Chapter 9.04
GENERAL PROVISIONS
Sections:
9.04.020 Repealed.
9.04.070 Judgment – Collection.
9.04.090 Costs of prosecution – Credit for work or imprisonment.
9.04.110 Statute of limitations.
9.04.120 Presumption of innocence.
9.04.130 Arrests – Citations – Warrants.
9.04.140 Repealed.
9.04.150 Repealed.
9.04.160 Additional statute incorporated by reference.
9.04.010 Short title.
This title shall be known and may be cited as the Granite Falls penal code. [Ord. 859 § 1, 2013; Ord. 279 § 1.01, 1980.]
9.04.020 Date – Effective.
Repealed by Ord. 859. [Ord. 279 § 1.02, 1980.]
9.04.030 Not retroactive.
The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of any ordinance codified in this title, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted. [Ord. 859 § 1, 2013; Ord. 279 § 1.03, 1980.]
9.04.040 Severability.
If any provision of this title, or its application to any person or circumstances, is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances, is not affected, and to this end the provisions of this title are declared to be severable. [Ord. 859 § 1, 2013; Ord. 279 § 1.04, 1980.]
9.04.050 Adoption of state code by reference – Automatic amendments – Classification of crimes – Penalties.
(A) The chapters and sections of this title which are adopted by reference from the Revised Code of Washington shall be construed consistently with judicial decisions about state law.
(B) Adoption of State Statutes by Reference.
(1) Adoption of State Code Generally. All misdemeanor and gross misdemeanor criminal behavior and the penalties therefor as defined by the state of Washington, Revised Code of Washington, are adopted by reference by the city of Granite Falls, to become a misdemeanor or gross misdemeanor of the city of Granite Falls, and to the extent otherwise enforceable by the state of Washington shall likewise be enforceable by the city of Granite Falls, through its police department and its prosecuting authority, all in the same manner and fashion as such enactment may be enforced or prosecuted in the name of the state.
(2) The sections and chapters of the Revised Code of Washington are herewith adopted by reference as set forth in this title. This adoption shall not be to the exclusion of those sections not specifically mentioned by this direct reference; rather, this reference shall be a supplement to such adoption.
(3) Statutes of the state of Washington, Revised Code of Washington, specified in the Granite Falls Municipal Code are adopted by reference as and for a portion of the penal code of the city of Granite Falls as if set forth in full.
(4) All offenses incorporated in this title from state statute by reference constitute crimes against the people of the city of Granite Falls and violations thereof shall be punished with the same penalty carried by their statutory counterpart.
(5) The amendment or repeal by the Washington State Legislature of any of the statutes adopted in the GFMC by reference shall be deemed to automatically amend or repeal said chapters in conformity therewith, and it shall not be necessary for the legislative authority of the city to take any action with respect to such amendments or repealers.
(C) Classification of Crimes – Penalties. All offenses defined by this title or by any state statute which is incorporated in this title by reference constitute crimes and are classified as misdemeanors or gross misdemeanors. Any person convicted of having committed such a misdemeanor shall be punished by imprisonment for a term not to exceed 90 days, or by a fine not to exceed $1,000, or by both such fine and imprisonment. Any persons convicted of having committed a gross misdemeanor shall be punished by imprisonment not to exceed 364 days or a fine not to exceed $5,000, or by both such fine and imprisonment. [Ord. 859 § 1, 2013; Ord. 525, 1994; Ord. 421 § 2, 1989; Ord. 397, 1987; Ord. 279 § 1.05, 1980.]
9.04.060 Restitution.
The following state statutes are hereby adopted by reference:
RCW
9A.20.030 Alternative to a fine – Restitution.
[Ord. 859 § 1, 2013; Ord. 279 § 1.06, 1980.]
9.04.070 Judgment – Collection.
Upon a judgment for fine and costs rendered on a conviction, execution may be issued against the property of a defendant and returned in the same manner as in civil actions. In addition, such collection may be pursuant to and consistent with Chapter 10.01 RCW. [Ord. 859 § 1, 2013; Ord. 279 § 1.07, 1980.]
9.04.080 Contempt.
The following state statutes are hereby adopted by reference:
RCW
7.21.010 Definitions.
7.21.020 Sanctions – Who may impose.
7.21.030 Remedial sanctions – Payment for losses.
7.21.040 Punitive sanctions – Fines.
7.21.050 Sanctions – Summary imposition – Procedure.
7.21.060 Administrative, actions or proceedings – Petition to court for imposition of sanctions.
7.21.070 Appellant review.
[Ord. 859 § 1, 2013; Ord. 279 § 1.08, 1980.]
9.04.090 Costs of prosecution – Credit for work or imprisonment.
Whenever anyone is convicted of an offense under this title, in addition to the fine imposed, such person must pay the costs of prosecution. Costs of prosecution shall include any or all of the following: cost of docketing, cost of issuing the warrant, cost for mileage in processing the warrant, a fee for a personal recognizance bond, and costs for witness fees. If in default, the defendant shall be imprisoned until such fine and costs of prosecution are paid pursuant to and consistent with state law and Chapter 10.01 RCW. [Ord. 859 § 1, 2013; Ord. 279 § 1.09, 1980.]
9.04.100 Age of capacity.
Children under the age of eight years are incapable of committing crime. Children of eight and under 12 years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, the child may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct the examination by one or more physicians, whose opinion shall be competent evidence upon the question of age. [Ord. 859 § 1, 2013; Ord. 279 § 1.10, 1980.]
9.04.110 Statute of limitations.
RCW
9A.04.080 Limitation of actions.
[Ord. 859 § 1, 2013; Ord. 279 § 1.11, 1980.]
9.04.120 Presumption of innocence.
RCW
9A.04.100 Proof beyond a reasonable doubt.
[Ord. 859 § 1, 2013; Ord. 279 § 1.12, 1980.]
9.04.130 Arrests – Citations – Warrants.
(A) The following state statutes are hereby adopted by reference:
RCW
10.31.030 Service – How – Warrant not in possession, procedure – Bail.
10.31.040 Officer may break and enter.
10.31.050 Officer may use force.
10.31.060 Arrest by telegraph or teletype.
10.31.100 Arrest without warrant.
10.31.110 Arrest – Individuals with mental disorders.
(B) An authorized peace officer may serve upon the arrested person a citation and notice to appear, in lieu of continued custody, as provided by the Washington Court Rules Criminal Rules, as now or hereafter amended.
(C) Warrants shall issue and bail be set for persons who violate their promise to appear in court as provided by the Washington Court Rules, as now or hereafter amended. The Washington Court Rules shall apply to procedures relating to arrests, citations, warrants and other criminal proceedings. [Ord. 859 § 1, 2013; Ord. 279 § 1.13, 1980.]
9.04.140 Adoption of state statutes by reference.
Repealed by Ord. 859. [Ord. 279 § 1.14, 1980.]
9.04.150 Automatic amendments.
Repealed by Ord. 859. [Ord. 279 § 1.15, 1980.]
9.04.160 Additional statute incorporated by reference.
RCW
9A.04.110 Definitions.
[Ord. 859 § 1, 2013; Ord. 279 § 1.16, 1980.]