Ordinance 2531RPB : j t
8/21/85
ORDINANCE NO. 2531
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
REVISING AND REORGANIZING THE CITY'S CRIMINAL
ORDINANCES BY REPEALING PORTIONS OF TITLE FIVE OF
THE EDMONDS MUNICIPAL CODE; ADOPTING NEW CHAPTERS
5.01 THROUGH 5.50, INCLUDING THE ADOPTION BY
REFERENCE OF CERTAIN STATE STATUTES WHICH DEFINE
CRIMINAL OFFENSES AND ESTABLISH PENALTIES; AND
RENUMBERING CERTAIN CHAPTERS AND SECTIONS WITHIN
SAID TITLE FIVE.
WHEREAS, the Edmonds City Council finds that Title Five
of the Edmonds Municipal Code has become outdated and is in need
of revision to bring about consistency with state criminal
statutes, ensure properly defined crimes and specify appropriate
penalties for violations, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1.
The following chapters of the Edmonds
Municipal Code are hereby repealed:
5.12 Preliminary Article
5.13 Principles of Liability
5.14 Defenses
5.15 Anticipatory Offenses
5.16 Offenses Against Persons
5.17 Crimes Against Property
5.19 Crimes By and Against Juveniles
5.20 Crimes Against Public Order
5.21 Obstructing Governmental Operations
5.24 Offenses Against Public Morals
5.25 Miscellaneous Crimes
5.30 Dangerous Drugs, Controlled Substances and
Unlawful Compounds
5.40 Firearms and Dangerous Weapons
5.42 Unfair Housing
Section 2. The following chapters and corresponding
sections of the Edmonds Municipal Code are hereby renumbered as
follows:
New
Cha ter No.
Boating code
5.10
Fireworks
5.26
Noise abatement
& control
5.30
Park regulations
5.32
Public morals, crimes
relating to
5.38
violations bureau
5.48
Penalties
5.50
Current Chapter No.
5.41
5.29
5.35
5.43
5.24
5.02
5.45
Section 3. There is hereby added to the Edmonds
Municipal Code new chapters 5.01 through 5.50, a copy of which is
attached hereto and incorporated herein by reference. The state
statutes referenced in said chapters are specifically adopted as
a part of the Edmonds Municipal Code as if set forth herein.
Section 4. The provisions of this ordinance do not
apply to or govern the construction of and punishment for any
offense committed prior to the effective date of this ordinance,
or to the construction and application of any defense to a prose-
cution 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.
Section 5. Incident to the adoption by reference of
certain state laws contained in the Revised Code of Washington,
one copy of the text of the statutes adopted by reference in this
- 2 -
ordinance shall be filed with the City Clerk as required by RCW
35A.12.140 for use and examination by the public.
Section 6. This ordinance and the penalty provision
contained in Section 5.24.050 of Title 5 which is adopted herein
by reference shall be published in the official newspaper of the
City, and shall take effect and be in full force thirty (30) days
after the date of publication.
APPROVED:
LU">
MAYOR, LA RY S. NAUGHTEN
ATTEST/AUTHENTICATED:
GPI CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFIC F T CIT TTORNEY:
BY
FILED WITH THE C Y CLERK: p)' %5PLztj IS85-
PASSED BY THE CITY COUNCIL: November 4, 1985
PUBLISHED: November 9, 1985
EFFECTIVE DATE: December 9, 1985
ORDINANCE NO. 2531
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9/30/85
CITY OF EDMONDS
TITLE 5
PUBLIC SAFETY AND MORALS
Index to Chapters:
5.01
Preliminary Article
5.02
Advertising, Crimes Relating To
5.04
Alcoholic Beverages
5.05
Animals, Control and Crimes Relating To
5.08
Anticipatory Offenses
5.10
Boating Code
5.12
Children and Minors, Crimes Relating To
5.14
Controlled Substances, Paraphernalia and Toxic
Fumes
5.22
Fire, Crimes Relating To
5.24
Firearms and Dangerous Weapons
5.26
Fireworks
5.28
Frauds, Swindles and False Representations
5.30
Noise Abatement and Control
5.32
Park Regulations
5.34
Persons, Crimes Relating To
5.36
Property, Crimes Relating To
5.38
Public Morals, Crimes Relating To
5.40
Public Officers, Crimes Relating To
5.42
Public Peace, Crimes Relating To
5.46
Miscellaneous Crimes
5.48
Violations Bureau
5.50
Penalties and Court Costs
Index to Sections:
5.01 Preliminary Article
5.01.010 General provisions
5.01.020 Principles of liability
5.01.030 Defenses
5.01.040 Contempt
5.01.050 Construction
5.01.060 Severability
5.02 Advertising, Crimes Relating To
5.02.010 Advertising, prohibitions
5.04 Alcoholic Beverages
5.04.010 Alcoholic beverage control and enforcement
5.05 Animals, Control and Crimes Relating To
5.05.001-.300: Formerly codified as ECC 5.05.001-.300
5.08 Anticipatory Offenses
5.08.010 Anticipatory offenses prohibited
5.10 Boating__Code
5.10.010-.090: Formerly codified as ECC 5.41.010-.090
5.12 Children and Minors, Crimes Relating To
5.12.010 Children and Minors - Conduct prohibited
A. Leaving children unattended in parked vehicle
B. Communication with a minor for immoral
purposes
C. Definitions
D. Possession of depictions of minor engaged in
sexually explicit conduct
E. Processors of depictions of minor engaged in
sexually explicit conduct
5.12.020 Contributing to the delinquency of a minor
5.14 Controlled Substances, Paraphernalia.and Toxic Fumes
5.14.010 Controlled substances
5.14.020 Possession of paraphernalia prohibited
5.14.030 Inhaling toxic fumes
5.22 Fire, Crimes Relating To
5.22.010 Reckless burning
5.22.020 Fire - Miscellaneous crimes
5.24 Firearms and Dangerous Wea ons
5.24.010 Firearms and dangerous weapons - Prohibitions
5.24.020 Aiming or discharging weapons
5.24.030 Discharge of firearms prohibited
5.24.040 Weapons prohibited on liquor sale premises
5.24.050 Penalty
- 2 --
5.26 Fireworks
5.26.010-.240: Formerly codified as ECC 5.29.010-.240
5.28 Frauds, Swindles and False Representations
5.28.010 Frauds and swindles prohibited
5.28.020 False representations
5.30 Noise Abatement and Control
5.30.010-.240: Formerly codified as ECC 5.35.010-.240
5.32 Park Re ulations
5.32.010-.140: Formerly codified as ECC 5.43.010-.140
5.34 Persons, Crimes Relating_To
5.34.010 Assault and other crimes involving physical harm
5.34.020 Placing a person in fear or apprehension by threat
5.34.030 Domestic violence
5.34.040 Violation of no contact orders
5.34.050 Custodial interference
5.36 Property, Crimes Relating To
5.36.010 Theft, UIBC and related crimes
5.36.020 Malicious mischief
5.36.040 Trespass and related crimes
5.36.050 Nuisance
5.38 Public Morals, Crimes Relating To
5.38.010-.120: Formerly codified as ECC 5.24.010-.120
5.40 Public Officers, Crimes Relatin To
5.40.010 Obstructing public officers
5.40.020 Obstructing justice, criminal assistance,
introducing contraband and related offenses
5.40.030 Escape
5.42 Public Peace, Crimes Relating To
5.42.010 Disorderly conduct
5.42.020 Riot, failure to disperse, and obstruction
5.42.030 Privacy, violating right of
5.42.040 Libel and slander
5.42.050 Malicious prosecution - Abuse of process
- 3 -
5.46 Miscellaneous Crimes
5.46.010 Conduct prohibited
5.46.020 Littering and Pollution
5.46.030 United States and state flags, crimes relating to
5.46.040 Unlawful possession of library books
5.48 Violations Bureau
5.48.010-.080: Formerly codified as ECC 5.20.010-.080
5.50 Penalties and Court Costs
5.50.010-.030: Formerly codified as ECC 5.45.010-.030
- 4 -
Chapter 5.01
Preliminary Article
Sections:
5.01.010
General provisions
5.01.020
Principles of liability
5.01.030
Defenses
5.01.040
Contempt
5.01.050
Construction
5.01.060
Severability
5.01.010 General provisions. The following statutes of the
state of Washington are adopted by reference:
A.
RCW
9.01.055
Citizen immunity of aiding officer
B.
RCW
9.01.110
omission, when not punishable
C.
RCW
9.01.130
Sending letter, when complete
D.
RCW
9A.04.020
Purposes - principles of construction
E.
RCW
9A.04.050
People capable of committing crimes
(capability of children)
F.
RCW
9A.04.060
Common law to supplement statutes
G.
RCW
9A.04.070
Who amenable to criminal statutes
H.
RCW
9A.04.090
Application of general provisions of the
code
I.
RCW
9A.04.100
Proof beyond a reasonable doubt
J.
RCW
9A.04.110
Definitions
5.01.020 Principles of liability. The following statutes of the
state of Washington are adopted by reference:
A. RCW 9A.08.010 General requirements of culpability
B. RCW 9A.08.020 Liability of conduct of another,
complicity
C. RCW 9A.08.030 Criminal liability of corporations and
persons acting under a duty to act in
their behalf
5.01.030 Defenses. The following statutes of the state of
Washington are adopted by reference:
A.
RCW
9A.12.010
Insanity
B.
RCW
9A.16.010
Definition
C.
RCW
9A.16.020
Use of force --When lawful
D.
RCW
9A.16.060
Duress
E.
RCW
9A.16.070
Entrapment
- 5 -
F. RCW 9A.16.080 Action for being detained on mercantile
establishment of premises for
investigation -"Reasonable grounds" as
defense.
G. RCW 9A.16.090 Intoxication
5.01.040 Contempt. The following statutes of the State of
Washington are hereby adopted by reference:
(A) RCW 7.20.010
RCW 7.20.020
RCW 7.20.030
RCW 7.20.040
RCW 7.20.050
RCW 7.20.060
RCW 7.20.070
RCW 7.20.080
RCW 7.20.090
RCW 7.20.100
RCW 7.20.110
RCW 7.20.120
RCW 7.20.130
RCW 7.20.140
(B) RCW 9.23.010
Contempt of court defined
Punishment - General
Contempt in presence of court - Summary
punishment
Procedure in other cases
Production of defendant if in custody
How prosecuted
Execution of warrant - Bond
Return of warrant - Examination of
defendant
Judgment and sentence
Indemnity to injured party
Imprisonment until act performed
Offender may be indicted
Alias warrant - Prosecution of bond
Appeal - Punishment for contempts of
justice courts
Criminal contempt
5.01.050 Construction. In adopting the foregoing state statutes
by reference, only those crimes and offenses within the jurisdic-
tion of a noncharter city are intended to be adopted and in those
sections adopted which deal with both misdemeanors and felonies,
only the language applicable to misdemeanors is to be applied.
5.01.060 Severability. If any section, sentence, clause or
phrase of this title should be held to be invalid or uncon-
stitutional by a court of competent jurisdiction, such invali-
dity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or
phrase of this title.
- 6 -
Chapter 5.02
Advertising, Crimes Relating to
Sections:
5.02.010 Advertising prohibitions
5.02.010 Advertising, prohibitions. The following statutes of
the state of Washington are adopted by reference:
A. RCW 9.04.010 False advertising
B. RCW 9.04.030 Advertising cures of venereal diseases,
lost vitality -- monthly regulators
C. RCW 9.04.040--------- Evidence
- 7 -
Chapter 5.04
Alcoholic_ Beverages
Section:
5.04.010 Alcoholic Beverage Control and Enforcement
5.04.010 Alcoholic beverage control --Enforcement. The following
statutes of the state of Washington are adopted by reference and
wherever the word "title" or words "this title" are used therein
the same shall be construed to mean and refer to RCW Title 66 and
"this act" shall mean and refer to the Washington State Liquor
Act:
A.
RCW
66.04.010
Definitions
B.
RCW
66.20.200
Unlawful acts relating to card of
identification and certification card
C.
RCW
66.28.080
Permit for music and dancing upon
licensed premises
D.
RCW
66.28.090
Licensed premises open for inspection --
Failure to allow
E.
RCW
66.44.010
Local officers to enforce law --Authority
of board -- Liquor enforcement officers
F.
RCW
66.44.040
Sufficiency of description of offenses
in complaints, informations, process,
etc.
G.
RCW
66.44.050
Description of offense in words of
statutes -- Proof required
H.
RCW
66.44.060
Proof of unlawful sale establishes prima
facie intent
I.
RCW
66.44.070
Certified analysis is prima facie
evidence of alcoholic content
J.
RCW
66.44.080
Service of process on corporation
K.
RCW
66.44.090
Acting without license
L.
RCW
66.44.100
Opening or consuming liquor in public
places
M.
RCW
66.44.120
Unlawful use of seal
N.
RCW
66.44.130
Sales of liquor by drink or bottle
O.
RCW
66.44.140
Unlawful sale, transportation of
spirituous liquor without stamp or seal
-- Unlawful operation, possession of
still or marsh
P.
RCW
66.44.150
Buying liquor illegally
Q.
RCW
66.44.160
Illegal possession, transportation of
alcoholic beverages
R.
RCW
66.44.170
Illegal possession of liquor with intent
to sell -- Prima facie evidence, what is
S.
RCW
66.44.175
Violations of law
T.
RCW
66.44.180
Jurisdiction
U. RCW 66.44.200
Sales to persons apparently under the
influence of liquor
V. RCW 66.44.210
Obtaining liquor for ineligible person
X. RCW 66.44.240
Drinking in public conveyance -- Penalty
against carrier
Y. RCW 66.44.250
--- Penalty against individual
Z. RCW 66.44.270
Furnishing liquor to minors --
Possession, use
aa. RCW 66.44.280
Minor applying for permit
bb. RCW 66.44.290
Minor purchasing liquor
cc. RCW 66.44.291
Minor purchasing or attempting purchase
liquor -- Penalty
dd. RCW 66.44.300
Treating minor, etc., in public place
where liquor sold
ee. RCW 66.44.310
Minors frequenting tavern --
Misrepresentation of age --
Classification of licenses
ff. RCW 66.44.316
Musicians eighteen years and older
permitted to enter and remain upon
licensed premises during employment
gg. RCW 66.44.320
Sales of liquor to minors a violation
hh. RCW 66.44.325
Unlawful transfer to a minor of an
identification of age
ii. RCW 66.44.340
Employees eighteen years and over
allowed to sell and carry beer and wine
for class E and/or F licensed employees
jj. RCW 66.44.370
Resisting or opposing officers in
enforcement of title.
Chapter 5.05
Animals, Crimes Relating to
5.05.001-.300: Formerly codified as ECC 5.05.001-.300
- 10 -
Chapter 5.08
Anticipatory Offenses
Section:
5.08.010 Anticipatory offenses prohibited
5.08.010 Anticipatory offenses 2rohibited. The following
statutes of the state of Washington are adopted by reference:
A. RCW 9A.28.020(1), (2), (3)(e) Criminal attempt
B. RCW 9A.28.030 Criminal solicitation
C. RCW 9A.28.040(1), (2), (3)(e) Criminal conspiracy
Chapter 5.10
Boating Code
5.10.010-.090: Formerly codified as ECC 5.41.010-.090
-- 12
Chapter 5.12
Children and Minors, Crimes Relating to
Section:
5.12.010 Conduct prohibited
5.12.020 Contributing to the delinquency of a minor
5.12.010 Conduct prohibited. The following statutes of the
State of Washington are adopted by reference:
A) RCW 9.91.060 Leaving children unattended in parked
automobile
B)
RCW
9.68A.090
Communicating with a minor for immoral
purposes.
C)
RCW
9.68A.011
Definitions
D)
RCW
9.68A.070
Possession of depictions of minor
engaged in sexually explicit conduct
E)
RCW
9.68A.080
Processors of depictions of minor
engaged in sexually explicit conduct
5.12.020 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.
- 13 -
Chapter 5.14
Controlled Substances,
Paraphernalia and Toxic Fumes
Sections:
5.14.010 Controlled substance
5.14.020 Possession of paraphernalia prohibited
5.14.030 Inhaling toxic fumes
5.14.010 State Statutes adopted by reference. The following
statutes of the state of Washington are hereby adopted by
reference as if set forth in full herein:
(A)
RCW
69.50.101
Definitions
(B)
RCW
69.50.102
Drug paraphernalia -Definitions
(C)
RCW
69.50.204(d)(13)
Schedule I -Marijuana
(D)
RCW
69.50.309
Containers
(E)
RCW
69.50.401(e)
Prohibited Acts: A -Penalties
(F)
RCW
69.50.412
Prohibited Acts: E-Penalties
(G)
RCW
69.50.505
Seizure and Forfeiture
(H)
RCW
69.50.506
Burden of Proof
(I)
RCW
69.50.509
Search and seizure of
controlled substances
5.14.020 Possession 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.
5.14.030 Inhaling Toxic Fumes.
state of Washington are adopted
The following statutes of the
by reference:
A.
RCW
9.47A.010
Definition
B.
RCW
9.47A.020
Unlawful inhalation --Exception
C.
RCW
9.47A.030
Possession of certain substances
prohibited, when
D.
RCW
9.47A.040
Sale of certain substances prohibited,
when
- 14 -
Chapter 5.22
Fire, Crimes Relating To
Sections:
5.22.010 Reckless burning
5.22.020 Miscellaneous crimes
5.22.010 Reckless burnin . The following statutes of the state
of Washington are adopted by reference.
A. RCW 9A.48.050 Reckless burning
B. RCW 9A.48.060 Reckless burning -- Defenses
5.22.020 Fire - Miscellaneous crimes. The following statutes of
the state of Washington are adopted by reference:
A. RCW 9.40.040 Operating engine or boiler without spark
arrester
B. RCW 9.40.100 Injuring or tampering with fire alarm
apparatus or equipment -- Sounding false
alarm of fire
- 15 -
Chapter 5.24
Firearms and Dan erous Weapons
Sections:
5.24.010 Firearms and dangerous weapons - Prohibitions
5.24.020 Aiming or discharging weapons
5.24.030 Discharge of firearms prohibited
5.24.040 Weapons prohibited on liquor sale premises
5.24.050 Penalty
5.24.010 Firearms and dangerous weapons - Prohibitions. The
following statutes of the state of Washington are adopted by
reference:
A. RCW 9.41.010
B. RCW 9.41.050
C. RCW 9.41.060
D. RCW 9.41.070
E. RCW 9.41.080
F. RCW 9.41.090
G. RCW 9.41.093
H. RCW 9.41.095
I. RCW 9.41.098
J. RCW 9.41.100
K. RCW 9.41.120
L. RCW 9.41.130
M. RCW 9.41.140
N. RCW 9.41.150
O. RCW 9.41.170
Terms defined
Carrying pistol
Exception
Issuance of licenses to carry
Delivery to minors and others forbidden
Sales regulated --Application to
purchase --Grounds for denial
Exemptions
Denial of application --Appeal
Forfeiture of firearms, order by courts
-- Return to owner -- Confiscation by
law enforcement officer
Dealer's licenses, by whom granted and
condition thereof --Wholesale sales
excepted --Permits prohibited
Certain transfers forbidden
False information forbidden
Alteration of identifying marks
prohibited
Exceptions
Alien's license to carry firearms --
Exception
P.
RCW
9.41.240
Use of firearms by minor
Q.
RCW
9.41.250
Dangerous weapons --Evidence
R.
RCW
9.41.260
Dangerous exhibitions
S.
RCW
9.41.270
Weapons apparently capable of producing
bodily harm, carrying, exhibiting,
displaying or drawing unlawful --
Penalty --Exceptions
T.
RCW
9.41.280
Students carrying dangerous weapons on
school property
-- 16 -
5.24.020 Aiming or Discharging Weapons. It is unlawful for any
person to willfully:
A. Aim any loaded or unloaded gun, pistol, revolver or
other firearm at or towards any human being;
B. Discharge any airgun or weapon other than a firearm; or
C. Throw any deadly missile in a public place or in any
place where any person might be endangered thereby,
although no injury shall result.
5.24.030 Discharge_of firearms prohibited. It is unlawful for
any person to discharge any firearm in the City of Edmonds where
there is reasonable likelihood of injury to humans, domestic
animals or property, provided that this prohibition does not
apply to the discharge of firearms by law enforcement officers
engaged in the performance of their official powers or duties.
This section shall not abridge the right of the individual
guaranteed by Article I, section 24 of the State Constitution tc
bear arms in defense of self or others.
5.24.040 Weapons prohibited on liquor sale _premises.
A. It shall be unlawful for anyone, on or in any portion of
an establishment classified by the State Liquor Control
Board as off-limits to persons under twenty-one years of
age to:
1. Carry any rifle, shotgun or pistol, whether said
person has a license or permit to carry said firearm
or not, and whether said firearm is concealed or
not.
2. Carry any knife, sword, dagger or other cutting or
stabbing instrument, with a blade of a length of
three inches (3") or more, or any razor with an
unguarded blade, whether said weapon or instrument
is concealed or not.
3. 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 num-chuk 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
said instrument or weapon is concealed or not.
-- 17 -
B. Exceptions: The above shall not apply to or affect the
following:
1. A person engaged in military activities sponsored by
the federal or state governments, while engaged in
official duties;
2. Law enforcement personnel;
3. Security personnel while engaged in official duties;
or
4. The proprietor of the premises or his or her
employees while engaged in their employment.
C. Warnings signs required: Signs, informing the public of
the prohibitions contained herein, shall be conspi-
cuously posted at all internal and external entrances to
any area wherein the carrying of said weapons or instru-
ments are prohibited.
Said signs shall be provided by the City to all affected
places of business, and shall bear the following
inscription:
"WARNING - WEAPONS PROHIBITED: It shall
be unlawful for any person, other than a
commissioned law enforcement officer, to
enter onto this premise while carrying any
of the following weapons or instruments,
whether a license or permit to carry said
weapon is possessed or not, and whether
said weapon or instrument is concealed or
not: Rifle, shotgun, pistol, knife, sword,
dagger or any other cutting or stabbing
instrument, having a blade longer than
three inches (3"); or any razor with an
unguarded blade; or any explosive; or any
poison or injurious gas; or any sling
shot, taser, throwing star, bow, sand
club, blackjack, metal knuckles, stick,
chain, metal pipe, bar, club or combina-
tion thereof, including a device known as
"num-chuk" sticks, or any like device
having the same or similar components or
parts; or any weapon or instrument appa-
rently capable or producing bodily harm.
Edmonds City Code Section 5.24.040."
D. 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 confis-
cated or found property.
5.24.050 Penalty. Any person violating any of the provisions of
this chapter shall be guilty of a misdemeanor, and upon
conviction thereof, be punished by a fine not to exceed one
thousand dollars ($1,000), or by imprisonment in jail for a term
not exceeding ninety (90) days, or by both such fine and
imprisonment.
- 19 -
Chanter 5.26
Fireworks
5.26.010-.240: Formerly codified as ECC 5.29.010-.240
�41=
Chanter 5.28
Frauds, Swindles and False Representations
Sections:
5.28.010 Frauds and swindles prohibited
5.28.020 False representations prohibited
5.28.010 Frauds and swindles. The following statutes of the
state of Washington are adopted by reference:
A. RCW 9.45.040
B. RCW 9.45.060
C. RCW 9.45.062
D. RCW 9.45.070
E. RCW 9.45.080
F. RCW 9.45.090
G. RCW 9.45.100
H. RCW 9.45.120
I. RCW 9.45.150
J. RCW 9.45.180
K. RCW 9.45.190
L. RCW 9.45.240
M. RCW 9.45.250
N. RCW 9A.60.040
O. RCW 9A.60.050
Frauds on innkeeper
Encumbered, leased or rented personal
property
Failure to deliver leased personal
property -Requisites for presentation --
Construction
Mock auctions
Fraudulent removal of property
Knowingly receiving fraudulent
conveyance
Fraud in assignment for benefit of
creditors
Using false weights and measures
Concealing foreign matter in merchandise
Fraud in operating coin -box telephone or
other receptacle
Penalty for manufacture or sale of slugs
to be used for coin
Fraud in obtaining telephone or
telegraph service
Fraud in obtaining cable television
services
Criminal impersonation
False certification
5.28.020 False representations. The following statutes of the
state of Washington are adopted by reference:
A. RCW 9.38.010 False representation concerning credit
B. RCW 9.38.020 False representation concerning title
-- 21 --
Chapter 5.30
Noise Abatement and Control
5.30.010-5.30.090: Formerly codified as ECC 5.35.010-5.35.240
- 22 -
Chapter 5.32
Park Regulations
5.32.010-5.32.140: Formerly codified as ECC 5.43.010-.140
- 23 -
Chapter 5.34
Persons, Crimes Relating To
Sections:
5.34.010 Assault and other crimes involving physical harm
5.34.020 Placing a person in fear or apprehension by threat
5.34.030 Domestic violence
5.34.040 Violation of no contact orders
5.34.050 Custodial interference
5.34.010 Assault and other crimes involvina Dhvsical harm. The
following statutes of the state of Washington are adopted by
reference:
A.
RCW
9A.36.040
Simple assault
B.
RCW
9A.36.050
Reckless endangerment
C.
RCW
9A.36.070
Coercion
D.
RCW
9.61.230
Telephone calls to harass, intimidate,
torment or embarrass
E.
RCW
9.61.240
----- Permitting telephone to be used
F.
RCW
9.61.250
----- Offenses, where deemed committed
5.34.020 Placing a person in fear_ or apprehension by threat.
A. 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.
B. For purposes of this section, "threat" means to communi-
cate, directly or indirectly, by act, word or deed,
whether written, spoken or otherwise communicated, the
intent to imminently:
1. Cause bodily injury to the person threatened or any
other person; or
2. Cause physical damage to the property of a person
other than the person making the threat; or
3. Subject the person threatened or any other person to
physical confinement or restraint.
5.34.030 Domestic violence: State statutes adopted by reference.
The following statutes of the state of Washington as the same
-- 24 -
exist or shall hereafter be amended are hereby adopted by
reference:
A. RCW 10.99.020 Definitions
B.
RCW
10.99.030
Law enforcement officers - Training,
powers, duties
C.
RCW
10.99.040
Restrictions upon and duties of court
D.
RCW
10.99.045
Appearances by defendant - Orders
prohibiting contact
E.
RCW
10.99.050
Restriction or prohibition of contact
with victim - Procedures
F.
RCW
10.99.055
Enforcement of orders against defendants
G.
RCW
26.50.010
Definitions
H.
RCW
26.50.020
Commencement of action - Jurisdiction -
Venue
I.
RCW
26.50.030
Petition for an order for protection -
Availability of forms and instructional
brochures - Filing fee - Bond not
required
J.
RCW
26.50.040
Application for leave to proceed in
forma pauperis
K.
RCW
26.50.050
Hearing - Service - Time
L.
RCW
26.50.060
Relief
M.
RCW
26.50.070
Ex parte temporary order for protection
N.
RCW
26.50.080
Issuance of order - Assistance of peace
officer - Designation of appropriate law
enforcement agency
O.
RCW
26.50.090
Order - Service
P.
RCW
26.50.100
Order - Transmittal to law enforcement
agency - Record in law enforcement
information system - Enforceability
Q.
RCW
26.50.110
Violation of order - Penalties
R.
RCW
26.50.120
Violation of order - Prosecuting
attorney or attorney for municipality
may be requested to assist - Costs and
attorney's fees
S.
RCW
26.50.130
Order - Modification - Transmittal
T.
RCW
26.50.140
Peace officers - Immunity
U.
RCW
26.50.200
Title to real estate - Effect
V.
RCW
26.50.210
Proceedings additional
5.34.040 Failure to abide_ by court order. It shall be unlawful
for any person subject to a Restraining Order, Protection Order
or No Contact Order issued under the provisions of state law, to
knowingly and willfully violate the terms of that order. Each
violation shall constitute a misdemeanor.
5.34.050 Custodial Interference. The following statutes of the
State of Washington are hereby adopted by reference:
- 25 -
A. RCW 9A.40.070 Custodial interference in
degree
B. RCW 9A.40.080 Custodial interference -
costs - Defense - Consent
restricted
the second
Assessment of
defense,
26 -
Cha ter 5.36
Property, Crimes Relating To
Sections:
5.36.010 Theft, UIBC and related crimes
5.36.020 Malicious mischief
5.36.040 Trespass and related crimes
5.36.050 Nuisance
5.36.010 ThefL, U113C and Related Crimes. The following statutes
of the state of Washington are adopted by reference:
A.
RCW
9A.56.010
Definitions.
B.
RCW
9A.56.020
Theft --Definition, defense
C.
RCW
9A.56.050
Theft in third degree
D.
RCW
9A.56.060
(1)(2)(3)(5) Unlawful issuance of checks
or drafts
E.
RCW
9A.56.140
Possessing stolen property --Definition,
credit cards, presumption
F.
RCW
9A.56.170
Possessing stolen property in the third
degree
G.
RCW
9.54.130
Restoration of stolen property --Duty of
officers
H.
RCW
9A.56.180
Obscuring identity of a machine
5.36.020 Malicious Mischief.
A. 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 RCW 9A.48.
B. For the purposes of this section, "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.
5.36.030 Injury or Destruction of Property. It is unlawful for
any person to wantonly destroy, cut, alter, remove, deface, mark
or write upon, or in any manner injure any window, fence, gate
bridge, dwelling, house, engine house, building, awning, railing
or any other property, public or private, not his own in an
amount not to exceed $250.00.
- 27 -
5.36.040 Tres ass and related crimes. The following statutes of
the state of Washington are adopted by reference:
A.
RCW
9A.52.010
Definitions
B.
RCW
9A.52.060
Making or
having
burglary tools
C.
RCW
9A.52.070
Criminal
trespass
in the first
degree
D.
RCW
9A.52.080
Criminal
trespass
in the second
degree
E.
RCW
9A.52.090
Criminal
trespass
-- Defenses
F.
RCW
9A.52.100
Vehicle
prowling
G.
RCW
9A.52.120
Computer
trespass
in the second
degree
H.
RCW
9A.52.130
Computer
trespass
- Commission
of other
crime
5.36.050 Nuisance. The following statutes of the state of
Washington are adopted by reference:
A.
RCW
9.66.010
Public nuisance
B.
RCW
9.66.020
Unequal damage
C.
RCW
9.66.030
Maintaining or permitting nuisance
D.
RCW
9.66.040
Abatement of nuisance
E.
RCW
9.66.050
Deposit of wholesome substance
Chapter 5.38
Public Morals, Crimes Relating To
5.38.010-.120: Formerly codified at ECC 5.24.010-.120
- 29 -
Sections:
5.40.010
5.40.020
5.40.030
Chapter 5.40
Public Officers, Crimes Relating To
Obstructing
Obstructing
introducing
Escape
public officers
justice, criminal assistance,
contraband and related offenses
5.40.010 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.
5.40.020 Obstructing justice, criminal assistance, -introducing
contraband and related offenses. The following statutes of the
state of Washington are adopted by reference:
A.
RCW
9.69.100
Withholding knowledge of felony
involving violence --Penalty
B.
RCW
9A.76.010
Definitions
C.
RCW
9A.76.030
Refusing to summon aid for a peace
officer
D.
RCW
9A.76.040
Resisting arrest
E.
RCW
9A.76.050
Rendering criminal assistance --
Definition of terms
F.
RCW
9A.76.060
Relative defined
G.
RCW
9A.76.090
Rendering criminal assistance in the
third degree
H.
RCW
9A.76.100
Compounding
I.
RCW
9A.76.160
Introducing contraband in the third
degree
J.
RCW
9A.76.170(1)(2)(d)
Bail jumping
K.
RCW
9A.84.040
False reporting
5.40.030 Escape. The following statutes of the state of
Washington are adopted by reference:
A. RCW 9.31.090 Escape prisoner recaptured
B. RCW 9A.76.130 Escape in the third degree
- 30 -
Chapter 5.42
Public Peace, Crimes Relating To
Sections:
5.42.010 Disorderly conduct
5.42.020 Riot, failure to disperse and obstruction
5.42.030 Privacy, violating right of
5.42.040 Libel and slander
5.42.050 Malicious prosecution - Abuse of process
5.42.010 Disorderly conduct. A person is guilty of disorderly
conduct if he
(a) Uses abusive language and thereby intentionally creates
a risk of assault; or
(b) Intentionally disrupts any lawful assembly or meeting of
persons without authority; or
(c) Intentionally obstructs vehicular or pedestrian traffic
without lawful authority; or
(d) Intentionally and without lawful authority makes noise
which unreasonably disturbs another; or
(e) Intentionally engages in any conduct which tends to or
does disturb the public peace, provoke disorder, or endanger the
safety of others.
5.42.020 Riot, failure to disperse and obstruction. The
following statutes of the state of Washington are adopted by
reference:
A. RCW 9A.84.010(1)(2)(b) Riot
B. RCW 9A.84.020 Failure to disperse
C. RCW 9.27.015 Interference, obstruction of any
court, building or residence -
violations
5.42.030 Privacy, violating ri ht of. The following statutes of
the state of Washington are adopted by reference:
A. RCW 9.73.010
B. RCW 9.73.020
C. RCW 9.73.030
D. RCW 9.73.070
E. RCW 9.73.090
F. RCW 9.73.100
Divulging telegram
Opening sealed letter
Intercepting, recording or divulging
private communication --Consent
required --Exceptions
---- Persons and activities excepted
Police and fire personnel exempted from
RCW 9.73.030 - 9.73.080--Standards
Recordings available to defense counsel
- 31 -
5.42.040 Libel and slander. The following statutes of the state
of Washington are adopted by reference:
A.
RCW
9.58.010
Libel, what constitutes
B.
RCW
9.58.020
How justified or excused --Malice, when
presumed
C.
RCW
9.58.030
Publication defined
D.
RCW
9.58.040
Liability of editors and others
E.
RCW
9.58.050
Report of proceedings privileged
F.
RCW
9.58.070
Privileged communications
G.
RCW
9.58.080
Furnishing libelous information
H.
RCW
9.58.090
Threatening to publish libel
I.
RCW
9.58.100
slander of financial institution
J.
RCW
9.58.120
Testimony necessary to convict
5.42.050 Maliciousprosecution--Abuse of rocess. The following
statutes of the state of Washington are adopted by reference:
A. RCW 9.62.010 Malicious prosecution
B. RCW 9.62.020 Instituting suit in name of another
- 32 -
Chapter 5.46
Miscellaneous Crimes
Sections:
5.46.010 Conduct prohibited
5.46.020 Littering and Pollution
5.46.030 United States and state flags
5.46.040 Unlawful possession of library books
5.46.010 Conduct prohibited. The following statutes of the state
of Washington are adopted by reference:
A.
RCW
9.91.010
Denial of civil rights --Terms defined
B.
RCW
9.91.020
Operating railroad, steamboat, vehicle,
etc., while intoxicated
C.
RCW
9.91.025
Unlawful bus conduct
D.
RCW
9.91.110
Meal buyers --Records of purchases --
Penalty
E.
RCW
9.03.010
Abandoning, discarding, refrigeration
equipment
F.
RCW
9.03.020
Permitting unused equipment to remain on
premises
G.
RCW
9.03.030
Violation of RCW 9.03.010 or 9.03.020
H.
RCW
9.03.040
Keeping or storing equipment for sale
5.46.020 Littering and Pollution. The following statute of the
state of Washington are adopted by reference:
A. RCW 70.93.060 Littering
B. RCW 70.54.010 Polluting water supply
5.46.030 United States and state flags, crimes relating to. The
following statutes of the state of Washington are adopted by
reference:
A.
RCW
9.86.010
"Flag," etc., defined
B.
RCW
9.86.020
Improper use of flag prohibited
C.
RCW
9.86.030
Desecration of flag
D.
RCW
9.86.040
Application of provisions
5.46.040 Unlawful possession -of library books. A person shall
be guilty of unlawful possession of library books if he wilfully
retains any book, newspaper, magazine, pamphlet, manuscript,
recording or other property belonging to or in any public
- 33 -
library, reading room or other educational institution for thirty
days after notice in writing to return the same, given after the
expiration of the time that by the rules of such institution such
article or other property may be kept.
- 34 -
Chapter.5.48
Violations Bureau
5.48.010-.080: Formerly codified as ECC 5.20.010-.080
- 35 -
Chapter 5.50
Penalties and Court Costs
5.50.010-.030: Formerly codified as ECC 5.45.010-.030
Mri- M
Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOIAISH,
ORDINANCE NO, 2531
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, REVISING AND REORGANIZING THE
CITY '5 .CRIMINAL ORDINANCES BY REPEALING
PORTIONS OF TITLE FIVE OF THE EDMONDS MU-
NICIPAL CODE; ADOPTING NEW CHAPTERS 5,01
THROUGH 5,50, INCLUDING THE ADOPTION BY
REFERENCE OF CERTAIN STATE STATUTES
WHICH DEFINE CRIMINAL OFFENSES AND ESTAB-
LISH PENALTIES; AND RENUMBERING CERTAIN
CHAPTERS AND SECTIONS WITHIN SAID, TITLE
FIVE
WHEREAS. the Edmonds City Council finds Thal Title
Five of the Edmonds Municipal Code has become outdated
nod is In need at revision to bring about can-05fency with
.late criminal statutes, ensure Property defined crimes and
SDeClfvaaprapriafe penaltle5 for VIOIufIanS. now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS.
WASHINGTON, DO ORDAIN AS FOLLOWS
Secllon 1. The following chapters of the Edmonds Munlct•
oal Cade ore hereby reaealed:
5;1- Preliminary Article
113 Principles of Liability
5:14 Defenses
5:15 Anticipatory Offenses
516 Offenses Against Persons
5.17 Crimes Against Property
5-19-Crimes By and Against Juveniles
9.20,Crimes Against Public Order
5.21 Obstructing Governmental Operations
5.24 Offenses Against Public Morals
5.25 Miscellaneous Crimes
5:30 Dangerous Drugs, Controlled Substances'
and Unlawful Compounds
5..40 Firearms and Dangerous Weapons
5-42 Unfair Housing
Section 2. The following chapters and corresponding sec-
tions of the •Edmonds Municipal Code are hereby
renumbered as follows:
- New Current
Chapter No. Chapter No.
Ranking code S.10 5,41
Fireworks 5.26 5:29
Nalse.ob6fEm.erit and control 5.30 5.35
Pork regutalfoh5 5.32 5.43
Pubtic mortns. crimes
reiafin9 la 5.18 5.24
Violation$ bureau 5.48 5;82
Penalties 5-50 545
Section 3. There Is hereby added 10 lhe•Edmand5 Mum[I•
out -Cade new chant ers. 5.01 fhrauab S:SQ, a CCoy of whiCh IS
al}aChed Iterclo and InCorporeled herein by reference. The
state• sfafutet, referenced in said Chpoters ore specificollY
adonted as o earl of the Edmonds Maniciool Code as it set
tprlh herein.
Section 4 The provisions of Ibis ordinance do not oaply to
or goyern the Can Sir Ucllgn of and ounishmenf .for any or to I
the construction and ooplicatlon of any defense to a prme-
Cullen for such. an offense. Such an offense must be can -
.trued and ounished according to the provisions of law
existing id me flroa.of Itse commission fherool in the same
manner as if this I{Ile•had not been enacted.
$ecrion S Incident m-The adoption by reference of Certain
slate lows contained in Ilie Revssed Code of Washington, one
cony of the I01 of the stolules adopted by reference to this
ordinance shall be filed with the City Clerk as required by
RCW 35A.124140 for use and excmtrial ion by the public
Section 6. This ardlnon Ce and III$ penalty pravi5fan can,
lained. r; Section 5-24-050 of Tllle •S which 4 adopted herein
by referenceshall be aublfshed In Ibe official newspader at
me CITY. and:shall take effect and he.m lull force thirty 00)
daps atler the dafe.01 publication.
APPROVED:
LARRY S. NAUGHTEN, Moyer
A TT ESTIAU T"ENTIC'ATED
JACQUELINE G. PARRETT. City Clerk
APPROVED AS TO FORM:
OFFSEE•OF THE CITY ATTORNEY:
By W, SCOTT SNYDER
FILFID WITH THE CI'rY CLERIC: Aupust 22, f985,
PASSeb,6Y THE CITY COUNCIL: November 4. 1986k
EFFECTIVE IDATE' December 9. 1985,
ORDINANCE NO. 2531.
5.24.050 Penofly. Any Berson vialdling any of the provisions
pl Ihis -ihooler shall be 9u(IIV of a misdemednor, and upon
convirtloh thereof. be pllntshed by a fine not IQ eXCeed one
thousand dollars ($1.000). or by ir"Prisonrnenl in fail for a
term not exceeding ninety S901 days, or by bolh such fine -
and imbrlsohmenl.
Published: November 9, 1985.
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice .................... ....... ____
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
0 v
and that said newspaper was regularly distributed to its subscribers
during all of said perio. .4
Principal Clerk
9 ? f• !_
Subscribed and sworn to before me this ........
:_______
dayof ...................._ ........... 19.......
Not Pubiic iz and fat the State of Washington,
resi i4 at Everett, Snohomish County.
B-2-1