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;
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(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;
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(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;
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(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.
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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
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(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.
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(2) A person is legally accountable for the conduct of
another person when:
(a) Acting with the kind of culpability that is
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
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(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;
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(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.
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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.
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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.
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(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
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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
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