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Ordinance 2531RPB : j t 8/21/85 ORDINANCE NO. 2531 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REVISING AND REORGANIZING THE CITY'S CRIMINAL ORDINANCES BY REPEALING PORTIONS OF TITLE FIVE OF THE EDMONDS MUNICIPAL CODE; ADOPTING NEW CHAPTERS 5.01 THROUGH 5.50, INCLUDING THE ADOPTION BY REFERENCE OF CERTAIN STATE STATUTES WHICH DEFINE CRIMINAL OFFENSES AND ESTABLISH PENALTIES; AND RENUMBERING CERTAIN CHAPTERS AND SECTIONS WITHIN SAID TITLE FIVE. WHEREAS, the Edmonds City Council finds that Title Five of the Edmonds Municipal Code has become outdated and is in need of revision to bring about consistency with state criminal statutes, ensure properly defined crimes and specify appropriate penalties for violations, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following chapters of the Edmonds Municipal Code are hereby repealed: 5.12 Preliminary Article 5.13 Principles of Liability 5.14 Defenses 5.15 Anticipatory Offenses 5.16 Offenses Against Persons 5.17 Crimes Against Property 5.19 Crimes By and Against Juveniles 5.20 Crimes Against Public Order 5.21 Obstructing Governmental Operations 5.24 Offenses Against Public Morals 5.25 Miscellaneous Crimes 5.30 Dangerous Drugs, Controlled Substances and Unlawful Compounds 5.40 Firearms and Dangerous Weapons 5.42 Unfair Housing Section 2. The following chapters and corresponding sections of the Edmonds Municipal Code are hereby renumbered as follows: New Cha ter No. Boating code 5.10 Fireworks 5.26 Noise abatement & control 5.30 Park regulations 5.32 Public morals, crimes relating to 5.38 violations bureau 5.48 Penalties 5.50 Current Chapter No. 5.41 5.29 5.35 5.43 5.24 5.02 5.45 Section 3. There is hereby added to the Edmonds Municipal Code new chapters 5.01 through 5.50, a copy of which is attached hereto and incorporated herein by reference. The state statutes referenced in said chapters are specifically adopted as a part of the Edmonds Municipal Code as if set forth herein. Section 4. The provisions of this ordinance do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this ordinance, or to the construction and application of any defense to a prose- cution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted. Section 5. Incident to the adoption by reference of certain state laws contained in the Revised Code of Washington, one copy of the text of the statutes adopted by reference in this - 2 - ordinance shall be filed with the City Clerk as required by RCW 35A.12.140 for use and examination by the public. Section 6. This ordinance and the penalty provision contained in Section 5.24.050 of Title 5 which is adopted herein by reference shall be published in the official newspaper of the City, and shall take effect and be in full force thirty (30) days after the date of publication. APPROVED: LU"> MAYOR, LA RY S. NAUGHTEN ATTEST/AUTHENTICATED: GPI CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFIC F T CIT TTORNEY: BY FILED WITH THE C Y CLERK: p)' %5PLztj IS85- PASSED BY THE CITY COUNCIL: November 4, 1985 PUBLISHED: November 9, 1985 EFFECTIVE DATE: December 9, 1985 ORDINANCE NO. 2531 - 3 -- 9/30/85 CITY OF EDMONDS TITLE 5 PUBLIC SAFETY AND MORALS Index to Chapters: 5.01 Preliminary Article 5.02 Advertising, Crimes Relating To 5.04 Alcoholic Beverages 5.05 Animals, Control and Crimes Relating To 5.08 Anticipatory Offenses 5.10 Boating Code 5.12 Children and Minors, Crimes Relating To 5.14 Controlled Substances, Paraphernalia and Toxic Fumes 5.22 Fire, Crimes Relating To 5.24 Firearms and Dangerous Weapons 5.26 Fireworks 5.28 Frauds, Swindles and False Representations 5.30 Noise Abatement and Control 5.32 Park Regulations 5.34 Persons, Crimes Relating To 5.36 Property, Crimes Relating To 5.38 Public Morals, Crimes Relating To 5.40 Public Officers, Crimes Relating To 5.42 Public Peace, Crimes Relating To 5.46 Miscellaneous Crimes 5.48 Violations Bureau 5.50 Penalties and Court Costs Index to Sections: 5.01 Preliminary Article 5.01.010 General provisions 5.01.020 Principles of liability 5.01.030 Defenses 5.01.040 Contempt 5.01.050 Construction 5.01.060 Severability 5.02 Advertising, Crimes Relating To 5.02.010 Advertising, prohibitions 5.04 Alcoholic Beverages 5.04.010 Alcoholic beverage control and enforcement 5.05 Animals, Control and Crimes Relating To 5.05.001-.300: Formerly codified as ECC 5.05.001-.300 5.08 Anticipatory Offenses 5.08.010 Anticipatory offenses prohibited 5.10 Boating__Code 5.10.010-.090: Formerly codified as ECC 5.41.010-.090 5.12 Children and Minors, Crimes Relating To 5.12.010 Children and Minors - Conduct prohibited A. Leaving children unattended in parked vehicle B. Communication with a minor for immoral purposes C. Definitions D. Possession of depictions of minor engaged in sexually explicit conduct E. Processors of depictions of minor engaged in sexually explicit conduct 5.12.020 Contributing to the delinquency of a minor 5.14 Controlled Substances, Paraphernalia.and Toxic Fumes 5.14.010 Controlled substances 5.14.020 Possession of paraphernalia prohibited 5.14.030 Inhaling toxic fumes 5.22 Fire, Crimes Relating To 5.22.010 Reckless burning 5.22.020 Fire - Miscellaneous crimes 5.24 Firearms and Dangerous Wea ons 5.24.010 Firearms and dangerous weapons - Prohibitions 5.24.020 Aiming or discharging weapons 5.24.030 Discharge of firearms prohibited 5.24.040 Weapons prohibited on liquor sale premises 5.24.050 Penalty - 2 -- 5.26 Fireworks 5.26.010-.240: Formerly codified as ECC 5.29.010-.240 5.28 Frauds, Swindles and False Representations 5.28.010 Frauds and swindles prohibited 5.28.020 False representations 5.30 Noise Abatement and Control 5.30.010-.240: Formerly codified as ECC 5.35.010-.240 5.32 Park Re ulations 5.32.010-.140: Formerly codified as ECC 5.43.010-.140 5.34 Persons, Crimes Relating_To 5.34.010 Assault and other crimes involving physical harm 5.34.020 Placing a person in fear or apprehension by threat 5.34.030 Domestic violence 5.34.040 Violation of no contact orders 5.34.050 Custodial interference 5.36 Property, Crimes Relating To 5.36.010 Theft, UIBC and related crimes 5.36.020 Malicious mischief 5.36.040 Trespass and related crimes 5.36.050 Nuisance 5.38 Public Morals, Crimes Relating To 5.38.010-.120: Formerly codified as ECC 5.24.010-.120 5.40 Public Officers, Crimes Relatin To 5.40.010 Obstructing public officers 5.40.020 Obstructing justice, criminal assistance, introducing contraband and related offenses 5.40.030 Escape 5.42 Public Peace, Crimes Relating To 5.42.010 Disorderly conduct 5.42.020 Riot, failure to disperse, and obstruction 5.42.030 Privacy, violating right of 5.42.040 Libel and slander 5.42.050 Malicious prosecution - Abuse of process - 3 - 5.46 Miscellaneous Crimes 5.46.010 Conduct prohibited 5.46.020 Littering and Pollution 5.46.030 United States and state flags, crimes relating to 5.46.040 Unlawful possession of library books 5.48 Violations Bureau 5.48.010-.080: Formerly codified as ECC 5.20.010-.080 5.50 Penalties and Court Costs 5.50.010-.030: Formerly codified as ECC 5.45.010-.030 - 4 - Chapter 5.01 Preliminary Article Sections: 5.01.010 General provisions 5.01.020 Principles of liability 5.01.030 Defenses 5.01.040 Contempt 5.01.050 Construction 5.01.060 Severability 5.01.010 General provisions. The following statutes of the state of Washington are adopted by reference: A. RCW 9.01.055 Citizen immunity of aiding officer B. RCW 9.01.110 omission, when not punishable C. RCW 9.01.130 Sending letter, when complete D. RCW 9A.04.020 Purposes - principles of construction E. RCW 9A.04.050 People capable of committing crimes (capability of children) F. RCW 9A.04.060 Common law to supplement statutes G. RCW 9A.04.070 Who amenable to criminal statutes H. RCW 9A.04.090 Application of general provisions of the code I. RCW 9A.04.100 Proof beyond a reasonable doubt J. RCW 9A.04.110 Definitions 5.01.020 Principles of liability. The following statutes of the state of Washington are adopted by reference: A. RCW 9A.08.010 General requirements of culpability B. RCW 9A.08.020 Liability of conduct of another, complicity C. RCW 9A.08.030 Criminal liability of corporations and persons acting under a duty to act in their behalf 5.01.030 Defenses. The following statutes of the state of Washington are adopted by reference: A. RCW 9A.12.010 Insanity B. RCW 9A.16.010 Definition C. RCW 9A.16.020 Use of force --When lawful D. RCW 9A.16.060 Duress E. RCW 9A.16.070 Entrapment - 5 - F. RCW 9A.16.080 Action for being detained on mercantile establishment of premises for investigation -"Reasonable grounds" as defense. G. RCW 9A.16.090 Intoxication 5.01.040 Contempt. The following statutes of the State of Washington are hereby adopted by reference: (A) RCW 7.20.010 RCW 7.20.020 RCW 7.20.030 RCW 7.20.040 RCW 7.20.050 RCW 7.20.060 RCW 7.20.070 RCW 7.20.080 RCW 7.20.090 RCW 7.20.100 RCW 7.20.110 RCW 7.20.120 RCW 7.20.130 RCW 7.20.140 (B) RCW 9.23.010 Contempt of court defined Punishment - General Contempt in presence of court - Summary punishment Procedure in other cases Production of defendant if in custody How prosecuted Execution of warrant - Bond Return of warrant - Examination of defendant Judgment and sentence Indemnity to injured party Imprisonment until act performed Offender may be indicted Alias warrant - Prosecution of bond Appeal - Punishment for contempts of justice courts Criminal contempt 5.01.050 Construction. In adopting the foregoing state statutes by reference, only those crimes and offenses within the jurisdic- tion of a noncharter city are intended to be adopted and in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors is to be applied. 5.01.060 Severability. If any section, sentence, clause or phrase of this title should be held to be invalid or uncon- stitutional by a court of competent jurisdiction, such invali- dity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this title. - 6 - Chapter 5.02 Advertising, Crimes Relating to Sections: 5.02.010 Advertising prohibitions 5.02.010 Advertising, prohibitions. The following statutes of the state of Washington are adopted by reference: A. RCW 9.04.010 False advertising B. RCW 9.04.030 Advertising cures of venereal diseases, lost vitality -- monthly regulators C. RCW 9.04.040--------- Evidence - 7 - Chapter 5.04 Alcoholic_ Beverages Section: 5.04.010 Alcoholic Beverage Control and Enforcement 5.04.010 Alcoholic beverage control --Enforcement. The following statutes of the state of Washington are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: A. RCW 66.04.010 Definitions B. RCW 66.20.200 Unlawful acts relating to card of identification and certification card C. RCW 66.28.080 Permit for music and dancing upon licensed premises D. RCW 66.28.090 Licensed premises open for inspection -- Failure to allow E. RCW 66.44.010 Local officers to enforce law --Authority of board -- Liquor enforcement officers F. RCW 66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc. G. RCW 66.44.050 Description of offense in words of statutes -- Proof required H. RCW 66.44.060 Proof of unlawful sale establishes prima facie intent I. RCW 66.44.070 Certified analysis is prima facie evidence of alcoholic content J. RCW 66.44.080 Service of process on corporation K. RCW 66.44.090 Acting without license L. RCW 66.44.100 Opening or consuming liquor in public places M. RCW 66.44.120 Unlawful use of seal N. RCW 66.44.130 Sales of liquor by drink or bottle O. RCW 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal -- Unlawful operation, possession of still or marsh P. RCW 66.44.150 Buying liquor illegally Q. RCW 66.44.160 Illegal possession, transportation of alcoholic beverages R. RCW 66.44.170 Illegal possession of liquor with intent to sell -- Prima facie evidence, what is S. RCW 66.44.175 Violations of law T. RCW 66.44.180 Jurisdiction U. RCW 66.44.200 Sales to persons apparently under the influence of liquor V. RCW 66.44.210 Obtaining liquor for ineligible person X. RCW 66.44.240 Drinking in public conveyance -- Penalty against carrier Y. RCW 66.44.250 --- Penalty against individual Z. RCW 66.44.270 Furnishing liquor to minors -- Possession, use aa. RCW 66.44.280 Minor applying for permit bb. RCW 66.44.290 Minor purchasing liquor cc. RCW 66.44.291 Minor purchasing or attempting purchase liquor -- Penalty dd. RCW 66.44.300 Treating minor, etc., in public place where liquor sold ee. RCW 66.44.310 Minors frequenting tavern -- Misrepresentation of age -- Classification of licenses ff. RCW 66.44.316 Musicians eighteen years and older permitted to enter and remain upon licensed premises during employment gg. RCW 66.44.320 Sales of liquor to minors a violation hh. RCW 66.44.325 Unlawful transfer to a minor of an identification of age ii. RCW 66.44.340 Employees eighteen years and over allowed to sell and carry beer and wine for class E and/or F licensed employees jj. RCW 66.44.370 Resisting or opposing officers in enforcement of title. Chapter 5.05 Animals, Crimes Relating to 5.05.001-.300: Formerly codified as ECC 5.05.001-.300 - 10 - Chapter 5.08 Anticipatory Offenses Section: 5.08.010 Anticipatory offenses prohibited 5.08.010 Anticipatory offenses 2rohibited. The following statutes of the state of Washington are adopted by reference: A. RCW 9A.28.020(1), (2), (3)(e) Criminal attempt B. RCW 9A.28.030 Criminal solicitation C. RCW 9A.28.040(1), (2), (3)(e) Criminal conspiracy Chapter 5.10 Boating Code 5.10.010-.090: Formerly codified as ECC 5.41.010-.090 -- 12 Chapter 5.12 Children and Minors, Crimes Relating to Section: 5.12.010 Conduct prohibited 5.12.020 Contributing to the delinquency of a minor 5.12.010 Conduct prohibited. The following statutes of the State of Washington are adopted by reference: A) RCW 9.91.060 Leaving children unattended in parked automobile B) RCW 9.68A.090 Communicating with a minor for immoral purposes. C) RCW 9.68A.011 Definitions D) RCW 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct E) RCW 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct 5.12.020 Contributing to the delinquency_ „of a_minor. In all cases when any child is dependent or delinquent as defined in RCW 13.34.030, any person who, by act or omission, encourages, causes, or contributes to the dependency or delinquency of such child, shall be guilty of a misdemeanor. - 13 - Chapter 5.14 Controlled Substances, Paraphernalia and Toxic Fumes Sections: 5.14.010 Controlled substance 5.14.020 Possession of paraphernalia prohibited 5.14.030 Inhaling toxic fumes 5.14.010 State Statutes adopted by reference. The following statutes of the state of Washington are hereby adopted by reference as if set forth in full herein: (A) RCW 69.50.101 Definitions (B) RCW 69.50.102 Drug paraphernalia -Definitions (C) RCW 69.50.204(d)(13) Schedule I -Marijuana (D) RCW 69.50.309 Containers (E) RCW 69.50.401(e) Prohibited Acts: A -Penalties (F) RCW 69.50.412 Prohibited Acts: E-Penalties (G) RCW 69.50.505 Seizure and Forfeiture (H) RCW 69.50.506 Burden of Proof (I) RCW 69.50.509 Search and seizure of controlled substances 5.14.020 Possession prohibited. No person shall possess any drug paraphernalia as defined in RCW 69.50.102 with the intent to use or employ the same for manufacturing and/or consuming controlled substances. 5.14.030 Inhaling Toxic Fumes. state of Washington are adopted The following statutes of the by reference: A. RCW 9.47A.010 Definition B. RCW 9.47A.020 Unlawful inhalation --Exception C. RCW 9.47A.030 Possession of certain substances prohibited, when D. RCW 9.47A.040 Sale of certain substances prohibited, when - 14 - Chapter 5.22 Fire, Crimes Relating To Sections: 5.22.010 Reckless burning 5.22.020 Miscellaneous crimes 5.22.010 Reckless burnin . The following statutes of the state of Washington are adopted by reference. A. RCW 9A.48.050 Reckless burning B. RCW 9A.48.060 Reckless burning -- Defenses 5.22.020 Fire - Miscellaneous crimes. The following statutes of the state of Washington are adopted by reference: A. RCW 9.40.040 Operating engine or boiler without spark arrester B. RCW 9.40.100 Injuring or tampering with fire alarm apparatus or equipment -- Sounding false alarm of fire - 15 - Chapter 5.24 Firearms and Dan erous Weapons Sections: 5.24.010 Firearms and dangerous weapons - Prohibitions 5.24.020 Aiming or discharging weapons 5.24.030 Discharge of firearms prohibited 5.24.040 Weapons prohibited on liquor sale premises 5.24.050 Penalty 5.24.010 Firearms and dangerous weapons - Prohibitions. The following statutes of the state of Washington are adopted by reference: A. RCW 9.41.010 B. RCW 9.41.050 C. RCW 9.41.060 D. RCW 9.41.070 E. RCW 9.41.080 F. RCW 9.41.090 G. RCW 9.41.093 H. RCW 9.41.095 I. RCW 9.41.098 J. RCW 9.41.100 K. RCW 9.41.120 L. RCW 9.41.130 M. RCW 9.41.140 N. RCW 9.41.150 O. RCW 9.41.170 Terms defined Carrying pistol Exception Issuance of licenses to carry Delivery to minors and others forbidden Sales regulated --Application to purchase --Grounds for denial Exemptions Denial of application --Appeal Forfeiture of firearms, order by courts -- Return to owner -- Confiscation by law enforcement officer Dealer's licenses, by whom granted and condition thereof --Wholesale sales excepted --Permits prohibited Certain transfers forbidden False information forbidden Alteration of identifying marks prohibited Exceptions Alien's license to carry firearms -- Exception P. RCW 9.41.240 Use of firearms by minor Q. RCW 9.41.250 Dangerous weapons --Evidence R. RCW 9.41.260 Dangerous exhibitions S. RCW 9.41.270 Weapons apparently capable of producing bodily harm, carrying, exhibiting, displaying or drawing unlawful -- Penalty --Exceptions T. RCW 9.41.280 Students carrying dangerous weapons on school property -- 16 - 5.24.020 Aiming or Discharging Weapons. It is unlawful for any person to willfully: A. Aim any loaded or unloaded gun, pistol, revolver or other firearm at or towards any human being; B. Discharge any airgun or weapon other than a firearm; or C. Throw any deadly missile in a public place or in any place where any person might be endangered thereby, although no injury shall result. 5.24.030 Discharge_of firearms prohibited. It is unlawful for any person to discharge any firearm in the City of Edmonds where there is reasonable likelihood of injury to humans, domestic animals or property, provided that this prohibition does not apply to the discharge of firearms by law enforcement officers engaged in the performance of their official powers or duties. This section shall not abridge the right of the individual guaranteed by Article I, section 24 of the State Constitution tc bear arms in defense of self or others. 5.24.040 Weapons prohibited on liquor sale _premises. A. It shall be unlawful for anyone, on or in any portion of an establishment classified by the State Liquor Control Board as off-limits to persons under twenty-one years of age to: 1. Carry any rifle, shotgun or pistol, whether said person has a license or permit to carry said firearm or not, and whether said firearm is concealed or not. 2. Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a length of three inches (3") or more, or any razor with an unguarded blade, whether said weapon or instrument is concealed or not. 3. Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or combination thereof including a device known as num-chuk sticks, or any like device having the same or similar components or parts, whether or not connected by a rope, chain or other device, or any explosive or any poison or injurious gas, or any other instrument or weapon apparently capable of producing bodily harm, whether said instrument or weapon is concealed or not. -- 17 - B. Exceptions: The above shall not apply to or affect the following: 1. A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties; 2. Law enforcement personnel; 3. Security personnel while engaged in official duties; or 4. The proprietor of the premises or his or her employees while engaged in their employment. C. Warnings signs required: Signs, informing the public of the prohibitions contained herein, shall be conspi- cuously posted at all internal and external entrances to any area wherein the carrying of said weapons or instru- ments are prohibited. Said signs shall be provided by the City to all affected places of business, and shall bear the following inscription: "WARNING - WEAPONS PROHIBITED: It shall be unlawful for any person, other than a commissioned law enforcement officer, to enter onto this premise while carrying any of the following weapons or instruments, whether a license or permit to carry said weapon is possessed or not, and whether said weapon or instrument is concealed or not: Rifle, shotgun, pistol, knife, sword, dagger or any other cutting or stabbing instrument, having a blade longer than three inches (3"); or any razor with an unguarded blade; or any explosive; or any poison or injurious gas; or any sling shot, taser, throwing star, bow, sand club, blackjack, metal knuckles, stick, chain, metal pipe, bar, club or combina- tion thereof, including a device known as "num-chuk" sticks, or any like device having the same or similar components or parts; or any weapon or instrument appa- rently capable or producing bodily harm. Edmonds City Code Section 5.24.040." D. Upon conviction said weapon or instrument involved may be confiscated by order of the presiding judge, and shall thereafter be disposed of in accordance with statutes or ordinances governing the disposal of confis- cated or found property. 5.24.050 Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in jail for a term not exceeding ninety (90) days, or by both such fine and imprisonment. - 19 - Chanter 5.26 Fireworks 5.26.010-.240: Formerly codified as ECC 5.29.010-.240 �41= Chanter 5.28 Frauds, Swindles and False Representations Sections: 5.28.010 Frauds and swindles prohibited 5.28.020 False representations prohibited 5.28.010 Frauds and swindles. The following statutes of the state of Washington are adopted by reference: A. RCW 9.45.040 B. RCW 9.45.060 C. RCW 9.45.062 D. RCW 9.45.070 E. RCW 9.45.080 F. RCW 9.45.090 G. RCW 9.45.100 H. RCW 9.45.120 I. RCW 9.45.150 J. RCW 9.45.180 K. RCW 9.45.190 L. RCW 9.45.240 M. RCW 9.45.250 N. RCW 9A.60.040 O. RCW 9A.60.050 Frauds on innkeeper Encumbered, leased or rented personal property Failure to deliver leased personal property -Requisites for presentation -- Construction Mock auctions Fraudulent removal of property Knowingly receiving fraudulent conveyance Fraud in assignment for benefit of creditors Using false weights and measures Concealing foreign matter in merchandise Fraud in operating coin -box telephone or other receptacle Penalty for manufacture or sale of slugs to be used for coin Fraud in obtaining telephone or telegraph service Fraud in obtaining cable television services Criminal impersonation False certification 5.28.020 False representations. The following statutes of the state of Washington are adopted by reference: A. RCW 9.38.010 False representation concerning credit B. RCW 9.38.020 False representation concerning title -- 21 -- Chapter 5.30 Noise Abatement and Control 5.30.010-5.30.090: Formerly codified as ECC 5.35.010-5.35.240 - 22 - Chapter 5.32 Park Regulations 5.32.010-5.32.140: Formerly codified as ECC 5.43.010-.140 - 23 - Chapter 5.34 Persons, Crimes Relating To Sections: 5.34.010 Assault and other crimes involving physical harm 5.34.020 Placing a person in fear or apprehension by threat 5.34.030 Domestic violence 5.34.040 Violation of no contact orders 5.34.050 Custodial interference 5.34.010 Assault and other crimes involvina Dhvsical harm. The following statutes of the state of Washington are adopted by reference: A. RCW 9A.36.040 Simple assault B. RCW 9A.36.050 Reckless endangerment C. RCW 9A.36.070 Coercion D. RCW 9.61.230 Telephone calls to harass, intimidate, torment or embarrass E. RCW 9.61.240 ----- Permitting telephone to be used F. RCW 9.61.250 ----- Offenses, where deemed committed 5.34.020 Placing a person in fear_ or apprehension by threat. A. Every person who shall intentionally place or attempt to place another person in reasonable fear or apprehension of bodily harm by means of a threat shall be guilty of a misdemeanor. B. For purposes of this section, "threat" means to communi- cate, directly or indirectly, by act, word or deed, whether written, spoken or otherwise communicated, the intent to imminently: 1. Cause bodily injury to the person threatened or any other person; or 2. Cause physical damage to the property of a person other than the person making the threat; or 3. Subject the person threatened or any other person to physical confinement or restraint. 5.34.030 Domestic violence: State statutes adopted by reference. The following statutes of the state of Washington as the same -- 24 - exist or shall hereafter be amended are hereby adopted by reference: A. RCW 10.99.020 Definitions B. RCW 10.99.030 Law enforcement officers - Training, powers, duties C. RCW 10.99.040 Restrictions upon and duties of court D. RCW 10.99.045 Appearances by defendant - Orders prohibiting contact E. RCW 10.99.050 Restriction or prohibition of contact with victim - Procedures F. RCW 10.99.055 Enforcement of orders against defendants G. RCW 26.50.010 Definitions H. RCW 26.50.020 Commencement of action - Jurisdiction - Venue I. RCW 26.50.030 Petition for an order for protection - Availability of forms and instructional brochures - Filing fee - Bond not required J. RCW 26.50.040 Application for leave to proceed in forma pauperis K. RCW 26.50.050 Hearing - Service - Time L. RCW 26.50.060 Relief M. RCW 26.50.070 Ex parte temporary order for protection N. RCW 26.50.080 Issuance of order - Assistance of peace officer - Designation of appropriate law enforcement agency O. RCW 26.50.090 Order - Service P. RCW 26.50.100 Order - Transmittal to law enforcement agency - Record in law enforcement information system - Enforceability Q. RCW 26.50.110 Violation of order - Penalties R. RCW 26.50.120 Violation of order - Prosecuting attorney or attorney for municipality may be requested to assist - Costs and attorney's fees S. RCW 26.50.130 Order - Modification - Transmittal T. RCW 26.50.140 Peace officers - Immunity U. RCW 26.50.200 Title to real estate - Effect V. RCW 26.50.210 Proceedings additional 5.34.040 Failure to abide_ by court order. It shall be unlawful for any person subject to a Restraining Order, Protection Order or No Contact Order issued under the provisions of state law, to knowingly and willfully violate the terms of that order. Each violation shall constitute a misdemeanor. 5.34.050 Custodial Interference. The following statutes of the State of Washington are hereby adopted by reference: - 25 - A. RCW 9A.40.070 Custodial interference in degree B. RCW 9A.40.080 Custodial interference - costs - Defense - Consent restricted the second Assessment of defense, 26 - Cha ter 5.36 Property, Crimes Relating To Sections: 5.36.010 Theft, UIBC and related crimes 5.36.020 Malicious mischief 5.36.040 Trespass and related crimes 5.36.050 Nuisance 5.36.010 ThefL, U113C and Related Crimes. The following statutes of the state of Washington are adopted by reference: A. RCW 9A.56.010 Definitions. B. RCW 9A.56.020 Theft --Definition, defense C. RCW 9A.56.050 Theft in third degree D. RCW 9A.56.060 (1)(2)(3)(5) Unlawful issuance of checks or drafts E. RCW 9A.56.140 Possessing stolen property --Definition, credit cards, presumption F. RCW 9A.56.170 Possessing stolen property in the third degree G. RCW 9.54.130 Restoration of stolen property --Duty of officers H. RCW 9A.56.180 Obscuring identity of a machine 5.36.020 Malicious Mischief. A. A person is guilty of malicious mischief in the third degree if he knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree under RCW 9A.48. B. For the purposes of this section, "physical damage", in addition to its ordinary meaning, shall include the alteration, damage or erasure of records, information, data or computer programs which are electronically recorded for use in computers. 5.36.030 Injury or Destruction of Property. It is unlawful for any person to wantonly destroy, cut, alter, remove, deface, mark or write upon, or in any manner injure any window, fence, gate bridge, dwelling, house, engine house, building, awning, railing or any other property, public or private, not his own in an amount not to exceed $250.00. - 27 - 5.36.040 Tres ass and related crimes. The following statutes of the state of Washington are adopted by reference: A. RCW 9A.52.010 Definitions B. RCW 9A.52.060 Making or having burglary tools C. RCW 9A.52.070 Criminal trespass in the first degree D. RCW 9A.52.080 Criminal trespass in the second degree E. RCW 9A.52.090 Criminal trespass -- Defenses F. RCW 9A.52.100 Vehicle prowling G. RCW 9A.52.120 Computer trespass in the second degree H. RCW 9A.52.130 Computer trespass - Commission of other crime 5.36.050 Nuisance. The following statutes of the state of Washington are adopted by reference: A. RCW 9.66.010 Public nuisance B. RCW 9.66.020 Unequal damage C. RCW 9.66.030 Maintaining or permitting nuisance D. RCW 9.66.040 Abatement of nuisance E. RCW 9.66.050 Deposit of wholesome substance Chapter 5.38 Public Morals, Crimes Relating To 5.38.010-.120: Formerly codified at ECC 5.24.010-.120 - 29 - Sections: 5.40.010 5.40.020 5.40.030 Chapter 5.40 Public Officers, Crimes Relating To Obstructing Obstructing introducing Escape public officers justice, criminal assistance, contraband and related offenses 5.40.010 Obstructing Public Officers. It is unlawful for any person to make any willfully untrue, misleading or exaggerated statement to, or to willfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties. 5.40.020 Obstructing justice, criminal assistance, -introducing contraband and related offenses. The following statutes of the state of Washington are adopted by reference: A. RCW 9.69.100 Withholding knowledge of felony involving violence --Penalty B. RCW 9A.76.010 Definitions C. RCW 9A.76.030 Refusing to summon aid for a peace officer D. RCW 9A.76.040 Resisting arrest E. RCW 9A.76.050 Rendering criminal assistance -- Definition of terms F. RCW 9A.76.060 Relative defined G. RCW 9A.76.090 Rendering criminal assistance in the third degree H. RCW 9A.76.100 Compounding I. RCW 9A.76.160 Introducing contraband in the third degree J. RCW 9A.76.170(1)(2)(d) Bail jumping K. RCW 9A.84.040 False reporting 5.40.030 Escape. The following statutes of the state of Washington are adopted by reference: A. RCW 9.31.090 Escape prisoner recaptured B. RCW 9A.76.130 Escape in the third degree - 30 - Chapter 5.42 Public Peace, Crimes Relating To Sections: 5.42.010 Disorderly conduct 5.42.020 Riot, failure to disperse and obstruction 5.42.030 Privacy, violating right of 5.42.040 Libel and slander 5.42.050 Malicious prosecution - Abuse of process 5.42.010 Disorderly conduct. A person is guilty of disorderly conduct if he (a) Uses abusive language and thereby intentionally creates a risk of assault; or (b) Intentionally disrupts any lawful assembly or meeting of persons without authority; or (c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or (d) Intentionally and without lawful authority makes noise which unreasonably disturbs another; or (e) Intentionally engages in any conduct which tends to or does disturb the public peace, provoke disorder, or endanger the safety of others. 5.42.020 Riot, failure to disperse and obstruction. The following statutes of the state of Washington are adopted by reference: A. RCW 9A.84.010(1)(2)(b) Riot B. RCW 9A.84.020 Failure to disperse C. RCW 9.27.015 Interference, obstruction of any court, building or residence - violations 5.42.030 Privacy, violating ri ht of. The following statutes of the state of Washington are adopted by reference: A. RCW 9.73.010 B. RCW 9.73.020 C. RCW 9.73.030 D. RCW 9.73.070 E. RCW 9.73.090 F. RCW 9.73.100 Divulging telegram Opening sealed letter Intercepting, recording or divulging private communication --Consent required --Exceptions ---- Persons and activities excepted Police and fire personnel exempted from RCW 9.73.030 - 9.73.080--Standards Recordings available to defense counsel - 31 - 5.42.040 Libel and slander. The following statutes of the state of Washington are adopted by reference: A. RCW 9.58.010 Libel, what constitutes B. RCW 9.58.020 How justified or excused --Malice, when presumed C. RCW 9.58.030 Publication defined D. RCW 9.58.040 Liability of editors and others E. RCW 9.58.050 Report of proceedings privileged F. RCW 9.58.070 Privileged communications G. RCW 9.58.080 Furnishing libelous information H. RCW 9.58.090 Threatening to publish libel I. RCW 9.58.100 slander of financial institution J. RCW 9.58.120 Testimony necessary to convict 5.42.050 Maliciousprosecution--Abuse of rocess. The following statutes of the state of Washington are adopted by reference: A. RCW 9.62.010 Malicious prosecution B. RCW 9.62.020 Instituting suit in name of another - 32 - Chapter 5.46 Miscellaneous Crimes Sections: 5.46.010 Conduct prohibited 5.46.020 Littering and Pollution 5.46.030 United States and state flags 5.46.040 Unlawful possession of library books 5.46.010 Conduct prohibited. The following statutes of the state of Washington are adopted by reference: A. RCW 9.91.010 Denial of civil rights --Terms defined B. RCW 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated C. RCW 9.91.025 Unlawful bus conduct D. RCW 9.91.110 Meal buyers --Records of purchases -- Penalty E. RCW 9.03.010 Abandoning, discarding, refrigeration equipment F. RCW 9.03.020 Permitting unused equipment to remain on premises G. RCW 9.03.030 Violation of RCW 9.03.010 or 9.03.020 H. RCW 9.03.040 Keeping or storing equipment for sale 5.46.020 Littering and Pollution. The following statute of the state of Washington are adopted by reference: A. RCW 70.93.060 Littering B. RCW 70.54.010 Polluting water supply 5.46.030 United States and state flags, crimes relating to. The following statutes of the state of Washington are adopted by reference: A. RCW 9.86.010 "Flag," etc., defined B. RCW 9.86.020 Improper use of flag prohibited C. RCW 9.86.030 Desecration of flag D. RCW 9.86.040 Application of provisions 5.46.040 Unlawful possession -of library books. A person shall be guilty of unlawful possession of library books if he wilfully retains any book, newspaper, magazine, pamphlet, manuscript, recording or other property belonging to or in any public - 33 - library, reading room or other educational institution for thirty days after notice in writing to return the same, given after the expiration of the time that by the rules of such institution such article or other property may be kept. - 34 - Chapter.5.48 Violations Bureau 5.48.010-.080: Formerly codified as ECC 5.20.010-.080 - 35 - Chapter 5.50 Penalties and Court Costs 5.50.010-.030: Formerly codified as ECC 5.45.010-.030 Mri- M Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOIAISH, ORDINANCE NO, 2531 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, REVISING AND REORGANIZING THE CITY '5 .CRIMINAL ORDINANCES BY REPEALING PORTIONS OF TITLE FIVE OF THE EDMONDS MU- NICIPAL CODE; ADOPTING NEW CHAPTERS 5,01 THROUGH 5,50, INCLUDING THE ADOPTION BY REFERENCE OF CERTAIN STATE STATUTES WHICH DEFINE CRIMINAL OFFENSES AND ESTAB- LISH PENALTIES; AND RENUMBERING CERTAIN CHAPTERS AND SECTIONS WITHIN SAID, TITLE FIVE WHEREAS. the Edmonds City Council finds Thal Title Five of the Edmonds Municipal Code has become outdated nod is In need at revision to bring about can-05fency with .late criminal statutes, ensure Property defined crimes and SDeClfvaaprapriafe penaltle5 for VIOIufIanS. now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS. WASHINGTON, DO ORDAIN AS FOLLOWS Secllon 1. The following chapters of the Edmonds Munlct• oal Cade ore hereby reaealed: 5;1- Preliminary Article 113 Principles of Liability 5:14 Defenses 5:15 Anticipatory Offenses 516 Offenses Against Persons 5.17 Crimes Against Property 5-19-Crimes By and Against Juveniles 9.20,Crimes Against Public Order 5.21 Obstructing Governmental Operations 5.24 Offenses Against Public Morals 5.25 Miscellaneous Crimes 5:30 Dangerous Drugs, Controlled Substances' and Unlawful Compounds 5..40 Firearms and Dangerous Weapons 5-42 Unfair Housing Section 2. The following chapters and corresponding sec- tions of the •Edmonds Municipal Code are hereby renumbered as follows: - New Current Chapter No. Chapter No. Ranking code S.10 5,41 Fireworks 5.26 5:29 Nalse.ob6fEm.erit and control 5.30 5.35 Pork regutalfoh5 5.32 5.43 Pubtic mortns. crimes reiafin9 la 5.18 5.24 Violation$ bureau 5.48 5;82 Penalties 5-50 545 Section 3. There Is hereby added 10 lhe•Edmand5 Mum[I• out -Cade new chant ers. 5.01 fhrauab S:SQ, a CCoy of whiCh IS al}aChed Iterclo and InCorporeled herein by reference. The state• sfafutet, referenced in said Chpoters ore specificollY adonted as o earl of the Edmonds Maniciool Code as it set tprlh herein. Section 4 The provisions of Ibis ordinance do not oaply to or goyern the Can Sir Ucllgn of and ounishmenf .for any or to I the construction and ooplicatlon of any defense to a prme- Cullen for such. an offense. Such an offense must be can - .trued and ounished according to the provisions of law existing id me flroa.of Itse commission fherool in the same manner as if this I{Ile•had not been enacted. $ecrion S Incident m-The adoption by reference of Certain slate lows contained in Ilie Revssed Code of Washington, one cony of the I01 of the stolules adopted by reference to this ordinance shall be filed with the City Clerk as required by RCW 35A.124140 for use and excmtrial ion by the public Section 6. This ardlnon Ce and III$ penalty pravi5fan can, lained. r; Section 5-24-050 of Tllle •S which 4 adopted herein by referenceshall be aublfshed In Ibe official newspader at me CITY. and:shall take effect and he.m lull force thirty 00) daps atler the dafe.01 publication. APPROVED: LARRY S. NAUGHTEN, Moyer A TT ESTIAU T"ENTIC'ATED JACQUELINE G. PARRETT. City Clerk APPROVED AS TO FORM: OFFSEE•OF THE CITY ATTORNEY: By W, SCOTT SNYDER FILFID WITH THE CI'rY CLERIC: Aupust 22, f985, PASSeb,6Y THE CITY COUNCIL: November 4. 1986k EFFECTIVE IDATE' December 9. 1985, ORDINANCE NO. 2531. 5.24.050 Penofly. Any Berson vialdling any of the provisions pl Ihis -ihooler shall be 9u(IIV of a misdemednor, and upon convirtloh thereof. be pllntshed by a fine not IQ eXCeed one thousand dollars ($1.000). or by ir"Prisonrnenl in fail for a term not exceeding ninety S901 days, or by bolh such fine - and imbrlsohmenl. Published: November 9, 1985. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice .................... ....... ____ a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: 0 v and that said newspaper was regularly distributed to its subscribers during all of said perio. .4 Principal Clerk 9 ? f• !_ Subscribed and sworn to before me this ........ :_______ dayof ...................._ ........... 19....... Not Pubiic iz and fat the State of Washington, resi i4 at Everett, Snohomish County. B-2-1