Chapter 9.04
CRIMINAL ACTS

Sections:

9.04.010    Definitions and construction.

9.04.020    Malicious mischief.

9.04.030    Criminal trespass and defense.

9.04.040    Vehicle prowling.

9.04.050    Theft.

9.04.060    Possessing stolen property.

9.04.070    False swearing.

9.04.080    Obstructing a public servant.

9.04.090    Resisting arrest.

9.04.100    Escape.

9.04.110    Bail jumping.

9.04.120    Failure to disperse.

9.04.130    Disorderly conduct.

9.04.140    Violation – Penalty.

9.04.010 Definitions and construction.

The definition of words, terms, and phrases and the construction of other provisions of this chapter shall be according to the provisions of the Washington Criminal Code, RCW Title 9A. (Ord. 268 § 13, 1979).

9.04.020 Malicious mischief.

A person is guilty of malicious mischief if he knowingly and maliciously causes physical damage to the property of another. (Ord. 268 § 1, 1979).

9.04.030 Criminal trespass and defense.

A person is guilty of criminal trespass if he knowingly enters or remains unlawfully in a building or on real property adjacent thereto, or upon real property adjacent thereto, or upon real property which is fenced or otherwise enclosed in a manner designed to exclude intruders, or if he knowingly enters or remains unlawfully in or upon premises of another. In any prosecution under this section, it is a defense that:

A. The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

B. The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain. (Ord. 268 § 2, 1979).

9.04.040 Vehicle prowling.

A person is guilty of vehicle prowling, if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle. (Ord. 268 § 3, 1979).

9.04.050 Theft.

A person is guilty of theft if he commits theft of property or services which does not exceed $250.00 in value. (Ord. 268 § 4, 1979).

9.04.060 Possessing stolen property.

A person is guilty of possessing stolen property if he possesses stolen property which does not exceed $250.00 in value. (Ord. 268 § 5, 1979).

9.04.070 False swearing.

A person is guilty of false swearing if he makes a false statement which he knows to be false, under an oath required or authorized by law. (Ord. 268 § 6, 1979).

9.04.080 Obstructing a public servant.

Every person who commits any of the following shall be guilty of obstructing a public servant:

A. Without lawful excuse refuses or knowingly fails to make or furnish any statement, report, or information lawfully required of him by a public servant; or

B. In any such statement or report makes any knowingly untrue statement to a public servant; or

C. Knowingly hinders, delays, or obstructs any public servant in the discharge of his official powers or duties. (Ord. 268 § 7, 1979).

9.04.090 Resisting arrest.

A person is guilty of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from lawfully arresting him. (Ord. 268 § 8, 1979).

9.04.100 Escape.

A person is guilty of escape if he escapes from custody. (Ord. 268 § 9, 1979).

9.04.110 Bail jumping.

Any person having been released by court order or admitted to bail with the requirement of a subsequent personal appearance before the city police court, and who knowingly fails without lawful excuse to appear as required is guilty of bail jumping. Unless otherwise established, the failure to appear when required shall be inferred to have been without lawful excuse. (Ord. 268 § 10, 1979).

9.04.120 Failure to disperse.

A person is guilty of failure to disperse if:

A. He congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and

B. He refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law. (Ord. 268 § 11, 1979).

9.04.130 Disorderly conduct.

A person is guilty of disorderly conduct if he:

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

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

C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority. (Ord. 268 § 12, 1979).

9.04.140 Violation – Penalty.

Every person convicted of violating the provisions of this chapter shall be punished by imprisonment for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $350.00, or by both such imprisonment and fine. (Ord. 268 § 14, 1979).