Chapter 9.05
PRELIMINARY ARTICLE
Sections:
9.05.010 Preliminary statement.
9.05.020 Purposes – Principles of construction.
9.05.030 City criminal jurisdiction.
9.05.050 Punishment and restitution.
9.05.060 Limitation of action.
9.05.070 Proof beyond a reasonable doubt.
9.05.080 General provisions – Adoption by reference.
9.05.090 Principles of liability.
9.05.110 Anticipatory offenses.
9.05.010 Preliminary statement.
A. This chapter shall be known as, and may be cited as, the North Bend criminal code.
B. The provisions of this code shall apply to any offense committed on or after the effective date of the ordinance codified in this title.
C. The provisions of this code do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of the ordinance codified in this title, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing in the city at the time of the commission thereof in the same manner as if this code had not been enacted.
D. Notwithstanding the Revised Code of Washington (RCW) and the King County Code (KCC) sections that are specifically adopted by reference in this code, all other RCW and KCC sections that constitute misdemeanors or gross misdemeanors and all RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement and enforcement of misdemeanors or gross misdemeanors are hereby adopted by reference as currently enacted or as they may hereafter be amended or recodified and shall be given the same force and effect as if fully set forth herein. To the extent that any conflict exists among the terms of applicable RCW, KCC, or NBMC sections, the RCW section shall control. To the extent that any conflict exists between the terms of applicable KCC and NBMC sections, the NBMC section shall control.
E. Section captions are for organizational purposes only and shall not be construed as part of this code. (Ord. 1744 § 2, 2021; Ord. 992 § 1 (part), 1996).
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. 992 § 1 (part), 1996).
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. 992 § 1 (part), 1996).
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. 992 § 1 (part), 1996).
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 (1) 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 ninety (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 twenty-four (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 forty (40) hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.
D. The court may impose restitution as provided in RCW 9A.20.030.
E. In the event there is a conflict in the penalties which can be imposed upon conviction for a specific offense between the provisions of the North Bend criminal code and the Revised Code of Washington, the penalty provisions of the Revised Code of Washington shall apply. (Ord. 992 § 1 (part), 1996).
9.05.060 Limitation of action.
A. A gross misdemeanor, or a crime not otherwise classified, may not be prosecuted more than two (2) years after its commission. A misdemeanor may not be prosecuted more than one (1) 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 is 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. 992 § 1 (part), 1996).
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. 992 § 1 (part), 1996).
9.05.080 General provisions – Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
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. 992 § 1 (part), 1996).
9.05.090 Principles of liability.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another –Complicity.
9A.08.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf.
(Ord. 992 § 1 (part), 1996).
9.05.100 Defenses.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.12.010 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. 992 § 1 (part), 1996).
9.05.110 Anticipatory offenses.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
(Ord. 992 § 1 (part), 1996).