Chapter 8.02
GENERAL PROVISIONS
Sections:
8.02.010 Title—Effective date—Application—Severability.
8.02.015 Adoption by reference—Automatic amendments.
8.02.020 Classification of penalties.
8.02.025 Principles of liability.
8.02.030 Limitation of actions.
8.02.070 Violations of a continuing nature.
8.02.080 Description of offense.
8.02.010 Title—Effective date—Application—Severability.
(a) The ordinance codified in this title, hereinafter referred to as “this title,” shall be known and may be cited as the Othello criminal code and shall become effective January 23, 2023.
(b) The provisions of this title shall apply to any offense which is defined in this title or the general ordinances, committed on or after the effective date of the ordinance codified in this title, unless otherwise expressly provided or unless the context otherwise requires.
(c) The provisions of this title do not apply to nor govern the construction of and punishment for any offense committed prior to the effective date of the ordinance codified in this title. Such an offense shall be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted.
(d) Severability. If any provision of this title is held invalid, such invalidity shall not affect any other provision, or the obligation thereof, which can be given effect without the inviolate provision or application, and to this end the provisions of this title are declared to be severable. (Ord. 1593 § 1, 2023).
8.02.015 Adoption by reference—Automatic amendments.
Statutes of the Revised Code of Washington specified anywhere in this code are adopted by reference as if set forth in full. Any amendment or repeal by the Washington State Legislature of any statute adopted in this code shall be deemed to automatically amend this code in conformity therewith and it shall not be necessary for the city council to take any action with respect to such amendments or repeals.
The following laws of the state of Washington are adopted as local laws of the city of Othello:
(a) RCW Title 9, except so much thereof as relates to felony crimes and does not pertain to misdemeanor and gross misdemeanor offenses;
(b) RCW Title 9A, except so much thereof as relates to felony crimes and does not pertain to misdemeanor and gross misdemeanor offenses;
(c) RCW Title 66;
(d) RCW Title 69, Chapters 69.40, 69.41, 69.50 RCW, except so much thereof as relates to felony crimes and does not pertain to misdemeanor and gross misdemeanor offenses. (Ord. 1593 § 1, 2023).
8.02.020 Classification of penalties.
Any person convicted of violating the provisions of any criminal or civil ordinance of the city of Othello shall be penalized as set forth below:
(a) General Penalty. Whenever the performance of any act is specifically prohibited or required by any law or section within this code and no penalty for violating such law or section is imposed, the penalty for performance of such required act or omission shall be a civil infraction.
(b) Gross Misdemeanor. Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars or by both such imprisonment and fine (RCW 9.92.020).
(c) Misdemeanor. Every person convicted of a misdemeanor for which no punishment is prescribed by any statute in force at the time of conviction and sentence shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars or by both such imprisonment and fine (RCW 9.92.030).
(d) Civil Infraction. Unless otherwise provided by law or this code, a person found guilty of committing a civil infraction under this code shall be subject to a monetary fine of not more than two hundred fifty dollars, plus any other assessments allowed by law.
(e) Civil Violation. Every person found to have committed a civil violation of the Othello Municipal Code will be penalized as set forth in Sections 1.10.020 and 1.10.030. (Ord. 1593 § 1, 2023).
8.02.025 Principles of liability.
The following statutes of the state of Washington are adopted by reference and made a part of this code: RCW 9A.08.010 (general requirements of culpability); 9A.08.020 (liability for conduct of another, complicity); and 9A.08.030 (criminal liability of corporations and persons acting under a duty to act in their behalf). (Ord. 1593 § 1, 2023).
8.02.030 Limitation of actions.
(a) Prosecutions for misdemeanors which are not commenced within one year after the commission of the offense shall be barred; provided, that where a complaint has been filed within the time limit for the commencement of a criminal action, if the complaint is set aside, the time limitation herein provided shall be extended by the length of time from the time of filing such complaint to the time such complaint was set aside.
(b) Prosecutions for gross misdemeanors which are not commenced within two years after the commission of the offense shall be barred; provided, that where a complaint has been filed within the time limit for the commencement of a criminal action, if the complaint is set aside, the time limitation herein provided shall be extended by the length of time from the time of filing such complaint to the time such complaint was set aside. (Ord. 1593 § 1, 2023).
8.02.040 Definitions.
Unless a different meaning is clearly indicated, the following words shall have the following meanings for the purpose of this title:
(a) Intent. A person acts with “intent,” or intentionally, when he acts with the objective or purpose of accomplishing a result which constitutes a crime. For the purpose of this title, it is presumed that a person intends the natural and probable consequences of his acts, though this presumption is rebuttable by other competent evidence.
(b) Knowledge. A person knows or acts knowingly or with “knowledge” when:
(1) He is aware of facts, circumstances or results described by an ordinance defining an offense; or
(2) He has information which would lead a reasonable person in the same situation to believe that facts exist, which facts are described by an ordinance defining an offense.
(c) “Malice” and “maliciously” import an evil intent, wish or design to vex, annoy, or injure another person.
(d) “Peace officer” means a duly appointed city, county or state law enforcement officer.
(e) “Person” includes natural persons of either sex, and where relevant, associations, firms, partnerships and corporations.
(f) “Property” means anything of value whether tangible or intangible, real or personal.
(g) “Public officer” means a person holding office under city government who performs a public function and in so doing is vested with the exercise of some sovereign power of government.
(h) Common law supplements all sections throughout this title. Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and the singular shall include the plural; and the plural shall include the singular.
(i) As applicable, the definitions in RCW Titles 9 and 9A, as may be amended from time to time, apply throughout this title. (Ord. 1593 § 1, 2023).
8.02.050 Attempts.
(a) A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.
(b) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.
(c) An attempt to commit a crime is a misdemeanor when the crime attempted is a gross misdemeanor or misdemeanor. (Ord. 1593 § 1, 2023).
8.02.060 Aiding and abetting.
Every person who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit a misdemeanor or gross misdemeanor is a principal and shall be proceeded against and, upon conviction, shall be punished as such. (Ord. 1593 § 1, 2023).
8.02.070 Violations of a continuing nature.
For any violation of this title which is of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the penalties provided for each offense. (Ord. 1593 § 1, 2023).
8.02.080 Description of offense.
In describing any offense under this title, it shall be sufficient to state the offense in the words of this title or in any words of like effect. (Ord. 1593 § 1, 2023).