ORD 77-04 CRIMINAL CONDUCTAN ORDINANCE DEFINING CRIMINAL CONDUCT AND OTHER
OFFENSES, THE LIABILITY THEREFOR AND DEFENSES
THERETO, ENUMERATING SPECIFIC CRIMES AND VIOLA-
TIONS AND THE PUNISHMENT THEREFOR AND REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH.
The City Councils of the City of Poulsbo and Winslow do
ordain as follows:
PRELIMINARY ARTICLE
4.010.
captions.
Titl'e, effective date, application, severability,
(1) This ordinance shall be known as the Poulsbo - Winslow Crimin~
Code.
(2) This ordinance becomes effective as soon as adopted and
published as required by law. It applies to any offense committed
after that date.
(3) If any provision of this ordinance, or its application
to any person or circumstance is held invalid, the remainder of
the ordinance or the application of the provision to other persons
or circumstances is not affected, and to this end the provisions
of this ordinance are declared to be severable.
(4) Chapter section and subsection captions are for organi-
zational purposes only and shall not be construed as part of this
ordinance.
4.020. Purposes - Principles of Construction. RCW 9A.04.020
is adopted by reference.
4.030. City Jurisdiction.
(1) A person is subject to prosecution under the law of this
city for an offense committed by his own conduct or the conduct of
another for which he is legally accountable if:
(a) either conduct which is an element of the offense
or the result which is such an element occurs within the city;
or
(b) the offense consists of the omission to perform a
legal duty imposed by the law of this city with respect to
residence or a relationship to a person, thing or trans-
action in this city; or
(2) Subsection (1)(a) does not apply when causing a particular
result is an element of an offense and the result is caused by
conduct occurring outside the city which would not constitute an
offense if the result had occurred there, unless the actor knowingly
caused the result within this city.
4.040. Offenses are Misdemeanors.
(1) An offense defined by this ordinance is a misdemeanor
punishable by penalties of fine not exceeding $500.00 or imprisonment
for a term not exceeding six months, or both.
4.045.
reference.
Alternative to fine. RCW 9A.20.030 is adopted by
4.050. People capable of committing crimes. RCW 9A.04.050
is incorporated by reference.
4.100. Proof beyond a reasonable doubt.
(1) Every person charged with the commission of an offense is
presumed innocent until proven guilty. No person may be convicted
of an offense until each element of such offense is proven by com-
petent evidence beyond a reasonable doubt.
(2) Subsection (1) of this section does not require disproof
of an affirmative defense.
(3) A defense is affirmative, within the meaning of sub-
section (2) of this section, when it arises under a section of this
code which so provides.
(4) The burden is upon the defendant to establish an affirmative
defense by a preponderance of the evidence.
4.110. Definitions. RCW 9A.04.110 is adopted by reference.
CHAPTER 8
PRINCIPLES OF LIABILITY
8.010. General requirements of culpability. RCW 9A.08.010
is adopted by reference.
8.020. Liability for conduct of another - complicity.
RCW 9A.08.020 is adopted by reference.
CHAPTER 12
DEFENSES
12.010. Insanity. RCW 9A.12.010 is adopted by reference.
16.010. Other defenses. RCW 9A.16.010, 9A.16.020, 9A.16.060,
9A.16.070, 9A.16.080 and 9A.16.090 are adopted by reference.
28.020.
adopted by reference.
CHAPTER 28
ANTICIPATORY OFFENSES
Criminal attempt. RCW 9A.28.020(1) and (2) are
28.030. Criminal solicitation.
by reference.
28.040. Criminal conspiracy.
adopted by reference.
RCW 9A.28.030(1) is adopted
RCW 9A.28.040 (1) , (2) are
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OFFENSES AGAINST PERSONS
36.010. Assault. A person is guilty of assault when
(1) with intent to cause bodily injury to another person,
he causes bodily injury to any person; or
(2) he recklessly causes bodily injury to another person;
or
(3) with criminal negligence he causes bodily injury to
another person by means of a deadly weapon; or
(4) he intentionally makes physical contact of an insulting
or provocative nature with another person.
36.020. Menacing.
(1) A person is guilty of menacing when, by physical action
he intentionally places or attempts to place another person in fear
of imminent serious bodily injury or death.
(2) As used in this section "physical action" means an act
or action alone or an act accompanied by words but not words alone.
36.030. Harassment. A person is guilty of harassment if
with the intent to annoy or alarm another person he repeatedly uses
fighting words or obscene language, thereby creating a substantial
risk of an assault.
36.050. Reckless endangerment. RCW 9A.36.050(1) is adopted
by reference.
36.070.
reference.
Coercion. RCW 9A.36.070(1), (2) are adopted by
36.080 Obscene phone calls. RCW 9.61.230, 9.61.240,
9.61.250 are adopted by reference.
CHAPTER 48
PROPERTY DAMAGE
48.050.
reference.
Reckless burning. RCW 9A.48.050(1) is adopted by
48.090. Damage to property. A person is guilty of damage
to property if he intentionally damages the property of another.
It is an affirmative defense under this section that the actor
reasonably believed that he had a lawful right to damage such
property.
CHAPTER 52
BURGLARY AND' TRESPASS
52.060. Making or having burglary tools.
is adopted by reference.
RCW 9A.52.060
52.010. Criminal trespass.
(1) A person is guilty of criminal trespass if he knowingly
enters or remains unlawfully in or upon the premises of another.
(2) "Enter or remain unlawfully" means an unlicensed uninvited
or otherwise unprivileged entry into or remaining in or upon premises.
A person who, regardless of his intent, enters or remains in or
upon premises which are at the time open to the public does so with
license and privilege unless he defies alawful order not to enter
or remain, personally communicated to him by the owner of the premises
or some other authorized person. A license or privilege to enter
or remain in a public building which is only partly open to the public
is not a license or privilege to enter or remain in that part of the
building which is not open to the public.
(3) In any prosecution under this section it is an affirmative
defense that the actor reasonably believed that the owner of the
premises, or other person empowered to license access thereto, would
have licensed him to enter or remain.
52.100.
reference.
Vehicle Prowling. RCW 9A.52.100(1) is adopted by
CHAPTER 56
THEFT
56.010. Definitions. RCW 9A.56.010 is adopted by reference.
56.010. Theft.
(1) A person is guilty of theft if he commits theft of property
or services which does not exceed two hundred fifty dollars.
(2) "Theft" means
(a) To wrongfully obtain or exert unauthorized control
over the property or services of another or the value thereof,
with intent to deprive him of such property or services; or
(b) By color or aid of deception to obtain control
over the property or services of another or the value thereof,
with intent to deprive him of such property or services; or
(c) To appropriate lost or misdelivered property or
services of another, or the value thereof, with intent to
deprive him of such property or services.
(3) In any prosecution for theft, it is an affirmative
defense that the property or service was appropriated openly and
avowedly under a claim of title preferred in good faith, even
though the claim be untenable.
56.060. Unlawful issuance of checks or drafts. RCW 9A.56.
060(1) is adopted by reference.
56.170. Possessing stolen property. RCW 9A.56.170(1) is
adopted by reference.
56. 180. Obscuring identity of a machine. RCW 9A. 56. 180 (1) ,
(2) are adopted by reference.
56.190. Unauthorized use of motor vehicle. A person is guilty
of unauthorized use of a motor vehicle if
(1) knowing that he does not have the consent of the owner, he
takes, operates, or exercises control over a motor vehicle;
(2) knowing that a motor vehicle has been unlawfully obtained,
he rides in such vehicle or uses it for transportation purposes; or
(3) having custody of a motor vehicle pursuant to an agreement
between himself or another and the owner thereof whereby he or another
is to perform for compensation a specific service for the owner,
involving the maintenance, repair or use or storage of such vehicle,
he intentionally uses or operates the same, without the consent of the
owner, for his own purposes in a manner constituting a gross deviation
from the agreed purpose.
60.010.
60.040.
reference.
60.050.
reference.
CHAPTER 60
FRAUD
Definitions. RCW 9A.60.010 is adopted by reference.
Criminal impersonation. RCW 9A.60.040(1) is adopted by
False certification. RCW 9A.60.050(1) is adopted by
76.010.
76.020.
by reference.
76.030.
CHAPTER 76
OBSTRUCTING GOVERNMENTAL OPERATION
Definitions. RCW 9A.76.010 is adopted by reference.
ObStructing a public servant. RCW 9A.76.020 is adopted
Refusing to summon aid for a police officer. RCW
76.040.
reference.
9A.76.030(1) is adopted by reference.
Resisting arrest. RCW 9A.76.040(1) is adopted by
76.090. Rendering criminal assistance.
(1) RCW 9A.76.090(1) is adopted by reference.
(2) The definitions set out in RCW 9A.76.050 and RCW 9A.76.060
are adopted by reference for purposes of this section.
Escape. A person is guilty of escape if he escapes
76.130.
from custody.
76.170.
76.180.
Bail jumping. RCW 9A.76.170(1) is adopted by reference.
Failure to appear. A person is guilty of failure to
appear if he fails to appear in court after having given his written
promise to do so or after receiving a summons.
CHAFTER 84
PUBLIC DISTURBANCE
84.010. Riot. RCW 9A.84.010 is adopted by reference.
84.020.
reference.
Failure to disperse. RCW 9A.84.020 is adopted by
84.030. Disorderly Conduct. A person is guilty of dis-
orderly conduct if he
(1) Intentionally disrupts any lawful assembly or meeting
of persons without lawful authority;
(2) Intentionally obstructs vehicular or pedestrian traffic
without lawful authority;
(3) Intentionally engages in fighting or threatening behavior;
(4) Intentionally engages in conduct causing noise which is
of such a nature, in view of the time and place of the conduct,
as to unreasonably disturb others;
(5) Intentionally create a hazardous or physically offensive
condition by conduct which serves no legitimate purpose; or
(6) Knowingly permits the conduct referred to in this
section upon any premises owned or possessed by him or under his
control.
84.040. False reporting.
(1) RCW 9A.84.040(1) is adopted by reference.
(2) 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 subsection.
88.010.
reference.
88.030.
reference.
CHAPTER 88
PUBLIC INDECENCY
Publi'c Indecency. RCW 9A.88.010(1) is adopted by
Prostitution.
88.050. Prostitution:
adopted by reference.
RCW 9A.88.030(1) is adopted by
No defense. RCW 9A.88.050 is
88.090. Permitting prostitution.
adopted by reference.
RCW 9A. 88. 090 (1) is
CHAPTER 90
WEAPONS
90,010 Carrying firearms.
(1) A person is guilty of carrying firearms if he carries
any firearm
(a) in any vehicle unless the firearm is unloaded; or
(b) concealed on his person except in his place of
residence or fixed place of business.
(2) It shall be an affirmative defense to a charge based
upon subsection (1)(b) that such person had a valid license issued
and pursuant to RCW 9.41. This Section shall not apply to police
officers while on duty. "Unloaded" means having no cartriges in
either the chamber or in a magazine which is in or partially in the
firearm.
90.020. Possession of dangerous weapons. No person shall
buy, sell, or have in his possession:
(1) brass or metal knuckles;
(2) sand-club;
(3) switchblade;
(4) any knife which opens or is capable of being opened by
gravity or centrifugal force;
(5) any instrument capable of spraying or shooting tear gas
or other debilitating gas, including mace.
(6) karate sticks.
90.030. Discharging firearms. No person shall intentionally
or recklessly discharge any firearm unless he is lawfully engaging
in self defense or lawfully making or attempting to make an arrest.
90.040. Discharging air guns or bows and arrows. No person
shall shoot or discharge any air gun, bow and arrow, crossbow or
slingshot recklessly or with the intent to do bodily injury to
another or to damage or destroy property.
90.050. Confiscation of weapons. Upon the conviction of
any person for any weapons violation under this chapter, the Judge
of the Municipal Court may order the weapon confiscated by the
Chief of Police to be disposed of inthe manner provided by law.
CHAPTER 92
PUBLIC HEALTH AND SAFETY
92.010. Poisons. No person shall lay out or expose any
kind of poison which may cause serious injury or death to humans
or animals either on the property of another or on that person's
own property in an unenclosed or poorly enclosed place.
92.020. Abandoned refrigerators. RCW 9.03,010, 9.03,020,
9.03.030 and 9.03.040 are adopted by reference.
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92.030. Littering. RCW 70.93,060 is adopted by reference.
CHAPTER 94
DRUGS
94,010. Possession or delivery of controlled substance.
(1) A person is guilty of possession or delivery of a con-
trolled substance when he knowingly possesses or delivers to
another a substance which is a "controlled substance" according to
the schedules provided for in RCW 69.50.204, 69.50,206, 69.50,208,
69.50.210 or 69.50.212 as amended by the legislature or as
modified by the state board of pharmacy pursuant to RCW 69.50.201.
(2) It is an affirmative defense that the substance was
obtained directly from, or pursuant to, a valid prescription of a
licensed medical doctor or dentist while acting in the course of
his professional practice.
94.020. Minor possession.
(1) A person is guilty of minor possession if he is under the
age of twenty-one years and he possesses liquor.
(2) It is an affirmative defense that the liquor was given
to the minor by his parent or legal guardian.
94.030. Minor consumption.
(1) A person is guilty of minor consumption if he is under the
age of twenty-one years and he consumes liquor.
(2) It is an affirmative defense that the liquor was given
to the minor by his parent or legal guardian.
94.040. Minor purchasing or attempting to purchase liquor.
A person is guilty of purchasing or attempting to purchase liquor
if he is under the age of twenty-one and he purchases or attempts
to purchase liquor. A minor representing his age to be twenty-one
or more to any seller of liquor is prima facie evidence of a
violation of this section.
94.050. Delivering liquor to a minor.
(1) A person is guilty of delivering liquor to a minor if he
delivers liquor to a person under the age of twenty-one years,
whether by gift or sale.
(2) It is an affirmative defense that the person delivering
the liquor to the minor
(a) is the minor's parent or legal guardian; or
(b) reasonably believed that the minor was not under
the age of twenty-one years.
94,060. Minor frequenting tavern. A person is guilty of
minor frequenting tavern if he is under the age of twenty-one years
and enters or remains on the premises of any tavern.
94.070. Allowing Minor in Tavern.
(1) A person is guilty of allowing a minor in a tavern if he is
the owner or operator of a tavern and a minor enters or remains in
the tavern.
(2) It is an affirmative defense that the owner or operator
reasonably believed that the minor was not under the age of twenty-one
years.
94.080. Delivering identification to minor.
(1) A person is guilty of delivering identification to a minor
if he transfers in any manner an identification of age knowing that
the transferee expects to use the identification to obtain liquor.
(2) It is an affirmative defense that the minor obtained the
identification without the knowledge or consent of the person charged
with delivering identification to a minor.
94,090. Liquor defined. For purposes of this chapter, "liquor"
means ethyl alcohol, and any spirits, wine, beer or other beverage
containing at least one-half of one per cent of alcohol by volume.
94.100. Glue sniffing. RCW 9.47A.010, 9.47A.020, 9.47A.030,
9.47A.040 are adopted by reference.
CHAPTER 98
PROCEDURE
98.010.
warrant when
Arrest. A police officer may arrest a person without a
(a) he has informtion to support a reasonable belief that
such person has committed a felony; or
(b) he has information to support a reasonable belief that
such person has committed or is committing a misdemeanor in-
volving physical harm or threats of harm to any person or property
or the unlawful taking of property or involving the use or
possession of cannabis, Provided, that nothing in this subsection
(1)(b) shall extend the powers of arrest proscribed in chapter 46
RCW;
(c) he has information to support a reasonable belief that
such person has committed a misdemeanor in his presence;
(d) he is investigating at the scene of a motor vehicle
accident and he has probable cause to believe that the driver has
committed in connection with the accident a violation of the
traffic laws or ordinance; or
(e) he is otherwise permitted to arrest under applicable
law.
98.020. Citations.
(1) Whenever a person is arrested, the arresting officer or any
other authorized peace officer may serve upon the arrested person a
citation and notice to appear in municipal court, in lieu of continued
custody, as provided by the Rules of the Courts of Limited Juris-
diction. In determining whether to issue a citation and notice to
appear, a police officer may consider the following factors:
(a) whether the person has identified himself satis-
factorily;
(b) whether detention appears reasonably necessary to
prevent imminent bodily harm to himself or to another, injury
to property, or breach of the peace;
(c) whether the person has ties to the community
reasonably sufficient to assure his appearance or whether
there is substantial likelihood that he will refuse to
respond to the citation, and
(d) whether the person previously has failed to appear
in response to a citation pursuant to this section or to other
lawful process.
(2) If a person violates his promise to appear in court a
warrant may be issued for his arrest and bail may be set.
CHAPTER 99
99.010. Repealer. Poulsbo ordinance #377 and Winslow
ordinance #74-4 are hereby repealed.
PASSED BY the City Council of the City of Poulsbo this
day of ~3 ~( , 1977.
PASSED BY the City Council of the City of Winslow this
day of ~c ~ , 1977.
ATTEST:
CITY OF POULSBO
Mayor
' ~ i, , cKissonj~f
Of Beresford, Booth, L M It
& Baronsky, City Attorneys
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