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HomeMy WebLinkAbout2014 Port Townsend Municipal Criminal CodeORDINANCE NO. -~O/~/ AN ORDINANCE ADOPTING A CRIMINAL CODE FOR THE CITY OF PORT TOWNSEND; DEFINING TERMS AND CRIMES; PROVIDING FOR PENALTIES; ESTABLISHING RULES OF CONSTRUCTION; AND ~IENDING AND REPEALING SECTIONS~ AND ADOPTING CERTAIN SECTIONS OF THE REVISED CODE OF WASHINGTON BY REFERENCE. THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED DO ORDAIN AS FOLLOWS: Section 1. ~reliminary.Ar.ti~le. 1~ Thisor.~inanceshall be known and may be cited as the Port Townsend Municipal Criminal Code and shall become e~£ec%.ive upon the effective date of this ordinance. 2. The provisions of this ordinance shall apply to any offense committed on or after the effective date o£ this ordinance, and shall also apply to any defense to prosecution £or such an o£fense. 3. If any provision of this ordinance, or its application to any person or circumstanceCsheid invalid, the remainder o£ this ordinance, or the application of the provision to other persons or circumstances is not affected, and to thisend %he provisions of. this ordinance are declared to be severable. Section. 2 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 interest; b. To safe guard conduct that is without culpability from condemnation as criminal; c. To give fair warning of the nature of the conduct declared to constitute_an offense; 2. The provisions of this ordinance 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 ordinance. Sect_ipp..3.. 1. An offense defined by this ordinance or by any other ordinance of the city for which a sentence of imprisonment is authorized, constitutes a crime. A crime is a misdemeanor if it is so designated in this ordinance or by any other ordinance of the city, or if persons convicted thereof may be sentenced to imprisonment for no more than ninety (90) days. Every other crime is a gross misdemeanor. Sectio~_~4.. 1. Sections 9Ao04.050 and 9A.04.060, Revised Code of Washington, as now or hereafter amended, are here and hereby adopted by reference as if set forth in this ordinance in £ull. Section 5. Prosecutions £or--o~fenses which are gross mis- demeanors may be commenced, within two (2) years after their commis- sion, and for all other offenses, within one (1) year aft.er their commission. Section 6. The provisions of this ordinance shall be applicable to offenses defined by this ordinance or another ordinance of the City, unless the context otherWise requires, or unless this ordinance or such other ordinance specifically provides otherwise. Section 7. 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. Section 8. DD~.nSt!9~_,~_ Section 9A.04.110 o~ the Revised Code of Washington, as now or hereafter amended, is here and hereby adopted by reference as if set forth in full. Section 9. PrinciDie,s..of l%.ability_._ Chapter 9A.08, o£ the Revised Code of Washington, as now or hereafter amended, is here and hereby adopted by reference as if set forth in full. S~ction~!0... ~ Chapter 9A. I2 of the Revised Code of Washington as now or hereafter amended is here and hereby adopted by reference as if set forth in full. Section ll. DDfenses. The following Sections of the Revised Code of Washington, as now or hereafter amended, are adopted by reference as if set forth in full= 9A.16..010; 9A.16.020; 9A.16.060; 9A.16.070; 9A.16.080; and 9A.16.090. -2- ~.e.ction ..1.2.. Classification of Crimes. 1. Any crime punish- able by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in a jail for not more than ninety (90), or by both such fine and imprisonment is a misdemeanor, 2. All other' crimeS~set forth in the Port Townsend MunicipalCriminal Code other than misdemeanors shall be gross misdemeanors. sg~gn 1~._ Authorized Sentences of Of~endgrs., 1. Every person convicted of a gross misdemeanor shall be punished by imprison- ment in the County or City jail for a maximum term fixed by the Court of not more than one year or by a fine in an amount affixed by the court of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine. 2. Every person convicted of a misdemeanor Sh~It'be punished by imprisonment in the County or City jail for a maximum term fixed by the Court of not more than ninety (90) days o~ by a fine in an amount fixed by the Court of not more than One Thousand ($1,000.00) or by both such imprisonment~and fine. Section 1.4.. Alternative to a fine restitut~D~...~ Section 9A.20.030, of the Revised Code of Washington, as now or hereafter amended, is here and hereby adopted by reference as if set forth in full. Section 15.~ Cr%~!nal AttemD.t... 1. Section 9A.28,020(1) and (2), of the Revised Code of Washington as now or hereafter amended, are here and hereby adopted by reference as if set forth in full. 2. An attempt to commit a crime under this ordinance or t.he Municipal Code for the City of Port Townsend, shall be a misdemeanor. Se~ioD !~.., ~riminal Solicitations. Section 9A.28.030(1), of the Revised Code of. Washington,~as~-now or~h~reafter amended, is here and hereby adopted by reference as i~ set forth in full. 2. Criminal ~olicitation shall be punishable as a misdemeanor. S.e~t~on !~7~ C~Dinal Conspiracy.. 1. Section 9A.28.040(1) and (2), of the Revised Code of Washington as now or hereafter amended, are adopted by reference.as~.ifset forth in full. 2. Criminal conspiracy is a misdemeanor. --3-- po q Section 18. Simple Assault. 1. Every person who shall commit an assault or assault and battery not amounting to assault in either the~ first, second or third degrees unde~ Sections 9A.36.010 through 9A.36.030~CW.;~tusi~, shall be guilty of simple assault. 2. Simple assault is a gross misdemeanor. Section 19.. Ma!icigus Mischief in the Third DDq~e~. 1. 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.45.080. 2. Malicious Mischief in the Third degree is a gross misdemeanor if the damage to the property is in an amount exceeding Fi£ty dollars ($50.00); otherwise it is a misdemeanor. Section 20 The following Sections of the Revised Code o£ Washington as now or hereafter amended, are adopted by reference as if set forth in full:All definitions of Title 9A, Revised Code of Washington, to theextentthey apply to all Title 9A offenses adopted in this ordinance by reference, and: a. RCW 9A.36.050. Reckless Endangerment. Coercion. Vehicle Prowling. Definitions and RCW 9A.52.070. Criminal b. RCW 9A.36.070. c. RCW 9A.52.100. d. RCW 9A.52.010. Trespass in the first degree. e. RCW 9A.56.010. the third degree. Definitions ahd RCW 9A.56.050 Theft in Each of the foregoing violations shall be a gross misdemeanor. S~c~ion 21. 1. The following sections of the Revised Code of Washington, as now or hereafter amended, are here and hereby adopted by referenceas~ifset forth in £ull: a. Section 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 peaee of£icer. d. RCW 9A.76.040 Resisting arrest. e. RCW 9A.76.170(1) and (2) (d) Bail jumping. -4- f. RCW 9A.84.020 g. RCW 9A.84.030 h. RCW 9A.88.010 i. RCW 9A.76.020 Failure to disperse. Disorderly conduct. Public Indecency. Obstructing Public Servant. 2. Except as otherwise provided above, ~h~.~foregoing of£enses shall be punishable as misdemeanors. Se~t~9~ _22. ~pp.tion b~Reference_.~ The following Sections of the Revised Code of Washington are here and hereby adopted by reference as if set forth in full as now or hereafter amended: 1. All sections of Title 9, Revised Code o£ Washington which define terms, to the extent applicable to offenses defined under Title 9, Revised Code of Washington, 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 Pistol 4. RCW 9.41.080. Delivery to Minors and others forbidden. 5. RCW 9.47A.010 through and including RCW 9.47A.040. Any violation of these sections shall be a misdemeanor. ~..~R~ 9/,~27.015 Interference, obstruction of any court, building or residence---Violations. 7. RCW 9.40.100. Injuring or Tampering with Fire Alarm Apparatus or equipment--Sounding False Alarm of Fire 8. RCW 9.45.040. Frauds on Innkeeper 9. RCW 9.91.060. Leaving Children unattended in parked automobile 10. RCW 9.41.23~. Aiming or Discharging Firearms 11. RCW 9.41.240. Use of Firearms by Minors 12. RCW 9.41.270. Weapons apparently capable of producing bodily ~ ~, 9 ~ ~ ~ ~ ~ ~a c rr in hibi in d' laying or drawing 13. RCW 9.41.280. ~n~.,fu~--~en~i~es--~xc=~tl~.o Students carrying dangerous weapons on school A violation of an~m~%s~a.~Y%-f~~°~%ess otherwise specifically provided, shall be a misdemeanor. S~ction ~23 The following Sections of the Revised Code of Washington as now or hereafter amended, are here and hereby adopted by reference~as if set forth in full: a. RCW 28A.87.010. b. RCW 28A.87.055. c. RCW 28A~87.060. Abusing or insulting teachers, liability for-Penalty~(except fines shall be remitted Willfully Disobeying School to the City.) Personnel or e u i g proper~y, v~o~a~n~, ~e~n~ic pro- Disturbin~ Sc ol oo t z ~e meetlngs-~ena~y-Di~s~i~ ~'~n~s°r --5-- d. RCW 28A.87.230. f. RCW 28A.87.231. g. RCW 25A.87.140. Interfering by force or violenee with any admini- strator, teacher o~ student unlawful Intimidating any administrator, teacher of student by threat of force or violence unlawful Teacher's abuse of pupil--penalty a. RCW 66.44.100. ~XX~X~~ZX~% Unless otherwise specifically provided, a violation o£ any of the foregoing sections shall be a misdemeanor. All fines for the offenses above shall be remitted to and kept by the City. Section 24_. Adop~i~n_.b~.~eferen~e The following Sections of the Revised Code of Washington as now or hereafter amended are here and hereby adopted by reference as ifset fOrth in full: a. RCW 9A.72.010. Definitions b. RCW 9A072.040. False Swearing Se~_~n~ ~5.,. ~dop_t~onby Reference. The following Sections of the Revised Code of Washington as now or hereafter amended are here and hereby adopted by referenceas-ifset forth in full: Opening or Consuming Liquor in Public Place--Penalty c. RCW 66.44.200. d. RCW 66.44.240. e. RCW 66.44.250. f. RCW 66.44.270. g. RCW 66.44.290. h. RCW 66.44.310. Sales to persons apparently under the influence of liquor Drinking in Public Conveyance--Penalty against Carrier--Exception Drinking in Public Conveyance--Penalty Against individual--Restricted Application. Furnishing Liquor to Minors--Possession,Use Minor Purchasing or Attempting to Purchase Liquor Minors Frequenting taverns or cocktail lounges-- Misrepresentations of age-Penalty-Classification of/ Unless otherwise specifically provided, a violation of each Licenses of the foregoing provisions shall be a misdemeanor. -6- Section .25. Adopt~on by RD~erence. The following Sections of the Revised Code of Washington as now or hereafter amended are here and hereby adopted by reference-as ifset forth in full: a. RCW 70,93.060. Littering Prohibited--Penalties Section. 2~_~. ~_d~ption by Rgfer~..~. The following Sections of the Revised Code of Washington as now or hereafter amended are here and hereby adopted by reference as~ifset forth in full: a. RCW 69.50.101. Definitions b. RCW 69.50.401(e). Prohibited Acts:A--Penalties(possession of less than 40 grams of marihuana) ~ect!~n 2~.. R~P~.!..~ The following ordinances are here and hereby repeale~: a. Section 2, 3, 4, 5, 7, 9, 10, and 13, of Ordinance 1635; together with Sections 9.02.030, 9.02.040, 9.02.050, 9.02.060, 9.02.080, 9.02.100, 9.02.110, and 9.02.140 o~ the Port Townsend Municipal Code. b. Section 1 of Ordinance 1754, as amended by Section 1 of Ordinance 1758; together with Section 9.02.065 o~ the Port Townsend Municipal Code. c. Section 21 of Ordinance 1635, and Section 9.02.020 of the Port Townsend Municipal Code. d. Section 2 of Ordinance 1716 and Section 3 of Ordinance 1716, and Sections 9.02.180 and 9.02.190 of the Port Townsend Municipal Code. e. Section 19 of Ordinance 1635, and Section 9.02.200 of the Port Townsend Municipal Code. f. Section 1 of Ordinance 1535, together with Section 9.04.110 of the Port-Townsend Municipal Code. g. Sections 1, 2 and 3 of Ordinance 1549, together with Sections 9.04.120, 9.04.130, and 9.04.140, of the Port Townsend Municipal Code. Sectio~ ~,~ .Amendmen~ o~ S~c.ti~D..SeCtion 2 of Ordinance 1526 together with Section 1.01~020 of the Port Townsend Municipal Code, are each amended to read as follows: -7- !.~01.Q20_~enalty for ~ip!ations. Except as_ pth_e_r~ise provided in this ~pd_e, any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under this code shall be punished by a fine of not more than $~000.00 (6~e ~h~e~q~e~ or by imprisonment not to exceed(~e-m~%s~ 90daystarS. by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is co~itted, continued, or permitted by any such person, and he shall be punished accordingly. Section 3~.. Savin~ The Ordinances and laws repealed by this ordinance are repealed except with respect to rights and duties which matured, penalties which were incurred, and proceedings which will begi~ prior to the effective date of this ordinance. Section 3~_.~ E~nfQrcem~en.t. The provisions of this ordinance shall be enforced by the Chief of Police for the City. Nothing in this ordinance shall impair in any manner whatsoever the power, authority, duty or ability of law enforcement personnel, the State of Washington, or anyother entity from enforcing and prosecuting the State Statutes incorporated in this ordinance by reference and adopted by this City as its criminal code, in the manner now or hereafter provided by law. S~t~p~33..~. This ordinance shall take effect upon i~s passage, approval and publication in the manner provided by law. Read for the first, second and third times, passed by the City Council for the City of Port Townsend, and approved by the Mayor of the City on June /~_, 1985. ~era ~ Franz, ~ti~._~y Clerk Keith C7 Ha~pe~, City Attorney --8--