Division 1. Criminal Code
Chapter 9.00
PRELIMINARY ARTICLE
Sections:
9.00.010 Preliminary article.
A. This division shall be known and may be cited as the “Prosser Criminal Code.”
B. As used in this division, “RCW” shall mean the Revised Code of Washington.
C. As used in this division, “PMC” shall mean the Prosser Municipal Code.
D. If any chapter, section, subsection, sentence, or provision of this division, or its application to any person or circumstance is held invalid, the remainder of this division, or the application of the chapter, section, subsection, sentence, or provision to other persons or circumstances is not affected, and to this end, the chapters, sections, subsections, sentences and provisions of this division are declared to be severable.
E. By adopting Washington state statutes by reference in this division, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes committed within the city of Prosser. Whenever the word “state” shall appear in any statute adopted by reference in this division, 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.
F. Whenever a state statute specifically adopted in this division refers to another state statute not specifically adopted in this division, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this division.
G. Any state statute that is adopted by reference in this division and which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute.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 by reference in this division shall retain its full force and effect as part of this division subsequent to the effective date of its amendment or recodification.
H. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this division, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number.
I. Title, chapter, section and subsection captions are for organizational purposes only and shall not be construed as part of this division.
J. The provisions of this division do not apply to or govern the construction of or punishment of any offense committed prior to the effective date of the ordinance codified in this division or to the construction and application of any defense to a prosecution for such offense. Such an offense shall be construed and punished according to the provisions of the law existing at the time of the commission of the offense in the same manner as if this division had not been enacted. The provisions of this division shall apply to any offense committed on or after its effective date unless otherwise expressly provided or unless the context otherwise requires and shall also apply to any defense to prosecution for such an offense.
K. As used in this division, words used in the present tense include the future tense; the masculine includes the feminine and neutral genders; and the singular includes the plural and vice versa.
L. The provisions of this division are intended to create a duty to the public in general and not to create any duty to individuals or to any particular class of individuals. These provisions are not for the protection of any person or class of persons.
M. Unless otherwise provided in this division, violation of any provision of this division shall be punishable by:
1. Gross Misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
2. Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. (Ord. 2731 §§ 2 (part), 3, 2011).
9.00.020 Jurisdiction.
The following persons are subject to punishment:
A. A person who commits in the city any crime as defined by ordinance, in whole or part;
B. 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;
C. A person who, being out of the city, counsels, causes, procures, aids, or abets another to commit a crime in the city;
D. A person who commits an act without the city which affects persons or property within the city which, if committed within the city, would be a crime. (Ord. 2731 § 2 (part), 2011).