CHAPTER 3
OFFENSES

SECTION:

6-3-1:    Adoption Of State Statutes By Reference

6-3-2:    Classification Of Offenses; Penalties

6-3-3:    Harassment

6-3-4:    Public Intoxication

6-3-5:    Urinating In Public

6-3-1 ADOPTION OF STATE STATUTES BY REFERENCE:

A.    Statutes of the state of Washington specified herein and as specified in ordinances codified in this code are adopted by reference as and for a portion of the penal code of the city of Roy, as if set forth in full, including the criminal/offense classification and penalty provisions applicable thereto unless a different classification and/or penalty is specifically provided for the particular sections of state statutes adopted by reference; provided, that the adoption of state statutes by reference shall not be construed or interpreted to vest in the city any authority or responsibility to prosecute felony offenses, and the adoption of state statutes which include felony provisions shall be limited to those provisions falling within the city’s authority, and such adoption, and the provisions being adopted, shall be construed and interpreted in accordance with the lawful authority of the city. The city also hereby adopts by reference, statutes of the Revised Code Of Washington specifying, defining, and relating to all of the crimes defined as gross misdemeanors or misdemeanors, as now enacted or hereafter amended or adopted, including, but not limited to, Revised Code Of Washington titles 9, 9A, 10, 13, 16, 46, 66, 68, 69 and 77. (Ord. 888, 3-25-2013)

6-3-2 CLASSIFICATION OF OFFENSES; PENALTIES1:

A.    Classification: Criminal offenses are classified as either gross misdemeanors or misdemeanors.

B.    Punishment For Offenses:

1. Any person violating any of the provisions of this chapter, unless specifically designated, is guilty of a misdemeanor.

2. Every person convicted of a misdemeanor shall be punished by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000.00), or by imprisonment for a maximum term fixed by the court of not more than ninety (90) days, or by both such imprisonment and fine.

3. Every person convicted of a gross misdemeanor shall be punished by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by imprisonment for a maximum term fixed by the court of not more than one year, or by both such imprisonment and fine. (Ord. 397, 5-13-1991)

4. Whenever anyone is convicted of an offense under any provision of this chapter, the court may impose the costs of prosecution in addition to the fine imposed and all such other remedies as are permitted by law. (Ord. 888, 3-25-2013)

6-3-3 HARASSMENT:

Pursuant to the authority contained in the Revised Code Of Washington 35A.12.140, the following sections of the Revised Code Of Washington chapters 9A.46 and 10.14, as now or hereafter amended, relating to harassment, are hereby adopted by this reference.

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

 

9A.46.900

Short title

 

9A.46.905

Effective date - 1985 c 288

 

9A.46.910

Severability - 1985 c 288

 

10.14.120

Disobedience of order - penalties

 

10.14.150

Jurisdiction

 

10.14.170

Criminal penalty

(Ord. 546, 5-26-1998)

6-3-4 PUBLIC INTOXICATION:

A.    A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. For the purposes of this section, a premises licensed or permitted under RCW 66.04.010(36) is a public place.

B.    It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.

C.    Except as provided by subsection E of this section, an offense under this section is a class 3 civil infraction (similar to RCW 66.44.100, opening or consuming liquor in a public place (chapter 7.80 RCW)).

D.    An offense under this section is not a lesser included offense under RCW 46.61.502 (DUI), 46.09.570 (DUI - ORV), 46.10.490 (DUI - Snowmobile).

E.    An offense under this section committed by a person younger than twenty-one (21) years of age is punishable in the same manner as if the minor committed an offense to which RCW 66.44.270, Minor in Possession of Alcohol, applies.

F.    "Public place" includes streets and alleys of incorporated cities and towns; state or county highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title; soft drink establishments; public buildings; public meeting halls; lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. (Ord. 959, 12-11-2017)

6-3-5 URINATING IN PUBLIC:

A.    A person is guilty of urinating in public if he intentionally urinates or defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public.

B.    As used in this section, a "public place" is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the ground enclosing them.

C.    An offense under this section is an infraction/nontraffic. (Ord. 1002, 5-23-2022)

1

See also section 1-4-1 of this code for general penalty.