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F1 �.
ORDINANCE NO. ail 9
.2, i7.&'�
AN ORDINANCE of the City of Port Angeles,
creating Title 9 of the Port Angeles
Municipal Code as a'criminal code, defining
specific criminal offenses, prescribing
penalties, and repealing ordinances 155;
158; 168; 485; 600; 611; Paragraphs 1, 2, 3,
4, 5, 6, 7, 8, 9, 10, 12, 13, 15, 21, 22, 23,
24, 27, 29, 31, 32, 33, 34, 35, 36, 37, 38,
39, 40, 41, 42, 44, 46, 47, 48, 49, 51, 56,
and 58 of Section 1, Ordinance 673; Para-
graphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, and 16 of Section 2 of Ordinance
673; Sections 3, 5, 8, 9, 10, 13, 14, 15, 17,
19, 20, 22, 23, 28, 29, 31, 33, 34, and 35 of
Ordinance 673; Ordinance No. 779; 971; 980;
1000; 1178; 1204; 1313; 1391; 1489; 1506; 1522;
1602; 1619; 1675; 1676; 1691; 1699; 1716; 1718;
1970; 2007 and 2085.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES, as follows:
Chapter 9.01
GENERAL PROVISIONS
9.01.010 Effective Date. This ordinance shall be adopted as
and may be cited as Title 9 of the Port Angeles Municipal Code'and
shall become effective on April 1, 1981. The provisions of this
title shall apply to any offense which is defined in this title and
committed on-or after April_ 1, 1981, unless otherwise expressly
provided or unless the context otherwise requires, and sha11 .also
apply to any defense to prosecution for such an offense..
9.01.020 Application. The provisions of this title do not
apply to or govern the construction of and punishment for any
offense committed prior to the effective date of this title, or
to the construction and application of any defense to a prosecu-
tion for such an offense. Such an offense must be construed and
punished according to the provisions of law existing at the time
of the commission thereof in the same manner as if this title had
not been enacted.
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9.01.030 Severability. If any provision of this title, or
its application to any person or circumstance is held invalid, the
remainder of the title, or the application of the provision to
other persons or circumstances is not affected, and to this end
the provisions of this title are declared to be severable.
9.01.040 Captions. Chapter, section, and subsection captions
are for organizational purposes only and shall not be construed as
part of this title.
9.01.050 Purposes -- Principles of Construction.
(1) The general purposes of the provisions governing the
definition of offenses are:
(a) To forbid and prevent conduct that inflicts or
threatens substantial harm to individual or public interests;
(b) To safeguard conduct that is without culpability
from condemnation as criminal;
(c) To give fair warning of the nature of the conduct
declared to constitute an offense;
(d) To differentiate on reasonable grounds between
serious and minor offenses, and to prescribe proportionate penal-
ties for each.
(2) The provisions of this title shall be construed according
to the fair import of their terms but when the language is suscep-
tible of differing construction it shall be interpreted to further
the general purposes stated in this title.
9.01.060 City Criminal Jurisdiction. The following persons
are liable to punishment:
(1) A person who commits in the City any crime, in whole or in part
(2) A person who commits out of the City any act which, if
committed within it, would be theft and who is afterward found in
the City with any of the stolen property.
(3) A person who being out of the City, counsels, causes,
procures, aids, or abets another to commit a crime in this City.
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(4) A person who commits an act without the City which
affects persons or property within the City, which, if committed
within the City would be a crime.
9.01.070 Classes of Crimes. An offense defined by this
title constitutes a misdemeanor of the first class or a misdemeanor
of the second class. A Class I misdemeanor may be punished by a
maximum sentence of ninety (90) days in jail, a Five Hundred
($500.00) Dollar fine, or both such fine and imprisonment. A
Class II misdemeanor may be punished by a maximum fine of Five
Hundred ($500.00) Dollars. A sentence of imprisonment shall not
be imposed.
9.01.080 Common Law to Supplement Ordinance. The provisions
of the common law relating to the commission of crime and punish-
ment thereof, insofar as not inconsistent with the United States
Constitution and the Constitution of the State of Washington, shall
supplement all penal ordinances of the City of Port Angeles and
all persons offending against the same shall be tried in the
Municipal Court of the City of Port Angeles.
9.01.090 Limitation of Actions. Prosecutions for the offen-
ses shall be commenced within one year after their commission.
9.01.100 Definitions. In this title unless a differeent
meaning plainly is required:
(1) "Acted" includes where relevant, ommitted to act.
(2) "Actor" includes, where relevant, a person failing to
act.
(3) "Benefit" is any gain or advantage to the beneficiary,
including any gain or advantage to a third person pursuant to
desire or consent of the beneficiary.
(4) "Bodily injury" or "physical injury" means physical
pain, illness, or an impairment of physical condition.
(5) "Building ", in addition to its ordinary meaning, includes
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any dwelling, fenced area, vehicle, railway car, cargo container,
or any other structure used for lodging of persons or for carrying
on business therein, or for the use, sale or deposit of goods;
each unit of a building consisting of two or more units separately
secured or occupied is a separate building;
(6) "Deadly weapon" means any explosive or loaded or un-
loaded firearm, and shall include any other weapon, device,
instrument, article, or substance, including a "vehicle" as defined,
in this section, which, under the circumstances in which it is
used, attempted to be used, or threatened to be used, is readily
capable of causing death or serious bodily injury.
(7) "Dwelling" means any building or structure, though
movable or temporary, or a portion thereof, which is used or
ordinarily used by a person for lodging.
(8) "Government" includes any branch, subdivision, or agency
of the government of this state and any county, city, district, or
other local governmental unit.
(9) "Governmental function" includes any activity which a
public servant is legally authorized or permitted to undertake on
behalf of a government.
(10) "Indicted" and "indictment" include "informed against"
and "information "; and "informed against" and "information" include
"indicted" and "indictment ".
(11) "Judge" includes every judicial officer authorized alone
or with other to hold or preside over a court.
(12) "Malice" and "maliciously" shall import an evil intent,
wish, or design to vex, annoy, or injure another person. Malice
may be inferred from an act done in wilful disregard of the rights
of another, or an act wrongfully done without just cause or excuse,
or an act or omission of duty betraying a wilful disregard of
social duty.
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(13) "Officer" and "public officer" means a person holding
office under a city, county, or state government or the federal
government who performs a public function and in so doing is vested
with the exercise of some sovereign power of government, and in-
cludes all assistants, deputies, clerks, and employees of any
public officer and all persons lawfully exercising or assuming to
exercise any of the powers or functions of a public officer.
(14) "Omission" means a failure to act.
(15) "Peace officer" means a duly appointed city, county, or
state law enforcement officer.
(16) "Pecuniary benefit" means any gain or advantage in the
form of money, property, commercial interest, or anything else the
primary significance of which is economic gain.
(17) "Person ", "he ", and "actor" include any natural person
and, where relevant, a corporation, joint stock association, or an
unincorporated association.
(18) "Place of work" includes but is not limited to all the
lands and other real property of a farm or ranch in the case of an
actor who owns, operates, or is employed to work on such a farm or
ranch.
(19) "Prison" means any place designated by law for the keep-
ing of persons held in custody under process of law, or under law-
ful arrest, including but not limited to any state correctional
institution or any county or city jail.
(20) "Prisoner" includes any person held in custody under
process of law, or under lawful arrest.
(21) "Property" means anything of value, whether tangible or
intangible, real or personal.
(22) "Public servant" means any person other than a witness
who presently occupies the position of or has been elected,
appointed, or designated to become an officer or employee of
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government, including a legislator, judge, judicial officer, juror,
and any person participating as an advisor, consultant, or other-
wise in performing a governmental function.
(23) "Signature" includes any memorandum, mark, or sign made
with intent to authenticate any instrument or writing, or the
subscription of any person thereto.
(24) "Statute" means the Constitution or an act of the
legislature or initiative or referendum of this state.
(25) "Threat" means to communicate, directly or indirectly
the intent:
(a) To cause bodily injury in the future to the person
threatened or to any other person; or
(b) To cause physical damage to the property of a
person other than the actor; or
(c) To subject the person threatened or any other
person to physical confinement or restraint; or
(d) To accuse any person of a crime or cause criminal
charges to be instituted against any person; or
(e) To expose a secret or publicize an asserted fact,
whether true or false, tending to subject any person to hatred,
contempt, or ridicule; or
(f) To reveal any information sought to be concealed
by the person threatened; or
(g) To testify or provide information or withhold
testimony or information with respect to another's legal claim or
defense; or
(h) To take wrongful action as an official against any-
one or anything, or wrongfully withhold official action, or cause
such action or withholding; or
(i) To bring about or continue a strike, boycott, or
other similar collective action to obtain property which is not
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demanded or received for the benefit of the group which the actor
purports to represent; or
(j) To do any other act which is intended to harm sub-
stantially the person threatened or another with respect to his
health, safety, business, financial condition, or personal
relationships.
(26) "Vehicle" means a "motor vehicle" as defined in the
vehicle and traffic laws, any aircraft, or any vessel equipped for
propulsion by mechanical means or by sail;
(27) Words in the present tense shall include the future
tense; and in the masculine shall include the feminine and neuter
geniers; and in the singular shall include the plural; and in the
plural shall include the singular.
9.01.110 Repealer. The following ordinances or portions of
ordinances are hereby repealed:
Ordinance Nos. 155; 158; 168; 485; 600; 611; Paragraphs 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 15, 21, 22, 23, 24, 27, 29, 31,
32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 44, 46, 47, 48, 49, 51,
56, and 58 of Section 1, Ordinance 673; Paragraphs 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of Section 2 of Ordin-
ance 673; Sections 3, 5, 8, 9, 10, 13, 14, 15, 17, 19, 20, 22, 23,
28, 29, 31, 33, 34, 35 of Ordinance 673; Ordinance No. 779; 971;
980; 1000; 1178; 1204; 1313; 1391; 1489; 1506; 1522; 1602; 1619;
1675; 1676; 1691; 1699; 1716; 1718; 1970; 2007; and 2085.
Chapter 9.04
PRINCIPLES OF LIABILITY
9.04.010 General Requirements of Culpability. Kinds of
culpability defined:
(1) Intent. A person acts with intent or intentionally when
he acts with the objective or purpose to accomplish a result which
constitutes a crime.
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(2) Knowledge. A person knows or acts knowingly or with
knowledge when:
(a) He is aware of a fact, facts, or circumstances or
result described by an ordinance defining an offense; or
(b) He has information which would lead a reasonable
man in the same situation to believe that facts exist which facts
are described by an ordinance defining an offense.
(3) Recklessness. A person is reckless or acts recklessly
when he knows of and disregards a substantial risk that a wrongful
act may occur and his disregard of such substantial risk is a
gross deviation from conduct that a reasonable man would exercise
in the same situation.
(4) Criminal Negligence. A person is criminally negligent
or acts with criminal negligence when he fails to be aware of a
substantial risk that a wrongful act may occur and his failure to
be aware of such substantial risk constitutes a gross deviation
from the standard of care that a reasonable man would exercise in
the same situation.
9.04.020 Substitutes for Criminal Negligence, Recklessness,
and Knowledge. When an ordinance provides that criminal negligence
suffices to establish an element of an offense, such element also
is established if a person acts intentionally, knowingly, or reck-
lessly. When recklessness sufficies to'establish an element, such
element also is established if a person acts intentionally or know-
ingly. When acting. knowingly suffiFlciesp,to, establish an element,',
such element also is established if a person acts intentionally.
9.04.030 Requirement of Wilfulness Satisfied by Acting
Knowlingly. A requirement that an offense be committed wilfully is
satisfied if a person acts knowingly with respect to the material
elements of the offense, unless a purpose to impose further re-
quirements plainly appears.
9.04.040 Liability for Conduct of Another - Complicity.
(1) A person is guilty of a crime if it is committed by the
conduct of another person for which he is legally accountable.
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(2) A person is legally accountable for the conduct of
another person when:
(a) Acting with the kind of culpability that is suf-
ficient for the commission of the crime, he causes an innocent or
irresponsible person to engage in such conduct; or
(b) He is made accountable for the conduct of such
other person by this ordinance or by the law defining the crime; or
(c) He is an accomplice of such other person in the
commission of the crime.
(3) A person is an accomplice of another person in the
commission of the crime if:
(a) With knowledge that it will promote or facilitate
the commission of the crime, he
(i) solicits, commands, encourages, or requests
such other person to commit it; or
(ii) aids or agrees to aid such other person in
planning or committing it; or
(b) His conduct is expressly declared by law to
establish his complicity.
(4) A person who is legally incapable of committing a
particular crime himself may be guilty thereof if it is committed
by the conduct of another person for which he is legally account-
able, unless such liability is inconsistent with the purpose of
the provisions establishing his incapacity.
(5) Unless otherwise provided by this title or by the law
defining the crime, a person is not an accomplice in a crime
committed by another person if:
(a) He is a victim of that crime; or
(b) He terminates his complicity prior to the commis-
sion of the crime, and either gives timely warning to the law
enforcement authorities or otherwise makes a good faith effort to
prevent the commission of the crime.
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(6) A person legally accountable for the conduct of another
person may be convicted on proof of the commission of the crime
and of his complicity therein, though the person claimed to have
committed the crime has not been prosecuted or convicted or has
been convicted of a different crime or degree of crime or has an
immunity to prosecution or conviction or has been acquitted.
Chapter 9.08
DEFENSES
9.08.010 Definitions. In this chapter, unless a different
meaning is plainly required:
(1) "Necessary" means that no reasonably effective alterna-
tive to the use of force appeared to exist and that the amount of
force used was reasonable to effect the lawful purpose intended.
9.08.020 Use of Force - When Lawful. The use, attempt, or
offer to use force upon or toward the person of another shall not
be unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the
performance of a legal duty, or a person assisting him and acting
under his direction;
(2) Whenever necessarily used by a person arresting one who
has committed a felony and delivering him to a public officer
competent to receive him into custody;
(3) Whenever used by a party about to be injured, or by
another lawfully aiding him, in preventing or attempting to prevent
an offence against his person, or a malicious trespass, or other
malicious interference with real or personal property lawfully in
his possession, in case the force is not more than shall be
necessary;
(4) Whenever used in a reasonable and moderate manner by a
parent or his authorized agent, a guardian, master, or teacher in
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the exercise of lawful authority, to restrain or correct his child,
ward, apprentice or scholar.
9.08.030 Duress. 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 another would
be liable to immediate death or immediate grievous bodily injury;
and
(2) That such apprehension was reasonable upon the part of
the actor; and
(3) That the actor would not have participated in the crime
except for the duress involved.
The defense of duress is not available if the actor intention-
ally or recklessly places himself in a situation in which it is
probable that he will be subject to duress. The defense of duress
is not established solely by a showing that a married person acted
on the command of his or her spouse.
9.08.040 Entrapment. In any prosecution for a crime, it is
a defense that:
(1) The criminal design originated in the mind of law en-
forcement officials, or any person acting under their direction;
and
(2) The actor was lured or induced to commit a crime which
the actor had not otherwise intended to commit.
The defense of entrapment is not established by a showing
only that law enforcement officials merely afforded the actor an
opportunity to commit a crime.
9.08.050 Action for Being Detained on Mercantile Establish-
ment Premises for Investigation - "Reasonable Grounds" as Defense.
In any action brought by or on behalf of any person having
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been detained on or in the immediate vicinity of the premises of a
mercantile establishment for the purpose of investigation or
questioning as to the ownership of any merchandise, it shall be a
defense of such action that the person was detained in a reasonable
manner and for not more than a reasonable time to permit such
investigation or questioning by a peace officer, by the owner of
the merchantile establishment, or by the owner's authorized
employee or agent, and that such peace officer, owner, employee,
or agent had reasonable grounds to believe that the person so de-
tained was committing or attempting to commit theft or shoplifting
on such premises of such merchandise. As used in this section,
"reasonable grounds" shall include, but not be limited to, knowl-
edge that a person has concealed possession of unpurchased merch-
andise of a mercantile establishment, and a "reasonable time" shall
mean the time necessary to permit the person detained to make a
statement or to refuse to make a statement, and the time necessary
to examine employees and records of the mercantile establishment
relative to the ownership of the merchandise.
9.08.060 Intoxication. No act committed by a person while
in a state of voluntary intoxication shall be deemed less criminal
by reason of his condition, but whenever the actual existence of
any particular mental state is a necessary element to constitute a
particular species or degree of crime, the fact of his intoxication
may be taken into consideration in determining such mental state.
Chapter 9.12
ANTICIPATORY OFFENSES
9.12.010 Criminal Attempt.
(1) A person is guilty of an attempt to commit a crime if,
with intent to commit a specific crime as defined by this title,
he does any act which is a substantial step toward the commission
of that crime.
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1 (2) If the conduct in which a person engages otherwise con -
2 stitutes an attempt to commit a crime, it is no defense to a
3 prosecution of such attempt that the crime charged to have been
4 attempted was, under the attendant circumstances, factually or
5 legally impossible of commission.
6 (3) An attempt to commit a crime shall be punishable to the
7 same degree as the crime attempted.
8 9.12.020 Criminal Solicitation. A person is guilty of
9 criminal solicitation when, with intent to promote or facilitate
10 the commission of a crime, he offers to give or gives money or
11 other things of value to another to engage in a specific conduct
12 which would constitute such crime or which would establish com-
13 plicity of such other person in its commission or attempted
14 commission had such crime been attempted or committed.
15 Criminal solicitation is a Class I misdemeanor.
16
17 Chapter 9.16
18 CRIMES AGAINST PERSONS AND PROPERTY
19 9.16.010 Simple Assault. Every person who shall commit an
20 assault or an assault and battery not amounting to assault in
21 either the first, second, or third degreee pursuant to Title 9A.36
22 RCW as now existing or hereafter amended, shall be guilty of simple
23 assault. Simple assault is a Class I misdemeanor.
24 9.16.020 Reckless Endangerment. A person is guilty of
• 25 reckless endangerment when he recklessly engages in conduct which
26 creates a substantial risk of death or serious physical injury to
27 another person. Reckless endangerment is a Class I misdemeanor.
28 9.16.030 Coercion. A person is guilty of coercion if by use
29 of a threat he compels or induces a person to engage in conduct
30 which the latter has a legal right to abstain from or to abstain
31 from conduct which he has a legal right to engage in. Coercion is
32 a Class I misdemeanor.
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(1) "Threat" as used in this section means:
(a) to communicate, directly or indirectly, the intent
immediately to use force against any person who is present at the
time; or
(b) or threat as defined in 9.01.100(25).
9.16.040 Unlawful Imprisonment. A person is guilty of
unlawful imprisonment if he knowingly restrains another person.
Unlawful imprisonment is a Class I misdemeanor.
(1) Definitions. The following definition shall apply in
this section:
(a) "Restrain" means to restrict a person's movements
without consent and without legal authority in a manner which
interferes substantially with his liberty. Restraint is "without
consent" if it is accomplished by (i) physical force, intimidation,
or deception, or (ii) any means including acquiescence of the
victim, if he is a child less than sixteen years old or an incom-
petent person and if the parent, guardian, or other person or
institution having lawful control or custody of him has not
acquiesced.
9.16.050 Malicious Mischief.
(1) A person is guilty of malicious mischief in the third
degree if he knowingly and maliciously causes physical damage to
the property of another, under circumstances not amounting to
malicious mischief in the first or second degree under Title 9A
RCW. Malicious mischief is a Class I misdemeanor if the damage to
the property is in an amount exceeding fifty dollars; otherwise,
it is a Class II misdemeanor.
(2) Definitions. For the purpose of this chapter as now or
hereafter amended, unless the context indicates otherwise:
(a) "Building" has the definition in 9.01.100(5) and
where a building consists of two or more units separately secured
or occupied, each unit shall not be treated as a separate building.
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(b) "Damages" in addition to its ordinary meaning,
includes any charring, scorching, burning, or breaking, or agri-
cultural or industrial sabotage, and shall include any diminution
in the value of any property as a consequence of an act.
(c) "Physical damage" in addition to its ordinary
meaning shall include the alteration, damage, or erasure of records,
information, data, or computer programs which are electronically
recorded for use in computers.
9.16.060 Criminal Trespass.
(1) Definitions. The following definitions apply in this
chapter:
(a) "Premises" includes any building, dwelling, or any
real property.
(b) "Enter." The word "enter" when constituting an
element or part of a crime, shall include the entrance of the
person, or the insertion of any part of his body, or any instru-
ment or weapon held in his hand and used or intended to be used to
threaten or intimidate a person, or to detach or remove property.
(c) "Enters or remains unlawfully." A person "enters
or remains unlawfully" in or upon premises when he is not then
licensed, invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is
only partly open to the public is not a license or privilege to
enter or remain in that part of a building which is not open to
the public. A person who enters or remains upon uninproved and
apparently unused land, which is neither fenced nor otherwise
enclosed in a manner designed to exclude intruders, does so with
license and privelege unless notice against trespass is personally
communicated to him•by the owner of the land or some other author-
ized person, or unless notice is given by posting in a conspicuous
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(2) Criminal Trespass in the First Degree. A person is
guilty of criminal trespass in the first degree if he knowingly
enters or remains unlawfully in a building. Criminal trespass in
the first degree is a Class I misdemeanor.
(3) Criminal Trespass in the Second Degree. A person is
guilty of criminal trespass in the second degree if he knowingly
enters or remains unlawfully in or upon premises of another under
8 circumstances not constituting criminal trespass in the first
9 degree. Criminal trespass in the second degree is a Class II
10 misdemeanor.
11 (4) Criminal Trespass - Defenses. In any prosecution under
12 Sections 9.16.060(2) and 9.16.060(3) it is a defense that:
13 (a) A building involved in an offense under Section
14 9.16.060(2) was abandoned; or
15 (b) The premises were at the time open to members of
16 the public and the actor complied with all lawful conditions
17 imposed on access to or remaining in the premises; or
18 (c) The actor reasonably believed that the owner of the
19 premises, or other person empowered to license access thereto
20 would have licensed him to enter or remain.
21 9.16.070 Making or Having Burglar Tools. Every person who
22 shall make or mend or cause to be made or mended, or have in his
23 possession, any engine, machine, tool, false key, pick lock, bit,
24 nippers, or implement adapted, designed, or commonly used for the
25 commission of burglary under circumstances evincing an intent to
26 use or emply, or allow the same to be used or employed in the
27 commission of a burglary, or knowing that the same is intended to
28 be so used, shall be guilty of making or having burglar tools.
29 Making or having burglar tools is a Class II misdemeanor.
30 9.16.080 Vehicle Prowling. A person is guilty of vehicle
31 prowling if, with intent to commit a crime against a person or
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1 property therein, he enters or remains unlawfully in a vehicle.
2 Vehicle prowling is a Class E misdemeanor.
3 9.16.090 Theft.
4 (1) Definitions. The following definitions are applicable
5 in this chapter unless the context otherwise requires:
6 (a) "Appropriate lost or misdelivered property or
7 services" means obtaining or exerting control over the property or
8 services of another which the actor knows to have been lost or
9 mislaid, or to have been delivered under a mistake as to identity
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of the recipient or as to the nature or amount of the property.
(b) "By color or aid of deception" means the deception
operated to bring about the obtaining of the property or services;
it is not necessary that deception be the sole means of obtaining
the property or services.
15 (c) "Deception" occurs when an actor knowingly:
16 (i) creates or confirms another's false impression
17 which the actor knows to be false; or
18 (ii) fails to correct another's impression which
19 the actor previously has created or confirmed; or
20 (iii) prevents another from acquiring information
21 material to the disposition of the property involved; or
22 (iv) transfers or encumbers property without dis-
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closing a lien, adverse claim, or other legal impediment to the
enjoyment of the property, whether that impediment is or is not
valid, or is or is not a matter of official record; or
(v) promises performance which the actor does not
intend to perform or knows will not be performed.
(d) "Deprive" in addition to its common meaning means
to make unauthorized use or an unauthorized copy of records, in-
formation, data, trade secrets or computer programs, provided that
the aforementioned are of a private proprietary nature.
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(e) "Obtain control over" in addition to its common
meaning, means:
(i) in relation to property, to bring about a
transfer or purported transfer to the obtainer or another of a
legally recognized interest in the property; or
(ii) in relation to labor or service, to secure
7 performance thereof for the benefits of the obtainer or another.
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means:
(f) "Wrongfully obtains" or "exerts unauthorized control'
(i) to take the property or services of another; or
(ii) having any property or services in one's
12 possession, custody or control as bailee, factor, pledgee, servant,
13 attorney, agent, employee, trustee, executor, administrator,
14 guardian, or officer of any person, estate, association, or corpor-
15 ation, or as a public officer, or person authorized by agreement
16 or competent authority to take or hold such possession, custody, or
17 control, to secrete, withhold, or appropriate the same to his own
18 use or to the use of any person other than the true owner or
19 person entitled thereto.
20 (g) "Owner" means a person, other than the actor, who
21 has possession of or any other interest in the property or services
22 involved, and without whole consent the actor has no authority to
23 exert control over the property or services.
24 (h) "Receive" includes, but is not limited to, acquiring
• 25 title, possession, control, or a security interest, or any other
26 interest in the property;
27 (i) "Services" includes, but is not limited to, labor,
28 professional services, transportation services, electronic computer
29 services, the supplying of hotel accommodations, restaurant
30 services, entertainment, the supplying of equipment for use, and
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the supplying of commodities of a public utility nature such as
gas, electricity, steam, and water;
(j) "Stolen" means obtained by theft, robbery, or
extortion.
(k) "Value" means the market value of the property or
services at the time and in the approximate area of the criminal
act.
(i) Whether or not they have been issued or
delivered, written instruments, except those having a readily
ascertained market value, shall be evaluated as follows:
(a) The value of an instrument constituting an
evidence of debt, such as a check, draft, or promissory note, shall
be deemed the amount due or collectible thereon or thereby, that
figure ordinarily being the face amount of the indebtedness less
any portion thereof which has been satisfied.
(b) The value of a ticket or equivalent
instrument which evidences a right to receive transportation,
entertainment, or other service shall be deemed the price stated
thereon, if any; and if no price is stated thereon, the value shall
be deemed the price of such ticket or equivalent instrument which
the issuer charged the general public.
(c) The value of any other instrument that
creates, releases, discharges, or otherwise affects any valuable
legal right, privilege, or obligation shall be deemed the greatest
amount of economic loss which the owner of the instrument might
reasonably suffer by virtue of the loss of the instrument.
(ii) Property or services having value that cannot
be ascertained pursuant to the standards set forth above shall be
deemed to be of a value not exceeding two hundred fifty ($250.00)
dollars.
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(2) Theft - Definition, Defense.
(a) "Theft" means:
(i) to wrongfully obtain or exert unauthorized
4 control over the property or services of another or the value
5 thereof, with intent to deprive him of such property or services;
6 or
7 (ii) by color or aid of deception to obtain control
8 over the property or services of another or the value thereof, with
9 intent to deprive him of such property or services; or
10 (iii) to appropriate lost or misdelivered property
11 or services of another, or the value thereof, with intent to
12 deprive him of such property or services.
13 (b) In any prosecution for theft, it shall be a suf-
14 ficient defense that the property or service was appropriated
15 openly and avowedly under a claim of title made in good faith, even
16 though.:the claim be untenable.
17 (3) Theft in the Third Degree. A person is guilty of theft
18 in the third degree if he commits theft of property or services
F
19 which does not exceed two hundredn($250.00) dollars in value.
20 Theft in the third degree is a Class I misdemeanor.
21 9.16.100 Criminal Possession of Leased or Rented Machinery,
22 Equipment, or Motor Vehicle.
23 (1) A person is guilty of criminal possession of leased or
24 rented machinery, equipment or a motor vehicle if the value thereof
25 does not exceed one thousand five hunered ($1500.00) dollars and if
26 he:
27 (a) After renting machinery, equipment or a motor
28 vehicle under an agreement in writing which provides for the return
29 of said item to a particular palce at a particular time, fails to
30 return the item to said place within the time specified, is there -
31 after served by registered or certified mail addressed to him at
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his last known place of residence or business with a written
demand to return said item within seventy -two hours from the time
of the service of such demand, and wilfully neglects to return
said item to any place of business of the lessor within five full
business days from the date of service of said notice; or
(b) After leasing machinery, equipment or a motor
vehicle under an agreement in writing which provides for periodic
rental or lease payment for a period greater than six months
duration, fails to pay the lessor for said item the periodic pay-
ments when due for a period of ninety days, is thereafter served by
registered or certified mail addressed to him at his last known
place of residence or business with a written demand to return the
item to any place of business of the lessor within seventy -two
hours from the time of the service of said demand and wilfully
neglects to return said item to any place of business of the
lessor within five full business days from the date of service of
said notice.
(2) "Wilfully neglects" as used in this section means omits,
fails or forebears with intent to deprive the owner of or exert
unauthorized control over the property, and specifically excludes
the failure to return the item because of a bona fide contract
dispute with the owner.
(3) It shall be a defense to any civil action arising out of
or involving the arrest or detention of any person who rents or
leases machinery, equipment or a motor vehicle that he failed to
return the item to any place of business of the lessor within five
full business days after receiving written demand therefor.
Criminal possession of leased or rented machinery, equipment or a
motor vehicle is a Class II misdemeanor.
9.16.110 Possessing Stolen Property - Definition -
Presumption.
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(1) "Possessing stolen property" means knowingly to receive,
retain, possess, conceal, or dispose of stolen property knowing
that it has been stolen and to withhold or appropriate the same to
the use of any person other than the true owner or person entitled
thereto.
(2) The fact that the person who stole the property has not
been convicted, apprehended, or identified is not a defense to a
charge of possessing stolen property.
(3) A person is guilty of possessing stolen property if he
possesses stolen property which does not exceed two hundred fifty
($250.00) dollars in value. Possessing stolen property is a
Class I misdemeanor.
9.16.120 Obscuring Identity of a Machine.
(1) A person is guilty of obscuring identity of a machine if
he knowingly:
(a) Obscures the manufacturer's serial number or any
other distinguishing identification number or mark upon any
vehicle, machine, engine, apparatus, appliance, or other device
with intent to render it unidentifiable;' or
(b) Possesses a vehicle, machine, engine, apparatus,
appliance, or other device held for sale knowing that the serial
number or other identification number or mark has been obscured.
(2) "Obscure" means to remove, deface, cover, alter, destroy,
or otherwise render unidentifiable.
(3) Obscuring identity of a machine is a Class I1 misdemeanor.
9.16.130 Unlawful Issuance of Bank Checks.
(1) Any person who shall with intent to defraud, make, or
draw, or utter, or deliver to another person any check, or draft,
on a bank or other depository for the payment of money, knowing at
the time of such drawing, or delivery, that he has not sufficient
funds in, or credit with said bank or other depository, to meet
said check or draft, in full upon its presentation, shall be
guilty of unlawful issuance of bank check.
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(2) The word "credit" as used herein shall be construed to
mean an arrangement or understanding with the bank or other
depository for the payment of such check or draft, and the utter-
ing or delivering of such a check or draft to another person
without such fund or credit to meet the same shall be prima facie
evidence of an intent to defraud.
(3) Any person who shall with intent to defraud, make, or
draw, or utter, or deliver to another person any check, or draft
on a bank or other depository for the payment of money and who
issues a stop - payment order directing the bank or depository on
which the check is drawn not to honor said check, and who fails to
make payment of money in the amount of the check or draft or
otherwise arrange a settlement agreed upon by the holder of the
check within thirty days of issuing said check or draft shall be
guilty of unlawful issuance of a bank check.
(4) Unlawful issuance of bank checks is a Class I misdemeanor.
9.16.140 Littering.
(1) Definitions. The following definitions apply in this
chapter:
(a) "Litter" means all waste material including but not
limited to disposable packages or containers thrown or deposited
as herein prohibited but not including the waste of primary
process of mining, logging, sawmilling, farming, or manufacturing.
(b) "Disposable Package or Container" means all
packages or containers defined as such by rules and regulations
adopted by the State of Washington Department of Ecology.
(2) Littering Prohibited. No person shall throw, drop,
deposit, discard, or otherwise dispose of litter upon any public
property in this city or upon private property in this city not
owned by him or in the waters within this city whether from a
vehicle or otherwise including but not limited to any public
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highway, public park, public beach, campground, forest land,
recreation area, trailor park, road, street or alley, EXCEPT:
(a) such properties designated by the city for the
disposal of garbage and refuse, and such person is authorized to
use such property for such purposes;
(b) into a litter recepticle in such a manner that the
litter would be prevented from being carried away or deposited by
the elements upon any part of said private or public property or
waters.
(3) Littering is a Class IT misdemeanor. In addition
thereto, except where infirmity or age or other circumstances
would create a hardship, such person shall be directed by the
court in which conviction is obtained to pick up and remove litter
from public property and /or private property, with prior permission
of the legal owner, for not less than eight hours nor more than
sixteen hours for each separate offense. The court shall schedule
the time to be spent on such activities in such a manner that it
does not interfere with the person's employment and does not
interefere substantially with the person's family responsibilities.
9.16.150 Reckless Burning.
(1) A person is guilty of reckless burning in the second
degree if he knowingly causes a fire or explosion, whether on his
own property or that of another, and thereby recklessly places a
building or other structure, or any vehicle, railway car, aircraft,
or watercraft, or any hay, grain, crop, or timber, whether cut or
standing, in danger of destruction or damage.
(2) Defense. In any prosecution for the crime of reckless
burning it shall be a defense if the defendant establishes by a
preponderance of the evidence that:
(a) No person other than the defendant had a possessory,
or pecuniary interest in the damaged or endangered property, or
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if other persons had such an interest, all of them consented to
the defendant's conduct; and
(b) The defendant's sole intent was to destroy or
damage the property for a lawful purpose.
(3) Reckless burning is a Class I misdemeanor.
9.16.160 Frauds on Innkeeper. Every person who shall obtain
any food, lodging or accommodation at any hotel, restaurant,
boarding house or lodging house without paying therefor, with
intent to defraud the proprietor or manager thereof, or who shall
obtain credit at a hotel, restaurant, boarding house or lodging
house by color or aid of any false pretense, representation,
token or writing, or who after obtaining board, lodging or accommo-
dation at a hotel, restaurant, boarding house or lodging house,
shall abscond or surreptitiously remove his baggage therefrom with-
out paying for such food, lodging or accommodation, shall be guilty
of a Class I misdemeanor.
9.16.170 Defrauding Taxicab or For -Hire Vehicles. Any
person who shall, with the intent to defraud, hire a taxicab or for-
hire vehicle, knowing at the time of such hiring that he has
insufficient funds to pay for the same, shall be guilty of defraud-
ing a taxicab or for -hire vehicle. Defrauding taxicab or for -hire
vehicles is a Class II misdemeanor.
9.16.180 Fraud in Operating Coin -Box Telephone or Other
Receptacle. Any person who shall knowingly and wilfully operate,
or cause to be operated, or who shall attempt to operate, or
attempt to cause to be operated, [any] coin -box telephone or other
receptacle designed to receive lawful coin of the United States of
America in connection with the sale, use or enjoyment of property
or service, by means of a slug or any false, counterfeited, mutila-
ted, sweated or foreign coin, or by any means, method, trick or
device whatsoever not lawfully authorized by the owner, lessee, or
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licensee of such machine, coin -box telephone or other receptacle
designed to receive lawful coin of the United States of America in
connection with the sale, use or enjoyment of property or service,
any goods, wares, merchandise, gas, electric current, article of
value, or the use or enjoyment of any telephone or telegraph
facilities or service without depositing in and surrendering to
such machine, coin -box telephone or receptacle lawful coin of the
United States of .America to the amount required therefor by the
owner, lessee or licensee of such machine, coin -box telephone or
receptacle, shall be guilty of a Class II misdemeanor.
9.16.190 Fraud in Obtaining Cable Television Services. Any
person who intentionally and knowingly obtains broadcast signals
from a cable antenna television system by making any connection
by wire to the cable, excepting from the wall outlet to the set,
and who makes the connection without the consent of the operator
of the system and in order to avoid payment to the operator shall
be guilty of a Class II misdemeanor.
9.16.200 Mischievious Conduct. It shall be unlawful for any
person to maliciously throw or project any rock, stone or other
projectile at or against any house, building, structure, or vehicle,
or, at or near any person. Mischievious conduct is a Class II
misdemeanor.
Chapter 9.20
CRIMINAL IMPERSONATION
9.20.010 Criminal Impersonation. A person is guilty of
criminal impersonation if he:
(1) assumes a false identity and does an act in his assumed
character with intent to defraud another or for any other unlawful
purpose; or
(2) pretends to be a representative of some person or
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1 organization or a public servant does an act in his pretended
2 capacity with intent to defraud another or for any other unlawful
3 purpose.
4 (3) Criminal impersonation is a Class I misdemeanor.
5
6 Chapter 9.24
7 PUBLIC DISTURBANCE
8 9.24.010 Riot. A person is guilty of the crime of riot if,
9 acting with three or more other persons, he knowingly and unlaw-
10 fully uses or threatens to use force, or in any way participates
11 in the use of such force, against any other person or against
12 property. The crime of riot is a Class I misdemeanor unless the
13 actor is armed with a deadly weapon, in which case the crime of
14 riot shall be a felony and beyond the jurisdiction of the
15 Municipal Court.
16 9.24.020 Failure to Disperse. A person is guilty of failure
17 to disperse if:
18 (1) He congregates with a group of three or more other
19 persons and there are acts of conduct within that group which
20 create a substantial risk of causing injury to any person, or
21 substantial harm to property; and
22 (2) He refuses or fails to disperse when ordered to do so by
23 a peace officer or other public servant engaged in enforcing or
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executing the law.
(3) Failure to disperse is a Class I misdemeanor.
9.24.030 Disorderly Conduct. A person is guilty of disorder-
ly conduct if he:
(1) uses abusive language and thereby intentionally creates
a risk of assault; or
(2) by act or gesture intentionally creates the risk of an
assault; or
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(3) intentionally disrupts any lawful assembly or meeting
of persons without lawful authority; or
(4) intentionally obstructs vehicular or pedestrian traffic
without lawful authority.
(5) knowingly urinates or defecates in any public or
private place other than a public restroom, toilet, or other
facility designed for such use.
(6) engages in assaultive behaviour with one or more persons
in any public place in the city.
(7) Disorderly conduct is a Class II misdemeanor.
9.24.040 Defense. In any prosecution under 9.24.030(4) the
fact that the act of urinating or defecating did not cause
reasonable affront or alarm to another shall not be a defense.
9.24.050 False Reporting. 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. False reporting is a Class I misdemeanor.
9.24.060 Disturbing the Peace.
(1) Every person who shall intentionally make or permit to
be made any excessive noise which unreasonably disturbs another
shall be guilty of a Class II misdemeanor.
(2) Every person who plays or permits to be played any radio,
television, musical instrument, stereo, or other machine or device
for producing or reproducing sound in any manner so as to unreason-
ably disturb another shall be guilty of a Class II misdemeanor.
(3) Every person who uses or permits to be used in a resi-
dential zone or in the vicinity of a hotel, motel or hospital, hand
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or power tools or machinery, resulting in loud and disturbing noises
between the hours of 9:00 PM and 7:00 AM,•shallbe guilty of a
Class II misdemeanor.
9.24.070 Telephone Calls to Harass, Intimidate, Torment or
Embarrass.
(1) Every person who, with intent to harass, intimidate,
torment or embarrass any other person, shall make a telphone call
to such other person:
(a) using any leud, lascivious, profane, indecent, or
obscene words or language or suggesting the commission of any leud
or lascivious act; or
(b) anonymously or repeatedly or at any extremely incon-
venient hour, whether or not conversations ensues; or
(c) threatening to inflict injury on the person or
property of the person called or any member of his family; or
(d) without purpose of legitimate communication;
shall be guilty of a Class I misdemeanor.
(2) Any person who knowingly permits any telephone under his
control to be used for any purpose prohibited by this code shall
be guilty of a Class I misdemeanor.
(3) Any offense committed by use of a telephone as set forth
in 9.24.070(1) and 9.24.070(2) may be deemed to have been committed
either at the place from which the telephone call or calls were
made or the place where the telephone call or calls were received.
Chapter 9.28
OFFENSES AGAINST PUBLIC MORALS
9.28.010 Public Indecency. A person is guilty of public
indecency if he makes any open and obscene exposure of his person
or the person of another knowing that such conduct is likely to
cause reasonable affront or alarm. Public indecency is a Class II
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misdemeanor unless such person exposes himself to a person under
the age of fourteen years in which case indecency is a Class I
misdemeanor.
9.28.020 Prostitution. A person is guilty of prostitution
if such person engages or agrees or offers to engage in sexual
conduct with another person in return for a fee. Prostitution is
a Class I misdemeanor.
(1) Prostitution - Sex of Parties Immaterial - No Defense.
In any prosecution for prostitution, the sex of the two
parties or prospective parties to the sexual conduct engaged in,
contemplated, or solicited is immaterial, and it is no defense
that:
(a) such persons were of the same sex; or
(b) the person who received, agreed to receive, or
solicited a fee was a male and the person who agreed or offered to
pay such fee was a female.
(2) Permitting Prostitution. A person is guilty of permit-
ting prostitution if, having possession or control of premises
which he knows are being used for prostitution purposes, he fails
without lawful excuse to make a reasonable effort to halt or abate
such use. Permitting prostitution is a Class I misdemeanor.
Chapter 9.30
OBSTRUCTING GOVERNMENTAL OPERATION
9.30.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise requires:
(1) "Custody" means restraint pursuant to a lawful arrest
or an order of a court.
(2) "Detention Facility" means any place used for the confine-
ment of a person,
(a) arrested for, charged with or convicted of an offensea
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(b) charged with being or adjudicated to be a
dependent or delinquent child as defined in RCW 12.04.010 as now
or hereafter amended,
(c) held for extradition or as a material witness,
(d) otherwise confined pursuant to an order of a court,
(e) in any work release, furlough, or other such
facility or program.
(3) "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.
9.30.020 Obstructing a Public Servant. Every person who,
(1) without lawful exuse shall refuse or knowingly fail to make or
furnish any statement, report, or information lawfully required of
him by a public servant, or (2) in any such statement or report
shall make any knowingly untrue statement to a public servant, or
(3) shall knowingly hinder, delay, or obstruct any public servant
in the discharge of his official power or duties; shall be guilty
of a Class II misdemeanor.
9.30.030 .Refusing to Summon Aid for a Peace Officer. 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 un-
reasonably refuses or fails to summon aid for such peace officer.
Refusing to summon aid for a peace officer is a Class I misdemeanor
9.30.040 Resisting Arrest. A person is guilty of resisting
arrest if he intentionally prevents, or attempts to prevent a
peace officer from arresting him. Resisting arrest is a Class I
misdemeanor.
9.30.050 Rendering Criminal Assistance.
(1) Definitions. 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
is being sought by law enforcement officials for the commission of
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a crime 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.
(2) Rendering Criminal Assistance. A person is guilty of ren-
dering criminal assistance if he renders criminal assistance to a per-
son who has committed a gross misdemeanor or misdemeanor. Rendering
criminal assistance in the third degree is a Class I misdemeanor.
9.30.060 Compounding. A person is guilty of compounding if:
(1) He requests, accepts, or agrees to accept any pecuniary
benefit pursuant to an agreement or understanding that he will re-
frain from initiating a prosecution for a crime; or
(2) He confers, or offers or agrees to confer, any pecuniary
benefit upon another pursuant to an agreement or understanding
that such other person will refrain from initiating a prosecution
for a crime. Compounding is a Class I misdemeanor.
9.30.070 Escape in the Third Degree. A person is guilty of
escape in the third degree if he escapes from custody. Escape in
the third degree is a gross misdemeanor.
9.30.080 Introducing Contraband in the Third Degree. A
person is guilty of introducing contraband in the third degree if
he knowingly and unlawfully provides contraband to any person con-
fined in the city jail. Introducing contraband is a Class I mis-
demeanor.
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9.30.090 Failure to Appear. It
person charged with a violation under
of Port Allgeles, having been released
order of the court, signed promise to
bail or bond, with requirement of
before the judge of the Municipal
appear when required. Failure to
shall be unlawful for any
the ordinances of the City
on personal recognizance,
appear, or the posting of
subsequent personal appearance
Court, to
appear is
wilfully fail to
a Class I
misdemeanor.
9.30.100 Official Misconduct.
(1) 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:
(a)
color of law;
(b)
He intentionally commits an unauthorized act under
or
He intentionally refrains from performing a duty
imposed upon him by law.
(2) Official misconduct is a Class I misdemeanor.
Chapter 9.34
CONTROLLED SUBSTANCES
9.34.010 Possession of Marijuana. It shall be unlawful
unless otherwise provided by state law for a person, firm or cor-
portation to possess any part of the plant Cannabis Satiya L,,
commonly known as marijuana, or any other cannabis plant whether
growing or not; the seeds thereof, the resin extracted from any
part of such plant; and every compound, manufacture, salt, deriv-
ative, mixture, or preparation of such plant, its seeds, or resin;
but shall not include the mature stalks of such plant, fiber
produced from such stalks, oil or cake made from the seeds of such
plant, any other compound, manufacture, salt, derivative, mixture
or preparation of such mature stalks, fiber, oil or cake, or the
sterilized seed of such plant which is incapable of germination
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1 except upon the order or prescription of a physician, surgeon,
2 dentist or veterinary surgeon duly licensed to practice in the
3 State of Washington; provided however, that the above provisions
4 shall not apply to the possession by drug jobbers, drug whole-
5 Balers, and drug manufacturers, to registered pharmacists or to
6 physicians, dentists, or veterinary surgeons; or to public
7 officers or their employees in the performance of their official
8 duties requiring possession or control of marijuana; or to tempor-
9 ary incidential possession by employees or agents of persons law-
10 fully entitled to possession, or by persons whose possession is
11 for the purpose of aiding public officers in performing their
12 official duties. Possession of marijuana is a Class II misdemeanor.
13 9.:34:.020 Glue Sniffing.
14 (1) Definitions. As used in this chapter, the phrase "Glue
15 containing a solvent having the property of releasing toxic vapors
16 or fumes" shall mean and include any glue, cement, or other ad-
17 hesive containing one or more of the following chemical compounds:
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(a) Acetone;
(b) Amylacetate
(c) Benzol or benzene;
(d) Butyl acetate;
(e) Butyle alcohol;
(f); Chloroform;
(h) Cyclohexanone;
(i) Ethanol or ethyl alcohol;
(j) Ethyl acetate;
(k) Hexane;
(1) Isopropanol or isopropyl alcohol;
(m) Isopropyl acetate;
(n) Methyl "cellosolve" acetate;
(o) Methyl ethyl ketone;
(p) Methyl isobutyl ketone;
(q) Toluol or toluene;
(r) Trichlorethylene;
(s) Tricresyl phosphate;
(t) Xylol or Xylene; or
(u) Any other solvent, material substance, chemical
or combination thereof, having the property of
releasing toxic vapors.
(2) Glue Sniffing - Unlawful Inhalation - Exception. It
shall be unlawful for any person to intentionally smell or inhale
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the fumes of any type of glue as defined in Section 9.34.020(1) or
induce any other person to do so, for the purpose of causing a
condition of, or inducing symptoms of intoxication, elation,
euphoria, dizziness, excitement, irrational behavior, exhilaration,
paralysis, stupefaction or dulling of the senses of the nervous
system, or for the purpose of, in any manner, changing, distorting
or disturbing the audio, visual or mental processes; provided,
however, that this section shall not apply to the inhalation of any
anesthesia for medical or dental purposes.
(3) Glue Sniffing - Possession of Certain Glue Prohibited,
When. No person shall, for the purpose of violating Section 9.34.
020(2), use, or possess for the purpose of so using, any glue
containing a solvent having the property of releasing toxic vapors
or fumes.
(4) Glue Sniffing - Sale of Certain Glue Prohibited, When.
No person shall sell, offer to sell, deliver, or give to any other
person under eighteen years of age any tube or other container of
glue containing a solvent having the property of releasing toxic
vapors or fumes, if he has knowledge that the product sold,
offered for sale, delivered or given will be used for the purpose
set forth in Section 9.34.030(2).
(5) Glue Sniffing - Penalty. Any person who violates the
provisions of 9.34.020 shall be guilty of a Class II misdemeanor.
9.34.030 Furnishing Liquor to Minors. Except in the case of
liquor given or permitted to be given to a person under the age of
twenty-one years by his parent or guardian for beverage or medic=
inal purposes, or administered to him by his physician or dentist
for medicinal purposes, no person shall give, or otherwise supply
liquor to any person under the age of twenty -one years, or permit
any person under that age to consume liquor on his premises or on
any premises under his control. Furnishing liquor to a minor is
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1 a Class I misdemeanor.
2 9.34.040 Minor in Possession of Liquor. It is unlawful
3 for any person under the age of twenty -one years to acquire or
4 have in his possession, or consume, any liquor except as provided in
5 Section 9.34.130 PAMC, and except when such liquor is being used in
8 connection with religious services. Any person who violates the
7 provisions of this section shall be guilty of a Class II
8 misdemeanor.
9
9.34.050 Minor Purchasing or Attempting to Purchase Liquor.
10 It shall be unlawful for any person under the age of twenty -one
11 years to purchase or attempt to purchase liquor. Minor purchasing
12 or attempting to purchase liquor is a Class II misdemeanor.
13 9.34.060 Treating Minor, etc., in Public Place Where Liquor
14 Sold. Any person who invites a minor into a public place where
15 liquor is sold and treats, gives or purchases liquor for such
18 minor, or permits a minor to treat, give or purchase liquor for
17 him; or holds out such minor to be over the age of twenty -one years
18 to the owner of the liquor establishment shall be guilty of a
19 Class II misdemeanor.
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9.34.070 Minor Frequenting Taverns - Misrepresentation of
(1) It shall be a Class II misdemeanor:
(a) to serve or allow to remain on the premises of any
tavern any person under the age of twenty -one years.
(b) for any person under the age of twenty -one years to
enter or remain on the premises of any tavern.
(c) for any person under the age of twenty -one years to
represent his age as being twenty -one or more years for the purpose
of securing admission to or remaining on the premises of any
tavern.
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9.34.080 Minors Wilfully Present Where Intoxicating Liquor
is Being Unlawfully Possessed or Consumed.
(1) It shall be unlawful for any person in control of a
motor vehicle to permit any person under the age of twenty -one
years to consume intoxicating liquor in said vehicle.
(2) It shall be unlawful for any person under the age of
twenty -one years to be wilfully present on any premises or in any
vehicle in which intoxicating liquor is being unlawfully possessed
or consumed contrary to state law, and every person voluntarily
in said vehicle or present on said premises with knowledge of the
fact that intoxicating liquor is unlawfully being possessed or
consumed, shall be equally guilty with the person or persons
possessing or consuming intoxicating liquor contrary to state law
or city ordinance as now existing or hereafter amended.
(3) In any proceeding under sections (1) and (2), presence
at a party or social gathering or in a vehicle where intoxicating
liquor is being consumed contrary to city ordinances or state law
shall establish prima facie knowledge of unlawful consumption.
(4) Penalties. Every person who is convicted of a violation
of the provisions of this section shall be guilty of a Class II
misdemeanor.
9.34.090 Alcoholic Beverages. It shall be unlawft:.1 for any
person to open or consume alcoholic beverages in any public place
in the city wherein such conduct is not otherwise permitted by the
laws of the State of Washington or ordinances of the City of Port
Angeles as now existing or hereafter enacted or amended. Consuming
alcohol in public is a Class II misdemeanor.
9.34.100 Persons Wilfully Present Where Marijuana Is Being
Unlawfully Possessed or Consumed.
(1) It shall be unlawful for any person to be wilfully
present on any premises or in any vehicle where marijuana is being
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possessed or used contrary to state law, and every person
voluntarily in said vehicle or present on said premises with
knowledge of the fact that marijuana is being unlawfully possessed
or used shall be equally guilty with the person or persons pos-
sessing or using marijuana contrary to state law or city ordinances
as now existing or hereafter amended. Presence at a party or
social gathering or in a vehicle where marijuana is being possessed
or used contrary to city ordinances or state law shall establish
prima facia knowledge of the unlawful possession or use.
(2) Any person wilfully present where marijuana is being
unlawfully possessed or used shall be guilty of a Class II
misdemeanor.
9.34.110 Sales to Persons Apparently Under the Influence of
Liquor. Any person selling any liquor to any person apparently
under the influence of liquor shall be guilty of a Class II
misdemeanor.
9.34.120 Drinking in a Public Conveyance - Penalty Against
Carrier. Every person engaged wholly or in part in the business of
carrying passengers for hire, and every agent, servant or employee
of such person, who shall knowingly permit any person to drink
intoxicating liquor in any public conveyance, except in the com-
partment where such liquor is sold or served under the authority
of a license lawfully issued, shall be guilty of a Class II
misdemeanor.
9.34.130 Drinking in a Public Conveyance - Penalty Against
Individual. Every person who shall drink any intoxicating liquor
in any public conveyance, except in a compartment or place where
sold or served under the authority of a license lawfully issued,
shall be guilty of a Class II misdemeanor.
9.34.140 Unlawful Transfer to a Minor of an Identification
of Age. Any person who transfers in any manner an identification
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of age to a minor for the purpose of permitting such minor to
obtain alcoholic beverages shall be guilty of a misdemeanor,
provided, that corroborative testimony of a witness other than
the minor shall be a condition precedent to conviction. Unlawful
transfer to a minor of an identification of age shall be a
Class II misdemeanor.
9.34.150 Licensed Premises Open to 'Inspection - Failure to
Allow. All licensed premises used in the manufacture, storage or
sale of liquor, or any premises or parts of premises used or in
any way connected, physically or otherwise, with a licensed business,
shall at all times be open to inspection by any inspector or peace
officer. Every person being on any such premises and having charge
thereof, who refuses or fails to admit an inspector or peace
officer demanding to enter therein pursuant to this section and in
execution of his duty, or who obstructs or attempts to obstruct
the entry of such inspector or officer of the peace, or who refuses
to allow an examination of the books of the licensee or who refuses
or neglects to make any return pursuant to Title 66 RCW or regula-
tions promolugated pursuant thereto shall be guilty of a Class II
misdemeanor.
9.34.160 Lighting. All holders of retail licenses for the
sale of liquor for consumption on the premises shall provide in and
about the parts of such premises, which are open to and are used
by the public, sufficient lighting so that all objects are plainly
visible at all times and all parts of such premises shall be
illuminated so that patrons on any part of the premises on which
intoxicating liquor is served shall be able to read a menu or
liquor list printed in eight point type. Improper lighting is a
Class II misdemeanor.
9.34.170 Closing Hours. No retail licensee, or employee
thereof, shall sell, deliver, offer for sale, serve or allow to be
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consumed upon the licensed premises any liquor, or permit the
removal of any liquor from the licensed premises in any manner
whatsoever between the hours of 2 :00 AM and 6:00 AM, except on
New Year's Day when the hour of closing shall not be later than
3:00 AM. Violation of closing hours shall be a Class II misde-
meanor.
9.34.180 Conduct on Licensed Premises.
(1) No licensee, or employee thereof, shall be disorderly,
boisterous or intoxicated on the licensed premises, or on any
public premises adjacent thereto which are under the licensee's
control, nor shall any licensee, or employee thereof, permit any
disorderly, boisterous or intoxicated person to be thereon; nor
shall any licensee, or employee thereof, use or allow the use of
profane or vulgar language thereon.
(2) No licensee, or employee thereof, shall consume liquor
of any kind while working on the licensed premises.
. Improper conduct on licensed premises:.: shall be a Class II
misdemeanor.
Chapter 9.38
MISCELLANEOUS CRIMES
9.38.010 Leaving Children Unattended. It shall be unlawful
for any person having in his custody, or under his control, as
parent, guardian or otherwise, any child under the age of twelve
years to place or leave said child unattended by a competent or
responsible person in a car, home or under any other circumstances
whereby said child may be in danger or suffer through want of
attention to its needs. Leaving children unattended is a Class II
misdemeanor.
9.38.020 Leaving Motor Vehicle Unattended. It shall be un-
lawful for any person driving or in charge of a motor vehicle to
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permit it to stand unattended in any public place or in any used
or new -car lot, without first stopping the engine, locking the
ignition, removing the ignititon key from the vehicle and effec-
tively setting the brake thereon. A registered owner of a vehicle
found in violation of this section shall be presumed to have been
in control of the vehicle at the time the violation occurred.
Leaving a motor vehicle unattended shall be a Class II misdemeanor.
9.38.030 Restraining Orders - Notice - Refusal to Comply -
Penalty - Defense.
(1) Any person having had acutual notice of the existence
of a restraining order issued by a court of competent jurisdiction
in an action for the dissolution of a marriage under this chapter
who refuses to comply with the provisions of such order when re-
quested by any peace officer of the state shall be guilty of a
Class I misdemeanor.
(2) The notice requirements of subsection (1) may be satis-
fied by the peace officer giving oral or written evidence to the
person subject to the order by reading from or handing to that
person a copy certified to be an accurate copy of the original on
file by a notary public or the clerk of the court, of the court
order, which copy may be supplied by the court, the complainant or
the complainant's attorney.
(3) The remedies provided by this section shall not apply
unless restraining orders subject to this section shall bear the
legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS
IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND IS ALSO SUBJECT
TO CIVIL CONTEMPT PROCEEDINGS.
(4) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law or
court rule; provided, that no right of action shall accrue against
any peace officer acting upon a properly certified copy of a court
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1 order lawful on its face if such officer employs otherwise lawful
2 means to effect the arrest.
3 9.38.040 Abandoning, Discarding - Refrigeration Equipment.
4 (1) Any person who discards or abandons or leaves-in any place
5 accessible to children any refrigerator, ice box, or deep freeze
6 locker having a capacity of one and one -half cubic feet or more,
7 which is no longer in use, and which has not had the door removed
8 or a portion of the latch mechanism removed to prevent latching or
9 locking of the door, is guilty of a Class II misdemeanor.
10 (2) Any owner, lessee, or manager who knowingly permits such
11 an unused refrigerator, ice box, or deep freeze locker to remain
12 on the premises under his control without having the door removed
13 or a portion of the latch mechanism removed to prevent latching or
14 locking of the door, is guilty of a Class II misdemeanor.
15 (3) Any person who keeps or stores refrigerators, ice boxes,
16 or deep freeze lockers for the purpose of selling or offering them
17 for sale shall not be guilty of a violation of this section if he
18 takes reasonable precautions to effectively secure the door of any
19 refrigerator, ice box, or deep freeze locker held for purpose of
20 sale so as to prevent entrance of children small enough to fit
21 into such articles.
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9.38.050 United States and State Flags, Crimes Relating To.
(1) "Flag ". The words flag, standard, color, ensign or
shield, as used in this section shall include any flag, standard,
color, ensign or shield, or copy, picture or representation
thereof, made of any substance or represented or produced thereon,
and of any size, evidently purporting to be such flag, standard,
color, ensign or shield of the United States or of this state, or
a copy, picture or representation thereof.
(2) Improper Use of Flag Prohibited. No person shall, in any
manner, for exhibition or display:
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(a) Place or cause to be placed any word, figure, mark,
picture, design, drawing or advertisement of any nature upon any
flag, standard, color, ensign or shield of the United States or of
this state, or authorized by any law of the United States or of
this state; or
(b) Expose to public view for sale, manufacture, or
otherwise, or to sell, give, or have in possession for sale, for
gift or for use for any purpose, any substance, being an article
of merchandise, or recepticle, or thing for holding or carrying
merchandise, upon or to which shall have been produced or attached
any such flag, standard, color, ensign or shield, in order to
advertise, call attention to decorate, mark or distinguish such
article or substance.
(3) Desecration of Flag. No person shall knowingly cast
contempt upon any flag, standard, color, ensign or shield, as
defined in Section 9.38.050(1) by publicly mutilating, defacing,
defiling, burning, or trampling upon said flag, standard, color,
ensign or shield.
(4) Application of Provisions. This section shall not apply
to any act permitted by the statutes of the United States or of
this state, or by the United States army and navy regulations, nor
shall it apply to any printed or written document or production,
stationery, ornament, picture or jewelry whereon shall be depicted
said flag, standard, color, ensign or shield with no design or
words. thereon and disconnected with any advertisement.
(5) Any violation of this section shall be Class II misde-
meanor.
9.38.060 Criminal Contempt. Every person who shall commit a
contempt of court of any one of the following kinds shall be guilty
of a Class I misdemeanor:
(1) Disorderly, contemptuous or insolent behavior committed
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during the sitting of the court, in its immediate view and
presence, and directly tending to interrupt its proceedings or to
impair the respect due to its authority; or
(2) Behavior of like character in the presence of a referee,
while acutally engaged in a trial or hearing pursuant to an order
of court, or in the presence of a jury while actually sitting in
the trial of a cause or upon an inquest or other proceeding
authorized by law; or,
(3) Breach of the peace, noise or other disturbance directly
tending to interrupt the proceedings of a court, jury or referee;
or,
(4) Wilful disobedience to the lawful process or mandate of
a court; or,
(5) Resistance, wilfully offered, to its lawful process or
mandate; or,
(6) Contumacious and unlawful refusal to be sworn as a
witness or, after being sworn, to answer any legal and proper
interrogatory; or,
(7) Publication of a false or grossly inaccurate report of
its proceedings; or,
(8) Assuming to be an attorney or officer of a court or
acting as such without authority.
Chapter 9.42
WEAPONS
9.42.010 Definitions. In this chapter, unless a different
meaning plainly is required:
(1) "Pistol" means any firearm with a barrel less than twelve
inches in length.
9.42.020 Carrying Pistol. No person shall carry a pistol in
any vehicle unless it is unloaded or carry a pistol concealed on
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his person, except in his place of abode or fixed place of
business, without a license therefor as hereinafter provided.
Carrying a loaded pistol in vehicle or concealed without a license
is a Class I misdemeanor.
9.42.030 Exception to Carrying Pistol Restriction. The
provisions of Section 9.42.020 shall not apply to marshals,
sheriffs, prison or jail wardens or their deputies, policemen or
other law enforcement officers, or to members of the army, navy or
marine corps of the United States or of the national guard or
organized reserves when on duty, or to regularly enrolled members
of any organization duly authorized to purchase or receive such
weapons from the United States or from this state, or to regularly
enrolled members of clubs, organized for the purpose of target
shooting or modern and antique firearm collecting or to individual
hunters; provided, such members are at, or are going to or from
their places of target practice, or their collector's gun shows
and exhibits, or are on a '.hunting, camping or fishing trip, or to
officers or employees of the United States duly authorized to carry
a concealed pistol, or to any person engaged in the business of
manufacturing, repairing, or dealing in firearms or the agent or
representative of any such person having in his possession, using,
or carrying a pistol in the usual or ordinary course of such
business, or to any person while carrying a pistol unloaded and in
a secure wrapper from the place of purchase to his home or place
of business orto.a place of repair or back to his home or place of
business or in moving from one place of abode or business to
another.
9.42.040 Weapons Apparently Capable of Producing Bodily
Harm, Carrying, Exhibiting, Displaying or Drawing Unlawful -
Penalty - Exceptions. It shall be unlawful for anyone to carry,
exhibit, display or draw any firearm, dagger, sword, knife or
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other cutting or stabbing instrument, club, or any other weapon
apparently capable of producing bodily harm, in a manner, under
circumstances, and at a time and place that either manifests an
intent to intimidate another or that warrants alarm for the safety
of other persons; provided that this section shall not apply to or
affect the following:
(1) Any act committed by a person while in his place of
abode or fixed place of business;
(2) Any person who by virtue of his office or public employ-
ment is vested by law with a duty to preserve public safety,
maintain public order, or to make arrests for offenses, while in
the performance of such duty;
(3) Any person acting for the purpose of protecting himself
against the use of presently threatened unlawful force by another,
or for the purpose of protecting another against the use of such
unlawful force by a third person;
(4) Any person engaged in military activities sponsored by
the federal or state governments.
(5) Any person violating the provisions of this section shall
be guilty of a Class I misdemeanor.
9.42.050 Discharging Firearms. It shall be unlawful for any
person to fire or discharge any gun, pistol, or firearm of any type
within the City of Port Angeles; provided that this section shall
not apply to peace officers engaged in the lawful performance of
their duties, or persons discharging starting guns at athletic
events, or to persons target shooting at a duly licensed shooting
gallery in a carnival, circus, fair, parade, or unless otherwise
allowed by ordinances of City of Port Angeles or State of Washing-
ton. Discharging firearms shall be a Class II misdemeanor.
9.42.060 Air Guns. It shall be unlawful for any person to
use or discharge air guns, "BB" guns, slingshots or any other device
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capable of shooting or hurling pellets, slugs, "BB" shot, buck-
shot or any other missile or pellet over, along, or across any
public street, alley or property within the city.
(1) Any air gun, "BB" gun, or other device used in violation
of 9.42.060 may be confiscated by the Port Angeles Police Depart-
ment and forfeited to the City of Port Angeles. Discharging
airguns shall be a Class II misdemeanor.
9.42.070 Possession of Firearms by Minor. No minor under
the age of fourteen years shall handle or have in his possession
or under his control, except while accompanied by or under the
immediate charge of his parent or guardian or other adult approved
for the purpose of this section by the parent or guardian, or while
under the supervision of a certified safety instructor at an
established gun range or firearm training class, any firearm of
any kind for hunting or target practice or for other purposes.
Every person violating any of the foregoing provisions, or aiding
or knowingly permitting any such minor to violate the same, shall
be guilty of a Class II misdemeanor.
9.42.080 False Information Forbidden. No person shall, in
purchasing or otherwise securing delivery of a pistol or in
applying for a license to carry the same, give false information
or offer false evidence of his identity. Supplying false information
shall be a Class II misdemeanor.
9.42.090 Forfeiture of Weapons. When any person shall be
found guilty under Sections 9.42.020, or 9.42.040, the pistol,
weapon, or weapons involved in the offense shall be confiscated
by the Chief of Police and forfeited to the City of Port Angeles.
PASSED by the City Council of the City of Port Angeles at a
regular meeting of the Council held on the 17 day of g4z.t.�r
�. ./ .4!„.
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t.r
ATTEST:
Marian C. Parrish, City Clerk
APPROVED AS TO FORM:
Craig L Miller, City Attorney
UBLISHED:
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