Chapter 10.01
General Provisions

Sections:

10.01.010 Short Title.

10.01.020 Savings.

10.01.030 Construction.

10.01.040 Severability.

10.01.050 Liability for Conduct of Another – Complicity – Aiding and Abetting.

10.01.060 Attempt.

10.01.070 Landowners.

10.01.080 Principals and Agents.

10.01.090 Defenses – Duress.

10.01.100 Arrest without Warrant.

10.01.010 Short Title.

Division I of this title, SMC chapters 10.01 through 10.20, constitute the penal code of the City and may be cited as such.

[Ord. C25103 § 6.01.010]

10.01.020 Savings.

This title is not intended to apply to or affect any rights, liabilities, or proceedings existing under prior law at the time this penal code takes effect. Any violation of prior law may be prosecuted under such prior law as if this title had not been ordained.

[Ord. C25103 §§ 6.01.020, 6.01.040]

10.01.030 Construction.

This penal code is cumulative and selective and does not imply the repeal of any other ordinance dealing with any subject matter treated herein.

[Ord. C25103 § 6.01.030]

10.01.040 Severability.

Should any provision of this part or its application to any person or circumstance be held invalid, the remainder of the part or the application of the provision to other persons or circumstances is not affected.

[Ord. C25103 § 6.01.030]

10.01.050 Liability for Conduct of Another – Complicity – Aiding and Abetting.

A.  A person is liable for a violation of this code if the violation is committed by the conduct of another person for which the person is legally accountable.

B.  A person is legally accountable for the conduct of another when:

1.   acting with the kind of culpability that is sufficient for the commission of the violation, the person causes an innocent or irresponsible person to engage in such conduct; or

2.   the person is made accountable for the conduct of such other person by this title or by the law defining the violation; or

3.   the person is an accomplice in the commission of the violation.

C.  A person is an accomplice in the commission of the violation if:

1.   With knowledge that it will promote or facilitate the commission of the violation the person:

a.   solicits, commands, encourages, or requests such other person to commit the violation, or

b.   aids or agree to aid such other person in planning or committing the violation; or

2.   His conduct is expressly declared by law to establish complicity.

D.  A person who is legally incapable of committing a particular violation may be liable therefor if it be committed by the conduct of another person for which the person is legally accountable, unless liability is inconsistent with the purpose of the provision establishing incapacity.

E.  Unless otherwise provided by law, a person is not an accomplice in a violation committed by another person if:

1.   He is a victim of that violation; or

2.   He terminates his complicity prior to the commission of the violation, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the violation.

F.  A person legally accountable for the conduct of another person may be found liable on proof of the commission of the violation and of his complicity therein, though the person claimed to have committed the violation has not been prosecuted or found liable, or has been found liable for a different violation or degree of violation, or has an immunity to prosecution or liability, or has been acquitted.

[Ord. C28629; Passed: 2/23/1987]

Cross Reference: RCW 9A.08.020.

10.01.060 Attempt.

A.  A person who, with intent to violate a specific provision of this code, does an act which is a substantial step toward violation is liable for a violation of this code.

B.  If the conduct in which a person engages otherwise constitutes an attempt to commit a violation, it is no defense to a prosecution of such attempt that the violation charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission.

C.  Any attempt is a lesser included or included offense of the violation intended.

[Ord. C28629; Passed: 2/23/1987]

Cross Reference: RCW 9A.28.020.

10.01.070 Landowners.

Each owner, occupant, or person having the right of possession or control of real property is responsible for the condition of the premises and is liable for creating, maintaining, or failing to abate any nuisance or any unlawful condition or activity.

[Ord. C2084 §§ 6, 7]

10.01.080 Principals and Agents.

A.  Any person acting as agent or servant is personally and directly liable for his or her acts or omissions in violation of this code as if acting on his or her own behalf.

B.  Any principal or master, including corporations, partnerships, associations and other legal persons, is liable for acts or omissions in violation of this code of an agent or servant done within the scope of the actor’s agency or employment or on behalf of the principal or master.

[Ord. C25103 § 6.02.100]

Cross Reference: RCW 9A.08.020, 9A.08.030.

10.01.090 Defenses – Duress.

A.  In any prosecution for a crime, it is a defense that:

1.   The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or she or another would be liable to immediate death or immediate grievous bodily injury; and

2.   Such apprehension was reasonable upon the part of the actor; and

3.   The actor would not have participated in the crime except for the duress involved.

B.  The defense of duress is not available if the crime charged is murder, manslaughter, or homicide by abuse.

C.  The defense of duress is not available if the actor intentionally or recklessly places himself or herself in a situation in which it is probable that he or she will be subject to duress.

D.  The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse.

[Ord. C32488 § 24; Passed: 9/13/1999]

10.01.100 Arrest without Warrant.

A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (A) through (J) of this section.

A.  Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, or the equivalent provisions of this title, shall have the authority to arrest the person.

B.  A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

1.   An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.44.063, RCW chapter 26.26 or 26.50 restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or

2.   A foreign protection order, as defined in section 3 of chapter 184, Laws of 1999 (RCW 26.52.020)1, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime; or

3.   The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes:

a.   A felonious assault has occurred;

b.   An assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or

c.   That any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. “Bodily injury” means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:

i.  the intent to protect victims of domestic violence under RCW 10.99.010;

ii. the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and

iii. the history of domestic violence between the persons involved.

C.  Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

1.   RCW 46.52.010, or the equivalent provisions of SMC title 16, relating to duty on striking an unattended car or other property;

2.   RCW 46.52.020, or the equivalent provisions of SMC title 16, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

3.   RCW 46.61.500 or 46.61.530, or the equivalent provisions of SMC title 16, relating to reckless driving or racing of vehicles;

4.   RCW 46.61.502 or 46.61.504, or the equivalent provisions of SMC title 16, relating to persons under the influence of intoxicating liquor or drugs;

5.   RCW 46.20.342, or the equivalent provisions of SMC title 16, relating to driving a motor vehicle while operator’s license is suspended or revoked;

6.   RCW 46.61.5249, or the equivalent provisions of SMC title 16, relating to operating a motor vehicle in a negligent manner.

D.  A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

E.  Reserved.

F.  An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the State of Washington.

G.  Reserved.

H.  A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under RCW chapter 10.14 and the person has violated the terms of that order.

I.  Reserved.

J.  Reserved.

K.  Except as specifically provided in subsections (B), (C), (D) and (F) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in RCW title 46.

L.  No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100(2) or (8), or the equivalent provisions of this title, if the police officer acts in good faith and without malice.

[Ord. C32488 § 9; Passed: 9/13/1999]

Cross Reference: RCW 10.31.100.