Chapter 9.02
GENERAL PROVISIONS
Sections:
9.02.020 Provisions not retroactive.
9.02.030 Classification of crimes—Penalties.
9.02.050 Collection of judgment.
9.02.060 State statutes adopted by reference.
9.02.070 Cost of prosecution, credit for work or imprisonment—Reimbursement for incarceration costs.
9.02.090 Violators under eighteen.
9.02.100 Statute of limitations.
9.02.110 Presumption of innocence.
9.02.120 Arrests—Citations—Warrants.
9.02.130 Adoption of state statutes by reference.
9.02.140 Automatic amendment and repeal.
9.02.150 Disposition of fines and forfeitures.
9.02.170 Statutes incorporated by reference.
9.02.180 Special code enforcement officers.
9.02.010 Short title.
This title is known and may be cited as the Mukilteo Penal Code. (Ord. 398 § 1.01, 1982)
9.02.020 Provisions not retroactive.
The provisions of this title do not apply to or govern the construction of a 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 in the same manner as if this title had not been enacted. (Ord. 398 § 1.03, 1982)
9.02.030 Classification of crimes—Penalties.
A. Unless otherwise provided, all offenses as defined by this title or by any state statutes which are incorporated in this title by reference, as a criminal offense shall be classified as gross misdemeanors or misdemeanors according to the state law for the particular offense; provided, that where no express designation is made in state law or this code, such crime shall be a gross misdemeanor. Except as otherwise specifically provided in this title, any person convicted of having committed such a gross misdemeanor or misdemeanor shall be punished by a fine not to exceed the limits set for gross misdemeanors or misdemeanors in RCW 9A.04.040(2) and 9A.20.010(2) as they now read or are hereafter amended; provided further, that where state law otherwise specifically establishes different limits on the imposition of a fine or imprisonment, state law shall control.
B. All Class C felony crimes set forth in the Revised Code of Washington are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Chapter 9A.28 RCW. (Ord. 1415 § 1, 2018: Ord. 708 § 1, 1991: Ord. 499 § 1, 1985: Ord. 398 § 1.05, 1982)
9.02.040 Restitution.
If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof in court, in lieu of imposing all or any part of the fine authorized by Section 9.02.030, may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain or the victim’s loss from the commission of a crime. Such amount shall be used to provide restitution to the victim at the order of the court. In such case the court shall make a finding as to the amount of the defendant’s gain or victim’s loss from the crime, and if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purposes of this section, the terms “gain” or “loss” refer to the amount of money or the value of property or service gained or lost. (Ord. 708 § 2, 1991: Ord. 398 § 1.06, 1982)
9.02.050 Collection of judgment.
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. (Ord. 398 § 1.07, 1982)
9.02.060 State statutes adopted by reference.
RCW 7.21.010 Definitions.
RCW 7.21.020 Sanctions—Who may impose.
RCW 7.21.030 Remedial sanctions—Payment for loss.
RCW 7.21.040 Punitive sanctions—Fines.
RCW 7.21.050 Sanctions—Summary imposition—Procedure.
(Ord. 708 § 3, 1991: Ord. 398 § 1.08, 1982)
9.02.070 Cost of prosecution, credit for work or imprisonment—Reimbursement for incarceration costs.
A. Whenever anyone is convicted of an offense under this title, in addition to the fine imposed, he shall pay the cost of prosecution. Costs of prosecution include any or all of the following: filing fee, costs of docketing, cost of issuing any summons or warrant, cost for mileage and processing any warrant, a fee for a personal recognizance bond, cost for witness fees, costs for crime victim’s compensation fund, costs for judicial informational services, costs for traffic safety education, costs for judicial educational administration, costs for motor vehicle intoxication penalty, and any and all other additions, renumberings, amendments or repeals to any such costs, penalties and/or fees now existing or hereafter adopted by the Washington State Legislature. In addition, costs of prosecution include reimbursement to the city for the costs of a court-appointed attorney in those cases where such an appointment has been made and where such reimbursement is appropriate in conformance with RCW 10.01.160, JCcR 2.11(d)(2), State v Barklind, 87 Wn.2d 814 (1976), and similar authorities now or hereafter existing in governing the issue of full or partial payment or reimbursement for assigned counsel. Whenever full or partial reimbursement of court appointed attorneys’ fees is not ordered by the court, the judge makes findings, on the record, regarding the reason for refusing such full or partial reimbursement and the facts upon which the refusal to impose the reimbursement is based. If in default on the payment of fines or costs, the defendant may be imprisoned until such fine and costs of prosecution are paid or worked out at a community service project designated by the city. A defendant shall be given credit of twenty dollars for each full day of either imprisonment or work, and twenty-five dollars for each full day of imprisonment and work.
B. All offenders are required to pay for their cost of incarceration at a rate of fifty dollars per day if the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration. Payment of all other court ordered financial obligations, however, shall take precedence over the payment of the cost of incarceration ordered by the court. Funds recovered from offenders will go to the city. (Ord. 708 § 4, 1991: Ord. 398 § 1.09, 1982)
9.02.080 Age of capacity.
Children under the age of eight years are deemed incapable of committing crime. Children who are at least eight but less than twelve years of age are presumed to be incapable of committing crime, but this presumption may be overcome by proof that they have sufficient capacity to understand the act or omission, and to know that it was wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, he may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct his examination by one or more physicians, whose opinion shall be competent evidence upon the question of his age. (Ord. 398 § 1.10, 1982)
9.02.090 Violators under eighteen.
Any persons under the age of eighteen years violating sections of this title shall be cited to the Snohomish County Juvenile Court for investigation; provided, that the traffic offenses enumerated in this title committed by a juvenile sixteen years of age or older are treated identically to those of an adult subject to the exception to such treatment specified in RCW 13.04.030. In the event the persons are remanded to city authorities by the juvenile court, they may be tried and punished as otherwise provided in this title. (Ord. 398 § 1.11, 1982)
9.02.100 Statute of limitations.
Prosecution for offenses designated as gross misdemeanors may be commenced at any time up to two years from the commission of the offense; and for all other offenses, within one year from their commission; provided, that any length of time during which the party charged was not usually and publicly resident within this state shall not be recognized within the two or one year period respectively; and further provided, that where an indictment has been found, or complaint or an information filed within the time limit for the commencement for a criminal action, if the indictment, complaint or information be set will set aside. (Ord. 708 § 5, 1991: Ord. 398 § 1.12, 1982)
9.02.110 Presumption of innocence.
Every person charged with the commission of a crime is presumed innocent unless proven guilty. No person may be convicted of a crime unless each element of the crime is proved by competent evidence beyond a reasonable doubt. (Ord. 398 § 1.13, 1982)
9.02.120 Arrests—Citations—Warrants.
A. A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has:
1. Committed a crime in the officer’s presence; or
2. Committed a crime not in the officer’s presence if allowed by RCW 10.31.100 as now or hereafter amended.
B. Whenever a person is arrested for a violation of the law, the arresting officer, or any other authorized peace officer, may serve upon the arrested person a citation and notice to appear, in lieu of continued custody, as provided by the Criminal Rules for Justice Court, 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 Criminal Rules for Justice Court, as now or hereafter amended. The Criminal Rules for Justice Court shall apply to procedures relating to arrests, citations, warrants and other criminal proceedings. (Ord. 398 § 1.14, 1982)
9.02.130 Adoption of state statutes by reference.
Statutes of the state specified in this title are adopted by reference as and for the principal part of the penal code of the city as if set forth in full; provided, that incident to adoption of state statutes by reference by this title, not less than one copy of the text of the adopted statutes is filed as required by RCW 35A.12.140 for use and examination by the public. (Ord. 708 § 6, 1991: Ord. 398 § 1.15, 1982)
9.02.140 Automatic amendment and repeal.
The addition of a new section to, renumbering any existing section of, amendment, or repeal of any section in this title by the Washington State Legislature shall be deemed to automatically amend this title or any part hereof in conformity therewith, and it shall not be necessary for the city to take any action with respect to such addition, renumbering, amendment or repeal or any combination of the same, notwithstanding the provisions of RCW 35.21.180, 35A.12.140, 35A.13.180, 36.32.120(7) or the restrictive interpretation of RCW 46.90.010 in Jenkins v Bellingham Municipal Court, 95 Wn.2d 574, 578 (1981). This is in compliance with Laws 1982, Chapter 16, codified in RCW Chapter 1.12, legislatively overruling the Jenkins case. (Ord. 398 § 1.16, 1982)
9.02.150 Disposition of fines and forfeitures.
All fines, fees, costs, penalties and forfeitures collected upon adjudication, conviction, or upon the forfeiture of bail from any person charged with violation of any of the provisions of this title shall be paid into the general fund of the city. (Ord. 398 § 1.17, 1982)
9.02.160 Official misconduct.
Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving or having custody of any fine or forfeiture of bail indicated in Section 9.02.150 to turn such over to the city general fund constitutes misconduct in office and is grounds for removal therefrom; provided, that appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 398 § 1.18, 1982)
9.02.170 Statutes incorporated by reference.
RCW 9A.04.060 Common law to supplement code.
RCW 9A.04.090 Application of general provisions of code.
RCW 9A.04.110 Definitions.
RCW 9.01.055 Citizen immunity for aiding officer, scope –When.
RCW 9.01.110 Omission, when not punishable.
RCW 9.01.120 Civil remedies preserved.
RCW 9.01.130 Sending letter, when complete.
RCW 9.01.160 Application to existing civil rights.
RCW 9.01.200 Defense of person or property against heinous crime - Reimbursement by state.
(Ord. 398 § 1.19, 1982)
9.02.180 Special code enforcement officers.
A. The chief of police may hire special code enforcement officers whenever such position will serve and assist the police department in maintaining adequate police protection and other law enforcement services pertaining to civil infractions including, but not limited to, providing support to the department, enforcement of parking regulations and the issuance of civil infractions. The job description for each code enforcement officer will expressly state the ordinances for which the officer may issue citations for civil infractions, and such officers shall have those limited enforcement powers as are specifically designated in the job description or otherwise identified in the municipal code.
B. The chief of police shall determine the standards for the selection and training specific to the job duties for each code enforcement officer, and shall be responsible for developing rules and regulations directing the officers.
C. This position shall not vest any person with any police civil service or police pension rights under federal or Washington State law or under any ordinance or regulation. (Ord. 1479 § 1, 2023)