Chapter 12.01
PRELIMINARY ARTICLE

Sections:

12.01.010    Preliminary article.

12.01.020    Classification of crimes.

12.01.010 Preliminary article.

A.    The sections of adopted RCWs and WACs as set forth as in this title, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded. In opting to adopt state statutes by reference in this title, only those crimes and offenses within the jurisdiction of the city are intended to be adopted and in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors is to be applied.

B.    If any section, subsection, sentence, or 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 section, subsection, sentence, or provision to other persons or circumstances is not affected, and to this end, the sections, subsections, sentences, and provisions of this chapter are declared to be severable.

C.    By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word “state” shall appear in any statute adopted by reference in this chapter, the word “city” shall be substituted therefor; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances that set forth administrative or licensing duties of the state and its subdivisions.

D.    Whenever a state statute or WAC specifically adopted in this chapter refers to another state statute or WAC not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter.

E.    Any section of this chapter that is repealed or amended by ordinance shall remain in full force and effect until the effective date of the ordinance repealing or amending the section. Any state statute that is adopted by reference which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted in this chapter shall be given its full force and effect upon the effective date of its amendment or recodification.

F.    Except as otherwise specifically provided herein, any person violating this title shall be guilty of a misdemeanor.

G.    Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation thereof and a separate offense thereunder. (Ord. 2007-41 § 3, 2007)

12.01.020 Classification of crimes.

A.    For the purpose of this title, RCW 9A.04.040, Classes of crimes, and RCW 9A.20.010, Classification and designation of crimes, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein.

B.    For the purpose of this title, RCW 9A.20.021, Maximum sentences for crimes committed July 1, 1984, and after, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.

1.    Gross misdemeanor: maximum penalty is three hundred sixty-five days in jail and/or fine of five thousand dollars, or by both such imprisonment and fine.

2.    Misdemeanor: maximum penalty is ninety days in jail and/or a fine of one thousand dollars, or by both such imprisonment and fine.

C.    For the purpose of this title, RCW 9A.20.030, Alternative to a fine—Restitution, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.

D.    For the purpose of this title, “infraction” means a civil infraction pursuant to Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”) and any local rule adopted thereto by the Poulsbo municipal court.

E.    For the purpose of this title, RCW 7.80.120, Monetary penalties—Restitution, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.

1.    Class 1, 2 and 3 civil infraction maximum penalties as set in Chapter 7.80 RCW. (Ord. 2007-41 § 4, 2007)