Chapters:
9.04 General Provisions
9.08 Anticipatory Offenses
9.10 Obstructing Government Operation
9.12 Refusal to Summon Aid for Police Officer
9.14 Resisting Arrest
9.16 Bail Jumping
9.18 False Reporting
9.20 Assault and Other Crimes Involving Physical Harm—Harassment
9.21 Domestic Violence
9.22 Restraining Order—Order of Protection—No-Contact Order
9.23 Coercion
9.24 Public Indecency
9.30 Public Morals
9.34 Malt Liquor—Sales and Distribution
9.36 Marijuana
9.37 Drug Paraphernalia
9.40 Obstructing Streets, Alleys or Sidewalks
9.41 Failure to Disperse
9.42 Disorderly Conduct
9.43 Use of Parks After Hours
9.44 Public Drunkenness
9.46 Public Disturbance Noise
9.48 Burglary and Robbery Alarm Systems
9.50 Reckless Burning
9.51 Littering
9.52 Malicious Mischief
9.53 Graffiti
9.54 Criminal Trespass
9.56 Vehicle Prowling
9.58 Theft
9.60 Theft of Cable Television Services
9.62 Unlawful Issuance of Check or Draft
9.64 Possession of Stolen Property
9.65 Failure to Deliver Leased Personal Property
9.66 Garage Sales
9.70 Delinquency of Minor
9.74 Purchase and Possession of Liquor by Minor
9.75 Tobacco Products Restrictions
9.78 Minor Frequenting Taverns or Cocktail Lounges
9.80 Parental Responsibility for Juvenile Dependents
9.82 Firearms and Dangerous Weapons
9.86 Violation—Penalty
Sections:
9.04.010 Purpose.
9.04.020 Definitions.
The purpose of this title is as follows:
A. To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;
B. To give fair warning of the nature of the conduct declared to constitute an offense;
C. To prescribe appropriate penalties for each offense. (Ord. 1113 § 1, 1991)
In this title unless a different meaning plainly is required:
“Bodily injury” or “physical injury” means physical pain, illness, or any impairment or invasion of physical condition.
“Dwelling” means any building, structure, or vehicle or vessel whether movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging.
Enter. The word “enter” when constituting an element or part of a crime, shall include the entrance of a person, or the insertion of any part of his body or any instrument by that person.
Enters or Remains Unlawfully. A person “enters or remains unlawfully” when he has not been licensed, invited or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A limited or qualified license, invitation or privilege to enter on is not a license, invitation or privilege to enter or remain beyond the terms of said limited or qualified license, invitation or privilege. A person who enters or remains upon an unimproved and apparent unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.
Knowledge. A person knows or acts knowingly or with knowledge when:
1. He is aware of a fact, facts, or circumstances or result described by a statute defining an offense; or
2. He has information which would lead a reasonable man in the same situation to believe that facts exist, which facts are described by statute defining offense.
“Malice” and “malicious” shall import an evil intent, which, or design or vex, annoy or injure another person or property. Malice may be inferred from an act done in wilful disregard of the right of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.
“Officer” and “public officer” means a person holding office under a city, county, or state government, or the federal government who performs a public function and in so doing is vested with the exercise of some sovereign power of government, and includes all assistants, deputies, clerks, and employees of any public officers and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer.
“Omission” means a failure to act.
“Peace officer” means a duly appointed city, county or state law enforcement officer.
“Person” “he” or “actor” includes any natural person and where relevant, a corporation, joint stock association, or an unincorporated association.
“Property” means anything of value, whether tangible or intangible, real or personal.
“Public servant” means any person other than a witness who presently occupies the position of or has been elected, appointed, or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror, peace officer or any person participating as an advisor, consultant, or otherwise in performing a governmental function.
Recklessness. A person is reckless or acts recklessly when he knows of and disregards a substantial risk that a wrongful act may occur and his disregard of such substantial risk is a gross deviation from conduct that a reasonable man would exercise in the same situation.
“Unlawfully” or “without lawful authority” means not licensed, permitted, invitation, or otherwise privileged or done by a public officer in the performance of official duty.
“Vehicle” means a motor vehicle as defined in the Vehicle and Traffic Laws of the Revised Code of Washington, any aircraft, boat or other vessel.
“Wilful” means the requirement that an “offense be committed wilfully” is satisfied if a person acts knowingly with respect to the material elements of the offense. (Ord. 1113 § 2, 1991)
Sections:
9.08.010 Criminal attempt—Crime declared.
9.08.020 Criminal solicitation—Crime declared.
A. A person is guilty of an attempt to commit a crime, if, with the intent to commit a specific crime, as provided for in this title, he does any act which is a substantial step toward the commission of that crime.
B. If the conduct in which a person engages constitutes an attempt to commit a crime, it is not a defense to a prosecution of such attempt that the crime alleged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.
C. An attempt to commit a crime is a crime. (Ord. 1113 § 3.1, 1991)
A. A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he offers to give or gives money or other thing of value to another to engage in specific conduct which would constitute such crime or which would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed.
B. Criminal solicitation is a crime. (Ord. 1113 § 3.2, 1991)
Sections:
9.10.010 Obstructing a public officer—Crime declared.
9.10.020 Making false statements.
A. Every person who shall knowingly hinder, delay or obstruct any public officer in the discharge of his official powers or duties, shall be guilty of obstructing a public officer.
B. Obstructing a public officer is a crime. (Ord. 1113 § 7.1, 1991)
A. A person who knowingly makes a false or misleading material statement to a public servant is guilty of making a false statement. “Material statement” means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties.
B. Making a false statement is a crime, and shall be punished as provided in Section 9.86.010. (Ord. 1328-99 § 1, 1999)
Sections:
9.12.010 Determination of guilt—Crime declared.
A. A person is guilty of refusing to summon aid for a peace officer if, upon request by a person he knows to be a peace officer, he unreasonably refuses or fails to summon aid for such peace officer.
B. Refusing to summon aid for a peace officer is a crime. (Ord. 1113 § 7.2, 1991)
Sections:
9.14.010 Determination of guilt—Crime declared.
A. A person is guilty of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from lawfully arresting him.
B. Resisting arrest is a crime. (Ord. 1113 § 7.3, 1991)
Sections:
9.16.010 Failure to appear at court—Crime declared.
A. Any person charged with a crime having been released by order or having signed a written promise to appear or having been admitted to bail with the requirement of a subsequent personal appearance before the Sedro‑Woolley Court, and who knowingly fails without lawful authority to appear as required is guilty of bail jumping. Unless otherwise established, the failure to appear when required shall be inferred to have been without lawful authority.
B. Bail jumping is a crime. (Ord. 1113 § 7.4, 1991)
Sections:
9.18.010 Determination of guilt—Crime declared.
A. A person is guilty of false reporting if with knowledge that the information reported, conveyed or circulated is false, he initiates or circulates a false report or warning on an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm.
B. False reporting is a crime. (Ord. 1113 § 8.4, 1991)
Sections:
9.20.010 Definitions.
9.20.020 Assault.
9.20.030 Provoking assault.
9.20.040 Reckless endangerment.
9.20.050 Aiming or discharging weapons.
9.20.060 Harassment.
9.20.070 Making or permitting telephone calls to harass, intimidate or embarrass.
“Assault” is any intentional, offensive, unpermitted touching of another person or an attempt to intentionally inflict bodily injury on another person, accompanied with the apparent, present ability to effectuate the attempt if not prevented. (Ord. 1113 § 4.1, 1991)
Every person who shall commit an assault shall be guilty of a crime. (Ord. 1113 § 4.2, 1991)
A. Every person who by word, sign or gesture, wilfully provokes, or attempts to provoke, another person to commit an assault is guilty of provoking assault.
B. Provoking assault is a crime. (Ord. 1113 § 4.3, 1991)
A. Every person who recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person is guilty of reckless endangerment.
B. Reckless endangerment is a crime. (Ord. 1113 § 4.4, 1991)
A. It is unlawful for any person, without lawful authority, to aim any gun, pistol, revolver or other firearm whether loaded or not, at or toward any human being, or to wilfully discharge any firearm within the city limits, or to wilfully discharge an air gun, bow and arrow, sling shot, or like weapon in any place where persons or property might be unreasonably endangered thereby, whether or not injury or damage results.
B. The unlawful aiming or discharging of weapons is a crime. (Ord. 1113 § 4.5, 1991)
A. A person is guilty of harassment if:
1. Without lawful authority the person knowingly threatens:
a. To cause bodily injury in the future to the person threatened or to any other person, or
b. To cause physical damage to the property of another, or
c. To subject the person threatened or any other person to physical confinement or restraint, or
d. Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and
2. The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.
B. Any harassment committed may be deemed to have been committed where the conduct occurred, the place from which the threat or threats were made, or the place where the threat or threats were received.
C. Harassment is a crime. (Ord. 1113 § 4.6, 1991)
A. Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person:
1. Using any lewd, lascivious, profane, indecent or obscene words or language, or suggesting the commission of any lewd or lascivious act; or
2. Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or
3. Threatening to inflict injury on the person or property of the person called or any member of his or her family or household;
shall be guilty of a crime.
B. Any person who knowingly permits any telephone under his control to be used for any purpose prohibited by subsection A of this section shall be guilty of a crime.
C. Any offense committed by use of a telephone as set forth in this section may be deemed to have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received.
D. Violation of this section is a crime. (Ord. 1375-00 § 1, 2000: Ord. 1113 § 4.7, 1991)
Sections:
9.21.010 Interfering with the reporting of domestic violence.
A. A person commits the crime of interfering with the reporting of domestic violence if the person:
1. Commits a crime of domestic violence, as defined in RCW 10.99.020 or the analogous provision of Title 9 of this code; and
2. Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official.
B. Commission of a domestic violence under subsection A of this section is a necessary element of the crime of interfering with the reporting of domestic violence.
C. Interference with the reporting of domestic violence is a crime, and shall be punishable as provided in Section 9.86.010. (Ord. 1278-97 § 1, 1997)
Sections:
9.22.010 Violation of a restraining order, order of protection, or no‑contact order.
9.22.020 Notice.
9.22.030 Violation—Crime declared.
Any person who knowingly violates the provisions of a restraining order issued under RCW Chapters 26.09, 26.66 and 26.44, or an order of protection issued under Chapter 26.50, or no-contact order issued under RCW Chapter 10.99, is guilty of violation of a restraining order, order of protection, or no-contact order. (Ord. 1376-00 § 1, 2000: Ord. 1113 § 7.5(a), 1991)
A person is deemed to have notice of a restraining order, order of protection, or no‑contact order if:
A. The order was signed by the person to be restrained or the attorney for the person to be restrained;
B. The order recites that the person to be restrained or the person’s attorney appeared in person before the court; or
C. The order was served upon the person to be restrained; or
D. The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person a certified copy of the original order. (Ord. 1113 § 7.5(b), 1991)
Violation of a restraining order, order of protection, or no‑contact order is a crime. (Ord. 1113 § 7.5(c), 1991)
Sections:
9.23.010 Coercion defined.
9.23.020 Penalty.
A. A person is guilty of coercion if by use of a threat he compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he has a legal right to engage in.
B. “Threat” as used in this section means:
1. To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or
2. To communicate, directly or indirectly the intent
a. To cause bodily injury in the future to the person threatened or to any other person, or
b. To cause physical damage to the property of a person other than the actor, or
c. To subject the person threatened or any other person threatened or any other person to physical confinement or restraint. (Ord. 1207 § 1, 1994)
Coercion is a crime, which shall be punishable as set forth in Section 9.86.010. (Ord. 1207 § 2, 1994)
Sections:
9.24.010 Defined—Crime declared.
A. A person is guilty of public indecency if he (1) makes any open and obscene exposure of his person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm, or (2) urinates or defecates in public.
B. Public indecency is a crime. (Ord. 1113 § 9.1, 1991)
Sections:
9.30.010 Definitions.
9.30.020 Unlawful public exposure prohibited.
9.30.030 Facilitating unlawful public exposure prohibited.
9.30.040 Exemptions.
9.30.050 Affirmative defenses.
9.30.060 Violation—Penalty.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
A. “Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of theme, story or ideas, but excluding any dance such as, but not limited to, common barroom type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas.
B. “Exposed” means the state of being revealed, exhibited or otherwise rendered open to the public view.
C. “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to the public view.
D. “Public place” means any place in which the general public has a right to be present, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided.
E. “Unlawful public exposure” means:
1. A public exposure of any portion of the human anus or genitals;
2. A public exposure of any portion of the female breast lower than the upper edge of the areola; or
3. A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed. (Ord. 1067 § 1 (part), 1989)
It is unlawful for any person to intentionally commit any act constituting unlawful public exposure as defined in this chapter. (Ord. 1067 § 1 (part), 1989)
It is unlawful for the owner, lessee, manager, operator or other person in charge of any public place to knowingly permit, encourage or cause to be committed, whether by commission or omission, any unlawful public exposure upon the premises. (Ord. 1067 § 1 (part), 1989)
The prohibitions set forth in Sections 9.30.020 and 9.30.030 shall not apply to any:
A. “Expressive dance” as defined in Section 9.30.010;
B. Play, opera, musical, or other dramatic work;
C. Class, seminar, or lecture, conducted for a scientific or educational purpose;
D. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities. (Ord. 1067 § 1 (part), 1989)
It is an affirmative defense to a prosecution for violation of Sections 9.30.020 or 9.30.030 that the nudity or other public exposure, when considered in the context in which presented, provided actual literary, artistic, political or scientific value and was not provided for commercial or sexual exploitation or with an emphasis on an appeal to a prurient interest. (Ord. 1067 § 1 (part), 1989)
Violation of any of the provisions of this chapter constitutes a misdemeanor, punishable by a fine of up to five hundred dollars, and imprisonment for a period of up to six months, or by both such fine and imprisonment. (Ord. 1067 § 1 (part), 1989)
Sections:
9.34.010 Keg registration—Special endorsement for grocery store licensee—Requirements of seller.
9.34.020 Keg registration—Requirements of purchaser.
9.34.030 Compliance—Crime.
Licensees holding a beer and/or wine restaurant or a tavern license in combination with an off-premises beer and wine retailer’s license may sell malt liquor in kegs or other containers capable of holding four gallons or more of liquid. Under a special endorsement from the board, a grocery store licensee may sell malt liquor in containers no larger than five and one-half gallons. The sale of any container holding four gallons or more must comply with the provisions of RCW 66.28.200 through 66.28.240. Any person who sells or offers for sale the contents of kegs or other containers containing four gallons or more of malt liquor, or leases kegs or other containers that will hold four gallons of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW shall do the following for any transaction involving the container:
A. Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container or beverage in substantially the form provided in RCW 66.28.220;
B. Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040;
C. Require the purchaser to sign a sworn statement, under penalty of perjury, that:
1. The purchaser is of legal age to purchase, possess or use malt liquor,
2. The purchaser will not allow any person under the age of twenty-one years to consume the beverage except as provided by RCW 66.44.270,
3. The purchaser will not remove, obliterate or allow to be removed or obliterated, the identification required under RCW 66.28.220 to be affixed to the container,
4. Require the purchaser to state the particular address where the malt liquor will be consumed, or the particular address where the keg or other container will be physically located, and
5. Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without a physical barrier from the keg, during the time that the keg or other container is in the purchaser’s possession or control. (Ord. 1377-00 § 1, 2000: Ord. 1005 § 1, 1984)
Any person who purchases the contents of kegs or other containers containing four gallons or more of malt liquor, or purchases or leases the container shall:
A. Sign a declaration and receipt for the keg or other container or beverage in substantially the form provided in RCW 66.28.220;
B. Provide one piece of identification pursuant to RCW 66.16.040;
C. Be of legal age to purchase, possess or use malt liquor;
D. Not allow any person under the age of twenty-one to consume the beverage except as provided by RCW 66.44.270;
E. Not remove, obliterate or allow to be removed or obliterated, the identification required under rules adopted by the board;
F. Not move, keep or store the keg or its contents, except for transporting to and from the distributor, at any place other than that particular address declared on the receipt and declaration; and
G. Maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without a physical barrier from the keg, during the time that the keg or other container is in the purchaser’s possession or control. (Ord. 1377-00 § 2, 2000: Ord. 1005 § 2, 1984)
Any person who shall sell or offer for sale or to purchase any keg or container of malt liquor in violation of Sections 9.34.010 and 9.34.020, or who shall knowingly supply false information on the receipt and declaration required by Sections 9.34.010 and 9.34.020, or who shall sell any keg or container knowing that any information on the receipt and declaration required by Sections 9.34.010 and 9.34.02 is false, shall be guilty of a crime. (Ord. 1377-00 § 3, 2000: Ord. 1005 § 3, 1984)
Sections:
9.36.010 Defined.
9.36.020 Determination of guilt.
9.36.030 Crime declared.
“Marijuana” means all parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 1113 § 10.1, 1991)
A person is guilty of possession of marijuana if he possesses less than forty grams of marijuana. (Ord. 1113 § 10.2, 1991)
The possession of less than forty grams of marijuana is a crime. (Ord. 1113 § 10.3, 1991)
Sections:
9.37.010 Definitions adopted by reference.
9.37.020 Use of drug paraphernalia unlawful.
9.37.030 Manufacture or delivery of drug paraphernalia unlawful.
9.37.040 Advertisement of drug paraphernalia unlawful.
9.37.050 Crime declared.
RCW 69.50.101 and 69.50.102 are adopted by reference. The definitions contained therein shall be construed according to the full context of RCW Chapter 69.50. A copy of RCW Chapter 69.50, including the definitions in RCW 69.50.101 and 69.50.102, shall be available for inspection in the office of the clerk-treasurer along with a copy of this chapter. (Ord. 1113 § 12.1, 1991)
It is unlawful for any person to use drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. (Ord. 1113 § 12.2, 1991)
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. (Ord. 1113 § 12.3, 1991)
It is unlawful for any person to place in any newspaper, magazine, handbill or other publication, any advertising, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. (Ord. 1113 § 12.4, 1991)
The use, sale, manufacture, delivery or advertisement of drug paraphernalia is a crime. (Ord. 1113 § 12.5, 1991)
Sections:
9.40.010 Determination of guilt—Crime declared.
A. A person is guilty of obstructing streets, sidewalks or alleys if he (1) places or allows to remain on any sidewalk or alley any object or objects, including a vehicle, which obstructs free and public travel upon said alleyway or sidewalk, except that goods, wares and merchandise may be placed on the sidewalk in front of any commercial building by the occupant thereof, not to exceed thirty inches from the property line; (2) leaves any object except a vehicle licensed under RCW Title 46, on a street in such a manner as to obstruct free and public travel thereon. Vehicles licensed under RCW Title 46 are regulated by parking ordinances.
B. Obstructing streets, alleys or sidewalks is a crime. (Ord. 1113 § 8.1, 1991)
Sections:
9.41.010 Determination of guilt—Crime declared.
A. A person is guilty of failure to disperse if, (1) he 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 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 crime. (Ord. 1113 § 8.2, 1991)
Sections:
9.42.010 Determination of guilt—Crime declared.
A. A person is guilty of disorderly conduct if he (1) uses abusive language and thereby intentionally creates a risk of assault; or (2) intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or (3) intentionally obstructs vehicle or pedestrian traffic without lawful authority; or (4) intentionally conducts himself in a noisy, riotous or tumultuous manner by the use of profane, vulgar, abusive, or indecent language, knowing that such conduct is likely to cause reasonable affront or alarm or will unreasonably disturb the peace and quiet of the city; or (5) shall be found fighting in the city of Sedro-Woolley.
B. Disorderly conduct is a crime. (Ord. 1113 § 8.3, 1991)
Sections:
9.43.010 Park property—Use after hours—Permission required—Penalty.
A. It is unlawful for any person, without prior written permission from the mayor or his designee, to enter or go onto or to remain in or on any public park or other public land of the city between the hours of ten p.m. and six a.m. of the following day, except when using the Community Center at Memorial Park, or using recreational vehicle spaces, after renting or reserving the facility or space from the city.
B. Use of a public park or other public land of the city in violation of this section shall be a crime punishable as set forth in Section 9.86.010. (Ord. 1255-96 § 1, 1996)
Sections:
9.44.010 Protective custody—Treatment center.
9.44.020 Treatment center—Confinement—Release.
9.44.030 Treatment center—Informed of rights.
9.44.040 Treatment center—Security necessary for patients and personnel.
9.44.050 Further treatment—Encouragement.
9.44.060 Treatment center—Voluntary admission.
A person who appears to be incapacitated by alcohol and who is in a public place or who has threatened, attempted or inflicted physical harm on another, shall be taken into protective custody and as soon as practicable, but in no event beyond eight hours, brought to an approved treatment facility for treatment. If no approved treatment facility is readily available, he shall be taken to an emergency medical service customarily used for incapacitated persons. (Ord. 783 § 2, 1974)
At the treatment center the person thus taken into custody shall be examined by a qualified person under the supervision of a licensed physician as soon as possible. He or she may then be admitted to the center as a patient or be referred to and transported to another health facility. Every person thus admitted may be kept at the facility for not more than forty‑eight hours, or until he or she is found to be no longer incapacitated by alcohol, whichever is sooner, at which time he or she shall be released unless transferred with his or her consent or under appropriate judicial order to another health facility, or unless he or she agrees in writing to remain as a patient a longer period of time. At the time of release the person shall be transported to his or her home or if he or she has no home reasonable effort shall be made to obtain shelter. (Ord. 783 § 3, 1974)
Every person taken to the treatment center shall be immediately informed in writing that he or she has a right to call an attorney (either immediately or later), and he or she may individually or through his or her attorney, demand a court hearing within forty-eight hours (or earlier) which hearing shall then be conducted and the court shall determine whether the person in fact should be kept in such facility under this chapter, and shall order him or her released if the court finds the person is not incapacitated by liquor and that it is safe for him or her to be released. (Ord. 783 § 4, 1974)
The personnel of the treatment center shall assure that the person does not leave the center until forty-eight hours have passed or until he or she is no longer incapacitated by liquor, whichever is sooner, and shall use such reasonable security measures necessary for the protection of patients or personnel. The police and personnel at the treatment center shall have the right to use reasonable force when necessary to protect personnel. The taking of the person to the treatment center is not an arrest and no record shall be made thereof to indicate the person is guilty of any crime. In carrying out this chapter the police and personnel of the treatment center shall not be individually liable either civilly or criminally for acts taken in good faith to carry out this chapter. (Ord. 783 § 5, 1974)
All persons released from the treatment center shall be encouraged to undergo further diagnosis and appropriate voluntary treatment. (Ord. 783 § 6, 1974)
Any person who is intoxicated or incapacitated by use of liquor may come to the treatment center voluntarily and be admitted for treatment as a patient. (Ord. 783 § 7, 1974)
Sections:
9.46.010 Intent.
9.46.020 Unlawful
acts designated.
9.46.030 Exemptions.
9.46.040 Violation—Penalty.
9.46.050 Repeated
violations are crimes.
It is declared to be the policy of the city to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive and unnecessary noise. It is the express intent of the city to control the level of noise in a manner which promotes commerce; the use value and enjoyment of property; sleep and repose; and the quality of the environment. The ordinance codified in this chapter should be construed consistent with this intent. (Ord. 1141 § 1, 1992)
It is unlawful for any person knowingly to cause, or for any person in possession or control of property knowingly to allow to originate from the property, sound that is a public disturbance noise. The following sounds or acts are determined to be public disturbance noises or acts producing public disturbance noises:
A. Operation of a motor vehicle, whether or not licensed or equipped for use on a public highway, which is not equipped with a muffler in good working order and in continuous operation;
B. Operation of a motor vehicle in such a manner as to intentionally cause, or allow to be emitted, squealing, screeching, or other such sound, from the tires in contact with the ground because of rapid acceleration, intentional and unnecessary braking or excessive speed around corners or other such reason; provided, that sound resulting from emergency braking or emergency evasive action to avoid imminent danger shall not be considered a public disturbance noise;
C. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;
D. Using or operating any mechanical or electronic
device or loudspeaker in a fixed or movable position exterior to any building,
or mounted upon a motor vehicle, aircraft, or boats for commercial or business
advertising purposes or for the purpose of attracting attention to any
performance, show or sale or display of merchandise, where the sound therefrom
may be heard upon any public street, park, or place; provided, that nothing in
this chapter is intended to prohibit incidental sounds emanating from a
sporting or entertainment or public event; provided further, that ice cream or
vegetable vendors whose sole method of selling is from a moving vehicle, shall
be exempt from this provision from the hours of
E. Owning, keeping, possessing or harboring any animals which by frequent or habitual howling, barking, crowing or other noisemaking can be heard in a residential zone;
F. The erection, including excavation, demolition, alteration or repair of any building other than between the hours of seven a.m. to nine p.m. on weekdays and eight a.m. to nine p.m. on weekends, except in cases of urgent necessity in the interest of public safety and convenience, and then only by written permission of the building official or city supervisor;
G. The use, operation or permitting to be used, played or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. To unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants shall include, but not be limited to the operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located. Provided, however, that nothing herein shall prohibit such sounds at or from a wedding, reception, party, musical or theatrical performance or other similar event where a permit therefor has first been obtained from the city supervisor and subject to such conditions and restrictions as the city supervisor shall designate;
H. Operation of any power lawn mower, power snow remover or blower, chain saw or other powered equipment used in temporary or periodic maintenance or repair of residential property or grounds, except between the hours of seven a.m. to nine p.m. on weekdays and eight a.m. to nine p.m. on weekends;
I. Maintaining or possessing any bells, chimes, or carillons which operate or make noise plainly audible in or on neighboring residential property for a period longer than five minutes in any one hour;
J. The operation of any aircraft for the purpose of take-off or landing where the noise therefrom is clearly audible in or on any residential property, whether or not such aircraft are regulated by the Federal Aviation Administration or other federal law, and including those aircraft commonly referred to as “ultralights.” (Ord. 1141 § 2, 1992)
The following sounds are exempt from the provisions of this chapter:
A. Sounds originated from aircraft in flight;
B. Sounds created by fire alarms;
C. Sounds created by emergency equipment and emergency work necessary in the interest of law enforcement or of the health, safety or welfare of persons or community;
D. Sounds originating from city sanctioned events such as parades or other public events. (Ord. 1141 § 3, 1992)
Any person, firm or corporation who violates any of the provisions of this chapter shall have committed a civil infraction. Procedure for issuance of a notice of infraction and the processing thereof in the courts shall be substantially as set forth for traffic infraction pursuant to the justice court traffic infraction rules as now or hereafter promulgated by the Washington State Supreme Court or local court rules. Penalties for violations shall be as follows:
A. Upon a first violation, a fine of not more than one hundred dollars;
B. Upon a second violation, a fine of not more than two hundred fifty dollars;
C. Upon a third violation, a fine of not more than five hundred dollars. (Ord. 1567-07 § 2, 2007; Ord. 1141 § 4, 1992)
Any person, firm or corporation who violates any of the provisions of this chapter more than three times in any twelve-month period of time shall have committed a crime which shall be punishable as set forth in Section 9.86.010. (Ord. 1567-07 § 1, 2007)
Sections:
9.48.010 False alarm defined.
9.48.020 Turn-off of activated alarms—Responsibility.
9.48.030 Activation of alarm unlawful when.
9.48.040 False alarms.
9.48.050 Violation—Penalty.
For purposes of this chapter, the term “false alarm” means the activation of a fire, water flow, burglary and/or robbery alarm by other than a fire, smoke, heat, forced entry or attempted forced entry into the premises and at a time when no fire, smoke or heat occurs, or no burglary or robbery is being committed or attempted on a premises. (Ord. 1225-95 § 1 (part), 1995: Ord. 1181 § 2, 1993)
It is unlawful to have or maintain on any premises a fire, water flow, burglary and/or robbery alarm unless there is posted at the main entrance to such premises a prominent notice of the telephone numbers at which the person or persons authorized to enter such premises and turn off such alarm can be reached at all times, or unless such information respecting a burglary and/or robbery alarm is on file with the Sedro-Woolley police department, or unless such information respecting a fire and/or water flow alarm is on file with the Sedro-Woolley fire department. It is unlawful for any person so designated to fail to appear and turn off any such alarm within one hour after being notified by the police or fire department to do so. (Ord. 1225-95 § 1 (part), 1995: Ord. 1181 § 3, 1993)
It is unlawful for anyone to activate any fire, water flow, robbery or burglary alarm for the purpose of summoning police or fire department except in the event of an actual or attempted burglary or robbery in progress, or except when fire, smoke, or heat occurs. It is unlawful for anyone notifying the police or fire department 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 or fire department of such apparent malfunction. (Ord. 1225-95 § 1 (part), 1995: Ord. 1181 § 4, 1993)
For a police or fire department response to any false alarm the chief of police or fire chief shall charge and collect from the person having or maintaining such fire, smoke alarm, burglary and/or robbery alarm on premises owned or occupied by him, such person shall pay fees as follows:
A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” no fee shall be charged, but the person having or maintaining such a fire, smoke alarm, burglary and/or robbery alarm shall within three working days after notice to do so make a written report to the chief of police or fire chief on forms prescribed by him setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the chief of police or fire chief may reasonably require to determine the cause of such false alarm and corrective action necessary.
B. For a second response to premises within six months after a first response, no fee shall be charged, but a written report shall be required as in the case of a first response and the chief of police or fire chief shall be authorized to inspect or cause to be inspected, at owner’s expense, the alarm system at such premises, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system of the conditions and requirements of this section.
C. For a third response to the premises within six months after a second response, and for all succeeding responses within six months of the last response, a fee of fifty dollars shall be charged and if such third false alarm, or any such succeeding false alarm, is as a result of failure to take necessary corrective action prescribed by the chief of police or fire chief, said chief of police or fire chief may order the disconnection of such alarm system and it shall be unlawful to reconnect such alarm system until after such corrective action is taken; provided, that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation; and provided, no fee shall be assessed if the chief of police or fire chief determines that the cause of the false alarm was lighting, weather, power outage or other natural disturbance. (Ord. 1225-95 § 1 (part), 1995: Ord. 1181 § 5, 1993)
Failure to comply with any of the terms or conditions of this chapter shall be a crime punishable as set forth in Section 9.86.010. (Ord. 1225-95 § 1 (part), 1995: Ord. 1181 § 6, 1993)
Sections:
9.50.010 Defined.
9.50.020 Crime declared.
9.50.030 Defense for prosecution.
A person is guilty of reckless burning, if he knowingly causes a fire or explosion, whether on his own property or that of another, and thereby recklessly places a building or other property in danger of destruction or damage. (Ord. 1113 § 5.1(a), 1991)
Reckless burning is a crime. (Ord. 1113 § 5.1(b), 1991)
In any prosecution for the crime of reckless burning it shall be a defense that no person other than the defendant had a possessory or pecuniary interest in the damaged or endangered property, or that if other persons had such an interest, all of them consented to the defendant’s conduct. (Ord. 1113 § 5.1(c), 1991)
Sections:
9.51.010 Prohibited—Crime declared.
A. A person is guilty of littering if he throws, drops, deposits, discards, or otherwise disposes of litter from any public property in the city or upon private property in the city not owned by him or in the waters within the city, 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:
1. 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 purposes;
2. 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 the private or public property or water.
B. Littering is a crime. (Ord. 1113 § 5.11, 1991)
Sections:
9.52.010 Determination of guilt—Crime declared.
A. A person is guilty of malicious mischief if he knowingly and maliciously causes physical damage to the property of another in an amount less than two hundred fifty dollars.
B. Malicious mischief is a crime. (Ord. 1378-00 § 1, 2000: Ord. 1113 § 5.3, 1991)
Sections:
9.53.010 Graffiti constitutes a nuisance.
9.53.020 Court mandated removal appropriate when possible.
9.53.030 Graffiti abatement is beneficial to the community.
9.53.040 Definitions.
9.53.050 Graffiti is prohibited.
9.53.060 Graffiti—Notice of removal.
9.53.070 Service of notice of removal to be written to property owner.
9.53.080 Form of notice.
9.53.090 City costs constitute a debt-lien.
9.53.100 Appeal.
9.53.110 Abatement by city.
9.53.120 Advance consent to entry.
Graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates and other structures, trees and other real and personal property within the city constitutes a nuisance. (Ord. 1244-95 § 1, 1995)
Although it is appropriate, where possible, to request that the courts require people who are convicted of acts of defacement and vandalism involving application of graffiti to public or private property to restore the property so defaced, damaged or destroyed, obtaining convictions for such acts is difficult because the offenses involved can be committed so very quickly and secretly that witnesses to the acts are frequently non-existent. (Ord. 1244-95 § 2, 1995)
Although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same to the proper authorities, it is also important to eliminate the presence of graffiti from the community so that the product of illegal acts of those involved in the illegal application of graffiti is not visible, on the property on which the graffiti is located, and so that surrounding properties do not suffer diminishment of value. (Ord. 1244-95 § 3, 1995)
For the purpose of this chapter, the following words shall have the following meaning:
“Graffiti” means the defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye or other similar substance on public or private buildings, structures and places.
“Graffiti abatement procedure” means the abatement procedure which identifies graffiti, issues notice to the landowner to abate the graffiti, and cures it in the absence of response.
“Private contractor” means any person with whom the city shall have duly contracted to remove graffiti. (Ord. 1244-95 § 4, 1995)
It is unlawful within the city for any person or persons to write, paint or draw upon any wall, rock, bridge, building, fence, gate, road or other structure, tree or real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as “graffiti.” (Ord. 1244-95 § 5, 1995)
A. Whenever the police chief or his/her designated representative determines that graffiti exists on any public or private building, structures and places which are visible to any person utilizing any public road, parkway, alley, sidewalk or other right-of-way within the city, and when seasonal temperatures permit the painting of exterior surfaces, the police chief or his/her designated representative shall cause a notice to be issued to abate such nuisance. The property owner shall have fifteen days after the date of the notice to remove the graffiti or the same will be subject to abatement by the city. (Ord. 1244-95 § 6, 1995)
The notice to abate
graffiti pursuant to this section shall cause a written notice to be served
upon the owner(s) of the affected premises, as such owner’s name and address
appears on the last property tax assessment rolls of
A. By personal service on the owner, occupant or person in charge, or control of the property;
B. By registered or certified mail addressed to the owner of the last known address of said owner. If this address is unknown, the notice will be sent to the property address. (Ord. 1244-95 § 7, 1995)
The notice shall be substantially in the following form:
Notice of Intent to Remove Graffiti
Date:
To:
NOTICE IS HEREBY GIVEN that you are required, by Ordinance Number _________, City of Sedro-Woolley, at your own expense, to remove or paint over the graffiti located on the property commonly known as:
(property address)
Sedro-Woolley,
All persons having any objection to,
or interest said in the matter, are hereby notified to submit any objections or
comments to the Chief of Police of the City of
(Ord. 1244-95 § 8, 1995)
Any, and all, costs incurred by the city in the abatement of the graffiti nuisance as provided in this chapter shall constitute a debt owed to the city by the property owner or person in charge or control of the property, and shall be enforceable as a lien against the property upon which such nuisance existed, in addition to the other legal remedies available for enforcement of debts. (Ord. 1244-95 § 9, 1995)
Within ten days from the mailing or from the personal service of the notice of intent to remove graffiti, the owner or person occupying or controlling the affected premises may appeal the matter to the city council. Filing of the appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate the graffiti nuisance. (Ord. 1244-95 § 10, 1995)
Upon failure of the person(s) so notified to comply with the notice, or to appeal the notice, within the designated date, or such continued date thereafter as the police chief of his/her designated representative approves, then the police chief is authorized and directed to cause the graffiti to be abated by city forces, or by private contract, and the city, or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate or cover graffiti shall be as close, as feasible, to the background color(s). If the police chief provides for the removal of the graffiti, he/she shall not authorize nor undertake to provide for the painting or repair of any more extensive area than the area where the graffiti is located. (Ord. 1244-95 § 11, 1995)
Property owners in the city may consent in advance to city entry onto private property for graffiti removal purposes. (Ord. 1244-95 § 12, 1995)
Sections:
9.54.010 Determination of guilt—Crime declared.
A. A person is guilty of criminal trespass if he knowingly enters or remains unlawfully in or upon premises or vehicle of another.
B. Criminal trespass is a crime. (Ord. 1113 § 5.4, 1991)
Sections:
9.56.010 Determination of guilt—Crime declared.
A. A person is guilty of vehicle prowling if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle.
B. Vehicle prowling is a crime. (Ord. 1113 § 5.12, 1991)
Sections:
9.58.010 Defined—Defense.
9.58.020 Third degree theft.
9.58.030 Crime declared.