Blaine Municipal Code

Title 9
PUBLIC PEACE, MORALS AND WELFARE

Chapters:

9.04 General Provisions – Violations

9.08 Offenses by or against Public Officers and Government

9.12 Offenses against the Person

9.16 Offenses against Public Decency

9.18 Pedestrian Influence

9.20 Offenses against the Public Peace

9.24 Offenses against Property

9.28 Offenses by and against Minors

9.32 Weapons

9.36 Tobacco

9.38 Shellfish Regulations

Chapter 9.04
GENERAL PROVISIONS – VIOLATIONS

Sections:

9.04.010 Title – Effective date.

9.04.020 Definitions.

9.04.030 Jurisdiction.

9.04.040 Culpability of children.

9.04.050 Common law to supplement.

9.04.060 Degree of proof.

9.04.070 Immunity of citizens aiding public officers.

9.04.080 Omission performed by another.

9.04.090 Offenses involving letters.

9.04.100 Prosecution costs to be paid.

9.04.110 Probation violations – Arrest.

9.04.120 Requirements and kinds of culpability.

9.04.130 Guilt by conduct of another – Complicity.

9.04.140 Lawful use of force.

9.04.150 Duress.

9.04.160 Entrapment.

9.04.170 Detainment for shoplifting investigation – Defense to actions.

9.04.180 Intoxication as defense.

9.04.190 Restitution in lieu of fine.

9.04.191 Payment of fines.

9.04.200 Defense of city officers – Policy of city.

9.04.210 Defense of city officers – Findings required.

9.04.220 Copies of police records.

9.04.221 Nonappearance in court.

9.04.230 Misdemeanors – Classes – Penalties.

9.04.240 Community service and canine program fund assessment.

9.04.260 Punishment consistent with state law.

9.04.010 Title – Effective date.

A. The ordinance codified in this title shall be known and may be cited as the “Blaine criminal code,” and shall become effective on April 7, 1980.

B. The provisions of this title shall apply to any offense committed on or after April 7, 1980, which is defined in this title or the general statutes, unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense.

C. The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of the ordinance codified in this title, 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 the ordinance codified in this title had not been enacted. (Ord. 1558 § 1, 1980; prior code § 6.01.010)

9.04.020 Definitions.

In this title, unless a different meaning plainly is required:

A. “Acted” includes, where relevant, “omitted to act.”

B. “Actor” includes, where relevant, a person failing to act.

C. “Benefit” means any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary.

D. “Bodily injury” or “physical injury” means physical pain, illness or an impairment of physical condition.

E. “Building,” in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building.

F. “Deadly weapon” means any explosive or loaded or unloaded firearm, and includes any other weapon, device, instrument, article or substance, including a “vehicle” as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious bodily injury.

G. “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging.

H. “Government” includes any branch, subdivision or agency of the government of this state and any county, city, district or other local governmental unit.

I. “Governmental function” includes any activity which a public servant is legally authorized or permitted to undertake on behalf of a government.

J. “Indicted” and “indictment” include “informed against” and “information,” and “informed against” and “information” include “indicted” and “indictment.”

K. “Judge” includes every judicial officer authorized, alone or with others, to hold or preside over a court.

L. “Malice” and “maliciously” import an evil intent, wish or design to vex, annoy or injure another person. “Malice” may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.

M. “Officer” and “public officer” mean a person holding office under a city, county or state government, or the federal government, who performs a public function and in so doing is vested with the exercise of some sovereign power of government, and includes all assistants, deputies, clerks and employees of any public officer and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer.

N. “Omission” means a failure to act.

O. “Peace officer” means a duly appointed city, county or state law-enforcement officer.

P. “Pecuniary benefit” means any gain or advantage in the form of money, property, commercial interest or anything else the primary significance of which is economic gain.

Q. “Person,” “he” and “actor” include any natural person and, where relevant, a corporation, joint stock association, or an unincorporated association.

R. “Place of work” includes but is not limited to all the lands and other real property of a farm or ranch in the case of an actor who owns, operates or is employed to work on such a farm or ranch.

S. “Prison” means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including but not limited to any state correctional institution or any county or city jail.

T. “Prisoner” includes any person held in custody under process of law, or under lawful arrest.

U. “Property” means anything of value, whether tangible or intangible, real or personal.

V. “Public servant” means any person other than a witness who presently occupies the position of or has been elected, appointed or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant or otherwise in performing a governmental function.

W. “Signature” includes any memorandum, mark or sign made with indent to authenticate any instrument or writing, or the subscription of any person thereto.

X. “Threaten” means to communicate, directly or indirectly, the intent to:

1. Cause bodily injury in the future to the person threatened or to any other person; or

2. Cause physical damage to the property of a person other than the actor; or

3. Subject the person threatened or any other person to physical confinement or restraint; or

4. Accuse any person of a crime or cause criminal charges to be instituted against any person; or

5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule; or

6. Reveal any information sought to be concealed by the person threatened; or

7. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

8. Take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or

9. Bring about or continue a strike, boycott or similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

10. Do any other act which is intended to harm substantially the person threatened or another with respect to his health, safety, business, financial condition or personal relationships.

Z. “Vehicle” means a “motor vehicle” as defined in the vehicle and traffic laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail. (Ord. 1558 § 1, 1980; prior code § 6.01.060)

9.04.030 Jurisdiction.

The following persons are liable to punishment:

A. A person who commits within this jurisdiction any crime, in whole or in part;

B. A person who commits out of this jurisdiction any act which, if committed within it, would be theft, and is afterward found in this jurisdiction with any of the stolen property;

C. A person who, being out of this jurisdiction, counsels, causes, procures, aids or abets another to commit a crime in this jurisdiction;

D. A person who, being out of this jurisdiction, abducts or kidnaps by force or fraud any person, contrary to the laws of the place where the act is committed, and brings, sends or conveys such person into this jurisdiction;

E. A person who commits an act without this jurisdiction which affects persons or property within this jurisdiction, would be a crime. (Ord. 1558 § 1, 1980; prior code § 6.01.020)

9.04.040 Culpability of children.

A. Children under the age of eight years are incapable of committing crime. Children of eight and under 12 years of age are presumed to be incapable of committing crime, but this presumption may be resolved by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.

B. Whenever in legal proceedings it becomes necessary to determine the age of a child, he may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct his examination by one or more physicians, whose opinion shall be competent evidence upon the question of his age. (Ord. 1558 § 1, 1980; prior code § 6.01.030)

9.04.050 Common law to supplement.

The provisions of common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the constitution and statutes of this state, shall supplement all penal statutes, of this state and all persons offending against the same shall be tried in the courts of this state having jurisdiction of the offense. (Ord. 1558 § 1, 1980; prior code § 6.01.040)

9.04.060 Degree of proof.

A. Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved by competent evidence beyond a reasonable doubt.

B. When a crime has been proven against a person, and there exists reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the lowest degree. (Ord. 1558 § 1, 1980; prior code § 6.01.050)

9.04.070 Immunity of citizens aiding public officers.

Private citizens aiding a police officer, or other officer of the law, in the performance of their duties as police officers or officers of the law, shall have the same civil and criminal immunity as such officer, as a result of any act or omission for aiding or attempting to aid a police officer or other officer of the law, when such officer is in imminent danger of loss of life or grave bodily injury or when such officer requests such assistance and when such action was taken under emergency conditions and in good faith. (Ord. 1558 § 1, 1980; prior code § 6.01.070)

9.04.080 Omission performed by another.

No person shall be punished for an omission to perform an act when such act has been performed by another acting in his behalf, and competent to perform it. (Ord. 1558 § 1, 1980; prior code § 6.01.080)

9.04.090 Offenses involving letters.

Whenever any statute makes the sending of a letter criminal, the offense shall be deemed complete from the time it is deposited in any post office or other place, or delivered to any person, with intent that it shall be forwarded, and the sender may be proceeded against in the city wherein it was so deposited or delivered, or in which it was received by the person to whom it was addressed. (Ord. 1558 § 1, 1980; prior code § 6.01.090)

9.04.100 Prosecution costs to be paid.

Whenever anyone is convicted of an offense under any section of this penal code, or section of any other city ordinance, in addition to the fine imposed, he must pay the costs of prosecution. In default of such payment, he shall be imprisoned until such fine is paid or worked out on the basis of $8.00 per each day of imprisonment. (Ord. 1558 § 1, 1980; prior code § 6.01.100)

9.04.110 Probation violations – Arrest.

Whenever a duly commissioned police officer of the police department has probable cause to believe that a probationer, prior to the termination of the period of his probation, is, in such officer’s presence, violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, such officer shall cause the probationer to be brought before the court wherein sentence was deferred or suspended, and for such purpose the police officer may arrest the probationer without warrant or other process. (Ord. 1558 § 1, 1980; prior code § 6.01.110)

9.04.120 Requirements and kinds of culpability.

A. Kinds of culpability defined:

1. Intent. A person acts with “intent” or “intentionally” when he acts with the objective or purpose to accomplish a result which constitutes a crime.

2. Knowledge. A person “knows” or acts “knowingly” or “with knowledge” when:

a. He is aware of a fact, facts or circumstances or results described by a statute defining an offense; or

b. He has information which would lead a reasonable man in the same situation to believe that facts exist which facts are described by a statute defining an offense.

3. Recklessness. A person is “reckless” or acts “recklessly” when he knows of and disregards a substantial risk that a wrongful act may occur and his disregard of such substantial risk is a gross deviation from conduct that a reasonable man would exercise in the same situation.

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

B. Substitutes for criminal negligence, recklessness and knowledge: When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.

C. Culpability as determinant of grade of offense: When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, recklessly or with criminal negligence, its grade of degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.

D. Requirement of willfulness satisfied by acting knowingly: A requirement that an offense be committed willfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears. (Ord. 1558 § 1, 1980; prior code § 6.01.130)

9.04.130 Guilt by conduct of another – Complicity.

A. A person is guilty of a crime if it is committed by the conduct of another person for which he is legally accountable.

B. A person is legally accountable for the conduct of another person when:

1. Acting with the kind of culpability that is sufficient for the commission of the crime, he causes an innocent or irresponsible person to engage in such conduct; or

2. He is made accountable for the conduct of such other person by this title or by the law defining the crime; or

3. A person is an accomplice of another person in the commission of the crime.

C. A person is an accomplice of another person in the commission of a crime if:

1. With knowledge that it will promote or facilitate the commission of the crime, he:

a. Solicits, commands, encourages or requests such other person to commit it, or

b. Aids or agrees to aid such other person in planning or committing it; or

2. His conduct is expressly declared by law to establish his complicity.

D. A person who is legally incapable of committing a particular crime himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.

E. Unless otherwise provided by this title or by the law defining the crime, a person is not an accomplice in a crime committed by another person if:

1. He is a victim of that crime; or

2. He terminates his complicity prior to the commission of the crime and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime.

F. A person legally accountable for the conduct of another person may be convicted on proof of the commission of the crime and of his complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted. (Ord. 1558 § 1, 1980; prior code § 6.01.140)

9.04.140 Lawful use of force.

A. In this chapter, unless a different meaning is plainly required, “necessary” means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

B. The use, attempt or offer to use force upon or toward the person of another is not unlawful in the following cases:

1. Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting him and acting under his direction;

2. Whenever 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;

3. 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 either malicious interference with real or personal property lawfully in his possession, in case the force is not more than is necessary;

4. Whenever used in a reasonable and moderate manner by a parent or his authorized agent, a guardian, a master or teacher in the exercise of lawful authority, to restrain or correct his child, ward, apprentice or scholar;

5. Whenever used by a carrier of passengers or his authorized agent or servant, or other person assisting them at their 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;

6. Whenever used by any person to prevent a mentally retarded person or a 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 is necessary to obtain legal authority for the restraint or custody of his person. (Ord. 1558 § 1, 1980; prior code § 6.01.190)

9.04.150 Duress.

A. In any prosecution for a crime, it is a defense that:

1. The actor participated in the crime under compulsion by another who, by threat or use of force, created an apprehension in the mind of the actor that in case of refusal he or another would be liable to immediate death or immediate grievous bodily injury; and

2. That such apprehension was reasonable upon the part of the actor; and

3. That the actor would not have participated in the crime except for the duress involved.

B. The defense of duress is not available if the actor intentionally or recklessly places himself in a situation in which it is probable that he will be subject to duress.

C. The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse. (Ord. 1558 § 1, 1980; prior code § 6.01.200)

9.04.160 Entrapment.

A. In any prosecution for a crime, it is a defense that:

1. The criminal design originated in the mind of law enforcement officials, or any person acting under their direction; and

2. The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit.

B. The defense of entrapment is not established by a showing, only, that law enforcement officials merely afforded the actor an opportunity to commit a crime. (Ord. 1558 § 1, 1980; prior code § 6.01.150)

9.04.170 Detainment for shoplifting investigation – Defense to actions.

A. In any criminal actions brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner’s authorized employee or agent, and that such peace officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft or shoplifting on such premises of such merchandise.

B. As used in this section:

1. “Reasonable grounds” shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment; and

2. “A reasonable time” means the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise. (Ord. 1558 § 1, 1980; prior code § 6.01.160)

9.04.180 Intoxication as defense.

No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his intoxication may be taken into consideration in determining such mental state. (Ord. 1558 § 1, 1980; prior code § 6.01.170)

9.04.190 Restitution in lieu of fine.

A. If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under BMC 9.04.230, may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain or victim’s loss from the commission of a crime. Such amount may be used to provide restitution to the victim at the order of the court. In such case, the court shall make a finding as to the amount of the defendant’s gain or victim’s loss from the crime, and if the record does not contain sufficient evidence to support such finding the court may conduct a hearing upon the issue.

B. For the purposes of this section, “gain” or “loss” refer to the amount of money or the value of property or services gained or lost.

C. Notwithstanding any other provision of law, this section also applies to any corporation or joint stock association found guilty of any crime. (Ord. 1558 § 1, 1980; prior code § 6.01.1180)

9.04.191 Payment of fines.

When a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence the fine or costs shall be payable forthwith.

A. When a defendant sentenced to pay a fine or costs defaults in the payment thereof or of any installment, the court on motion of the prosecuting attorney or upon its own motion may require him to show cause why his default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for his appearance.

B. Unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or a failure on his part to make a good-faith effort to make the payment, the court may find that his default constitutes contempt and may order him committed until the fine or costs, or a specified part thereof, is paid.

C. When a fine or assessment of costs is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to  pay the fine or costs from those assets, and his failure to do so may be held to be contempt unless he makes the showing required in subsection B of this section.

D. The term of imprisonment for contempt for nonpayment of a fine or costs shall be set forth in the commitment order, and shall not exceed one day for each $25.00 of the fine or costs, 30 days if the fine or assessment of costs was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of a fine or costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.

E. If it appears to the satisfaction of the court that the default in the payment of a fine or costs is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment or revoking the fine or costs or the unpaid portion thereof in whole or in part.

F. A default in the payment of a fine or costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of a fine or costs shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or costs has actually been collected. (Ord. 1729 § 1, 1984)

9.04.200 Defense of city officers – Policy of city.

It is the public policy of the city under its police power to provide legal defense and make payment therefor from city funds to defend the acts of its officers in any civil action brought against them for a cause arising out of the performance of their official duties. (Ord. 1558 § 1, 1980; prior code § 6.01.260)

9.04.210 Defense of city officers – Findings required.

Prior to the authorization of employment of any such legal defense, as contemplated in BMC 9.04.200, the city council, in regular session assembled, must find:

A. That the officer was acting in a matter in which the corporation had an interest;

B. That the officer was acting in discharge of a duty imposed or authorized by law; and

C. The officer acted in good faith. (Ord. 1558 § 1, 1980; prior code § 6.01.270)

9.04.220 Copies of police records.

The chief of police shall have the power and it shall be his duty upon request and payment of the fee as provided herein to furnish certified copies of any records of the department, except those covered under the Security and Privacy Act. The chief of police shall charge and collect therefor the actual cost to the department and a minimum of $2.00. Any funds accruing to the chief of police under this section shall be given to the city treasurer and by him deposited into the current expense fund of the city. (Ord. 1558 § 1, 1980; prior code § 6.01.300)

9.04.221 Nonappearance in court.

Any person willfully violating his written and signed promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested; provided, that a written promise to appear in court may be complied with by an appearance by counsel. (Ord. 1727 § 1, 1984)

9.04.230 Misdemeanors – Classes – Penalties.

A. Except as specifically provided in this title, there shall be three classes of misdemeanors:

1. Gross Misdemeanor. Every crime previously classified in the Blaine Municipal Code as a Class A misdemeanor shall be deemed a gross misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for a maximum term, fixed by the court, of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

2. Misdemeanor. Every crime previously classified in the Blaine Municipal Code as a Class B misdemeanor shall be deemed a misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for a maximum term, fixed by the court, of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

3. Class C Misdemeanor. Every crime previously classified in the Blaine Municipal Code as a Class C misdemeanor shall retain that classification. Class C misdemeanors shall be punished by a fine of not more than $1,000 only.

B. Unless otherwise provided, all offense in the Blaine Municipal Code shall be misdemeanors. (Ord. 2355 § 1, 1998; Ord. 1728 § 1, 1984; Ord. 1558 § 1, 1980; prior code § 6.01.120)

9.04.240 Community service and canine program fund assessment.

In any case where an accused has been convicted in Blaine municipal court of any drug and/or alcohol related crime, there shall be, in addition to any fine levied, an assessment in an amount no greater than $100.00 per conviction, which shall be nonsuspendable, which shall be paid into the community service and canine program fund. The fact that this penalty is imposed on each conviction shall not in any way reduce the obligation of the accused to pay the fine prescribed by ordinance and/or the court for the crime to which the conviction applies; provided, however, that total monetary penalties shall not exceed the maximum fine allowed by the Revised Code of Washington. (Ord. 2514 § 1, 2002; Ord. 2034 § 1, 1991)

9.04.260 Punishment consistent with state law.

Notwithstanding the punishment prescribed in this code for any violation thereof, the punishment for any offense in this code shall be the same as the punishment provided in state law for the same crime. (Ord. 2134 § 1, 1993)

Chapter 9.08
OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT*

Sections:

9.08.010 Definitions.

9.08.020 Interfering with a public officer.

9.08.030 Misleading or obstructing a public officer.

9.08.040 Resisting a public officer.

9.08.050 Neglect or refusal to aid a public officer.

9.08.060 Taking property from a public officer.

9.08.070 Demonstration to impede the administration of justice.

9.08.080 Official misconduct.

9.08.090 Rendering criminal assistance.

9.08.100 Attempting to commit a crime.

9.08.110 Criminal conspiracy.

9.08.120 Contempt of court.

9.08.130 Criminal solicitation.

9.08.140 Escape.

9.08.150 Bail jumping.

9.08.160 Recapture of escaped prisoner.

9.08.170 Obstruction of extinguishment of fire.

9.08.180 Driving across fire hose.

9.08.190 Unlawful connection of alarm systems.

9.08.200 Malicious prosecution.

9.08.210 Violation of restraining order.

9.08.220 Compounding.

9.08.230 Repealed.

9.08.240 Flag – Definitions.

9.08.250 Flag – Improper use.

9.08.260 Flag – Desecration.

9.08.270 Flag – Exemptions from prohibitions.

9.08.280 False swearing.

9.08.290 Tampering with physical evidence.

* For provisions on impersonating a public officer, see BMC 9.24.150.

9.08.010 Definitions.

As used in this chapter:

A. “Official detention” means:

1. Restraint pursuant to a lawful arrest; or

2. Lawful confinement in the city or county jail; or

3. Custody for purposes incident to the foregoing, including but not necessarily limited to:

a. Transportation, or

b. Medical diagnosis or treatment, or

c. Court appearances, or

d. Court orders.

B. “Suspected violator” means any person who has violated or is suspected of violating the law, or who is the subject of a valid arrest warrant. (Ord. 1558 § 1, 1980; prior code § 6.07.010)

9.08.020 Interfering with a public officer.

A person is guilty of interfering with a public officer if he:

A. Prevents, hinders or delays the apprehension or prosecution of a suspected violator who the person knows or has probable cause to suspect:

1. Has committed a crime, or

2. Is being sought by law enforcement officials for the commission of a crime, or

3. Has escaped from official detention; or

B. Harbors or conceals a suspected violator; or

C. Warns a suspected violator of impending discovery or apprehension; or

D. Provides a suspected violator with money or transportation, disguise or other means of avoiding discovery or apprehension; or

E. Conceals, alters or destroys any physical evidence that might aid in the discovery or apprehension of a suspected violator. (Ord. 1558 § 1, 1980; prior code § 6.07.020)

9.08.030 Misleading or obstructing a public officer.

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 official powers or duties. (Ord. 1558 § 1, 1980; prior code § 6.07.030)

9.08.040 Resisting a public officer.

It is unlawful for any person to willfully resist a public officer in discharging or attempting to discharge any legal duty of his office. Resisting a public officer is a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.07.040)

9.08.050 Neglect or refusal to aid a public officer.

It is unlawful for any person to willfully neglect or refuse to aid a public officer:

A. In executing any lawful process; or

B. In retaking any person who has escaped from lawful custody; or

C. In making a lawful arrest where such person has been commanded to do so by a magistrate, police officer or public officer. (Ord. 1558 § 1, 1980; prior code § 6.07.050)

9.08.060 Taking property from a public officer.

It is unlawful for any person to take from the custody of any public officer any personal property in his charge or entrusted to him or to willfully injure or destroy such property. (Ord. 1558 § 1, 1980; prior code § 6.07.060)

9.08.070 Demonstration to impede the administration of justice.

A. Whoever, interfering with, obstructing or impeding the administration of justice, pickets or parades in or near a building housing a court of the state or any political subdivision thereof, or in or near a building or residence occupied or used by such judge, juror, witness or court officer, or uses any sound truck or similar device or resorts to any other demonstration in or near any such building or residence, is guilty of a Class C misdemeanor.

B. Nothing in this section shall interfere with or prevent the exercise by any court of the state or any political subdivision thereof of its power to punish for contempt. (Ord. 1558 § 1, 1980; prior code § 6.07.250)

9.08.080 Official misconduct.

A. A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:

1. He intentionally commits an unauthorized act under color of law; or

2. He intentionally refrains from performing a duty imposed upon him by law.

B. Official misconduct is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.07.230)

9.08.090 Rendering criminal assistance.

A. A person is guilty of rendering criminal assistance if he renders assistance to a person who has committed a crime.

B. Rendering criminal assistance is a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.07.080)

9.08.100 Attempting to commit a crime.

A. A person is guilty of an attempt to commit crime if, with intent to commit a specific crime, he does any act which is a substantial step toward the commission of that crime.

B. If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.

C. An attempt to commit a crime is a:

1. Class A misdemeanor when the crime attempted is a Class C felony;

2. Class B misdemeanor when the crime attempted is a gross misdemeanor;

3. Class B misdemeanor when the crime attempted is a misdemeanor. (Ord. 1728 § 2, 1984; Ord. 1558 § 1, 1980; prior code § 6.01.210)

9.08.110 Criminal conspiracy.

A. A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

B. It is not a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:

1. Has been acquitted; or

2. Lacked the capacity to commit an offense. (Ord. 1558 § 1, 1980; prior code § 6.01.230)

9.08.120 Contempt of court.

A. Every person who commits a contempt of court of any one of the following kinds is guilty of a misdemeanor:

1. Disorderly, contemptuous or insolent behavior committed during the sitting of the court, in its immediate view and presence, and directly tending to, interrupt its proceedings or to impair the respect due to its authority; or

2. Behavior of like character in the presence of a referee, while actually engaged in a trial or hearing pursuant to an order of court, or in the presence of a jury while actually sitting in the trial of a cause of upon an inquest or other proceeding authorized by law; or

3. Breach of the peace, noise or other disturbance directly tending to interrupt the proceedings of a court, jury or referee; or

4. Willful disobedience to the lawful process or mandate of a court; or

5. Resistance, willfully offered, to its lawful process or mandate; or

6. Contumacious and unlawful refusal to be sworn as a witness or, after being sworn, to answer any legal and proper interrogatory; or

7. Publication of a false or grossly inaccurate report of its proceedings; or

8. Assuming to be an attorney or officer of a court or acting as such without authority;

9. Failure to respond to a lawfully served subpoena or summons:

a. To appear and give testimony, or

b. To produce documents before the court, or

c. To appear for jury duty in any case arising under this title.

B. The violation of criminal contempt is a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.01.240)

9.08.130 Criminal solicitation.

A. A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he offers to give or gives money or other thing of value to another to engage in specific conduct which would constitute such crime or which would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed.

B. Criminal solicitation shall be punished in the same manner as criminal attempt under BMC 9.08.100. (Ord. 1558 § 1, 1980; prior code § 6.01.220)

9.08.140 Escape.

A. A person is guilty of escape if, without lawful authority, he intentionally removes himself from official detention or fails to return to official detention following temporary leave granted for a specified purpose of limited period.

B. Escape is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.07.070)

9.08.150 Bail jumping.

A. Any person who has been released by court order or admitted to bail with the requirement of a subsequent personal appearance before the court of this jurisdiction, and who knowingly fails without lawful excuse to appear as required, is guilty of bail jumping. Unless otherwise established, the failure to appear when required shall be inferred to have been without lawful excuse.

B. Bail jumping is a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.07.090)

9.08.160 Recapture of escaped prisoner.

Every person in custody, under sentence of imprisonment for any crime, who escapes from custody, may be recaptured and imprisoned for a term equal to the unexpired portion of the original term. (Ord. 1558 § 1, 1980; prior code § 6.07.100)

9.08.170 Obstruction of extinguishment of fire.

A. It is unlawful for any person:

1. To cut, injure, destroy or obstruct any engine, hose or other fire apparatus; or

2. To disobey the lawful orders of a public officer at the scene of a fire; or

3. To otherwise prevent or obstruct the extinguishment of any fire.

B. Obstruction of extinguishment of fire is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.07.120)

9.08.180 Driving across fire hose.

It is unlawful for any person to drive or propel any vehicle upon or across any fire hose when in use by any department, officer or employee of the city, including the fire department. (Ord. 1558 § 1, 1980; prior code § 6.01.290)

9.08.190 Unlawful connection of alarm systems.

It is unlawful for any person having or conducting a privately owned police signal system or private alarm system to establish or maintain direct electrical, mechanical or other physical connection with any facilities of the police department, except that any central station monitoring system or electronic security system or any other private alarm system or signal system may be connected by telephone with the headquarters office of the police department by any telephonic means compatible with telephone facilities of the police department, as approved by the police chief. (Ord. 1558 § 1, 1980; prior code § 6.07.130)

9.08.200 Malicious prosecution.

It is unlawful for any person to maliciously and without probable cause therefor knowingly cause another to be arrested or proceeded against for any violation of this title of which he is innocent. (Ord. 1558 § 1, 1980; prior code § 6.07.140)

9.08.210 Violation of restraining order.

A. It is unlawful for any person having actual notice of the existence of a restraining order issued by a court of competent jurisdiction in an action for the dissolution of marriage under Chapter 26.09 RCW to refuse to comply with the provisions of such order when requested by any peace officer of the state.

B. The notice requirements of subsection A of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading from or handing to that person a copy, certified to be an accurate copy of the original, on file by a notary public or the clerk of the court, of the court order, which copy may be supplied by the court, the complainant or the complainant’s attorney.

C. The remedies provided by this section shall not apply unless restraining orders subject to this section bear the legend:

“VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OR ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND IS ALSO SUBJECT TO CIVIL CONTEMPT PROCEEDINGS.”

D. It is a defense to prosecution under subsection A of this section that the court order was issued contrary to law or court rule; provided, that no right of action shall accrue against any peace officer acting upon a properly certified copy of the court order, lawful on its face, if such officer employs otherwise lawful means to effect the arrest. (Ord. 1558 § 1, 1980; prior code § 6.07.150)

9.08.220 Compounding.

A. A person is guilty of compounding if:

1. He requests, accepts or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will refrain from initiating a prosecution for a crime; or

2. He confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such other person will refrain from initiating a prosecution for a crime.

B. Compounding is a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.07.160)

9.08.230 Obstructing the civil defense.

Repealed by Ord. 2362. (Ord. 1558 § 1, 1980; prior code § 6.07.170)

9.08.240 Flag – Definitions.

The words “flag,” “standard,” “color,” “ensign” or “shield,” as used in this section and through BMC 9.08.270, include any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or reproduced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or shield of the United States or of this state, or a copy, picture or representation thereof. (Ord. 1558 § 1, 1980; prior code § 6.07.180)

9.08.250 Flag – Improper use.

No person shall, in any manner, for exhibition or display:

A. Place or cause to be placed any work, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or this state, or authorized by any law of the United States or this state; or

B. Expose to public view any such flag, standard, color, ensign or shield upon which has been printed, painted or otherwise produced, or to which has been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or

C. Expose to public view for sale, manufacture or otherwise, or to sell, give or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which has been produced or attached any such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark or distinguish such article or substance. (Ord. 1558 § 1, 1980; prior code § 6.07.200)

9.08.260 Flag – Desecration.

No person shall knowingly cast contempt upon any flag, standard, color, ensign or shield, as defined in BMC 9.08.240, by publicly mutilating, defacing, defiling, burning or trampling upon the flag, standard, color, ensign or shield. (Ord. 1558 § 1, 1980; prior code § 6.07.210)

9.08.270 Flag – Exemptions from prohibitions.

BMC 9.08.240, 9.08.250 and 9.08.260 shall not apply to any act permitted by the statutes of the United States or of this state, or by the United States Army and Navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or jewelry whereon is depicted such a flag, standard, color, ensign or shield with no design or words thereon and disconnected with any advertisement. (Ord. 1558 § 1, 1980; prior code § 6.07.220)

9.08.280 False swearing.

A. A person is guilty of false swearing if he makes a false statement, which he knows to be false, under an oath required or authorized by law.

B. False swearing is a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.160)

9.08.290 Tampering with physical evidence.

A. A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted and acting without legal right or authority, he:

1. Destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its appearance, character or availability in such pending or prospective official proceeding; or

2. Knowingly presents or offers any false physical evidence.

B. “Physical evidence, “as used in this section, includes any article, object, document, record or other thing of physical substance. (Ord. 1558 § 1, 1980; prior code § 6.05.360)

Chapter 9.12
OFFENSES AGAINST THE PERSON

Sections:

9.12.010 Refrigeration equipment in dangerous condition – Discarding or abandoning.

9.12.020 Refrigeration equipment in dangerous condition – Allowing to remain on premises.

9.12.030 Refrigeration equipment in dangerous condition – Storage for sale.

9.12.040 Assault.

9.12.050 Coercion.

9.12.060 Provoking assault.

9.12.070 Reckless endangerment.

9.12.080 Fair housing practices – Prohibitions.

9.12.090 Fair housing practices – Violations.

9.12.100 Telephone harassment – Misdemeanor.

9.12.110 Telephone harassment – Permitting use of telephone.

9.12.120 Telephone harassment – Place of commission.

9.12.130 Criminal violations of restraining orders – Statutes adopted.

9.12.010 Refrigeration equipment in dangerous condition – Discarding or abandoning.

Any person who discards or abandons or leaves in any place accessible to children any refrigerator, icebox or deep-freeze locker having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking the door, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.02.010)

9.12.020 Refrigeration equipment in dangerous condition – Allowing to remain on premises.

Any owner, lessee or manager who knowingly permits such an unused refrigerator, icebox or deep-freeze locker to remain on the premises under his control without having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.02.020)

9.12.030 Refrigeration equipment in dangerous condition – Storage for sale.

Any person who keeps or stores refrigerators, iceboxes or deep-freeze lockers for the purpose of selling or offering them for sale is not guilty of a violation of this chapter if he takes reasonable precautions to effectively secure the door of any refrigerator, icebox or deep-freeze locker held for the purpose of sale so as to prevent the entrance of children small enough to fit into such articles. (Ord. 1558 § 1, 1980; prior code § 6.02.030)

9.12.040 Assault.

A. A person is guilty of assault if he:

1. Intentionally causes bodily harm by unlawful touching, striking, beating or wounding of another person; or

2. Attempts by force or violence to cause bodily harm to another person; or

3. Intentionally places or attempts to place another person in fear or apprehension of bodily harm by an act, word or threat.

B. Any person guilty of assault is guilty of a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.02.040)

9.12.050 Coercion.

A person is guilty of coercion if, by use of force or threat communicated directly or indirectly, he compels or induces another person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he has a legal right to engage in. (Ord. 1558 § 1, 1980; prior code § 6.02.050)

9.12.060 Provoking assault.

Every person who, by word, sign or gesture, willfully provokes another person to commit an assault or breach of the peace is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.02-.060)

9.12.070 Reckless endangerment.

A. A person is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person.

B. Reckless endangerment is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.02.070)

9.12.080 Fair housing practices – Prohibitions.*

It is unlawful for any person, whether acting for himself or another, because of sex, marital status, race, creed, color or national origin:

A. To refuse to engage in a real estate transaction with a person;

B. To discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;

C. To refuse to negotiate for a real estate transaction with a person;

D. To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

E. To represent to a person that real property is not available for inspection, sale, rental or lease when in fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him to inspect real property;

F. To print, circulate, post or mail or cause to be so published a statement, advertisement of sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification or discrimination with respect thereto;

G. To offer, solicit, accept, use or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;

H. To expel a person from occupancy of real property;

I. To discriminate in the course of negotiating, executing or financing a real estate transaction whether by mortgage, deed of trust, contract or other instrument imposing a lien or other security in real property or in negotiating or executing any item or service related thereto, including issuance of title insurance, mortgage insurance, loan guarantee, or other aspect of the transaction. (Ord. 1542 § 4, 1979; prior code § 2-701)

* Editor’s note: The title, effective date, definition and penalty provisions of Chapter 9.04 BMC do not apply to this section.

9.12.090 Fair housing practices – Violations.*

A violation of BMC 9.12.080 is punishable by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed 90 days, or by both a fine and imprisonment. (Ord. 1542 § 4, 1979)

9.12.100 Telephone harassment – Misdemeanor.

Every person who, with intent to harass, intimidate, torment or embarrass any other person, makes a telephone call to such other person:

A. Using any lewd, lascivious, profane, indecent or obscene words or language, or suggesting the commission of any lewd or lascivious act; or

B. Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or

C. Threatening to inflict injury on the person or property of the person called or any member of his family; or

D. Without purpose of legitimate communication; is guilty of a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.260)

9.12.110 Telephone harassment – Permitting use of telephone.

Any person who knowingly permits any telephone under his control to be used for any purpose prohibited by BMC 9.12.100 is guilty of a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.270)

9.12.120 Telephone harassment – Place of commission.

Any offense committed by use of a telephone as set forth in BMC 9.12.100 may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received. (Ord. 1558 § 1, 1980; prior code § 6.05.280)

9.12.130 Criminal violations of restraining orders – Statutes adopted.

A. The criminal provisions of the statutes contained in RCW Chapters 10.99, Domestic Violence-Official Response, 26.09, Dissolution of Marriage-Legal Separation, 26.10, Nonparental Actions for Child Custody, 26.26, Uniform Parentage Act, 26.44, Abuse of Children and Adult Dependent Persons, and 26.50, Domestic Violence Prevention, are adopted by reference.

B. If any of the state statutes hereby adopted by reference are amended by the State Legislature or the people, including repeal and substitution of other language or recodifications, then such amendments are further incorporated by reference in this section and the city code codification. (Ord. 2368 § 2, 1998)

Chapter 9.16
OFFENSES AGAINST PUBLIC DECENCY

Sections:

Article I. Sex Offenses

9.16.010 Definitions.

9.16.020 Lewd acts.

9.16.030 Prostitution.

9.16.040 Loitering and soliciting for prostitution.

9.16.050 Patronizing a prostitute.

9.16.060 Promoting prostitution – Pimping.

9.16.065 Display of sexually explicit materials.

Article II. Drugs and Other Controlled Substances

9.16.070 State statutes adopted.

9.16.080 Violation of Uniform Controlled Substances Act.

9.16.090 Misdemeanor marijuana possession.

9.16.100 Glue sniffing – Unlawful.

9.16.110 Glue sniffing – Violating or aiding or abetting violation.

9.16.120 Glue sniffing – Violators under 18 years.

9.16.130 Being under the influence – Prohibited.

9.16.140 Being under the influence – Violating or aiding or abetting violation.

Article III. Gambling

9.16.150 Definitions.

9.16.160 Statutes – Adopted.

9.16.170 Statutes – Amendments.

Article I. Sex Offenses

9.16.010 Definitions.

As used in this article:

A. “Commit prostitution” means to engage in sexual conduct for money.

B. “Known prostitute or panderer” means a person who, within one year previous to the date of arrest for prostitution, has within the knowledge of the arresting officer been convicted of an offense involving prostitution.

C.  1. “Lewd act” means public:

a. Exposure of one’s genitals or female breasts; or

b. Touching, caressing or fondling of the genitals or female breasts; or

c. Urination or defecation in a place other than a wash-room or toilet room; or

d. Masturbation; or

e. Sexual intercourse.

2. Artistic or dramatic performances in a theater or museum shall not be deemed to be within the definition set out in subsection (C)(1) of this section. Among circumstances which are to be considered in determining whether a performance is artistic or dramatic and thereby excluded from the definition of a lewd act are whether the work, taken as a whole:

a. Appeals to the prurient interest; or

b. Depicts or describes, in a patently offensive way, sexual conduct constituting a lewd act; or

c. Lacks serious literary, artistic, political or scientific value.

3. “Theater,” as used in subsection (C)(2) of this section, does not include any premises wherein alcoholic beverages are sold.

D. “Public” or “public display” means easily visible from a public thoroughfare or from the property of others, or in a public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure. (Ord. 1558 § 1, 1980; prior code § 6.03.010)

9.16.020 Lewd acts.

A. Every person who intentionally performs any lewd act in a public place or at a place and under circumstances where such act could be observed by any member of the public, is guilty of a misdemeanor.

B. The owner, manager or operator of premises open to the public wherein alcoholic beverages are sold, served or consumed is guilty of a gross misdemeanor if he intentionally permits or causes any lewd act on his premises. (Ord. 1558 § 1, 1980; prior code § 6.03.020)

9.16.030 Prostitution.

A. Every person who engages or agrees or offers to engage in sexual conduct with another person in return for a fee is guilty of a misdemeanor.

B. This section shall not apply to sexual conduct engaged in as part of any stage performance, play or other entertainment open to members of the public.

C. For purposes of this section, “sexual conduct” means “sexual intercourse” as defined in RCW 9A.44.010(1) or “sexual contact” as defined in RCW 9A.44.100(2). (Ord. 1558 § 1, 1980; prior code § 6.03.030)

9.16.040 Loitering and soliciting for prostitution.

A. Every person who remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution is guilty of a misdemeanor.

B. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are he:

1. Repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation; or

2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or

3. Is a known prostitute or panderer. (Ord. 1558 § 1, 1980; prior code § 6.03.040)

9.16.050 Patronizing a prostitute.

Every person who:

A. Pursuant to a prior understanding, pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or

B. Pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him; or

C. Solicits or requests a known prostitute to engage in sexual conduct with him in return for a fee; is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.03.050)

9.16.060 Promoting prostitution – Pimping.

Every person:

A. Acting other than as a prostitute or as a customer thereof, who knowingly:

1. Causes or aids a person to commit or engage in prostitution; or

2. Procures or solicits customers for prostitution; or

3. Provides persons or premises for prostitution purposes, or

4. Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or

5. Engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution; or

B. Acting other than as a prostitute receiving compensation for personally rendered prostitution services, who accepts or receives money or other property pursuant to an agreement or understanding with a person whereby he participates or is to participate in the proceeds of prostitution activity; is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.03.060)

9.16.065 Display of sexually explicit materials.

The provisions of RCW 9.68.130, as they exist and as amended, are hereby adopted by reference. In addition to the acts prohibited by RCW 9.68.130, a person is guilty of unlawful display of sexually explicit material if he or she knowingly exhibits such material in any manner, whether on a viewing screen or through any other medium so that the sexually explicit material is easily visible from a public thoroughfare, park or playground, or from one or more family dwelling units. (Ord. 2466 § 1, 2000; Ord. 2453 § 1, 2000)

Article II. Drugs and
Other Controlled Substances

9.16.070 State statutes adopted.

The following sections of Chapter 69.50 RCW relating to drugs and other controlled substances, defining crimes and prescribing penalties, are adopted by this reference:

RCW

69.50.010    69.50.212    69.50.406

69.50.102    69.50.302    69.50.407

69.50.203    69.50.306    69.50.408

69.50.204    69.50.307    69.50.412

69.50.205    69.50.308    69.50.500

69.50.206    69.50.309    69.50.505

69.50.207    69.50.401    69.50.506

69.50.208    69.50.402    69.50.509

69.50.209    69.50.403    69.50.601

69.50.210    69.50.404

69.50.211    69.50.405

(Ord. 1923 § 1, 1989; Ord. 1558 § 1, 1980; prior code § 6.09.010)

9.16.080 Violation of Uniform Controlled Substances Act.

Any person convicted under this article of violation of any of the provisions adopted in BMC 9.16.070, as adopted and amended, is guilty of a crime and may be punished as a gross misdemeanor. (Ord. 2363 § 1, 1998; Ord. 1558 § 1, 1980; prior code § 6.09.020)

9.16.090 Misdemeanor marijuana possession.

Any person convicted under this article of possession of 40 grams or less of marijuana is guilty of a gross misdemeanor. (Ord. 2363 § 2, 1998; Ord. 1558 § 1, 1980; prior code § 6.09.030)

9.16.100 Glue sniffing – Unlawful.

It is unlawful to intentionally smell or inhale the fumes from any glue, cement or other adhesive containing one or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene, dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or toluene, for the purpose of becoming intoxicated, inebriated, excited or stupefied; provided, that this section shall not be construed as applying to the inhalation of any anesthesia for medical or dental purposes. (Ord. 1558 § 1, 1980; prior code § 6.09.040)

9.16.110 Glue sniffing – Violating or aiding or abetting violation.

Any person who violates the provisions of BMC 9.16.100 or counsels, aids or abets any such violation is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.09.050)

9.16.120 Glue sniffing – Violators under 18 years.

Any person under the age of 18 years violating BMC 9.16.100 shall be cited to juvenile court of the state for the county for investigation and, in the event that such person is remanded by the judge of the juvenile court to the city authorities for prosecution, such person may be tried in the city police court and punished as provided for in the penalty section. (Ord. 1558 § 1, 1980; prior code § 6.09.060)

9.16.130 Being under the influence – Prohibited.

A. It is unlawful for any person to be under the influence of any drug or other controlled substance as defined or scheduled in Chapter 69.50 RCW or to be under the influence of any substance mentioned in BMC 9.16.100 in any private premises or house to the annoyance of any individual, or in a public place, in a vehicle, in or on a public place, or in a place open to the public view or to which the public has access.

B. For the purposes of this section, an individual is “under the influence” of a drug or other substance when any of his normal faculties are substantially affected or impaired as a result of the use of such drug. (Ord. 1558 § 1, 1980; prior code § 6.09.070)

9.16.140 Being under the influence – Violating or aiding or abetting violation.

Any person who violates, or counsels, aids or abets a violation of BMC 9.16.130 is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.09.080)

Article III. Gambling

9.16.150 Definitions.

The definitions as contained in RCW 9.46.020 and WAC Title 230 are adopted by reference. (Ord. 1726 § 1, 1984)

9.16.160 Statutes – Adopted.

The following statutes are adopted by reference:

RCW

9.46.170	9.46.195	9.46.230
9.46.185	9.46.196	9.46.240
9.46.190	9.46.198

(Ord. 1726 § 2, 1984)

9.16.170 Statutes – Amendments.

If any of the state statutes adopted by this article by reference are amended by the State Legislature or the people, including repeal and substitution of other language or recodification, then such amendments are further incorporated by reference into this article. (Ord. 1726 § 3, 1984)

Chapter 9.18
PEDESTRIAN INFLUENCE

Sections:

9.18.010 Pedestrian influence.

9.18.020 Prohibited acts.

9.18.030 Violation – Penalty.

9.18.010 Pedestrian influence.

The following definitions apply in this section:

A. “Aggressively beg” means to beg with intent to intimidate another person into giving money or goods.

B. “Beg” means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means.

C. “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest shall not constitute obstruction of pedestrian or vehicular traffic.

D. “Public place” is an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (Ord. 1899 § 1(A), 1988)

9.18.020 Prohibited acts.

A person is guilty of pedestrian interference if, in a public place, he or she intentionally:

A. Obstructs pedestrian or vehicular traffic; or

B. Aggressively begs. (Ord. 1899 § 1(B), 1988)

9.18.030 Violation – Penalty.

Pedestrian interference may be punished by a fine not to exceed $500.00, by imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1899 § 1(C), 1988)

Chapter 9.20
OFFENSES AGAINST THE PUBLIC PEACE

Sections:

9.20.010 Disturbing assemblies or meetings.

9.20.020 Unlawful assembly.

9.20.030 Failure to disperse.

9.20.040 Refusal to pay fare – Drinking in public – Selling liquor to intoxicated persons.

9.20.050 Disorderly conduct.

9.20.060 Disruption of school activities.

9.20.070 False reporting.

9.20.080 Public nuisance – Places and acts designated.

9.20.090 Public nuisance – Unequal effect immaterial.

9.20.100 Public nuisance – Misdemeanor.

9.20.110 Public nuisance – Abatement.

9.20.120 Deposit of unwholesome substance – Noisome or detrimental business – Pollution of bodies of water.

9.20.130 Harassment.

9.20.140 Hunting.

9.20.010 Disturbing assemblies or meetings.

Every person who, without authority of law, willfully disturbs any assembly or meeting not unlawful in its character, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.04.010)

9.20.020 Unlawful assembly.

Whenever three or more persons assemble with intent:

A. To commit any unlawful act by force; or

B. To carry out any purpose in such manner as to disturb the public peace; or

C. Being assembled, to attempt or threaten any act tending toward a breach of the peace or an injury to persons or property or any unlawful act; such an assembly is unlawful, and every person participating therein by his presence, aid or instigation is guilty of a gross misdemeanor; provided, that prior to making arrests, an order to disperse is given, and a reasonable time is allowed for such dispersion. (Ord. 1558 § 1, 1980; prior code § 6.04.020)

9.20.030 Failure to disperse.

A. Every person who refuses or intentionally fails to disperse or refrain from activity which creates a risk of causing injury to any person or property is guilty of a misdemeanor; provided, that prior to making arrests an order to disperse was given by a law enforcement officer and a reasonable time was allowed for dispersion.

B. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media unless he is physically obstructing lawful efforts by such officer to disperse the parties. (Ord. 1558 § 1, 1980; prior code § 6.04.030)

9.20.040 Refusal to pay fare – Drinking in public – Selling liquor to intoxicated persons.

It is unlawful for a person in public to:

A. Refuse to pay proper fare in a public conveyance; or

B. Open or drink any intoxicating liquor in a public conveyance or public place not previously authorized by law; or

C. Sell any liquor to any person apparently under the influence of liquor. (Ord. 1558 § 1, 1980; prior code § 6.04.040)

9.20.050 Disorderly conduct.

A person is guilty of disorderly conduct if he:

A. Uses abusive language and thereby intentionally creates a risk of assault; or

B. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or

C. Obstructs pedestrians or vehicular traffic without lawful authority; or

D. Causes, provokes, or engages in any fight or brawl; or

E. Makes or causes to be made any loud or boisterous noise which unreasonably disrupts the peace, comfort and repose of others, or permits such public disturbance to be made in any residence or business under his or her charge or control. (Ord. 1922 § 1, 1989; Ord. 1558 § 1, 1980; prior code § 6.04.050)

9.20.060 Disruption of school activities.

A. A person is guilty of disruption of school activities if he comes into or remains in any school building, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto, and intentionally causes undue disruption of the activities of the school.

B. As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. (Ord. 1558 § 1, 1980; prior code § 6.04.060)

9.20.070 False reporting.

A. A person is guilty of false reporting if, with knowledge that the information reported, conveyed or circulated is false, he initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe or emergency, knowing that such false report is likely to cause evacuation of a building, place of assembly or transportation facility, or to cause public inconvenience or alarm.

B. False reporting is a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.04.080)

9.20.080 Public nuisance – Places and acts designated.

A public nuisance is a crime against the order and economy of the state.

A. Every place:

1. Wherein any fighting between men, women or animals or birds is conducted; or

2. Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or

3. Where vagrants resort; or

B. Every act unlawfully done and every omission to perform a duty, which act or omission:

1. Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons; or

2. Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage a lake, navigable river, bay, stream, canal or basin or a public park, square, street, alley or highway; or

3. Offends public decency, or

4. In any way renders a considerable number of persons insecure in life or the use of property; is a public nuisance. (Ord. 2363 § 3, 1998; Ord. 1558 § 1, 1980; prior code § 6.04.090)

9.20.090 Public nuisance – Unequal effect immaterial.

An act which affects a considerable number of persons in any of the ways specified in BMC 9.20.080 is no less a public nuisance because the extent of the damage is unequal. (Ord. 1558 § 1, 1980; prior code § 6.04.100)

9.20.100 Public nuisance – Misdemeanor.

Every person who commits or maintains a public nuisance, for which no special punishment is prescribed, or who willfully omits or refuses to perform any legal duty relating to the removal of such nuisance, and every person who lets, or permits to be used, any building or boat or portion thereof, knowing that it is intended to be or is being used for committing or maintaining any such nuisance, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.04.110)

9.20.110 Public nuisance – Abatement.

Any court or magistrate before whom there may be pending any proceeding for a violation of BMC 9.20.100 shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the chief at the cost of the defendant; provided, that if the conviction was had in a justice court, the justice of the peace shall not issue the order and warrant of abatement, but on application thereof, shall transfer the cause to the superior court, which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein. (Ord. 1558 § 1, 1980; prior code § 6.04.120)

9.20.120 Deposit of unwholesome substance – Noisome or detrimental business – Pollution of bodies of water.*

Every person who deposits, leaves or keeps, on or near a highway or route of public travel, on land or water, any unwholesome substance; or who establishes, maintains or carries on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is noisome or detrimental to the public health; or who deposits or casts into any lake, creek or river, wholly or partly in this state, the offal or the dead body of an animal, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.04.130)

* For other provisions within this chapter on the pollution of bodies of water, see BMC 9.20.080.

9.20.130 Harassment.

Chapter 9A.46 RCW, as drafted and amended, is adopted by reference into the Blaine Municipal Code. (Ord. 2157 § 1, 1994)

9.20.140 Hunting.

A. Except as otherwise provided, it shall be unlawful to hunt within the city limits. The term “to hunt” shall be defined as provided in RCW 77.08.010 and shall include any effort to kill, injure, capture, or harass a wild animal or wild bird. Violations of this section shall be a misdemeanor. Subsequent violations shall be gross misdemeanors.

B. Council shall have authority to authorize specific forms of hunting in designated areas of the city by resolution. Any such action shall require a finding that such activity does not constitute a nuisance or danger to public safety. Any such authorized hunting shall be limited to persons on private property with the written authority of the property owner.

C. Nothing in this section shall be construed to supersede any provisions contained in RCW Title 77 or any provision of the Washington Administrative Code. (Ord. 2460 § 1, 2000)

Chapter 9.24
OFFENSES AGAINST PROPERTY

Sections:

9.24.010 Definitions.

9.24.020 Theft defined – Defenses.

9.24.030 Theft.

9.24.040 Larcenies to be considered thefts.

9.24.050 Possessing stolen property – Defined – Defense – Presumptions.

9.24.060 Possessing stolen property in the third degree.

9.24.070 Recovery and accounting of stolen property.

9.24.080 Theft of property lost, mislaid or delivered by mistake.

9.24.090 Receiving or possessing stolen property.

9.24.100 Obscuring identity of a machine.

9.24.110 Theft of services.

9.24.120 False weights and measures.

9.24.130 Vandalism.

9.24.140 Shoplifting.

9.24.150 Criminal impersonation.

9.24.160 Trespassing.

9.24.170 Burglar tool possession or fabrication.

9.24.180 Vehicle prowling.

9.24.190 Reckless burning.

9.24.200 Malicious mischief in the third degree – Misdemeanor.

9.24.210 Malicious mischief in the third degree – Physical damage defined.

9.24.220 Threats to bomb or injure property – Unlawful.

9.24.230 Threats to bomb or injure property – Hoax.

9.24.240 Threats to bomb or injure property – Penalty.

9.24.250 Conversion of encumbered, leased or rented property.

9.24.260 Failure to return leased or rented property.

9.24.270 Fraudulent removal or destruction of property or records.

9.24.280 Knowingly receiving fraudulent conveyance.

9.24.290 Fraud in assignment for benefit of creditors.

9.24.300 Use of slugs in telephones or other coin receptacles.

9.24.310 Utility damage or fraud.

9.24.320 Obstructing way, drain or ditch.

9.24.330 Removing earth materials.

9.24.340 Removal of bulkhead or bank protection material.

9.24.010 Definitions.

The following definitions are applicable in this chapter unless the context otherwise requires:

A. “Appropriate lost or misdelivered property or services” means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property.

B. “By color or aid of deception” means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services.

C. “Credit card” means any instrument or device, whether incomplete, revoked or expired, whether known as a credit card, credit plate, charge plate, courtesy card, or by any other name, issued with or without fee for the use of the cardholder in obtaining money, goods, services, or anything else of value, including satisfaction of a debt or the payment of a check drawn by a cardholder, either on credit or in consideration of an undertaking or guarantee by a cardholder.

D. “Deception” occurs when an actor knowingly:

1. Creates or confirms another’s impression which the actor knows to be false; or

2. Fails to correct another’s impression which the actor previously has created or confirmed; or

3. Prevents another from acquiring information material to the disposition of the property involved; or

4. Promises performance which the actor does not intend to perform or knows will not be performed.

E. “Deprive,” in addition to its common meaning, means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets, or computer programs, provided that the aforementioned are of a private proprietary nature.

F. “Obtain control over,” in addition to its common meaning, means:

1. In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or

2. In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another.

G. “Owner” means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services.

H. “Receive” includes, but is not limited to, acquiring title, possession, control or a security interest, or any other interest in the property.

I. “Services” includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public-utility nature such as gas, electricity, steam and water.

J. “Stolen” means obtained by theft, robbery or extortion.

K. Value.

1. “Value” means the market value of the property or services at the time and in the approximate area of the criminal act.

2. Whether or not they have been issued or delivered, written instruments, except those having a readily ascertained market value, shall be evaluated as follows:

a. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

b. The value of a ticket or equivalent instrument which evidences a right to receive transportation, entertainment or other service shall be deemed the price stated thereon, if any, and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public.

c. The value of any other instrument that creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

3. Whenever any series of transactions which constitute theft would, when considered separately, constitute theft in the third degree because of value, and the series of transactions are a part of a common scheme or plan, then the transactions are a part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all such transactions shall be the value considered in determining the degree of theft involved.

4. Whenever any person is charged with possessing stolen property and such person has unlawfully in his possession at the same time the stolen property of more than one person, then the stolen property possessed may be aggregated in one count and the sum of the value of all the stolen property shall be the value considered in determining the degree of theft involved.

5. Property or services having value that cannot be ascertained pursuant to the standards set forth above in this subsection shall be deemed to be of a value not exceeding $250.00.

L. “Wrongfully obtains” or “exerts unauthorized control” means:

1. To take the property or services of another; or

2. Having any property or services in one’s possession, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian or officer of any person, estate, association or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody or control, to secret, withhold or appropriate the same to his own use or to the use of any person other than the true owner or person entitled thereto. (Ord. 1558 § 1, 1980; prior code § 6.05.010)

9.24.020 Theft defined – Defenses.

A. “Theft” means:

1. 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

2. 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

3. To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him of such property or services.

B. In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claims are untenable. (Ord. 1558 § 1, 1980; prior code § 6.05.020)

9.24.030 Theft.

A. A person is guilty of theft if he commits theft of property or services which does not exceed $250.00 in value.

B. Theft is a misdemeanor and is punishable as follows:

1. First offense is a Class B misdemeanor;

2. Second offense is a Class B misdemeanor;

3. Third offense is a Class A misdemeanor. (Ord. 1728 § 3, 1984; Ord. 1558 § 1, 1980; prior code § 6.05.030)

9.24.040 Larcenies to be considered thefts.

All offenses defined as larcenies outside of this title shall be treated as thefts as provided in this title. (Ord. 1558 § 1, 1980; prior code § 6.05.040)

9.24.050 Possessing stolen property – Defined – Defense – Presumptions.

A. “Possessing stolen property” means knowingly to receive, retain, possess, conceal or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.

B. The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of possessing stolen property.

C. When a person not an issuer or agent thereof has in his possession or under his control stolen credit cards issued in the names of two or more persons, he shall be presumed to know that they are stolen. This presumption may be rebutted by evidence raising a reasonable inference that the possession of such stolen credit cards was without knowledge that they were stolen. (Ord. 1558 § 1, 1980; prior code § 6.05.050)

9.24.060 Possessing stolen property in the third degree.

A. A person is guilty of possessing stolen property in the third degree if:

1. He possesses stolen property which does not exceed $250.00 in value; or

2. He possesses a stolen public record, writing or instrument kept, filed or deposited according to law; or

3. He possesses a stolen firearm.

B. Possessing stolen property is a misdemeanor and punishable as theft under BMC 9.24.030. (Ord. 1558 § 1, 1980; prior code § 6.05.060)

9.24.070 Recovery and accounting of stolen property.

A. The officer arresting any person charged as principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to have been stolen, and after seizure shall be answerable therefor while it remains in his hands, and shall annex a schedule thereof to his return of the warrant.

B. Whenever the prosecuting attorney requires property contemplated in subsection A of this section for use as evidence upon the examination or trial, such officer, upon his demand, shall deliver it to him and take his receipt therefor, after which such prosecuting attorney shall be answerable for the property. (Ord. 1558 § 1, 1980; prior code § 6.05.070)

9.24.080 Theft of property lost, mislaid or delivered by mistake.

A. A person is guilty of theft if he obtains or exerts control over the property of another that he knows to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, and he fails to take reasonable measures to discover and notify the owner.

B. As used in this section, “reasonable measures” includes but is not necessarily limited to notifying the identified owner or any peace officer. (Ord. 1558 § 1, 1980; prior code § 6.05.080)

9.24.090 Receiving or possessing stolen property.

A. A person is guilty of theft if he receives, possesses, retains or disposes of property of another knowing that it has been stolen or consciously disregarding a substantial risk that it has been stolen, unless the property is received, retained or disposed of with purpose to restore it to the owner.

B. “Receiving” means acquiring possession, control or title, or lending on the security of the property. (Ord. 1558 § 1, 1980; prior code § 6.05.090)

9.24.100 Obscuring identity of a machine.

A. A person is guilty of obscuring the identity of a machine if he knowingly:

1. Obscures the manufacturer’s serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, or other device held for sale knowing that the serial number or other identification number or mark has been obscured; or

2. Possesses a vehicle, machine, engine, apparatus, appliance or other device held for sale knowing that the serial number or other identification number or mark has been obscured.

B. “Obscure” means to remove, deface, cover, alter, destroy or otherwise render unidentifiable.

C. Obscuring identity of a machine is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.100)

9.24.110 Theft of services.

A. A person is guilty of theft if he:

1. Obtains services which he knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service; or

2. Having control over the disposition of services of others, to which he is not entitled, he diverts such services to his own benefit or to the benefit of another not entitled thereto.

B. “Services” includes, but is not limited to, labor, professional service, telephone or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, use of vehicles or property. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to pay on demand or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.

C. Theft of services is a misdemeanor and is punishable as theft under BMC 9.24.030. (Ord. 1558 § 1, 1980; prior code § 6.05.110)

9.24.120 False weights and measures.

Every person who injures or defrauds another by using, with knowledge that it is false, a false weight, measure or other apparatus for determining the quantity of any commodity or article of merchandise, or by knowingly misrepresenting the quantity thereof bought or sold, or who retains in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it or permit is to be used or placed in violation of the foregoing provisions of this section, is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.120)

9.24.130 Vandalism.

It is unlawful to cut, mar, injure, deface, spoil, break or destroy any fence, sidewalk, house, building, tree, plant or other property, or, without municipal authority, to deface, mutilate, tear down or destroy any sign board or post within the corporate limits of the city. (Ord. 1558 § 1, 1980; prior code § 6.05.130)

9.24.140 Shoplifting.

A. A person is guilty of shoplifting if he or she willfully takes possession of any goods, wares or merchandise of the value of less than $25.00 offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the seller, with the intention of converting such goods, wares or merchandise to his own use without having paid the purchase price thereof.

B. A duly appointed city, county or state law enforcement officer may, upon a charge being made and without a warrant, arrest any person whom he or she has reasonable cause to believe has committed or attempted to commit the crime of shoplifting.

C. First and second convictions for shoplifting shall be punishable by a maximum penalty of $500.00. Subsequent convictions shall be punishable by up to 90 days in jail and $500.00 maximum fine, or both. (Ord. 2033 § 1, 1991; Ord. 1728 § 4, 1984; Ord. 1558 § 1, 1980; prior code § 6.05.140)

9.24.150 Criminal impersonation.

A. A person is guilty of criminal impersonation if he:

1. Assumes a false identity and does an act in his assumed character with the intent to defraud another; or

2. Pretends to be a representative of some person or organization and does an act in his pretended capacity with the intent of defrauding another; or

3. Impersonates a police officer or impersonates any city official or officer.

B. Criminal impersonation is punishable as a Class B misdemeanor. (Ord. 1728 § 5, 1984; Ord. 1558 § 1, 1980; prior code § 6.05.150)

9.24.160 Trespassing.

A. The following definitions apply in this section:

1. “Enter,” when constituting an element or part of a crime, includes the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.

2. “Enters or remains unlawfully.” A person “enters and remains unlawfully” in or upon premises when he is not then licensed, invited or otherwise privileged to so enter or remain. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

3. “Premises” includes any building, dwelling or any real property.

B. Trespassing is punishable as a Class B misdemeanor. A person is guilty of trespass if he knowingly enters or remains unlawfully in or upon the premises of another. (Ord. 1728 § 6, 1984; Ord. 1682 § 1, 1983; Ord. 1558 § 1, 1980; prior code § 6.05.170)

9.24.170 Burglar tool possession or fabrication.

Every person who makes or mends or causes to be made or mended, or has in his possession in the day or nighttime, any engine, machine, tool, false key, picklock, bit nippers or implement adapted, designed or commonly used for the commission of burglary, larceny or other crime, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same is intended to be so used, is guilty of a misdemeanor. The possession thereof, except by a mechanic, artificer or tradesman at and in his established shop or place of business, open to public view, is prima facie evidence that such possession was had with intent to use or employ or allow the same to be used or employed in the commission of a crime. (Ord. 1558 § 1, 1980; prior code § 6.05.180)

9.24.180 Vehicle prowling.

A. A person is guilty of vehicle prowling if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle.

B. Vehicle prowling is a misdemeanor.

C. For purposes of this section, “vehicle” means as defined in RCW 9A.04.110(26). (Ord. 1558 § 1, 1980; prior code § 6.05.190)

9.24.190 Reckless burning.

A person is guilty of reckless burning it he knowingly causes a fire or explosion, whether on his own property or that of another, and thereby recklessly places a building or other structure, or any vehicle, railway car, aircraft or watercraft, or any hay, grain, crop or timber, whether cut, or standing, in danger of destruction or damage. (Ord. 1558 § 1, 1980; prior code § 6.05.200)

9.24.200 Malicious mischief in the third degree – Misdemeanor.

A. A person is guilty of malicious mischief in the third degree if he knowingly and maliciously:

1. Causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or

2. Creates a substantial risk of interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power or communication.

B. Malicious mischief in the third degree is a gross misdemeanor if the damage to the property is in an amount exceeding $50.00; otherwise, it is a Class B misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.210)

9.24.210 Malicious mischief in the third degree – Physical damage defined.

For the purposes of BMC 9.24.200, “physical damage,” in addition to its ordinary meaning, includes the alteration, damage or erasure of records, information, data or computer programs which are electronically recorded for use in computers. (Ord. 1558 § 1, 1980; prior code § 6.05.220)

9.24.220 Threats to bomb or injure property – Unlawful.

It is unlawful for any person to threaten to bomb or otherwise injure any public or private school building, place of worship or public assembly, or any other building, common carrier, structure or place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information is communicated or repeated. (Ord. 1558 § 1, 1980; prior code § 6.05.230)

9.24.230 Threats to bomb or injure property – Hoax.

It shall not be a defense to any prosecution under BMC 9.24.220, 9.24.230 and 9.24.240 that the threatened bombing or injury was a hoax. (Ord. 1558 § 1, 1980; prior code § 6.05.240)

9.24.240 Threats to bomb or injure property – Penalty.

Any violation of BMC 9.24.220, 9.24.230 and 9.24.240 is a Class A misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.05.250)

9.24.250 Conversion of encumbered, leased or rented property.

A. Every person being in possession thereof, who sells, removes, conceals, converts to his own or destroys, or connives at or consents to the sale, removal, conversion, concealment or destruction of any personal property or any part thereof, upon which a security agreement, mortgage, lien, conditional sales contract, rental agreement or lease exists, with intent to hinder, delay or defraud the secured party of such security agreement, or the holder of such mortgage, lien or conditional sales contract or the lessor under such lease or rentor of (under) such rental agreement, or any assignee of such security agreement, mortgage or lease, is guilty of a misdemeanor.

B. In any prosecution under this section any allegation containing a description of the sec