Chapter 6
CRIMINAL CODE

Articles:

I. In General

II. Alcoholic Beverages

III. Crimes Relating to Children and Minors

IV. Controlled Substances, Paraphernalia, Poisons and Toxic Fumes

V. Crimes Relating to Fire

VI. Firearms and Dangerous Weapons

VII. Frauds, Swindles and False Representations

VIII. Crimes Relating to Persons

IX. Crimes Relating to Property

X. Crimes Relating to Public Morals

XI. Crimes Relating to Public Officers

XII. Crimes Relating to Public Peace

XIII. Miscellaneous Crimes

XIV. Public Nuisance

XV. Gambling

Article I.
IN GENERAL

Sections:

6-1 Retroactive effect.

6-2 General provisions.

6-3 Principles of liability.

6-4 Defenses.

6-5 Contempt.

6-6 Anticipatory offenses prohibited.

6-7 Penalty.

6-8 Construction.

6-9 Restitution authorized as a condition of sentence.

6-10 – 6-35 Reserved.

6-1 Retroactive effect.

The provisions of this chapter do not apply to or govern the construction of and punishment for any offense committed prior to April 1, 1991, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this chapter had not been enacted. (Ord. No. 91-89, § 1(9.01.010), 3-5-91)

6-2 General provisions.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.01.055, Citizen immunity if aiding officer.

(2) RCW 9.01.110, Omission, when not punishable.

(3) RCW 9.01.130, Sending letter, when complete.

(4) RCW 9A.04.020, Purposes – Principles of construction.

(5) RCW 9A.04.040, Classes of crime.

(6) RCW 9A.04.050, People capable of committing crimes – Capability of children.

(7) RCW 9A.04.060, Common law to supplement statutes.

(8) RCW 9A.04.070, Who amenable to criminal statutes.

(9) RCW 9A.04.090, Application of general provisions of the code.

(10) RCW 9A.04.100, Proof beyond a reasonable doubt.

(11) RCW 9A.04.110, Definitions. (Ord. No. 91-89, § 1(9.01.020), 3-5-91)

6-3 Principles of liability.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9A.08.010, General requirements of culpability.

(2) RCW 9A.08.020, Liability of conduct of another – Complicity.

(3) RCW 9A.08.030, Criminal liability of corporations and persons acting under a duty to act in their behalf. (Ord. No. 91-89, § 1(9.01.030), 3-5-91)

6-4 Defenses.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9A.12.010, Insanity.

(2) RCW 9A.16.010, Definition.

(3) RCW 9A.16.020, Use of force – When lawful.

(4) RCW 9A.16.060, Duress.

(5) RCW 9A.16.070, Entrapment.

(6) RCW 9A.16.080, Action for being detained on mercantile establishment of premises for investigation – “Reasonable grounds” as defense.

(7) RCW 9A.16.090, Intoxication.

(8) RCW 9A.16.120, Outdoor music festival, campground – Detention. (Ord. No. 91-89, § 1(9.01.040), 3-5-91; Ord. No. 04-458, § 1, 2-3-04)

6-5 Contempt.

The following state statutes, including all future amendments, additions or deletions, are hereby adopted by reference:

(1) RCW 7.21.010, Definitions.

(2) RCW 7.21.020, Sanctions – Who may impose.

(3) RCW 7.21.030, Remedial sanctions – Payment for losses.

(4) RCW 7.21.040, Punitive sanctions – Fines.

(5) RCW 7.21.050, Sanctions – Summary imposition – Fines.

(6) RCW 7.21.060, Administrative actions or proceedings – Petition to court for imposition of sanctions.

(7) RCW 7.21.070, Appellant review. (Ord. No. 91-89, § 1(9.01.050), 3-5-91)

6-6 Anticipatory offenses prohibited.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9A.28.020(1), (2), (3)(e), Criminal attempt.

(2) RCW 9A.28.030, Criminal solicitation.

(3) RCW 9A.28.040(1), (2), (3)(e), Criminal conspiracy. (Ord. No. 91-89, § 1(9.08.010), 3-5-91)

6-7 Penalty.

(a) Any person convicted of a gross misdemeanor shall be punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed one year, or by both such fine and imprisonment.

(b) Unless otherwise provided, any person convicted of violating the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.

(c) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. (Ord. No. 91-89, § 1(9.01.060), 3-5-91)

6-8 Construction.

In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. (Ord. No. 91-89, § 1(9.01.070), 3-5-91)

6-9 Restitution authorized as a condition of sentence.

(a) Restitution shall be ordered by the court whenever a person is convicted of a crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate in the court’s judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the defendant pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the defendant be required to pay restitution to a victim of an offense or offenses that are not prosecuted pursuant to a plea agreement. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim.

(b) Restitution shall be ordered by the court whenever a person is convicted of any charge of hit and run, whether involving persons, property, or attended vehicles under FWCC 15-1 or Chapter 46.52 RCW. This restitution shall include:

(1) Damages for injury, property loss and/or lost wages attributable to leaving the scene of the accident or collision in all cases; and

(2) Damages for injury, property loss and/or lost wages where there is a preponderance of evidence that the convicted person was at fault in the underlying accident or collision.

(c) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within 180 days. The court may continue the hearing beyond the 180 days for good cause. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender’s gain or the victim’s loss from the commission of the crime.

(d) The city or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim’s loss when there is more than one victim. (Ord. No. 02-429, § 1, 11-19-02; Ord. No. 05-500, § 1, 9-20-05)

6-10 – 6-35 Reserved.

Article II.
ALCOHOLIC BEVERAGES

Sections:

6-36 Adoption of statutes.

6-37 Furnishing liquor to minors – Possession, use – Penalties – Exhibition of effects – Exceptions.

6-38 Repealed.

6-39 – 6-60 Reserved.

6-36 Adoption of statutes.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference and wherever the word “title” or words “this title” are used therein the same shall be construed to mean and refer to RCW Title 66 and “this act” shall mean and refer to the Washington State Liquor Act:

(1) RCW 66.04.010, Definitions.

(2) RCW 66.20.200, Unlawful acts relating to card of identification and certification card.

(3) RCW 66.20.210, Licensee’s immunity to prosecution or suit – Certification card as evidence of good faith.

(4) RCW 66.20.300, Alcohol servers – Definitions.

(5) RCW 66.20.310, Alcohol servers – Permits – Requirements – Suspension, revocation – Violations – Exemptions.

(6) RCW 66.28.090, Licensed premises open to inspection – Failure to allow.

(7) RCW 66.28.200, Keg registration – Special endorsement for grocery store license – Requirements of seller.

(8) RCW 66.28.210, Keg registration – Requirements of purchaser.

(9) RCW 66.28.220, Keg registration – Identification of containers – Rules – Fees – Sale in violation of rules unlawful.

(10) RCW 66.44.010, Local officers to enforce law – Authority of board – Liquor enforcement officers.

(11) RCW 66.44.040, Sufficiency of description of offenses in complaints, informations, process, etc.

(12) RCW 66.44.050, Description of offense in words of statutes – Proof required.

(13) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.

(14) RCW 66.44.070, Certified analysis is prima facie evidence of alcoholic content.

(15) RCW 66.44.080, Service of process on corporation.

(16) RCW 66.44.090, Acting without license.

(17) RCW 66.44.100, Opening or consuming liquor in public place – Penalty.

(18) RCW 66.44.120, Unlawful use of seal.

(19) RCW 66.44.130, Sale of liquor by drink or bottle.

(20) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash.

(21) RCW 66.44.150, Buying liquor illegally.

(22) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.

(23) RCW 66.44.170, Illegal possession of liquor with intent to sell – Prima facie evidence, what is.

(24) RCW 66.44.175, Violations of law.

(25) RCW 66.44.180, General penalties – Jurisdiction for violation.

(26) RCW 66.44.200, Sales to persons apparently under the influence of liquor.

(27) RCW 66.44.210, Obtaining liquor for ineligible person.

(28) RCW 66.44.240, Drinking in public conveyance – Penalty against carrier – Exception.

(29) RCW 66.44.250, Drinking in public conveyance – Penalty against individual – Restricted application.

(30) RCW 66.44.280, Minor applying for permit.

(31) RCW 66.44.290, Minor purchasing liquor.

(32) RCW 66.44.300, Treating minor, etc., in public place where liquor sold.

(33) RCW 66.44.310, Minor frequenting tavern or cocktail lounge, misrepresentation of age.

(34) RCW 66.44.320, Sales of liquor to minors a violation.

(35) RCW 66.44.325, Unlawful transfer to a minor of an identification card.

(36) RCW 66.44.328, Unlawful to transfer to a minor of a forged, altered, etc., identification card.

(37) RCW 66.44.340, Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees.

(38) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees.

(39) RCW 66.44.370, Resisting or opposing officers in enforcement of title. (Ord. No. 91-89, § 1(9.04.010), 3-5-91; Ord. No. 00-367, § 1, 3-21-00; Ord. No. 02-429, § 2, 11-19-02; Ord. No. 04-458, § 2, 2-3-04)

6-37 Furnishing liquor to minors – Possession, use – Penalties – Exhibition of effects – Exceptions.

RCW 66.44.270, including all future amendments, additions or deletions, is hereby adopted by reference:

(a) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, “premises” includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in Chapter 9A.20 RCW.

(b) (1) It is unlawful for any person under the age of 21 years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in Chapter 9A.20 RCW.

(2) It is unlawful for a person under the age of 21 years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she is under the influence of liquor. This subsection (b)(2) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (d) or (e) of this section.

(c) Subsections (a) and (b)(1) of this section do not apply to liquor given or permitted to be given to a person under the age of 21 years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of 21 years on any premises licensed under Chapter 66.24 RCW.

(d) This section does not apply to liquor given for medicinal purposes to a person under the age of 21 years by a parent, guardian, physician, or dentist.

(e) This section does not apply to liquor given to a person under the of 21 years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

(f) Conviction or forfeiture of bail for a violation of this section by a person under the age of 21 years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of 21 years.

(Ord. No. 99-362, § 1, 12-21-99)

6-38 Opening or consuming liquor or possessing open container of liquor in public place.

Repealed by Ord. No. 00-367. (Ord. No. 91-89, § 1(9.04.030), 3-5-91)

6-39 – 6-60 Reserved.

Article III.
CRIMES RELATING TO
CHILDREN AND MINORS

Sections:

6-61 Statutes adopted.

6-62 Contributing to the delinquency of a minor.

6-63 Leaving children unattended.

6-64 Acts prohibited.

6-65 Defenses.

6-66 – 6-85 Reserved.

6-61 Statutes adopted.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.02.050, Concealing birth.

(2) RCW 9A.42.010, Definitions.

(3) RCW 9A.42.035, Criminal mistreatment in the third degree.

(4) RCW 9A.42.037, Criminal mistreatment in the fourth degree.

(5) RCW 9A.42.080, Abandonment of a dependent person in the third degree.

(6) RCW 9A.42.090, Abandonment of a dependent person – Defense.

(7) RCW 9A.42.110, Leaving a child in the care of a sex offender.

(8) RCW 13.32A.080, Unlawful harboring of a minor – Penalty – Defense – Prosecution of adult for involving child in commission of offense.

(9) RCW 70.155.080, Purchasing, possessing by persons under eighteen – Civil infraction – Jurisdiction.

(10) RCW 70.155.105, Delivery sale of cigarettes – Requirements, unlawful practices – Penalties – Enforcement. (Ord. No. 91-89, § 1(9.10.010), 3-5-91; Ord. No. 91-106, § 1, 8-20-91; Ord. No. 00-374, § 1, 9-19-00; Ord. No. 02-429, § 3, 11-19-02; Ord. No. 04-463, § 1, 8-3-04)

6-62 Contributing to the delinquency of a minor.

In all cases when any child is dependent or delinquent as defined in RCW 13.34.030, any person who, by act or omission, knowingly encourages, causes, or contributes to the dependency or delinquency of such child shall be guilty of a misdemeanor. (Ord. No. 91-89, § 1(9.10.020), 3-5-91; Ord. No. 91-106, § 1, 8-20-91)

6-63 Leaving children unattended.

It is unlawful for any person having the care, custody and/or control of minor children under the age of eight years, to leave such children in a parked automobile unattended by a person over the age of 12 years, while such vehicle is standing upon a street or alley or in a public place. Every person convicted of a violation of the provisions of this section shall be guilty of leaving children unattended, a misdemeanor. (Ord. No. 91-89, § 1 (9.10.030), 3-5-91; Ord. No. 91-106, § 1, 8-20-91)

6-64 Acts prohibited.

No person shall sell or give, or permit to be sold or given to any person under the age of 18 years any cigar, cigarette, cigarette paper or wrapper or tobacco in any form. (Ord. No. 93-178, § 1, 6-1-93)

6-65 Defenses.

It shall be no defense to a prosecution for a violation of FWCC 6-64 that the person acted, or was believed by the defendant to act, as agent or representative of another. (Ord. No. 93-178, § 1, 6-1-93)

6-66 – 6-85 Reserved.

Article IV.
CONTROLLED SUBSTANCES – PARAPHERNALIA, POISONS AND TOXIC FUMES

Sections:

6-86 Statutes adopted.

6-87 Drug paraphernalia – Possession prohibited.

6-88 Drug paraphernalia – Definitions.

6-89 Inhaling toxic fumes.

6-90 Poisons.

6-91 Drug-related loitering.

6-92 – 6-110 Reserved.

6-86 Statutes adopted.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 69.41.020, Prohibited acts – Information not privileged communication.

(2) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions.

(3) RCW 69.41.040, Prescription requirements – Penalty.

(4) RCW 69.41.050, Labelling requirements.

(5) RCW 69.41.320, Practitioners – Restricted use – Medical records.

(6) RCW 69.41.350, Penalties.

(7) RCW 69.43.105, Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Exceptions – Penalty.

(8) RCW 69.43.010, Report to state board of pharmacy – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties.

(9) RCW 69.43.020, Receipt of substance from source outside state – Report – Penalty.

(10) RCW 69.43.030, Exemptions.

(11) RCW 69.43.035, Suspicious transactions – Report – Penalty.

(12) RCW 69.43.043, Recordkeeping requirements – Penalty.

(13) RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance – Exemptions – Application for permit – Fee – Renewal – Penalty.

(14) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Penalty.

(15) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions.

(16) RCW 69.43.170, Ephedrine, pseudoephedrine, phenylpropanolamine – Pilot project to record retail transactions – Penalty.

(17) RCW 69.50.101, Definitions.

(18) RCW 69.50.204(d)(13), Schedule I – Marijuana.

(19) RCW 69.50.309, Containers.

(20) RCW 69.50.4014, Possession of forty grams or less of marijuana – Penalty.

(21) RCW 69.50.412, Prohibited acts: E – Penalties.

(22) RCW 69.50.505, Seizure and forfeiture.

(23) RCW 69.50.506, Burden of proof.

(24) RCW 69.50.509, Search and seizure of controlled substances. (Ord. No. 91-89, § 1(9.14.010), 3-5-91; Ord. No. 99-362, § 2, 12-21-99; Ord. No. 02-429, § 4, 11-19-02; Ord. No. 04-458, § 3, 2-3-04; Ord. No. 04-463, § 2, 8-3-04; Ord. No. 05-508, § 1, 11-1-05)

6-87 Drug paraphernalia – Possession prohibited.

No person shall possess any drug paraphernalia as defined in FWCC 6-88. Possession of drug paraphernalia is a misdemeanor. An individual’s first offense of this section is punishable by a mandatory penalty of 24 consecutive hours in jail and imposition of a $250.00 fine. Any subsequent offenses shall be punishable by a mandatory penalty of 24 consecutive hours in jail and a $500.00 fine. These fines shall be in addition to any other fine or penalty imposed. (Ord. No. 91-89, § 1(9.14.020), 3-5-91; Ord. No. 99-362, § 3, 12-21-99)

6-88 Drug paraphernalia – Definitions.

(a) As used in this article, “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, smoking, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:

(1) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(3) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

(5) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;

(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;

(9) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;

(10) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;

(11) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;

(12) A device “designed primarily for” such smoking or ingestion set forth in subsection (a) of this section is a device which has been fabricated, constructed, altered, adjusted or marked especially for use in the smoking, ingestion or consumption of marijuana, hashish, hashish oil, cocaine or any other “controlled substance,” and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding the fact that it might also be possible to use such device for some other purpose. Paraphernalia includes, but is not limited to, the following items or devices:

a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

b. Water pipes;

c. Carburetion tubes and devices;

d. Smoking and carburetion masks;

e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

f. Miniature cocaine spoons and cocaine vials;

g. Chamber pipes;

h. Carburetor pipes;

i. A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe” or otherwise;

j. Air-driven pipes;

k. Chillums;

l. A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a “bong” or otherwise;

m. A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a “buzz bomb” or otherwise;

n. A canister, container or other device with a tube, nozzle or other similar arrangement attached thereto so constructed as to permit the forcing of smoke accumulated therein into the user’s lungs under pressure, whether the device is known as a “power hitter” or otherwise;

o. A device for holding a marijuana cigarette, whether the device is known as a “roach clip” or otherwise;

p. A spoon for ingestion of a controlled substance through the nose;

q. A straw or tube for ingestion of a controlled substance through the nose or mouth;

r. A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;

s. Ice pipes or chillers.

(b) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use;

(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

(3) The proximity of the object, in time and space, to a direct violation of this article;

(4) The proximity of the object to controlled substances;

(5) The existence of any residue of controlled substances on the object;

(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;

(7) Instructions, oral or written, provided with the object concerning its use;

(8) Descriptive materials accompanying the object which explain or depict its use;

(9) National and local advertising concerning its use;

(10) The manner in which the object is displayed for sale;

(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(12) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(13) The existence and scope of legitimate uses for the object in the community; and

(14) Expert testimony concerning its use. (Ord. No. 91-89, § 1(9.14.030), 3-5-91)

6-89 Inhaling toxic fumes.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.47A.010, Definition.

(2) RCW 9.47A.020, Unlawful inhalation – Exception.

(3) RCW 9.47A.030, Possession of certain substances prohibited, when.

(4) RCW 9.47A.040, Sale of certain substances prohibited, when.

(5) RCW 9.47A.050, Penalty. (Ord. No. 91-89, § 1(9.14.040), 3-5-91; Ord. No. 00-374, § 2, 9-19-00)

6-90 Poisons.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 69.38.010, Poison defined.

(2) RCW 69.38.020, Exceptions.

(3) RCW 69.38.030, Poison register.

(4) RCW 69.38.040, Poison register – Penalty for violations.

(5) RCW 69.38.050, False representations.

(6) RCW 69.38.060, License required. (Ord. No. 91-89, § 1(9.14.050), 3-5-91)

6-91 Drug-related loitering.

(a) It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the intent to engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or 69.52 RCW.

(b) Among circumstances which may be considered to determine whether such intent is manifested are:

(1) Such person is known to use, possess, or sell illegal drugs. For purposes of this chapter, a “person known to use, possess, or sell illegal drugs” is a person who has been convicted in any court within this state of any violation involving the use, possession or sale of any of the substances referred to in Chapters 69.41, 69.50, and 69.52 RCW, or substantially similar laws of any political subdivision of this state or of any other state; or a person who displays physical characteristics of drug intoxication or usage, such as “needle tracks”; or a person who possesses drug paraphernalia as defined in FWCC 6-88;

(2) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful drug-related activity, including but not limited to acting as a “lookout”;

(3) Such person is physically identified by the officer as a member of a “gang” or association which has as its purpose illegal drug activity;

(4) Such person transfers small objects or packages for currency in a furtive fashion;

(5) Such person takes flight upon the appearance of a police officer;

(6) Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity;

(7) The area or premises involved is known by law enforcement to be an area of unlawful drug use and trafficking, known either by public reputation or by reports to law enforcement of suspected drug activity pursuant to Chapter 69.52 RCW;

(8) Any vehicle involved is registered to a person known to use, possess or sell illegal drugs, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.

(c) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be imprisoned for up to 90 days and be subject to a fine for not more than $1,000. (Ord. No. 06-518, § 1, 3-7-06)

6-92 – 6-110 Reserved.

Article V.
CRIMES RELATING TO FIRE

Sections:

6-111 Reckless burning.

6-112 False fire alarms and miscellaneous crimes.

6-113 – 6-135 Reserved.

6-111 Reckless burning.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9A.48.010, Definitions.

(2) RCW 9A.48.050, Reckless burning in the second degree.

(3) RCW 9A.48.060, Reckless burning – Defenses. (Ord. No. 91-89, § 1(9.18.010), 3-5-91)

6-112 False fire alarms and miscellaneous crimes.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.40.040, Operating engine or boiler without spark arrester.

(2) RCW 9.40.100, Injuring or tampering with fire alarm apparatus or equipment – Sounding false alarm or fire. (Ord. No. 91-89, § 1(9.18.020), 3-5-91)

6-113 – 6-135 Reserved.

Article VI.
FIREARMS AND DANGEROUS WEAPONS

Sections:

6-136 Firearms and dangerous weapons – Prohibitions.

6-137 Unlawful use of air guns – Penalty.

6-138 Weapons prohibited on liquor sale premises.

6-139 Firearms prohibited in certain places – Exceptions – Penalty.

6-140 Discharge of firearms prohibited.

6-141 – 6-160 Reserved.

6-136 Firearms and dangerous weapons – Prohibitions.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.41.010, Terms defined.

(2) RCW 9.41.050, Carrying pistol.

(3) RCW 9.41.060, Exception.

(4) RCW 9.41.070, Concealed pistol license – Application – Fee – Renewal.

(5) RCW 9.41.098, Forfeiture of firearms, order by courts – Return to owner – Confiscation by law enforcement officer.

(6) RCW 9.41.100, Dealers to be licensed.

(7) RCW 9.41.120, Certain transfers forbidden.

(8) RCW 9.41.140, Alteration of identifying marks prohibited.

(9) RCW 9.41.230, Aiming or discharging firearms.

(10) RCW 9.41.240, Use of firearms by minor.

(11) RCW 9.41.250, Dangerous weapons – Evidence.

(12) RCW 9.41.260, Dangerous exhibitions.

(13) RCW 9.41.270, Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful – Penalty – Exceptions.

(14) RCW 9.41.280, Students carrying dangerous weapons on school property.

(15) RCW 9.41.300, Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty. (Ord. No. 91-89, § 1(9.20.020), 3-5-91; Ord. No. 00-374, § 3, 9-19-00)

6-137 Unlawful use of air guns – Penalty.

(a) It is unlawful for any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another.

(b) As used in this section, “air gun” means and includes the following: air gun, air pistol, air rifle, BB gun and toy or other guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substance a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals.

(c) Any person convicted of a violation of the provisions of this section is guilty of a misdemeanor and, in addition to any other punishment imposed by the court, the court shall direct that the weapon so used in violation of the provisions hereof be confiscated, and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons. (Ord. No. 91-89, § 1(9.20.020), 3-5-91)

6-138 Weapons prohibited on liquor sale premises.

(a) It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages are dispensed by the drink to:

(1) Carry in any manner any firearm, rifle or handgun, whether such person has a license or permit to carry such firearm or not, and whether such firearm is concealed or not;

(2) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches or more, or any razor with an unguarded blade, whether such weapon or instrument is concealed or not;

(3) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as numchuk sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether such instrument or weapon is concealed or not.

(b) The provisions of subsection (a) of this section shall not apply to or affect the following:

(1) Any lawful act committed by a person while in his or her fixed place of business;

(2) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, whether during regular duty hours or not; or

(3) Any person making or assisting in making a lawful arrest for the commission of a felony.

(c) Upon conviction, the weapon or instrument involved may be confiscated by order of the court and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property. (Ord. No. 91-89, § 1(9.20.030), 3-5-91)

6-139 Firearms prohibited in certain places – Exceptions – Penalty.

(a) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a firearm:

(1) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person:

a. Arrested for, charged with, or convicted of an offense;

b. Charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020;

c. Held for extradition or as a material witness; or

d. Otherwise confined pursuant to an order of a court, except an order under Chapter 13.32A or 13.34 RCW.

Restricted access areas do not include common areas of egress or ingress open to the general public.

Exception. This subsection does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator’s designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

(2) A courtroom or judge’s chamber, while either is being used for any judicial proceeding. This does not include common areas of egress and ingress of the courthouse.

Exception. This subsection does not apply to a judge or court employee or to any person licensed under RCW 9.41.070 who, before entering the restricted area, directly and promptly proceeds to the court administrator or the administrator’s designee and obtains written permission to possess the firearm.

(3) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted areas do not include common areas of egress and ingress open to the general public.

Exception. This subsection does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator’s designee and obtains written permission to possess the firearm while on the premises.

(4) That portion of an establishment classified by the state liquor control board as off-limits to persons under 21 years of age.

Exception. This subsection does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

(5) The council chambers of the city council.

(b) The provisions of this section do not apply to:

(1) A person engaged in military activities sponsored by the federal or state governments while engaged in official duties;

(2) Law enforcement personnel; or

(3) Security personnel while engaged in official duties.

(c) Any person violating this section is guilty of a misdemeanor. (Ord. No. 91-89, § 1(9.20.040), 3-5-91)

6-140 Discharge of firearms prohibited.

(a) It is unlawful for any person to knowingly discharge a firearm within the city.

(b) The provisions of this section do not apply to:

(1) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

(2) Law enforcement personnel; or

(3) Security personnel while engaged in official duties;

(4) A person utilizing a properly licensed instructional, membership and/or commercial shooting range. (Ord. No. 91-89, § 1(9.20.050), 3-5-91)

6-141 – 6-160 Reserved.

Article VII.
FRAUDS, SWINDLES AND FALSE REPRESENTATIONS

Sections:

6-161 Frauds and swindles.

6-162 False representations.

6-163 Forgery, nonfelony.

6-164 Brand and marks, crimes relating to.

6-165 – 6-185 Reserved.

6-161 Frauds and swindles.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.04.010, False advertising.

(2) RCW 9.12.010, Barratry.

(3) RCW 9.12.020, Buying, demanding, or promising reward by district judge or deputy.

(4) RCW 9.45.060, Encumbered, leased or rented personal property.

(5) RCW 9.45.070, Mock auctions.

(6) RCW 9.45.080, Fraudulent removal of property.

(7) RCW 9.45.090, Knowingly receiving fraudulent conveyance.

(8) RCW 9.45.100, Fraud in assignment for benefit of creditors.

(9) RCW 9.26A.120, Fraud in operating coin-box telephone or other receptacle.

(10) RCW 9.26A.130, Penalty for manufacture or sale of slugs to be used for coin.

(11) RCW 9A.56.330, Possession of another’s identification.

(12) RCW 9.60.010, Definitions.

(13) RCW 9A.60.040, Criminal impersonation in the first degree.

(14) RCW 9A.60.045, Criminal impersonation in the second degree.

(15) RCW 9A.60.050, False certification.

(16) RCW 19.48.110, Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud – Penalty.

(17) RCW 74.08.331, Unlawful practices – Obtaining assistance – Disposal of realty – Penalties. (Ord. No. 91-89, § 1(9.22.010), 3-5-91; Ord. No. 95-254, § 1, 12-5-95; Ord. No. 00-374, § 4, 9-19-00; Ord. No. 04-458, § 4, 2-3-04; Ord. No. 04-463, § 3, 8-3-04)

6-162 False representations.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.38.010, False representation concerning credit.

(2) RCW 9.38.020, False representation concerning title. (Ord. No. 91-89, § 1(9.22.020), 3-5-91)

6-163 Forgery, nonfelony.

(a) A person is guilty of forgery, nonfelony, if, with intent to injure or defraud:

(1) He falsely makes, completes, or alters a written instrument; or

(2) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he knows to be forged; or

(3) The total amount of loss by the victims of the forgery is less than $600.00.

(b) Forgery, nonfelony, is a gross misdemeanor.

(c) This section is intended to supplement city jurisdiction in cases of forgery declined by the county. If a person is charged with forgery under state law for a particular incident, they shall not be charged under this section. If a state agency wishes to charge a forgery case under state law the city shall dismiss its case to allow that to happen. (Ord. No. 02-429, § 5, 11-19-02)

6-164 Brand and marks, crimes relating to.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.16.005, Definitions.

(2) RCW 9.16.030, Counterfeit mark – Intellectual property.

(3) RCW 9.16.035, Counterfeiting – Penalties. (Ord. No. 06-518, § 2, 3-7-06)

6-165 – 6-185 Reserved.

Article VIII.
CRIMES RELATING TO PERSONS

Sections:

6-186 Assault and other crimes involving physical harm.

6-187 Menacing.

6-188 Aggressive begging.

6-189 Harassment.

6-190 Custodial interference.

6-191 Violation of civil anti-harassment orders.

6-192 Crimes occurring between family or household members – Domestic violence.

6-193 Reports – Duty and authority to make.

6-194 – 6-210 Reserved.

6-186 Assault and other crimes involving physical harm.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9A.36.041, Assault in the fourth degree.

(2) RCW 9A.36.050, Reckless endangerment.

(3) RCW 9A.36.070, Coercion.

(4) RCW 9A.36.160, Failing to summon assistance.

(5) RCW 9A.36.161, Failing to summon assistance – Penalty.

(6) RCW 9.61.230, Telephone calls to harass, intimidate, torment or embarrass.

(7) RCW 9.61.240, Telephone harassment – Permitting telephone to be used.

(8) RCW 9.61.250, Telephone harassment – Offenses, where deemed committed. (Ord. No. 91-89, § 1(9.26.010), 3-5-91; Ord. No. 94-215, § 1, 7-5-94; Ord. No. 05-508, § 2, 11-1-05)

6-187 Menacing.

A person is guilty of menacing when he or she knowingly causes or attempts to cause another person to believe that he or she or any member of his or her family will be the victim of serious physical injury or death. Menacing is a gross misdemeanor. (Ord. No. 91-89, § 1(9.26.020), 3-5-91)

6-188 Aggressive begging.

(a) It is a crime for any person to engage in aggressive begging in any public place in the city as those terms are defined by this section.

(b) As used in this section:

(1) Aggressive begging shall mean:

a. To beg with intent to intimidate another person into giving money or goods;

b. To beg with the use of false or misleading information;

c. To beg with or to involve activities that are unsafe or dangerous to any person or property or to beg at locations or in a manner that threatens the safety of persons or property or that impedes or threatens to impede pedestrian or vehicular traffic;

d. To beg in a manner that exploits children; or

e. To willfully provide or deliver or attempt to provide or deliver unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return.

(2) Beg shall mean to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means.

(3) Exploit children shall mean using children in an unethical, selfish, or abusive manner or in any other manner that gives an unfair advantage.

(4) Intimidate shall mean to engage in conduct which would make a reasonable person fearful or feel compelled.

(5) Public place shall mean any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel, that is in common use by the public with the consent, expressed or implied, of the owner or owners, and further, any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-of-way open to the use of the public. (Ord. No. 91-89, § 1(9.26.030), 3-5-91; Ord. No. 94-214, § 1, 7-5-94; Ord. No. 05-509, § 1, 11-1-05)

6-189 Harassment.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9A.46.020, Definition – Penalties.

(2) RCW 9A.46.030, Place where committed.

(3) RCW 9A.46.040, Court-ordered requirements upon person charged with crime – Violation.

(4) RCW 9A.46.050, Arraignment – No-contact order.

(5) RCW 9A.46.060, Crimes included in harassment.

(6) RCW 9A.46.070, Enforcement of orders restricting contact.

(7) RCW 9A.46.080, Order restricting contact – Violation.

(8) RCW 9A.46.090, Nonliability of peace officer.

(9) RCW 9A.46.100, “Convicted,” time when.

(10) RCW 9A.46.110, Stalking. (Ord. No. 91-89, § 1(9.26.040), 3-5-91; Ord. No. 03-445, § 1, 7-1-03)

6-190 Custodial interference.

The following state statutes, including all future amendments, additions or deletions, are hereby adopted by reference:

(1) RCW 9A.40.010, Definitions.

(2) RCW 9A.40.070, Custodial interference in the second degree.

(3) RCW 9A.40.080, Custodial interference – Assessment of costs – Defense – Consent defenses, restricted. (Ord. No. 91-89, § 1(9.26.080.050), 3-5-91; Ord. No. 00-374, § 5, 9-19-00)

6-191 Violation of civil anti-harassment orders.

It is a gross misdemeanor to wilfully disobey a temporary or permanent anti-harassment order issued pursuant to Chapter 10.14 RCW. (Ord. No. 91-89, § 1(9.26.080.060), 3-5-91)

6-192 Crimes occurring between family or household members – Domestic violence.

(a) Domestic violence anti-merger clause. Every person who, in the commission of a crime of domestic violence, shall commit any other crime, may be punished therefor as well as for the crime of domestic violence, and may be prosecuted for each crime separately.

(b) Strangulation.

(1) A person is guilty of strangulation if, under circumstances not amounting to a felony, he or she assaults another by means of strangulation.

(2) Strangulation shall mean intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by obstructing the nose or mouth of another person.

(3) Strangulation is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment for not less than 30 days.

(c) Exposing children to domestic violence.

(1) A person commits the crime of exposing children to domestic violence when he or she:

a. Commits a crime of domestic violence, as defined in RCW 10.99.020; and

b. The crime is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child, stepchild, or a minor child residing within the household of the person or victim.

(2) For the purposes of this section, “witnessed” shall mean if the crime is seen or directly perceived in any other manner by the child.

(3) Exposing children to domestic violence is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days. If the person is sentenced to less than the maximum statutory sentence, the court shall place the defendant on probation and the court shall impose conditions of probation that include attendance at a certified domestic violence perpetrator treatment program as well as a treatment program that addresses the effects of domestic violence on children.

(d) The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 26.09.300, Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.

(2) RCW 26.26.138, Restraining order – Knowing violation – Penalty – Law enforcement immunity.

(3) RCW 26.44.063, Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order.

(4) RCW 26.44.067, Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty.

(5) Chapter 10.99 RCW, Domestic violence – Official response.

(6) Chapter 26.50 RCW, Domestic violence prevention.

(7) RCW 9A.36.150, Interfering with the reporting of domestic violence.

(8) RCW 26.10.220, Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity. (Ord. No. 97-297, § 1, 7-15-97; Ord. No. 97-299, § 1, 9-2-97; Ord. No. 06-526, § 1, 6-20-06)

6-193 Reports – Duty and authority to make.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 26.44.030, Duty and authority to make – Duty of receiving agency – Duty to notify – Case planning and consultation – Penalty for unauthorized exchange of information – Filing dependency petitions – Interviews of children – Records – Risk assessment process – Reports to legislature.

(2) RCW 26.44.040, Reports – Oral, written – Contents.

(3) RCW 26.44.080, Violation – Penalty. (Ord. No. 01-395, § 1, 6-19-01)

6-194 – 6-210 Reserved.

Article IX.
CRIMES RELATING TO PROPERTY

Sections:

6-211 Theft, unauthorized issuance of bank checks and possession of stolen property.

6-212 Malicious mischief and obscuring identity of machines.

6-213 Trespass and related crimes.

6-214 Disruption of school activities.

6-215 Graffiti.

6-216 Making or having burglary or vehicle theft tools.

6-217 – 6-235 Reserved.

6-211 Theft, unauthorized issuance of bank checks and possession of stolen property.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.26A.110, Fraud in obtaining telecommunications service – Penalty.

(2) RCW 9A.56.010, Definitions.

(3) RCW 9A.56.020, Theft – Definition, defense.

(4) RCW 9A.56.050, Theft in the third degree.

(5) RCW 9A.56.060, Unlawful issuance of checks or drafts.

(6) RCW 9A.56.096, Theft of rented, leased, or lease-purchased property.

(7) RCW 9A.56.140, Possessing stolen property – Definition, credit cards, presumption.

(8) RCW 9A.56.170, Possessing stolen property in the third degree.

(9) RCW 9A.54.130, Restoration of stolen property – Duty of officers.

(10) RCW 9A.56.220, Theft of cable television services.

(11) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.

(12) RCW 9A.56.260, Connection of channel converter.

(13) RCW 9A.56.270, Shopping cart theft.

(14) RCW 9A.56.280, Credit, debit cards, checks, etc. – Definitions. (Ord. No. 91-89, § 1(9.28.010), 3-5-91; Ord. No. 00-374, § 6, 9-19-00; Ord. No. 01-401, § 1, 8-7-01; Ord. No. 02-429, § 6, 11-19-02; Ord. No. 04-458, § 5, 2-3-04; Ord. No. 04-463, § 4, 8-3-04)

6-212 Malicious mischief and obscuring identity of machines.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9A.48.090, Malicious mischief in the third degree.

(2) RCW 9A.48.100(1), Malicious mischief and physical damage defined.

(3) RCW 9A.48.110, Defacing a state monument.

(4) RCW 9A.56.180, Obscuring identity of a machine. (Ord. No. 91-89, § 1(9.28.020), 3-5-91; Ord. No. 00-374, § 7, 9-19-00)

6-213 Trespass and related crimes.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9A.52.010, Definitions.

(2) RCW 9A.52.060, Making or having burglary tools.

(3) RCW 9A.52.070, Criminal trespass in the first degree.

(4) RCW 9A.52.080, Criminal trespass in the second degree.

(5) RCW 9A.52.090, Criminal trespass – Defenses.

(6) RCW 9A.52.100, Vehicle prowling.

(7) RCW 9A.52.120, Computer trespass in the second degree.

(8) RCW 9A.52.130, Computer trespass – Commission of other crime. (Ord. No. 91-89, § 1(9.28.030), 3-5-91)

6-214 Disruption of school activities.

(a) A person is guilty of disruption of school activities if he or she 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 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. No. 91-89, § 1(9.28.040), 3-5-91)

6-215 Graffiti.

(a) Prohibited. No person shall commit the offenses of graffiti, aggravated graffiti, or possession of graffiti tools.

(b) Graffiti defined. A person is guilty of the offense of “graffiti” if he or she willfully defaces public or private property including any property of the city by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures being transferred onto the face of said private or public property, unless the person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such private property, or unless the act is done under the personal direction of said owner or tenant and provided such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations.

(c) Aggravated graffiti defined. A person is guilty of the offense of “aggravated graffiti” if he or she has been previously convicted of “graffiti,” or malicious mischief in the third degree, or a similar offense, and commits the offense of “graffiti.”

(d) Possession of graffiti tools defined. A person is guilty of the offense of “possession of graffiti tools” if he or she possesses a pressurized container, marker pen, acid etch or any other object capable of defacing property, under circumstances demonstrating an intent to commit graffiti.

(e) Penalties. Any person violating the provisions of this section shall be guilty of a gross misdemeanor and shall, in addition to any other fine imposed, be further subject to a mandatory imposition of assessment of costs pursuant to Chapter 10.64 RCW (1993 Session Laws, Chapter 355), in the amount of $50.00 per day of jail actually imposed; and in addition to this penalty, such person may, in the sound discretion of the court, be directed by the court to erase and remove from any public place or any public property or any private property with the permission of the owner or the person in possession of the property upon which it is established that such person has committed the offense of “graffiti,” any and all graffiti inscribed thereon by anyone prior to the date of the execution of the sentence. In addition to any financial penalties under this section, any person found guilty of “aggravated graffiti” shall be punished by imprisonment of not less than five days upon the first such conviction; imprisonment of not less than 10 days upon the second such conviction; and imprisonment of not less than 30 days upon the third or subsequent convictions. (Ord. No. 94-208, § 1, 2-1-94; Ord. No. 07-551, § 1, 3-20-07)

6-216 Making or having burglary or vehicle theft tools.

(a) Every person who shall make or mend, or cause to be made or mended, or have in his possession any engine, machine, tool, false key, pick lock, bit, nippers, implement, or any other item listed in subsection (b) of this section, that is adapted, designed, or commonly used for the commission of burglary or vehicle-related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary or vehicle-related theft, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools or vehicle theft tools.

(b) The following tools are to be considered prohibited implements: slim jim, false master key, master purpose key, altered or filed key, trial (“jiggler”) keys, slide hammer, lock puller, or any other implement shown by facts and circumstances is intended to be used in the commission of a burglary or vehicle-involved theft.

(c) For the purposes hereof, the following definitions shall apply:

(1) False master or master key means any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for which the key was originally manufactured.

(2) Altered key means any key so altered, by cutting, filing, or other means, to fit multiple vehicles, or vehicles other than the vehicle for which the key was originally intended.

(3) Trial (“jiggler”) keys means keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured.

(4) Vehicle-related theft means a theft of a vehicle or a theft from a vehicle.

(d) It shall be prima facie evidence of “circumstances evincing an intent to use for commission of burglary or vehicle-related theft” for a person to be in possession of more than three vehicle keys, or altered vehicle keys, unless such person is a bona fide locksmith or an employee of a licensed auto dealer or other position for which the possession of such keys is required in the performance of the person’s duties.

(e) Making or having burglar or vehicle theft tools is a gross misdemeanor. (Ord. No. 05-502, § 1, 9-20-05)

6-217 – 6-235 Reserved.

Article X.
CRIMES RELATING TO PUBLIC MORALS

Sections:

6-236 Definitions.

6-237 Indecent exposure.

6-238 Location of performers providing certain forms of entertainment restricted.

6-239 Prostitution – Unlawful acts – Penalty.

6-240 Prostitution – Probation violations.

6-241 Prostitution – Sex of parties immaterial.

6-242 Patronizing a prostitute.

6-243 Sexual exploitation of children and minor access to erotic materials.

6-244 Urinating in public.

6-245 Obscenity and pornography.

6-246 Stay out of areas of prostitution orders.

6-247 – 6-265 Reserved.

6-236 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act of prostitution shall mean engaging, offering, or agreeing to engage in sexual contact or sexual conduct with any person in return for a fee.

Actor shall mean a person who engages in conduct in violation of this article.

Exposed shall mean the state of being revealed, exhibited or otherwise rendered to public view.

Expressive dance shall mean any dance which, when considered in the context of the entire performance, constitutes an expression of theme, story, or ideas, but excluding any dance such as, but not limited to, common barroom-type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value.

Fee shall mean money, any negotiable instrument, any good or service having value, or any other consideration.

Known prostitute or panderer shall mean a person who, within one year prior to the date of arrest for a violation of this article, has been convicted of violating any ordinance or law of any jurisdiction within the state of defining and punishing acts of soliciting, committing or offering or agreeing to commit prostitution.

Person shall mean and include natural persons of either sex, firms, corporations and all associations of natural persons, whether acting by themselves or by an agent, servant or employee.

Sexual conduct shall mean:

(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight;

(2) Any penetration of the vagina or anus, however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes;

(3) Any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex; and

(4) Masturbation, manual or instrumental, of one person by another.

Sexual contact shall mean any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party. (Ord. No. 90-53, § 1, 4-17-90; Ord. No. 91-89, § 1(9.30.010), 3-5-91; Ord. No. 91-94, § 1, 5-7-91)

6-237 Indecent exposure.

(a) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his person or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breast-feeding or expressing breast milk is not indecent exposure.

(b) Indecent exposure to a person under the age of 14 years is a gross misdemeanor.

(c) Indecent exposure to a person aged 14 years or older is a misdemeanor. (Ord. No. 91-89, § 1(9.30.020), 3-5-91; Ord. No. 00-374, § 8, 9-19-00; Ord. No. 02-429, § 7, 11-19-02)

6-238 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, except upon a stage or other surface raised at least 18 inches above the level of the floor upon which the closest patrons are seated or standing, nor closer than eight feet from the nearest patron. Any violation of this section is a misdemeanor. (Ord. No. 91-89, § 1(9.30.030), 3-5-91; Ord. No. 00-374, § 9, 9-19-00)

6-239 Prostitution – Unlawful acts – Penalty.

(a) It is unlawful for anyone to:

(1) Intentionally engage in or offer or agree to engage in an act of prostitution;

(2) Intentionally secure or offer to secure another person for the purpose of engaging in an act of prostitution;

(3) Intentionally transport a person into or within the city with the purpose of promoting that person’s engaging in an act of prostitution, or procuring or paying for transportation with that purpose;

(4) Intentionally receive, offer or agree to receive a person into any place or building for the purpose of performing an act of prostitution, or to knowingly permit a person to remain there for any such purpose;

(5) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution;

(6) Intentionally in any way aid, abet or participate in an act of prostitution;

(7) Remain in or near any street, sidewalk, alleyway or other place open to the public with the intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are:

a. The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture;

b. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians;

c. The actor inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer;

(8) Intentionally enter or remain in any area of prostitution in violation of a condition of sentence;

(9) Intentionally permit prostitution if, having possession or control of premises which he knows are being used for prostitution purposes, he fails without lawful excuse to make reasonable effort to halt or abate such use.

(b) Prostitution or permitting prostitution is a misdemeanor. (Ord. No. 90-53, § 2, 4-17-90; Ord. No. 91-89, § 1(9.30.040(A), (C)), 3-5-91; Ord. No. 91-94, § 2, 5-7-91; Ord. No. 00-374, § 10, 9-19-00; Ord. No. 01-395, § 2, 6-19-01)

6-240 Prostitution – Probation violations.

(a) As used in this section, “probationer” means any person who, after conviction of a violation of this article, King County Code Chapter 12.63 or Chapter 9A.88 RCW, has been placed on probation in connection with the suspension or deferral of sentence by either a district or municipal court of this county or the county superior court.

(b) Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of the period of his or her 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 may cause the probationer to be brought before the court wherein sentence was deferred or suspended, and for such purpose such police officer may arrest such probationer without warrant or other process. (Ord. No. 91-89, § 1(9.30.040(B)), 3-5-91; Ord. No. 91-94, § 2, 5-7-91)

6-241 Prostitution – Sex of parties immaterial.

In any prosecution for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial and, therefore, no defense exists based upon the sex of the parties. (Ord. No. 91-89, § 1(9.30.050), 3-5-91)

6-242 Patronizing a prostitute.

A person is guilty of the misdemeanor of patronizing a prostitute if:

(1) Pursuant to a prior understanding he or she intentionally pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct or sexual contact with him or her;

(2) He or she intentionally 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 or sexual contact with him or her; or

(3) He or she intentionally solicits or requests another person to engage in sexual conduct or sexual contact with him or her in return for a fee. (Ord. No. 91-89, § 1(9.30.060), 3-5-91; Ord. No. 91-94, § 3, 5-7-91)

6-243 Sexual exploitation of children and minor access to erotic materials.

The following state statutes, including all future amendments, additions or deletions, are hereby adopted by reference:

(1) RCW 9.68A.011, Definitions.

(2) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit conduct – Report required.

(3) RCW 9.68A.090, Communication with minor for immoral purposes – Penalties.

(4) RCW 9.68A.150, Allowing minor on premises of live erotic performance.

(5) RCW 9.68A.160, Penalty. (Ord. No. 91-89, § 1(9.30.070), 3-5-91; Ord. No. 00-374, § 11, 9-19-00; Ord. No. 04-463, § 5, 8-3-04)

6-244 Urinating in public.

(a) A person is guilty of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public.

(b) Urinating in public is a misdemeanor. (Ord. No. 91-89, § 1(9.30.080), 3-5-91)

6-245 Obscenity and pornography.

The following state statutes, including all future amendments, additions or deletions, are hereby adopted by reference:

(1) RCW 9.68.015, Obscene literature, shows, etc. – Exemptions.

(2) RCW 9.68.030, Indecent articles, etc.

(3) RCW 9.68.050, “Erotic material” – Defintions.

(4) RCW 9.68.060(1), (2), (3)(a) – (3)(c), (3)(d)(i) and (ii), “Erotic material” – Determination by court – Labeling – Penalties.

(5) RCW 9.68.070, Prosecution for violation of RCW 9.68.060 – Defense.

(6) RCW 9.68.080, Unlawful acts.

(7) RCW 9.68.090, Civil liability of wholesaler or wholesaler-distributor.

(8) RCW 9.68.100, Exceptions to RCW 9.68.050 through 9.68.120.

(9) RCW 9.68.110, Motion picture operator or projectionist exempt, when.

(10) RCW 9.68.120, Provisions of RCW 9.68.050 through 9.68.120 exclusive.

(11) RCW 9.68.130, “Sexually explicit material” – Defined – Unlawful display. (Ord. No. 00-374, § 12, 9-19-00)

6-246 Stay out of areas of prostitution orders.

(a) Stay out of areas of prostitution orders, hereinafter known as “SOAP” orders, may be issued by the Federal Way municipal court to anyone charged with prostitution or permitting prostitution under FWCC 6-239 as a condition of pre-trial release.

(b) SOAP orders may be issued by the Federal Way municipal court to anyone convicted of prostitution or permitting prostitution under FWCC 6-239 as a condition of sentence.

(c) Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a pre-trial release or a condition of sentence, and the violation or failure to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or condition of sentence is observed by the officer, such officer may arrest the violator without warrant or other process for violation of the SOAP order pursuant to subsection (g) of this section, and bring such person before the court issuing the order.

(d) The SOAP order shall warn the person named in the order to stay out of the following “high risk prostitution area”:

The entire area which extends 1,000 feet east of the eastern edge of the right-of-way of State Route 99, and 1,000 feet west of the western edge of the right-of-way of State Route 99, and including the entire right-of-way of State Route 99, also known as Pacific Highway, throughout the city limits of Federal Way as shown on the map attached to the ordinance codified in this section as an exhibit and on file with the city clerk’s office. (This shall extend from the northmost city line to the southmost city line.)

(e) A person is deemed to have notice of the SOAP order when:

(1) The signature of the person named in the order or his/her attorney is affixed to the bottom of the order, signifying that he/she has read the order and has knowledge of the contents of the order; or

(2) The order recites that the person named in the order or the person’s attorney appeared in person before the court.

(f) The written SOAP order shall contain the court’s directive and shall bear the legend: “Violation of this order is a criminal offense under FWCC 6-236 and will subject the violator to arrest.”

(g) Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor. (Ord. No. 00-374, § 12, 9-19-00)

6-247 – 6-265 Reserved.

Article XI.
CRIMES RELATING TO PUBLIC OFFICERS

Sections:

6-266 Obstructing public officers.

6-267 Public officer defined.

6-268 Obstructing justice, criminal assistance, introducing contraband and related offenses.

6-269 Escape.

6-270 Vehicles resembling police or fire vehicles.

6-271 Interference with and abuse of police dogs prohibited.

6-272 Abuse of office.

6-273 – 6-290 Reserved.

6-266 Obstructing public officers.

It is unlawful for any person to make any wilfully untrue, misleading or exaggerated statement to, or to wilfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties. Obstructing public officers is a gross misdemeanor. (Ord. No. 91-89, § 1(9.32.010), 3-5-91; Ord. No. 02-429, § 8, 11-19-02)

6-267 Public officer defined.

Public officer, as used in this article, comprises police officers; fire chief and his or her designees; health officers; and the public works director and his or her designees; city clerk and his or her designee; code enforcement personnel; and other city personnel authorized for enforcement of city ordinances, statutes and codes. (Ord. No. 91-89, § 1(9.32.020), 3-5-91)

6-268 Obstructing justice, criminal assistance, introducing contraband and related offenses.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 7.80.160, Fail to sign nontraffic infraction.

(2) RCW 9.69.100, Withholding knowledge of felony involving violence – Penalty.

(3) RCW 9.91.175, Interfering with search and rescue dog.

(4) RCW 9A.72.010, Definitions.

(5) RCW 9A.72.040, False swearing.

(6) RCW 9A.72.060, False swearing – Retraction.

(7) RCW 9A.72.070, False swearing – Irregularities no defense.

(8) RCW 9A.72.080, Statement of what one does not know to be true.

(9) RCW 9A.72.140, Jury tampering.

(10) RCW 9A.72.150, Tampering with physical evidence.

(11) RCW 9A.76.010, Definitions.

(12) RCW 9A.76.020, Obstructing a public servant.

(13) RCW 9A.76.030, Refusing to summon aid for a peace officer.

(14) RCW 9A.76.040, Resisting arrest.

(15) RCW 9A.76.050, Rendering criminal assistance – Definition of terms.

(16) RCW 9A.76.060, Relative defined.

(17) RCW 9A.76.070, Rendering criminal assistance in the first degree.

(18) RCW 9A.76.080, Rendering criminal assistance in the second degree.

(19) RCW 9A.76.090, Rendering criminal assistance in the third degree.

(20) RCW 9A.76.100, Compounding.

(21) RCW 9A.76.160, Introducing contraband in the third degree.

(22) RCW 9A.76.170, Bail jumping.

(23) RCW 9A.76.175, Making a false or misleading statement to a public servant.

(24) RCW 9A.84.040, False reporting. (Ord. No. 91-89, § 1(9.32.030), 3-5-91; Ord. No. 00-374, § 13, 9-19-00; Ord. No. 02-429, § 9, 11-19-02; Ord. No. 04-463, § 6, 8-3-04; Ord. No. 05-508, § 3, 11-1-05)

6-269 Escape.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.31.090, Escaped prisoner recaptured.

(2) RCW 9A.76.130, Escape in the third degree. (Ord. No. 91-89, § 1(9.32.040), 3-5-91)

6-270 Vehicles resembling police or fire vehicles.

No person shall operate a motor vehicle within the city which is painted and contains decals, numbers, name or insignia so as to simulate a city or county police or fire department vehicle, or city vehicle, without prior authorization from the police chief, fire chief, city manager, or their designees. Violation of this section is a misdemeanor. (Ord. No. 91-89, § 1(9.32.050), 3-5-91)

6-271 Interference with and abuse of police dogs prohibited.

It is a misdemeanor for any person to wilfully or maliciously interfere with, obstruct, torture, beat, kick, strike, or in any way abuse or harass any dog used by any police officer in discharging or attempting to discharge any legal duty or power of his or her office, under circumstances not amounting to “Harming a Police Dog,” as defined in RCW 9A.76.200. (Ord. No. 91-89, § 1(9.32.060), 3-5-91)

6-272 Abuse of office.

The following state statute, including all future amendments, additions or deletions, is hereby adopted by reference: RCW 9A.80.010. (Ord. No. 00-374, § 14, 9-19-00)

6-273 – 6-290 Reserved.

Article XII.
CRIMES RELATING TO PUBLIC PEACE

Sections:

6-291 Disorderly conduct.

6-292 Riot – Failure to disperse – Obstruction.

6-293 Privacy – Violating right of.

6-294 Libel and slander.

6-295 Malicious prosecution – Abuse of process.

6-296 – 6-315 Reserved.

6-291 Disorderly conduct.

(a) A person is guilty of disorderly conduct if he or she:

(1) Uses abusive language and thereby intentionally creates a risk of assault;

(2) Intentionally disrupts any lawful assembly or meeting of persons without authority;

(3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority.

(b) Disorderly conduct is a misdemeanor. (Ord. No. 91-89, § 1(9.34.010), 3-5-91; Ord. No. 00-374, § 15, 9-19-00)

6-292 Riot – Failure to disperse – Obstruction.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 91.84.010, Riot.

(2) RCW 9A.84.020, Failure to disperse.

(3) RCW 9.27.015, Interference, obstruction of any court, building or residence – Violations. (Ord. No. 91-89, § 1(9.34.020), 3-5-91; Ord. No. 04-458, § 6, 2-3-04)

6-293 Privacy, violating right of.

The following state statutes, including all amendments, additions or deletions, are adopted by reference:

(1) RCW 9.73.010, Divulging telegram.

(2) RCW 9.73.020, Opening sealed letter.

(3) RCW 9.73.030, Intercepting, recording or divulging private communication – Consent required – Exceptions.

(4) RCW 9.73.040, Intercepting private communication – Court order permitting interception – Grounds for issuance – Duration – Renewal.

(5) RCW 9.73.050, Admissibility of intercepted communication in evidence.

(6) RCW 9.73.070, Persons and activities excepted.

(7) RCW 9.73.080, Intercepting, recording, or divulging communication – Penalty.

(8) RCW 9.73.090, Police and fire personnel exempted from RCW 9.73.030 – 9.73.080 – Standards.

(9) RCW 9.73.095, Intercepting, recording, or divulging inmate conversations – Conditions – Notice.

(10) RCW 9.73.100, Recordings available to defense counsel.

(11) RCW 9.73.110, Intercepting, recording, or disclosing private communications – Not unlawful for building owner – Conditions.

(12) RCW 9.73.200, Intercepting, transmitting, or recording conversations concerning controlled substances – Findings. (Ord. No. 91-89, § 1(9.34.030), 3-5-91; Ord. No. 00-374, § 16, 9-19-00; Ord. No. 02-429, § 10, 11-19-02)

6-294 Libel and slander.

The following state statutes, including all amendments, additions or deletions, are adopted by reference:

(1) RCW 9.58.010, Libel, what constitutes.

(2) RCW 9.58.020, How justified or excused – Malice, when presumed.

(3) RCW 9.58.030, Publication defined.

(4) RCW 9.58.040, Liability of editors and others.

(5) RCW 9.58.050, Report of proceedings privileged.

(6) RCW 9.58.070, Privileged communications.

(7) RCW 9.58.080, Furnishing libelous information.

(8) RCW 9.58.090, Threatening to publish libel.

(9) RCW 9.58.110, Slander of woman.

(10) RCW 9.58.120, Testimony necessary to convict. (Ord. No. 91-89, § 1(9.34.040), 3-5-91; Ord. No. 00-374, § 17, 9-19-00)

6-295 Malicious prosecution – Abuse of process.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.62.010, Malicious prosecution.

(2) RCW 9.62.020, Instituting suit in name of another. (Ord. No. 91-89, § 1(9.34.050), 3-5-91)

6-296 – 6-315 Reserved.

Article XIII.
MISCELLANEOUS CRIMES

Sections:

6-316 Conduct prohibited.

6-317 Littering and pollution.

6-318 Injury to animals.

6-319 Wounding or trapping of animals.

6-320 Throwing objects at moving vehicles.

6-321 Juries, crimes relating to.

6-322 Duty of witnesses.

6-323 Interference with health care facilities or providers.

6-324 Practice of law.

6-325 Enforcement of tax on tobacco products.

6-316 Conduct prohibited.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.91.010, Denial of civil rights – Terms defined.

(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.

(3) RCW 9.91.025, Unlawful bus conduct.

(4) RCW 9.91.110, Metal buyers – Records of purchases – Penalty.

(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.

(6) RCW 9.03.020, Permitting unused equipment to remain on premises.

(7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.

(8) RCW 9.03.040, Keeping or storing equipment for sale.

(9) RCW 9A.44.130, Registration of sex offenders and kidnapping offenders – Procedures – Definition – Penalties.

(10) RCW 9A.49.030, Unlawful discharge of a laser in the second degree.

(11) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing to leave public property, violations, when – Penalty.

(12) RCW 28A.635.090, Interference by force or violence – Penalty.

(13) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful – Penalty.

(14) RCW 29A.84.250, Violations – Corrupt practices.

(15) RCW 29A.84.510, Acts prohibited in vicinity of polling place – Prohibited practices as to ballots.

(16) RCW 42.20.010, Powers may not be delegated for profit.

(17) RCW 42.20.030, Intrusion into and refusal to surrender public office.

(18) RCW 42.20.050, Public officer making false certificate.

(19) RCW 42.20.060, Falsely auditing and paying claims.

(20) RCW 42.20.080, Other violations by officers.

(21) RCW 42.20.100, Failure of duty by public officer is misdemeanor. (Ord. No. 91-89, § 1(9.36.010), 3-5-91; Ord. No. 00-374, § 18, 9-19-00; Ord. No. 02-429, § 11, 11-19-02; Ord. No. 04-463, § 7, 8-3-04)

6-317 Littering and pollution.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 70.93.060, Littering.

(2) RCW 70.54.010, Polluting water supply. (Ord. No. 91-89, § 1(9.36.020), 3-5-91)

6-318 Injury to animals.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.08.020, Diseased animals.

(2) RCW 9.08.030, False certificate of registration of animals – False representation as to breed.

(3) RCW 9.08.065, Definitions.

(4) RCW 9.08.070, Pet animals – Taking, concealing, injuring, killing, etc. – Penalty.

(5) RCW 9.08.072, Transferring stolen pet animal to a research institution – Penalty.

(6) RCW 9.08.078, Illegal sale, receipt, or transfer of pet animals – Separate offenses.

(7) RCW 16.52.207, Animal cruelty in the second degree. (Ord. No. 91-89, § 1(9.36.030), 3-5-91; Ord. No. 00-374, § 19, 9-19-00; Ord. No. 02-429, § 12, 11-19-02; Ord. No. 04-458, § 7, 2-3-04)

6-319 Wounding or trapping of animals.

Any person who wilfully and without authority in law kills, wounds or traps an animal or bird, or removes or destroys the young of any such animal or the egg of any such bird is guilty of a misdemeanor. (Ord. No. 91-89, § 1(9.36.040), 3-5-91)

6-320 Throwing objects at moving vehicles.

Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor. (Ord. No. 91-89, § 1(9.36.050), 3-5-91)

6-321 Juries, crimes relating to.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 2.36.165, Leave of absence from employment to be provided – Denial of promotional opportunities prohibited – Penalty – Civil action.

(2) RCW 2.36.170, Failure of juror to appear – Penalty.

(3) RCW 9.51.010, Misconduct of officer drawing jury.

(4) RCW 9.51.020, Soliciting jury duty.

(5) RCW 9.51.030, Misconduct of officer in charge of jury. (Ord. No. 00-374, § 20, 9-19-00; Ord. No. 02-429, § 13, 11-19-02)

6-322 Duty of witnesses.

RCW 9.69.100, including all future amendments or deletions, is adopted by reference. (Ord. No. 00-374, § 20, 9-19-00)

6-323 Interference with health care facilities or providers.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9A.50.005, Finding.

(2) RCW 9A.50.010, Definitions.

(3) RCW 9A.50.020, Interference with health care facility.

(4) RCW 9A.50.030, Penalty.

(5) RCW 9A.50.060, Informational picketing.

(6) RCW 9A.50.070, Protection of health care patients and providers.

(7) RCW 9A.50.900, Construction. (Ord. No. 00-374, § 20, 9-19-00)

6-324 Practice of law.

The following state statute, including all future amendments, additions or deletions, is adopted by reference:

(1) RCW 2.48.180, Definitions – Unlawful practice a crime – Cause for discipline – Unprofessional conduct – Defense – Injunction – Remedies – Costs – Attorneys’ fees – Time limit for action. (Ord. No. 02-429, § 14, 11-19-02)

6-325 Enforcement of tax on tobacco products.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 82.26.105, Inspection of books, documents, or records of carriers.

(2) RCW 82.26.140, Transport of tobacco products – Requirements – Vehicle inspection.

(3) RCW 82.26.150, Distributer’s license, retailer’s license – Application – Approval – Display.

(4) RCW 82.26.160, Distributer’s license – Application fees.

(5) RCW 82.26.170, Retailer’s license – Application fee.

(6) RCW 82.26.180, Department web site listing distributors and retailers.

(7) RCW 82.26.190, Distributors and retailers – Valid license required – Violations – Penalties.

(8) RCW 82.26.200, Sales from distributors to retailers – Requirements.

(9) RCW 82.26.210, Manufacturer’s representatives – Requirements. (Ord. No. 05-508, § 4, 11-1-05)

Article XIV.
PUBLIC NUISANCE

Sections:

6-340 Public nuisance.

6-341 – 6-350 Reserved.

6-340 Public nuisance.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.66.010, Public nuisance.

(2) RCW 9.66.020, Unequal damage.

(3) RCW 9.66.030, Maintaining or permitting nuisance.

(4) RCW 9.66.040, Abatement of nuisance.

(5) RCW 9.66.050, Deposit of unwholesome substance. (Ord. No. 00-374, § 21, 9-19-00)

6-341 – 6-350 Reserved.

Article XV.
GAMBLING

Sections:

6-350 Gambling.

6-351 – 6-360 Reserved.

6-350 Gambling.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 9.46.010, Legislative declaration.

(2) RCW 9.46.0201, “Amusement game.”

(3) RCW 9.46.0205, “Bingo.”

(4) RCW 9.46.0209, “Bona fide charitable or nonprofit organization.”

(5) RCW 9.46.0213, “Bookmaking.”

(6) RCW 9.46.0217, “Commercial stimulant.”

(7) RCW 9.46.0221, “Commission.”

(8) RCW 9.46.0225, “Contest of chance.”

(9) RCW 9.46.0229, “Fishing derby.”

(10) RCW 9.46.0233, “Fund raising event.”

(11) RCW 9.46.0237, “Gambling.”

(12) RCW 9.46.0241, “Gambling device.”

(13) RCW 9.46.0245, “Gambling information.”

(14) RCW 9.46.0249, “Gambling premises.”

(15) RCW 9.46.0253, “Gambling record.”

(16) RCW 9.46.0257, “Lottery.”

(17) RCW 9.46.0261, “Member,” “bona fide member.”

(18) RCW 9.46.0264, “Player.”

(19) RCW 9.46.0269, “Professional gambling.”

(20) RCW 9.46.0273, “Punch boards,” “pull-tabs.”

(21) RCW 9.46.0277, “Raffle.”

(22) RCW 9.46.0282, “Social card game.”

(23) RCW 9.46.0285, “Thing of value.”

(24) RCW 9.46.0289, “Whoever,” “person.”

(25) RCW 9.46.222, Professional gambling in the third degree. (Ord. No. 00-374, § 21, 9-19-00)

6-351 – 6-360 Reserved.