Chapter 9.05


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.

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    Aggressive begging.

9.05.150    Alcoholic beverage control.

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

9.05.170    Animals – Crimes relating to.

9.05.180    Animals – Injury to.

9.05.190    Animals – Wounding or trapping of.

9.05.200    Assault and other crimes relating to person.

9.05.210    Competitive bidding.

9.05.220    Controlled substances.

9.05.230    Repealed.

9.05.240    Repealed.

9.05.250    Controlled substances – Minors.

9.05.260    Controlled substances – Minors excluded.

9.05.270    Controlled substances – Sale and display rooms.

9.05.280    Controlled substances – Sale restriction.

9.05.290    Controlled substances – Nuisance.

9.05.300    Controlled substances – Violation – Penalty.

9.05.310    Corporations – Crimes relating to.

9.05.320    Custodial interference.

9.05.330    Aiming and discharging firearms and air guns prohibited.

9.05.340    Disorderly conduct.

9.05.350    Disruption of school activities.

9.05.360    Domestic violence protection.

9.05.370    Dumping of trash in waterways.

9.05.380    Repealed.

9.05.390    False representations.

9.05.400    False swearing and tampering.

9.05.410    Fire alarms – Crimes relating to.

9.05.420    Firearms and dangerous weapons.

9.05.430    Fraud.

9.05.440    Gambling offenses.

9.05.441    Prohibition on punch boards, pulltabs and social card games as commercial stimulants.

9.05.450    Harassment.

9.05.460    Inhaling toxic fumes.

9.05.470    Juries – Crimes relating to.

9.05.480    Littering and pollution.

9.05.490    Miscellaneous crimes.

9.05.500    Misconduct in signing a petition.

9.05.510    Noise.

9.05.520    Obstructing governmental operation.

9.05.530    Official misconduct.

9.05.540    Public disturbance.

9.05.550    Public nuisances.

9.05.560    Reckless burning and malicious mischief.

9.05.570    Roadside stands.

9.05.580    Sexual offenses.

9.05.590    Repealed.

9.05.600    Sexual offenses – Unlawful acts of prostitution or pandering.

9.05.610    Special offenses relative to minors.

9.05.620    Telephone credit cards.

9.05.630    Theft and possession of stolen property.

9.05.640    Throwing objects at moving vehicles.

9.05.650    Trademarks and other marks.

9.05.660    Trespass and prowling.

9.05.661    Vehicle trespass prohibited – Penalty.

9.05.670    Urinating in public.

9.05.680    Vehicles resembling police or fire vehicles.

9.05.690    Violating right of privacy.

9.05.700    Violation of court ordered probation.

9.05.710    Weapons prohibited on certain liquor sale premises.

9.05.720    Severability.

9.05.730    Copies to be available.

9.05.010 Preliminary statement.

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

B. 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, as if set forth in full herein, as and for a portion of the criminal ordinance and code of the city of Newcastle, except as may be provided otherwise in this chapter. The amendment, revision, addition, repeal, recodification or re-enactment by the Washington Legislature of any of the statutes adopted by reference in this chapter shall be deemed to amend the provision of this chapter in conformity with the legislature’s amendment, revision, addition, repeal, recodification or re-enactment of the statutes adopted by reference herein. It shall not be necessary for the legislative authority of this city to take any action with respect to such amendment, revision, addition, repeal, recodification or re-enactment as provided by RCW 35A.12.140.

C. Section captions are for organizational purposes only and shall not be construed as part of this code. (Ord. 2014-499 § 1; Ord. 73 § 1, 1995).

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 of 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 within 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. 73 § 2, 1995).

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. 73 § 3, 1995).

9.05.040 Classes of crimes.

An offense defined by this code, for which a sentence of imprisonment is authorized, constitutes a violation of city ordinance and a crime. Crimes are classified as gross misdemeanors or misdemeanors. (Ord. 73 § 4, 1995).

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. (Ord. 73 § 5, 1995).

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. 73 § 6, 1995).

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. 73 § 7, 1995).

9.05.080 General provisions.


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.

9.01.055    Citizen immunity if aiding officer.

9.01.110    Omission, when not punishable.

9.01.130    Sending letter, when complete.

(Ord. 73 § 8, 1995).

9.05.090 Principles of liability.


9A.08.010    General requirements of culpability.

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

9A.08.030    Criminal liability of corporations and persons acting or under a duty to act in their behalf.

(Ord. 73 § 9, 1995).

9.05.100 Defenses.


9A.12.010    Defense of 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. 73 § 10, 1995).

9.05.110 Anticipatory offenses.


9A.28.020    Criminal attempt.

9A.28.030    Criminal solicitation.

9A.28.040    Criminal conspiracy.

(Ord. 73 § 11, 1995).

9.05.120 Abandoned refrigeration equipment.


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. 73 § 12, 1995).

9.05.130 Advertising – Crimes relating to.


9.04.010    False advertising.

9.04.040    Advertising cures of cost potency –Evidence.

9.04.090    Advertising fuel prices by service station.

(Ord. 73 § 13, 1995).

9.05.140 Aggressive begging.

A. Any person who engages in aggressive begging in any public place in the city as those terms are defined by this section is guilty of a misdemeanor.

B. As used in this section:

1. Aggressive begging means to beg with intent to intimidate another person into giving money or goods.

2. Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means.

3. Intimidate means to coerce or frighten into submission or obedience.

4. Public place means any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of the owner or owners; and any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-of-way open to the use of the public. (Ord. 73 § 14, 1995).

9.05.150 Alcoholic beverage control.


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. 73 § 15, 1995).

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

Except as permitted by RCW Title 66 or NMC 12.55.560, 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. 73 § 16, 1995).

9.05.170 Animals – Crimes relating to.


9.08.020    Diseased animals.

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

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

(Ord. 73 § 17, 1995).

9.05.180 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. 73 § 18, 1995).

9.05.190 Animals – Wounding or trapping of.

Any person who willfully and without authority in law, wounds or traps an animal or bird, or removes or destroys the young of any such animal or the egg of any bird is guilty of a misdemeanor. (Ord. 73 § 19, 1995).

9.05.200 Assault and other crimes relating to person.


9A.36.041    Assault in the fourth degree.

9A.36.050    Reckless endangerment in the second degree.

9A.36.070    Coercion.

(Ord. 73 § 20, 1995).

9.05.210 Competitive bidding.


9.18.120    Suppression of competitive bidding.

9.18.130    Collusion to prevent competitive bidding.

9.18.140    Penalty.

(Ord. 73 § 21, 1995).

9.05.220 Controlled substances.


69.50.101    Definitions.

69.50.102    Drug paraphernalia – Definitions.

69.50.309    Containers.

69.50.401(3)    Prohibited acts: A – Penalties.

69.50.4013(3)    Possession of controlled substance – Penalty.

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

69.50.412    Prohibited acts: E – Penalties.

69.50.4121    Drug Paraphernalia – Selling or giving – Penalty.

69.50.425    Misdemeanor violators – Minimum imprisonment.

69.50.445    Opening package of or consuming marijuana, useable marijuana, or marijuana-infused products in view of general public – Penalty.

69.50.500    Powers of enforcement personnel

69.50.505    Seizure and forfeiture.

69.50.506    Burden of proof.

69.50.509    Search and seizure of controlled substances.

(Ord. 2014-499 § 2; Ord. 73 § 22, 1995).

9.05.230 Controlled substances – Drug paraphernalia – Possession prohibited.

Repealed by Ord. 2014-499. (Ord. 97-137 § 1; Ord. 73 § 23, 1995).

9.05.240 Controlled substances – Definitions.

Repealed by Ord. 2014-499. (Ord. 73 § 24, 1995).

9.05.250 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. 73 § 25, 1995).

9.05.260 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. 73 § 26, 1995).

9.05.270 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. 73 § 27, 1995).

9.05.280 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. 73 § 28, 1995).

9.05.290 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 hashish, PCP or any controlled substance other than marijuana, lawfully prescribed drugs and devices to ingest or inject lawfully prescribed 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. 2014-499 § 5; Ord. 73 § 29, 1995).

9.05.300 Controlled substances – Violation – Penalty.

Any person convicted of violating NMC 9.05.250 through 9.05.280 shall be guilty of a misdemeanor; provided, if state law provides a different penalty then state law shall apply. A second or subsequent conviction of any of the foregoing sections may result in revocation of the business license of the place of business where the violations occurred. (Ord. 2014-499 § 6; Ord. 73 § 30, 1995).

9.05.310 Corporations – Crimes relating to.


9.24.010    Fraud in stock subscription.

9.24.040    Corporation doing business without license.

(Ord. 73 § 31, 1995).

9.05.320 Custodial interference.


9A.40.010    Definitions.

9A.40.070    Custodial interference in the second degree.

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

(Ord. 73 § 32, 1995).

9.05.330 Aiming and discharging firearms and air guns prohibited.

A. Any person who aims any firearm, whether loaded or not, air gun, deadly missile or other weapon at or towards any other person within the city, or who willfully discharges a firearm, air gun, or other weapon, or throws or launches any deadly missile or other weapon, in any public place or in any place where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized within the city is guilty of a misdemeanor.

B. The provisions of this section do not apply to:

1. A person engaged in military activities sponsored by the federal or state governments;

2. Law enforcement personnel;

3. Security personnel while engaged in official duties; or

4. A person utilizing a properly licensed institutional, membership and/or commercial shooting range.

C. “Air gun” means: 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 substance a distance of more than 25 feet with sufficient force to break a window or inflict injury upon persons or animals.

D. In addition to any other punishment imposed with respect to the unlawful use of an air gun, the court may order the air gun to be confiscated and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons. (Ord. 97-149 § 1; Ord. 73 § 33, 1995).

9.05.340 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 authority;

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

D. Fights by agreement, except as part of an organized athletic event. (Ord. 73 § 34, 1995).

9.05.350 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. 73 § 35, 1995).

9.05.360 Domestic violence protection.


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

10.99.020    Definitions.

10.99.030    Law enforcement officers – Training, powers, duties.

10.99.040    Restrictions upon and duties of court.

10.99.045    Appearances by defendant – Orders prohibiting contact.

10.99.050    Restriction or prohibition of contact with victim – Violation, penalties – Written order – Procedures.

10.99.055    Enforcement of orders against defendants.

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.

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

26.50.040    Application for leave to proceed in forma pauperis.

26.50.050    Hearing – Service – Tune.

26.50.060    Relief.

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.

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

26.50.110    Violation of order – Penalties.

26.50.120    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 officer – Immunity.

26.50.200    Title to real estate – Effect.

26.50.210    Proceedings additional.

(Ord. 97-138 § 1; Ord. 73 § 36, 1995).

9.05.370 Dumping of trash in waterways.


12.36.010    Dumping trash in waterways prohibited.

(Ord. 73 § 37, 1995).

9.05.380 False alarms – Crimes relating to.

Repealed by Ords. 2003-268 and 2003-269. (Ord. 73 § 38, 1995).

9.05.390 False representations.


9.38.010    False representation concerning credit.

9.38.020    False representation concerning title.

(Ord. 73 § 39, 1995).

9.05.400 False swearing and tampering.


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. 73 § 40, 1995).

9.05.410 Fire alarms – Crimes relating to.


9.40.040    Operating engine or boiler without spark arrester.

9.40.100    Injuring or tampering with fire alarm apparatus or equipment – Sounding false alarm of fire.

(Ord. 73 § 41, 1995).

9.05.420 Firearms and dangerous weapons.


9.41.010    Terms defined.

9.41.050    Carrying pistol.

9.41.060    Exception to restriction on carrying pistol.

9.41.070    Issue of licenses to carry – Fee –Revocation – Renewal.

9.41.080    Delivery to minors and others forbidden.

9.41.090    Commercial sales regulated –Requirements for delivery – Hold on delivery.

9.41.0975    Officials and agencies – Immunity, writ of mandamus.

9.41.098    Forfeiture of firearms, order by courts – Return to owner – Confiscation by law enforcement officer.

9.41.100    Dealers to be licensed.

9.41.110    Dealer’s licenses, by whom granted and conditions thereof – Wholesale sales excepted – Permits prohibited.

9.41.120    Certain transfers forbidden.

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.

9.41.240    Use of firearms by minor.

9.41.250    Dangerous weapons – Evidence.

9.41.260    Dangerous exhibitions.

9.41.270    Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful – Penalty – Exceptions.

9.41.280    Students carrying dangerous weapons on school premises – Penalty – Exceptions.

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

9.41.810    Penalty.


12.48.010    Definitions.

12.48.020    Sale and registration.

12.48.030    Delivery following sheriff’s report.

12.48.040    Purchase of unlawful for certain persons.

12.48.050    Violations.

(Ord. 73 § 42, 1995).

9.05.430 Fraud.


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

9.45.062    Failure to deliver leased personal property – Requisites for prosecution – 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.60.010    Definitions.

9A.60.040    Criminal impersonation.

9A.60.050    False certification.

9A.61.010    Defrauding a public utility – Definitions.

9A.61.020    Defrauding a public utility.

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

9A.61.060    Restitution.

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


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. 73 § 43, 1995).

9.05.440 Gambling offenses.


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 in administration or enforcement as violation – Penalty.

9.46.196    Defrauding or cheating other participant or operator as violation – Causing another to do so as violation – Penalty.

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 as violation – Penalty.

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

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

(Ord. 73 § 44, 1995).

9.05.441 Prohibition on punch boards, pulltabs and social card games as commercial stimulants.

Under the authority given the city by RCW 9.46.295, any license issued under the authority of the state to engage in gambling activities shall be legal authority to engage in the gambling activities for which it was issued; except, that such a license is not legal authority to engage in the conduct of social card games, as defined in RCW 9.46.0282 as now or hereafter amended, and is not legal authority to engage in the utilization of punch boards and/or pulltabs, as defined in RCW 9.46.0273 as now or hereafter amended, as a commercial stimulant to business within the city. Any violation of this section is a misdemeanor. (Ord. 99-186 § 1).

9.05.450 Harassment.


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.

9.61.230    Telephone calls to harass, intimidate, torment, embarrass.

9.61.240    Telephone calls to harass, intimidate, torment or embarrass – Permitting telephone to be used.

9.61.250    Telephone calls to harass, intimidate, torment or embarrass – Offense, where deemed committed.

(Ord. 73 § 45, 1995).

9.05.460 Inhaling toxic fumes.


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. 73 § 46, 1995).

9.05.470 Juries – Crimes relating to.


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. 73 § 47, 1995).

9.05.480 Littering and pollution.


70.93.060    Littering.

(Ord. 73 § 48, 1995).

9.05.490 Miscellaneous crimes.


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.

(Ord. 73 § 49, 1995).

9.05.500 Misconduct in signing a petition.


9.44.080    Misconduct in signing a petition.

(Ord. 73 § 50, 1995).

9.05.510 Noise.

A. General Prohibition. No person shall cause, nor shall any person in possession of property allow to originate from the property, sound that is a public disturbance noise.

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

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

2. The creation of frequent, repetitive or continuous sounds in connection with the 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 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 emanate from any building, structure, 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.

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. The squealing, screeching or other such sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners or because of such other reason; provided, that sounds which result from actions which are necessary to avoid danger shall be exempt from this section.

8. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 9:00 a.m. on weekends and holidays. Sounds originating from construction sites during expanded hours authorized by the city manager pursuant to NMC 15.00.030(B) shall be exempt from this section.

9. Sounds originating from residential property relating to temporary projects for the maintenance or repair of horns, grounds and appurtenances, including but not limited to, sounds from lawnmowers, powered hand tools, and composters, between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m and 9:00 a.m. on weekends and holidays.

C. Exclusion. This section shall not apply to the following:

1. Audio equipment for 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.

2. City-sponsored activities on city-owned property, provided activity is approved by the city manager.

D. Penalty. Any person who violates this section 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. 2005-318 § 1; Ord. 98-165 § 1; Ord. 73 § 51, 1995).

9.05.520 Obstructing governmental operation.


9A.76.010    Definitions.

9A.76.020    Obstructing a public servant.

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.

9.62.010    Malicious prosecution.

9.62.020    Instituting suit in name of another.

(Ord. 73 § 52, 1995).

9.05.530 Official misconduct.


9A.80.010    Official misconduct.

(Ord. 73 § 53, 1995).

9.05.540 Public disturbance.


9A.84.010    Riot.

9A.84.020    Failure to disperse.

9A.84.040    False reporting.

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

(Ord. 73 § 54, 1995).

9.05.550 Public nuisances.


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. 73 § 55, 1995).

9.05.560 Reckless burning and malicious mischief.


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.

(Ord. 73 § 56, 1995).

9.05.570 Roadside stands.


12.28.010    Unlawful to erect 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. 73 § 57, 1995).

9.05.580 Sexual offenses.


9A.44.010    Definitions.

9A.44.030    Defenses to prosecution under this chapter.

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

9A.88.010    Indecent exposure.

9A.88.030    Prostitution.

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

9A.88.090    Permitting prostitution.

9A.88.110    Patronizing a prostitute.

9.68.130    “Sexually explicit material” – Defined – Unlawful display.


12.56.010    “Body Studios” – Defined.

12.56.020    Operation prohibited.

12.56.030    Penalty.

(Ord. 73 § 58, 1995).

9.05.590 Sexual offenses – Adult entertainment.

Repealed by Ord. 98-181. (Ord. 73 § 59, 1995).

9.05.600 Sexual offenses – Unlawful acts of prostitution or pandering.

A. Statutes Adopted.


12.63.010    Unlawful acts.

12.63.020    Known prostitute, panderer deferred.

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.

D. The presence of any person within a designated area in violation of court imposed conditions of release or conditions of suspension or deferral of any sentence shall be a gross misdemeanor and any such person may be apprehended and arrested without the necessity for any warrant or additional court order. (Ord. 73 § 60, 1995).

9.05.610 Special offenses relative to minors.


9.68A.011    Definition.

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

9.68A.090    Communication with a 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.


12.78.030    Written consent required to supply airgun 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 rooms 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. 73 § 61, 1995).

9.05.620 Telephone credit cards.


9.26A.090    Telephone company credit cards – Publishing numbers or code – “Publishes” defined.

9.26A.100    Definition.

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. 73 § 62, 1995).

9.05.630 Theft and possession of stolen property.


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 identity of a machine.

9A.56.220    Theft of cable television services.

9A.56.230    Unlawful sale of cable 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. 73 § 63, 1995).

9.05.640 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. 73 § 64, 1995).

9.05.650 Trademarks and other marks.


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 words “sterling silver”, etc.

9.16.110    Use of words “coin silver”, etc.

9.16.120    Use of word “sterling” on mounting.

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

9.16.140    Unlawfully marking articles made of gold.

9.16.150    “Marked, stamped or branded”, defined.

(Ord. 73 § 65, 1995).

9.05.660 Trespass and prowling.


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; provided, that motor home shall also be covered by this provision.

9A.52.120    Computer trespass in the second degree.

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

(Ord. 73 § 66, 1995).

9.05.661 Vehicle trespass prohibited – Penalty.

A. A person is guilty of vehicle trespass if he or she knowingly enters or remains unlawfully in a vehicle belonging to another.

B. As used in this section:

1. The word “enter” shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand.

2. A person enters or remains unlawfully in or upon a vehicle when he or she is not licensed, invited, or otherwise privileged to so enter or remain.

C. Vehicle trespass is a misdemeanor. (Ord. 2019-589 § 1).

9.05.670 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. 73 § 68, 1995).

9.05.680 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. 73 § 69, 1995).

9.05.690 Violating right of privacy.


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    Same – Persons and activities excepted.

9.73.090    Police and fire personnel exempted from RCW 9.73.0309.73.080 – Standards.

9.73.100    Recordings available to defense counsel.

(Ord. 73 § 70, 1995).

9.05.700 Violation of court ordered probation.


12.150.010    Definitions.

12.150.020    Arrest without warrant.

(Ord. 73 § 71, 1995).

9.05.710 Weapons prohibited on certain liquor sale premises.

A. Pursuant to RCW 9.41.300(1)(d), it is unlawful for any person to enter that portion of an establishment classified by the State Liquor Control Board as off-limits to persons under 21 years of age when he or she knowingly possesses or knowingly has under his or her control a weapon. This section does not apply to any person identified in RCW 9.41.300(6) through (11).

B. Any person violating RCW 9.41.300(1)(d) is guilty of a gross misdemeanor.

C. For purposes of this section “weapon” means the same as defined in RCW 9.41.300(13).

D. Upon conviction, the weapon or instrument involved may be confiscated by order of the court and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property. (Ord. 2014-499 § 7; Ord. 73 § 73, 1995).

9.05.720 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 preempted by state or federal law or regulation such decision or preemption shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. 73 § 73, 1995).

9.05.730 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. 73 § 74, 1995).