Chapter 9.05
GENERAL PROVISIONS
Sections:
9.05.010 Title – Application – Severability.
9.05.020 Purposes – Principles of construction.
9.05.030 City criminal jurisdiction.
9.05.040 Offenses shall be crimes.
9.05.050 Punishment of offenses.
9.05.060 All offenses defined by ordinance – Application of general provisions of the code.
9.05.070 Proof beyond a reasonable doubt – Affirmative defenses.
9.05.010 Title – Application – Severability.
(1) The ordinance codified in this title, hereinafter referred to as “this title” or “this code”, shall be known and may be cited as La Center Criminal Code.
(2) The provisions of this title shall apply to any offense which is defined in this title or other ordinances committed on or after the effective date hereof unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense.
(3) 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 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 as if this title had not been enacted.
(4) If any provision of this title, or its application to any person or circumstance, 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. IV-6-2 § 1.01, 1986.]
9.05.020 Purposes – Principles of construction.
(1) The general purposes of the provisions governing the definition of offenses are to:
(a) Forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens harm to individual or public interests;
(b) Safeguard conduct that is without culpability from condemnation as criminal;
(c) Give fair warning of the nature of the conduct declared to constitute an offense.
(2) The provisions of this title shall be construed according to the fair import of their terms, but, when the language is susceptible of differing constructions, it shall be interpreted to further the general purposes stated in this section and the special purposes of the particular provision involved. The discretionary powers conferred by this title shall be exercised in accordance with the criteria stated in this title and, insofar as such criteria are not decisive, to further the general purposes stated in this section. [Ord. IV-6-2 § 1.02, 1986.]
9.05.030 City criminal jurisdiction.
Except as otherwise provided in this section, a person is subject to prosecution under the law of this city for an offense committed by his own conduct or the conduct of another for which he is legally accountable if either the conduct which is an element of the offense or the result which is such an element occurs within this city. [Ord. IV-6-2 § 1.03, 1986.]
9.05.040 Offenses shall be crimes.
Every offense defined by this title or conduct made unlawful thereby shall constitute a crime and shall be a misdemeanor, unless: (1) a different penalty is provided by Washington State law adopted herein by reference, in which case the state penalty shall apply, and a jail sentence may be imposed therefor, or (2) the crime is specifically defined as a gross misdemeanor in the pertinent section. [Ord. IV-6-2 § 1.04, 1986.]
9.05.050 Punishment of offenses.
(1) A misdemeanor crime may be punished by a fine not to exceed $1,000, or by imprisonment in the city jail for a term not to exceed 90 days, or by both such fine and imprisonment.
(2) A gross misdemeanor crime may be punished by a fine not to exceed $5,000, or by imprisonment in the city jail for a term not to exceed one year, or by both such fine and imprisonment. [Ord. IV-6-2 § 1.05, 1986.]
9.05.060 All offenses defined by ordinance – Application of general provisions of the code.
(1) No conduct constitutes an offense unless it is a crime under an ordinance of this city or under a provision of state or federal law.
(2) The provisions of this chapter and Chapter 9.10 LCMC are applicable to offenses defined by this title or any other ordinance unless this title or other ordinance specifically provides otherwise.
(3) This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree. [Ord. IV-6-2 § 1.06, 1986.]
9.05.070 Proof beyond a reasonable doubt – Affirmative defenses.
(1) Every person charged with the commission of an offense is presumed innocent until proven guilty. No person may be convicted of an offense until each element of such offense is proven by competent evidence beyond a reasonable doubt.
(2) Subsection (1) of this section does not:
(a) Require the disproof of an affirmative defense unless there is evidence to support such defense; or
(b) Require the disproof beyond a reasonable doubt of any defense which this code or other ordinance expressly requires the defendant to prove by a preponderance of the evidence.
(3) A defense is affirmative, within the meaning of subsection (2)(a) of this section when it arises under a section of this code which so provides. [Ord. IV-6-2 § 1.07, 1986.]
9.05.080 Definitions.
In this title, unless a different meaning plainly is required or unless specifically stated to the contrary, the definitions of the wording used in this title shall be consistent with RCW 9A.04.110, which is hereby adopted by reference. [Ord. IV-6-2 § 1.08, 1986.]