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Chapter 10.07
Offenses Against Governmental OperationSections:
10.07.010 False Alarm – Prohibited.
10.07.011 Definitions.
10.07.012 Alarm System Registration.
10.07.013 Automatic Calling Device Prohibited.
10.07.014 Penalties.
10.07.015 Enforcement.
10.07.016 Verification Process.
10.07.017 False Fire Alarms.
10.07.020 Making a False or Misleading Statement to a Public Servant – False Reporting.
10.07.021 Criminal Impersonation.
10.07.030 Theft of Identity.
10.07.031 Definitions.
10.07.032 Obstructing a Law Enforcement Officer.
10.07.033 Refusing to Summon Aid for a Peace Officer.
10.07.034 Resisting Arrest.
10.07.035 Rendering Criminal Assistance – Definition of Term.
10.07.036 “Relative” Defined.
10.07.037 Rendering Criminal Assistance in the First Degree.
10.07.038 Rendering Criminal Assistance in the Second Degree.
10.07.039 Rendering Criminal Assistance in the Third Degree.
10.07.040 Reporting Injuries.
10.07.070 Interference with Police Animal.
10.07.080 Escape in the Third Degree.
10.07.090 Jury Tampering.
10.07.095 Tampering with Physical Evidence.
10.07.100 Malicious Prosecution.
10.07.110 Punishment for Contempt.
10.07.115 Punitive Sanctions – Fines.
10.07.120 False Report.
10.07.122 False Swearing.
10.07.123 Perjury and False Swearing – Inconsistent Statements – Degree of Crime.
10.07.124 Perjury and False Swearing – Retraction.
10.07.125 Perjury and False Swearing – Irregularities No Defense.
10.07.128 False Certification.
10.07.130 Public Officer Making False Certificate.
10.07.132 Official Misconduct.
10.07.134 Failure of Duty by Public Officer a Misdemeanor.
10.07.136 Falsely Auditing and Paying Claims.
10.07.140 Unlawful Discharge of Laser – Definitions.
10.07.142 Unlawful Discharge of Laser.
10.07.144 Unlawful Discharge of Laser by a Juvenile.
10.07.010 False Alarm – Prohibited.
A. No person may willfully tamper with, damage, or interfere with any wire, switch, telephone, radio, or other equipment or apparatus of any public or private alarm system.
B. No person may willfully and without reasonable grounds give or send any false alarm of fire or other emergency, including shouting in a public place.
C. No person may intentionally activate any alarm system, for the purpose of summoning emergency response personnel, except in the event of an actual or attempted criminal activity or other actual emergency necessitating emergency response personnel response, and no person notifying emergency response services of an activated alarm and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system may fail at the same time to notify the emergency response personnel of such apparent malfunction.
D. No alarm system user may cause or allow more than two false alarms to occur within any one-year period. This one-year period shall commence from the date of the first false alarm incurred by the alarm system user and continue for a twelve-month period thereafter.
E. No person may provide alarm system monitoring service to the user of an automatic alarm system without maintaining a verification process as provided in SMC 10.07.016.
F. A violation of subsections (A) through (C) of this section, inclusive, is a misdemeanor; a violation of subsections (D) or (E) of this section is a civil infraction.
[Ord. C32073 § 1; Passed: 1/12/1998]
10.07.011 Definitions.
A. “Alarm system” means any assembly of equipment, mechanical or electrical, designed to alert law enforcement agencies, emergency response personnel, the public, or any person of the commission or attempted commission of a crime or of an emergency. “Alarm system” includes, but is not limited to, burglary, robbery, fire, emergency panic, or traffic control alarms whether on public or private premises.
B. “Alarm system monitoring personnel” means any person that engages in the business of monitoring emergency alarm systems and reporting any activation of such alarm systems to the appropriate public safety agency.
C. “Alarm system user” means the person who owns or has control over any premises where an alarm system is maintained. An alarm system user is regarded as the person requesting activation of the emergency alarm response and who is responsible for corrective action under this chapter1 as a result of a false alarm.
D. “Authorized service personnel” means those persons who, by reason of their experience, trade, or occupation, can demonstrate to the chief of police that they are qualified to inspect or repair alarm systems.
E. “Emergency response personnel” means law enforcement, fire fighting or emergency dispatch personnel, or any other person or entity responsible for responding to an alarm system.
F. “False alarm” means the willful, intentional or unintentional activation of any alarm system for the purpose of summoning the police or fire department or other emergency response personnel at a time when there is no evidence of criminal activity having been committed or attempted on the premises, or no fire or other emergency exists. False alarm also includes an alarm activated due to an equipment malfunction, improper installation or maintenance of equipment, human error or negligence, or any cause other than the actual commission or attempted commission of a criminal act.
G. “Nonresponse order” means an order given by the police chief or his/her designate directing the police department not to designate a response to an alarm when false alarms generated from that alarm system have exceeded the number permitted under this chapter.
H. “Premises” means any building, structure, enclosure, real property, or vehicle.
I. “Verification process” means an independent method of determining that a signal from an automatic alarm system reflects a need for immediate police assistance or investigation. The verification process must be conducted by the alarm system monitoring personnel and may not take more than five minutes, calculated from the time the alarm signal has been accepted by the alarm system monitoring personnel until a decision is made whether to call for a police dispatch.
[Ord. C32073 § 2; Passed: 1/12/1998]
10.07.012 Alarm System Registration.
A. No person may have or maintain on any premises, except a vehicle, an alarm system unless the alarm system user has registered the alarm system with the police department. A separate registration is required for each alarm site. The police department shall be authorized to charge a nominal registration fee as set forth by the department’s rules and regulations under SMC 10.07.015(A). The information on the registration will be available to notify the emergency dispatching offices of the names and telephone numbers of the alarm system user and of the individuals authorized to enter such premises and turn off the alarm.
B. If the alarm system user has the premises monitored by an alarm system monitoring personnel, the name, contact person and twenty-four-hour telephone number of the personnel shall be listed on the registration form.
C. The individual or individuals authorized to enter the premises and to turn off the alarm will be responsible to respond at all times to the police or fire department’s request to come to the premises and turn off the alarm system within a reasonable time after being notified. Failure to respond in a timely and reasonable fashion to deactivate the alarm will be grounds for nonresponse.
[Ord. C32073 § 3; Passed: 1/12/1998]
10.07.013 Automatic Calling Device Prohibited.
No person may use or operate, or attempt to use or operate, or cause to be used or operated, or arrange, adjust, program, or otherwise provide or install any device or combination of devices that will upon activation, either mechanically, electronically, or by any other automatic means, initiate a telephonic or recorded message to the 9-1-1 emergency telephone number, or to any telephone number assigned or any additional telephone numbers assigned to the city police or fire department.
[Ord. C31588; Passed: 3/25/1996]
10.07.014 Penalties.
A. Criminal Penalty. A violation of SMC 10.07.010(A) through (C), inclusive, is a misdemeanor.
B. First Response. Upon the first two false alarms from an alarm system, the police department shall send a notice to the alarm system user informing the user of the time and location of the false alarm, the nature of the response and the requirements of this chapter.1
C. Civil Infraction.
1. Each false alarm after the first two from the same alarm system within a one-year period is a civil infraction and subjects the alarm system user to the penalty provided in SMC 1.05.160.
2. The failure of an alarm system monitoring company to comply with the requirements of the verification process is a civil infraction and subjects the company to the penalty provided in SMC 1.05.170.
D. Seventh Violation. Upon the seventh false alarm from the same alarm system within a one-year period the chief of police may impose a nonresponse order directing the department not to designate a response to that location, except that a nonresponse order is not imposed against premises required by law to have an alarm system.
[Ord. C32073; Passed: 1/12/1998]
10.07.015 Enforcement.
A. Rules and Regulations. The chief of police administers and enforces the provision of this chapter.1 This chief is authorized to make and enforce such rules and regulations as are necessary to implement this chapter.
B. Nonresponse.
1. Notice is given to the alarm system user at least forty-eight hours prior to issuance of a nonresponse order if the name of the alarm system user has been furnished to the department. Failure to furnish the name, address and phone number of the alarm system user constitutes a waiver of this notice provision.
2. The alarm system user may petition the chief to reinstate police response to an alarm. The chief rescinds the nonresponse order if the alarm system user satisfactorily demonstrates that the cause of the previous false alarms has been corrected. In determining whether to rescind a nonresponse order the chief uses criteria set forth in the rules and regulations made pursuant to subsection (A) of this section.
3. When a nonresponse order has been rescinded, the alarm system will be on probationary status for a period of time not to exceed one year. If the repeated instances of false alarms continue during the probationary period, the nonresponse order may be reinstated.
C. Additional Information.
1. On the first false alarm, the department may require the alarm system user to provide information to the department regarding the cause of the false alarm, whether any corrective action has been taken and whether the system has been inspected or repaired by authorized service personnel.
2. Upon the third false alarm, the alarm system user will be given the option of receiving a class three infraction or attending a false alarm prevention training course taught by representatives of the police department. Where the alarm is installed in a commercial establishment, the owner or manager will be the person who will attend the training course in order to qualify for the waiver of the infraction.
[Ord. C32073 § 5; Passed: 1/12/1998]
10.07.016 Verification Process.
All alarm system monitoring personnel engaging in business activities in the city must maintain:
A. accessible to the police department at all times, a current list of all subscribers’ names, addresses and telephone numbers and the associated protected premises, and
B. a verification process with those subscribers who have an automatic alarm system to prevent false alarms from resulting in unnecessary emergency dispatch.
[Ord. C31588; Passed: 3/25/1996]
10.07.017 False Fire Alarms.
Nothing in this chapter restricts the authority of the City to enact additional ordinances, rules, or regulations relating to enforcement of false fire alarms and to impose civil infractions and/or fees to reimburse the fire department for its expenses as authorized by the fire code.
[Ord. C31588; Passed: 3/25/1996]
10.07.020 Making a False or Misleading Statement to a Public Servant – False Reporting.
A. A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. “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. (RCW 9A.76.175)
1. 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 of 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.
2. False reporting is a gross misdemeanor. (RCW 9A.84.040)
[Ord. C32021 § 16; Passed: 11/10/1997]
10.07.021 Criminal Impersonation.
A. No person may with intent to defraud another or for any other unlawful purpose:
1. assume a false identity and do an act in his assumed character, or
2. pretend to be a representative of some person or organization or public servant and do an act in his pretended capacity.
B. The penalty for violation of this section is a fine not to exceed five thousand dollars, or imprisonment for not more than one year, or both such fine and imprisonment.
[Ord. C28629; Passed: 2/23/1987]
Cross Reference: RCW 9A.60.040.
10.07.030 Theft of Identity.
A. It is unlawful for any person to knowingly use a means of identification of another person to solicit undesired mail with the intent to annoy, harass, intimidate, torment, or embarrass that person.
B. For purposes of this section, “means of identification” has the meaning provided in RCW 9.35.020.
C. Violation of this section is a misdemeanor.
D. Additionally, a person who violates this section is liable for civil damages of five hundred dollars or actual damages, including costs to repair the person’s credit record, whichever is greater, and reasonable attorneys’ fees as determined by the court.
[Ord. C32706; Passed: 9/5/2000]
10.07.031 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
A. “Custody” means restraint pursuant to a lawful arrest or an order of a court, or any period of service on a work crew; provided, that custody pursuant to RCW chapters 13.32A and 13.34 and RCW 74.13.020 and 74.13.031 shall not be deemed custody for purposes of this chapter;
B. “Detention facility” means any place used for the confinement of a person:
1. arrested for, charged with or convicted of an offense, or
2. charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020 as now existing or hereafter amended, or
3. held for extradition or as a material witness, or
4. otherwise confined pursuant to an order of a court, except an order under RCW chapter 13.32A or 13.34, or
5. in any work release, furlough, or other such facility or program;
C. “Contraband” means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation, or order of a court.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.76.010.
10.07.032 Obstructing a Law Enforcement Officer.
A. A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.
B. “Law enforcement officer” means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.
C. Obstructing a law enforcement officer is a gross misdemeanor.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.76.020.
10.07.033 Refusing to Summon Aid for a Peace Officer.
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 misdemeanor.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.76.030.
10.07.034 Resisting Arrest.
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 misdemeanor.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.76.040.
10.07.035 Rendering Criminal Assistance – Definition of Term.
As used in SMC 10.07.037, 10.07.038 and 10.07.039, a person “renders criminal assistance” if, with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he knows has committed a crime or juvenile offense or is being sought by law enforcement officials for the commission of a crime or juvenile offense or has escaped from a detention facility, he:
A. harbors or conceals such person; or
B. warns such person of impending discovery or apprehension; or
C. provides such person with money, transportation, disguise, or other means of avoiding discovery or apprehension; or
D. prevents or obstructs, by use of force, deception, or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or
E. conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person; or
F. provides such person with a weapon.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.76.050.
10.07.036 “Relative” Defined.
As used in SMC 10.07.037 and 10.07.038 “relative” means a person:
A. who is related as husband or wife, brother or sister, parent or grandparent, child or grandchild, stepchild or stepparent to the person to whom criminal assistance is rendered; and
B. who does not render criminal assistance to another person in one or more of the means defined in SMC 10.07.035(D), (E), or (F).
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.76.060.
10.07.037 Rendering Criminal Assistance in the First Degree.
A. A person is guilty of rendering criminal assistance in the first degree if he renders criminal assistance to a person who has committed or is being sought for murder in the first degree or any class A felony or equivalent juvenile offense.
B. Rendering criminal assistance in the first degree is:
1. a gross misdemeanor if it is established by a preponderance of the evidence that the actor is a “relative” as defined in SMC 10.07.036 or RCW 9A.76.060;
2. a class C felony in all other cases.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.76.070.
10.07.038 Rendering Criminal Assistance in the Second Degree.
A. A person is guilty of rendering criminal assistance in the second degree if he renders criminal assistance to a person who has committed or is being sought for a class B or class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation, or community supervision.
B. Rendering criminal assistance in the second degree is:
1. a misdemeanor if it is established by a preponderance of the evidence that the actor is a “relative” as defined in SMC 10.07.036 or RCW 9A.76.060;
2. a gross misdemeanor in all other cases.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.76.080.
10.07.039 Rendering Criminal Assistance in the Third Degree.
A. A person is guilty of rendering criminal assistance in the third degree if he renders criminal assistance to a person who has committed a gross misdemeanor or misdemeanor.
B. Rendering criminal assistance in the third degree is a misdemeanor.
[Ord. C31792; Passed: 12/2/1996]
Cross Reference: RCW 9A.76.090.
10.07.040 Reporting Injuries.
Every person operating or in charge of a pharmacy or hospital, clinic or other medical treatment facility, and every practitioner of the healing arts is required to report immediately to the police department each instance of a person suffering wound or injury apparently inflicted by a dangerous weapon or firearm.
[Ord. C28629; Passed: 2/23/1987]
10.07.070 Interference with Police Animal.
No person may knowingly grab, harass, strike, injure, attempt to injure, hold the harness or saddle of, or interfere with a horse or other animal being used by a police officer for police work or being used in the performance of a police duty or function.
[Ord. C28629; Passed: 2/23/1987]
10.07.080 Escape in the Third Degree.
A. A person is guilty of escape in the third degree if he escapes from custody. “Custody” means restraint pursuant to a lawful arrest or an order of a court, or any period of service on a work crew; provided, that custody pursuant to RCW chapters 13.32A and 13.34 and RCW 74.13.020 and 74.13.031 shall not be deemed custody for purposes of this chapter.
B. Escape in the third degree is a gross misdemeanor. (RCW 9A.76.010, 130)
[Ord. C32021 § 17; Passed: 11/10/1997]
10.07.090 Jury Tampering.
A. A person is guilty of jury tampering if with intent to influence a juror’s vote, opinion, decision, or other official action in a case, he attempts to communicate directly or indirectly with a juror other than as part of the proceedings in the trial of the case.
B. Jury tampering is a gross misdemeanor. (RCW 9A.72.140)
[Ord. C32021 § 18; Passed: 11/10/1997]
10.07.095 Tampering with Physical Evidence.
A. A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted and acting without legal right or authority, he:
1. destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its appearance, character, or availability in such pending or prospective official proceeding; or
2. knowingly presents or offers any false physical evidence.
B. “Physical evidence” as used in this section includes any article, object, document, record, or other thing of physical substance.
C. Tampering with physical evidence is a gross misdemeanor. (RCW 9A.72.150)
[Ord. C32021 § 19; Passed: 11/10/1997]
10.07.100 Malicious Prosecution.
Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he or she is innocent:
A. If such crime be a felony, shall be punished by imprisonment in a state correctional facility for not more than five years; and
B. If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor. (RCW 9.62.010)
[Ord. C32021 § 20; Passed: 11/10/1997]
10.07.110 Punishment for Contempt.
A criminal act which at the same time constitutes contempt of court, and has been punished as such, may also be punished as a crime, but in such case the punishment for contempt may be considered in mitigation. (RCW 9.92.040)
[Ord. C32021 § 21; Passed: 11/10/1997]
Cross Reference: Contempt: RCW ch. 7.21, RCW 7.21.040 Punitive sanctions – Fines.
10.07.115 Punitive Sanctions – Fines.
A. Except as otherwise provided in RCW 7.21.050, a punitive sanction for contempt of court may be imposed only pursuant to this section.
1. An action to impose a punitive sanction for contempt of court shall be commenced by a complaint or information filed by the prosecuting attorney or city attorney charging a person with contempt of court and reciting the punitive sanction sought to be imposed.
2. If there is probable cause to believe that a contempt has been committed, the prosecuting attorney or city attorney may file the information or complaint on his or her own initiative or at the request of a person aggrieved by the contempt.
3. A request that the prosecuting attorney or the city attorney commence an action under this section may be made by a judge presiding in an action or proceeding to which a contempt relates. If required for the administration of justice, the judge making the request may appoint a special counsel to prosecute an action to impose a punitive sanction for contempt of court. A judge making a request pursuant to this subsection shall be disqualified from presiding at the trial.
4. If the alleged contempt involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial of the contempt unless the person charged consents to the judge presiding at the trial.
B. The court may hold a hearing on a motion for a remedial sanction jointly with a trial on an information or complaint seeking a punitive sanction.
C. A punitive sanction may be imposed for past conduct that was a contempt of court even though similar present conduct is a continuing contempt of court.
D. If the defendant is found guilty of contempt of court under this section, the court may impose for each separate contempt of court a fine of not more than five thousand dollars or imprisonment in the county jail for not more than one year, or both. (RCW 7.21.040)
[Ord. C32021 § 22; Passed: 11/10/1997]
10.07.120 False Report.
Every public officer who shall knowingly make any false or misleading statement in any official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor. (RCW 42.20.040)
[Ord. C32021 § 23; Passed: 11/10/1997]
10.07.122 False Swearing.
A. A person is guilty of false swearing if he makes a false statement, which he knows to be false, under an oath required or authorized by law.
B. False swearing is a gross misdemeanor. (RCW 9A.72.040)
[Ord. C32021 § 24; Passed: 11/10/1997]
10.07.123 Perjury and False Swearing – Inconsistent Statements – Degree of Crime.
A. Where, in the course of one or more official proceedings, a person makes inconsistent material statements under oath, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and known by the defendant to be false. In such case it shall not be necessary for the prosecution to prove which material statement was false but only that one or the other was false and known by the defendant to be false.
B. The highest offense of which a person may be convicted in such an instance as set forth in subsection (A) of this section shall be determined by hypothetically assuming each statement to be false. If perjury of different degrees would be established by the making of the two statements, the person may only be convicted of the lesser degree. If perjury or false swearing would be established by the making of the two statements, the person may only be convicted of false swearing. For purposes of this section, no corroboration shall be required of either inconsistent statement. (RCW 9A.72.050)
[Ord. C32021 § 25; Passed: 11/10/1997]
10.07.124 Perjury and False Swearing – Retraction.
No person shall be convicted of perjury or false swearing if he retracts his false statement in the course of the same proceeding in which it was made, if in fact he does so before it becomes manifest that the falsification is or will be exposed and before the falsification substantially affects the proceeding. Statements made in separate hearings at separate stages of the same trial, administrative, or other official proceeding shall be treated as if made in the course of the same proceeding. (RCW 9A.72.060)
[Ord. C32021 § 26; Passed: 11/10/1997]
10.07.125 Perjury and False Swearing – Irregularities No Defense.
It is no defense to a prosecution for perjury or false swearing:
A. That the oath was administered or taken in an irregular manner; or
B. That the person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law. (RCW 9A.72.070)
[Ord. C32021 § 27; Passed: 11/10/1997]
10.07.128 False Certification.
A. A person is guilty of false certification, if, being an officer authorized to take a proof or acknowledgment of an instrument which by law may be recorded, he knowingly certifies falsely that the execution of such instrument was acknowledged by any party thereto or that the execution thereof was proved.
B. False certification is a gross misdemeanor. (RCW 9A.60.050)
[Ord. C32021 § 29; Passed: 11/10/1997]
10.07.130 Public Officer Making False Certificate.
Every public officer who, being authorized by law to make or give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing containing any statement which he knows to be false, in a case where the punishment thereof is not expressly prescribed by law, shall be guilty of a gross misdemeanor. (RCW 42.20.050)
[Ord. C32021 § 30; Passed: 11/10/1997]
10.07.132 Official Misconduct.
A. A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:
1. He intentionally commits an unauthorized act under color of law; or
2. He intentionally refrains from performing a duty imposed upon him by law.
B. Official misconduct is a gross misdemeanor. (RCW 9A.80.010)
[Ord. C32021 § 31; Passed: 11/10/1997]
10.07.134 Failure of Duty by Public Officer a Misdemeanor.
Whenever any duty is enjoined by law upon any public officer or other person holding any public trust or employment, their willful neglect to perform such duty, except where otherwise specially provided for, shall be a misdemeanor. (RCW 42.20.100)
[Ord. C32021 § 32; Passed: 11/10/1997]
10.07.136 Falsely Auditing and Paying Claims.
Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part of whose duty it is to audit, allow or pay, or take part in auditing, allowing or paying, claims or demands upon the state or such county, town or city, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment of any claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty of a gross misdemeanor. (RCW 42.20.060)
[Ord. C32021 § 33; Passed: 11/10/1997]
10.07.140 Unlawful Discharge of Laser – Definitions.
A. “Aircraft” means any contrivance known or hereafter invented, used, or designed for navigation of or flight in air.
B. “Laser” means any device designed or used to amplify electromagnetic radiation by stimulated emission which is visible to the human eye.
C. “Laser sighting system or device” means any system or device which is integrated with or affixed to a firearm and which emits a laser light beam that is used by the shooter to assist in the sight alignment of that firearm.
[Ord. C32488 § 15; Passed: 9/13/1999]
10.07.142 Unlawful Discharge of Laser.
A. A person is guilty of unlawful discharge of a laser in the second degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to unlawful discharge of a laser in the first degree or malicious mischief in the first or second degree:
1. at a:
a. law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties, causing an impairment of the safety or operation of a law enforcement vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the officer or employee; or
b. pilot, causing an impairment of the safety or operation of an aircraft or causing an interruption or impairment of service rendered to the public by negatively affecting the pilot; or
c. fire fighter or other employee of a fire department, county fire marshal’s office, county fire prevention bureau, or fire protection district who is performing his or her official duties, causing an impairment of the safety or operation of an emergency vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the fire fighter or employee; or
d. transit operator or driver of a public or private transit company while that person is performing his or her official duties, causing an impairment of the safety or operation of a transit vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the operator or driver; or
e. school bus driver employed by a school district or private company while the driver is performing his or her official duties, causing an impairment of the safety or operation of a school bus or causing an interruption or impairment of service by negatively affecting the bus driver;
causing a substantial risk of an impairment or interruption as described in subsections (A)(1)(a) through (A)(1)(e) of this section; or
2. at a person:
a. not described in subsections (A)(1)(a) through (A)(1)(e) of this section; or
b. not a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties in uniform or exhibiting evidence of his or her authority, and in a manner that would support that officer’s or employee’s reasonable belief that he or she is targeted with a laser sighting device or system;
c. who is operating a motor vehicle at the time, causing an impairment of the safety or operation of a motor vehicle by negatively affecting the driver; or
3. at a person in order to intimidate or threaten that person.
B. Except as provided in SMC 10.07.144, unlawful discharge of a laser in the second degree is a gross misdemeanor.
[Ord. C32488 § 16; Passed: 9/13/1999]
10.07.144 Unlawful Discharge of Laser by a Juvenile.
Unlawful discharge of a laser in the second degree is a civil infraction if committed by a juvenile who has not before committed unlawful discharge of a laser in either the first or second degree. The monetary penalty imposed upon a juvenile may not exceed one hundred dollars.
[Ord. C32488 § 17; Passed: 9/13/1999]
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