HomeMy WebLinkAbout2441 Regulating Criminal Conduct and Reflecting Changes in State LawOrdinance No. 2441
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CHAPTER 9.02 OF THE PORT TOWNSEND MUNICIPAL CODE,
REGULATING CRIMINAL CONDUCT AND REFLECTING CHANGES
IN STATE LAW
WHEREAS, the City is Charged with protecting public health, peace, safety, and
welfare, for the protection of persons and properties within the City of Port Townsend; and
WHEREAS, it is necessary for the effectiveness of' law enforcement and the
successful prosecution of criminal conduct for the City to adopt criminal laws and regulatiOns
within the City of Port Townsend Municipal Code; and
WHEREAS, as a consequence of changes in Washington State law, the amendment
of the City's Criminal Code is necessary to fulfill the objectives of effective law
enforcement,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1.
to read as follows:
Sections:
9.02.010
9.02.020
9.02.025
9.02.030
9.02.040
9.02.050
9.02.060
(~ t'Y3 t¥'Tt'/
Chapter 9.02 of the Port Townsend Municipal Code is hereby amended
Chapter 9.02
CRIMINAL CODE
Adopted.
Title - Effective date - Severability.
Prosecution under expired or repealed ordinance.
Purpose.
Crime - Misdemeanor - Gross misdemeanor.
RCW 9A.04.050 and 9A.04.060 adopted.
Time limit for commencement of proseCution.
?,rcs ~' ~:~'~ ........
January 18, 1995 Ord. Criminal Code 9.02
9.02 ....070
9.02. !00r080
9.02. ~
9.02.112.100
9.02.~110
9.02 ....120
9.02 ....130
9.02.140
9.02.150
9.02 ....160
9.02.159170
9.02 ....180
9.02.190 ·
9.02.17020Q
9.02 ....210
9.02 ....220
9.02 ....230
9.02.220240
9.02.,~,,,,250
Applicability of provisions.
Presumption of innocence - Conditions for conviction of crime.
State law adopted - Definitions.
State law adopted - Principles of liability.
State law adopted - Insanity.
State law adopted - Defenses.
Classification of crimes.
Authorized sentences of offenders.
Prevention of cruelty to animals - State law adopted.
Dangerous animals~,~ ,,,l~, ........ j ~,, ~ _Animals at large - State law
adopted.
False weights and measures.
Gambling - State law adopted.
Public nuisance - State law adopted.
Obstructing passage on street or sidewalk.
Restitution an alternative to fine.
Skate law adopted - Criminal attempt.
State law adopted - Criminal solicitation.
Criminal conspiracy.
~,~,,,~,~ ~oo~ Assault in the fourth degree.
January 13, 1995 Ord. Criminal Code 9.02 2
9.02.E-40260
9.02 ....270
9.02.280
9.02.290
9.02.300
9.02.260310
9.02.270320
9.02 ....330
9.02.235340
9.02.290350
9.02.300360
9.02.370
9.02.380
Malicious mischief in the third degree.
State law adopted - Title 9A RCW.
Sex offenses - State law adopted.
Harassment and stalking - State law adopted.
Reckless burning - State law adopted.
State law adopted - Title 9 RCW.
State law adopted - Title 28A RCW.
State law adopted - Title 66 RCW.
Furnishing liquor to minors - Possession, use.
Littering - State law adopted - RCW 70.93.060.
Possession of Marijuana and Drug Paraphernalia - State law adopted -
Title 69 RCW.
Unlawffd possession and use of fireworks - State law adopted.
Domestic violence - State law adopted.
9.02.310 390 Unlawful conduct on school property.
9.02.400
9.02.410
9.02.420
9.02.430
9.02.440
9.02.450
9.02.460
(Ord. ~,,f,q[ §1, 1995).
January 13, 1995 Ord. Crirninal Code 9.02
Telephone Harassment - State law adopted.
Duty of Witness of Offense Against Child or any Violent Offense -
Penalty - State law adopted.
Unlawful issuance of checks or drafts - State law adopted.
Possession of stolen property - State law adopted.
Defrauding a Public Utility - State law adopted.
Rendering Criminal Assistance - State law adopted.
Interference with Official Proceedings - State law adopted.
Section 2, A new section 9.02.025 of the Port Townsend Municipal Code is hereby
adopted to read as follows:
9.02.025 Prosecution under expired or repealed ordinance.
No offense committed and no penalty or forfeiture incurred previous to the time when
any ordinance expires, is amended, or is repealed, whether such repeal be express or
implied, shall be affected by such expiration, amendment or repeal, unless a contrary
intention is expressly :declared ~i.n the ordinance, and no prosecution for any offense or for the
recovery of any penalty or forfeiture pending at the time any ordinance expires or is
amended or repealed, :whether such ~repeal be express or implied, shall be affected by such
expiration amendment or repeal, unless a contrary intention is expressly declared in the
expiring or repealing ordinance..
(Ord. ,~'~{ § 2, 1995).
Section 3. Section 9.02.050 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02.050 RCW 9A.04.050 and 9A.04.060 adopted.
RCW 9A.04.050 People capable of committing crimes -- Capability of children and
9A.04.060 Common law to supplement statute, as now or hereafter amended, are hereby
adopted by reference as if set forth in this chapter in tull. (Ord.~'~ § 3, 1995; Ord. 2014
§ 4, 1985).
Section 4.
follows:
Section 9.02.070 of the Port Townsend Municipal Code which reads as
9.02.070 Fires - Misdemeanors.
A. Every person who, with intent to prevent or obstruct the extinguishment of any
fire, removes any apparatus from fire-fighting equipment or otherwise prevents or obstructs
the extinguishment of any fire, is guilty of a misdemeanor.
B. Every person who, at the burning of any building or other uncontrolled fire, is
guilty of any disobedience to the lawful orders of a public officer or fireman or resistance to
or interfering with the lawful efforts of any fireman, or company of firemen to extinguish the
same, or of disorderly conduct likely to interfere with the extinguishment thereof, or who
forbids, prevents or dissuades others from assisting to extinguish such fire, is guilty of a
misdemeanor.
C. If any person maliciously or wantonly sets on fire any field or other grounds,
other than his own or those of which he is in lawful possession, or wilfully or negligently
permits or suffers fire to pass from his own grounds or premises to the injury of another,
such person, upon conviction thereof, is guilty of a misdemeanor. (Ord~'q'~l § 4, 1995;
Ord. 1635 § 6, 1972).
January 13, 1995 Ord. Criminal Code 9. 02 4
REPEALED.
Section 5, Section 9.02.080 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 .... 070 Applicability of provisions.
The provisions of this chapter shall be applicable to offenses defined by the ordinance
codified in this chapter or another ordinance of the city, unless the context otherwise
requires, qr. unless this chapter or such other ordinance specifically provides otherwise.
(Ord.~J~q[ § 5, 1995; Ord, 2014 § 6, 1985).
Section 6.
follows:
Section 9.02.090 of the Port Townsend Municipal Code which reads as
9.02.090 Delivering pistol to minors, drunks, drug addicts and unstable persons.
Any person who delivers a pistol to any person under the age of 18 years or to one he has
reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an
habitual drunkard, or of unsound mind, or is at the time and place under the influence of
drugs or intoxicating liquor, is guilty of a misdemeanor. (Ord~qlql § 6, 1995; Ord. 1635
§ 8, 1972).
is REPEALED.
Section 7. Section 9.02.100 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 .... 080 Presumption of innocence - Conditions for conviction of crime.
Every person charged with the commission of a crime is presumed 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. (Ord.~'~'~! § 7, 1995; Ord. 2014 § 7,
1985).
Section 8. Section 9.02.110 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02.11~'q}90 State law adopted - Definitions.
RCW 9A.04.110 (Definitions), as now or hereafter amended, is hereby adopted by reference
as if set forth in fUll. (Orc0~qt § 8, 1995; Ord. 2014 § 8, 1985).
Section 9. Section 9.02.112 of the Port Townsend Municipal Code is hereby
amended to read as follows:
January 13, 1995 Or&Criminal Code 9.02
11'~
9.02 .... lO0 State law adopted - Principles of liability.
Chapter 9A.08 RCW, as now or hereafter amended, is hereby adopted by reference as if set
forth in full. (Ordinal § 9, 1995; Ord. 2014 § 9, 1985).
Section 10. Section 9.02.114 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02.t-t4110 State law adopted - Insanity.
Chapter 9A. 12 RCW, as now or hereafter amended, is hereby adopted by reference as if set
forth in full. '(Ord..~] § 10, 1995; Ord. 2014 § 10, 1985).
Section 11. Section 9.02.116 of the Port Townsend Municipal Code is hereby
amended to read as follows:
11~
9.02 .... 120 State law adopted - Defenses.
The following sections of the Revised Code of Washington, as now or hereafter amended,
are adopted by reference as if set forth in full: RCW 9A. 16.010; 9A. 16.020; 9A.16.060;
9A. 16.070; 9A. 16.080; and 9A. 16.090 and 9A. 16.100 (Use of force on children). (Ord.
944! § 11, 1995; Ord. 2014 § 11, 1985).
Section 12. Section 9.02.118 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02.118130 Classification of crimes.
A. Any crime punishable by a fine of not more than $1,000, or by imprisonment in a
jail for not more than 90 days, or by both such fine and imprisonment is a misdemeanor.
B. All other crimes set forth in the Port Townsend municipal criminal code other than
misdemeanors shall be gross misdemeanors. (Ord. ~q~l § 12, 1995; Ord. 2014 § 12,
1985).
Section 13. Section 9.02.140 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02.140 Authorized sentences of offenders.
A. Every person convicted of a gross misdemeanor shall be punished by
imprisonment in the county or city jail for a maximum term fixed by the court of not more
than one (1) year or by a fine in an amount affixed by the court of not more than $5,000, or
by both such imprisonment and fine.
B. Every person convicted of a misdemeanor shall be punished by imprisonment in
the county or city jail for a maximum term fixed by the court of not more than 90 days or by
a fine in an amount fixed by the court of not more than $1,000 or by both such
imprisonment and fine. (Ord.~'q~ § 13, 1995; Ord. 2014 § 13, 1985).
January 13, 1995 Ord. Criminal Code 9.02 6
Section 14. A new Section 9.02.150 of the Port Townsend Municipal Code is
hereby adopted tO read as follows:
9.02.150 Prevention of cruelty to animals - State law adopted.
A__~. The following sections of RCW 16.52, as now or hereafter amended, are
hereby adopted by reference as if set forth in full:
RCW 1.6,52.011
RCW 16.52.015
care and Control agencies.
Penalty.
RCW 16.52.080
Notice - Euthanasia.
others.
Definitions -.Principles of liability.
Enforcement - Law enforcement agencies and animal
Transporting or confining in unsafe manner -
Exceptions.
RCW 16.52.085 Removal of animals for feeding - Examination -
RCW 16.52.090 Docking horses - Misdemeanor.
RCW 16.52.095 Cutting ears - Misdemeanor.
R.CW 16.52.100 Confinement without food and water - Intervention by
RCW 16.52.110 Old or diseased animals at large.
RCW 16.52.117 Animal fighting - Owners, trainers, spectators -
10.
11.
12.
13.
14. RCW 16.52.193
Report on suspected purchases.
15. RCW 16.52.195
January 13, 1995 Ord. Criminal Code 9.02'
iRCW 16.52.165 Punishment - Conviction of misdemeanor.
RCW 16.52.180 Limitations on application of chapter.
RCW 16.52.185 Exclusions from chapter.
RCW 16.52.190 Poisoning animals.
Poisoning animals - Strychnine sales - Records -
Poisoning animals - Penalty.
16. RCW 16.52.200 Sentences - Forfeiture of animals - Liability for
costs - Civil penalty - Education, counseling.
17. RCW 16.52.207
18. RCW 16.52.210
Immunity from liability.
19. RCW 16.52.220
requirements - Pet animals.
(Ord.
Animal cruelty in the second degree.
Destruction of animal by law enforcement officer -
Transfers of mammals for research - Certification
20. RCW 16.52.230 Remedies not impaired.
30. RCW 16.52.300 Dogs or cats used as bait - Seizure - Limitation.
§14, 1995).
Section 15. Section 9.02.130 of the Port Townsend Municipal Code which reads as
follows:
9.02.130 Swindling.
Every person who, by color or aid of any trick or sleight of hand performance, or by any
fraud or fraudulent scheme, cards, dice or device, wins for himself or for another any money
or property, or representative of ei_the, r~.shall be punished for swindling in the manner
provided for misdemeanors. (Ord~'~"q[ § 15, 1995; Ord. 1635 § 12, 1972).
is REPEALED.
Section 16. Section 9.02.120 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 ....160 Dangerous animalsl "* ' .... r,_.,,.. ~
..... s ....... atc, ,. Animals at large - State law
adopted.
A__ Dangerous dogs: RCW 16.08.070-. 100, as now or hereafter amended, is
hereby adopted by reference as if set forth in full.
~B. Dangerous animals' Every person having the care or custody of any animal
known to possess any vicious or dangerous tendencies, who allows the same to escape or run
at large in any place or manner liable to endanger the safety of any person, is guilty of a
idem ~, y .........*' .... :'~"'" ..... '~ --~;~; .... ~-' ~' .......................... ~
m s eanor. , n ~,,~,o,.,,, ,,,,,., ,,,,,,,,,.~ ,~,,,, ,,,,,,,,.,,,,,o,j ,,,,,o,~o, ,,,,,,,,,.~, o~.,,,,.o ,.,,
(Ord. 'MI § 16, 1995; Ord. 1635 § 11, 1972).
January 13, 1995 Ord. Criminal Code 9.02 8
Section 17. Section 9.02.150 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02...~,,170 False weights and measures.
Every person who injures or defrauds another by using, with knowledge that the same is
false, a false weight, measure or other apparatus for determining the quantity of any
commodity or article of merchandise, or by knowingly misrepresenting the quantity thereof
of bought or sold, is guilty of a misdemeanor. (Ord~'~4.{ § 17, 1995; Ord. 1635 § 14,
1972).
Section 18. Section 9.02.160 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 ....180 Gambling - State law adopted.
A.__~. The 1973 Gambling Act, RCW 9.46, et. seq., as now or hereafter amended, is
hereby adopted by reference as if set forth in full.
B__~. Every person who opens, conducts, carries on or operates, whether as owner,
manager, agent, dealer, clerk or employee, and whether for hire or not, any gambling game
which is not permitted under r,~,~ ~ ~ Q ,,c ,~.^ T ...... c a.7~ ~:v~ .... ~: ..... e~:~, ~c ,~
...... r ,~: ............ ~ ...... ~ ..... RCW 9 46, et. seq., or who engages in any
game of chance or amusement for which a license is require{ by the city and which license
has not been obtained, is guilty of a misdemeanor. (Order( ~8 1995; Ord. 1681 ~ 1,
1973; Ord. 1635 ~ 15, 1972).
Section 19. A new Section 9.02.190 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.190 Public nuisance - State law adopted.
RCW 9.66.010-.050, as now or hereafter amended, is hereby adopted by
reference as if set forth in full. (Ord~J8~t § .19, 1995).
Section 20. Section 9.02.170 of the Port TOwnsend Municipal Code is hereby
amended to read as follows:
9.02.17~n200 Obstructing passage on street or sidewalk.
Every person obstructing the free and unhindered passage of the public upon any street,
sidewalk, alley or rOad, except where an emergency may exist, or with the prior approval of
the city street superintendent or chief of police, is guilty of a misdemeanor. (Ord$~/[ §20,
1995; Ord. 1635 § 16, 1974).
January 13, 1995 Ord. Criminal Code 9.02 9
Section 21 . Section 9.02.180 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02.1-80210 Restitution an alternative to fine.
RCw 9A.20.030, as now or hereafter amended, is hereby adopted by reference as if set
forth in full. (Oral § 21, 1995; Ord. 2014 § 314, 1985).
Section 22. Section 9.02.'190 of the Port Townsend Municipal Code is hereby
amended to read as follows:
1 hh .
9.02 .... 220 State law adOpted Criminal attempt.
A. RCW 9A.28.020(1)~ and (2) and (3), as now or hereafter amended, are hereby
adopted by reference as if set forth in full.
B. An attempt to commit a crime under this chapter or the municipal code for the city
of Port Townsend, shall be ~ punished in the manner set forth in
RCW 9^.28.020¢3~. (Or6~! § 22, 1995; Ord. 2014 § 15, 1985).
Section 23. Section 9.02.200 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 ....230 State law adopted - Criminal solicitation.
A. RCW 9A.28.030(1), as now or hereafter amended, is hereby adopted by reference
as if set forth in full.
B. Criminal solicitation shall be punishable as a misdemeanor. (Ord .~4'~/§ 23,
1995; Ord. 2014 § 16, 1985).
Section 24. Section 9.02.210 of the Port Townsend Municipal Code which reads as
follows:
9.02.210 Penalty for violations.
The violation of any of the provisions of this chapter shall be punishable in the manner set
forth and provided by PTMC 1.01.020. (Ord~'~] § 24, 1995; Ord. 1635 § 20, 1972).
is REPEALED.
Section 25. Section 9.02.220 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 ....240 Criminal conspiracy.
A. RCW 9A.28.040 (1) and (2), as now or hereafter amended, are adopted by
reference as if set forth in full.
January 13, 1995 Ord. Crirninal Code 9.02 10
B. Criminal conspiracy ja a migdcmcanor shall be punished in the manner set forth in
RCW 9A.28.040(2). (OrO q! § 25, 1995; Ord. 2014 § 17, 1985).
Section 26. Section 9.02.230 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 ....250 ~4mple-q~m~ Assault in the fourth degree.
A. A person is guilty of simple assault in the fourth degree if, under circumstances
not amounting to assault in the first, second or third degrees under RCW 9A.36 .... 011
through 9A.36.031, or custodial assault under RCW 9A.36.100, inclusive, he or she assaults
All sections of the Revised Code of Washington referenced in this subsection, as now or
hereafter amended, are incorporated herein by this reference.
B. Simple a ~Assat~lt in the fourth degree is a gross misdemeanor. (Ord._~9~/§ 26,
1995; Ord. 2128 § 1, 1988; Ord. 2014 § 18, 1985).
Section 27. Section 9.02.240 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02.g40260 Malicious mischief in the third degree.
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 now
amounting to malicious mischief in the first, or second degree, under RCW 9A.48.070 and
9A.48.080.
B. Malicious mischief in the third degree is a gross misdemeanor if the damage to the
property is in an amount exceeding $50.00; otherwise it is a misdemeanor. (Ordl ~
§ 27, 1995; Ord. 2014 § 19, 1985)..
Section 28. Section 9.02.250 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 ....270 State law adopted - Title 9A RCW.
. A. 1. The following sections of the Revised Code of Washington, as now or hereafter
amended, are adopted by reference as if set forth in full' All definitions of RCW Title 9A, to
the extent they apply to all RCW Title 9A offenses adopted in this chapter by reference and:
a. RCW 9A.36.050 Reckless Endangerment in the second degree.
bo
RCW 9A.36.070 Coercion.
RCW 9A.40.010; RCW 9A.40.070; and RCW 9A.40.080
(Custodial Interference in the Second Degree).
January 13, 1995 Ord. Criminal Code 9.02 1 1
Trespass in the First Degree.
Third Degree.
RCW 9A.52.100 Vehicle Prowling in the Second Degree.
RCW 9A.52.010 Definitions; and RCW 9A.52.070 Criminal
RCW 9A.56.010 Definitions; and RCW 9A.56.050 Theft in the
~ RCW 9A.52.060 Making or having burglar tools.
h. RCW 9A.76.020 Obstructing a Law 'Enforcement Officer.
i.__ RCW 9A.76.130 Escape in the third degree.
2. Each of the foregoing violations shall be a gross misdemeanor.
1. The following sections of the Revised Code of Washington, as now or hereafter
amended, are hereby adopted by reference as if set forth in full:
RCW 9A.52.010 Definitions; and 9A,52.080 Criminal Trespass
in the Second Degree.
b. RCW 9A.52.090 Criminal Trespass - Defenses.
c. RCW 9A.76.030 Refusing to Summon Aid for a Peace Officer.
d. RCW 9A.76.040 Resisting Arrest.
e. RCW 9A.76.170(1) and (2)(d) Bail jumping.
f. RCW 9A.84.020 Failure to Disperse.
g. RCW 9A.84.030 Disorderly Conduct.
h__. RCW '9A.84.040 False Reporting.
hi. RcW 9A.88.010 Public ,.d ..... cy Indecent Exposure.
2. Except as otherwise provided above, the foregoing offenses shall be
punishable as misdemeanors.
C. 1. The following sections of the Revised Code of Washington, as now or hereafter
amended, are hereby adopted by reference as if set forth in full:
a. RCW 9A.72.010 Definitions.
January 13, 1995 OM. Criminal Code 9.02 12
b. RCW 9A.72.040 False Swearing. (Orc~et"~/ § 28, 1995; Ord. 2014
§ 20, 21, 24, 1985).
Section 29. A new Section 9.02.290 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.280
A__
amended, are
Sex Offenses - State law adopted.
The following sections of the Revised Code of Washington as now or hereafter
hereby adopted by reference as if set forth in full:
1__. RCW 9A.44.010 Definitions.
2._ RCW 9A.44.030 Defenses.
RCW 9A.44.096 Sexual Misconduct with a Minor in the Second
Degree.
4._ RCW 9A.44.120 Admissibility of a Child's Statement - Conditions.
RCW 9A.44.130 and . 140 Registration of Sex Offenders. A person
who knowingly fails to register as required by RCW 9A.44.130, as now or hereafter
amended, is guilty of a gross misdemeanor if the crime for which the individual was
convicted was other than a Class A Felony under the laws of this state, or a federal out-of-
state conviction for an offense that under the laws of this state would be a Class A Felony.
(Or0 4/
RCW 9A.88.030 Prostitution.
RCW 9A.88.050 Prostitution - Sex of the Parties Immaterial.
8_ RCW 9A.88.090 Permitting Prostitution.
9_ RCW 9A.88.110 Patronizing a Prostitute.
__ § 29, 1995).
Section 30. A new Section 9.02.290 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.290 Harassment and stalking - State law adopted.
A__ The following sections of the Revised Code of Washington are hereby adopted
by reference as if set forth in full, as now or hereafter amended:
January 13, 1995 Ord. Cri~ninal Code 9. 02
13
RCW 9A:46.010
2_ RCW 9A.46.020
3_ RCW 9A.46.030
RCW 9A.46.040
Legislative Findings.
Definitions and Penalties.
Place where Committed.
Court-ordered requirements upon person charged
with crime - Violations.
5_. RCW 9A.46.050
6._ RCW 9A.46.060
7_~. RCW 9A.46.070
8._ RCW 9A.46.080
9._ RCW 9A.46.090
10. RCW 9A.46.100
11. RCW 9A.46.110
Arraignment - No Contact Order.
Crimes included in harassment.
Enforcement of orders restricting contact.
12.
13.
Order restricting contact - Violation.
Nonliability of Peace Officer.
"Convicted," time when.
Stalking.
RCW 9A. 46.910 Severability.
RCW 9A.36.078 Malicious Harassment- Finding; and
RCW 9A.36.080 Malicious Harassment - Definition and Criminal Penalty.
(Ord~'~'~/ § 30, 1995).
Section 31. A new Section 9.02.300 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.300
A_=
amended, are
(Ord~,~4[ §~'1
January 13, 1995 Ord. Criminal Code 9.02
Reckless burning - State law adopted.
The following sections of the Revised Code of Washington as now or hereafter
adopted by reference as if set forth in full:
1. RCW 9A.48.010 Definitions.
RCW 9A.48.050 Reckless Burning in the Second Degree.
RCW 9A.48.060 Reckless Burning - Defense.
,1995).
14
Section 32. Section 9.02.260 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02.260310 State law adopted - Title 9 RCW.
A. The following sections of the Revised Code of Washington are hereby adopted by
reference as if set forth in full as now or hereafter amended:
1. All sections of RCW Title 9 which define terms, to the extent applicable to
offenses defined under RCW Title 9, which are adopted by reference by the city by this or
any other ordinance.
2. RCW 9.41.010 Terms Defined.
3. RCW 9.41.050 Carrying ~ Firearms.
4. RCW 9.41.060 Exceptions to Restrictions on carrying, firearms.
-105. RCW 9.41.230 Aiming or Discharging Firearms, Dangerous Weapons.
4-4-6. RCW 9.41.240 TT~ ^C ~: ...... ~'" ~: .... by
................. j ......... Possession of Pistol
person from eighteen to twenty-one.
7._ RCW 9.41.250 Dangerous Weapons - Penalty.
RCW 9.41.260 Dangerous Exhibitions of Weapons.
4--39. RCW 9.41.270 Weapons apparently capable of producing bodily harm,
carrying, exhibiting, displaying or drawing unlawful - Penalties - Exceptions.
-t-31Q. RCW 9.41.280 Students carrying dangerous weapons on school
premises - Penalty - Exceptions.
511.. RCW 9.47A.010 through and including RCW 9.47A.040 Inhaling
Toxic Fumes (Unlawful Inhalation). Any violation of these sections shall be a misdemeanor,~
punishable as set forth in RCW 9.47A.050.
612_. RCW 9.27.015 Interference, obstruction of any court, building or
residence - Violations.
:/13. RCW 9.40.100(1) Injuring or Tampering with Fire Alarm Apparatus
or Equipment or Fire Fighting Equipment - Sounding False Alarm of Fire.
January 13, 1995 Ord. Criminal Code 9.02 15
91.~4. RCW 9.91.060 Leaving Children Unattended in Parked Automobile.
B. A violation of any of the foregoing o. ffenses, unless otherwise specifically
provided, shall be a misdemeanor. (Order4 $ § 32, 1995; Ord. 2014 § 22,~ 1985).
Section 33 Section 9.02.270 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02., , ,,320 State law adopted - Title 28A RCW.
A. The following sections of the Revised Code of Washington, as now or hereafter
amended, are hereby adopted by reference as if set forth in full:
1. RCW 28A.8-7635.010 Abusing or insulting teachers, liability for -
Penalty (except fines shall be remitted to the city).
2. RCW 28A ....... 635.020 Willfully disobeying school personnel or
refusing to leave public property,, violations, when - Penalty.
0"7 /%~/~
3. RCW 28A ....... 635.030 Disturbing school, school activities or
meetings - Penalty - Disposition of fines.
4. RCW 28A ..... ~,,,635.090 Interfering by force or violence with any
administrator, teacher or student unlawful.
5. RCW o', .~ ~
28A ....... 635. 100 Intimidating any administrator, teacher or
student by threat of force or violence unlawful.
Penalty.
RCW 28A.SgA40635.120 q'~"~'~'~ "~' ..... ~' .... :~
................ v~.v- Violations -
B. Unless otherwise specifically provided, a violation of any of the foregoing sections
shall be a misdemeanor. All fines for the offenses above shall be remitted to and kept by the
city. (Oran'S4! § 33; 1995 Ord. 2014 § 23, 1985).
Section 34. Section 9.02.280 of the Port Townsend MuniCipal Code is hereby
amended to read as follows:
9.02,,,,,,330 State law adopted - Title 66 RCW.
A. The following sections of the Revised Code of Washington, as now or hereafter
.amended, are hereby adopted by reference as if set forth in fifll:
January 13, 1995 Ord, Criminal Code 9. 02 16
RCW 66.44.100 Opening or Consuming Liquor in Public Place -
Penalty.
RCW 66.44.200 Sales to persons apparently under the influence of
liquor.
3~ RCW 66.44.210 Obtaining liquor for ineligible person.
~34. RCW 66.44.240 Drinking in Public Conveyance - Penalty against
Carrier - Exception.
45. RCW 66.44.250 Drinking in Public Conveyance - Penalty against
Individuals - Restricted Application.
56. RCW 66.44.290 Minor Purchasing or Attempting to Purchase Liquor2
RCW 66.44.291 - Penalties.
67. RCW 66.44.310 Minors Frequenting Taverns or Cocktail Lounges -
Misrepresentations of Age- Penalty - Classification of Licenses.
8._ RCW 66.44.320 Sale of Liquor to Minors.
9._ RCW 66.44.325 Unlawful Transfer to a Minor of an Identification of
Age.
10. RCW 66.44.328 Preparation or Acquisition and Supply to Persons
under age twenty-one of facsimile of Official Identification Card - Penalty.
B. Unless otherwise specifically pr2vided, a violation of each of the foregoing
provisions shall be a misdemeanor. (Or~J~'~'~/t § 34, 1995; Ord. 2164 § 1, 1989; Ord.
2014 § 25, 1985).
Section 35. Section 9.02.285 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 ....340 Furnishing liquor to minors - Possession, use.
A. It is unlawful for any person to sell, give, or otherwise supply liquor to any
person under the age of 21 years or permit any person under that age to consume liquor on
his or her premises or on any premises under his or her control.
B. No person under the age of 21 years shall possess, consume, or have consumed or
otherwise acquire any intoxicating liquor. For purposes of this subsection, a person shall be
deemed to have consumed an intoxicating liquor if at the time of the contact with the officer,
there are still indicia upon his or her person of such consumption, including but not limited
to alcohol within the blood or odor of alcoholic beverage upon the breath.
January 13, 1995 Ord. Criminal Code 9.02 17
C. The prohibitions of subsections A and B shall not apply to intoxicating liquors
given or permitted to be given to a person under the age of 21 years under the following
circumstances:
1. By a parent or guardian and consumed in the presence of the parent or
guardian. This subsection shall not authorize consumption or possession of intoxicating liquor
by a person under the age of 21 years on any premises licensed under Chapter 66.24 RCW;
2. To liquor given for medical purposes to a person under the age of 21 years
by a parent, guardian, physician, or dentist;
3. To liquor given to a person under the age of 21 years when such liquor is
being used in connection with religious services and the amount consumed is a minimum
amount necessary for the religious service.
D. To the extent permitted by state law, conviction or forfeiture of bail for a violation
of this section by a person under the age of 21 years at the time of such conviction or
forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense
any liquor after that person has attained the age of 21 years.
E. Any person convicted of a violation of subsection A or subsection B of this section
shall be guilty of a misdemeanor. (Ord~/ {}35, 1995; Ord. 2164 {} 2, 3, 1989).
Section 36. Section 9.02.290 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 ....350 Littering - State law adopted - RCW 70.93.060.
A__~. The following sections of the Revised Code of Washington, as now or
hereafter amended, are hereby adopted by reference as if set forth in full:
1_.. RCW 70.93.030 Definitions.
&2. RCW 70.93.060 Littering Prohibited Penalties. (Ord~qra[I § 36,
1995; Ord. 2014 {} 27, 1985).
Section 37. Section 9.02.300 of the Port Townsend Municipa1 Code is hereby
amended to read as follows:
9.02 ....360 Possession of Marijuana and Drug Paraphernalia - State law adopted -
Title 69 RCW.
A__~. The following sections of the Revised Code of Washington as now or hereafter
amended are hereby adopted bY reference as if set forth in tull:
A-: 1_.. RCW 69.50.101 Definitions; and RCW 69.50.102 Drug Paraphernalia -
Definitions.
Pr. 2~ RCW 69.50.401(e) Prohibited Acts: A - Penalties (possession of less
than 40 grams of marijuana).
RCW 69.50.412 Possession and Delivery of Drug Paraphernalia.
Januqry 13, 1995 Ord. Criminal Code 9.02 18
' 4 RCW 69.50.420 Violations - Juvenile Driving Privileges.
5~ RCW 6.9.50.425 Minimum Imprisonment.
6~ RCW 69.50.505 through .507. Seizure and Forfeiture of Property.
§ 37, 1995; Ord. 2014 § 28, 1985).
Sectibn 38. A new SeCtion 9.02.380 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.370 Unlawful possession and use of fireworks - State law adopted.
A__~. The following sections of the Revised Code of Washington, as now or
hereafter amended, are hereby adopted by reference as if set forth in full:
RCW 70.77.120 - .230 Definitions.
RCW 70.77.480 Prohibited Transfers of Fireworks.
RcW 70.77.485
RCW 70.77.488
RCW 70.77.510
RCW 70.77.515
Unlawful Possession of Fireworks.
Unlawful Discharge or Use of Fireworks.
Unlawful Sales or Transfers of Special Fireworks.
Unlawful Sales or Transfers of Common Fireworks -
Penalty.
RCW 70.77.517 Unlawful Transportation of Fireworks - Penalty,
Kept - Penalty.
RCW 70.77.520 Unlawful to Permit Fire Nuisance Where Fireworks
RCW 70.77.540 Penalty,
10. RCW 70.77.545 Violation a Separate, Continuing Offense.
I1. RCW 70.77.547 Civil Enforcement Not Precluded.
(Ord,~.~'~'/§ 38, 1995).
Section 39. A new Section 9.02.380 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.380 Domestic violence - State law adopted.
January 13, 1995 Ord. Criminal Code 9.02 19
A__ The following.sections of the Revised Code of Washington, as now or
hereafter amended, are hereby adopted by reference as if set forth in full:
1_.. RCW 26.09.300 Violation of a Restraining Order Issued in a
Dissolution Proceeding.
2_.. RCW 26.50.110 Violation of a Protective Order Issued in a Civil
Domestic Violence Proceeding.
3~ RCW 10.99.040 Violation of a Pretrial No-Contract Order in a
Criminal Domestic Violence Case.
RCW 10.99.050 Violation of a No-Contact Order Which is Part of a
Sentence in a Criminal Domestic Violence Case.
(Order'4! § 39, 1995).
Section 40. Section 9.02.310 of the Port Townsend Municipal Code is hereby
amended to read as follows:
9.02 .... 390 Unlawful conduct on school property.
A. Definitions. As used in this section, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning is intended:
1. Member of the faculty: Any teacher, substitute teacher,' or coach assigned
to the school in question;
2. School: A public, private or religious school;
3. School property: The grounds and buildings of any public, private or
religious school.
B. Schools Covered. The provisions of this chapter shall apply to schools serving
students in twelfth grade or younger. It shall apply to schools for kindergarten students and
for preschool children.
C. Conduct Prohibited. No person shall do any of the following on any school
property:
1. Demand money from any person, using an express threat or implied threat;
2. Act in a manner that disturbs any class or that is reasonably likely to
frighten or disturb any student or other person present;
3. Continue to make loud noises after having been warned by a member of the
faculty, administration and security personnel to become quieter;
4. Remain on the school property after having been directed to leave by a
member of the faculty, administration or security personnel. This subsection shall not apply
to a student enrolled at the school unless the student has been expelled or suspended by a
member of the administration having authority to do so. This subsection shall not apply to
any person employed at the school, unless such person has been suspended, discharged or
transferred by a member of the school administration having authority to do so;
January 13, 1995 Ord. Criminal Code 9.02 20
5. Nothing in this section shall be interpreted as prohibiting any person from
entering a school building in a peaceable manner for the purpose of talking to a member of
the faculty, administration or security personnel.
D. Penalty. Any person, firm or corporation violating any provision of this section
shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $1,000 or
by imprisonment not to exceed 90 days, or by both such fine and imprisonment, for each
offense. A separate offense shall be fleemed committed on each day during or on which a
violation occurs or continues. (Ord~'~4.] § 40, 1995; Ord. 2037 § 1 - 4, 1986).
Section 41. A new Section 9.02.400 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.400 TelePhone Harassment- State law adopted.
RCW 9.61.230 (Telephone Harassment), RCW 9.61.240 (Telephone Harassment -
Permitting Telephone to be used) and RCW 9.61.250 (Telephone Harassment - Offense,
where deemed committed) as now or hereafter amended, are hereby adopted by reference as
if set forth in full.
(Ord.~l, § 41, 1995).
Section 42. A new Section 9.02.410 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.410 Duty of Witness of Offense Against Child or any Violent Offense - Penalty
- State law adopted.
RCW 9.69.100 as now or hereafter amended, is hereby adopted by reference as if set
forth in full.
(Ord~'~4/ § 42, 1995).
Section 43. A new Section 9.02.420 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.420 Unlawful issnance of checks or drafts - State law adopted.
RCW 9A.56.060, as now or hereafter amended, is hereby adopted by reference as if set
forth in full. (Orq~4'~/§ 43, 1995).
Section 44. A new Section 9.02.443 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
January 13, 1995 Or&Criminal Code 9.02 21
9.02.430 Possession of stolen property - State law adopted.
A__ The following sections of the Revised Code of Washington, as now or
hereafter amended, are hereby adopted by reference as if set forth in full:
1_ RCW 9A.56.140
devices, presumption.
2._ RCW 9A.56.160
Possessing Stolen Property - Definition - Access
Possession of Stolen Property in the Second Degree.
3. RCW 9A.56.170 Possession of Stolen Property in the Third Degree.
(Ord~[ § 44, 1995).
Section 45. A new Section 9.02.440 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.440 Defrauding a Public Utility - State law adopted..
A__ The following sections of the Revised Code of Washington, as now or
hereafter amended, are hereby adopted by reference as if set forth in full:
1_ RCW 9A.61.010 Definitions.
2._ RCW 9A.61.020 Defrauding a Public Utility.
Degree.
RCW 9A.61.050 Defrauding a Public Utility in the Third
RCW 9A.61.060 Restitution and Costs.
5. RCW 9A.61.070 Damages not Precluded.
(Ord~'~f §45, 19-~5).
Section 46. A new Section 9.02.450 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.450 Rendering Criminal Assistance - State law adopted.
A__ The following sections of the Revised Code of Washington, as now or
hereafter amended, are hereby adopted by reference as if set forth in full:
Defined.
RCW 9A.76.050 Definitions; RCW 9A.76.060 Relative
January 13, 1995 Ord. Criminal Code 9.02 22
Degree.
3_
Degree. _
(Ord.a~{/§ 46, 1995).
RCW 9A.76.080
RCW 9A.76.090
Rendering Criminal Assistance in the Second
Rendering Criminal Assistance in the Third
Section 47. A new Section 9.02.460 of the Port Townsend Municipal Code is
hereby adopted to read as follows:
9.02.460 Interference with Official Proceedings - State law adopted.
A_ The following sections of the Revised code of Washington, as now or hereafter
amended, are hereby adopted by reference as if set forth in full:
RCW 9A.72.140 Jury Tampering.
2~ RCW 9A.72.150 Tampering with Physical Evidence.
(Ord.~'~a~/_ § 47, 1995).
Section 48. Severability. If any clause, sentence, paragraph, section or part
of this Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect
the validity or constitutionality of the remainder of any part of this Ordinance. To this end,
the provisions of each clause, sentence, paragraph, section or part of this law are declared
severable.
This ordinance shall become effective upon its approval and publication in the form
and manner requi~:ed by law.
Read for the first, second, and third tim{
of Port Townsend, Washington, at a regular
1995.
by the City Council of the City
held this j_~_'r'd~ay of January,
/ Michael Hildt, ~cting City Clerk
/
01/13/95 §CA [Ord]{Ch-902.doc}
in M. se, Mayor
S'T{m~fi/MgMahfn, City Attorney
J'anuary 13, 1995 Or&Criminal Code 9.02 23
AFFIDAVIT OF MICHAEL HILDT
REGARDING FILING OF REVISED CODE OF WASHINGTON
I, MICHAEL HILDT, under penalty of perjury of the laws of the State of Washington,
deposes and states as follows:
1. I am the duly appointed City Administrator and Acting City Clerk for the City of Port
Townsend.
2. Pursuant to RCW 35.21.180, prior to adoption, I placed on file with the City Clerk's
Office one copy of the Revised Code of Washington containing all Washington State Statutes
proposed for adoption by reference in the proposed amendments to Chapter 9.02 PTMC. All
volumes containing such Code references were placed on file with the Clerk's office prior to the
regularly scheduled City Council Meeting, the scheduled time for adoption of said RCW
provisions.
3. Subsequent to adoption by the Council of the proposed amendments to Chapter 9.02
PTMC, all state statutes will be filed in the library at City Hall, available through the Clerk's
Office.
DATED t~is,5,.lVt~:l, ay of January, 1995.
JMICHAEL HILDT, Acting City Clerk