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Ordinance 1905ORDINANCE NO. 1905 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING VARIOUS CHAPTERS IN TITLE 5 OF THE EDMONDS CITY CODE RELATING TO CRIMES AND PUNISHMENTS AND RECODIFYING AND REVISING THE CRIMINAL CODE FOR THE CITY OF EDMONDS; PROVIDING PENALTIES THEREFORE AND REPEALING CHAPTER 5.36 OF THE EDMONDS CITY CODE. WHEREAS, the present Edmonds Criminal Code is in need of reorganization and revision in light of changing needs of the community, and WHEREAS, the following revisions and additions to the Criminal Code are necessary for the protection of the public health, safety and welfare, now, therefore THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 5.12 of the Edmonds City Code is hereby amended to be entitled "Preliminary Article" and to read as follows: 5.12.010 Title, effective date, application, sever - ability, captions. (1) This Code shall be known and may be cited as the Edmonds Criminal Code. (2) The provisions of this Code shall apply to any offense committed on or after March 7., 1977, which is defined in this Code unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such an offense. (3) The provisions of this Code do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this Code, or to the construction and application of any defense to a prosecution 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 Code had not been enacted. (4) If any provision of this Code, or its application to any person or circumstance is held invalid, the remainder of the Code, or the application of the pro- vision to other persons or circumstances is not affected, and to this end the provisions of this Code are declared to be severable. (5) Chapter, section, and subsection captions are for organizational purposes only and shall not be construed as part of this Code. 5.12.020 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 cul- pability 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 pre- scribe proportionate penalties for each. (2) The provisions of this Code shall be construed according to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this Code. 5.12.030 Proof beyond a reasonable doubt. (1) Every person charged with the commission of a crime is pre- sumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved by competent evidence beyond a reasonable doubt. (2) When a crime has been proven against a person, and there exists a reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the lowest degree. 5.12.040. Definitions. In this Code unless a dif- ferent meaning plainly is required: (1) "Acted" includes, where relevant, omitted to act; 09 (2) "Actor" includes, where relevant, a person failing to act; (3) "Benefit" is any gain or advantage to the bene- ficiary, including any gain or advantage to a third person pursuant to the desire or consent of the bene- ficiary; (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 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 unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a "vehicle" as defined in this section, which 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) "Firearm" includes, but is not limited to all guns, rifles, shotguns, pistols, airguns and BB guns; (9) "Government" includes any branch, subdivision, or agency of the government of this state and any county, city, district, or other local governmental unit; (10) "Governmental function" includes any activity which a public servant is legally authorized or per- mitted to undertake on behalf of a government; (11) "Judge" includes every judicial officer authorized alone or with others, 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 willful 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 willful disregard or social duty; 3 (13) "Officer" and "public officer" means a person holding office under a city, county, or state govern- ment, 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 includes 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 keeping of persons held in custody under process of law, or under lawful 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 tan- gible 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 any officer or employee of government, including a legisla- tor, judge, judicial officer, juror, and any person participating as an advisor, consultant, or otherwise 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; 4 (25) "Threat" means to communicate, directly or in- directly 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 con- cealed 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 anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or (i) To bring about or continue to strike, boy- cott, or other similar collective action to obtain property which is not 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 substantially 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 genders; and in the singular shall include the plural; and in the plural shall include the singular. 5 5.12.050 Warrants--Arrests--Proceedings. (1) The municipal judge shall issue warrants for the arrest of any person or persons accused in a written complaint of violating any of the provisions of this code or other city ordinances; provided that police officers may arrest without a warrant any person violating any of the provisions of this code or other ordinances of the City of Edmonds in the manner and on occasions as provided by the laws of the State of Washington as they now exist or as they may be amended from time to time. Such powers of arrest for violations of city ordinances occurring either in or outside of the presence of said police officer shall include but not be limited to the powers of arrest created by Chapter 56, Regular Session, Laws of 1975. The proceedings for issuance of warrants, arrests and general criminal proceedings shall be governed by the criminal rules for justice court and the traffic rules for justice court as promulgated, adopted and/or amended from time to time by the Supreme Court of the State of Washington. (2) In addition to the powers of arrest provided for in this section and the powers granted by the legisla- ture of the state of Washington governing the laws of arrest as they now exist and as they may be amended from time to time, a police officer in the City of Edmonds having information to support a reasonable belief that a person has committed or is committing a misdemeanor or gross misdemeanor involving physical harm or threat of harm to any person or property, or the unlawful taking of property, or involving the use or possession of cannibis shall have the authority to arrest as prescribed by Chapter 198, Extraordinary Session, Laws of 1969 and as it may be amended from time to time. Section 2. There is hereby created a new Chapter 5.13 in the Edmonds City Code entitled "Principles of Liability" to read as follows: 5.13.010 General requirements of culpability. (1) Kinds of Culpability Defined. (a) Intent. A person acts with intent or inten- tionally when he acts with the objective or purpose to accomplish a result which constitutes a crime. (b) Knowledge. A person knows or acts knowingly or with knowledge when: (i) he is aware of cumstances or result defining an offense; a fact, facts, or cir- described by a statute or I (ii) he has information which would lead a reasonable man in the same situation to believe that facts exist which facts are described by a statute defining an offense. (c) 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. (d) 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 reason- able man would exercise in the same situation. (2) Substitutes for Criminal Negligence, Recklessness, and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts inten- tionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally. (3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally, know- ingly, recklessly, or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense. (4) Requirement of Wilfulness Satisfied by Acting Knowingly. 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 requirements plainly appears. 5.13.020 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. 7 (2) A person is legally accountable for the conduct of another person when: (a) Acting with the kind of culpability that is sufficient 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 title 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 a crime if: (a) With knowledge that it will promote or facili- tate 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 accountable, unless such liability is incon- sistent with the purpose of the provision 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 commission of the crime and gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime. (6) A person legally accountable for the conduct of another person may be convicted on proof of the com- mission of the crime and of his complicity therein, though the person claimed to have committed the crime I has not been prosecuted or convicted or has been con- victed of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted. 5.13.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf. (1) As used in this section: (a) "Agent" means any director, officer, or employee of a corporation, or any other person who is authorized to act on behalf of the corporation; (b) "Corporation" includes a joint stock associa- tion; (c) "High managerial agent" means an officer or director of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the super- vision in a managerial capacity of subordinate employees. (2) A corporation is guilty of an offense when: (a) The conduct constituting the offense consists of an omission to discharge a specific duty of performance imposed on corporations by law; or' (b) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and on behalf of the corporation; or (c) The conduct constituting. the offense is engaged in by an agent of the corporation, other than a high managerial agent, while acting within the scope of his employment and in behalf of the corporation and (i) the offense is a gross mis- demeanor or misdemeanor, or (ii) the offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation. (3) A person is criminally liable for stituting an offense which he performs performed in the name of or on behalf to the same extent as if such conduct his own name or behalf. conduct con-* . or causes to be of a corporation were performed in 0 (4) Whenever a duty to act is imposed by law upon a corporation, any agent of the corporation who knows he has or shares primary responsibility for the discharge of the duty is criminally liable for a reckless or, if a high managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent. Section 3. There is hereby created a new chapter 5.14 in the Edmonds City Code entitled "Defenses" to read as follows: 5.14.010 Definitions. In this chapter, unless a different meaning is plainly required: (1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended. 5.14.020 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 offense 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 the exercise of lawful authority, to restrain or correct his child, ward, apprentice, or scholar; (5) Whenever used by a carrier of passengers or his authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than shall be necessary to expel the offender with reasonable regard to his personal safety; 10 (6) Whenever used by any person to prevent a mentally retarded person or a mentally or emotionally ill person from committing an act dangerous to himself or another, or in enforcing necessary restraint for the protection of his person, or his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person. 5.14.030. Duress. (1) In any prosecution for a crime, it is a defense that: (a) 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 grevious bodily injury; and (b) That such apprehension was reasonable upon the part of the actor; and (c) That the actor would not have participated in the crime except for the duress involved. (2) The defense of duress is not available if the actor intentionally or recklessly places himself in a situation in which it is probable that he will be subject to duress. (3) The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse. 5.14.040 Entrapment. '(1) In any prosecution for a crime, it is a defense that: (a) The criminal design originated in the mind of law enforcement officials, or any person acting under their direction, and (b) The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit. (2) 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. 5.14.050. Action for being detained on mercantile establishment premises for investigation --"Reasonable grounds" as defense. In any criminal action brought b reason of any person having been detained on or in the 11 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 mercantile 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 detained 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, know- ledge that a person has concealed possession of unpurchased merchandise 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 establish- ment relative to the ownership of the merchandise. 5.14.060 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. Section 4. There is hereby created a new Chapter 5.15 in the Edmonds City Code entitled "Anticipatory Offenses" to read as follows: 5.15.010 Criminal attempt. (1) A person is guilty of an attempt to commit crime if, with intent to commit a specific crime, he does any act which is a substantial step toward the commission of that crime. (2) If the conduct in which a person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was,.under the attendant circumstances, factually or legally impossible of com- mission. 12 5.15.020 Criminal solicitation. A person is guilty of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he offers to give or gives money or other thing of value to another to engage in specific conduct which would constitute such crime or which would establish complicity of such other person in its commission or attempted commission had such crime been attempted or committed. 5.15.030 Criminal conspiracy. (1) A person is guilty of a criminal conspiracy when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substan- tial step in pursuance of such agreement. (2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired: (a) Has not been prosecuted or convicted; or (b) Has been convicted of a different offense; or (c) Is not amenable to justice; or (d) Has been acquitted; or (e) Lacked the capacity to commit an offense. Section 5. Chapter 5.16 of the Edmonds City Code is hereby amended to be entitled "Crimes Against Persons" and to read as follows: 5.16.010 Assault. A person is guilty of assault when he: (1) Recklessly causes bodily injury to another person; or (2) With criminal negligence causes bodily injury to another person by means of a deadly weapon; or (3) Intentionally places or attempts to place another person in fear or apprehension of bodily harm by any act, word or threat. 5.16.020 Reckless Endangerment. A person is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious bodily injury to another person. 13 5.16.030 Coercion. (1) A person is guilty of coercion if by use of threat he compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to obstain from conduct which he has a legal right to engage in. (2) Threat as used in this section means to communi- cate directly or indirectly, intent immediately to use force against any person who is present at the time or threats as defined in Section 5.12.040 of the Edmonds City Code. Section 6. There is hereby created a new Chapter 5.17 in the Edmonds City Code entitled "Crimes Against Property" to read as follows: 5.17.010 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: (1) "Appropriate lost or misdelivered property or services" means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property; (2) "By color or aid of deception" means that 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; (3) "Credit card" means any instrument or device, whether incomplete, revoked, or expired, whether known as a credit card, credit plate, charge plate, courtesy card, or by any other name, issued with or without fee for the use of the cardholder in obtaining money, goods, services, or anything else of value, including satisfaction of a debt or the payment of a check drawn by a cardholder, either on credit or in consideration of an undertaking or guarantee by the issuer; (4) "Deception" occurs when an actor knowingly: (a) Creates or confirms another's false impres- sion which the actor knows to be false; or (b) Fails to correct another's impression which the actor previously has created or confirmed; or 14 (c) Prevents another from acquiring information material to the disposition of the property involved; or (d) Transfers or encumbers property without dis- 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 (e) Promises performance which the actor does not intend to perform or knows will not be performed. (5) "Deprive" in addition to its common meaning means to make unauthorized use of an unauthorized copy of records, information, data, trade secrets, or computer programs, provided that the aforementioned are of a private proprietary nature; (6) "Obtain control over" in addition to its common meaning, means: (a) 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 (b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another; (7) "Wrongfully obtains" or "exerts unauthorized control" means: (a) To take the property or services of another; or (b) Having any property or services in one's possession, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his own use or to the use of any person other than the true owner or person entitled thereto; (8) "Owner" means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services; 15 (9) "Receive" includes, but is not limited to, acquir- ing title, possession, control, or a security interest, or any other interest in the property; (10) "Services" includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the use of equipment for use, and the use supplying of commodities of a public utility nature such as gas, electricity, steam, and water; (11) "Stolen" means obtained by theft, robbery, or extortion; (12) "Value" means the market value of the property or services at the time and in the approximate area of the criminal act. 5.17.020. Theft. A person is guilty of theft if he: (1) Wrongfully obtains or exerts unauthorized control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or (2) By color or aid of deception, obtains control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or (3) Appropriates lost or misdelievered property or services of another, or the value thereof, with intent to deprive him of such property or services. In any prosecution for theft, it shall be a suf- ficient defense that the property or service was ap- propriated openly and avowedly under a claim of title preferred in good faith, even though the claim be untenable. 5.17.030. Possessing stolen property. (1) A person is guilty of possessing stolen property if he knowingly receives retains, possesses, conceals or disposes of stolen property and is reckless with respect to the fact that it has been stolen and, withholds or ap- propriates 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. a (3) When a person not an issuer or agent thereof has in his possession or under his control stolen credit cards issued in the names of two or more persons, he shall be presumed to know that they are stolen. This presumption may be rebutted by evidence raising a reasonable inference that the possession of such stolen credit cards was without knowledge that they were stolen. 5.17.040. Obscuring identity of a machine. A person is guilty of obscuring identity of a machine if he knowingly: (1) Obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, firearm or other device with intent to render it unidentifiable; or (2) Possesses a vehicle, machine, engine, apparatus, appliance, firearm or other device held for sale knowing that the serial number or other identification number or mark has been obscured. (3) "Obscure" means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable. 5.17.050 Property Destruction. A person is guilty of property destruction if he: (1) Knowingly damages or destroys the property of another person; or (2) Creates a substantial risk of interruption or impairment of service rendered to the public by damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power or communication. 5.17.060. Littering. A person is guilty of littering if he throws, drops or leaves any discarded object, debris, waste, paper, glass, can, garbage, rubbish, trash, lawn rakings or other litter upon any public or private property of another or waters within the jurisdic- tion of the City, unless such property is designated by the state, political subdivision thereof, or municipal corporation for the disposal of garbage and such person is authorized to use such property for such purpose or unless it is placed in a litter receptacle installed for such purpose. 5.17.070 Criminal Trespass. (1) Every person, knowing that he is not licensed or privileged to do so, who 17 enters or remains in any building or occupied structure or separately secured or occupied portion thereof including but not limited to publicly owned or occupied buildings, structures or portions thereof is guilty of criminal trespass. (2) Every person, knowing that he is not licensed or privileged to do so, who enters or remains in any public or private place or on any public or private premises as to which notice against trespass thereon is given by the owner or some other authorized person, through: (a) Actual communication to the actor; or (b) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or (c) Fencing or other enclosure manifestly designed to exclude intruders, is guilty of criminal trespass. (3) Every person, knowing that he is not licensed or privileged to remain, who defies an order to leave public or private places or public or private premises communicated to him by the owner of said place or premises or by some other authorized person, is guilty of criminal trespass. It is a defense to prosecution for criminal trespass under this section that: (a) The building or occupied structure referred to in subsection (1) above was abandoned; or (b) Any place or premises referred to in this section were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or (c) The actor in this section or other person empowered to license access thereto would have licensed him to enter or remain; or (d) The actor had possession of the premises originally under a landlord -tenant relationship or as mortgagor or vendee on a real estate contract. 5.17.080 Vehicle Prowling. A person is guilty of vehicle prowling if with intent to commit a crime against a person or property within therein he enters lu or remains unlawfully in a vehicle. 5.17.090. Unlawful issuance of checks or drafts. (1) Any person who, with intent to defraud, makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depository, knowing at the time of such drawing or delivery that the maker or drawer has not sufficient funds in, or credit with, said bank or depository to meet said check in full upon its presentation, is guilty of unlawful issuance of bank check. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank for the payment of such check, draft or order. (2) The uttering or delivery of such a check, draft or order to another person, firm or corporation without such fund or credit to meet the same is prima facie evidence of an intent to defraud. 5.17.100. Unauthorized use of a motor vehicle. A person is guilty of unauthorized use of a motor vehicle when: (1) Knowing he does not have consent of the owner he takes, operates or exercises control over a motor vehicle; or (2) Knowing that a motor vehicle has been unlawfully obtained, he rides in such vehicle or uses it for transportation purposes; or (3) Having custody of a motor vehicle pursuant to an agreement between himself or another and the owner thereof whereby he or another is to perform for compensation a specified service for the owner in- volving the maintenance, repair, use or storage of such vehicle he intentionally uses or operates the same without the consent of the owner for his own purposes in a manner constituting a gross deviation from the agreed purpose. 5.17.110 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 or for any other unlawful purpose; or (2) Pretends to be a representative of some person or organization or a public servant and does an act in his pretended capacity with intent to defraud another or for any other unlawful purpose. 19 5.17.120 Reckless Burning. A person is guilty of reckless burning if he knowingly causes a fire or explosion, whether on his own property or that of another, and thereby recklessly places a building, structure or any other property in danger of destruc- tion or damage. Section 7. There is hereby created a new Chapter 5.19 of the Edmonds City Code entitled "Crimes by and Against Juveniles" to read as follows: 5.19.010 Definitions. As used in this chapter the following words have the following meanings. (1) "Adult" means a person eighteen (18) years or older. (2) "Delinquent" or "dependent" child means the same thing as defined in RCW 13.04.010. (3) "Liquor" means liquor as defined in RCW 66.04.010. (4) "Minor" means any person less than eighteen (18) years of age unless otherwise specifically designated. (5) "Tavern" means the same thing as defined in RCW 66.04.010(31). 5.19.020 Minors Prohibited in taverns. It is unlawful for any person under the age of twenty-one years to enter or be found in a tavern. 5.19.030 Contributing to the delinquency or dependency of a minor. It is unlawful for anyone by act or omission knowingly to encourage, cause or contribute to the delinquency or dependency of a minor. 5.19.040 Furnishing liquor to an unauthorized person. It is unlawful for any person to give or otherwise supply liquor to any person under the age of twenty-one (21) years or to permit any person under twenty-one (21) years of age to consume liquor on or in his premises or on any premises under his control. Provided, that this section shall not apply in the case of liquor given or supplied to a person under the age of twenty- one (21) years: (1) By his parent or guardian for beverage or medicinal purposes; or (2) By his physician or dentist for medicinal purposes; or 20 (3) In connection with recognized religious services. 5.19.050. Posses.s-ion of liquor by minors. No person under the age of twenty-one (21) years shall purchase, consume, or possess liquor. Provided that this section shall not apply in the cases specified in Section 5.19.040 of the Edmonds City Code. 5.19.060 Leaving Children in unattended parked automobile. No person having the custody and care, whether temporary or permanent, of a minor child under the age of twelve (12) years shall leave such child in a parked automobile unattended by an'adult while such person enters a tavern or other permanent premises where liquors are dispensed for consumption on the premises. 5.19.070. Minors forbiden to use firearms. No minor under the age of sixteen (16) 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, any firearm of any kind. Section 8. Chapter 5.20 of the Edmonds City Code is hereby amended to be entitled "Crimes Against Public Order" and to read as follows: 5.20.010. Unlawful Assembly. A person is guilty of crime of unlawful assembly, if acting with three or more other persons: (1) He knowingly and unlawfully uses or threatens to use force or in any way participates in the use of such force against any other person or against property; or (2) He congregates with a group of three or more other persons and: (a) there are acts of conduct within that group which create a substantial risk of causing injury to any person or substantial harm to property; and (b) he refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing a law. 5.20.020. Disorderly conduct. A person is guilty of disorderly conduct if he: 21 (1) Uses abuse of language and thereby intentionally creates a risk of assault; or (2) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; or (3) Intentionally obstructs vehicular or pedestrian traffic without lawful authority. (4) By means of any disorderly shouting, drunkenness, brawling, fighting, or other disorderly conduct knowingly causes or tends to cause a disturbance of the peace and quiet. 5.20.030 Smoking Prohibited. (1) A person shall be guilty of violating smoking prohibitions if he lights a pipe, cigar or cigarette or enters or remains with a lighted pipe, cigar or cigarette in any building or portion thereof in which is posted in a conspicuous place in a notice in plain legible characters stating that no smoking is allowed in such building or portion thereof. 5.20.040. Di.sruptio.n... of School Activities. (1) It shall be unlawful for any person to willfully disobey the order of the chief administrative officer of a public school district, or of an authorized designee of any such administrator, to leave any motor vehicle, building, grounds or other property which is owned, operated or controlled by the school district if the person so ordered is committing, threatens to imminently commit or incites another to imminently commit any act which would disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district. (2) It shall be unlawful for any person to refuse to leave public property immediately adjacent to a building, grounds or property which is owned, operated or con- trolled by a school district when ordered to do so by a law enforcement officer if such person is engaging in conduct which creates a substantial risk of causing injury to any person, or substantial harm to property, or such conduct amounts.to disorderly conduct under RCW 9A.84.030. (3) Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, freedom of press and the right to peaceably assemble and petition the government for a redress of grievances: PROVIDED, that such 22 activity neither does or threatens imminently to materially disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district, or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district: PROVIDED FURTHER, that such activity is not conducted in violation of a pro- hibition or limitation lawfully imposed by the school district upon entry or use of any motor vehicle, build- ing, grounds or other property which is owned, operated or controlled by the school district. 5.20.050. False reporting. A person is guilty of false reporting if with knowledge that the informa- tion 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. Section 9. A new Chapter 5.21 of the Edmonds City Code is hereby created entitled "Obstructing Governmental Operations" to read as follows: 5.21.010 Obstructing justice Any person violating any of the following provisions is guilty of a misdemeanor: (1) Obstructing Public Officer. Every person who makes any willfully untrue, misleading or exaggerated statements to a public officer, or who willfully hinders, delays or obstructs in the discharge of his official powers or duties, any public officer; or (2) Destroying Evidence. Every person who, with intent to conceal the commission of any crime, or to protect and conceal the identity of any person com- mitting the same, or with intent to delay or hinder the adminstration of the law or to prevent the production thereof at any time, in any court or before any officer, tribunal, judge or magistrate, willfully destroys, alters, erases, obliterates or conceals any book, paper, record, writing, instrument or thing; or (3) Tampering with Witnesses. Every person who willfully prevents or attempts to prevent, by persuasion, threats 23 or otherwise, any person from appearing before any court, or officer authorized to subpoena witnesses, as a wit- ness in any action, proceeding or investigation, with in- tent thereby to obstruct the course of justice. 5.21.020 Impersonating an officer. Any person who fal- sely impersonates a public officer, civil or military, or a policeman; or a private individual having special authority by law to perform an act affecting the right or interest of another, or who, without authority, assumes any uniform or badge of which such an officer or person is lawfully distinguished by,, and in such assumed character shall do any act purporting to be official, whereby another is injured or defrauded, is guilty of a misdemeanor. 5.21.030. Resisting arrest. A person is guilty of resist- ing arrest if he intentionally prevents or attempts to prevent a peace officer from lawfully arresting him. 5.21.040 Refusing to summon aid for police officer. A person is guilty of refusing to summon aid for a peace of- ficer if, upon request by a person he knows to be a peace officer, he unreasonably refuses or fails to summon aid for such peace officer. 5.21.050 Escape. A person is guilty of escape if he escapes from custody. For the purposes of this section, custody means restraint pursuant to a lawful arrest or an order of the court. 5.21.060. False fire, Burglary or robbery alarms. No person shall knowingly activate any burglary or robbery alarm unless such person has reasonable grounds to believe there is a burglary, robbery, or attempted burglary or robbery on the premises. No person shall knowingly acti- vate any fire alarm unless such person has reasonable grounds to believe there is a fire or imminent threat of fire on the premises. 5.21.070 Bribery. (1) A person is guilty of bribery if: (a) With the intent to secure a particular result in a particular matter involving the exercise of a public servant's vote, opinion, judgment, exer- cise of discretion, or other action in his offi- cial capacity, he offers, confers, or agrees -24- to confer any pecuniary benefit upon such public servant; or (b) Being a public servant, he requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will be used to secure or attempt to secure a particular result in a particular matter. (2) It is no defense to a prosecution under this section that the public servant sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked juris- diction, or for any other reason. 5.21.080. False swearing. A person is guilty of false swearing if he makes a false statement, which he knows to be false, under an oath required or authorized by law. (2) Inconsistent statements. Where, in the course of one or more official proceedings, a person makes incon- sistent statements under oath, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and known by the defendant to be false. In such case it shall not be necessary for the prosecution to prove which statement.was false but only that one or the other was false and known by the defendant to be false. (3) Retraction. No person shall be convicted of false swearing if he retracts his false statement in the course of the same proceeding in which it was made, if in fact he does so before it becomes manifest that the falsification is or will be exposed and before the falsification substantially affects the proceeding. Statements made in separate hearings at separate stages of the same trial, administrative, or other official proceeding shall be treated as if made in the course of the same proceeding. (4) Irregularities no defense. It is no defense to a prosecution for false swearing: (a) That the oath was administered or taken in an irregular manner; or (b) That the person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law. 25 (5) Statement of what one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement of that which he knows to be false. 5.21.090. Requesting unlawful compensation. A public servant is guilty of requesting unlawful compensation if he requests a pecuniary benefit for the performance of an official action knowing that he is required to perform that action without compensation or at a level lower than that requested. 5.21.100. Receiving or granting unlawful compensation. A person is guilty of receiving or granting unlawful compensation if: (1) Being a public servant, he requests, accepts, or agrees to accept compensation for advice or other as- sistance in preparing a bill, contract, claim or trans- action regarding which he knows he is likely to have an official discretion to exercise; or (2) He knowingly offers, pays, or agrees to pay compen- sation to a public servant for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction regarding which the public servant is likely to have an official discretion to exercise. 5.21.110. Trading in public office. A person is guilty of trading in public office if: (1) He offers, confers, or agrees to confer any pecuniary benefit upon a public servant pursuant to an agreement or understanding that such actor will or may be appointed to a public office; or (2) Being a public servant, he requests, accepts, or agrees to accept any pecuniary benefit from another person pursuant to an agreement or understanding that such person will or, may be appointed to a public office. 5.21.120. Trading in special influence. A person is guilty of trading in special influence if: (1) He offers, confers, or agrees to confer any pecuniary benefit upon another person pursuant to an agreement or understanding that such other person will offer or confer a benefit upon a public servant or procure another to do so with intent thereby to secure or attempt to secure a particular result in a particular matter; or 26 (2) He requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will offer or confer a benefit upon a public servant or procure another to do so with intent thereby to secure or attempt to secure a particular result in a particular matter. Section 10. Chapter 5.24 of the Edmonds City Code is hereby amended to be entitled "Offenses Against the Public Morals" and shall read as follows: 5.24.010 Public indecency. A person is guilty of public indecency if he intentionally in any public place or any place exposed to public view, engages in any lewd act or makes an indecent exposure of his person. Section 11. There is hereby created a new Chapter 5.25 of the Edmonds City Code entitled "Miscellaneous Crimes" to read as follows: 5.25.010 Unlawful possession of libarary books. A person shall be guilty of unlawful possession of library books if he willfully retains any book, newspaper, magazine, pamphlet, manuscript, recording or other property belonging to or in any public library, reading room or other educational institution for thirty (30) 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. 5.25.020. Abandoning, discarding, or refrigeration equipment. Any person who discards or abandons or leaves in any place accessible to children any refrigera- tor, ice box, or deep freeze locker having a capacity of one and one-half feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. Any owner, lessor, lessee, or manager who knowingly permits such unused refrigerator, ice box or deep freeze locker to remain on the premises under his control without having the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor. Guilt of a violation of this paragraph of this section shall not, in itself render any person guilty of any crime against a person who may suffer death or injury from entrapment in such refrigerator, ice box or deep freeze locker. 27 Any person who keeps or stores refrigerators, ice boxes, or deep freeze lockers for the purpose of sell- ing or offering them for sale shall not be guilty of a violation of this section if he takes reasonable pre- cautions to effectively secure the door of any refrigera- tor, ice box or deep freeze locker held for purposes of sale so as to prevent entrance of any child or children small enough to fit into such articles. Section 12. Chapter 5.40 of the Edmonds City Code is hereby amended to be entitled "Firearms and Other Dangerous Weapons" and to read as follows: 5.40.010 Unlawful discharge. No person shall fire or discharge any firearm of any kind without lawful authority. 5.40.020. Aiming firearms or other deadly weapon. No person shall intentionally aim or point any type of firearm or any other deadly weapon at another person. It shall be no defense to a prosecution under this section that the firearm was unloaded or incapable of being discharged. 5.40.030. Concealed weapon. No person shall carry any firearm or other deadly weapon concealed on his person. 5.40.040. Concealed weapon permit. (1) No person who has been convicted in this state or elsewhere of a crime of violence, shall own a pistol or have one in his possession or under his control. The provisions of this section shall not apply to marshalls, sheriffs, prison or jail wardens or other deputies, policeman or other law enforcement officers, or to any member of the Army, Navy or Marine Corps of the United States or 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 in the United States from the State of Washington, or to regularly enrolled members of clubs organized for the purpose of target shooting and affiliated with the National Shooting Organization; provided, such members are at or are going to or from their place of assembly or target practice, or to officers or employees of the United States who are authorized,to carry concealed pistols, or to any person engaged in the business of manufacturing, repairing or dealing in firearms or the agent or representative of such person having in his possession, using, or carrying a pistol in the usual or ordinary course of his business, or to any person carrying a pistol unloaded in a secure wrapper from the place of purchase or place of business or to 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. (2) The Chief of Police of the City of Edmonds shall, upon the application of any person, issue a license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one (1) year from date of issue, if it appears that the applicant has good reason to fear an injury to his person or property, or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed. The license shall be in the form prescribed by the State of Washington. (3) No person shall deliver a pistol to any person under the age of twenty-one(21), or to anyone whom he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, habitual drunkard, or of unsound mind. (4) No person shall, in the purchasing or securing delivery of a pistol or in applying for a license to carry the same, give false information or other false evidence of his identity. (5) No person shall change, alter, remove or obliterate the name of the maker, the manufacturer's number, or any other mark of identification on any pistol. Pos- session of any pistol upon which such mark shall have been changed, altered, removed or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same. (6) The provisions of this section shall apply to any antique pistols unsuitable for use as firearms and possessed as curiosities or ornaments. Section 13. There is hereby created a new Chapter 5.45 in the Edmonds City Code entitled "Penalties" to read as follows: 5.45.010. Reimbursement of Costs. (1) Generally. (a) The court may require a convicted defendant to pay costs. For the purpose of this section, whenever the court has levied a fine or assessed costs against a 29 corporation or unincorporated association, the person or persons authorized to make disbursements from the assets of said organization shall be deemed to be the defendant. (b) Costs shall be limited to expenses specially incurred by the city in prosecuting the defendant, including but not limited to the expenses of providing the defendant with assistance of counsel. Costs shall not include expenditures in connection with the maintenance and operation of government agencies that must be made by public irrespective of specific violations of law. (c) The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose. (d) A defendant who has been sentenced to pay costs, and who is not in contumacious default in the payment thereof, may at any time petition the court which sentenced him for modification of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defen- dant or his immediate family, the court may modify all or part of the amount due in costs, or modify the method of payment as provided in this section. (2) Time Allowed for Payment. When a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence, the fine or costs shall be payable forthwith. (3) Default. (a) When a defendant sentenced to pay a fine or costs defaults in the payment thereof, or of any install- ment, the court, on motion of the city attorney or upon its own motion, may require the defendant to show cause why the default should not be treated as contempt of court, and -may issue a show -cause summons or a warrant of arrest for the defendant's appearance. (b) If the court finds the default was attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make a good faith effort to make the payment, the court may find that the defendant is in contempt of court and may order the defendant's commitment until the fine or costs, or a specified part thereof, is paid. 30 (c) The term of imprisonment for contempt for nonpayment of a fine or costs shall be set forth in the commitment order, and shall not exceed one day for each twenty-five dollars ($25.00) of the fine or costs or fraction thereof, or thirty days (30) days, whichever is the shorter period. The court shall specify in its commitment order the rate per day at which the defen- dant shall be given credit towards payment of the fine or costs. (d) If the court finds that the default is not contempt, the court may enter an order allowing the defendant additional time to pay the fine or costs of any installment thereof, and/or the court may revoke the fine or costs in whole or in part. (e) A default in the payment of a fine or costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judg- ment. The levy of execution for the collection of a fine or costs shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or costs has actually been collected. 5.45.020. Penalties. (1) Notwithstanding any other city ordinance or provision of the city code regarding violations and penalties therefor (with the exception of those sections of the city code hereinafter specifically excluded from the operation of this subsection), any person or persons who violate or fail to comply with any of the provisions of the ordinances of the city, including the city code, or any part thereof, shall, upon conviction of the violation, be punished by a fine in any sum not exceeding the sum of two hundred fifty dollars ($250.00), or by imprisonment in jail for a term not exceeding ninety (90) days or by both such fine and imprisonment. Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation thereof and a separate offense thereunder, and upon conviction thereof shall be punished as herein provided. This section is in- tended to supersede the penalty provisions of any and all previously adopted city ordinances in conflict herewith, except as otherwise herein provided, and in the event of conflict herewith, the previously adopted ordinances shall be deemed amended to conform with the penalty provisions of this section. 31 (2) Provided, however, the following sections of the city code are specifically excluded from the operation of the above section, and any violation or failure to comply with any of the provisions of those sections shall, upon conviction of the violation, be punished by a fine in any sum not exceeding the sum of five hundred dollars ($500.00), or by imprisonment in jail for a term not exceeding ninety (90) days or by both such fine and imprisonment. (a) RCW 46.52.010. Duty on striking unattended car or other property. (adopted by reference as part of the MTO); (b) RCW 46.52.020. Duty in case of injury to or death of person or damage to attended vehicle. (adopted by reference as part of the MTO); (c) RCW 46.61.500. Reckless driving. (adopted by reference as part of the MTO); (d) RCW 46.61.506. Persons under the influence of intoxicating liquor or drugs. (adopted by reference as part of the MTO). (3) The penalties for violation of these portions of this code as set forth hereafter shall, upon conviction, be punished solely by fine in a sum not exceeding two hundred fifty dollars ($250.00), and shall not be subject to imprisonment in jail except as provided herein in subsection 4. (a) Section 5.19.020 and Section 5.19.050. Liquor --Minors; (b) First conviction for an offense that would be a violation of Chapter 5.60, Dangerous Drugs; (c) First conviction of an offense that would be a violation of Section 5.17.020, Theft; (d) First conviction of an offense that would be a violation of Section 5.20.020, Disorderly conduct; (e) All of Title 8, except as provided in sub- section 2 herein. (4) Upon a second or subsequent conviction for an offense that is a violation of those portions of this code set forth herein in subsection 3, subdivisions (a) through (d), such offense shall be punishable, upon 32 conviction, by a fine in a sum not exceeding two hundred fifty dollars ($250.00), or by imprisonment in jail for a term not exceeding ninety (90) days or by both such fine and imprisonment." Section 14. Chapter 5.36 of the Edmonds City Code is hereby repealed. Section 15. This Ordinance shall be in full force and effect as of March 7, 1977. MAYOR, H. H. HARRISON ATTEST: CITY CLERK, IRENE ARNEY MORAN FILED WITH THE CITY CLERK: Februaryl6, 1977 PASSED BY THE CITY COUNCIL: February 22, 1977 PUBLISHED: March 2, 1977 33