Chapter 9.04 PENAL CODE

A. With the exception of the RCW sections set forth in subsection (C) of this section, and notwithstanding the RCW sections that are specifically adopted by reference in this title, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted, as hereafter amended, as subsequently adopted, or recodified from time to time, and shall be given the same force and effect as if set forth herein in full.

B. All Class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in chapter 9A.28 RCW, regarding anticipatory offenses, such as criminal attempt, criminal solicitation, or criminal conspiracy. The adoption of Class C felonies shall be subject to the provisions of subsection (A) of this section and this chapter.

C. The following RCW section is not adopted by the city of Sumner: RCW 9A.84.030, Disorderly conduct. (Ord. 2288 § 1, 2009)

9.04.010 Definitions.

As used in this chapter:

“Principal” means every person concerned in the commission of a misdemeanor in violation of any city ordinance, whether he directly commits the act constituting the offense or aids or abets; and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a misdemeanor. Principals shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent shall not be a defense to any person aiding, abetting, counselling, encouraging, hiring, commanding, inducing or procuring him. (Ord. 2778 § 1 (Exh. A), 2021; Ord. 1300 §§ 1, 2, 1985)

9.04.020 Attempted crime.

Repealed by Ord. 1791. (Ord. 1300 § 3, 1985)

Article II. Adopted Statutes

9.04.030 Adopted RCW Title 9 statutes.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of RCW Title 9 are hereby adopted by reference:

Abandoned Refrigeration Equipment

RCW

9.03.010 Abandoning, discarding refrigeration equipment.

9.03.020 Permitting unused equipment to remain on premises.

9.03.030 Violation of RCW 9.03.010 or RCW 9.03.020.

9.03.040 Keeping or storing equipment for sale.

Advertising, Crimes Relating to

RCW

9.04.010 False advertising.

9.04.050 False, misleading, deceptive advertising.

9.04.070 False, misleading, deceptive advertising – Penalty – Other remedies and penalties not applicable.

9.04.080 False, misleading, deceptive advertising – Assurance of discontinuance of unlawful practice.

9.04.090 Advertising fuel prices by service stations.

Anarchy and Sabotage

RCW

9.05.150 Publishing matter inciting breach of peace.

Brands and Marks, Crimes Relating to

RCW

9.16.030 Counterfeiting trademark, brand, etc.

9.16.040 Displaying goods with false trademark.

9.16.050 When deemed affixed.

9.16.070 Form and similitude defined.

9.16.080 Sales of petroleum products improperly labeled or by wrong grade.

9.16.090 Sales of petroleum products improperly labeled or by wrong grade – Penalty for violations.

Bidding Offenses

RCW

9.18.120 Suppression of competitive bidding.

9.18.130 Collusion to prevent competitive bidding.

9.18.140 Penalty.

9.18.150 Agreements outside state.

Telecommunications Crime

RCW

9.26A.090 Telephone company credit cards – Publishing number or code – “Publishes” defined.

9.26A.100 Definitions.

9.26A.110 (Except [1] [b] and [2]) – Fraud in obtaining telecommunications service – Penalty.

9.26A.120 Fraud in operating coin-box telephone or other receptacle.

9.26A.130 Penalty for manufacture or sale of slugs to be used for coin.

Interference with Court

RCW

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

False Representations

RCW

9.38.010 False representation concerning credit.

9.38.015 False statement by deposit applicant.

9.38.020 False representation concerning title.

Fire, Crimes Relating to

RCW

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

Firearms and Dangerous Weapons

RCW

9.41.010 Terms defined.

9.41.050 Carrying pistol.

9.41.060 Exception to restriction on carrying pistol.

9.41.097 Supplying information on persons purchasing pistols or applying for concealed pistol licenses.

9.41.098 Forfeiture of firearms, order by courts – Return to owner – Confiscation by law enforcement officer.

9.41.100 Dealers to be licensed.

9.41.110 Dealer’s licenses, by whom granted and conditions thereof – Wholesale sales excepted – Permits prohibited.

9.41.120 Certain transfers forbidden.

9.41.140 Alteration of identifying marks – Exceptions.

9.41.170 Alien’s license to carry firearms – Exceptions.

9.41.230 Aiming or discharging firearms.

9.41.240 Use of firearms by minor.

9.41.250 Dangerous weapons – Evidence.

9.41.260 Dangerous exhibitions.

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

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

9.41.290 State preemption.

9.41.300 Firearms prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.

9.41.810 Penalty.

Forgery

RCW

9.44.080 Misconduct in signing a petition.

Frauds and Swindles

RCW

9.45.060 Encumbered, leased or rented personal property – Construction.

9.45.062 Failure to deliver leased personal property – Requisites for prosecution – Construction.

9.45.080 Fraudulent removal of property.

9.45.090 Knowingly receiving fraudulent conveyance.

9.45.100 Fraud in assignment for benefit of creditors.

Inhaling Toxic Fumes

RCW

9.47A.010 Definition.

9.47A.020 Unlawful inhalation – Exception.

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

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

9.47A.050 Penalty.

Libel and Slander

RCW

9.58.010 Libel, what constitutes.

9.58.020 How justified or excused – Malice, when presumed.

9.58.030 Publication defined.

9.58.040 Liability of editors and others.

9.58.050 Report of proceedings privileged.

9.58.070 Privileged communications.

9.58.080 Furnishing libelous information.

9.58.090 Threatening to publish libel.

9.58.110 Slander of women.

9.58.120 Testimony necessary to convict.

Malicious Mischief – Injury to Property

RCW

9.61.230 Telephone calls to harass, intimidate, torment or embarrass.

9.61.240 Telephone calls to harass, intimidate, torment or embarrass – Permitting telephone to be used.

9.61.250 Telephone calls to harass, intimidate, torment or embarrass – Offense, where deemed committed.

Obscenity and Pornography

RCW

9.68.015 Obscene literature, shows, etc. – Exception.

9.68.030 Indecent articles, etc.

9.68.050 “Erotic material” – Definition.

9.68.060 (1) (2) (3) (a) (b) (c) (d) (i) (ii) “Erotic material” – Determination by court – Labeling – Penalties.

9.68.070 Prosecution for violation of RCW 9.68.060 – Defenses.

9.68.080 Unlawful acts.

9.68.100 Exceptions to provisions of RCW 9.68.050 through RCW 9.68.120.

9.68.110 Motion picture operator or projectionist exempt, when.

9.68.120 Provisions of RCW 9.68.050 through 9.68.120 exclusive.

9.68.130 “Sexually explicit material” – Defined – Unlawful display.

Sexual Exploitation of Children

RCW

9.68A.001 Legislative finding.

9.68A.011 Definitions.

9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct – Report required.

9.68A.110 (2) Certain defenses barred, permitted.

9.68A.140 Definitions.

9.68A.150 Allowing minor on premises of live erotic performance.

9.68A.160 Penalty.

Duty of Witnesses

RCW

9.69.100 Duty of witness of offense against child or any violent offense – Penalty.

Perjury

RCW

9.72.090 Committal of witness – Detention of documents.

Privacy, Violating Right of

RCW

9.73.010 Divulging telegram.

9.73.020 Opening sealed letter.

9.73.030 Intercepting or recording private communication – Consent required – Exceptions.

9.73.080 Intercepting, recording, or divulging private communication – Penalty.

9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility.

9.73.100 Recordings available to defense counsel.

United States and States Flags, Crimes Relating to

RCW

9.86.010 “Flag”, etc., defined.

9.86.020 Improper use of flag prohibited.

9.86.030 Desecration of flag.

9.86.050 Penalty.

Miscellaneous Crimes

RCW

9.91.010 Denial of civil rights – Terms defined.

9.91.025 Unlawful bus conduct.

9.91.060 Leaving children unattended in parked automobile.

9.91.110 Metal buyers – Records of purchases – Penalty.

9.91.130 Disposal of trash in charity donation receptacle.

9.91.140 Food coupons.

9.91.160 Personal protection spray devices.

(Ord. 1791 § 1, 1997: Ord. 1490 § 1, 1990: Ord. 1300 § 28, 1985)

9.04.040 Adopted RCW Title 9A statutes.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of RCW Title 9A are hereby adopted by reference:

Preliminary Article

RCW

9A.04.020 Purposes – Principles of construction.

9A.04.040 Classes or crimes.

9A.04.050 People capable of committing crimes – Capability of children.

9A.04.060 Common law to supplement statute.

9A.04.070 Who amenable to criminal statutes.

9A.04.080 (1) (h) & (i) (2) & (3) Limitation of actions.

9A.04.100 Proof beyond a reasonable doubt.

9A.04.110 Definitions.

Principles of Liability

RCW

9A.08.010 General requirements of culpability.

9A.08.020 Liability for conduct of another – Complicity.

9A.08.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf.

Insanity

RCW

9A.12.010 Insanity.

Defenses

RCW

9A.16.010 Definitions.

9A.16.020 Use of force – When lawful.

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.

Anticipatory Offenses

RCW

9A.28.020 (1) (2) (3) (d) (e) Criminal attempt.

9A.28.030 Criminal solicitation.

9A.28.040 (1) (2) (a) (b) (c) (d) (e) (3) (d) (e) Criminal conspiracy.

Assault – Physical Harm

RCW

9A.36.041 Assault in the fourth degree.

9A.36.050 Reckless endangerment in the second degree.

9A.36.070 Coercion.

9A.36.150 Interfering with the reporting of domestic violence.

Custodial Interference

RCW

9A.40.070 Custodial interference in the second degree.

9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted.

Sexual Offenses

RCW

9A.44.010 Definitions.

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

Arson, Reckless Burning and Malicious Mischief

RCW

9A.48.010 Definitions.

9A.48.050 Reckless burning in the second degree.

9A.48.060 Reckless burning – Defense.

9A.48.090 Malicious mischief in the third degree.

9A.48.100 Malicious mischief – “Physical damage” defined.

Interference with Health Care Facilities or Providers

RCW

9A.50.010 Definitions.

9A.50.020 Interference with health care facility.

9A.50.030 Penalty.

9A.50.060 Informational picketing.

9A.50.070 Protection of health care patients and providers.

9A.50.900 Construction.

Burglary and Trespass

RCW

9A.52.010 Definitions.

9A.52.040 Inference of intent.

9A.52.050 Other crime in committing burglary punishable.

9A.52.060 Making or having burglary tools.

9A.52.070 Criminal trespass in the first degree.

9A.52.080 Criminal trespass in the second degree.

9A.52.090 Criminal trespass – Defenses.

9A.52.100 Vehicle prowling in the second degree.

9A.52.120 Computer trespass in the second degree.

9A.52.130 Computer trespass – Commission of other crime.

Theft and Robbery

RCW

9A.56.010 Definitions.

9A.56.020 Theft – Definition, defense.

9A.56.050 Theft in the third degree.

9A.56.060 (1) (2) (5) (a) (b) Unlawful issuance of checks or drafts.

9A.56.096 Theft of rental, leased, or lease-purchased property.

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

9A.56.170 Possessing stolen property in the third degree.

9A.56.180 Obscuring identity of a machine.

9A.56.220 Theft of cable television services.

9A.56.230 Unlawful sale of cable television services.

9A.56.240 Forfeiture and disposal of device used to commit violation.

9A.56.270 Shopping cart theft.

Fraud

RCW

9A.60.010 Definitions.

9A.60.040 Criminal impersonation.

9A.60.050 False certification.

Defrauding a Public Utility

RCW

9A.61.010 Definitions.

9A.61.020 Defrauding a public utility.

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

9A.61.060 Restitution and costs.

9A.61.070 Damages not precluded.

Perjury and Interference with Official Proceedings

RCW

9A.72.010 Definitions.

9A.72.040 False swearing.

9A.72.050 Perjury and false swearing – Inconsistent statements – Degree of crime.

9A.72.060 Perjury and false swearing – Retraction.

9A.72.070 Perjury and false swearing – Irregularities no defense.

9A.72.080 Statement of what one does not know to be true.

9A.72.085 Matters in official proceedings required to be supported, etc.

9A.72.140 Jury tampering.

9A.72.150 Tampering with physical evidence.

Obstructing Governmental Operation

RCW

9A.76.010 Definitions.

9A.76.020 Obstructing a public servant.

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

9A.76.040 Resisting arrest.

9A.76.050 Rendering criminal assistance – Definition of term.

9A.76.060 Relative defined.

9A.76.070 (1) (2) (a) Rendering criminal assistance in the first degree.

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

9A.76.090 Rendering criminal assistance in the third degree.

9A.76.100 Compounding.

9A.76.130 Escape in the third degree.

9A.76.160 Introducing contraband in the third degree.

9A.76.170 (1) (2) (d) Bail jumping.

9A.76.175 Making a false or misleading statement to a public servant.

Public Disturbance

RCW

9A.84.010 (1) (2) (b) Riot.

9A.84.020 Failure to disburse.

9A.84.030 Disorderly conduct.

9A.84.040 False reporting.

Indecent Exposure – Prostitution

RCW

9A.88.010 Indecent exposure.

9A.88.030 Prostitution.

9A.88.050 Prostitution – Sex of parties immaterial – No defense.

9A.88.060 Promoting prostitution – Definitions.

9A.88.090 Permitting prostitution.

9A.88.110 Patronizing a prostitute.

(Ord. 1863 § 1, 1999; Ord. 1847 § 1, 1998; Ord. 1791 § 2, 1997: Ord. 1490 § 2, 1990: Ord. 1397 § 2, 1987: Ord. 1300 § 29, 1985)

Article IV. Crimes Against the Person

9.04.090 Provoking assault.

Every person who, by word, sign or gesture, wilfully provokes, or attempts to provoke another person to commit an assault or breach of the peace, is guilty of a misdemeanor. (Ord. 1300 § 8, 1985)

9.04.095 Harassment.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of the chapters 9A.46 and 10.14 RCW, relating to harassment, are hereby adopted by this reference.

RCW

9A.46.010 Legislative finding.

9A.46.020 Definition – Penalties.

9A.46.030 Place where committed.

9A.46.040 Court-ordered requirements upon person charged with crime – Violation.

9A.46.050 Arraignment – No-contact order.

9A.46.060 Crimes included in harassment.

9A.46.070 Enforcement of orders restricting contact.

9A.46.080 Order restricting contact – Violation.

9A.46.090 Non-liability of peace officer.

9A.46.100 “Convicted”, time when.

9A.46.110 Stalking.

9A.46.900 Short title.

9A.46.910 Severability.

10.14.120 Disobedience of order – Penalties.

10.14.150 Jurisdiction.

10.14.170 Criminal penalty.

(Ord. 1775 § 1, 1996: Ord. 1553 § 1, 1992)

9.04.100 Neglect of a child or dependent person.

A. A person is guilty of the crime of neglect of a child or dependent person if the person is a parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life and, with criminal negligence, the person:

1. Withholds any of the basic necessities of life; or

2. Maintains living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury; or

3. Supervises the child or dependent person and:

a. As a result of such supervision, the child or dependent person suffers bodily injury; or

b. The supervision creates a substantial risk that the child or dependent person will suffer bodily injury; or

4. Fails to supervise the child or dependent person and:

a. As a result of such failure, the child or dependent person suffers bodily injury; or

b. Such failure creates a substantial risk that the child or dependent person will suffer bodily injury.

B. In any prosecution for neglect of a child or dependent person, it shall be a defense that the withholding of the basic necessities of life or the maintenance of living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made.

C. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

D. “Child” means a person under 18 years of age.

E. “Dependent person” means a person who, because of physical or mental disability or because of advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home as defined in RCW 18.51.010, a resident of an adult family home as defined in RCW 70.128.010, and a frail, elderly, or vulnerable adult as defined in RCW 74.34.020(15) is presumed to be a dependent person for purposes of this section.

F. For the purposes of this section, “bodily injury” means physical pain, injury, illness, or impairment of physical condition that is more than minor or transient.

G. Neglect of a child or dependent person is a gross misdemeanor. (Ord. 2288 § 2, 2009)

Article V. Crimes Against the Public Order

9.04.120 Telephone calls to harass, intimidate, torment or embarrass.

Repealed by Ord. 1791. (Ord. 1300 § 11, 1985)

9.04.130 Discharge of firearms or other dangerous instruments.

It is unlawful for any person, except an officer of the law in line of duty, to discharge any firearm, airgun, slingshot or any instrument of similar character, within the city limits of the city of Sumner. (Ord. 1300 § 12, 1985)

9.04.140 Obscene literature and shows.

Repealed by Ord. 1791. (Ord. 1300 § 13, 1985)

9.04.150 Laying out poison.

Any person who shall lay out or expose any kind of poison, or leaves exposed any poisoned, food or drink for man, animal or fowl, or any substance or fluid wherein or whereon there is or shall be deposited or mingled any kind of poison or poisonous or deadly substance or fluid, on the premises of another, or in any unenclosed place, or in any place which the person knows is frequented by other persons, animals, or fowls, is guilty of misdemeanor. Nothing in this section shall be construed as preventing any person from poisoning rodents or other nonvaluable or nonprotected animals or birds, so long as no danger to other persons, or valuable or protected animals or birds is created. (Ord. 1300 § 14, 1985)

9.04.160 Keeping disorderly place.

Every keeper or person in charge of any barroom or public drinking place, or at any cigar stand, confectionery store, fruit stand, lunch counter, cafe, restaurant, motion picture house, theater, dance hall, hotel, motel or rooming house, or any other public place who shall permit any breach of the peace or disturbance of public order or decorum, by noisy, riotous or disorderly conduct on the premises, when it is within the power of such person or persons to prevent the same; or who keeps any such place in a disorderly manner, is guilty of a misdemeanor. (Ord. 1300 § 15, 1985)

9.04.170 Animals.

Every person is guilty of a misdemeanor who:

A. Wilfully or for the amusement of himself or others, or for gain, causes any bull, bear, cock, dog or other animal to fight, chase, worry or injure any other animal, or to be fought, chased, worried or injured by any man or animal, and every person who permits the same to be done on any premises under his charge or control; and every person who aids, abets or is present at such fighting, chasing, worrying or injuring of such animal as a spectator; or

B. Owns, possesses, keeps or trains any bird or other animal with the intent that such bird or other animal shall be engaged in the exhibition of fighting, or is present in any place, building or tenement, where training is being had or preparations are being made for the fighting of birds or other animals, with the intent to be present at such exhibition. (Ord. 1300 § 16, 1985)

9.04.180 Gambling fundraisers prohibited.

Pursuant to RCW 9.46.295, “fund raising events,” as defined by the provisions RCW 9.46.020(23), are absolutely prohibited within the corporate limits of the city of Sumner. (Ord. 1300 § 17, 1985)

9.04.190 Bunko – Swindling.

Any person or persons engaged in bunko or in the operation of a swindling game or device for the purpose of swindling or defrauding others is guilty of a misdemeanor. (Ord. 1300 § 18, 1985)

9.04.200 Molesting another person.

Any person who shall annoy, bother, molest, insult or offer an affront to any other person, is guilty of a misdemeanor. (Ord. 1300 § 19, 1985)

9.04.205 Violation of no contact order also contempt.²

The violation of any order issued by the Sumner municipal court pursuant to chapter 10.99 RCW shall also constitute contempt of court, and is subject to the penalties prescribed by law. (Ord. 2288 § 3, 2009)

Article VI. Crimes Against Property

9.04.210 Lodging without permission.

Any person who lodges in any place, or upon any property without the permission of the owner or person entitled to the possession thereof, is guilty of a misdemeanor. (Ord. 1300 § 20, 1985)

9.04.220 Occupying auto without permission.

Any person who, without permission of the owner or person entitled to the possession thereof, intentionally occupies or attempts to enter a motor vehicle, is guilty of a misdemeanor. (Ord. 1300 § 21, 1985)

9.04.230 Injuring any property.

It is a misdemeanor to maliciously damage or destroy any property of another, including public property within the city, whether real or personal property; or, without municipal authority, to deface, mutilate, tear down, or destroy any signboard or signpost within the corporate limits of the city. Where property owned by the city or under its control is so destroyed or injured, the mayor is authorized and empowered to offer a reward in any sum not exceeding $100.00 for information leading to the arrest and conviction of the guilty party. (Ord. 1300 § 22, 1985)

9.04.240 False advertising.

Repealed by Ord. 1791. (Ord. 1300 § 23, 1985)

Article VII. Minors

9.04.250 Minors in cardrooms.

It is unlawful for any minor under the age of 18 years to play at cards at or upon the tables in any place of public resort or to be in any room, enclosure or place where card games are carried on, or to loiter about or within any such place. It is unlawful for any owner, keeper, operator or employee of any public resort to allow or permit any minor under the age of 18 years to play at cards in such public resort or to loiter therein. Every person, owning, operating or having charge or control of any such place of public resort, shall post signs or notices in any room or rooms where such games of cards are played, in a conspicuous place therein in letters of not less than one inch, with the words thereon “MINORS NOT ALLOWED,” which such signs shall at all times be kept displayed in such room or rooms; failure to post such notices shall be deemed a misdemeanor. (Ord. 1300 § 24, 1985)

9.04.260 Contributing to delinquency of minor.

Any person who by an act or omission encourages, causes or contributes to the delinquency of any child under the age of 18 years is guilty of a misdemeanor. (Ord. 1300 § 25, 1985)

Article VIII. Weapons

9.04.270 Loaded rifles in motor vehicles.

It is unlawful for any person to carry, transport or convey, or to have in his possession or under his control in any motor-driven vehicle any shotgun or rifle containing shells or cartridges therein. (Ord. 1300 § 26, 1985)

9.04.280 Pistols.

Repealed by Ord. 1791. (Ord. 1300 § 27, 1985)

Article IX. Enforcement

9.04.290 Violation – Penalty.

A. Any person violating any of the provisions of this chapter, unless otherwise specifically designated, is guilty of a misdemeanor.

B. Every person convicted of a misdemeanor shall be punished by a fine in an amount fixed by the court of not more than $1,000, or by imprisonment for a maximum term fixed by the court of not more 90 days, or by both such imprisonment and fine.

C. Every person convicted of a gross misdemeanor shall be punished by a fine in an amount fixed by the court of not more than $5,000, or by imprisonment for a maximum term fixed by the court of not more than one year, or by both such imprisonment and fine. (Ord. 1300 § 30, 1985)

9.04.300 Costs of prosecution.

Whenever anyone is convicted of an offense under any section of this chapter, the court may impose the costs of prosecution in addition to the fine imposed. (Ord. 1300 § 31, 1985)

For statutory provisions covering crimes against the person, see chapter 9.62 RCW. For statutory provisions on gambling, see chapters 9.46 and 9.47 RCW; for provisions on indecent exposure, see chapter 9A.88 RCW; for provisions on obscenity and pornography, see chapter 9.68 RCW. For statutory provisions regarding public nuisances and their abatement, see chapter 9.66 RCW. For statutory provisions covering firearms, see chapter 9.41 RCW, general firearm provisions; and RCW 77.16.250, carrying loaded rifle or shotgun in vehicle. For statutory provisions regarding the use of firearms to intimidate, see RCW 9.41.270. For statutory provisions on arson, reckless burning and malicious mischief, see chapter 9A.48 RCW; on fraud, chapter 9A.60 RCW; on burglary and trespass, chapter 9A.52 RCW; and on theft and robbery, chapter 9A.56 RCW.

Code reviser’s note: Ordinance 2288 § 3 adds Section 9.04.210 to the code. Since Ordinance 1300 § 20 already added Section 9.04.210, the new section has been renumbered to avoid duplication.