Chapter 9.01
GENERAL PROVISIONS
Sections:
9.01.000 Adoption by reference.
9.01.001 References to the Revised Code of Washington.
9.01.002 Washington Administrative Code.
9.01.005 Adoption by reference.
9.01.010 Purposes – Principles of construction.
9.01.020 Criminal jurisdiction.
9.01.030 Common law to supplement title.
9.01.050 Title – Effective date – Application – Severability.
9.01.090 State statutes adopted – Controlled substances.
9.01.000 Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.04.060 Common law to supplement statutes
9A.04.070 Who amenable to criminal statutes
9A.04.080 Limitation of actions
9A.04.090 Application of general provisions of code
10.31.100 Arrest without warrant
(Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007)
9.01.001 References to the Revised Code of Washington.
References to the Revised Code of Washington (RCW) incorporate, by reference, such sections of the Revised Code of Washington now in effect or as subsequently amended including, but not limited to, any applicable definitions section associated with such sections. In adopting 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 define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007)
9.01.002 Washington Administrative Code.
References to the Washington Administrative Code (WAC) incorporate, by reference, such sections of the Washington Administrative Code now in effect or as subsequently amended, including, but not limited to, any applicable definition section associated with such sections. In adopting state statutes and administrative codes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007)
9.01.003 Restitution.
The Ferndale Municipal Court may impose restitution as provided in RCW 9A.20.030. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007)
9.01.004 Severability.
If any provision of this title or its application or circumstances is held invalid, the remainder of the title or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007)
9.01.005 Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
7.105.450 Enforcement and penalties – Other than antiharassment protection orders and extreme risk protection orders
9.08.010 General requirements of culpability
9.08.020 Liability for conduct of another – Complicity
9.08.030 Criminal liability of corporations and persons acting under a duty to act in their behalf
9A.12.010 Insanity
9A.16.010 Definitions
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
9A.16.100 Use of force on children
9A.28.020 Criminal attempt
9A.28.030 Criminal solicitation
9A.28.040 Criminal conspiracy
(Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007)
9.01.010 Purposes – Principles of construction.
A. The general purposes of the provisions governing the definition of offenses are:
1. To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests.
2. To give fair warning of the nature of the conduct declared to constitute an offense.
B. The provisions of this title shall be construed according to the fair import of their terms, but when the language is susceptible of differing constructions, it shall be interpreted to further the general purposes stated in this title. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.01.020 Criminal jurisdiction.
The following persons are liable to punishment:
A. A person who commits any crime completely or partially within this jurisdiction;
B. A person who commits any act outside this jurisdiction which, if committed within it, would be theft, and is afterward found in this jurisdiction with any of the stolen property;
C. A person outside this jurisdiction who counsels, procures, aids, abets or causes another to commit a crime within this jurisdiction;
D. A person who commits an act outside of this jurisdiction which affects persons or property within this jurisdiction and which would be a crime if committed within this jurisdiction. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.01.030 Common law to supplement title.
The provisions of the common law relating to the commission of crimes and the punishment therefor, insofar as not inconsistent with the Constitution, statutes and ordinances, shall supplement this title. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.01.040 Definitions.
In this title, unless a different meaning plainly is required:
A. “Acted” includes, where relevant, omitted to act.
B. “Actor” includes, where relevant, a person failing to act.
C. “Benefit” means any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary.
D. “Bodily injury” or “physical injury” means physical pain, illness or an impairment of physical condition.
E. “Building,” in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container or any other structure used for the lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building.
F. “Deadly weapon” means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article or substance, including a “vehicle” as defined in this section, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious bodily injury.
G. “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging.
H. “Government” includes any branch, subdivision or agency of the government of this state and any county, city or other governmental unit.
I. “Governmental function” includes any activity that a public servant is legally authorized or permitted to undertake on behalf of a government.
J. “Judge” includes every judicial officer authorized, alone or with others, to hold or preside over court.
K. “Malice” and “maliciously” shall import an evil intent, wish or design to vex, annoy or injure another person. Malice may be inferred from an act done in disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of duty.
L. “Officer” and “public officer” mean a person holding office under a city, county, state or the federal government who performs a public function and in so doing is vested with the exercise of some sovereign power of government, and include all assistants, deputies, clerks and employees of any public officer and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer.
M. “Omission” means a failure to act.
N. “Peace officer” means a duly appointed City, county, state or federal law enforcement officer.
O. “Pecuniary benefit” means any gain or advantage in the form of money, property, commercial interest or anything else the primary significance of which is economic gain.
P. “Person,” “he” and “actor” include any natural person and, where relevant, a corporation, joint stock association or unincorporated association.
Q. “Prisoner” includes any person held in custody under process of law or under lawful arrest.
R. “Property” means anything of value, whether tangible or intangible, real or personal.
S. “Public servant” means any person other than a witness who presently occupies the position of or has been elected, appointed or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror and any person participating as an advisor, consultant or otherwise in performing a governmental function.
T. “Signature” includes any memorandum, mark or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto.
U. “Threat” means to communicate directly or indirectly the intent:
1. To cause bodily injury in the future to the person threatened or to any other person; or
2. To cause physical damage to the property of a person other than the actor; or
3. To subject the person threatened or any other person to physical confinement or restraint; or
4. To accuse any person of a crime or cause criminal charges to be instituted against any person; or
5. To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule; or
6. To reveal any information sought to be concealed by the person threatened; or
7. To testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
8. To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or
9. To bring about or continue a strike, boycott or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or
10. To do any other act which is intended to harm substantially the person threatened or another with respect to his health, safety, business, financial condition or personal relationships.
V. “Vehicle” means a “motor vehicle” as defined in the vehicle and traffic laws and any aircraft or vessel equipped for propulsion by mechanical means or by sail.
W. Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.01.050 Title – Effective date – Application – Severability.
A. This title shall be known and may be cited as the “Ferndale criminal code” and shall be effective on the sixth day after the passage and publication of the ordinance codified in this title.
B. The provisions of the ordinance codified in this title shall apply to any offense committed on or after its effective date and shall act to repeal any inconsistent criminal ordinance provisions.
C. The provisions of this title do not apply to or govern the construction of any punishment for any offense committed prior to the effective date of the ordinance codified in this title, 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.
D. If any provisions of this title or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provisions to other persons or circumstances, is not affected, and to this end the provisions of this title are declared to be severable. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.01.060 Violation – Penalty.
Except as otherwise specifically provided herein, any person violating any section or provision of this title is guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $500.00 or by imprisonment not to exceed 180 days, or by both such fine and imprisonment. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)
9.01.090 State statutes adopted – Controlled substances.
The following criminal provisions of the statutes contained in the RCW as they relate to drugs, prescription or otherwise, and other controlled substances, defining crimes and prescribing penalties, are adopted by this reference:
Chapters 69.38, 69.40, 69.41 and 69.50 RCW, as well as the WACs incorporated by reference in those statutes.
If any of the state statutes hereby adopted by reference are amended by the State Legislature or the people, including repeal and substitution of other language or recodifications, then such amendments are further incorporated by reference in this section and the City code codification. (Ord. 2215 § 1 (Att. 1), 2023; Ord. 2136 § 1, 2020)