Chapter 9.08
OFFENSES AGAINST GOVERNMENTAL ORDER
Sections:
9.08.080 Escaped prisoner recaptured.
9.08.100 Tampering with fire alarm or firefighting equipment – False alarm – Penalties.
9.08.110 Private alarm systems.
9.08.120 Malicious prosecution.
9.08.140 Violation of a restraining order.
Statutory references:
RCW 10.93.020(3), (4), and (5), Definitions
9.08.010 Adoption.
The following sections of the Revised Code of Washington are hereby adopted by reference:
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RCW |
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9A.76.010 |
Definitions. |
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9A.76.020 |
Obstructing a law enforcement officer. |
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9A.76.023 |
Disarming a law enforcement or corrections officer. |
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9A.76.025 |
Disarming a law enforcement officer or corrections officer – Commission of another crime. |
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9A.76.030 |
Refusing to summon aid for a police officer. |
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9A.76.040 |
Resisting arrest. |
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9A.76.050 |
Rendering criminal assistance – Definition of term. |
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9A.76.060 |
Relative defined. |
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9A.76.080 |
Rendering criminal assistance in the second degree. |
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9A.76.090 |
Rendering criminal assistance in the third degree. |
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9A.76.100 |
Compounding. |
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9A.76.160 |
Introducing contraband in the third degree. |
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9A.76.175 |
Making a false or misleading statement to a public servant. |
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9A.76.130 |
Escape in the third degree. |
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9A.84.020 |
Failure to disperse. |
(Ord. 2008-26 § 5).
9.08.080 Escaped prisoner recaptured.
Every person in custody, under sentence of imprisonment for any crime, who escapes from custody, may be recaptured and imprisoned for a term equal to the unexpired portion of the original term. (Ord. 2007-18 § 2).
9.08.090 False reporting.
A person is guilty of false reporting if, with knowledge that the information reported, conveyed or circulated is false, he/she initiates or circulates a false report or warning of an impending occurrence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm. False reporting is a gross misdemeanor. (Ord. 2007-18 § 2).
9.08.094 Disorderly conduct.
A. A person is guilty of disorderly conduct if that person does, with intent to cause or recklessly create a risk of public inconvenience, annoyance or alarm:
1. Makes noise which unreasonably disturbs another; or
2. Disrupts any lawful assembly or meeting of persons without lawful authority; or
3. Engages in fighting or in violent, tumultuous, or threatening behavior; or
4. Uses any obscene or abusive language, or gestures in a manner likely to provoke a violent or disorderly response; or
5. Intentionally obstructs vehicular or pedestrian traffic without lawful authority.
B. This section shall not be construed to limit the use by any person of a socially impermissible word merely as a tool of communication. Mere words, used as a tool of communication, are constitutionally protected. Constitutional protection fails, however, when:
1. By the manner of their use, the words invade the rights of others to pursue their lawful activities; or
2. By their very utterance, they inflict injury or tend to incite an immediate breach of the peace. The enforcement of this section shall be limited by this construction.
C. Disorderly conduct is a misdemeanor. (Ord. 2008-9 § 1; Ord. 2007-18 § 2).
9.08.100 Tampering with fire alarm or firefighting equipment – False alarm – Penalties.
Any person or persons who willfully and without cause tampers with, molests, injures or breaks any public or private fire alarm apparatus or emergency equipment, or uses any device to activate traffic lights, or who willfully and without having reasonable grounds for believing a fire exists, sends, gives, transmits, or sounds 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, is guilty of a misdemeanor. (Ord. 2007-18 § 2).
9.08.110 Private alarm systems.
It is a misdemeanor for any person having or conducting a privately owned police signal system or private alarm system to establish or maintain direct electrical, mechanical or other physical connection with any facilities of the city police department; except, that any central station monitoring system or electronic security system or any other private alarm system or signal system may be connected by telephone with the headquarters office of the city police department by any telephonic means compatible with telephone facilities of the city police department, as approved by the police chief. (Ord. 2007-18 § 2).
9.08.120 Malicious prosecution.
It is unlawful for any person, maliciously and without probable cause therefor, knowingly to cause another to be arrested or proceeded against for any violation of this code of which he is innocent. Malicious prosecution is a misdemeanor. (Ord. 2007-18 § 2).
9.08.130 Criminal contempt.
Every person who commits contempt of court or of city council or of any one of the following kinds is guilty of criminal contempt:
A. Disorderly, contemptuous or insolent behavior committed during the sitting of the court or city council, in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority; or
B. Breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of court, jury or city council meetings; or
C. Contumacious and unlawful refusal to be sworn as a witness, or after being sworn, to answer any legal and proper interrogatory; or
D. Failure to respond to a lawfully served subpoena or summons:
1. To appear and give testimony, or
2. To produce documents before the court, or
3. To appear for jury duty; or
E. Failure to abide by any lawful order of the municipal court, including, but not limited to, failure to comply with any agreement with the court regarding deferred payment of fines in any case arising under this code. Criminal contempt is a misdemeanor. (Ord. 2007-18 § 2).
9.08.140 Violation of a restraining order.
A. It is unlawful for any person having 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 under Chapter 26.09 RCW to refuse to comply with the provisions of such order when requested by any peace officer of the state.
B. The notice requirements of subsection (A) 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.
C. The remedies provided by this section shall not apply unless restraining orders subject to this section 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.”
D. It is a defense to prosecution under subsection (A) 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 employs otherwise lawful means to effect the arrest. (Ord. 2007-18 § 2).