ORD 85-08 CRIMINAL OFFENSESRPB: j t
2/22/85
ORDINANCE NO. 85-08
AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON,
REPEALING TITLE 9 OF THE WINSLOW MUNICIPAL CODE
GOVERNING CRIMINAL OFFENSES; ADOPTING A NEW TITLE 9
WHICH GOVERNS CRIMINAL OFFENSES AND ESTABLISHES
PENALTIES, AND ADDING A NEW CHAPTER ENTITLED
MOTORIZED VEHICLES ON PUBLIC USE PROPERTY.
WHEREAS, the Winslow City Council finds that certain
sections contained in Title 9 of the Winslow Municipal Code
governing crimes are outdated and contain omissions, and
WHEREAS, the City Council finds that the following regu-
lations are in the best interest of the health, safety and
general welfare of the citizens of the City of Winslow, now,
therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Title 9 of the Winslow Municipal Code is
hereby repealed.
Section 2. There is hereby added to the Winslow Munici-
pal Code, a new Title 9, entitled Public Peace, Morals and
Safety, a copy of which is attached and incorporated herein by
reference.
Section 3. The provisions of this ordinance do not apply
to or govern the construction of and punishment for any offense
committed prior to the effective date of this ordinance, 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 at the time
of the commission thereof in the same manner as if this title had
not been enacted.
Section 4. Incident to the adoption by reference of
certain state laws under Chapter 9, Titles 9A, 10, 25, 66, 69 and
70 of the Revised Code of Washington, one copy of the text of the
statutes adopted by reference in this ordinance shall be filed as
required by RCW 35A.12,140 for use and examination by the public.
Section 5. This ordinance shall be published by posting
in the official posting places of the City, and shall take effect
and be in full force five (5) days after the date of posting.
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY E~'~~-Q~
FIL THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
POSTED: 5/22/85
EFFECTIVE DATE: 5/28/85
ORDINANCE NO. 85-08
APPROVED
61~, An CE ~. TAWRESE
Y I
3/27/85
5/16/85
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CITY OF WINSLOW
TITLE 9
CRIMINAL CODE
Index to Chapters:
9.01
9.02
9.03
9.04
9.05
9.06
9.07
9.08
9.09
9.10
9.20
9.30
9.40
9.50
9.60
9.70
9.80
9.90
Preliminary Article
Advertising, Crimes Relating To
Alcoholic Beverages
Animals, Crimes Relating To
Anticipatory Offenses
Children and Minors, Crimes Relating To
Controlled Substances, Paraphernalia and Toxic
Fumes
False Alarms
Fire, Crimes Relating To
Firearms and Dangerous Weapons
Frauds, Swindles and False Representations
Persons, Crimes Relating To
Property, Crimes Relating To
Public Morals, Crimes Relating To
Public Officers, Crimes Relating To
Public Peace, Crimes Relating To
Miscellaneous Crimes
Construction and Severability
Index to Sections:
9.01 Preliminary Article
9.01.010 General provisions
9.01.020 Principles of liability
9.01.030 Defenses
9.01.040 Contempt
9.01.050 Penalties
9.02 Advertising, Crimes Relating To
9.02.010 Advertising prohibited
9.03 Alcoholic Beverages
9.03.010 Alcoholic beverage control and enforcement
9.04 Animals, Crimes Relating To
9.04,010 Animals - Conduct prohibited
9.04,020 Cruelty to animals
9.05 Anticipatory Offenses
9.05,010 Anticipatory offenses prohibited
9.06 Children and Minors, Crimes Relating To
9.06.010 Children and Minors - Conduct prohibited
A. Leaving children unattended in parked vehicle
B. Communication with a minor for immoral
purposes
9.06.020 Contributing to the delinquency of a minor
9.07 Controlled Substances, Paraphernalia and Toxic Fumes
9.07.010 Controlled substances
9.07,020 Possession of paraphernalia prohibited
9.07,030 Inhaling toxic fumes
9.08 False Alarms
9.08.010 False alarms prohibited
9.09 Fire, Crimes Relating To
9.09,010 Reckless burning
9.09.020 Fire - Miscellaneous crimes
9.10 Firearms and Dangerous Weapons
9.10.010 Firearms and dangerous weapons - Prohibitions
9.10,020 Unlawful use of air guns - Penalty
9.10.030 Discharge of firearms prohibited
9.10,040 Weapons prohibited on liquor sale premises
9.20 Frauds, Swindles and False Representations
9.20,010 Frauds and swindles prohibited
9.20,020 False representations
9.30 Persons, Crimes Relating To
9.30,010 Assault and other crimes involving physical harm
9.30,020 Placing a person in fear or apprehension by threat
9.30,030 Domestic violence
9.30.050 Custodial interference
- 2 -
9.40 Property, Crimes Relating To
9.40.010 Theft, UIBC and possession of stolen property
9.40,020 Malicious mischief and obscuring identity of
machines
9.40.030 Injury or destruction of property
9.40,040 Burglary and trespass
9.40,050 Nuisance
9.50 Public Morals, Crimes Relating To
9.50.010 Public indecency - Sex crimes
9.50,020 Obscenity
9.60 Public Officers, Crimes Relating To
9.60,010 Obstructing public officers
9.60.020 Obstructing justice, criminal assistance,
introducing contraband and related offenses
9.60,030 Escape
9.70 Public Peace, Crimes Relating To
Disorderly conduct
Riot, failure to disperse, and obstruction
9.70,010
9.70.020
9.70,030
9.70.040
9.70,050
Privacy
Libel and slander
Malicious prosecution
9.80 Miscellaneous Crimes
9.80,010 Conduct prohibited
9.80.020 Pollution
9.90 Construction and Severability
9.90,010 Construction
9.90,020 Severability
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Chapter 9.01
Preliminary Article
Sections:
9.01.010
9.01.020
9.01.030
9.01.040
9.01.050
9.01.060
General provisions
Principles of liability
Defenses
Contempt
Penalty
Authorized sentence of offenders
9.01.010 General provisions. The following statutes of the
state of Washington are adopted by reference:
RCW 9.01.055
RCW 9.01.110
RCW 9.01.130
RCW 9A.04.020
RCW 9A.04.040
RCW 9A.04.050
RCW 9A.04.060
RCW 9A.04.070
RCW 9A.04.090
RCW 9A. 04.100
RCW 9A.04.110
Citizen immunity of aiding officer
Omission, when not punishable
Sending letter, when complete
Purposes - principles of construction
Classes of crime
People capable of committing crimes
(capability of children)
Common law to supplement statutes
Who amenable to criminal statutes
Application of general provisions of the code
Proof beyond a reasonable doubt
Definitions
9.01.020 Principles of liability. The following statutes of the
state of Washington are adopted by reference:
RCW 9A.08.010
RCW 9A.08.020
RCW 9A.08.030
General requirements of culpability
Liability of conduct of another, complicity
Criminal liability of corporations and
perSonS acting under a duty to act in their
behalf
9.01.030 Defenses. The following statutes of the state of
Washington are adopted by reference:
RCW 9A.12.010
RCW 9A.16.010
RCW 9A.16.020
RCW 9A.16.060
RCW 9A.16.070
Insanity
Definition
Use of force--When lawful
Duress
Entrapment
- 4 -
RCW 9A.16.080
RCW 9A.16,090
Action for being detained on mercantile
establishment of premises for investigation-
"Reasonable grounds" as defense.
Intoxication
9.01,040 Contempt. The following statutes of the State of
Washington are hereby adopted by reference:
(A)
RCW 7.20,010
RCW 7.20,020
RCW 7.20,030
RCW 7.20,040
RCW 7.20,050
RCW 7.20,060
RCW 7.20,070
RCW 7.20,080
RCW 7.20,090
RCW 7.20,100
RCW 7.20,110
RCW 7.20,120
RCW 7.20,130
RCW 7.20,140
Contempt of court defined
Punishment - General
Contempt in presence of court - Summary
punishment
Procedure in other cases
Production of defendant if in custody
How prosecuted
Execution of warrant - Bond
Return of warrant - Examination of
defendant
Judgment and sentence
Indemnity to injured party
Imprisonment until act performed
Offender may be indicted
Alias warrant - Prosecution of bond
Appeal - Punishment for contempts of
justice courts
(B) RCW 9.23,010 Criminal contempt
9.01,050 Penalty. Unless other provided, any person violating
any of the provisions of Title 9 shall be guilty of a mis-
demeanor, and upon conviction thereof, be punished by a fine not
to exceed Five Thousand Dollars ($5,000.00) or by imprisonment in
jail for a term not exceeding one (1) year, or by both such fine
and imprisonment.
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Chapter 9.02
Advertising, Crimes Relating to
Sections:
9.02,010
Advertising prohibitions
9.02.010 Advertising, prohibitions. The following statutes of
the state of Washington are adopted by reference:
RCW 9.04.010
RCW 9.04,030
RCW 9.04,040
False advertising
Advertising cures of venereal diseases, lost
vitality -- monthly regulators
Evidence
- 6 -
Chapter 9.03
Alcoholic Beverages
Section:
9.03,010 Alcoholic Beverage Control and Enforcement
9.03.010 Alcoholic beverage control--Enforcement. The following
statutes of the state of Washington are adopted by reference and
wherever the word "title" or words "this title" are used therein
the same shall be construed to mean and refer to RCW Title 66 and
"this act" shall mean and refer to the Washington State Liquor
Act:
RCW 66.04.010
RCW 66.20.200
RCW 66.28,080
RCW 66.28,090
RCW 66.44.010
RCW 66.44,040
RCW 66.44,050
RCW 66.44.060
RCW 66.44,070
RCW 66.44,080
RCW 66.44,090
RCW 66.44,100
RCW 66.44,120
RCW 66.44,130
RCW 66.44.140
RCW 66.44,150
RCW 66.44,160
RCW 66.44,170
RCW 66.44,175
RCW 66.44,180
RCW 66.44,200
RCW 66.44,210
Definitions
Unlawful acts relating to card of identi-
fication and certification card
Permit for music and dancing upon licensed
premises
Licensed premises open for inspection --
Failure to allow
Local officers to enforce law--Authority of
board -- Liquor enforcement officers
Sufficiency of description of offenses in
complaints, informations, process, etc.
Description of offense in words of statutes
-- Proof required
Proof of unlawful sale establishes prima
facie intent
Certified analysis is prima facie evidence of
alcoholic content
Service of process on corporation
Acting without license
Opening or consuming liquor in public places
Unlawful use of seal
Sales of liquor by drink or bottle
Unlawful sale, transportation of spirituous
liquor without stamp or seal -- Unlawful
operation, possession of still or marsh
Buying liquor illegally
Illegal possession, transportation of
alcoholic beverages
Illegal possession of liquor with intent to
sell -- Prima facie evidence, what is
Violations of law
Jurisdiction
Sales to persons apparently under the
influence of liquor
Obtaining liquor for inelligible person
- 7 -
RCW 66.44.240
RCW 66.44.250
RCW 66.44.270
RCW 66.44.280
RCW 66.44.290
RCW 66.44.291
RCW 66.44. 300
RCW 66.44.310
RCW 66.44.316
RCW 66.44.320
RCW 66.44.325
RCW 66.44.340
RCW 66.44.370
Drinking in public conveyance -- Penalty
against carrier
--- Penalty against individual
Furnishing liquor to minors -- Possession,
Use
Minor applying for permit
Minor purchasing liquor
Minor purchasing or attempting purchase
liquor -- Penalty
Treating minor, etc., in public place where
liquor sold
Minors frequenting tavern -- Misrepresenta-
tion of age -- Classification of licenses
Musicians eighteen years and older permitted
to enter and remain upon licensed premises
during employment
Sales of liquor to minors a violation
Unlawful transfer to a minor of an
identification of age
Employees eighteen years and over allowed to
sell and carry beer and wine for class E
and/or F licensed employees
Resisting or opposing officers in enforcement
of title.
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Chapter 9.04
Animals, Crimes Relating to
Sections:
9.04,010
9.04,020
Animals - Conduct prohibited
Cruelty to animals
9.04,010 Animals, crimes relating to. The following statutes of
the state of Washington are adopted by reference:
RCW 9.08,010
RCW 9.08,020
RCW 9.08,030
RCW 9.08,070
Allowing vicious animal at large
Diseased animals
False certificate of registration of animals
-- False representation as to breed
Dogs -- Taking concealing in injuring,
killing, etc. - Penalty
9.04.020
A.
Cruelty to Animals.
A person is guilty of cruelty to animals if he:
1. Subjects any animal to cruel mistreatment;
2. Subjects any animal in his custody to cruel neglect;
or
3. Kills or injures any animal belonging to another
without legal privilege or consent of the owner.
This section shall not be construed to prohibit accepted
veterinary practices by veterinarians.
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Chapter 9.05
Anticipatory Offenses
Section:
9.05.010 Anticipatory offenses prohibited
9.05.010 Anticipatory offenses prohibited. The following
statutes of the state of Washington are adopted by reference:
RCW 9A.28.020(1), (2), (3)(e) Criminal attempt
RCW 9A.28.030 Criminal solicitation
RCW 9A.28.040(1), (2), (3)(e) Criminal conspiracy
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Chapter 9.06
Children and Minors, Crimes Relating to
Section:
9.06.010
9.06.020
Conduct prohibited
Contributing to the delinquency of a minor
9.06.010 Conduct prohibited. The following statutes of the
State of Washington are adopted by reference:
A) RCW 9.91.060
B) RCW 9.68A.090
C) RCW 9.68A.011
D) RCW 9.68A.070
E) RCW 9.68A.080
Leaving children unattended in parked
automobile
Communicating with a minor for immoral
purposes.
Definitions
Possession of depictions of minor
engaged in sexually explicit conduct
Processors of depictions of minor
engaged in sexually explicit conduct
9.06,020 Contributing to the delinquency of a minor. In all
cases when any child is dependent or delinquent as defined in RCW
13.34,030, any person who, by act or omission, encourages,
causes, or contributes to the dependency or delinquency of such
child, shall be guilty of a misdemeanor.
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Chapter 9.07
Controlled Substances,
Paraphernalia and Toxic Fumes
Sections:
9.07.010
9.07.020
9.07.030
Controlled substance
Possession of paraphernalia prohibited
Inhaling toxic fumes
9.07.010 State Statutes adopted by reference. The following
statutes of the state of Washington are hereby adopted by
reference as if set forth in full herein:
(A) RCW 69.50.101
(B) RCW 69.50.102
(C) RCW 69.50.204(d)(13)
(D) RCW 69.50.309
(E) RCW 69.50.401(e)
(F) RCW 69.50.412
(G) RCW 69.50.505
(H) RCW 69.50.506
(I) RCW 69.50.509
Definitions
Drug paraphernalia-Definitions
Schedule I-Marijuana
Containers
Prohibited Acts: A-Penalties
Prohibited Acts: E-Penalties
Seizure and Forfeiture
Burden of Proof
Search and seizure of
controlled substances
9.07.020 Possession prohibited. No person shall possess any
drug paraphernalia as defined in RCW 69.50.102 with the intent to
use or employ the same for manufacturing and/or consuming
controlled substances.
9.07.030 Inhaling Toxic Fumes. The following statutes of the
state of Washington are adopted by reference:
RCW 9.47A.010
RCW 9.47A.020
RCW 9.47A.030
RCW 9.47A.040
Definition
Unlawful inhalation--Exception
Possession of certain substances prohibited,
when
Sale of certain substances prohibited, when
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Chapter 9.08
False Alarms
Section:
9.08.010
False alarm prohibited
9.08.010 False Alarm Prohibited. Every person who has the right
to possess any premises with an automatic alarm system shall
maintain the system in good repair and any person failing to do
so is guilty of failing to maintain an alarm system. Three false
alarms from any such system in any calendar year shall be prima
facie evidence of failure of the person having the right to
possession to comply with this section.
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Chapter 9.09
Fire, Crimes Relating To
Sections:
9.09.010
9.09,020
Reckless burning
Miscellaneous crimes
9.09,010 Reckless burning. The following statutes of the state
of Washington are adopted by reference.
RCW 9A.48.050 Reckless burning
RCW 9A.48,060 Reckless burning -- Defenses
9.09,020 Fire - Miscellaneous crimes. The following statutes of
the state of Washington are adopted by reference:
RCW 9.40.040
RCW 9.40,100
Operating engine or boiler without spark
arrester
Injuring or tampering with fire alarm
apparatus or equipment -- Sounding false
alarm of fire
- 14 -
Chapter 9.10
Firearms and Dangerous Weapons
Sections:
9.10.010
9.10.020
9.10.030
9.10,040
Firearms and dangerous weapons - Prohibitions
Unlawful use of air guns - Penalty
Discharge of firearms prohibited
Weapons prohibited on liquor sale premises
9.10.010 Firearms and dangerous weapons - Prohibitions. The
following statutes of the state of Washington are adopted by
reference:
RCW 9.41.010
RCW 9.41.050
RCW 9.41.060
RCW 9.41.070
RCW 9.41.080
RCW 9.41.090
RCW 9.41.093
RCW 9.41.095
RCW 9.41.098
RCW 9.41.100
RCW 9.41.120
RCW 9.41.130
RCW 9.41.140
RCW 9.41.150
RCW 9.41.170
RCW 9.41.230
RCW 9.41.240
RCW 9.41.250
RCW 9.41.260
RCW 9.41.270
RCW 9.41.280
Terms defined
Carrying pistol
Exception
Issuance of licenses to carry
Delivery to minors and others forbidden
Sales regulated--Application to purchase--
Grounds for denial
Exemptions
Denial of application--Appeal
Forfeiture of firearms, order by courts --
Return to owner -- Confiscation by law
enforcement officer
Dealer's licenses, by whom granted and
condition thereof--Wholesale sales excepted-
-Permits prohibited
Certain transfers forbidden
False information forbidden
Alteration of identifying marks prohibited
Exceptions
Alien's license to carry firearms--Exception
Aiming or discharging firearms
Use of firearms by minor
Dangerous weapons--Evidence
Dangerous exhibitions
Weapons apparently capable of producing
bodily harm, carrying, exhibiting, displaying
or drawing unlawful--Penalty--Exceptions
Students carrying dangerous weapons on school
property
9.10.020
Unlawful use of air guns - Penalty.
It is unlawful for any person to point or shoot an air
gun at any person or property of another, or to aim or
discharge such weapon in the direction of the person or
- 15 -
residence of another, while within such range as to
cause or inflict injury to the person or damage the
property of another.
As used in this section, the words "air gun" mean and
include the following: air gun, air pistol, air rifle,
BB gun and toy or other guns of any kind or nature when
so designed, contrived, 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 substance a distance of more than twenty-five feet
with sufficient force to break windows or inflict injury
upon persons or animals.
Any person convicted of a violation of the provisions of
this section is guilty of a misdemeanor and, in addition
to any other punishment imposed by the court, the court
shall direct that the weapon so used in violation of the
provisions hereof be confiscated.
9.01,030 Discharge of firearms prohibited. It is unlawful for
any person to discharge any firearm in the City of Winslow except
upon a rifle or pistol firing range which has been issued a
business license by the City for such purpose, provided that this
prohibition does not apply to the discharge of firearms by law
enforcement officers engaged in the performance of their official
powers or duties.
9.01.040
Weapons prohibited on liquor sale premises.
It shall be unlawful for anyone, on or in any premise in
the City where alcoholic beverages are dispensed by the
drink to:
Carry any rifle, shotgun or pistol, whether said
person has a license or permit to carry said firearm
or not, and whether said firearm is concealed or
not.
Carry any knife, sword, dagger or other cutting or
stabbing instrument, with a blade of a length of
three inches (3") or more, or any razor with an
unguarded blade, whether said weapon or instrument
is concealed or not.
Carry any instrument or weapon of the kind usually
known as a slingshot, taser, throwing star, bow,
sand club, blackjack, metal knuckles, or any stick,
chain, metal pipe, bar, club or combination thereof
including a device known as num-chuk sticks, or any
like device having the same or similar components or
- 16 -
parts, whether or not connected by a rope, chain or
other device, or any explosive or any poison or
injurious gas, or any other instrument or weapon
apparently capable of producing bodily harm, whether
said instrument or weapon is concealed or not.
Exceptions:
following:
The above shall not apply to or affect the
Any lawful act committed by a person while in his
fixed place of business.
Any person who by virtue of his office or public
employment is vested by law with a duty to preserve
public safety, maintain public order, or to make
arrests for offenses, whether during regular duty
hours or not.
Any person making or assisting in making a lawful
arrest for the commission of a felony.
Any area primarily designated for the service of
prepared foods and commonly referred to as a res-
taurant, whether alcoholic beverages are served or
not.
Warnings signs required: Signs, informing the public of
the prohibitions contained herein, shall be conspi-
cuously posted at all internal and external entrances to
any area wherein the carrying of said weapons or instru-
ments are prohibited.
Said signs shall be provided by the City to all affected
places of business, and shall bear the following
inscription:
"WARNING - WEAPONS PROHIBITED: It shall
be unlawful for any person, other than a
commissioned law enforcement officer, to
enter onto this premise while carrying any
Of the following weapons or instruments,
whether a license or per,nit to carry said
weapon is possessed or not, and whether
said weapon or instrument is concealed or
not: Rifle, shotgun, pistol, knife, sword,
dagger or any other cutting or stabbing
instrument, having a blade longer than
three inches (3"); or any razor with an
unguarded blade; or any explosive; or any
poison or injurious gas; or any sling
shot, taser, throwing star, bow, sand
club, blackjack, metal knuckles, stick,
chain, metal pipe, bar, club or combina-
- 17 -
tion thereof, including a device known as
"num-chuk" sticks, or any like device
having the same or similar components or
parts; or any weapon or instrument appa-
rently capable or producing bodily harm.
Winslow Municipal Code Section 9.01.040."
Upon conviction said weapon or instru~nent involved may
be confiscated by order of the presiding judge, and
shall thereafter be disposed of in accordance with
statutes or ordinances governing the disposal of confis-
cated or found property.
- 18 -
Chapter 9.20
Frauds, Swindles and False Representations
Sections:
9.20,010
9.20,020
Frauds and swindles prohibited
False representations prohibited
9.20,010 Frauds and swindles. The following statutes of the
state of Washington are adopted by reference:
RCW 9.45,040
RCW 9.45,060
RCW 9.45,062
RCW 9.45,070
RCW 9.45.080
RCW 9.45,090
RCW 9.45.100
RCW 9.45,120
RCW 9.45,150
RCW 9.45,180
RCW 9.45,190
RCW 9.45.240
RCW 9.45.250
RCW 9A.60,040
RCW 9A.60,050
Frauds on innkeeper
Encumbered, leased or rented personal
property
Failure to deliver leased personal property-
Requisites for presentation--Construction
Mock auctions
Fraudulent removal of property
Knowingly receiving fraudulent conveyance
Fraud in assignment for benefit of creditors
Using false weights and measures
Concealing foreign matter in merchandise
Fraud in operating coin-box telephone or
other receptacle
Penalty for manufacture or sale of slugs to
be used for coin
Fraud in obtaining telephone or telegraph
service
Fraud in obtaining cable television services
Criminal impersonation
False certification
9.20,020 False representations. The following statutes of the
state of Washington are adopted by reference:
RCW 9.38.010
RCW 9.38.020
False representation concerning credit
False representation concerning title
- 19 -
exist or shall hereafter be amended are hereby adopted by
reference:
RCW 10.99.020 Definitions
RCW 10.99.030 Law enforcement officers - Training, powers,
duties
RCW 10.99,040(1)(2)(4) Restrictions upon and duties of
court
RCW 10.99,045 Appearances by defendant - Orders prohibiting
contact
RCW 10.99.050 Restriction or prohibition of contact with
victim - Procedures
9.30,050 Custodial Interference. The following statute of the
State of Washington is hereby adopted by reference:
RCW 9A.40,070
RCW 9A.40.080
Custodial interference in the second degree
Custodial interference - Assessment of costs
- Defense - Consent defense, restricted
- 21 -
Chapter 9.30
Persons, Crimes Relating To
Sections:
9.30.010
9.30,020
9.30,030
9.30.040
9.30,050
Assault and other crimes involving physical harm
Placing a person in fear or apprehension by threat
Domestic violence
Violation of no contact orders
Custodial interference
9.30.010 Assault and other crimes involving physical harm.
following statutes of the state of Washington are adopted by
reference:
The
RCW 9A.36.040
RCW 9A.36,050
RCW 9A.36.070
RCW 9.61,230
RCW 9.61,240
RCW 9.61.250
Simple assault
Reckless endangerment
Coercion
Telephone calls to harass, intimidate,
torment or embarrass
Permitting telephone to be used
Offenses, where deemed committed
9.30,020
Placing a person in fear or apprehension by threat.
Every person who shall intentionally place or attempt to
place another person in reasonable fear or apprehension
of bodily harm by means of a threat shall be guilty of a
misdemeanor.
For purposes of this section, "threat" means to co~nuni-
cate, directly or indirectly, by act, word or deed,
whether written, spoken or otherwise communicated, the
intent to imminently:
Cause bodily injury to the person threatened or any
other person; or
Cause physical damage to the property of a person
other than the person making the threat; or
Subject the person threatened or any other person to
physical confinement or restraint.
9.30,030 Domestic violence: State statutes adopted by reference.
The following statutes of the state of Washington as the same
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Chapter 9.40
Property, Crimes Relating To
Sections:
9.40.010
9.40.020
9.40.030
9.40.040
9.40.050
Theft, UIBC and possession of stolen property
Malicious mischief and obscuring identity of
machine
Injury or destructio~ of property
Trespass and related crimes
Nuisance
9.40.010 Theft, UIBC and Possession of Stolen Property. The
following statutes of the state of Washington are adopted by
reference:
RCW 9A.56.010
RCW 9A.56.020
RCW 9A.56.050
RCW 9A.56.060
RCW 9A.56.140
RCW 9A.56.170
RCW 9.54.130
Definitions.
Theft--Definition, defense
Theft in third degree
(1)(2)(3)(5) Unlawful issuance of checks or
drafts
Possessing stolen property--Definition,
credit cards, presumption
Possessing stolen property in the third
degree
Restoration of stolen property--Duty of
officers
9.40.020 Malicious Mischief and obscuring identity of machines.
The following statutes of the State of Washington are adopted by
reference:
RCW 9A.48.090 Malicious mischief in the third degree
RCW 9A.48.100(1) Malicious mischief and physical damage
defined
RCW 9A.56.180 Obscuring identity of a machine
9.40.030 Injury or Destruction of Property. It is unlawful for
any person to wantonly destroy, cut, alter, remove, deface, mark
or write upon, or in any manner injure any window, fence, gate
bridge, dwelling, house, engine house, building, awning, railing
or any other property, public or private, not his own.
9.40.040 Trespass and related crimes. The following statutes of
the state of Washington are adopted by reference:
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RCW 9A.52.010
RCW 9A.52.060
RCW 9A.52.070
RCW 9A.52.080
RCW 9A.52.090
RCW 9A. 52. 100
RCW 9A.52.120
RCW 9A. 52.130
Definitions
Making or having burglary tools
Criminal trespass in the first degree
Criminal trespass in the second degree
Criminal trespass -- Defenses
Vehicle prowling
Computer trespass in the second degree
Computer trespass - Commission of other crime
9.40.050 Nuisance. The following statutes of the state of
Washington are adopted by reference:
RCW 9.66.010
RCW 9.66.020
RCW 9.66.030
RCW 9.66.040
RCW 9.66.050
Public nuisance
Unequal damage
Maintaining or permitting nuisance
Abatement of nuisance
Deposit of wholesome substance
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Chapter 9.50
Public Morals, Crimes Relating To
Sections:
9.50,010
9.50.020
Public indecency - Sex crimes
Obscenity
9.50,010 Public Indecency--Sex crimes. The following statutes
of the state of Washington are adopted by reference.
RCW 9A.88,010
RCW 9A.44,120
RCW 9A.44.010
RCW 9A.44,100
RCW 9A.88,030
RCW 9A.88,050
Public indecency
Admissibility of child's statement -
conditions
(1) sexual intercourse defined
(2) sexual contact defined
Prostitution
Prostitution - No defense
RCW 9A.88,090(1) Permitting prostitution
9.50,020 Obscenity. The following statutes of the state of
Washington are adopted by reference:
RCW 9.68,015
RCW 9.68,030
RCW 9.68,050
RCW 9.68,060
RCW 9.68.070
RCW 9.68,080
RCW 9.68.100
RCW 9.68,110
RCW 9.68.120
RCW 9.68,130
Obscene literatures, shows, etc., --
Exemptions
Indecent articles, etc.
"Erotic material"--Definitions
Determination by court--Labeling--
Penalties
Prosecution for violation of RCW 9.68.060--
Defense
Unlawful acts
Exceptions to provisions of RCW 9.68.050
through 9.68.120
Motion picture operator or projectionist
exempt, when
Provisions of RCW 9.68,050 through 9.68,120
exclusive
"Sexually explicit material"--Defined--
Unlawful display
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Chapter 9.60
Public Officers, Crimes Relating To
Sections:
9.60.010
9.60.020
9.60,030
Obstructing public officers
Obstructing justice, criminal assistance,
introducing contraband and related offenses
Escape
9.60.010 Obstructing Public Officers. It is unlawful for any
person to make any willfully untrue, misleading or exaggerated
statement, or to willfully hinder, delay or obstruct any public
officer in the discharge of his or her official powers or duties.
9.60.020 Obstructing justice, criminal assistance, introducing
contraband and related offenses. The following statutes of the
state of Washington are adopted by reference:
RCW 9.69.100 Withholding knowledge of felony involving
violence--Penalty
RCW 9A.76,010 Definitions
RCW 9A.76,030 Refusing to summon aid for a peace officer
RCW 9A.76,040 Resisting arrest
RCW 9A.76,050 Rendering criminal assistance--Definition of
terms
RCW 9A.76,060 Relative defined
RCW 9A.76.090 Rendering criminal assistance in the third
degree
RCW 9A.76,100 Compounding
RCW 9A.76.160 Introducing contraband in the third degree
RCW 9A.76,170(1)(2)(d) Bail jumping
RCW 9A.84,040 False reporting
9.60,030 Escape. The following statutes of the state of
Washington are adopted by reference:
RCW 9.31,090 Escape prisoner recaptured
RCW 9A.76,130 Escape in the third degree
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Chapter 9.70
Public Peace, Crimes Relating To
Sect ions:
9.70,010
9.70,020
9.70.030
9.70,040
9.70.050
Disorderly conduct
Riot, failure to disperse and obstruction
Privacy
Libel and slander
Malicious prosecution
9.70.010 Disorderly conduct.
conduct if he:
A person is guilty of disorderly
(a) Uses abusive language and thereby intentionally creates
a risk of assault; or
(b) Intentionally disrupts any lawful assembly or meeting of
persons without authority; or
(c) Intentionally obstructs vehicular or pedestrian traffic
without lawful authority; or
(d) Intentionally and without lawful authority makes noise
which unreasonably disturbs another; or
(e) Intentionally engages in any conduct which tends to or
does disturb the public peace, provoke disorder, or endanger the
safety of others.
9.70,020 Riot, failure to disperse and obstruction. The
following statutes of the state of Washington are adopted by
reference:
RCW 9A.84,010(1)(2)(b)
RCW 9A.84.020
RCW 9.27,015
Riot
Failure to disperse
Interference, obstruction of any
court, building or residence -
Violations
9.70,030 Privacy, violating right of. The following statutes of
the state of Washington are adopted by reference:
RCW 9.73,010
RCW 9.73,020
RCW 9.73,030
RCW 9.73,070
RCW 9.73,090
RCW 9.73,100
Divulging telegram
Opening sealed letter
Intercepting, recording or divulging private
communication--Consent required--Exceptions
Persons and activities excepted
Police and fire personnel exempted from RCW
9.73,030 - 9.73,080--Standards
Recordings available to defense counsel
- 26 -
9.70,040 Libel and slander. The following statutes of the state
of Washington are adopted by reference:
RCW 9.58,010
RCW 9.58,020
RCW 9.58,030
RCW 9.58,040
RCW 9.58,050
RCW 9.58.070
RCW 9.58,080
RCW 9.58,090
RCW 9.58,100
RCW 9.58,120
Libel, what constitutes
How justified or excused--Malice, when
presumed
Publication defined
Liability of editors and others
Report of proceedings privileged
Privileged communications
Furnishing libelous information
Threatening to publish libel
Slander of financial institution
Testimony necessary to convict
9.70.050 Malicious prosecution--Abuse of process. The following
statutes of the state of Washington are adopted by reference:
RCW 9.62,010
RCW 9.62.020
Malicious prosecution
Instituting suit in name of another
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Chapter 9.80
Miscellaneous Crimes
Sections:
9.80.010
9.80.020
9.80.030
Conduct prohibited
Pollution
United States and state flags
9.80.010 Conduct prohibited. The following statutes of the state
of Washington are adopted by reference:
RCW 9.91.010
RCW 9.91.020
RCW 9.91.025
RCW 9.91.110
RCW 9.03.010
RCW 9.03.020
RCW 9.03.030
RCW 9.03.040
Denial of civil rights--Terms defined
Operating railroad, steamboat, vehicle, etc.,
while intoxicated
Unlawful bus conduct
Meal buyers--Records of purchases--Penalty
Abandoning, discarding, refrigeration
equipment
Permitting unused equipment to remain on
premises
Violation of RCW 9.03.010 or 9.03.020
Keeping or storing equipment for sale
9.80.020 Pollution. The following statute of the state of
Washington are adopted by reference:
RCW 70.54.010 Polluting water supply
9.80.030 United States and state flags, crimes relating to.
following statutes of the state of Washington are adopted by
reference:
RCW 9.86.010
RCW 9.86.020
RCW 9.86.030
RCW 9.86.040
"Flag," etc., defined
Improper use of flag prohibited
Desecration of flag
Application of provisions
The
- 28 -
Chapter 9.90
Construction and Severability
Sections:
9.90.010
9.90.020
Construction
Severability
9.90.010 Construction. In adopting the foregoing state statutes
by reference, only those crimes and offenses within the jurisdic-
tion of a noncharter city are intended to be adopted and in those
sections adopted which deal with both misdemeanors and felonies,
only the language applicable to misdemeanors is to be applied.
9.90.020 Severability. If any section, sentence, clause or
phrase of this title should be held to be invalid or uncon-
stitutional by a court of competent jurisdiction, such invali-
dity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or
phrase of this title.
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