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)
9A.76.130	Escape in the third degree ($1,000)
9A.76.160	Introducing contraband in the third degree ($500.00)
9A.76.170	Bail jumping (for a misdemeanor or gross misdemeanor) ($500.00)
9A.76.175	Making a false or misleading statement to a public servant ($1,000)

Abuse of Office

RCW
9A.80.010	Unlawful for a public servant to intentionally commit an unauthorized act under the color of law ($1,000)
9A.80.010	Unlawful for a public servant to intentionally refrain from performing a duty imposed upon him by law ($1,000)

Indecent Exposure – Prostitution

RCW
9A.88.010	Indecent exposure – Obscene exposure of a person knowing that such conduct is likely to cause reasonable affront or alarm ($500.00)
9A.88.010	Indecent exposure – Obscene exposure of a person knowing that such conduct is likely to cause reasonable affront or alarm – Exposure to one under 14 years old ($1,000)
9A.88.030	Prostitution – Unlawful to engage or agree or offer to engage in sexual conduct with another for a fee ($500.00)
9A.88.090	Unlawful to permit prostitution ($500.00)
9A.88.110	Patronizing a prostitute ($500.00)

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

9.40.030 MMC 9.08.010.

The following shall be the bail schedule for those crimes enacted pursuant to MMC 9.08.010:

Assault

RCW
9A.36.041	Assault in the fourth degree ($1,000)
	(Domestic violence (DV)) ($1,500 cash only)
9A.36.050	Reckless endangerment (conduct that creates a substantial risk of death or serious physical harm ($1,000)
	(Domestic violence (DV)) ($1,500 cash only)
9A.36.070	Coercion (by use of threats compels or induces a person to engage in conduct the latter has a legal right to refrain from or to abstain from conduct which he has a legal right to engage in) ($1,000)
	(Domestic violence (DV)) ($1,500 cash only)
9A.36.150	Interfering with the reporting of domestic violence (DV) ($1,500 cash only)

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

9.40.040 MMC 9.12.010.

The following shall be the bail schedule for those crimes enacted pursuant to MMC 9.12.010:

Gambling

RCW
9.46.170	False or misleading entries or statements, refusal to produce records, as violations ($1,000)
9.46.185	Causing person to violate a rule or regulation is a violation ($1,000)
9.46.190	Violations relating to fraud or deceit ($1,000)
9.46.195	Obstruction of public servant in administration or enforcement as violation (for Chapter 9.46 RCW) ($500.00)
9.46.196	Defrauding or cheating other participant or operator is unlawful or causing another to do so is a violation ($1,000)
9.46.198	Unlawful to work in gambling activity without a license ($1,000)
9.46.230(5)	Unlawful to print, make, possess, store or transport any gambling record or buy, sell, etc. any such devices or records ($1,000)
9.46.240	Unlawful to transmit or receive gambling information by telephone, telegraph, radio, etc. ($1,000)

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

9.40.050 Chapter 9.16 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 9.16 MMC:

Drugs

RCW
69.41.030	Unlawful sale, delivery or possession of legend drug without prescription or order ($500.00)
69.41.050	Violation of labeling requirements ($500.00)
69.50.401(e)	Possession of 40 grams or less of marihuana ($500.00)
69.50.407	Conspiracy to commit a violation of this chapter – The penalty is the same as offense
69.50.408	Second or subsequent violations of this chapter – The penalty is twice that of the offense
69.50.412	Unlawful to use drug paraphernalia to grow a controlled substance ($500.00)
69.50.412	Unlawful to use drug paraphernalia to harvest a controlled substance ($500.00)
69.50.412	Unlawful to use drug paraphernalia to use a controlled substance ($500.00)
69.50.412	Unlawful to deliver or possess with intent to deliver drug paraphernalia to another ($500.00)
69.50.412	Unlawful to deliver or possess with intent to deliver drug paraphernalia to another (to one under 18 years or three years his junior) ($1,000)
69.50.412	Unlawful to advertise drug paraphernalia for sale ($500.00)

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

9.40.060 Chapter 9.24 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 9.24 MMC:

Liquor Laws

RCW
66.44.090	Acting without a required license ($1,000)
66.44.100	Opening or consuming liquor in public place ($100.00)
66.44.130	Sales of liquor by drink or bottle ($500.00)
66.44.150	Buying liquor illegally ($500.00)
66.44.160	Illegal possession, transportation of alcoholic beverages ($500.00)
66.44.170	Illegal possession of liquor with intent to sell ($500.00)
66.44.200	Sales to persons apparently under the influence of liquor ($500.00)
66.44.210	Obtaining liquor for ineligible person ($500.00)
66.44.240	Permitting drinking in public conveyance ($500.00)
66.44.250	Drinking in public conveyance ($500.00)
66.44.265	Candidates giving or purchasing liquor on election day prohibited ($500.00)
66.44.270	Minor in possession of liquor ($500.00)
66.44.270	Furnishing liquor to minors ($500.00)
66.44.270	Minor using liquor ($500.00)
66.44.280	Minor applying for permit ($500.00)
66.44.290	Minor purchasing liquor ($500.00)
66.44.290	Minor attempting to purchase liquor ($500.00)
66.44.290	Minor purchasing liquor – between ages of 18 and 20 ($500.00)
66.44.290	Minor attempting to purchase liquor – Between ages of 18 and 20 ($500.00)
66.44.300	Treating minor, etc., in public place where liquor is sold ($500.00)
66.44.310	Minors frequenting taverns or cocktail lounges – Misrepresentation of age ($500.00)
66.44.320	Sales of liquor to minors a violation ($500.00)
66.44.325	Unlawful transfer to a minor of an identification of age ($500.00)
66.44.328	Preparation or acquisition and supply to person under age 21 of facsimile of official identification card ($1,000)
66.44.370	Resisting officers in enforcement of liquor laws ($500.00)
66.44.370	Opposing officers in enforcement of liquor laws ($500.00)

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

9.40.070 Chapter 9.28 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 9.28 MMC:

Schools

RCW
27.12.330	Penalty for injury to property ($500.00)
28A.635.020	Willfully disobeying school administrative personnel or refusing to leave public property ($500.00)
28A.635.090	Interfering by force or violence with any administrator, teacher or student ($500.00)
28A.635.100	Intimidating any administrator, teacher or student by threat of force or violence ($500.00)

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

9.40.080 Chapter 9.30 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 9.30 MMC:

Domestic Violence

RCW
26.50.070	Violation of temporary order or protection (DV) ($1,500 cash only)

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

9.40.090 Reserved.

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

9.40.100 Chapter 9.34 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 9.34 MMC:

Harassment

RCW
9A.46.020	Unlawfully threatens to cause bodily injury ($1,000)
9A.46.020	Unlawfully threatens to cause physical damage ($1,000)
9A.46.020	Unlawfully threatens to cause physical confinement or restraint ($1,000)
9A.46.040	Violation of court-ordered requirements ($500.00)
9A.46.080	Violation of no contact order ($1,000)
9A.46.110	Stalking ($1,000)
	Domestic violence (DV) ($1,500 cash only)

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

9.40.110 Chapter 9.36 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 9.36 MMC:

Public Disturbance

9.36.020	Riot ($1,000)
9.36.030	Failure to disperse ($500.00)
9.36.040(A)	Disruption of school activities – 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 ($500.00)
9.36.050(A)(1)	Disorderly conduct – Uses abusive, profane, offensive language, thereby intentionally creates a risk of assault or intentionally causes a breach of the peace ($500.00)
9.36.050(A)(2)	Disorderly conduct – Disrupts assemblies or meetings ($500.00)
9.36.050 (A)(3)	Disorderly conduct – Obstructs vehicle or pedestrian traffic ($500.00)
9.36.050 (A)(4)	Disorderly conduct – Fights ($500.00)
9.36.050(A)(4)(a)	Disorderly conduct – Fights, risking injury to another ($500.00)
9.36.050(A)(4)(b)	Disorderly conduct – Damage to property of another ($500.00)
9.36.050(A)(5)	Disorderly conduct – Throws object at any house, building, vehicle to annoy, intimidate, harass, or disturb ($500.00)
9.36.050(A)(6)	Disorderly conduct – Challenges another to a fight ($500.00) (also see Nuisance, MMC 9.04.010)
9.36.060	Unlawful tire noise ($500.00)
9.36.070	False reporting a fire, explosion, crime, catastrophe, or emergency ($1,000)
9.37.020	Unlawful sound – Quantitative standards ($500.00)
9.37.030	Unlawful public disturbance noises – 9.37.040(A) through (K) ($500.00)

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

9.40.120 Chapter 9.38 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 9.38 MMC:

Coasters, Rollerskates, and Skateboards

9.38.020	Negligent operation of skateboards, coasters, rollerskates, etc. ($500.00)
9.38.030	Parental responsibilities ($500.00)

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

9.40.130 Chapter 9.42 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 9.42 MMC, Littering:

Littering

9.42.020

Enforcement ($500.00)

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

9.40.140 Chapter 9.44 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 9.44 MMC, Alarm Systems:

Alarm Systems

9.44.130

Penalty for violations ($500.00)

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

9.40.150 MMC Title 5.

The following shall be the bail schedule for those crimes enacted pursuant to MMC Title 5, Business Taxes, Licenses and Regulations:

MMC TITLE 5 – BUSINESS LICENSES, TAXES AND REGULATIONS

Business Licenses
5.04.110	Violation – Penalty ($500.00)
Merchant Patrol, Services
5.16.100	Violation – Penalty ($500.00)
Peddlers and Transient Merchants
5.20.120	Violation – Penalty ($500.00)
Pool, Billiard Table Games and Video Games
5.24.070	Penalty for violation ($500.00)
Authorized Gambling and Tax
5.36.170	Violations – Penalty ($500.00)
Panorams, Previews, Picture Arcades and Peep Shows
5.46.140	Violation a misdemeanor ($500.00)
Pawnbrokers and Secondhand Dealers
5.48.140	(RCW 19.60.066) ($1,000)

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

9.40.160 Chapter 6.04 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 6.04 MMC, Dogs and Other Animals:

MMC TITLE 6 – ANIMALS

6.01.010	Unlawful acts against police department dogs – Penalty for violation ($500.00)
6.01.010	Prevention of cruelty to animals – Certain acts as cruelty – Penalty ($500.00)
6.01.010	Prevention of cruelty to animals – Transporting or confining in unsafe manner – Penalty ($500.00)
6.01.010	Prevention of cruelty to animals – Confinement without food and water ($500.00)
6.01.010	Prevention of cruelty to animals – Old or diseased animals at large ($500.00)
6.01.010	Violations ($500.00)
6.01.010	Dangerous dogs – Confiscation – Conditions – Penalties ($1,000)
6.01.010	False certification of registration of animals – False representation as to breed (RCW 9.08.030) ($1,000)
6.01.010	Dogs – Taking, concealing, injuring, killing, etc., penalty (RCW 9.08.070) ($1,000)

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

9.40.170 Chapter 8.04 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 8.04 MMC, Fireworks:

Fireworks

8.04.160

Violation – Penalty ($500.00)

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

9.40.180 Chapter 8.16 MMC.

The following shall be the bail schedule for those crimes enacted pursuant to Chapter 8.16 MMC, Washington Clean Indoor Air Act:

RCW
70.160.070	($100.00)

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

9.40.190 MMC Title 10.

The following shall be the bail schedule for those crimes enacted pursuant to MMC Title 10, “Vehicles and Traffic” pursuant to penalties adopted by the Washington Model Traffic Code and 1994 Omnibus Drunk Driving Act and set forth at Chapter 10.04 MMC and in Ordinance No. 1240:

A charge of a misdemeanor under the Model Traffic Code ($500.00) pursuant to Ordinance No. 1239.

A charge of a gross misdemeanor under the Model Traffic Code ($1,000) pursuant to Ordinance No. 1239.

Except DUI, driver under 21 consuming alcohol, physical control, driving while license suspended (DWLS) first degree ($1,500 cash only). (Ord. 1544 § 1, 2002; Ord. 1370 § 4, 1998; Ord. 1239 § 7, 1994).

Chapter 9.42
LITTERING

Sections:

9.42.010 Penalty.

9.42.020 Enforcement.

9.42.010 Penalty.

No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property within the city or upon private property within the city not owned by him/her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

A. When such property is designated by the city for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose;

B. Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said private or public property or waters. (Ord. 1075 § 1, 1988).

9.42.020 Enforcement.

Any person violating the provision of this chapter shall be guilty of a misdemeanor and the fine for such violation shall not be less than $50.00 for each offense. In addition thereto, except where infirmity or age or other circumstance would create a hardship, such person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property and/or private property, with prior permission of the legal owner, for not less than eight hours nor more than 16 hours for each separate offense. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person’s employment and does not interfere substantially with the person’s family responsibilities. (Ord. 1075 § 1, 1988).

Chapter 9.44
ALARM SYSTEMS

Sections:

9.44.010 Purpose.

9.44.020 Definitions.

9.44.040 Instruction as to the operation of the system – User responsible for maintenance – Service contracts.

9.44.050 Persons responding to activated alarms.

9.44.060 Notifying police of alarms – Records.

9.44.070 Local or audible alarm system cutoff.

9.44.080 Operational defects to be remedied.

9.44.100 Alarm user permits required.

9.44.110 Improper activation of alarm.

9.44.120 False alarms.

9.44.130 Penalty for violations.

9.44.010 Purpose.

Since there are a growing number of alarm systems being sold and installed in the city of Milton, Washington, and its environs, causing the Milton police department to respond to alarm signals from such systems, and since there are a growing number of signals which are not the result of a life safety issue, burglary or robbery, and recognizing the value of effective alarm systems in responding to fire and medical emergencies, and in deterring crime and apprehending criminals, it is the purpose of this chapter to regulate the installation of alarm systems, to improve system effectiveness and to reduce, insofar as possible, the number of false alarms, causing police and fire department response. (Ord. 1460 § 1, 2000; Ord. 1108 § 1, 1989).

9.44.020 Definitions.

As used in this chapter:

A. “Alarm condition” means an actual fire or medical emergency, or actual or attempted burglary or robbery.

B. “Alarm system” means any mechanism, equipment, or device which is designed to detect a fire or signal a medical emergency, or detect an unauthorized entry into any building or onto any property, or to direct attention to robbery in progress, and to signal the above occurrences either by a local or audible alarm or by a silent or remote alarm. Alarm systems shall not include alarms installed in motor vehicles, which by their nature are mobile and are intended to prevent theft through the creation of a loud noise. Alarm devices, which automatically dial telephone numbers and/or play prerecorded messages, are prohibited.

C. “Employee” is a person who is employed by an alarm business and who sells, installs, services, maintains, repairs or replaces alarm systems in the city of Milton, or its environs.

D. “False alarm” means an alarm signal transmitted in the absence of an alarm condition, which results in police department response to the location of the alarm.

E. “Local or audible alarm” means an alarm that when activated makes a loud noise at or near the protected area or floods the site with lights, or both.

F. “Person” includes any individual, partnership, corporation or association.

G. “Silent or remote alarm” means an alarm without an obvious local indication that an alarm has been activated, which transmits a signal to a remote monitoring station.

H. “User” means any person who installs, operates, maintains, or engages another person to install, operate, or maintain an alarm system at a particular location which he/she owns or leases. (Ord. 1460 § 1, 2000; Ord. 1108 § 1, 1989).

9.44.040 Instruction as to the operation of the system – User responsible for maintenance – Service contracts.

A. The user shall be knowledgeable of proper operation of the system after it is installed. It shall be the responsibility of the user to see that all employees and persons regularly using the premises on which the alarm is installed are instructed in proper operating procedures to avoid false alarm signals.

B. It shall be the responsibility of the user of an alarm system to cause the system to be maintained in reliable operating condition. (Ord. 1460 § 1, 2000; Ord. 1108 § 1, 1989).

9.44.050 Persons responding to activated alarms.

The user shall not maintain or have any alarm system unless there is on file with the Milton police department the names and telephone numbers of at least two persons who are authorized to enter such premises and turn off the alarm. Upon notification of an activated alarm, at least one such person designated by the user shall proceed immediately to the location of the activated alarm and render all necessary service and assistance to restore the alarm to normal condition or to reset the alarm. Responding personnel shall arrive on the scene within a reasonable time after receiving notice of the alarm. (Ord. 1460 § 1, 2000; Ord. 1108 § 1, 1989).

9.44.060 Notifying police of alarms – Records.

A. When anyone, including an alarm business, notifies the Milton police department, or any employee thereof, of an activated alarm, he or she shall state its business name and furnish the address of the activated alarm, the name and type of establishment from which the alarm is originated, the precise location of the alarm (if there is more than one floor or department), and the type of alarm such as silent robbery, silent burglary, or ringer-type alarm.

B. The Milton police department shall maintain a record of all police calls made in response to an activated alarm including the time, date and location of the alarm.

C. The Milton fire department shall maintain a record of all fire calls made in response to an activated alarm including the time, date and location of the alarm. (Ord. 1460 § 1, 2000; Ord. 1394 § 1, 1998; Ord. 1108 § 1, 1989).

9.44.070 Local or audible alarm system cutoff.

Every alarm system which uses a local or audible alarm device to attract the attention of the public shall be equipped with an automatic 10-minute cutoff device or shall be silenced manually by the user or his representative. (Ord. 1460 § 1, 2000; Ord. 1108 § 1, 1989).

9.44.080 Operational defects to be remedied.

The sensory mechanisms used in connection with alarm systems shall be adjusted to suppress false alarms so that the device will not be activated by impulses due to transient pressure changes in water pipes, short flashes of light, wind noises such as the rattling or vibrating of doors or windows, vehicular noises adjacent to the installation, or other forces unrelated to genuine alarms. (Ord. 1460 § 1, 2000; Ord. 1108 § 1, 1989).

9.44.100 Alarm user permits required.

A. Every alarm user shall obtain an alarm user’s permit for each system from the city clerk within 30 days of the time when the system becomes operative. A $20.00 fee shall be charged for alarm user permits.

B. An alarm permit cannot be transferred to another person. A permit holder shall inform the police department of any change that alters any information listed on the permit application within five business days. A $5.00 fee will be assessed for such changes.

C. An alarm permit holder will prominently display the alarm permit sticker at or near the front door of the alarmed establishment or residence.

D. Failure to obtain a valid alarm permit within the 30-day requirement will result in a penalty of $100.00 in addition to any false alarm fee assessed under MMC 9.44.120(D) for each false alarm/activation without a valid permit. (Ord. 1608 § 1, 2003; Ord. 1460 § 1, 2000; Ord. 1394 § 2, 1998; Ord. 1108 § 1, 1989).

9.44.110 Improper activation of alarm.

It is unlawful for anyone to activate any fire, medical emergency, robbery or burglary alarm for the purpose of summoning fire or police except in the event of an actual fire or medical emergency, or actual or attempted burglary or robbery, or for anyone notifying the police of an activated alarm and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system to fail at the same time to notify the police of such apparent malfunction. (Ord. 1460 § 1, 2000; Ord. 1108 § 1, 1989).

9.44.120 False alarms.

For response to any false alarm, the city of Milton shall proceed with inspections and the collection of fees as follows:

A. First and second false alarm/activation per calendar year: WARNING.

B. Third and subsequent false alarm/activation: $100.00 per alarm.

C. Failure to obtain a valid alarm permit will result in a fee of $250.00 per false alarm/activation.

D. Upon notification by the police department and/or fire department, the city clerk will send a notification of alarm by regular mail to notify the alarm user of a false alarm and the fine and the consequences of the failure to pay the fine. (Ord. 1460 § 1, 2000; Ord. 1394 § 3, 1998; Ord. 1108 § 1, 1989).

9.44.130 Penalty for violations.

Any person violating any of the provisions of this chapter or failing to comply with the requirements of this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000, by imprisonment in jail for a period not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1460 § 1, 2000; Ord. 1394 § 4, 1998; Ord. 1108 § 1, 1989).

Chapter 9.46
HOLDING FACILITES

Sections:

9.46.010 Adoption of standards.

9.46.020 Adequate facilities and provisions – Standards.

9.46.030 Written policies and procedures.

9.46.010 Adoption of standards.

Pursuant to RCW 35A.12.140, the following numbered sections of the 1987 Washington Association of Sheriffs and Police Chiefs Custodial Care Standards for Holding Facilities are adopted as though set forth herein in full: 2.01.00, 3.01.00, 5.01.00, 5.02.00, 5.02.01, 5.03.01, 5.04.00, 5.05.00, 6.01.00, 6.01.01, 6.01.02, 6.02.00, 7.01.00, 8.01.00, 9.01.00, 9.02.00, 9.03.00, 9.04.00, 9.05.00, 9.06.00, 9.07.00, 9.08.00, 9.09.00, 10.01.00, 10.02.00, 10.03.00, 10.04.00, 10.05.00, 10.05.01, 10.09.00, 10.10.00, 10.13.00, 11.01.00, 12.01.00, 13.01.00, 13.02.00, 13.04.00, 13.04.01, 13.04.02, 13.04.03, 13.04.04, 13.04.05, 13.04.07, 15.01.00, 15.02.00, 15.03.00, 15.04.00, 17.01.00, 17.02.00, 17.03.00, 17.03.01, 17.04.00, 17.04.01, 18.01.00, 18.02.00, 18.03.00, 18.04.00, 18.06.00, 19.01.00, 19.04.00, 19.04.01, 19.04.02, 19.04.03, 19.04.04, 19.04.05, 19.04.06, 19.04.07, 19.05.00, 20.01.00, 21.01.01, 21.02.01, 21.05.00, 22.01.01, 22.03.00, 24.02.00, 24.03.00, 25.01.00, 26.01.00, 26.01.01, 27.02.00, 27.04.00, 27.05.00, 28.01.00, 28.02.00, 28.03.00, 28.04.00, 29.02.00, 30.02.00, 30.03.00, 30.03.01, 30.05.00, 30.06.00, 31.01.01, 31.02.00, 32.02.00, 33.02.00, 33.04.00, 35.01.00, 35.01.01, 35.01.02, 35.02.00, 35.02.01, 37.01.00, 37.02.00, 37.03.00, 37.04.00, 37.05.00, 39.03.00, 39.04.00, 39.04.01, 39.04.02, 40.05.00. (Ord. 1136 § 1, 1990).

9.46.020 Adequate facilities and provisions – Standards.

A. The Milton police department holding facility shall be secure. This facility shall have adequate lighting, heat, ventilation and fire protection and suppression equipment. The holding facility cell shall be equipped with a bench, toilet and lavatory. Paper cups shall be available if needed for drinking water.

B. No prisoner shall be strip-searched at the Milton holding facility.

C. No prisoner shall be subjected to a body cavity search at the holding facility.

D. No prisoner with body vermin shall be placed in the holding facility.

E. No prisoner suspected of having a communicable disease detrimental to the health of other prisoners shall be placed in the holding facility.

F. There shall be on file, in the holding facility, a written procedure which provides that necessary medical services shall be provided 24 hours a day.

G. Prisoners shall not be allowed to send or receive packages while in the holding facility.

H. At a reasonable time after completion of booking, each prisoner shall be issued personal care items when appropriate and when available.

I. If major infractions of holding facility rules are handled within the facility, rather than as criminal proceedings, all major infractions of the rules shall be reported in writing to the chief or the chief’s designee. Such reports shall become a part of the prisoner’s jail record. (Ord. 1136 §§ 2 – 10, 1990).

9.46.030 Written policies and procedures.

The chief of police shall establish written policies and procedures to implement the standards set forth in MMC 9.46.020. (Ord. 1136 § 11, 1990).

Chapter 9.48
DISPOSAL OF FIREARMS

Sections:

9.48.010 Disposal of firearms.

9.48.010 Disposal of firearms.

All firearms taken into custody by the Milton police department on or after July 1, 1993, and that are judicially forfeited or forfeited due to the failure to make a claim under RCW 63.40.010 shall be disposed of as follows:

A. The Milton police department may retain legal firearms for agency use.

B. The chief of police or his designee may auction or trade legal firearms to properly licensed commercial sellers as deemed appropriate by the chief of police or his designee. All proceeds from an auction or trade may be retained by the Milton police department for agency use.

C. At the discretion of the chief of police, the chief of police or his designee may destroy legal firearms in lieu of procedures set forth in subsections A and B of this section.

D. The firearms determined by the chief of police or his designee to be illegal for any person to possess shall be destroyed.

E. No firearm shall be disposed of while it is needed for evidence. (Ord. 1363 § 1, 1998).

Chapter 9.50
COSTS OF ELECTRONIC HOME MONITORING FOR OFFENDERS CONVICTED OF DUI

Sections:

9.50.010 Costs established.

9.50.010 Costs established.

The costs of electronic home monitoring, to be paid by the offender, are hereby established as follows:

A one time administrative setup fee of $25.00, to partially defray the costs of installation, record keeping and supervision. This amount is in addition to the daily fee and is to be included in the first week’s advanced payment.

A daily rate of $15.00 for each day the offender was committed/sentenced.

If the offender enters the home monitoring program for less than 10 days, full payment of $15.00 per day for each day the offender was committed/sentenced, in addition to the $25.00 setup fee, is due in advance.

If the offender enters the home monitoring program for greater than 10 days, a minimum payment of seven days’ monitoring service, including the $25.00 setup fee ($130.00) is due in advance. (Ord. 1389 § 1, 1998).

Chapter 9.52
MOTORIZED WHEELED TRANSPORTATION DEVICES

Sections:

9.52.010 Definitions.

9.52.020 Prohibited areas.

9.52.030 Times of operation.

9.52.040 Age of operator.

9.52.050 Helmet required.

9.52.060 Brakes and mirror required.

9.52.070 Noise.

9.52.080 No more than one person permitted – Towing or pulling prohibited.

9.52.090 Operator to abide by rules applicable to bicycles.

9.52.100 Negligent operation – Prohibited.

9.52.110 Parental responsibility.

9.52.120 Dealer notice required.

9.52.130 Violation – Penalty.

9.52.010 Definitions.

For the purposes of this chapter, a “motorized wheeled transportation device” shall mean any device which is propelled by an electric or liquid fuel motor and is intended to transport a person on or across land. A motorized wheeled transportation device shall include, but shall not be limited to, a “motorized foot scooter” as that term is defined in RCW 46.04.336, and any electric or gas powered scooter, power board, motor-powered skateboard, miniature motorcycle, pocket bike, or miniature chopper, regardless of the manner in which the device is designed; provided, that a motorized wheeled transportation device shall not include any of the following as defined in the referenced RCW:

RCW
46.04.169	Electric-assisted bicycle
46.04.1695	Electric personal assistive mobility device
46.04.304	Moped
46.04.330	Motorcycle
46.04.332	Motor-driven cycle
46.04.415	Power wheelchair
46.04.710	Wheelchair conveyance.

(Ord. 1638 § 1, 2005).

9.52.020 Prohibited areas.

A. The operation or use of motorized wheeled transportation devices shall not be permitted in or upon the following areas:

1. Improved or natural surface recreational trails.

2. Parks.

3. Publicly owned or operated parking lots.

4. Streets with a maximum speed limit in excess of 25 miles per hour.

B. Motorized wheeled transportation devices shall not be permitted on sidewalks. (Ord. 1638 § 1, 2005).

9.52.030 Times of operation.

A motorized wheeled transportation device shall not be operated from a half-hour after sunset to a half-hour before sunrise. (Ord. 1638 § 1, 2005).

9.52.040 Age of operator.

No person under the age of 16 shall operate a motorized wheeled transportation device. All operators shall carry proof of age while operating a motorized wheeled transportation device. Acceptable forms of proof of age include (a) a valid driver’s license or photo identification card issued by the State Department of Licensing, (b) a school picture identification card bearing the card year’s date, (c) a valid and current photo military identification, or (d) a valid and current passport. (Ord. 1638 § 1, 2005).

9.52.050 Helmet required.

Any person operating or riding upon any motorized wheeled transportation device shall, at all times, wear a “motorcycle helmet” as that term is defined in RCW 46.37.530 or an approved bicycle helmet certified by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell Foundation, and shall have the chin strap fastened securely while the motorized wheeled transportation device is in motion. (Ord. 1638 § 1, 2005).

9.52.060 Brakes and mirror required.

Motorized wheeled transportation devices shall be equipped with brakes that will enable the operator to make the braked wheels skid on dry, level, clean pavement. Every motorized wheeled transportation device shall be equipped with a mirror mounted on the left side of the device and so located to reflect to the operator a view of the road for a distance of at least 200 feet to the rear of such device. (Ord. 1638 § 1, 2005).

9.52.070 Noise.

A. The operation of a motorized wheeled transportation device shall be subject to the provisions of Chapter 9.37 MMC, Noise Regulations.

B. No motorized wheeled transportation device powered by a liquid fuel motor shall be operated unless such device is equipped with a properly working muffler that is designed to reduce the noise produced by the device. (Ord. 1638 § 1, 2005).

9.52.080 No more than one person permitted – Towing or pulling prohibited.

A. No more than one person shall operate or ride upon a single motorized wheeled transportation device at the same time. In the event that more than one person operates or rides upon a single device at the same time, each person operating or riding the device shall be in violation of this section.

B. No person operating a motorized wheeled transportation device shall tow or pull another person behind such device. In the event that a person is towed or pulled behind a motorized wheeled transportation device, the person operating the motorized wheeled transportation device and the person being towed or pulled shall be in violation of this section. (Ord. 1638 § 1, 2005).

9.52.090 Operator to abide by rules applicable to bicycles.

Except as provided in this chapter, every person operating a motorized wheeled transportation device upon a roadway shall have the same rights and duties as operators of bicycles. (Ord. 1638 § 1, 2005).

9.52.100 Negligent operation – Prohibited.

The negligent operation of a motorized wheeled transportation device shall be prohibited. For the purposes of this section, the term “negligent” shall mean the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances. It is an affirmative defense to negligent operation of a motorized wheeled transportation device that must be proved by the defendant by a preponderance of the evidence, that the operator was operating the motorized wheeled transportation device on private property with the consent of the owner in a manner consistent with the owner’s consent. (Ord. 1638 § 1, 2005).

9.52.110 Parental responsibility.

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. (Ord. 1638 § 1, 2005).

9.52.120 Dealer notice required.

All persons and/or establishments within the city of Milton that are involved in the retail sales of motorized foot scooters shall provide each purchaser of said motorized foot scooter with a written advisement of the regulations, restrictions and requirements of Chapter 9.52 MMC prior to completing the sale of said motorized foot scooter. (Ord. 1638 § 1, 2005).

9.52.130 Violation – Penalty.

A. A violation of any provision of this chapter shall be punishable by the imposition of a monetary penalty in the amount of $250.00. The court may also order a person found to have committed a civil infraction to make restitution.

B. In lieu of the penalty described above, any Milton police officer may utilize the following penalty provision for a person under 16 years of age found operating a motorized wheeled transportation device in violation of this chapter:

1. The officer may take custody of the device. If the officer does not impound the device, he or she may release it only to an adult.

2. The officer must provide the violator with a written notice setting forth the procedure for reclaiming the device.

3. The procedure for reclaiming the device shall be promulgated by the chief of police.

4. Only the parent or legal guardian of a violator or an adult owner can reclaim a motorized foot scooter or other wheeled recreational device impounded pursuant to this section.

5. A $50.00 fee for costs of impound and administrative processing shall be paid to the city clerk prior to the release of any property impounded under this alternative penalty.

6. Any unclaimed devices shall be disposed of in accordance with state law.

C. Milton Municipal Court – Jurisdiction. The Milton municipal court shall have jurisdiction to adjudicate, in accordance with applicable laws, any violation of this chapter; provided, that in the event jurisdiction over a juvenile lies with another court, that other court shall have jurisdiction to adjudicate the offense.

D. Penalty – Immediately Payable. Whenever a monetary penalty is imposed by a court under this section, it is immediately payable. If the person is unable to pay at that time, the court may grant an extension of the time period within which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay. (Ord. 1638 § 1, 2005).

Chapter 9.53
NUISANCE CODE

Sections:

9.53.010 Purpose.

9.53.020 Definitions.

9.53.030 Unlawful to permit or maintain nuisances.

9.53.040 Public nuisances enumerated.

9.53.060 Complaints and investigation.

9.53.070 Enforcement.

9.53.190 Additional enforcement procedures.

9.53.010 Purpose.

To create regulatory procedures to:

A. Maintain and upgrade the enjoyment by the public of public property;

B. Maintain and enhance the value of private property within the boundaries of the city of Milton; and

C. Maintain the health, safety and security of the residents of the city of Milton. (Ord. 1675 § 1, 2006).

9.53.020 Definitions.

“Nuisance” means unlawfully doing an act, or omitting to perform a duty, which act or omission annoys, injures or endangers the comfort, repose, health or safety of others; offends decency; obstructs or tends to obstruct, or render dangerous for passage, any stream or waterway, or any public park, square, or commons, or street, alleyway, or right-of-way; or in any way renders persons insecure in life or in the use of property.

“Public nuisance” means a nuisance which occurs on public property or affects equally the rights of an entire community or neighborhood, although the extent of damage may be unequal. (Ord. 1675 § 1, 2006).

9.53.030 Unlawful to permit or maintain nuisances.

It is unlawful for any person, by himself or by his agents or employees, or as the agent or employee of another person, firm or corporation, to do or permit to be done upon any premises over which he has control, or maintain, carry on, suffer or allow any of the acts or things declared to be public nuisances by any chapter of the MMC; or to do or cause or permit or suffer to be done, or to maintain any act or thing which is detrimental or injurious to pubic health, or offensive to the senses, or contrary to public decency or morality. If the owner or agent of any premises has actual or constructive knowledge of the maintenance on or in his premises of any public nuisance, as defined in any chapter or section of the MMC, he shall be deemed one of the persons in control of the premises. (Ord. 1675 § 1, 2006).

9.53.040 Public nuisances enumerated.

Public nuisances shall include, but not be limited to, the following:

A. Abandoned, used or unused, discarded or stored icebox, refrigerator, freezer or other containers having a door with a latch or lock that cannot be opened from the inside.

B. The improper storage or keeping of any explosives, chemical substances, mixtures or wastes as defined in the Toxic Substances Control Act, 15 U.S.C. Sections 2601 through 2692; hazardous substances, materials or wastes as defined under the Washington Model Toxics Control Act, Chapter 70.105D RCW, that could reasonably be expected to be harmful or injurious to the public or children that are used, stored or kept on private property or at a construction site or any commercial property in an unlocked enclosure or in such a manner that it could reasonably be expected that children could access the same.

C. Any structure or building of any nature that is not regularly occupied or that may be abandoned that any person or child could enter and may not reasonably be expected to extricate themselves, or may reasonably be expected that they could be injured thereon.

D. The existence of any open or unsecure well, pit, shaft, storage tank, cistern or any similar situation that is not securely closed and made inaccessible to the general public or children.

E. Open excavations, ditches, trenches or swimming pools whereby an adult or child could reasonably be expected to injure themselves if such adult or child were to fall or slip into the same, other than designed and approved storm detention facilities, where such open excavation, ditch or trench remains open and exposed. Active construction that has ceased for a period of seven days or more, that has open excavations, ditches, or trenches that are not covered or secured, shall qualify as an attractive nuisance.

F. Machinery and equipment on a construction site or on a private lot which is accessible to a child and that may be potentially dangerous if children were to be playing on or about the same. Machinery and equipment includes all motorized construction equipment; electrical, gas-operated and air pressure tools and equipment and potentially dangerous hand tools left in such a condition where adequate precautions reasonably designed to prevent access by an adult or child such as fencing, warnings, red or orange warning tape, patrolling or monitoring of the immediate area in question are missing or not in place.

G. To place or allow to remain the carcass of any animal or any offal, filth, or similarly odorous substance in any place to the offense of others.

H. To throw or deposit any offal or other offensive matter, or the carcass of any dead animal, in or near any watercourse, stream, lake, pond, spring, or well, or in any manner to pollute the water of any such spring, stream, pond, lake, or well, to the injury of others.

I. Bodies of Water. Except for city-approved structures connected to storm drainage systems, to maintain any stagnant, pooled water in which mosquitoes, flies or other insects may multiply.

J. Offensive Smells. To use any building, or other place, in a manner that unreasonably produces obnoxious or offensive smells, and/or produces an odor that is dangerous to the health of individuals or of the public.

K. To maintain an unauthorized place:

1. Wherein any fighting between people or animals or birds shall be conducted; or

2. Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or

3. Where vagrants congregate.

L. Any violation of the City of Milton Municipal Code, ordinances or regulations.

M. Vegetation.

1. Overhanging limbs or branches that are less than eight feet above a public walkway or sidewalk, or less than 14 feet above a public street; or

2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or street, or that obstructs or obscures the view of traffic or traffic control devices; or

3. Dead, decaying or diseased trees or branches that pose a fire hazard or a threat to human life or property; or

4. Grass, weeds, shrubs, bushes, refuse, trees or other types of plants or vegetation that is left growing in an unmaintained or uncontrolled manner or which is left in a pile or piles or scattered about on any property and becomes a fire hazard or a gathering place for rodents, skunks, wasps, or other animals, pests or insects; or

5. Noxious weeds, meaning a plant or plants that when established are highly destructive, competitive or difficult to control by cultural or chemical practices or that may be listed in the “Washington State Noxious Weeds List” established pursuant to Chapter 17.10 RCW, that are left growing uncontrolled or left growing where no action is taken to eliminate or eradicate the same, and as a result thereof, the noxious weeds have spread or are reasonably expected to spread to residential properties in the immediate vicinity.

N. Sidewalks.

1. Any protrusion, awning, sign or overhang that inhibits or obstructs use of a public walkway or sidewalk; or

2. Any object or damage that inhibits or obstructs the surface of a public walkway or sidewalk; or

3. Snow or ice not removed from a public sidewalk within a reasonable time; or

4. Accumulations of dirt or debris not removed from a public sidewalk.

O. Insect or Vermin Attractions. Creating or maintaining accumulations of matter, including foodstuffs, that harbors or is an attraction for the infestation of insects or vermin or failing to eliminate such infestations, or failing to eliminate intrusive insects such as tent caterpillars.

P. Garbage, Recyclables, and Compost.

1. Garbage not kept in a proper receptacle with a tight-fitting lid;

2. Recyclables not properly stored and regularly disposed of;

3. Compost not kept in a manner to prevent it from attracting infestations of insects or emitting foul odors.

Q. Construction Materials. Significant accumulations, stacks, or piles of building or construction materials not associated with a permitted, current in-progress project including metal, wood, wire, electrical or plumbing materials in disarray or exposed to the elements on the property.

R. Fire Hazards. Stacks or accumulations of newspapers, cardboard, or other paper, cloth, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire.

S. Furniture and Appliances. All broken or discarded household furniture, furnishings or equipment, or any appliances not in an approved enclosed structure.

T. Debris and Trash. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure.

U. Damaged Structures. Walls, fences or other constructed objects that are decayed, damaged, or in disrepair to the extent that they pose a threat of collapse, structural failure, or falling.

V. Failure to Maintain Community Property. The failure to maintain open space, drainage systems, or any other community facilities as required by a development permit condition of approval or any covenants or deed restrictions required by a development permit. (Ord. 1675 § 1, 2006).

9.53.060 Complaints and investigation.

Enforcement of this chapter or any section of the MMC pursuant to this section shall be initiated upon the filing of a complaint and shall be investigated and enforced as required by Chapter 1.08 MMC. (Ord. 1675 § 1, 2006).

9.53.070 Enforcement.

In addition to serving as public nuisances subject to abatement, the prohibition of public nuisances in MMC 9.53.030 shall constitute minimum standards for the use or occupancy of any building, structure or premises. Violation of these minimum standards shall constitute a civil infraction as governed by Chapter 7.80 RCW and the Infraction Rules for Courts of Limited Jurisdiction, as now or hereafter amended. Each violation of MMC 9.53.030 shall be subject to a $50.00 monetary penalty for the first violation in any year-long period (Class 3 civil infraction), a $125.00 monetary penalty for a second violation (Class 2 civil infraction) and a $250.00 monetary penalty for each violation (Class 3 civil violation) thereafter. Each day of violation shall constitute a separate violation. (Ord. 1675 § 1, 2006).

9.53.190 Additional enforcement procedures.

The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Milton Municipal Code except as precluded by law. (Ord. 1675 § 1, 2006).

Chapter 9.54
EMERGENCY RESPONSE COST RECOVERY

Sections:

9.54.010 Liability for expenses.

9.54.020 Definitions.

9.54.030 Debt recovery.

9.54.040 Maximum liability.

9.54.010 Liability for expenses.

Pursuant to RCW 38.52.430, any person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (A) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (B) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (C) use of a vessel while under the influence of alcohol or drugs, RCW 79A.60.040; (D) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (E) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), shall be liable to the city for the costs and expenses of the city’s emergency response to the incident. (Ord. 1698 § 1, 2007).

9.54.020 Definitions.

For purposes of this chapter, “costs and expenses of the city’s emergency response” shall mean those reasonable costs incurred by the city’s use and deployment of police, coroner, fire, rescue, emergency medical or utility services to an incident reasonably requiring the same. (Ord. 1698 § 1, 2007).

9.54.030 Debt recovery.

A. The expense of an emergency response is a charge against the person liable for expenses under this chapter. The charge constitutes a debt of that person and is collectible by the city of Milton in the same manner as in the case of an obligation under a contract, expressed or implied.

B. The city administrator, or his designee, shall issue to the person responsible for the emergency response, as set forth in MMC 9.54.010, a notice of liability for the expense of emergency response. The notice shall set forth the name of the responsible person, the date of the emergency response, the date of the conviction or deferred prosecution, and the amount owing to the city. The notice shall be sent certified mail with a return receipt and shall be deemed delivered three days after mailing. Any fees not collected within 60 days of the date of issuance of the notice of liability for the expense of emergency response may be referred to a collection agency. The cost of collection shall be added to the bill. The amounts collected, after payment of the collection agency fee, shall be deposited into the general fund. (Ord. 1698 § 1, 2007).

9.54.040 Maximum liability.

In no event shall a person’s liability under this chapter for the expense of an emergency response exceed the amount permitted under state law. (Ord. 1698 § 1, 2007).

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Footnotes

¹Prior legislation: Ords. 758, 855, 897, 977, 1021, 1056.

²Code reviser’s note: See also MMC 9.36.040, Disruption of School Activities.

³Prior legislation: Ord. 1056.

⁴Prior legislation: Ord. 1055.