Chapter 8.02
General Provisions
Sections:
8.02.010 Purposes--Principles of construction.
8.02.020 City criminal jurisdiction.
8.02.030 Classes of crimes--Penalties.
8.02.040 Personal jurisdiction.
8.02.050 Limitation of action.
8.02.060 Nonappearance after written promise.
8.02.070 Intentional failure to comply.
8.02.080 Conviction--Judgment for fine and costs.
8.02.090 Payment of costs of prosecution.
8.02.100 Adoption of state statutes by reference.
8.02.120 Citation reference to sections adopted by reference.
8.02.130 Utilization of definitions.
8.02.900 Statutes incorporated by reference.
8.02.010 Purposes--Principles of construction.
A. The general purposes of the provisions governing the definition of offenses include, but are not limited to, the following:
1. To forbid, prevent and provide for the punishment or conduct that inflicts or threatens 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,
4. To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each;
B. The provisions of this title shall be construed according to the fair import of their terms and when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this title. (Ord. 1418 §1(part), 1999).
8.02.020 City criminal jurisdiction.
Any person who commits within the corporate limits of the city any crime or infraction that is a violation hereof, in whole or in part, of any other portion of the municipal code, or of any statute for which the city is given authority to prosecute violations, is liable to issuance of a notice of infraction and imposition of a fiscal penalty, if the action constitutes an infraction, or to arrest and punishment, if the action is a violation defined as a criminal act. (Ord. 1418 §1(part), 1999).
8.02.030 Classes of crimes--Penalties.
A. An offense defined by this code, for which a sentence of imprisonment is authorized, constitutes a violation of city ordinance and a crime. For purposes of this code, the two terms shall have the same meaning and may be used interchangeably.
B. Violations of city ordinances are classified as gross misdemeanors, or misdemeanors. A violation of a city ordinance is a misdemeanor if not otherwise designated by this code or by the code adopted by reference, and if persons convicted thereof may be sentenced to imprisonment for a term not in excess of ninety days. A violation of a city ordinance is a gross misdemeanor if so designated in this code, and if persons convicted thereof may be sentenced to imprisonment for a term not in excess of one year. Any statute adopted by reference shall have the same classification, for purposes of punishment under this code as it has for such purposes under state law. In the event that this code designates an offense as being of a different category than a state statute governing identical conduct, to the extent so required by the state law, the categorization of the city ordinance shall be deemed to be modified to be consistent with the state law.
C. Unless otherwise specifically provided, misdemeanors shall be punishable by imprisonment in jail for a term of up to ninety days, or by a fine of up to one thousand dollars, or by both such imprisonment and fine. Unless otherwise specifically provided, gross misdemeanors shall be punishable by imprisonment in jail for a term of up to one year, or by a fine of up to five thousand dollars, or by both such imprisonment and fine. (Ord. 1418 §1(part), 1999).
8.02.040 Personal jurisdiction.
Every person, regardless of whether or not an inhabitant or resident of the city, may be tried and punished under this code for any violation of city ordinance committed by him or her within the corporate limits of the city. (Ord. 1418 §1(part), 1999).
8.02.050 Limitation of action.
A. No violation of city ordinance which is classified as a gross misdemeanor herein or in the code adopted by reference may be prosecuted more than two years after its commission. No violation of city ordinance classified as a misdemeanor herein or in the code adopted by reference may be prosecuted more than one year after its commission.
B. The periods of limitation prescribed in this section do not run during any time when the person charged is not usually and publicly resident within this state.
C. If, before the end of a period of limitation prescribed herein, a complaint or an information has been filed, and the complaint or information is set aside, then the period of limitation is extended by a period equal to the greater of the length allowed by the laws of this state or to the length of time from the filing to the setting aside. (Ord. 1418 §1(part), 1999).
8.02.060 Nonappearance after written promise.
Any person who, after having been issued a citation for a criminal violation by any person authorized to issue criminal citations or complaints under law and having signed a written promise to appear in court at a specific date and time or as otherwise indicated on the citation or complaint, fails to appear in court at the date and time so indicated shall be guilty of a misdemeanor regardless of the disposition of the charge with which he or she was originally cited. (Ord. 1418 §1(part), 1999).
8.02.070 Intentional failure to comply.
A court may, in its discretion, treat any intentional failure to comply with a court order in respect to fines or costs, or both, upon conviction, as civil contempt. (Ord. 1418 §1(part), 1999).
8.02.080 Conviction—Judgment for fine and costs.
Upon judgment for fine and costs rendered on a conviction, execution may be issued against the property of a defendant and returned in the same manner as in civil actions. (Ord. 1418 §1(part), 1999).
8.02.090 Payment of costs of prosecution.
Whenever anyone is convicted of any offense in the city, in addition to the fine imposed, he or she may be required to pay the costs of prosecution. Costs of prosecution shall include, but are not limited to, any or all of the following: cost of docket, cost of issuing warrant, cost for mileage and processing the warrant, a fee for a personal recognizance bond, costs of incarceration and costs for witness fees. (Ord. 1418 §1(part), 1999).
8.02.100 Adoption of state statutes by reference.
Statutes of the state of Washington specified within this title and as specified in ordinances, as now or hereafter adopted and codified in Title 8 of the municipal code are adopted by reference as and for a portion of the penal code of the city, as if set forth in full, including the criminal/offense classification and penalty provisions applicable thereto unless a different classification and/or penalty is specifically provided for the particular sections of state statutes adopted by reference. This adoption shall include the statutes as now existing or hereafter amended. (Ord. 1418 §1(part), 1999).
8.02.120 Citation reference to sections adopted by reference.
In any citation, complaint, notice of violation or other pleading filed in a court of competent jurisdiction or in any other forum, reference to the section or sections of state statute adopted by reference as a part of the city code shall be by the same number identifying the section in the Revised Code of Washington. Such reference shall refer to and mean the appropriate section of the municipal code adopted by reference from the Revised Code of Washington. (Ord. 1418 §1(part), 1999).
8.02.130 Utilization of definitions.
Any definition contained within any section of this title may be utilized in any other portion of this code unless the context requires otherwise. (Ord. 1418 §1(part), 1999).
8.02.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference:
RCW 9.01.110 (Omission, when not punishable)
RCW 9.01.130 (Sending letter, when complete)
RCW 9.01.555 (Citizen immunity if aiding officer--Scope--When)
RCW 9A.04.020 (Purposes--Principles of construction)
REM 9A.04.030 (State criminal jurisdiction)
REM 9A.04.050 (People capable of committing crimes--capability of children)
RCW 9A.04.060 (Common law to supplement statute)
RCW 9A.04.070 (Who amenable to criminal statutes)
RCW 9A.04.080 (Limitation of actions)
RCW 9A.04.090 (Application of general provisions of the code)
RCW 9A.04.100 (Proof beyond a reasonable doubt)
RCW 9A.04.110 (Definitions)
RCW 9A.08.010 (General requirements of culpability)
RCW 9A.08.020 (Liability for conduct of another--Complicity)
RCW 9A.08.030 (Criminal liability of corporations and persons acting or under a duty to act in their behalf)
RCW 9A.12.010 (Insanity)
RCW 9A.16.010 (Definitions [Defenses])
RCW 9A.16.020 (Use of force--When lawful)
RCW 9A.16.060 (Duress)
RCW 9A.16.070 (Entrapment)
RCW 9A.16.080 (Action for being detained on mercantile establishment premises for investigation--"Reasonable grounds"--As defense)
RCW 9A.16.090 (Intoxication)
RCW 9A.16.100 (Use of force on children--Policy--Actions presumed unreasonable)
RCW 9A.16.110 (Defending against violent crime--Reimbursement)
RCW 9A.20.030 (Restitution--Alternative to a fine)
RCW 9A.28.020 (Criminal attempt)
RCW 9A.28.040 (Criminal conspiracy)
RCW 9A.36.150 (Interfering with the reporting of domestic violence)
(Ord. 1418 §1(part), 1999).