Chapter 6.40 DISHONESTY

(Ord. No. 12-726, § 1, 8-7-12; Ord. No. 09-601, § 12, 1-6-09; Ord. No. 04-463, § 3, 8-3-04; Ord. No. 04-458, § 4, 2-3-04; Ord. No. 00-374, § 4, 9-19-00; Ord. No. 95-254, § 1, 12-5-95; Ord. No. 91-89, § 1(9.22.010), 3-5-91. Code 2001 § 6-161.)

6.40.020 False representations.

The following state statutes are adopted by reference:

RCW

9.38.010 False representation concerning credit.

9.38.020 False representation concerning title.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 91-89, § 1(9.22.020), 3-5-91. Code 2001 § 6-162.)

6.40.025 Identity theft, nonfelony.

(1) Definitions. The following definitions are applicable in this chapter unless the context otherwise requires:

(a) “Financial information” means any of the following information identifiable to the individual that concerns the amount and conditions of an individual’s assets, liabilities, or credit:

(i) Account numbers and balances;

(ii) Transactional information concerning an account; and

(iii) Codes, passwords, Social Security numbers, tax identification numbers, driver’s license or permit numbers, state identicard numbers issued by the Department of Licensing, and other information held for the purpose of account access or transaction initiation.

(b) “Means of identification” means information or an item that is not describing finances or credit but is personal to or identifiable with an individual or other person, including: A current or former name of the person, telephone number, an electronic address, or identifier of the individual or a member of his or her family, including the ancestor of the person; information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; a Social Security, driver’s license, or tax identification number of the individual or a member of his or her family; and other information that could be used to identify the person, including unique biometric data.

(c) “Victim” means a person whose means of identification or financial information has been obtained, used or transferred with the intent to commit, or to aid or abet, any unlawful activity.

(2) A person is guilty of identity theft, nonfelony, if he or she knowingly obtains, possesses, uses, or transfers a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime and the total amount of loss by the victim(s) of the identity theft is less than $1,000.

(3) A person who violates this section is liable for civil damages of $1,000 or actual damages, whichever is greater, including costs to repair the victim’s credit record, and reasonable attorneys’ fees as determined by the court.

(4) In a proceeding under this section, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

(5) The provisions of this section do not apply to any person who obtains another person’s driver’s license or other form of identification for the sole purpose of misrepresenting his or her age.

(6) Identity theft, nonfelony, is a gross misdemeanor.

(7) This section is intended to supplement city jurisdiction in cases of identity theft declined by the county. If a person is charged with identity theft under state law for a particular incident, they shall not be charged under this section. If a state agency wishes to charge an identity theft case under state law, the city shall dismiss its case to allow that to happen.

(Ord. No. 11-703, § 1, 10-4-11.)

6.40.030 Forgery, nonfelony.

(1) A person is guilty of forgery, nonfelony, if, with intent to injure or defraud:

(a) He falsely makes, completes, or alters a written instrument; or

(b) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he knows to be forged.

(2) Forgery, nonfelony, is a gross misdemeanor.

(3) This section is intended to supplement city jurisdiction in cases of forgery declined by the county. If a person is charged with forgery under state law for a particular incident, they shall not be charged under this section. If a state agency wishes to charge a forgery case under state law the city shall dismiss its case to allow that to happen.

(Ord. No. 15-805, § 1, 11-3-15; Ord. No. 09-601, § 16, 1-6-09; Ord. No. 02-429, § 5, 11-19-02. Code 2001 § 6-163.)

6.40.040 Brand and marks, crimes relating to.

The following state statutes are adopted by reference:

RCW

9.16.005 Definitions.

9.16.030 Counterfeit mark – Intellectual property.

9.16.035 Counterfeiting – Penalties.

(Res. No. 09-539, § 1, 1-6-09; Ord. No. 06-518, § 2, 3-7-06. Code 2001 § 6-164.)

6.40.050 Massage practitioners.

It shall be unlawful for any person to practice or represent himself or herself as a massage practitioner without first applying for and receiving a license to practice from the State Department of Licensing. RCW 18.108.190 is adopted by reference. To the extent authorized by RCW 18.108.190, city law enforcement officers shall have the authority to inspect the premises of any business where massages are given. Failure to have a license as required by this section is a misdemeanor.

(Ord. No. 09-601, § 17, 1-6-09. Code 2001 § 6-165.)

6.40.060 Crimes involving business regulations.

The following state statutes are adopted by reference:

RCW

19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud – Penalty.

19.60.066 Prohibited acts – Penalty.

(Ord. No. 09-601, § 18, 1-6-09. Code 2001 § 6-166.)

6.40.070 Crimes involving pawnbrokers and secondhand dealers.

Every pawnbroker or secondhand dealer, and every clerk, agent or employee of such pawnbroker or secondhand dealer, who commits the following acts is guilty of a misdemeanor:

(1) Falsifies, obliterates, destroys or removes from his or her place of business such book or record;

(2) Refuses to allow a representative of the law enforcement authority for the city to inspect the same, or any goods in his or her possession, during the ordinary hours of business;

(3) Reports any material falsely to the law enforcement authority for the city;

(4) Fails before close of business on the first day of the week to furnish the law enforcement authority for the city with a full, true and correct transcript of the record of all transactions had during the past business week;

(5) Fails to report forthwith to the law enforcement authority for the city that possession of any property which he or she may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when received, and the name of the person from whom the same was received;

(6) Removes or allows to be removed from his or her place of business, except upon redemption by the owner thereof, any property received within five years after receipt thereof has been reported to the law enforcement authority for the city;

(7) Receives any property from any person which he or she has good cause to believe is lost or stolen;

(8) Refuses to return property, which has been identified as stolen or pawned without authorization, to any person the pawnbroker, a clerk or employee knows to be the rightful owner, or to charge a fee for the return of such property to the rightful owner;

(9) Violates any provision of Chapter 12.15 FWRC by an act of either omission or commission.

(Ord. No. 09-601, § 19, 1-6-09. Code 2001 § 6-167.)

6.40.080 Crimes involving scrap metal business.

The following state statutes regarding metal property are adopted by reference:

RCW

19.290.050 Reports to law enforcement.

19.290.060 Stolen metal property – Preserving evidence.

19.290.070 Violations – Penalty.

19.290.080 Civil penalties.

19.290.090 Exemptions from chapter.

19.290.100 Scrap metal license – Penalties.

19.290.190 Inspection of licenses premises and records.

19.290.230 Seizure and forfeiture.

(Ord. No. 14-758, § 1, 2-4-14.)