relating to School Property and Personnel" – Adoption by reference.

9.04.130  Chapter 38.52 RCW, entitled "Emergency Management" – Adoption by reference.

9.04.140  RCW Title 66, entitled "Alcoholic Beverage Control" – Adoption by reference.

9.04.150  RCW Title 69, entitled "Food, Drugs, Cosmetics, and Poisons" – Adoption by reference.

9.04.160  RCW Title 70, entitled "Public Health and Safety" – Adoption by reference.

9.04.170  Chapter 74.34 RCW, entitled "Abuse of Vulnerable Adults" – Adoption by reference.

Article III. Offenses Against Government Authority

9.04.180  Obstructing public officers.

9.04.190  Disruption of government offices.

9.04.200  Public events – Criminal activity.

9.04.210  Public facility – Criminal activity – Prohibition of entry.

9.04.220  Escape.

9.04.230  Offenses against police dogs.

9.04.240  Probation violations.

9.04.250  Failure to abide by court order.

Article IV. Offenses Against Persons

9.04.260  Neglect of a child or dependent person.

9.04.270  Provoking assault.

9.04.280  Disorderly conduct.

9.04.290  Placing a person in fear or apprehension by threat.

9.04.300  Violation of order also contempt.

Article V. Offenses Against Property

9.04.310  Damage, theft, abandonment, or improper use of an electronic home detention or monitoring device.

9.04.320  Making or having vehicle prowl or vehicle theft tools.

9.04.330  Interference with property.

9.03.340  Vehicle trespass.

Article VI. Offenses Against Public Morals

9.04.350  Prostitution loitering.

9.04.360  Urinating in public.

Article VII. Miscellaneous Offenses

9.04.370  Possession of drug paraphernalia.

9.04.380  Sale, manufacture, possession of certain weapons.

9.04.390  Nonincendiary devices.

Article VIII. False Alarms

9.04.400  Purpose.

9.04.410  Definitions.

9.04.420  Emergency response card – Violation – Abatement.

9.04.430  Unlawful activation or report of alarm.

9.04.440  False alarms – Fees assessed.

9.04.450  Administrative decision – Notice.

9.04.460  Appeal from administrative decision – Finality.

9.04.470  Penalty.

Article IX. Costs and Penalties

9.04.480  Costs of prosecution.

9.04.490  Violations – Penalty.

Article I. Mill Creek Criminal Code

9.04.005 Title.

This chapter shall be known and may be cited as the "Mill Creek Criminal Code." (Ord. 2005-616 § 1)

Article II. Adoption of General Criminal Codes by Reference

9.04.010 Preliminary article.

A. As used in this chapter "RCW" shall mean the Revised Code of Washington.

B. If any section, subsection, sentence, or provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the section, subsection, sentence or provision to other persons or circumstances is not affected, and to this end, the sections, subsections, sentences, and provisions of this chapter are declared to be severable.

C. By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word "state" shall appear in any statute adopted by reference in this chapter, the word "city" shall be substituted therefor; provided, however, the term "city" shall not be substituted for the term "state" in those circumstances which set forth administrative or licensing duties of the state and its subdivisions.

D. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter.

E. Any section of this chapter that is repealed or amended by ordinance shall remain in full force and effect until the effective date of the ordinance repealing or amending the section. Any state statute that is adopted by reference which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted in this chapter shall be given its full force and effect upon the effective date of the legislative act that amends or recodifies the state statute.

F. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this chapter, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number. (Ord. 2005-616 § 1)

9.04.015 Rules of interpretation.

A. For the purposes of this chapter, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this chapter.

B. Words used in the present tense include the future.

C. The plural includes the singular and vice versa.

D. The words "will" and "shall" are mandatory.

E. The word "may" indicates that discretion is allowed.

F. The word "used" includes designed, intended, or arranged to be used.

G. The masculine gender includes the feminine and vice versa. (Ord. 2005-616 § 1)

9.04.020 Adoption of sections of Revised Code of Washington not specifically set forth in MCMC 9.04.030 through 9.04.170.

A. With the exception of the RCW sections set forth in subsection C of this section, and notwithstanding the RCW sections that are specifically adopted by reference in MCMC 9.04.030 through 9.04.170, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted or as hereafter amended or recodified from time to time, and shall be given the same force and effect as if set forth herein in full.

B. All class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the provisions of subsection A of this section and MCMC 9.04.010.

C. The following RCW sections are not adopted:

RCW

9A.76.020 Obstructing a law enforcement officer.

9A.76.130 Escape in the third degree.

9A.84.030 Disorderly conduct.

(Ord. 2005-616 § 1)

9.04.030 Chapter 2.48 RCW, entitled "State Bar Act" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

2.48.180 Definitions – Unlawful practice a crime – Cause for discipline – Unprofessional conduct – Defense – Injunction – Remedies – Costs – Attorneys’ fees – Time limit for action.

(Ord. 2005-616 § 1)

9.04.040 Chapter 7.21 RCW, entitled "Contempt of Court" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

7.21.010 Definitions.

7.21.020 Sanctions – Who may impose.

7.21.030 Remedial sanctions – Payment for losses.

7.21.040 Punitive sanctions – Fines.

7.21.050 Sanctions – Summary imposition – Procedure.

7.21.070 Appellate review.

(Ord. 2005-616 § 1)

9.04.050 Chapter 7.80 RCW, entitled "Civil Infractions" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

7.80.120 Monetary penalties – Restitution.

(Ord. 2005-616 § 1)

9.04.060 RCW Title 9, entitled "Crimes and Punishments" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

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.

9.02.050 Concealing birth.

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.

9.04.010 False advertising.

9.04.090 Advertising fuel prices by service stations.

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

9.12.010 Barratry.

9.12.020 Buying, demanding, or promising reward by district judge or deputy.

9.16.005 Definitions.

9.16.010 Removing lawful brands.

9.16.020 Imitating lawful brand.

9.16.030 Counterfeit mark – Intellectual property.

9.16.035 Counterfeiting – Penalties.

9.16.041 Counterfeit items – Seizure and forfeiture.

9.16.050 When deemed affixed.

9.16.060 Fraudulent registration of trademark.

9.16.070 Form and similitude defined.

9.16.080 Petroleum products improperly labeled or graded – Penalty.

9.16.090 Petroleum products – Penalty.

9.16.100 Use of the words "sterling silver," etc.

9.16.110 Use of 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.

9.18.080 Offender a competent witness.

9.18.120 Suppression of competitive bidding.

9.18.130 Collusion to prevent competitive bidding – Penalty.

9.18.140 Penalty.

9.18.150 Agreements outside state.

9.24.010 Fraud in stock subscription.

9.24.040 Corporation doing business without license.

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.

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

9.35.030 Soliciting undesired mail.

9.38.010 False representation concerning credit.

9.38.015 False statement by deposit account applicant.

9.38.020 False representation concerning title.

9.40.040 Operating engine or boiler without spark arrester.

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

9.41.010 Terms defined.

9.41.040 Unlawful possession of firearms – Ownership, possession by certain persons – Penalties.

9.41.050 Carrying firearms.

9.41.060 Exceptions to restrictions on carrying firearms.

9.41.090 Dealer deliveries regulated – Hold on delivery.

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.

9.41.140 Alteration of identifying marks – Exceptions.

9.41.220 Unlawful firearms and parts contraband.

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

9.41.800 Surrender of weapons or licenses – Prohibition on future possession or licensing.

9.41.810 Penalty.

9.44.080 Misconduct in signing a petition.

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.

9.46.196 Cheating – Defined.

9.46.1962 Cheating in the second degree.

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.

9.51.010 Misconduct of officer drawing jury.

9.51.020 Soliciting jury duty.

9.51.030 Misconduct of officer in charge of jury.

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.

9.62.010 Malicious prosecution.

9.62.020 Instituting suit in name of another.

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.

9.68.015 Obscene literature, shows, etc. – Exemptions.

9.68.030 Indecent articles, etc.

9.68.050 "Erotic material" – Definitions.

9.68.060 "Erotic material" – Determination by court – Labeling – Penalties.

9.68.070 Prosecution for violation of RCW 9.68.060 – Defense.

9.68.080 Unlawful acts.

9.68.100 Exceptions to RCW 9.68.050 through 9.68.120.

9.68.110 Motion picture operator or projectionist exempt, when.

9.68.130 "Sexually explicit material" – Defined – Unlawful display.

9.68A.011 Definitions.

9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct – Civil immunities.

9.68A.090 Communication with minor for immoral purposes – Penalties.

9.68A.110 Certain defenses barred, permitted.

9.68A.120 Seizure and forfeiture of property.

9.68A.140 Definitions.

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

9.68A.160 Penalty.

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

9.72.090 Committal of witness – Detention of documents.

9.73.010 Divulging telegram.

9.73.020 Opening sealed letter.

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

9.73.050 Admissibility of intercepted communication in evidence.

9.73.070 Persons and activities excepted from chapter.

9.73.080 Penalties.

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

9.73.100 Recordings available to defense counsel.

9.73.110 Intercepting, recording, or disclosing private communications – Not unlawful for building owner – Conditions.

9.91.010 Denial of civil rights – Terms defined.

9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated.

9.91.025 Unlawful bus conduct.

9.91.060 Leaving children unattended in a parked automobile.

9.91.140 Food stamps – Unlawful sale.

9.91.142 Food stamps – Trafficking.

9.91.160 Personal protection spray devices.

9.91.170 Interfering with dog guide or service animal.

(Ord. 2005-616 § 1)

9.04.070 RCW Title 9A, entitled "Washington Criminal Code" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

9A.04.020 Purposes – Principles of construction.

9A.04.030 State criminal jurisdiction.

9A.04.050 People capable of committing crimes – Capability of children.

9A.04.060 Common law to supplement statute.

9A.04.070 Who amenable to criminal statutes.

9A.04.080 Limitation of actions.

9A.04.090 Application of general provisions of the code.

9A.04.100 Proof beyond a reasonable doubt.

9A.04.110 Definitions.

9A.08.010 General requirements of culpability.

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

9A.08.030 Corporate and personal liability.

9A.12.010 Insanity.

9A.16.010 Definitions.

9A.16.020 Use of force – When lawful.

9A.16.060 Duress.

9A.16.070 Entrapment.

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

9A.16.090 Intoxication.

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

9A.28.020 Criminal attempt.

9A.28.030 Criminal solicitation.

9A.28.040 Criminal conspiracy.

9A.36.041 Assault in the fourth degree.

9A.36.050 Reckless endangerment.

9A.36.070 Coercion.

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

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.

9A.42.010 Definitions.

9A.42.035 Criminal mistreatment in the third degree.

9A.42.040 Withdrawal of life support systems.

9A.42.045 Palliative care.

9A.42.050 Defense of financial inability.

9A.42.080 Abandonment of a dependent person in the third degree.

9A.42.090 Abandonment of a dependent person – Defense.

9A.44.010 Definitions.

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

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.

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.48.110 Defacing a state monument.

9A.49.001 Findings.

9A.49.010 Definitions.

9A.49.030 Unlawful discharge of a laser in the second degree.

9A.49.040 Civil infraction, when.

9A.49.050 Exclusions.

9A.50.010 Definitions.

9A.50.020 Interference with health care facility.

9A.50.030 Penalty.

9A.52.010 Definitions.

9A.52.050 Other crime in committing burglary punishable.

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.

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

9A.56.140 Possessing stolen property – Definition – Presumption.

9A.56.170 Possessing property in the third degree.

9A.56.180 Obscuring the identity of a machine.

9A.56.220 Theft of subscription television services.

9A.56.240 Forfeiture and disposal of device used to commit violation.

9A.56.260 Connection of channel converter.

9A.56.270 Shopping cart theft.

9A.60.010 Definitions.

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.

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.72.085 Unsworn statements, certification.

9A.72.140 Jury tampering.

9A.72.150 Tampering with physical evidence.

9A.76.010 Definitions.

9A.76.027 Law enforcement or corrections officer engaged in criminal conduct.

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

9A.76.040 Resisting arrest.

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

9A.76.060 Relative defined.

9A.76.070 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.76.160 Introducing contraband in the third degree.

9A.76.170 Bail jumping.

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

9A.80.010 Official misconduct.

9A.84.010 Riot.

9A.84.020 Failure to disperse.

9A.84.040 False reporting.

9A.88.010 Indecent exposure.

9A.88.030 Prostitution.

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

9A.88.090 Permitting prostitution.

9A.88.110 Patronizing a prostitute.

9A.88.120 Additional fee assessments.

9A.88.130 Additional requirements.

9A.88.140 Vehicle impoundment.

(Ord. 2005-616 § 1)

9.04.080 RCW Title 10, entitled "Criminal Procedure" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

10.14.120 Disobedience of order – Penalties.

10.14.170 Criminal penalty.

10.31.030 Service – How – Warrant not in possession, procedure – Bail.

10.31.040 Officer may break and enter.

10.31.050 Officer may use force.

10.31.060 Arrest by telegraph or teletype.

10.31.100 Arrest without warrant.

10.99.010 Purpose – Intent.

10.99.020 Definitions.

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

10.99.040 Duties of court – No-contact order.

10.99.045 Appearances by defendant – No-contact order.

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

10.99.055 Enforcement of orders.

10.99.060 Prosecutor’s notice to victim – Description of available procedures.

10.99.070 Liability of peace officers.

(Ord. 2005-616 § 1)

9.04.090 Chapter 13.32A RCW, entitled "Family Reconciliation Act" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

13.32A.080 Unlawful harboring of a minor – Penalty – Defense – Prosecution of adult for involving child in commission of offense.

(Ord. 2005-616 § 1)

9.04.100 Chapter 19.48 RCW, entitled "Hotels, Lodging Houses, etc. – Restaurants" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud – Penalty.

(Ord. 2005-616 § 1)

9.04.110 RCW Title 26, entitled "Domestic Relations" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

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

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

26.26.138 Restraining order – Knowing violation – Penalty – Law enforcement immunity.

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

26.28.085 Applying tattoo to a minor – Penalty.

26.44.020 Definitions.

26.44.030 Reports – Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Interviews of children – Records – Risk assessment process.

26.44.040 Reports – Oral, written – Contents.

26.44.060 Immunity from civil or criminal liability – Confidential communications not violated – Actions against state not affected – False report, penalty.

26.44.063 Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order.

26.44.067 Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty.

26.44.080 Violation – Penalty.

26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child – Penalty for violating court order.

26.50.110 Violation of order – Penalties.

26.50.140 Peace officers – Immunity.

26.52.020 Foreign protection orders – Validity.

26.52.050 Peace officer immunity.

26.52.070 Violation of foreign orders – Penalties.

(Ord. 2005-616 § 1)

9.04.120 Chapter 28A.635 RCW, entitled "Offenses Relating to School Property and Personnel" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when – Penalty.

28A.635.040 Examination questions – Disclosing – Penalty.

28A.635.050 Certain corrupt practices of school officials – Penalty.

28A.635.090 Interference by force or violence – Penalty.

28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful – Penalty.

28A.635.110 Violations under RCW 28A.635.090 and RCW 28A.635.100 – Disciplinary authority exception.

28A.635.120 Violations under RCW 28A.635.090 and RCW 28A.635.100 – Penalty.

(Ord. 2005-616 § 1)

9.04.130 Chapter 38.52 RCW, entitled "Emergency Management" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

38.52.010 Definitions.

38.52.020 Declaration of policy and purpose.

38.52.430 Emergency response caused by person’s intoxication – Recovery of costs from a convicted person.

(Ord. 2005-616 § 1)

9.04.140 RCW Title 66, entitled "Alcoholic Beverage Control" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

66.04.010 Definitions.

66.12.010 Wine or beer manufactured for home use.

66.28.200 Keg registration – Special endorsement for grocery store licensee – Requirements of seller.

66.28.210 Keg registration – Requirements of purchaser.

66.28.220 Keg registration – Identification of containers – Rules – Fees – Sale in violation of rules unlawful.

66.28.230 Keg registration – Furnishing to minors – Penalties.

66.28.250 Keg registration – Violation constitutes gross misdemeanor.

66.44.010 Local officers to enforce law – Authority of board – Liquor enforcement officers.

66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc.

66.44.060 Proof of unlawful sale establishes prima facie intent.

66.44.070 Certified analysis is prima facie evidence of alcoholic content.

66.44.080 Service of process on corporation.

66.44.090 Acting without license.

66.44.100 Opening or consuming liquor in a public place – Penalty.

66.44.120 Unlawful use of seal.

66.44.130 Sales of liquor by drink or bottle.

66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash.

66.44.150 Buying liquor illegally.

66.44.160 Illegal possession, transportation of alcoholic beverages.

66.44.170 Illegal possession of liquor with intent to sell – Prima facie evidence, what is.

66.44.175 Violations of law.

66.44.180 General penalties – Jurisdiction for violations.

66.44.200 Sales to persons apparently under the influence of liquor – Purchases or consumption by persons apparently under the influence of liquor on licensed premises – Penalty – Notice – Separation of actions.

66.44.210 Obtaining liquor for ineligible person.

66.44.240 Drinking in public conveyance – Penalty against carrier – Exception.

66.44.250 Drinking in public conveyance – Penalty against individual – Restricted application.

66.44.270 Furnishing liquor to minors – Possession, use – Exhibition of effects – Exceptions.

66.44.280 Minor applying for permit.

66.44.290 Minor purchasing or attempting to purchase liquor – Penalty.

66.44.291 Minor purchasing or attempting to purchase liquor – Penalty against persons between ages of eighteen and twenty, inclusive.

66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold.

66.44.310 Minors frequenting off-limits area – Misrepresentation of age – Penalty – Classification of licensees.

66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment.

66.44.318 Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine.

66.44.325 Unlawful transfer to a minor of an identification of age.

66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card – Penalty.

66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers.

66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers.

66.44.370 Resisting or opposing officers in enforcement of title.

(Ord. 2005-616 § 1)

9.04.150 RCW Title 69, entitled "Food, Drugs, Cosmetics, and Poisons" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

69.38.010 Poison defined.

69.38.020 Exceptions from chapter.

69.38.030 Poison register – Identification of purchaser.

69.38.040 Inspection of poison register – Penalty for failure to maintain register.

69.38.060 Manufacturers and sellers of poison – License required – Penalty.

69.41.010 Definitions.

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

69.41.050 Labeling requirements – Penalty.

69.41.060 Search and seizure.

69.41.070 Penalties.

69.41.320 Practitioners – Restricted use – Medical records.

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

69.43.020 Receipt of substance from source outside state – Report – Penalty.

69.43.030 Exemptions.

69.43.035 Suspicious transactions – Report – Penalty.

69.43.040 Reporting form.

69.43.043 Recordkeeping requirements – Penalty.

69.43.048 Reporting and recordkeeping requirements – Submission of computer readable data, copies of federal reports.

69.43.090 Permit to sell, transfer, furnish, or receive substance – Exemptions – Application for permit – Fee – Renewal – Penalty.

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

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

69.43.130 Exemptions – Pediatric products – Products exempted by the state board of pharmacy.

69.50.101 Definitions.

69.50.102 Drug paraphernalia – Definitions.

69.50.202 Nomenclature.

69.50.204 Schedule I.

69.50.206 Schedule II.

69.50.208 Schedule III.

69.50.210 Schedule IV.

69.50.212 Schedule V.

69.50.401 Prohibited acts: A – Penalties.

69.50.404 Penalties under other laws.

69.50.407 Conspiracy.

69.50.408 Second or subsequent offenses.

69.50.412 Prohibited acts: E – Penalties.

69.50.4121 Drug paraphernalia – Selling or giving – Penalty.

69.50.425 Misdemeanor violations – Minimum penalties.

(Ord. 2005-616 § 1)

9.04.160 RCW Title 70, entitled "Public Health and Safety" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

70.74.010 Definitions.

70.74.160 Unlawful access to explosives.

70.74.295 Abandonment of explosives.

70.74.300 Explosive containers to be marked – Penalty.

70.74.310 Gas bombs, explosives, stink bombs, etc.

70.74.400 Seizure and forfeiture.

70.155.010 Definitions.

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

(Ord. 2005-616 § 1)

9.04.170 Chapter 74.34 RCW, entitled "Abuse of Vulnerable Adults" – Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

74.34.020 Definitions.

74.34.021 Vulnerable adult – Definition.

74.34.035 Reports – Mandated and permissive – Contents – Confidentiality.

74.34.040 Reports – Contents – Identity confidential.

74.34.050 Immunity from liability.

74.34.053 Failure to report – False reports – Penalties.

74.34.145 Protection of vulnerable adults – Notice of criminal penalties for violation – Enforcement under RCW 26.50.110.

(Ord. 2005-616 § 1)

Article III. Offenses Against Government Authority

9.04.180 Obstructing public officers.

A. A person is guilty of obstructing a public officer if, with knowledge that the person is a public officer, he:

1. Intentionally and physically interferes with a public officer;

2. Intentionally hinders or delays a public officer by disobeying an order to stop given by such officer;

3. Intentionally refuses to cease an activity or behavior that creates a risk of injury to any person when ordered to do so by a public officer;

4. Intentionally destroys, conceals, or alters or attempts to destroy, conceal, or alter any material which he knows the public officer is attempting to obtain, secure, or preserve during an investigation, search, or arrest;

5. Intentionally refuses to leave the scene of an investigation of a crime while an investigation is in progress after being requested to leave by a public officer; or

6. Intentionally hinders or delays a public officer in the discharge of his official duties by making any untrue or misleading statement, report, or identification.

B. No person shall be convicted of violating this section if the judge determines with respect to the person charged with violating this section that the public officer is not acting lawfully in a governmental function.

C. As used in this section, "public officer" means those individuals responsible for the enforcement of the provisions of the Mill Creek Municipal Code and empowered to make arrests or issue citations for violations under the code or those individuals responsible for the enforcement of the criminal laws of the state.

D. Obstructing a public officer is a gross misdemeanor. (Ord. 2005-616 § 1)

9.04.190 Disruption of government offices.

A person is guilty of disruption of government offices if he comes into or remains in any government building, office, or public way adjacent thereto, without lawful reason, and intentionally causes substantial and unreasonable disruption of the activities or functioning of a government office. As used in this section, the term "government offices" has its ordinary meaning including city, county, state, and federal government offices. The term "public way" means any road, alley, lane, right-of-way, parking area, parking lot, or any place, private or otherwise, adapted to and fitted for travel, that is in common use by the public with the consent, expressed or implied, of the owner(s). A violation of this section is a gross misdemeanor. (Ord. 2005-616 § 1)

9.04.200 Public events – Criminal activity.

A. Interference with Public Events. No person shall physically interfere with any public event activity in a manner which: (1) disrupts the activity to the extent it makes it difficult for the activity to continue; or (2) causes viewers or participants (including vendors) to be distracted to the extent the viewing of or the participation in the activity is obstructed, restrained, or inhibited. As used in this section, "activity" shall include any parade, performance, procession, race, game, exhibition, or similar activity which is conducted on a public way or in a public place and is an official part of a public event. The term "public way" means any road, alley, lane, right-of-way, parking area, parking lot, or any place, private or otherwise, adapted to and fitted for travel, that is in common use by the public with the consent, expressed or implied, of the owner(s). The term "public event" shall mean any event(s) sponsored or co-sponsored by, in conjunction with, or endorsed by any public, quasi-public, or civic entity for the benefit of the public. A violation of this subsection is a misdemeanor.

B. Criminal Trespass. Any person who (1) violates this section; (2) commits any offense against public peace as set forth in this chapter including, but not limited to, indecent exposure, urinating in public, public disturbance, disorderly conduct, and failure to disperse while attending or in conjunction with a public event; (3) commits a crime against a person, including, but not limited to, assault in the fourth degree and provoking assault, while attending or in conjunction with a public event; or (4) commits a felony while attending or in conjunction with a public event, may be ordered immediately removed from the property on which the event is held by any person(s) having lawful authority over the event or by a law enforcement officer. Such an order may prohibit the person from returning to the property on which the event is held for the duration of the event if there is cause to believe that further violations would occur if the person were allowed to return. Such order shall apply to event areas both on and off public ways and public places. Any violation of such an order shall constitute criminal trespass pursuant to Chapter 9A.52 RCW. (Ord. 2005-616 § 1)

9.04.210 Public facility – Criminal activity – Prohibition of entry.

A. Whenever a law enforcement officer or a judge, commissioner, or judge pro tempore of a superior court or municipal court with jurisdiction has probable cause to believe that a person has committed any act set forth in subsection C of this section on any public facility as described in subsection D of this section, that person may be given a written order prohibiting that person from entering the public facility where the act was committed. When issued by a law enforcement officer, the order shall be effective for a period of up to 45 days or the date on which the violator is arraigned on the criminal matter which resulted in the issuance of the order, whichever comes first, unless extended by a judge, commissioner, or judge pro tempore. When issued or extended by a judge, commissioner, or judge pro tempore, the order shall be effective during the pendency of the criminal action arising out of the act which resulted in the issuance of the order unless withdrawn sooner by a judge, commissioner, or judge pro tempore. If the person to whom the order is issued is convicted in any criminal action arising out of the act which resulted in the issuance of the order, the judge, commissioner, or judge pro tempore may issue or extend the order for such a period of time not to exceed the time that the court retains jurisdiction over the matter.

B. Whenever a law enforcement officer has probable cause to believe that a person has been notified in writing under this section that the person is prohibited from entering a public facility described in subsection D of this section, and the person is on the public facility for which prohibition of entry has been ordered, such officer may arrest the person for violating the prohibition on entry.

C. An act which may result in the issuance of a written order prohibiting a person from entering a public facility may consist of any of the following when committed on or in the public facility:

1. Any act which qualifies as a felony crime;

2. Any act which qualifies as a gross misdemeanor or misdemeanor crime, excluding all traffic offenses except for violations of RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, or 46.61.525; or

3. Any act which involves entering an area designated in subsection D of this section after the area was closed to the public.

D. For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds and appurtenances of any of the following:

1. Any park maintained by the city of Mill Creek, Snohomish County, or the state of Washington.

2. Any public library maintained by the city of Mill Creek, Snohomish County, Sno-Isle Regional Library system, or the state of Washington.

E. A person who is issued a written order pursuant to this section shall have the opportunity to challenge the issuance of the order. When a person challenges the validity of the order, the city must establish that probable cause exists to believe that the person committed any act set forth in subsection C of this section. Proof of probable cause shall be established based solely upon the sworn declaration incorporated by reference in a law enforcement officer’s report that substantially conforms to the requirements of RCW 9A.72.085 without further evidentiary foundation. The sworn declaration may be supplemented by the testimony of witnesses. The person against whom the order was issued shall have the opportunity to present evidence and testimony when challenging the order.

F. Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, the right to lawfully and peaceably assemble, the right to travel, the right to petition the government for redress of grievances, or the response to an emergency.

G. A person who violates this section shall be guilty of a misdemeanor. (Ord. 2005-616 § 1)

9.04.220 Escape.

A. A person is guilty of escape if:

1. Without lawful authority, he intentionally removes himself from the custody of a court, law enforcement officer, detention facility, registered location where work is performed pursuant to work release, or registered location where he is serving any portion of jail time on electronic home monitoring or detention; or

2. He fails to return himself to the custody of the court, law enforcement officer, detention facility, registered location where work is performed pursuant to work release, or registered location where he or she is serving any portion of jail time on electronic home monitoring or detention following temporary leave lawfully granted by a court or the Mill Creek police department.

B. As used in this section, "custody" means:

1. Restraint by a law enforcement officer pursuant to a lawful arrest for an offense;

2. Restraint pursuant to an order of a court, including but not limited to:

a. Detention of a person pursuant to a court-issued arrest warrant;

b. A verbal or written order to detain a person during a court appearance;

c. Detention of a person pending trial;

d. Detention of a person pursuant to a sentence of a court;

e. Detention of a person pursuant to the revocation of a period of a sentence initially suspended by a court; or

f. Detention of a person pursuant to an electronic home monitoring or electronic home detention program, regardless of the location that the person who is in custody is registered or required to be.

C. A person who violates this section shall be guilty of a gross misdemeanor. (Ord. 2005-616 § 1)

9.04.230 Offenses against police dogs.

No person shall maliciously torment, beat, kick, or strike any dog owned or being used by the police department in the performance of its official duties or hinder, delay, or obstruct any dog used by a law enforcement officer in discharging or attempting to discharge his official duties. Any person violating the provisions of this section shall be guilty of a misdemeanor. (Ord. 2005-616 § 1)

9.04.240 Probation violations.

Whenever a law enforcement officer shall have probable cause to believe that a probationer in such officer’s presence is violating or failing to comply with any requirement or restriction imposed by the court (as a condition of such probation prior to the termination of his probation), such officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended, and for such purpose such officer may arrest such probationer without warrant or other process. As used in this section, "probationer" means any person who, after conviction of violation of an ordinance of the city or a law of the state, has been placed on probation in connection with the suspension or deferral of sentence by either a district court of Snohomish county, municipal court, or superior court. (Ord. 2005-616 § 1)

9.04.250 Failure to abide by court order.

It shall be a misdemeanor for any person subject to a court order, the violation of which is not covered by a specific provision of this chapter, to knowingly and wilfully violate the terms of that order. (Ord. 2005-616 § 1)

Article IV. Offenses Against Persons

9.04.260 Neglect of a child or dependent person.

A. A person is guilty of the crime of neglect of a child or dependent person if the person is a parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life, and with criminal negligence, the person:

1. Withholds any of the basic necessities of life;

2. Maintains living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury; or

3. Supervises the child or dependent person, and:

a. As a result of such supervision, the child or dependent person suffers bodily injury; or

b. The supervision creates a substantial risk that the child or dependent person will suffer bodily injury; or

4. Fails to supervise the child or dependent person, and:

a. As a result of such failure, the child or dependent person suffers bodily injury; or

b. Such failure creates a substantial risk that the child or dependent person will suffer bodily injury.

B. In any prosecution for neglect of a child or dependent person, it shall be a defense that the withholding of the basic necessities of life or the maintenance of living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed upon payment has not been made.

C. A person is criminally negligent or acts with criminal negligence when he fails to be aware of a substantial risk that a wrongful act may occur and his failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

D. As used in this section, "child" means a person under 18 years of age.

E. As used in this section, "dependent person" means a person who, because of physical or mental disability or because of advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home as defined in RCW 18.51.010, a resident of an adult family home as defined in RCW 70.128.010, and a frail elderly or vulnerable adult as defined in RCW 74.34.020(8) is presumed to be a dependent person for purposes of this section.

F. As used in this section, "bodily injury" means physical pain, injury, illness, or impairment of physical condition that is more than minor or transient.

G. Neglect of a child or dependent person is a gross misdemeanor. (Ord. 2005-616 § 1)

9.04.270 Provoking assault.

Every person who shall by word, sign, or gesture, willfully provoke or attempt to provoke another person to commit an assault or breach of the peace shall be guilty of a misdemeanor. (Ord. 2005-616 § 1)

9.04.280 Disorderly conduct.

A. A person is guilty of disorderly conduct if he:

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

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

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

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

5. Is found to be engaged in any fight or brawl.

B. The following definition shall apply in this section:

1. "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, grasp a person, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, the right to lawfully and peaceably assemble, the right to travel, the right to petition the government for redress of grievances, or the response to an emergency.

C. Disorderly conduct is a misdemeanor. (Ord. 2005-616 § 1)

9.04.290 Placing a person in fear or apprehension by threat.

A. Every person who shall intentionally place or attempt to place another person in reasonable fear or apprehension of bodily harm by means of a threat shall be guilty of a misdemeanor.

B. As used in this section, "threat" means to communicate, directly or indirectly, by act, word, or deed, whether written, spoken or otherwise communicated, the intent to imminently:

1. Cause bodily injury to the person threatened or any other person;

2. Cause physical damage to the property of a person other than the person making the threat; or

3. Subject the person threatened or any other person to physical confinement or restraint.

C. Any threat is deemed to have been committed at the place from which the threat or threats were made or at the place where the threat or threats were received.

D. Placing a person in fear or apprehension by threat is a misdemeanor. (Ord. 2005-616 § 1)

9.04.300 Violation of order also contempt.

The violation of any no contact order issued by the court pursuant to Chapter 10.99 RCW shall also constitute contempt of court, and is subject to the penalties prescribed by law. (Ord. 2005-616 § 1)

Article V. Offenses Against Property

9.04.310 Damage, theft, abandonment, or improper use of an electronic home detention or monitoring device.

A. A person is guilty of damage, theft, abandonment, or improper use of an electronic home detention or monitoring device if:

1. The person intentionally causes damage to any component of the electronic home detention or monitoring device; or

2. The person exerts unauthorized control over an electronic home detention or monitoring device; or

3. The person abandons the electronic home detention or monitoring device; or

4. The person fails to return the electronic home detention or monitoring device to the Mill Creek police department or its lawful owner within 24 hours of interrupting or terminating the proper use of the device.

B. As used in this section, the term "damage" shall have the same meaning as "damages" as that term is defined in RCW 9A.48.010.

C. As used in this section, the phrase "exerts unauthorized control" shall be defined as it is in RCW 9A.56.010.

D. A person who violates this section shall be guilty of a gross misdemeanor. (Ord. 2005-616 § 1)

9.04.320 Making or having vehicle prowl or vehicle theft tools.

A. Every person who shall make or mend, or cause to be made or mended, or have in his possession any engine, machine, tool, false key, master key, adapted or altered key, pick lock, bit, nippers, dent remover, or implement, adapted, designed, or commonly used for the commission of vehicle prowl or vehicle theft under circumstances evidencing an intent to use or employ, or allow the same to be used or employed in the commission of a vehicle prowl or vehicle theft or knowing that the same is or was intended to be so used, shall be guilty of making or having vehicle prowl or vehicle theft tools.

B. Making or having vehicle prowl or vehicle theft tools is a gross misdemeanor. (Ord. 2005-616 § 1)

9.04.330 Interference with property.

A. A person commits the offense of interference with property if, having no right to do so nor reasonable ground to believe he has such a right, he intentionally tampers or interferes with the property of another, or if a person places a foreign substance including, but not limited to, food products, bodily fluids, or trash upon the property of another causing the necessity of the investment of time or money for cleaning or to return the property to its former condition, status, or appearance.

B. Interference with property is a misdemeanor. (Ord. 2005-616 § 1)

9.03.340 Vehicle trespass.

A. A person commits the crime of vehicle trespass if, having no right or permission to do so nor reasonable grounds to believe he has such a right, he enters or remains in a vehicle belonging to another.

B. Vehicle trespass is a misdemeanor. (Ord. 2005-616 § 1)

Article VI. Offenses Against Public Morals

9.04.350 Prostitution loitering.

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

B. The following nonexclusive circumstances may be considered in determining whether the actor intends to commit the crime of prostitution loitering. The actor:

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 or repeatedly returns to an area 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 or other person is a law enforcement officer, searches for articles that would identify a law enforcement officer, or exposes genitals or female breasts, or requests the touching or exposing of genitals or female breasts to prove that the person is not a law enforcement officer.

C. As used in this section:

1. "Commit prostitution" means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange or promise, 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 arrested for an offense involving prostitution.

3. "Public place" is an area generally visible to public view and includes without limitation 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 ground enclosing them.

4. "Sexual conduct" shall have the same meaning as defined in RCW 9A.88.030 and Chapter 9A.44 RCW.

D. Prostitution loitering is a misdemeanor. (Ord. 2005-616 § 1)

9.04.360 Urinating in public.

A. A person is guilty of urinating in public if the person intentionally urinates or defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.

B. Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed $250.00. (Ord. 2005-616 § 1)

Article VII. Miscellaneous Offenses

9.04.370 Possession of drug paraphernalia.

It is unlawful for any person to possess drug paraphernalia, as defined in RCW 69.50.102. A person who violates this section shall be guilty of a misdemeanor. (Ord. 2005-616 § 1)

9.04.380 Sale, manufacture, possession of certain weapons.

Any person who sells, manufactures, purchases, possesses, or carries under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons, (1) any device commonly known as nunchuka sticks, consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or (2) any device commonly known as throwing stars, which are multipointed, metal objects designed to embed upon impact from any aspect in a manner, is guilty of a gross misdemeanor. (Ord. 2005-616 § 1)

9.04.390 Nonincendiary devices.

A. As used in this section, a "nonincendiary device" shall include, without limitation, any stink bomb, stink paint, tear bomb, tear shell, explosive or flame-producing device, acid bomb, dry ice bomb, or any other device, material, chemical or substance, which, when exploded, opened, used, or otherwise deployed does or will annoy, injure, endanger, or inconvenience any person or persons.

B. Any person who shall (1) deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building, or any place, or (2) counsel, aid, assist, encourage, incite, or direct any other person or persons to deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building, or any place, or (3) have in his possession for the purpose of depositing, leaving, placing, spraying, scattering, spreading, throwing, or otherwise deploying in any building, or any place, or (4) counsels, aids, assists, encourages, incites, or directs any other person or persons to deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building, or any place, any nonincendiary device shall be guilty of a gross misdemeanor.

C. Any person who enhances any nonincendiary device by adding either internally or externally any additional material that would create greater damage by becoming fragmentation or shrapnel will be subject to a mandatory minimum penalty of 90 days in jail, which cannot be served on work release or electronic home monitoring.

D. This section shall not apply to persons in the military service, law enforcement officers, firemen, emergency medical personnel, or commissioned law enforcement officers actually engaged in the performance of their duty or training or in the course of any training acting pursuant to orders from competent authority, nor shall this section apply to any property owner or person acting under his authority in providing protection against the commission of a felony. (Ord. 2005-616 § 1)

Article VIII. False Alarms1

9.04.400 Purpose.

The purpose of this article is to reduce the number of false alarms occurring within the city and the resultant waste of city resources and potential dangers to citizens and law enforcement officers, by providing for corrective administrative action, including fees, potential disconnection and criminal penalties for violations. (Ord. 2005-616 § 4. Formerly 9.10.010.)

9.04.410 Definitions.

The following definitions shall be applied in construing the provisions of this article:

A. "False alarm" means the activation of a burglary and/or robbery alarm by other than a forced entry, attempted forced entry, unlawful entry, robbery or attempted robbery on the premises and at a time when no robbery, burglary or other crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises.

B. "Owner" means the person in custody or control of a premises having a burglary and/or robbery alarm.

C. "Person" means any natural person, partnership, corporation, joint stock company, or unincorporated association or society.

D. "Chief of police" means the Mill Creek chief of police or his designee.

E. "Response" shall be deemed to have occurred when the Mill Creek police department begins to proceed towards the premises as a result of the activation of the alarm. (Ord. 2005-616 § 4. Formerly 9.10.020.)

9.04.420 Emergency response card – Violation – Abatement.

A. It is unlawful to have or maintain on any premises within the city a burglary and/or robbery alarm unless there is on file with the Mill Creek police department an emergency response card containing the names of persons who have consented and are authorized and given the means to enter such premises and turn off any alarms and current telephone numbers at which such persons can be reached at all times. This prohibition shall not apply to anyone who did not know of the existence of this article, unless the city establishes that it provided actual notice of the article to the violator.

B. It is unlawful for any such authorized person to fail to appear and turn off any such alarm located on a nonresidential premises within one hour after being notified by the Mill Creek police department that their failure to do so could result in their being fined.

C. Any alarm audible upon abutting property for a period in excess of one hour is declared to be a public nuisance and may be summarily abated by the Mill Creek police department, provided one or more persons listed on an emergency response card on file with the Mill Creek police department, if any, has been requested to shut off the alarm and afforded a reasonable period of time not to exceed one hour to do so. (Ord. 2005-616 § 4. Formerly 9.10.030.)

9.04.430 Unlawful activation or report of alarm.

It is unlawful for any person to activate any robbery or burglary alarm for the purpose of summoning the Mill Creek police department except in the event of an actual or attempted burglary or robbery or other emergency. (Ord. 2005-616 § 4. Formerly 9.10.040.)

9.04.440 False alarms – Fees assessed.

The following provisions shall apply to a police response to any false alarm and unless the chief of police determines that the owner of a burglary and/or robbery alarm has taken all reasonable measures to prevent a false alarm, the city may charge and collect the following fees from the owner:

A. No fee shall be charged for a response to a premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to in this article as a "first response." The chief of police shall give notice of conditions and requirements of this article to the owner after a first response, including the need to file an emergency response card. Within five working days after notice from the chief of police, the owner shall:

1. Make a written report to the chief of police on a prescribed form setting forth:

a. The cause of such false alarm;

b. The corrective action taken;

c. Whether and when such alarm has been inspected by authorized service personnel; and

d. Such other information as the chief of police may reasonably require to determine the cause of such false alarm, any mitigating circumstances and corrective action necessary.

2. File an emergency response card.

B. No fee shall be assessed for the second response to a premises within six months after a first response if an emergency response card has been filed with the Mill Creek police department. However, for a second response within six months after the first response to a premises the owner of which has not filed an emergency response card, a fee as provided in Chapter 3.42 MCMC shall be assessed. Additionally, a written report to the Mill Creek police department shall be required as for a first response within five working days, whether or not an emergency response card is on file. The chief of police may direct the owner to have authorized service personnel inspect the alarm at such premises and to take other corrective action as prescribed by the chief of police. All costs of inspection and corrective action shall be borne by the owner. If there still has been no emergency response card filed with the Mill Creek police department by the person they will be given a written warning giving them 10 days in which to comply.

C. For a third response to the premises within six months of a first response, a fee as provided in Chapter 3.42 MCMC shall be assessed, and a written report to the Mill Creek police department shall be required as for a first response within five working days. The chief of police may direct the owner to have authorized service personnel inspect the alarm at such premises and to take other corrective action as prescribed by the chief of police. All costs of inspection and corrective action shall be borne by the owner.

D. For a fourth response to the premises within six months of a first response, a fee as provided in Chapter 3.42 MCMC shall be assessed, and a written report to the Mill Creek police department shall be required as for a first response within five days. The chief of police may direct the owner to have authorized service personnel inspect the alarm at such premises and to take other corrective action as prescribed by the chief of police. All costs of inspection and corrective action shall be borne by the owner.

E. For a fifth response to the premises within six months of a first response, and all succeeding responses within six months of the fifth response, a fee as provided in Chapter 3.42 MCMC shall be assessed and a written report to the Mill Creek police department shall be required as for a first response. If any fifth false alarm or any such succeeding false alarm is a result of failure to take necessary corrective action prescribed by the Mill Creek police department, the Mill Creek police department may order the disconnection of such alarm system and it shall be unlawful to reconnect such alarm system until such corrective action is taken; provided, that no disconnection shall be ordered for any premises required by law to have an alarm system in operation. (Ord. 2005-616 § 4. Formerly 9.10.050.)

9.04.450 Administrative decision – Notice.

A. Notice of imposition of any administrative sanction, including the imposition of a fee and/or order of disconnection under the provisions of this article, shall be sent by mail or delivered personally to the owner; provided, that with respect to business premises, mailing or personal delivery to the manager or chief administrative agent regularly assigned or employed at the premises at the time of the occurrence of a false alarm shall be deemed to be mailing or personal delivery to the owner.

B. The notice shall specify the sanctions imposed and shall advise the owner that sanctions will be imposed unless he requests a hearing with the city manager as set forth in MCMC 9.04.460 by filing a written request with the city manager within 10 days of the date of the notice. (Ord. 2005-616 § 4. Formerly 9.10.060.)

9.04.460 Appeal from administrative decision – Finality.

A. Any person subject to the imposition of a fee, order of disconnection or other administrative sanction under the terms of this article shall have a right to a hearing before the city manager upon filing a timely written request.

B. The request for a hearing must be made in writing and filed with the city manager within 10 days of the date of notice of administrative decision required in MCMC 9.04.450. Upon receipt of a timely written request, the city manager shall schedule a hearing date and inform the owner of the date, time and place of the hearing. The city manager shall consider the record of past false alarms, any corrective action taken and any inspection reports on the cause of the false alarm. If the city manager determines that the false alarms are not caused by the owner or his employees or agents and that reasonable steps have been taken to correct the problem, the fee or other sanction may be suspended, in whole or in part. The city manager shall keep a written report of the hearing including a statement of reasons for whatever action is taken.

C. Administrative sanctions imposed pursuant to this article shall become final upon expiration of the period for filing an appeal when no timely appeal is filed, or upon announcement of a decision on the appeal when a timely appeal has been filed. (Ord. 2005-616 § 4. Formerly 9.10.070.)

9.04.470 Penalty.

Unless otherwise provided, any person violating any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not more than $500.00. (Ord. 2005-616 § 4. Formerly 9.10.080.)

Article IX. Costs and Penalties

9.04.480 Costs of prosecution.

Whenever anyone is convicted of an offense under any section of this chapter, or section of any city ordinance, the court may, as authorized by law, impose reasonable costs of prosecution in addition to the fine imposed. The court may so impose costs for issuance of bench warrants in an amount not to exceed $100.00. (Ord. 2005-616 § 1)

9.04.490 Violations – Penalty.

Unless otherwise provided in this chapter, violation of any provision of this chapter shall be punishable as follows:

A. Gross Misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

B. Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

C. Unless otherwise provided, any person violating any of the provisions of this chapter is guilty of a misdemeanor, punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

D. In addition to the penalty provisions set forth in this section, a person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW adopted by reference or convicted of violating MCMC 9.04.150 shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. (Ord. 2005-616 § 1)


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Legislative history: Ords. 86-124 and 93-300.