Chapter 8.05
IN GENERAL
Sections:
8.05.010 Preliminary statement.
8.05.020 Purposes – Principles of construction.
8.05.030 City criminal jurisdiction.
8.05.050 Punishment and restitution.
8.05.060 Limitation of action.
8.05.070 Proof beyond a reasonable doubt.
8.05.080 General provisions – Adoption by reference.
8.05.090 Principles of liability.
8.05.110 Regulation of activities – State penal laws.
8.05.120 Copies to be available.
8.05.130 Certified copies to be furnished to court.
8.05.010 Preliminary statement.
A. This title shall be known as, and shall be cited as, the Spokane Valley criminal code (SVCC).
B. The provisions of this title shall apply to any offense committed on or after 12:01 a.m. on March 31, 2003, within the City of Spokane Valley.
C. The provisions of this title do not apply to, or govern the construction of and punishment for, any offense committed prior to 12:01 a.m. on March 31, 2003, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing in the City at the time of the commission thereof in the same manner as if the ordinance codified in this title had not been enacted.
D. The sections of the Revised Code of Washington (RCW) now in effect or as subsequently amended, specifically enumerated in this title, are adopted by reference in this title.
E. In issuing a citation to any person or persons for violation of the provisions of this title, law enforcement officers may cite to either the specific Spokane Valley criminal code provision or the specific RCW provision from which it is adopted by reference.
F. Section captions are for organizational purposes only, and shall not be construed as part of this title. (Ord. 46 § 1, 2003).
8.05.020 Purposes – Principles of construction.
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 interests;
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; and
4. To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.
B. The provisions of this title shall be construed according to the fair import of their terms, and when the language is susceptible of differing constructions, it shall be interpreted to further the general purposes stated in this title.
C. In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied.
D. Jurisdiction to prosecute any felonious activity remains with the state of Washington, county of Spokane. (Ord. 46 § 2, 2003).
8.05.030 City criminal jurisdiction.
Any person who commits any offense defined by this title, in whole or in part, within the corporate limits of the City, is liable to arrest, prosecution and punishment. (Ord. 46 § 3, 2003).
8.05.040 Classes of crimes.
An offense defined by this title, for which a sentence of imprisonment is authorized, constitutes a violation of City ordinance and is a crime. Crimes are classified as gross misdemeanors or misdemeanors. (Ord. 46 § 4, 2003).
8.05.050 Punishment and restitution.
A. Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of up to 364 days, or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine.
B. Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than 90 days, or by a fine in an amount of not more than $1,000, or by both such imprisonment and fine.
C. A person who is convicted of a misdemeanor violation of RCW 69.50.401(e), adopted by reference, shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the penalty shall be not less than $500.00 and by imprisonment of not less than 24 consecutive hours.
D. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well- being or that local jail facilities are in an overcrowded condition, the term of imprisonment shall not be suspended or deferred. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.
E. The city council reserves the right to implement a community service program to provide an alternative to fines and/or imprisonment in jail.
F. The court may impose restitution as provided in RCW 9A.20.030.
G. In the event there is a conflict in the penalties that can be imposed upon conviction for a specific offense between the provisions of the Spokane Valley criminal code and the Revised Code of Washington, the penalty provisions of the Spokane Valley criminal code shall apply unless preempted by state law. (Ord. 11-022 § 1, 2011; Ord. 46 § 5, 2003).
8.05.060 Limitation of action.
A. The prosecution of a gross misdemeanor, or a crime not otherwise classified, may not begin more than two years after its commission. The prosecution of a misdemeanor may not begin more than one year after its commission.
B. Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this state.
C. If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. (Ord. 46 § 6, 2003).
8.05.070 Proof beyond a reasonable doubt.
A. Every person charged with an offense is presumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt.
B. When an offense has been proven against a person, but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. (Ord. 46 § 7, 2003).
8.05.080 General provisions – Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW:
9A.04.050 People capable of committing crimes – Culpability of children.
9A.04.060 Common law as supplement to statutes.
9A.04.070 Who amenable to criminal statutes.
9A.04.090 Application of general provisions of code.
9A.04.110 Definitions.
9.01.055 Citizen immunity if aiding officer.
9.01.110 Omission, when not punishable.
9.01.130 Sending letter, when complete.
(Ord. 46 § 8, 2003).
8.05.090 Principles of liability.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW:
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another – Complicity.
9A.08.030 Corporate and personal liability.
(Ord. 46 § 9, 2003).
8.05.100 Defenses.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW:
9A.12.010 Defense of insanity.
9A.16.010 Definitions.
9A.16.020 Use of force – When lawful.
9A.16.040 Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.
9A.16.060 Duress.
9A.16.070 Entrapment.
9A.16.080 Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” – As defense.
9A.16.090 Intoxication.
9A.16.100 Use of force on children – Policy – Actions presumed unreasonable.
9A.16.110 Defending against violent crime – Reimbursement.
(Ord. 46 § 10, 2003).
8.05.110 Regulation of activities – State penal laws.
The City shall observe and enforce the provisions of state law as enacted and amended by the State Legislature with all state law regulating local conduct, location and limitation on activities, to the extent not identified above or subsequently enacted by the state legislature, deemed incorporated by reference as if fully set forth herein. (Ord. 46 § 57, 2003).
8.05.120 Copies to be available.
A copy of each portion of the Revised Code of Washington adopted by reference shall be authenticated and recorded by the city clerk and not less than one copy thereof shall be available in the office of the city clerk for use and examination by the public. (Ord. 46 § 59, 2003).
8.05.130 Certified copies to be furnished to court.
The city clerk is directed to provide at City expense to the court administrator of the Spokane County district court adequate numbers of certified copies of the ordinance codified in this title to permit effective enforcement of this title. (Ord. 46 § 60, 2003).