Chapter 9.05 CRIMINAL CODE

(2) Words in the present tense shall include the future tense, the masculine shall include the feminine and neuter genders, and the singular shall include the plural, and vice versa.

(3) No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a specific or degree of crime, the fact of his intoxication may be taken into consideration in determining such mental state. (Ord. 179 § 1, 1976)

9.05.020 Definitions.

(1) “Acted” includes, where relevant, omitted to act.

(2) “Actor” includes, where relevant, a person failing to act.

(3) “Building,” in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or other structure used for the lodging of persons or the deposit of goods. Each unit of a building consisting of two or more units separately secured or occupied is a separate building.

(4) A person is “criminally negligent” or acts with “criminal negligence” when he fails to be aware of a substantial risk that a wrongful act may occur and his failure to be aware of such substantial risk constitutes gross deviation from the standard of care that a reasonable person would exercise in the same situation.

(5) “Deadly weapon” means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article or substance, including a vehicle, 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.

(6) “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.

(7) A person acts with “intent” or “intentionally” when he acts with the objective or purpose to accomplish a result which constitutes a crime.

(8) A person knows of acts “knowingly” or “with knowledge” when he is aware of a fact, facts or circumstances or result described by an ordinance defining an offense, or he has information which would lead a reasonable person in the same situation to believe that facts exist, which facts are described by an ordinance defining an offense.

(9) “Jail” shall mean any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including, but not limited to any county or city jail.

(10) “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 wilful 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 social duty.

(11) “Marijuana” means all parts of the plant of the genus Cannabis L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(12) Each of the words “neglect”, “negligence”, “negligent”, and “negligently” shall import a want of such attention to the natural or probable consequences of an act or omission as an ordinarily prudent person usually exercises under similar circumstances.

(13) “Officer” and “public officer” mean a person holding office under a city, county or state government, 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 includes 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.

(14) Any person shall be deemed as “owner” of any property who has a general or special interest in the whole or any part thereof, or lawful possession thereof, either actual or constructive.

(15) “Peace officer” means a duly appointed city, county, state or federal law enforcement officer.

(16) “Person”, “he”, and “actor” include any nature person, and, where relevant, a corporation, joint stock association, partnership or other unincorporated association.

(17) “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, and any person participating as an advisor, consultant, or otherwise in performing a governmental function.

(18) Every person concerned in the commission of a misdemeanor, whether that person directly commits the act constituting the offense, attempts to commit, or aids or abets it its commission, and whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a misdemeanor, is a “principal”, and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, attempting, counseling, encouraging, hiring, commanding, inducing or procuring that person.

(19) The word “prisoner” shall include any person held in custody under process of law, or under lawful arrest.

(20) “Property” means anything tangible or intangible, real or personal.

(21) The word “signature” shall include any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto.

(22) “Vehicle” means any motor vehicle, aircraft or any vessel equipped for propulsion by mechanical means or by sail.

(23) The word “writing” shall include printing.

(24) The singular shall include the plural; the word “animal” shall be held to include every living creature, except man; the words “torture,” “torment,” and “cruelty,” shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted; and the words “owner” and “person” shall be held to include corporations as well as individuals; and the knowledge as acts of agents of a person employed by corporations in regard to animals transported, owned, or employed by, or in custody of such corporations, shall be held to be the act and knowledge of such corporations as well as of such agents or employees. (Ord. 357 § 2, 1993; Ord. 179 § 2, 1976)

9.05.030 Animals.

(1) Every person who cruelly overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills, or causes, procures, authorizes, requests or encourages so to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten or mutilated or cruelly killed, any animal; and whoever having the charge or custody of any animal, either as owner or otherwise, inflicts unnecessary suffering or pain upon the same, or unnecessarily fails to provide the same with the proper food, drink, air, light, space, shelter or protection from the weather, or who wilfully and unreasonably drives the same when unfit for labor or with yoke or harness that chafes or galls it, or checks rein or any part of its harness too tight for its comfort, or at night when it has been six consecutive hours without a full meal, or who cruelly abandons any animal, shall be guilty of a misdemeanor. For the purposes of this section, “necessary sustenance” or “proper food” means the provision at suitable intervals not to exceed 24 hours, of wholesome foodstuff suitable for the species and age of the animal and sufficient to provide a reasonable level of nutrition for the animal.

(2) It shall be unlawful for any person having the care or custody of any animal known to possess any vicious or dangerous tendencies to allow the same to escape or run at large in any place or manner which endangers the safety of any person, and any person may lawfully kill such animal when reasonably necessary to protect his own or the public safety.

(3) No person having charge thereof shall import or drive into the city, or turn out or allow to run at large upon any highway or unenclosed lands, or upon lands bordering enclosed lands kept by any person for pasture, or keep or allow to be kept in any barn with other animals, or water or allow to be watered at any public drinking fountain or watering place any animal having any contagious or infectious disease. No person shall sell, let or dispose of any such animal, knowing it to be so diseased, without first apprising the purchaser or person taking the animal of the existence of such disease.

(4) It shall be unlawful to ride, lead, or be in possession of a horse upon the public streets, parks, alleys, sidewalks, public squares or any private property other than that of the owner of the horse, or where the horse is boarded, or where the owner of the property has given their consent, provided this section shall not apply when the horse is being transported in or on a motor vehicle, or when the horse is being ridden in the course of, and as a part of, a parade, or when the owner or rider thereof has obtained a permit to ride the horse in the city of Forks as hereinafter provided.

(5) Permits may be issued to allow the owner or rider of a horse to ride, lead, or be in possession of a horse upon the public streets, parks, alleys, sidewalks, and/or public squares in the following circumstances:

(a) Any owner or rider of a horse may obtain a permit from the chief of police, or their authorized representative, to ride a horse in the city of Forks for the purpose of transporting the horse for the purpose of participating in a horse show, fair, or other similar event. Said permit shall be effective for a period of no more than 24 hours from the date and time of the issuance of the permit.

(b) An owner of a horse and carriage may obtain a permit from the chief of police, or their authorized representative, to utilize, or allow their designated operator to utilize, the horse to pull, draw, and/or lead a carriage, cart, or similar conveyance as part of a licensed business operation, or as part of a recreational/social event associated with an established organization operating in the city of Forks; provided, that the owner, or their designated operator, is compliant with the standards established by the city of Forks.

(6) It shall be unlawful for any person owning or having the care of any horse, cattle, mules, sheep, goats, hogs or any other kind of livestock, to permit or suffer the same to go at large or stop to feed or graze on any street, alley or public square within the corporate limits of the city of Forks.

(7) Penalties. The penalties established for violations of this section shall be the same as those established by the state of Washington for similar violations of the state’s criminal code. However, the following penalties shall be established for subsections (4) and (5) of this section:

(a) A civil infraction of no less than $25.00 plus associated court costs, and no more than $50.00 plus associated court costs, shall be imposed by the court upon a finding and determination by the court that the owner of a horse did ride, lead, or possessed a horse in a manner that violates subsection (4) of this section. An officer may choose to issue a verbal and/or written warning prior to issuing any infraction. The municipal court may defer the imposition of the civil infraction amount if determined to be in the best interest of justice, it is not the offender’s third offense, and any such deferral does not reduce or remove the amount of the court cost to be collected in addition to the fine by the municipal court; and

(b) A civil infraction of no less than $50.00 plus associated court costs, and no more than $150.00 plus court costs, shall be imposed by the court upon a finding and a determination by the court that the owner, or their designated operator, of a horse drawn vehicle violated subsection (5) of this section. An officer may choose to issue a verbal and/or written warning prior to issuing any infraction. The municipal court may defer the imposition of the civil infraction amount if determined to be in the best interest of justice, it is not the offender’s third offense, and any such deferral does not reduce or remove the amount of the court cost to be collected that would have been in addition to the fine imposed by the municipal court had the matter not been deferred. (Ord. 575 § 1, 2010; Ord. 357 § 1, 1993; Ord. 179 § 3, 1976)

9.05.040 Assault.

It shall be unlawful for any person to commit an assault or an assault and battery within the city. A person is guilty of assault when:

(1) With intent to cause bodily injury, he causes bodily injury to any person; or

(2) He unlawfully and knowingly beats, touches or strikes any other person; or

(3) He unlawfully and intentionally places or attempts to place another person in fear of bodily injury; or

(4) He, with intent to inflict bodily harm or to create an apprehension thereof, shall attempt or offer, with force and violence, to do a corporeal hurt to another; or

(5) Attempts to unlawfully use force or inflict bodily injury on another, accompanied with apparent present ability to give effect to the attempt if not prevented. (Ord. 179 § 4, 1976)

9.05.050 Controlled substances and drug paraphernalia.¹

Repealed by Ord. 666. (Ord. 522 § 1, 2004; Ord. 380 § 2, 1994; Ord. 179 § 5, 1976)

9.05.060 Disorderly conduct.

(1) Wherever in this section general terms follow specific enumeration, such general terms shall not be limited to words, acts or things similar or like to those comprised in the specific enumeration, but shall be liberally construed for the purpose of preserving the public safety and peace.

(2) The following persons are hereby declared to be disorderly persons:

(a) Any person attempting to fight or brawl in any public place in the city.

(b) Any person using language or gestures to threaten violence or violent behavior that creates an initial risk of an assault in any public place in the city.

(c) Any person who intentionally commits an act which creates conduct, or entices any person to engage in conduct, that causes an immediate breach of the peace. Such conduct includes, without limitations:

(i) Personally abusive epithets, words or language that a reasonable person would find offensive and disgusting, insulting or degrading; or

(ii) Language or gestures that are likely to provoke a reaction of fear, anger or apprehension when addressed to a reasonable person.

(d) Any person who without the authority or color of law removes, interferes with, carries away or destroys the property of another, or who tears down, destroys, or mutilates any notice or handbill lawfully posted in the city.

(e) Any person who intentionally, by noisy, riotous or tumultuous conduct, disturbs the quiet and peace of the city, and continues to do so, after being asked to stop such conduct by a third party, or by a police officer.

(f) Any person who intentionally obstructs vehicular or pedestrian traffic without lawful authority, and continues to do so, after being asked to stop such conduct by a third party, or by a police officer.

(g) Any person who intentionally disrupts any lawful assembly or meeting of persons without lawful authority, and continues to do so, after being asked to stop such conduct by the leader of the meeting or assembly, or by a police officer.

(3) It shall be unlawful to be a disorderly person as provided above. A violation of any of the provisions of subsection (2) of this section shall be a separate and distinct offense and shall be prosecuted as such.

(4) Penalty. Any act which is found to be in violation of the above shall be deemed to be a misdemeanor with the maximum penalty being imprisonment 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 both such imprisonment and fine associated with a misdemeanor as defined by the state of Washington. (Ord. 623 § 1, 2016; Ord. 179 § 6, 1976)

9.05.065 Violating privacy.

(1) It shall be unlawful for any person to enter or remain in or upon the curtilage of a building or premises of another for the purposes of observing, photographing, video taping or filming another person, other than a family or household member, under circumstances where the other person has a reasonable expectation of privacy and has not given their consent to such activities. For the purposes hereof, “curtilage” shall mean any premises located within 10 feet of the exterior wall of any building, regardless of whether the premises are enclosed.

(2) Penalty. Any act which is found to be in violation of the above shall be deemed to be a gross misdemeanor with the maximum penalty being imprisonment for a maximum term fixed by the court of not more than 364 days, or by a fine in an amount fixed by the court of not more than $5,000, or both such imprisonment and fine associated with a gross misdemeanor as defined by the state of Washington. (Ord. 624 § 1, 2016)

9.05.070 Frauds.

(1) Every person who shall obtain food, lodging, accommodation or service at any motel, hotel, restaurant, boarding house, lodging house or other place of business without paying therefor, with intent to defraud the proprietor or manager thereof, or who shall obtain credit at a motel, hotel, restaurant, boarding house, lodging house or other place of business by color or aid of any false pretense, representation, token or writing, or who after obtaining board, lodging, accommodation or service at a motel, hotel, restaurant, boarding house, lodging house or other place of business, shall abscond or surreptitiously remove his baggage therefrom without paying for such food, lodging, accommodation or service, shall be guilty of a misdemeanor.

(2) It shall be unlawful for any person to knowingly and wilfully operate, or cause to be operated, or attempt to operate, or attempt to cause to be operated, any coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use of enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or devise whatsoever not lawfully authorized by the owner, lessee, or licensee of such machine, coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value, or the use or enjoyment of any telephone or telegraph facilities or serve without deposition in and surrendering to such machine, coin-box telephone, or receptacle lawful coin of the United States of America to the amount required therefor by the owner, lessee, or licensee of such machine, coin-box telephone or receptacle. (Ord. 179 § 7, 1976)

9.05.080 Interfering with the reporting of domestic violence.

(1) Elements of the Crime. A person commits the crime of interfering with the reporting of domestic violence if the person:

(a) Commits a crime of domestic violence, to include:

(i) Assault in the first degree;

(ii) Assault in the second degree;

(iii) Assault in the third degree;

(iv) Assault in the fourth degree;

(v) Reckless endangerment in the first degree;

(vi) Reckless endangerment in the second degree;

(vii) Coercion;

(viii) Burglary in the first degree;

(ix) Burglary in the second degree;

(x) Criminal trespass in the first degree;

(xi) Criminal trespass in the second degree;

(xii) Malicious mischief in the first degree;

(xiii) Malicious mischief in the second degree;

(xiv) Malicious mischief in the third degree;

(xv) Kidnapping in the first degree;

(xvi) Kidnapping in the second degree;

(xvii) Unlawful imprisonment;

(xviii) Violation of the provisions of a restraining order restraining the person or excluding the person from a residence;

(xix) Violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence;

(xx) Rape in the first degree;

(xxi) Rape in the second degree;

(xxii) Residential burglary;

(xxiii) Stalking; and

(b) Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official;

(c) Commission of a crime of domestic violence under subsection (1)(a) of this section is a necessary element of the crime of interfering with the reporting of domestic violence.

(2) Criminal Penalty. Interference with the reporting of domestic violence is a gross misdemeanor and a person convicted of such a crime is subject to a fine of up to $5,000 and/or up to one year in jail. (Ord. 416 §§ 1, 2, 1996)

9.05.090 Intoxicating beverages.

The following chapters of RCW Title 66, entitled “Alcoholic Beverage Control,” as the same now appears or may hereafter be amended, shall be, and the same hereby is, adopted by this reference:

RCW

Chapters

66.04 Definitions

66.20 Liquor Permits

66.32 Search and Seizure

66.44 Enforcement, Penalties

66.98 Construction

(Ord. 179 § 8, 1976)

9.05.100 Juveniles.

(1) Curfew.

(a) It shall be unlawful for any child under the age of 18 years, unless accompanied by a parent, guardian, or other person having the legal custody of such child, to be on any of the streets, alleys, public squares, parks or sidewalks of the city between the hours of 11:00 p.m., and 6:00 a.m., without the written consent of their parent or legal guardian.

(b) It shall be unlawful for any child under the age of 10 years, unless accompanied by a parent, guardian, or other person having the legal custody of such child, to be on any of the streets, alleys, public squares, parks or sidewalks of the city between the hours of 9:30 p.m. and 6:00 a.m., without some reasonable purpose.

(c) All parents, guardians and other persons within the city having or who may hereafter have immediate custody, of any minor or adult without legal custody, who is with a child under the age of 18 years, who shall by any act encourage, cause or contribute to the violation of the terms of this chapter by any such child shall be guilty of a misdemeanor.

(d) Any police officer of the city shall arrest without a warrant any child who is found violating the provisions of this chapter and shall forthwith deliver such child so arrested either to the custody of a person in parental relation to the child, or bind the child over to the juvenile department of the superior court of Clallam County to be dealt with according to law.

(2) It shall be unlawful for any person to aid or abet any juvenile running away from home, or to furnish such juvenile a place to stay without first notifying the child’s parents or guardian of his whereabouts, or notifying the appropriate juvenile authority. (Ord. 206 § 1, 1978; Ord. 179 § 9, 1976)

9.05.110 Lewd conduct.

(1) “Lewd conduct” shall be defined as:

(a) An exposure of one’s genitals, female breasts, or other intimate parts of a person; or

(b) The touching, caressing or fondling of the sexual or other intimate parts of another; or

(d) Masturbation; or

(e) Urinating or defecating in a place other than a washroom with proper facilities, toilet room, public bathroom/rest room, or sani-can.

(2) “Person” shall include any human being.

(3) “Public place” shall be defined as an area generally visible to public view and shall include streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), buildings open to the general public, including those in which food or drink is served or entertainment provided, and the doorways and entrances to buildings or dwellings and the ground enclosing them; however, regarding the activities noted in subsection (1)(e) of this section, said activities occurring in the proper place within a building or dwelling shall not constitute as occurring in a public place.

(4) The commission or performance by any person of any lewd conduct or act as defined herein in a public place shall be, and the same hereby is, prohibited. Any person violating this code shall be guilty of a misdemeanor; however, a violation of this chapter associated with urinating or defecating in a public place shall be punished by a nondeferrable, nonsuspendable fine of $150.00 plus applicable court costs on the first offense. Subsequent offenses for urinating or defecating in public shall be punished as a misdemeanor with the minimum fine being $300.00 per subsequent occurrence.

(5) The owner, occupant, operator, manager or employee of a public place as defined herein shall be, and he or she hereby is, prohibited from permitting lewd conduct as defined herein in or about such public place. (Ord. 500 § 2, 2002; Ord. 179 § 10, 1976)

9.05.120 Miscellaneous misdemeanors.

(1) No person shall light a pipe, cigar or cigarette in, or shall enter with a lighted pipe, cigar or cigarette, any building on which is posted in a conspicuous place over or near each principal entrance a notice in plain, legible characters stating that no smoking is allowed in such building.

(2) No person having the care and custody, whether temporary or permanent, or minor children under the age of 12 years may leave such minor child unattended.

(3) No person shall make or mend or cause to be made or mended, or have in his possession in the day or nighttime, any engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed or commonly used for the commission of burglary, larceny, or other crime, under circumstance evincing an intent to use or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same is intended to be so used. The possession thereof except by a mechanic, artificer or tradesman at and in his established shop or place of business, open to public view, shall be prima facie evidence that such possession was had with intent to use or employ or allow the same to be used or employed in the commission of a crime.

(4) No person, firm or corporation shall fail or refuse to obey a lawful order of any municipal, district or superior court, or other court recognized in statute by the state of Washington. Any person convicted of violating this provision shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000, or by imprisonment in jail for a period not to exceed 365 days or by both fine and imprisonment. Whenever such a violation results in a conviction, and the order in question is associated with the protection of a family member as defined by the state with regard to domestic violence prevention, the municipal court shall ensure that the court record and the convicted defendant’s criminal history reflect that the violation was a domestic-violence-related violation.

(5) No person, with intent to commit a crime against or in respect to a person or property therein, shall enter or remain in a motor vehicle without the permission of the owner thereof.

(6)(a) No person shall obscure or deface the manufacturer’s serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance or other device with intent to render the same unidentifiable.

(b) No person shall possess a vehicle, machine, engine, apparatus, appliance or other device held for sale knowing the serial number or other distinguishing identification number or mark thereon has been obscured or defaced.

(7) No person shall assume a false identity and to an act in his assumed character with intent to defraud another or for any other unlawful purpose, or pretend to be a representative of some person or organization or a public servant and do an act in his pretended capacity with intent to defraud another or for any other unlawful purpose.

(8) No person shall knowingly cause a fire or explosion, whether on his property or that of another, which fire or explosion recklessly places a building or other structure, or any vehicle, railway, car, aircraft, watercraft, or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage.

(9) No person shall engage in any conduct which creates a substantial risk of death or serious physical injury to another person.

(10) No person shall knowingly and maliciously cause physical damage to the property of another.

(11) No person shall carry on or conduct any business trade or occupation within the city limits of the city of Forks for which a license is required without the license fee having been paid therefor, and no person shall use or permit the use of any license for any person other than that for which it is issued, or by any other person, place, vehicle or business.

(12) No person shall lay out or expose any kind of poison, or leave exposed any poison food or drink for man, animal or fowl, or any substance or fluid whatever, whereon or wherein there is or shall be deposited or mingled, any kind of poison or poisonous substance or fluid whatsoever, on the premises of another, or any unclosed place, or aid and abet any person in so doing.

(13) It shall be unlawful for any two or more persons to assemble together to do any unlawful act or being assembled to mutually agree to do an unlawful act with force and violence against the property of the city or the personal property of another, or against the peace or to the terror of others.

(14) A person is guilty of custodial interference if, knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or institution.

(15) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:

(a) He intentionally commits an authorized act under color of law; or

(b) He intentionally refrains from performing a duty imposed upon him by law.

(16) No person accused of a crime or traffic infraction shall violate his or her written and signed promise to appear in court for the alleged crime or infraction, or violate any statute, court rule or court order requiring appearance in court for the alleged crime or infraction. (Ord. 479 § 1, 2001; Ord. 337 § 1, 1991; Ord. 179 § 11, 1976)

9.05.130 Nuisance.

(1) The term “nuisance” for the purposes of this section shall be, and the same hereby is, defined to mean:

(a) Any condition or use of premises or of buildings which is detrimental to or damages the property of others or which causes or tends to cause substantial diminution in the value of other property in the city or neighborhood in which such premises or building are located, although the extent of the detriment, damages or diminution may be unequal; or

(b) Doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency or interferes with, obstructs, or tends to obstruct, or renders dangerous for passage any waterway, public park, square, street, alley, sidewalk or highway in the city, or in any way renders other persons insecure in life, or in the use of property.

(2) Nuisances include, but shall not be limited to, the following acts or conditions, which acts or conditions shall be, and the same hereby are, declared to be nuisances, to-wit:

(a) The accumulation of refuse, including all sweeping, cleanings, trash, dirt, garbage, industrial or domestic waste, discarded food, animal and vegetable matter, cans, bottles, tree or shrub trimmings, grass clippings, or other yard wastes, wood, stone, brick, plaster, material resulting from the demolition, alteration, construction of buildings or structures or any other waste substance which may become a nuisance.

(b) Accumulation or scattering of ashes consisting of cinders or residue from the combustion of coal, coke, wood or other combustible material.

(c) Accumulation of junk, including old appliances, or parts thereof, iron, or metal, glass, cardboard, lumber, wood, mattresses and other cloth or plastic materials.

(d) Accumulation or scattering litter, including paper, waste and other discarded material.

(e) The closing of any street or alley unlawfully, or the partial obstruction thereof.

(f) The closing of any public sidewalk unlawfully, or the partial obstruction thereof.

(g) The accumulation of filthy, including stagnant or impure water, vegetables, decayed or decaying substances, or other matter or material, which may cause, or tend to cause, or create a noisome or offensive smell or atmosphere.

(h) The keeping, casting or leaving of any cans, bottles, glass, tacks, refuse, junk or litter upon any street sidewalk, alley, public square or park.

(i) The use or maintenance of any privy in such a condition as to cause a noisome or offensive smell or atmosphere.

(j) Slaughterhouses, markets, cellars, stores, wholesale or retail establishments, or other buildings or structures or places which are not kept clean and free from filthy, putrid or offensive substances, or substances or deposits which may engender or cause disease.

(k) The leaving of the carcass of any animal, or any fish or fowl, or unsound meat, or any noisome or offensive liquid, where the same may become offensive to the public.

(l) Leaving open any ditch or excavation upon public property which is dangerous to life and limb, unless there is a sign visible from 60 feet marked “dangerous” and marked at night with an appropriate light.

(m) The practice of going in and upon private residence, dwelling and apartment properties in the city, by salesmen, solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise and/or any kind of personal property or service not having been requested or invited to do so by the owner or owners, occupant or occupants of said private residence, dwelling or apartment properties for the purpose of soliciting orders for the sale, rent or loan of goods, wares, and merchandise and all kinds of personal property or any interest therein, and service, or for the purpose of selling or disposing of and/or hawking the same, except as provided in subsection (5) of this section.

(n) The practice of selling tickets to any ball, benefit or entertainment, or asking or receiving any subscription or promise thereof, for the benefit, or pretended benefit of any person, association or order, without being duly authorized thereto by the person, association or order for whose benefit the same is done.

(o) The exploding, discharging or causing to be exploded or discharged any firecracker or other explosive device.

(p) The growing, permitting, or allowing the growth of any weeds or uncultivated bushes and/or vines, to exceed three feet in height, or any rank vegetable growth which exudes unpleasant or noxious odors, in any area of the city.

(q) Exterior storage, or the permitting or allowing of such storage, of any partially dismantled, wrecked, junked, discarded or otherwise nonoperating motor vehicle, unless the same is stored so as not to be readily visible from any public place or from any surrounding private property, or incidental to a lawful business.

(r) Maintaining or permitting any tree or shrub, either on or in front of property owned or occupied by persons in the city of Forks, the roots of which interfere with or cause the surface of a street or sidewalk to be upheaved or otherwise disturbed.

(s) Maintaining or permitting any tree or shrub, either on or in front of property owned or occupied by persons in the city of Forks, in such a manner as to interfere with any of the wires or conduits or other property of the city of Forks.

(3) Before any person, firm or corporation is charged with a violation of subsection (2)(c), (d), (i), (j), (l), (p), (q), (r), or (s) of this section, such person, firm or corporation shall be given a written notice either by personal service or by certified mail, return receipt requested, that a complaint for the causing, keeping or maintenance of a nuisance is contemplated and by said notice such person, firm or corporation shall have not less than 14 days from the date of notice to remove or abate the nuisance. A true and correct copy of such notice, together with proof of service thereof, shall be kept and filed in court with any complaint filed. If such person, firm or corporation is, after the filing of a complaint therefor, convicted of a violation of this chapter, the person issuing the notice shall cause the nuisance to be removed or abated and the cost thereof, together with interest to accrue at the rate of one percent per month until paid, shall become a lien against the real property on which the nuisance occurred. The notice required herein may be given by the chief of police, any police officer, the fire chief or building inspector of the city. This section shall not prevent the summary abatement by any public officer of a serious threat to health or safety, nor support a damage claim resulting from such abatement.

(4) Whenever it shall come to the knowledge of the chief of police or any other police officer of the city that any nuisance as defined in subsection (2)(a), (b), (e), (f), (g), (h), (k), (m), (n) or (o) of this section is being caused, kept or maintained, such officer shall immediately make or cause to be made an examination of the yard, lot, building, structure or premises on which such nuisance is allowed or permitted to be, or if a nuisance is found to exist thereon, or to exist in or upon any street, alley, sidewalk, park or square adjacent to or abutting upon said yard, lot, building, structure or premises, unless it shall be necessary in order to abate such nuisance to fill up or drain the property on which the same is situated, such officer shall forthwith give or cause to be given to the owner, occupant or agent thereof a notice to remove or abate such nuisance. If such nuisance shall not be abated or removed within 24 hours after such notice, such officer shall cause the owner, occupant or agent thereof to be summoned into the municipal court of the city for violation hereof. If such owner, occupant or agent thereof is thereupon convicted of a violation hereof, such officer shall cause the nuisance to be removed or abated, and the cost thereof, together with interest to accrue at the rate of one percent per month until paid, shall become a lien against the real property on which the nuisance occurred. This section shall not prevent the summary abatement by any public officer of a serious threat to health or safety, nor support a damage claim resulting from such abatement.

(5) Subsection (2)(m) of this section shall not apply to any person, firm or corporation which is otherwise regulated under the statutes, rules and regulations for interstate commerce, or selling goods, wares, merchandise or personal property for or on behalf of a nonprofit corporation, and which person, firm or corporation has given notice to the city clerk/treasurer that the person, firm or corporation will be selling door to door upon private residences, dwellings and apartment properties. Said notice shall be in writing and shall include the names, phone numbers and addresses of all persons transacting business in said manner.

(6) Any person, firm or corporation violating the provisions of this section, in addition to any penalty as hereafter provided, may, in the sound discretion of the court in which conviction is obtained, be directed by the court to abate and remove from any public street or highway or public or private right-of-way, or public park, or any private property any or all debris and waste deposited thereon by anyone prior to the date of said conviction.

(7) Each day a violation hereof continues shall constitute a separate offense hereunder.

(8) It shall be unlawful to be or create a nuisance in the city of Forks. (Ord. 184, 1977; Ord. 179 § 12, 1976)

9.05.140 Obstructing a public servant.

(1) No person shall knowingly hinder, delay, or obstruct any public servant in the discharge of his official powers or duties.

(2) No person shall intentionally prevent or attempt to prevent a public servant from lawfully apprehending or arresting such person.

(3) No person shall directly or indirectly address any threat or intimidation to a public officer with intent to induce him, contrary to his duty, to do or make or omit or delay any act, decision or determination.

(4) It is illegal for any person to:

(a) Escape from custody or attempt to escape from custody, if they are held on a charge, conviction or sentence;

(b) Wilfully fail to return to the city jail at the time specified when granted a furlough or enrolled in work release pursuant to any lawful order of a court;

(5) No person shall, by force or fraud, rescue from lawful custody a prisoner held upon a charge, arrest, commitment, conviction or sentence.

(6) No person shall advise, aid or assist any person in the custody of any police officer or peace officer to escape custody.

(7) No person shall take from the custody of any officer, or other person, any personal property in his charge under process of law, or wilfully injure or destroy such property.

(8) No person shall knowingly and unlawfully provide contraband to any person confined in a detention facility.

(9) No person shall have any verbal communication with any prisoner in the city jail, or bring into or convey out of the same, any writing, clothing, food, tobacco or any other article or contraband, without prior authorization by law or by any officer authorized to give such authorization.

(10) No person shall, with intent to prevent, hinder or delay the apprehension or prosecution of another person who he knows has committed a crime or is being sought by law enforcement officials for the commission of a crime or has escaped from a detention facility, harbor or conceal such person or warn such person of impending discovery or apprehension, or provide such person with money, transportation, disguise or other means of avoiding discovery or apprehension, or prevent or obstruct by use of force, deception or threat, anyone from performing an act that might aid in the discovery or apprehension of such person, or conceal, alter or destroy any physical evidence that might aid in discovery or apprehension of such person, or provide such person with a weapon.

(11) No person shall falsely impersonate a public officer, civil or military, or a policeman, or fireman, or a private individual having special authority by law to perform an act affecting the rights or interest of another, or, without authority, assume any uniform or badge by which such an officer or person is lawfully distinguished and in such assumed character do any act purporting to be official.

(12) No person shall knowingly hinder, delay or obstruct any fireman in the discharge of his official powers and/or duties.

(13) No person shall wilfully and without cause tamper with, molest, injure or break any public or private fire alarm apparatus, emergency telephone, radio or other wire or signal, or any firefighting equipment, or fire hydrant, or wilfully and without having reasonable grounds for believing a fire exists, send, give, transmit or sound any false alarm of fire, by shouting in a public place or by means of any public or private fire alarm system or signal, or by telephone. This provision shall not prohibit the testing of fire alarm systems by persons authorized to do so, by a fire department or state fire marshal.

(14) No person shall wilfully prevent or attempt to prevent, by persuasion, threat, or otherwise, any person from appearing before any court as a witness in any action, proceeding or investigation, or any officer authorized to subpoena witnesses, with intent thereby to obstruct the course of justice.

(15) No person, after having been lawfully commanded to summon for a peace officer, upon request by a person he knows to be a peace officer, shall unreasonably refuse or fail to summon aid for such police officer. (Ord. 466 §§ 1, 2, 1999; Ord. 244 § 2, 1982; Ord. 179 § 13, 1976)

9.05.150 Parks, playgrounds and public ways.

(1) No person, firm or corporation shall use, place or erect any placard, notice, sign or device of any kind for advertising in any park, or erect a structure of any kind in any park; provided, however, the city supervisor, or his designated representative, may permit the erection of temporary directional signs, decorations, advertising signs or temporary stands and buildings on occasions of group or public meetings, or for purposes of organized athletic events.

(2) No person shall, without the written permission of the city supervisor or his designated representative, cut, injure, deface, remove or disturb any tree, shrub, plant, building fence, bench or other structure, apparatus or property in a public park or a public place, or injure, misuse or remove any device placed to protect such tree, shrub, building, fence, bench or other structure, apparatus or property.

(3) No person shall enter upon any portion of lawn or ground within a public park or a public place when notified by a sign placed in such park or public place, or by a police officer, not to enter upon such lawn or ground.

(4) No person shall throw or deposit any refuse or litter, garbage, yard trimmings or other waste materials in any park or public place, except in designated receptacles.

(5) No person shall make or kindle any fire in a public place or in a public park except at places designated for such purpose.

(6) No person shall remain in a public park or public place after the posted closing time.

(7) No person shall allow or permit any animal to run at large in any public park or public place or to enter a lake, pond, fountain or stream therein.

(8) No person shall possess, use or discharge any firearm, air gun, BB gun, slingshot or any bow and arrow in a public park, or use or discharge any such weapon in a public place, unless otherwise authorized as a part of an organized recreation program of the park and recreation department of the city, or other public agency.

(9) No person shall molest, catch, injure or kill, or throw any stone or missile of any kind at, or strike with any stick or weapon, any animal or bird in a public park or public place.

(10) No person shall solicit or ask for the payment or gift of money or sell, offer or solicit for sale, any goods, services or merchandise in a public park or public place without the prior written permission of the city supervisor or his designated representative.

(11) No person shall operate or use any loudspeaker or mechanical means of amplifying sound in any public park or public place without the prior written consent of the city supervisor or his designated representative.

(12) No person shall conduct any circus, carnival or similar exhibition except as a part of an organized recreation program of the parks and recreation department.

(13) Bicycles, Scooters, Skateboards, Carts and Motor Vehicles within the Park.

(a) Purpose. This subsection is created in order to ensure the safety of those utilizing the apparatus associated within the park and particularly those apparatuses designed for use by skateboard users. Further, this subsection is created to protect the additions to the park from improper equipment usage that could result in damage to the apparatuses installed and to other users of the park.

(b) Prohibition on Using Bicycles, Tricycles, Scooters within Specifically Designated Areas of the Park. It is unlawful for any person to ride a bicycle, tricycle, scooter or other wheeled conveyance, inclusive of those conveyances that are assisted by any electrical or gas engines, other than a skateboard, roller-skate or in-line skate, on or in those portions of the park where it has been conspicuously posted to that effect by the city.

(i) The public works director shall identify those portions of the park where riding of bicycles, tricycles, scooters, and similar such wheeled conveyances are prohibited. Such designated portions of the park shall be conspicuously posted with words “no bikes or scooters. Violators will be prosecuted under FMC 9.05.150(13).”

(ii) The public works director may revise such designations as deemed necessary and post such designations as determined to be in the best interest of the safe operation and use of the park.

(c) Penalty. The city of Forks police department personnel shall be responsible for enforcing the provisions of this subsection. Upon determining a violation of this subsection has occurred, law enforcement officers may, at their discretion, issue a civil infraction in the following amounts to any adult person or minor violating or permitting the violation of any of the provisions of this subsection. Law enforcement is further authorized to provide oral and/or written warnings to violators at their discretion. In any case, the amount shall not exceed $100.00. In addition to issuing an infraction, law enforcement officers may impound the wheeled conveyance in accordance with the provisions found elsewhere in this section.

The following monetary penalty shall apply for each offense in any given one-year period:

(i) First offense: $20.00 plus court costs.

(ii) Second offense: $40.00 plus court costs.

(iii) Third offense: no more than $100.00 plus court costs.

The municipal court may defer the imposition of the fine if determined to be in the best interest of justice, it is not the offender’s third offense, and any such deferral does not reduce or remove the amount of the court cost to be collected in addition to the fine by the municipal court.

(d) All wheeled conveyances operated in violation of this chapter are subject to seizure. Any person found to be riding a wheeled conveyance in violation of this chapter as specified in this subsection may be subject to have that wheeled conveyance seized and impounded. If the violator is a minor, the device will only be released to a parent or legal guardian upon said parent or guardian’s certification as to the ownership of the device, and if applicable the payment of any impoundment fees.

(14) No person shall practice or play golf, baseball or other games of like character in any public park or public place except at places designated for such purposes.

(15) No person shall, without the written permission of the city supervisor or his designated representative, place or hereafter maintain upon the ground in a public park or public place any stone, cement or other substance which shall impede the free entrance of water and air to the roots of any tree planted in such public park or public place without leaving an open space of ground outside the trunk of said tree not less than four feet square.

(16) No person, firm or corporation shall prevent, delay or interfere with the employees of the city of Forks, in the planting, pruning, spraying or removing of trees, plants or shrubs in a public park or a public place.

(17) No person shall discharge fireworks, either common or special, at a public park or public place. Special fireworks may be discharged in a public park or public place only from 12:00 noon on the twenty-eighth day of June to 12:00 noon on the sixth day of July of each year and only upon obtaining the necessary licenses required pursuant to Chapter 70.77 RCW as now or hereafter amended. “Fireworks”, “special fireworks”, and “common fireworks” shall have the meaning in this chapter that they have under their definitions in Chapter 70.77 RCW, as now existing or hereafter amended. (Ord. 572 § 1, 2009; Ord. 261 § 1, 1984; Ord. 250, 1982; Ord. 179 § 15, 1976)

9.05.160 Stolen property and theft.

(1) Penalty. Violation of this section shall be punishable as a gross misdemeanor as defined by state law and the court shall follow any minimum sentence requirements codified within state law for the equivalent offenses.

(2) Stolen Property. No person shall knowingly receive, retain, possess, conceal or dispose of stolen property not to exceed $750.00 in value knowing it has been stolen, or withhold or appropriate the same, to the use of any person other than the true owner or person entitled thereto.

(3) Theft. No person shall wrongfully obtain or exert unauthorized 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 by the color or aid of deception obtain 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 appropriate lost or misdelivered property or services of another or the value thereof, with intent to deprive him or her of such property or services, when the value of such property or services does not exceed $750.00.

(4) If either the “not to exceed amounts” reflected above, or the penalty associated with the state criminal code’s equivalent for such offenses, are amended by the State Legislature, then such amendments shall be deemed to amend this section without requirement of any further action by the city. (Ord. 581 § 1, 2010; Ord. 179 § 15, 1976)

9.05.170 Posting of handbills.

(1) It shall be unlawful for any person, firm or corporation to:

(a) Post or attach any handbill, circular, advertising matter or other papers of any kind for advertising or other purposes, on any post, fence, tree, building or other structure in the city except upon billboards or other structures erected for the purpose.

(b) Throw, deposit, scatter, or place any handbills, circulars, papers or other advertising matter upon the streets, alleys or other public places in the city.

(c) Throw, deposit, scatter or place any handbills, circulars, papers or other advertising matter upon the walks, yards, porches or vestibules of any private dwelling in the city; provided, however, that newspapers and sealed and addressed envelopes shall not be considered within the prohibitions of this section.

(d) Throw, place or deposit any handbill, circulars, papers or any other advertising matter in or upon automobiles without the owner’s consent.

(2) Subsection (1) of this section shall not apply to any candidate for political office, their agents, representatives, volunteers or employees engaged in the distribution of materials and information relative to qualifications for election, or to any person distributing information relative to ballot issues preceding election thereon.

(3) No person shall use the streets or sidewalks of the city for the purpose of painting or impressing thereon any pictures, sign, mark, letter or words for advertising purposes, or for any other purpose, provided the provisions hereof shall not apply to the officials of the city of Forks in painting or impressing markings for traffic control upon the streets or sidewalks of the city. (Ord. 179 § 16, 1976)

9.05.180 Property damage.

(1) It is unlawful for any person with intent to injure, defraud or deface to:

(a) Break or deface the seal of any gas, electric or water meter.

(b) Obstruct, alter, injure or prevent 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.

(c) Make any connection otherwise with any wire, main, cable or pipe used for the delivery of gas, electricity, water, or television to a consumer thereof, in such manner as to take gas, electricity, water or television service without its passage through the meter or other instrument provided for registering the amount or quantity consumed, or use any gas, electricity, water or television so obtained.

(d) Make any connection or reconnection with such wire, main, pipe or cable, or turn on or off, or in any manner interfere with any valve, stopcock or other appliances connected therewith.

(e) Prevent by the erection of any device or construction, or by any other means, free access to any meter or other instrument for registering the amount of gas, electricity or water consumed or interfere with, obstruct or prevent, by any means, the reading or inspection of such meter or instrument, by the person, company or corporation owning the same.

(2) It is unlawful for any person to wilfully or maliciously remove, damage, deface or destroy any property or property rights within the city, or any property or property right of the city or of another person wheresoever situated including but not limited to the following:

(a) A highway or private way laid out by authority of law, or a bridge span upon such public or private road or wilfully or maliciously cause to be placed thereon any substance or thing dangerous to any person or animal traveling thereon or which might injure or puncture the tire of any vehicle traveling thereon.

(b) A tree, rock, post or other monument erected or marked for the purpose of designating a point on the boundary of the city, or of any property owned by the city, or any tract, lot or parcel of land or any mark or inscription thereon.

(d) A telegraph, telephone or electric transmission line or television cable or any part thereof, or any appurtenance thereto, or apparatus connected with the operation thereof.

(e) A pipe or main for conducting gas, water, or oil or any works erected for the storage or otherwise used for the purpose of supplying the gas, water or oil to consumers.

(f) A main or pipe for conducting water or any works erected along said pipe or main through or upon any of the lands through which the city owns a right-of-way for the purpose of conducting water for the inhabitants of the city.

(g) A sewer or main, or pipe or drain, connected therewith or forming a part thereof.

(h) Any engine, hose, truck, hose cart, ladder or ladder truck, extinguisher, or other apparatus used by the district fire department, or any rope, wire or bell, signal, instrument or apparatus for the communication or alarms of fire or police calls.

(i) A monument erected in any cemetery, street park or other public place.

(j) A sign or notice erected or posted by any officer under lawful authority or by the owner or occupant of the premises where posted.

(k) A legal notice or other legal paper posted in compliance with the requirements of any statute of this state or the ordinances of the city or under the direction of any order of court.

(l) Any trees, shrubbery, flowers, buildings, parts of buildings, vehicles, flowers or other property, whether real or personal, belonging to the city or any other person.

(3) It is unlawful for any person to break, mutilate or deface or destroy any property belonging to the city or any other person by writing names, advertising matter, signs, word letters, or figures or drawing any pictures upon any sidewalks or upon or within any building in the city.

(4) It shall be unlawful to open, remove from its normal place of repose or in any other manner interfere with the operation of any coin or currency receptacle, with intent to unlawfully remove money therefrom.

(5) It shall be unlawful for any person being the owner of, or having the care or control of any dog, horse, mule, cow or other animal, to knowingly permit the same to enter upon or do injury to any improved public park or parking strip in the city of Forks, or upon private premises, to the injury or annoyance of the owner or occupant thereof. (Ord. 179 § 17, 1976)

9.05.190 Prostitution.

(1) No person shall engage or agree or offer to engage in sexual conduct with another person in return for a fee. The sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial.

(2) No person having possession or control of a building, apartment, automobile or other premises shall allow the same to be used for purposes of prostitution. (Ord. 179 § 18, 1976)

9.05.200 Refrigeration equipment.

(1) No person shall discard or abandon or leave in any place accessible to children any refrigerator, icebox, or deep freeze locker having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door.

(2) No person shall knowingly permit such an unused refrigerator, icebox or deep freeze locker to remain on the premises under his control without having the door removed or a portion of the latch removed to prevent latching or locking of the door.

(3) Any person who keeps or stores refrigerators, iceboxes, or deep freeze lockers for the purpose of selling or offering them for sale shall not be guilty of a violation of this chapter if he takes reasonable precautions to effectively secure the door of any refrigerator, icebox, or deep freeze locker held for purpose of sale so as to prevent entrance of children small enough to fit into such articles. (Ord. 179 § 19, 1976)

9.05.210 Restraining orders.

(1) Any person having had actual notice of the existence of a restraining order issued by a court of competent jurisdiction in an action for the dissolution of a marriage who refuses to comply with the provisions of such order when requested by any peace officer of the state shall be guilty of a misdemeanor.

(2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy certified to be an accurate copy of the original on file by a notary public or the clerk of the court of the court order, which copy may be supplied by the court, the complainant or the complainant’s attorney.

(3) The remedies provided by this section shall not apply unless restraining orders subject to this section shall bear the legend: “Violation of this order with actual notice of its terms is a criminal offense under Chapter 26.09 RCW, and is also subject to civil contempt proceedings.”

(4) It is a defense to prosecution under subsection (1) of this section that the court order was issued contrary to law or court rule; provided, that no right of action shall accrue against any peace officer acting upon a properly certified copy of a court order lawful on its face if such officer otherwise lawful means to effect the arrest. (Ord. 179 § 20, 1976)

9.05.220 Shoplifting.

(1) A person who wilfully takes possession of any goods, wares or merchandise of a value not to exceed $750.00 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, is guilty of the gross misdemeanor of shoplifting.

(2) Every person, unless in a usual shopping area en route to a checkstand or place of payment, who is found with any such merchandise, goods, wares or chattels in his or her possession and having had the opportunity to pay for the same and having failed to do so shall be deemed to have given prima facie evidence of an intention to take and steal the same.

(3) If either the “not to exceed amounts” reflected above, or the penalty associated with the state criminal code’s equivalent for such offenses, are amended by the State Legislature, then such amendments shall be deemed to amend this section without requirement of any further action by the city. (Ord. 583 § 1, 2010; Ord. 179 § 21, 1976)

9.05.230 Telephone misuse.

(1) Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:

(a) Using any lewd, lascivious, profane, indecent or obscene words or language, or suggesting the commission of any lewd or lascivious act; or

(b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or

(d) Without purpose of legitimate communication;

shall be guilty of a misdemeanor.

(2) No person shall knowingly permit any telephone under his control to be used for any purpose prohibited above. (Ord. 179 § 22, 1976)

9.05.240 Trespass and criminal trespass.

(1) It shall be unlawful for any person to go upon the land of another with intent to annoy or vex the owner or occupant thereof, or to commit any unlawful act, or to wilfully go or remain upon any land after having been warned by the owner thereof not to trespass thereon.

(2) Every person not privileged or licensed to do so, who enters or remains in any building or occupied structure or separately secured or occupied portion thereof, including but not limited to publicly owned or occupied buildings, structures or portions thereof, shall be guilty of criminal trespass.

(3) Every person, not privileged or licensed to do so, who enters or remains in any public or private place or on any public or private premises as to which notice against trespass thereon is given by the owner or some other authorized person, through actual communication to the actor, or posting in a manner prescribed by law or reasonably likely to come to the attention of intruders or fencing or enclosure manifestly designed to exclude intruders, shall be guilty of criminal trespass.

(4) Every person not licensed or privileged to remain who defies an order to leave public or private premises or public or private places communicated to him by the owner of said place or premises or by some other authorized person, shall be guilty of criminal trespass.

(5) A person is guilty of criminal trespass if he knowingly enters or remains unlawfully in a building or on real property adjacent thereto or upon real property which is fenced or otherwise enclosed in a manner designed to exclude intruders, or knowingly enters or remains unlawfully in or upon premises of another. (Ord. 179 § 23, 1976)

9.05.250 Weapons and dangerous exhibitions.

(1) It shall be unlawful for any person to carry, exhibit, display or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club or weapon apparently capable of producing bodily harm, in a manner, under circumstances, at a time that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons, unless otherwise authorized by law.

(2) It shall be unlawful for any person to manufacture, sell, dispose of or have in his possession any instrument or weapon of the kind usually known as sling shot, sand club, metal knuckles, or spring blade knife or any knife other than an ordinary pocket knife, or to carry furtively or with intent to conceal any dagger, dirk, pistol or other dangerous weapon, or to use any contrivance or device for suppressing the noise of any firearm unless otherwise authorized by law.

(3) It shall be unlawful for any person to aim any gun, pistol, revolver or other firearm, whether loaded or not, at or towards any human being, or to wilfully discharge any firearm, air gun, or other weapon, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury results, unless otherwise authorized by law.

(4) It shall be unlawful to carry any firearms or other dangerous weapons upon any premises within the city where alcoholic beverages are being sold.

(5) No proprietor, lessee or occupant of any place of amusement, or any plat of ground or building, shall allow it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow, gun, pistol or firearm of any description, at or toward any human being.

(6) No person in the city of Forks, except police officers and other persons who are authorized by law or have obtained proper authority to do so from the chief of police of said city, shall carry or wear in any manner concealed upon his person, any dirk, dagger, bowie knife, sword cane, gun, pistol, revolver, sling shot, metal knuckles, or other dangerous weapons or instruments which may be used to inflict injury upon the person of another.

(7) Exemptions to Prohibitions Herein.

(a) No person in the city of Forks shall fire off or discharge any gun, pistol or firearm of any kind within the city limits of Forks, unless permitted to do so pursuant to the exemptions found within subsection (7)(b) of this section.

(b) The following exemptions shall apply to the prohibitions found within subsections (1), (3), (5), and (6) of this section with regard to:

(i) Officers engaged in the lawful discharge of their duties;

(ii) Individuals participating in honor guards and/or military-related gun salutes;

(iii) Individuals practicing target shooting in a duly licensed shooting gallery;

(iv) Individuals participating in a duly authorized and licensed business engaged in the operation of paintball games operating in a manner in which the discharge of paintball guns occurs in a controlled environment;

(v) Individuals participating in a recognized hunter safety education course being taught by a duly recognized/appointed hunter safety education instructor;

(vi) Individuals discharging firearms in areas designated by ordinance of the city council for such activities;

(vii) Individuals participating in authorized activities in an authorized area, pursuant to FMC 9.15.020, for a specific purpose not dangerous or harmful to individuals; and

(viii) Individuals discharging firearms, including bows and crossbows, if done under the supervision, control and/or specific or special permit from the Washington Department of Fish and Wildlife and the individual has provided written notice to the Forks police department at least 24 hours prior to such action. No such notice will be required to address an emergency situation that could result in immediate harm to human life or that a delay could perpetuate the suffering of an individual wild animal. (Ord. 634 § 1, 2018; Ord. 516 § 1, 2004; Ord. 307 § 1, 1989; Ord. 179 § 24, 1976)

9.05.260 Work obstructing public places.

(1) All persons, corporations and/or utilities desiring to perform work, obstructing or making installations that cause disturbance, disruption or damage to city streets, alleys, rights-of-way, bridges, parking lots, parks or other public places within the city are required to obtain a permit from the city supervisor or his designated representative before proceeding therewith.

(2) The city’s supervisor or his designated representative is authorized and directed to require applications for the performance of work, obstructing or making installations on city streets, alleys, rights-of-way, bridges, parking lots, parks or other public places upon such forms and regulations as are or hereafter shall be approved by resolution by the city council.

(3) The city council is authorized to adopt fee schedules, forms and regulations, by resolution, to carry into effect the intent of this chapter. (Ord. 179 § 25, 1976)

9.05.270 Penalties.

(1) Any act which violates any provision of this chapter and is not chargeable under the Revised Code of Washington as a crime shall be deemed a misdemeanor. An act chargeable under the Revised Code of Washington as a crime shall be classified according to applicable Revised Code of Washington provisions, but in no event shall an act be classified higher than a gross misdemeanor.

(2) Any person, firm or corporation adjudged guilty of a misdemeanor or gross misdemeanor under this chapter shall be punished by a fine not to exceed $5,000. In addition to a fine not to exceed $5,000, those crimes contained in the following sections shall also be punishable by imprisonment not to exceed one year:

(a) FMC 9.05.040, Assault;

(b) See Chapter 9.20 FMC for controlled substances;

(d) FMC 9.05.120(9), (10), (13), (14), and (16), Miscellaneous misdemeanors;

(e) FMC 9.05.140, Obstructing a public servant;

(f) FMC 9.05.160, Petit larceny;

(g) FMC 9.05.180, Property damage;

(h) FMC 9.05.210, Restraining orders; and

(i) FMC 9.05.250, Weapons and dangerous exhibitions.

In no event shall any punishment applied under this chapter exceed that allowable under applicable provisions of the Revised Code of Washington. Any act classified as a misdemeanor under this chapter shall be subject to the penalties provided for misdemeanors in applicable provisions of the Revised Code of Washington.

Notwithstanding any ordinance provision to the contrary, the punishment for violation of any criminal ordinance of the city of Forks shall be the same as the punishment provided in state law for the same crime in state law. (Ord. 623 § 2, 2016; Ord. 375 § 1, 1994; Ord. 344 § 1, 1992; Ord. 337 § 2, 1991; Ord. 179 § 26, 1976)

9.05.280 Prior offenses.

Nothing contained or any provision of this chapter shall apply to an offense or act done at any time before the date when this chapter shall take effect. Such an offense shall be punished according to, and such act shall be governed by, the ordinance existing when it was done or committed, and in the same manner as if this chapter had not been passed. (Ord. 179 § 29, 1976)

9.05.290 Civil remedies.

Nothing in this chapter shall be deemed to affect any civil right or remedy existing at the time that it shall take effect by virtue of the provisions of any ordinance now in force. (Ord. 179 § 30, 1976)

9.05.300 Construction.

Every provision in this chapter shall be construed to the full import of its terms. (Ord. 179 § 31, 1976)

9.05.310 Copies on file.

Incident to the adoption of this chapter, copies of the text of the adopted statutes shall be filed in the office of the city clerk/treasurer as required by RCW 35A.13.140 for use and examination by the public. (Ord. 179 § 32, 1976)

FMC 9.05.050 was repealed and replaced with Chapter 9.20 FMC, Controlled Substances, Counterfeit Substance or Legend Drug, and Drug Paraphernalia.