Chapter 9.05 OFFENSES AGAINST PROPERTY

A person is guilty of defrauding an innkeeper if he or she obtains any food, lodging or accommodation at any hotel, motel, restaurant, boardinghouse or lodginghouse without paying therefor, with the intent to defraud the proprietor or manager thereof, or obtains credit at a hotel, motel, restaurant, boardinghouse or lodginghouse by color or aid of any false pretense, representation, token or writing, or otherwise absconds or surreptitiously removes his or her baggage therefrom without paying for such food, lodging or accommodation. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.015 Adoption by reference – Fraud and deceit.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.02.050 Concealing birth

9.04.010 False advertising

9.04.099 Advertising fuel prices by service stations

9.08.030 False certificate of registration of animals

9.16.010 Definitions

9.16.080 Sale of petroleum products improperly labeled or graded

9.16.090 Petroleum products – Penalty

9.24.010 Fraud in corporate stock subscription

9.26A.090 Telephone company credit cards – Prohibited acts

9.26A.100 Definitions

9.26A.110 Fraud in obtaining telecommunications services – Penalty

9.26A.120 Fraud in operating coin-box telephone or other receptacle

9.26A.130 Penalty for manufacture of sale of scrap to be used for coin

9.44.080 Misconduct in signing petition

9.45.060 Failure to deliver leased personal property

9.45.080 Fraudulent removal of property

9.45.090 Knowingly receiving fraudulent conveyance

9.45.100 Fraud in assignment for benefit of creditors

9.38.010 False representation concerning credit

9.38.015 False statement by deposit account applicant

9.38.020 False representation concerning title

9.62.010 Malicious prosecution

9.62.020 Instituting suit in the name of another

9.91.140 Food stamps

9A.60.010 Definitions

9A.60.040 Criminal impersonation

9A.60.050 False certification

9A.61.020 Defrauding a public utility

9A.61.050 Defrauding a public utility in the third degree

9A.61.060 Restitution and costs

9A.61.070 Damages not precluded

19.48.110 Defrauding an innkeeper or restaurant

48.30.230 False insurance claims or proof

(Ord. 1432 § 1, 2007)

9.05.020 Interfering with street signs.

A person is guilty of interfering with street signs if he or she removes, defaces, damages, destroys or obscures any street sign, barricade or other warning device erected or authorized by the City. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.030 Littering.

A person is guilty of littering if he or she throws or deposits litter on any occupied property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other place. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.040 Malicious mischief.

A person is guilty of malicious mischief if he or she knowingly and maliciously causes physical damage to the property of another which can be repaired for less than $250.00 by a qualified person in the business of making such repairs. Malicious mischief shall not include acts of graffiti vandalism, which are subject to Chapter 9.08 FMC. (Ord. 1662 § 2, 2011; Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.050 Peddling or soliciting without a license.

A. A person is guilty of peddling or soliciting without a license if he or she occupies a stand or travels about, either as principal or agent, and either on foot, by motor vehicle or any other type of conveyance, moving from house to house or place to place, taking or attempting to take orders for the sale of property for future delivery and/or service to be performed in the future, whether or not such person carries samples, and whether or not such person collects advance payments without having a license to do so issued by the City.

B. This section shall not be construed as applicable to salespeople calling on their retail or wholesale trade or persons engaged in advertising, insurance or newspaper sales or locally based nonprofit organizations. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.060 Possession of stolen property.

A person is guilty of possession of stolen property if he or she acquires, possesses, retains or disposes of property of another knowing that it has been stolen or consciously disregarding a substantial risk that it has been stolen unless it is acquired or retained with the purpose of restoring it to its owner. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.070 Reckless burning.

A person is guilty of reckless burning if he or she knowingly causes a fire or explosion, whether on his or her own property or that of another, and thereby recklessly places a building, structure, vehicle, railway car, crop, timber or other property in danger of destruction or damage. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.080 Shoplifting.

A. A person is guilty of shoplifting if he or she wilfully takes possession of any goods, wares or merchandise of a value not exceeding $250.00 offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the seller, with the intention of converting such goods, wares or merchandise to his or her own use without having paid the purchase price thereof.

B. A duly appointed City, county or state law enforcement officer may, upon a charge being made and without a warrant, arrest any person whom he or she has reasonable cause to believe has committed or has attempted to commit the crime of shoplifting. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.090 Theft.

A person is guilty of theft if he or she:

A. Wrongfully obtains or exerts unauthorized control over the property or services of another (or the value thereof), with the intent to deprive him or her of such property or services; or

B. By color or aid of deception obtains control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

C. Appropriates lost or misdelivered property or services of another, or the value thereof, with the intent to deprive him or her of such property or services;

D. In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable;

E. A person is guilty of theft if the amount or value involved does not exceed $250.00. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.100 Theft of property lost, mislaid or delivered by mistake.

A person is guilty of theft of property lost, mislaid or delivered by mistake if he or she obtains or exerts control over property of another having a value not exceeding $250.00 that he or she knows to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, without first taking reasonable measures to discover and notify the owner. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.110 Trespass.

A. A person is guilty of trespass if he or she knowingly enters or remains in any building or occupied structure or separately secured or occupied portion thereof including, without limitation, publicly owned or occupied buildings, structures or portions thereof, without a license, permission or privilege to do so.

B. A person is guilty of trespass if he or she knowingly enters or remains in any public or private place or premises without a license, permission or privilege to do so where notice against trespass thereon is given by the owner or some other authorized person through:

1. Actual communication to the actor; or

2. Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

3. Fencing or other enclosure manifestly designed to exclude intruders.

C. A person is guilty of trespass if he or she knowingly defies an order to leave a public or private place or premises where not licensed, permitted or privileged to remain if the order is communicated to him by the owner of the place or premises or by some other authorized person. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.120 Unlawful interference with gas, electricity or water.

A person is guilty of unlawful interference with gas, electricity or water if he or she, with intent to injure or defraud:

A. Breaks or defaces any seal of any gas, electric or water meter; or

B. Obstructs, alters, injures or prevents the action of any meter or other instrument used to measure or register the quantity of gas, electricity or water supplied to a consumer thereof; or

C. Makes any connection by means of any conduit, wire, pipe or otherwise with any main, wire or pipe used for the delivery of gas, electricity or water to a consumer thereof in such a manner as to take gas, electricity or water from said main, wire or pipe without its full passage through the meter or other instrument provided for registering the amount or quantity consumed; or uses any gas, electricity or water so obtained; or

D. Makes any connection or reconnection with such main, wire or pipe, or turns on or off, or in any manner interferes with, any valve, stopcock or other appliances connected therewith; or

E. Prevents by the erection of any device or construction, or by any other means, free access to any meter or other instrument for registering or measuring the amount of gas, electricity or water consumed, or interferes with, obstructs or prevents, the reading or inspection of such meter or instrument by any person, company or corporation owning the same. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.130 Unlawful issuance of bank checks or drafts.

A. A person is guilty of unlawful issuance of a bank check or draft if he or she, with the intent to defraud, makes, draws, utters or delivers to another person any check or draft on a bank or other depository for the payment of money, knowing at the time of such drawing or delivery that he or she has not sufficient funds in, or credit with, said bank or other depository to meet said check or draft in full upon its presentation. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft. The uttering or delivery of such check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of intent to defraud.

B. A person is guilty of unlawful issuance of a bank check if he or she, with intent to defraud, makes, draws, utters or delivers to another person any check or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check, and who fails to make payment of money in the amount of the check or draft to the holder of the check within 20 days of issuing said check or draft.

C. When any series of transactions which constitute unlawful issuance of a bank check would, when considered separately, constitute unlawful issuance of a bank check in an amount not exceeding $250.00, a series of transactions may be aggregated in one count and the sum of the value of all the transactions shall be the value considered in determining whether the unlawful issuance of bank checks is a misdemeanor or felony. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.05.140 Vehicle prowling.

A person is guilty of vehicle prowling if he or she, with the intent to commit a crime against a person or property therein, tampers with, attempts to enter, enters or remains unlawfully in a motor vehicle. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)