Title 9
PUBLIC PEACE, MORALS AND WELFARE

Chapters:

9.02 Preliminary Article

9.04 Repealed

9.06 Principles of Liability

9.08 Repealed

9.10 Restitution

9.12 Repealed

9.14 Anticipatory Offenses

9.16 Repealed

9.18 Assault – Physical Harm

9.20 Repealed

9.22 Criminal Mistreatment

9.24 Repealed

9.26 Sex Offenses

9.28 Repealed

9.30 Harassment

9.32 Repealed

9.34 Repealed

9.35 Arson, Reckless Burning and Malicious Mischief

9.36 Failure to Appear

9.37 Burglary and Trespass

9.39 Theft and Robbery

9.40 Repealed

9.42 Fraud

9.44 Public Indecency and Prostitution

9.46 Perjury and Interference with Official Proceedings

9.48 Repealed

9.49 Obstructing Governmental Operation

9.50 Repealed

9.52 Offenses by or Against Minors

9.54 Public Disturbance

9.56 Liquor Offenses

9.60 Repealed

9.61 Indecent Exposure – Prostitution

9.63 General Provisions

9.64 Repealed

9.65 Animals, Crimes Relating To

9.68 Repealed

9.71 Fire, Crimes Relating To

9.72 Fireworks

9.76 Firearms and Dangerous Weapons

9.80 Gambling – 1973 Act

9.84 Inhaling Toxic Fumes

9.88 Malicious Mischief – Injury to Property

9.92 Obscenity and Pornography

9.96 Sexual Exploitation of Children

9.100 Duty of Witnesses

9.104 Miscellaneous Crimes

9.108 Domestic Relations

9.112 Age of Majority (Tobacco/Tattooing by Minors)

9.116 Liquor Permits (Unlawful Acts Relating to Identification or Certification Card)

9.120 Alcoholic Beverage Control – Enforcement – Penalties

9.124 Foods, Drugs, Cosmetics and Poisons

9.128 Public Health and Safety

9.132 Fish and Wildlife (Firearms in Vehicles)

Chapter 9.02
PRELIMINARY ARTICLE

Sections:

9.02.010 State statutes adopted.

9.02.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.04.010 Title, effective date, application, severability, captions.

9A.04.020 Purposes – Principles of construction.

9A.04.040 Classes of crimes.

9A.04.060 Common law to supplement statute.

9A.04.080 Criminal procedure, limitation of actions.

9A.04.090 Application of general provisions of the code.

9A.04.100 Proof beyond a reasonable doubt.

9A.04.110 Criminal code, officer defined.

(Ord. 1573 § 1, 2005).

Chapter 9.04
GENERAL PROVISIONS

(Repealed by Ord. 1573)

Chapter 9.06
PRINCIPLES OF LIABILITY

Sections:

9.06.010 State statutes adopted.

9.06.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.08.010 General requirements of culpability.

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

(Ord. 1573 § 2, 2005).

Chapter 9.08
CULPABILITY

(Repealed by Ord. 1573)

Chapter 9.10
RESTITUTION

Sections:

9.10.010 State statutes adopted.

9.10.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.20.030 Alternative to a fine.

(Ord. 1573 § 3, 2005).

Chapter 9.12
COMPLICITY

(Repealed by Ord. 1573)

Chapter 9.14
ANTICIPATORY OFFENSES

Sections:

9.14.010 State statutes adopted.

9.14.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.28.020 Criminal attempt.

9A.28.030 Criminal solicitation.

(Ord. 1573 § 4, 2005).

Chapter 9.16
ANTICIPATORY OFFENSES

(Repealed by Ord. 1573)

Chapter 9.18
ASSAULT – PHYSICAL HARM

Sections:

9.18.010 State statutes adopted.

9.18.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.36.041 Assault in the fourth degree.

9A.36.050 Reckless endangerment.

9A.36.070 Coercion.

9A.36.150 Interfering with reporting of domestic violence.

10.14.120 Disobedience of order.

26.50.110 Violation of order.

7.21 Contempt of court.

(Ord. 1573 § 5, 2005).

Chapter 9.20
ASSAULT

(Repealed by Ord. 1573)

Chapter 9.22
CRIMINAL MISTREATMENT

Sections:

9.22.010 State statutes adopted.

9.22.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.42.035 Criminal mistreatment third degree.

9A.42.037 Criminal mistreatment fourth degree.

9A.42.110 Leaving child in care of sex offender.

(Ord. 1573 § 6, 2005).

Chapter 9.24
RECKLESS BURNING AND MALICIOUS MISCHIEF

(Repealed by Ord. 1573)

Chapter 9.26
SEX OFFENSES

Sections:

9.26.010 State statutes adopted.

9.26.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.44.096 Sexual misconduct with minor second degree.

(Ord. 1573 § 7, 2005).

Chapter 9.28
CRIMINAL TRESPASS AND VEHICLE PROWLING

(Repealed by Ord. 1573)

Chapter 9.30
HARASSMENT

Sections:

9.30.010 State statutes adopted.

9.30.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.46.020 Harassment – Definition – Penalties.

9A.46.080 Order restricting contact – Violation.

9A.46.110 Stalking.

(Ord. 1573 § 8, 2005).

Chapter 9.32
THEFT

(Repealed by Ord. 1573)

Chapter 9.34
LEASED PERSONAL PROPERTY – FAILURE TO RETURN

(Repealed by Ord. 1573)

Chapter 9.35
ARSON, RECKLESS BURNING AND MALICIOUS MISCHIEF

Sections:

9.35.010 State statutes adopted.

9.35.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.48.050 Reckless burning second degree.

9A.48.090 Malicious mischief third degree.

(Ord. 1573 § 9, 2005).

Chapter 9.36
FAILURE TO APPEAR

Sections:

9.36.010 Repealed.

9.36.020 Repealed.

9.36.030 Repealed.

9.36.040 Repealed.

9.36.050 Nonappearance after written promise.

9.36.010 Obstructing a public servant.

Repealed by Ord. 1573. (Ord. 1053 § 10.1, 1984).

9.36.020 Refusing to summon aid for a police officer.

Repealed by Ord. 1573. (Ord. 1053 § 10.2, 1984).

9.36.030 Resisting arrest.

Repealed by Ord. 1573. (Ord. 1053 § 10.3, 1984).

9.36.040 Bail jumping.

Repealed by Ord. 1573. (Ord. 1053 § 10.4, 1984).

9.36.050 Nonappearance after written promise.

A. Whenever any person is arrested for any violation of the ordinances of the city, the arresting officer may serve upon him a citation and notice to appear in court. Such citation and notice shall conform to the municipal court criminal rules of the Washington Court Rules. The arrested person, in order to secure release, and when permitted by the arresting officer, must give his written promise to appear in court as required by the citation and notice, by signing in the appropriate place and the written citation and notice served by the arresting officer.

B. A person is guilty of failing to appear if he wilfully violates his written and signed promise to appear in court, as provided for herein, 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.

C. Failure to appear is a misdemeanor. (Ord. 1053 § 10.5, 1984).

Chapter 9.37
BURGLARY AND TRESPASS

Sections:

9.37.010 State statutes adopted.

9.37.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.52.060 Making or having burglar tools.

9A.52.070 Criminal trespass in the first degree.

9A.52.080 Criminal trespass in the second degree.

9A.52.100 Vehicle prowling in the second degree.

9A.52.120 Computer trespass in the second degree.

(Ord. 1573 § 10, 2005).

Chapter 9.39
THEFT AND ROBBERY

Sections:

9.39.010 State statutes adopted.

9.39.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.56.050 Theft third degree.

9A.56.060 Unlawful issuance of bank checks.

9A.56.096 Theft of rental/leased/leased-purchased property.

9A.56.170 Possession of stolen property third degree.

9A.56.330 Possession of another’s identification.

(Ord. 1573 § 11, 2005).

Chapter 9.40
PUBLIC DISTURBANCE

(Repealed by Ord. 1573)

Chapter 9.42
FRAUD

Sections:

9.42.010 State statutes adopted.

9.42.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.60.045 Criminal impersonation second degree.

(Ord. 1573 § 12, 2005).

Chapter 9.44
PUBLIC INDECENCY AND PROSTITUTION

Sections:

9.44.010 Repealed.

9.44.020 Repealed.

9.44.030 Location of performers providing certain forms of entertainment restricted.

9.44.040 –

9.44.110 Repealed.

9.44.120 Body studios prohibited.

9.44.130 Repealed.

9.44.140 Repealed.

9.44.010 Definitions.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.1, 1984).

9.44.020 Unlawful public exposure.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.2, 1984).

9.44.030 Location of performers providing certain forms of entertainment restricted.

No entertainer shall appear in any public place while unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed. (Ord. 1060, 1985; Ord. 1053 § 12.3, 1984).

9.44.040 Unlawful public exposure – Exemptions.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.4, 1984).

9.44.050 Unlawful public exposure – Affirmative defenses.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.5, 1984).

9.44.060 Prostitution – Designated.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.6, 1984).

9.44.070 Prostitution – Sex of parties immaterial, no defense.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.7, 1984).

9.44.080 Prostitution – Permitting.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.8, 1984).

9.44.090 Patronizing a prostitute.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.9, 1984).

9.44.100 Public indecency.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.10, 1984).

9.44.110 Public display of sexually explicit material.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.11, 1984).

9.44.120 Body studios prohibited.

It is unlawful for any person to operate, conduct or maintain a body studio, or to knowingly participate in any business or conduct related thereto on the premises of a body studio, or to knowingly be employed on such premises. (Ord. 1060, 1985; Ord. 1053 § 12.12, 1984).

9.44.130 Facilitating offense.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.13, 1984).

9.44.140 Violation – Penalty.

Repealed by Ord. 1573. (Ord. 1060, 1985; Ord. 1053 § 12.14, 1984).

Chapter 9.46
PERJURY AND INTERFERENCE WITH OFFICIAL PROCEEDINGS

Sections:

9.46.010 State statutes adopted.

9.46.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.72.040 False swearing.

9A.72.150 Tampering with physical evidence.

(Ord. 1573 § 13, 2005).

Chapter 9.48
MARIJUANA

(Repealed by Ord. 1573)

Chapter 9.49
OBSTRUCTING GOVERNMENTAL OPERATION

Sections:

9.49.010 State statutes adopted.

9.49.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.76.020 Obstructing a law enforcement officer.

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

9A.76.040 Resisting arrest.

9A.76.080 Rendering criminal assistance second degree.

9A.76.090 Rendering criminal assistance third degree.

9A.76.170 Bail jumping.

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

(Ord. 1573 § 14, 2005).

Chapter 9.50
POSSESSION OF DRUG PARAPHERNALIA

(Repealed by Ord. 1573)

Chapter 9.52
OFFENSES BY OR AGAINST MINORS

Sections:

9.52.010 Delinquent child defined.

9.52.020 Contributing to delinquency of minor.

9.52.030 Repealed.

9.52.010 Delinquent child defined.

“Delinquent child” includes any person under the age of 18 years who violates any law of this state, or any ordinance of any town, city or county of this state. (Ord. 1053 § 14.1, 1984).

9.52.020 Contributing to delinquency of minor.

A. Any person who, by an any act or omission, encourages, causes or contributes to the delinquency of a delinquent child as defined above shall be guilty of contributing to the delinquency of a minor.

B. Contributing to the delinquency of a minor is a misdemeanor. (Ord. 1053 § 14.2, 1984).

9.52.030 Possession of tobacco by minors.

Repealed by Ord. 1573. (Ord. 1407 § 1, 1999).

Chapter 9.54
PUBLIC DISTURBANCE

Sections:

9.54.010 State statutes adopted.

9.54.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.84.020 Failure to disperse.

9A.84.030 Disorderly conduct.

9A.84.040 False reporting/information.

(Ord. 1573 § 15, 2005).

Chapter 9.56
LIQUOR OFFENSES

Sections:

Article I. General Provisions

9.56.010 Repealed.

Article II. Minors

9.56.020 Repealed.

9.56.030 Repealed.

9.56.040 Repealed.

9.56.050 Repealed.

Article III. Malt Liquor Kegs

9.56.060 Sales restrictions.

9.56.070 Receipt form.

9.56.080 Compliance required.

9.56.090 Repealed.

9.56.100 Repealed.

9.56.110 Repealed.

Article I. General Provisions

9.56.010 Liquor defined.

Repealed by Ord. 1573. (Ord. 1090 § 2, 1986; Ord. 1053 § 15.1, 1984).

Article II. Minors

9.56.020 Furnishing liquor prohibited.

Repealed by Ord. 1573. (Ord. 1090 § 2, 1986; Ord. 1053 § 15.2, 1984).

9.56.030 Possession or purchase of liquor prohibited.

Repealed by Ord. 1573. (Ord. 1090 § 2, 1986; Ord. 1053 § 15.3, 1984).

9.56.040 Frequenting taverns – Misrepresentation of age.

Repealed by Ord. 1573. (Ord. 1090 § 2, 1986; Ord. 1053 § 15.4, 1984).

9.56.050 Transfer of identification prohibited.

Repealed by Ord. 1573. (Ord. 1090 § 2, 1986; Ord. 1053 § 15.5, 1984).

Article III. Malt Liquor Kegs

9.56.060 Sales restrictions.

Any person who sells or offers for sale kegs or other containers containing six gallons or more of malt liquor to consumers who are not licensed under chapter 66.24 RCW shall:

A. Require the purchaser to sign a receipt for the beverage in substantially the form provided in BMC 9.56.070 and provide the following:

1. Two pieces of identification, one of which is a motor vehicle operator’s license number or Washington State identification card, or military identifications;

2. A sworn statement providing that the purchaser is of legal age to purchase, possess or use malt liquor, that the purchaser will not allow any person under the age of 21 to consume the beverage except as provided in RCW 66.44.270, and that the purchaser will not remove or obliterate the numbered label affixed to the container.

B. Record the identification of the keg or container for the purpose of tracing the item if the contents are consumed in violation of this code in the following manner:

1. Record the serial number of the keg or container on the receipt;

2. Identify the keg or container purchased by affixing a numbered label to the keg or container;

3. Record the identification number on the receipt. The original copy of the receipt shall be retained for a period of one year subject to inspection by Burlington police department. A copy of the receipt shall be provided to the purchaser.

C. Notify the Burlington police department each Monday in the event that the individual sale of malt liquor exceeds six gallons. (Ord. 1042 § 1, 1984).

9.56.070 Receipt form.

The form of the receipt required by BMC 9.56.060 shall be substantially in the following form:

RECEIPT FOR SALE OF MALT LIQUOR IN KEGS OR CONTAINERS TO UNLICENSED PERSONS

Date of Sale _______
Invoice No. _______

Keg Identification Number (s) _______

Brand_______
Keg Capacity _______
No. of Kegs _______
Total Gallons_______

Name of Purchaser ______________

Address ______________

Motor Vehicle Operator’s License Number ______________

Washington State Identification Card ______________

Other Identification ______________

I declare that under penalty of violation of Burlington Ordinance No. ___ that the information provided in this receipt is true and correct and that I am over the legal age to purchase, possess or use malt liquor, that I will not allow the malt liquor purchased and identified by this receipt to be consumed by any person who is under the age of twenty-one (21) except as provided by Burlington Code 9.56.030 and RCW 66.44.270, and that I will not remove or obliterate the numbered identification label affixed to the container.

__________________
Signature of Purchaser

Identity of Seller ________________

Address of Licensed Premises
________________________

NOTICE

It is unlawful for any person under the age of twenty-one (21) years to acquire in any manner, consume or have in his or her possession, any intoxicating liquor, provided that the foregoing shall not apply in the case of liquor given or permitted to be given to such person under the age of twenty-one (21) years by his parent or guardian for beverage or medicinal purposes in the home or administered to him by his physician or dentist for medicinal purposes. A person who signs this receipt with knowledge that any information in the receipt is false does so in violation of Burlington Ordinance No. ____. Violation of any of the provisions of that ordinance is a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

(Ord. 1042 § 2, 1984).

9.56.080 Compliance required.

It is unlawful for any person to sell or offer for sale or to purchase any keg or container containing six gallons or more of malt liquor except upon compliance with BMC 9.56.060 and 9.56.070. (Ord. 1042 § 3, 1984).

9.56.090 False information – Supplying prohibited.

Repealed by Ord. 1573. (Ord. 1042 § 4, 1984).

9.56.100 False information – Sales with knowledge prohibited.

Repealed by Ord. 1573. (Ord. 1042 § 5, 1984).

9.56.110 Violation – Penalty.

Repealed by Ord. 1573. (Ord. 1042 § 6, 1984).

Chapter 9.60
WEAPONS

(Repealed by Ord. 1573)

Chapter 9.61
INDECENT EXPOSURE – PROSTITUTION

Sections:

9.61.010 State statutes adopted.

9.61.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9A.88.010 Indecent exposure.

9A.88.030 Prostitution.

9A.88.050 Prostitution – Sex of parties immaterial.

9A.88.090 Permitting prostitution.

9A.88.110 Patronizing a prostitute.

(Ord. 1573 § 16, 2005).

Chapter 9.63
GENERAL PROVISIONS

Sections:

9.63.010 State statutes adopted.

9.63.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.01.055 Citizen immunity if aiding officer, scope – When.

9.01.110 Omission, when not punishable.

9.01.120 Civil remedies preserved.

9.01.160 Application to existing civil rights.

(Ord. 1573 § 17, 2005).

Chapter 9.64
LITTERING

(Repealed by Ord. 1573)

Chapter 9.65
ANIMALS, CRIMES RELATING TO

Sections:

9.65.010 State statutes adopted.

9.65.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.08.070 Pet animals – Taking, concealing, injury, killing, etc.

(Ord. 1573 § 18, 2005).

Chapter 9.68
RESTITUTION

(Repealed by Ord. 1573)

Chapter 9.71
FIRE, CRIMES RELATING TO

Sections:

9.71.010 State statutes adopted.

9.71.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.40.100 Tampering with fire alarm/equipment – False alarms.

(Ord. 1573 § 19, 2005).

Chapter 9.72
FIREWORKS

Sections:

9.72.010 Definitions.

9.72.020 Findings of fact.

9.72.030 Implementation of statutes.

9.72.040 Possession, use, sale, and discharge of fireworks unlawful.

9.72.050 Exceptions.

9.72.060 Permit required – Public display of fireworks.

9.72.070 Application for public display permit.

9.72.080 Permit fees.

9.72.090 Issuance – Nontransferable – Voiding.

9.72.100 State-licensed pyrotechnician required.

9.72.110 Reinforcement of fire protection.

9.72.120 Revocation of permit.

9.72.130 Seizure of fireworks.

9.72.140 Penalty.

9.72.010 Definitions.

The following definitions set forth in chapter 70.77 RCW as now stated or hereafter amended are hereby adopted by reference:

RCW

70.77.126 Definitions – “Fireworks.”

70.77.131 Definitions – “Display fireworks.”

70.77.136 Definitions – “Consumer fireworks.”

70.77.138 Definitions – “Articles pyrotechnic.”

70.77.141 Definitions – “Agricultural and wildlife fireworks.”

70.77.146 Definitions – “Special effects.”

70.77.160 Definitions – “Public display of fireworks.”

70.77.165 Definitions – “Fire nuisance.”

70.77.170 Definitions – “License.”

70.77.175 Definitions – “Licensee.”

70.77.177 Definitions – “Local fire official.”

70.77.180 Definitions – “Permit.”

70.77.182 Definitions – “Permittee.”

70.77.190 Definitions – “Person.”

70.77.200 Definitions – “Importer.”

70.77.205 Definitions – “Manufacturer.”

70.77.210 Definitions – “Wholesaler.”

70.77.215 Definitions – “Retailer.”

70.77.230 Definitions – “Pyrotechnic operator.”

70.77.236 Definitions – “New fireworks item.”

70.77.241 Definitions – “Permanent storage” – “Temporary storage.”

(Ord. 1548 § 1, 2004).

9.72.020 Findings of fact.

The city council hereby makes the following findings of fact:

A. The risks of fires and the danger to public safety and property damages are increased by the sale and use of fireworks within the city.

B. The types of fireworks involved in fires within the city include both illegal fireworks, and legal (common) fireworks as defined in RCW 70.77.136.

C. Banning the use of all fireworks within the city is rationally related to the legislative purpose of reducing and/or eliminating the risk of major property damage and risk to public safety which results from the sale, possession and use of any fireworks. (Ord. 1548 § 1, 2004).

9.72.030 Implementation of statutes.

This chapter is intended to implement chapter 70.77 RCW, and shall be construed in accordance with that statute and any and all administrative regulations issued pursuant thereto. (Ord. 1548 § 1, 2004).

9.72.040 Possession, use, sale, and discharge of fireworks unlawful.

No person, firm, or corporation shall possess, offer for sale, expose for sale, sell at retail, or use or explode any fireworks, except as herein provided in BMC 9.72.050. (Ord. 1548 § 1, 2004).

9.72.050 Exceptions.

This chapter shall not be construed to prohibit the following:

A. The sale, transportation, handling, or use of industrial pyrotechnic devices or fireworks, such as railroad torpedoes, fusees, automotive, aeronautical, and marine flares and smoke signals; or

B. The sale and use of blank cartridges for signal or ceremonial purposes; in athletics or sports; or legal power tools; or

C. The transportation, handling, or use of any pyrotechnic devices by the armed forces of the United States; or

D. The use of pyrotechnics in training by the fire service, law enforcement, or similar government agencies; or

E. In accordance with RCW 70.77.311, the use of common fireworks and such audible ground devices such as firecrackers, salutes, and chasers if:

1. Purchased from a licensed manufacturer, importer, or wholesaler;

2. For use on prescribed dates and locations;

3. For religious or specific purposes; and

4. A permit is obtained from the city; provided, that no fee shall be charged for such permit; or

F. Public fireworks displays authorized by permit issued by the city pursuant to RCW 70.77.260(2); or

G. Pursuant to RCW 70.77.405, the sale and use of trick and novelty devices as defined in WAC 212-17-030, as amended; or

H. The use of agricultural and wildlife fireworks as defined in WAC 212-17-045, as amended; or

I. The assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city to purchase, possess, transport or use such fireworks. (Ord. 1548 § 1, 2004).

9.72.060 Permit required – Public display of fireworks.

It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. (Ord. 1548 § 1, 2004).

9.72.070 Application for public display permit.

A. Applications for a permit to hold, conduct or operate a public display of fireworks as defined under chapter 70.77 RCW shall be made to the fire chief. Such a permit shall also require the approval of the police chief or designee. Applications shall be made not less than 14 days prior to the display. Applicants shall meet all qualifications and requirements of state law regarding the public display of fireworks, and all requirements of Article 78 of the Uniform Fire Code, as adopted by the city. Applicants for a public display permit shall hold a pyrotechnic operator license, as set forth in BMC 9.72.100.

B. Except as provided in RCW 70.77.355, the applicant for a permit for a public display of fireworks shall include with the application evidence of a bond issued by an authorized surety company. The bond shall be in the amount required by RCW 70.77.295 and shall be conditioned upon the applicant’s payment of all damages to persons or property resulting from or caused by such public display of fireworks, or any negligence on the part of the applicant or its agents, servants, employees, or subcontractors in the presentation of the display. Instead of a bond, the applicant may include a certificate of insurance evidencing the carrying of appropriate liability insurance in the amount required by RCW 70.77.295 for the benefit of the person named therein as assured, as evidence of ability to respond in damages. (Ord. 1548 § 1, 2004).

9.72.080 Permit fees.

The fee for a public display permit for the public display of fireworks shall be $100.00, payable in advance. (Ord. 1548 § 1, 2004).

9.72.090 Issuance – Nontransferable – Voiding.

Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee, and shall be nontransferable. Any transfer or unauthorized use of a permit shall void the permit granted in addition to all other sanctions provided in this chapter. (Ord. 1548 § 1, 2004).

9.72.100 State-licensed pyrotechnician required.

Applicants shall hold a pyrotechnic operator license issued by the state as defined by chapter 70.77 RCW and chapter 212-17 WAC. All public fireworks displays shall be planned, organized and discharged by a state-licensed pyrotechnician. (Ord. 1548 § 1, 2004).

9.72.110 Reinforcement of fire protection.

When, in the discretion of the fire chief, additional standby firefighting resources are necessary to preserve the public health, safety and welfare, a public display permit may require that the permittee fund such additional firefighting resources. Firefighters shall receive a minimum compensation as per the Washington State Association of Fire Chiefs’ fee schedule. All compensation for fire department apparatus will be as per the Washington State Association of Fire Chiefs’ fee schedule and shall be designated to the general fund. (Ord. 1548 § 1, 2004).

9.72.120 Revocation of permit.

Any public display permit may be immediately revoked at any time deemed necessary by the fire chief due to any noncompliance with permit conditions, or unforeseen weather conditions such as extremely low humidity or high winds. The display may also be canceled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display. This provision shall be construed as supplementing Section 7802.4.9.5 of the Uniform Fire Code as adopted by the city, and shall not be construed as a limitation of that section of the Uniform Fire Code. (Ord. 1548 § 1, 2004).

9.72.130 Seizure of fireworks.

Pursuant to RCW 70.77.435, any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this chapter are subject to seizure by law enforcement officers of the city of Burlington. (Ord. 1572 § 1, 2005; Ord. 1548 § 1, 2004).

9.72.140 Penalty.

A. This chapter is adopted for the general benefit of the public, and not for the particular benefit of any individual person or group of persons.

B. Any person, firm, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction of such violation, such person, firm or corporation shall be subject to punishment by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or both such fine and imprisonment.

C. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section is a gross misdemeanor.

D. A person is guilty of a separate offense for each day during which he or she commits or continues a violation of any provision of this chapter. (Ord. 1548 § 1, 2004).

Chapter 9.76
FIREARMS AND DANGEROUS WEAPONS

Sections:

9.76.010 State statutes adopted.

9.76.020 Stun guns, tasers and similar devices.

9.76.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.41.050 Carrying firearms.

9.41.098 Forfeiture of firearms – Disposition – Confiscation.

9.41.230 Aiming or discharging a firearm, dangerous weapons.

9.41.240 Possession of a pistol ages 18 – 21.

9.41.250 Dangerous weapon – Penalty.

9.41.270 Weapon capable of producing bodily harm/unlawful – Carrying.

9.41.280 Possessing dangerous weapons on school grounds.

9.41.300 Weapons prohibited in certain places.

(Ord. 1573 § 20, 2005).

9.76.020 Stun guns, tasers and similar devices.

A. Possession, Sale or Use Prohibited. It shall be unlawful for any individual, person, firm, corporation, or other entity to sell, give, lend, rent, or otherwise transfer to any other individual, person, firm, corporation, or similar entity a stun gun, taser, or similar electronic or energy device or weapon which, upon coming in contact with a person, is capable of inflicting injury or an electric or energy shock to such a person. It shall further be unlawful for any person to possess, fire, or discharge such electronic or energy device or weapon within the Burlington city limits.

B. Exceptions. This section shall not apply to any member of the Burlington police department, any other authorized law enforcement or corrections officer while in the performance of his or her official duties, any member of the armed services while in the performance of his or her official duties, or to any electronic or energy device or weapon designed solely and exclusively for animal control purposes.

C. Penalties. Any violation of this section is a misdemeanor. (Ord. 1603 § 1, 2006).

Chapter 9.80
GAMBLING – 1973 ACT

Sections:

9.80.010 State statutes adopted.

9.80.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.46.1962 Cheating in the second degree for crimes committed after 1984.

(Ord. 1573 § 21, 2005).

Chapter 9.84
INHALING TOXIC FUMES

Sections:

9.84.010 State statutes adopted.

9.84.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.47A.020 Unlawful inhalation.

9.47A.030 Possession of inhalants.

9.47A.040 Sale of inhalants.

(Ord. 1573 § 22, 2005).

Chapter 9.88
MALICIOUS MISCHIEF – INJURY TO PROPERTY

Sections:

9.88.010 State statutes adopted.

9.88.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.61.230 Telephonic harassment.

9.61.260 Cyberstalking.

(Ord. 1573 § 23, 2005).

Chapter 9.92
OBSCENITY AND PORNOGRAPHY

Sections:

9.92.010 State statutes adopted.

9.92.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.68.130 Sexually explicit material – Defined – Unlawful display.

(Ord. 1573 § 24, 2005).

Chapter 9.96
SEXUAL EXPLOITATION OF CHILDREN

Sections:

9.96.010 State statutes adopted.

9.96.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.68A.090 Communicating with a minor for immoral purposes.

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

(Ord. 1573 § 25, 2005).

Chapter 9.100
DUTY OF WITNESSES¹

Sections:

9.100.010 State statutes adopted.

9.100.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

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

(Ord. 1573 § 26, 2005).

Chapter 9.104
MISCELLANEOUS CRIMES²

Sections:

9.104.010 State statutes adopted.

9.104.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

9.91.025 Unlawful bus conduct.

9.91.060 Leaving children unattended in parked automobile.

9.91.160 Personal protection spray devices.

(Ord. 1573 § 27, 2005).

Chapter 9.108
DOMESTIC RELATIONS³

Sections:

9.108.010 State statutes adopted.

9.108.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

26.09.300 Restraining orders – Notice – Refusal to comply.

26.50.110 Violation of order – Penalties.

(Ord. 1573 § 28, 2005).

Chapter 9.112
AGE OF MAJORITY (TOBACCO/TATTOOING BY MINORS)⁴

Sections:

9.112.010 State statutes adopted.

9.112.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

26.28.080 Selling or giving of tobacco by minors.

26.28.085 Applying tattoo to minor.

(Ord. 1573 § 29, 2005).

Chapter 9.116
LIQUOR PERMITS (UNLAWFUL ACTS RELATING TO IDENTIFICATION OR CERTIFICATION CARD)⁵

Sections:

9.116.010 State statutes adopted.

9.116.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

66.20.200 Unlawful acts relating to ID or certification card.

(Ord. 1573 § 30, 2005).

Chapter 9.120
ALCOHOLIC BEVERAGE CONTROL – ENFORCEMENT – PENALTIES⁶

Sections:

9.120.010 State statutes adopted.

9.120.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

66.44.100 Opening or consuming liquor in a public place.

66.44.250 Drinking in public conveyance.

66.44.270 Furnishing liquor to a minor/

(2)(a) possession/use.

66.44.290 Minor purchasing or attempting to purchase liquor.

66.44.310 Minor frequenting a tavern – Off limits.

66.44.325 Unlawful transfer of identification to a minor.

(Ord. 1573 § 31, 2005).

Chapter 9.124
FOODS, DRUGS, COSMETICS AND POISONS⁷

Sections:

9.124.010 State statutes adopted.

9.124.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine.

69.50.102 Possession of drug paraphernalia.

69.50.4014 Possession of marijuana 40 grams or less.

(Ord. 1573 § 32, 2005).

Chapter 9.128
PUBLIC HEALTH AND SAFETY⁸

Sections:

9.128.010 State statutes adopted.

9.128.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

70.74.310 Gas bombs, explosives, stink bombs.

70.77.255 Fireworks – Acts prohibited without appropriate licenses/permits.

70.93.060 Littering prohibited.

(Ord. 1573 § 33, 2005).

Chapter 9.132
FISH AND WILDLIFE (FIREARMS IN VEHICLES)⁹

Sections:

9.132.010 State statutes adopted.

9.132.010 State statutes adopted.

The following statutes of the state of Washington are hereby adopted by reference as they now exist or hereafter may be modified:

RCW

77.15.460 Loaded firearm in vehicle – Unlawful use or possession.

(Ord. 1573 § 34, 2005).

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Footnotes

¹Code reviser’s note: Ordinance 1573 adds these provisions as chapter 10.00. The chapter has been editorially renumbered to retain all criminal code provisions in Title 9.

²Code reviser’s note: Ordinance 1573 adds these provisions as chapter 10.04. The chapter has been editorially renumbered to retain all criminal code provisions in Title 9.

³Code reviser’s note: Ordinance 1573 adds these provisions as chapter 10.08. The chapter has been editorially renumbered to retain all criminal code provisions in Title 9.

⁴Code reviser’s note: Ordinance 1573 adds these provisions as chapter 10.12. The chapter has been editorially renumbered to retain all criminal code provisions in Title 9.

⁵Code reviser’s note: Ordinance 1573 adds these provisions as chapter 10.16. The chapter has been editorially renumbered to retain all criminal code provisions in Title 9.

⁶Code reviser’s note: Ordinance 1573 adds these provisions as chapter 10.20. The chapter has been editorially renumbered to retain all criminal code provisions in Title 9.

⁷Code reviser’s note: Ordinance 1573 adds these provisions as chapter 10.24. The chapter has been editorially renumbered to retain all criminal code provisions in Title 9.

⁸Code reviser’s note: Ordinance 1573 adds these provisions as chapter 10.28. The chapter has been editorially renumbered to retain all criminal code provisions in Title 9.

⁹Code reviser’s note: Ordinance 1573 adds these provisions as chapter 10.32. The chapter has been editorially renumbered to retain all criminal code provisions in Title 9.