Chapter 9.01
PRELIMINARY ARTICLE
Sections:
9.01.005 Adoption by reference of state misdemeanor and gross misdemeanor offenses.
9.01.010 Title – Effective date – Applicability.
9.01.030 Principles of liability.
9.01.005 Adoption by reference of state misdemeanor and gross misdemeanor offenses.
To the extent not otherwise specifically adopted by reference in this code, the city adopts, by reference, those provisions in the Revised Code of Washington which apply to misdemeanor and gross misdemeanor offenses, including all future amendments. The city adopts those provisions to confirm the city’s jurisdiction in carrying out its responsibilities under RCW 39.34.180. The city clerk shall keep one copy of the Revised Code of Washington on file available for public review. (Ord. 06-14 § 4, 2006)
9.01.010 Title – Effective date – Applicability.
A. This title shall be known and may be cited as the “East Wenatchee municipal criminal code” and shall become effective on March 16, 1988.
B. The provisions of this title shall apply to any offense committed on or after March 16, 1988, which is defined in this title unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense.
C. The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to March 16, 1988, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted. (Ord. 88-3, 1988)
9.01.020 General provisions.
The following state statutes, including all future amendments, are adopted by reference:
RCW
9.01.055 Citizen immunity if aiding officer.
9.01.110 Omission, when not punishable.
9.01.130 Sending letter, when complete.
9A.04.020 Purposes – Principles of construction.
9A.04.040 Classes of crime.
9A.04.050 People capable of committing crimes – Capability of children.
9A.04.060 Common law to supplement statutes.
9A.04.070 Who amenable to criminal statutes.
9A.04.090 Application of general provisions.
9A.04.100 Proof beyond a reasonable doubt.
9A.04.110 Definitions.
(Ord. 88-3, 1988)
9.01.030 Principles of liability.
The following state statutes, including all future amendments, are adopted by reference:
RCW
9A.08.010 General requirements of culpability.
9A.08.020 Liability of conduct of another – Complicity.
9A.08.030 Criminal liability of corporations and persons acting under a duty to act in their behalf.
(Ord. 88-3, 1988)
9.01.040 Defenses.
The following state statutes, including all future amendments, are adopted by reference:
RCW
9A.12.010 Insanity.
9A.16.010 Definition.
9A.16.020 Use of force – When lawful.
9A.16.060 Duress.
9A.16.070 Entrapment.
9A.16.080 Action for being detained on mercantile establishment – Premises for investigation – “Reasonable Grounds” as defense.
9A.16.090 Intoxication.
(Ord. 88-3, 1988)
9.01.050 Contempt.
The following state statutes, including all future amendments, are adopted by reference:
RCW
7.20.010 Contempt of court defined.
7.20.020 Punishment – General.
7.20.030 Contempt in presence of court – Summary punishment.
7.20.040 Procedure in other cases.
7.20.050 Production of defendant if in custody.
7.20.060 How prosecuted.
7.20.070 Return of warrant – Examination of defendant.
7.20.090 Judgment and sentence.
7.20.100 Indemnity to injured party.
(Ord. 88-3, 1988)
9.01.060 Penalty.
A. Any person convicted of a gross misdemeanor shall be punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed one year, or by both such fine and imprisonment.
B. Unless otherwise provided, any person convicted of violating the provisions of this title shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.
C. In addition to the penalty provisions set forth in this section, a person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fines or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. (Ord. 89-8 § 1, 1989; Ord. 88-3, 1988)
9.01.070 Construction.
In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors is to be applied. (Ord. 88-3, 1988)
9.01.080 Severability.
If any section, sentence, clause or phrase of this title should be held to be invalid, or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this title. (Ord. 88-3, 1988)