Chapter 9.30
BUSINESSES – CONSUMER PROTECTION

Sections:

9.30.100    Fraud – Adopted by reference.

9.30.200    False representations – Adopted by reference.

9.30.300    Defrauding a public utility – Adopted by reference.

9.30.400    Trademarks and other marks – Adopted by reference.

9.30.500    Competitive bidding – Adopted by reference.

9.30.600    Crimes relating to corporations – Adopted by reference.

9.30.700    Telephone credit cards – Adopted by reference.

9.30.100 Fraud – Adopted by reference.

(1) The following sections of the Washington Criminal Code, as now in effect, and as may subsequently be amended, are adopted by reference to establish the crime of fraud under the Burien criminal code:

RCW

9A.60.010    Definitions.

9A.60.040    Criminal impersonation in the first degree.

9A.60.045    Criminal impersonation in the second degree.

9A.60.050    False certification.

(2) The following sections of RCW Title 9, as now in effect, and as may subsequently be amended, are adopted by reference to establish the following crimes of fraud under the Burien criminal code:

RCW

9.45.060    Encumbered, leased, or rented personal property – Construction.

9.45.062    Failure to deliver leased personal property – Requisites for prosecution – 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.

9.45.180    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.

[Ord. 410 § 2, 2004; Ord. 63 § 28, 1993]

9.30.200 False representations – Adopted by reference.

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

RCW

9.38.010    False representation concerning credit.

9.38.020    False representation concerning title.

[Ord. 63 §§ 29, 60, 1993]

9.30.300 Defrauding a public utility – Adopted by reference.

Chapter 9A.61 RCW adopted by Chapter 109, Laws of 1989, as now in effect, and as may subsequently be amended, is adopted to establish the crime of defrauding a public utility under the Burien criminal code, as follows:

(1) The definitions set forth herein apply to the crime of defrauding a public utility.

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

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

(c) “Person” means an individual, partnership, firm, association, or corporation or government agency.

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

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

(f) “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.

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

(2) “Defrauding a public utility” means to commit, authorize, solicit, aid, abet, or attempt to:

(a) Divert, or cause to be diverted, utility services by any means whatsoever;

(b) 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;

(c) 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;

(d) Tamper with property owned or used by the utility to provide utility services; or

(e) 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.

(3) A person is guilty of defrauding a public utility in the third degree if the utility service diverted or used is $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.

(4) In any prosecution for defrauding a public utility, the court may require restitution from the defendant as provided in this title, 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.

(5) Restitution ordered or fines imposed under this title do not preclude a utility from collecting damages under RCW 80.28.240 to which it may be entitled. [Ord. 63 § 30, 1993]

9.30.400 Trademarks and other marks – Adopted by reference.

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

RCW

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. 63 § 55, 1993]

9.30.500 Competitive bidding – Adopted by reference.

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

RCW

9.18.120    Suppression of competitive bidding.

9.18.130    Collusion to prevent competitive bidding.

9.18.140    Penalty.

[Ord. 63 § 56, 1993]

9.30.600 Crimes relating to corporations – Adopted by reference.

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

RCW

9.24.010    Fraud in stock subscription.

9.24.040    Corporation doing business without license.

[Ord. 63 § 58, 1993]

9.30.700 Telephone credit cards – Adopted by reference.

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

RCW

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

[Ord. 63 § 59, 1993]