Title 9
PUBLIC PEACE, MORALS AND WELFARE¹

Chapters:

9.04 Criminal Code

9.08 Assault and Crimes Involving Risk or Threat of Physical Harm

9.12 Unauthorized Gambling

9.13 Social Card Games

9.16 Drugs, Narcotics and Paraphernalia

9.24 Liquor

9.28 Offenses Relating to Schools, School Personnel and Libraries

9.30 Domestic Violence

9.34 Harassment

9.36 Public Disturbance

9.37 Noise Regulations

9.38 Coasters, Rollerskates and Skateboards

9.40 Criminal Code Bail Schedule

9.42 Littering

9.44 Alarm Systems

9.46 Holding Facilities

9.48 Disposal of Firearms

9.50 Costs of Electronic Home Monitoring for Offenders Convicted of DUI

9.52 Motorized Wheeled Transportation Devices

9.53 Nuisance Code

9.54 Emergency Response Cost Recovery

Chapter 9.04
CRIMINAL CODE

Sections:

9.04.010 Statutes adopted by reference – RCW Titles 9 and 77.

9.04.020 Statutes adopted by reference – RCW Title 9A.

9.04.030 Statutes and amendments adopted by reference.

9.04.040 Classification of criminal offenses.

9.04.050 Statute adopted by reference – RCW Title 46.

9.04.010 Statutes adopted by reference – RCW Titles 9 and 77.

The following sections of RCW Titles 9 and 77, as now or hereafter amended, are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full:

General Provisions

RCW

9.01.055 Citizen immunity in aiding officer scope – When.

9.01.110 Omission, when not punishable.

9.01.120 Civil remedies preserved.

9.01.160 Application to existing civil rights.

Abortion

RCW

9.02.050 Concealing birth.

Abandoned Refrigeration Equipment

RCW

9.03.010 Abandoning, discarding refrigeration equipment.

9.03.020 Permitting unused equipment to remain on premises.

9.03.030 Violation of RCW 9.03.010 or 9.03.020.

9.03.040 Keeping or storing equipment for sale.

Advertising, Crimes Relating to

RCW

9.04.010 False advertising.

9.04.050 False, misleading, deceptive advertising.

9.04.070 False, misleading, deceptive advertising – Penalty – Other remedies and penalties not applicable.

9.04.080 False, misleading, deceptive advertising – Assurance of discontinuance of unlawful practice.

9.04.090 Advertising fuel prices by service stations.

Anarchy and Sabotage

RCW

9.05.150 Publishing matter inciting breach of peace.

Brands and Marks, Crimes Relating to

RCW

9.16.030 Counterfeiting trademark, brand, etc.

9.16.040 Displaying goods with false trademark.

9.16.050 When deemed affixed.

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.

Bidding Offenses – Bribery or
Corruption – Offender as Witness

RCW

9.18.120 Suppression of competitive bidding.

9.18.130 Collusion to prevent competitive bidding.

9.18.140 Penalty.

9.18.150 Agreements outside state.

Telecommunications Crime

RCW

9.26A.090 Telephone company credit cards – Publishing number or code – “Publishes” defined.

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.

Interference with Court

RCW

9.27.015 Interference, obstruction of any court, building or residence – Violations.

False Representations

RCW

9.38.010 False representation concerning credit.

9.38.015 False statement by a deposit account applicant.

9.38.020 False representation concerning title.

Fire, Crimes Relating to

RCW

9.40.100(1) Injuring or tampering with fire alarm apparatus or equipment – Sounding false alarm of fire.

Firearms and Dangerous Weapons

RCW

9.41.010 Terms defined.

9.41.047 Restoration of possession rights.

9.41.050 Carrying pistol.

9.41.060 Exception to restriction on carrying pistol.

9.41.075 Concealed pistol license revocation.

9.41.097 Supplying information on persons purchasing pistols or applying for concealed pistol licenses.

9.41.0975 Officials and agencies immunity, writ of mandamus.

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

9.41.100 Dealers to be licensed.

9.41.110 Dealer’s licenses, by whom granted and conditions thereof – Wholesale sales excepted – Permits prohibited.

9.41.120 Certain transfers forbidden.

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.

9.41.240 Use of firearms by minor.

9.41.250 Dangerous weapons – Evidence.

9.41.260 Wash. Laws 1994, Chapter 7X, § 425.

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

9.41.280 Students carrying dangerous weapons on school premises – Penalty – Exceptions.

9.41.290 State preemption.

9.41.300 Firearms prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.

9.41.810 Penalty.

77.16.250 Loaded firearms in vehicles.

77.16.260 Shooting firearms from public highway.

77.16.290 Law enforcement officers exempt.

Forgery

RCW

9.44.080 Misconduct in signing a petition.

Frauds and Swindles

RCW

9.26A.100 Definitions.

9.26A.110

(1)(a) Fraud in obtaining telecommunications service – Penalty.

9.26A.120 Fraud in operating coin box telephone or other receptacle.

9.26A.130 Penalty for manufacturing or sale of slugs to be used for coin.

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.

Inhaling Toxic Fumes

RCW

9.47A.010 Definition.

9.47A.020 Unlawful inhalation – Exception.

9.47A.030 Possession of certain glue prohibited, when.

9.47A.040 Sales of certain substances prohibited, when.

9.47A.050 Penalty.

Juries, Crimes Relating to

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.

Libel and Slander

RCW

9.58.010 Libel, what constitutes.

9.58.020 How justified or excused – Malice, when presumed.

9.58.030 Publication defined.

9.58.040 Liability of editors and others.

9.58.050 Report of proceedings privileged.

9.58.070 Privileged communications.

9.58.080 Furnishing libelous information.

9.58.090 Threatening to publish libel.

9.58.110 Slander of women.

9.58.120 Testimony necessary to convict.

Malicious Mischief – Injury to Property

RCW

9.61.230 Telephone calls to harass, intimidate, torment or embarrass.

9.61.240 Telephone calls to harass, intimidate, torment or embarrass – Permitting telephone to be used.

9.61.250 Telephone calls to harass, intimidate, torment or embarrass – Offense, where deemed committed.

Malicious Prosecution – Abuse of Process

RCW

9.62.010(2) Malicious prosecution.

9.62.020 Instituting suit in name of another.

Nuisance

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.

Obscenity and Pornography

RCW

9.68.015 Obscene literature, shows, etc. – Exception.

9.68.030 Indecent articles, etc.

9.68.050 “Erotic material” – Definition.

9.68.060 “Erotic material” – Determination

(except (d) by court – Labeling – Penalties.

(iii))

9.68.070 Prosecution for violation of RCW 9.68.060 – Defenses.

9.68.080 Unlawful acts.

9.68.100 Exceptions to provisions of RCW 9.68.050 through RCW 9.68.120.

9.68.110 Motion picture operator or projectionist exempt, when.

9.68.120 Provisions of RCW 9.68.050 through 9.68.120 exclusive.

9.68.130 “Sexually explicitly material” – Defined – Unlawful display.

Sexual Exploitation of Children

RCW

9.68A.001 Legislative finding.

9.68A.011 Definitions.

9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct – Report required.

9.68A.090 Communications with minor for immoral purposes.

9.68A.110 Certain defenses barred, permitted.

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.

9.68A.910 Severability.

Obstructing Justice

RCW

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

Perjury

RCW

9.72.090 Committal of witness – Detention of documents.

Privacy, Violating Right of

RCW

9.73.010 Divulging telegram.

9.73.020 Opening sealed letter.

9.73.030 Intercepting or recording private communication – Consent required – Exceptions.

9.73.080 Intercepting, recording, or divulging private communication – Penalty.

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.

United States and State Flags, Crimes Relating to

RCW

9.86.010 “Flag,” etc., defined.

9.86.020 Improper use of flag prohibited.

9.86.030 Desecration of flag.

9.86.050 Penalty.

Miscellaneous Crimes

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.

9.91.110 Metal buyers – Records of purchases – Penalty.

9.91.130 Disposal of trash in charity donation receptacle.

9.91.140 Food coupons.

9.91.160 Personal protection spray devices.

(Ord. 1370 § 1, 1998; Ord. 1306 § 1, 1996; Ord. 1239 § 1, 1994; Ord. 1086 § 1, 1988).

9.04.020 Statutes adopted by reference – RCW Title 9A.

The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as part of this chapter as though such sections were set forth herein in full:

Preliminary Article

RCW

9A.04.020 Purposes – Principles of construction.

9A.04.040 Classes of crimes.

9A.04.050 People capable of committing crimes – Capability of children.

9A.04.060 Common law to supplement statute.

9A.04.070 Who amenable to criminal statutes.

9A.04.080 Limitation of actions.

9A.04.100 Proof beyond a reasonable doubt.

9A.04.110 Definitions.

Principles of Liability

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.

Insanity

RCW

9A.12.010 Insanity.

Defenses

RCW

9A.16.010 Definitions.

9A.16.020 Use of force – When lawful.

9A.16.060 Duress.

9A.16.070 Entrapment.

9A.16.080 Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense.

9A.16.090 Intoxication.

9A.16.100 Use of force on children – Policy – Actions presumed unreasonable.

9A.16.110 Defending against violent crime – Reimbursement.

Anticipatory Offenses

RCW

9A.28.020 Criminal attempt.

(1), (2), (3)

(d) and (e)

9A.28.030 Criminal solicitation.

9A.28.040 Criminal conspiracy.

Except (3)(a),

(b) and (c)

Custodial Interference

RCW

9A.40.070 Custodial interference in the second degree.

9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted.

Criminal Mistreatment

RCW

9A.42.010 Definitions.

9A.42.080 Abandonment of a dependent person in the third degree.

9A.42.090 Abandonment of a dependent person – Defense.

Sex Offenses

RCW

9A.44.010 Definitions.

9A.44.096 Sexual misconduct with a minor in the second degree.

Arson, Reckless Burning and
Malicious Mischief

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.

Interference with Health Care
Facilities or Providers

RCW

9A.50.010 Definitions.

9A.50.020 Interference with health care facility.

9A.50.030 Penalty.

9A.50.060 Informational picketing.

9A.50.070 Protection of health care patients and providers.

9A.50.900 Construction.

9A.50.901 Severability.

Burglary and Trespass

RCW

9A.52.010 Definitions.

9A.52.040 Inference of intent.

9A.52.050 Other crime in committing burglary punishable.

9A.52.060 Making or having burglary 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.

Theft and Robbery

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.56.140 Possessing stolen property – Definition – Access devices, presumption.

9A.56.170 Possessing stolen property in the third degree.

9A.56.180 Obscuring identity of a machine.

9A.56.220 Theft of cable television services.

9A.56.230 Unlawful sale of cable television services.

9A.56.240 Forfeiture and disposal of device used to commit violation.

9A.56.270 Shopping cart theft.

Fraud

RCW

9A.60.010 Definitions.

9A.60.040 Criminal impersonation.

9A.60.050 False certification.

Defrauding a Public Utility

RCW

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.

9A.61.070 Damages not precluded.

Perjury and Interference with
Official Proceedings

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.

Obstructing Governmental Operation

RCW

9A.76.010 Definitions.

9A.76.020 Obstructing a public servant.

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

9A.76.040 Resisting arrest.

9A.76.050 Rendering criminal assistance – Definition of term.

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.

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

Abuse of Office

RCW

9A.80.010 Official misconduct.

Indecent Exposure – Prostitution

RCW

9A.88.010 Indecent exposure.

9A.88.030 Prostitution.

9A.88.050 Prostitution – Sex of parties immaterial – No defense.

9A.88.090 Permitting prostitution.

9A.88.110 Patronizing a prostitute.

9A.88.120 Additional fee assessment.

(Ord. 1370 § 1, 1998; Ord. 1239 § 1, 1994; Ord. 1086 § 1, 1988).

9.04.030 Statutes and amendments adopted by reference.

The Revised Code of Washington statutes cited as adopted by reference in this title are adopted as provided by RCW 35.21.180. Pursuant to RCW 35.21.180, statutes, codes, and ordinances may be adopted by reference, including any portion thereof, amendments thereof, or additions thereto. Such Washington state statutes or codes or other codes or complications so adopted need not be published in the city newspaper of record; provided, however, that not less than one copy of such statute, code or complication and amendment and additions thereto adopted by reference shall be filed for use and examination by the public, in the office of the city clerk prior to adoption thereof. (Ord. 1370 § 1, 1998; Ord. 1239 § 1, 1994; Ord. 1086 § 1, 1988).

9.04.040 Classification of criminal offenses.

A. Criminal offenses are classified as either gross misdemeanors or misdemeanors.

B. Punishment for Gross Misdemeanors.

1. Every person convicted of a gross misdemeanor defined in MMC Title 9 shall be punished by imprisonment in a municipal jail or a county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

2. Every person convicted of a gross misdemeanor for which no punishment is prescribed in any ordinance in force at the time of conviction and sentence shall be punished by imprisonment in a municipal jail or a county jail for a maximum term fixed by the court of not more than one year, or by fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

3. In the event that any gross misdemeanor adopted pursuant to municipal ordinance establishes a penalty different from a penalty prescribed for that crime by state statute, the penalty prescribed by state statute shall control.

C. Punishment for Misdemeanors.

1. Every person convicted of a misdemeanor defined in MMC Title 9 shall be punished by imprisonment in a municipal jail or a county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

2. Every person convicted of a misdemeanor for which no punishment is prescribed in any ordinance in force at the time of conviction and sentence shall be punished by imprisonment in a municipal jail or a county jail for a maximum term fixed by the court of not more than 90 days, or by fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

3. In the event that any misdemeanor adopted pursuant to municipal ordinance establishes a penalty different from a penalty prescribed for that crime by state statute, the penalty prescribed by state statute shall control.

D. Specific punishments provided for in any ordinance shall govern if inconsistent with the punishments prescribed under MMC 9.04.040(B) and (C).

E. Alternative to a Fine – Restitution. RCW 9A.20.030 as now or hereafter amended is adopted by reference as part of the ordinance codified in this chapter:

1. If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement, the court, in lieu of imposing the fine authorized for the offense under the ordinance may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain or victim’s loss from the commission of a crime. Such amount may be used to provide restitution to the victim at the order of the court. It shall be the duty of the prosecuting attorney to investigate the alternative of restitution, and to recommend it to the court, when the prosecuting attorney believes that restitution is appropriate and feasible. If the court orders restitution, the court shall make a finding as to the amount of the defendant’s gain or victim’s loss from the crime, and if the record does not contain sufficient evidence to support such finding the court may conduct a hearing upon the issue. For purposes of this section, the terms “gain” or “loss” refer to the amount of money or the value of property or services gained or lost.

2. Notwithstanding any other provision of law, this section also applies to any corporation or joint stock association found guilty of any crime. (Ord. 1370 § 1, 1998; Ord. 1239 § 1, 1994; Ord. 1086 § 1, 1988).

9.04.050 Statute adopted by reference – RCW Title 46.

The following section of the Revised Code of Washington as now or hereinafter amended is adopted by reference as a part of this chapter in all respects as though such section was set forth herein in full:

RCW

46.61.517 Refusal of alcohol test – Admissibility as evidence.

(Ord. 1370 § 1, 1998; Ord. 1239 § 1, 1994; Ord. 1182 § 1, 1992).

Chapter 9.08
ASSAULT AND CRIMES
INVOLVING RISK OR THREAT
OF PHYSICAL HARM

Sections:

9.08.010 State statutes adopted by reference.

9.08.010 State statutes adopted by reference.

The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as part of this chapter as though such sections were set forth herein in full:

RCW

9A.36.041 Assault in the fourth degree.

9A.36.050 Reckless endangerment.

9A.36.070 Coercion.

9A.36.150 Interfering with the reporting of domestic violence.

(Ord. 1370 § 1, 1998; Ord. 1086 § 1, 1988).

Chapter 9.12
UNAUTHORIZED GAMBLING

Sections:

9.12.010 Unauthorized gambling specifically and unauthorized gambling-related activities prohibited.

9.12.010 Unauthorized gambling specifically and unauthorized gambling-related activities prohibited.

Unless authorized under Chapters 5.36 and 9.12 MMC, gambling and gambling-related activities are prohibited within the city limits. Unauthorized gambling and gambling activities shall be defined and enforced pursuant to the following laws of the state of Washington which are adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full:

RCW
9.46.120	Restrictions as to management or operation personnel – Restriction as to leased premises.
9.46.158	Applicants, licensees, operators – Commission approval for hiring certain persons.
9.46.170	False or misleading entries or statements, refusal to produce records, as violations – Penalty.
9.46.185	Causing person to violate rule or regulation as violation – Penalty.
9.46.190	Violations relating to fraud or deceit – Penalty.
9.46.192	Cities and towns – Ordinance enacting certain sections of chapter – Limitations – Penalties.
9.46.193	Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts.
9.46.195	Obstruction of public servant in administration or enforcement as violation – Penalty.
9.46.196	Defrauding or cheating other participant or operator as violation – Causing another to do so as violation – Penalty.
9.46.198	Working in gambling activity without license as violation – Penalty.
9.46.210	Enforcement – Commission as a law enforcement agency.
9.46.222	Professional gambling in the third degree.
9.46.225	Professional gambling – Penalties not applicable to authorized activities.
9.46.230	Seizure and disposition of gambling devices – Owning, buying, selling etc., gambling devices or records – Penalties.
9.46.240	Gambling information, transmitting or receiving as violation – Penalty.
9.46.250	Gambling property or premises – Common nuisances, abatement – Termination of mortgage, contract, or leasehold interests, licenses – Enforcement.
9.46.260	Proof of possession as evidence of knowledge of its character.
9.46.285	Chapter as exclusive authority for licensing and regulation of gambling activity.
9.46.295	Licenses as legal authority to engage in activities for which issued – Exception.
9.46.900	Severability.
9.46.902	Construction.

(Ord. 1239 § 2, 1994; Ord. 1086 § 1, 1988).

Chapter 9.13
SOCIAL CARD GAMES

Sections:

9.13.010 Findings.

9.13.020 Prohibition.

9.13.030 No establishments currently licensed.

9.13.040 Violation – Penalty.

9.13.050 Definitions.

9.13.060 Severability.

9.13.010 Findings.

The city finds as follows:

A. The city had established a moratorium on the issuance of additional licenses by the State Gambling Commission of social card games conducted as a commercial stimulant for the purposes of studying its effects, and to receive public input; and

B. The city has reviewed the effects of casinos and gambling in other communities in the nation and received public input at its public hearings; and

C. During the public hearings both the general public and operators of social card games conducted as a commercial stimulant provided input to the city council; and

D. RCW 9.46.295 authorizes municipalities to prohibit certain gambling activities otherwise authorized; and

E. After receiving public input and being advised of the action taken by neighboring municipalities, the city deemed it to be in the public interest and welfare to prohibit certain social card games as defined in RCW 9.46.0282; and

F. The State Legislature in amendments to the State Gambling Act allowed certain enhanced card rooms which are commonly referred to as mini-casinos; and

G. As a result of this authorization, there has been established a number of mini-casinos in the south King County and Pierce County regions; and

H. There are adverse effects as the result of the establishment of the mini-casinos which include, but are not limited to, perceptions by residences and business of the negative effect that such mini-casinos would have and therefore do not desire to have a residence or a business in the same municipality where such exist; and

I. Under the Growth Management Act, GMA, the city is required to infill and provide high density development within its boundaries and the establishment of mini-casinos could be adverse to attracting occupants for such developments; and

J. The establishment of mini-casinos is not in harmony with the comprehensive plan as it has a negative effect on the attraction of business and residential development into the urban area; and

K. Prohibiting social card games conducted as a commercial stimulant is an exercise of the city’s police powers pursuant to legislative authority per RCW 9.46.295 and in the best interest of the general health, safety, and welfare of the citizens of the city; and

L. This chapter has no adverse environmental effect; and

M. This chapter is in harmony with the comprehensive plan. (Ord. 1423 § 1, 1999).

9.13.020 Prohibition.

In accordance with RCW 9.46.295, the operation or conduct of social card games as defined by RCW 9.46.0282 by a person, association, or organization for profit, gain, or as a commercial stimulant or otherwise is absolutely prohibited within the city of Milton. (Ord. 1423 § 2, 1999).

9.13.030 No establishments currently licensed.

There are no establishments currently licensed by the Washington State Gambling Commission and/or lawfully operating in the city as of the date of the ordinance codified in this chapter. (Ord. 1423 § 3, 1999).

9.13.040 Violation – Penalty.

Any person who violates or fails to comply with the provisions of this chapter shall be guilty of a misdemeanor and punishable pursuant to Milton Municipal Code. (Ord. 1423 § 4, 1999).

9.13.050 Definitions.

For the purposes of this chapter the words and terms used herein shall have the same meaning given to each pursuant to Chapter 9.46 RCW, as the same may exist and from time to time be amended; and is set forth in the Rules of the Washington State Gambling Commission, WAC Title 230, as the same may exist or hereafter be amended, unless otherwise specifically provided herein. (Ord. 1423 § 5, 1999).

9.13.060 Severability.

If any provision of this chapter is determined to be invalid or unenforceable for any reason, the remaining provisions shall remain in force and in effect, and the moratorium established under Ordinance 1412 shall remain in effect and shall run six months from the date of the determination of invalidity or unenforceability. (Ord. 1423 § 6, 1999).

Chapter 9.16
DRUGS, NARCOTICS AND PARAPHERNALIA

Sections:

9.16.010 State statutes adopted by reference.

9.16.020 Seizure and forfeiture.

9.16.010 State statutes adopted by reference.

The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as part of this chapter as though such sections were set forth herein in full:

RCW
69.41.010	Definitions [Legend drugs – Prescription Drugs].
69.41.020	Prohibited acts – Information not privileged communication.
69.41.030	Sale, delivery or possession of legend drug without prescription or order prohibited – Exceptions.
69.41.040	Prescription requirements.
69.41.050	Labeling requirements.
69.41.060	Search and seizure.
69.41.070	Penalties.
69.41.230	Drugs in violation are contraband.
69.41.300	Definitions (Steroids).
69.41.900	Severability.
69.50.101	Definitions [Uniform Controlled Substances Act].
69.50.102	Drugs paraphernalia – Definitions.
69.50.202	Nomenclature.
69.50.204	Schedule I.
69.50.206	Schedule II.
69.50.208	Schedule III.
69.50.210	Schedule IV.
69.50.212	Schedule V.
69.50.302	Registration requirements.
69.50.306	Records of registrants.
69.50.307	Order forms.
69.50.308	Prescriptions.
69.50.309	Containers.
69.50.401(e)	Prohibited acts: A – Penalties.
69.50.404	Penalties under other laws.
69.50.407	Conspiracy.
69.50.408	Second or subsequent offenses.
69.50.412	Prohibited acts: E – Penalties.
69.50.425	Misdemeanor violations minimum imprisonment.
69.50.506	Burden of proof – Liabilities.

(Ord. 1370 § 2, 1998; Ord. 1239 § 3, 1994; Ord. 1086 § 1, 1988).

9.16.020 Seizure and forfeiture.

A. RCW 69.50.505, as now or hereinafter amended, is adopted by reference as part of this chapter as though set forth herein in full.

B. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of the remaining portions of this chapter. (Ord. 1370 § 2, 1998; Ord. 1239 § 3, 1994; Ord. 1149 § 1, 1991; Ord. 1086 § 1, 1988).

Chapter 9.24
LIQUOR

Sections:

9.24.010 State statutes adopted by reference.

9.24.010 State statutes adopted by reference.

The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as part of this chapter as though such sections were set forth herein in full:

RCW

66.04.010 Definitions.

66.44.010 Local officers to enforce law – Authority of board – Liquor enforcement officers.

66.44.040 Sufficiency of description of offenses in complaints, information, process, etc.

66.44.050 Description of offense in words of statutes – Proof required.

66.44.080 Service of process on corporation.

66.44.090 Acting without license.

66.44.100 Opening or consuming liquor in public place – Penalty.

66.44.130 Sales of liquor by drink or bottle.

66.44.150 Buying liquor illegally.

66.44.160 Illegal possession, transportation of alcoholic beverages.

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

66.44.175 Every person who violates any provision of this title or the regulations shall be guilty of a violation of this title whether otherwise declared or not.

66.44.180 General penalties – Jurisdiction for violations.

66.44.200 Sales to persons apparently under the influence of liquor.

66.44.210 Obtaining liquor for ineligible person.

66.44.240 Drinking in public conveyance – Penalty against carrier – Exception.

66.44.250 Drinking in public conveyance – Penalty against individual – Restricted application.

66.44.265 Candidates giving or purchasing liquor on election day prohibited.

66.44.270 Furnishing liquor to minors – Possession, use – Exceptions.

66.44.280 Minor applying for permit.

66.44.290 Minor purchasing or attempting to purchase liquor.

66.44.291 Minor purchasing or attempting to purchase liquor – Penalty against persons between ages of eighteen and twenty, inclusive.

66.44.300 Treating minor, etc., in public place where liquor sold.

66.44.310 Minors frequenting taverns or cocktail lounges – Misrepresentation of age – Penalty – Classification of licenses.

66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment.

66.44.320 Sales of liquor to minors a violation.

66.44.325 Unlawful transfer to a minor of an identification of age.

66.44.328 Preparation or acquisition and supply to person under age twenty-one of facsimile of official identification card – Penalty.

66.44.330 Prosecutions to be reported by prosecuting attorney and police court. [See RCW 35.21.170 and 36.27.020(13)].

66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for class E and/or F licensed employers.

66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for class A, C, D and/or H licensed employers.

66.44.370 Resisting or opposing officers in enforcement of title.

(Ord. 1086 § 1, 1988).

Chapter 9.28
OFFENSES RELATING TO
SCHOOLS, SCHOOL PERSONNEL
AND LIBRARIES²

Sections:

9.28.010 State statutes adopted by reference.

9.28.010 State statutes adopted by reference.

The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as part of this chapter as though such sections were set forth herein in full:

RCW

28A.635.020 Wilfully disobeying school administrative personnel or refusing to leave public property, violations, when – Penalty.

28A.635.060 Defacing or injuring school property – Liability of pupil, parent or guardian – Voluntary work program as alternative – Rights protected.

28A.635.070 Property, failure of officials or employees to account for – Mutilation by – Penalties.

28A.635.090 Interfering by force or violence with any administrator, teacher or student unlawful.

28A.635.100 Intimidating any administrator, teacher or student by threat of force or violence unlawful.

28A.635.110 Violations under RCW 28A.635.090 and 28A.635.100 – Disciplinary authority exception.

28A.635.120 Violations under RCW 28A.635.090 and 28A.635.100 – Penalty.

27.12.330 Penalty for injury to property.

(Ord. 1239 § 4, 1994; Ord. 1086 § 1, 1988).

Chapter 9.30
DOMESTIC VIOLENCE

Sections:

9.30.010 State statutes adopted by reference.

9.30.010 State statutes adopted by reference.

The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as part of this chapter as though such sections were set forth herein in full:

RCW

10.99.010 Purpose – Intent.

10.99.020 Definitions [Domestic Violence – Official Response].

10.99.030 Law enforcement officers – Training, powers, duties.

10.99.040 Restrictions upon and duties of court.

10.99.045 Appearances by defendant – Orders prohibiting contact.

10.99.050 Restriction or prohibition of contact with victim – Violation, penalties – Written order – Procedures.

10.99.055 Enforcement of orders against defendants.

10.99.060 Notification of victim of prosecution decision – Description of procedures available to institute criminal proceedings.

10.99.070 Liability of peace officers.

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

26.50.010 Definitions [Domestic Violence Prevention].

26.50.020 Commencement of action – Jurisdiction – Venue.

26.50.030 Petition for an order for protection – Availability of forms and instructional brochures – Filing fee, when required – Bond not required.

26.50.035 Development of forms and instructional brochures by the administrator for the courts – Distribution of master copy.

26.50.040 Application for leave to proceed in forma pauperis.

26.50.050 Hearing – Service – Time.

26.50.060 Relief – Realignment of designation of parties.

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 – Costs and attorney’s fees.

26.50.130 Order – Modification – Transmittal.

26.50.140 Peace officers – Immunity.

26.50.200 Title to real estate – Effect.

26.50.210 Proceedings additional.

26.50.900 Short title.

26.50.901 Effective date – 1984 c 263.

26.50.902 Severability – 1984 c 263.

(Ord. 1239 § 5, 1994; Ord. 1086 § 1, 1988).

Chapter 9.34
HARASSMENT

Sections:

9.34.010 State statutes adopted by reference.

9.34.010 State statutes adopted by reference.

The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full:

RCW

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.

9A.46.900 Short title.

9A.46.910 Severability – 1985 c 288.

10.14.120 Disobedience of order – Penalties.

10.14.150 Jurisdiction.

10.14.170 Criminal penalty.

(Ord. 1370 § 3, 1998; Ord. 1086 § 1, 1988).

Chapter 9.36
PUBLIC DISTURBANCE³

Sections:

9.36.010 Definitions – Public place.

9.36.020 Riot.

9.36.030 Failure to disperse.

9.36.040 Disruption of school activities.

9.36.050 Disorderly conduct.

9.36.060 Unlawful tire noise.

9.36.070 False reporting.

9.36.080 Repealed.

9.36.090 Repealed.

9.36.100 Penalty.

9.36.110 Severability.

9.36.010 Definitions – Public place.

As it pertains to this chapter, a public place means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and buildings open to the general public, and doorways and entrances to buildings or dwellings and the grounds enclosing them. (Ord. 1086 § 2, 1988).

9.36.020 Riot.

A. A person is guilty of the crime of riot if, acting with three or more other persons, he/she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property.

B. The crime of riot is a gross misdemeanor in all cases where the actor is not armed with deadly weapon. (Ord. 1086 § 2, 1988).

9.36.030 Failure to disperse.

A. A person is guilty of the crime of failure to disperse if:

1. He/she congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person or substantial harm to property; and

2. He/she refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law.

B. Failure to disperse is a misdemeanor. (Ord. 1086 § 2, 1988).

9.36.040 Disruption of school activities.

A. A person is guilty of the crime of disruption of school activities if he/she comes into or remains in any school building, classroom, or upon any school ground or street, sidewalk, or public way adjacent thereto, without lawful reason, and intentionally causes substantial disruption of the activities of the school.

B. Disruption of school activities is a misdemeanor. (Ord. 1086 § 2, 1988).

9.36.050 Disorderly conduct.

A. A person is guilty of the crime of disorderly conduct if he/she:

1. While in a public place, uses abusive, profane, or offensive language and thereby intentionally creates a risk of assault or intentionally causes a breach of the peace; or

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

3. Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or

4. Intentionally fights with another in a public place and thereby creates a substantial risk of:

a. Injury to a person who is not actively participating in the fight; or

b. Damage to the property of a person who is not actively participating in the fight; or

5. Throws objects at any house, building, vehicle or person with an intent to annoy, intimidate, harass, or disturb any person; or

6. Challenges another person to fight, or fights by agreement; except as part of an organized athletic event.

B. Disorderly conduct is a misdemeanor. (Ord. 1086 § 2, 1988).

9.36.060 Unlawful tire noise.

A. A person is guilty of the crime of unlawful tire noise when he/she operates a motor vehicle on a public place in such a manner as to cause or allow to be emitted squealing, screeching, or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners; provided, that sound resulting from an emergency braking to avoid imminent danger shall be exempt from this section; provided further, that law enforcement personnel in the performance of their duty shall be exempt from this section.

B. The crime of unlawful tire noise is a misdemeanor. (Ord. 1086 § 2, 1988).

9.36.070 False reporting.

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

B. False reporting is a gross misdemeanor. (Ord. 1086 § 2, 1988).

9.36.080 Unlawful public disturbance noises.

Repealed by Ord. 1317. (Ord. 1086 § 2, 1988).

9.36.090 Sounds exempt from unlawful public disturbance noises.

Repealed by Ord. 1317. (Ord. 1086 § 2, 1988).

9.36.100 Penalty.

A. Any violation of MMC 9.36.030, 9.36.040, 9.36.050 or 9.36.060, upon conviction, shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days or by both such fine and imprisonment.

B. Any violation of MMC 9.36.020 or 9.36.070, upon conviction, shall be punished by a fine not to exceed $1,000 or by imprisonment of not more than one year, or by both such fine and imprisonment.

C. In the event that any gross misdemeanor or misdemeanor penalty adopted pursuant to subsections A or B of this section establishes a penalty different from a penalty prescribed for that crime by state statute, the penalty prescribed by state statute shall control. (Ord. 1317 § 2, 1998; Ord. 1239 § 7, 1994; Ord. 1086 § 2, 1988).

9.36.110 Severability.

If any provisions of this chapter or its application to any person or circumstances is held invalid, the remainder of the act or the application of the provisions to other persons or circumstances is not affected. (Ord. 1086 § 2, 1988).

Chapter 9.37
NOISE REGULATIONS

Sections:

9.37.010 Definitions.

9.37.020 Quantitative standards for sounds.

9.37.030 Public disturbance noise – Prohibited.

9.37.040 Public disturbance noise – Definition.

9.37.050 Exemptions.

9.37.060 Enforcement.

9.37.070 Penalty.

9.37.010 Definitions.

Specific terms used in this chapter are defined below. Technical terminology used in this chapter and not defined herein shall be interpreted in conformance with the American National Standards Institute Specifications, Section 1.1-1960 and Section 1.4-1971 as now in force or as later amended. All other terms shall be interpreted in conformance with their usual and ordinary meaning.

A. “Construction” means any site preparation, clearing, grading, assembly, erection, demolition, substantial repair, alteration or similar action for or of public or private rights-of-way, structures, utilities or similar property.

B. “Day” or “daytime” means the hours between 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 7:00 p.m. on Saturdays, Sundays and legal holidays. Legal holidays are defined in RCW 1.16.050.

C. “District” means the land use zones to which the provisions of this chapter are applied. For the purpose of this chapter:

1. “Residential district” includes those districts defined as RS, RM and OS.

2. “Business district” includes those districts defined as B and MX.

3. “Commercial district” includes the districts defined as CF and M-1.

D. “Night” or “nighttime” means those hours not defined as “day” or “daytime” in subsection B of this section.

E. “Noise” means the intensity, duration and character of sounds from any and all sources.

F. “Originating property” means the real property upon which, or within which, the noise originates.

G. “Property boundary” means an imaginary line exterior to any enclosed structure, at ground surface, which separates the real property of one or more persons from that owned by others, and its vertical extension. For structures containing multiple units, such as condominiums, apartment buildings, office buildings or similar structures, the property boundary shall be coincident with the internal surface of any wall, ceiling or floor.

H. “Real property” means an interest or aggregate of rights in land that is guaranteed and protected by law. For the purposes of this chapter, “real property” includes leasehold interests, including interests in a unit of a multiple unit structure, such as a condominium, apartment building, office building or other structures, regardless of whether the unit in question is a ground floor unit or not. For the purpose of this chapter, “ground floor” is synonymous with “first floor” and such term shall be given its usual and ordinary meaning.

I. “Receiving property” means real property within which sound originating from outside the property is received.

J. “Weekday” means any day, Monday through Friday, that is not a legal holiday as defined in RCW 1.16.050.

K. “Weekend” means Saturday, Sunday and any legal holiday as defined in RCW 1.16.050. (Ord. 1317 § 1, 1998).

9.37.020 Quantitative standards for sounds.

A. Unlawful Sounds. Except as provided in MMC 9.37.050 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 intrudes into the real property of another person and which exceeds the maximum permissible sound levels established in subsection B of this section. Penalties for violation of this section shall be in accordance with MMC 9.37.070.

B. Maximum Permissible Sound Levels. Noise measurement shall be measured in dB(A) with a sound level meter. Measurement of sound levels from all sources shall be made at or within the property boundary of the receiving property. Maximum permissible sound levels for districts within the city of Milton expressed in dB(A)s are:

	District of Noise Source
District of Receiving Property	Residential	Business	Commercial
Residential	55	57	60
Business	57	60	65
Commercial	60	65	70

C. Modifications to Maximum Permissible Sound Levels. The maximum permissible sound levels established by this chapter received on in property within a residential district shall be reduced by 10 dB(A) during nighttime hours. (Ord. 1317 § 1, 1998).

9.37.030 Public disturbance noise – Prohibited.

Except as provided in MMC 9.37.050, it shall be unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, or for any person operating or in control of a motor vehicle to allow to originate from that vehicle, sound that is a public disturbance noise as defined in MMC 9.37.040. Penalties for violation of this section shall be in accordance with MMC 9.37.070. (Ord. 1317 § 1, 1998).

9.37.040 Public disturbance noise – Definition.

“Public disturbance noise” means any sound that endangers or injures the safety or health of humans or animals, or endangers or damages personal or real property, or annoys, or disturbs any reasonable person of normal sensitivities, and includes, but is not limited to, those noises listed in subsections A through K.

A. Loud, raucous, frequent, repetitive, or continuous sounds made by any animal.

B. Loud, raucous, frequent, repetitive, or continuous sounds made by any horn or siren attached to a motor vehicle, except such sounds that are made to warn of danger or that are specifically permitted or required by law.

C. Loud, raucous, frequent, repetitive, or continuous sounds made in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine.

D. Loud, raucous, frequent, repetitive, or continuous sounds created by use of any device capable of producing an impulsive sound such as when being struck by an object, by a whistle, by a sound amplifier, or by any audio equipment such as a radio, tape player, disc player or any other audio device capable of producing, reproducing or amplifying sound so as to be audible greater than 50 feet from the source of sound, whether stationary, portable or in a motor vehicle.

E. Loud, raucous, frequent, repetitive, or continuous sounds made by the amplified or unamplified human voice between the hours of 10:00 p.m. and 7:00 a.m. The content of the speech shall not be considered against any person in determining a violation of this subsection.

F. A sound amplifier or other device capable of producing or reproducing an amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property, or the contents therein, except as permitted by law.

G. The creation of any loud and raucous sound within 1,000 feet of any school, hospital, sanitarium, nursing or convalescent facility.

H. Any sound out of doors that interferes with normal conversations at a distance of 50 feet from the source of the sound.

I. Any sound from a 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.

J. 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, if not operated upon the property of the operator.

K. Any sound that exceeds the decibel levels set forth in MMC 9.37.020.

The foregoing provisions 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 10:00 p.m. (Ord. 1317 § 1, 1998).

9.37.050 Exemptions.

A. Sounds Exempt at All Times. The following sounds are exempt at all times from the prohibition of this chapter.

1. Sounds originating from aircraft in flight, and sounds which originate at airports and are directly related to flight operations.

2. Sounds created by safety and protective devices such as relief valves where noise suppression would defeat the safety release intent of the device.

3. Sounds created by fire alarms.

4. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community.

5. Sounds created by auxiliary equipment on motor vehicles used for maintenance.

6. Sounds created by warning devices or alarms not operated continuously for more than 30 minutes per incident.

7. Sounds created by stationary equipment used in the conveyance of water by utility.

8 Sounds created by electrical substations.

9. Sounds created in the interest of law enforcement or for the health, safety or welfare of the city.

B. Sounds Exempt During Daytime Hours. The following sounds are exempt during daytime hours from the prohibitions of this chapter:

1. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances.

2. Sounds created by the discharge of firearms on authorized shooting ranges.

3. Sounds created by blasting.

4. Sounds created by the installation or repair of essential utility services.

5. Sounds created by bells, chimes or carillons not operating for more than five minutes in any one hour.

6. Sounds created by construction equipment and vehicles operating at designated construction sites when operating in compliance with permits issued by the city of Milton or other authorized authority.

7. Noise originating from properly licensed businesses when operating in accordance with the licensing provisions of that business; provided, that all such businesses are subject to MMC 9.37.020.

8. Sounds created by bells or music originating from mobile vendors, such as ice cream vendors, provided they are properly licensed.

C. Amplified and unamplified sounds originating from officially sanctioned parades and other city-sponsored or approved public events are exempt from the prohibitions of this chapter. (Ord. 1514 § 1, 2002; Ord. 1317 § 1, 1998).

9.37.060 Enforcement.

A. Enforcement of Quantitative Standards. The public works director, or his designated representative, or the Milton police department shall have authority to administer and enforce the quantitative standards provisions of this chapter.

B. Enforcement of Public Disturbance Noise. The Milton police department shall have authority to administer and enforce the public disturbance noise provisions of this chapter.

A citation may be issued by any Milton police officer for a public disturbance noise defined in MMC 9.37.040(I) and (J).

A citation may be issued by any Milton police officer for a public disturbance noise defined in MMC 9.37.040(A) through (H) only upon receipt of at least two individual complaints. At least one of those complaints must hold an interest in real property located within the city of Milton or be a member of a Milton household. The second complainant may be a police officer. (Ord. 1317 § 1, 1998).

9.37.070 Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount fixed by the court of not more than $1,000 or by imprisonment for a maximum term fixed by the court of not more than 90 days or by both such fine and imprisonment. Each day that the violation continues shall be deemed a separate violation subject to the maximum penalty therefor. (Ord. 1317 § 1, 1998).

Chapter 9.38
COASTERS, ROLLERSKATES,
AND SKATEBOARDS⁴

Sections:

9.38.010 Purpose.

9.38.020 Negligent operation of skateboards, coasters, and rollerskates prohibited.

9.38.030 Parental responsibilities.

9.38.040 Enforcement – Penalty – Seizure and forfeiture.

9.38.050 Severability.

9.38.010 Purpose.

The city council finds that the regulation of the use and/or operation of coasters, rollerskates, skateboards within the city of Milton is a serious public safety concern, especially the safety of minor persons and others upon the public highways of the city of Milton. Toward that end, this chapter is aimed at making unlawful the negligent use and/or operation of such vehicles upon the public roadways of the city of Milton so as to protect the operator of the vehicle and to protect motor vehicles lawfully proceeding upon the public highways. (Ord. 1086 § 2, 1988).

9.38.020 Negligent operation of skateboards, coasters, and rollerskates prohibited.

It is unlawful for any person to operate a skateboard in a negligent manner upon any roadway, sidewalk or publicly owned parking lot. For the purpose of this section, “to operate in a negligent manner” means the operation of a skateboard in such a manner as to endanger or be likely to endanger any persons or property. An offense under this section is a misdemeanor. (Ord. 1086 § 2, 1988).

9.38.030 Parental responsibilities.

It shall be unlawful for every parent, guardian, or other adult person having the care and custody of any minor child under 18 years of age to knowingly permit such a minor child to violate this chapter. An offense under this section is a misdemeanor. (Ord. 1086 § 2, 1988).

9.38.040 Enforcement – Penalty – Seizure and forfeiture.

A. Any minor violating the provisions of this chapter shall be dealt with in accordance with juvenile law and juvenile court procedure, and if remanded for police court prosecution, upon conviction, shall be fined not more than $100.00, or be imprisoned not more than 30 days, or both in discretion of the court; provided however, that upon the first such offense, the maximum penalty shall be a written and verbal warning of violation.

B. Any adult violating the provisions of this chapter, upon conviction, shall be punished by a fine not to exceed $100.00 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment; provided however, that upon the first such offense, the maximum penalty shall be a written and verbal warning of violation.

C. 1. All skateboards, rollerskates and coasters operated in violation of this chapter or in conjunction with a violation of MMC 9.04.020 (RCW 9A.52.080) are subject to seizure and forfeiture; provided any person who has any property seized for the first time pursuant to this chapter may prevent forfeiture of said property by contacting the police department in writing within 15 days of receipt of notice of seizure, requesting the property be returned. In such a case, the police department shall return the property after 30 and before 40 days of its seizure. A hearing may be held pursuant to subsection (C)(5) of this section to determine if a person may claim under this exception.

2. Property subject to forfeiture under this chapter may be seized by any law enforcement officer who has reasonable cause to believe the property was being used in violation of this chapter or MMC 9.04.020 (RCW 9A.52.080).

3. The police department shall cause notice to be served within 15 days following the seizure on the person from whom the property is seized of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule. Service shall be deemed complete upon mailing.

4. If no person notifies the police department in writing of the person’s claim of ownership or right to possession of the seized property within 30 days of the seizure, such property shall be deemed forfeited.

5. If any person notifies the police department in writing of the person’s claim of ownership or right to possession within 30 days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to their claim or right. The hearing shall be before the chief of police or his or her designee. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the seized items. A hearing before the seizing agency and any appeal therefrom shall be under RCW Title 34.

6. When property is forfeited under this chapter the police department shall:

a. Destroy that property which is deemed to be harmful to the public; or

b. Sell that property which is not deemed to be harmful to the public. The proceeds shall be deposited in the general fund of the city. (Ord. 1128 § 1, 1990; Ord. 1086 § 2, 1988).

9.38.050 Severability.

If any provision of this act or its application to any person or circumstances is held invalid, the remainder of the act or application to the provision to other persons or circumstances is not affected. (Ord. 1086 § 2, 1988).

Chapter 9.40
CRIMINAL CODE BAIL SCHEDULE

Sections:

9.40.010 MMC 9.04.010.

9.40.020 MMC 9.04.020.

9.40.030 MMC 9.08.010.

9.40.040 MMC 9.12.010.

9.40.050 Chapter 9.16 MMC.

9.40.060 Chapter 9.24 MMC.

9.40.070 Chapter 9.28 MMC.

9.40.080 Chapter 9.30 MMC.

9.40.090 Reserved.

9.40.100 Chapter 9.34 MMC.

9.40.110 Chapter 9.36 MMC.

9.40.120 Chapter 9.38 MMC.

9.40.130 Chapter 9.42 MMC.

9.40.140 Chapter 9.44 MMC.

9.40.150 MMC Title 5.

9.40.160 Chapter 6.04 MMC.

9.40.170 Chapter 8.04 MMC.

9.40.180 Chapter 8.16 MMC.

9.40.190 MMC Title 10.

9.40.010 MMC 9.04.010.

The following shall be the bail schedule for those crimes enacted pursuant to MMC 9.04.010:

Abortion

RCW
9.02.050	Unlawful to conceal birth of a child by disposition of its dead body, before or after birth ($1,000)

Abandoned Refrigeration Equipment

RCW
9.03.010	Abandoning, discarding, or leaving refrigerator, icebox, etc., in a place accessible to children, which has not had the door or lock removed ($500.00)
9.03.020	Permitting unused refrigeration equipment to remain on premises ($500.00)

Advertising, Crimes Relating To

RCW
9.04.010	False advertising ($500.00)
9.04.050	False, misleading, deceptive advertising ($500.00)
9.04.090	Advertising fuel prices expressed in a unit of measurement different from that employed at the pump, or a price conditional upon the purchase of another product ($500.00)

Anarchy and Sabotage

RCW
9.05.150	Publishing matter inciting breach of peace ($1,000)

Brands and Marks, Crimes Relating To

RCW
9.16.030	Unlawfully use, display, or possess a genuine label or mark without authorization or counterfeit or use a counterfeit trademark, brand, etc. ($1,000)
9.16.040	Displaying goods with false trademark ($500.00)
9.16.080	Sales of petroleum products improperly labeled or by wrong grade – 1st violation ($500.00)
9.16.080	Sales of petroleum products improperly labeled or by wrong grade – 2nd and subsequent violations ($1,000)

Bidding Offenses

RCW
9.18.120	Suppression of competitive bidding ($1,000)
9.18.130	Collusion or preventing competitive bidding ($1,000)

Telephone Credit Cards

RCW
9.26A.090	Unlawful use, selling, renting, etc., telephone credit card numbers ($1,000)
9.26A.110	Fraud in obtaining telecommunications service ($1,000)
9.26A.120	Fraud in operating coin-box telephone or other receptacle ($1,000)
9.26A.130	Penalty for manufacture or sale of slugs to be used for coin ($1,000)

Interference with Court

RCW
9.27.015	Interference with, obstructing, or impeding the administration of justice in or near a court ($1,000)

False Representations

RCW
9.38.010	False representation concerning credit ($500.00)
9.38.015	False statement by a deposit account applicant ($1,000)
9.38.020	False representation concerning title ($500.00)

Fire Alarms

RCW
9.40.100(1)	Unlawful to sound a false alarm ($500.00)

Firearms and Dangerous Weapons

RCW
9.41.050	Carrying a concealed pistol without a permit ($500.00)
9.41.120	Unlawful transfers forbidden ($500.00)
9.41.140	Alter, change, remove, etc., identifying marks of a pistol ($500.00)
9.41.170	Unlawful alien to carry any firearm without a permit ($500.00)
9.41.230	Aiming or unlawful discharging firearms toward another or in a public place ($500.00)
9.41.240	Unlawful use of firearms by a minor under 14 years old ($500.00)
9.41.250	Unlawful to manufacture, sell, possession of dangerous weapons (sling-shot, club, metal knuckles, etc.) ($1,000)
9.41.270	Unlawful to carry, exhibit, display, etc., weapons capable of producing bodily harm, in a manner to intimidate ($1,000)
9.41.280	Unlawful carrying dangerous weapons on school premises by students ($1,000)
9.41.300	Firearms prohibited in jail ($1,000)
9.41.300	Firearms prohibited in courtroom ($1,000)
9.41.300	Firearms prohibited in public mental health facility ($1,000)
9.41.300	Firearms prohibited in establishments classified by liquor control board as off limits to persons under 21 years old ($1,000)
77.16.250	Loaded firearms in vehicles ($500.00)
77.16.260	Shooting firearms from public highways ($500.00)

Forgery

RCW
9.44.080	Unlawful to sign name of another or a fictitious person on a petition ($500.00)

Frauds and Swindles

RCW
9.26A.120	Fraud in operating coin box telephone or other receptacle ($500.00)
9.26A.110 (1)(a)	Fraud in obtaining telecommunications service – Penalty ($1,000)
9.26A.130	Manufacturing or sale of slugs to be used for coin ($500.00)
9.45.060	Unlawful to sell, remove, conceal, etc., leased or rented personal property ($1,000)
9.45.062	Failure to return leased personal property ($1,000)
9.45.070	Unlawful mock auctions ($500.00)
9.45.080	Fraudulent removal of property ($1,000)
9.45.090	Knowingly receiving fraudulent conveyance or property ($500.00)
9.45.100	Fraud in assignment for benefit of creditors ($1,000)

Inhaling Toxic Fumes

RCW
9.47A.020	Unlawful inhalation of toxic fumes or to induce another ($100.00)
9.47A.030	Possession of certain glue prohibited, when it is for the purpose of violating MMC 9.04.010 ($100.00)
9.47A.040	Sales of certain substances prohibited, when sold for purpose of violating MMC 9.04.010 ($100.00)

Juries, Crimes Relating To

RCW
9.51.010	Misconduct of officer drawing jury ($1,000)
9.51.020	Soliciting for jury duty ($1,000)
9.51.030	Misconduct of officer in charge of jury ($1,000)

Libel and Slander

RCW
9.58.010	Unlawful libel acts ($1,000)
9.58.080	Furnishing libelous material to a publisher, etc., to be published ($500.00)
9.58.090	Threatening to publish libel material ($1,000)
9.58.110	Maliciously speaking of a female over 12 years old ($500.00)

Telephone Harassment

RCW
9.61.230	Unlawful to make telephone calls to harass, intimidate, torment or embarrass by lewd, profane, indecent or obscene language ($1,000)
9.61.230	Unlawful to use a telephone to make anonymous or repeated, or inconvenient time calls ($1,000)
9.61.230	Unlawful to use a telephone to threaten injuries ($1,000)
9.61.240	Unlawful to permit a phone to be used in making telephone calls to harass, intimidate, torment or embarrass ($500.00)

Malicious Prosecution

RCW
9.62.010(2)	Malicious prosecution ($500.00)
9.62.020	Instituting a suit in the name of another ($1,000)

Nuisance

RCW
9.66.030	Unlawful to maintain or permit a nuisance ($500.00)
9.66.050	Unlawful to deposit an unwholesome substance ($1,000) (Also see disorderly conduct, MMC 9.36.050 – misdemeanor)

Obscenity and Pornography

RCW
9.68.030	Unlawful to expose for sale, loan or distribute indecent articles, etc. ($500.00)
9.68.060	Unlawful to sell, distribute, etc., erotic material after it has been determined by a court to be obscene – 1st offense ($500.00)
9.68.060	Unlawful to sell, distribute, etc., erotic material after it has been determined by a court to be obscene – 2nd offense ($1,000)
9.68.080	Unlawful acts ($500.00)
9.68.130	Unlawful to display sexually explicit material ($1,000)

Sexual Exploitation of Children

RCW
9.68A.080	Processors of depictions of minors engaged in sexually explicit conduct – Report required ($1,000)
9.68A.090	Communications with minor for immoral purposes ($1,000)
9.68A.150	Allowing minor on premises of live or erotic performance ($1,000)

Privacy, Violating Right of

RCW
9.73.010	Divulging telegram ($500.00)
9.73.020	Opening sealed letter ($500.00)
9.73.030	Intercepting or recording private communication – Consent required – Exceptions ($1,000)

Crimes Relating to the Flag

RCW
9.86.020	Improper use of flag prohibited ($1,000)
9.86.030	Desecration of flag ($1,000)

Miscellaneous Crimes

RCW
9.91.010	Unlawful to deny accommodations, advantages, facilities, etc., to any person based upon race, creed, or color ($500.00)
9.91.025	Unlawful bus conduct ($500.00)
9.91.060	Leaving children unattended in parked automobile – Tavern – Under 12 years old ($1,000)
9.91.110	Metal buyers – Records of purchases ($500.00)
9.91.130	Unlawful disposal of trash in charity donation receptacle ($500.00)
9.91.140	Food coupons ($500.00)
9.91.160	Personal protection spray devices ($500.00)

(Ord. 1544 § 1, 2002; Ord. 1370 § 4, 1998; Ord. 1239 § 7, 1994).

9.40.020 MMC 9.04.020.

The following shall be the bail schedule for those crimes enacted pursuant to MMC 9.04.020:

Anticipatory Offenses

RCW
9A.28.020	Criminal attempt to commit a crime (when the crime attempted was a class C felony) ($1,000)
9A.28.020	Criminal attempt to commit a crime (when the crime attempted was a gross misdemeanor or misdemeanor) ($500.00)
9A.28.030	Criminal solicitation – Unlawful to promote or facilitate the commission of a crime (when a class C felony) ($1,000)
9A.28.030	Criminal solicitation – Unlawful to promote or facilitate the commission of a crime (when a misdemeanor or gross misdemeanor) ($500.00)
9A.28.040	Criminal conspiracy – Unlawful to conspire with one or more persons to commit a crime (when a class C felony) ($1,000) ($500.00)
9A.28.040	Criminal conspiracy – Unlawful to conspire with one or more persons to commit a crime (when a gross misdemeanor or misdemeanor) ($500.00)

Custodial Interference

RCW
9A.40.070	Custodial interference – Second degree ($1,000)

Criminal Mistreatment

RCW
9A.42.080	Abandonment of a dependent person in the third degree ($1,000)

Sex Offenses

RCW
9A.44.096	Sexual misconduct with a minor in the second degree ($1,000)

Burning Violations

RCW
9A.48.050	Reckless burning in the second degree ($1,000)

Malicious Mischief

RCW
9A.48.090	Malicious mischief in the third degree (gross misdemeanor if the damage is over $50.00) ($1,000)
9A.48.090	Malicious mischief in the third degree (misdemeanor if the damage is $50.00 or under) ($500.00)
	(Domestic violence (DV)) ($1,500 cash only)

Interference with Health Care Facilities or Provider

RCW
9A.50.020	Interference with health care facility ($1,000)

Burglar Tools and Trespass

RCW
9A.52.060	Unlawful to make or have burglar tools ($1,000)
9A.52.070	Criminal trespass in the first degree (in a building) ($1,000)
	(Domestic violence (DV)) ($1,500 cash only)
9A.52.080	Criminal trespass in the second degree (enters or remains upon the premises of another) ($500.00)
	(Domestic violence (DV)) ($1,500 cash only)
9A.52.100	Vehicle prowling in the second degree ($1,000)
9A.52.120	Computer trespass in the second degree ($1,000)

Theft

RCW
9A.56.050	Theft in the third degree (not over $250.00) ($1,000)
9A.56.060	Unlawful issuance of checks or drafts ($250.00 and under) ($500.00)
9A.56.170	Possessing stolen property – Third degree ($250.00 and under) ($1,000)
9A.56.180	Unlawful to obscure the identity of a machine ($1,000)
9A.56.180	Unlawful to possess a machine with its identity obscured ($1,000)
9A.56.220	Theft of cable television services ($1,000)
9A.56.230	Unlawful sale of cable television services ($1,000)
9A.56.270	Shopping cart theft (removal or possession) ($500.00)

Fraud

RCW
9A.60.040	Criminal impersonation of another in the first degree ($1,000)
9A.60.040	Criminal impersonation of another in the second degree ($500.00)
9A.60.050	Unlawful to execute or use a false certification ($1,000)

Defrauding a Public Utility

RCW
9A.61.050	Defrauding a public utility in the third degree ($1,000)

Perjury

RCW
9A.72.040	Unlawful to make a false statement under oath ($1,000)
9A.72.140	Unlawful to tamper with a jury ($1,000)
9A.72.150	Unlawful to tamper with physical evidence ($1,000)

Obstructing

RCW
9A.76.020	Obstructing a public servant ($1,000)
9A.76.030	Refusing to summon aid for a peace officer ($500.00)
9A.76.040	Resisting arrest ($500.00)
9A.76.070	Rendering criminal assistance – First degree (a relative in the crime of murder or a class A felony) ($1,000)
9A.76.080	Rendering criminal assistance – Second degree (for a class B or C felony or for violation of parole or probation or community supervision) ($1,000)
9A.76.080	Rendering criminal assistance – Second degree (for a class B or C felony or for violation of parole or probation or community supervision if the actor is a relative) ($500.00)
9A.76.090	Rendering criminal assistance – Third degree (for a misdemeanor or gross misdemeanor) ($500.00)
9A.76.100	Compounding a crime ($1,000)