Chapter 9.05
CRIMINAL CODE
Sections:
9.05.010 Preliminary statement.
9.05.020 Purposes – Principles of construction.
9.05.030 City criminal jurisdiction.
9.05.040 Classes of crimes.
9.05.050 Punishment and restitution.
9.05.060 Limitation of action.
9.05.070 Proof beyond a reasonable doubt.
9.05.080 General provisions – Adoption by reference.
9.05.090 Principles of liability.
9.05.100 Defenses.
9.05.110 Anticipatory offenses.
9.05.120 Abandoned refrigeration equipment.
9.05.130 Advertising – Crimes relating to.
9.05.140 Alcoholic beverage control.
9.05.150 Alcoholic beverage control –Opening or consuming liquor or possessing open container of liquor in public place.
9.05.160 Animals – Crimes relating to.
9.05.170 Animals – Injury to.
9.05.180 Assault and other crimes relating to person.
9.05.190 Avoidance of intersection.
9.05.195 Boating regulations.
9.05.200 Competitive bidding.
9.05.210 Controlled substances.
9.05.211 Precursor drugs.
9.05.220 Controlled substances – Minors.
9.05.230 Controlled substances – Minors excluded.
9.05.240 Controlled substances – Sale and display rooms.
9.05.250 Controlled substances – Sale restriction.
9.05.260 Controlled substances – Nuisance.
9.05.270 Controlled substances – Violation – Penalty.
9.05.280 Corporations – Crimes relating to.
9.05.290 Custodial interference.
9.05.300 Disorderly conduct.
9.05.310 Disruption of school activities.
9.05.320 Domestic violence protection.
9.05.330 Dumping of trash in waterways.
9.05.340 False alarms – Crimes relating to.
9.05.350 False representations.
9.05.360 False swearing and tampering.
9.05.370 Fire alarms – Crimes relating to.
9.05.380 Firearms and dangerous weapons.
9.05.390 Shooting within the City limits.
9.05.400 Fraud.
9.05.410 Gambling offenses.
9.05.420 Harassment.
9.05.430 Inhaling toxic fumes.
9.05.440 Juries – Crimes relating to.
9.05.450 Littering and pollution.
9.05.460 Miscellaneous crimes.
9.05.470 Misconduct in signing a petition.
9.05.480 Noise.
9.05.490 Obstructing governmental operation.
9.05.500 Obstructing public officers.
9.05.510 Parks.
9.05.520 Public disturbance.
9.05.530 Public nuisances.
9.05.540 Reckless burning and malicious mischief.
9.05.550 Roadside stands.
9.05.560 Sexual offenses – Unlawful acts of prostitution or pandering.
9.05.570 Special offenses relative to minors.
9.05.580 Telephone credit cards.
9.05.590 Tobacco use by minors.
9.05.600 Theft and possession of stolen property.
9.05.610 Throwing objects at moving vehicles.
9.05.620 Trademarks and other marks.
9.05.630 Trespass and prowling.
9.05.640 Unlawful use of air guns – Penalty.
9.05.650 Urinating in public.
9.05.660 Vehicles resembling police or fire vehicles.
9.05.670 Violating right of privacy.
9.05.680 Violation of court ordered probation.
9.05.690 Severability.
9.05.700 Copies to be available.
9.05.710 Certified copies to be furnished to court.
9.05.010 Preliminary statement.
A. This chapter shall be known as, and may be cited as, the Maple Valley criminal code.
B. The provisions of this code shall apply to any offense committed on or after 12:01 a.m. on March 1, 1998.
C. The provisions of this code do not apply to, or govern the construction of and punishment for any offense committed prior to 12:01 a.m. on March 1, 1998, 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 the law existing in the City at the time of the commission thereof in the same manner as if this code had not been enacted.
D. The sections of the Revised Code of Washington (RCW) and the King County Code (KCC), now in effect and as subsequently amended, specifically enumerated in this chapter are adopted by reference into this code.
E. Section captions are for organizational purposes only and shall not be construed as part of this code. (Ord. O-98-54 § 1).
9.05.020 Purposes – Principles of construction.
A. The general purposes of the provisions governing the definition of offenses are:
1. To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;
2. To safeguard conduct that is without culpability from condemnation as criminal;
3. To give fair warning of the nature of the conduct declared to constitute an offense; and
4. To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.
B. The provisions of this code shall be construed according to the fair import of their terms, and when the language is susceptible to differing constructions, it shall be interpreted to further the general purposes stated in this code.
C. In adopting State statutes by reference, only those crimes and offenses under the jurisdiction of a municipality are intended to be adopted, and in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. (Ord. O-98-54 § 2).
9.05.030 City criminal jurisdiction.
Any person who commits any offense defined by this code, in whole or in part, within the corporate limits of the City is liable to arrest, prosecution and punishment. (Ord. O-98-54 § 3).
9.05.040 Classes of crimes.
Any offense defined by this code, for which a sentence of imprisonment is authorized, constitutes a violation of City ordinance and is a crime. Crimes are classified as gross misdemeanors or misdemeanors. (Ord. O-98-54 § 4).
9.05.050 Punishment and restitution.
A. Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of not more than one year, or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine.
B. Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than 90 days, or by a fine in an amount of not more than $1,000, or by both such imprisonment and fine.
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 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.
D. The court may impose restitution as provided in RCW 9A.20.030.
E. In the event there is a conflict in the penalties which can be imposed upon conviction for a specific offense between the provisions of the Maple Valley Criminal Code and the Revised Code of Washington, the penalty provisions of the Revised Code of Washington shall apply. (Ord. O-98-54 § 5).
9.05.060 Limitation of action.
A. A gross misdemeanor, or a crime not otherwise classified, may not be prosecuted more than two years after its commission. A misdemeanor may not be prosecuted more than one year after its commission.
B. Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this State.
C. If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. (Ord. O-98-54 § 6).
9.05.070 Proof beyond a reasonable doubt.
A. Every person charged with an offense is presumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt.
B. When an offense has been proven against a person but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. (Ord. O-98-54 § 7).
9.05.080 General provisions – Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.01.055 Citizen immunity if aiding officer, scope – When.
9.01.110 Omission, when not punishable.
9.01.130 Sending letter, when complete.
9A.04.050 People capable of committing crimes – Culpability 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 code.
9A.04.110 Definitions.
(Ord. O-98-54 § 8).
9.05.090 Principles of liability.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another – Complicity.
9A.08.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf.
(Ord. O-98-54 § 9).
9.05.100 Defenses.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.12.010 Insanity.
9A.16.010 Definitions.
9A.16.020 Use of force – When lawful.
9A.16.030 Homicide – When excusable.
9A.16.040 Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.
9A.16.050 Homicide – By other person – When justifiable.
9A.16.060 Duress.
9A.16.070 Entrapment.
9A.16.080 Action for being detained on mercantile establishment premises for investigation – "Reasonable grounds" as defense.
9A.16.090 Intoxication.
9A.16.100 Use of force on children – Policy – Actions presumed unreasonable.
(Ord. O-98-54 § 10).
9.05.110 Anticipatory offenses.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
(Ord. O-98-54 § 11).
9.05.120 Abandoned refrigeration equipment.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.03.010 Abandoning, discarding refrigeration equipment.
9.03.020 Permitting unused equipment to remain on premises.
9.03.040 Keeping or storing equipment for sale.
(Ord. O-98-54 § 12).
9.05.130 Advertising – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.04.010 False advertising.
9.04.040 Advertising cures of lost sexual potency – Evidence.
9.04.090 Advertising fuel prices by service station.
(Ord. O-98-54 § 13).
9.05.140 Alcoholic beverage control.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
66.04.010 Definitions.
66.20.160 "Card of identification," "licensee," "store employee" defined for certain purposes.
66.20.170 Card of identification may be accepted as identification card and evidence of legal age.
66.20.180 Card of identification to be presented on request of licensee.
66.20.200 Unlawful acts relating to card of identification and certification card – Penalty.
66.28.090 Licensed premises or banquet permit premises open to inspection – Failure to allow, violation.
66.32 Search and seizure. (Entire chapter.)
66.44 Enforcement – Penalties. (Entire chapter.)
(Ord. O-98-54 § 14).
9.05.150 Alcoholic beverage control –Opening or consuming liquor or possessing open container of liquor in public place.
Except as provided by RCW Title 66 or MVMC 9.05.510 relating to parks, any person who possesses an open container of liquor in a public place is guilty of a misdemeanor and shall be fined not more than $100.00; provided, that this provision shall not apply to containers kept in the trunk of a vehicle or in an area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. (Ord. O-98-54 § 15).
9.05.160 Animals – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.08.020 Diseased animals.
9.08.030 Activities – False certificate of registration of animals – False representation as to breed.
9.08.070 Pet animals – Taking, concealing, injuring, killing, etc. – Penalty.
(Ord. O-98-54 § 16).
9.05.170 Animals – Injury to.
Any person who willfully and without authority in law kills, maims or disfigures an animal belonging to another, or exposes any poisons or noxious substance with intent that it should be taken by such animal, is guilty of a misdemeanor. (Ord. O-98-54 § 17).
9.05.180 Assault and other crimes relating to person.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.36.041 Assault in the fourth degree.
9A.36.050 Reckless endangerment in the second degree.
9A.36.070 Coercion.
(Ord. O-98-54 § 18).
9.05.190 Avoidance of intersection.
It shall be unlawful for any person operating a motor vehicle upon the streets or highways of the City to turn such vehicle either to the right or to the left upon approaching or leaving an intersection and to proceed across any private property for the purpose of avoiding the intersection or any traffic-control device controlling the intersection, unless so directed by proper authorities. Violation of this section is a traffic infraction for which the monetary penalty shall be no more than $71.00. (Ord. O-98-54 § 19).
9.05.195 Boating regulations.
The following provisions of the King County Code as presently constituted are adopted by reference:
KCC
12.44.320 Pipe Lake – Lake Lucerne restrictions.
12.44.570 Penalty.
12.44.730 Enforcement.
12.44.820 Lake Wilderness restrictions.
(Ord. O-98-63 § 1; Ord. O-98-54 § 19A).
9.05.200 Competitive bidding.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.18.120 Suppression of competitive bidding.
9.18.130 Collusion to prevent competitive bidding.
9.18.140 Penalty.
(Ord. O-98-54 § 20).
9.05.210 Controlled substances.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
69.50.101 Definitions.
69.50.102 Drug paraphernalia – Definitions.
69.50.204
(d)(13) Schedule I – Marijuana.
69.50.309 Containers.
69.50.4014 Possession of forty grams of marihuana – Penalty.
69.50.408 Second or subsequent offenses.
69.50.412 Prohibited acts: E – Penalties.
69.50.420 Violations – Juvenile driving privileges.
69.50.425 Misdemeanor violations – Minimum imprisonment.
69.50.505 Seizure and forfeiture.
69.50.506 Burden of proof, liabilities.
69.50.509 Search and seizure of controlled substances.
(Ord. O-04-275 § 1; Ord. O-98-54 § 21).
9.05.211 Precursor drugs.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
69.43.010 Report to State board of pharmacy – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Penalties.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions.
(Ord. O-04-266 § 1).
9.05.220 Controlled substances – Minors.
No owner, manager, proprietor or other person in charge of any room in any place of business where any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is sold, or displayed for the purpose of sale, may allow or permit any person under the age of 18 years to be in, remain in, enter or visit such room unless such minor person is accompanied by a parent or legal guardian. (Ord. O-98-54 § 22).
9.05.230 Controlled substances – Minors excluded.
No person under the age of 18 years may be in, remain in, enter or visit any room in any place used for the sale or displaying for sale of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless such person is accompanied by a parent or legal guardian. (Ord. O-98-54 § 23).
9.05.240 Controlled substances – Sale and display rooms.
No person may maintain, in any place of business to which the public is invited, the display for sale or the offering to sell of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be posted with a sign in reasonably visible and legible words to the effect that items which are defined as drug paraphernalia under this chapter are being offered for sale in such a room and that minors, unless accompanied by a parent or legal guardian, are excluded. (Ord. O-98-54 § 24).
9.05.250 Controlled substances – Sale restriction.
No person shall sell or give, or permit to be sold or given to any person under the age of 18 years, any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs. (Ord. O-98-54 § 25).
9.05.260 Controlled substances – Nuisance.
The distribution or possession for the purpose of sale, exhibition or display, in any place of business from which minors are not excluded as set forth in this code, of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is declared to be a public nuisance and may be abated by the City. This remedy shall be in addition to any other remedy provided by the law including the penalty provision applicable for the violation of the terms and provisions of this code. (Ord. O-98-54 § 26).
9.05.270 Controlled substances – Violation – Penalty.
Any person convicted of violating MVMC 9.05.230, 9.05.240, 9.05.250, or 9.05.260 shall be guilty of a misdemeanor. (Ord. O-98-54 § 27).
9.05.280 Corporations – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.24.010 Fraud in stock subscription.
(Ord. O-98-54 § 28).
9.05.290 Custodial interference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.40.010 Definitions.
9A.40.070 Custodial interference in the second degree.
9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted.
(Ord. O-98-54 § 29).
9.05.300 Disorderly conduct.
Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:
A. Uses abusive language and thereby intentionally creates a risk of assault;
B. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;
C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority;
D. Intentionally and without lawful authority makes noise which unreasonably disturbs another;
E. Intentionally engages in any conduct which tends to or does disturb the public peace, provide disorder, or endanger the safety of others;
F. Fights by agreement, except as part of an organized athletic event. (Ord. O-98-54 § 30).
9.05.310 Disruption of school activities.
A. Any person who enters 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 is guilty of a gross misdemeanor.
B. As used in this section, "school" has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. (Ord. O-98-54 § 31).
9.05.320 Domestic violence protection.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.36.150 Interfering with the reporting of domestic violence.
10.99.020 Definitions.
10.99.030 Law enforcement officers – Training, powers, duties – Domestic violence reports.
10.99.040 Restrictions upon and duties of court.
10.99.045 Appearances by defendant – No-contact order.
10.99.050 Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures.
10.99.055 Enforcement of orders.
26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.
26.50.010 Definitions.
26.50.020 Commencement of action – Jurisdiction – Venue.
26.50.025 Orders under this chapter and chapter 26.09, 26.10, or 26.26 RCW – Enforcement – Consolidation.
26.50.030 Petition for an order for protection – Availability of forms and informational brochures – Bond not required.
26.50.040 Fees not permitted – Filing, service of process, certified copies.
26.50.050 Hearing – Service – Time.
26.50.060 Relief – Duration – Realignment of designation of parties – Award of costs, service fees, and attorneys' fees.
26.50.070 Ex parte temporary order for protection.
26.50.080 Issuance of order – Assistance of peace officer – Designation of appropriate law enforcement agency.
26.50.090 Order – Service – Fees.
26.50.100 Order – Transmittal to law enforcement agency – Record in law enforcement information system – Enforceability.
26.50.110 Violation of order – Penalties.
26.50.115 Enforcement of ex parte order – Knowledge of order prerequisite to penalties – Reasonable efforts to serve copy of order.
26.50.120 Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Cost and attorney's fees.
26.50.130 Order – Modification – Transmittal.
26.50.140 Peace officers – Immunity.
26.50.160 Judicial information system – Data base.
26.50.200 Title to real estate – Effect.
26.50.210 Proceedings additional.
26.50.900 Short title.
(Ord. O-98-54 § 32).
9.05.330 Dumping of trash in waterways.
The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.36.010 Dumping trash in waterways prohibited.
(Ord. O-98-54 § 33).
9.05.340 False alarms – Crimes relating to.
The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.32 Crimes relating to false alarms. (Entire chapter.)
(Ord. O-98-54 § 34).
9.05.350 False representations.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.38.010 False representation concerning credit.
9.38.020 False representation concerning title.
(Ord. O-98-54 § 35).
9.05.360 False swearing and tampering.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.72.010 Definitions.
9A.72.040 False swearing.
9A.72.050 Perjury and false swearing – Inconsistent statements – Degree of crime.
9A.72.060 Perjury and false swearing – Retraction.
9A.72.070 Perjury and false swearing – Irregularities no defense.
9A.72.080 Statement of what one does not know to be true.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
(Ord. O-98-54 § 36).
9.05.370 Fire alarms – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.40.040 Operating engine or boiler without spark arrester.
9.40.100 Tampering with fire alarm or fire fighting equipment – False alarm – Penalties.
(Ord. O-98-54 § 37).
9.05.380 Firearms and dangerous weapons.
A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.41.010 Terms defined.
9.41.050 Carrying firearms.
9.41.060 Exceptions to restrictions on carrying firearms.
9.41.070 Concealed pistol license – Application – Fee – Renewal.
9.41.075 Concealed pistol license – Revocation.
9.41.080 Delivery to ineligible persons.
9.41.090 Dealer deliveries regulated – Hold on.
9.41.0975 Officials and agencies – Immunity, writ of mandamus.
9.41.098 Forfeiture of firearms – Disposition – Confiscation.
9.41.100 Dealer licensing and registration required.
9.41.110 Dealer's licenses, by whom granted, conditions, fees – Employees, fingerprinting and background checks – Wholesale sales excepted – Permits prohibited.
9.41.120 Firearms as loan security.
9.41.140 Alteration of identifying marks – Exceptions.
9.41.170 Alien's license to carry firearms – Exceptions.
9.41.230 Aiming or discharging firearms, dangerous weapons.
9.41.240 Possession of pistol by person from eighteen to twenty-one.
9.41.250 Dangerous weapons – Penalty.
9.41.260 Dangerous exhibitions.
9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions.
9.41.280 Possessing dangerous weapons on school facilities – Penalty – Exceptions.
9.41.300 Weapons rented prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.
9.41.810 Penalty.
B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.48.010 Definitions.
12.48.020 Sale and registration.
12.48.030 Delivery following sheriff's report.
12.48.040 Purchase unlawful for certain persons.
12.48.050 Violations.
(Ord. O-98-54 § 38).
9.05.390 Shooting within the City limits.
Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor; provided, however, that the provisions of this section do not apply to a person acting in self defense, engaged in military activities sponsored by the federal or State governments, while engaged in official duties, law enforcement personnel, security personnel while engaged in official duties, or a person utilizing a properly licensed institutional, membership, and/or commercial shooting range. (Ord. O-98-54 § 39).
9.05.400 Fraud.
A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.26A.110 Fraud in obtaining telecommunications service – Penalty.
9.45.060 Encumbered, leased, or rented personal property – Construction.
9.45.070 Mock auctions.
9.45.080 Fraudulent removal of property.
9.45.090 Knowingly receiving fraudulent conveyance.
9.45.100 Fraud in assignment for benefit of creditors.
9A.56.096 Theft of rental, leased, or lease-purchased property.
9A.60.010 Definitions.
9A.60.040 Criminal impersonation in the first degree.
9A.60.045 Criminal impersonation in the second degree.
9A.60.050 False certification.
9A.61.010 Definitions.
9A.61.020 Defrauding a public utility.
9A.61.050 Defrauding a public utility in the third degree.
9A.61.060 Restitution and costs.
B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.08.010 Impersonating members of public safety department.
12.08.020 Selling or disposing of police badges prohibited.
12.08.030 Possessing badge with intent to impersonate officer.
12.08.040 Intent to impersonate presumed.
12.08.050 Penalty for violation.
(Ord. O-04-275 § 2; Ord. O-00-121 § 1; Ord. O-98-54 § 40).
9.05.410 Gambling offenses.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.46.190 Violations relating to fraud or deceit.
9.46.193 Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts.
9.46.195 Obstruction of public servant – Penalty.
9.46.196 Cheating.
9.46.198 Working in gambling activity without license as violation – Penalty.
9.46.210 Enforcement – Commission as law enforcement agency.
9.46.215 Ownership or interest in gambling device – Penalty – Exceptions.
9.46.217 Gambling records – Penalty – Exceptions.
9.46.222 Professional gambling in the third degree.
9.46.231 Gambling devices, real and personal property – Seizure and forfeiture.
9.46.235 Slot machines, antique – Defenses concerning – Presumption created.
9.46.240 Gambling information, transmitting or receiving.
9.46.250 Gambling property or premises – Common nuisances, abatement – Termination of interests, licenses – Enforcement.
9.46.260 Proof of possession as evidence of knowledge of its character.
(Ord. O-98-54 § 41).
9.05.420 Harassment.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.61.230 Telephone harassment.
9.61.240 Telephone harassment –Permitting telephone to be used.
9.61.250 Telephone harassment – Offense, where deemed committed.
9A.46.010 Legislative finding.
9A.46.020 Definition – Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon person charged with crime – Violation.
9A.46.050 Arraignment – No-contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact – Violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 "Convicted," time when.
9A.46.110 Stalking.
(Ord. O-98-54 § 42).
9.05.430 Inhaling toxic fumes.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.47A.010 Definition.
9.47A.020 Unlawful inhalation – Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
(Ord. O-98-54 § 43).
9.05.440 Juries – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.51.010 Misconduct of officer drawing jury.
9.51.020 Soliciting jury duty.
9.51.030 Misconduct of officer in charge of jury.
(Ord. O-98-54 § 44).
9.05.450 Littering and pollution.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
70.54.010 Polluting water supply.
70.93.060 Littering prohibited – Penalties.
70.160.020 –
70.160.070 Smoking prohibited.
(Ord. O-98-54 § 45).
9.05.460 Miscellaneous crimes.
A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.91.010 Denial of civil rights – Terms defined.
9.91.025 Unlawful bus conduct.
9.91.060 Leaving children unattended in parked automobile.
9.91.090 Fraudulent destruction of insured property.
9.91.110 Metal buyers – Records of purchases – Penalty.
9.91.130 Disposal of trash in charity donation receptacle.
B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
28.96.010 Civil infractions – Misdemeanors.
28.96.020 General (public communication).
28.96.030 Transit vehicles and tunnel platform areas.
28.96.410 General (enforcement).
28.96.420 Immediate expulsion.
28.96.430 Suspension of use privileges.
28.96.440 Infractions – Penalty.
28.96.450 Misdemeanors – Penalty.
(Ord. O-98-54 § 47).
9.05.470 Misconduct in signing a petition.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.44.080 Misconduct in signing a petition.
(Ord. O-98-54 § 48).
9.05.480 Noise.
A. General Prohibition. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.
B. Illustrative Enumeration. The following sounds are public disturbance noises in violations of this section:
1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law.
2. The creation of frequent, repetitive, or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.
3. Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.
4. The creation of frequent, repetitive or continuous sounds which may emanate from any building, structure, automobile, apartment or condominium, which unreasonably disturbs or interferes with the peace and comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings, from 10:00 p.m. until 7:00 a.m. on weekdays, and from 10:00 p.m. until 8:00 a.m. on weekends.
5. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.
6. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator.
7. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and between the hours of 10:00 p.m. and 8:00 a.m. on weekends.
8. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to sounds from lawnmowers, powered hand tools, snow removal equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and between the hours of 10:00 p.m. and 8:00 a.m. on weekends; provided, however, that this subsection shall not apply to lawnmowers operating on public or private golf courses within the City limits.
9. Any domesticated animal which howls, yelps, whines, barks, or makes other noises, in such manner as to disturb any person or neighborhood to an unreasonable degree.
C. Exclusion. This section shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts between the hours of 9:00 a.m. and 10:30 p.m.
D. The use of engine compression brakes, or "jake braking", is prohibited within the City limits of Maple Valley, except when necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. For purposes of this subsection, "compression brakes" and "jake braking" shall mean motor vehicle brakes which are activated or worked by the compression of the engine of a motor vehicle.
E. Penalty. Any person who violates any provision of subsections (A) through (D) of this section shall be subject to a civil fine not to exceed $71.00 for a first offense. Any person who violates any provision of this section for a second time within a one-year period shall be subject to a civil fine not to exceed $250.00. For third and subsequent offenses within a one-year period, the person shall be guilty of a misdemeanor.
F. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.86 Declaration of policy and finding of special conditions. (Entire chapter.)
12.87 Definitions. (Entire chapter.)
12.88 Environmental sound levels. (Entire chapter.)
12.90 Motor vehicle sound levels. (Entire chapter.)
12.91 Watercraft sound levels. (Entire chapter.)
12.92 Public nuisance and disturbance noises. (Entire chapter.)
12.94 Exemptions. (Entire chapter.)
12.96 Variances. (Entire chapter.)
12.98 Administration and noise measurement. (Entire chapter.)
12.99 Enforcement and appeals. (Entire chapter.)
(Ord. O-00-119 § 1; Ord. O-98-55 § 1; Ord. O-98-54 § 49).
9.05.490 Obstructing governmental operation.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.31.090 Escaped prisoner recaptured.
9.62.010 Malicious prosecution.
9.62.020 Instituting suit in name of another.
9A.76.010 Definitions.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance – Definition of terms.
9A.76.060 Relative defined.
9A.76.070 Rendering criminal assistance in the first degree.
9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree.
9A.76.100 Compounding.
9A.76.130 Escape in the third degree.
9A.76.160 Introducing contraband in the third degree.
9A.76.170 Bail jumping.
(Ord. O-98-54 § 50).
9.05.500 Obstructing public officers.
A. It is unlawful for any person to make any willfully untrue, misleading or exaggerated statement to, or to willfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties. Obstructing public officers is a misdemeanor.
B. "Public officer" as used in this section shall mean any Police Officer, Fire Chief and his or her designees, Health Officer, and the Public Works Director and his or her designees, City Clerk and his or her designees, code enforcement personnel and other City personnel authorized for enforcement of City ordinances, statutes and codes. (Ord. O-98-54 § 51).
9.05.510 Parks.
The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
7.12.410 Pets in county park facilities.
7.12.420 Disturbances by animals prohibited.
7.12.440 Littering.
7.12.480 Presence in parks during hours the park is closed.
7.12.490 Loitering.
7.12.550 Damage to property/wildlife.
7.12.580 Waste from vehicles.
7.12.640 Alcoholic beverages.
7.12.642 Intoxication.
7.12.645 Interference with trails.
7.12.700 Enforcement methods.
7.24.070 Penalty.
12.64.010 Loitering.
(Ord. O-98-54 § 52).
9.05.520 Public disturbance.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.27.015 Interference, obstruction of any court, building or residence –Violations.
9A.84.010 Riot.
9A.84.020 Failure to disperse.
9A.84.040 False reporting.
(Ord. O-98-54 § 53).
9.05.530 Public nuisances.
The following provisions of the Revised Code of Washington as presently constituted or hereafter amended are adopted by reference:
RCW
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
(Ord. O-98-54 § 54).
9.05.540 Reckless burning and malicious mischief.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.48.010 Definitions.
9A.48.050 Reckless burning in the second degree.
9A.48.060 Reckless burning – Defense.
9A.48.090 Malicious mischief in the third degree.
9A.48.100 Malicious mischief – "Physical damage" defined.
9A.56.180 Obscuring identity of a machine.
(Ord. O-98-54 § 55).
9.05.550 Roadside stands.
The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.28.010 Unlawful to erect certain structures along roads.
12.28.020 Required distance from right-of-way.
12.28.030 Nuisance declared – Authority of engineer.
12.28.040 Violation – Misdemeanor.
(Ord. O-98-54 § 56).
9.05.560 Sexual offenses – Unlawful acts of prostitution or pandering.
A. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.63.010 Unlawful acts.
12.63.020 Known prostitute, panderer defined.
12.63.030 Definitions.
12.63.070 Public nuisance.
12.63.080 Evidence.
12.63.090 Additional evidence.
B. Any single conviction under this section within any period of 12 months shall be a misdemeanor. Any second or subsequent conviction under this section within any period of 12 months from a first or prior conviction of the same or similar offense shall be a gross misdemeanor.
C. The court may suspend all or a portion of the term of imprisonment or fine on condition that the convicted person never enter into, or be present in, any anti-prostitution emphasis area during the term of any such suspension or deferral. The court may further require AIDS testing and counseling, as a condition of suspension or deferral pursuant to RCW 70.24.350, at the defendant's expense; provided, that King County, as agent for the City pursuant to interlocal agreement, may require such testing and counseling as provided in RCW 70.24.360 upon imprisonment in jail of any such convicted person. (Ord. O-98-54 § 57).
9.05.570 Special offenses relative to minors.
A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.68A.011 Definition.
9.68A.080 Processors of depictions of minors engaged in sexually explicit conduct – Report required.
9.68A.090 Communication with minor for immoral purposes.
9.68A.120 Seizure and forfeiture of property.
9.68A.140 Definitions.
9.68A.150 Allowing minor on premises of live erotic performance.
9.68A.160 Penalty.
9.69.100 Duty of witness of offense against child or any violent offense – Penalty.
B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.78.030 Written consent required to supply air gun and slingshot to minor.
12.78.040 Written consent to be kept as evidence.
12.78.050 Violation – Misdemeanor.
12.81.010 Responsibility of persons in charge of sale or display rooms containing paraphernalia evincing intent to violate Chapter 69.50 RCW.
12.81.020 Minors prohibited unless with guardian in places selling or displaying for sale certain paraphernalia.
12.81.030 Sale and display room requirements.
12.81.040 Violation – Penalty.
12.84.010 Definitions.
12.84.020 Dissemination of indecent materials to minors unlawful.
12.84.030 Dissemination of indecent materials to minors defined.
12.84.040 Presumptions.
12.84.050 Defenses.
12.84.070 Violation a misdemeanor.
(Ord. O-98-54 § 58).
9.05.580 Telephone credit cards.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.26A.090 Telephone company credit cards – Prohibited acts.
9.26A.100 Definitions.
9.26A.110 Fraud in obtaining telecommunications service – Penalty.
9.26A.120 Fraud in operating coin-box telephone or other receptacle.
9.26A.130 Penalty for manufacture or sale of slugs to be used for coin.
(Ord. O-98-54 § 59).
9.05.590 Tobacco use by minors.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
26.28.080 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty.
70.155.080 Purchasing or obtaining tobacco by persons under the age of eighteen – Civil infraction.
(Ord. O-98-54 § 60).
9.05.600 Theft and possession of stolen property.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.56.010 Definitions.
9A.56.020 Theft – Definition, defense.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.100 Theft and larceny equated.
9A.56.140 Possessing stolen property – Definition – Access devices, presumption.
9A.56.170 Possessing stolen property in the third degree.
9A.56.180 Obscuring the identity of a machine.
9A.56.220 Theft of subscription television services.
9A.56.230 Unlawful sale of subscription television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.270 Shopping cart theft.
(Ord. O-98-54 § 61).
9.05.610 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. O-98-54 § 62).
9.05.620 Trademarks and other marks.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.16.030 Counterfeiting trademark, brand, etc.
9.16.040 Displaying goods with false trademark.
9.16.050 When deemed affixed.
9.16.060 Fraudulent registration of trademark.
9.16.070 Form and similitude defined.
9.16.080 Sales of petroleum products improperly labeled or by wrong grade.
9.16.090 Sales of petroleum products improperly labeled or by wrong grade – Penalty for violations.
9.16.100 Use of the words "sterling silver," etc.
9.16.110 Use of the words "coin silver," etc.
9.16.120 Use of the word "sterling" on mounting.
9.16.130 Use of the words "coin silver" on mounting.
9.16.140 Unlawfully marking article made of gold.
9.16.150 "Marked, stamped or branded," defined.
(Ord. O-98-54 § 63).
9.05.630 Trespass and prowling.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.52.010 Definitions.
9A.52.060 Making or having burglar tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass – Defenses.
9A.52.100 Vehicle prowling in the second degree.
9A.52.120 Computer trespass in the second degree.
9A.52.130 Computer trespass – Commission of other crime.
(Ord. O-98-54 § 64).
9.05.640 Unlawful use of air guns – Penalty.
A. Any person who points or shoots an air gun at any person or at the property of another, or who aims or discharges 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, is guilty of a misdemeanor and, in addition to any other punishment imposed, the court shall order the weapon to be confiscated and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons.
B. "Air gun" shall mean any air gun, air pistol, air rifle, BB gun and toy or other guns designed or 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 substances, a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals. (Ord. O-98-54 § 65).
9.05.650 Urinating in public.
Any person who 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, shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. (Ord. O-98-54 § 66).
9.05.660 Vehicles resembling police or fire vehicles.
Any person who operates a motor vehicle painted and exhibiting decals, numbers, name, or insignia which 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 is guilty of a misdemeanor. (Ord. O-98-54 § 67).
9.05.670 Violating right of privacy.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.73.010 Divulging telegram.
9.73.020 Opening sealed letter.
9.73.030 Intercepting, recording or divulging private communication – Consent required – Exceptions.
9.73.070 Persons and activities excepted from chapter.
9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 – Standards – Court authorizations – Admissibility.
9.73.100 Recordings available to defense counsel.
(Ord. O-98-54 § 68).
9.05.680 Violation of court ordered probation.
The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.150.010 Definitions.
12.150.020 Arrest without warrant.
(Ord. O-98-54 § 69).
9.05.690 Severability.
Should any section, paragraph, sentence, clause or phrase of this chapter or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, or should any portion of this chapter be pre-empted by State or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. O-98-54 § 70).
9.05.700 Copies to be available.
A copy of each portion of the Revised Code of Washington and the King County Code adopted by reference shall be authenticated and recorded by the City Clerk and not less than one copy thereof shall be available in the office of the City Clerk for use and examination by the public. (Ord. O-98-54 § 71).
9.05.710 Certified copies to be furnished to court.
The City Clerk is directed to provide at City expense to the Court Administrators of the Enumclaw Municipal Court adequate numbers of certified copies of the ordinance codified in this chapter to permit enforcement of this chapter. (Ord. O-98-54 § 72).