Chapter 8.12
MISCELLANEOUS CRIMES
Sections:
8.12.040 Unlawful discharge of a laser in the second degree.
8.12.060 Abandoned refrigerators.
8.12.070 Cold storage lockers.
8.12.090 Tormenting or harassing birds and animals.
8.12.110 Computer trespass second degree.
8.12.120 RCW section adopted—Unlawful possession of a legend drug.
8.12.130 Failure to supervise a minor.
8.12.010 Conspiracy.
It is unlawful for any person, with intent that conduct constituting a crime be performed, to agree with one or more persons to engage in or cause the performance of such conduct. Every person who is convicted of a violation of the provisions of this section shall be guilty of conspiracy. When an object of the conspiratorial agreement is a Class C felony, as defined by the laws of the state of Washington, Chapter 9A.28 RCW, conspiracy is a gross misdemeanor. When an object of the conspiratorial agreement is another misdemeanor or gross misdemeanor, conspiracy is a misdemeanor. (Ord. 1593 § 1, 2023).
8.12.020 Riot.
It is unlawful for any person, acting with three or more persons, to knowingly and unlawfully use or threaten to use force, or in any way participate in the use of such force against any other person or against property. Every person who is convicted of a violation of the provisions of this section shall be guilty of riot, a gross misdemeanor, unless the actor is armed with a deadly weapon, which is a Class C felony under Chapter 9A.84 RCW. (Ord. 1593 § 1, 2023).
8.12.030 Failure to disperse.
It is unlawful for any person to congregate with a group of three or more other persons at such times as there are acts of conduct within the group which create a substantial risk of causing injury to any person, or substantial harm to property, and to refuse or fail to disperse when ordered to do so by a peace officer engaged in enforcing or executing the law. Every person who is convicted of a violation of the provisions of this section shall be guilty of failure to disperse, a misdemeanor. (Ord. 1593 § 1, 2023).
8.12.040 Unlawful discharge of a laser in the second degree.
RCW 9A.49.030 is hereby adopted by reference as currently enacted or as hereafter amended or recodified from time to time and shall be given the same force and effect as if set forth herein in full. (Ord. 1593 § 1, 2023).
8.12.055 Illegal dumping.
It is unlawful for any person to bury, burn, dump, collect, remove, or in any other manner dispose of or deposit refuse upon any street, alley, public place, or private property within the city other than as provided in Title 5 except that this section shall not be taken to prohibit maintenance of any compost heap upon private property in a manner not constituting a nuisance. Every person who is convicted of a violation of the provisions of this section shall be guilty of illegal dumping, a misdemeanor. (Ord. 1593 § 1, 2023).
8.12.060 Abandoned refrigerators.
It is unlawful for any person to place, maintain, leave or possess, or to knowingly permit to be placed, maintained, left or possessed, in any place accessible to children, any abandoned, unused or discarded icebox, refrigerator or other like container or receptacle, unless all doors thereon may be readily opened by children from the inside thereof and all locks and locking devices have been removed therefrom. Every person convicted of a violation of the provisions of this section shall be guilty of a misdemeanor. (Ord. 1593 § 1, 2023).
8.12.070 Cold storage lockers.
(a) It is unlawful for any person, either as owner or operator, or as agent for the owner or operator, to maintain or operate any cold storage locker or cold storage room unless the same is equipped with the following:
(1) An emergency bell clearly audible to persons on the outside of the cold storage enclosure and operable from the inside of the locker or room. The operating mechanism on the inside of the locker or room shall be clearly posted with the words “emergency bell”;
(2) Two or more separate electric lights of at least ten watts each, located on the inside of the locker or room immediately adjacent to the operating mechanism of the emergency bell required in subsection (a)(1) of this section.
(b) Every person convicted of a violation of the provisions of this section shall be guilty of a misdemeanor. (Ord. 1593 § 1, 2023).
8.12.080 Hunting.
It is unlawful for any person to hunt any bird or animal within the city limits of the city of Othello, except in areas of the city that may be designated by resolution of the city council, and during such times as may be so designated. Every person convicted of a violation of the provisions of this section shall be guilty of a misdemeanor. (Ord. 1593 § 1, 2023).
8.12.090 Tormenting or harassing birds and animals.
It is unlawful for any person to willfully torment or harass any game bird, game animal, or any species of bird or animal protected under the rules or regulations promulgated by the Washington State Game Commission; provided, however, that nothing contained in this section shall apply to birds or animals which are lawfully hunted in areas of the city designated by resolution of the city council during such times as may be so designated. Every person convicted of a violation of this section shall be guilty of a misdemeanor. (Ord. 1593 § 1, 2023).
8.12.110 Computer trespass second degree.
(a) A person is guilty of computer trespass in the second degree if the person, without authorization, intentionally gains access to a computer system or electronic database of another under circumstances not constituting the offense in the first degree.
(b) Computer trespass in the second degree is a gross misdemeanor. (Ord. 1593 § 1, 2023).
8.12.120 RCW section adopted—Unlawful possession of a legend drug.
RCW 69.41.030, pertaining to possession of legend drug without prescription or order prohibited, as now or hereafter amended, is hereby adopted by reference as a part of this chapter in all respects as though the section were set forth herein in full. (Ord. 1593 § 1, 2023).
8.12.130 Failure to supervise a minor.
(a) It is unlawful for any parent, parents, or legal guardians, or any other person having the care or custody of a child under the age of eighteen, to fail to properly supervise and care for such minor, in that such failure of supervision or care contributes to the minor violating any law of the United States, the state of Washington, or any ordinance of the city of Othello or Adams County.
(b) It is unlawful for any parent, parents or legal guardians, or any other person having the care or custody of a minor under the age of eighteen to:
(1) Fail to provide a home or settled place of abode; or
(2) Fail to exercise proper parental control of such minor; or
(3) Neglect, inflict cruelty or depravity upon or fail to provide a fit place for such minor to live; or
(4) Allow such minor to frequent the company of reputed criminals, vagrants or prostitutes; or
(5) Allow such minor to live in a house of prostitution or assignation; or
(6) Allow such minor to be unsupervised in any saloon or place where spirituous, vinous or malt liquors are consumed or sold, bartered or given away; or
(7) Allow such minor to do activities beyond their control and power without seeking the assistance of appropriate state or local authorities; or
(8) Suffer such minor to be truant; or
(9) Allow such minor to use unlawful drugs, narcotics or other controlled substances; or
(10) Grossly and willfully neglect any medical care necessary for the well-being of such minor; or
(11) Allow a child twelve years of age or younger by leaving the child without adult supervision for unreasonable periods of time, or leaving the child unattended under circumstances which create a risk of bodily harm to the child; or
(12) Allow such minor to misuse the emergency 911 system.
(c) Upon a first violation of this chapter, notice of the conditions and requirements of this chapter may be given to the violator as a written warning. The written warning is to include a list of local social services, with contact phone numbers, that are available to receiver to assist with the minor in question. The notice shall indicate the penalty imposed by this chapter.
(d) A violation of this section is a misdemeanor. (Ord. 1618 § 1, 2024).