Chapter 9.04 GENERAL MISDEMEANORS

It is unlawful to commit an assault or offer, or attempt with force and violence to do corporal hurt or injury to another within the city. (Ord. 59 § 1, 1899).

9.04.020 Assault and battery.

No person shall, within the city, commit an assault and battery or inflict an unlawful beating, or other wrongful physical violence or injury upon the person of another. (Ord. 59 § 2, 1899).

9.04.030 Offenses against personal property.

No person shall feloniously steal, take and carry, lead, or drive away the personal goods or property of another, under the value of $30.00, within the city. (Ord. 59 § 3, 1899).

9.04.040 Disturbing the peace.

Whoever is guilty of drunkenness, indecent, riotous, or disorderly conduct, or any conduct tending to debauch the public morals, or to a disturbance of the peace, or whoever uses profane, abusive or obscene language whereby the public peace or quiet of the city may be disturbed, shall be deemed guilty of a misdemeanor. (Ord. 59 § 4, 1899).

9.04.050 Use of language – Fighting.

Any person who threatens or traduces another or uses any language or indulges in any conduct toward another tending to produce a disturbance of the peace or challenges another to fight, and any two or more persons who agree to fight, or by agreement actually fight, or engage in a boxing contest for gain, within the city, shall be deemed guilty of a misdemeanor. (Ord. 59 § 6, 1899).

9.04.060 Collecting in crowds.

All persons who collect in crowds within the city for unlawful purposes, or for any purpose, to the annoyance or disturbance of the citizens or the public peace or the quiet of the city, or who refuse to disperse when so collected, after being requested to do so any the city officer, shall be deemed guilty of a misdemeanor. (Ord. 59 § 7, 1899).

9.04.070 Disorderly houses.

Every person who keeps any house or place of business within the city, wherein riotous, or disorderly conduct, drunkenness or fighting, is or may be suffered or is suffered or any house or place of public resort or private resort wherein the peace, comfort or decency of the immediate neighborhood is, or may be, disturbed, and whoever having the control thereof shall permit any such house or place to be used as in this section prohibited, and persons connected therewith, shall be deemed guilty of a misdemeanor. (Ord. 59 § 8, 1899).

9.04.080 False fire alarm.

Whoever knowingly causes or gives any false alarm of fire within the city, shall be deemed guilty of a misdemeanor; provided that this section shall not apply to the fire department when such alarm shall be deemed by it necessary for the purpose of discipline. (Ord. 59 § 9, 1899).

9.04.090 Hours of certain establishments.

All saloons and drinking houses or places where beer or liquors are kept for sale or gift within the city shall remain and be closed on the seventh day of the week commonly called Sunday. This section shall be held not only to include the owner or the man in charge of said place but all others found in or who enter said place as well; provided this section shall not be deemed to relate to or include drugstores. (Ord. 59 § 10, 1899).

9.04.100 Cruelty to animals.

Whoever in any manner or by any means is guilty of cruelty to any dumb animal or is guilty of turning out, and abandoning any old or decrepit or worthless animal or any animal at all upon the public streets or alleys or within the limits of the city shall be deemed guilty of a misdemeanor. (Ord. 59 § 11, 1899).

9.04.110 Nudity – Lewd exposure.

No person shall appear in any public place or in any place expose to public view, within the city in a state of nudity or in an indecent or lewd dress or shall make any indecent exposure of his or her person or be guilty of any lewd or indecent act or behavior. (Ord. 59 § 12, 1899).

9.04.120 Bawdy house.

Whoever keeps or maintains or leases for that purpose within the corporate limits of the city, any bawdy house, house of ill fame, or any place for the practice of fornication, shall be deemed guilty of a misdemeanor. (Ord. 59 § 13, 1899).

9.04.130 Persons connected with bawdy house.

Whoever is an inmate of any bawdy house, house of ill fame, or of any place for the practice of fornication within the corporate limits of the city, or in any way contributes for the support thereof, or is connected therewith, or whoever is found therein, or supported thereby, or who has anything whatever to do with said place, shall be deemed guilty of a misdemeanor; provided this section shall not include police officers on official business. (Ord. 59 § 14, 1899).

9.04.140 Indecent marking.

Whoever in any public place or place open to public view, writes, marks, draws, cuts, carves, or makes any obscene or indecent word or sentence, design, figure, or impression within the city, shall be deemed guilty of a misdemeanor. (Ord. 59 § 15, 1899).

9.04.150 Animals attached to vehicles – Guarding.

Whoever leaves any horse, mule or other work animal or any other animal attached to any vehicle or conveyance or any riding animal in any unenclosed place within the corporate limits of the city without the same being securely fastened or guarded shall be deemed guilty of a misdemeanor. (Ord. 59 § 17, 1899).

9.04.160 Unsafe structures.

No person or persons shall erect or maintain within the corporate limits of the city, any insecure or unsafe building, stack, wall, chimney or structure which from situation, mode of construction or other cause may be dangerous to persons or property. Any person violating this section shall be deemed guilty of a misdemeanor; provided that this section shall not in any way affect any ordinance or law relative to the abatement of nuisances. (Ord. 59 § 18, 1899).

9.04.170 Injuring trees.

Any person who cuts down, laps, girdles, brakes, or otherwise injures or destroys any shade, ornamental or fruit trees standing or growing in any of the streets, alleys or on any public or private place within the city not his own, shall be deemed guilty of a misdemeanor. (Ord. 59 § 19, 1899).

9.04.180 Impersonating an officer.

Whoever falsely represents himself to be an officer of the city or without proper authority, exercises or attempts to exercise, any of the powers, duties or functions of any such officer, or whoever not being a member of the police force of the city wears or has in his possession any star or badge with intent therewith to pass himself as such officer of the city, shall be deemed guilty of a misdemeanor. (Ord. 59 § 20, 1899).

9.04.190 Resisting – Hindering officer.

No person shall wilfully resist, hinder or delay any of the officers of the city in the discharge of his duties or shall neglect or refuse to obey any lawful order or direction of any such officer. (Ord. 49 § 21, 1899).

9.04.200 Aiding escape of prisoner.

Whoever rescues or attempts to rescue any person from the custody of any officer of the city or other person legally having him in charge, or aids or attempts to aid in any escape of any person from any such custody, or from the city jail or prison, or advises or encourages any such escape; or whoever supplies any such person so being in such custody or prison, with any weapon, or with any implement or means of escape, or provides any prisoner with anything that he afterwards uses as a means of escape from custody, shall be deemed guilty of a misdemeanor. (Ord. 59 § 22, 1899).

9.04.210 Assisting in arrest.

It shall be the duty of every male person in the city when called upon or requested by any member of the police force of the city to render prompt aid to such member in making any arrest, or in the execution of any official duty; and whoever refuses or neglects, to give such aid when so called upon, shall be deemed guilty of a misdemeanor. (Ord. 59 § 23, 1899).

9.04.220 Offenses not covered by city law.

Whoever attempts to commit any offense prohibited or provided against by any ordinance of the city, or mentioned in this chapter, and, does any act toward it, but fails, or is intercepted or prevented in its execution, where no express provision is hereinbefore made, or by any ordinance of the city made for the punishment of such attempt, shall upon conviction thereof of such attempt be punishable as provided by DMC 1.04.010. (Ord. 59 § 24, 1899).

9.04.230 Procedure for breaches not covered.

In all ordinances and laws of the city, wherein no punishment for breach of the same is provided by ordinance or law, a breach or violation of any of the terms of the ordinance shall be deemed a misdemeanor and upon conviction thereof the violator of any of said conditions, shall be punishable as provided by DMC 1.04.010. (Ord. 59 § 25, 1899).

9.04.240 Lottery.

It is unlawful for any person within the corporate limits of the city to sell any lottery tickets, or shares in any lottery for the division of property to be determined by chance or make or draw any scheme for the division of property or money not authorized by law. (Ord. 59 § 27, 1899).

9.04.250 Games of chance.

It is unlawful for any person or persons, within the corporate limits of the city, to deal, play, carry on, or open or cause to be opened, or conduct either as owner, proprietor or employee, whether for hire, or not, any game of chance, any game played with cards, dice, or other device, or any game or scheme whatever, whether the same is played for money, checks, credits, or any other representative of value, or any game or scheme wherein any party playing thereat would have an opportunity to lose anything of value, and all slot machines of every kind and nature. All contrivances made for the purpose of gaining by chance, shall be included within the meaning of this section and are to be prohibited thereby; and any person or persons found violating any of the provisions of this section shall be deemed guilty of a misdemeanor; provided, further, that anyone to whom a license has been granted for carrying on any business within the limits of the city, who allows any of the above enumerated prohibited games to be carried on in his place of business, shall also be deemed guilty of misdemeanor, and upon conviction thereof shall be punishable as provided in DMC 1.04.010 and have his license forfeited by the city council. (Ord. 59 § 28, 1899).

9.04.260 Gaming house.

It is unlawful for any person or persons to lease, let, or rent any room or building or part of a building, within the city for a gaming house or for any purpose prohibited by the ordinances of the city or permit to be carried on, conducted or transacted upon or within his premises any game or act prohibited by the ordinances of the city, or any of them, and whoever is convicted of disobeying this section or any of its provisions, either directly or indirectly, shall be deemed guilty of a misdemeanor; provided that any agent handling any property used for any of the above prohibited games or acts, shall be deemed to be the owner of the property so far as this act goes and shall be punished the same as the real and true owner might or would be. (Ord. 59 § 29, 1899).

9.04.270 Officer concealing breach of law – Chief of police refusing to prefer charges.

It is unlawful for any officer of the city to conceal any act to be done which is a breach of any of the ordinances of the city if in his power to prevent the same, and it is made his duty to report all such violations to the chief of police who shall immediately prefer charges against the offender and see that he be brought to answer for his crime. If any officer fails or refuses to inform the chief of police, or if the chief of police refuses to prefer charges against all violators of the ordinances of the city, then upon conviction thereof, one so convicted shall be deemed guilty of a misdemeanor. (Ord. 59 § 30, 1899).

For state criminal code, see RCW Titles 9 and 9A.