Chapter 9.05 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.

RCW

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.

RCW

9A.08.010 General requirements of culpability.

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

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

(Ord. 73 § 9, 1995).

9.05.100 Defenses.

RCW

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.

RCW

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.

RCW

9.03.010 Abandoning, discarding refrigeration equipment.

9.03.020 Permitting unused equipment to remain on premises.

9.03.040 Keeping or storing equipment for sale.

(Ord. 73 § 12, 1995).

9.05.130 Advertising – Crimes relating to.

RCW

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.

RCW

66.04.010 Definitions.

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

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

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

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

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

66.32 Search and seizure; entire chapter.

66.44 Enforcement – Penalties; entire chapter.

(Ord. 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.

RCW

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.

RCW

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.

RCW

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.

RCW

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.

RCW

9.24.010 Fraud in stock subscription.

9.24.040 Corporation doing business without license.

(Ord. 73 § 31, 1995).

9.05.320 Custodial interference.

RCW

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.

RCW

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.

KCC

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.

RCW

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.

RCW

9A.72.010 Definitions.

9A.72.040 False swearing.

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

9A.72.060 Perjury and false swearing – Retraction.

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

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

9A.72.140 Jury tampering.

9A.72.150 Tampering with physical evidence.

(Ord. 73 § 40, 1995).

9.05.410 Fire alarms – Crimes relating to.

RCW

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.

RCW

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.

KCC

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.

RCW

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.

KCC

12.08.010 Impersonating members of public safety department.

12.08.020 Selling or disposing of police badges prohibited.

12.08.030 Possessing badge with intent to impersonate officer.

12.08.040 Intent to impersonate presumed.

12.08.050 Penalty for violation.

(Ord. 73 § 43, 1995).

9.05.440 Gambling offenses.

RCW

9.46.190 Violations relating to fraud or deceit.

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

9.46.195 Obstruction of public servant 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.

RCW

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.

RCW

9.47A.010 Definition.

9.47A.020 Unlawful inhalation – Exception.

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

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

9.47A.050 Penalty.

(Ord. 73 § 46, 1995).

9.05.470 Juries – Crimes relating to.

RCW

9.51.010 Misconduct of officer drawing jury.

9.51.020 Soliciting jury duty.

9.51.030 Misconduct of officer in charge of jury.

(Ord. 73 § 47, 1995).

9.05.480 Littering and pollution.

RCW

70.93.060 Littering.

(Ord. 73 § 48, 1995).

9.05.490 Miscellaneous crimes.

RCW

9.91.010 Denial of civil rights – Terms defined.

9.91.025 Unlawful bus conduct.

9.91.060 Leaving children unattended in parked automobile.

9.91.090 Fraudulent destruction of insured property.

9.91.110 Metal buyers – Records of purchases – Penalty.

9.91.130 Disposal of trash in charity donation receptacle.

(Ord. 73 § 49, 1995).

9.05.500 Misconduct in signing a petition.

RCW

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.

RCW

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.

RCW

9A.80.010 Official misconduct.

(Ord. 73 § 53, 1995).

9.05.540 Public disturbance.

RCW

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.

RCW

9.66.010 Public nuisance.

9.66.020 Unequal damage.

9.66.030 Maintaining or permitting nuisance.

9.66.040 Abatement of nuisance.

9.66.050 Deposit of unwholesome substance.

(Ord. 73 § 55, 1995).

9.05.560 Reckless burning and malicious mischief.

RCW

9A.48.010 Definitions.

9A.48.050 Reckless burning in the second degree.

9A.48.060 Reckless burning – Defense.

9A.48.090 Malicious mischief in the third degree.

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

(Ord. 73 § 56, 1995).

9.05.570 Roadside stands.

KCC

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.

RCW

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.

KCC

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.

KCC

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.

RCW

9.68A.011 Definition.

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

9.68A.090 Communication with 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.

KCC

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.

RCW

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.

RCW

9A.56.010 Definitions.

9A.56.020 Theft – Definition, defense.

9A.56.050 Theft in the third degree.

9A.56.060 Unlawful issuance of checks or drafts.

9A.56.100 Theft and larceny equated.

9A.56.140 Possessing stolen property – Definition – Access, devices, presumption.

9A.56.170 Possessing stolen property in the third degree.

9A.56.180 Obscuring 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.

RCW

9.16.030 Counterfeiting trademark, brand, etc.

9.16.040 Displaying goods with false trademark.

9.16.050 When deemed affixed.

9.16.060 Fraudulent registration of trademark.

9.16.070 Form and similitude defined.

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

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

9.16.100 Use of 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.

RCW

9A.52.010 Definitions.

9A.52.060 Making or having burglar tools.

9A.52.070 Criminal trespass in the first degree.

9A.52.080 Criminal trespass in the second degree.

9A.52.090 Criminal trespass – Defenses.

9A.52.100 Vehicle prowling in the second degree; 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.

RCW

9.73.010 Divulging telegram.

9.73.020 Opening sealed letter.

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

9.73.070 Same – Persons and activities excepted.

9.73.090 Police and fire personnel exempted from RCW 9.73.030 – 9.73.080 – Standards.

9.73.100 Recordings available to defense counsel.

(Ord. 73 § 70, 1995).

9.05.700 Violation of court ordered probation.

KCC

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).