Chapter 9.01
PRELIMINARY ARTICLE*
Sections:
9.01.020 Classification of crimes and penalties.
9.01.030 Anticipatory offenses.
9.01.040 Punishment—Statutes adopted by reference.
9.01.060 Criminal code preliminary article—Statutes adopted by reference.
* Prior history: Ord. 2004-11.
9.01.010 Preliminary article.
A. The sections of adopted RCWs as set forth as in this title, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded. In opting to adopt state statutes by reference in this title, only those crimes and offenses within the jurisdiction of the city are intended to be adopted and in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors is to be applied.
B. If any section, subsection, sentence, or provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of this chapter, or the application of the section, subsection, sentence, or provision to other persons or circumstances is not affected, and to this end, the sections, subsections, sentences, and provisions of this chapter are declared to be severable.
C. By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word “state” shall appear in any statute adopted by reference in this chapter, the word “city” shall be substituted therefor; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances that set forth administrative or licensing duties of the state and its subdivisions.
D. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter.
E. Any section of this chapter that is repealed or amended by ordinance shall remain in full force and effect until the effective date of the ordinance repealing or amending the section. Any state statute that is adopted by reference which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted in this chapter shall be given its full force and effect upon the effective date of its amendment or recodification.
F. Except as otherwise specifically provided herein, any person violating this title shall be guilty of a misdemeanor.
G. Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation thereof and a separate offense thereunder. (Ord. 2007-30 § 2, 2007: Ord. 97-33 § 1 (part), 1997)
9.01.020 Classification of crimes and penalties.
A. For the purpose of this title, RCW 9A.04.040, Classes of crimes, and RCW 9A.20.010, Classification and designation of crimes, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein.
B. For the purpose of this title, RCW 9A.20.020, Authorized sentences for crimes committed before July 1, 1984, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
C. For the purpose of this title, RCW 9A.20.021, Maximum sentences for crimes committed July 1, 1984, and after, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
1. Gross misdemeanor: maximum penalty is three hundred sixty-five days in jail and/or fine of five thousand dollars, or by both such imprisonment and fine.
2. Misdemeanor: maximum penalty is ninety days in jail and/or a fine of one thousand dollars, or by both such imprisonment and fine.
D. For the purpose of this title, RCW 9A.20.030, Alternative to a fine—Restitution, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
E. For the purpose of this title, “infraction” means a civil infraction pursuant to Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”) and any local rule adopted thereto by the Poulsbo municipal court.
F. For the purpose of this title, RCW 7.80.120, Monetary penalties—Restitution, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
1. Class 1, 2 and 3 civil infraction maximum penalties as set in Chapter 7.80 RCW. (Ord. 2007-30 § 3, 2007: Ord. 97-33 § 1 (part), 1997)
9.01.030 Anticipatory offenses.
The following statutes of the state of Washington are adopted by reference:
RCW
9A.28.020 Criminal attempt
9A.28.030 Criminal solicitation
9A.28.040 Criminal conspiracy
(Ord. 97-33 § 1 (part), 1997)
9.01.040 Punishment—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9.92 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
9.92.020 Punishment of gross misdemeanor when not fixed by statute
9.92.030 Punishment of misdemeanor when not fixed by statute
9.92.040 Punishment for contempt
(Ord. 2007-30 § 4, 2007: Ord. 2004-01 § 1, 2004: Ord. 97-33 § 1 (part), 1997)
9.01.050 Penalty.
A. Unless otherwise provided, any person violating any of the provisions of this title shall be guilty of a misdemeanor.
B. Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense.
C. Any person who fails to respond or appear on any violation of any provision of the Poulsbo Municipal Code set forth in this title shall be assessed a failure to respond or appear fee in the amount set forth in RCW 46.63.110(4), as the same now exists or as may be hereafter amended, which statute is incorporated herein by this reference as if fully set forth.
D. If a time pay agreement is requested, a fee of not to exceed ten dollars per charge or twenty-five dollars per payment plan may be imposed. (Ord. 2007-30 § 5, 2007: Ord. 97-33 § 1 (part), 1997)
9.01.060 Criminal code preliminary article—Statutes adopted by reference.
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9A.04 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
9A.04.080 Limitation of actions
(Ord. 2007-30 § 6, 2007: Ord. 97-33 § 1 (part), 1997)