Chapter 9A.04
PRELIMINARY ARTICLES
Sections:
9A.04.001 Title, application and caption.
9A.04.002 Adoption of sections of the Revised Code of Washington (RCW) – Filing of code.
9A.04.004 Adoption of state statutes (RCW sections) generally.
9A.04.005 Preliminary articles adopted by reference.
9A.04.030 City criminal jurisdiction.
9A.04.080 Limitation of actions.
9A.04.001 Title, application and caption.
(1) This title shall be known as, and may be cited as, the criminal code.
(2) The provisions of this code do not apply to, or govern, the construction of and punishment for any offense committed prior to July 1, 2005, 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 that time.
(3) Section captions are for organizational purposes only and shall not be construed as part of this code. (Ord. 1427 § 1, 2005).
9A.04.002 Adoption of sections of the Revised Code of Washington (RCW) – Filing of code.
One copy of the text of every section of the Revised Code of Washington (referred to as the “RCW” herein) which is adopted by reference in this title, as now in effect and as may be subsequently amended, is on file with the city clerk prior to the introduction of the ordinance codified in this chapter and shall continue to be on file as required by RCW 35A.12.140 and made available for public use. (Ord. 1427 § 2, 2005).
9A.04.003 Definitions.
As used throughout this title, the following acronyms shall have the corresponding meanings:
(1) “OHMC” is Oak Harbor Municipal Code;
(2) “RCW” is Revised Code of Washington; and
(3) “City” is the city of Oak Harbor. (Ord. 1427 § 3, 2005).
9A.04.004 Adoption of state statutes (RCW sections) generally.
Notwithstanding the RCW sections that are specifically adopted by reference in this title, all RCW sections that constitute misdemeanor and gross misdemeanor criminal behavior, and all RCW sections that state the penalties therefor, and all RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors, as such RCW sections are currently enacted or as they may be hereafter amended or recodified from time to time, are adopted by reference, and shall be given the same force and effect as if set forth herein in full. To the extent otherwise enforceable by the state of Washington, said RCW sections shall likewise be enforceable by the city of Oak Harbor, through its police department and its prosecuting attorney, all in the same manner as the statute may be enforced or prosecuted in the name of the state. (Ord. 1960 § 1, 2022).
9A.04.005 Preliminary articles adopted by reference.
The sections of this chapter are hereby adopted in table form in which each row of the table represents a separate section in which the titles of the adopted statutes are listed in the first column and the reference to their corresponding RCW section numbers are listed in the second column. Copies of the adopted code sections of this chapter are on file in the city clerk’s office. Each of the referenced provisions of the RCW in this table, as now in effect or as hereafter amended, is hereby adopted by reference as if fully set out herein to be a part of the Oak Harbor Municipal Code as preliminary articles:
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Title |
RCW Section (Source of Adopted Law) |
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Purposes – Principles of construction |
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People capable of committing crimes – Capability of children |
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Common law to supplement ordinance |
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Who amenable to criminal ordinances |
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Application of general provisions of the code |
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Proof beyond a reasonable doubt |
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Definitions |
(Ord. 1427 § 4, 2005).
9A.04.030 City criminal jurisdiction.
The following persons are liable to punishment:
(1) A person who commits in the city any crime, as defined by city ordinance, in whole or in part.
(2) A person who commits out of the city any act which, if committed within it, would be theft and is afterward found in the city with any of the stolen property.
(3) A person who, being out of the city, counsels, causes, procures, aids or abets another to commit a crime in this city.
(4) A person who commits an act out of the city which affects persons or property within the city, which, if committed within the city, would be a crime.
(5) A person who, being out of the city, makes a statement, declaration, verification, or certification under OHMC 9A.72.085 which, if made within the city, would be perjury.
(6) A person who commits an act on board a conveyance within the city of Oak Harbor, including the airspace over the city of Oak Harbor, that subsequently lands, docks, or stops within the city which, if committed within the city, would be a crime. (Ord. 1427 § 5, 2005).
9A.04.040 Classes of crimes.
(1) An offense defined by this title or by any other statute of this city, for which a sentence of imprisonment is authorized constitutes a violation of city ordinance and a crime. For purposes of this title, the two terms shall have the same meaning and may be used interchangeably. Violations of city ordinances under this title are classified as gross misdemeanors or misdemeanors.
(2) A violation of a city ordinance under this title is a gross misdemeanor, if not otherwise designated by this code, and persons convicted thereof may be sentenced to imprisonment for a term not in excess of one year. A violation of city ordinance is a misdemeanor, if so designated in this code, and persons convicted thereof may be sentenced to imprisonment for a term not in excess of 90 days. (Ord. 1427 § 6, 2005).
9A.04.080 Limitation of actions.
(1) No violation of city ordinance which is classified as a gross misdemeanor may be prosecuted more than two years after its commission. No violation of city ordinance classified as a misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed herein do not run during any time when the person charged is not usually and publicly residing within this state.
(3) If, before the end of a period of limitation prescribed herein, a complaint or information has been filed, and the complaint or information is set aside, then the period of limitation is extended by a period equal to the length of time from the filing to the setting aside. (Ord. 1427 § 7, 2005).