Chapter 5.01
PRELIMINARY ARTICLE
Sections:
5.01.010 General provisions.
5.01.020 Principles of liability.
5.01.030 Defenses.
5.01.035 Restitution.
5.01.040 Contempt.
5.01.045 Notice, failure to sign, nonappearance, failure to satisfy – Penalty.
5.01.050 Construction.
5.01.060 Severability.
5.01.070 Amendments to state statutes.
5.01.010 General provisions.
The following statutes of the state of Washington are adopted by reference:
RCW
9.01.055 Citizen immunity of aiding officer
9.01.110 Omission, when not punishable
9.01.120 Civil remedies preserved
9.01.130 Sending letter, when complete
9.01.160 Application to existing civil rights
9A.04.020 Purposes – Principles of construction
9A.04.040 Classification of crimes
9A.04.050 People capable of committing crimes (capability of children)
9A.04.060 Common law to supplement statutes
9A.04.070 Who amenable to criminal statutes
9A.04.090 Application of general provisions of the code
9A.04.100 Proof beyond a reasonable doubt
9A.04.110 Definitions
Chapter 89, Sections 16 and 17, Laws of 1993 amending RCW 15.60.150 and 15.60.170 establishing criminal penalties for violation of the state beekeeping statutes.
Chapter 208, Section 2, Laws of 1993 amending RCW 14.20.020, establishing criminal penalties for acting as an aircraft dealer without a valid aircraft dealer's license. [Ord. 2948 § 1, 1993; Ord. 2853 § 1, 1991; Ord. 2531, 1985].
5.01.020 Principles of liability.
The following statutes of the state of Washington are adopted by reference:
RCW
9A.08.010 General requirements of culpability
9A.08.020 Liability of conduct of another, complicity
9A.08.030 Criminal liability of corporations and persons acting under a duty to act in their behalf
[Ord. 2531, 1985].
5.01.030 Defenses.
The following statutes of the state of Washington are adopted by reference:
RCW
9A.12.010 Insanity
9A.16.010 Definition
9A.16.020 Use of force – When lawful
9A.16.060 Duress
9A.16.070 Entrapment
9A.16.080 Action for being detained on mercantile establishment of premises for investigation – “Reasonable grounds” as defense
9A.16.090 Intoxication
9A.16.106 Use of force on children
[Ord. 2853 § 2, 1991; Ord. 2531, 1985].
5.01.035 Restitution.
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 in court, in lieu of imposing all or any part of the fine authorized by law, the court may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain or the victim's loss from the commission of a crime. Such amount shall be used to provide restitution to the victim at the order of the court. In such a 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 findings, the court may conduct a hearing upon the issue. For the purposes of this section, the term gain or loss refers to the amount of the money or the value of the property or services gained or lost. [Ord. 2853 § 3, 1991].
5.01.040 Contempt.
The following statutes of the state of Washington are hereby adopted by reference:
RCW
7.21.010 Definitions
7.21.020 Sanctions – Who may impose
7.21.030 Remedial sanctions – Payment for losses
7.21.040 Punitive sanctions – Fines
7.21.050 Sanctions – Summary impositions – Procedure
7.21.060 Administrative actions or proceedings – Petition to court for imposition of sanctions
7.21.070 Appellate review
[Ord. 3253 § 1, 1999].
5.01.045 Notice, failure to sign, nonappearance, failure to satisfy – Penalty.
A. This section shall only apply to violations that do not impose jail as a possible penalty. These shall include, but are not limited to, any notice of violation, misdemeanor or gross misdemeanor that only includes a fine as a penalty (such as violations of the animal code), or any other violation that does not impose any jail as a sentence, but only a monetary penalty.
B. Any person who is required and fails to sign any notice of violation that meets the above criteria, shall be guilty of a misdemeanor.
C. Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of violation as referred to in this chapter shall be guilty of a misdemeanor regardless of the disposition of the violation. A written promise to appear in court or a written promise to respond to a notice of violation may be complied with by an appearance by counsel.
D. A person who willfully fails to pay a monetary penalty or to perform community service as required by the court may be found in contempt of court as provided in ECC 5.01.040 and as provided for in Chapter 7.21 RCW. [Ord. 2975 § 1, 1994].
5.01.050 Construction.
In a opting the foregoing state statutes by reference, only those crimes and offenses within the jurisdiction of a noncharter city are intended to be adopted and in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors is to be applied. [Ord. 2531, 1985].
5.01.060 Severability.
If any section, sentence, clause or phrase of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this title. [Ord. 2531, 1985].
5.01.070 Amendments to state statutes.
The amendment of any state statute adopted by reference in this title shall be deemed to amend the corresponding section of this chapter, and it shall not be necessary for the city council to take any action with respect to such amendment. [Ord. 2654 § 1, 1988].