Chapter 9.02
GENERAL PROVISIONS
Sections:
9.02.005 Definitions and general provisions.
9.02.010 Burden of proof – Definitions – Chapter 9A.04 RCW et seq. adopted.
9.02.040 Complicity – RCW 9A.08.020 adopted.
9.02.050 Criminal attempt – RCW 9A.28.020 adopted.
9.02.060 Criminal conspiracy – RCW 9A.28.040 adopted.
9.02.070 Culpability – RCW 9A.08.010 adopted.
9.02.080 Liability of corporations – RCW 9A.08.030 adopted.
9.02.090 Citizen immunity if aiding a police officer – RCW 9.01.055 adopted.
9.02.100 Omissions – When not punishable – RCW 9.01.110 adopted.
9.02.110 Sending letter – When complete – RCW 9.01.130 adopted.
9.02.120 Insanity – RCW 9A.12.010 adopted.
9.02.130 Defenses – Chapter 9A.16 RCW et seq. adopted.
9.02.005 Definitions and general provisions.
A. As used in this title, “RCW” shall mean the Revised Code of Washington.
B. As used in this title, “EMC” shall mean the Eatonville Municipal Code.
C. By adopting Washington State statutes by reference in this title, and in other titles, the town intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution (whether directly or, per the direction of the council, through another municipality or political subdivision through an interlocal agreement under RCW 39.34.180) of misdemeanor and gross misdemeanor crimes committed within the town of Eatonville. Whenever the word “state” shall appear in any statute adopted by reference in this title, and in other titles, the word “town” shall be substituted therefor; provided, however, the term “town” shall not be substituted for the term “state” in those circumstances that set forth administrative or licensing duties of the state and/or its departments and/or its subdivisions.
D. Whenever a state statute adopted in this title, and in other titles, refers to another state statute not specifically adopted in this title, the statute referred to shall be given the force and effect necessary to enforce the statute adopted in this title.
E. Any state statute that is adopted by reference in this title, and in other titles, and which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted by reference in this title shall retain its full force and effect as part of this title subsequent to the effective date of its amendment or recodification.
F. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this title, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number.
G. Title, chapter, section and subsection captions are for organizational purposes only and shall not be construed as part of this title.
H. The provisions of this title do not apply to or govern the construction of or punishment of any offense committed prior to the effective date of this title or to the construction and application of any defense to a prosecution for such offense. Such an offense shall be construed and punished according to the provisions of the law existing at the time of the commission of the offense in the same manner as if this title had not been enacted.
I. As used in this title, words used in the present tense include future tense; the masculine includes feminine and neutral genders; and the singular includes the plural and vice versa.
J. The provisions of this title are not intended to create any duty to individuals or to any particular class of individuals, but rather are enacted as duties owed to the public in general.
K. Unless otherwise provided in this title, violation of any provision of this title shall be punishable by:
1. Gross misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than up to 364 days, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.
2. Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.
L. Violations of other titles of the Eatonville Municipal Code designated as gross misdemeanors or misdemeanors shall, notwithstanding contrary criminal penalty provisions of those titles, be punishable as follows.
1. Gross misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than up to 364 days, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.
2. Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 2013-03 § 3, 2013).
9.02.010 Burden of proof – Definitions – Chapter 9A.04 RCW et seq. adopted.
The following provisions of Chapter 9A.04 RCW are hereby adopted including any subsequent amendments thereto: 9A.04.100, 9A.04.110. (Ord. 90-34 § 2, 1990).
Editor’s Note: Ord. 90-34 contained two sections numbered “2”. The other is codified at § 9.02.040.
9.02.020 RCW construction.
In adopting the state’s 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 felonies and misdemeanors or gross misdemeanors, only the language applicable to misdemeanors or gross misdemeanors is to be applied. (Ord. 90-34 § 7, 1990).
Editor’s Note: Ord. 90-34 contained two sections numbered “7.” The other is codified at § 9.02.090.
9.02.030 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 or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this title. (Ord. 90-34 § 8, 1990).
Editor’s Note: Ord. 90-34 contained two sections numbered “8”. The other is codified at § 9.02.100.
9.02.040 Complicity – RCW 9A.08.020 adopted.
RCW 9A.08.020 is hereby adopted including any subsequent amendments thereto. (Ord. 90-34 § 2, 1990).
Editor’s Note: Ord. 90-34 contained two sections numbered “2”. The other is codified at § 9.02.010.
9.02.050 Criminal attempt – RCW 9A.28.020 adopted.
RCW 9A.28.020 is hereby adopted including any subsequent amendments thereto. (Ord. 90-34 § 3, 1990).
9.02.060 Criminal conspiracy – RCW 9A.28.040 adopted.
RCW 9A.28.040 is hereby adopted including any subsequent amendments thereto. (Ord. 90-34 § 4, 1990).
9.02.070 Culpability – RCW 9A.08.010 adopted.
RCW 9A.08.010, is hereby adopted including any subsequent amendments thereto. (Ord. 90-34 § 5, 1990).
9.02.080 Liability of corporations – RCW 9A.08.030 adopted.
RCW 9A.08.030 is hereby adopted including any subsequent amendments thereto. (Ord. 90-34 § 6, 1990).
9.02.090 Citizen immunity if aiding a police officer – RCW 9.01.055 adopted.
RCW 9.01.055 is hereby adopted including any subsequent amendments thereto. (Ord. 90-34 § 7, 1990).
Editor’s Note: Ord. 90-34 contained two sections numbered “7”. The other is codified at § 9.02.020.
9.02.100 Omissions – When not punishable – RCW 9.01.110 adopted.
RCW 9.01.110 is hereby adopted including any subsequent amendments thereto. (Ord. 90-34 § 8, 1991).
Editor’s Note: Ord. 90-34 contained two sections numbered “8”. The other is codified at § 9.02.030.
9.02.110 Sending letter – When complete – RCW 9.01.130 adopted.
RCW 9.01.130 is hereby adopted including any subsequent amendments thereto. (Ord. 90-34 § 9, 1990).
9.02.120 Insanity – RCW 9A.12.010 adopted.
RCW 9A.12.010 is hereby adopted including any subsequent amendments thereto. (Ord. 90-34 § 10, 1990).
9.02.130 Defenses – Chapter 9A.16 RCW et seq. adopted.
The following provisions of Chapter 9A.16 RCW are hereby adopted including any subsequent amendments thereto: 9A.16.010, 9A.16.020, 9A.16.060, 9A.16.070, 9A.16.080, 9A.16.090, 9A.16.100. (Ord. 90-34 § 11, 1990).