Chapter 9.10
CRIMINAL CODE
Sections:
9.10.010 Preliminary statement.
9.10.020 Purposes – Principles of construction.
9.10.030 City criminal jurisdiction.
9.10.040 Classes of crimes.
9.10.050 Punishment – Restitution.
9.10.060 Limitation of action.
9.10.070 Proof beyond a reasonable doubt.
9.10.080 General provisions – Adoption by reference.
9.10.090 Principles of liability.
9.10.100 Defenses.
9.10.110 Anticipatory offenses.
9.10.120 Abandoned refrigeration equipment.
9.10.130 Advertising – Crimes relating to.
9.10.140 Aggressive begging.
9.10.150 Alcoholic beverage control.
9.10.160 Alcoholic beverage control –Opening or consuming liquor or possessing open container of liquor in public place.
9.10.170 Animals – Crimes relating to.
9.10.180 Assault and other crimes relating to person.
9.10.190 Competitive bidding.
9.10.200 Controlled substances.
9.10.210 Controlled substances – Drug paraphernalia – Possession prohibited.
9.10.220 Controlled substances – Definitions.
9.10.230 Controlled substances – Minors.
9.10.240 Controlled substances – Minors excluded.
9.10.250 Controlled substances – Sale and display rooms.
9.10.260 Controlled substances – Sale restriction.
9.10.270 Controlled substances – Nuisance.
9.10.280 Controlled substances –Violation, penalty.
9.10.290 Corporations – Crimes relating to.
9.10.300 Custodial interference.
9.10.310 Discharge of firearms prohibited.
9.10.320 Disorderly conduct.
9.10.330 Disruption of school activities.
9.10.340 Domestic violence protection.
9.10.350 Dumping of trash in waterways.
9.10.360 Repealed.
9.10.370 False representations.
9.10.380 False swearing and tampering.
9.10.390 Fire alarms – Crimes relating to.
9.10.400 Firearms and dangerous weapons.
9.10.410 Fraud.
9.10.420 Gambling offenses.
9.10.430 Harassment.
9.10.440 Inhaling toxic fumes.
9.10.450 Juries – Crimes relating to.
9.10.460 Repealed.
9.10.470 Miscellaneous crimes.
9.10.480 Misconduct in signing a petition.
9.10.490 Obstructing governmental operation.
9.10.500 Official misconduct.
9.10.510 Public disturbance.
9.10.520 Public nuisances.
9.10.530 Reckless burning and malicious mischief.
9.10.540 Roadside stands.
9.10.550 Sexual offenses.
9.10.560 Sexual offenses – Unlawful acts of prostitution or pandering.
9.10.570 Special offenses relative to minors.
9.10.580 Telephone credit cards.
9.10.590 Theft and possession of stolen property.
9.10.600 Throwing objects at or from moving vehicles.
9.10.610 Trademarks and other marks.
9.10.620 Trespass and prowling.
9.10.630 Unlawful use of air, potato or paintball guns – Penalty.
9.10.640 Urinating in public.
9.10.650 Vehicles resembling police or fire vehicles.
9.10.660 Violating right of privacy.
9.10.670 Violation of court ordered probation.
9.10.680 Construction.
9.10.690 Copies to be available.
9.10.700 Certified copies to be furnished to court.
9.10.010 Preliminary statement.
A. This chapter shall be known as, and may be cited as, the Shoreline criminal code.
B. The provisions of this code shall apply to any offense committed on or after 12:01 a.m. on February 28, 1996.
C. The provisions of this code do not apply to or govern the construction of and punishment for any offense committed prior to 12:01 a.m. on February 28, 1996, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing in the city at the time of the commission thereof in the same manner as if this code had not been enacted.
D. The sections of the Revised Code of Washington (RCW) and the King County Code (KCC), now in effect or as subsequently amended, specifically enumerated in this chapter, are adopted by reference in this code.
E. Section captions are for organizational purposes only and shall not be construed as part of this code. [Ord. 73 § 1, 1996]
9.10.020 Purposes – Principles of construction.
A. The general purposes of the provisions governing the definition of offenses are:
1. To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;
2. To safeguard conduct that is without culpability from condemnation as criminal;
3. To give fair warning of the nature of the conduct declared to constitute an offense; and
4. To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.
B. The provisions of this code shall be construed according to the fair import of their terms, and when the language is susceptible of differing constructions, it shall be interpreted to further the general purposes stated in this code.
C. In adopting state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. [Ord. 73 § 2, 1996]
9.10.030 City criminal jurisdiction.
Any person who commits any offense defined by this code, in whole or in part, within the corporate limits of the city is liable to arrest, prosecution and punishment. [Ord. 73 § 3, 1996]
9.10.040 Classes of crimes.
An offense defined by this code, for which a sentence of imprisonment is authorized, constitutes a violation of city ordinance and a crime. Crimes are classified as gross misdemeanors or misdemeanors. [Ord. 73 § 4, 1996]
9.10.050 Punishment – Restitution.
A. Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of not more than one year, or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine.
B. Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than 90 days, or by a fine in an amount of not more than $1,000, or by both such imprisonment and fine.
C. A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50 RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.
D. The court may impose restitution as provided in RCW 9A.20.030.
E. In the event there is a conflict in the penalties which can be imposed upon conviction for a specific offense between the provisions of the Shoreline criminal code and the Revised Code of Washington, the penalty provisions of the Revised Code of Washington shall apply. [Ord. 73 § 5, 1996]
9.10.060 Limitation of action.
A. A gross misdemeanor, or a crime not otherwise classified, may not be prosecuted more than two years after its commission. A misdemeanor may not be prosecuted more than one year after its commission.
B. Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this state.
C. If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside. [Ord. 73 § 6, 1996]
9.10.070 Proof beyond a reasonable doubt.
A. Every person charged with an offense is presumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt.
B. When an offense has been proven against a person but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree. [Ord. 73 § 7, 1996]
9.10.080 General provisions – Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.04.050 People capable of committing crimes – Culpability of children.
9A.04.060 Common law to supplement statutes.
9A.04.070 Who amenable to criminal statutes.
9A.04.090 Application of general provisions of code.
9A.04.110 Definitions.
9.01.055 Citizen immunity if aiding officer.
9.01.110 Omission, when not punishable.
9.01.130 Sending letter, when complete.
[Ord. 73 § 8, 1996]
9.10.090 Principles of liability.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another –Complicity.
9A.08.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf.
[Ord. 73 § 9, 1996]
9.10.100 Defenses.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.12.010 Defense of insanity.
9A.16.010 Definitions.
9A.16.020 Use of force – When lawful.
9A.16.030 Homicide – When excusable.
9A.16.040 Justifiable homicide or use of deadly force by public officer, peace officer, person aiding.
9A.16.050 Homicide – By other person –When justifiable.
9A.16.060 Duress.
9A.16.070 Entrapment.
9A.16.080 Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense.
9A.16.090 Intoxication.
9A.16.100 Use of force on children – Policy – Actions presumed unreasonable.
[Ord. 73 § 10, 1996]
9.10.110 Anticipatory offenses.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
[Ord. 73 § 11, 1996]
9.10.120 Abandoned refrigeration equipment.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.03.010 Abandoning, discarding refrigeration equipment.
9.03.020 Permitting unused equipment to remain on premises.
9.03.040 Keeping or storing equipment for sale.
[Ord. 73 § 12, 1996]
9.10.130 Advertising – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.04.010 False advertising.
9.04.040 Advertising cures of lost sexual potency – Evidence.
9.04.090 Advertising fuel prices by service station.
[Ord. 73 § 13, 1996]
9.10.140 Aggressive begging.
A. Any person who engages in aggressive begging in any public place in the city as those terms are defined by this section is guilty of a misdemeanor.
B. As used in this section:
1. “Aggressive begging” means to beg with intent to intimidate another person into giving money or goods.
2. “Begging” means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means.
3. “Intimidate” means to coerce or frighten into submission or obedience.
4. “Public place” means any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of the owner or owners; and any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-of-way open to the use of the public. [Ord. 73 § 14, 1996]
9.10.150 Alcoholic beverage control.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
66.04.010 Definitions.
66.20.160 “Card of identification”, “licensee”, “store employee” defined for certain purposes.
66.20.170 Card of identification may be accepted as identification card and evidence of legal age.
66.20.180 Card of identification to be presented on request of licensee.
66.20.200 Unlawful acts relating to card of identification and certification card – Penalty.
66.28.090 Licensed premises or banquet permit premises open to inspection – Failure to allow –Violation.
66.32 Search and seizure; Entire chapter.
66.44 Enforcement – Penalties; Entire chapter.
[Ord. 73 § 15, 1996]
9.10.160 Alcoholic beverage control –Opening or consuming liquor or possessing open container of liquor in public place.
Except as provided by RCW Title 66 or SMC 8.12.500, relating to park rules, any person who possesses an open container of liquor in a public place shall be subject to a civil fine not to exceed $50.00; provided, that this provision shall not apply to containers kept in the trunk of a vehicle or in an area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. [Ord. 480 § 1, 2007; Ord. 73 § 16, 1996]
9.10.170 Animals – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.08.020 Diseased animals.
9.08.030 False certificate of registration of animals – False representation as to breed.
9.08.070 Pet animals –Taking, concealing, injuring, lulling, etc. – Penalty.
16.52.080 Transporting or confining an animal in an unsafe manner.
16.52.090 Docking horses.
16.52.095 Cutting ears.
16.52.100 Confining animals without food or water.
16.52.117 Animal fighting.
16.52.190 Poisoning animals.
16.52.193 Poisoning animals – Strychnine sales, etc.
16.52.195 Poisoning animals – Penalty.
16.52.207 Animal cruelty in the second degree.
16.52.300 Dogs or cats used as bait.
[Ord. 73 § 17, 1996]
9.10.180 Assault and other crimes relating to person.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.36.041 Assault in the fourth degree.
9A.36.050 Reckless endangerment in the second degree.
9A.36.070 Coercion.
[Ord. 73 § 18, 1996]
9.10.190 Competitive bidding.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.18.120 Suppression of competitive bidding.
9.18.130 Collusion to prevent competitive bidding.
9.18.140 Penalty.
[Ord. 73 § 19, 1996]
9.10.200 Controlled substances.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
69.50.101 Definitions.
69.50.204
(d)(13) Schedule I – Marijuana.
69.50.309 Containers.
69.50.401(e) Prohibited acts: A – Penalties.
69.50.425 Misdemeanor violators –Minimum imprisonment.
69.50.505 Seizure and forfeiture.
69.50.506 Burden of proof.
69.50.509 Search and seizure of controlled substances.
[Ord. 73 § 20, 1996]
9.10.210 Controlled substances – Drug paraphernalia – Possession prohibited.
Any person who possesses any drug paraphernalia as defined in SMC 9.10.220 is guilty of a misdemeanor. [Ord. 73 § 21, 1996]
9.10.220 Controlled substances – Definitions.
A. “Drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, smoking, or otherwise introducing into the human body a controlled substance.
B. A device “designed primarily for” smoking or ingestion set forth in subsection A of this section is a device which has been fabricated, constructed, altered, adjusted or marked especially for use in the smoking, ingestion or consumption of marijuana, hashish, hashish oil, cocaine or any other “controlled substance”, and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia, notwithstanding the fact that it might also be possible to use such device for some other purpose.
C. In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of this chapter;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object as to a violation of SMC 9.10.230 shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Whether the owner, or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
13. The existence and scope of legitimate uses for the object in the community; and
14. Expert testimony concerning its use. [Ord. 73 § 22, 1996]
9.10.230 Controlled substances – Minors.
No owner, manager, proprietor or other person in charge of any room in any place of business where any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion, or consumption of marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, is sold or displayed for the purpose of sale may allow or permit any person under the age of 18 years to be in, remain in, enter or visit such room unless such minor person is accompanied by a parent or legal guardian. [Ord. 73 § 23, 1996]
9.10.240 Controlled substances – Minors excluded.
No person under the age of 18 years may be in, remain in, enter or visit any room in any place used for the sale or displaying for sale of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, unless such person is accompanied by a parent or legal guardian. [Ord. 73 § 24, 1996]
9.10.250 Controlled substances – Sale and display rooms.
No person may maintain, in any place of business to which the public is invited, the display for sale or the offering to sell of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be posted with a sign in reasonably visible and legible words to the effect that items which are defined as drug paraphernalia under this chapter are being offered for sale in such a room and that minors unless accompanied by a parent or legal guardian are excluded. [Ord. 73 § 25, 1996]
9.10.260 Controlled substances – Sale restriction.
No person shall sell or give, or permit to be sold or given, to any person under the age of 18 years any device, contrivance, instrument or paraphernalia which is primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP, or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs. [Ord. 73 § 26, 1996]
9.10.270 Controlled substances – Nuisance.
The distribution or possession for the purpose of sale, exhibition or display, in any place of business from which minors are not excluded, as set forth in this code, of devices, contrivances, instruments or paraphernalia which are primarily designed for or intended to be used for the smoking, ingestion or consumption of marijuana, hashish, PCP or any controlled substance other than prescription drugs and devices to ingest or inject prescription drugs, is declared to be a public nuisance and may be abated by the city. This remedy shall be addition to any other remedy provided by the law including the penalty provision applicable for the violation of the terms and provision of this code. [Ord. 73 § 27, 1996]
9.10.280 Controlled substances – Violation, penalty.
Any person convicted of violating SMC 9.10.230, 9.10.240, 9.10.250 or 9.10.260 shall be guilty of a misdemeanor. A second or subsequent conviction of any of the foregoing sections may result in revocation of the business license of the place of business where the violations occurred. [Ord. 73 § 28, 1996]
9.10.290 Corporations – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.24.010 Fraud in stock subscription.
9.24.040 Corporation doing business without license.
[Ord. 73 § 29, 1996]
9.10.300 Custodial interference.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.40.010 Definitions.
9A.40.070 Custodial interference in the second degree.
9A.40.080 Custodial interference –Assessment of costs – Defense – Consent defenses restricted.
[Ord. 73 § 30, 1996]
9.10.310 Discharge of firearms prohibited.
A. Any person who knowingly discharges a firearm within the city is guilty of a misdemeanor.
B. The provisions of this section do not apply to:
1. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;
2. Law enforcement personnel;
3. Security personnel while engaged in official duties; or
4. A person utilizing a properly licensed institutional, membership and/or commercial shooting range. [Ord. 73 § 31, 1996]
9.10.320 Disorderly conduct.
Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:
A. Uses abusive language and thereby intentionally creates a risk of assault;
B. Intentionally disrupts any lawful assembly or meeting of persons without authority;
C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
D. Fights by agreement, except as part of an organized athletic event. [Ord. 73 § 32, 1996]
9.10.330 Disruption of school activities.
A. Any person who enters or remains in any school building, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto and intentionally causes disruption of the activities of the school is guilty of a gross misdemeanor.
B. As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education. [Ord. 73 § 33, 1996]
9.10.340 Domestic violence protection.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.36.150 Interfering with the reporting of domestic violence.
10.99.020 Definitions.
10.99.030 Law enforcement officers –Training, powers, duties.
10.99.040 Restrictions upon and duties of court.
10.99.045 Appearances by defendant –Orders prohibiting contact.
10.99.050 Victim contact – Restriction, prohibition – Violation, penalties – Written order –Procedures.
10.99.055 Enforcement of orders against defendants.
26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity.
26.50.010 Definitions.
26.50.020 Commencement of action –Jurisdiction – Venue.
26.50.030 Petition for an order for protection – Availability of forms and instructional brochures – Fee – Bond not required.
26.50.040 Application for leave to proceed in forma pauperis.
26.50.050 Hearing – Service – Time.
26.50.060 Relief.
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.
26.50.100 Order – Transmittal to law enforcement agency – Record in law enforcement information system – Enforceability.
26.50.110 Violation of order – Penalties.
26.50.120 Violation of order – Prosecuting attorney or attorney for municipality may be requested to assist – Cost and attorney’s fees.
26.50.130 Order – Modification –Transmittal.
26.50.140 Peace officer – Immunity.
26.50.200 Title to real estate – Effect.
26.50.210 Proceedings additional.
[Ord. 111 § 1, 1997; Ord. 73 § 34, 1996]
9.10.350 Dumping of trash in waterways.
The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.36.010 Dumping trash in waterways prohibited.
[Ord. 73 § 35, 1996]
9.10.360 False alarms – Crimes relating to.
Repealed by Ord. 275. [Ord. 73 § 36, 1996]
9.10.370 False representations.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.38.010 False representation concerning credit.
9.38.020 False representation concerning title.
[Ord. 73 § 37, 1996]
9.10.380 False swearing and tampering.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.72.010 Definitions.
9A.72.040 False swearing.
9A.72.050 Perjury and false swearing –Inconsistent statements – Degree of crime.
9A.72.060 Perjury and false swearing –Retraction.
9A.72.070 Perjury and false swearing –Irregularities no defense.
9A.72.080 Statement of what one does not know to be true.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
[Ord. 73 § 38, 1996]
9.10.390 Fire alarms – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.40.040 Operating engine or boiler without spark arrester.
9.40.100 Injuring or tampering with fire alarm apparatus or equipment –Sounding false alarm of fire.
[Ord. 73 § 39, 1996]
9.10.400 Firearms and dangerous weapons.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.41.010 Terms defined.
9.41.050 Carrying pistol.
9.41.060 Exception to restriction on carrying pistol.
9.41.070 Issue of licenses to carry – Fee –Revocation – Renewal.
9.41.080 Delivery to minors and others forbidden.
9.41.090 Commercial sales regulated –Requirements for delivery – Hold on delivery.
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 Dangerous exhibitions.
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.
9.41.300 Firearms prohibited in certain places – Local laws and ordinances – Exceptions –Penalty.
9.41.810 Penalty.
[Ord. 73 § 40, 1996]
9.10.410 Fraud.
A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.45.060 Encumbered, leased, or rented personal property – Construction.
9.45.062 Failure to deliver leased personal property – Requisites for prosecution – Construction.
9.45.070 Mock auctions.
9.45.080 Fraudulent removal of property.
9.45.090 Knowingly receiving fraudulent conveyance.
9.45.100 Fraud in assignment for benefit of creditors.
9A.60.010 Definitions.
9A.60.040 Criminal impersonation.
9A.60.050 False certification.
9A.61.010 Defrauding a public utility –Definitions.
9A.61.020 Defrauding a public utility.
9A.61.050 Defrauding a public utility in the third degree.
9A.61.060 Restitution.
9.26A. 110 Fraud in obtaining telecommunications service –Penalty.
B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.08.010 Impersonating members of public safety department.
12.08.020 Selling or disposing of police badges prohibited.
12.08.030 Possessing badge with intent to impersonate officer.
12.08.040 Intent to impersonate presumed.
12.08.050 Penalty for violation.
[Ord. 73 § 41, 1996]
9.10.420 Gambling offenses.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.46.190 Violations relating to fraud or deceit.
9.46.193 Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts.
9.46.195 Obstruction of public servant in administration or enforcement as violation – Penalty.
9.46.196 Cheating – Defined.
9.46.1961 Cheating in the first degree.
9.46.1962 Cheating in the second degree.
9.46.198 Working in gambling activity without license as violation –Penalty.
9.46.210 Enforcement – Commission as law enforcement agency.
9.46.215 Ownership or interest in gambling device – Penalty – Exceptions.
9.46.217 Gambling records – Penalty – Exceptions.
9.46.222 Professional gambling in the third degree.
9.46.231 Gambling devices, real and personal property – Seizure and forfeiture.
9.46.235 Slot machines, antique – Defenses concerning – Presumption created.
9.46.240 Gambling information, transmitting or receiving 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.
[Ord. 394 § 1, 2005; Ord. 73 § 42, 1996]
9.10.430 Harassment.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
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.
9.61.230 Telephone calls to harass, intimidate, torment, 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.
[Ord. 73 § 43, 1996]
9.10.440 Inhaling toxic fumes.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.47A.010 Definition.
9.47A.020 Unlawful inhalation – Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
[Ord. 73 § 44, 1996]
9.10.450 Juries – Crimes relating to.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.51.010 Misconduct of officer drawing jury.
9.51.020 Soliciting jury duty.
9.51.030 Misconduct of officer in charge of jury.
[Ord. 73 § 45, 1996]
9.10.460 Littering and pollution.
Repealed by Ord. 251. [Ord. 73 § 46, 1996]
9.10.470 Miscellaneous crimes.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.91.010 Denial of civil rights – Terms defined.
9.91.025 Unlawful bus conduct.
9.91.060 Leaving children unattended in parked automobile.
9.91.090 Fraudulent destruction of insured property.
9.91.110 Metal buyers – Records of purchases – Penalty.
9.91.130 Disposal of trash in charity donation receptacle.
[Ord. 73 § 47, 1996]
9.10.480 Misconduct in signing a petition.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.44.080 Misconduct in signing a petition.
[Ord. 73 § 48, 1996]
9.10.490 Obstructing governmental operation.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
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 terms.
9A.76.060 Relative defined.
9A.76.070 Rendering criminal assistance in the first degree.
9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree.
9A.76.100 Compounding.
9A.76.130 Escape in the third degree.
9A.76.160 Introducing contraband in the third degree.
9A.76.170 Bail jumping.
9.62.010 Malicious prosecution.
9.62.020 Instituting suit in name of another.
[Ord. 73 § 49, 1996]
9.10.500 Official misconduct.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.80.010 Official misconduct.
[Ord. 73 § 50, 1996]
9.10.510 Public disturbance.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.84.010 Riot.
9A.84.020 Failure to disperse.
9A.84.040 False reporting.
9.27.015 Interference, obstruction of any court building or residence –Violations.
[Ord. 73 § 51, 1996]
9.10.520 Public nuisances.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
[Ord. 73 § 52, 1996]
9.10.530 Reckless burning and malicious mischief.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.48.010 Definitions.
9A.48.050 Reckless burning in the second degree.
9A.48.060 Reckless burning – Defense.
9A.48.090 Malicious mischief in the third degree.
9A.48.100 Malicious mischief – “Physical damage” defined.
[Ord. 73 § 53, 1996]
9.10.540 Roadside stands.
The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.28.010 Unlawful to erect structures along roads.
12.28.020 Required distance from right-of-way.
12.28.030 Nuisance declared – Authority of engineer.
12.28.040 Violation – Misdemeanor.
[Ord. 73 § 54, 1996]
9.10.550 Sexual offenses.
A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.44.010 Definitions.
9A.44.030 Defenses to prosecution under this chapter.
9A.44.096 Sexual misconduct with a minor in the second degree.
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.
9.68.130 “Sexually explicit material” – Defined – Unlawful display.
B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.56.010 “Body studios” defined.
12.56.020 Operation prohibited.
12.56.030 Penalty.
[Ord. 73 § 55, 1996]
9.10.560 Sexual offenses – Unlawful acts of prostitution or pandering.
A. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.63.010 Unlawful acts.
12.63.020 Known prostitute, panderer defined.
12.63.070 Public nuisance.
12.63.080 Evidence.
12.63.090 Additional evidence.
B. Any single conviction under this section within any period of 12 months shall be a misdemeanor. Any second or subsequent conviction under this section within any period of 12 months from a first or prior conviction of the same or similar offense shall be a gross misdemeanor.
C. The court may suspend all or a portion of the term of imprisonment or fine on condition that the convicted person never enter into, or be present in, any anti-prostitution emphasis area during the term of any such suspension or deferral. The court may further require AIDS testing and counseling, as a condition of suspension or deferral pursuant to RCW 70.24.350, at the defendant’s expense; provided, that King County, as agent for the city pursuant to interlocal agreement, may require such testing and counseling as provided in RCW 70.24.360 upon imprisonment in jail of any such convicted person.
D. The following described areas of the city are designated to be anti-prostitution emphasis areas and enhanced penalties shall be applied in event of conviction of unlawful acts of prostitution, prostitution loitering, permitting prostitution or pandering, or patronizing a prostitute, within the said areas, pursuant to this chapter, in order to assure elimination of all prostitution and prostitution-related activity within these areas:
1. An area hereby referred to as the Aurora Avenue SOAP (Stay Out of Areas of Prostitution) Area which is geographically defined as that area extending along Aurora Avenue North between 145th Street and 205th Streets and extending in an East-West direction two blocks on either side of Aurora Avenue North.
2. Any other area found by the judge of the district court to warrant designation as an anti-prostitution emphasis area when specifically set forth and identified in a court order naming a particular defendant.
E. The presence of any person within a designated area in violation of court imposed conditions of release or conditions of suspension or deferral of any sentence shall be a gross misdemeanor and any such person may be apprehended and arrested without the necessity for any warrant or additional court order. [Ord. 73 § 56, 1996]
9.10.570 Special offenses relative to minors.
A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.68A.011 Definition.
9.68A.080 Processors of depictions of minors engaged in sexually explicit conduct – Report required.
9.68A.090 Communication with a minor for immoral purposes.
9.68A.120 Seizure and forfeiture of property.
9.68A.140 Definitions.
9.68A.150 Allowing minor on premises of live erotic performance.
9.68A.160 Penalty.
9.69.100 Duty of witness of offense against child or any violent offense – Penalty.
26.28.080 Selling or giving tobacco to minors – Belief of representative capacity, no defense – Penalty.
B. The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.78.030 Written consent required to supply air gun and slingshot to minor.
12.78.040 Written consent to be kept as evidence.
12.78.050 Violation – Misdemeanor.
[Ord. 73 § 57, 1996]
9.10.580 Telephone credit cards.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.26A.090 Telephone company credit cards – Publishing numbers or code – “Publishes” defined.
9.26A.100 Definition.
9.26A.110 Fraud in obtaining telecommunications service –Penalty.
9.26A.120 Fraud in operating coin-box telephone or other receptacle.
9.26A.130 Penalty for manufacture or sale of slugs to be used for coin.
[Ord. 73 § 58, 1996]
9.10.590 Theft and possession of stolen property.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.56.010 Definitions.
9A.56.020 Theft – Definition, defense.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.100 Theft and larceny equated.
9A.56.140 Possessing stolen property –Definition – Access, devices, presumption.
9A.56.170 Possessing stolen property in the third degree.
9A.56.180 Obscuring identify 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.56.260 Connection of channel converter.
9A.56.270 Shopping cart theft.
[Ord. 73 § 59, 1996]
9.10.600 Throwing objects at or from moving vehicles.
A. Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor.
B. Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing or substance from a moving vehicle on the public highways or streets in such a manner as to strike or be likely to strike another moving vehicle on the public highways or streets or a pedestrian is guilty of a misdemeanor. [Ord. 73 § 60, 1996]
9.10.610 Trademarks and other marks.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.16.030 Counterfeiting trademark, brand, etc.
9.16.040 Displaying goods with false trademark.
9.16.050 When deemed affixed.
9.16.060 Fraudulent registration of trademark.
9.16.070 Form and similitude defined.
9.16.080 Sales of petroleum products improperly labeled or by wrong grade.
9.16.090 Sales of petroleum products improperly labeled or by wrong grade – Penalty for violations.
9.16.100 Use of words “sterling silver”, etc.
9.16.110 Use of words “coin silver”, etc.
9.16.120 Use of word “sterling” on mounting.
9.16.130 Use of the words “coin silver” on mounting.
9.16.140 Unlawfully marking articles made of gold.
9.16.150 “Marked, stamped or branded”, defined.
[Ord. 73 § 61, 1996]
9.10.620 Trespass and prowling.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9A.52.010 Definitions.
9A.52.060 Making or having burglar tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass – Defenses.
9A.52.100 Vehicle prowling in the second degree; provided, that motor home shall also be covered by this provision.
9A.52.120 Computer trespass in the second degree.
9A.52.130 Computer trespass – Commission of other crime.
[Ord. 73 § 62, 1996]
9.10.630 Unlawful use of air, potato or paintball guns – Penalty.
A. Any person who points or shoots an air, potato or paintball gun at any person or property of another, or who aims or discharges such weapon in the direction of the person or residence of another, while within such range as to cause or inflict injury to the person or damage the property of another, is guilty of a misdemeanor and, in addition to any other punishment imposed, the court shall order the weapon to be confiscated, and disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found weapons.
B. “Air gun” means any air gun, air pistol, air rifle, BB gun and toy or other guns designed or modified and used to propel, by compressed air or spring-loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB, rock or other hard substances a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals.
C. “Potato gun” means any gun, pistol, rifle, or toy designed or modified and used to propel, by compressed air or spring-loaded plunger, any potato a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals.
D. “Paintball gun” means any gun, pistol, rifle, or toy designed or modified and used to propel, by compressed air or spring-loaded plunger, paint a distance of more than 25 feet with sufficient force to break windows or inflict injury upon persons or animals. [Ord. 73 § 63, 1996]
9.10.640 Urinating in public.
Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. [Ord. 73 § 64, 1996]
9.10.650 Vehicles resembling police or fire vehicles.
Any person who operates a motor vehicle painted and exhibiting decals, numbers, name or insignia which simulate a city or county police or fire department vehicle, or city vehicle, without prior authorization from the police chief, fire chief, city manager, or their designees is guilty of a misdemeanor. [Ord. 73 § 65, 1996]
9.10.660 Violating right of privacy.
The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:
RCW
9.73.010 Divulging telegram.
9.73.020 Opening sealed letter.
9.73.030 Intercepting, recording or divulging private communication – Consent required – Exceptions.
9.73.070 Same – Persons and activities excepted.
9.73.090 Police and fire personnel exempted from RCW 9.73.030 –9.73.080 – Standards.
9.73.100 Recordings available to defense counsel.
[Ord. 73 § 66, 1996]
9.10.670 Violation of court ordered probation.
The following provisions of the King County Code as presently constituted or hereinafter amended are adopted by reference:
KCC
12.150.010 Definitions.
12.150.020 Arrest without warrant.
[Ord. 73 § 67, 1996]
9.10.680 Construction.
Any references to “county” or to “King County” in the King County Code provisions adopted by reference herein shall be construed to mean the “city of Shoreline” for purposes of this criminal code unless the context clearly requires otherwise. [Ord. 73 § 68, 1996]
9.10.690 Copies to be available.
A copy of each portion of the Revised Code of Washington and the King County Code adopted by reference shall be authenticated and recorded by the city clerk and not less than one copy thereof shall be available in the office of the city clerk for use and examination by the public. [Ord. 73 § 71, 1996]
9.10.700 Certified copies to be furnished to court.
The city clerk is directed to provide at city expense to the court administrators of the Shoreline and Seattle divisions of the King County district court adequate numbers of certified copies of this chapter to permit enforcement of this chapter. [Ord. 73 § 72, 1996]