Chapter 9.10
OFFENSES

Sections:

9.10.010    Purposes.

9.10.020    Aggressive begging.

9.10.030    Opening or consuming liquor or possessing open container of liquor in public place.

9.10.040    Controlled substances – Drug paraphernalia – Possession prohibited.

9.10.050    Controlled substances – Definitions.

9.10.060    Controlled substances – Violation, penalty.

9.10.070    Discharge of firearms prohibited.

9.10.080    Disorderly conduct.

9.10.090    Disruption of school activities.

9.10.100    Inhaling toxic fumes.

9.10.110    Throwing objects at or from moving vehicles.

9.10.120    Unlawful use of air, potato or paintball guns – Penalty.

9.10.130    Urinating in public.

9.10.140    Launching a watercraft within town limits.

9.10.150    Certified copies to be furnished to court.

9.10.010 Purposes.

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 interests;

(2) To give fair warning of the nature of the conduct declared to constitute an offense; and

(3) To prescribe penalties for each. (Ord. 283 § 1, 1999)

9.10.020 Aggressive begging.

(1) Any person who engages in aggressive begging in a public place in the town as those terms are defined by this section is guilty of a misdemeanor.

(2) As used in this section:

(a) “Aggressive begging” means to beg with intent to intimidate another person into giving money or goods.

(b) “Begging” means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means.

(c) “Intimidate” means to coerce or frighten into submission or obedience.

(d) “Public place” means any road, alley, lane, parking area, sidewalk or any other place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel that is common use by the public with the consent, expressed or implied, of the owner or owners, and any public playground, school grounds, recreation grounds, parks, park drives, parkways, park paths and rights-of-way open to the public. (Ord. 283 § 3, 1999)

9.10.030 Opening or consuming liquor or possessing open container of liquor in public place.

Except as provided by RCW Title 66 or town of Skykomish park rules, any person who possesses an open container of liquor in a public place is guilty of a misdemeanor and shall be fined not more than $100.00; provided, that this provision shall not apply to containers kept in the trunk of a vehicle or in an area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. (Ord. 283 § 4, 1999)

9.10.040 Controlled substances – Drug paraphernalia – Possession prohibited.

Any person who possesses any drug paraphernalia as defined in SMC 9.10.060 is guilty of a misdemeanor. (Ord. 283 § 5, 1999)

9.10.050 Controlled substances – Definitions.

(1) “Drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, smoking, or otherwise introducing into the human body a controlled substance.

(2) A device “designed primarily for” smoking or ingestion as set forth in subsection (1) of this section is a device which has been fabricated, constructed, altered, adjusted or marked especially for use in the smoking, ingestion or consumption of marijuana, hashish, hashish oil, cocaine or any other “controlled substance,” and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding the fact that it might also be possible to use such device for some other purpose.

(3) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:

(a) Statements by an owner or by anyone in control of the object concerning its use;

(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

(c) The proximity of the object, in time and space, to a direct violation of this chapter;

(d) The proximity of the object to controlled substances;

(e) The existence of any residue of controlled substances on the object;

(f) Instructions, oral or written, provided with the object concerning its use;

(g) Descriptive materials accompanying the object which explain or depict its use;

(h) National and local advertising concerning its use;

(i) The manner in which the object is displayed for sale;

(j) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(k) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(l) The existence and scope of legitimate uses for the object in the community; and

(m) Expert testimony concerning its use. (Ord. 283 § 6, 1999)

9.10.060 Controlled substances – Violation, penalty.

Any person convicted of violating SMC 9.10.050 shall be guilty of a misdemeanor. (Ord. 283 § 7, 1999)

9.10.070 Discharge of firearms prohibited.

(1) Any person who knowingly discharges a firearm within the town of Skykomish is guilty of a misdemeanor.

(2) The provisions of this section do not apply to:

(a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

(b) Law enforcement personnel;

(c) Security personnel while engaged in official duties; or

(d) A person utilizing a properly licensed institutional, membership and/or commercial shooting range. (Ord. 283 § 8, 1999)

9.10.080 Disorderly conduct.

Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:

(1) Uses abusive language and thereby intentional creates a risk of assault;

(2) Intentionally disrupts any lawful assembly or meeting of persons without authority;

(3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or

(4) Fights by agreement, except as part of an organized athletic event. (Ord. 283 § 9, 1999)

9.10.090 Disruption of school activities.

(1) Any person who enters or remains in any school building, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto and intentionally causes disruption of the activities of the school is guilty of a gross misdemeanor.

(2) As used in this section “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. (Ord. 283 § 10, 1999)

9.10.100 Inhaling toxic fumes.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW

9.47A.010     Definition.

9.47A.020     Unlawful inhalation – Exception.

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

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

9.47A.050     Penalty.

(Ord. 283 § 11, 1999)

9.10.110 Throwing objects at or from moving vehicles.

(1) Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor.

(2) Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing or substance from a moving vehicle on the public highways or streets in such a manner as to strike or be likely to strike another moving vehicle on the public highways or streets or a pedestrian is guilty of a misdemeanor. (Ord. 283 § 12, 1999)

9.10.120 Unlawful use of air, potato or paintball guns – Penalty.

(1) Any person who points or shoots an air, potato or paintball gun at any person or property of another, or who aims or discharges such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another, is guilty of a misdemeanor and, in addition to any other punishment imposed, the court shall order the weapon to be confiscated, and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons.

(2) “Air gun” means any air gun, air pistol, air rifle, BB gun and toy or other guns designed or modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substances a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals.

(3) “Potato gun” means any gun, pistol, rifle or toy designed or modified and used to propel, by compressed air or spring-loaded plunger, any potato a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals.

(4) “Paintball gun” means any gun, pistol, rifle, or toy designed or modified and used to propel, by compressed air or spring-loaded plunger, paint a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals. (Ord. 283 § 13, 1999)

9.10.130 Urinating in public.

Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. (Ord. 283 § 14, 1999)

9.10.140 Launching a watercraft within town limits.

Individual, noncommercial public access to the river for launching personal watercraft (inflatable boat, raft, kayak, inner tube, etc.) shall be available at the end of 3rd Street N., the end of 4th Street N., or across private property with the property owner’s permission. Any person who launches a personal watercraft outside of the areas shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be subject to a misdemeanor. (Ord. 285, 1999; Ord. 283 § 15, 1999)

9.10.150 Certified copies to be furnished to court.

The town clerk is directed to provide at town expense to the court administrators of the northeast and Seattle divisions of the King County district court adequate numbers of certified copies of the ordinance codified in this chapter to permit enforcement of this chapter. (Ord. 283 § 16, 1999)