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Title 9
CRIMINAL CODEChapters:
9.03 Criminal Code
9.06 Vehicle Impoundment upon Arrest of Driver for Driving While License
Suspended or RevokedChapter 9.03
CRIMINAL CODESections:
9.03.010 General provisions.
9.03.020 Alcoholic beverages.
9.03.030 Crimes relating to children and minors.
9.03.040 Contributing to the delinquency of a minor.
9.03.050 Leaving unattended children in parked or standing vehicles.
9.03.060 Controlled substances, paraphernalia, poisons and toxic fumes.
9.03.070 Drug paraphernalia definitions.
9.03.080 Possession of drug paraphernalia prohibited.
9.03.090 Crimes relating to fire.
9.03.100 Firearms and dangerous weapons.
9.03.110 Weapons prohibited on liquor sale premises.
9.03.120 Frauds, swindles and false representations.
9.03.130 Crimes relating to persons.
9.03.140 Placing a person in fear or apprehension by threat.
9.03.150 Crimes relating to property.
9.03.160 Crimes relating to public morals.
9.03.162 Lewd conduct.
9.03.170 Crimes relating to public officers.
9.03.180 Obstructing public officers.
9.03.190 Public officer defined.
9.03.200 Crimes relating to public peace.
9.03.210 Miscellaneous crimes.
9.03.220 Throwing objects at moving vehicles.
9.03.010 General provisions.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
7.21.010 Definitions
7.21.020 Sanctions – Who may impose
7.21.030 Remedial sanctions – Payment for losses
7.21.040 Punitive sanctions – Fines
7.21.050 Sanctions – Summary imposition – Fines
7.21.060 Administrative actions or proceedings – Petition to court for imposition of sanctions
7.21.070 Appellant review
9.01.055 Citizen immunity if aiding officer
9.01.110 Omission, when not punishable
9.01.130 Sending letter, when complete
9A.04.010 General requirements of culpability
9A.04.020 Purposes – Principles of construction
9A.04.040 Classes of crime
9A.04.050 People capable of committing crimes – Capability 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 the code
9A.04.100 Proof beyond a reasonable doubt
9A.04.110 Definitions
9A.08.020 Liability of conduct of another – Complicity
9A.08.030 Criminal liability of corporations and persons acting under a duty to act in their behalf
9A.12.010 Insanity
9A.16.010 Definition
9A.16.020 Use of force – When lawful
9A.16.060 Duress
9A.16.070 Entrapment
9A.16.088 Action for being detained on mercantile establishment of premises for investigation – “Reasonable grounds” as defense
9A.16.090 Intoxication
9A.16.100 Use of force on children
9A.20.021 Gross misdemeanor and misdemeanor penalties
9A.28.020 Criminal attempt
9A.28.030 Criminal solicitation
9A.28.040
(1), (2), (3)(e) Criminal conspiracy
(Ord. 72 § 1, 1993)
9.03.020 Alcoholic beverages.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
66.04.010 Definitions
66.20.200 Unlawful acts relating to card of identification and certification card
66.20.210 Licensee’s immunity to prosecution or suit – Certification card
66.28.080 Permit for music and dancing upon licensed premises
66.28.090 Licensed premises open to inspection – Failure to allow
66.44.010 Local officers to enforce law – Authority of board – Liquor enforcement officers
66.44.040 Sufficiency of description of offenses in complaints, information, process, etc.
66.44.050 Description of offense in words of statutes – Proof required
66.44.060 Proof of unlawful sale establishes prima facie intent
66.44.070 Certified analysis is prima facie evidence of alcoholic content
66.44.080 Service of process on corporation
66.44.090 Acting without license
66.44.100 Opening or consuming liquor in public place – Penalty
66.44.120 Unlawful use of seal
66.44.130 Sale of liquor by drink or bottle
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash
66.44.150 Buying liquor illegally
66.44.160 Illegal possession, transportation of alcoholic beverages
66.44.170 Illegal possession of liquor with intent to sell – Prima facie evidence
66.44.175 Violations of law
66.44.180 General penalties – Jurisdiction for violation
66.44.200 Sales to persons apparently under the influence of liquor
66.44.210 Obtaining liquor for ineligible person
66.44.240 Drinking in public conveyance – Penalty against carrier
66.44.250 Same – Penalty against individual
66.44.270 Furnishing liquor to persons underage
66.44.280 Minor applying for permit
66.44.290 Minor purchasing liquor
66.44.291 Penalty for minor purchasing or attempting to purchase liquor
66.44.300 Treating minor, etc., in public place where liquor sold
66.44.310 Minor frequenting tavern or cocktail lounge, misrepresentation of age
66.44.320 Sales of liquor to minors a violation
66.44.325 Unlawful transfer to a minor of an identification card
66.44.328 Unlawful to transfer to a minor of a forged, altered, etc., identification card
66.44.340 Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees
66.44.350 Employees 18 year and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees
66.44.365 Driving privileges revoked
66.44.370 Resisting or opposing officers in enforcement of title
(Ord. 72 § 2, 1993)
9.03.030 Crimes relating to children and minors.
The following State statutes, including all future amendments, additions, or deletions are adopted by reference:
RCW
9.68A.090 Communicating with a minor for immoral purposes
9.91.060 Leaving children unattended in parked automobile
9A.44.096 Sexual misconduct with a child, second degree
9A.44.130 Sex offender registration
9A.44.140 Duty to register, when terminate
9A.44.150 Testimony of a child by closed circuit television
(Ord. 72 § 3, 1993)
9.03.040 Contributing to the delinquency of a minor.
In all cases when any child is dependent or delinquent as defined in RCW 13.34.030, any person who, by act or omission, encourages, causes or contributes to the dependency or delinquency of such child, shall be guilty of a misdemeanor. (Ord. 72 § 4, 1993)
9.03.050 Leaving unattended children in parked or standing vehicles.
No person, while operating or in charge of a motor vehicle, shall park or willfully allow such vehicle to stand upon a public street, public way, or in a public place open to the public, leaving any child or children under the age of eight years unattended therein. For the purposes of this section, “unattended” means where no responsible person over 12 years of age is physically present in such a vehicle and has immediate control over such a child or children, or the person operating or in charge of such vehicle is not in the immediate vicinity where such child or children can be seen or heard by such person. Violations shall be punished by a misdemeanor. (Ord. 72 § 5, 1993)
9.03.060 Controlled substances, paraphernalia, poisons and toxic fumes.
The following State statutes, including all future amendments, additions, or deletions are adopted by reference:
RCW
9.47A.050 Penalty – Toxic substances
69.50.101 Definitions
69.50.204
(d)(13) Schedule I – Marijuana
69.50.309 Containers
69.50.401(e) Prohibited acts: A – Penalties
69.50.412 Prohibited acts: E – Penalties
69.50.420 Juvenile driving privileges suspended
69.50.425 Minimum drug offense penalties
69.50.435 Additional penalty – School/bus stops
69.50.505 Seizure and forfeiture
69.50.506 Burden of proof
69.50.509 Search and seizure of controlled substances
9.47A.010 Definitions – Inhaling toxic fumes
9.47A.020 Unlawful inhalation – Exception
9.47A.030 Possession of certain substances prohibited, when
9.47A.040 Sale of certain substances prohibited, when
69.38.010 Poison defined
69.38.020 Exceptions
69.38.030 Poison register
69.38.040 Poison register – Penalty for violations
69.38.050 False representations
69.38.060 License required
(Ord. 72 § 6, 1993)
9.03.070 Drug paraphernalia definitions.
(1) As used in this section, “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. It includes, but is not limited to:
(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used, intended for use, or designed for use, in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants (such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose) used, intended for use, or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(l) A device “designed primarily for” such smoking or ingestion set forth in subsection (i) 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. Paraphernalia includes, but is not limited to, the following items or devices:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips (meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand);
(vi) Miniature cocaine spoons and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe” or otherwise;
(x) Air-driven pipes;
(xi) Chillums;
(xii) A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a “bong” or otherwise;
(xiii) A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas, whether the device is known as a “buzz bomb” or otherwise;
(xiv) A canister, container, or other device with a tube, nozzle, or other similar arrangement attached thereto, so constructed as to permit the forcing of smoke accumulated therein into the user’s lungs under pressure, whether the device is known as a “power hitter” or otherwise;
(xv) A device for holding a marijuana cigarette, whether the device is known as a “roach clip” or otherwise;
(xvi) A spoon for ingestion of a controlled substance through the nose;
(xvii) A straw or tube for ingestion of a controlled substance through the nose or mouth;
(xviii) A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;
(xix) Ice pipes or chillers.
(2) 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:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) 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;
(c) The proximity of the object, in time and space, to a direct violation of this section;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) 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 section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
(g) Instructions, oral or written; provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning its use;
(j) The manner in which the object is displayed for sale;
(k) 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;
(l) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(m) The existence and scope of legitimate uses for the object in the community; and
(n) Expert testimony concerning its use. (Ord. 72 § 7, 1993)
9.03.080 Possession of drug paraphernalia prohibited.
No person shall possess any drug paraphernalia as defined in RCW 69.50.102 with the intent to use or employ the same for manufacturing and/or consuming controlled substances. (Ord. 72 § 8, 1993)
9.03.090 Crimes relating to fire.
The following State statutes, including all future amendments, additions, or deletions are adopted by reference:
RCW
9A.48.010 Definitions – Reckless burning
9A.48.050 Reckless burning in the second degree
9A.48.060 Reckless burning – Defenses
9.40.040 Operating engine or boiler without spark arrester
9.40.100 Injuring or tampering with fire alarm apparatus or equipment – False alarm
(Ord. 72 § 9, 1993)
9.03.100 Firearms and dangerous weapons.
The following State statutes, including all future amendments, additions, or deletions are adopted by reference:
RCW
9.41.010 Terms defined
9.41.040 Concealed weapons permit
9.41.050 Carrying pistol
9.41.060 Exception
9.41.070 Concealed weapons permit
9.41.080 Delivery to minors and others forbidden
9.41.090 Chief to issue
9.41.093 Firearms – Exemptions
9.41.095 Appeal
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 License
9.41.120 Certain transfers forbidden
9.41.130 False information forbidden
9.41.140 Alteration of identifying marks prohibited
9.41.150 Exceptions
9.41.160 Penalty
9.41.170 Alien’s license to carry firearms – Exceptions
9.41.180 Setting spring gun
9.41.185 Coyote getters
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 property
9.41.300 Firearms prohibited in certain places
(Ord. 72 § 10, 1993)
9.03.110 Weapons prohibited on liquor sale premises.
(1) It is a misdemeanor for anyone, on or in any portion of an establishment classified by the State Liquor Control Board as off limits to persons under 21 years of age, to:
(a) Carry any rifle, shotgun or pistol, whether the person has a license or permit to carry the firearm or not, and whether the firearm is concealed or not;
(b) Carry any knife, sword, dagger, or other cutting or stabbing instrument with a blade of a length of three inches or more, or any razor with an unguarded blade, whether the weapon or instrument is concealed or not;
(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club, or combination thereof, including a device known as numchuck sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain, or other device or any explosive or any poison or injurious gas or any other instrument or weapon apparently capable of producing bodily harm, whether the instrument or weapon is concealed or not.
(2) Exceptions. Subsection (1) of this section shall not apply to or affect the following:
(a) A person engaged in military activities sponsored by the Federal or State governments while engaged in official duties;
(b) Law enforcement personnel;
(c) Security personnel while engaged in official duties; or
(d) The proprietor of the premises or his or her employees while engaged in their employment.
(3) Warning Signs Required. Signs, informing the public of the prohibitions contained herein, shall be conspicuously posted at all internal and external entrances to any area wherein the carrying of said weapons or instruments is prohibited. Said signs shall be in accordance with the design and language provided by the City.
(4) Upon conviction said weapon or instrument involved may be confiscated by order of the presiding judge and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confiscated or found property. (Ord. 72 § 11, 1993)
9.03.120 Frauds, swindles, and false representations.
The following statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.04.010 False advertising
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
9.26A.240 Fraud in obtaining telephone or telegraph service
9.38.010 False representations concerning credit
9.38.020 False representation concerning title.
9.44.080 Misconduct – Sign petition
9.45.060 Encumbered, leased, or rented personal property
9.45.062 Failure to deliver leased personal property – Requisites for presentation – 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.60.040 Criminal impersonation
9A.60.050 False certification
(Ord. 72 § 12, 1993)
9.03.130 Crimes relating to persons.
The following State statutes, including all future amendments, additions or deletions, are adopted by reference:
RCW
9.61.230 Telephone calls to harass, intimidate, torment or embarrass
9.61.240 Same – Permitting telephone to be used
9.61.250 Same – Offenses, where deemed committed
9A.36.041 Assault in the fourth degree
9A.36.050 Reckless endangerment
9A.36.070 Coercion
9A.36.150 Interfering with the reporting of domestic violence
9A.40.070 Custodial interference in the second degree
9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defenses, restricted
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
10.14.170 Violation of civil antiharassment order
10.99.020 Definitions
10.99.040 Restrictions upon and duties of the court
10.99.050 Restrictions or prohibition of contact with victim – Procedures
10.99.055 Enforcement of orders against defendants
26.09.300 Restraining orders – Violation – Penalty, etc.
26.50.010 Definitions
26.50.110 Violation of order – Penalties
(Ord. 176 § 1, 1997; Ord. 72 § 13, 1993)
9.03.140 Placing a person in fear or apprehension by threat.
(1) Every person who shall intentionally place, or attempt to place, another person in reasonable fear or apprehension of bodily harm by means of a threat shall be guilty of a misdemeanor.
(2) For purposes of this section, “threat” means to communicate, directly or indirectly, by act, word, or deed, whether written, spoken, or otherwise communicated, the intent to imminently:
(a) Cause bodily injury to the person threatened or any other person;
(b) Cause physical damage to the property of a person other than the person making the threat; or
(c) Subject the person threatened or any other person to physical confinement or restraint.
(3) Any threat as defined in this section is deemed to have been committed at the place from which the threat or threats were made or at the place where the threat or threats were received. (Ord. 72 § 14, 1993)
9.03.150 Crimes relating to property.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.54.130 Restoration of stolen property – Duty of officers
9A.48.090 Malicious mischief in the third degree
9A.48.100(1) Malicious mischief and physical damage defined
9A.52.010 Definitions
9A.52.060 Making or having burglary tools
9A.52.070 Criminal trespass in the first degree
9A.52.080 Criminal trespass in the second degree
9A.52.090 Criminal trespass – Defenses
9A.52.100 Vehicle prowling
9A.52.120 Computer trespass in the second degree
9A.52.130 Computer trespass – Commission of other crime
9A.56.010 Definitions
9A.56.020 Theft – Definition, defense
9A.56.050 Theft in third degree
9A.56.060
(1, 2, 3, 5) Unlawful issuance of checks or drafts
9A.56.140 Possessing stolen property – Definition, credit cards, presumption
9A.56.170 Possessing stolen property in the third degree
9A.56.180 Obscuring identity of a machine
9A.56.220 Theft of cable television services
9A.56.230 Unlawful sale of cable television services
9A.56.240 Forfeiture and disposal of device used to commit violation
9A.56.260 Connection of channel converter
9A.56.270 Shopping cart theft
27A.635.110 Actions not included
28A.635.020 Willfully disobeying order to leave school property
28A.635.030 Disturbing school/activities/ meetings at school
28A.635.060 Defacing school property – Parents liable
28A.635.090 Interfere with school administration by use of force or violence
28A.635.100 Intimidating administrator or student
(Ord. 72 § 15, 1993)
9.03.160 Crimes relating to public morals.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.68A.011 Definitions – Sexual exploitation of children and minor access to erotic materials
9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct
9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct
9.68A.110
(1), (2), (5) Certain defenses barred, permitted
9.68A.120 Seizure and forfeiture of property
9.68A.130 Recovery of costs of suit by minor
9.68A.140 Definitions
9.68A.150 Allowing minor on premises of live erotic performance
9.68A.160 Penalty
9A.88.010 Indecent exposure
9A.88.030 Prostitution
9A.88.050 Prostitution – Sex of parties immaterial
9A.88.060 Promoting prostitution – Definitions
9A.88.070 Promoting prostitution in first degree
9A.88.080 Promoting prostitution in second degree
9A.88.090 Permitting prostitution
9A.88.110 Patronizing a prostitute
(Ord. 72 § 16, 1993)
9.03.162 Lewd conduct.
(1) Every person who intentionally performs any lewd act in a public place knowing that such conduct is likely to cause reasonable affront and alarm is guilty of a misdemeanor.
(2) “Lewd act” means public:
(a) Exposure of any portion of the human anus or genitals, including display of the male genitals in a discernible turgid state, even if completely and opaquely covered; or
(b) Exposure of the female breast lower than the upper edge of the areola; provided, however, that nothing in the section shall prohibit the breastfeeding of an infant or child under the age of 36 months; or
(c) Touching, caressing, or fondling of the male or female genitals or female breasts, whether clothed or naked; or
(d) Sexual conduct as defined by subsection (4) of this section; or
(e) Stimulated acts of human sex, including intercourse, oral copulation, sodomy, or masturbation of oneself or of one person by another.
(3) “Public” or “public display” means easily visible from a public thoroughfare or from property of others in any portion of any public facility of park, or in any other public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.
(4) “Sexual conduct” means sexual intercourse or sexual contact.
(5) “Sexual intercourse” means:
(a) Its ordinary meaning, occurring upon any penetration, however slight; or
(b) Any penetration of the vagina or anus, however slight, by an object, when committed by one person on another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; or
(c) Any contact between persons involving the sex organs of one person in the mouth or anus of another, whether such persons are of the same or opposite sex.
(6) “Sexual contact” means:
(a) Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party;
(b) Masturbation, manual or instrumental, of oneself in the presence of another, or one person by another. (Ord. 180 § 1, 1997)
9.03.170 Crimes relating to public officers.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.31.090 Escaped prisoner recaptured
9.69.100 Withholding knowledge of felony involving violence – Penalty
9A.72.010 Definitions
9A.72.040 False swearing
9A.72.060 False swearing – Retraction
9A.72.070 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
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.76.080 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
(1), (2)(d) Bail jumping
9A.76.200 Harming a police dog
9A.84.040 False reporting
(Ord. 72 § 17, 1993)
9.03.180 Obstructing public officers.
It is unlawful for any person to make any willfully untrue, misleading or exaggerated statement to, or to willfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties. (Ord. 72 § 18, 1993)
9.03.190 Public officer defined.
“Public officer,” as used in this title, comprises police officers, fire chief and his or her designees; health officers; and the public works director and his or her designees; City Clerk and his or her designee; code enforcement personnel; and other City personnel authorized for enforcement of City ordinances, statutes and codes. (Ord. 72 § 19, 1993)
9.03.200 Crimes relating to public peace.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.27.015 Interference or obstruction of any court building or residence – Violations
9.58.010 Libel, what constitutes
9.58.020 How justified or excused – Malice, when presumed
9.58.030 Publication defined
9.58.040 Liability of editors and others
9.58.050 Report of proceedings privileged
9.58.070 Privileged communications
9.58.080 Furnishing libelous information
9.58.090 Threatening to publish libel
9.58.120 Testimony necessary to convict
9.62.010 Malicious prosecution
9.62.020 Instituting suit in name of another
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
9.73.080 Penalty
9.73.090 Police and fire personnel exempted from RCW 9.73.030 through 9.73.080 – Standards
9.73.100 Records available to defense counsel
9.73.110 Not unlawful for building owner
9.73.140 Availability, inventory
9.73.200 Conversations regarding controlled substances
9.73.210 Interception – Controlled substance
9.84.010
(1), (2)(b) Riot
9A.84.020 Failure to disperse
(Ord. 72 § 20, 1993)
9.03.210 Miscellaneous crimes.
The following State statutes, including all future amendments, additions or deletions are adopted by reference:
RCW
9.03.010 Abandoning, discarding refrigeration equipment
9.03.020 Permitting unused equipment to remain on premises
9.03.030 Violation of RCW 9.03.010 or 9.03.020
9.03.040 Keeping or storing equipment for sale
9.91.010 Denial of civil rights – Terms defined
9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated
9.91.025 Unlawful bus conduct
9.91.110 Meal buyers – Records of purchases – Penalty
70.54.010 Polluting water supply
70.93.060 Littering
(Ord. 72 § 21, 1993)
9.03.220 Throwing objects at moving vehicles.
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. (Ord. 72 § 22, 1993)
Chapter 9.06
VEHICLE IMPOUNDMENT UPON ARREST OF DRIVER FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKEDSections:
9.06.010 Appointment of King County as agent for the City.
9.06.020 Impoundment authorized.
9.06.030 Administrative fee.
9.06.040 Owner of impounded vehicle to be notified.
9.06.050 Redemption of impounded vehicles.
9.06.060 Post-impoundment hearing procedure.
9.06.070 Contracts for towing and storage.
9.06.080 Severability.
9.06.010 Appointment of King County as agent for the City.
King County and the King County Sheriff’s Office and/or its designees are appointed and authorized to act as agent of the City in regard to all impoundments and actions permitted by this chapter. (Ord. 262 § 1, 2000)
9.06.020 Impoundment authorized.
(1) If the driver is arrested for a violation of Driving While License Suspended (“DWLS”) in the Third Degree, as defined in RCW 46.20.342, or if the driver is arrested for driving with a license suspended in another state, the vehicle shall be impounded.
(2) If the driver is arrested for a violation of DWLS Second Degree, as defined in RCW 46.20.342, the vehicle shall be impounded for 30 days.
(3) If the driver is arrested for a violation of DWLS First Degree, as defined in RCW 46.20.342, the vehicle shall be impounded for 30 days. (Ord. 262 § 1, 2000)
9.06.030 Administrative fee.
If a vehicle is impounded pursuant to the provisions of this chapter, an administrative fee of $100.00 shall be paid to the City of Woodinville Finance Department, prior to redemption of the vehicle as provided by this chapter. The administrative fee shall be for the purpose of offsetting, to the extent practicable, the cost to the City of implementing, enforcing and administering this chapter and must be deposited in an appropriate account. (Ord. 262 § 1, 2000)
9.06.040 Owner of impounded vehicle to be notified.
(1) Not more than 24 hours after impoundment of any vehicle, the tow truck operator shall mail a notice by first class mail to the last known address of the legal and registered owner(s) of the vehicle, as may be disclosed by the vehicle identification number, and as provided by the Washington State Department of Licensing. The notice shall include the name of the impounding tow firm, its address, and telephone number. The notice shall include the location and time of the impound, and by whose authority the vehicle was impounded. The notice also shall include written notice of the right of redemption and opportunity for a hearing to contest the validity of the impound or the amount of towing and storage charges pursuant to this chapter, as set forth on a form provided by the King County Sheriff’s Office. The notice shall state the mandatory length of the impound. The notice shall state that a person who desires to redeem an impounded vehicle at the end of the mandatory period must within five days of the impound, at the request of the tow truck operator, pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound to ensure payment of the costs of the removal, towing, and storage of the vehicle pursuant to RCW 46.55.120(1)(b). The notification shall state that if the security deposit is not posted within five days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130. The notice shall set forth the requirements of WMC 9.06.050 regarding the payment of the costs of removal, towing, and storage as well as providing proof of payment of the administrative fee and proof of satisfaction of any penalties, fines, or forfeitures before redemption. The notice must also state that the registered owner is ineligible to purchase the vehicle at the abandoned vehicle auction, if held.
(2) Notwithstanding subsection (1) of this section, a rental car business may immediately redeem a rented vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. The officer directing the impound shall notify the rental car business as soon as practicable of the impound.
(3) If the date on which a notice required by subsection (1) of this section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
(4) Similar notice shall be given to each person who seeks to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The tow truck operator shall maintain a record evidenced by the redeeming person’s signature that the notification was provided. (Ord. 262 § 1, 2000)
9.06.050 Redemption of impounded vehicles.
Vehicles impounded pursuant to this chapter shall be redeemed only under the following circumstances, and pursuant to agreement between the City and the King County Sheriff’s Office:
(1) Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and insurance.
(2) Any person so redeeming a vehicle impounded under this chapter shall pay the tow truck operator for costs of impoundment (removal, towing, and storage) and the administrative fee prior to redeeming such vehicle. The tow truck operator shall accept payment as provided in RCW 46.55.120(1)(e), as now or hereafter amended. If the vehicle was impounded pursuant to this chapter and was being operated by the registered owner when it was impounded, it may not be released to any person until all penalties, fines, or forfeitures owed by the registered owner have been satisfied. A vehicle impounded pursuant to this chapter can be released only pursuant to written order from the King County Sheriff’s Office or a court.
(3) The King County Sheriff’s Office shall assign an administrative hearings officer(s) to conduct post-impoundment hearings pursuant to this chapter. Any person seeking to redeem a vehicle impounded pursuant to this chapter has a right to a hearing before an administrative hearings officer to contest the validity of an impoundment or the amount of removal, towing and storage charges or administrative fee. Any request for a hearing shall be made in writing, on a form provided by the King County Sheriff’s Office and signed by such person, and received by the King County Sheriff’s Office within 10 days (including Saturdays, Sundays and holidays) of the latter of the date the notice of right of redemption and opportunity for hearing was mailed to the person or the date the notice was given to the person by the tow truck operator. Such hearing shall be provided as follows:
(a) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under WMC 9.06.020 have been satisfied, then the impounded vehicle shall be released immediately and a hearing shall be held within 90 days of the written request for hearing.
(b) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under WMC 9.06.020, have not been satisfied, then the impounded vehicle shall not be released until after the hearing which shall be held within two business days (excluding Saturdays, Sundays, and holidays) of the written request for hearing.
(c) Any person seeking a hearing who has failed to request such hearing within the time specified in this section may petition the King County Sheriff’s Office for an extension to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purpose of this section, good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.
(d) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and neither the City or County shall be liable for removal, towing and storage charges arising from the impoundment.
(4) The Woodinville Police Chief, or designee, is authorized to release a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment upon petition of the spouse or domestic partner of the registered owner of the vehicle, based on economic or personal hardship to such spouse or domestic partner resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from the release of the vehicle, including, but not limited to, the driver’s criminal history, driving record, license status and access to the vehicle. If such release is authorized, the person redeeming the vehicle must satisfy the requirements of subsections (1) and (2) of this section, with the exception of payment of the penalties, fines, or forfeitures owed by the driver, and with the exception of the administrative fee.
(5) The Woodinville Police Chief, or designee, is authorized to release a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment upon the petition of the registered owner of the vehicle based upon economic or personal hardship or equity, provided the registered owner was not the operator of the vehicle at the time of the impound. If such release is authorized, the registered owner must satisfy the requirements of subsections (1) and (2) of this section, with the exception of the administrative fee, in order to redeem the vehicle. (Ord. 262 § 1, 2000)
9.06.060 Post-impoundment hearing procedure.
Hearings requested pursuant to WMC 9.06.050 shall be held by an administrative hearings officer who shall determine whether the impoundment was proper and whether the associated towing and storage and administrative fees charged were proper.
(1) At the hearing, the King County Sheriff’s Office may produce any relevant evidence to show that either the impound or fees, or both, were proper. An abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.
(2) At the hearing, the person who requested the hearing may produce any relevant evidence to show that either the impound or fees or both were not proper.
(3) If the impoundment is found to be proper, the administrative hearings officer shall enter an order so stating. In the event that the costs of impoundment (removal, towing, storage, and administrative fees) have not been paid or any other applicable requirements of WMC 9.06.050 (1) and (2) satisfied, or any period of impoundment has not expired, the administrative hearings officer’s order shall also provide that the impounded vehicle shall be released only after payment of any fines imposed on any underlying traffic violations.
(4) If the impoundment is found to be improper, the administrative hearings officer shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the administrative hearings officer shall enter judgment against the County and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment, which are removal, towing, storage and administrative fees, plus interest at the rate of 12 percent per year from the date that person paid the costs, and the County shall comply with the order. If the costs of impoundment, which are removal, towing and storage, have not been paid, the hearings officer shall enter an order directing the County to pay the costs to the tow truck operator, and the County shall comply with the order. The County and City are not liable for damages if the police officer who ordered the impound relied in good faith and without gross negligence, on the records of the Department of Licensing in ascertaining whether the operator of the vehicle had a suspended or revoked driver’s license.
(5) In the event that the administrative hearings officer finds that the impound was proper, but that the removal, towing or storage fees charged for the impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs of impoundment have been paid, the administrative hearings officer shall enter a judgment against the County and in favor of the person who has paid the costs of impoundment for the amount of the overpayment plus interest at the rate of 12 percent per year on the overpayment from the date that person paid the costs, and the County shall comply with the order. The tow truck operator is liable to the County for the amount of the overpayment and interest at the rate of 12 percent per year. The tow truck operator shall make the payment to the County no later than 60 days after the tow truck operator receives notice of the requirement to pay. The County may bring an action in the King County District Court against the tow truck operator to recover the overpayment plus interest at the rate of 12 percent per year.
(6) No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.
(7) An appeal of the administrative hearings officer’s decision shall be conducted according to, and is subject to the procedures of this section. In accordance with RCW 46.55.240(1)(d), a decision made by an administrative hearings officer may be appealed to the King County District Court for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal in district court within 15 days after the decision of the administrative hearings officer and must pay a filing fee in the same amount required for the filing of a suit in district court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to an appeal is waived and the administrative hearings officer’s decision is final. (Ord. 262 § 1, 2000)
9.06.070 Contracts for towing and storage.
The King County Sheriff’s Office, and the City Manager and/or designees are authorized and directed to enter into appropriate agreements and to promulgate rules and regulations to provide for the fair and efficient administration of any contract(s) awarded to registered tow truck operators pursuant to this chapter. Such contracts shall be at no cost to the County and the City and shall provide that the tow truck operator may recover the costs of towing and storage only from the person seeking to redeem the impounded vehicle, or from the proceeds of sale of an unclaimed vehicle pursuant to RCW 46.55.130, and that the County and City shall not be responsible for payment of such costs except upon order of the administrative hearings officer pursuant to WMC 9.06.060. (Ord. 262 § 1, 2000)
9.06.080 Severability.
If any portion of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 262 § 1, 2000)
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