Chapter 9.05 GENERAL PROVISIONS – STATUTES ADOPTED BY REFERENCE

C. The provisions of this code do not apply to, nor govern the construction of and punishment for any offense committed prior to 12:01 a.m. on March 1, 1999, nor 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 the law existing in the City at the time of the commission thereof in the same manner as if this code had not been enacted.

E. Section captions are for organizational purposes only and shall not be construed as part of this code. [Ord. 01-0101 § 1.]

9.05.020 Purposes – Principles of construction – Adoption.

A. The general purposes of the provisions governing the definition of offenses are to:

1. Forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;

2. Safeguard conduct that is without culpability from condemnation as criminal;

3. Give fair warning of the nature of the conduct declared to constitute an offense; and

4. Differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.

B. The provisions of this code shall be construed according to the fair import of their terms, and when the language is susceptible to differing constructions, it shall be interpreted to further the general purposes stated in this code.

C. In adopting state statutes by reference, only those crimes and offenses under the City’s jurisdiction, together with applicable definitions, procedures, and penalties, are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied.

D. The sections of the Revised Code of Washington (RCW) and the King County Code (KCC), now in effect and as subsequently amended, specifically enumerated in this chapter are adopted by reference into this code and incorporated herein as if set forth in full. The RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of the adopted RCWs are also adopted by reference, now in effect and as subsequently amended, and incorporated herein as if set forth in full. [Ord. 23-0596 § 1 (Exh. A); Ord. 01-0101 § 2.]

9.05.030 City criminal jurisdiction.

Any person who commits any offense defined by this code, in whole or in part, within the corporate limits of the City is liable to arrest, prosecution and punishment. [Ord. 01-0101 § 3.]

9.05.040 Classes of crimes.

Any offense defined by this code for which a sentence of imprisonment is authorized constitutes a violation of City ordinance and is a crime. Crimes are classified as gross misdemeanors or misdemeanors. [Ord. 01-0101 § 4.]

9.05.050 Punishment and restitution.

A. Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of not more than one year, or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine.

B. Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than 90 days, or by a fine in an amount of not more than $1,000, or by both such imprisonment and fine.

C. The court may impose restitution as provided in RCW 9A.20.030.

D. In the event there is a conflict in the penalties which can be imposed upon conviction for a specific offense between the provisions of the Kenmore criminal code and the RCW, the penalty provisions of the RCW shall apply. [Ord. 23-0596 § 1 (Exh. A); Ord. 01-0101 § 5.]

9.05.060 Limitation of action.

A. A gross misdemeanor, or a crime not otherwise classified, may not be prosecuted more than two years after its commission. A misdemeanor may not be prosecuted more than one year after its commission.

B. Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this State, or for any other reason authorized by law or court rule.

C. If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. [Ord. 01-0101 § 6.]

9.05.070 Proof beyond a reasonable doubt.

A. Every person charged with an offense is presumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt.

B. When an offense has been proven against a person but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. [Ord. 01-0101 § 7.]

9.05.080 General provisions – Adoption by reference.

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

RCW

9A.04.050 People capable of committing crimes – Culpability of children.

9A.04.060 Common law to supplement statutes.

9A.04.070 Who amenable to criminal statutes.

9A.04.090 Application of general provisions of code.

9A.04.110 Definitions.

9.01.055 Citizen immunity if aiding officer, scope – When.

9.01.110 Omission, when not punishable.

9.01.130 Sending letter, when complete.

[Ord. 01-0101 § 8.]

9.05.090 Principles of liability.

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

RCW

9A.08.010 General requirements of culpability.

9A.08.020 Liability for conduct of another – Complicity.

9A.08.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf.

[Ord. 01-0101 § 9.]

9.05.100 Defenses.

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

RCW

9A.12.010 Insanity.

9A.16.010 Definitions.

9A.16.020 Use of force – When lawful.

9A.16.030 Homicide – When excusable.

9A.16.040 Justifiable homicide or use of deadly force by public officer, peace offer, person aiding.

9A.16.050 Homicide – By other person – When justifiable.

9A.16.060 Duress.

9A.16.070 Entrapment.

9A.16.080 Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense.

9A.16.090 Intoxication.

9A.16.100 Use of force on children – Policy – Actions presumed unreasonable.

[Ord. 01-0101 § 10.]

9.05.110 Anticipatory offenses.

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

RCW

9A.28.020 Criminal attempt.

9A.28.030 Criminal solicitation.

9A.28.040 Criminal conspiracy.

[Ord. 01-0101 § 11.]

9.05.120 Abandoned refrigeration equipment.

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

RCW

9.03.010 Abandoning, discarding refrigeration equipment.

9.03.020 Permitting unused equipment to remain on premises.

9.03.040 Keeping or storing equipment for sale.

[Ord. 01-0101 § 12.]

9.05.130 Advertising – Crimes relating to.

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

RCW

9.04.010 False advertising.

9.04.040 Advertising cures of lost sexual potency – Evidence.

9.04.090 Advertising fuel prices by service station.

[Ord. 01-0101 § 13.]

9.05.140 Alcoholic beverage control.

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

RCW

66.04.010 Definitions.

66.20.160 “Card of identification,” “licensee,” “store employee” defined for certain purposes.

66.20.170 Card of identification may be accepted as identification card and evidence of legal age.

66.20.180 Card of identification to be presented on request of licensee.

66.20.200 Unlawful acts relating to card of identification and certification card – Penalty.

66.28.090 Licensed premises or banquet permit premises open to inspection – Failure to allow, violation.

66.32 Search and Seizure; entire chapter.

66.44 Enforcement – Penalties; entire chapter.

[Ord. 01-0101 § 14.]

9.05.150 Animals – Crimes relating to.

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

RCW

9.08.030 False certificate of registration of animals – False representation as to breed.

9.08.070 Pet animals – Taking, concealing, injuring, killing, etc. – Penalty.

[Ord. 01-0101 § 15.]

9.05.160 Animals – Injury to.

Any person who willfully and without authority in law kills, maims or disfigures an animal belonging to another, or exposes any poisons or noxious substance with intent that it should be taken by such animal, is guilty of a misdemeanor. [Ord. 01-0101 § 16.]

9.05.170 Assault and other crimes relating to persons.

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

RCW

9A.36.041 Assault in the fourth degree.

9A.36.050 Reckless endangerment.

9A.36.070 Coercion.

[Ord. 01-0101 § 17.]

9.05.180 Competitive bidding.

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

RCW

9.18.120 Suppression of competitive bidding.

9.18.130 Collusion to prevent competitive bidding.

9.18.140 Penalty.

[Ord. 01-0101 § 18.]

9.05.190 Counterfeit substances – Controlled substances – Legend drugs – Drug paraphernalia.

The following provisions of the RCW as presently constituted or hereinafter amended, renumbered, or recodified are adopted by reference and incorporated as if such sections were set forth fully herein:

RCW

69.50.101 Definitions.

69.50.102 Drug paraphernalia – Definitions.

69.50.309 Containers.

69.50.4011 Counterfeit substances – Penalties.

69.50.4013 Possession of controlled substance – Penalty – Possession of useable cannabis, cannabis concentrates, or cannabis-infused products - delivery

69.50.4014 Possession of forty grams of marihuana – Penalty.

69.50.408 Second or subsequent offenses.

69.50.412 Prohibited acts – E-Penalties.

69.50.4121 Drug paraphernalia – Selling or giving – Penalty.

69.50.420 Violations – Juvenile driving privileges.

69.50.425 Misdemeanor violations – Minimum imprisonment.

69.50.505 Seizure and forfeiture.

69.50.506 Burden of proof, liabilities.

69.50.509 Search and seizure of controlled substances.

69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions – Penalty.

[Ord. 23-0596 § 1 (Exh. A); Ord. 04-0205 § 1; Ord. 01-0101 § 19.]

9.05.200 Controlled substances – Minors.

Repealed by Ord. 23-0596. [Ord. 01-0101 § 20.]

9.05.210 Controlled substances – Minors excluded.

Repealed by Ord. 23-0596. [Ord. 01-0101 § 21.]

9.05.220 Controlled substances – Sale and display rooms.

Repealed by Ord. 23-0596. [Ord. 01-0101 § 22.]

9.05.230 Controlled substances – Sale restriction.

Repealed by Ord. 23-0596. [Ord. 01-0101 § 23.]

9.05.240 Controlled substances – Nuisance.

Repealed by Ord. 23-0596. [Ord. 01-0101 § 24.]

9.05.250 Corporations – Crimes relating to.

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

RCW

9.24.010 Fraud in stock subscription.

[Ord. 01-0101 § 25.]

9.05.260 Custodial interference.

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

RCW

9A.40.010 Definitions.

9A.40.070 Custodial interference in the second degree.

9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted.

[Ord. 01-0101 § 26.]

9.05.270 Disorderly conduct.

Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:

A. Uses abusive language and thereby intentionally creates a risk of assault;

B. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;

C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority;

D. Intentionally and without lawful authority makes noise which unreasonably disturbs another;

E. Intentionally engages in any conduct which tends to or does disturb the public peace, provides disorder, or endangers the safety of others; or

F. Fights by agreement, except as part of an organized athletic event. [Ord. 01-0101 § 27.]

9.05.280 Disruption of school activities.

A. Any person who enters or remains in any school building, classroom or upon any school ground, street sidewalk or public way adjacent thereto and intentionally causes disruption of the activities of the school is guilty of a gross misdemeanor.

B. As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. [Ord. 01-0101 § 28.]

9.05.290 Domestic violence protection.

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

RCW

9A.36.150 Interfering with the reporting of domestic violence.

10.99.020 Definitions.

10.99.030 Law enforcement officers – Training, powers, duties – Domestic violence reports.

10.99.040 Restrictions upon and duties of court.

10.99.045 Appearances by defendant – No-contact order.

10.99.050 Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures.

10.99.055 Enforcement of orders.

26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.

26.50.010 Definitions.

26.50.020 Commencement of action – Jurisdiction – Venue.

26.50.025 Orders under this chapter and Chapter 26.09, 26.10, or 26.26 RCW – Enforcement – Consolidation.

26.50.030 Petition for an order for protection – Availability of forms and informational brochures – Bond not required.

26.50.040 Fees not permitted – Filing, service of process, certified copies.

26.50.050 Hearing – Service – Time.

26.50.060 Relief – Duration – Realignment of designation of parties – Award of costs, service fees, and attorneys’ fees.

26.50.070 Ex parte temporary order for protection.

26.50.080 Issuance of order – Assistance of peace officer – Designation of appropriate law enforcement agency.

26.50.090 Order – Service – Fees.

26.50.100 Order – Transmittal to law enforcement agency – Record in law enforcement information system – Enforceability.

26.50.110 Violation of order – Penalties.

26.50.115 Enforcement of ex parte order – Knowledge of order prerequisite to penalties – Reasonable efforts to serve copy of order.

26.50.120 Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Cost and attorney’s fees.

26.50.130 Order – Modification – Transmittal.

26.50.140 Peace officers – Immunity.

26.50.160 Judicial information system – Data base.

26.50.200 Title to real estate – Effect.

26.50.210 Proceedings additional.

26.50.900 Short title.

[Ord. 01-0101 § 29.]

9.05.300 False representations.

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

RCW

9.38.010 False representation concerning credit.

9.38.020 False representation concerning title.

[Ord. 01-0101 § 32.]

9.05.310 False swearing and tampering.

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

RCW

9A.72.010 Definitions.

9A.72.040 False swearing.

9A.72.050 Perjury and false swearing – Inconsistent statements – Degree of crime.

9A.72.060 Perjury and false swearing – Retraction.

9A.72.070 Perjury and false swearing – Irregularities no defense.

9A.72.080 Statement of what one does not know to be true.

9A.72.140 Jury tampering.

9A.72.150 Tampering with physical evidence.

[Ord. 01-0101 § 33.]

9.05.320 Fire alarms – Crimes relating to.

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

RCW

9.40.040 Operating engine or boiler without spark arrester.

9.40.100 Tampering with fire alarm or fire fighting equipment – False alarm – Penalties.

[Ord. 01-0101 § 34.]

9.05.330 Firearms and dangerous weapons.*

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

RCW

9.41.010 Terms defined.

9.41.050 Carrying firearms.

9.41.060 Exceptions to restrictions on carrying firearms.

9.41.070 Concealed pistol license – Application – Fee – Renewal.

9.41.075 Concealed pistol license – Revocation.

9.41.080 Delivery to ineligible persons.

9.41.090 Dealer deliveries regulated – Hold on delivery.

9.41.0975 Officials and agencies – Immunity, writ of mandamus.

9.41.098 Forfeiture of firearms – Disposition – Confiscation.

9.41.100 Dealer licensing and registration required.

9.41.110 Dealer’s licenses, by whom granted, conditions, fees – Employees, fingerprinting and background checks – Wholesale sales excepted – Permits prohibited.

9.41.120 Firearms as loan security.

9.41.140 Alteration of identifying marks – Exceptions.

9.41.170 Alien’s license to carry firearms – Exceptions.

9.41.230 Aiming or discharging firearms, dangerous weapons.

9.41.240 Possession of pistol by person from eighteen to twenty-one.

9.41.250 Dangerous weapons – Penalty.

9.41.260 Dangerous exhibitions.

9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions.

9.41.280 Possessing dangerous weapons on school facilities – Penalty – Exceptions.

9.41.300 Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.

9.41.810 Penalty.

[Ord. 01-0101 § 35(1).]

*Code reviser’s note: For additional provisions, see Chapter 9.20 KMC.

9.05.340 Shooting within the City limits.

Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor; provided, however, that the provisions of this section do not apply to a person acting in self defense; engaged in military activities sponsored by the federal or State governments, while engaged in official duties; law enforcement personnel; security personnel while engaged in official duties; or a person utilizing a properly licensed institutional, membership, and/or commercial shooting range. [Ord. 01-0101 § 36.]

9.05.350 Fraud.*

A. The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9.26A.110 Fraud in obtaining telecommunications service – Penalty.

9.45.060 Encumbered, leased, or rented personal property – Construction.

9.45.070 Mock auctions.

9.45.080 Fraudulent removal of property.

9.45.090 Knowingly receiving fraudulent conveyance.

9.45.100 Fraud in assignment for benefit of creditors.

9A.56.096 Theft of rental, leased, or lease-purchased property.

9A.60.010 Definitions.

9A.60.040 Criminal impersonation in the first degree.

9A.60.045 Criminal impersonation in the second degree.

9A.60.050 False certification.

9A.61.010 Definitions.

9A.61.020 Defrauding a public utility.

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

9A.61.060 Restitution and costs.

[Ord. 04-0205 § 2; Ord. 01-0101 § 37(1).]

*Code reviser’s note: For additional provisions, see Chapter 9.25 KMC.

9.05.360 Gambling offenses.

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

RCW

9.46.190 Violations relating to fraud or deceit.

9.46.193 Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts.

9.46.195 Obstruction of public servant – Penalty.

9.46.196 Cheating.

9.46.198 Working in gambling activity without license as violation – Penalty.

9.46.210 Enforcement – Commission as law enforcement agency.

9.46.215 Ownership or interest in gambling device – Penalty – Exceptions.

9.46.217 Gambling records – Penalty – Exceptions.

9.46.222 Professional gambling in the third degree.

9.46.231 Gambling devices, real and personal property – Seizure and forfeiture.

9.46.235 Slot machines, antique – Defenses concerning – Presumption created.

9.46.240 Gambling information, transmitting or receiving.

9.46.250 Gambling property or premises – Common nuisances, abatement – Termination of interests, licenses – Enforcement.

9.46.260 Proof of possession as evidence of knowledge of its character.

[Ord. 01-0101 § 38.]

9.05.370 Harassment.

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

RCW

9.61.230 Telephone harassment.

9.61.240 Telephone harassment – Permitting telephone to be used.

9.61.250 Telephone harassment – Offense, where deemed committed.

9A.46.010 Legislative finding.

9A.46.020 Definition – Penalties.

9A.46.030 Place where committed.

9A.46.040 Court-ordered requirements upon person charged with crime – Violation.

9A.46.050 Arraignment – No-contact order.

9A.46.060 Crimes included in harassment.

9A.46.070 Enforcement of orders restricting contact.

9A.46.080 Order restricting contact – Violation.

9A.46.090 Nonliability of peace officer.

9A.46.100 “Convicted,” time when.

9A.46.110 Stalking.

[Ord. 01-0101 § 39.]

9.05.380 Inhaling toxic fumes.

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

RCW

9.47A.010 Definition.

9.47A.020 Unlawful inhalation – Exception.

9.47A.030 Possession of certain substances prohibited, when.

9.47A.040 Sale of certain substances prohibited, when.

9.47A.050 Penalty.

[Ord. 01-0101 § 40.]

9.05.390 Juries – Crimes relating to.

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

RCW

9.51.010 Misconduct of officer drawing jury.

9.51.020 Soliciting jury duty.

9.51.030 Misconduct of officer in charge of jury.

[Ord. 01-0101 § 41.]

9.05.400 Littering and pollution.

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

RCW

70.54.010 Polluting water supply.

70.93.060 Littering prohibited – Penalties.

70.160.020 Definitions.

70.160.030 Smoking in public places except designated smoking areas prohibited.

70.160.040 Designation of smoking areas in public places – Exceptions – Restaurant smoking areas – Entire facility or area may be designated as nonsmoking.

70.160.050 Owners, lessees to post signs prohibiting or permitting smoking – Boundaries to be clearly designated.

70.160.060 Intent of chapter as applied to certain private workplaces.

70.160.070 Intentional violation of chapter – Removing, defacing, or destroying required sign – Fine – Notice of infraction – Exceptions – Violations of RCW 70.160.040 or 70.160.050 – Subsequent violations – Fine – Enforcement by fire officials.

[Ord. 01-0101 § 42.]

9.05.410 Miscellaneous crimes.

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

RCW

9.91.010 Denial of civil rights – Terms defined.

9.91.025 Unlawful bus conduct.

9.91.060 Leaving children unattended in parked automobile.

9.91.110 Metal buyers – Records of purchases – Penalty.

9.91.130 Disposal of trash in charity donation receptacle.

[Ord. 01-0101 § 44(1).]

9.05.420 Misconduct in signing a petition.

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

RCW

9.44.080 Misconduct in signing a petition.

[Ord. 01-0101 § 45.]

9.05.430 Obstructing governmental operation.

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

RCW

9A.76.010 Definitions.

9A.76.030 Refusing to summon aid for a peace officer.

9A.76.040 Resisting arrest.

9A.76.050 Rendering criminal assistance – Definition of terms.

9A.76.060 Relative defined.

9A.76.070 Rendering criminal assistance in the first degree.

9A.76.080 Rendering criminal assistance in the second degree.

9A.76.090 Rendering criminal assistance in the third degree.

9A.76.100 Compounding.

9A.76.130 Escape in the third degree.

9A.76.160 Introducing contraband in the third degree.

9A.76.170 Bail jumping.

9A.76.175 Making a false or misleading statement to a public servant.

9.31.090 Escaped prisoner recaptured.

9.62.010 Malicious prosecution.

9.62.020 Instituting suit in name of another.

[Ord. 01-0101 § 46.]

9.05.440 Obstructing public officers.

A. It is unlawful for any person to make any willfully untrue, misleading or exaggerated statement to, or to willfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties. Obstructing public officers is a misdemeanor.

B. “Public officer” as used in this section shall mean any police officer, the fire chief and his or her designees, any health officer, the public works director and his or her designees, the city clerk and his or her designees, code enforcement personnel and other City personnel authorized to enforce City ordinances, statutes and codes. [Ord. 01-0101 § 47.]

9.05.450 Bicycle helmets.

The following provisions of the King County Board of Health Code as presently constituted or hereinafter amended are adopted by reference:

KCBHC

Chapter 9.10    General Requirements
    Regarding Bicycle
    Helmets; entire chapter.

Chapter 9.15 Enforcement; entire
chapter.

[Ord. 01-0101 § 49.]

9.05.460 Public disturbance.

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

RCW

9.27.015 Interference, obstruction of any court, building or residence – Violations.

9A.84.010 Riot.

9A.84.020 Failure to disperse.

9A.84.040 False reporting.

[Ord. 01-0101 § 50.]

9.05.470 Public nuisances.

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

RCW

9.66.010 Public nuisance.

9.66.020 Unequal damage.

9.66.030 Maintaining or permitting nuisance.

9.66.040 Abatement of nuisance.

9.66.050 Deposit of unwholesome substance.

[Ord. 01-0101 § 51.]

9.05.480 Reckless burning and malicious mischief.

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

RCW

9A.48.010 Definitions.

9A.48.050 Reckless burning in the second degree.

9A.48.060 Reckless burning – Defense.

9A.48.090 Malicious mischief in the third degree.

9A.48.100 Malicious mischief – “Physical damage” defined.

9A.56.180 Obscuring identity of a machine.

[Ord. 01-0101 § 52.]

9.05.490 Sexual offenses – Unlawful acts of prostitution or pandering.*

A. Except as otherwise required by State law, any single conviction under Chapter 9.50 KMC within any period of 12 months shall be a misdemeanor. Any second or subsequent conviction under Chapter 9.50 KMC within any period of 12 months from a first or prior conviction of the same or similar offense shall be a gross misdemeanor.

B. The court may suspend all or a portion of the term of imprisonment or fine on condition that a person convicted of a crime under Chapter 9.50 KMC never enter into, or be present in, any anti-prostitution emphasis area during the term of any such suspension or deferral. The court may further require AIDS testing and counseling, as a condition of suspension or deferral pursuant to RCW 70.24.350, at the defendant’s expense; provided, that King County, as agent for the City pursuant to interlocal agreement, may require such testing and counseling as provided in RCW 70.24.360 upon imprisonment in jail of any such convicted person.

C. The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:

RCW

9A.88.010 Indecent exposure.

[Ord. 01-0101 § 54(2), (3), (4).]

*Code reviser’s note: For additional provisions, see Chapter 9.50 KMC.

9.05.500 Special offenses relative to minors.*

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

RCW

9.68A.011 Definition.

9.68A.080 Processors of depictions of minors engaged in sexually explicit conduct – Report required.

9.68A.090 Communication with minor for immoral purposes.

9.68A.120 Seizure and forfeiture of property.

9.68A.140 Definitions.

9.68A.150 Allowing minor on premises of live erotic performance.

9.68A.160 Penalty.

9.69.100 Duty of witness of offense against child or any violent offense – Penalty.

[Ord. 01-0101 § 55(1).]

*Code reviser’s note: For additional provisions, see Chapters 9.55, 9.57 and 9.65 KMC.

9.05.510 Telephone credit cards.

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

RCW

9.26A.090 Telephone company credit cards – Prohibited acts.

9.26A.100 Definitions.

9.26A.110 Fraud in obtaining telecommunications service – Penalty.

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

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

[Ord. 01-0101 § 56.]

9.05.520 Tobacco use by minors.

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

RCW

26.28.080 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty.

70.155.080 Purchasing or obtaining tobacco by persons under the age of eighteen – Civil infraction.

[Ord. 01-0101 § 57.]

9.05.530 Theft and possession of stolen property.

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

RCW

9A.56.010 Definitions.

9A.56.020 Theft – Definition, defense.

9A.56.050 Theft in the third degree.

9A.56.060 Unlawful issuance of checks or drafts.

9A.56.100 Theft and larceny equated.

9A.56.140 Possessing stolen property – Definition – Presumption.

9A.56.170 Possessing stolen property in the third degree.

9A.56.180 Obscuring the identity of a machine.

9A.56.220 Theft of subscription television services.

9A.56.230 Unlawful sale of subscription television services.

9A.56.240 Forfeiture and disposal of device used to commit violation.

9A.56.260 Connection of channel converter.

9A.56.270 Shopping cart theft.

[Ord. 01-0101 § 58.]

9.05.540 Throwing objects at moving vehicles.

Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing, or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor. [Ord. 01-0101 § 59.]

9.05.550 Trademarks and other marks.

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

RCW

9.16.030 Counterfeiting trademark, brand, etc.

9.16.040 Displaying goods with false trademark.

9.16.050 When deemed affixed.

9.16.060 Fraudulent registration of trademark.

9.16.070 Form and similitude defined.

9.16.080 Sales of petroleum products improperly labeled or by wrong grade.

9.16.090 Sales of petroleum products improperly labeled or by wrong grade – Penalty for violations.

9.16.100 Use of the words “sterling silver,” etc.

9.16.110 Use of the words “coin silver,” etc.

9.16.120 Use of the word “sterling” on mounting.

9.16.130 Use of the words “coin silver” on mounting.

9.16.140 Unlawfully marking article made of gold.

9.16.150 “Marked, stamped or branded,” defined.

[Ord. 01-0101 § 60.]

9.05.560 Trespass and prowling.

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

RCW

9A.52.010 Definitions.

9A.52.060 Making or having burglar tools.

9A.52.070 Criminal trespass in the first degree.

9A.52.080 Criminal trespass in the second degree.

9A.52.090 Criminal trespass – Defenses.

9A.52.100 Vehicle prowling in the second degree.

9A.52.120 Computer trespass in the second degree.

9A.52.130 Computer trespass – Commission of other crime.

[Ord. 01-0101 § 61.]

9.05.570 Urinating in public.

Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent charges, the person shall be guilty of a misdemeanor. [Ord. 01-0101 § 63.]

9.05.580 Vehicles resembling police or fire vehicles.

Any person who operates a motor vehicle painted and exhibiting decals, numbers, name, insignia, or other objects which simulate a City or county police or fire department vehicle, or City vehicle, without prior authorization from the police chief, fire chief, city manager, or their designees is guilty of a misdemeanor. [Ord. 01-0101 § 64.]

9.05.590 Violating right of privacy.

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

RCW

9.73.010 Divulging telegram.

9.73.020 Opening sealed letter.

9.73.030 Intercepting, recording or divulging private communication – Consent required – Exceptions.

9.73.070 Persons and activities excepted from chapter.

9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility.

9.73.100 Recordings available to defense counsel.

[Ord. 01-0101 § 65.]

9.05.600 Interference with health care facility.

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

RCW

9A.50.020 Interference with health care facility.

[Ord. 01-0101 § 67.]

9.05.610 Abandonment of a dependent person in the third degree.

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

RCW

9A.42.080 Abandonment of a dependent person in the third degree.

[Ord. 01-0101 § 68.]

9.05.620 Crimes not specifically referenced.

In addition to the RCW sections that are specifically adopted by reference in this title, any act or omission defined as a misdemeanor or gross misdemeanor in state law and not specifically identified in this chapter are also adopted by reference and incorporated herein as if set forth in full, and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of the gross misdemeanors and misdemeanors, as they now exist or may be amended, renumbered, or recodified, are adopted by reference and incorporated herein as if set forth in full. [Ord. 23-0596 § 1 (Exh. A); Ord. 01-0101 § 69.]

9.05.630 Copies to be available.

A copy of each portion of the RCW, the King County Code, and the King County Board of Health Code adopted by reference shall be authenticated and recorded by the city clerk and not less than one copy thereof shall be available in the office of the city clerk for use and examination by the public. [Ord. 01-0101 § 70.]

9.05.640 Certified copies to be furnished to court.

The city clerk is directed to provide to the court administrator of the King County district court, shoreline division, at City expense, adequate numbers of certified copies of this chapter to permit enforcement of this chapter. [Ord. 01-0101 § 71.]