Chapter 9.40


9.40.010    Injury to property.

9.40.020    Stagnant or putrid liquids.

9.40.030    Littering.

9.40.040    Trespassing on real property.

9.40.050    Malicious mischief.

9.40.060    Reckless burning.

9.40.070    Possession of stolen property.

9.40.010 Injury to property.

Every person who wilfully:

(1) Cuts down, destroys or injures any wood, timber, grass or shrubbery, standing or growing, or which has been cut down and is lying upon the lands of another, or of the city; or

(2) Cuts down, girdles or otherwise injures a fruit, shade or ornamental tree standing on the land of another, or of the city, or in any street, or alley; or

(3) Digs, takes or carries away without lawful authority or consent, from any lot or land in the city, or from any lands included in any street, avenue or alley in the city, any earth, soil or stone; or

(4) Enters without the consent of the owner or occupant any orchard, garden, lawn or enclosure, with intent to take, injure or destroy anything there grown or growing, or therein being; or

(5) Cuts down, digs up, destroys, or in any way injures any shrub, tree, flowers or garden produce, grown or growing within any such orchard, garden, vineyard, lawn or enclosure, or any permanent work or erection therein; or

(6) Damages or defaces any building or part thereof, or throws any stone or other missile at any building or part thereof; or

(7) Destroys or damages, with intent to delay or prevent the use thereof, any machine, engine, tool or implement intended for use in trade or husbandry; or

(8) Unties, unfastens, or liberates, without authority, the horse or team of another; or leads, rides, or drives away, without authority, the horse, team, automobile, motorcycle, bicycle or other vehicle of another, from the place where left by the owner or person in charge thereof; or

(9) Intrudes, or places any hovel, shanty, or building upon or within the limits of any lot, or piece of land within the city, without the consent of the owner; or within the boundary of any street, avenue or alley, in the city, without the consent of the proper city authorities; or

(10) Kills, wounds, traps or unduly annoys or interferes with any animal or bird within the limits of any cemetery, park or pleasure ground, within the limits of the city or removes therefrom or destroys the young of any such animal, or the egg of any such bird; or

(11) Places or affixes to any real property, or any rock, tree, wall, fence or other structure thereupon, without the consent of the owner thereof, or upon any street or other land belonging to the city, any word, character or device, designing to advertise any article, business, profession, exhibition, matter or event, publicize any candidate for public office; or

(12) Kills, wounds, traps or injures any animal or fowl of another, unless the killing, wounding, trapping or injuring of the same be necessary to the safety of some person or the protection of property; or

(13) In any way destroys, damages or injures any personal or real property of the city or of another, or who in any way lessens the utility or value of any personal or real property of the city or of another, is guilty of a misdemeanor. (Ord. 351 § 16, 1969)

9.40.020 Stagnant or putrid liquids.

Every person who manages or controls any real estate or premises in the city and permits or causes any foul, nauseous, putrid or stagnant liquid to remain or be discharged on the real estate, premises or public streets and alleys or adjacent real estate is guilty of a misdemeanor. (Ord. 351 § 27, 1969)

9.40.030 Littering.

(1) No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street or alley except:

(A) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

(B) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of such private or public property or waters.

(2)(A) It is a Class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

(B) It is a Class 1 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot. Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of $25.00 per cubic foot of litter. The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner, or in the case of public property, of the agency managing the property. (Ord. 1105, 1997; Ord. 351 § 21, 1969)

9.40.040 Trespassing on real property.

Every person who goes upon the premises or land of another with intent to vex the owner or occupant thereof, or to commit any unlawful act, or wilfully goes on or remains in or upon any premises or land after having been warned by the owner or occupant thereof not to enter therein, or not to trespass thereon, is guilty of a misdemeanor.

Every owner, agent, or occupant of any land or premises shall be deemed to have given sufficient warning against trespassing within the meaning of this section, who posts in a conspicuous manner upon or near the boundary of each side of any unenclosed lot or parcel of land, or at the entrance to any building, dwelling house or premises, a sign or signs legibly printed or painted in the English language, substantially as follows: “Warning, persons not to trespass hereon”; “No agent allowed”; or “No peddlers allowed.” (Ord. 351 § 29, 1969)

9.40.050 Malicious mischief.

(1) A person is guilty of malicious mischief in the third degree if he knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree.

(2) Malicious mischief in the third degree is a gross misdemeanor if the damage to the property is in an amount exceeding $50.00; otherwise, it is a misdemeanor. (Ord. 1052, 1996)

9.40.060 Reckless burning.

(1) A person is guilty of reckless burning in the second degree if he knowingly causes a fire or explosion, whether on his own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft or watercraft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage.

(2) Reckless burning in the second degree is a gross misdemeanor. (Ord. 1058, 1996)

9.40.070 Possession of stolen property.

(1) A person is guilty of possessing stolen property in the third degree if he possesses stolen property which does not exceed $250.00 in value.

(2) Possessing stolen property in the third degree is a gross misdemeanor. (Ord. 1103, 1997)