Chapter 6.30
PROPERTY
Sections:
6.30.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
6.30.020 Malicious mischief and obscuring identity of machines.
6.30.030 Trespass and related crimes.
6.30.040 Disruption of school activities.
6.30.060 Making or having burglary or vehicle theft tools.
6.30.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes are adopted by reference:
RCW
9.26A.110 Fraud in obtaining telecommunications service – Penalty.
9.54.130 Restoration of stolen property – Duty of officers.
9A.56.010 Definitions.
9A.56.020 Theft – Definition, defense.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.096 Theft of rented, leased, or lease-purchased property.
9A.56.140 Possessing stolen property – Definition, credit cards, presumption.
9A.56.170 Possessing stolen property in the third degree.
9A.56.220 Theft of cable television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.280 Credit, debit cards, checks, etc. – Definitions.
(Ord. No. 22-943, § 2, 11-15-22; Res. No. 09-539, § 1, 1-6-09; Ord. No. 04-463, § 4, 8-3-04; Ord. No. 04-458, § 5, 2-3-04; Ord. No. 02-429, § 6, 11-19-02; Ord. No. 01-401, § 1, 8-7-01; Ord. No. 00-374, § 6, 9-19-00; Ord. No. 91-89, § 1(9.28.010), 3-5-91. Code 2001 § 6-211.)
6.30.020 Malicious mischief and obscuring identity of machines.
The following state statutes are adopted by reference:
RCW
9A.48.090 Malicious mischief in the third degree.
9A.48.100(1) Malicious mischief and physical damage defined.
9A.48.110 Defacing a state monument.
9A.56.180 Obscuring identity of a machine.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 00-374, § 7, 9-19-00; Ord. No. 91-89, § 1(9.28.020), 3-5-91. Code 2001 § 6-212.)
6.30.030 Trespass and related crimes.
The following state statutes are adopted by reference:
RCW
9A.52.010 Definitions.
9A.52.060 Making or having burglary tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass – Defenses.
9A.52.100 Vehicle prowling.
9A.52.120 Computer trespass in the second degree.
9A.52.130 Computer trespass – Commission of other crime.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 91-89, § 1(9.28.030), 3-5-91. Code 2001 § 6-213.)
6.30.040 Disruption of school activities.
(1) A person is guilty of disruption of school activities if he or she comes into or remains in any school building, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto, and intentionally causes disruption of the activities of the school.
(2) As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education.
(Ord. No. 91-89, § 1(9.28.040), 3-5-91. Code 2001 § 6-214.)
6.30.050 Graffiti.
(1) Prohibited. No person shall commit the offenses of graffiti, aggravated graffiti, possession of graffiti tools, or minor in possession of graffiti tools.
(2) Graffiti defined. A person is guilty of the offense of “graffiti” if he or she willfully defaces public or private property including any property of the city by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures being transferred onto the face of said private or public property, unless the person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such private property, or unless the act is done under the personal direction of said owner or tenant and provided such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations.
(3) Aggravated graffiti defined. A person is guilty of the offense of “aggravated graffiti” if he or she has been previously convicted of “graffiti,” or malicious mischief in the third degree, or a similar offense, and commits the offense of “graffiti.”
(4) Possession of graffiti tools defined. A person is guilty of the offense of “possession of graffiti tools” if he or she possesses a pressurized paint container defined under FWRC 7.15.020, indelible broad-tipped marker pen as defined under FWRC 7.15.020, acid etch or any other object capable of defacing property, under circumstances demonstrating an intent to commit graffiti.
(5) Minor in possession of graffiti tools defined. A person is guilty of the offense of “minor in possession of graffiti tools” if he or she is under the age of 18 years, not accompanied by a responsible adult, and possesses a pressurized paint container in a public place or on private property without the consent of the owner, lessee, or other person entitled to legal possession thereof.
(6) Penalties. Unless otherwise provided, any person violating the provisions of this section shall be guilty of a gross misdemeanor and shall, in addition to any other fine imposed, be further subject to a mandatory imposition of assessment of costs pursuant to Chapter 10.64 RCW (1993 Session Laws, Chapter 355), in the amount of $50.00 per day of jail actually imposed; and in addition to this penalty, such person may, in the sound discretion of the court, be directed by the court to erase and remove from any public place or any public property or any private property with the permission of the owner or the person in possession of the property upon which it is established that such person has committed the offense of “graffiti,” any and all graffiti inscribed thereon by anyone prior to the date of the execution of the sentence. In addition to any financial penalties under this section, any person found guilty of “aggravated graffiti” shall be punished by imprisonment of not less than five days upon the first such conviction; imprisonment of not less than 10 days upon the second such conviction; and imprisonment of not less than 30 days upon the third or subsequent convictions.
(Ord. No. 07-565, § 1, 11-6-07; Ord. No. 07-551, § 1, 3-20-07; Ord. No. 94-208, § 1, 2-1-94. Code 2001 § 6-215.)
6.30.060 Making or having burglary or vehicle theft tools.
(1) Every person who shall make or mend, or cause to be made or mended, or have in his possession any engine, machine, tool, false key, pick lock, bit, nippers, implement, or any other item listed in subsection (2) of this section, that is adapted, designed, or commonly used for the commission of burglary or vehicle-related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary or vehicle-related theft, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools or vehicle theft tools.
(2) The following tools are to be considered prohibited implements: slim jim, false master key, master purpose key, altered or filed key, trial (“jiggler”) keys, slide hammer, lock puller, or any other implement shown by facts and circumstances is intended to be used in the commission of a burglary or vehicle-involved theft.
(3) For the purposes hereof, the following definitions shall apply:
“False master” or “master key” means any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for which the key was originally manufactured.
“Altered key” means any key so altered, by cutting, filing, or other means, to fit multiple vehicles, or vehicles other than the vehicle for which the key was originally intended.
“Trial (‘jiggler’) keys” means keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured.
“Vehicle-related theft” means a theft of a vehicle or a theft from a vehicle.
(4) It shall be prima facie evidence of “circumstances evincing an intent to use for commission of burglary or vehicle-related theft” for a person to be in possession of more than three vehicle keys, or altered vehicle keys, unless such person is a bona fide locksmith or an employee of a licensed auto dealer or other position for which the possession of such keys is required in the performance of the person’s duties.
(5) Making or having burglar or vehicle theft tools is a gross misdemeanor.
(Ord. No. 05-502, § 1, 9-20-05. Code 2001 § 6-216.)
6.30.070 Shopping cart theft.
(1) Adoption. RCW 9A.56.270, Shopping cart theft, as now enacted or hereafter amended, is adopted by reference.
(2) Seizure. Any such stolen shopping cart shall be subject to seizure related fees as provided by FWRC 7.25.040.
(3) Personal property. The city shall develop procedures to ensure appropriate treatment and/or storage of any personal property located in a shopping cart subject to seizure in accordance with applicable law.
(Ord. No. 22-943, § 7, 11-15-22.)