Chapter 9.02
GENERAL PROVISIONS

Sections:

9.02.010    Purposes – Principles of construction.

9.02.020    City criminal jurisdiction.

9.02.030    Classes of crimes – Penalties.

9.02.040    Personal jurisdiction.

9.02.050    Limitation of action.

9.02.060    Proof beyond a reasonable doubt.

9.02.070    Intentional failure to comply.

9.02.080    Adoption of state statutes by reference.

9.02.090    Citation reference to sections adopted by reference.

9.02.900    Statutes incorporated by reference.

9.02.010 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 title shall be construed according to the fair import of their terms and when the language is susceptible to differing constructions it shall be interpreted to further the general purposes stated in this title. (Ord. 1020 § 2, 2017).

9.02.020 City criminal jurisdiction.

Any person who commits within the corporate limits of the city any crime that is a violation hereof, in whole or in part, or a violation the prosecution of which is the responsibility of the city pursuant to RCW 39.34.180, is liable to arrest and punishment. (Ord. 1020 § 2, 2017).

9.02.030 Classes of crimes – Penalties.

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.

B. Violations of city ordinances are classified as gross misdemeanors or misdemeanors. A violation of a city ordinance is a misdemeanor if not otherwise designated by this code or by the code adopted by reference, and persons convicted thereof may be sentenced to imprisonment for a term not in excess of 90 days. A violation of a city ordinance is a gross misdemeanor if so designated in this code, and persons convicted thereof may be sentenced to imprisonment for a term not in excess of one year.

C. Unless otherwise specifically provided, misdemeanors shall be punishable by imprisonment in jail for a term of up to 90 days, or by a fine of up to $1,000, or by both such imprisonment and fine. Unless otherwise specifically provided, gross misdemeanors shall be punishable by imprisonment in jail for a term of up to one year, or by a fine of up to $5,000, or by both such imprisonment and fine. (Ord. 1020 § 2, 2017).

9.02.040 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. 1020 § 2, 2017).

9.02.050 Limitation of action.

A. No violation of city ordinance which is classified as a gross misdemeanor herein or in the code adopted by reference may be prosecuted more than two years after its commission. No violation of city ordinance classified as a misdemeanor herein or in the code adopted by reference may be prosecuted more than one 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. 1020 § 2, 2017).

9.02.060 Proof beyond a reasonable doubt.

A. Every person charged with a violation of a city ordinance that constitutes a crime 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 such a 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. 1020 § 2, 2017).

9.02.070 Intentional failure to comply.

A court may, in its discretion, treat any intentional failure to comply with a court order in respect to fines or costs, or both, upon conviction, as civil contempt. (Ord. 1020 § 2, 2017).

9.02.080 Adoption of state statutes by reference.

A. Statutes of the state of Washington specified herein and as specified in ordinances codified in this title are adopted by reference as and for a portion of the penal code of the city of Yelm, as if set forth in full, including the criminal/offense classification and penalty provisions applicable thereto unless a different classification and/or penalty is specifically provided for the particular sections of state statutes adopted by reference; provided, that the adoption of state statutes by reference shall not be construed or interpreted to vest in the city any authority or responsibility to prosecute felony offenses, and the adoption of state statutes which include felony provisions shall be limited to those provisions falling within the city’s authority, and such adoption, and the provisions being adopted, shall be construed and interpreted in accordance with the lawful authority of the city.

B. The city also hereby adopts by reference all of the crimes defined as gross misdemeanors or misdemeanors in the Revised Code of Washington, as now enacted or hereafter amended or adopted, including, but not limited to, RCW Titles 9, 9A, 10, 13, 16, 46, 66, 68, 69, 70 and 77. (Ord. 1020 § 2, 2017).

9.02.090 Citation reference to sections adopted by reference.

In any citation, complaint, notice of violation or other pleading filed in a court of competent jurisdiction or in any other forum, reference to the section or sections of state statutes adopted by reference as a part of the city code shall be by the same number identifying the section in the Revised Code of Washington. Such reference shall refer to and mean the appropriate section of the Yelm Municipal Code adopted by reference from the Revised Code of Washington. (Ord. 1020 § 2, 2017).

9.02.900 Statutes incorporated by reference.

The following statutes are incorporated in this chapter by reference:

RCW

(Ord. 1020 § 2, 2017).