Chapter 9.04
GENERAL PROVISIONS
Sections:
9.04.020 Principles of Liability
9.04.050 Anticipatory Offenses Prohibited
9.04.010 Retroactive Effect, Construction, Adoption of State Code by Reference, Automatic Amendments, Definitions.
(a) The provisions of revised Chapters 9.04 through 9.52 of the Lake Stevens Municipal Code do not apply to or govern the construction of a punishment for any offense committed prior to 12:01 a.m. on July 1, 1994, 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 chapter had not been enacted.
(b) When a state statute is adopted by reference and the statute uses the word “Title” or words “the title,” these words shall be construed to mean and refer to the title of the Revised Code of Washington from which the state statute is adopted.
(c) The chapters and sections of Title 9 of the Lake Stevens Municipal Code which are adopted by reference from the Revised Code of Washington shall be construed consistently with judicial decisions about state law.
(d) 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 Lake Stevens, to become a misdemeanor or gross misdemeanor of the City of Lake Stevens, and to the extent otherwise enforceable by the state of Washington, shall likewise be enforceable by the City of Lake Stevens, 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 Lake Stevens Municipal Code Title 9. 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 Lake Stevens Municipal Code are adopted by reference as and for a portion of the penal code of the City of Lake Stevens as if set forth in full, with the exception of the penalty provisions thereof which are superseded by the penalty provisions of said chapters, as set forth in Section 9.04.060.
(e) The amendment or repeal by the Washington State Legislature of any of the statutes adopted in the LSMC 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.
(f) Definitions--Incorporated by Reference. The following statute is incorporated in this chapter by reference:
RCW 9A.04.110, Definitions. (Ord. 873, Sec. 1, 2012)
9.04.020 Principles of Liability.
The following state statutes, including all future amendments, additions or deletions, are adopted by reference:
(a) RCW 9A.08.010, General requirements of culpability.
(b) RCW 9A.08.020, Liability for conduct of another--Complicity.
(c) RCW 9A.08.030, Criminal liability of corporations and persons acting or under a duty to act in their behalf. (Ord. 873, Sec. 1, 2012)
9.04.030 Defenses.
The following state statutes, including all future amendments, additions or deletions, are adopted by reference:
(a) RCW 9A.12.010, Insanity.
(b) RCW 9A.16.010, Definition.
(c) RCW 9A.16.020, Use of force--When lawful.
(d) RCW 9A.16.040, Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.
(e) RCW 9A.16.060, Duress.
(f) RCW 9A.16.070, Entrapment.
(g) RCW 9A.16.080, Action for being detained on mercantile establishment premises for investigation--“Reasonable grounds” as defense.
(h) RCW 9A.16.090, Intoxication. (Ord. 873, Sec. 1, 2012)
9.04.040 Contempt.
The following state statutes, including all future amendments, additions or deletions, are hereby adopted by reference:
(a) RCW 7.21.010, Definitions.
(b) RCW 7.21.020, Sanctions--Who may impose.
(c) RCW 7.21.030, Remedial sanctions--Payment for losses.
(d) RCW 7.21.040, Punitive sanctions--Fines.
(e) RCW 7.21.050, Sanctions--Summary imposition--Procedure.
(f) RCW 7.21.060, Administrative actions or proceedings--Petition to court for imposition of sanctions.
(g) RCW 7.21.070, Appellant review. (Ord. 873, Sec. 1, 2012)
9.04.050 Anticipatory Offenses Prohibited.
The following state statutes, including all future amendments, additions or deletions, are adopted by reference:
(a) RCW 9A.28.020(1), (2), (3)(d) and (e), Criminal attempt.
(b) RCW 9A.28.030, Criminal solicitation.
(c) RCW 9A.28.040(1), (2), (3)(d) and (e), Criminal conspiracy. (Ord. 873, Sec. 1, 2012)
9.04.060 Penalty.
(a) Any person convicted of a gross misdemeanor shall be punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed 364 days, or by both such fine and imprisonment.
(b) Unless otherwise provided, any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.
(c) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW adopted by reference by the City of Lake Stevens shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. (Ord. 873, Sec. 1, 2012; Ord. 448, Sec. 3, 1994)