Chapter 9.02 CRIMINAL CODE

For the protection of the public health, peace, morals, and welfare, and for the protection of the property of the citizens of the city, and for the purpose of establishing rules of conduct and regulation thereof, there is adopted, the following code for the purpose of defining, prohibiting and establishing that conduct and those acts and omissions which shall be punishable in the manner provided in this code for violation of this code, upon conviction by the duly constituted court. (Ord. 1635 § 1, 1972).

9.02.020 Title – Effective date – Severability.

A. This chapter shall be known and may be cited as the Port Townsend municipal criminal code and shall become effective upon the effective date of the ordinance codified in this section.

B. The provisions of this chapter shall apply to any offense committed on or after the effective date of the ordinance codified in this section, and shall also apply to any defense to prosecution for such an offense.

C. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this chapter are declared to be severable. (Ord. 2014 § 1, 1985).

9.02.025 Prosecution under expired or repealed ordinance.

No offense committed and no penalty or forfeiture incurred previous to the time when any ordinance expires, is amended, or is repealed, whether such repeal be express or implied, shall be affected by such expiration, amendment or repeal, unless a contrary intention is expressly declared in the ordinance, and no prosecution for any offense or for the recovery of any penalty or forfeiture pending at the time any ordinance expires or is amended or repealed, whether such repeal be express or implied, shall be affected by such expiration, amendment or repeal, unless a contrary intention is expressly declared in the expiring or repealing ordinance. (Ord. 2441 § 2, 1995).

9.02.030 Purpose.

A. The general purposes of the provisions governing the definition of offenses are:

1. To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interest;

2. To safeguard conduct that is without culpability from condemnation as criminal;

3. To give fair warning of the nature of the conduct declared to constitute an offense.

B. The provisions of this chapter 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 chapter. (Ord. 2014 § 2, 1985).

9.02.040 Crime – Misdemeanor – Gross misdemeanor.

An offense defined by this chapter or by any other ordinance of the city for which a sentence of imprisonment is authorized, constitutes a crime. A crime is a misdemeanor if it is so designated in this chapter or by any other ordinance of the city, or if persons convicted thereof may be sentenced to imprisonment for no more than 90 days. Every other crime is a gross misdemeanor. (Ord. 2014 § 3, 1985).

9.02.050 RCW 9A.04.050 and 9A.04.060 adopted.

RCW 9A.04.050 People capable of committing crimes – Capability of children and 9A.04.060 Common law to supplement statute, as now or hereafter amended, are hereby adopted by reference as if set forth in this chapter in full. (Ord. 2441 § 3, 1995; Ord. 2014 § 4, 1985).

9.02.060 Time limit for commencement of prosecution.

Prosecutions for offenses which are gross misdemeanors may be commenced within two years after their commission, and for all other offenses, within one year after their commission. (Ord. 2014 § 5, 1985).

9.02.070 Applicability of provisions.

The provisions of this chapter shall be applicable to offenses defined by the ordinance codified in this chapter or another ordinance of the city, unless the context otherwise requires, or unless this chapter or such other ordinance specifically provides otherwise. (Ord. 2441 § 5, 1995; Ord. 2014 § 6, 1985. Formerly 9.02.080.).

9.02.080 Presumption of innocence – Conditions for conviction of crime.

Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved by competent evidence beyond a reasonable doubt. (Ord. 2441 § 7, 1995; Ord. 2014 § 7, 1985. Formerly 9.02.100.).

9.02.090 State law adopted – Definitions.

RCW 9A.04.110 (Definitions), as now or hereafter amended, is hereby adopted by reference as if set forth in full. (Ord. 2441 § 8, 1995; Ord. 2014 § 8, 1985. Formerly 9.02.110.).

9.02.100 State law adopted – Principles of liability.

Chapter 9A.08 RCW, as now or hereafter amended, is hereby adopted by reference as if set forth in full. (Ord. 2441 § 9, 1995; Ord. 2014 § 9, 1985. Formerly 9.02.112.).

9.02.110 State law adopted – Insanity.

Chapter 9A.12 RCW, as now or hereafter amended, is hereby adopted by reference as if set forth in full. (Ord. 2441 § 10, 1995; Ord. 2014 § 10, 1985. Formerly 9.02.114.).

9.02.120 State law adopted – Defenses.

The following sections of the Revised Code of Washington, as now or hereafter amended, are adopted by reference as if set forth in full: RCW 9A.16.010; 9A.16.020; 9A.16.060; 9A.16.070; 9A.16.080; 9A.16.090; and 9A.16.100 (Use of force on children). (Ord. 2441 § 11, 1995; Ord. 2014 § 11, 1985. Formerly 9.02.116.).

9.02.130 Classification of crimes.

A. Any crime punishable by a fine of not more than $1,000, or by imprisonment in a jail for not more than 90 days, or by both such fine and imprisonment is a misdemeanor.

B. All other crimes set forth in the Port Townsend municipal criminal code other than misdemeanors shall be gross misdemeanors. (Ord. 2441 § 12, 1995; Ord. 2014 § 12, 1985. Formerly 9.02.118.).

9.02.140 Authorized sentences of offenders.

A. Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county or city jail for a maximum term fixed by the court of not more than one year or by a fine in an amount affixed by the court of not more than $5,000, or by both such imprisonment and fine.

B. Every person convicted of a misdemeanor shall be punished by imprisonment in the county or city jail for a maximum term fixed by the court of not more than 90 days or by a fine in an amount fixed by the court of not more than $1,000 or by both such imprisonment and fine. (Ord. 2441 § 13, 1995; Ord. 2014 § 13, 1985).

9.02.150 Prevention of cruelty to animals – State law adopted.

A. The following sections of Chapter 16.52 RCW, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 16.52.011 Definitions – Principles of liability.

2. RCW 16.52.015 Enforcement – Law enforcement agencies and animal care and control agencies.

3. RCW 16.52.080 Transporting or confining in unsafe manner – Penalty.

4. RCW 16.52.085 Removal of animals for feeding – Examination – Notice – Euthanasia.

5. RCW 16.52.090 Docking horses – Misdemeanor.

6. RCW 16.52.095 Cutting ears – Misdemeanor.

7. RCW 16.52.100 Confinement without food and water – Intervention by others.

8. RCW 16.52.110 Old or diseased animals at large.

9. RCW 16.52.117 Animal fighting – Owners, trainers, spectators – Exceptions.

10. RCW 16.52.165 Punishment – Conviction of misdemeanor.

11. RCW 16.52.180 Limitations on application of chapter.

12. RCW 16.52.185 Exclusions from chapter.

13. RCW 16.52.190 Poisoning animals.

14. RCW 16.52.193 Poisoning animals – Strychnine sales – Records – Report on suspected purchases.

15. RCW 16.52.195 Poisoning animals – Penalty.

16. RCW 16.52.200 Sentences – Forfeiture of animals – Liability for costs – Civil penalty – Education, counseling.

17. RCW 16.52.207 Animal cruelty in the second degree.

18. RCW 16.52.210 Destruction of animal by law enforcement officer – Immunity from liability.

19. RCW 16.52.220 Transfers of mammals for research – Certification requirements – Pet animals.

20. RCW 16.52.230 Remedies not impaired.

30. RCW 16.52.300 Dogs or cats used as bait – Seizure – Limitation. (Ord. 2441 § 14, 1995).

9.02.160 Dangerous animals – Animals at large – State law adopted.

A. Dangerous Dogs. RCW 16.08.070 through 16.08.100, as now or hereafter amended, are hereby adopted by reference as if set forth in full. (Ord. 3118 § 6, 2014; Ord. 2441 § 16, 1995; Ord. 1635 § 11, 1972. Formerly 9.02.120.).

9.02.165 Failure to control animal.

It is unlawful for an owner or person in control of an animal to permit, or fail to prevent, any animal when unprovoked on public or private property to:

A. Bite a human being causing less than severe injury as defined in RCW 16.08.070(3) or bite a domestic animal; or

B. Chase or approach a human, on property other than that of the animal’s owner, in a menacing fashion or apparent attitude of attack, which may include but is not limited to any one or more of the following behaviors: snarling, baring teeth, growling, snapping, pouncing, lunging, attacking, or attempting to bite.

The breed of a dog shall not be considered to be evidence of violation of this section.

C. Violation of this section is a misdemeanor. (Ord. 3118 § 5, 2014).

9.02.170 False weights and measures.

Every person who injures or defrauds another by using, with knowledge that the same is false, a false weight, measure or other apparatus for determining the quantity of any commodity or article of merchandise, or by knowingly misrepresenting the quantity thereof bought or sold, is guilty of a misdemeanor. (Ord. 2441 § 17, 1995; Ord. 1635 § 14, 1972. Formerly 9.02.150.).

9.02.180 Gambling – State law adopted.

A. The 1973 Gambling Act, Chapter 9.46 RCW, et seq., as now or hereafter amended, is hereby adopted by reference as if set forth in full.

B. Every person who opens, conducts, carries on or operates, whether as owner, manager, agent, dealer, clerk or employee, and whether for hire or not, any gambling game which is not permitted under Chapter 9.46 RCW, et seq., or who engages in any game of chance or amusement for which a license is required by the city and which license has not been obtained, is guilty of a misdemeanor. (Ord. 2441 § 18 1995; Ord. 1681 § 1, 1973; Ord. 1635 § 15, 1972. Formerly 9.02.160.).

9.02.190 Public nuisance – State law adopted.

RCW 9.66.010 through 9.66.050, as now or hereafter amended, is hereby adopted by reference as if set forth in full. (Ord. 2441 § 19, 1995).

9.02.200 Pedestrian or vehicular interference.

A. The following definitions apply to this section:

1. “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to city code for street use shall not constitute obstruction of pedestrian or vehicular traffic. Obstruction of city rights-of-way which have not been formally opened by the city shall not constitute obstruction of pedestrian or vehicular traffic.

2. “Public place” means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

B. A person is guilty of pedestrian or vehicular interference if, in a public place, he or she intentionally obstructs pedestrian or vehicular traffic.

C. Pedestrian or vehicular interference is a misdemeanor. (Ord. 2451 § 1, 1995; Ord. 2441 § 20, 1995; Ord. 1635 § 16, 1974. Formerly 9.02.170.).

9.02.210 Restitution an alternative to fine.

RCW 9A.20.030, as now or hereafter amended, is hereby adopted by reference as if set forth in full. (Ord. 2441 § 21, 1995; Ord. 2014 § 14, 1985. Formerly 9.02.180.).

9.02.220 State law adopted – Criminal attempt.

A. RCW 9A.28.020(1), (2) and (3), as now or hereafter amended, are hereby adopted by reference as if set forth in full.

B. An attempt to commit a crime under this chapter or the municipal code for the city of Port Townsend, shall be punished in the manner set forth in RCW 9A.28.020(3). (Ord. 2441 § 22, 1995; Ord. 2014 § 15, 1985. Formerly 9.02.190.).

9.02.230 State law adopted – Criminal solicitation.

A. RCW 9A.28.030(1), as now or hereafter amended, is hereby adopted by reference as if set forth in full.

B. Criminal solicitation shall be punishable as a misdemeanor. (Ord. 2441 § 23, 1995; Ord. 2014 § 16, 1985. Formerly 9.02.200.).

9.02.240 Criminal conspiracy.

A. RCW 9A.28.040(1) and (2), as now or hereafter amended, are adopted by reference as if set forth in full.

B. Criminal conspiracy shall be punished in the manner set forth in RCW 9A.28.040(2). (Ord. 2441 § 25, 1995; Ord. 2014 § 17, 1985. Formerly 9.02.220.).

9.02.250 Assault in the fourth degree.

A. A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second or third degrees under RCW 9A.36.011 through 9A.36.031, or custodial assault under RCW 9A.36.100, inclusive, he or she assaults another. All sections of the Revised Code of Washington referenced in this subsection, as now or hereafter amended, are incorporated herein by this reference.

B. Assault in the fourth degree is a gross misdemeanor. (Ord. 2441 § 26, 1995; Ord. 2128 § 1, 1988; Ord. 2014 § 18, 1985. Formerly 9.02.230.).

9.02.260 Malicious mischief in the third degree.

A. A person is guilty of malicious mischief in the third degree if he knowingly and maliciously causes physical damage to the property of another, under circumstances now amounting to malicious mischief in the first, or second degree, under RCW 9A.48.070 and 9A.48.080.

B. Malicious mischief in the third degree is a gross misdemeanor if the damage to the property is in an amount exceeding $50.00; otherwise it is a misdemeanor. (Ord. 2441 § 27, 1995; Ord. 2014 § 19, 1985. Formerly 9.02.240.).

9.02.270 State law adopted – Title 9A RCW.

A. 1. The following sections of the Revised Code of Washington, as now or hereafter amended, are adopted by reference as if set forth in full: All definitions of RCW Title 9A, to the extent they apply to all RCW Title 9A offenses adopted in this chapter by reference and:

a. RCW 9A.36.050 Reckless endangerment in the second degree.

b. RCW 9A.36.070 Coercion.

c. RCW 9A.40.010; 9A.40.070; and 9A.40.080 (Custodial interference in the second degree).

d. RCW 9A.52.100 Vehicle prowling in the second degree.

e. RCW 9A.52.010 Definitions; and RCW 9A.52.070 Criminal trespass in the first degree.

f. RCW 9A.56.010 Definitions; and RCW 9A.56.050 Theft in the third degree.

g. RCW 9A.52.060 Making or having burglar tools.

h. RCW 9A.76.020 Obstructing a law enforcement officer.

i. RCW 9A.76.130 Escape in the third degree.

2. Each of the foregoing violations shall be a gross misdemeanor.

B. 1. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

a. RCW 9A.52.010 Definitions; and 9A.52.080 Criminal trespass in the second degree.

b. RCW 9A.52.090 Criminal trespass – Defenses.

c. RCW 9A.76.030 Refusing to summon aid for a peace officer.

d. RCW 9A.76.040 Resisting arrest.

e. RCW 9A.76.170(1) and (2)(d), Bail jumping.

f. RCW 9A.84.020 Failure to disperse.

g. RCW 9A.84.030 Disorderly conduct.

h. RCW 9A.84.040 False reporting.

i. RCW 9A.88.010 Indecent exposure.

2. Except as otherwise provided above, the foregoing offenses shall be punishable as misdemeanors.

C. 1. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

a. RCW 9A.72.010 Definitions.

b. RCW 9A.72.040 False swearing. (Ord. 2441 § 28, 1995; Ord. 2014 §§ 20, 21, 24, 1985. Formerly 9.02.250.).

9.02.280 Sex offenses – State law adopted.

A. The following sections of the Revised Code of Washington as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 9A.44.010 Definitions.

2. RCW 9A.44.030 Defenses.

3. RCW 9A.44.096 Sexual misconduct with a minor in the second degree.

4. RCW 9A.44.120 Admissibility of a child’s statement – Conditions.

5. RCW 9A.44.130 and 9A.44.140 Registration of Sex Offenders. A person who knowingly fails to register as required by RCW 9A.44.130, as now or hereafter amended, is guilty of a gross misdemeanor if the crime for which the individual was convicted was other than a Class A Felony under the laws of this state, or a federal out-of-state conviction for an offense that under the laws of this state would be a Class A Felony.

6. RCW 9A.88.030 Prostitution.

7. RCW 9A.88.050 Prostitution – Sex of the parties immaterial.

8. RCW 9A.88.090 Permitting prostitution.

9. RCW 9A.88.110 Patronizing a prostitute. (Ord. 2441 § 29, 1995).

9.02.290 Harassment and stalking – State law adopted.

A. The following sections of the Revised Code of Washington are hereby adopted by reference as if set forth in full, as now or hereafter amended:

1. RCW 9A.46.010 Legislative findings.

2. RCW 9A.46.020 Definitions and penalties.

3. RCW 9A.46.030 Place where committed.

4. RCW 9A.46.040 Court-ordered requirements upon person charged with crime – Violations.

5. RCW 9A.46.050 Arraignment – No contact order.

6. RCW 9A.46.060 Crimes included in harassment.

7. RCW 9A.46.070 Enforcement of orders restricting contact.

8. RCW 9A.46.080 Order restricting contact – Violation.

9. RCW 9A.46.090 Nonliability of peace officer.

10. RCW 9A.46.100 “Convicted,” time when.

11. RCW 9A.46.110 Stalking.

12. RCW 9A.46.910 Severability.

13. RCW 9A.36.078, Malicious harassment – Finding; and RCW 9A.36.080 Malicious harassment – Definition and criminal penalty. (Ord. 2441 § 30, 1995).

9.02.300 Reckless burning – State law adopted.

A. The following sections of the Revised Code of Washington as now or hereafter amended, are adopted by reference as if set forth in full:

1. RCW 9A.48.010 Definitions.

2. RCW 9A.48.050 Reckless burning in the second degree.

3. RCW 9A.48.060 Reckless burning – Defense. (Ord. 2441 § 31, 1995).

9.02.310 State law adopted – Title 9 RCW.

A. The following sections of the Revised Code of Washington are hereby adopted by reference as if set forth in full as now or hereafter amended:

1. All sections of RCW Title 9 which define terms, to the extent applicable to offenses defined under RCW Title 9, which are adopted by reference by the city by this or any other ordinance.

2. RCW 9.41.010 Terms defined.

3. RCW 9.41.050 Carrying firearms.

4. RCW 9.41.060 Exceptions to restrictions on carrying firearms.

5. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons.

6. RCW 9.41.240 Possession of pistol by person from eighteen to twenty-one.

7. RCW 9.41.250 Dangerous weapons – Penalty.

8. RCW 9.41.260 Dangerous exhibitions of weapons.

9. RCW 9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful – Penalties – Exceptions.

10. RCW 9.41.280 Students carrying dangerous weapons on school premises – Penalty – Exceptions.

11. RCW 9.47A.010 through and including RCW 9.47A.040 Inhaling toxic fumes (unlawful inhalation). Any violation of these sections shall be a misdemeanor, punishable as set forth in RCW 9.47A.050.

12. RCW 9.27.015 Interference, obstruction of any court, building or residence – Violations.

13. RCW 9.40.100(1), Injuring or tampering with fire alarm apparatus or equipment or fire fighting equipment – Sounding false alarm of fire.

14. RCW 9.91.060 Leaving children unattended in parked automobile.

B. A violation of any of the foregoing offenses, unless otherwise specifically provided, shall be a misdemeanor. (Ord. 2441 § 32, 1995; Ord. 2014 § 22, 1985. Formerly 9.02.260.).

9.02.320 State law adopted – Title 28A RCW.

A. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 28A.635.010 Abusing or insulting teachers, liability for – Penalty (except fines shall be remitted to the city).

2. RCW 28A.635.020 Willfully disobeying school personnel or refusing to leave public property, violations, when – Penalty.

3. RCW 28A.635.030 Disturbing school, school activities or meetings – Penalty – Disposition of fines.

4. RCW 28A.635.090 Interfering by force or violence with any administrator, teacher or student unlawful.

5. RCW 28A.635.100 Intimidating any administrator, teacher or student by threat of force or violence unlawful.

6. RCW 28A.635.120 Violations – Penalty.

B. Unless otherwise specifically provided, a violation of any of the foregoing sections shall be a misdemeanor. All fines for the offenses above shall be remitted to and kept by the city. (Ord. 2441 § 33, 1995; Ord. 2014 § 23, 1985. Formerly 9.02.270.).

9.02.330 State law adopted – Title 66 RCW.

A. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 66.44.100 Opening or consuming liquor in public place – Penalty.

2. RCW 66.44.200 Sales to persons apparently under the influence of liquor.

3. RCW 66.44.210 Obtaining liquor for ineligible person.

4. RCW 66.44.240 Drinking in public conveyance – Penalty against carrier – Exception.

5. RCW 66.44.250 Drinking in public conveyance – Penalty against individuals – Restricted application.

6. RCW 66.44.290 Minor purchasing or attempting to purchase liquor; RCW 66.44.291 – Penalties.

7. RCW 66.44.310 Minors frequenting taverns or cocktail lounges – Misrepresentations of age – Penalty – Classification of licenses.

8. RCW 66.44.320 Sale of liquor to minors.

9. RCW 66.44.325 Unlawful transfer to a minor of an identification of age.

10. RCW 66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card – Penalty.

B. Unless otherwise specifically provided, a violation of each of the foregoing provisions shall be a misdemeanor. (Ord. 2441 § 34, 1995; Ord. 2164 § 1, 1989; Ord. 2014 § 25, 1985. Formerly 9.02.280.).

9.02.340 Furnishing liquor to minors – Possession, use.

A. It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control.

B. No person under the age of 21 years shall possess, consume, or have consumed or otherwise acquire any intoxicating liquor. For purposes of this subsection, a person shall be deemed to have consumed an intoxicating liquor if at the time of the contact with the officer, there are still indicia upon his or her person of such consumption, including but not limited to alcohol within the blood or odor of alcoholic beverage upon the breath.

C. The prohibitions of subsections A and B shall not apply to intoxicating liquors given or permitted to be given to a person under the age of 21 years under the following circumstances:

1. By a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of intoxicating liquor by a person under the age of 21 years on any premises licensed under Chapter 66.24 RCW;

2. To liquor given for medical purposes to a person under the age of 21 years by a parent, guardian, physician, or dentist;

3. To liquor given to a person under the age of 21 years when such liquor is being used in connection with religious services and the amount consumed is a minimum amount necessary for the religious service.

D. To the extent permitted by state law, conviction or forfeiture of bail for a violation of this section by a person under the age of 21 years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of 21 years.

E. Any person convicted of a violation of subsection A or subsection B of this section shall be guilty of a misdemeanor. (Ord. 2441 § 35, 1995; Ord. 2164 § 2, 3, 1989. Formerly 9.02.285.).

9.02.350 Littering – State law adopted – RCW 70.93.060.

A. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 70.93.030 Definitions.

2. RCW 70.93.060 Littering prohibited – Penalties. (Ord. 2441 § 36, 1995; Ord. 2014 § 27, 1985. Formerly 9.02.290.).

9.02.360 Controlled substances.

A. The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as if set forth in full:

1. RCW 69.50.101 Definitions; and RCW 69.50.102 Drug paraphernalia – Definitions.

2. RCW 69.50.401(e) Prohibited acts: A – Penalties (possession of less than 40 grams of marijuana).

3. RCW 69.50.412 Possession and delivery of drug paraphernalia.

4. RCW 69.50.420 Violations – Juvenile driving privileges.

5. RCW 69.50.425 Minimum imprisonment.

6. RCW 69.50.505 through 69.50.507 Seizure and forfeiture of property.

7. RCW 9.47A.010 Inhaling toxic fumes – Definitions.

8. RCW 9.47A.020 Unlawful inhalation – Exception.

9. RCW 9.47A.030 Possession of certain substances prohibited, when.

10. RCW 9.47A.040 Sale of certain substances prohibited, when.

11. RCW 9.47A.050 Unlawful inhalation – Penalty.

12. RCW 69.38.010 Poison defined.

13. RCW 69.38.020 Exemptions.

14. RCW 69.38.030 Poison register.

15. RCW 69.38.040 Poison register – Penalty for failure to maintain register.

16. RCW 69.38.050 Poison – False representation – Penalty.

17. RCW 69.38.060 Manufacture and sale of poisons – License required – Penalty.

18. RCW 69.41.070(7) and (8a) Penalties – Steroid use.

19. RCW 69.41.300 Definitions.

20. RCW 69.41.320 Practitioners – Restricted use – Medical records.

21. RCW 69.50.201 Authority to change schedules of controlled substances.

22. RCW 69.50.202 Nomenclature.

23. RCW 69.50.204 Schedule I – Definitions of controlled substances.

24. RCW 69.50.206 Schedule II – Definitions of controlled substances.

25. RCW 69.50.208 Schedule III – Definitions of controlled substances.

26. RCW 69.50.210 Schedule IV – Definitions of controlled substances.

27. RCW 69.50.212 Schedule V – Definitions of controlled substances.

28. RCW 69.50.309 Containers.

29. RCW 69.50.509 Search and seizure of controlled substances. (Ord. 2591 § 1, 1997; Ord. 2441 § 37, 1995; Ord. 2014 § 28, 1985. Formerly 9.02.300.).

9.02.365 Enhanced penalties for drug-related violations – Drug-free zones.

A. Any person who violates RCW 69.50.401 and the violation occurs in a drug-free zone as defined herein may be punished by a fine of up to twice the fine otherwise authorized by this code or by Chapter 69.50 RCW or by imprisonment of up to twice the imprisonment otherwise authorized by this code or Chapter 69.50 RCW, or by both such fine and imprisonment. The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by Chapter 69.50 RCW for an offense.

B. It is not a defense to a prosecution for a violation of this section that a person was unaware that the prohibited conduct took place while in a drug-free zone.

C. It is not a defense to a prosecution for a violation of this section that persons under the age of 18 were not present in the drug-free zone at the time of the offense or that the school was not in session.

D. It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under 18 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling or possessing with the intent to manufacture, sell or deliver any controlled substance defined in RCW 69.50.401(a) for profit. The affirmative defense established by this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this title or Chapter 69.50 RCW.

E. In a prosecution under this section, a map produced or reproduced by the city for the purpose of depicting the location and boundaries of the drug-free zones, or a true copy of such a map, shall under proper authentication be admissible and shall constitute prima facie evidence of the location and boundaries of the drug-free zones if the city has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the drug-free zones. Any map approved under this section or a true copy of the map shall be filed with the city clerk and shall be maintained as an official record of the city. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram, other than the one which has been approved by the city, if the map or diagram is otherwise admissible under court rule.

F. As used in this section, the following terms shall have the meanings indicated unless the context clearly requires otherwise:

1. “Civic center” means a publicly owned or publicly operated place or facility used for recreational, educational, or cultural activities;

2. “Drug free zones” mean the following areas:

a. Schools;

b. Any school bus;

c. Within 1,000 feet of a school bus route stop designated by the school district;

d. Within 1,000 feet of the perimeter of any school grounds;

e. Public parks;

f. Public transit vehicles;

g. Public transit stop shelters;

h. Civic centers designated by the city as drug-free zones; or

i. Within 1,000 feet of designated civic centers;

3. “Public park” means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government;

4. “Public transit vehicle” means any motor vehicle, street car, train, trolley vehicle, or any other device, vessel, or vehicle which is owned or operated by a transit authority and which is used for the purpose of carrying passengers on a regular schedule;

5. “School” has the meaning under RCW 28A.150.010 or 28A.150.020. The term school also includes a private school approved under RCW 28A.195.010;

6. “School bus” means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system;

7. “School bus route stop” means a school bus stop as designated on maps submitted by school districts to the office of the superintendent of public instruction;

8. “Stop shelter” means a passenger shelter designated by a transit authority;

9. “Transit authority” means a city, county, or state transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles. (Ord. 2591 § 2, 1997).

9.02.370 Unlawful possession and use of fireworks – State law adopted.

Recodified to PTMC 9.06.010 by Ord. 2810. (Ord. 2441 § 38, 1995).

9.02.380 Domestic violence – State law adopted.

A. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 26.09.300 Violation of a restraining order issued in a dissolution proceeding.

2. RCW 26.50.110 Violation of a protective order issued in a civil domestic violence proceeding.

3. RCW 10.99.040 Violation of a pretrial no-contact order in a criminal domestic violence case.

4. RCW 10.99.050 Violation of a no-contact order which is part of a sentence in a criminal domestic violence case. (Ord. 2441 § 39, 1995).

9.02.390 Unlawful conduct on school property.

A. Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

1. Member of the faculty: Any teacher, substitute teacher, or coach assigned to the school in question;

2. School: A public, private or religious school;

3. School property: The grounds and buildings of any public, private or religious school.

B. Schools Covered. The provisions of this chapter shall apply to schools serving students in twelfth grade or younger. It shall apply to schools for kindergarten students and for preschool children.

C. Conduct Prohibited. No person shall do any of the following on any school property:

1. Demand money from any person, using an express threat or implied threat;

2. Act in a manner that disturbs any class or that is reasonably likely to frighten or disturb any student or other person present;

3. Continue to make loud noises after having been warned by a member of the faculty, administration and security personnel to become quieter;

4. Remain on the school property after having been directed to leave by a member of the faculty, administration or security personnel. This subsection shall not apply to a student enrolled at the school unless the student has been expelled or suspended by a member of the administration having authority to do so. This subsection shall not apply to any person employed at the school, unless such person has been suspended, discharged or transferred by a member of the school administration having authority to do so;

5. Nothing in this section shall be interpreted as prohibiting any person from entering a school building in a peaceable manner for the purpose of talking to a member of the faculty, administration or security personnel.

D. Penalty. Any person, firm or corporation violating any provision of this section shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment, for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 2441 § 40, 1995; Ord. 2037 §§ 1 – 4, 1986. Formerly 9.02.310.).

9.02.400 Telephone harassment – State law adopted.

RCW 9.61.230 (Telephone harassment), RCW 9.61.240 (Telephone harassment – Permitting telephone to be used) and RCW 9.61.250 (Telephone harassment – Offense, where deemed committed) as now or hereafter amended, are hereby adopted by reference as if set forth in full. (Ord. 2441 § 41, 1995).

9.02.410 Duty of witness of offense against child or any violent offense – Penalty – State law adopted.

RCW 9.69.100 as now or hereafter amended, is hereby adopted by reference as if set forth in full. (Ord. 2441 § 42, 1995).

9.02.420 Unlawful issuance of checks or drafts – State law adopted.

RCW 9A.56.060, as now or hereafter amended, is hereby adopted by reference as if set forth in full. (Ord. 2441 § 43, 1995).

9.02.430 Possession of stolen property – State law adopted.

A. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 9A.56.140 Possessing stolen property – Definition – Access devices, presumption.

2. RCW 9A.56.160 Possession of stolen property in the second degree.

3. RCW 9A.56.170 Possession of stolen property in the third degree. (Ord. 2441 § 44, 1995).

9.02.440 Defrauding a public utility – State law adopted.

A. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 9A.61.010 Definitions.

2. RCW 9A.61.020 Defrauding a public utility.

3. RCW 9A.61.050 Defrauding a public utility in the third degree.

4. RCW 9A.61.060 Restitution and costs.

5. RCW 9A.61.070 Damages not precluded. (Ord. 2441 § 45, 1995).

9.02.450 Rendering criminal assistance – State law adopted.

A. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 9A.76.050 Definitions; RCW 9A.76.060 Relative Defined.

2. RCW 9A.76.080 Rendering criminal assistance in the second degree.

3. RCW 9A.76.090 Rendering criminal assistance in the third degree. (Ord. 2441 § 46, 1995).

9.02.460 Interference with official proceedings – State law adopted.

A. The following sections of the Revised Code of Washington, as now or hereafter amended, are hereby adopted by reference as if set forth in full:

1. RCW 9A.72.140 Jury tampering.

2. RCW 9A.72.150 Tampering with physical evidence. (Ord. 2441 § 47, 1995).

9.02.470 Aggressive begging.

It is unlawful for any person to engage in aggressive begging in any public place in the city limits of Port Townsend, as those terms are defined below.

A. Definitions.

1. “Aggressive begging” means:

a. Begging with intent to intimidate another person or persons into giving money or goods;

b. Begging with or involving activities that are unsafe or dangerous to any person or property; or

c. Willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return.

2. “Begging” means asking for money or goods as a charity, whether by words, bodily gestures, signs or other means.

3. “To intimidate” means to coerce or frighten into submission or obedience, or to engage in conduct which would make a reasonable person fearful or feel compelled.

4. “Public place” means:

a. Any public road, alley, lane, parking area, sidewalk, bicycle lane, pedestrian path, or any publicly-owned building, facility or structure;

b. Any public playground, school ground, recreation ground, park, parkway, park drive, park path or rights-of-way open to the use of the public;

c. Any doorways or entrances to privately-owned or publicly-owned buildings or dwellings and the grounds enclosing them; or

d. Any privately owned property adapted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of the owner or owners.

B. Violation – Penalties. Violation of this section shall be a misdemeanor, punishable by a fine up to $1,000 or by a jail sentence of up to 90 days, or by both such fine and jail time. (Ord. 2588 § 1, 1997).