Chapter 8.05 CRIMINAL CODE

C. The provisions of this Code do not apply to, or govern the construction of and punishment for any offense committed prior to February 28, 1990, 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 then-unincorporated area of King County at the time of the commission thereof in the same manner as if this Code had not been enacted.

D. If any provision of this Code, or its application to any person or circumstance is held invalid, the remainder of the Code, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this Code are declared to be severable.

E. Section captions are for organizational purposes only and shall not be construed as part of this Code. (Ord. 90-1029 § 1)

8.05.020 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;

4. To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.

B. The provisions of this chapter 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 chapter. (Ord. 90-1029 § 2)

8.05.030 City criminal jurisdiction.

Any person who commits within the corporate limits of the City any crime, in whole or in part, is liable to arrest and punishment. (Ord. 90-1029 § 3)

8.05.040 Classes of crimes.

A. An offense defined by this Code, for which a sentence of imprisonment is authorized, constitutes a violation of City ordinance and a crime. For purposes of this Code, the two terms shall have the same meaning and may be used interchangeably. Violations of City ordinances are classified as gross misdemeanors, or misdemeanors.

B. A violation of a City ordinance is a gross misdemeanor, if not otherwise designated by this Code, and if persons convicted thereof may be sentenced to imprisonment for a term not in excess of one (1) year. A violation of City ordinance is a misdemeanor, if so designated in this Code, and if persons convicted thereof may be sentenced to imprisonment for a term not in excess of ninety (90) days. (Ord. 90-1029 § 4)

8.05.050 People capable of committing crimes – Capability of children.

Children under the age of eight years are incapable of committing a crime. Children of eight and under twelve years of age are presumed to be incapable of committing a crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, he or she may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct his or her examination by one or more physicians, whose opinion shall be competent evidence upon the question of his or her age. (Ord. 90-1029 § 4)

8.05.060 Personal jurisdiction.

Every person, regardless of whether or not an inhabitant or resident of the City, may be tried and punished under this Code for any violation of City ordinance committed by him or her within the corporate limits of the City. (Ord. 90-1029 § 5)

8.05.070 Limitation of action.

A. No violation of City ordinance which is classified as a gross misdemeanor may be prosecuted more than two (2) years after its commission. No violation of City ordinance classified as a misdemeanor may be prosecuted more than one (1) year after its commission.

B. The periods of limitation prescribed herein do not run during any time when the person charged is not usually and publicly resident within this State.

C. If, before the end of a period of limitation prescribed herein, a complaint or an information has been filed, and the complaint or information is set aside, then the period of limitation is extended by a period equal to the length of time from the filing to the setting aside. (Ord. 90-1029 § 6)

8.05.080 Proof beyond a reasonable doubt.

A. Every person charged with a violation of a City ordinance is presumed innocent unless proved guilty. No person may be convicted of such a violation unless each element of such crime is proved by competent evidence beyond a reasonable doubt.

B. When a violation of City ordinance has been proven against a person, and there exists a reasonable doubt as to which of two or more degrees he or she is guilty, such person shall be convicted only of the lowest degree. (Ord. 90-1029 § 7)

8.05.090 Definitions.

Section 9A.04.110 of the Washington Criminal Code, as now in effect, and as may subsequently be amended, is hereby adopted by reference as the definitions section of the SeaTac Criminal Code. (Ord. 90-1029 § 8)

8.05.095 Non-appearance after written promise.

Any person who, after having been issued a citation for a criminal traffic or criminal non-traffic violation by a law enforcement officer or by any other person authorized to issue criminal citations or complaints under law and where the person so charged signed a written promise to appear in court at a specific date and time or as otherwise indicated on the citation or complaint, fails to appear in court at the date and time so indicated shall be guilty of a misdemeanor regardless of the disposition of the charge with which he or she was originally cited.

Violation of this section shall be punishable by imprisonment in jail for a period of up to ninety (90) days or a fine in the amount up to one thousand dollars ($1,000.00) or both such jail and fine. (Ord. 95-1005 § 1)

8.05.100 Principles of liability.

The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference as the principles of liability of the SeaTac Criminal Code:

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. 90-1029 § 9)

8.05.110 Defense of insanity.

Section 9A.12.010 of the Washington Criminal Code, as now in effect, and as may subsequently be amended, is hereby adopted by reference as the defense of insanity section of the SeaTac Criminal Code. (Ord. 90-1029 § 10)

8.05.120 Defenses.

The following sections of the Washington Criminal Code, as now in effect, and as may subsequently be amended, are hereby adopted by reference as defenses to culpability under the SeaTac Criminal Code:

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. 90-1029 § 11)

8.05.130 Punishment.

A. Every person convicted of violating a City ordinance classified as a gross misdemeanor, or not otherwise classified, shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both such imprisonment and fine.

B. Every person convicted of violating a City ordinance classified as a misdemeanor, shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000.00), or by both such imprisonment and fine. (Ord. 90-1029 § 12)

8.05.140 Restitution.

Section 9A.20.030 of the Washington Criminal Code, as now in effect, and as may subsequently be amended, is hereby adopted by reference to provide for restitution as an alternative to a fine under the SeaTac Criminal Code. (Ord. 90-1029 § 13)

II. Crimes and Offenses Against Government and Other Public Entities

8.05.145 Obstructing law enforcement officers.

A. A person is guilty of obstructing a law enforcement officer if the person:

1. Willfully makes a false or misleading statement to a law enforcement officer who has detained the person during the course of a lawful investigation or lawful arrest; or

2. Willfully hinders, delays or obstructs any law enforcement officer in the discharge of his or her official powers or duties.

B. “Law enforcement officer” means any general authority, limited authority, or specially commissioned Washington peace officer or Federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.

C. Obstructing a law enforcement officer is a gross misdemeanor. (Ord. 94-1020 § 1; Ord. 94-1003 § 2)

8.05.150 Obstructing governmental operation.

A. The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes relating to obstructing governmental operation under the SeaTac Criminal Code:

9A.76.010 Definitions.

9A.76.030 Refusing to summon aid for a peace officer.

9A.76.040 Resisting arrest.

9A.76.050 Rendering criminal assistance – Definition of term.

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.

B. The following sections of RCW Title 9, as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish additional crimes relating to obstructing governmental operation under the SeaTac Criminal Code:

9.62.010 Malicious prosecution.

9.62.020 Instituting suit in name of another.

(Ord. 94-1003 § 1; Ord. 90-1029 § 24)

8.05.160 Official misconduct.

The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of official misconduct under the SeaTac Criminal Code:

9A.80.010 Official misconduct.

(Ord. 90-1029 § 25)

8.05.170 Competitive bidding.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to competitive bidding under the SeaTac Criminal Code:

9.18.120 Suppression of competitive bidding.

9.18.130 Collusion to prevent competitive bidding.

9.18.140 Penalty.

(Ord. 90-1029 § 45)

8.05.180 Contempt and interference of court.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes relating to contempt and interference with courts under the SeaTac Criminal Code:

9.23.010 Criminal contempt.

9.27.015 Interference, obstruction of any court, building, or residence – Violations.

(Ord. 90-1029 § 46)

8.05.190 Crimes relating to fire alarms.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to fire alarms under the SeaTac Criminal Code:

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. 90-1029 § 50)

8.05.200 Crimes relating to false alarms.

Repealed by Ord. 03-1029. (Ord. 90-1029 § 51)

8.05.210 Misconduct in signing a petition.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of misconduct in signing a petition under the SeaTac Criminal Code:

9.44.080 Misconduct in signing a petition.

(Ord. 90-1029 § 53)

8.05.220 Political signs and posters.

Repealed by Ord. 02-1023. (Ord. 90-1029 § 65)

8.05.221 Signs and posters – Prohibited.

Repealed by Ord. 02-1023. (Ord. 91-1038 § 1)

8.05.222 Signs and posters – Exceptions.

Repealed by Ord. 02-1023. (Ord. 91-1038 § 2)

8.05.223 Signs and posters – Criminal violations.

Repealed by Ord. 02-1023. (Ord. 91-1038 § 3)

8.05.224 Signs and posters – Assessment of civil penalties.

Repealed by Ord. 02-1023. (Ord. 91-1038 § 4)

8.05.230 Registration of felons.

The following sections of the King County Code now in effect, and as may subsequently be amended, are hereby adopted by reference to require registration of felons under the SeaTac Criminal Code, except that the terms “King County” and “County” shall refer to the City:

12.130.010 Time limit and information required for report to sheriff – Photograph and fingerprints.

12.130.020 Sheriff to be notified of change of address.

12.130.030 Disclosure of information unlawful.

12.130.040 Unlawful to fail to furnish or to falsify information.

12.130.050 Persons immune to code requirements.

12.130.060 Violation – Misdemeanor – Each day as separate.

(Ord. 90-1029 § 68)

8.05.240 Violation of court ordered probation.

The following sections of the King County Code now in effect, and as may subsequently be amended, are hereby adopted by reference to provide for arrest upon violation of court ordered probation under the SeaTac Criminal Code and the provisions thereof shall also apply to suspensions or deferrals of sentence by the Municipal Court of the City:

12.150.010 Definitions.

12.150.020 Arrest without warrant.

(Ord. 90-1029 § 69)

8.05.250 Defrauding a public utility.

The new chapter of the Washington Criminal Code adopted by Chapter 109, Laws of 1989, as now in effect, and as may subsequently be amended, is hereby adopted to establish the crime of defrauding a public utility under the SeaTac Criminal Code, as follows:

A. The definitions set forth herein apply to the crime of defrauding a public utility.

1. “Customer” means the person in whose name a utility service is provided.

2. “Divert” means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility.

3. “Person” means an individual, partnership, firm, association, or corporation or government agency.

4. “Reconnection” means the commencement of utility service to a customer or other person after service has been lawfully disconnected by the utility.

5. “Tamper” means to rearrange, injure, alter, interfere with, or otherwise prevent from performing the normal or customary function.

6. “Utility” means an electrical company, gas company, or water company as those terms are defined in RCW 80.04.010, and includes an electrical, gas, or water system operated by a public agency.

7. “Utility service” means the provision of electricity, gas, water, or any other service or commodity furnished by the utility for compensation.

B. “Defrauding a public utility” means to commit, authorize, solicit, aid, abet, or attempt to:

1. Divert, or cause to be diverted, utility services by any means whatsoever;

2. Make, or cause to be made, a connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;

3. Prevent a utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;

4. Tamper with property owned or used by the utility to provide utility services; or

5. Use or receive the direct benefit of all or a portion of the utility services; or knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use and that the use or receipt was without the authorization or consent of the utility.

C. A person is guilty of defrauding a public utility in the third degree if the utility service diverted or used is five hundred dollars ($500.00) or less in value or a connection or reconnection has occurred without authorization or consent of the utility. Defrauding a public utility in the third degree is a gross misdemeanor.

D. In any prosecution for defrauding a public utility, the court may require restitution from the defendant as provided in this chapter, plus court costs plus the costs incurred by the utility on account of the bypassing, tampering, or unauthorized reconnection, including, but not limited to costs and expenses for investigation, disconnection, reconnection, service calls, and expert witnesses.

E. Restitution ordered or fines imposed under this chapter do not preclude a utility from collecting damages under RCW 80.28.240 to which it may be entitled. (Ord. 90-1029 § 22)

8.05.255 Causing unnecessary emergency response.

It shall be unlawful for any person to intentionally and maliciously engage in any activity or take any action which causes or is likely to cause the needless or unnecessary expenditure of emergency response resources of the City or of any public or private emergency response organization. A violation of this section shall constitute and be punishable as a misdemeanor. (Ord. 93-1031 § 1)

III. Public Offenses or Crimes

8.05.260 Anticipatory offenses.

The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference as anticipatory offenses under the SeaTac Criminal Code:

9A.28.020 Criminal attempt.

9A.28.030 Criminal solicitation.

9A.28.040 Criminal conspiracy.

(Ord. 90-1029 § 14)

8.05.270 False swearing and tampering.

The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes false swearing and tampering under the SeaTac Criminal Code:

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.72.085 Matters in official proceeding required to be supported, etc., by sworn statement, etc., may be supported, etc., by unsworn statement, etc., may be supported etc., by unsworn written statement, etc., – Requirements of unsworn statement, form.

9A.72.140 Jury tampering.

9A.72.150 Tampering with physical evidence.

(Ord. 90-1029 § 23)

8.05.280 Public disturbance.

A. The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to public disturbance under the SeaTac Criminal Code:

9A.84.010 Criminal mischief.

9A.84.020 Failure to disperse.

9A.84.040 False reporting.

B. Disorderly Conduct.

1. A person is guilty of disorderly conduct if the person:

a. Uses abusive language and thereby intentionally creates a risk of assault;

b. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;

c. Intentionally obstructs vehicular or pedestrian traffic without lawful authority;

d. i. Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred (500) feet of:

(A) The location where a funeral or burial is being performed;

(B) A funeral home during the viewing of a deceased person;

(C) A funeral procession, if the person described in this subsection (1)(d) of this section knows that the funeral procession is taking place; or

(D) A building in which a funeral or memorial service is being conducted; and

ii. knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service; or

e. Intentionally engages in fighting in a public place, or quarreling or inciting or encouraging others to fight in a public place.

2. The following definitions shall apply in this section:

a. “Lawful authority” includes but is not limited to oral permission, or a permit or license when issued by a person or entity with authority to issue the permission, permit, or license, or a court order or authorization issued by a court of proper jurisdiction.

b. “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie, grasp a person, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact, and shall also include action which is intended to prohibit or delay vehicular or pedestrian traffic from entering a public or private place; provided, that an act which is specifically authorized by a State or Federal court with jurisdiction and which has been determined by the court to be a valid exercise of one’s right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic.

c. “Public place” means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including places that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (Ord. 17-1001 § 1; Ord. 98-1039 § 1: Ord. 90-1029 § 26)

8.05.290 Public nuisances.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to public nuisances under the SeaTac Criminal Code:

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. 90-1029 § 56)

8.05.300 Indecent exposure.

The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of indecent exposure under the SeaTac Criminal Code:

9A.88.010 Indecent exposure.

(Ord. 90-1029 § 27)

8.05.305 Public sexual contact.

A. The following words and phrases shall have the following definitions for the purposes of this code:

1. “Exhibitionism” means exposure of sexual organs in public;

2. “Public sexual contact” means any touching of the sexual or intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party, in areas open to the public, including City parks and recreational facilities;

3. “Solicitation” means to approach with an offer or request of sexual intercourse or sexual contact;

4. “Voyeurism” means, for purposes of this section and SMC 2.45.575 only, the making of “photographs” or “films” or conducting “surveillance” or “views”, as those terms are defined in RCW 9A.44.115, which are incorporated herein by this reference, in a public restroom or bathhouse.

B. It is unlawful for any person to engage in sexual intercourse, public sexual contact, exhibitionism, voyeurism, or indecent exposure in a public restroom or bathhouse, or a place, area, or facility open to public use or open to public view and observation.

C. It is unlawful for any person to engage in solicitation in a public restroom or bathhouse.

D. It is unlawful for any person to loiter in or about a public restroom or bathhouse, or a place, area, or facility open to public use or open to public observation and view in a manner and under circumstances manifesting the purpose to engage in any act in violation of this section.

E. A violation of this section is a misdemeanor. (Ord. 00-1044 § 3).

8.05.310 Crimes relating to animals.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to animals under the SeaTac Criminal Code:

9.08.020 Diseased animals.

9.08.030 False certificate of registration of animals – False representation as to breed.

9.08.070 Dogs – Taking, concealing, injuring, killing, etc. – Penalty.

(Ord. 90-1029 § 43)

8.05.320 Trademarks and other marks.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to trademarks and other marks under the SeaTac Criminal Code:

9.16.010 Removing lawful brands.

9.16.020 Imitating lawful brand.

9.16.030 Counterfeiting trademark, brand, etc.

9.16.040 Displaying goods with false trademark.

9.16.050 When deemed affixed.

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. 90-1029 § 44)

8.05.330 False representations.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to false representations under the SeaTac Criminal Code:

9.38.010 False representation concerning credit.

9.38.020 False representation concerning title.

(Ord. 90-1029 § 49)

8.05.340 Gambling offenses.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to gambling under the SeaTac Criminal Code:

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.

9.46.230 Seizure and disposition of gambling devices – Owning, buying, selling, etc. gambling devices or records – Penalty.

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. 90-1029 § 54)

8.05.350 Body studios.

The following sections of the King County Code now in effect, and as may subsequently be amended are hereby adopted by reference to prohibit and establish crimes relating to body studios, under the SeaTac Criminal Code:

12.56.010 Defined.

12.56.020 Operation prohibited.

12.56.030 Penalty.

(Ord. 90-1029 § 63)

8.05.360 Noise.

A. General Prohibition. It is unlawful for any person to cause, or for any person in possession of property to 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 as a warning of danger or as specifically permitted or required by law.

2. The creation of frequent, repetitive, or continuous sounds in connection with the starting, 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 at any time and place, particularly between the hours of 10:00 p.m. and 8:00 a.m., 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, condominium, or real property, which unreasonably disturbs or interferes with the peace and comfort of owners or possessors of other 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, compact disc players or sound amplifier system, operated at a volume so as to be audible greater than fifty (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 fifty (50) feet from the source.

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 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends.

9. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to sounds from lawn mowers, powered hand tools, snow removal equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends.

C. Exclusion. This section shall not apply to:

1. Regularly scheduled events at schools or parks, such as public address systems for baseball games or park concerts.

2. Events specifically permitted by the City, such as parades or festivals.

3. Sounds created by emergency equipment and emergency work necessary in the interest of law enforcement or of the health, safety, or welfare of the community.

D. Penalty. Any person who violates the provisions of this section shall be subject to a civil fine not to exceed two hundred fifty dollars ($250.00) for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. (Ord. 02-1031 § 1; Ord. 00-1006 § 1: Ord. 90-1029 § 66)

8.05.370 Alcoholic beverage control.

The following chapters and sections of RCW Title 66 now in effect, and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding alcoholic beverages under the SeaTac Criminal Code:

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.

66.20.190 Identification card holder may be required to sign certification card – Contents – Procedure – Statement.

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

66.20.210 Licensee’s immunity to prosecution or suit – Certification card as evidence of good faith.

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

66.32 Search and Seizure.

66.44 Enforcement – Penalties.

(Ord. 90-1029 § 70)

8.05.380 Controlled substances.

A. The following sections of RCW Title 69 now in effect, and as may subsequently be amended, are hereby adopted by reference to establish regulations and crimes regarding controlled substances under the SeaTac Criminal Code:

69.41.030 Knowing possession or use of legend drugs.

69.50.101 Definitions.

69.50.4011 Knowing possession or use of counterfeit substance.

69.50.4013 Knowing possession or use of controlled substance.

69.50.4014 Knowing possession of 40 grams or less of cannabis.

69.50.4121 Relating to drug paraphernalia.

69.50.420 Violations – Juvenile driving privileges.

69.50.505 Seizure and forfeiture.

69.50.509 Issuance of warrant and seizure of controlled substance.

B. Possession of drug paraphernalia shall be a civil infraction as adopted by reference under Chapter 69.50 RCW and as may be subsequently amended.

C. Drug-Related Loitering.

1. It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the intent to engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or 69.52 RCW.

2. Among the circumstances which may be considered in determining whether such intent is manifested are:

a. Such person is a known unlawful drug user, possessor, or seller. For purposes of this chapter, a “known unlawful drug user, possessor, or seller” is a person who has been convicted in any court within this state of any violation involving the use, possession, or sale of any of the substances referred to in Chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or a person who possesses drug paraphernalia as defined in subsection B of this section;

b. Such person is currently subject to an order prohibiting his/her presence in a high drug activity geographic area;

c. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including by way of example only, such person acting as a “lookout”;

d. Such person is physically identified by the officer as a member of a “gang,” or association which has as its purpose illegal drug activity;

e. Such person transfers small objects or packages for currency in a furtive fashion;

f. Such person takes flight upon the appearance of a police officer;

g. Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;

h. The area involved is by public repute known to be an area of unlawful drug use and trafficking;

i. The premises involved are known to have been reported to law enforcement as a place suspected of drug activity pursuant to Chapter 69.52 RCW;

j. Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or person for whom there is an outstanding warrant for a crime involving drug-related activity.

Unlawful drug loitering shall be a gross misdemeanor.

D. Designation of Anti-Drug Emphasis Area. The following described areas of the City are designated to be anti-drug emphasis areas and enhanced penalties shall be applied in event of conviction of any controlled substance violations, possession of drug paraphernalia or drug loitering within the said areas, pursuant to this section, in order to assure elimination of all drug-related activity within these areas:

1. An area coterminous with SR-99 from the intersection thereof with South 216th Street, as a southerly boundary, to the intersection thereof with South 152nd Street, as a northerly boundary, and extending for three (3) blocks to the east of the easterly margin of SR-99 along the said length thereof and extending for three (3) blocks to the west of the westerly margin of SR-99 along the said length thereof.

2. An area coterminous with Military Road South from the intersection thereof with SR-99, as a southerly boundary, to the intersection thereof with South 128th Street, as a northerly boundary, and extending for three (3) blocks to the east of the easterly margin of Military Road South along the said length thereof, and extending for three (3) blocks to the west of the westerly margin of Military Road South along the said length thereof.

3. An area coterminous with South 200th Street from the intersection thereof with Des Moines Memorial Drive, as a westerly boundary, to the intersection thereof with 32nd Avenue South, as an easterly boundary, and extending for three (3) blocks to the south of the southerly margin of South 200th Street along the said length thereof and extending for three (3) blocks to the north of the northerly margin of South 200th Street along the said length thereof.

4. An area conterminous with South 188th Street from the intersection thereof with the Alaska Service Road, as a westerly boundary, to the intersection thereof with Military Road South, as an easterly boundary, and extending for three (3) blocks to the south of the southerly margin of South 188th Street along the said length thereof, and extending for three (3) blocks to the north of the northerly margin of South 188th Street along said length thereof.

5. An area coterminous with South 176th Street from the intersection thereof with SR-99, as westerly boundary, to the intersection thereof with 40th Avenue South, as an easterly boundary, and extending for three (3) blocks to the south of the southerly margin of South 176th Street along the said length thereof and extending for three (3) blocks to the north of the northerly margin of South 176th Street along said length thereof.

6. An area coterminous with South 172nd Street from the intersection thereof with 31st Place South, as a westerly boundary, to the intersection thereof with Military Road South, as an easterly boundary, and extending along said length thereof.

7. An area coterminous with South 162nd Street from the intersection thereof with 32nd Avenue South, as a westerly boundary, to the intersection thereof with Military Road South, as an easterly boundary, and extending along said length thereof.

8. An area coterminous with South 208th Street, the intersection thereof with 24th Avenue South, as a westerly boundary, to the intersection thereof with Interstate Highway 5, as the easterly boundary, and extending along said length thereof.

9. An area coterminous with 204th Street from its intersection with the boundary of the Port of Seattle property, as a westerly boundary, to the intersection thereof with Interstate Highway 5, as an easterly boundary, and extending along said length thereof.

10. An area coterminous with South 192nd Street from the intersection thereof with the boundary of the Port of Seattle property, as a westerly boundary, to the intersection thereof with Interstate Highway 5, as an easterly boundary, and extending along said length thereof.

11. An area coterminous with South 180th Street from the intersection thereof with 32nd Avenue South, as a westerly boundary, to the 3600 block area of South 180th Street, as easterly boundary, and extending along said length thereof.

12. An area coterminous with South 150th Street from the intersection thereof with 22nd Avenue South, as a westerly boundary, to the intersection thereof with Military Road South, as an easterly boundary, and extending along said length thereof.

13. An area coterminous with South 146th Street from the intersection thereof with 16th Avenue South, as a westerly boundary, to the intersection thereof with Military Road South, as an easterly boundary, and extending along said length thereof.

14. An area coterminous with Military Road from the intersection thereof with the southerly boundary of the city limits, as a southerly boundary, to the intersection thereof with the northerly boundary of the city limits, as a northerly boundary, and extending along said length thereof.

15. An area coterminous with Des Moines Memorial Drive from the intersection thereof with the southerly boundary of the city limits, as a southerly boundary, to the intersection thereof with the northerly boundary of the city limits, as a northerly boundary, and extending along said length thereof.

16. Any other area found by the Judge of the Municipal Court to warrant designation as an anti-drug emphasis area when specifically set forth and identified in a court order naming particular defendant.

E. Violations of Conditions of Release or Conditions of Suspension as Separate Crime. The presence of any person within an anti-drug emphasis area in violation of court-imposed conditions of release or conditions of suspension or deferral of any sentence shall constitute a separate crime hereby designated a gross misdemeanor and any such person may be apprehended and arrested without the necessity for any warrant or additional court order. Upon conviction, any person so violating the conditions of release or conditions of suspension or deferral shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or both such imprisonment and fine. (Ord. 23-1018 § 1; Ord. 00-1007 § 1; Ord. 98-1039 § 2: Ord. 92-1051 § 1: Ord. 90-1029 § 71)

8.05.390 Miscellaneous crimes.

The following sections of RCW Title 9 now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the following miscellaneous crimes under the SeaTac Criminal Code:

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.

9.91.140 Unlawful sale, purchase or acquisition of food stamps.

(Ord. 96-1015 § 1: Ord. 90-1029 § 67)

IV. Personal Offenses or Crimes

8.05.400 Assault and other crimes involving physical harm.

A. Assault in the Fourth Degree. A person is guilty of assault in the fourth degree when that person:

1. With unlawful force and with intent touches, strikes, cuts or shoots the person or body of another, regardless of whether any actual physical harm is done to the other person; or

2. Acts with unlawful force and with intent to inflict bodily injury upon another, tending but failing to accomplish it and such act is accompanied with the present ability to inflict the bodily injury if not prevented. It is not necessary for a conviction under this subsection that bodily injury be inflicted, but it is sufficient if a reasonable apprehension and fear of bodily injury is created in another; or

3. Acts with unlawful force and with intent to create in another a reasonable apprehension and fear of bodily injury even though he or she does not intend to inflict bodily injury.

Assault in the fourth degree is a gross misdemeanor.

B. The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish other crimes involving physical harm under the SeaTac Criminal Code:

9A.36.050 Reckless endangerment in the second degree.

9A.36.070 Coercion.

9A.42.010 Abandonment of dependent persons.

(Ord. 98-1039 § 3: Ord. 96-1015 § 2: Ord. 90-1029 § 15)

8.05.410 Sexual offenses.

The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish sexual offenses under the SeaTac Criminal Code:

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.

(Ord. 90-1029 § 16)

8.05.420 Sexually explicit material.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of displaying sexually explicit material under the SeaTac Criminal Code:

9.68.130 “Sexually explicit material” – Defined – Unlawful display.

(Ord. 90-1029 § 57)

8.05.430 Harassment.

A. The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of harassment under the SeaTac Criminal Code:

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.

10.14.120 Disobedience of order – Penalties.

10.14.170 Criminal penalty.

Chapter 10.99 RCW Domestic Violence

B. The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish additional crimes of harassment under the SeaTac Criminal Code:

9.61.230 Telephone calls to harass, intimidate, torment, or 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. 94-1009 § 1; Ord. 90-1040 § 1; Ord. 90-1029 § 17)

8.05.440 Inhaling toxic fumes.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to the inhaling of toxic fumes under the SeaTac Criminal Code:

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. 90-1029 § 55)

8.05.450 Special offenses relative to minors.

A. The following sections of RCW Titles 9 and 9A as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish special crimes involving minors under the SeaTac Criminal Code:

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 office – Penalty.

9A.40.070 Custodial interference in the second degree.

9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted.

B. The following sections of the King County Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to further establish special crimes involving minors under the SeaTac Criminal Code:

12.78.030 Written consent required to supply air gun or 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. 98-1027 § 1; Ord. 90-1029 § 58)

8.05.460 Abandoned refrigeration equipment.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to abandoned refrigeration equipment under the SeaTac Criminal Code:

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. 90-1029 § 42)

8.05.470 Violating right of privacy.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to violation of the right of privacy under the SeaTac Criminal Code:

9.73.010 Divulging telegram.

9.73.020 Opening sealed letter.

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

9.73.080 Intercepting, recording, or divulging private communication – Penalty.

(Ord. 98-1030 § 1: Ord. 90-1029 § 59)

V. Property Crimes

8.05.480 Reckless burning and malicious mischief.

The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of reckless burning and malicious mischief under the SeaTac Criminal Code:

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. 90-1029 § 18)

8.05.490 Trespass and prowling.

The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes of trespass and prowling under the SeaTac Criminal Code:

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.

9A.52.120 Computer trespass in the second degree.

9A.52.130 Computer trespass – Commission of other crime.

(Ord. 90-1029 § 19)

8.05.500 Theft and possession of stolen property.

The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crimes of theft and stolen property under the SeaTac Criminal Code:

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.56.096 Theft of rental, leased, or lease-purchased property.

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. 98-1029 § 1: Ord. 90-1029 § 20)

8.05.510 Fraud.

A. The following sections of the Washington Criminal Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of fraud under the SeaTac Criminal Code:

9A.60.010 Definitions.

9A.60.040 Criminal impersonation.

9A.60.050 False certification.

B. The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the following crimes of fraud under the SeaTac Criminal Code:

9.45.060 Encumbered, leased, or rented personal property – 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 – Fraud in operating coin-box telephone or other receptacle.

9.45.190 Penalty for manufacture or sale of slugs to be used for coin.

9.45.240 Fraud in obtaining telephone or telegraph service – Penalty.

C. The following sections of the King County Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish the crime of fraud by impersonating members of the public safety department, except that the reference thereto shall also refer to members of the City Police Department, whether contracted or employed:

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. 98-1029 § 2; Ord. 90-1029 § 21)

8.05.520 Crimes relating to corporations.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to corporations under the SeaTac Criminal Code:

9.24.010 Fraud in stock subscription.

9.24.040 Corporation doing business without license.

(Ord. 90-1029 § 47)

8.05.530 Telephone credit cards.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to telephone credit cards under the SeaTac Criminal Code:

9.26A.090 Telephone company credit cards – Publishing numbers or code – “Publishes” defined.

(Ord. 90-1029 § 48)

8.05.540 Roadside stands.

The following sections of the King County Code as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to roadside stands, except that references therein to the County shall also refer to the City under the SeaTac Criminal Code:

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. 90-1029 § 60)

8.05.550 Dumping of trash in waterways.

The following section of the King County Code now in effect, and as may subsequently be amended, is hereby adopted by reference to establish the crime of dumping trash in waterways under the SeaTac Criminal Code:

12.36.010 Dumping trash in waterways prohibited.

(Ord. 90-1029 § 61)

8.05.555 Unlawful depositing of refuse in containers.

It is unlawful for any person to dump or deposit garbage in garbage containers or next to garbage containers on the property of another where the result would be to increase or add to the garbage collection service needs of the owner of the property on which the garbage container is located. Violation of this section shall constitute a misdemeanor punishable through applicable criminal process. (Ord. 93-1016 § 1)

VI. Weapons

8.05.560 Firearms and dangerous weapons.

The following sections of RCW Title 9 as now in effect, and as may subsequently be amended, are hereby adopted by reference to establish crimes relating to firearms and dangerous weapons under the SeaTac Criminal Code:

9.41.010 Terms defined.

9.41.030 Being armed prima facie evidence of intent.

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.

9.41.093 Exemptions.

9.41.095 Denial of application – Appeal.

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.

9.41.130 False information forbidden.

9.41.140 Alteration of identifying marks – Exceptions.

9.41.150 Exemptions.

9.41.160 Penalty.

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.

(Ord. 90-1029 § 52)

8.05.570 Pistol sales.

The following sections of the King County Code now in effect, and as may subsequently be amended are hereby adopted by reference to establish regulations and crimes relating to pistol sales, except that reference to the Sheriff shall also refer to the City police, whether contracted or employed, under the SeaTac Criminal Code:

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. 90-1029 § 62)

8.05.580 No shooting areas.

A. The entire City is hereby designated a “No Shooting Area”.

B. The following sections of the King County Code now in effect, and as may subsequently be amended are hereby adopted by reference to establish regulations and crimes relating to use of firearms in no shooting areas, under the SeaTac Criminal Code:

12.68.020 Violations – Misdemeanor – Penalty – Arrest.

12.68.040 Citizens may petition to use firearms in “no shooting” areas at certain times.

12.68.050 Statutory references for general information.

(Ord. 90-1029 § 64)

VII. Prostitution

8.05.590 Unlawful acts of prostitution or pandering.

RCW 9A.88.030 and Section 12.63.010 and subsections A through F of the King County Code are hereby adopted by reference and it is unlawful for any person to engage or agree or offer to engage in sexual conduct, which includes “sexual intercourse” or “sexual contact”, as those terms are defined in RCW 9A.44.010, with another person in return for a fee, or to commit any of the following acts:

A. To intentionally engage in or offer to engage in an act of prostitution; or

B. To intentionally secure or offer to secure another person for the purpose of engaging in an act of prostitution; or

C. To intentionally transport a person into or within the County with purpose to promote that person’s engaging in an act of prostitution, or procuring or paying for transportation with that purpose; or

D. To intentionally receive, offer or agree to receive a person into any place or building for the purpose of performing an act of prostitution, or to knowingly permit a person to remain there for any such purpose; or

E. To intentionally direct a person to any place for the purpose of engaging in an act of prostitution; or

F. To intentionally in any way aid, abet or participate in an act of prostitution. (Ord. 91-1025 § 1: Ord. 90-1036 § 1: Ord. 90-1029 § 28)

8.05.600 Unlawful prostitution loitering.

Section 12.63.010 and subsection G of the King County Code are hereby adopted by reference and it is unlawful for any person to remain in or near any street, sidewalk, alleyway or other place open to the public with the intent of engaging in, inducing, enticing, soliciting or procuring a person to commit, an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are:

A. That the actor is a known prostitute or panderer; or

B. The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or

C. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; or

D. The actor inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer. (Ord. 91-1025 § 2: Ord. 90-1029 § 29)

8.05.610 Patronizing a prostitute.

A. Section 9A.88.110 of the Washington Criminal Code is hereby adopted by reference and a person is guilty of patronizing a prostitute if:

1. Pursuant to a prior understanding, he or she intentionally pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct or sexual contact with him or her; or

2. He or she intentionally pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct or sexual contact with him or her; or

3. He or she intentionally solicits or requests another person to engage in sexual conduct or sexual contact with him or her in return for a fee.

B. For purposes hereof, sexual conduct means “sexual intercourse” or “sexual contact” as those terms are defined in RCW 9A.44.010. (Ord. 91-1025 § 3: Ord. 90-1029 § 30)

8.05.620 Known prostitute or panderer defined.

For the purpose of this chapter, a “known prostitute or panderer” is a person who, within one year previous to the date of arrest for violation of any provision of this chapter, has within the knowledge of the arresting officer, or as shown by the records of any court, been convicted of violating any ordinance or law of any jurisdiction within the State of Washington defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution. (Ord. 90-1029 § 31)

8.05.630 Sex of parties immaterial.

In any prosecution for prostitution, prostitution loitering, or any other prosecution related to prostitution activity, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense that:

A. Such persons were of the same sex; or

B. The person who received, agreed to receive, or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female. (Ord. 90-1029 § 32)

8.05.640 Unlawful permitting of prostitution or pandering.

A person is guilty of permitting prostitution or pandering if, having possession or control of premises which such person knows are being used for prostitution or pandering purposes, he or she fails without lawful excuse to make reasonable effort to halt or abate such use. (Ord. 90-1029 § 33)

8.05.650 Designation of anti-prostitution emphasis areas.

The following described areas of the City are designated to be anti-prostitution emphasis areas and enhanced penalties shall be applied in event of conviction of unlawful acts of prostitution, prostitution loitering, permitting prostitution or pandering, or patronizing a prostitute, within the said areas, pursuant to this Ordinance, in order to assure elimination of all prostitution and prostitution-related activity within these areas:

A. An area coterminous with SR-99 from the intersection thereof with South 216th Street, as a southerly boundary, to the intersection thereof with South 152nd Street, as a northerly boundary, and extending for three blocks to the east of the easterly margin of SR-99 along the said length thereof, and extending for three blocks to the west of the westerly margin of SR-99 along the said length thereof.

B. An area coterminous with Military Road South from the intersection thereof with SR-99, as a southerly boundary, to the intersection thereof with South 128th Street, as a northerly boundary, and extending for three blocks to the east of the easterly margin of Military Road South along the said length thereof, and extending for three blocks to the west of the westerly margin of Military Road South along the said length thereof.

C. An area coterminous with South 200th Street from the intersection thereof with 26th Avenue South, as a westerly boundary, to the intersection thereof with 32nd Avenue South, as an easterly boundary, and extending for three blocks to the south of the southerly margin of South 200th Street along the said length thereof, and extending for three blocks to the north of the northerly margin of South 200th Street along the said length thereof.

D. An area coterminous with South 188th Street from the intersection thereof with the Alaska Service Road, as a westerly boundary, to the intersection thereof with 37th Avenue South, as an easterly boundary, and extending for three blocks to the south of the southerly margin of South 188th Street along the said length thereof, and extending for three blocks to the north of the northerly margin of South 188th Street along said length thereof.

E. An area coterminous with South 176th Street from the intersection thereof with SR-99, as a westerly boundary, to the intersection thereof with 40th Avenue South, as an easterly boundary, and extending for three blocks to the south of the southerly margin of South 176th Street along the said length thereof, and extending for three blocks to the north of the northerly margin of South 176th Street along said length thereof.

F. An area coterminous with South 162nd Street from the intersection thereof with 32nd Avenue South, as a westerly boundary, to the intersection thereof with Military Road South, as an easterly boundary, and extending along said length thereof.

G. An area coterminous with South 208th Street, the intersection thereof with 24th Avenue South, as a westerly boundary, to the intersection thereof with Interstate Highway 5, as the easterly boundary, and extending along said length thereof.

H. An area coterminous with 204th Street, from its intersection with the boundary of the Port of Seattle property, as a westerly boundary, to the intersection thereof with Interstate Highway 5, as an easterly boundary, and extending along said length thereof.

I. An area coterminous with South 192nd Street from the intersection thereof with the boundary of the Port of Seattle property, as a westerly boundary, to the intersection thereof with Interstate Highway 5, as an easterly boundary, and extending along said length thereof.

J. An area coterminous with South 180th Street from the intersection thereof with 32nd Avenue South, as a westerly boundary, to the 3600 block area of South 180th Street, as an easterly boundary, an extending along said length thereof.

K. An area coterminous with Military Road from the intersection thereof with the southerly boundary of the City limits, as a southerly boundary, to the intersection thereof with the northerly boundary of the City limits, as a northerly boundary, and extending along said length thereof.

L. Any other area found by the Judge of the Municipal Court to warrant designation as an anti-prostitution emphasis area when specifically set forth and identified in a court order naming a particular defendant. (Ord. 92-1016 § 1: Ord. 90-1033 § 1: Ord. 90-1029 § 34)

8.05.660 Penalties upon prostitution conviction.

Any single violation of this chapter relating to an unlawful act of prostitution or pandering, an unlawful act of prostitution loitering, an unlawful act of permitting prosecution or pandering, or an unlawful act of patronizing a prostitute, within any period of twelve months, shall be a violation of City ordinance constituting a misdemeanor and, upon conviction, shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000.00), or by both such imprisonment and fine. The court may suspend or defer 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 as a condition of suspension or deferral, pursuant to RCW 70.24.350, at the defendant’s expense; provided, however, 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. (Ord. 90-1029 § 35)

8.05.670 Subsequent prostitution convictions as separate crime.

Any second or subsequent violation of this chapter relating to unlawful acts of prostitution or pandering, unlawful acts of prostitution loitering, unlawful acts of permitting prostitution or pandering, or unlawful acts of patronizing a prostitute which may arise from an incident occurring within any period of twelve months from a first or prior conviction of the same or similar offense shall constitute a separate crime which is hereby designated a gross misdemeanor and, upon conviction shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both such imprisonment and fine. 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 expenses; provided, however, 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. (Ord. 90-1029 § 36)

8.05.680 Violation of conditions of release or conditions of suspension or deferral as separate crime.

The presence of any person within an anti-prostitution emphasis area in violation of court-imposed conditions of release or conditions of suspension or deferral of any sentence shall constitute a separate crime hereby designated a gross misdemeanor and any such person may be apprehended and arrested without the necessity for any warrant or additional court order. Upon conviction, any person so violating the conditions of release or conditions of suspension or deferral shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both such imprisonment and fine. (Ord. 90-1029 § 37)

8.05.690 Places of prostitution activity declared public nuisances.

Any building, structure or place within the City used for the purpose of prostitution or pandering as defined in this chapter is hereby declared to be a public nuisance. (Ord. 90-1029 § 38)

8.05.700 Evidence of use for prostitution purposes.

A. Two or more criminal convictions of persons for acts of prostitution in a building, structure or place, within the one-year period preceding the commencement of an action under this chapter shall give rise to a rebuttable presumption that the building, structure or place has been used for the purposes of prostitution and is a public nuisance. In any action under this chapter, evidence of the common fame and general reputation of the building or place, of the inmates or occupants thereof, or of those resorting thereto, shall be admissible as evidence to prove the existence of the public nuisance but must be supported by additional evidence. Evidence of the general reputation of the building or place, or of the inmates or occupants thereof that is sufficient to establish the existence of the public nuisance, shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance by persons or legal entities having an interest in the property. Responsibility for the nuisance shall extend to the owners, lessors, lessees and all those in interest in any form in the property, real or persons, used in conducting or maintaining the public nuisance.

B. Evidence of cooperation by owners, agents or managers of a building or place with police investigations or operations to control prostitution may be used to rebut the presumptions created in this chapter. (Ord. 90-1029 § 39)

8.05.710 Conviction as prima facie evidence.

Any conviction of any owner, manager, operator, agent or employee for promoting prostitution, for prostitution or pandering, for prostitution loitering, or for permitting prostitution, when such offense was related to any business or commercial enterprise, shall be prima facie evidence that the building, structure or place upon or in which business or commercial enterprise is or was conducted, was used for prostitution. (Ord. 90-1029 § 40)

8.05.720 Penalties for maintenance of public nuisance.

Maintenance of a public nuisance as declared herein, in addition to any other civil or criminal penalties, shall result in a civil penalty not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for a first conviction of maintaining a public nuisance and by abatement by closure of such business or commercial enterprise for the period of thirty (30) days for each subsequent conviction of maintaining a public nuisance. (Ord. 90-1029 § 41)

VIII. Miscellaneous

8.05.730 Stalking.

A. A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime, and under circumstances whereby the defendant is not guilty of a felony offense of stalking because the stalker has previously been convicted in the State of Washington or in any other state of the crime of harassment as defined in RCW 9A.46.060, of the same victim or members of the victim’s family or household, or any other person specifically named in a No-Contact Order or No-Harassment Order; or the person violated a court order issued pursuant to RCW 9A.46.040 protecting the person being stalked; or the stalker has previously been convicted of a gross misdemeanor or felony stalking offense for stalking another person:

1. He or she intentionally and repeatedly follows another person to that person’s home, school, place of employment, business, or any other location, or follows the person while the person is in transit between locations; and,

2. The person being followed is intimidated, harassed, or placed in fear that the stalker intends to injure the person or property of the person being followed or of another person. The feeling of fear, intimidation, or harassment must be one that a reasonable person in the same situation would experience under all the circumstances; and,

3. The stalker either:

a. Intends to frighten, intimidate or harass the person being followed; or

b. Knows or reasonably should know that the person being followed is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

B. 1. It is not a defense to the crime of stalking under subsection A.3.a of this section that the stalker was not given actual notice that the person being followed did not want the stalker to contact or follow the person; and,

2. It is not a defense to the crime of stalking under subsection A.3.b of this section that the stalker did not intend to frighten, intimidate or harass the person being followed.

C. It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW.

D. Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person.

E. A violation of this section is a gross misdemeanor punishable by a fine up to five thousand ($5,000) dollars or a jail sentence of up to one year, or both. (Ord. 92-1047 § 1)

8.05.740 Aggressive begging.

A. It is unlawful for any person to engage in aggressive begging in any public place in the City, as those terms are defined by this section.

B. As used in this section:

1. “Aggressive begging” shall mean: (a) begging with intent to intimidate another person into giving money or goods; (b) begging with use of false, misleading information; (c) begging with or involving activities that are unsafe or dangerous to any person or property; (d) begging in a manner that exploits children; or (e) wilfully providing or delivering, or attempting to provide or deliver unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return.

2. “Begging” shall mean asking for money or goods as a charity, whether by words, bodily gestures, signs or other means.

3. “To intimidate” shall mean to coerce or frighten into submission or obedience, or to engage in conduct which would make a reasonable person fearful or feel compelled.

4. “Public place” shall mean: (a) any public road, alley, lane, parking area, sidewalk, or other publicly owned building, facility or structure; (b) any public playground, school ground, recreation ground, park, parkway, park drive, park path or rights-of-way open to the use of the public; or (c) any privately owned property adapted 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.

5. “Exploit” shall mean using in an unethical, selfish or abusive manner or in any other manner that gives an unfair advantage.

C. Violation of this section shall be a misdemeanor, punishable by a fine up to one thousand dollars ($1,000) or by a jail sentence of up to ninety (90) days, or by both such fine and jail time. (Ord. 95-1023 § 1)

8.05.750 Additional crimes, offenses, and defenses.¹

The following sections of the Revised Code of Washington (RCW), as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

9.61.260 Cyberstalking.

9.68A.011 Definitions.

9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct – Civil immunity.

9.68A.090 Communication with minor for immoral purposes.

9.68A.103 Permitting commercial sexual abuse of a minor – Penalty.

9.68A.105 Additional fee assessment.

9.68A.110 Certain defenses barred, permitted.

9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty.

9.91.142 Food stamps – Trafficking.

9.91.170 Interfering with dog guide or service animal.

9A.36.150 Interfering with the reporting of domestic violence.

9A.42.010 Definitions.

9A.42.035 Criminal mistreatment in the third degree.

9A.42.037 Criminal mistreatment in the fourth degree.

9A.42.040 Withdrawal of life support systems.

9A.42.045 Palliative care.

9A.42.050 Defense of financial inability.

9A.42.080 Abandonment of a dependent person in the third degree.

9A.42.090 Abandonment of a dependent person – Defense.

9A.42.110 Leaving a child in the care of a sex offender.

9A.49.010 Definitions.

9A.49.030 Unlawful discharge of a laser in the second degree.

9A.56.330 Possession of another’s identification.

9A.76.175 Make a false or misleading statement to a public servant.

26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.

26.10.220 Restraining orders – Notice – Refusal to comply – Arrest –

Penalty – Defense – Peace officers, immunity.

26.26.138 Restraining order – Knowing violation – Penalty – Law enforcement immunity.

26.28.080 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty.

26.28.085 Applying tattoo to a minor – Penalty.

26.44.020 Definitions.

26.44.030 Reports – Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Interviews of children – Records – Risk assessment process – Reports to legislature.

26.44.040 Reports – Oral, written – Contents.

26.44.060 Immunity from civil or criminal liability – Confidential communications not violated – Actions against state not affected – False report, penalty.

26.44.063 Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order.

26.44.067 Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty.

26.44.080 Violation – Penalty.

26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child – Penalty for violating court order.

26.50.110 Violation of order – Penalties.

26.50.140 Peace officers – Immunity.

26.52.020 Foreign protection orders – Validity.

26.52.050 Peace officer immunity.

26.52.070 Violation of foreign orders – Penalties.

66.20.300 Definitions.

66.20.310 Alcohol servers – Permits – Requirements – Suspension, revocation – Violations – Exemptions.

66.20.340 Alcohol servers – Violation of rules – Penalties.

69.41.010 Definitions.

69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions – Penalty.

74.34.020 Definitions.

74.34.021 Vulnerable adult – Definition.

74.34.050 Immunity from liability.

74.34.053 Failure to report – False reports – Penalties.

74.34.145 Protection of vulnerable adults – Notice of criminal penalties for violation – Enforcement under RCW 26.50.110.

(Ord. 11-1008 § 1)

IX. Vehicle Trespass

8.05.760 Definitions.

The following definitions are applicable to this chapter:

A. 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.

B. A person “enters” or attempts to enter, 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” adopts the meaning contained within RCW 46.04.670.

D. A person acts “knowingly” when he or she has information which would lead a reasonable person in the same situation to believe that facts exist which facts are described by a statute defining an offense. (Ord. 21-1003 § 1)

8.05.770 Vehicle trespass prohibited.

A person is guilty of vehicle trespass if he or she knowingly enters, or attempts to enter, or remains unlawfully in a vehicle belonging to another. (Ord. 21-1003 § 1)

8.05.780 Penalty for violations.

Violation of any of the provisions of this chapter is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. (Ord. 21-1003 § 1)

Code reviser’s note: Ordinance 11-1008 adds this section as Section 8.05.700. The section has been editorially renumbered to avoid duplication of numbering.