Chapter 6.02
GENERAL PROVISIONS*
Sections:
6.02.010 Attempt defined—How punished.
6.02.020 Principal defined—How punished.
6.02.060 Application of chapter to prior offenses.
6.02.100 Satisfaction of judgment—Payment of fine.
6.02.105 Criminal background checks—Police authority.
* Prior legislation: Ord. A-240.
6.02.010 Attempt defined—How punished.
An act done with intent to commit any crime defined by an ordinance of the city of Yakima, and tending but failing to accomplish it, is an attempt to commit that crime; and every person who attempts to commit such a crime shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars or by imprisonment in the city jail facility for a term not exceeding ninety days. (Ord. 2501 § 1, 1981: Ord. 1521 § 1, 1973: Ord. 448 § 1, 1963).
6.02.020 Principal defined—How punished.
Every person concerned in the commission of a violation of any ordinance of the city of Yakima, whether he directly commits the act constituting the offense or aids and abets in its commission, and whether present or absent; and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a violation of any ordinance of the city of Yakima, is a principal and shall be charged, proceeded against and punished as such. (Ord. 466 § 1, 1963).
6.02.040 Person defined.
The word “person” whenever used in this title shall, when necessary, be held and construed to mean and include natural persons of either sex, associations, partnerships and corporations, whether acting by themselves or by servant, agent or employee. The singular number shall be held and construed to include the plural and vice versa, and the masculine pronoun to include the feminine pronoun. (Ord. 1130 § 2, 1969).
6.02.050 Violation—Penalty.
A. It is unlawful for any person to violate any provision or to fail to comply with any requirement of this title. Any person who violates any of these provisions or fails to comply with any of the mandatory requirements of this title, or who is convicted of being a disorderly person, unless otherwise specified, commits a misdemeanor in violation of this title and shall be punished by jail imprisonment 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.
B. A crime is a gross misdemeanor if it is punishable by 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. (Ord. 2011-23 § 1, 2011: Ord. 94-22 § 1, 1994: Ord. 93-57 § 1, 1993: Ord. 2325 § 1, 1979: Ord. 1521 § 2, 1973: Ord. 1130 § 3, 1969).
6.02.060 Application of chapter to prior offenses.
Nothing contained in any provisions of this chapter shall apply to an offense committed or act done at any time before the date when this chapter shall take effect. Such an offense shall be punished according to, and such act shall be governed by the ordinance existing when it was done or committed, in the same manner as if this chapter had not been passed. (Ord. 94-22 § 2, 1994).
6.02.080 Force—When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(a) When necessarily used by a public officer in the performance of a legal duty, or a person assisting him and acting under his direction;
(b) When necessarily used by a person arresting one who has committed a felony and delivering him to a public officer competent to receive him into custody;
(c) Whenever used by a party about to be injured, or by another lawfully aiding him, in preventing or attempting to prevent an offense against his person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his possession, in which case the force used shall not be more than is necessary;
(d) Whenever used in a reasonable and moderate manner by a parent or his authorized agent, a guardian, master, or teacher in the exercise of lawful authority, to restrain or correct his or her child, ward, apprentice or scholar;
(e) Whenever used by a carrier of passengers or his authorized agent or servant, or other person assisting them at their first request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than shall be necessary to expel the offender with reasonable regard to his personal safety;
(f) Whenever used by any person to prevent a mentally handicapped or mentally ill person from committing an act dangerous to himself or another, or in enforcing necessary restraint for the protection of his person, or his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person. (Ord. 98-3 § 1, 1998: Ord. 206, 1961: Ord. A-236 § 1(5), 1917).
6.02.100 Satisfaction of judgment—Payment of fine.
(a) In all cases of conviction in the Yakima district court or the Yakima municipal court for the violation of any city of Yakima ordinance, the judge shall enter judgment for the fine and costs imposed against the defendant. The judge may commit the defendant to jail until the amount of such fine and costs owing are paid. The amount of such fine and costs owing shall be the total of the fine and costs imposed as reduced by any portion thereof paid any time after judgment is entered.
(b) Cash bail posted with the Yakima municipal court or Yakima district court on behalf of a defendant is presumed to be the money of said defendant. Anyone posting bail on behalf of a defendant shall be personally informed, by means of a written notice, that the posted cash bail shall be, at the conclusion of the pending case, applied to any fines, fees and/or costs the defendant owes the Yakima municipal court, city of Yakima and/or Yakima district court, and that thereafter, any remaining cash bail shall be returned to the payor of said cash bail. Such notice shall be signed by the payor of the cash bail before the cash bail may be posted, and shall be in substantially the following form:
NOTICE TO THOSE WHO POST BAIL IN THE YAKIMA MUNICIPAL COURT OR YAKIMA DISTRICT COURT
Anyone posting cash bail in the Yakima Municipal Court or the Yakima District Court on behalf of a defendant who has a pending case prosecuted by the City of Yakima hereby consents that said cash bail shall be first applied, at the conclusion of the defendant’s case, to any outstanding fines, fees, and/or costs which the defendant owes the Yakima Municipal Court, the City of Yakima, or the Yakima District Court. The remaining balance of said cash bail shall be returned to the payor once the defendant’s fines, fees and/or costs are paid in full.
Should the application of the cash bail to the defendant’s fines, fees, and/or costs create a severe financial hardship for a payor of said cash bail, other than the defendant, he or she may petition the court for the return of all, or some, of the cash bail posted.
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Signature of Bail Payor and Date
If the payor of cash bail, other than the defendant, demonstrates to the court that he or she would suffer a severe financial hardship should the cash bail be applied to fines, costs or fees the defendant owes the city of Yakima, the Yakima municipal court, or the Yakima district court, the court may, in its discretion, return to the payor some or all of the cash bail posted by the payor.
(c) Upon any such commitment to jail for the payment of fines and costs, the defendant may be ordered to be placed at hard labor. In such an event, the defendant shall receive credit, toward the amount of such fine and costs owing, of seventy-five dollars for each day he or she performs hard labor. Otherwise, the defendant shall receive credit, toward such fines and costs owing the Yakima district court, Yakima municipal court or city of Yakima, in the amount of fifty dollars for each day of imprisonment. (Ord. 98-3 § 2, 1998: Ord. 93-47 § 1, 1993: Ord. 912 § 1; May 15, 1967: Ord. 326 § 1; March 12, 1962).
6.02.105 Criminal background checks—Police authority.
A. City of Yakima police officers may conduct criminal background checks on a person stopped for committing a traffic infraction under the Yakima Municipal Code or the Revised Code of Washington, as now and hereafter amended, to determine whether the person stopped is a wanted person.
B. City of Yakima police officers may conduct criminal background checks on a person stopped for committing a non-traffic infraction under the Yakima Municipal Code or the Revised Code of Washington, as now and hereafter amended, to determine whether the person stopped is a wanted person.
C. All such criminal background checks, as referenced in subsections A and B of this section, shall be done at the scene of the traffic or non-traffic stop whenever practicable, and all criminal background checks conducted shall be done in such a manner as to not cause undue delay in the detention of the person stopped. (Ord. 97-52 § 1, 1997: Ord. 97-51 § 1, 1997).
6.02.300 Severability.
If any clause, part or section of this title shall be adjudged invalid or unconstitutional, such judgment shall not affect or invalidate the remainder of this title nor the application of any such clause, part or section to any other person, but shall be confined in its operation to the clause, part or section directly involved in the controversy in which such judgment was rendered. (Ord. 98-3 § 3, 1998: Ord. 1130 § 1, 1969).