Chapter 9A.04
GENERAL PROVISIONS
Sections:
9A.04.010 APPLICATION OF GENERAL PROVISIONS OF THE CODE.
9A.04.020 PURPOSES - PRINCIPLES OF CONSTRUCTION.
9A.04.030 PROOF BEYOND A REASONABLE DOUBT.
9A.04.040 COMMON LAW TO SUPPLEMENT ORDINANCES.
9A.04.050 SENDING LETTER, WHEN COMPLETE.
9A.04.080 DESIGNATION OF CRIMES
9A.04.120 GENERAL REQUIREMENT OF CULPABILITY.
9A.04.130 LIABILITY OF CONDUCT OF ANOTHER, COMPLICITY.
9A.04.140 CRIMINAL LIABILITY OF CORPORATIONS AND PERSONS ACTING UNDER A DUTY TO ACT IN THEIR BEHALF.
9A.04.150 OMISSION, WHEN NOT PUNISHABLE.
9A.04.160 PEOPLE CAPABLE OF COMMITTING CRIMES - CHILDREN.
9A.04.170 CITIZEN IMMUNITY IF AIDING OFFICER.
9A.04.010 APPLICATION OF GENERAL PROVISIONS OF THE CODE.
The provisions of BMC 9A.04.020 and 9A.04.110 are applicable to offenses defined by this title unless this title specifically provides otherwise. (Ord. 4850 §2 (in part), 2003)
9A.04.020 PURPOSES - PRINCIPLES OF CONSTRUCTION.
RCW 9A.04.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.030 PROOF BEYOND A REASONABLE DOUBT.
RCW 9A.04.100 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.040 COMMON LAW TO SUPPLEMENT ORDINANCES.
The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of the state, and with the charter and ordinances of the city, shall supplement all ordinances of this title. (Ord. 4850 §2 (in part), 2003)
9A.04.050 SENDING LETTER, WHEN COMPLETE.
RCW 9.01.130 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.060 DEFINITIONS.
RCW 9A.04.110 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.070 SEVERABILITY.
If any provision of the criminal code contained in this title or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable. (Ord. 4850 §2 (in part), 2003)
9A.04.080 DESIGNATION OF CRIMES
(a) Misdemeanor. A "misdemeanor" is any crime punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(b) Gross Misdemeanor. A "gross misdemeanor" is any crime punishable by a fine of not more than five thousand dollars ($5,000), or by imprisonment for not more than three hundred sixty-five (365) days, or by both such fine and imprisonment.
(c) Default Penalty. Whenever the performance of any act (or omission) is prohibited by any provision within this criminal code, and no penalty for the violation of such provision is provided, the committing of such act (or omission) shall be a misdemeanor. (Ord. 4850 §2 (in part), 2003)
9A.04.090 RESERVED.
9A.04.100 ENFORCEMENT.
(a) Application. The provisions of this title are applicable to offenses defined by this title or another ordinance, unless this title or such other ordinance specifically provides otherwise.
(b) Costs of Prosecution. Whenever anyone is convicted of an offense under any section of this penal code or section of any other city ordinance, in addition to the fine imposed, he may be required to pay the costs of prosecution. In default of such payment, he may be imprisoned until such fine is paid or worked out on the basis of twenty-five dollars ($25.00) per each day of imprisonment. (Ord. 4850 §2 (in part), 2003)
9A.04.110 RESTITUTION.
In addition to the penalties provided elsewhere in this title, the court, at the court’s discretion, may order the defendant to make restitution to the victim of the ordinance violation. Restitution shall be made by payment of a sufficient sum to the victim to pay the victim for damages and losses caused by the ordinance violation. Such restitution shall be ordered to be paid in a lump sum, forthwith, unless the court finds that the defendant cannot pay the amount in a lump sum, in which case restitution shall be ordered to be paid in installments. A defendant’s poverty shall not prevent the court from ordering restitution, provided that the defendant’s poverty shall be considered in fixing the amounts of monthly payments. If conditions change, the court may order a change in the amounts of installments or in the frequency of payment of installments. Nothing in this section shall be interpreted as preventing any victim of a crime from prosecuting a civil suit for damages resulting from a violation of this title. (Ord. 4850 §2 (in part), 2003)
9A.04.120 GENERAL REQUIREMENT OF CULPABILITY.
RCW 9A.08.010 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.130 LIABILITY OF CONDUCT OF ANOTHER, COMPLICITY.
RCW 9A.08.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.140 CRIMINAL LIABILITY OF CORPORATIONS AND PERSONS ACTING UNDER A DUTY TO ACT IN THEIR BEHALF.
RCW 9A.08.030, with the exception of subsection (5) thereof, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.150 OMISSION, WHEN NOT PUNISHABLE.
RCW 9.01.110 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003)
9A.04.160 PEOPLE CAPABLE OF COMMITTING CRIMES - CHILDREN.
RCW 9A.04.050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full (Ord. 4850 §2 (in part), 2003)
9A.04.170 CITIZEN IMMUNITY IF AIDING OFFICER.
RCW 9.01.055 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003)