HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/20/1997 Colty of Kent
CityCouncil Meeting
Agenda
CITY OF AB�
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Mayor Jim White
Council Members
Christi Houser, President
Jim Bennett Jon Johnson
Tim Clark Leona Orr
Connie Epperly Judy Woods
May 20, 1997
Office of the City Clerk
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SUMMARY AGENDA
KENT CITY COUNCIL MEETING
May 20, 1997
Council Chambers
7 : 00 p.m.
MAYOR: Jim White COUNCILMEMBERS: Christi Houser, President
Jim Bennett Tim Clark Connie Epperly
Jon Johnson Leona Orr Judy Woods
CALL TO ORDER
FLAG SALUTE
ROLL CALL
FLAT SALUTE - Girl Scout Troop 1552
1. PUBLIC COMMUNICATIONS
A. Proclamation - Stand for Healthy Children Day
2 . PUBLIC HEARINGS
None
3 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. Van Doren' s Landing Building J Rezone - Ordinance -- 3 34/7
D. Harvest Industrial Park - Bill of Sale
E. King County Hazardous Waste Management Plan - Approval
F. Department of Health Grant Agreement, Special Recycling
Events - Authorization
G. Kent School District Wetland Mitigation - Establish and
Authorize Budget
H. Meridian West Preliminary Plat - Set Meeting Date
I. Washington Athletic Club Donation - Acceptance
J. IAC Grant Application Submittal - Resolution - /4 `�/
K. CDBG Application, Springwood Park - Authorize Submittal
L. CDBG Applications, Turnkey Park/Russell Road - Authorize
Submittal - �fu ce`h9r1-�
M. IAC Grant Land Acquisition Budget - Accept and Amend
N. Linda Heights and Garrison Creek - Contract
Authorization
0. House Relocation Contract
P. �`me'l >zE,la �.-- .,:lE.f r"N 6/3/9"7
4 . OTHER BUSINESS J
A. Hillside Manor Preliminary Plat - Approval
B. Singh Preliminary Plat - Approval
C. Criminal Code Amendments - Emergency Ordinance - 3 35 0
5. BIDS
None
6 . CONTINUED COMMUNICATIONS
7 . REPORTS
8 . ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City in advance for more information. For TDD r
service call 1-800-635-9993 or the City of Kent(206) 854-6587.
PUBLIC COMMUNICATIONS
Citizens wishing to address the Council will, at this time,
make known the subject of interest, so all may be properly
heard.
A) Proclamation - Stand for Healthy Children Day
CONSENT CALENDAR
3 . City Council Action: 1
Councilmember &»,» � _mov4, Councilmember /1Jr9r�,-fin
secondsdthat Consent Calendar Items A through p approved.
Discussion J.G ,O
Action
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
May 6, 1997 .
3B. Approval of Bills.
No checks were approved because of schedule changes.
Approval of checks issued for vouchers:
Date Check Numbers Amount
Approval of checks issued for payroll for April 16 through
April 30, 1997 and paid on May 5, 1997 :
Date Check Numbers Amount
5/5/97 Checks 219341-219694 $ 245 , 380. 76
5/5/97 Advices 45388-45916 630 , 801. 29
$ 876 , 182 . 05
Council Agenda
--tem No. 3 A-B
Kent, Washington
May 6, 1997
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett,
Clark, Epperly, Houser, Johnson, Orr and Woods, Operations
Director/Chief of Staff McFall, City Attorney Lubovich, Planning
Director Harris, Public Works Director Wickstrom, Police Chief
Crawford, Parks Director Hodgson, and Employee Services Director
Viseth. Approximately 100 people were at the meeting. The flag
salute was led by Campfire Boys and Girls Troop 6210.
PUBLIC Drinking Driver Task Force Design Contest. Nancy
COMMUNICATIONS Mathews, Drinking Driver Task Force Coordinator,
noted that there were over 500 entries in this
year' s design contest. She explained that there
were five different categories judged, with
three winners in each category. She thanked the
various sponsors who provided prizes. Mayor
White, Council President Houser, Chief Crawford,
and Ms. Mathews congratulated each of the winners
and presented them with a certificate.
Introduction of Mayor's Appointees. Mayor White
introduced Linda Johnson and Jay Bakst, his
reappointments to the Kent City Transit Advisory
Board.
Employee of the Month. Mayor White announced
that John Bond, Traffic Safety Specialist, has
been named Employee of the Month for May. He
noted that Mr. Bond has worked for the City of
Kent for 29 years in the Engineering Division of
the Public Works Department, and that he has
performed a variety of duties which have included
traffic safety, design and construction of public
improvements, and neighborhood control issues.
Mayor White also noted that Mr. Bond has volun-
teered to perform traffic counts, and travel
studies, and has been referred to as a walking
encyclopedia. The Mayor noted that Mr. Bond
provides valuable assistance as a volunteer
firefighter, donates personal time on major
traffic accidents, and updated traffic accident
statistics. He also noted that Mr. Bond truly
puts his heart into his work for the City and the
community.
Ed White, Transportation Engineer Supervisor,
noted that Bond is one of the cornerstones, and
that his hard work, diligence, knowledge, sense
of humor, and valued opinions have strengthened
those within the Transportation Section.
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Kent City Council Minutes May 6, 1997
PUBLIC Public Works Director Wickstrom noted that Bond
COMMUNICATIONS is very enthusiastic and tries to get the job
done in the very best way possible. He also
noted that he is happy to have John Bond on their
team. Mayor White then presented Mr. Bond with
the Employee of the Month plaque.
Legislative Update. Dena Laurent, Government
Affairs Manager, updated the Council on the last
of the current legislative sessions and noted
that this is the first time in 40 years that the
Legislature has closed the biennial budget
session on time. She noted that among the
issues addressed of key importance were welfare
reform, juvenile justice reform, and the biennial
operating budget. Laurent noted that some of the
issues not addressed which are of concern to
cities, and things that might be included in next
year' s legislative agenda, are replacements for
the street utility, freight mobility project
funding, and additional transportation dollars
for local government projects. She noted that
Council has been provided with an update for
tonight' s meeting.
Laurent explained that a Senate resolution has
been passed regarding the motor vehicle excise
tax funding for criminal justice purposes that
will require an interim study to examine the
feasibility of moving some of the funds to the
transportation budget. She also explained that
these funds are currently used for criminal
justice purposes in cities, the State General
Fund, counties, and transit agencies. She
noted that the final result of discussions on a
watershed planning bill leaves the largest
utility in each watershed planning area as the
lead agency for that effort. She explained that
some good things have happened in amending this
bill which include bringing cities and counties
to the table to help them make appointments to
those planning boards and that the group can be
expanded if the watershed planning board chooses
to do so.
Upon Clark' s question, Laurent explained that
currently when property is valued for business
some believe that it includes a value or that
intangible value of the business on that property
and that is what would be removed from the
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Kent City Council Minutes May 6, 1997
PUBLIC assessment. She noted that since that amount of
COMMUNICATIONS money would still have to be raised, the balance
of the assessment would be shifted to residential
properties. She noted that some additional
research would need to be done and that she will
provide Council with follow-up information on
this issue.
Correctional officer Week. Mayor White read a
proclamation declaring May 4-101 1997 , as
Correctional officer Week. He noted that the
first week in May has been designated by the
American Corrections Association as Correctional
Officer Week and that it is designed to focus on
the varied services offered by the Corrections
officers of the United States who are technically
trained and highly skilled professional public
servants. He noted that the City of Kent wishes
to honor the valor, service and dedication of its
Corrections officers, and encouraged citizens
to acknowledge the professional service the
Corrections staff provides to the Community.
Lt. Lutz and Corrections Officer Ballinger were
present to accept the proclamation.
Natural Medicine Clinic IIpdate. Merrily Manthey
gave a brief update on the Natural Medicine
Clinic and noted that this clinic is bringing
wide-spread, national attention to the City of
Kent. A video clip filmed by ABC News and
reported by Peter Jennings was shown demon-
strating the tremendous amount of interest the
Council' s leadership is bringing to this
community. A video of ABC' s Town Hall Meeting
was shown to demonstrate how Dr. Jonathan Wright
of the Tahoma Clinic is bringing international
attention to this area also.
Dr. Wright noted that Merrily Manthey has been
very instrumental in bringing the Natural
Medicine Clinic to Kent, in obtaining funds, and
being behind the scenes for the City. He thanked
the Council for passing Resolution No. 1449 a
year ago establishing Kent as a wellness center
for the entire country. He noted that the demand
for natural medicine is quite high and that
people are currently coming from all over the
country to the Tahoma Clinic, which has a natural
medicine office in its facility. He invited
Council to tour the Tahoma Clinic and the labora-
tory whenever possible.
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Kent City Council Minutes May 6, 1997
CONSENT HOUSER MOVED that Consent Calendar Items A
CALENDAR through V be approved, with the exception of
Item 3G which was removed. Woods seconded and
the motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of April 15, 1997 .
HEALTH & (CONSENT CALENDAR - ITEM 3S)
SANITATION Seven Oaks West. ACCEPTANCE of the bill of sale
for Seven Oaks West submitted by Seven Oaks West
Associates for continuous operation and main-
tenance of 244 feet of water mains, 245 feet of
sanitary sewers, 336 feet of street improvements,
250 feet of storm sewers, and release of bonds
after the expiration period, as recommended by
the Public Works Director. The project is
located at S.E. 256th St. , west of 118th Place
S.E.
(CONSENT CALENDAR - ITEM 3T)
Lake Villa Townhomes Phase III. ACCEPTANCE of
the bill of sale for Lake Villa Townhomes
Phase III submitted by Benjamin Homes, Inc. for
continuous operation and maintenance of 703 feet
of water main improvements and release of bonds
after the expiration period, as recommended by
the Public Works Director. The project is
located at 104th Ave. S . E. & S. E. 250th Place.
STREETS (BIDS - ITEM 5A)
1997 Asphalt Overlays. The bid opening for this
project was held on April 9th with three bids
received. The low bid was submitted by M.A.
Segale, Inc. in the amount of $348 , 039 . 10. The
Engineer' s estimate was $432 , 389 . The project
consists of asphalt overlaying a number of
streets in the Valley and East Hill areas.
The Public Works Director recommends award of the
contract to M.A. Segale, Inc. CLARK MOVED that
the 1997 Asphalt Overlays contract be awarded
to M.A. Segale, Inc. for the bid amount of
$348 , 039 . 10. Woods seconded and the motion
carried.
STREET (CONSENT CALENDAR - ITEM 3H)
IMPROVEMENTS LID 348 - 64th Avenue South Street Improvements.
ADOPTION of Ordinance No. 3347 establishing
LID 348 for the improvement of 64th Avenue South
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Kent City Council Minutes May 6, 1997
STREET from S. 226th St. to S. 216th Street, as recom-
IMPROVEMENTS mended by the City Council.
WATER (CONSENT CALENDAR - ITEM 3M)
south Ring County Regional Water Association
Joint Operating Agreement. AUTHORIZATION for the
Mayor to sign the South King County Regional
Water Association Joint Operating Agreement, as
recommended by the Public Works Committee. This
agreement lays the framework for all the Regional
Water Association members to use when developing
water supply agreements between members. The
City Attorney' s office has reviewed this agree-
ment and has no significant changes.
CDBG (CONSENT CALENDAR - ITEM 3C)
1998 CDBG Funding Levels. APPROVAL of the
following items for the 1998 Community
Development Block Grant (CDBG) Funding Levels:
(1) Accept the 1998 pass-through funds;
(2) Allocate the City' s maximum available of
1998 CDBG funds for Public (Human) Services
($71, 342) ; (3) Allocate the City' s maximum
available of 1998 CDBG funds for Planning and
Administration ($67 , 170) ; and (4) Authorize the
Mayor to sign the County form indicating the
City' s desire for acceptance and distribution of
1998 funds. The Planning Committee recommended
approval of these action items on April 15 , 1997 .
ZONING CODE (CONSENT CALENDAR - ITEM 3D)
AMENDMENTS Mixed Use Zoning Code Amendment ZCA-96-5 and Map
Change. ADOPTION of Ordinance No. 3345 related
to mixed use development. The City Council
approved the mixed use zoning amendment on
April 1, 1997 . This amendment will permit
mixed use development, under certain circum-
stances, in portions of the General Commercial
(GC) , Community Commercial (CC) , and Professional
and Office (0) zoning districts.
ADOPTION of Ordinance No. 3346 amending the
zoning map to establish new mixed use zoning
designations in portions of the General
Commercial (GC-MU) , Community Commercial
(CC-MU) , and Office (O-MU) zoning districts.
(OTHER BUSINESS - ITEM 4C)
CM-1 Zoning District Regulations - Zoning Code
Amendment. Councilmember Orr explained that new
information has been received regarding this
item, and recommended that it be removed from
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Kent City Council Minutes May 6, 1997
ZONING CODE tonight' s agenda and be sent back to the Land Use
AMENDMENTS and Planning Board for review. There were no
objections and it was so ordered.
PLATS (CONSENT CALENDAR - ITEM 3E)
Hillside Manor Preliminary Plat SII-96-26. SET
May 20, 1997 , as the date for a public meeting to
consider a final plat application by Leonard
Stanley and Robert Bennett for the Hillside Manor
Preliminary Plat. This plat is 4. 3 acres in
size, consists of 23 lots, and is located at
24411 98th Avenue S. in Kent.
(CONSENT CALENDAR - ITEM 3F)
Singh Preliminary Plat SII-96-28. SET May 20,
1997 , as the date for a public meeting to con-
sider a final plat application by Shupe Holmberg
for the Singh Preliminary Plat. This plat is
. 96 acres in size, consists of two lots, and is
located on the south side of SE 244th Street,
approximately 600 feet east of 104th Avenue SE in
Kent.
(OTHER BUSINESS - ITEM 4B)
Nancy's Grove Division II Final Plat FSU-96-10.
This date has been set to consider the Nancy' s
Grove Division II Final Plat. The plat is
located east of 144th Avenue SE and south of SE
278th Street. The preliminary plat was approved
by King County and upon annexation to the City,
the final plat came under Kent' s jurisdiction.
ORR MOVED to approve the staff' s recommendation
of approval for the Nancy' s Grove Division II
Final Plat according to King County Ordinance
No. 11462 and File No. L93P0004 and to authorize
the Mayor to sign the final plat mylar. Woods
seconded and the motion carried.
REZONE (OTHER BUSINESS - ITEM 4A)
Van Doren's Landing Building J Rezone RZ-96-5 .
The Hearing Examiner has recommended approval of
an application to rezone approximately 0 .4 acres
of property from M1 , Industrial Park, to M1-C,
Industrial Park - C suffix. The property is
located at 22815 West Valley Highway in Kent.
Planning Manager Satterstrom explained that
additional commercial uses can be placed on this
site which are not ordinarily permitted in the
industrial zones. He added that this is con-
sistent with the Comprehensive Plan and with a
recent rezone west of this site. He noted that
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Kent City Council Minutes May 6, 1997
ZONING CODE tonight' s agenda and be sent back to the Land Use
AMENDMENTS and Planning Board for review. There were no
objections and it was so ordered.
PLATS (CONSENT CALENDAR - ITEM 3E)
Hillside Manor Preliminary Plat SU-96-26. SET
May 20, 1997, as the date for a public meeting to
consider a final plat application by Leonard
Stanley and Robert Bennett for the Hillside Manor
Preliminary Plat. This plat is 4 . 3 acres in
size, consists of 23 lots, and is located at
24411 98th Avenue S. in Kent.
(CONSENT CALENDAR - ITEM 3F)
Singh Preliminary Plat SU-96-28. SET May 20,
1997 , as the date for a public meeting to con-
sider a final plat application by Shupe Holmberg
for the Singh Preliminary Plat. This plat is
. 96 acres in size, consists of two lots, and is
located on the south side of SE 244th Street,
approximately 600 feet east of 104th Avenue SE in
Kent.
(OTHER BUSINESS - ITEM 4B)
Nancy's Grove Division II Final Plat FSU-96-10.
This date has been set to consider the Nancy' s
Grove Division II Final Plat. The plat is
located east of 144th Avenue SE and south of SE
278th Street. The preliminary plat was approved
by King County and upon annexation to the City,
the final plat came under Kent' s jurisdiction.
ORR MOVED to approve the staff' s recommendation
of approval for the Nancy' s Grove Division II
Final Plat according to King County Ordinance
No. 11462 and File No. L93P0004 and to authorize
the Mayor to sign the final plat mylar. Woods
seconded and the motion carried.
REZONE (OTHER BUSINESS - ITEM 4A)
Van Doren' s Landing Building J Rezone RZ-96-5.
The Hearing Examiner has recommended approval of
an application to rezone approximately 0. 4 acres
of property from M1, Industrial Park, to M1-C,
Industrial Park - C Suffix. The property is
located at 22815 West Valley Highway in Kent.
Planning Manager Satterstrom explained that
additional commercial uses can be placed on this
site which are not ordinarily permitted in the
industrial zones. He added that this is con-
sistent with the Comprehensive Plan and with a
recent rezone west of this site. He noted that
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Kent City Council Minutes May 6, 1997
REZONE one of the curb cuts puts access onto West Valley
Highway. Upon Clark' s question, he pointed out
that 228th will be extended and will see a
significant increase in traffic in the future.
Wickstrom noted for Clark that 228th will have
five lanes up to Military Road, where it will tie
into SR516. He explained for Orr that there will
be a right turn lane, but no left turn lanes.
ORR MOVED to accept the Findings of the Hearing
Examiner, to adopt the Hearing Examiner' s recom-
mendation of approval of the Van Doren' s Landing
Bldg. J Rezone and to direct the City Attorney to
prepare the necessary ordinance. Woods seconded
and the motion carried.
ANNEXATION (OTHER BUSINESS - ITEM 4D)
Meridian Valley Annexation Census Contract. On
April 15, 1997, the City Council passed the ordi-
nance for the Meridian Valley annexation that
is to be effective July 1, 1997 . The State
Office of Financial Management requires that a
census be conducted. Staff requests authoriza-
tion for the Mayor to sign the contract with
consultant Robert Scribner of Cutting Edge
Enterprises, whose company will be conducting the
Meridian Valley Census. ORR MOVED to authorize
the Mayor to sign an agreement with Cutting Edge
Enterprises in a form substantially similar to
the proposed agreement for census services.
Houser seconded and the motion carried.
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3J)
Tar Distributor Purchase. AUTHORIZATION to
purchase a Tar Distributor and establish a budget
in the amount of $30, 000 from the unrestricted
street fund, as recommended by the Public Works
Committee. The purchase of the Tar Distributor
is more cost effective than renting and there is
a cost savings associated with prolonging the
pavement life of City streets.
(CONSENT CALENDAR - ITEM 3K)
Lift Truck Purchase (35 ' Aerial Bucket Truck) .
AUTHORIZATION to transfer $34 , 000 from the
Equipment Rental Reserve fund to the Lift Truck
Purchase fund, as recommended by the Public
Works Committee. This lift truck is shared by
Engineering for signal maintenance, Parks
Maintenance and the Street Department.
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Kent City Council Minutes May 6, 1997
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3N)
ADA Modifications Funding. AUTHORIZATION to
allocate $101000 of the Workers Compensation
Trust Fund to ADA Modification Project Fund M-261
to continue dealing with ADA Modification issues
as they arise as a claim prevention action.
(CONSENT CALENDAR - ITEM 3Q)
East Valley Highway Restoration. ACCEPT the East
Valley Highway Pavement Restoration project as
complete and release retainage to Lakeside
Industries upon standard releases from the state,
and release of any liens, as recommended by the
Public Works Director. The original contract
amount was $769 , 897 . 50 . The final construction
cost was $800, 963 . 51.
(CONSENT CALENDAR - ITEM 3R)
S. 212th Street HOV Lanes. ACCEPT the S. 212th
Street HOV Lanes (WVH - SR167) project as com-
plete and release retainage to Gary Merlino
Construction upon standard releases from the
state, and release of any liens, as recommended
by the Public Works Director. The original
contract amount was $3 , 011, 766 . 32 . The final
construction cost was $2 , 981, 544 .70.
(BIDS - ITEM 5B)
35' Aerial Bucket Truck (Lift Truck) . The bid
opening for this equipment contract was held
on March 18th with one bid submitted by
Altec Industries, Inc. from Dixon, California.
The bidding requirements stated that the City
would consider a demo unit under 5 , 000 miles and
less than one year old. The demo unit bid
submitted was $63 , 405 . 20, however, this unit did
not meet the required specifications. The Public
Works Director therefore recommends that the new
1997 unit be awarded to Altec Industries, Inc.
for the bid amount of $63 , 986.24 . CLARK MOVED
that the 35, Aerial Bucket Truck contract be
awarded to Altec Industries, Inc. for the bid
amount of $63 , 986 . 24 . Woods seconded and the
motion carried.
RECYCLING (CONSENT CALENDAR - ITEM 3L)
Waste Reduction and Recycling Grant (King
County) . AUTHORIZATION for the Mayor to sign the
King County Waste Reduction & Recycling Grant
Agreement and to direct staff to accept the grant
and establish a budget for $33 , 187 , as recom-
mended by the Public Works Committee. The City' s
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Kent City Council Minutes May 6, 1997
RECYCLING match for this program is the Conservation
Specialist's time in implementing the program.
CIP (CONSENT CALENDAR - ITEM 3I)
CIP Budget Chancre. APPROVAL of a budget change
reallocating $536, 400 from Capital Reserve Fund
balance and $100, 000 from grant matching funds to
CIP accounts as outlined in Parks and Recreation
Department Director Hodgson' s memorandum of
April 9, 1997, for Park projects.
WIRELESS (CONSENT CALENDAR - ITEM 3P)
TELECOMMUNI- Wireless Telecommunications Facilities - Recrional
CATIONS Land Use Approach. Adoption of Resolution
FACILITIES No. 1490 regarding wireless telecommunications
facilities. This resolution encourages continued
efforts under way among various South County
cities to coordinate land use and planning
efforts pertaining to the location and siting of
wireless telecommunication facilities in order to
improve interjurisdictional communication on
these issues and to further the goal of achieving
a consistent, area-wide land use and planning
approach.
PERSONAL (OTHER BUSINESS - ITEM 4E)
WATERCRAFT Personal Watercraft (Jet Ski) Ordinance. During
discussions of amendments to the City's boating
regulations at the March 18 , 1997 Public Safety
Committee meeting, the issue of personal water-
craft (jet ski) regulations was presented to the
committee. The committee scheduled the issue of
personal watercraft regulations for a hearing
before the City Council which was held on
April 1, 1997 . During its April 15, 1997 , Public
Safety Committee meeting, the committee recom-
mended that the full Council consider two
proposals regarding personal watercraft. The
first proposal prohibits all personal watercraft
operation on Lake Meridian. The second proposal
restricts personal watercraft operating on the
lake at speeds in excess of eight (8) miles per
hour: (1) to the hours of noon to 6 : 00 p.m. ;
(2) on even numbered days of the calendar;
(3) from May 16 to September 15 of any year.
Both proposals are set forth in the ordinances.
BENNETT MOVED to adopt Ordinance No. 3348
amending Chapter 4 . 06 of the Kent City Code
regulating the operation of personal watercraft
on Lake Meridian, that it sunset on September 26
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Kent City Council Minutes May 6, 1997
PERSONAL and that the Council review the season' s
WATERCRAFT activities. Orr seconded.
Johnson voiced concern about the sunset clause
and suggested reviewing the ordinance after
September 15 for possible amendments or repeal.
Clark opined that a total ban should be con-
sidered before considering regulation. Orr spoke
in support of Bennett' s motion, noting that she
would like to give jet ski operators an oppor-
tunity to prove they can be law abiding
operators. She said Bob Crawford had provided
her with a video tape showing the dangerous
things that are happening on the lake. , She
offered a friendly amendment to Bennett's motion
that a review be done at the end of the season,
and a decision be made based on the review as to
whether to continue the ordinance or repeal it.
Bennett accepted the friendly amendment.
Woods agreed with Clark that Bennett' s motion is
more of a fall-back position for some. She said
she feels the lake is too small for jet skis, but
is not convinced that they could be banned
legally. She said that people living in a dense
urban area must be considerate of each other when
using equipment that produces a great deal of
noise. She said she would prefer to prohibit the
operation of personal watercraft. Bennett
explained that when this issue first came up, it
was said there were a few jet ski violators,
which was not enough evidence to ban them. He
said that his motion would provide an opportunity
to monitor them for the summer. He said it is
important to be fair, and that people who have
purchased jet skis should be afforded the oppor-
tunity to use them. Johnson said a ban would
probably be subject to a legal challenge, but if
the ordinance regulating operation does not work,
he will revisit the issue and vote to ban jet
skis on that lake.
Clark pointed out that other jurisdictions have
banned jet skis on inland waterways, and that
scientific evidence talks about the intrusiveness
of the noise level . He said many issues are
involved including the jet skiers loss of their
right to use their watercraft, but that larger
lakes are available in the area. He noted that
there is a public park on one end of the lake,
and that when children are swimming, there is the
potential that cries for help may be drowned out
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Kent City Council Minutes May 6, 1997
PERSONAL by the noise. He said that law enforcement is
WATERCRAFT not the problem, and noted that water skiing has
been allowed which has been moderated in terms of
directional traffic, but that personal watercraft
operators do not follow those rules. He said
this is a safety issue, a public health issue,
and a civility issue.
Orr said that if information as to the noise
levels could be obtained, jet skis may be banned
from the lake by the noise ordinance. She said
she has asked for such information, and that this
issue should be looked at. Mayor White said the
information should be available shortly.
Michael Urquhart, 26913 138th Avenue SE, said
there is a limited group of people who live on
the lake who support the ban of jet skis, but
that a ban would penalize many people. He said
if operated properly, personal watercraft are
safer than boats and don't displace as much water
as a boat would to cause shore erosion. He felt
using a decibel meter is a good way to monitor
noise, and that laws should be based on illegal
behavior. Casey Gibbs, 14661 SE 267 Street, said
he is opposed to the total ban and to regulation,
because the issues are noise and overcrowding.
He said the type of watercraft is relevant, as
some make more noise than others. He said
overcrowding causes collision danger and that
some personal watercraft operators behave
erratically, which also contributes to the
danger. He recommended that noise be restricted,
that behavior be restricted, that the number of
launches be limited, and that there be vigorous
enforcement. He reiterated that he is not in
favor of either proposal . Tom Brotherton noted
that the City Attorney has explored the issue of
legality. He said the noise issue is very
important, and that it is difficult to measure
noise and enforce the noise ordinance. Susan
Bielinski, 13835 SE 260th, said population
density and the size of lakes should be taken
into account when using other states as com-
parison. She said her family uses their personal
watercraft frequently and does not favor restric-
tions. Her son Tony Bielinski and daughter
Kendall Bielinski both said jet skis are safe.
Pat Healy, 32115 105th Place SE, Auburn, com-
mended Councilmember Bennett for his work on this
matter. He referred to an article in the Seattle
Post-Intelligencer in which the State Parks and
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Kent City Council Minutes May 6, 1997
PERSONAL Recreation Department said that although personal
WATERCRAFT watercraft may be bothersome, they meet noise
levels. He said he does not feel jet skis should
be banned and questioned who came up with the two
proposals.
Mark Anderson, 14418 SE 270th, said he has never
been notified that he may be banned from using
his jet ski. He said people who live and pay
taxes in the community should be able to vote on
this. He pointed out that the City has just
acquired the lake and is now making decisions
affecting people who have paid taxes for many
years. Jim Gonnason, owner of Gonnason' s Marina,
stated that in the past boating was limited and
that it worked very well. He suggested providing
education and limiting the park entrance to con-
trol the number of personal watercraft on the
lake. He said that the decibel readings are
available from all manufacturers, and that
machines with no mufflers should be taken off the
lake or fined heavily. He felt safe operators of
jet skis should be able to use them. Ginger
Drotning, 26930 140th Avenue SE, said she and her
husband served on the King County Volunteer
Marine Patrol and that they stopped obvious law
breakers and explained the rules, and the lake
was under control . She said she does not feel
safe now without a constant force to police the
activities on the lake. She said limitations are
necessary, and that jet skis must be used sensi-
bly and safely. She said personal watercraft
operators do not obey the rules, that they wear
wetsuits in order to use the lake on cold days,
and that the lake is too small. She also pointed
out that notification is made in the local paper.
At this point, the video tape showing the actions
of jet skis on the lake was shown. It was noted
that the tape was made on April 26 , 1997 .
Jack Bielinski, 13835 SE 260th, distributed
copies of a fax from his attorney regarding the
Lake Meridian Homeowners Association and a two-
page flyer regarding a Court ruling in San Juan
County. He noted that his boat and his two
personal watercrafts are all registered as
vessels, and added that tabs must be renewed each
year. He noted that Judge Stephen Mura ruled
that by requiring registration the state is
granting a license to use those (boats) on state
waters, and that his opinion was based on the
12
Kent City Council Minutes May 6, 1997
PERSONAL long standing tradition of boater access to the
WATERCRAFT water. He went on to say that jet skis have
saved the boating industry, and that it was found
that 30% of watercraft owners had completed a
boating safety course. He added that people who
take the course receive a reduction in their
insurance, and that responsible people will do
SO. He said banning personal watercraft is not
the solution, and that overcrowding is the
problem.
City Attorney Lubovich explained that other
vessels are currently allowed to go under 8 miles
per hour any time after six p.m.. and that per-
sonal watercraft should be entitled to the same
privilege, except that state law prohibits them
from operating in hours of darkness. He recom-
mended an amendment to Section C. 1. of the
ordinance, changing the words "only between the
hours of 9 : 00 a.m. and 6: 00 p.m. " to "except
during hours of darkness" . Bennett and Orr
agreed to the recommended amendment.
HOUSER MOVED to make all of the documents
presented to the City Clerk and the City Council
tonight a part of the record. Orr seconded and
the motion carried.
The motion to adopt Ordinance No. 3348 as amended
then carried with Clark and Woods opposed.
POLICE (CONSENT CALENDAR - ITEM 30)
Police shooting Range Upgrades. AUTHORIZATION to
allocate $50, 000 of the Workers Compensation
Trust Funds to the police shooting range upgrade
project fund for noise reduction employer
mandated claim prevention. Police Training
requirements and choice of weapons have changed
necessitating upgrades which include wall panels
and additional noise absorption to handle use of
rifle shots now required in training positions
down the range.
PARKS (CONSENT CALENDAR - ITEM 3U)
Restroom Partition Project. ACCEPT the Restroom
Partition Project at Lake Meridian, Russell Road
and Van Doren' s Landing Parks as complete, and
release final retainage to the contractor, Foster
Bray Company. Foster Bray was hired to supply
and install restroom partitions. The projects
have been completed and accepted by staff. All
state releases have been received.
13
Kent City Council Minutes May 6, 1997
COUNCIL (CONSENT CALENDAR - ITEM 3V)
Council Absence. APPROVAL of an excused absence
from the May 20, 1997 Council meeting for Council
President Houser, who will be unable to attend.
APPOINTMENTS (CONSENT CALENDAR - ITEM 3G)
(REMOVED AT THE REQUEST OF ARTHUR HARVEY)
City Transit Advisory Board Reappointments.
Mayor White has reappointed Ms. Linda Johnson and
Mr. Jay Bakst to continue serving as members of
the Kent City Transit Advisory Board. Their new
appointments will continue until April 30, 1999 .
Arthur Harvey, President of Kent Citizens
Association, voiced concern about the involvement
of people of color on committees. Mayor White
explained the process for appointment, and after
a brief discussion, WOODS MOVED to confirm the
recommended appointments to the Kent City Transit
Advisory Board. Houser seconded and the motion
carried.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the
bills received through April 15 and paid on
April 15, 1997 , after auditing by the Operations
Committee on April 29 , 1997 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
4/1/97 182688-182897 $ 920, 989 . 18
4/1/97 182898-183329 1 , 327 , 727 . 84
$2 , 248 , 717 . 02
Approval of checks issued for payroll for April 1
through April 15, 1997 and paid on April 18 ,
1997 :
Date Check Numbers Amount
4/18/97 Checks 219025-219340 $ 256, 281. 25
4/18/9 Advices 44918-45387 661, 318 . 02
$ 917 , 599 . 27
REPORTS Council President. Houser reminded
Councilmembers of the Suburban Cities dinner on
May 14 in Issaquah, and asked them to contact
Ms. Banister.
Public Works Committee. Clark noted that the
meeting scheduled for tomorrow has been
cancelled.
14
Kent City Council Minutes May 6, 1997
REPORTS Planning Committee. Orr noted that the next
meeting will be at 4 : 00 p.m. on May 20th.
Administrative Reports. McFall reminded Council
of an Executive Session of approximately 15
minutes regarding negotiations for property
acquisition and also for labor negotiations.
EXECUTIVE The meeting recessed into Executive Session at
SESSION 8 : 30 p.m. and reconvened at 8 : 45 p.m.
LABOR JOHNSON MOVED that the Mayor be authorized to
NEGOTIATIONS sign a labor agreement with the Kent Police
Officers Association representing the Police
Captains and Lieutenants for the contract period
January 1, 1996 through December 31, 1998 .
Houser seconded and the motion carried.
ADJOURNMENT The meeting then adjourned.
i Brenda JacobF, CMC
City Clerk
15
Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1. SUBJECT: VAN DOREN'S LANDING BUILDING J REZONE RZ-96-5 -
ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance No. 0 rezoning
Van Doren' s Landing Building J. This rezone was approved on
May 6, 1997 . The property is located at 22815 West Valley
Highway.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: City Council
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3C
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the Kent Zoning Map to
rezone approximately 0.4 acres of property from MI.
Industrial Park, to MI-C, Industrial Park-C Suffix.
WHEREAS, a request to rezone approximately 0.4 acres from MI.
Industrial Park, to MI-C, Industrial Park-C Suffix, for property located at 22815 West
Valley Highway was filed by the applicant on December 5, 19W and
WHEREAS, on January 1. 1997, the responsible official issued a mitigated
determination of non-significance (ENV-96-85) for the proposal; conditions address
impacts to traffic, pedestrian access, wetlands, water quality, and water quantity; and
i
WHEREAS, on March 5, 1997, the Kent Hearing Examiner conducted a
public hearing on the proposed Van Doren's Landing Building J rezone for property located
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at 22815 West Valley Highway from MI. Industrial Park, to MI-C, Industrial Park-C
Suffix; and
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WHEREAS, at the hearing, the Citv of Kent staff recommended approval
of Van Doren's Landing Building J Rezone No. RZ-96-5.. with the condition that access
may be taken off of only South 228th Street. and
i
WHEREAS. pursuant to Kent Cite Code, Section 15.09.050(C)(1-5), the
Hearing Examiner made findings that the proposed rezone is consistent with the Kent
Comprehensive Plan, the proposed rezone and subsequent development of the site would
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 5. - Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
i
ROGER A. LUBOVICH, CITY ATTORNEY
i
PASSED day of 1997.
APPROVED day of , 1997.
PUBLISHED day of . 1997.
I hereby certify that this is a true copy of Ordinance No. passed by the
City Council of the City of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
(SEAL)
BRENDA JACOBER. CITY CLERK
P'.LAW\ORDINANCVANDORE2 ORD
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NUMBER: #RZ-96-5 DATE: March 5, 1997
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APPLICATION NAME: Van Doren'S Landing Building J
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, � City limits EXHIBIT
Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1. SUBJECT: HARVEST INDUSTRIAL PARK - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, authorization to accept the bill of sale for Harvest
Industrial Park submitted by Opus NW L.L.C. for continuous
operation and maintenance of 985 feet of watermains, 362 feet
of sanitary sewers, 10 feet of storm sewers, and release of
bonds after the expiration period. The project is located at
West Valley Highway & 70th Avenue South.
3 . EXHIBITS: Vicinity map
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3D
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Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1. SUBJECT: KING COUNTY HAZARDOUS WASTE MANAGEMENT PLAN -
APPROVAL
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorize the Mayor to endorse, by letter, those
comments on the County' s Draft Hazardous Waste Management Plan
as submitted by the Public Works Department. Included in those
comments the City requested that the Plan be amended to include
siting of additional permanent household hazardous waste
collection facilities as recommended in the 1990 Plan, to
include a location serving the citizens of South King County.
3 . EXHIBITS: Director of Public Works memorandums
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3E
DEPARTMENT OF PUBLIC WORKS
May 7, 1997
TO: Public Works Committee
FROM: Don Wickstrot�
RE: Draft Local Hazardous Waste Management Plan
We have received a letter from the Health Department requesting comments to the
Local Hazardous Waste Management Plan. We submitted comments (letter
attached) however the Countv won't accept them.
We have reviewed our comments with Administration and they support them. We
are thus seeking Council concurrence therewith.
ACTION: Recommend that Council concur with the comments and authorize the
Mayor to sign and send comment letter
DEPARTMENT OF PUBLIC WORKS
April 21, 1997
TO: Brent McFall
FROM: Don Wickstrom
RE: Draft Local Hazardous Waste Management Plan
Attached you will find a letter from the Seattle-King County Health Department requesting
comments to the Local Hazardous Waste Management Plan. Also attached is a letter we
submitted with recommendations to include siting of additional permanent household hazardous
waste collection facilities as recommended in the 1990 Plan. To improve the effieciency,
effectiveness and equitable distribution of services, we recommended adding a location serving
the residents of South King County. It is our understanding that comments we submitted will not
be accepted as they were from staff and not endorsed by Mayor and Council.
As the Plan is nearing the end of the review process and will be submitted to the Health Board
for adoption at the end of May, we need to decide whether to seek authorization from Council
for the Mayor to sign a letter with our recommendations to the Plan, or to take no further action.
Please advise me as to how you would like to proceed.
cc: Bill Wolinski, Environmental Engineering Supervisor
CITY OF L"a-42 �
Jim White, Mayor
March 12, 1997
Mr. Rick Hall
King County Department of Natural Resources
Solid Waste Division
400 Yesler Way, Room 600
Seattle, WA 98104-2637
RE- Comment- to Draft i nral Hazardous Waste Management Plan
Dear Mr. Hall,
After reviewing the draft of the 1997 Local Hazardous Waste Management Plan for King County,
the City of Kent would like to submit the following comments regarding the collection of
household hazardous waste:
1. The 1990 Plan called for six permanent facilities to be located for easy access to
major population centers (within ten miles), to provide convenient collection
services for the maximum number of County residents. Only two such facilities,
the City of Seattle North and South Hazardous Waste Sheds became operational
during this plan period. These facilities primarily serve City of Seattle residents.
2. As identified in the 1990 Plan, 31 percent of individuals surveyed would be
willing to drive up to 2 miles and 49 percent up to 10 miles to dispose of their
waste. The South Hazardous Waste Shed is beyond this radius to Kent and South
King County residents.
3. The City of Kent conducts two annual special recycling and collection events
which provide opportunities to dispose of household hazardous items such as
motor oil, batteries and antifreeze, in addition to the Wastemobile siting in Kent
six days a year and surrounding communities another 16 days. Regularly
accessible services are not available to Kent area residents. As the majority of
household hazardous waste being disposed of is as a result of periodic cleaning
or moving, the lack of fixed collection facilities does not meet the public need,
nor does it meet the goals of the Plan.
4. Through education, the public has become more informed about the proper
management of household hazardous waste, thus the demand and need for
collection and disposal services and opportunities has greatly increased.
n drA Vr cn vFv.•. W♦CVrv('Tn"Oanl+ [vn. TLrm.,v... .:: .. ...... _... _
The City of Kent is requesting the 1997 Plan be amended to include siting of additional permanent
household hazardous waste collection facilities as recommended in.the 1990 Plan, to include a
location serving the citizens of South King County. We feel this would improve the efficiency,
effectiveness and equitable distribution of services provided through the Local Hazardous Waste
Management Plan.
Should you have any questions, please contact me at 859-3383.
Sincerely,
�y\
Don E. Wickstrom, P.E.
Department of Public Works
cc: Jim White, Mayor of Kent
Jeff Gaisford, King County DNR, Solid Waste Division
David Galvin, King County DNR, Water and Land Resources Division
Kathy Keolker-Wheeler, Councilmember, City of Renton, Suburban Cities Assoc.
Carl Osaki, Seattle-King County Department of Public Health
Nick Pealy, City of Seattle Public Utilities Department
Kent City Council Meeting
Date Mav 20, 1997
Category Consent Calendar
1. SUBJECT: DEPARTMENT OF HEALTH GRANT AGREEMENT, SPECIAL
RECYCLING EVENTS - AUTHORIZATION
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorize the Mayor to sign the Department of Health
Grant Agreement for two special recycling events, and direct
staff to accept the grant and establish a budget for $27, 014 .
3 . EXHIBITS: Director of Public Works memorandum and grant
agreement
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3F
' DEPARTMENT OF PUBLIC WORKS
May 7, 1997
TO: Public Works Committee
FROM: Don Wicicstromtw
RE: Department of Health - Grant Agreement
Special Recycling Events
Twice vearly we conduct special recycling events in the Spring and Fall. These events
are grant funded from the King County Solid Waste Division and the Department of
Health. The attached agreement in the amount of $27,014 is from the Department
of Health for said events.
ACTION: Authorize the Mavor to sign the grant agreement and direct staff to
accept the grant and establish a budget for S27,014.
EXHIBIT I
D2205QD
MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS
WASTE MANAGEMENT PROGRAM FOR 1997 ACTIVITIES
This Memorandum of Understanding between the Seattle-King County
Department of Public Health and the City of Kent specifies the
administrative procedures and monetary reimbursement regarding
implementation of the Local Hazardous Waste Management Program.
Scope of Work
The City of Kent will organize two city-wide Household Hazardous
Waste Collection and Recycling Events. At these events the
following materials will be collected and recycled: household
batteries, lead acid batteries, antifreeze, all petroleum-based
products/oil filters and automobile tires .
Reporting Requirements
The City shall submit progress reports to the Department with
each payment request. Payment requests must be submitted within
60 days after the completion of the event involved.
Budget
Attached hereto as "BUDGET/INVOICE" and incorporated herein.
We, the undersigned, agree to the above work:
KING COUNTY: CITY OF KENT:
Ron Sims Date Date
King County Executive
Jim White
Name
APPROVED AS TO FORM BY THE
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY Mavor
Title
CNTRCT97/KENT.DOC 1
EXHIBIT I-A
BUDGET/INVOICE
The City of Kent
220 Fourth Avenue South
Kent, WA 98032-5895
Todd Yerkes, Environmental Health Services Supervisor
Seattle-King County Department of Public Health
201 Smith Tower
Seattle, WA 98104
Period of time: January 1, 1997 to December 31, 1997 .
In performance of an Agreement between the Seattle-King County
Department of Public Health and the City of Kent, I hereby
certify that the following expenses were incurred during the
above mentioned period of time. The Department Program Monitor
will have access to details as needed.
Signature Date
Component Budget Expenses Balance
BHA collection:
Local Program Grants $27 , 014
Total $27, 014
For Department Use Only D22056D
Approved for payment:
Todd Yerkes Date
CNTRCT97/KENT.DOC Z
Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1. SUBJECT: KENT SCHOOL DISTRICT WETLAND MITIGATION - ESTABLISH
AND AUTHORIZE BUDGET
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization to direct staff to establish a budget
for $495, 216 received from the Kent School District as a
wetland mitigation fee and deposit same into the Green River
Natural Resource Enhancement Project Fund (D36) .
3 . EXHIBITS: Director of Public Works memorandum
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3G
DEPARTMENT OF PUBLIC WORKS
Mav 7, 1997
TO: Public Works Committee
FROM: Don Wickstrom
RE: Wetland Mitigation
As you are aware, the School District is proposing to build a new elementary school at
Meeker St & 64th Avenue. The site was encumbered with a small wetland area. The
School District was pursuing a wetland mitigation site and after considered time and
energy, found said site to be contaminated. Because the Corp of Engineers' approval
on their school site was about to run out, they asked us if we could assist in resolving
their situation. We determined we could create the respective wetlands within the
confines of our Lagoon Conversion project. The School District thus paid us what it
would have cost them per the development of their site had it not been found to be
contaminated.
We have received S495,216.00 from the School District and we are requesting
authorization to establish a budget and deposit same into the Green River Natural
Resource Enhancement Project Fund (D36) for which the City then will construct the
respective wetland.
ACTION: Recommend authorization to direct staff to establish a budget for
S495,216 and deposit same into Green River Natural Resource Enhancement Project
Fund. (D36)
Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1. SUBJECT: MERIDIAN WEST PRELIMINARY PLAT SU-96-2 - SET
MEETING DATE
2 . SUMMARY STATEMENT: Authorization to set June 3 , 1997 , as
the date for a public meeting to consider the Hearing
Examiner' s recommendation for a preliminary plat application
filed by Wally and Anne Mseitif for the Meridian West
Preliminary Plat. This plat is 4 . 86 acres in size, consists of
25 single family lots, and is located adjacent to 132nd Avenue
SE, between 263rd and 266th Streets.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS: _
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3H
Kent City Council Meeting
Date May 20 , 1997
Category Consent Calendar
1. SUBJECT: WASHINGTON ATHLETIC CLUB DONATION - ACCEPTANCE
2 . SUMMARY STATEMENT: Acceptance of a treadmill, valued at
$3 , 500, which was donated to Kent Commons Athletic Center by
the Washington Athletic Club.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3I
Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1. SUBJECT: IAC GRANT APPLICATION SUBMITTAL - RESOLUTION
2 . SUMMARY STATEMENT: Adoption of Resolution No. LD91
authorizing submittal of three IAC grant applications to the
Interagency Committee for Outdoor Recreation for the following
priority projects which are eligible for statewide grant funds:
1. Phase I: development of Salt Air Hills Park.
2 . Acquisition of land in the valley floor for ball field
development.
3 . Acquisition of land for wetland preservation/wildlife
habitat.
3 . EXHIBITS: Resolution
4 . RECOMMENDED BY: Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3J
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent authorizing application(s) for funding assistance for
Washington Wildlife and Recreation Program projects to the
Interagency Committee for Outdoor Recreation (IAC) as
provided in Chapter 43.98A RCW.
WHEREAS, the City of Kent has approved a Comprehensive park and
Recreation Plan that includes the Salt Air Hills Park development and the Valley Floor
Ballfreld project: and
WHEREAS, the City of Kent has approved a Habitat Conservation Plan that
includes the Valley Floor Wetland project; and
WHEREAS,under the provisions of the Washington Wildlife and Recreation
Program, state and federal funding assistance has been requested to aid in financing the cost
of land and facilities for local public bodies; and
WHEREAS,the Citv of Kent considers it in the best public interest to develop
the Salt Air Hills Park and to acquire land for the Vallee Floor Wetland project and for the
Valley Floor Ballfreld project:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT.
WASHINGTON. DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: That the Director of Parks and Recreation be authorized to
make formal application to IAC for funding assistance.
SECTION2: That any fund assistance received be used for the development
of the Salt Air Hills Park and for acquisition of land for the Valley Floor Wetland project and
for the Valley Floor Ballfield project.
SECTION 3: That the City of Kent anticipates its share of project funding
will be derived from Capital Improvement Program funds.
SECTION 4: The City of Kent acknowledges that they must support all non-
cash commitments to the local share should they not materialize.
SECTION 5: The City of Kent acknowledges that any property acquired or
facility developed with IAC financial aid must be placed in use as an outdoor recreation
facility or habitat conservation area and be retained in such use in perpetuity unless otherwise
provided and agreed to by the City of Kent. IAC, and any affected federal agency.
SECTION h: That this resolution becomes part of a formal application to
IAC.
SECTION 7: That the City of Kent provided appropriate opportunity for
public comment on this application.
Passed at a regular meeting of the City Council of the City of Kent, Washington this
day of 1997.
2
Concurred in by the Mayor of the City of Kent, this day of
1997
JIM WHITE. MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No. passed
by the City_ Council of the Citv of Kent, Washington, the day of
, 199T
(SEAL)
BRENDA JACOBER. CITY CLERK
P\LAW RESOLUTRBALLFIEL.RES
3
Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1 . SUBJECT: CDBG APPLICATION, SPRINGWOOD PARK - AUTHORIZE
SUBMITTAL
2 . SUMMARY STATEMENT: Authorization to submit the CDBG
application for funding trail repairs at Springwood Park. The
Springwood Park asphalt trail was damaged during the storms in
February of 1996. FEMA funds did not cover the cost of repair.
A CDBG would cover these costs.
3 . EXHIBITS: Letter and application form
4 . RECOMMENDED BY: Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION:
Council Agenda
Item No. 3K
C.T- Of
Jim White. Nfavor
4�ulb- '
AcnI Is_ 1997
mr. Tom Olson
K na Counry Housing and Co=uaiuv Deve:o0meni ''0aram
Community Services Div^sion
cv Tower Building
700 Firth avenue. _7th poor
Seattle. WA 9810a 0:
RE: Sor.nawood Park Trail Damage Repair
Dear .Vir. Olson:
I have artached the originai copy or an application for Suppie nentai Relief Funds for
Sormgv�ood Park. :faxed a copy to you on Friday, aoril 18 with your permission.
Our Parks Committee of the Ciry Councii mees the first Tuesday of the month. and will me-t on
Tuesday, Mav 6 to autilonze this anniication. I will send You the agenda prior ro Your deadline
of'-\/Iav and will tax the authorization as soon as it is avaiiabie ar'ter the May 6 me-ung.
I will be out of the office zom apri 26 tbroueh Vlay :7. lasts Bail is famiiiar with ibis project.
He can be reached at 618-sL7 or 859-3545 if you nave anv cuesnons.
S inc ere'y.
�ti L
�Fle Supenatendent
Lon M. mm. _
Paris Planning and Deveiopment
Vcc: lack Sall
Azoucaticn Nurnoer'
mate Rece,vec:
i f
Application Form for Public Improvements
King County Community Development 3Iock Crant Program
succiementai Fiood Relief Funds for October 1995 and January 1996 Disasters
Do not use more space titan what s orovidec. L6acning -materials, other than those recuestec, is neither
encouraged nor to your advantage.
1. T'itie of pr000sed Project
Sorinawocc Park 7ra4i Damage RePair
=. Project Location
Sorinowooc ?arK
K2Rt, id.Shingzon
^BG Funds �cumri.an e in on. tence wnat the C oG sucoiemental floca
O c`?,r G /`o
?r000sed use of
rungs wouic oe usec for;:
�Dg� =URCS 'NOUN be Used zo resur�ace aS�ndi ra' dnd SSr^?C and rePdlr
SurlaCe 'NaterjstOrm cra'naoe S;/Ste!il.
4. ?roiegt'CaS:
a� CDBG funcs recuesec
- 37,966.00
37.°66 .00
c, atat ?rojec: COS-,:
Aaoiicant Name ana Acoress: Authorizsc signature of Apoiicant..
City of Kent
Slana=.e J \
Parks and Recreation Department U
220 - 4th Avenue South John M. Hodgson, Director
Name anti Title
Kent, WA 98032-5895
Applicant must submit a coov of their 3carc /
Contact person (this.must oe someone wno
will oe availaoie to answer auesions aocut tee
City Council minutes authom�ng suemmat of this oroie= curing Aonl attn May 1 95�;:
aeotication. CnecK one:
Jac 3ai
Cacy of .Autho=3TiOn '.Tattaened.
wame
X Authonzation wiii he sucminec cy Mav cc-
Nee
g ec •n -!eet ,n pouf ccnrttunny. it must ce clear'nat 'he
.Ce •ne er r neec tris .,r }__, s es n
�e5"' dfd^I g - - cce -lsasiers. :anage nl.'at .nave
n nnar ^COS
neec :s the result of car.age c2useg py the c _. cr or an twe •_ ecr.:ary _arc,
occ::rrec oetween Ncvenoef -tn anc Decemoer I3th. ,_9= gr oetween anuary _ th an
cce Vvrat is ,he crolenineec you are accresstngr uantlrJ this neec. including cata wntcn cdnrlrns er
cesc lees the "rccierrt or neec.
On recruary 9 , 1996 , as a result or heavy rains the previous two weeks ,
sections or the asphalt trail at Springwood Para either washed out or
settled. he problem resulting is that surface 'Nater does not drain
proDerly into the drainage system anc the "potncles" have created •a
hazard for trail Users . Other problems inC1Ud7no retaininc wall /retenr4lor
pond damage `.which occurred at the park durinc _he same storm event.
nave been corrected.
-f^Iec: 10, '?!n:.u'fsacie CV 'he ar211 =us;nes5 -:arJntSaitCn ,.JDn�
w the =eceral
s laid why ihs .. .._ s
nt o U. 11A).
.nercencv mama- �- ,
-he Oity of 'Cent appi ec for F7-`IA =unas anc a -:_--MA insoecfor nvesz'catee
the damages. We received 51000 in rcMA -unas wnicn did not cover the actual costs
to repair the wall , aspnalt pad, anc the tra' ' patcnine. -he trail was patched
as a "band-aid" aaoroac❑ to cuickly correct the hazard, but the dratnaae along
the trail was not recairec. �uncs were not suT=icient to correct the arainage
damage and prevent it from occurring again 'n the future. -he drainage
problem continues to get worse with each storm event.
state why this proje= wouic not oe t ricea wdh c.:rrer!tly avanaole teaeral. sate, or local resour=s.
Sufficient resources have not been available to correct the drainage problem
properly. We continue to have washouts that are patched as they occur,
which is within our available resources .
- �rclec: �escr�ucn
=caeS:eC izs .:^d '.vndt `e";h+{sneg rggU� bvlll
_ _e •_e CIIC vVor or-� Nnig- : ng.n� .S nao ueC aCgve, �eec:rlcclly. gescoe
::�vlce LV ^vnl aC:'�S� .ne "•"JgIef7 /- -_ Je5:.
-.vvlge e� Jg.i�ule::ri ri a, .ia - ., a ...'"� I- ..._
e --c e r :ne erg 707 Dllg Ve
„gw the croie� actresses Jn - f J
undinc is requested tc :
•
install 500 1 .- . or" concrete corn and gutter. adjust elevations
of three catch basins as needed to insure drainage.
install 500 1 . -. or perrorated pioe and gravel on the uoniil side
or the curb anc connect to ex'st-nc storm drainage system.
gesur`ac exist� nc asonalt trail with a "' aspnait overlay.
;he ='nisned product ,vi1 provide 'or pos'tive sur'ace ,eater crainaae
anc prevent the tram `rom washing out durinc dorm events .
-he prc;ect accressec the ollowina c Leria :
is an urgent repair that wil ' oroviae 'or the sd-eLy tra' ''
users ang oreVent `ULUre gamdge Vne trail Sur`ace. ! W1II
also provide a permanent low maintenance solUtlOn that 'Nlll nor
wash out the tra' 1 or wasn wooC 1tUIC. CVer he trail d't�r 'dC1
Storm.
/• 1r•�.� Ali ?r.•Of • .. _
.ilv_l\�ne
aroiec':e
nor-;ate*ion ^at=_
Niiie_ ston_"
Retain services oz a Storm Drainage
Duly 99
Engineer to provide cons:ruct'.on
eocumenzs .
Advertise and award tie S'd o
September hoc;
;ons.r,,ic- the proles:.
September
gegin C,onstruccion
instruction comoieLe
October
Dec emper -Cg7
?ro ect Closeout
g, oroject Buccet
.,her ::ones
-) ?ersonnei Services (eroviae detail t)eiowl �--
(5) Gffice or Cloerating Suepiies (noes not inc:uee
construCuon supciies or eeuioment: see C and i)
(c� Consultant or =neineertng Se"ces
OOO .00
(d) Construction Contra= (for construction attach ;z aoc .Oa
eetaiied ccs creakcown on separate sneet)
(e) peal °rooerzy AcouIstion
500 .00
(`; Communications -
(g) ,avel and raining
(h) int,=-gooney Succor, 'Cities or County Debarments onry;
it _acrai Cuttay egc. men; 'Seecin
�) Wither (cetaii ne!cwi
-otai CCBG Funas (must one the same as 4a)
27
1 o. Bugget Detail of Category 9(a), if apniicabie
otal .. G
-tfe Scu,^
es Funcs =eouestec
=csiticn
TOTALS S
(same as 19a)
Est each position separately, even if:here is more than one cosition with the same tdle.
Marx all aominis.ative positions with an astensx
'?lease ,oentify ine ..^.ltmDer CT h0Ur5 Ter Week CL'Ivaleni IC a WI-"Me (^ 0051IlCC iCr lls aCenCl:
__r-
Cousnmctiou Contract Budget
Attac:unent 9d
S__7-0.00
1. Mobiiizanon S i ,00 00
:e;nporar erosion control/siit fence S 1.500.00
Demoiitiotvremove asphalt pavement
T. S00 !.=perforated pine. connected to e�istins catch bas ns S5.000.00
a�. S 10 per Lr. S 1. 00.00
:. Adiust rim or esistmz catch basins S500
59.000.00
o. asphalt ove-lav . 6000 s.r. az S1.S0 pe: s... S,.5 00.00
Base for se led areas
S. 500 1 :. concrete curb and Butte- Za. S1 S=.per i. . S1 06.00
.00
a. W�ashingrton State Saies ax
_1_
10. CONSTRliCTIONTOTAI
S3Z.460.00
Suceet Detail of Catecory 9iJ), if &00iicaeie
otal utter (same as 90) above; S
=ederal Requirements (aeeiicabie cuideiines atfacned)
nvironmentai Review
F, J:atLLON ':hec-list !s ccmoieted anc attacnec SO t11l5 dDCIICdtlOn
yes�- NO
_ .rn =avironmentdi =.55255��1ent cnecriist (-."•+ :S :CmCle?BC dnC dttaCnBC In instances wnere 'me
-eSUas Of the jtat:ltCr}' :;1eCXl6t Incicate the necessity ro, an
N/ NC Ni
ederai !.aeor Standaras
=ederai IaOOr laws will be aDDIICacie. Inc:uCinC- the Davis-Sacon roc:. All CCntracteld CcnstrtlCion worx will
be covered by these laws and pavment mace subie�to CCrITM or comciianca. his condition poses a
broowm fCr.hls oroie=. Tease e blam.
-his does not pose a problem.
Soecial Construction Requirements for PrOJecs Awarded over S200.000
Contracto s will need to comply with Section III of the �ousine and Urban Development AC' of ?968, as
ameneeC. whicn reeuires that Seps be taxen to hire law- ane moaerate-income quafined wonce If this
condition would unduiv comolicate your protect. piease exClaln.
Our project is below the S200 ,000 thresnolc.
:•r.
mace _ -
_,
consistent with anpiicabte —ounr,, and Sate nodes. ?cans. ?oiicies and '_and Use
Regulations
_ist the penmms ,nat will
d= necessary for this oroiec: anC the correspondinc permatinc aeency.
Storm Drainage permit: Ci _v o ,<en
14. capital Project Deadlines
Agency ac;cnowieeges that caeital proiects must nave ��BG tunes obiigateo by Novemoer cog
ano nave comoteted the oroie—_ nv Novemoer coc
Acknowledges.
:•r..
Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1. SUBJECT: CDBG APPLICATIONS, TURNKEY PARK/RUSSELL ROAD -
AUTHORIZE SUBMITTAL
2 . SUMMARY STATEMENT: Authorization to submit a CDBG
application for handicap accessibility at Turnkey Park and
Russell Road Park. Handicap accessibility is necessary at
Turnkey Park and Russell Road Park. A Community Development
Block Grant (CDBG) would fund the necessary renovations.
3 . EXHIBITS: Letter and maps
4 . RECOMMENDED BY: Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3L
CITY OF
I
Jim White. Mayor
March 24 , 1997
Stephen Norman, Executive Director
King Ccunty Housing Authcri-
15455 65th Avenue South
Tukwi'_a, Washington 98188
Dear Mr. Norman:
This letter is to advise you of the City of Kent Parks and
Recreation Department ' s plan to appiv for a 1998 Housing and
Community Development Block Grant to make :zandicapped accessibility
improvements to Turnkey Park in Kent . Turnkey Park is adjacent
Val'_: Kee Housing. Play equipment replacement is planned for Phase
17_ throuch a 1999 Block Grant application.
Being considered for the 1998 proposal is pathway construction from
the Valli Kee road to the northeastern_ gate to the park and
replacement of the existing Valli Kee gate with a new, U-shaped
gate in order to accommodate the physically disabled. Enclosed is
a sketch showing the proposed improvements . Although we don' t need
King County' s forma'_ approval of the Valli Kee construction until
after the grant is approved (fall of 1996 ) , we would appreciate
approval of the concept and being notified of any suggestions ,
concerns or objections .
Unfortunately, the grant preparation time is limited with the
cutoff being April 4th, so we are requesting your immediate input .
Your verbal response is welcome, but written confirmation is also
rec_uired for our application process . Please feel free to call me
at (206) 859-3993 , or Lori Flemm, Park Planning and Development
Superintendent, at 859-3994 . Our fax number is (206) 859-4005 . We
look forward to working with you on this exciting project .
Sin c r ly, r
- u
Jo Hodgscni )
Di ctor
Enclosure
cc Lori Flemm, Park. Planning and Development Superintendent
Ramona Fultz, Project Accountant
Teri Stump, Administrative Assistant
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Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1. SUBJECT: IAC GRANT LAND ACQUISITION BUDGET - ACCEPT AND
AMEND
2 . SUMMARY STATEMENT: Accept and amend the land acquisition
budget in the amount of $479 , 443 and authorize the Mayor to
sign the IAC grant contract. In 1996 staff was awarded an IAC
grant to purchase 13 . 1 acres in King County to expand an
existing site destined to become a community park for the City
of Kent' s East Hill Neighborhood.
3 . EXHIBITS: Letter and agreement
4 . RECOMMENDED BY: Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS•
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3M
S�4 iZnT�Jp
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� 1989
STATE OF WASHINGTON
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
P.O. Box 40917 • Olympia, Washington 96504-09 1 7 • (360) 902-3000 • FAX (360) 902-3026
April 30, 1997
Lon Flemm
Kent Parks &Rec Dept
220 4th Ave. South
Kent,WA 98032-5895
RE: East Hill Park Expansion, IAC #97-036A
Dear Lon Flemm:
Congratulations on your successful application for grant funds for the East Hill Park Expansion
project.
Original sets of the Project Agreement are enclosed. Each set contains the contract, milestones,
a customized invoice voucher, and appropriate IAC participation manuals. After review,please
have the appropriate person sign each Agreement, and return one signed original to the IAC.
After the Agreement is signed and returned, the East Hill Park Expansion project can commence.
Prompt implementation and completion of this project will be most appreciated. Doing so will
enable our office to provide reimbursement more rapidly. It will also help ensure the continuing
success and credibility of the WWRP - Local Parks program by demonstrating on-the-ground
results to citizens and policy makers.
LAC also encourages you to offer appropriate media opportunities to help build public awareness
of the project's purposes and benefits. If there is a future event such as a ceremonial opening or
ribbon cutting, our office would appreciate being notified of the occasion.
As always, IAC staff members are available to answer auesnons that may anse during
project implementation. If you have auesnons. please call Phil Trask at (360) 902-3019,
or send an e-mail to PhilT(a—).iac.wa.gov.
Thank you again for helping make this valuable investment in Washington's outdoors possible.
Sincerely, J, lGL
Laura Eckert Johnson Cad' �ll.Q tt_lCiC�$1 �
Director
Enclosures (,Ji
gericv
j Ilcom" tfar WWRP Project Agreement
�'flE AEBTION Outdoor Recreation Account
Project Sponsor Kent Parks & Rec Dept Project Number 97-036A
Project Title East Hill Park Expansion IAC Approval Date 4/16/1997
Purpose of Agreement
The purpose of this Project Agreement is to set out the terms and conditions under
which a grant is being made from the Outdoor Recreation Account of the General Fund
of the State of Washington by the Interagency Committee for Outdoor Recreation (IAC)
to the Project Sponsor, for the project identified above.
Description of Project
The Project which is the subject of this Agreement is summarized on the attached Project
Summary.
Terms of Agreement
The project reimbursement period shall be effective upon April 28, 1997 and
terminate on August 1 , 1997. Unless otherwise provided for, no expenditure
made prior to the effective date or after the termination date will be
eligible for reimbursement unless incorporated by written amendment into this
Agreement. The Sponsor's ongoing obligation for the above project shall
be perpetual unless otherwise identified in this Agreement.
Project Funding
Percentage Dollar Amount
IAC - WWRP - LP 07 — 4
Project Sponsor 50 479,444.00
Total Project Cost —
Additional Provisions or Modifications of the General Provisions (Special Conditions)
Project costs incurred prior to the execution of this agreement and consistent with IAC
Waiver of Retroactivity granted November 18, 1994, are eligible for reimbursement.
vvwHp
age i o
ro�ect greement
n„rrtnnr Recreation Account Chapter 43.98A RCW
I
Compliance with Applicable Statutes, Rules, and IAC Policies
This Project Agreement shall be governed by, and the Project Sponsor shall comply
with, all the applicable provisions of Chapter 43.98A RCW, chapter 286 WAC and
published IAC policies and guidelines, which are incorporated herein by this reference as
if fully set forth.
Entire Agreement
This Agreement, and all Attachments [Project Summary, Eligible Reimbursement Activities
Report, and the General Provisions] comprise the entire agreement between the parties.
Commitments, warranties, representations and understandings or agreements not contained,
or referred to, in this Agreement or written amendment hereto shall not be binding on either
party. Except as may be expressly provided herein, no alteration of any of the terms or
conditions of this Agreement will be effective unless in writing and signed by both parties.
Notices
All written communications sent to the Project Sponsor under this Agreement will be
addressed and delivered to:
Name: Lori Flemm
Title: Superintendent
Address: 220 4th Ave. South
Kent, WA 98032-5895
All written communications sent to the IAC under this Agreement will be addressed
and delivered to:
Interagency Committee for Outdoor Recreation
Natural Resources Building
P.O. Box 40917
Olympia, Washington 98504-0917
These addresses shall be effective until receipt by one party from the other of a
written notice of any change.
State of Washington
Interagency Committee for Outdoor Recreation
BY: ka'4_�� E DATE: April 30, 1997
aura Eckert Johnson, Director
Project Sponsor
BY: DATE:
Title: Pre-approved as to form
by Assistant Attorney General
Frolect Agreement eage Z of 2
Outdoor Recreation Account Chapter 43.98A RCW
...L>m.iPvlrpoor_s`.oroiaar2.r�'
Kent City Council Meeting
Date May 20, 1997
Category Consent Calendar
1. SUBJECT: LINDA HEIGHTS AND GARRISON CREEK - CONTRACT AND
AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization for the Mayor to sign a
consultant contract with Bruce Dees and Associates to prepare
construction bid plans and specifications and perform related
work as outlined in the scope of work for Linda Heights Park
and Garrison Creek Park. Budgets for both projects were
included in the supplemental CIP budget approved May 6, 1997 .
The Master Site Development Plan for Linda Heights Park was
approved on May 21, 1996 and for Garrison Creek Park on
August 20, 1996 .
3 . EXHIBITS: Fee and schedule
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $81, 939
SOURCE OF FUNDS: CIP Supplement Budget
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 3N
FEES
Scope of Work shall be provided on a Lump Sum basis with payments made each
month on the percent complete as follows:
Percent Task Garrison Creek Linda Heights
14% Background/Schematic Design 57,600.00 53,871.00
21% Design Development $11,400.00 55,806.00
3817o Construction Documents/Permits 520,630.00 S 10.510.00
2O7o Bidding 51.085.00 5553.00
24% Construction Review S 1"030.00 56.636.00
1% Project Close-Out 5544.00 5274.00
Total 5-4._159.00 527.650.00
Combined Total $81.939.00
14—Ls
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Kent City Council Meeting
Date May 20 , 1997
Category Consent Calendar
1. SUBJECT: HOUSE RELOCATION CONTRACT
2 . SUMMARY STATEMENT: As• recommended by the Public Works
Committee, confirm and ratify the Public Works Director' s award
of the house moving contract for Public Works to Emerald City
Building, in the bid amount of $93 , 000.
3 . EXHIBITS: Director of Public Works memorandum
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 30
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM
DATE: May 14, 1997
A bid opening was held yesterday 5/13 for the House Relocation Contract. One bid
was submitted in the amount of $93,000.00. The project consists of relocating two
houses that are in the immediate vicinity of the 277th Corridor project. They are to
be relocated on two city-owned lots and eventually sold. We hope to profit
approximately $100,000 to put back into the project fund. We have tried
unsuccessfully 3 times to get a good bid for this project and this time we feel a good
bid has been submitted.
Scarsella Bros is working on the 277th Hillside project (Corridor project) now and
the house relocation contractor needs to start tomorrow, May 15th. Otherwise there
will be a time-delay for Scarsella to complete the 277th Hillside project on time.
This could eventually result in significant Change Orders with Scarsella.
1 am requesting your concurrence in authorizing me to award the House Relocation
Contract to Emerald City Building in the amount of $93,000 with notice to proceed
effective May 15th.
�'y--._.__._..._-�
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Kent City Council Meeting
Date May 20, 1997
Category Other Business
1. SUBJECT: HILLSIDE MANOR PRELIMINARY PLAT SU-96-26 - APPROVAL
2 . SUMMARY STATEMENT: This date has been set to consider the
Hearing Examiner' s recommendation for conditional approval of
an application by Leonard Stanley and Robert Bennett for a
23-lot single family residential preliminary subdivision.
This plat is 4 . 3 acres in size and is located at 24411 98th
Avenue S.
3 . EXHIBITS: Staff report, Findings and Recommendations, and
preliminary plat map
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS-
7 . CITY COUNCIL ACTION:
Councilmemberl/U . moves, Councilmember tf seconds
to acce t reject/modify the Findings of the Hearing Examiner,
and to ado t reject/modify the Hearing Examiner' s
recommendation of approval of Hillside Manor Preliminary Plat.
DISCUSSION: �YLo
ACTION: hht�
Council Agenda
Item No. 4A
CITY OF J Q�T94L1V
Jim White, Mayor
Planning Department (206)859-3390/FAX(206) 850-2544
James P. Harris, Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER
(206) 859-3390 Theodore P.Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: HILLSIDE MANOR #SU-96-26
APPLICANT: Leonard Stanley and Robert Bennett
REQUEST: A request to subdivide approximately 43 acres into 23 single family lots.
LOCATION: The property is located at 24411 98th Avenue S.
APPLICATION FILED: December 31, 1996
DETERMINATION OF
NONSIGNIFICANCE ISSUED: January 24, 1997
MEETING DATE: March 19. 1997
RECOMMENDATION ISSUED: Apa12, 1997
RECOMMENDATION: APPROVED WITH CONDITIONS
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
Kevin O'Neill, Planning Department
Gary Gill, Public Works Department
PUBLIC TESTIMONY: Robert Bennett, applicant
Other
Ann Eggers
Mark Wilson
WRITTEN TESTIMONY: None
EXHIBITS: I. Hearing Examiner file containing application, public
notice and staff report.
1
20 4th AVE SO /KENT WASHINGTON 99032-5895/TELEPHONE (206)859-33001 FAX#859-3334
Hearing Examiner Findings and Recommendation
Hillside Manor
#SU-96-26
INTRODUCTION
After due consideration of all the evidence presented at public hearing on the date indicated above,
and following an unaccompanied personal inspection of the subject property and surrounding area
by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions
and recommendation are entered by the Hearing Examiner on this application.
SUMMARY OF PROCEDURE
A public hearing was held on March 19, 1997, in the City of Kent Council Chambers. All present
were given an opportunity to testify and present evidence. The record is now closed and the Hearings
Examiner is required to issue Findings and Conclusions within 10 days of the close of the record
based on information provided to him.
FINDINGS
1. The legal owner of the property proposed for subdivision is Mr. Edwin Angevine of Kent,
Washington. The applicant and contract purchaser of the property is Mr. Leonard Stanley
of Bothell, Washington. Exhibit 1, Application. The applicant was represented at the public
hearing by Mr. Robert A. Bennett.
2. The property proposed for subdivision is located at 24411 98th Avenue South. Exhibit 1,
Staff Report.
3. The property is approximately 43 acres. The applicant proposes twenty-three single family
lots with the smallest lot of 5,700 square feet. The applicant submitted a site plan dated
February 22, 1996, that shows all lots in conformance with minimum lot size requirements.
Exhibit 1, Site Plan. The proposal would result in 22 buildable lots. An existing house is
located on the subject property. Exhibit 1, Staff Report.
4. A rezone on July 2, 1996 changed the zoning of the property from SR-4.5. The property is
now zoned SR-8 with a 4,000 square foot minimum lot size. The Comprehensive Plan Land
Use Map designates the property as SF-8, Single Family Residential with eight dwelling
units per acre. Exhibit 1, Staff Report.
5. Land uses all around the property proposed for subdivision are predominantly single family
residential. There is also multifamily family development to the south of the property and
an Elementary School to the northeast of the property. Site View; Exhibit 1, Staff Report.
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6. There are several significant trees of 6-inch caliper or greater on the property. At the time
of development of the property, the developer will have to submit a tree plan for Planning
Department approval prior to development of any lot. Exhibit 1, Staff Report.
7. The site would be accessed off of SE 98th Street which is classified as a Residential
Collector that carries less than 2,000 vehicle trips per day. The street has a public
right-of-way of 30 feet and a paved width of 18 feet. The traffic impacts from the proposed
development would be cumulative and significant. Exhibit 1, MDNS. This increase in
number of vehicles will contribute to the congestion of surrounding streets if no
improvements are made to those streets. Improvements should include street widening, left
turn lanes, drainage and walkways. The applicant has agreed to mitigate traffic impacts
associated with the proposed development. Exhibit 1, MDNS (There was no appeal of the
MDNS).
8. The City of Kent water system and sanitary sewer system can be extended to each lot.
Exhibit 1, Staff Report.
9. The environmental review for this application resulted in a conclusion by the City's
Responsible Official that the project has no probable significant adverse impacts on the
environment that cannot be mitigated. A final Mitigated Determination of Nonsignificance
(MDNS)was issued for the proposed subdivision on January 24, 1996 pursuant to the State
Environmental Policy Act. It was not appealed by the applicant or any citizen. The
conditions of mitigation address several areas of environmental concern including traffic
impacts, stormwater detention facilities and dedication of land for utilities and streets.
Exhibit 1, MDNS.
10. Public notice of this application was given by posting, publication and mailing. Exhibit 1,
Affidavits of Harris and Holden.
11. One of the primary impacts of the proposed development would be on traffic and density in
the area. One citizen who live near the proposed subdivision expressed concerns about the
impacts of the proposed development on traffic and density and asked that the street
improvements be considered. She stated that a pedestrian sidewalk along 98th street was
desirable, and that street lighting on 98th would help particularly since children at East Hill
Elementary use that route. She expressed concern that if the road is upgraded, faster traffic
may cause safety problems. She also questioned whether 100th Street would be opened
since that would take some of the traffic. Testimony of Ann Eggers.
12. The City Engineer noted that under the conditions for the MDNS the street widening would
include a pedestrian walkway. This would also improve safety. The City Engineer also
noted that no street lighting of 98th Avenue S would be required because the children walk
during daylight, and that safety issues could be addressed by a neighborhood program to
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reduce the problems of speeding. It was also noted that 100th street would eventually be
opened when plats between the two dead ends were developed. Testimony of Mr. Gill, City
Engineer.
13. A nearby landowner (to the south of the proposed area) requested that a stub road be
considered to connect the proposed subdivision to their property Testimony of Mark Wilson,
J&R Pacific Realty. The City Engineer responded that no stub road would be required
because the parcel to the south already has access to 96th Avenue S. A stub road would need
to be negotiated between the applicant and Mr. Wilson. Testimony of Mr: Gill, City Engineer.
14. At the public hearing on September 4, the Planning Department recommended approval of
this application subject to specific conditions.
CONCLUSIONS
Jurisdiction
1. The Hearing Examiner has jurisdiction to hold a public hearing on this application; to
consider all evidence presented at the public hearing; and, based on that evidence, to present
a recommendation to the City Council to approve, disapprove or approve with conditions the
preliminary plat application. KCC 12.04.360, KCC 2.32.090.
2. Notice of the public hearing on this application was properly given in accordance with
applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC
12.04.360. Finding of Fact No. 10.
Criteria
1. The recommendation of the Hearing Examiner must be supported by the evidence presented,
as stated in the Findings of Fact of this recommendation, and must be consistent with the
standards and criteria for review specified in state statutes and city ordinances. The standards
and criteria for review of preliminary plat applications are found in Chapter 12.04 of the
Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW).
These review criteria include:
(a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations
is to:
provide rules, regulations, requirements, and standards for
subdividing land in the City of Kent, ensuring that the highest
feasible quality in subdivision will be attained; that the public health,
safety, general welfare, and aesthetics of the City of Kent shall be
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promoted and protected; that orderly growth, development, and the
conservation, protection and proper use of land shall be ensured; that
proper provisions for all public facilities (including circulation,
utilities, and services) shall be made; that maximum advantage of site
characteristics shall be taken into consideration; and that conformance
with provisions set forth in the City of Kent Zoning Code and Kent
Comprehensive Plans shall be ensured.
(b) KCC 12.04.330 which specifies eight requirements that must be shown on the
preliminary plat map including appropriate names and dates, proposed platted property lines,
contours and elevations, proposed public service areas, square footage calculations for
developed and open space, dimensions of each lot. statements of soil type and drainage
conditions, a description of existing land cover, and a description of wildlife present.
(c) KCC 12.04.370 which requires a written statement from the Seattle-King County health
department as to the general adequacy of the proposed means of sewage disposal and water
supply.
(d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable
environmental amenities so that urban development may be as compatible as possible with
the ecological balance of the area including preservation of drainage patterns, protection of
ground water supply, prevention of erosion and preservation of trees and natural vegetation.
(e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a
proper drainage plan and a proper water distribution system.
(0 KCC 12.04.450 which requires due consideration to the allocation of public service usage
areas and due regard for all natural features including large trees, water courses, historical
spots and other community assets that would add attractiveness and value to the property.
(g) KCC 12.04.490 which provides for mitigation of any adverse effects of development
upon the existing park and recreational facilities in the City of Kent.
(h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to
be served by the subdivision and a determination "that appropriate provisions are made for
public health, safety and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks
and recreation, playgrounds, schools and schoolgrounds and all other relevant facts,
including sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school."
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Hearing Examiner Findings and Recommendation
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Conclusion Based on Findings
1. Based on the Findings of Fact specified above, and with the specific conditions
recommended below, the Examiner concludes that this preliminary plat application is
consistent with the standards and criteria of applicable state statutes and city ordinances and
should be approved. Findings of Fact No. 3,4,5,7,8.9,12,13 & 14.
RECOMMENDATION
The Hearing Examiner recommends that this preliminary plat application be APPROVED subject
to the following conditions:
A. GENERAL CONDITIONS OF APPROVAL:
1. The Owner/Subdivider shall comply with all applicable conditions of the
Determination of Nonsignificance for 4ENV-96-85 for the HILLSIDE MANOR
SUBDIVISION.
2. Prior to a recommendation for preliminary plat approval by the Department of Public
Works, the Owner/Subdivider must submit and receive approval for preliminary
drainage plans for this plat.
B. PRIOR TO RECORDING THIS SUBDIVISION:
l. Unless otherwise provided for in a previous deed, the Owner/Subdivider shall quit-
claim deed and/or dedicate sufficient right-of-way, across the entire property
frontage, for the construction of 98th Avenue South to City Standards for a
Residential Collector street, minimum half-street right-of-way width of 30 feet. This
deed of right-of-way shall be provided based upon a survey to be performed by a
licensed land surveyor of the subject property, 98th Avenue South, and adjacent
affected properties, and shall clearly delineate the existing public right-of-way.
property lines, curb lines, paving limits, and other public and private improvements.
This right-of-way dedication shall include sufficient property to construct 35-foot
radius curb return tangent to the new curb lines on 98th Avenue South and the plat
street.
2. The Owner/Subdivider shall dedicate sufficient right-of-way for the construction of
96th Place South (the north-south portion of the plat street) and South 245th Place
to City Standards for a Residential Street, typical right-of-way width of 49 feet. This
deed of right-of-way shall be provided based upon a survey to be performed by a
licensed land surveyor of the subject property, 98th Avenue South, and adjacent
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affected properties, and shall clearly delineate the existing public right-of-way,
property lines, curb lines, paving limits, and other public and private improvements.
This right-of-way dedication shall include sufficient property to construct a'knuckle'
meeting City Standards at the intersection 96th Place South and South 245th Place.
3. The Owner/Subdivider shall acquire and dedicate sufficient right-of-way from the
adjoining properties to construct the transitions to the fronting roadway
improvements on 98th Avenue South, or provide suitable financial guarantees,
acceptable to the Public Works Director, to allow the City to purchase the necessary
right-of-way and construct the improvements.
4. The Owner/Subdivider shall acquire and grant an easement for the proposed
temporary turnaround at the northerly terminus of 96th Place South. The minimum
radius of this temporary turnaround shall be 45-feet at edge of paving.
5. The Owner/Subdivider shall grant 26-foot wide private access easement, per City
Standards for a Residential Access Road and modified as necessary to provide an
emergency vehicle turnaround meeting the requirements of the Fire Marshal for the
following:
a. Access Tract 1: Lots 9 through 12
b. Access Tract 2: Lots 13 through 16
C. Access Tract 3: Lots 17 through 20
6. The Owner/Subdivider shall receive approval of engineering drawings submitted for
review and approval by the City, and either construct or bond for the following:
a. A gravity sanitary sewer system to serve all lots. The sanitary sewer shall be
extended to the subject property along the alignment of 96th Avenue South
from the existing system located within South 248th Street, unless otherwise
approved by the Public Works Director to connect to the existing sewer
system to the north of the site. Approval of this alternative will require the
applicant to prepare a detailed engineering analysis of the downstream system
to verify that adequate capacity exists to serve the subject property and all
off-site properties within the same service area.
b. A water system meeting domestic and fire flow requirements for all lots. The
line shall be extended/looped from 98th Avenue South to tie-into the existing
8 inch water main in 96th Avenue South at the intersection of South 246th
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Street. The water system main shall also be extended to the northerly
subdivision boundary from the intersection of the plat street at 96th Avenue
South unless otherwise approved by Public Works.
C. A storm drainage system meeting applicable standards for conveyance,
detention, and water quality treatment. Off-site conveyance shall be sized to
accommodate the 100-year, 24-hour peak future drainage rate for the
drainage basin. The minimum detention and release standards to be met for
this project shall be that for the City of Kent Hill standards. Unless approved
otherwise by the Public Works Director, the public retention/detention
facility shall be an open pond with no interior slopes being steeper than 3:1
(Horizontal : Vertical), unless the Owner/Subdivider provides a geotechnical
report with the Preliminary Drainage Plans which indicates a stability
problem with an open pond facility-
(1) Unless the Owner/Subdivider submits a drainage plan significantly
different than what was submitted prior to the application for this
subdivision, the Owner/Subdivider may be required to make
extensive off-site improvements. In addition, the Owner/Subdivider
will also have to obtain public stormwater easements, if necessary,
for any portion of the downstream conveyance system to Mill Creek
which is outside of existing City right-of-way or City drainage
easements.
(2) The final Detailed Drainage Plan and Report will clearly identify the
existing and future capacity of each existing link in the drainage
system for the required downstream analysis. The downstream
analysis for this development will include an analysis for capacity,
erosion potential, and water quality from the point of discharge from
the site downstream a distance of at least one quarter mile, or to the
point where stormwater discharges to Mill Creek, whichever is
further. Should the downstream capacity be insufficient to convey
the 25-year, 24-hour peak flow rate for future conditions, the
Owner/Subdivider shall either provide necessary off-site conveyance
improvements (and easements where necessary), OR further
detain/retain stormwater and restrict the release rate of stormwater to
ensure that the capacity of the existing conveyance system will not be
exceeded at the time of full build-out in the drainage basin, or some
combination of these methods. Similarly, should the existing
erosion/siltation problem at Mill Creek be exacerbated by the
proposed release conditions, then the Owner/Subdivider will have to
further restrict the release of stormwater from this development, OR
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provide adequate off-site mitigation at the discharge point to Mill
Creek.
(3) The Detailed Drainage Plans and Report for the plat will clearly show
the proposed conveyance route from the subdivision to Mill Creek,
the required off-site conveyance improvements that will be
constructed as part of this project, and the new public drainage
easements, if any, that will be provided by the Owner/Subdivider to
use this route. If this route passes through an existing detention
system, the Owner/Subdivider shall provide a level-pool analysis,
routing the 100-year, 24-hour design storm through the off-site pond
to identify any potential adverse impacts on that pond.
(4) Each house and garage shall be directed to Roof Downspout
Infiltration Trenches meeting requirements of the Department of
Public Works including overflow pipes that shall be connected to an
approved conveyance system. The following requirement shall be
stated on the face of the final plat:
AS A CONDITION OF BUILDING PERMIT ISSUANCE,
RESIDENCES CONSTRUCTED ON LOTS OF THIS
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON
THE APPROVED STORMWATER DRAINAGE PLANS.
(5) The Owner/Subdivider shall submit a Landscape Plan for within and
surrounding the retention/detention facility (if a pond only) to the
Kent Planning Department and the Department of Public Works for
concurrent review and approval prior to approval of the Detailed
Drainage Plans.
(6) Surface water runoff from the developed subdivision along the west
and south edges of the plat shall be intercepted and conveyed into the
storm drainage system to avoid off-site impacts. The interception
drainage system shall be within an approved drainage tract, or as
otherwise approved by the City. Construction of swales, ditches, or
similar improvements within easements on private lots will not be
acceptable to meet this requirement.
(7) The Owner/Subdivider shall construct an open-to-the-air stormwater
treatment system in accordance with Kent Construction Standards to
mitigate for potential impacts to stormwater runoff quality.
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Acceptable stormwater treatment facilities meeting this requirement
in their preferred order include: infiltration after pretreatment(it is the
only alternative which captures all pollutants from the design storm);
biofiltration swales; wet ponds; extended detention ponds; and
created wetlands.
(8) The stormwater treatment system shall be within the approved
retention/detention facility tract. Easements for biofiltration swales
across private lots will not be acceptable to meet this requirement.
(9) The Owner/Applicant has not submitted evidence to support the fact
that an infiltration facility is not feasible. Unless the
Owner/Applicant provides evidence refuting the feasibility of
infiltration for this subdivision in the Detailed Drainage Plan and
Report, an infiltration retention pond shall be required and
constructed for this subdivision. This will result in the loss of one or
more lots for the final plat.
d. The Owner/Subdivider shall grade for streets, storm drainage, utilities and for
house pads for all lots. Grading Plans and Temporary Erosion/Sedimentation
Control Plans shall meet the requirements of the City of Kent Construction
Standards.
e. The Owner/Subdivider shall construct the plat streets (96th Place South and
South 245th Place) to City Standards for a Residential Street, including a 32-
foot wide paved roadway; concrete curbs and gutters; five [51-foot wide
concrete sidewalks on both sides of the street; a City-owned street lighting
system; storm drainage;street channelization;utilities and appurtenances. and
35-foot radius curb returns at the intersections of the South 245th Place and
98th Avenue South.
The Owner/Subdivider shall install a permanent sign (i.e. 0.080 inch
aluminum sign blank, with 3M-brand 'High Intensity' grade sheeting)
mounted with tamper/vandal-resistant hardware on at least two locations at
the northerly subdivision boundary on 96th Place South. These signs shall
carry the following message:
PUBLIC NOTICE
96th Place South is temporarily dead-ended at this barricade, and is required
to be extended northerly upon future development.
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Hearing Examiner Findings and Recommendation
Hillside Manor
4SU-96-26
Contact City of Kent Public Works Department Works Department at
859-3383 for further information.
f. The Owner/Subdivider shall construct three 24-foot wide paved Private Access
Tract roadways and including on-site paved hammerhead turnarounds meeting
the requirements of the Fire Marshal. if determined necessary, at the following
locations:
(1) Access Tract 1: Lots 9 through 12
(2) Access Tract 2: Lots 13 through 16
(3) Access Tract 3: Lots 17 through 20
g. The Owner/Subdivider shall construct the off-site roadway improvements
identified in the SEPA DNS issued for the plat (ENV 96-89), as well as the
following frontage improvements along 98th Avenue South: .
(1) A widening/improvement of 98th Avenue South across the entire plat
frontage. This widened street shall include an additional 15-foot wide
strip deeded to the City of Kent across the entire easterly plat frontage.
for the widening of 98th Avenue South to City Standards for a
Residential Collector roadway, for a total half-street right-of-way of
width of 30 feet. The improvements shall include an 18-foot wide half
street improvement on the westerly side of 98th Avenue South; including
and engineered pavement section; concrete curbs and gutters; 5-foot wide
cement concrete sidewalk; a City-owned street lighting system;
landscaping; storm drainage: street channelization; utilities and
appurtenances.
If it is determined through a City-approved pavement analysis and design
prepared by the developer's engineer that all or any portions of the
existing 98th Ave pavement and subgrade are structurally sound, and may
remain in place, then the following measures shall be taken as a
minimum to insure proper construction of the roadway in accordance
with the City's pavement design standards. The edge of the existing
pavement shall be saw-cut at least one (1) foot (or more, at the sole
discretion of the Director of'Public Works, based upon the condition of
the existing roadway pavement) inside the existing edge of pavement.
After placement of the new structural section, the joint between the new
pavement and saw-cut line shall be sealed. Finally. these
Owner/Subdivider shall be responsible for a minimum 1.5 inch deep
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Hearing Examiner Findings and Recommendation
Hillside Manor
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(after the pre-level course) asphalt concrete overlay of the entirefull-
width of the existing roadway pavement through the widened area, as
necessary,to provide a 2 percent crown section across the pavement; and
as necessary to meet City Standards for roadway pavement sections
appropriate to the roadway's functional classification
These improvements shall also include sufficient pavement on the
easterly side of the roadway centerline to provide a minimum 12-foot
wide northbound lane across the entire frontage of the plat ; and
necessary pavement transitions to the existing portions of 98th Avenue
South to the north and south of the plat.
In addition, the Owner/Subdivider shall install "No Parking" signs across
the entire subdivision frontage on 98th Avenue South.
7. The Owner/Subdivider shall dedicate all necessary public right-of-way for the
improvements listed in this section, and provide all public and private easements
necessary for the construction, operation, and maintenance of the required improvements
identified in this section.
C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE HILLSIDE
MANOR SUBDIVISION. THE OWNER/SUBDIVIDER SHALL:
1. Construct all improvements required in Sections A & B, above.
2. The Owner/Subdivider shall receive approval for Detailed Grading Plans AND
Temporary Erosion and Sediment Control Plans in conformance to the City Construction
Standards submitted to the Department of Public Works for review and approval.
3. The Owner/Subdivider shall receive approval of As-built drainage plans for the entire
site prepared by a land surveyor licensed by the State of Washington.
4. The subdivider shall implement all mitigation measures required by the Determination
of Nonsignificance for SEPA checklist#ENV-96-89 for the Hillside Manor Subdivision.
5. The Owner/Subdivider shall submit a Detailed Tree Plan for the general site, for the
roadway, and for all individual lots showing all trees six inches in diameter or greater,
and their relationship to any proposed structures. This plan must be approved by the
Kent Planning and Public Works Departments prior to approval and construction of the
final roadway design and prior to the issuance of a development permit or any grade and
fill permit for any lot. No trees of six inch caliper or greater shall be removed from any
lot except through a tree plan approved by the Kent Planning Department.
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Hearing Examiner Findings and Recommendation
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6. Dedicate five percent(5%)of the total plat area being developed as open space park land
or pay a voluntary fee in lieu of dedication as set forth in Ordinance No. 2975.
Dated this 2nd day of April, 1997.
THEODORE PAUL HUNTER
Hearing Examiner
APPEALS FROM HEARING EXAMINER RECOMMENDATION
ORDINANCE 3320 (excerpt): The action of the city council, approving, modifying, or rejecting a
recommendation or decision of the hearing examiner, shall be final and conclusive, unless within
twenty-one (21) calendar days of the city council action, an appeal is filed with the Superior Court.
13
CITY Of
i
Jim White, Mayor
Planning Department (206)859-3390/FAX(206) 850-2544
James P. Harris, Planning Director
KENT PLANNING DEPARTMENT
(206) 859-3390
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
MARCH 19, 1997 2:00 PM
FILE NO: HILLSIDE MANOR #SU-96-26
APPLICANT: Leonard Stanley
10805 Circle Drive
Bothell, WA 98011
Robert A. Bennett
Bennett P.S. & E.. Inc.
P. O. Box 1031
Puyallup, WA 98371
REQUEST: A request to subdivide approximately 4.3 acres into 23 single
family residential lots.
STAFF
REPRESENTATIVE: Sarah Bradley, Planner
STAFF
RECOMMENDATION: APPROVAL with conditions
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to subdivide one existing tax parcel into 23 single family
residential lots. Construction of a residential road to City of Kent standards will be
required to serve this plat. Approval of this application will produce twenty-two
additional building lots. An existing house is located on the subject property.
1
"U 4th AVE.SO.. l KENT.WASHINGION 980',2J89j I TELEPHONE 1106)SS9-1?00l FAX u yi9-3z.+1
Staff Report
Hillside Manor
#SU-96-26
B. Location
The subject property is located at 24411 98th Avenue South.
C. Size of Property
The subdivision proposal is approximately 4.3 acres in size.
D. Zonin
The subject property is zoned SR-6, Single Family Residential with a 6.05 units per
acre maximum density.
E. Land Use
There is currently one single-family residence and several dilapidated accessory
buildings located on the subject parcel. The parcel is surrounded by single-family
development. The parcels immediately adjacent to the subject property are not
platted, resulting in fairly low density development. There are developed plats
located to the north and southeast of the of the subject property. East Hill
Elementary School is located to the northeast of the property at the southeast corner
of 98th Avenue South and South 240th Street. Multi-family development is located
to the south of the subject parcel at the south end of SE 248th Street. The City of
Kent Comprehensive Plan Land Use Map designates the site as SF-8, Single Family,
8 dwelling units per acre.
F. History
The subject property was annexed to the City of Kent as part of the approximately
400 acre East Hill Well Annexation Area 2 on April 2, 1987 (Ordinance No. 2721).
The annexation occurred as a result of the City taking over and improving the water
system for customers of the East Hill Well Company July 1, 1994 as part of the
Ramstead/East Hill annexation area.
A rezone was approved on July 2, 1996 by the Kent City Council, changing the
zoning from SR-4.5, Single Family Residential, maximum allowable density of 4.53
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Staff Report
Hillside Manor
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units per acre to SR-6, Single Family Residential, maximum allowable density of
6.05 units per acre.
A Tentative Plat meeting was held on August 28, 1996 to discuss issues regarding
this plat (#TSU-96-26). At this meeting the applicant was given proposed
preliminary conditions of approval for this plat.
11. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A Mitiated Determination ofNonsignificance (MDNS) (#ENV-96-17)for the rezone
proposal was issued on March 27, 1996.
A Mitigated Determination of Nonsignificance (MDNS) (#ENV-96-89) for the
proposed 23 lot subdivision was issued on January 24, 1997.
B. Significant Phvsical Features
Topography and Vegetation
The site has moderate wet-facing slopes which average approximately six percent.
There are portions of the property where the slope slightly exceeds ten percent. The
site is heavily vegetated, with several significant deciduous and evergreen trees
located on the site. At the time of development of the property, the developer will
have to submit a tree plan for Planning Department approval prior to development
or any improvements on any lot.
C. Si;;nificant Social Features
1. Street Svstem
The subject property has access to 98th Avenue South which is classified as
a residential collector. The street has a public right-of-way width of 30 feet
while the actual width of paving is 18 feet. The street is improved with
asphalt paving. A widening strip will be required to be deeded to the City.
New left turn lanes will be required. The average daily traffic count on the
street is 1,100 vehicle trips per day.
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Hillside Manor
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2. Water System
Water service to the site will be provided by the City of Kent. An existing
10 inch water main line is available to serve the subject property.
3. Sanitary Sewer System
Sanitary sewer service will be provided by the City of Kent. An existing S
inch sanitary sewer is available to serve the subject property.
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application:
Chief of Staff City Attorney
Director of Public Works Chief of Police
Parks & Recreation Director Fire Chief
Building Official City Clerk
Kent School District
King County Parks, Planning & Resource Department
US West Communications
Puget Sound Power and Light
Seattle-King County Health Department
Washington Natural Gas
Washington Department of Transportation
U.S. Postmaster
In addition to the above, all persons owning property which lies within 300 feet of the site
were notified of the application and of the public hearing.
Staff comments have been incorporated in the staff report where applicable.
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Hillside Manor
#SU-96-26
IV. PLANNING DEPARTMENT REVIEW
A. COMPREHENSIVE PLAN
In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which
represented a complete revision to the City's 1977 comprehensive plan. The 1995
plan was prepared under the provisions of the Washington State Growth
Management Act. The Comprehensive Plan. through its goals and policies, presents
a clear expression of the City's vision of growth for citizens, the development
community, and other public agencies. The plan is used by the Mayor, City Council,
Land Use and Planning Hearings Board, Hearing Examiner, and City departments
to guide decisions on amendments to the City's zoning code and other development
regulations, which must be consistent with the plan, and also guide decisions
regarding the funding and location of capital improvement projects. The Land Use
Element of the plan contains a Land Use Plan Map. which designates the type and
intensity of land uses throughout the city, as well as in the entire potential annexation
area.
Upon reviewing the development plan/subdivision map for HILLSIDE MANOR,
incremental but cumulatively significant, additional impacts to the regional and local
transportation systems are demonstrated. in part, as additional traffic congestion at
the following intersections:
South 248th Street at 98th Avenue South
James Street at 98th Avenue South
Canvon Drive at 94th Avenue South
Additional incremental,but cumulatively significant, impacts will be created to water
quality, storm water detention and conveyance facilities, utility transmission
facilities, sanitary sewerage and domestic �,vater conveyance systems.
Compliance with the City of Kent's 'Public Works Ordinance' and the State of
Washington's Growth Management Act wi I require concurrent improvement or the
execution of binding agreements by the Owner/Subdivider with the City of Kent, for
participation in future improvement projects of roadway, intersection and intersection
signalization, storm water detention, treatment, and conveyance, utility, sanitary
sewerage, and domestic water systems.
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KENT COMPREHENSIVE PLAN
The City of Kent Comprehensive Plan is made up of eleven elements which contain
written goals and policies as well as a land use map. The Kent Comprehensive Plan
Land Use Map designates the project site as SF 6, Single Family Residential, with
a six units per acre maximum density.
LAND USE ELEMENT
The land use element outlines the proposed general distribution and location of
various uses of land within the planning area. The land use element is designed to
guide where and when development happens, as well as the character of Kent's
development pattern.
Goal LU-1: Designate an urban growth area and Potential Annexation Area which
will define the City's planning area and projected city limits for the
next 20 years.
Policy_LU-l.l: Provide enough land in the City's urban growth area
to accommodate the level of household growth
projected to occur in the next 20 years.
Goal LU-8: The City of Kent adopts a 20 year housing target of 7,500 new
dwelling units within the existing city limits. Coordinate with King
County through an interlocal agreement on housing targets in the
unincorporated area within Kent's Potential Annexation Area.
Policy LU-8.1: Provide in the land use plan adequate land and
densities to accommodate both city and county targets
within the Potential Annexation Area. Average net
residential densities throughout the Potential
Annexation Area should be at least four units per acre
in order to adequately support urban services.
Planning Department Comment:
This proposed subdivision supports several of the goals and policies in the land use
element. The development of vacant properties inside the urban growth boundary
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prevents further urban sprawl in rural areas. In addition, infill development provides
a much more efficient means of providing services and enhancing pedestrian
opportunities. The net density of this project is approximately 6.05 units per acre.
HOUSING ELEMENT
OVERALL GOAL: ENSURE OPPORTUNITIES FOR AFFORDABLE HOUSING
AND AN APPROPRIATE LIVING ENVIRONMENT FOR KENT CITIZENS.
Goal H-1: Promote healthy neighborhoods by providing a wide range of housing
options throughout the community that are accessible to community
and human services. employment opportunities, and transportation,
and by being sensitive to the environmental impacts of development.
Policv H-1.2: Guide new residential development into areas where
community and human services and facilities are available.
and in a manner which is compatible with the land use
element.
Policv H-1.7: Continue to utilize regulatory measures to control impacts of
residential development on the environment and on water
quality. Review these regulations periodically to assess their
overall effectiveness and their impact on housing cost and
supply.
Planning Department Comment
This proposed subdivision supports relevant goals and policies of the housing
element. The proposed location is easily and well served by existing human services
and facilities. The potential impacts of this project have been reviewed under the
State Environmental Policy Act, and its impacts have been mitigated for through a
conditional Determination of Nonsignificance. These impacts include, but are not
limited to, water quality and traffic. The provision for on site stormwater
management and a separate sensitive areas tract will protect the water quality in the
area. As mentioned elsewhere in this report, the proposed development is consistent
with the land use element including the Land Use Plan Map.
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TRANSPORTATION ELEMENT
OVERALL GOAL: PROVIDE FOR A BALANCED MULTIMODAL
TRANSPORTATION SYSTEM WHICH WILL SUPPORT LAND USE
PATTERNS AND ADEQUATELY SERVE EXISTING AND FUTURE
RESIDENTIAL AND EMPLOYMENT GROWTH WITHIN T14E POTENTIAL
ANNEXATION AREA.
Goal TR-1: Coordinate land use and transportation planning to meet the needs of
the City and the requirements of the Growth Management Act.
Policy TR-1.2: Coordinate new commercial and residential
development in Kent with transportation projects to
improve affected roadways.
Policy TR-1.3: Fund development of the roads necessary for a
complete arterial system serving all travel needs in the
planning area (I inside and outside the City) through
fair share payments by new residential, commercial,
and industrial development.
Planning Department Comment:
Under the Growth Management Act, the City must be able to provide the necessary
infrastructure to support new development at the time it is completed. There are
existing sewer and water facilities available to serve the site, and the applicant will
be required to build a residential street to provide access. This will be a dedicated
public right of way which is integrated into the existing City road network.
The City currently has several future corridor projects which are designed to provide
better access between Kent's east hill, valley floor, and west hill areas. In addition,
these corridors will help slow additional congestion on existing east-west arterials.
ECONOMIC DEVELOPMENT ELEMENT
Goal ED-2: Maintain a strong policy toward balanced community development.
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Policv ED-2.1: Encourage home ownership to foster stakeholders in
the community.
Policy ED-2.3: Encourage new housing development to locate closer
to existing public services.
Planning Department Comment
The proposed preliminary plat will provide twenty-two additional single family home
ownership opportunities in the City of Kent. This can help foster a sense of'
community as well as increase neighborhood stability. Locating new development
near existing community services drastically reduces the amount of money necessary
to provide those services, and therefore funds can be directed towards other projects.
B. STANDARDS FOR GRANTING A SUBDIVISION
The purpose of the City of Kent Subdivision Code is to provide rules, regulations,
requirements, and standards for subdividing land in the City of Kent, insuring that
the highest feasible quality in subdivision will be attained; that the public health,
safety, general welfare, and aesthetics of the City of Kent shall be promoted and
protected; that orderly growth, development, and the conservation, protection and
proper use of land shall be insured: that proper provisions for all public facilities
(including circulation,utilities, and services) shall be made;that maximum advantage
of site characteristics shall be taken into consideration; that conformance with
provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan
shall be insured.
Planning Department Comment
The proposed plat is in general conformance with the regulations of the Subdivision
Code. The Subdivision Code calls for right-of-way widths for cul-de-sacs to be 50
feet and the proposal is in compliance with this requirement. All proposed sewers,
water mains, and other utilities will comply with applicable City requirements. The
minimum lot size allowed for this subdivision is 5,700 square feet, and all proposed
lots meet or exceed this standard. The average size of the proposed lots is 6,304
square feet.
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C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS
Development on all lots in the proposed subdivision will be subject to Zoning Code
requirements for development in the SR 6, Single Family Residential zoning district.
Planning Department Comment
All proposed lots meet minimum lot size and width requirements.
D. PROPOSED FINDINGS
The Planning Department has reviewed this application in relation to the
Comprehensive Plan. proposed zoning, land use, street system, flood control
problems and comments from other departments and finds that:
1. The Kent Comprehensive Plan Land Use Map designates the site SF-6.
Single Family Residential, six units per acre maximum density.
2. The site is currently zoned SR-6, Single Family Residential with a 5,700
square foot minimum lot size. This project will be subject to the
development standards of the SR-6 zoning district.
3. Land uses in the immediate area are predominantly single family residential.
4. A Tentative Plat meeting was held for the proposed subdivision on
August 28, 1996 (#TSU-96-26).
5. A Mitigated Determination of Nonsignificance was issued for the plat on
January 24, 1997.
6. There are significant trees of six inch or greater caliper located on the
property.
7. The site has access to SE 98th Avenue South.
8. The subject property would receive sewer service from the City of Kent.
9. The subject property would receive water service from the City of Kent.
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Hillside Manor
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V. CITY STAFF RECOMMENDATION
Upon review of the merits of this request and the Code criteria for granting a preliminary
subdivision, staff recommends APPROVAL of the proposed Hillside Manor subdivision
with the following conditions:
A. GENERAL CONDITIONS OF APPROVAL:
1. The owner/subdivider shall comply with all applicable conditions of the
Determination of Nonsigniftcance for #ENV-96-85 for the HILLSIDE
MANOR SUBDIVISION.
2. Prior to a recommendation for preliminary plat approval by the Department
of Public Works,the Owner/Subdivider must submit and receive approval for
preliminary drainage plans for this plat.
B. PRIOR TO RECORDING THIS SUBDIVISION:
1. Unless otherwise provided for in a previous deed,the Owner/Subdivider shall
quit-claim deed and/or dedicate sufficient right-of-way, across the entire
property frontage, for the construction of 98th Avenue South to City
Standards for a Residential Collector street,minimum half-street right-of-way
width of 30 feet. This deed of right-of-way shall be provided based upon a
survey to be performed by a licensed land surveyor of the subject property.
98th Avenue South, and adjacent affected properties, and shall clearly
delineate the existing public right-of-way, property lines, curb lines, paving
limits, and other public and private improvements. This right-of-way
dedication shall include sufficient property to construct 35-foot radius curb
return tangent to the new curb lines on 98th Avenue South and the plat street.
2. The Owner/Subdivider shall dedicate sufficient right-of-way for the
construction of 96th Place South (the north-south portion of the plat street)
and South 245th Place to City Standards for a Residential Street, typical
right-of-way width of 49 feet. This deed of right-of-way shall be provided
based upon a survey to be performed by a licensed land surveyor of the
subject property, 98th Avenue South. and adjacent affected properties, and
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Hillside Manor
#SU-96-26
shall clearly delineate the existing public right-of-way, property lines. curb
lines, paving limits, and other public and private improvements.
This right-of-way dedication shall include sufficient property to construct a
'knuckle' meeting City Standards at the intersection 96th Place South and
South 245th Place.
3. The Owner/Subdivider shall acquire and dedicate sufficient right-of way
from the adjoining properties to construct the transitions to the fronting
roadway improvements on 98th Avenue South, or provide suitable financial
guarantees, acceptable to the Public Works Director, to allow the Cite to
purchase the necessary right-of-way and construct the improvements.
4. The Owner/Subdivider shall acquire and grant an easement for the proposed
temporary turnaround at the northerly terminus of 96th Place South. The
minimum radius of this temporary turnaround shall be 45-feet at edge of
paving.
5. The Owner/Subdivider shall grant 26-foot wide common access tracts, per
Citv Standards for a Residential Access Road and modified as necessary to
provide an emergency vehicle turnaround meeting the requirements of the
Fire Marshal for the following:
a. Access Tract 1: Lots 9 through 12
b. Access Tract 2: Lots li through 16
C. Access Tract 3: Lots 17 through 20
6. The Owner/Subdivider shall receive approval of engineering drawings
submitted for review and approval by the City, and either construct or bond
for the following:
a. A gravity sanitary sewer system to serve all lots. The sanitary sewer
shall be extended to the subject property along the alignment of 96th
Avenue South from the existing system located within South 248th
Street, unless otherwise approved by the Public Works Director to
connect to the existing sewer system to the north of the site.
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Approval of this alternative will require the applicant to prepare a
detailed engineering analysis of the downstream system to verify that
adequate capacity exists to serve the subject property and all off-site
properties within the same service area.
b. A water system meeting domestic and fire flow requirements for all
lots. The line shall be extended/looped from 98th Avenue South to
tie-into the existing 8 inch water main in 96th Avenue South at the
intersection of South 246th Street. The water system main shall also
be extended to the northerly subdivision boundary from the
intersection of the plat street at 96th Avenue South.
C. A storm drainage system meeting applicable standards for
conveyance, detention, and water quality treatment. Off-site
conveyance shall be sized to accommodate the 100-year, 24-hour
peak future drainage rate for the drainage basin. The minimum
detention and release standards to be met for this project shall be that
for the Citv of Kent Hill standards. Unless approved otherwise by the
Public Works Director, the public retention/detention facility shall be
an open pond with no interior slopes being steeper than 1:1
(Horizontal : Vertical), unless the Owner/Subdivider provides a
geotechnical report with the Preliminary Drainage Plans which
indicates a stability problem with an open pond facility.
(1) Unless the Owner/Subdivider submits a drainage plan
significantly different than what was submitted prior to the
application for this subdivision,the Owner/Subdivider may be
required to make extensive off-site improvements. In
addition, the Owner/Subdivider will also have to obtain
public stormwater easements, if necessary, for any portion of
the downstream conveyance system to Mill Creek which is
outside of existing City right-of-way or City drainage
easements.
(2) The final Detailed Drainage Plan and Report will clearly
identify the existing and future capacity of each existing link
in the drainage system for the required downstream analysis.
The downstream analysis for this development will include an
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Hillside Manor
#SU-96-26
analysis for capacity, erosion potential, and water quality
from the point of discharge from the site downstream a
distance of at least one quarter mile. or to the point where
stormwater discharges to Mill Creek, whichever is further.
Should the downstream capacity be insufficient to convey the
25-year, 24-hour peak flow rate for future conditions. the
Owner/Subdivider shall either provide necessary off-site
conveyance improvements (and easements where necessary),
OR further detain/retain stormwater and restrict the release
rate of stormwater to ensure that the capacity of the existing
conveyance system will not be exceeded at the time of full
build-out in the drainage basin, or some combination of these
methods. Similarly. should the existing erosion/siltation
problem at Mill Creek be exacerbated by the proposed release
conditions, then the Owner/Subdivider will have to further
restrict the release of stormwater from this development. OR
provide adequate off-site mitigation at the discharge point to
Mill Creek.
(3) The Detailed Drainage Plans and Report for the plat will
clearly show the proposed conveyance route from the
subdivision to Mill Creek, the required off-site conveyance
improvements that will be constructed as part of this project,
and the new public drainage easements, if any, that will be
provided by the Owner/Subdivider to use this route. If this
route passes through an existing detention system, the
Owner/Subdivider shall provide a level-pool analysis, routing
the 100-vear. 24-hour design storm through the off-site pond
to identify any potential adverse impacts on that pond.
(4) Each house and garage shall be directed to Roof Downspout
Infiltration Trenches meeting requirements of the Department
of Public Works including overflow pipes that shall be
connected to an approved conveyance system. The following
requirement shall be stated on the face of the final plat:
AS A CONDITION OF BUILDING PERMIT ISSUANCE,
RESIDENCES CONSTRUCTED ON LOTS OF THIS
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SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION TRENCH SYSTEMS PER DETAILS
SHOWN ON THE APPROVED STORMWATER
DRAINAGE PLANS.
(5) The Owner/Subdivider shall submit a Landscape Plan for
within and surrounding the retention/detention facility (if a
pond only) to the Kent Planning Department and the
Department of Public Works for concurrent revie,,y and
approval prior to approval of the Detailed Drainage Plans.
(6) Surface water runoff from the developed subdivision along
the west and south edges of the plat shall be intercepted and
conveyed into the storm drainage system to avoid off-site
impacts. The interception drainage system shall be within an
approved drainage tract, or as otherwise approved by the
City. Construction of swales. ditches, or similar
improvements within easements on private lots will not be
acceptable to meet this requirement.
(7) The Owner/Subdivider shall construct an open-to-the-air
stormwater treatment system in accordance with Kent
Construction Standards to mitigate for potential impacts to
stormwater runoff quality. Acceptable stormwater treatment
facilities meeting this requirement in their preferred order
include: infiltration after pretreatment (it is the only
alternative which captures all pollutants from the design
storm); biofiltration swales; wet ponds; extended detention
ponds; and created «etlands.
(8) The stormwater treatment system shall be within the approved
retention/detention facility tract. Easements for biofiltration
swales across private lots will not be acceptable to meet this
requirement.
(9) The Owner/Applicant has not submitted evidence to support
the fact that an infiltration facility is not feasible. Unless the
Owner/Applicant provides evidence refuting the feasibility of
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Hillside Manor
#SU-96-26
infiltration for this subdivision in the Detailed Drainage Plan
and Report, an infiltration retention pond shall be required
and constructed for this subdivision. This will result in the
loss of one or more lots for the final plat.
d. The Owner/Subdivider shall grade for streets, storm drainage,utilities
and for house pads for all lots. Grading Plans and Temporary
Erosion/Sedimentation Control Plans shall meet the requirements of
the City of Kent Construction Standards.
e. The Owner/Subdivider shall construct the plat streets (96th Place
South and South 245th Place) to City Standards for a Residential
Street, including a 32-foot wide paved roadway; concrete curbs and
gutters; five [5]-foot wide concrete sidewalks on both sides of the
street; a City-owned street lighting system; storm drainage: street
channelization; utilities and appurtenances, and 35-foot radius curb
returns at the intersections of the South 245th Place and 98th Avenue
South.
The Owner/Subdivider shall install a permanent sign (i.e. 0.080 inch
aluminum sign blank, with 3M-brand 'High Intensity' grade sheeting)
mounted with tamper/vandal-resistant hardware on at least two
locations at the northerly subdivision boundary on 96th Place South.
These signs shall carry the following message:
P UBLIC No TICF.
96th Place South is temporarily dead-ended at this barricade, and is
required to be extended northerly upon future development.
Contact Ciry of Kent Public Works Department Works Department
at 859-3383 for further information.
f. The Owner/Subdivider shall construct three 24-foot wide paved Private
Access Tract roadways and including on-site paved hammerhead
turnarounds meeting the requirements of the Fire Marshal, if determined
necessary, at the following locations:
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#SU-96-26
(1) Access Tract 1: Lots 9 through 12
(2) Access Tract 2: Lots 13 through 16
(3) Access Tract 3: Lots 17 through 20
g. The Owner/Subdivider shall construct the off-site roadway improvements
identified in the SEPA DNS issued for the plat (ENV 96-89), as well as
the following frontage improvements along 98th Avenue South: .
(1) A widening/improvement of 98th Avenue South across the entire
plat frontage. This widened street shall include an additional 15-
foot wide strip deeded to the City of Kent across the entire
easterly plat frontage, for the widening of 98th Avenue South to
City Standards for a Residential Collector roadway, for a total
half-street right-of-way of width of 30 feet. The improvements
shall include an 18-foot wide half street improvement on the
westerly side of 98th Avenue South: including and engineered
pavement section: concrete curbs and gutters: 5-foot wide cement
concrete sidewalk: a City-owned street lighting system;
landscaping; storm drainage: street channel ization; utilities and
appurtenances.
If it is determined through a City-approved pavement analysis and
design prepared by the developer's engineer that all or any
portions of the existing 98th Ave pavement and subgrade are
structurally sound. and may remain in place, then the following
measures shall be taken as a minimum to insure proper
construction of the roadway in accordance with the City's
pavement design standards. The edge of the existing pavement
shall be saw-cut at least one (1) foot (or more, at the sole
discretion of the Director of Public Works, based upon the
condition of the existing roadway pavement) inside the existing
edge of pavement. After placement of the new structural section,
the joint between the new pavement and saw-cut line shall be
sealed. Finally, these owner/subdivider shall be responsible for
a minimum 1.5 inch deep (after the pre-level course) asphalt
concrete overlay of the entire dull-width of the existing roadway
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Hillside Manor
#SU-96-26
pavement through the widened area, as necessary. to provide a 2
percent crown section across the pavement; and as necessary to
meet City Standards for roadway pavement sections appropriate
to the roadway's functional classification
These improvements shall also include sufficient pavement on the
easterly side of the roadway centerline to provide a minimum 12-
foot wide northbound lane across the entire frontage of the plat
and necessary pavement transitions to the existing portions of
98th Avenue South to the north and south of the plat.
In addition. the Owner/Subdivider shall install "No Parking"
signs across the entire subdivision frontage on 98th Avenue
South.
7. The Owner/Subdivider shall dedicate all necessary public right-of-way for the
improvements listed in this section, and provide all public and private easements
necessary for the construction, operation, and maintenance of the required
improvements identified in this section.
C. PRIOR TO ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THE HILLSIDE
MANOR SUBDIVISION THE OWNER/SUBDIVIDER SHALL:
1. Construct all improvements required in Sections A & B, above.
2. The Owner/Subdivider shall receive approval for Detailed Grading Plans AND
Temporary Erosion and Sediment Control Plans in conformance to the City
Construction Standards submitted to the Department of Public Works for review
and approval.
3. The Owner/Subdivider shall receive approval of As-built drainage plans for the
entire site prepared by a land surveyor licensed by the State of Washington.
4. The subdivider shall implement all mitigation measures required by the
Determination of Nonsignificance for SEPA checklist 9ENV-96-89 for the
Hillside Manor Subdivision.
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Hillside Manor
#SU-96-26
5. The owner/subdivider shall submit a Detailed Tree Plan for the general site, for
the roadway, and for all individual lots showing all trees six inches in diameter
or greater, and their relationship to any proposed structures. This plan must be
approved by the Kent Planning and Public Works Departments prior to approval
and construction of the final roadway design and prior to the issuance of a
development permit or any grade and fill permit for any lot. No trees of six inch
caliper or greater shall be removed from any lot except through a tree plan
approved by the Kent Planning Department.
6. Dedicate five percent (5%) of the total plat area being developed as open space
park land or pay a voluntary fee in lieu of dedication as set forth in Ordinance
No. 2975.
KENT PLANNING DEPARTMENT
March 4, 1997
U:ACHRIS\SU9626.RPT
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NUMBER: #SU-96-26 DATE: March 19, 1997
REQUEST: Preliminary Plat LEGEND A
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APPLICATION NAME: Hillside Manor
NUMBER: #SU-96-26 DATE: March 19, 1997
REQUEST: Preliminary Plat LEGEND A
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Kent City Council Meeting
Date May 20, 1997
Category Other Business
1. SUBJECT: SINGH PRELIMINARY PLAT SU-96-28 - APPROVAL
2 . SUMMARY STATEMENT: This date has been set to consider the
Hearing Examiner' s recommendation for conditional approval of
an application by Shupe Holmberg, agent for H. Singh and S.
Ram, for a 2-lot single family residential preliminary
subdivision. This plat is . 96 acres in size and is located on .
the south side of SE 244th Street, approximately 600 feet east
of 104th Avenue SE.
3 . EXHIBITS: Staff report, Findings and Recommendations, and
preliminary plat map
4 . RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to e reject/modify the Findings of the Hearing Examiner,
and to do reject/modify the Hearing Examiner's
recommendation of approval of Singh Preliminary Plat.
DISCUSSION: ` YLQ
ACTION: -J126- �
Council Agenda
Item No. 4B
CITY OF J r1a
Jim White, Mayor
Planning Department (206)859-3390/FAX(206) 850-2544
James P. Harris, Planning Director
OFFICE OF THE LAND USE HEARING EXAMINER
(206) 859-3390 Theodore P. Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: SINGH 4SU-96-28
APPLICANT: Shupe Holmberg, agent for H. Singh and S. Ram.
REQUEST: A request to subdivide .96 acres into two residential lots (area was previously
short platted within the past five years).
LOCATION: The property is located on the south side of SE 244th Street, approximately
600 feet east of 104th Avenue SE.
APPLICATION FILED: December 12. 1996
DETERMINATION OF
NONSIGNIFICANCE ISSUED: January 15, 1997
MEETING DATE: March 19, 1997
RECOMMENDATION ISSUED: April 2, 1997
RECOMMENDATION: APPROVAL WITH CONDITIONS
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department
PUBLIC TESTIMONY: Shupe Holmberg, applicant
WRITTEN TESTIMONY: None
EXHIBITS: 1. Hearing Examiner file containing the application, the
staff report and the public notice.
I
220 4(h AVE.SO. i KENT WASHINGTON 98032-58951 TELEPHONE 1'_06)859-33001 FAX a 859-3334
Hearing Examiner Findings and Recommendation
Singh
SU-96-28
INTRODUCTION
After due consideration of all the evidence presented at public hearing on the date indicated above,
and following an unaccompanied personal inspection of the subject property and surrounding area
by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions
and recommendation are entered by the Hearing Examiner on this application.
SUMMARY OF PROCEDURE
A public hearing was held on March 19, 1997, in the City of Kent Council Chambers. All present
were given an opportunity to testify and present evidence. No testimony other than the city and
applicant was presented.
The record is now closed and the Hearings Examiner is required to issue Findings and Conclusions
within 10 days of the close of the record based on information provided to him.
FINDINGS
1. The owners of the property proposed for the preliminary plat are Hardeep Singh and
Santockh Ram of Burien, Washington. Exhibit 1, Application. The applicant was represented
at the public hearing by Mr. Shupe Holmberg.
2. The property proposed for subdivision is located on the south side of SE 244th Street,
approximately 600 feet east of 104th Avenue SE. Exhibit 1, Staff report.
3. The property is .96 acres in size. The applicant proposes to subdivide the property into two
residential lots with the smallest lot of 12.068 square feet. The proposed site to be subdivided
was itself part of a 3-lot short plat filed in 1994 (Benson Short Plat, SP-94-4). According to
Kent's Subdivision Code, section 12.04.290, any land subdivided under the requirements for
short subdivision may not be further subdivided for a period of five (5) years without
following the procedures for preliminary plats. The applicant submitted a site plan dated
August 20, 1996, that shows all lots in conformance with minimum lot size requirements.
Exhibit 1, Staff report, Site Plan.
4. The property is zoned SR-3 with a 9,600 square foot minimum lot size. The Comprehensive
Plan Land Use Map designates the property as SF-3, Single Family Residential with a
maximum of three dwelling units per acre. Exhibit 1, Staff report.
5. Land use around the property proposed for subdivision is primarily single family residential.
Properties to the north,east, and west are developed with single family residences, while the
site to the South is the future location of a Kent community park. Exhibit 1, Staff report.
Hearing Examiner Findings and Recommendation
Singh
SU-96-28
6. The environmental review for this application resulted in a conclusion by the City's
Responsible Official that the project has no probable significant adverse impacts on the
environment that cannot be mitigated. A final Mitigated Determination of Nonsignificance
(MDNS) was issued for the proposed subdivision on January 15, 1997 pursuant to the State
Environmental Policy Act. It was not appealed by the applicant or any citizen. The
conditions of mitigation primarily address traffic impacts and associated needs for street
improvement. Exhibit 1, MDNS.
7. The site is relatively flat except for the southwest corner of the property which has a slope
of approximately 10 percent. Some large deciduous and evergreen trees exist on the site.
Exhibit 1, Staff report.
8. Storm Drainage from the subject property will be discharged to the public stormwater system
along SE 248th Street. No streams, creeks, or wetlands are known to exist on the site.
Exhibit 1, Staff report.
9. The site would be accessed off of SE 244th Street which is classified as a 3-lane collector.
The street has a public right-of-way of 60 feet and a paved width of 22 feet. The traffic
impacts from the proposed development would be incremental but cumulatively significant..
The conditions proposed below should adequately mitigate these impacts. Exhibit 1, Staff
report.
10. The City of Kent water system and sanitary sewer system can be extended to each lot.
Exhibit 1, Staff report.
11. Public notice of this application was given by posting, publication and mailing. Exhibit 1,
Affidavits of Harris.
12. At the public hearing on September 4, the Planning Department recommended approval of
this application subject to specific conditions. Exhibit 1, Staff report.
CONCLUSIONS
Jurisdiction
I. The Hearing Examiner has jurisdiction to hold a public hearing on this application; to
consider all evidence presented at the public hearing; and, based on that evidence, to present
a recommendation to the City Council to approve, disapprove or approve with conditions the
preliminary plat application. KCC 12.04.360, KC(-' 2.32.090.
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Hearing Examiner Findings and Recommendation
Singh
SU-96-28
2. Notice of the public hearing on this application was properly given in accordance with
applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC
12.04.360. Finding of Fact No. 11.
Criteria for Decision
1. The recommendation of the Hearing Examiner must be supported by the evidence presented,
as stated in the Findings of Fact of this recommendation, and must be consistent with the
standards and criteria for review specified in state statutes and city ordinances. The standards
and criteria for review of preliminary plat applications are found in Chapter 12.04 of the
Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW).
These review criteria include:
(a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations
is to:
provide rules, regulations, requirements, and standards for
subdividing land in the City of Kent, ensuring that the highest
feasible quality in subdivision will be attained. that the public health,
safety, general welfare, and aesthetics of the City of Kent shall be
promoted and protected; that orderly growth, development, and the
conservation, protection and proper use of land shall be ensured. that
proper provisions for all public facilities (including circulation,
utilities, and services) shall be made; that maximum advantage of site
characteristics shall be taken into consideration; and that conformance
with provisions set forth in the City of Kent Zoning Code and Kent
Comprehensive Plans shall be ensured.
(b) KCC 12.04.330 which specifies eight requirements that must be shown on the
preliminary plat map including appropriate names and dates, proposed platted property lines,
contours and elevations, proposed public service areas, square footage calculations for
developed and open space, dimensions of each lot, statements of soil type and drainage
conditions, a description of existing land cover, and a description of wildlife present.
(c) KCC 12.04.370 which requires a written statement from the Seattle-King County health
department as to the general adequacy of the proposed means of sewage disposal and water
supply.
(d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable
environmental amenities so that urban development may be as compatible as possible with
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Hearing Examiner Findings and Recommendation
Singh
SU-96-28
the ecological balance of the area including preservation of drainage patterns, protection of
ground water supply, prevention of erosion and preservation of trees and natural vegetation.
(e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a
proper drainage plan and a proper water distribution system.
(f) KCC 12.04.450 which requires due consideration to the allocation of public service usage
areas and due regard for all natural features including large trees, water courses, historical
spots and other community assets that would add attractiveness and value to the property.
(g) KCC 12.04.490 which provides for mitigation of any adverse effects of development
upon the existing park and recreational facilities in the City of Kent.
(h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to
be served by the subdivision and a determination "that appropriate provisions are made for
public health, safety and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks
and recreation, playgrounds, schools and schoolgrounds and all other relevant facts,
including sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school."
Conclusion Based on Findings
1. Based on the Findings of Fact specified above, and with the specific conditions
recommended below, the Examiner concludes that this preliminary plat application is
consistent with the standards and criteria of applicable state statutes and city ordinances and
should be approved. Findings of Fact No. 345, . 4,9,10 & 12.
RECOMMENDATION
The Hearing Examiner recommends that this preliminary plat application be APPROVED subject
to the following conditions:
A. CONDITIONS OF APPROVAL:
1. The owner/subdivider shall implement mitigation measures required by the Mitigated
Determination of Nonsignificance (#ENV-96-87) for the Singh subdivision.
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Hearing Examiner Findings and Recommendation
Singh
SU-96-28
B. PRIOR TO RECORDATION OF THE SUBDIVISION:
1. The owner/subdivider shall execute a new environmental mitigation agreement to
participate in, and pay a fair share of the construction costs of the City's South
272nd/277th Street Corridor Project. The minimum benefit to the owner/subdivider
is estimated at $1068 based upon 1 new trip and the capacity of the South
272nd/277th Street Corridor. The final benefit value will be determined based upon
the number of lots approved upon the final plat multiplied times $1,068 ( in 1986
dollars ) and as adjusted for inflation.
2. The owner/subdivider shall execute Declaration of Stormwater Maintenance
Covenants prepared by the City of Kent Property Management Section for the two
lots created by this subdivision.
3. The owner/subdivider shall receive approval by the City for submitted engineering
drawings, and either construct or bond for the following:
a. A gravity sanitary sewer system to serve all lots. (Any existing septic tanks
must be abandoned by a licensed septic system installer.)
b. A water system meeting domestic and fire flow requirements for all lots.
(Any wells must be abandoned according to Department of Ecology
standards.)
C. A private road and stormwater drainage system for the private road meeting
the requirements of the Kent Construction Standards. Detailed Drainage
Plans shall include the design of Roof Downspout Infiltration Trenches and
a new roadside biofiltration swale meeting the requirements of the
Construction Standards. Roof downspouts for each building shall be directed
to Roof Downspout Infiltration Trenches meeting the requirements of the
Stormwater Management Manual for the Puget Sound Basin, except that
overflow pipes shall be connected to the new roadside biofiltration Swale.
The following note shall be contained on the face of the final plat:
AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES
CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE
ROOF DOWNSPOUT INFILTRATION TRENCH SYSTEMS PER
DETAILS SHOWN ON THE APPROVED STORMWATER PLANS.
i. An on-site detention/retention pond system is not required unless a
Building Permit indicates the creation of more than 5,000 square feet
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Hearing Examiner Findings and Recommendation
Singh
SU-96-28
of impervious surface. Should detention/retention be required at the
time of Building Permit issuance, the detention/retention storage
volume and release criteria shall be that for the Hills, and the pre-
development condition shall be assumed to be grass unless otherwise
determined by the Director.
ii. The required downstream analysis for this development was
completed for the original Benson Short Plat, and the creation of one
lot will not require a new assessment of downstream conditions.
iii. This project will require a new stormwater treatment system in
accordance with Kent Construction Standards to mitigate for potential
impacts to stormwater runoff quality because the existing biofiltration
Swale does not meet current standards. A revised biofiltration swale
extending all the way to SE 244th Street is required for this
development.
iv. The biofiltration Swale shall either be within the approved roadway
easement, or the owner/ subdivider shall provide a new drainage
easement of such width that the easement will contain the
biofiltration swale.
d. A Detailed Grading Plan for the subdivision which includes provisions for
utilities, the private roadway including the biofiltration Swale, and a building
footpad for each lot, and which is designed to eliminate the need for
processing individual Grading Permits upon application for Building Permits.
e. A Detailed Tree Plan shall be submitted to the Planning Department for
review and approval. Grading Plans can not be approved without an
approved Detailed Tree Plan.
f. A Temporary Erosion/Sedimentation Plan for the entire subdivision which
reflects the Detailed Grading Plan discussed above.
g. An extension of the existing private road, paved with asphaltic concrete.
These improvements shall include a turnaround meeting City Standards for
fire vehicle, if determined to be necessary by the City Fire Marshal.
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Hearing Examiner Findings and Recommendation
Singh
SU-96-28
5. The owner/subdivider shall deed all necessary public right-of-way for the
improvements listed in Section A above, and provide all public and private
easements necessary for the construction:. operation, and maintenance of the required
improvements identified in Section A.
C. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF-ANY BUILDING
PERMIT ON ANY LOT IN THE SINGH SUBDIVISION:
1. The owner/subdivider shall construct the improvements noted in Section A.
2. The owner/subdivider shall submit detailed Grading Plans AND Temporary Erosion
and Sediment Control Plans in conformance to the City Construction Standards to
the Department of Public Works for review and approval prior to any on-site work.
3. The owner/subdivider shall provide a copy of a Tree Retention Plan to the Kent
Planning Department and to the Department of Public Works for concurrent review
and approval prior to issuance of approved Grading and Temporary
Eros ion/Sedimentation Control Plans.
Dated this 2nd day of April, 1997.
THEODORE AUL H ER
Hearing Examiner
APPEAL FROM HEARING EXAMINER RECOMMENDATION
ORDINANCE 3320 (excerpt): The action of the city council, approving, modifying, or rejecting
a recommendation or decision of the hearing examiner, shall be final and conclusive, unless within
twenty-one (21) calendar days of the city council action, an appeal is filed with the Superior Court.
8
WTUI�BIT
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a
Jim White, Mavor
Planning Department (206)859-3390/FAX(206) 850-2544
James P. Harris, Planning Director
PLANNING DEPARTMENT
(206) 859-3390
STAFF REPORT FOR
HEARING EXAMINER MEETING OF
MARCH 19, 1997 2:00 PM
FILE NO.: SINGH PRELIMINARY PLAT 9SU-96-28
APPLICANT: Shupe Holmberg (Agent for H. Singh and S. Ram)
REQUEST: A request to subdivide .96 acres into two residential
lots (area was previously short-platted within the
past five years)
STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Manager
STAFF RECOMMENDATION: APPROVAL, with conditions
1. GENERAL INFORMATION
A. Description of the Proposal
The applicant proposes to subdivide .96 acres of property into two residential lots.
The proposed site to be subdivided was itself part of a 3-lot short plat filed in 1994
(Benson Short Plat. #SP-94-4). According to Kent's Subdivision Code. Section
12.04.290. anv land subdivided under the requirements for short subdivision may not
be further subdivided for a period of five (5)years without following the procedures
for preliminary plats.
B. Location
The subject property is located on the south side of SE 244th Street, approximately
600 feet east of 104th Avenue SE.
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2204th AVE.SO_ l KENT.NASHINGTON Yw",'_-S89s i TELEPHONE t2061854-3 001I AA n 859-114
Staff Report
Singh
#SU-96-28
C. Size of Property
The subject site proposed for subdivision is .96 acres in size.
D. Zonin
The subject property is zoned SR-3, Single Family Residential. The minimum lot
size requirement in the SR-3 zone is 9600 sq. ft., and the maximum permitted density
is three (3) units per acre. Zoning on all abutting properties is also SR-3. Across
SE 244th Street to the northwest is Community Commercial (CC) zoning.
E. Land Use
The subject site is undeveloped and is located in a low density, single family
residential area. Properties to the north, east and west are developed with single
family residences while the site to the south is the future location of a Kent
community park.
F. History
The subject property was part of a 410 acres annexed to the City of Kent on April '-)1,
1987 through Ordinance 42721 (East Hill Well 92).
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A final Mitigated Determination of Nonsignificance (MDNS #ENV-96-87) for the
preliminary plat was issued on January 15. 1997,with conditions. The MDNS is part
of the record for the preliminary plat.
B. Significant Physical Features
1. Topography and Vegetation
The site is relatively flat except for the southwest corner of the property
which has a slope of approximately 10 percent. Some large deciduous and
evergreen trees exist of the site.
Staff Report
Singh
#SU-96-28
2. Drainage
Storm drainage from the subject property will be discharged to the public
stormwater system along SE 248th Street. No streams, creeks, or wetlands
are known to exist on the site.
C. Significant Social Features
1. Street System
The subject property has access to SE 244th Street which is classified as a S
lane collector. The street has a public right-of-way width of 60 feet while the
actual width of paving is 22-feet. The street is improved with asphalt paving.
The average daily traffic count on the street is estimated to be less than 5000
vehicle trips per day.
Upon reviewing the development plan/subdivision map for the proposed plat
development, it has been determined that the proposed development will
cause incremental but cumulatively significant, additional impacts to the
regional and local transportation systems -- demonstrated, in part. as
additional traffic congestion at the following intersections:
104th Avenue Southeast at Southeast 244th Street
116th Avenue Southeast at Southeast 244th Street
104th Avenue Southeast at Southeast 240th Street
2. Water and Sanitary Sewer Systems
There is an existing 8-inch water main located along SE 244th Street.
Sanitary sewer will have to be extended to the property and will serve the
new lots.
3. Stormwater Svstem
No on-site drainage detention system exists on the property but conditions are
proposed as part of this approval which address drainage impacts of the
private access road and rooftops.
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Singh
#SU-96-28
4. LID's
None.
5. Parks
The subject site is located in the vicinity of East Hill Park at 109th Avenue
SE and SE 248th Street.
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of this application:
Department of Operations King County Parks, Planning & Resource
City Attorney Department
Fire Chief Puget Sound Power & Light
City Clerk Seattle-King County Health Department
Chief of Police U.S. West Communications
Development Services U.S. Postmaster
Fire Prevention Washington Natural Gas Company
Director of Public Works Washington State Department of
Parks and Recreation Director Transportation
Kent School District
In addition to the above, all persons owning property which lies within 300 feet of the site
were notified of the application and the public hearing.
Staff comments have been incorporated into the staff report where applicable.
IV. PLANNING DEPARTMENT REVIEW
A. Comprehensive Plan
In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which
represented a complete revision of the City's 1977 comprehensive plan. The 1995
plan was prepared under the provisions of the Washington State Growth
Management Act. The Comprehensive Plan, through its goals and policies, presents
a clear expression of the City's vision of' growth for citizens, the development
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Staff Report
Singh
#SU-96-28
community, and other public agencies. The plan is used by the Mayor, City Council.
Land Use and Planning Board, Hearing Examiner, and City departments to guide
decisions on amendments to the City's zoning code and other development
regulations, which must be consistent with the plan, and also to guide decisions
regarding funding and location of capital improvement projects. The Land Use
Element of the plan contains a Land Use Plan Map which designates the type and
intensity of land uses throughout the City. as well as in the entire potential
annexation area.
Kent's GMA Comprehensive Plan designates the subject site as Single Family
Residential,three units per acre (SF-3)maximum. The proposed project is consistent
with this designation. The proposed plat also directly supports Goals LU-9, H-1, and
H-2 which encourage a variety of housing types, options, and densities, that are
accessible to transportation and sensitive to the environment.
B. STANDARDS FOR GRANTING SUBDIVISION APPROVAL
The purpose of the City of Kent Subdivision Code is to provide rules, regulations,
requirements,and standards for subdividing land in the City, insuring that the highest
feasible quality in subdivision will be attained. that the public health, safety, general
welfare and aesthetics of the City of Kent shall be promoted and protected: that
orderly growth,development,and the conservation,protection and proper use of land
shall be insured: that proper provisions for all public facilities (including circulation,
utilities. and services) shall be made: that maximum advantage of site characteristics
shall be taken into consideration, that conformance with provisions set forth in the
City of Kent Zoning Code and Comprehensive Plan shall be insured.
Planning Department Comment
Additional incremental.but cumulatively significant, impacts will be created to water
quality, storm water detention and conveyance facilities, utility transmission
facilities, sanitary sewerage and domestic water conveyance systems
Compliance with City of Kent's 'Public Works Ordinance' and the State of
Washington's Growth Management Act will require concurrent improvement -- or
the execution of binding agreements by the subdivider with the City of Kent, for
participation in future improvement projects -- of roadway, intersection and
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Staff Report
Singh
9SU-96-28
intersection signalization, storm water detention,treatment, and conveyance, utilit),
sanitary sewerage, and domestic water, systems.
With the recommended conditions of approval of this subdivision and the conditions
of the Mitigated Determination of Nonsignificance, the proposed plat is in general
conformance with the purposes of the Kent Subdivision Code.
C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS
The subject property is zoned SR-3, Single Family Residential.
Planning Department Comment
The proposed lots comply with the lot size and width requirements of the SR-3
zoning district. Also,the proposal is within the maximum permitted density allowed
in the SR-3 zone. Future development of the lots shall comply with the development
and density limits of this district. Development of this property is also subject to the
tree preservation and solar protection requirements, KCC Section 15.08.240 and
Section 15.08.234. respectively. Given the relatively large size of the lots - i.e.,
12.000+sq. ft. - and their rectangular shape, development of single family residences
appears very feasible.
D. PROPOSED FINDINGS
The Planning has reviewed this application in relation to the Comprehensive Plan,
zoning, street system, storm drainage issues, and comments from other departments
and finds that:
1. The GMA Comprehensive Plan designates the site SF-'). Single Family
Residential, three units/acre.
2. The site is currently zoned SR-3, Single Family Residential.
3. Land uses in the immediate area of the proposed subdivision are
predominantly low density, single family residential.
4. The site has access to SE 244th Street via a private access easement.
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Staff Report
Singh
#SU-96-28
5. All lots meet or exceed the required 9600 sq. ft. minimum lot size and. the
proposed number of lots do not exceed the maximum permitted density of the
SR-3 district.
6. The proposed lot will be served by City of Kent water and sewer utilities.
7. A Mitigated Determination of Nonsignificance was issued for the proposed
subdivision on January 15, 1997 (#ENV-96-87).
V. CITY STAFF RECOMMENDATION
Upon review of the merits of this request and the code criteria for granting approval of a
preliminary subdivision, the staff recommends APPROVAL of the proposed Singh
preliminary plat subject to the following conditions:
A. Conditions of approval:
1. The owner/subdivider shall implement mitigation measures required by the
Mitigated Determination of Nonsignificance (#ENV-96-87) for the Singh
subdivision.
B. Prior to recordation of the subdivision:
1. The owner/subdivider shall execute a new environmental mitigation
agreement to participate in, and pay a fair share of the construction costs of
the City's South 272nd/277th Street Corridor Project. The minimum benefit
to the owner/subdivider is estimated at $1068 based upon 1 new trip and the
capacity of the South 272nd/277th Street Corridor. The final benefit value
will be determined based upon the number of lots approved upon the final
plat multiplied times $1,068 1 in 1986 dollars ) and as adjusted for inflation.
2. The owner/subdivider shall execute Declaration of Stormwater Maintenance
Covenants prepared by the City of Kent Property Management Section for
the two lots created by this subdivision.
3. The owner/subdivider shall receive approval by the City for submitted
engineering drawings, and either construct or bond for the following:
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Staff Report
Singh
#SU-96-28
a. A gravity sanitary sewer system to serve all lots. (Any existing septic
tanks must be abandoned by a licensed septic system installer.)
b. A water system meeting domestic and fire flow requirements for all
lots. (Any wells must be abandoned according to Department of
Ecology standards.)
C. A private road and stormwater drainage system for the private road
meeting the requirements of the Kent Construction Standards.
Detailed Drainage Plans shall include the design of Roof Downspout
Infiltration Trenches and a new roadside biofiltration swale meeting
the requirements of the Construction Standards. Roof downspouts for
each building shall be directed to Roof Downspout Infiltration
Trenches meeting the requirements of the Stormwater Management
Manual for the Puget Sound Basin, except that overflow pipes shall
be connected to the new roadside biofiltration swale. The following
note shall be contained on the face of the final plat:
AS A CONDITION OF BUILDING PERMIT ISSUANCE,
RESIDENCES CONSTRUCTED ON LOTS OF THIS
SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT
INFILTRATION TRENCH SYSTEMS PER DETAILS SHOWN ON
THE APPROVED STORMWATER PLANS.
i. An on-site detentioniretention pond system is not required
unless a Building Permit indicates the creation of more than
5,000 square feet of impervious surface. Should detention/
retention be required at the time of Building Permit issuance,
the detention/retention storage volume and release criteria
shall be that for the Hills. and the pre-development condition
shall be assumed to be grass unless otherwise determined by
the Director.
ii. The required downstream analysis for this development was
completed for the original Benson Short Plat, and the creation
of one lot will not require a new assessment of downstream
conditions.
8
Staff Report
Singh
4SU-96-28
iii. This project will require a new stormwater treatment system
in accordance with Kent Construction Standards to mitigate
for potential impacts to stormwater runoff quality because the
existing biofiltration swale does not meet current standards.
A revised biofiltration swale extending all the way to SE
244th Street is required for this development.
iv. The biofiltration swale shall either be within the approved
roadway easement, or the owner/ subdivider shall provide a
new drainage easement of such width that the easement will
contain the biofiltration swale.
d. A Detailed Grading Plan for the subdivision which includes
provisions for utilities,the private roadway including the biofiltration
swale, and a building footpad for each lot, and which is designed to
eliminate the need for processing individual Grading Permits upon
application for Building Permits.
e. A Detailed Tree Plan shall be submitted to the Planning Department
for review and approval_ Grading Plans can not be approved without
an approved Detailed Tree Plan.
f. A Temporary Erosion/Sedimentation Plan for the entire subdivision
which reflects the Detailed Grading Plan discussed above.
g. An extension of the existing private road. paved with asphaltic
concrete. These improvements shall include a turnaround meeting
Citv Standards for fire vehicle. if determined to be necessary by the
City Fire Marshal.
5. The owner/subdivider shall deed all necessary public right-of-way for the
improvements listed in Section A above. and provide all public and private
easements necessary for the construction, operation, and maintenance of the
required improvements identified in Section A.
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Staff Report
Singh
#SU-96-28
B. Prior to or in conjunction with the issuance of any building permit on any lot in the
Singh subdivision:
1. The owner/subdivider shall construct the improvements noted in Section A.
2. The owner/subdivider shall submit detailed Grading Plans AND Temporary
Erosion and Sediment Control Plans in conformance to the City Construction
Standards to the Department of Public Works for review and approval prior
to any on-site work.
3. The owner/subdivider shall provide a copy of a Tree Retention Plan to the
Kent Planning Department and to the Department of Public Works for
concurrent review and approval prior to issuance of approved Grading and
Temporary Erosion/Sedimentation Control Plans.
KENT PLANNING DEPARTMENT
March 7. 1997
U:ACHRIS\SU9628.RPT
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APPLICATION NAME: Singh
NUMBER: #SU-96-28 DATE: March 19, 1997
REQUEST: Preliminary Plat LEGEND A
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Kent City Council Meeting
Date May 20, 1997
Category. Other Business
1. SUBJECT: CRIMINAL CODE AMENDMENTS - EMERGENCY ORDINANCE
2 . SUMMARY STATEMENT: RCW 39 . 34 . 180 requires cities such as
the City of Kent to prosecute all misdemeanor and gross mis-
demeanor offenses whether filed under state law or city
ordinance. This has resulted in the City' s inability to file
charges in the King County District Court for certain offenses
occurring within the City which constitute a violation under
state law, but not under the City' s criminal code. The pro-
posed emergency ordinance adopts numerous provision of the
Revised Code of Washington and repeals certain City criminal
code provisions that duplicate state provisions adopted in this
ordinance. The emergency ordinance would allow for immediate
enforcement of the ordinance. The adoption of this emergency
ordinance requires a unanimous vote of the City Council.
3 . EXHIBITS: Proposed ordinance
4 . RECOMMENDED BY: Considered by the Public Safety Committee held___
_prior to this council meeting -
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember Z& moves , Councilmember _seconds
to adopt ordinance No. , as an emergency ordinance amending
the Criminal Code and other related provisions.
DISCUSSION:
ACTION: ✓�� ��2�/5/F�
Council Agenda
Item No. 4C
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Chapter 9.02 of the Kent
City Code entitled "Penal Code" to update the same and
provide for a more comprehensive code by repealing and
amending certain sections contained therein and by adopting
by reference certain provisions of the Revised Code of
Washington; repealing certain sections of the Animal
Control Code, Chapter 8.03, which duplicates provisions of
the penal code; amending the traffic code Chapter 9.36 by
adding a new section; and declaring a public emergency
necessary for the protection of public health, safety,
property, and peace.
WHEREAS, recently y enacted RCW 39.34.180 requires cities such as the
City of Kent to prosecute all misdemeanor and gross misdemeanor offenses committed by
adults in their jurisdictions whether filed under state law or city ordinance; and
WHEREAS. by virtue of this law, the City is unable to file State
misdemeanor and gross misdemeanor charges in the King County District Court system
without entering into an interlocal agreement with the County for such services; and
I
WHEREAS,this has resulted in the City's inability to file charges for certain
offenses occurring within the City which constitute a violation under State law but not
under the City's criminal code: and
WHEREAS, the City Council desires to amend the City's criminal code by
adopting certain provisions of the Revised Code of Washington as set forth in Exhibit A
Criminal Code
to this ordinance, and to repeal and amend certain sections of the criminal-code in order to
provide for a more comprehensive code that will enable the City to file and prosecute
violations for offenses not now covered by the City's code. and
WHEREAS. RCW 35A.11.090 and RCW 35A.12.130 allow for the
adoption of emergency ordinances; and
WHEREAS, due to the potential inability to file charges for State offenses
occurring within the City of Kent, enactment of an emergency ordinance is appropriate and
necessary to allow for effective prosecution for offenses occurring within the City; and for
the health, safety, and welfare of the public; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.02 of the Kent City Code entitled "Penal Code" is
hereby amended by repealing and amending certain sections and by adopting by reference
certain provisions of the Revised Code of Washington as follows:
Chapter 9.02 Penal Criminal Code
II ofof,.___L orc:,� `
any
Sec 9 02 04 Criminal accountability - attempt The following sections of
Chapters 9A 08 and 9A 28 of the Revised Code of Washington (RCW), with the exception
of those provisions contained therein for which a violation constitutes a felony crime are
Ali herebv adopted by reference as currently enacted and as hereinafter amended from time to
time and shall be given the same force and effect as if set forth herein in full.
A. RCW 9A.08.020 Liability for conduct of another - complicity.
� ? Criminal Code
B. RCW 9A.28.020 Criminal attempt.
C. RCW 9A.28.030 Criminal solicitation.
D. RCW 9A.28.040 Criminal conspiracy.
eenstj iting the offense or tti4s or abets and eve"'
person itiding.
him.
the eaIrn-dission F that erime.
Sec. 9.02.12. Interfering with law enforcement. The following sections of
Chapters 9A 76 9A 80 and 9A 84 of the Revised Code of Washington (RCW), with the
i exce tion of those provisions contained therein for which a violation constitutes a felony
crime are herebv adopted by reference as currently enacted and as hereinafter amended
from time to time and shall be given the same force and effect as if set forth herein in full.
A. RCW 9A.76.010 Definitions.
B. RCW 9A.76.030 Refusing to ,ummon aid for a peace officer.
C. RCW 9A.76.0 40 Resisting arrest.
D. RCW 9A.76.050 Rendering criminal assistance - definition of term.
E. RCW 9A.76.060 Relative defined.
F. RCW 9A.76.070 Rendering criminal assistance in the first degree.
I I
G. RCW 9A.76.080 Renderingcriminal assistance in the second degree.
H. RCW 9A.76.090 Rendering criminal assistance in the third degree.
1. RCW 9A.76.100 Compounding,
Criminal Code
J. RCW 9A.76.160 Introducing contraband in the third degree.
K. RCW 9A.76.170 Bail jumping.
L. RCW 9A.76.175 Making a false or misleading statement to a public
servant.
M. RCW 9A.80.010 Official misconduct.
N. RCW 9A.84.040 False reporting.
Sec. 9.02.16. Obstructing public officers.
A. A person is guilty of obstructing a public officer if, with knowledge that the person
is a public officer. he or she:
1. Intentionally and physically interferes with a public officer;
2. Intentionally hinders or delays a public officer by disobeying an order to
stop given by such officer;
3. Intentionally refuses to cease an activity or behavior that creates a risk of
injury to any person when ordered to do so by a public officer;
4. Intentionally destroys, conceals or alters or attempts to destroy, conceal or
alter any material which he or she knows the public officer is attempting to
obtain, secure. or preserve during an investigation, search or arrest; or
5. Intentionally refuses to leave the scene of an investigation of a crime while
an investigation is in progress after being requested to leave by a public
officer.
6. Intentionally hinders or delays a public officer in the discharge of his or her
official duties by making any untrue or misleading statement. report or
identification.
B. No person shall be convicted of violating this section if the judge determines with
respect to the person charged with violating this section that the public officer is not
acting lawfully in a governmental function
C. For purposes of this section a public officer means those individuals responsible for
the enforcement of the provisions is of the Kent City Code and empowered to make
arrests or issue citations for violations f,._ et3 under the Code or those
4 Criminal Code
individuals responsible for the enforcement of the criminal laws of the state.
D. Obstructing a public officer is a gross misdemeanor.
Hindering
law enf&reewietW-
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Sec. 9.02.18. Escape.
A. Official detention means:
1. Restraint pursuant to a lawful arrest for an offense:
I Lawful confinement in the Kent Corrections Facility; or
3. Custody for purposes incident to the foregoing including but not necessarily
limited to:
a. Transportation:
5 Criminal Code
b. Medical diagnosis or treatment;
C. Court appearances; or
d. Work and recreation.
B. A person is guilty of escape if, without lawful authority he intentionally removes
himself from official detention or fails to return to official detention following
temporary leave granted for a specified purpose or limit. A violation of this section
is a gross misdemeanor.
Sec. 9.02.19. Disruption of government offices. A person is guilty of disruption
of government offices if he comes into or remains in any government building, office or
public way adjacent thereto, without lawful reason, and intentionally causes substantial
disruption of the activities or functioning of a government office. As used in this section,
the term "government government offices" has its ordinary meaning including city, county, state and
federal government offices. A violation of this section is a gross misdemeanor.
cee. 9.92.29. r -re.- -with
$ interfering sting
Sec 9 02 22 Crimes in the courts The following sections of Chapters 2.48. 9.12,
9.271 9 62 and 9A 72 of the Revised Code of Washington (RCW), with the exception of
those provisions contained therein for which a violation constitutes a felonv crime are
hereby adopted by reference as currently enacted and as hereinafter amended from time to
time. and shall be 2iven the same force and effect as if set forth herein in full.
RCW 2.48.180 Definitions - unlawful practice a crime - Cause for
discipline unprofessional conduct - Defense -
Iniunction Remedies - Costs - Attorneys' fees -
Time limit for action.
B. RCW 9.12.010 Barratn.
C. RCW 9.27.01 5 Interference obstruction of anv court building, or
residence - Violations.
6 Criminal Code
D. RCW 9.62.010 Malicious prosecution.
E. RCW 9A.72.010 Definitions.
F. RCW 9A.72.040 False swearing.
G. RCW 9A.72.060 Perjury and false swearing - Retraction.
H. RCW 9A.72.070 Perjury and false swearing - Irregularities no
defense.
I. RCW 9A.72.140 Jury tampe ring.
J
RCW 9A.72.150 Tampering with physical evidence.
Refusing, .
Sec 9 02 24 Crimes of physical harm and unlawful detention. The following
sections of Chapters 9.02 9.91 9A.36 9A.40 and 9A.42 of the Revised Code of
Washin ton RCW with the exception of those provisions contained therein for which a
violation constitutes a felonv crime are herebv adopted by reference as currently enacted
and as hereinafter amended from time to time and shall be given the same force and effect
as if set forth herein in full.
A. RCW 9.02.050 Concealing( birth.
B. RCW 9.91.060 Leaving children unattended in a parked automobile.
C. RCW 9A.36.050 Reckless endangerment in the second degree.
D. RCW 9A.36.070 Coercion.
E. RCW 9A.40.070 Custodial interference in the second decree.
F. RCW 9A.40.080 Custodial interference - Assessment of costs -
�I
Defense - Consent defense restricted.
G. RCW 9A.42.080 abandonment of a dependent person in the third
degree.
� H. RCW 9A.42.090 abandonment of dependent person - Defense.
7 Criminal Code
Sec 9 02 26 Crimes of harassment The following sections of Chanters 9.61,
and 9A 46 of the Revised Code of Washington (RCW), with the exception of those
provisions contained therein for which a violation constitutes a felony crime are hereby
adopted by reference as currently enacted and as hereinafter amended from time to time,
and shall be (Oven the same force and effect as if set t rth herein in full.
A. RCW 9.61.230 Telel2tione harassment.
B. RCW 9.61.240 Telephone harassment - Permitting telephone to be
used.
C. RCW 9.61 250 Telephone harassment - Offense, where deemed
committed.
D. RCW 9A.46.020 Definition - Penalties.
E. RCW 9A.46.030 Place where committed.
F. RCW 9A.46.040 Court-ordered requirements won person charged
with crime - Violation.
G. RCW 9A.46.050 Arraignment - No-contact order.
H. RCW 9A.46.060 Crimes included in harassment.
I. RCW 9A.46.080 Order restricting_contact - Violation.
J. RCW 9A.46.090 Nonliability of peace officer.
K. RCW 9A.46.100 "Conflicted." time when.
_ 0 Stalking.' 9 4 .11 W A. 6
L. RC g
Sec. 9.02.28. Assault.
, A. A person is guilty of assault when:
1. With intent to cause bodily injury to another person, he or she causes or
attempts to cause bodily injury to any person. or
2. He or she intentionally engages in a physical act which creates in another
a reasonable apprehension or fear of imminent bodily injury, or
He or she intentionally and without permission touches another and that
j touching is offensive, regardless of whether any actual physical harm is
done to the other person.
9 Criminal Code
B. Assault is a gross misdemeanor.
Sec.9.02.30. Provoking assault. Every person who shall, by word, sign or gesture.
willfully provoke or attempt to provoke another person to commit an assault or breach of
the peace shall be guilty of a misdemeanor.
Sec. 9.02.32. Prostitution loitering.
A. A person is guilty of prostitution loitering if he or she is in or remains in a public
place and intentionally solicits, induces, entices or procures another to commit
prostitution.
B. The following nonexclusive circumstances may be considered in determining
whether the actor intends to commit the crime of prostitution loitering. The actor:
1. Repeatedly beckons to, stops or attempts to stop, or engages passers-by in
conversation; or
2. Repeatedly stops or attempts to stop motor vehicle operators by hailing,
waving of arms or any other bodily gesture; or
i
3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts
or attempts to stop pedestrians; or
4. Is a known prostitute or procurer: or
5. Inquires whether a potential patron or other person is a police officer,
searches for articles that would identify a police officer, or exposes genitals
or female breasts. or requests the touching or exposing of genitals or female
breasts to prove that the person is not a police officer.
C. As used in this section:
l. Commit prostitution means to engage or agree or offer to engage in sexual
conduct for a fee, reward, exchange or promise, but does not include sexual
conduct engaged in as part of any stage performance, play or other
entertainment open to the public.
2. Known prostitution or procurer means a person who within one (1) year
previous to the date of arrest for violation of this section has, within the
knowledge of the arresting officer. been arrested for an offense involving
q Criminal Code
prostitution.
3. Public place is an area generally visible to public view and includes without
limitation streets, sidewalks, bridges, alleys, plazas, parks, driveways,
parking lots, automobiles (whether moving or not), and buildings open to
the general public, including those which serve food or drink, or provide
entertainment, and the doorways and entrances to buildings or dwellings
and the ground enclosing them.
4. Sexual conduct shall have the same meaning as defined in Section
9.02.3313.
d-D. Prostitution loitering is a misdemeanor.
Sec. 9.02.33. Patronizing a prostitute.
A. It is unlawful for anyone to patronize a prostitute. A person is guilty of patronizing
a prostitute if:
1. Pursuant to a prior understanding he pays a fee to another person as
compensation for such person or a third person having engaged in sexual
conduct with him,
2. He pays or agrees to pay a fee to another person pursuant to an
understanding that in return therefor, the other person or a third party will
engage in sexual conduct with him:
3. He solicits or requests another person to engage in sexual conduct with him
in return for a fee, exchange, reward or promise.
B. For purposes of this section, "sexual conduct" means "sexual intercourse" or
"sexual contact" defined as follows:
1. "Sexual intercourse" (a) has its ordinary meaning and occurs upon any
penetration, however slight. and (b) also means any penetration of the
vagina or anus however slight, by any object, when committed on one (1)
person by another, whether such persons are of the same or opposite sex.
except when such penetration is accomplished for medically recognized
treatment or diagnostic purposes. and (c) also means anv act of sexual
10 Criminal Code
contact between persons involving the sex organs of one (1) person and the
mouth or anus of another whether such persons are of the same or opposite
sex.
2. "Sexual contact" means any touching of the sexual or other intimate parts
of a person done for the purpose of gratifying sexual desire of either party.
C. For persons charged with violations of this section, it shall not be a defense that the
person agreeing to accept a fee to engage in sexual conduct or who is solicited or
requested to accept such a fee is a law enforcement officer acting in his official
capacity.
D. Patronizing a prostitute is a misdemeanor.
is likely to eattse reasertabie ftfftont of alarm.
en
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i
Sec 9 02 34 Obscenigypornographv and sexual exploitation The following
sections of Chanters 9.68. 9 68A 9A 44 and 9A.88 of the Revised Code of Washington
(RCW), with the exception of those provisions contained therein for which a violation_
constitutes a felony crime are hereby adopted by reference as currently enacted and as
hereinafter amended from time to time and shall he «iven the same force and effect as if
set forth herein in full.
A. RCW 9.68.13P "Sexually explicit material" - Defined - Unlawful
display.
B. RCW 9.68A.01 1 Definitions.
C. RCW 9.68A.080 Processors of depictions of minor engaged in
sexually explicit conduct - Report required.
D. RCW 9.68A.090 Communication with minor for immoral purposes.
�, 1 1 Criminal Code
E. RCW 9.68A.I 10 Certain defenses barred, permitted.-
E. RCW 9.68A.150 Allowing minor on premises of live erotic
performance.
G. RCW 9.68A.160 Penaltv.
H. RCW 9A.44.010 Definitions.
I. RCW 9A.44.096 Sexual misconduct with a minor in the second
degree.
J. RCW 9A.88.010 Indecent exposure.
K. RCW 9A.88.030 Prostitution.
L. RCW 9A.88.050 Prostitution- Sex of parties immaterial -No defense.
M. RCW 9A.88.090 Permitting prostitution.
i
Sec. 9.02.35. Urinating in public.
A. A person is guilty of urinating in public if the person intentionally urinates or
defecates in a public place. other than a washroom or toilet room. under
circumstances where such act could be observed by any member of the public.
B. Any violation of the provisions of this section shall be an infraction, and any person
found in violation shall be subject to a penalty not to exceed two hundred fifty
dollars ($250.00).
Sec. 9.02.36. Public disturbance.
A. A person is guilty of public disturbance if he or she:
1. Causes a public nuisance disturbance or is in possession and control of
property on which a public nuisance disturbance occurs. The following
sounds are determined to be public nuisance disturbances:
sounding of am horn or siren
v r continuous so g
a. The frequent. repents e o � .
q
attached to a motor vehicle, except as a warning of danger or as
specifically permitted or required by law.
b. The creation of frequent, repetitive or continuous sounds in
connection with the starting. operation, repair, rebuilding or testing
of any motor vehicle. motorcycle. off-highway vehicle or internal
l Criminal Code
combustion engine within a residential district, so as to
unreasonably disturb or interfere with the peace, comfort and repose
of owners or possessors of real property.
C. Yelling, shouting, hooting, whistling or singing on or near the
public streets, particularly between the hours of 11:00 p.m. and 7:00
a.m. or at any time and place so as to unreasonably disturb or
interfere with the peace, comfort and repose of owners or possessors
of real property.
d. The creation of frequent. repetitive or continuous sounds which
emanate from any building, structure, apartment, condominium, or
I
yard adjacent thereto which unreasonable interferes with the peace,
comfort, and repose of owners or possessors of real property such
as sounds from musical instruments, audio sound systems, band
sessions, or social gatherings.
C. The creating of frequent, repetitive or continuous sounds made by
any animal, such as barking or howling except that such sounds
made in animal shelters, commercial kennels, veterinary hospitals.
i
j pet shops or pet kennels licensed under and in compliance with
chapter 8.03 of the Kent City Code shall be exempt from this
subsection.
f. Sound from motor vehicle audio sound systems such as tape
players. radios, and compact disc players, operated at a volume so
as to be audible greater than fifty (50) feet from the vehicle itself.
g. Sound from portable audio equipment, such as tape players, radios,
and compact disc players, operated at a volume so as to be audible
greater than fifty (50) feet from the source, and if not operated upon
the property of the operator- This provision shall not apply to such
sounds emitted from scheduled events or activities at parks and
recreational facilities such as public address systems for park or
li
13 Criminal Code
game events or concerts or similar park or recreation activities.
h. The creation of frequent, repetitive or continuous sounds made in
connection with outdoor construction or the movement of
construction related materials, including noise made by devices
capable of producing sound by either striking or cutting objects.
such as hammers, saws or other equipment with internal combustion
engines. provided, however, such sounds shall be exempt from the
provisions of this Code under the following circumstances:
(i) During the hours of 7:00 a.m. through 8:00 p.m., Mondav
through Sunday; or
(ii) In commercial areas not adjacent to residential areas.
B. The foregoing enumeration of acts and noises shall not be construed as excluding
other acts and noises which offend the public peace.
C. Public disturbance is a misdemeanor.
Sec. 9.02.38. Disorderly conduct.
A. A person is guilty of disorderly conduct if. he or she:
1. Uses abusive language and thereby intentionally creates a risk of assault.-
Intentionally disrupts any lawful assembly or meeting of persons without
lawful authority;
3. Intentionally obstructs pedestrian or vehicular traffic without lawful
authority: or
4. Aggressively begs in a public place.
B. The following definitions shall apply in this section:
I
1. Aggressively begs means to beg and engage in conduct that would likely
intimidate a reasonable person, including touching, following, persistently
begging after being refused, using violent or threatening language or
gestures, or taking similar actions for the purpose of inducing another
person into giving money or goods.
2. Beg means to ask for money or goods as a charity, whether by words.
14
Criminal Code
bodily gestures, signs or other means.
3. Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, grasp
a person, or place an object in such a manner as to block passage by another
person or a vehicle, or to require another person or a driver of a vehicle to
take evasive action to avoid physical contact. Acts authorized as an exercise
of one's constitutional right to picket or legally protest shall not constitute
obstruction of pedestrian or vehicular traffic.
4. Public place means an area generally visible to public view and includes
alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks,
and streets open to the general public including places that serve food or
drink or provide entertainment, in the doorways and entrances to buildings
or dwellings and the grounds enclosing them.
C. Disorderly conduct is a misdemeanor.
See. 9.02.40. Failure to disperse.
-A � .
• lie b
b
tnJury to any person or Substfffltial harm to property" and
44- Failure to disperse is a rnis4erne�t,m
jSec 9 02 40 Crimes disturbin the peace. The following, sections of Chapters
19 91 and 9A 84 of the Revised Code of Washington (RCW) with the exception of those
provisions contained therein for which a violation constitutes a felony crime, are hereby
adopted by reference as currently enacted and as hereinafter amended from time to time,
and shall be Given the same force and effect as if set forth herein in full.
A. RCW 9.91.025 Unlawful bus conduct.
B. RCW 9A.84.010 Riot.
C. RCW 9A.84.020 Failure to disburse.
1;; Criminal Code
Sec. 9.02.42. Public events; criminal activity.
A. Interference with public events. No person shall physically interfere with any public
event activity in a manner which: (1) disrupts the activity to the extent it makes it
difficult for the activity to continue; or(2) causes viewers or participants (including
vendors) to be distracted to the extent the viewing of or the participation in the
activity is obstructed, restrained or inhibited. For purposes of this section, "activity"
shall include any parade, performance, processing, race, game, exhibition or similar
activity which is conducted on a public street or public place and is an official part
of a public event. The term "public event" shall mean any event(s) sponsored or co-
sponsored by, in conjunction with, or endorsed by any public, quasi-public or civic
entity for the benefit of the public.
Violation/penalty. Any violation of this section shall constitute a misdemeanor.
B. Criminal trespass. Any person who (1) violates section 9.02.42; (2) commits any
offense against public peace as set forth in chapter 9.02, including, but not limited
to, indecent exposure, urinating in public, public disturbance, disorderly conduct
and failure to disperse, while attending or in conjunction with a public event. (3)
commits a crime against a person as set forth in chapter 9.02. including, but not
limited to, assault and provoking assault. while attending or in conjunction with a
public event; or (4) commits a felony while attending or in conjunction with a
public event. may be ordered removed from the property on which the event is held
by any person(s) having lawful authority over the event or by a law enforcement
.on from returning to theproper tv on
't the person
officer. Such an order may prohibit p g
o P
which the event is held for the duration of the event if there is cause to believe that
further violations would occur if the person were allowed to return. Such order shall
apply to event areas both on and off public streets and public places. Any violation
of such an o ,order lawfully issued shall constitute criminal trespass pursuant to
s :r9 0? 54 of this chapter.
16 Criminal Code
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i
Sec 9 02 50 Crimes of theft The following sections of Chapters 9.91 and 9A.56
of the Revised Code of Washington (RCW) with the exception of those provisions
contained therein for which a v iolation constitutes a felony crime. are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time and shall be
given the same force and effect as if set forth herein in full.
A. RCW 9.91.140 Food stamps.
B. RCW 9A.56.010 Definitions.
C. RCW 9A.56.020 Theft - Definition, defense.
D. RCW 9A.56.050 Theft in the third debree.
E. RCW 9A.56.060 unlawful issuance of checks or drafts.
F. RCW 9A.56.140 Possessing stolen property - Definition - Access
devices, presumption.
I7 Criminal Code
G. RCW 9A.56.170 Possessing stolen property in the third degree.
H. RCW 9A.56.180 Obscuring the identity of a machine.
I. RCW 9A.56.220 Theft of subscription television services.
Sec 9 02 54 Burg lary and Trespass The following sections of Chapter 9A.52
of the Revised Code of Washington (RCW), with the exception of those provisions
contained therein for which a violation constitutes a felony crime are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time and shall be
iven the same force and effect as if set forth herein in full.
A. RCW 9A.52.010 Definitions.
B. RCW 9A.52.060 Making or having burglar tools.
-2.070 Criminal trespass in the first degree.
i
C. RCW 9A.5 p -
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 in the second degree.
G. RCW 9A.52.120 Computer trespass in the second degree.
H. RCW 9A.52.130 Commuter trespass - Commission of other crime.
See. 9.02.56. Grim l ti__r
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18
Criminal Cod
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fitbandatted.,
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tegfiti proeess.
Sec. 9.02.58 Frauds swindles and deception. The following sections of
Chapters 9.04. 9 18 9 ?6A 9 38 9 45 9 46 9A 60 and 9A.61 of the Revised Code of
Washington (RCW), with the exception of those provisions contained therein for which a
violation constitutes a felony crime are hereby adopted by reference as currently enacted
and as hereinafter amended from time to time, and shall be given the same force and effect
as if set forth herein in full.
A. RCW 9.04.010 False advertising.
B. RCW 9.18.080 Offender a competent witness.
C. RCW 9.18.120 Suppression of competitive bidding
D. RCW 9.19.130 Collusion to prevent competitive bidding.
19 Criminal Code
E. RCW 9.18.140 Penalt .
F. RCW 9.18.150 Agreements outside state.
G. RCW 9.26A.090 Telephone com..panv credit cards - Prohibited acts.
H. RCW 9.26A.100 Definitions.
I. RCW 9.26A.I10 Fraud in obtaining telecommunications service -
Penalty.
J. RCW 9.26A.120 Fraud in operating coin-box telephone or other
receptacle.
K. RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used
for coin.
L. RCW 938.010 False representation concerning credit.
M. RCW 9.39.015 False statement by deposit account applicant.
N. RCW 9.38.020 False representation conceming title.
O. RCW 9.45.060 Encumbered leased or rented personal property -
Construction.
P. RCW 9,45.062 Failure to deliver leased personal property -
Requisites for prosecution - Construction.
Q RCW 9.45.070 Mock auctions.
R. RCW 9.45.080 Fraudulent removal of property.
S. RCW 9.45.090 Knowingly receiving fraudulent convevance.
T. RCW 9.45.100 Fraud in assignment for benefit of creditors.
U. RCW 9.46.196 Cheating.
V. RCW 9A.60.040 Criminal impersonation.
W. RCW 9A.60.050 False certification.
X. RCW 9A.61.010 Definitions
Y. RCW 9A.61.020 Defrauding a public utilitv.
Z. RCW 9A.61 .050 Defrauding a public utility in the third degree,
cee. 9.02.60. mh•_tl degree theft.
a
A. Tl i ns
70 Criminal Code
etm et the proveK-r-ff
property or se.
eseriees or
3 --
in any roseetttion for
theft, it
be untenabie.
b
b
,I - tile h .l ,J,,,__ee is tt Vass mis4emeernay.
Sec. 9.02.62. Reckless burning and malicious mischief. The following sections
of Chapters 9.40 and 9A 48 of the Revised Code of Washington(RCW) with the exception
of those provisions contained therein for which a violation constitutes a felonv crime. are
hereby adopted by reference as currently enacted and as hereinafter amended from time to
time and shall be Qiven the same force and effect as if set forth herein in full.
A. RCW 9.40.100 Tampering with tire alarm or fire fighting equipment
False alarm - Penalties.
B. RCW 9A.48.010 Definitions.
C. RCW 9A.48.050 Reckless burning in the second degree.
D. RCW 9A.48.060 Reckless burnin(* - Defense.
E. RCW 9A.48.090 Malicious mischief in the third degree.
F. RCW 9A.48.100 Malicious mischief- "Phvsical damage" defined.
G. RCW 9A.48.1 10 Defacing a state monument.
See. 9.02.64. UrIjawfu! issunnee of hank eheeks or drafts. it
II II
:l
Criminal Code
b
or ttInderstmIding with tile bftrrk fee.--N-yment of stteh eheek ot draft. The tttterin-,-�'
See. 9.02.72. False advertising. Any person or otherwise
dispose of etnent
rc a
See. 9.02.76. Unl*wful to allow undernge persons where intoxieants se
served, who 5jiftij ft4mit or
Sec.9.02.80. , ked. Alcohol drugs and toxic fumes The following sections
of Chapters 9.47A 26.28 66.04 66.28 66.44. and 69.50 of the Revised Code of
Washington (RCW) with the exception of those provisions contained therein for which a
violation constitutes a felony crime are hereby adopted by reference as currently enacted
and as hereinafter amended from time to time and shall be Qiven the same force and effect
as if set forth herein in full.
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 substancesprohibited, when.
E. RCW 9.47A.050 Penalty.
E. in , or (,ivin<r tobacco to minor - Belief of
RCW 26._8.080 Sell
F i} � e —
I
I
representative capacity, no defense - Penalty.
G. RCW 66.04.010 Definitions
22 Criminal Code
H. RCW 66.28.200 Keg registration - Requirements of seller.
I. RCW 66.28.210 Keg registration - Requirements of purchaser.
J. RCW 66.28.230 Keg registration - Penalties.
K. RCW 66.44.100 Opening or consuming liquor in a public place -
Penalty.
L. RCW 66.44.1 50 Buying liquor illegally.
M. RCW 66.44.180 General penalties - Jurisdiction for violations.
N. RCW 66.44.200 Sales to persons Uparently under the influence of
li uor.
O. RCW 66.44.240 Drinking in public conveyance - Penalty against
carrier - Exception.
P. RCW 66.44.250 Drinking in public conveyance - Penalty against
individual - Restricted application.
Q RCW 66.44.270 Furnishing liquor to minors - Possession, use-
Exhibition of effects - Exceptions.
R. RCW 66.44.290 Minor purchasing or attempting to purchase liquor.
S. RCW 66.44 291 Minor purchasing or attempting to purchase liquor-
Penalty against persons .between ages of eighteen
and twenty, inclusive.
T. RCW 66.44.300 Treats, gifts, purchases of liquor for or from minor,
or holding out minor as at least twenty-one. in pubic
place where liquor sold.
U. RCW 66.44.310 Minors frequenting off-limits area -
Misrepresentation of age- Penalty -Classification of
licensees.
V. RCW 66.44.320 Sale of liquor to minors a violation.
W. RCW 66.44.325 Unlawful transfer to a minor of an identification of
age.
X. RCW 66.44.328 Preparation or acquisition and supply to persons
I
23 Criminal Code
under a e twen -one of facsimile of official
identification card - Penalty.
Y. RcW 69.50.101 Defiers.
Z. RCW 69.50.102 Drug paraphernalia- Definitions.
AA. RCW 69.50.401 Prohibited acts, A penalties (possession of
marijuana).
BB. RCW 69.50.408 Second or subsequent offenses.
CC. RCW 69.50.412 Prohibit acts: E penalties (paraphernalial.
DD. RCW 69.50.425 Misdemeanor violations - Minimum imprisonment.
eveep6o".8-:
Of this sttbqe�-tiott
a �u
be ir.
c, it is
exhibiti
c
I
Criminal Code
or
a
b
Permitted to be
ai b -
c
a
pitystetat or dentist.
F.
neeess try for the religtiot&-�
See. 9.02.84. Reserved.
See. 9. Q.88. Certain Persons frequenting taverns 01--coektail lott"ges;
2. Representbeing
C
eoektail lounge.
l}
perseft
. c
i
�; Criminal Code
referred tseet" _ .t shall t;br first a ff I_ li � 1 �� Y'y
of not mare than five Ittmdred etaliars (S�90.99), eftd f;5r a seeend ar sttbsequent offense tO
i
both.cee. 9.02.92. Liquor r a Tterms �liqttff
o
b iiqtt n ets ttse4
li
it ltqttar, or
deeme4 to be ifttexiefttiFrg-
Sec. 9.02.96. :tst :mod. Discharge of firearms or dangerous weapons. It is
unlawful for any person to wilfully discharge any firearm air gun or other weapon or throw
any deadly missile in a public lace or in any place where anv person might be endangered
therebv even though no injury results The discharge of certain firearms at bonafide gun
clubs, etc.. shall be as provided in section 5.04.010. A violation of this section shall be
punishable upon conviction as a gross misdemeanor.
Sec. 9.02.100. mod: Firearms dangerous weapons and explosives. The
following sections of Chapters 9 41 9 91 and 70.74 of the Revised Code of Washington
(RCW), with the exception of those provisions contained therein for which a violation
constitutes a felonv crime are hereby adopted by reference as currently enacted and as
I hereinafter amended from time to time and shall be given the same force and effect as if
set forth herein in full.
A. RCW 9.41.010 Terms defined.
26 Criminal Code
B. RCW 9.41.050 Carrying firearms.
C. RCW 9.41.060 Exceptions to restrictions on carrying firearms.
D. RCW 9.41.140 Alteration of identifying marks - Exceptions.
E. RCW 9.41 230 Aiming_ or discharzing firearms. dangerous
weapons.
F. RCW 9.41.240 Possession of pistol by person from eighteen to
twentv-one.
G. RCW 9.41.250 Dangerous weapons - Penalty.
H. RCW 9.41.260 Dangerous exhibitions.
L RCW 9.41.270 Weapons apparently capable of producing bodily
harm - Unlawfully carrving or handling - Penalty -
Exceptions.
J. RCW 9,41.280 Possessing dangerous weapons on school facilities -
Penalty - Exceptions.
K. RCW 9.41.300 Weapons prohibited in certain places - Local laws
and ordinances - Exceptions - Penalty.
L. RCW 9.91.160 Personal rotection spray devices.
M. RCW 70.74.010 Definitions.
N. RCW 70.74.295 Abandonment of explosives.
O. RCW 70.74.300 Explosive containers to be marked - Penalty.
P. RCW 70.74.310 Gas bombs explosives stink bombs, etc.
Sec. 9.02.104. Weapons apparently capable of producing bodily harm,
i carrying, exhibiting, displaying or drawing unlawful; penalty; exceptions.
A. It shall be unlawful for anyone to carry, exhibit. display or draw any dagger. sword.
knife or other cutting or stabbing instrument, club or any other weapon, ._;�'ng
apparently capable of producing bodily harm, in a manner, under
circumstances, and at a time and place that either manifests an intent to intimidate
another or that warrants alarm for the safety of other persons. Any person violating
the provisions of this subsection shall be guilty of a gross misdemeanor. This
27 Criminal Code
section floes not apply to firearms Firearms are regulated in Section 9.02.100.
B. Pursuant to RCW 9.41.270, if any person is convicted of a violation of subsection
A. of this section, the person shall lose his or her concealed pistol license, if any.
The court shall send notice of the revocation to the department of licensing, and the
city, town or county which issued the license.
C. Subsection A. of this section shall not apply to or affect the following:
1. Any act committed by a person while in his or her place of abode or fixed
place of business;
2. Any person who by virtue of his or her office or public employment is
vested by law with a duty to preserve public safety, maintain public order
or make arrests for offenses, while in the performance of such duty;
3. Any person acting for the purpose of protecting himself or herself against
the use of presently threatened unlawful force by another, or for the purpose
of protecting another against the use of such unlawful force by a third
person;
4. Any person making or assisting in making a lawful arrest for the
commission of a felony; or
5. Any person engaged in military activities sponsored by the federal or state
governments.
Sec. 9.02.106. Sale, manufacture, possession of certain weapons. A- it
sliall be
Am^person who sells, manufactures, purchases, possesses or earl
carries:
I
1. Anv device commonly known as nunchuka sticks. consisting of two (2) or
more lengths of wood, metal, plastic or similar substance connected with
wire. rope or other means; or
2. Any device commonty known as throwing stars, which are multipointed.
metal objects designed to embed upon impact from any aspect in a manner,
and at a time and lace that either manifests an intent
under circumstances, a p
to intimidate another or that warrants alarm for the safety of other persons-;
28 Criminal Code
is guilty of a gross misdemeanor.
b
b
Sec. 9.02.108. Reserved.
Sec. 9.02.112. Costs of prosecution. Whenever anyone is convicted of an offense
under any section of this chapter, or section of any city ordinance, the court may, as
authorized by law, impose reasonable costs of prosecution in addition to the fine imposed.
The court may so impose costs for issuance of bench warrants in an amount not to exceed
one hundred dollars ($100.00).
b
}-- vieiotts etnimftls at larv.v
1 n� n 1 n lam..-..,.,inal_ onti.mpf
7C-
4.
6—
proseetttion
-)q Criminal Code
9. 2 gletss, e
o
purehasing.
i n rnAtertng' prohibited Penal`ies
See. 9.0-2-120. Same Title 9A. Ile ft)ilo"ing �teetians of PcG4,' Title 9A.-are
o
9A.28.9;G, Gritninal
nn �o nnn Gri nittal - -
i
4.
nn ^c ncn
n n n o inn
T.
O n A c'1 1 nn V_hies.- r—�&--.1:
a.
_.
r" _b
1 91 .84.919- Riot.
I
III Criminal Code
30
herebyadopted-
Sec. 9.02.124. Offenses against police dogs. No person shall willfully or
maliciously torment, beat, kick or strike any dog owned or being used by the police
department in the performance of its official duties. No person shall willfully hinder, delay.
or obstruct any dog used by a law enforcement officer in discharging or attempting to
discharge his official duties. Any person violating the provisions of this section shall be
guilty of a misdemeanor.
Sec 9 02 128 Crueltv to animals The following sections of Chanters 9.08 and
16 52 of the Revised Code of Washinaton (RCW) with the exception of those provisions
contained therein for which a violation constitutes a felony crime are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time and shall be
given the same force and effect as if set forth herein in full.
A. RCW 9.08,065 Definitions.
B. RCW 9.08.070 Pet animals - Taking concealina. iniurina, killimy-
etc. - Penalty.
C. RCW 16.52.01 1 Definitions - PrinciDles of liability.
D. RCW 16.52.1 17 Animal fighting - Owners trainers, spectators -
Exceptions.
E. RCW 16,52.190 Poisoning animals.
F. RCW 16.51195 Poisoning animals - Penalty.
G. RCW 16.52.207 Animal cruelty in the second decree.
H. RCW 16.�2 210 Destruction of animals by law enforcement officer -
Immunitv from liability.
I
Sec 9 02 132 Crimes of nuisance The following sections of Chapters 9.03 and
9.66 of the Revised Code of Washington (RCW), with the exception of those provisions
contained therein for which a violation constitutes a felony crime. are hereby adopted by
reference as currently enacted and as hereinafter amended from time to time, and shall be
(ziven the same force and effect as if set forth herein in frill.
1 Criminal Code
A. RCW 9.03.010 Abandoning discarding refrigeration equipment.
B. RCW 9.03.020 Permitting unused equipment to remain on premises.
C. RCW 9.03.040 Keeping or storing equipment for sale.
D. RCW 9.66.010 Public nuisance.
E. RCW 9.66.030 Maintaining or permitting nuisance.
F. RCW 9.66.050 Deposit of unwholesome substance.
Sec 9 02 136 Crimes relating to corporations and business. The following
sections of Chapters 9.24 and 9A 50 of the Revised Code of Washington (RCW). with the
exception of those provisions..contained therein for which a violation constitutes a felonv
crime are hereby adopted by reference as currently enacted and as hereinafter amended
from time to time and shall be.given the same force and effect as if set forth herein in full.
A. RCW 9.24.040 Corporation doing business license.
B. RCW 9A.50.010 Definitions.
C. RCW 9A.50.020 Interference with health care facility.
D. RCW 9A.50.030 Penaltv.
Sec 9 02 140 Violation of privacy. The following sections of Chapter 9.73 of
t
the Revised Code of Washington (RCW) with the exception of those provisions contained
therein for which a violation constitutes a felonv crime are hereby adopted by reference
as currently enacted and as hereinafter amended from time to time and shall be liven the
same force and effect as if set forth herein in full.
A. RCW 9.73.020 Opening scaled letter.
B. RCW 9.73.030 Intercepting recording or divulging private
communication - Consent required - Exceptions.
C. RCW 9.73.070 Persons and activities excepted from chapter.
D. RCW 9.73.080 Interceptin recording or divutgin private
communication - Penalty.
E. RCW 9.73.090 Certain emergencv response personnel exempted
ou
from RCW 9.73.030 thr gh 9.73.080 - Standards -
.
Court authorizations - Admissibility.
32 Criminal Code
Sec. 9.02.300. Domestic violence-
-Definition--Designation-1. Family or household members means spouses, former spouses, persons who
have a child in common regardless of whether they have been married or
have lived together at any time, adult persons related by blood or marriage,
adult persons who are presently residing together or who have resided
together in the past, persons sixteen (16) years of age or older who are
presently residing together or who have resided together'in the past and who
have or have had a dating relationship, persons sixteen (16) years of age or
older with whom a respondent sixteen (16) years of age or older has or has
1
had a dating relationship, and persons who have a biological or legal parent-
child relationship, including stepparents and stepchildren and grandparents
and grandchildren.
2. Dating relationship means a social relationship of a romanic nature. Factors
that the court may consider in making this determination includes the length
of time the relationship has existed. the nature of the relationship, and the
frequency of interaction between the parties.
3. Domestic violence includes, but is not limited to.. any of the following
crimes when committed by one family or household member against
another:
(a) Assault KCC 9.02.28
(b) Provoking assault KCC 9.02.30
(c) Crimes of harassment KCC 0. 9.02.96
(d)
9.9-.4 ; Reckless burnin�in the second degree KCC 9.02.62(C)
(e) Discharge of firearms or dangerous instrumentalities KCC 9.93-48
9.0 2.96
f Criminal trespass in the second degree KCC 9.n� 9.02.54(D)
P �
(g) Theft in the third degree fitte t KCC 9.02.60 9.02.50(1))
(h) Reckless endangerment in the second degree KCC 9.02..429
33 Criminal Code
9.02.24(C)
(i) Coercion KCC 9.92.129 9.02.24(D)
0) Malicious mischief in the third degree KCC 9.92.129 9.02.62(E)
(k) Vehicle prowling in the second degree KCC 9.92.120 9.02.54(F)
(1) Violation of a no contact order KCC 9.02.302
(m) Violation of a protecting order KCC 9.02.304
(n) Violation of a restraining order KCC 9.02.306
(o) Violation of civil anti-harassment protection order KCC 9.02.308
(p) Interfering with the reporting of domestic violence, Kent City Code
9.02.301.
4. For the purpose of this section, "victim" means a family or household
member who has been subjected to domestic violence.
Sec. 9.02.301. Same--Interfering with the reporting of.
A. A person commits the crime of interfering with the reporting of domestic violence
if the person:
1. Commits a crime of domestic violence, as defined in Kent Citv Code
section 9.02.300; and
2. Prevents or attempts to prevent the victim of or a witness to that domestic
violence crime from calling a 911 emergency communication system,
obtaining medical assistance, or making a report to anv law enforcement
official.
B. Commission of a crime of domestic violence under subsection A. of this section is
a necessary element of the crime of interfering with the reporting of domestic
violence.
C. Interference with the reporting of domestic violence is a gross misdemeanor.
I i
Sec. 9.02.302. Same--Violation of a no contact order. When any person arrested
for or charged with a crime involving domestic violence is released from custody
before arraignment or trial on bail or personal recognizance or after trial before
sentencing or as a condition of any sentence imposed, the court authorizing the
34 Criminal Code
release may prohibit the person from having any contact with any victim. The
written order releasing the defendant shall contain the court's directives and shall
bear the legend: Violation of this order is a criminal offense under RCW ch. 10.99
and will subject a violator to arrest. Any assault or reckless endangerment that is
a violation of this order is a felony.
Wilful violation of a court order issued under this section or of an order issued by
any court of competent jurisdiction under equivalent statute or ordinance is a gross
misdemeanor. In addition,the person violating such order is subject to the penalty
Provided in section 9.02.310. A certified copy of the order shall be provided to the
victim.
Sec. 9.02.304. Same--Violation of a protection order. Whenever an order for
protection is granted under RCW ch. 26.50 and the respondent or person to be restrained
knows of the order, a violation of the restraint provisions or of a provision excluding the
person from a residence is a gross misdemeanor. In addition, the person violating such
order is subject to the penalty provided in section 9.02.310.
Sec. 9.02.306. Same--Violation of a restraining order.
A. Whenever a restraining order is issued pursuant to RCW ch. 26.09 and the person
to be restrained knows of the order. a violation of the provisions restricting the
person from acts or threats of violence or of a provision excluding the person from
a residence is a misdemeanor subject to the penalty provided in section 9.02.310.
B. A person is deemed to have notice of a restraining order if:
1. The person to be restrained or the person's attomey sign the order:
2. The order recites that the person to be restrained or the person's attorney
appeared in person before the court:
3. The order was served upon the person to be restrained;
4. The peace officer gives the person oral or written evidence of the order by
reading from it or handing to a person a certified copy of the original order
which is certified to be an accurate copy of the original by a notary public
or by a clerk of the court; or
3; Criminal Code
5. Service by publication pursuant to RCW Ch. 26.09.
C. It is a defense to prosecution under this section that the court erroneously issued the
order contrary to law or court rule.
D. Restraining orders issued under RCW ch. 26.09 restraining a person from harming
or disturbing another party or from entering a party's home shall bear the legend:
Violation of this order with actual notice of its contents is a criminal offense under
RCW ch. 26.09 and will subject the violator to criminal prosecution.
Sec. 9.02.308. Same--Violation of civil anti-harassment protection order.
Whenever an order for protection from civil harassment is issued pursuant to RCW ch.
10.14, and the respondent or person to be restrained knows of the order, any willful
disobedience of the order by such person shall be a gross misdemeanor.
Sec. 9.02.310. Same--Contempt of court. Violations of sections 9.02.302,
9.02.304, 9.02.306. and 9.02.308 may also constitute contempt of court, and are subject to
the penalties prescribed by law.
Sec. 9.02.312. Stay out of areas of prostitution orders.
A. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may
be issued by the Kent Municipal Court to anyone charged with prostitution.
permitting prostitution, prostitution loitering, or patronizing a prostitute under
I
chapter 9.02 of the Kent City Code as a condition of pre-trial release.
B. SOAP orders may be issued by the Kent Municipal Court to anyone convicted of
prostitution, permitting prostitution, prostitution loitering, or patronizing a
prostitute under chapter 9.02 of the Kent City Code as a condition of probation.
C. Whenever a police officer shall have probable cause to believe that a person has
received a SOAP order as a condition of pre-trial release or of probation and in the
officer's presence is seen violating or failing to comply with any requirement or
restriction imposed by the court as a condition of such pre-trial release or probation,
such officer may arrest the violator without warrant or other process for violation
of the SOAP order and bring such person before the court issuing the order.
36 Criminal Code
D. The SOAP order shall warn the person named in the order to stay out of the
following "high risk prostitution areas."
1. Pacific Highway South from the 25300 block to State Route 516, including
all adjacent businesses.
E. A person is deemed to have notice of the SOAP order when:
1. The signature of the person named in the order or their attorney is affixed
to the bottom of the order, signifying that they have read the order and have
knowledge of the contents of the order; or
2. The order recites that the person named in the order or the person's attorney
appeared in person before the court.
F. The written SOAP order shall contain the court's directives and shall bear the
legend: "Violation of this order is a criminal offense under Chapter 9.02. KCC and
will subject the violator to arrest."
I�
G. Whenever a SOAP order is issued under this section, and the person named in the
order knows of the order, a violation of the provisions of the order is a
misdemeanor and shall be punished by a fine of not more than one thousand dollars
($1.000.00) or imprisonment for not more than ninety (90) days, or both such fine
and imprisonment.
Sec. 9.02.320. Probation violations.
A. For purposes of this section, the word ''probationer" means any person who after
conviction of violation of an ordinance of the city or a law of the state has been
placed, on probation in connection with the suspension or deferral of sentence by
either a district court of this county. municipal court or the superior court.
B. Whenever a police officer shall have probable cause to believe that a probationer,
prior to the termination of his probation is in such police officer's presence,
violating or failing to comply with any requirement or restriction imposed by the
court as a condition of such probation, such officer may cause the probationer to be
brouLlht before the court wherein sentence ,vas deferred or suspended. and for such
!I
17 Criminal Code
purpose such police officer may arrest such probationer without warrant or other
process.
See. 9.02.330. Violations; penalty. Unless otherwise provided in this chapter,
violation of any provision of this chapter shall be punishable by:
1. Gross misdemeanor. Every person convicted of a gross misdemeanor
defined in chapter 9.02 of the Kent City Code shall be punished by
imprisonment in jail for a maximum term fixed by the court of not more
than one(1) year, or by a fine in an amount fixed by the court of not more
than five thousand dollars ($5,000.00). or by both such imprisonment and
fine.
2. Misdemeanor. Every person convicted of a misdemeanor defined in chapter
9.02 of the Kent City Code shall be punished by imprisonment in jail for a
maximum term fixed by the court of not more than ninety (90) days, or by
I,
a fine in an amount fixed by the court of not more than one thousand dollars
($1,000.00), or by both such imprisonment and fine.
SECTION 2. Kent City Code Sections 8.03.260 entitled "Unlawful acts
against police department dogs - Penalty for violations" and 8.03.270 entitled "Cruelty to
animals - Unlawful acts designated" are hereby repealed in their entirety.
1
SECTION 3. Chapter 9.36 of the Kent City Code entitled "Traffic Code"
is hereby amended by adding a new section as follows:
Sec 9 36 040 Breaking traction - Quick starts.
1. No person shall drive any vehicle or motor-driven cycle so as to cause. by
excessive or unnecessaryacceleration the tires of any such vehicle or cycle
to spin and emit loud noises or to unnecessarily throw stones or gravel.
�
J? 4nv person violating this section shall be Guilty of a misdemeanor.
38 Criminal Code
SECTION4. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION S. - Effective Date. This emergency ordinance shall take effect
and be in force immediately upon adoption.
i
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 1997.
APPROVED: day of 1997.
PUBLISHED: day of 1997.
I hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent. Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRINDA JACOBER, CITY CLERK
P'LAWAORDINANO.CHAPNINP.ORD
it
39 Criminal Code
2.48.180 Definitions—Unlawful practice a crime— (8) Independent of authority granted to the attorney
Cause for discipline—Unprofessional conduct—Defense--
general, the prosecuting attorney may petition the superior
Injunction—Remedies—Costs,Attorneys' fees—Time court for an injunction against a person who has violated thi'
limit for action (1) As used in this section: chapter. Remedies in an injunctive action brought by a
(a) "Legal provider" means an active member in good prosecuting attorney are limited to an order enjoining,
standing of the state bar, and any other person authorized by restraining, or preventing the doing of any act or practice
the Washington state supreme court to engage in full or that constitutes a violation of this chapter and imposing a
limited practice of law; civil penalty of up to five thousand dollars for each viola-
(b) "Nonlawyer" means a person to whom the Washing- Lion. The prevailing parry in the action may, in the discre-
ton supreme court has granted a limited authorization to tion of the court, recover its reasonable investigative costs
practice law but who practices law outside that authorization, and the costs of the action including a reasonable attorney's
and a person who is not an active member in good standing fee. The degree of proof required in an action brought under
of the state bar, including persons who are disbarred or this subsection is a preponderance of the evidence. An
suspended from membership: action under this subsection Must be brought within three
(c) "Ownership interest" means the right to control the years after the violation of this chapter occurred. [1995 c
affairs of a business, or the right to share in the profits of a 285 § 26; 1999 c 117 § 13; 1933 c 94 § 14; RRS § 138-14.1
business, and includes a loan to the business when the
interest on the loan is based upon the income of the business
or the loan carries more than a commercially reasonable rate 9.02.050 Concealing birth. Every person who shall
of interest. endeavor to conceal the birth of a child by any disposition
(2) The following constitutes unlawful practice of law: of its dead body, whether the child died before or after its
(a) A nonlawyer practices law, or holds himself or birth, shall be guilty of a gross misdemeanor. [1909 c 249
herself out as entitled to practice law: § 200; RRS § 2452.]
(b) A legal provider holds an investment or ownership
interest in a business primarily engaged in the practice of
law, knowing that a nonlawyer holds an investment or 9.03.010 Abandoning, discarding refrigeration
ownership interest in the business: equipment. Any person who discards or abandons or leaves
(c) A nonlawyer knowingly hoids an investment or in any place accessible to children any refrigerator, icebox.
ownership interest in a business primarily engaged in the or deep freeze locker having a capacity of one and one-half
practice of law; cubic feet or more, which is no longer in use, and which has
(d) A legal provider works for a business that is not had the door removed or a portion of the latch mechal
primarily engaged in the practice of law, knowing that a nism removed to prevent latching or locking of the door, is
nonlawyer holds an investment or ownership interest in the guilty of a misdemeanor. [1955 c 298 § 1.1
business: or
(e) A nonlawyer shares legal fees with a legal provider.
(3) Unlawful practice of law is a crime. A single 9.03.020 Permitting unused equipment to remain on
violation of this section is a gross misdemeanor. Each premises. Any owner, lessee, or manager who knowingly
subsequent violation, whether alleged in the same or in permits such an unused refrigerator, icebox, or deep freeze
subsequent prosecutions, is a class C felony. locker to remain on the premises under his control without
(4) Nothing contained in this section affects the power having the door removed or a portion of the latch mecha-
of the courts to grant injunctive or other equitable relief or nism removed to prevent latching or locking of the door is
to punish as for contempt. guilty of a misdemeanor. [1955 c 298 § 2.]
(5) Whenever a legal provider or a person licensed by
the state in a business or profession is convicted, enjoined. 9.03.040 Keeping or storing equipment for sale.
or found liable for damages or a civil penalty or other Any person who keeps or stores refrigerators, iceboxes, or
equitable relief under this section, the plaintiffs attorney deep freeze lockers for the purpose of selling or offering
shall provide written notification of the judgment to the them for sale shall not be guilty of a violation of this chapter
appropriate regulatory or disciplinary body or agency. if he takes reasonable precautions to effectively secure the
(6) A violation of this section is cause for discipline and door of any refrigerator, icebox, or deep freeze locker held
constitutes unprofessional conduct that could result in any for purpose of sale so as to prevent entrance of children
regulatory penalty provided by law, including refusal, small enough to fit into such articles. [1955 c 298 § 4.]
revocation, or suspension of a business or professional li-
cense, or right or admission to practice. Conduct that
constitutes a violation of this section is unprofessional
conduct in violation of RCW 18.130.180.
(7) In a proceeding under this section it is a defense if
proven by the defendant by a preponderance of the evidence
that, at the time of the offense, the conduct alleged was
authorized by the rules of professional conduct or the admis-
sion to practice ruies, or Washington business and profes-
sions licensing statutes or rules.
� 3a
EXHIBIT.g
9.04.010 False advertising. Any person, firm, person knows or has reason to know has been stolen or
corporation or association who, with intent to sell or in any fraudulently obtained. This subsection does not apply to
wise dispose of merchandise, securities, service, or anything U.S.D.A. licensed dealers.
-,ffered by such person, firm, corporation or association, (b) The first conviction under (a) of this subsection is a
_,erectly or indirectly, to the public for sale or distribution, or gross misdemeanor and is punishable as prescribed under
with intent to increase the consumption thereof, or to induce RCW 9A.20.021(2) and by a mandatory fine of not less than
the public in any manner to enter into any obligation relating five hundred dollars per pet animal. A second or subsequent
thereto, or to acquire title thereto, or an interest therein, conviction under (a) of this subsection is a class C felony
makes, publishes, disseminates, circulates, or places before and is punishable as prescribed under RCW 9A.20.021(1)(c)
the public, or causes, directly or indirectly, to be made, and by a mandatory fine of not less than one thousand
published, disseminated, circulated, or placed before the dollars per pet animal.
public in this state, in a newspaper or other publication, or (3)(a) It is unlawful for any person, who knows or has
in the form of a book, notice, hand-bill, poster, bill, circular, reason to know that a pet animal has been stolen or fraudu-
pamphlet, or letter, or in any other way, an advertisement of lently obtained, to sell or otherwise transfer the pet animal
any sort regarding merchandise, securities, service, or to another who the person knows or has reason to know has
anything so offered to the public, which advertisement previously sold a stolen or fraudulently obtained pet animal
contains any assertion, representation or statement of fact to a research institution in the state of Washington.
which is untrue, deceptive or misleading, shall be guilty of (b) A conviction under (a) of this subsection is a class
a misdemeanor: PROVIDED, That the provisions of this C felony and shall be punishable as prescribed under RCW
section shall not apply to any owner, publisher, agent, or 9A.20.021(1)(c) and by a mandatory fine of not less than
employee of a newspaper for the publication of such one thousand dollars per pet animal.
advertisement published in good faith and without knowledge (4)(a) It is unlawful for a U.S.D.A. licensed dealer to
of the falsity thereof. [1913 c 34 § 1; RRS § 2622-1.1 receive with intent to sell, or sell or transfer directly or
through a third patty, to a research institution in the state of
Washington, a pet animal that the dealer knows or has
9.08.065 Definitions. As used in RCW 9.08.070: reason to know has been stolen or fraudulently obtained.
(1) "Pet animal' means a tamed.or domesticated animal (b) A conviction under (a) of this subsection is a class
legally retained by a person and kept as a companion. 'Pet C felony and shall be punishable as prescribed under RCW
animal" does not include livestock. raised for commercial 9A.20.021(1)(c) and by a mandatory fine of not less than
purposes. one thousand dollars per pet animal.
(2) "Research institution" means a facility licensed by (5) The sale, receipt, or transfer of each individual pet
Ae United States department of agriculture to use animals in animal in violation of subsections (1), (2), (3), and (4) of
biomedical or product research. this section constitutes a separate offense.
(3) "U.S.D.A. licensed dealer" means a person who is (6) The provisions of subsections (1), (2), (3), and (4)
licensed or required to be licensed by the United States of this section shall not apply to the lawful acts of any
department of agriculture to commercially buy, receive, sell, employee, agent, or director of any humane society, animal
negotiate for sale, or transport animals. [1989 c 359 § 1.] control agency, or animal shelter operated by or on behalf of
any government agency, operating under law. [1989 c 359
9.08.070 Pet animals—Taking, concealing, injuring, § ; 1982 c 114 § 1.]
killing, etc—Penalty. (1) Any person who, with intent to Application of Consumer Protection Act: RCW 19,86.145.
deprive or defraud the owner thereof; does any of the
following shall be guilty of a gross misdemeanor and shall
be punished as prescribed under RCW 9A 20.021(2) and by 9.12.010 Barratry. Every person who brings on his
a mandatory fine of not less than five hundred dollars per or her own behalf, or instigates, incites, or encourages
pet animal except as provided by (d) of this subsection: another to bring, any false suit at law or in equity in any
(a) Takes, leads away, confines, secretes or converts any court of this state, with intent thereby to distress or harass a
pet animal, except in cases in which the value of the pet defendant in the suit, or who serves or sends any paper or
animal exceeds two hundred fifty dollars; document purporting to be or resembling a judicial process,
(b) Conceals the identity of any pet animal or its owner that is not in fact a judicial process, is guilty of a misde-
by obscuring, altering, or removing from the pet animal any meanor; and in case the person offending is an attorney, he
collar, tag, license, tattoo, or other identifying device or or she may, in addition thereto be disbarred from practicing
mark. law within this state. [1995 c 285 § 27; 1915 c 165 § 1;
(c) Willfully or recklessly kills or injures any pet 1909 c 249 § 118; Code 1881 § 901; 1873 p 204 § 100;
animal, unless excused by law. 1854 p 92 § 91; RRS § 2370.1
(d) Nothing in this subsection or Subsection (2) of this Effective date-1995 c 285: See RCW 48.30A.900.
section shall prohibit a person from also being convicted of Attorneys at lax,: Chapter 2.44 RCW_
separate offenses under RCW 9A.56.030, 9A.56.040, or
9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or State bar act: Chapttr 2.48 RCW.
'A.56.170 for possession of stolen property.
(2)(a) It is unlawful for any person to receive with
intent to sell to a research institution in the state of Washing-
ton, or sell or otherwise directly transfer to a research
institution in the state of Washington. a pet animal that the
Z � 38
9.18.080 Offender a competent witness. Every 9.24.040 Corporation doing business without
person offending against any of the provisions of law license. Every corporation, whether domestic or foreign, and
relating to bribery or corruption shall be a competent witness every person representing or pretending-to represent such
against another so offending and shall not be excused from corporation as an officer, agent or employee thereof, who
giving testimony tending to criminate himself. [1909 c 249 shall transact, solicit or advertise for any business in this
§ 78; RRS § 2330. Cf. 1907 c 60 §§ 1, 2; RRS §§ 2149, state, before such corporation shall have obtained from the
2150.1 officer lawfully authorized to issue the same, a certificate
that such corporation is authorized to transact business in
this state, shall be guilty of a gross misdemeanor. [1909 c
9.18.120 Suppression of competitive bidding. When 249 § 389; RRS § 2641. Formerly RCW 9.45.130.1
any competitive bid or bids are to be or have been solicited,
requested, or advertised for by the state of Washington, or 9.26A.090 Telephone company credit cards—
any county, city, town or other municipal corporation Prohibited acts. Every person who sells, rents, lends, gives,
therein, or any department of either thereof, for any work or advertises for sale or rental, or publishes the credit card
improvement to be done or constructed for or by such state, number of an existing, canceled, revoked, expired, or nonex-
county, city, town, or other municipal corporation, or any istent telephone company credit card, or the numbering or
department of either thereof, it shall be unlawfui for any coding that is employed in the issuance of telephone compa-
person acting for himself or as agent of another, or as agent nv credit cards or access devices, with the intent that-it be
for or as a member of any partnership, unincorporated firm used or with knowledge or reason to believe that it will be
or association, or as an officer or agent of any corporation, used to avoid the payment of any lawful charge. shall be
to offer, give, or promise to give, any money, check, draft, guilty of a gross misdemeanor. [1990 c 11 § 3; 1974 ex.s.
property, or other thing of value, to another or to any firm, c 160 § 1.]
association, or corporation for the purpose of inducing such
other person, firm, association, or corporation, either to 9.26A.100 Definitions. Unless the context clearly
refrain from submitting any bids upon such public work or requires otherwise, the definitions in this section apply
improvement, or to enter into any agreement, understanding throughout this chapter.
or arrangement whereby full and unrestricted competition for (1) "Access device" shall have the same meaning as that
the securing of such public work will be suppressed, contained in RCW 9A.56.010.
prevented, or eliminated; and it shall be unlawful for any (2) "Computer" means an electronic, magnetic. optical,
person to solicit, accept, or receive any money, check, draft. electrochemical, or other high speed data processing device
property, or other thing of value upon a promise or under- performing logical, arithmetic, or storage functions, and
standing, express or implied, that he individually or as an ncludes any data storage facility or communications facility
agent or officer of another person, persons, or corporation, directly related to or operating in conjunction with such
will refrain from bidding upon such public work or improve- device, but does not mean an automated typewriter or
ment, or that he will on behalf of himself or such others typesetter, portable hand held calculator, or other similar
submit or permit another to submit for him any bid upon device.
such public work or improvement in such sum as to elimi- 31 "Computer trespass" shall have the same meaning as
nate full and unrestricted competition thereon. [1921 c 12 that contained in chapter 9A.52 RCW.
§ 1; RRS § 2333-1.1 (4) "Credit card number" means the card number or
coding appearing on a credit card or other form of authoriza-
9.18.130 Collusion to prevent competitive bidding. Lion, including an identification card or plate issued to a
It shall be unlawful for any person for himself or as an agent person by any telecommunications provider that permits the
or officer of any other person, persons, or corporation to in person to whop, it has been issued to obtain telecommunica-
anv manner enter into collusion or an understanding with bons service on credit. Tr:e term includes the number or
any other person, persons, or corporation to prevent or description of the card or plate, ever. if the card or plate
eliminate full and unrestricted competition upon any public itself is not produced at the time the telecommunications
work or improvement mentioned in RCW 9.18.120. [1921 service is obtained.
c 12 § 2; RRS § 2333-2.1 (5) "Publish" means the communication or dissemination
of information to any one or more persons: (a) Orally, in
person, or by telephone, radio, or television: (b) in a writing
9.18.140 Penalty. Any person violating any provi- of any kind. including without limitation a letter or memo-
sions of RCW 9.18.120 through 9.18.150 shall be guilty of randum, circular or handbill, newspaper or magazine article,
a gross misdemeanor. [1921 c 12 § 3; RRS § 2333-3.] or book. or (c) electronically, including by the use of
recordings, computer networks, bulletin boards, or other
9.18.150 Agreements outside state. It shall be no rneans of electronic storaee and retrieval.
defense to a prosecution under RCW 9.18.120 through Wi "Telecommunications" shall have the same meanine
9.18.150 that a payment or promise of payment of any as that contained in RCW 80.04.010 and includes telecom-
money, check, draft, or anything of value, or any other munications service that originates, terminates, or both
understanding or arrangement to eliminate unrestricted originates and terminates in this state.
competitive bids was had or made outside of the state of ' "Telecommunications company" shall have the same
Washington, if such work or improvement for which bids are meaning as that contained in RCW 30.04.010.
called is to be done or performed within the state. (1921 c (8) "Telecommunications device" means any operating
12 § 4; RRS § 2333-4.1 procedure or code, instrument, apparatus, or equipment
3 36
designed or adapted for a particular use, and which is other receptacle designed to receive lawful coin of the
hapter, and United States of America in connection with the sale, use or
intended or can be used in violation of this c
includes, but is not limited to, computer hardware, software, enjoyment of property or service, any ware, wares, mer-
g
id programs; electronic mail system; voice mail system; chandise, gas, electric current, article of value, or the use or
private branch exchange; or any other means of facilitating enjoyment of any telephone or telegraph facilities or service
telecommunications service. without depositing in and surrendering to such machine,
(9) "Telephone company" means any local exchange coin-box telephone or receptacle lawful coin of the United
company, as defined in RCW 80.04.010. (1990 c 11 § 1.1 States of America to the amount required therefor by the
owner, lessee or licensee of such machine, coin-box tele-
phone or receptacle, shall be guilty of a misdemeanor.
9.26A.110 Fraud in obtaining telecommunications [1929 c 184 § 1; RRS § 5842-1. Formerly RCW 9.45.180.1
service—Penalty. (1) Every person who, with intent to 9.26A.130 Penalty for manufacture or sale of slugs
evade the provisions of any order or rule of the Washington to be used for coin. Any person who, with intent to cheat
utilities and transportation commission of any tariff, price or defraud the owner, lessee, licensee or other person entitled
commission by any
list, contract, or anytelephone, te]egraph, or telecommunica-
other filing lawfully submitted to said to the contents of any coin-box telephone or other receptacle,
of
tions company, or with intent to defraud, obtains telephone, depository or contrivance, designed receive lawful coin s
telegraph, or telecommunications service from any telephone, the United States of America in connea receive
with the sale, use
or enjoyment of property or service,
telegraph, or telecommunications company through: (a) The who, knowing or
having cause to believe, that the same
e is intended for
use of a false or fictitious name or telephone number: (b) the unlawful use, shall manufacture for sale, or sell or give away
unauthorized use of the name or telephone number of an slug, device, or substance whatsoever intended or
another, (c) the physical or electronic installation of, rear- calculated to be placed or deposited in any coin-box tele-
rangement of, or tampering with any equipment, or use of a hone or other such receptacle, depository or contrivance,
telecommunications device; (d) the commission of computer shall be guilty of a misdemeanor. [1929 c 184 § 2; RRS §
trespass; or (e) any other trick, deceit, or fraudulent device. 5842-2. Formerly RCW 9.45.190.]
shall be guilty of a misdemeanor. If the value of the
telephone, telegraph, or telecommunications service that any 9 27.015 Interference, obstruction of any court,
person obtains in violation of this section during a period of building, or residence—Violations. Whoever, interfering
ninety days exceeds: with, obstructing, or impeding the administration of justice,
(a) Fifty dollars in the aggregate, then such person shall
ti guilty of a Bross misdemeanor; pickets or parades in or near a building housing a court of
gu
(il Two hundred fifty dollars in the aggregate, then such the state of Washington or any political subdivision thereof,
or in or near a building or residence occupied or used by
person shall be guilty i f a class C felony.
However, for any act that constitutes a violation of both such judge, juror, witness, or court officer, or uses any
this subsection and subsection on of this section the f o both
sound-truck or similar device or resorts to any other demon-
this s b subsection subsection
e this section shall be exclusive. stradon in or near any such building or residence, shall be
sioguilty of a gross misdemeanor.
(2) Every person who:
(a) Makes. possesses, sells gives, or otherwise transfers Nothing in this section shall interfere with or prevent
to another a telecommunications device with intent to use it the exercise by any court of the state of Washington or any
or with knowledge or reason to believe it is intended to be political subdivision thereof of its power to punish for
used to avoid any lawful telephone or telegraph toll charge contempt. [1971 ex.s. c 302 § 16.1
or to conceal the existence or place of origin or desunation 9.38.010 False representation concerning credit.
of any telephone or telegraph message: or Every person who, with intent thereby to obtain credit or
b) Sells. gives, or otherwise transfers to another plans financial rating, shall wilfully make any false statement in
or instructions for making or assembling a telecommunica- writing of his assets or liabilities to any person with whom
tions device described in subparagraph (a) of this subsection he may be either actually or prospectively engaged in any
with knowledge or reason to believe that the plans may be business transaction or to any commercial agency or other
used to make or assemble such device person engaged in the business of collecting or disseminating
shall be guilty of a felony. [1990 c 1 I § :: 1981 c :5_ § l: information concerning financial or commercial ratings, shall
1977 ex.s. c 42 § 1; 1974 ex.s. c 160 § 2; 1972 ex.s. c 75 § be guilty of a misdemeanor. [1909 c 249 § 368; RRS §
1; 1955 c 114 § 1. Formerly RCW 9.45.240.1 2620.1
9.38.015 False statement by deposit account appli-
9.26A.120 Fraud in operating coin-box telephone or cant. (1) It is a gross misdemeanor for a deposit account
other receptacle. Any person who shall knowingly and applicant to knowingly make any false statement to a fi-
wilfully operate, or cause to be operated, or who shall nancial institution regarding:
attempt to operate, or attempt to cause to be operated, [any) (a) The applicant's identity;
coin-box telephone or other receptacle designed to receive (b) Past convictions for cnmes involving fraud or decep-
wful coin of the United States of America in connection tion. or
with the sale, use or enjoyment of property or service, by (c) Outstanding judgments on checks or drafts issued by
means of a slug or any false, counterfeited, mutilated, the applicant.
sweated or foreign coin, or by any means, method, trick or (2) Each violation of subsection (1) of this section after
device whatsoever not lawfully authorized by the owner, the thirc violation is a class C felony punishable as provided
lessee, or licensee of such machine, coin-box telephone or in chapter 9A.20 RCW. [1995 c 186 § 4.]
4 0�- 38
9.38.020 False representation concerning title. mechanism or instrument not requiring that the trigger be
Every person who shall maliciously or fraudulently execute pressed for each shot and having a reservoir clip, disc, drum,
or file for record any instrument, or put forward any claim, belt, or other separable mechanical device for storing,
by which the right or title of another to any real property is, carrying, or supplying ammunition which can be loaded intc
or purports to be transferred, encumbered or clouded, shall the firearm, mechanism, or instrument, and fired therefrom
be guilty of a gross misdemeanor. 11909 c 249 § 369; RRS at the rate of five or more shots per second.
§ 2621.] (8) "Antique firearm" means a firearm or replica of a
firearm not designed or redesigned for using rim fire or
9.40.100 Tampering with fire alarm or fire fighting conventional center fire ignition with fixed ammunition and
equipment—False alarm—Penalties. (1) Any person who manufactured in or before 1898, including any matchlock,
willfully and without cause tampers with, molests, injures or flintlock, percussion cap, or similar type of ignition system
breaks any public or private fire alarm apparatus, emergency and also any firearm using fixed ammunition manufactured
phone, radio, or other wire or signal, or any fire fighting in or before 1898, for which ammunition is no longer
equipment, or who willfully and without having reasonable manufactured in the United States and is not readily avail-
grounds for believing a fire exists, sends, gives, transmits, or able in the ordinary channels of commercial trade.
sounds any false alarm of fire, by shouting in a public place (9) "Loaded" means:
or by means of any public or private fire alarm system or (a) There is a cartridge in the chamber of the firearm;
signal, or by telephone, is guilty of a misdemeanor. This (b) Cartridges are in a clip that is locked in place in the
provision shall not prohibit the testing of fire alarm systems firearm:
by persons authorized to do so, by a fire department or the (c) There is a cartridge in the cylinder of the firearm, if
chief of the Washington state patron, through the director of the firearm is a revolver;
fire protection. (d) There is a cartridge in the tube or magazine that is
(2) Any person who willfully and without cause tampers inserted in the action; or
with, molests, injures, or breaks any public or private fire (e) There is a ball in the barrel and the firearm is
alarm apparatus, emergency phone, radio, or other wire or capped or primed if the firearm is a muzzle loader.
signal, or any fire fighting equipment with the intent to (10) "Dealer" means a person engaged in the business
commit arson, is guilty of a felony. (1995 c 369 § 3; 1990 of selling firearms at wholesale or retail who has, or is
c 177 § l; 1986 c 266 § 80; 1967 c 204 § 1.1 required to have, a federal firearms license under 18 U.S.C.
Sec. 923(a). A person who does not have, and is not
9.41.010 Terms defined. Unless the context clearly required to have, a federal firearms license under 18 U.S.C.
requires otherwise, the definitions in this section apply Sec. 923(a), is not a dealer if that person makes only
throughout this chapter. occasional sales, exchanges, or purchases of firearms for the:
(1) "Firearm" means a weapon or device from which a enhancement of a personal collection or for a hobby, or sells
projectile or projectiles may be fired by an explosive such as all or part of his or her personal collection of firearms.
gunpowder. (11) "Crime of violence" means:
(2) "Pistol" means any firearm with a barrel less than (a) Any of the following felonies, as now existing or
sixteen inches in length, or is designed to be held and fired hereafter amended: Any felony defined under any law as a
class A felonv or an attempt to commit a class A felony,
by the use of a single hand.
(3) "Rifle" means a weapon designed or redesigned, criminal solicitation of or criminal conspiracy to commit a
made or remade, and intended to be fired from the shoulder class A felony, manslaughter in the first degree, manslaugh-
and designed or redesigned, made or rep- ie , and intended ter in the second degree, indecent liberties if committed by
to use the energy of the explosive in a fixed metallic car- forcible compulsion, kidnapping in the second degree, arson
tridge to fire oniv a single projectile through a rifled bore for in the second degree, assault in the second degree, assault of
each single pull of the nigger. a child in the second degree, extortion in the first degree,
(4) "Short-barreled rifle" means a rifle having one or burglary in the second degree, residential burglary, and
more barrels less than sixteen inches in length and any robbery in the second degree;
weapon made from a rifle by any means of modification if (b) Any conviction for a felony offense in effect at any
such modified weapon has an overall length of less than time prior to June 6, 1996, which is comparable to a felony
twentv-six inches. classified as a crime of violence in (a) of this subsection;
(5) "Shotgun" means a weapon with one or more and
barrels, designed or redesigned, made or remade, and (c i Any federal or out-of-state conviction for an offense
intended to be fired from the shoulder and designed or rede- comparable to a felony classified as a crime of violence
signed, made or remade, and intended to use the energy of under (a) or (b) of this subsection.
the explosive in a fixed shotgun shell to fire through a (12) "Serious offense" means any of the following
smooth bore either a number of ball shot or a single projec- felonies or a felony attempt to commit any of the following
tile for each single pull of the trigger. felonies. as now existing or hereafter amended:
(6) "Short-barreled shotgun" means a shotgun having (a) Any crime of violence:
one or more barrels less than eighteen inches in length and (b i Any felony violation of the uniform controlled
anv weapon made from a shotgun by any means of modifi- substances act, chapter 69.50 RCW, that is classified as a
cation if such modified weapon has an overall length of less class B felony or that has a maximum term of imprisonment
than twenty-six inches. of at ieast ten years:
(7) "Machine gun" means any firearm known as a ici Child molestation in the second degree:
machine gun, mechanical rifle, submachine gun, or any other tdi Incest when committed against a child under age
tourteen.
5 � S8
(e) Indecent liberties: concealed pistol and: (a) The pistol is on the licensees
(f) Leading organized crime: person, (b) the licensee is within the vehicle at all times that
(g) Promoting prostitution in the first degree; the pistol is there, or (c) the licensee is away from the vehi-
r (h) Rape in the third degree: cle and the pistol is locked within the vehicle and concealed
(i) Reckless endangerment in the first degree; from view from outside the vehicle.
ij) Sexual exploitation: (3) A person at least eighteen years of age who is in
(k) Vehicular assault: possession of an unloaded pistol shall not leave the unloaded
(1) Vehicular homicide. when proximately caused by the pistol in a vehicle unless the unloaded pistol is locked within
drivine of any vehicle by any person while under the the vehicle and concealed from view from outside the
influence of intoxicating liquor or any drug as defined by vehicle.
RCW 46.61.502, or by the operation of any vehicle in a (4) Except as otherwise provided in this chapter. no
reckless manner; person may carry a firearm unless it is unloaded and
(m) Any other class B felony offense with a finding of enclosed in an opaque case or secure wrapper or the person
sexual motivation, as "sexual motivation" is defined under is:
RCW 9.94A.0X (a) Licensed under RCW 9.41.070 to carry a concealed
(n) Any other felony with a deadly weapon verdict pistol:
under RCW 9.94A.125; or (b) In attendance at a hunters safety course or a fire-
(o) Any felony offense in effect at any time prior to arms safety course;
June 6, 1996, that is comparable to a serious offense, or any (c) Engaging in practice in the use of a firearm or target
federal or out-of-state conviction for an offense that under shooting at an established range authorized by the governing
the laws of this state would be a felony classified as a body of the jurisdiction in which such range is located or
serious offense. any other area where the discharge of a firearm is not
(13) "Law enforcement officer" includes a general prohibited:
authority Washington peace officer as defined in RCW (d) Engaging in an organized competition involving the
10.93.020, or a specially commissioned Washington peace use of a tirearm, or participating in or practicing for a
officer as defined in RCW 10.93.020. "Law enforcement performance by an organized group that uses firearms as a
officer" also includes a limited authority Washington peace part of the performance;
officer as defined in RCW 10.93.020 if such officer is duiv (e) Engaging in a lawful outdoor recreational activity
authorized by his or her employer to carry a concealed such as hunting, fishing, camping, hiking, or horseback
pistol riding. only if, considering all of the attendant circumstances.
(14) "Felony" means any felony offense under the laws including but not limited to whether the person has a valid
F this state or any federal or out-of-state offense comparable hunting or inshing license, it is reasonable to conclude that
to a felony offense under the laws of this state. the person is participating in lawful outdoor activities or is
(15) 'Sell" refers to the actual approval of the delivery travelm, to or from a legitimate outdoor recreation area:
of a firearm in consideration of payment or promise of (f) in an area where the discharge of a firearm is
payment of a certain price in money. permitted. and is not trespassing;
(16) 'Barrel length" means the distance from the bolt (g) Traveling with any unloaded fireartm in the person's
face of a closed action down the length of the axis of the possession to or from any acuviry described in (b). (c), (d),
bore to the crown of the muzzle, or in the case of a barrel (e). or (f) of this subsection, except as provided in (h) or this
with attachments to the end of any legal device permanently subsection:
attached to the end of the muzzle. (h� Traveiing in a motor vehicle with a firearm, other
(17) "Family or household member" means "family" or man a pistol. that is unloaded and locked in the trunk or
"household member" as used in RCW 10.99.020. [1996 c other ompartment of the vehicle, placed in a gun rack. or
295 § I. Prior: 1994 sp.s. c 7 § 401; 1994 c 121 § 1' prior: otherwise secured in place in a vehicle, provided that this
1992 c 205 § 117; 1992 c 145 § 5; 1983 c 232 § 1; 1971 subsection �.4)(h) does not apply- to motor homes if the
ex.s. c 302 § 1: 1961 c 124 § l; 1935 c 172 § I; RRS § irearms are not within the driver s compartment of the
_516-1.1
motor home while the vehicle is in ooeration. Notwithstand-
trig iai of this subsection, and subject to federal and state
9.41.050 Carrying firearms. (1)(a) Except in the par: resulations regarding firearm possession therein. a
person's place of abode or fixed place of business, a person motor home shall be considered a residence when parked at
shall not carry a pistol concealed on his or her person a recreational park. campground, or other temporan resider-
without a license to carry a concealed pistol. tial setting for the purposes of enforcement of this chapter:
(b) Every licensee shall have his or her concealed pistol On real prooerry under the control of the person or
license in his or her immediate possession at all times that a relative of the person;
he or she is required by this section to have a concealed At his or her residence:
pistol license and shall display the same upon demand to any k I a member of the armed forces of the United
police officer or to any other person when and if required by States. -iauonal guard. or organized reserves, when on dutN:
law to do so. Any violation of this subsection (1)(bl shall (I Is a law enrorcement officer:
be a class I civil infraction under chapter ",.84 RCW and m; Carrying a firearm from or to a vehicle for :he
,hall be punished accordingly pursuant to chapier *7.84 purpose of taking or removing the firearm to or from a place
RCW and the infraction rules for courts of limited jurisdic- of business for repair: nr
tion. tni An armed private security guard or armed private
(2) A person shall not carry or place a loaded Pistol in detective .icensed by the department of licensing, whiie on
any vehicle unless the person has a license to carry a duty or trimute to and from employment.
64Du
(5) Violation of any of the prohibitions of subsections removed, or obliterated the same. This section shall not
apply to replacement barrels in old firearms, which barrels
(2) through (4) of this section is a misdemeanor.
(6) Nothing in this section permits the possession of are produced by current manufacturers and therefor do not
firearms illegal to possess under state or federal law. have the markings on the barrels of the original manufactui
(7) Any city, town, or county may enact an ordinance ern who are no longer in business. This section also shall'"'
to exempt itself from the prohibition of subsection (4) of this not apply if the changes do not make the firearm illegal for
section. [1996 c 295 § 4; 1994 sp.s. c 7 § 405: 1982 I st c 7§ 9 1961 rson to sce124 §ss d10; 935 c er state or federal
114: RRS 9§ 2594 p16-
ex.s. c 47 § 3: 1961 c 124 § 4: 1935 c 172 § 5: RRS §
2516-5.1
l4.]
9.41.230 Aiming or discharging firearms, dangerous
9.41.060 Exceptions to restrictions on carrying weapons. (1) For conduct not amounting to a violation of
firearms. The provisions of RCW 9.41.050 shall not apply chapter 9A.36 RCW, any person who:
to: (a) .Aims any firearm, whether loaded or not. at or
(1) Marshals, sheriffs. prison or jail wardens or their towards any human being:
deputies. or other law enforcement officers; (b) Willfully discharges any firearm, air gun, or other
(2) Members of the armed forces of the United States or weapon. or throws any deadly missile in a public place, or
of the national guard or organized reserves, when on duty: in any place where any person might be endangered thereby.
(3) Officers or employees of the United States duly A public place shall not include any location at which fire-
authorized to carry a concealed pistol: arms are authorized to be lawfully discharged; or
(4) Any person engaged in the business of manufactur- tc 1 Except as provided in RCW 9.41.185, sets a so-
ing, repairing, or dealing in firearms, or the anent or repre- called trap, spring pistol, rifle, or other dangerous weapon,
sentarive of the person, if possessing, using, or carrying a although no injury results. is guilty of a gross misdemeanor
pistol in the usual or ordinary course of the business; punishable under chapter 9A.20 RCW.
(5) Regularly enrolled members of any organization (2) If an injury results from a violation of subsection (1)
duly authorized to purchase or receive pistols from the of this section, the person violating subsection (1) of this
United States or from this state: section shall be subject to the applicable provisions of
(6) Regularly enrolled members of clubs organized for chapters 9A.32 and 9A.36 RCW. [1994 sp.s. c 7 § 422;
the purpose of target shooting. when those members are at 1909 c 249 § 307; 1888 p 100 §§ 2. 3; RRS § 2559.1
or are going to or from their places of target practice:
(7) Regularly enrolled members of clubs organized for g,41.240 Possession of pistol by person frog
the purpose of modern and antique firearm collecting, when eighteen to twenty-one. Unless an exception under RCW`
those members are at or are going to or trom their 9.41.042, 9.41.050, or 9.41.060 applies, a person at least
collector's gun shows and exhibits: eighteen years of age, but less than twenty-one vears of age.
(8) Any person engaging in a iawful outdoor recreation- may possess a pistol only:
al activity such as hunting. fishing, camoing. hiking, or (I) In the person's place of abode;
horseback riding. oniv if, considering all of the attendant (2) At the person's fixed place of business; or
circumstances. including but not limited to whether the (3) On real property under his or her control. [1994
person has a valid hunting or fishing license. it is reasonable sps. c - § 423; 1971 c 34 § I; 1909 c 249 § 308; 1883 p 67
to conclude that the person is participating in lawful outdoor § l: RRS § 2560.1
: 19
activities or is traveling to or from a legitimate outdoor
recreation area: 9.41.250 Dangerous weapons—Penalty. Every
(9) Any person while carrying a pistol unloaded and in
person who.
a closed opaque case or secure wrapper: or (1 Manufactures-sells, or disposes of or possesses anv
(10) Law enforcement officers retired for service or instrument or weapon of the kind usually known as slung
physical disabilities. except for those law enforcement shot. sand club. or metal knuckles, or spring blade knife_ or
officers retired because of mental or stress-related disabiii- anv knife the blade of which is automatically released by a
ties. This subsection applies only to a retired officer who
has: (a) Obtained documentation from a law enforcement spnng mechanism or other mechanical device, or any knife
agency within Washington state from which he or she retired having a blade which opens, or falls, or is ejected into
mat is signed by the agency's chief law enforcement officer position by the force of gravity. or by an outward, down-
and that stales that the retired officer was retired for service ward, or centrifugal thrust or movement:
(2) Furtively carries with intent to conceal anv dagger,
or physical disability: and (b) not been convicted or a crime dirk, pistol. or other dangerous weapon: or
making him or her ineligible for a concealed pistol license. (3) Uses anv contrivance or device for suppressing the
1996 c 295 § 5: 1995 c 392 § 1: 1994 sp.s. c 7 § 406: 1961
c 124 § 5; 1935 c 172 § 6: RRS § 2516-(i.', noise of anv trearm.
s guilty of a gross misdemeanor punishable under chapter
9.41.140 alteration of identifying marks— 9A.20 RCW [1994 sp.s. c 7 § 424; 1959 c 143 § 1. 1957
Exceptions. No person may change, alter, remove, or c 93 § 1: 1.909 c 249 § 265: 1886 p 81 § 1: Code 1881 §
obliterate the name of the maker, model. manufacturer's 929: RRS § 2517.
number, or other mark of identification on any firearm.
Possession of any firearm upon which any such mark shall
have been changed, altered. removed, or obliterated. shall be
prima facie evidence that the possessor has changed. altered.
-7455
9.41.260 Dangerous exhibitions. Every proprietor, (2) Any such person violating subsection (1) of this
r any plat section is guilty of a Bross misdemeanor. If any person is
lessee, or occupant of any place of amusement. o
of wound or building. who allows it to be used for the convicted of a violation of subsection (1)(a) of this section,
ihibition of skill in throwing any sharp instrument or in the person shall have his or her concealed pistol license, if
shooting any bow gun or firearm of any description, at or any revoked for a period of three years. Anyone convicted
toward any human being, is guilty of a misdemeanor under this subsection is prohibited from applying for a
punishable under chapter 9A.20 RCW. 11994 sp.s. c 7 § concealed pistol license for a period of three years. The
425; 1909 c 249 § 283; RRS § 2535.] court shall send notice of the revocation to the department of
licensing. and the city, town, or county which issued the
license.
9.41.270 Weapons apparently capable of producing Any violation of subsection (1) of this section by
bodily harm—Unlawful carrying or handling—Penalty— elementary or secondary school students constitutes grounds
Exceptions. (1) It shall be unlawful for any person to carry, for expulsion from the state's public schools in accordance
exhibit, display, or draw any firearm, dagger, sword, knife with RCW 28A.600.010. An appropriate school authority
or other cutting or stabbing instrument, club, or any other shall promptly notify law enforcement and the student's
weapon apparently capable of producing bodily harm. in a parent or guardian regarding any allegation or indication of
manner, under circumstances, and at a time and place that such violation.
either manifests an intent to intimidate another or that (3) Subsection (1) of this section does not apply to:
warrants alarm for the safety of other persons. (a) Any student or employee of a private military
(2) Any person violating the provisions of subsection (1) academy when on the property of the academy;
above shall be guilty of a gross misdemeanor. If any person (b) Any person engaged in military, law enforcement, or
is convicted of a violation of subsection (1) of this section, school district security activities;
the person shall lose his or her concealed pistol license, if (c) Any person who is involved in a convention,
any. The court shall send notice of the revocation to the showing, demonstration, lecture, or firearms safety course
department of licensing, and the city, town, or county which authorized by school authorities in which the firearms of
issued the license. collectors or instructors are handled or displaved;
(3) Subsection (1) of this section shall not apply to or (d) Any person while the person is participating in a
affect the following: firearms or air gun competition approved by the school or
(a) Any act committed by a person while in his or her school district:
place of abode or fixed place of business; (e) Any person in possession of a pistol who has been
(b) Any person who by virtue of his or her office or issued a license under RCW 9.41.070, or is exempt from the
tblic employment is vested by law with a duty to preserve licensing requirement by RCW 9.41.060. while picking up or
public safety, maintain public order., or to make arrests for dropping off a student:
offenses. while in the performance of such duty; (f) Any nonstudent at least eighteen years of age legally
(c) Any person acting for the: purpose of protecting in possession of a firearm or dangerous weapon that is
himself or herself against the use of presently threatened secured within an attended vehicle or concealed from view
unlawful force by another, or for the purpose of protecting within a locked unattended vehicle while conducting legiti-
another against the use of such unlawful force by a third mate business at the school:
person: (g; Any nonstudent at least eighteen years of age who
(d) Any person making or assisting in making a lawful is in lawful possession of an unloaded firearm. secured in a
arrest for the commission of a felony; or vehicle while conducting legitimate business at the school;
(e) Any person engaged in military activities sponsored or
by the federal or state governments. [1994 sp.s. c 7 § 426; (hi Any law enforcement officer of the federal, state, or
1969 c 8 § 1.) local government agency.
9.41.280 Possessing dangerous weapons on school (4' Subsections (I)(c) and (d) of this section do not
facilities—Penalty—Exceptions. (1) It is unlawful fora apply to any person who possesses nun-chu- e sticks.
person to carry onto. or to possess on, public or private throwing stars, or other dangerous weapons to be used in
martial arts classes authorized to be conducted on the school
elementary or secondary school premises, school-provided premises
transportation, or areas of facilities while being used exclu- (5; Except as provided in subsection (3)(b), (c), (f), and
lively by public or private schools: ih) of ;his section, firearms are not permitted in a public or
(a) Any firearm: private school building.
(b) Any other dangerous weapon as defined in RCW (6, "GUN-FREE ZONE" signs shall be posted around
9-41.250; school facilities giving warning of the prohibition of the
(c) Any device commonly known as "nun-chu-ka
possession of firearms on school grounds. [1996 c 295 § 13;
sticks", consisting of two or more lengths of wood, metal, 1995 c 87 § 1; 1994 sp.s. c 7 § 427, 1993 c 347 § 1; 1989
plastic, or similar substance connected with wire, rope, or c ,19 1982 1st ex.s. c 47 § 4.]
other means:
(d) Any device, commonly known as "throwing stars",
+hich are multi-pointed. metal objects designed to embed
upon impact from any aspect; or
(e) Any air gun, Including any air pistol or air rifle,
designed to propel a BB. pellet, or other projectile by the
discharge of compressed air, carbon dioxide, or other gas.
8 4 38
(i) Any pistol in the possession of a person licensed
9.41300 Weapons prohibited in certain places— under RCW 9.41.070 or exempt from the licensing require-
Local laws and ordinances—Exceptions—Penalty. (1) It ment by RCW 9.41.060; or
is unlawful for any person to enter the following places (ii) Any showing, demonstration, or lecture involving
when he or she knowingly possesses or knowingly has under the exhibition of firearms.
his or her control a weapon: (3)(a) Cities, towns, and counties may enact ordinances
(a) The restricted access areas of a jail, or of a law en- restricting the areas in their respective jurisdictions in which
forcement facility, or any place used for the confinement of firearms may be sold, but, except as provided in (b) of this
a person (i) arrested for, charged with, or convicted of an subsection, a business selling firearms may not be treated
offense, (ii) held for extradition or as a material witness, or more restrictively than other businesses located within the
(iii) otherwise confined pursuant to an order of a court, same zone. An ordinance requiring the cessation of business
except an order under chapter 13.32A or 13.34 RCW. within a zone shall not have a shorter grandfather period for
Restricted access areas do not include common areas of businesses selling firearms than for any other businesses
egress or ingress open to the general public; within the zone.
(b) Those areas in any building which are used in (b) Cities, towns, and counties may restrict the location
connection with court proceedings, including courtrooms, of a business selling firearms to not less than five hundred
jury rooms, judge's chambers, offices and areas used to feet from primary or secondary school grounds, if the
conduct court business, waiting areas. and corridors adjacent business has a storefront, has hours during which it is open
to areas used in connection with court proceedings. The for business, and posts advertisements or signs observable to
restricted areas do not include common areas of ingress and passersby that firearms are available for sale. A business
egress to the building that is used in connection with court selling firearms that exists as of the date a restriction is
proceedings, when it is possible to protect court areas with- enacted under this subsection (3)(b) shall be grandfathered
out restricting ingress and egress to the building. The according to existing law.
restricted areas shall be the minimum necessary to fulfill the (4) Violations of local ordinances adopted under
objective of this subsection (1)(b). subsection (2) of this section must have the same penalty as
In addition, the local legislative authority shall provide provided for by state law.
either a stationary locked box sufficient in size for pistols (5) The perimeter of the premises of any specific
and key to a weapon owner for weapon storage, or shall location covered by subsection (1) of this section shall be
designate an official to receive weapons for safekeeping, posted at reasonable intervals to alert the public as to the
during the owner's visit to restricted areas of the building. existence of any law restricting the possession of firearms on
The locked box or designated official shall be located within the premises.
the same building used in connection with court proceedings. (6) Subsection (1) of this section does not apply to:
The local legislative authority shall be liable for any negli- (ai A person engaged in military activities sponsored by
gence causing damage to or loss of a weapon either placed the federal or state governments, while engaged in official
in a locked box or left with an official during the owner's duties;
visit to restricted areas of the building. (b) Law enforcement personnel; or
The local judicial authority shall designate and clearly (c) Security personnel while engaged in official duties.
mark those areas where weapons are prohibited, and shall (7) Subsection (1)(a) of this section does not apply to a
post notices at each entrance to the building of the prohibi- person licensed pursuant to RCW 9.41.070 who, upon
tion against weapons in the restricted areas: entering the place or facility, directly and promptly proceeds
(c) The restricted access areas of a public mental health to the administrator of the facility or the administrator's
facility certified by the department of social and health designee and obtains written permission to possess the
services for inpatient hospital care and state institutions for firearm while on the premises or checks his or her firearm,
the care of the mentally ill, excluding those facilities solely The person may reclaim the firearms upon leaving but must
for evaluation and treatment. Restricted access areas do not immediately and directly depart from the place or facility.
include common areas of egress and ingress open to the (8) Subsection (1)(c) of this section does not apply to
general public; or any administrator or employee of the facility or to any
(d) That portion of an establishment classified by under the
state liquor control board as off-limits to persons person who, upon entering the place or facility, directly and
promptly proceeds to the administrator of the facility or the
twenty-one years of age. administrator's designee and obtains written permission to
(2) Cities, towns, counties, and other municipalities may possess the firearm while on the premises.
enact laws and ordinances: (9) Subsection (1)(d) of this section does not apply to
(a) Restricting the discharge of firearms in any portion the proprietor of the premises or his or her employees while
of their respective jurisdictions where there is a reasonable engaged in their employment.
likelihood that humans, domestic animals, or property will be (10) Any person violating subsection (1) of this section
jeopardized. Such laws and ordinances shall nor abridge the is guilty of a gross misdemeanor.
right of the individual guaranteed by Article I. section 24 of j 1 11 "Weapon" as used in this section means any
the state Constitution to bear arms in defense of self or firearm, explosive as defined in RCW 70.74.010, or instru-
others; and ment or weapon listed in RCW 9.41.250. (1994 sp.s. c 7 r
(b) Restricting the possession of firearms in any stadium 429; 1993 c 396 § I: 1985 c 428 2•1
or convention center, operated by a city, town. county, or
other municipality, except that such restrictions shall not
apply to: r
r
9.45.060 Encumbered, leased, or rented personal 9.45.080 Fraudulent removal of property. Every
—propertyConstruction. Every person being in possession person who, with intent to defraud a prior or subsequent
thereof, who shall sell, remove, conceal, convert to his own purchaser thereof, or prevent any of his property being made
'se, or destroy or connive at or consent to the sale, removal, liable for the payment of any of his debts, or levied upon by
an execution or warrant of attachment, shall remove any of
Conversion, concealment or destruction of any personal
property or any part thereof, upon which a security agree- his property, or secrete, assin, convey or otherwise dispose
g
ment, mortgage, lien, conditional sales contract, rental of the same, or with intent to defraud a creditor shall
agreement, or lease exists, with intent to hinder, delay, or remove, secrete, assign, convey or otherwise dispose of any
defraud the secured party of such security agreement, or the
of his books or accounts, vouchers or writings in any way
relating to business affairs, or destroy, obliterate. alter or
holder of such mortgage, lien, or conditional sales contract
erase an of such books of account. accounts, vouchers or
or the lessor under such lease or rentor of [under] such writing or any entry. memorandum or minute therein con-
rental agreement, or any assignee of such security agreement, tamed, shall be guilty of a gross in, [1909 c 249
mortgage, lien, conditional sales contract, rental agreement
or lease shall be guilty of a gross misdemeanor. § 379; RRS § 2631.]
In any prosecution under this section any allegation
9.45.090 Knowingly receiving fraudulent convey-
containing a description of the security agreement, mortgage,
ance.lien, conditional sales contract, rental agreement, or lease by conve Every person who shall receive any property savor
reference to the date thereof and names of the parties conveyance thereof from another, knowing that the same is
thereto, shall be sufficiently definite and certain. transferred or delivered to him in violation of, or with the
The provisions of this section shall be cumulative and intent to violate RCW 9.45.080, shall be guilty of a rrusde-
nonexclusive and shall not affect any other criminal provi- meanor. [1909 c 249 § 380: RRS § 2632.]
sion. [1971 c 61 § 1; 1965 ex.s. c 109 § 1; 1909 c 249 § 9.4$.100 Fraud in assignment for benefit of credi-
377; RRS § 2629.] tors. Every person who, having made, or being about to
9.45.062 Failure to deliver leased personal proper-
his a general assignment of his property to pav his debts.
ty—Requisites for prosecution—Construction. Eve shall by color or aid of any false or fraudulent represer.ta-
person being in possession thereof who shall wilfully and [ion, pretense, token or writing induce any creditor
participate in the benefits of such assignments, or to give
without reasonable cause fail to deliver leased personal any release or discharge of his claim or any part [hereof. or
property to the lessor within ten days after written notice of ;hall connive at the payment in whole or in part of any false.
the expiration of the lease has been mailed to the lessee by fraudulent or fictitious claim, shall be guilty of a gross
registered or certified mail with return receipt requested, misdemeanor. [1909 c 249 § 381; RRS § 2633.]
nailed to the last known address of the lessee, shall be
guilty of a gross misdemeanor: PROVIDED, That there 9.46.196 Cheating. No person participating in a
shall be no prosecution under this section unless such lease °ambling activity shall in the course of such participation,
is in writing, and contains a warning that failure to promptly directly or indirectly:
return the leased property may result in a criminal prosecu- (i', Employ or attempt to employ any device, scheme.
tion, and the notice mailed pursuant to the provisions of this or artifice to defraud any other participant or any operator,
section shall clearly state that the lessee may be guilty of a (2'. Engage in any act, practice, or course of operation
crime upon his failure to return the property to the lessor as would operate as a fraud or deceit upon any other
within ten days. participant or any operator:
In any prosecution under this section, any allegation 3', Engage in any act, practice, or course of operauon
containing a description of the lease by reference to the date while participating in a gambling activity with the intent of
thereof and names of the parties shall be sufficiently definite cheating any other participant or the operator to gain an
and certain. advantage in the game over the other participant or operator,
As used in this section, the term "lease" shall also or
include rental agreements. 4 i Cause, aid, abet, or conspire with another person to
The provisions of this section shall be cumulative and cause any other person to violate subsections (1) through (3)
nonexclusive and shall not affect any other criminal provi- of this section.
Sion. [1971 c 61 § 2.1 Any person violating this section shall be guilty of a
9.45.070 Mock auctions- Every person who shall gross misoemeanor subject to the penalty set forth in RCW
p 9A.20.021. [1991 c 261 § 8; 1977 ex.s. c 326 § 13.]
obtain any money or property from another or shall obtain
the signature of another to any writing the false making of 9.47A.010 Definition. As used in this chapter, the
which would be forgery, by color or aid of any false or phrase 'substance containing a solvent having the property
fraudulent sale of property or pretended sale of property by of releasing toxic vapors or fumes" shall mean and include
auction, or by any of the practices known as mock auction, any substance containing one or more of the following
shall be punished by imprisonment in a state correctional chemical compounds:
facility for not more than five years or in the county jail for (I ) Acetone;
not more than one year, or by a fine of not more than one ;2j ,\mylacetam;
thousand dollars, or by both fine and imprisonment. (3) Benzol or benzene;
Every person who shall buy or sell or pretend to buy or (4) Butyi acetate;
sell any goods, wares or merchandise, exposed to sale by 5) Butyl alcohol;
auction, if an actual sale, purchase and change of ownership (6) Carbon tetrachloride;
therein does not thereupon take place, shall be guilty of a ?, Chloroform;
misdemeanor. [1992 c 7 § 10: 1909 c 249 § 378: RRS § (8) Cyclohexanone;
2630.1 \Q 0 -50
-
person is guilty of a class C felony if either of the following
(9) Ethanol or ethyl alcohol: applies:
(10) Ethyl acetate; (a) That person has previously been convicted of any
(11) hexane; crime of harassment, as defined in RCW 9A.46.060, with the-
(12) Isopropanol or isopropyl alcohol; same victim or member of the victim's family or househok
(13) Isopropyl acetate; or any person specifically named in a no-contact or no-
(14) Methyl "cellosolve" acetate; harassment order in this or any other state; or
(15) Methyl ethyl ketone; (b) That person harasses another person under subsec-
(16) Methyl isobutyl ketone; tion (3) of this section by threatening to kill the person
(IT Toluol or toluene; threatened or any other person. [1992 c 186 § 6; 1985 c 288
(18) Trichloroethylene; § 11, 1967 c 16 § 1.1
(19) Tricresyl phosphate;
(20) Xylol or xylene; or 9.61.240 Telephone harassment—Permitting
(21) Any other solvent, material substance, chemical, or telephone to be used. Any person who knowingly permits
combination thereof, having the property of releasing toxic any telephone under his control to be used for any purpose
vapors. [1984 c 68 § 1; 1969 ex.s. c 149 § 1.1 prohibited by RCW 9.61.230 shall be guilty of a misdemean-
9.47A.020 Unlawful inhalation—Exception. It is
or. [1967c ]6 § 2.]
unlawful for any person to intentionally smell or inhale the 9.61.250 Telephone harassment—Offense, where
fumes of any type of substance as defined in RCW p
9.47A.010 or to induce any other person to do so, for the deemed committed. Any offense committed by use of a
telephone as set forth in RCW 9.61.230 may
purpose of causing a condition of, or inducing symptoms of y be deemed to from which the
intoxication, elation, euphoria, dizziness, excitement, irrado- have been committed either at the place
nal behavior, exhilaration, paralysis, stupefaction, or dulling telephone call or calls were made or at the place where the
of the senses of the nervous system, or for the purpose of, telephone call or calls were received. [1967 c 16 § 3.]
in any manner, changing, distorting, or disturbing the audio,
visual, or mental processes. This section does not apply to 9.62.010 Malicious prosecution. Every person who
the inhalation of any anesthesia for medical or dental
shall, maliciously and without probable cause therefor, cause
purposes. [1984 c 68 § 2; 1969 ex.s. c 149 § 2.1
or attempt to cause another to be arrested or proceeded
9.47A.030 Possession of certain substances prohibit- against for any crime of which he or she is innocent:
ed, when. No person may, for the purpose of violating
(1) If such crime be a felony, shall be punished b,
RCW 9.47A.020, use, or possess for the purpose of so using, imprisonment in a state correctional facility for not mor..
any substance containing a solvent having the property of than five years; and
releasing toxic vapors or fumes. 1.1984 c 68 § 3; 1969 ex.s. c meanor, shall be guilty of a misdemeanor. [1992 c 7 §h crime be a gross misdemeanor or d15;
c 149 § 3.] 1909 c 249 § 117; Code 1881 § 899; 1873 p 203 § 98; 1854
9.47A.040 Sale of certain substances prohibited, p 92 § 89; RRS § 2369.]
when. No person may sell, offer to sell, deliver, or give to
any other person any container of a substance containing a g,66.010 Public nuisance. A public nuisance is a
solvent having the property of releasing toxic vapors or crime against the order and economy of the state. Every
fumes, if he has knowledge that the product sold, offered for lace
sale,.del ivered, or given will be, used for the purpose set p Wherein an fighting between o le or animals or
forth in RCW 9.47A.020. [1984 c 68 § 4; 1969 ex.s. c 149 Y p
birds shall be conducted; or,
§ 4•1 ;2) Wherein any intoxicating liquors are kept for
9.47A.050 Penalty. Any person who violates this unlawful use, sale or distribution; or,
chapter shall be guilty of a misdemeanor and, upon convic- (3) Where vagrants resort; and
tion thereof, shall be punished by a fine of not more than Every act unlawfully done and every omission to
one hundred dollars or by imprisonment for not more than perform a duty, which act or omission
thirty days, or by both. [1969 ex.s. c 149 § 5.] (I) Shall annoy, injure or endanger the safety, health,
comfort, or repose of any considerable number of persons;
9.61.230 Telephone harassment Every person who, or.
with intent to harass, intimidate, torment or embarrass any O Shall offend public decency; or,
other person, shall make a telephone call to such other (�) Shall unlawfully interfere with, befoul, obstruct, or
person: tend to obstruct, or render dangerous for passage, a lake,
(1) Using any lewd, lascivious, profane, indecent, or navigable river, bay, stream, canal or basin, or a public park.
obscene words or language, or suggesting the commission of square, street, alley, highway, or municipal transit vehicle or
any lewd or lascivious act; or station: or,
(2) Anonymously or repeatedly or at an extremely (4) Shall in any way render a considerable number c
inconvenient hour, whether or not conversation ensues; or persons insecure in life or the use of property;
(3) Threatening to inflict injury on the person or Shall be a public nuisance. [1994 c 45 § 3; 1971 ex.s.
property of the person called or any member of his or her c 280 § 22; 1909 c 249 § 248; 1895 c 14 § 11; Code 1881 §
family or household; 1246: RRS § 2500.1
shall be guilty of a gross misdemeanor, except that the
11O� 36
9.66.030 Maintaining or pernrutting nuisance. Every (f) Defecation or urination for the purpose of sexual
person who shall commit or maintain a public nuisance, for stimulation of the viewer; and
"hich no special punishment is prescribed; or who shall (g) Touching of a person's clothed or unclothed genitals,
41fully omit or refuse to perform any legal duty relating to pubic area, buttocks, or breast area for the purpose of sexual
the removal of such nuisance; and every person who shall stimulation of the viewer.
let, or permit to be used, any building or boat, or portion (4) "Minor" ineans any person under eighteen years of
thereof, knowing that it is intended to be, or is being used, age. (5) "Live performance" means any play, show, skit,
for committing or maintaining any such nuisance, shall be dance, or other exhibition performed or presented to or
guilty of a misdemeanor. [1909 c 249 § 250; Code 1881 §
1248; 1875 81 § 14; RRS § 2502.1 before an audience of one or more, with or without con-
e sideration. [I989 c 32 § 1; 1984 c 262 § 2.]
9.66.050 Deposit of unwholesome substance. Every
n.
person who shall deposit, leave or keep, on or near a in sexually
Processors depictions of minor e
highway or route of public travel, on land or water, any un-
wholesome substance; or who shall establish, maintain or person who, in the course of processing or producing visual
carry on, upon or near a highway or route of public travel, or printed matter either privately or commercially, has
on land or water, any business, trade or-manufacture which reasonable cause to believe that the visual or printed matter
is noisome or detrimental to the public health; or who shall submitted for processing or producing depicts a minor
deposit or cast into any lake, creek or river, wholly or partly engaged in sexually explicit conduct shall immediately report
in this state, the offal from or the dead body of any animal, such incident, or cause a report to be made, to the proper
shall be guilty of a gross misdemeanor. [1909 c 249 § M5; law enforcement agency. Persons failing to do so are guilty
RRS § 2537.1 of a gross misdemeanor. [1989 c 32 y 5; 1984 c 262 § 7.)
9.68.130 "Sexually explicit material"—Defined— 9.68A.090 Communication with minor for immoral
purposes. A person who communicates with a minor for
Unlawful display. (1) A person is guilty of unlawful immoral purposes is guilty of a gross misdemeanor, unless
display of sexually explicit material if he knowingly exhibits such material on a viewing screen so that the sexually that person has previously been convicted under this section
or of a felony sexual offense under chapter 9.68A, 9A.44, or
explicit material is easily visible from a public thoroughfare,park or playground or from one or more family dwelling 9A.64 RCW or of any other felony sexual offense in this or
any other state, in which case the person is guilty of a class
units. C felony punishable under chapter 9A.20 RCW. [1989 c 32
(2) "Sexually explicit material" as that term is used in 3 f 1986 c punishable
§ 2; ]der c 262 § A.
c6is section means any pictorial material displaying direct
8.11
physical stimulation of unclothed genitals, masturbation, 9.63A.110 Certain defenses barred, permitted. (1)
sodomy (i.e. bestiality or oral or anal intercourse), flagella- In a prosecution under RCW 9.68A.G40, it is not a defense
tion or torture in the context of a sexual relationship, or that the defendant was involved :n activities of law enforce-
emphasizing the depiction of adult human genitals: PRO- ment and prosecution agencies in the investigation and pros-
VIDED HOWEVER, That works of art or of anthropological ecution of criminal offenses. Law enforcement and prosecu-
significance shall not be deemed to be within the foregoing uon agencies shall not employ minors to aid in the investiga-
defnition. uon of a violation of RCW 9.68A.090 or 9.68A.100. This
(3) Any person who violates subsection (1) of this chapter does not apply to lawful conduct between spouses.
section shall be guilty of a misdemeanor. [1975 lst exs. c 2} In a prosecution under RCW 9.68A.G50, 9.63A.G60,
156 § 1.1 9.68A.070, or 9.68A.080, it is not a defense that the defen-
9.68A.011 Definitions. Unless the context clearly Jant did not know the age of the child depicted in the visual
indicates otherwise, the definitions in this section apply or printed matter: PROVIDED, That it is a defense, wriich
throughout this chapter. the ;ietendant must prove by a preponderance of the evi-
(1) To 'photograph" means to make a print, negative, aence. that at the time of the offense the defendant was not
slide, motion picture, or videotape. A "photograph" means m possession of any facts on the basis of which he or she
any tangible item produced by photographing. should reasonably have known that the person depicted was
a minor
(2) "Visual or printed matter" means any photograph or (2 1 In a prosecution under RCW 9.68A.040 or
other material that contains a reproduction of a photograph. ;; 68A.090, it is not a defense that the defendant did not
(3) "Sexually explicit conduct" means actual or simulat- know the alleged victim's age: PROVIDED, That it is a
ed: defense. which the defendant must prove by a preponderance
(a) Sexual intercourse, including genital-genital, oral- of the evidence, that at the time of the offense, the defendant
genital, anal-genital, or oral-anal, whether between persons made a reasonable bona fide attempt to ascertain the we age
of the same or opposite sex or between humans and animals: Of the minor by requiring production of a driver's license,
(b) Penetration of the vagina or rectum by any object, rnarrtage license, birth certificate, or other governmental or
(c) Masturbation; educational identification card or paper and did not rely
(d) Sadomasochistic abuse for the purpose of sexual solely on the oral allegations or apparent age of the minor.
stimulation of the viewer;
(e) Exhibition of the genitals or unclothed pubic or -t Ina 0, it shall under RCW 9.68A.GSe 9 68A060,atthe
rectal areas of any minor, or the unclothed breast of a female or 9.63A.070, it shall be an affirmative defense that the
minor, for the purpose of sexual stimulation of the viewer, detendant .vas a law enforcement officer in the process of
l-2- 0� 38
conducting an official investigation of a sex-related crime (4) An employee of any regularly published newspaper,
against a minor, or that the defendant was providing individ- magazine, wire service, radio station. or television station
ual case treatment as a recognized medical facility or as a acting in the course of bona fide news gathering duties on a
psychiatrist or psychologist licensed under Title 18 RCW. full time or contractual or part time basis, shall be deemety
(5) In a prosecution under RCW 9.68A.050, 9.68A.060, to have consent to record and divulge communications or
or 9.68A.070, the state is not required to establish the conversations otherwise prohibited by this chapter if the
identity of the alleged victim. [1992 c 178 § 1; 1989 c 32 consent is expressly given or if the recording or transmitting
§ 9; 1986 c 319 § 3; 1984 c 262 § 10.] device is readily apparent or obvious to the speakers.
Withdrawal of the consent after the communication has been
9.68A.150 Allowing minor on premises of live erotic made shall not prohibit any such employee of a newspaper,
performance. No person may knowingly allow a minor to magazine, wire service, or radio or television station from
be on the premises of a commercial establishment open to divulging the communication or conversation.�[1986 c 38 §
the public if there is a live performance containing matter 1; 1985 c 260 § 2; 1977 ex.s. c 363 § 1; 1967 ex.s. c 93 §
which is erotic material. [1987 c 396 § 2.1 1 ]
9.73.070 Persons and activities excepted from
9.68A.160 Penalty. Any person who is convicted of chapter. (1) The provisions of Phis chapter shall not apply
violating any provision of RCW 9.68A.150 is guilty of a
to any activity in connection with
h services provided by a
gross misdemeanor. [1987 c 396 § 3.] common carrier pursuant to its tariffs on file with the
Washington utilities and transportation commission or the
Federal Communication Commission and anv activity of anv
9.73.020 Opening sealed letter. Every person who officer, agent or employee of a common carrier who per-
shall wilfully open or read, or cause to be opened or read, forms any act otherwise prohibited by this law in the
any sealed message, letter or telegram intended for another construction, maintenance, repair and operations of the
person, or publish the whole or any portion of such a common carrier's communications services, facilities, or
message, letter or telegram, knowing it to have been opened equipment or incident to the use of such services, facilities
or read without authority, shall be guilty of a misdemeanor. or equipment. Common carrier as used in this section means
[1909 c 249 § 411; RRS § 2663.] any person engaged as a common carrier or public service
9.73.030 Intercepting, recording or divulging company for hire in intrastate, interstate or foreign conimuni-
private communication—Consent required—Exceptions. cation by wire or radio or in intrastate, interstate or foreign
(1) Except as otherwise provided in this chapter, it shall be radio transmission of energy.
unlawful for any individual, partnership, corporation, asso- (2) The provisions of this chapter shall not apply to:
ciation, or the state of Washington, its agencies, and political (a) Any common carrier automatic number, caller, or
subdivisions to intercept, or record any: location identification service that has been approved by the
(a) Private communication transmitted ^v telephone, Washington utilities and transportation commission; or
telegraph, radio, or other device between two or more (b) A 911 or enhanced 911 emergency service as
individuals between points within or wahoui the state by any defined in RCW 82.1413.020, for purposes of aiding public
device electronic or otherwise designed to record and/or health or public safety agencies to respond to calls placed for
transmit said communication regardless how such device is emergency assistance. [1994 c 49 § 1. Prior: 1991 c 329
powered or actuated, without first octaining the consent of § 8; 1991 c 312 § 1; 1967 ex.s. c 93 § 5.1
all the participants in the communication;
(b) Private conversation, by .any device electronic or 9.73.080 Intercepting, recording, or divulging
otherwise designed to record or transmit such conversation private communication—Penalty. Except as otherwise
regardless how the device is powered or actuated without provided in this chapter, any person who violates RCW
first obtaining the consent of all the persons engaged in the 9.73.030 is guilty of a gross misdemeanor. [1989 c 271 §
conversation. 209: 1967 ex.s. c 93 § 6.1
(2) Nor�;ithstanding subsection (1) of this section, wire
communications or conversations (a) of an emergency 9.73.090 Certain emergency response personnel
nature, such as the reporting of a tire. iedicai emergency, exempted from RCW 9.73.030 through 9.73.080—
crime. or disaster, or (b) which convey threats of extortion, Standards—Court authorizations—Admissibility. (1) The
blackmail, bodily harm, or other unlawful requests or provisions of RCW 9.73.030 through 9.73.080 shall not
demands, or (c) which occur anonymously or repeatedly or apply to police, fire, emergency medical service, emergency
at an extremely inconvenient hour, or (d) which relate to communication center, and poison center personnel in the
communications by a hostage holder or barricaded person as following instances:
defined in RCW 70.85.100, whether or not conversation (a) Recording incoming telephone calls to police and
ensues, may be recorded with the consent of one party to the :Ire stations, licensed emergency medical service providers,
conversation. emergency communication centers, and poison centers;
(3) Where consent by ail parties is needed pursuant to (b) Video and/or sound recordings may be Wade of
this chapter, consent shall be considered obtained whenever crested persons by police officers responsible for making
one party has announced to all other patties engaged in the ,rrests or holding persons in custodv before their first
communication or conversation, in any reasonably effective appearance in court. Such video and/or sound recordings
manner, that such communication or conversation is about to ;hall conform strictly to the following:
be recorded or transmitted: PROVIDED, That if the
conversation is to be recorded that .said announcement shall /
also be recorded. 1 J rat -7a
(i) The arrested person shall be informed that such matter of the communication or conversation with reasonable
recording is being made and the statement so informing him certainty under the circumstances. Any such communication
shall be included in the recording; or conversation may be intercepted, transmitted, recorded, or
(h) The recording shall commence with an indication of disclosed as authorized notwithstanding a change in the time
Ae time of the beginning thereof and terminate with an or location of the communication or conversation after the
authorization has been obtained or the presence of or
indication of the time thereof;
(iii) At the commencement of the recording the arrested participation in the communication or conversation by any
person shall be fully informed of his constitutional rights, additional patty not named in the authorization.
and such statements informing him shall be included in the Authorizations issued under this subsection shall be
recording; effective for riot more than fourteen days, after which period
(iv) The recordings shall only be used for valid police the issuing authority may renew or continue the authorization
or court activities. for an additional period not to exceed fourteen days. [1989
(2) I[ shall not be unlawful for a law enforcement c 271 § 205; 1986 c 38 § 2; 1977 ex.s. c 363 § 3; 1970 ex.s.
officer acting in the performance of the officer's official c 48 § 1.]
duties to intercept, rec:,rd, or disclose an oral communication 9.91.025 Unlawful bus-conduct. (1) A person is
or conversation where the officer is a party to the com- guilty of unlawful bus conduct if while on or in a municipal
m unication or conversation or one of the parties to the g
communication or conversation has know 55 in or a[ a
ts given prior consent [o transit vehicle as defined by RCW 4
the interception, recording, or disclosure: PROVIDED, That municipal transit station and with nowledge that such
prior to the interception, transmission, or recording the conduct is prohibited, he or she:
officer shall obtain written or telephonic authorization from (a) Except while in or at a municipal transit station,
a judge or magistrate, who shall approve the interception, smokes or carries a ligiited or smoldering pipe, cigar, or
recording, or disclosure of communications or conversations cigarette:
,vith a nonconsenting party for a reasonable and specified (b) Discards litter other than in designated i ceptacles:
period of time, if there is probable cause to believe that the (c) Plays any radio, recorder, or other sound-producing
nonconsenting party has committed, is engaged in, or is equipment except that nothing herein shall prohibit the use
about to commit a felony: PROVIDED HOWEVER, That of such equipment when connected to earphones that limit
if such authorization is given by telephone the authorization the sound to individual listeners or the use of a communica-
and officer's statement justifying such authorization must be (ion device by an employee of the owner or operator of the
electronically recorded by the judge or magistrate on a municipal transit vehicle or municipal transit station;
recording device in the custody of!:he judge or magistrate at (d) Spits or expectorates;
he time transmitted and the recording shall be retained in (e) Carries any flammable liquid, explosive, acid, or
'the court records and reduced to writing as soon as possible other article or material likely to cause harm to others except
thereafter. that nothing herein shall prevent a person from c.urying a
ci
Any recording or interception of a communication or cigarette, gar, or pipe lighter or carrying a firearm or
conversation incident to a ;awfully recorded or intercepted ammunition in a way that is not otherwise prohibited by law;
(f' Intentionally obstructs or impedes the flow of
communication or conversation pursuant to this subsection
munic:pai transit vehicles or passenger traffic, ;tinders or
shall be lawful and may 'tie divulged.
All recordings of communications or conversations prcvents access to municipal transit vehicles or stations. or
made pursuant to this subsection shall be retained for as long otherwise unlawfully interferes with the provision or use of
as any crime may be charged based on the events or commu- public transportation services;
nications or conversations recorded. (g i I itenilonally disturbs others by engaging in loud,
(3) Communications or conversations authorized to be raucous, untuiy, harmful, or harassing behavior; or
y this section shall not h Destroys, defaces, or otherwise damages property of
intercepted, recorded, or disclosed b
be inadmissible under RCW 9.73.05I a mumc;paiity as defined in RCW 35.58.272 employed in
4 the provision or use of public transportation services.
) Authorizations issued under subsection (2) of this
section shall be effective for not more than seven days, after ! I or the purposes of this section, "municipal transit
which period the issuing authority may renew or continue station ' means all facilities, structures, lands, interest in
the authorization for additional periods not to exceed seven lands, air rights over ;ands, and rights of way of all kinds
days.
that are Owned, leased. held, or used by a municipality as
(5) If the judge or magistrate: determines that there is defined :n RCW 35.58.272 for the purpose of providing
probable cause to believe that the communication or conver- public transportation services, including, but not limited to,
sation concerns the unlawful manufacture, delivery, sale, or park and ride lots, transit centers and tunnels, and bus
possession with intent to manufacture, deliver, or sell, shelters.
controlled substances as defined in chapter 69.50 RCW, or (3) Unlawful bus conduct is a misdemeanor. [1994 c 45
legend drugs as defined in chapter 69.41 RCW, or imitation `tt 199'_ c 7 § 1; 1934 c 167 § 1.1
controlled substances as defined in chanter 69.52 RCW, the 9.91.060 Leaving children unattended in parked
judge or magistrate may authorize the interception, transmis- autornobile. Every person having the care and custody,
sion, recording, or disclosure of communications or conver- vhether temporary or permanent, of minor children under
sations under subsection (2) of this section even though the the age of twelve years, who shall leave such children in a
true name of the nonconsenting party, or the particular time parked automobile unattended by an adult while such person
, nd place for the interception, transmission, recording, or enters a tavern or other premises where vinous[,] spiritu-
disclosure, is not known at the time of the request, if the ous(,] )� malt liquors are dispensed for consumption on the
authorization describes the.nonconsenting party and subject premise; shall be guilty of a gross misdemeanor. [1951 c
270 § I
14 of 3a
9,91.140 i'oed stamps. (1) A person who sells food (a) Acting with the kind of culpability that is sufficient
stamps obtained through the program established under RCW for the commission of the crime, he causes an innocent or
74.04.500, or food purchased therewith, is guilty of a gross irresponsible person to engage in such conduct; or
(b) He is made accountable for the conduct of suck
misdemeanor under RCW 9A.20.021 if the value of the
hor
stamps or food transferred exceeds one hundred dollars, and other person by this title or by the law defining the crime;(c) e
is guilty of a misdemeanor under RCW 9A.20.021 if t':;e
value of the stamps or food transferred is one hundred commission(3) A person
the crime.
o rs is an accomplice of such other person in the
dollars or less. on is an accomplice of another person in the
commission of a crime if:
(2) A person who purchases, or who otherwise acquires (a) With knowledge that it will promote or facilitate the
and sells, or who traffics in, food stamps as defined by the commission of the crime, he
federal food stamp act, as amended, (7 U.S.C. Sec. 2011 et (i) solicits, commands, encourages, or requests such
seq.), is guilty of a class C felony under RCW 9A.20.021 if other person to commit it; or
the face value of the stamps exceeds one hundred dollars. (ii) aids or agrees to aid such other person in planning
and is guilty of a gross misdemeanor under RCW 9A.20.021 or committing it; or
if the face value of the stamps is one hundred dollars or less. (b) His conduct is expressly declared by law to establish
(3) A person who, in violation of 7 U.S.C. Sec. 2024(c), his complicity.
obtains and presents food stamps as defined by the federal (4) A person who is legally incapable of committing a
food stamp act, as amended, (7 U.S.C. Sec. 2011 et seq.), particular crime himself may be guilty thereof if it is
for redemption or causes such stamps to be presented for committed by the conduct of another person for which he is
redemption through the program established under RCW legally accountable, unless such liability is inconsistent with
74.04.500 is guilty of a class C felon under RCW the purpose of the provision establishing his incapacity.
9A.20.021. [1996 c 78 § 1; 1988 c 62 § 1.1 (5) Unless otherwise provided by this title or by the law
9.91.160 Personal protection spray devices. (1) It is defining the crime, a person is not an accomplice in a crime
unlawful for a person under eighteen years old, unless the committed by another person if:
person is at least fourteen years old and has the permission (a) He is a victim of that crime; or
of a parent or guardian to do so, to purchase or possess a (b) He terminates his complicity prior to the commission
of the crime, and either gives timely warning to the law
personal protection spray device. A violation of this
subsection is a misdemeanor. enforcement authorities or otherwise makes a good faith
effort to prevent the commission of the crime.
( No town, city, county, special purpose district,
(6) A person legally accountable for the conduct of
quasi-municipal corporation or other unit of government may
another person may be convicted on proof of the
prohibit a person eighteen years old or older, or a person the oi..
the p
fourteen years old or older who has the permission of a of the crime and of his complicity therein, though te person
parent or guardian to do so, from purchasing or possessing claimed to have committed the crime has not been p crime
a personal protection spray device or from using such a ed or convicted or has been convicted of a different crimeme or
t-
device in a manner consistent wdth the authorized use of degree of crime or has an immunity to prosecution or
force under RCW 9A.16.020. No town, city, county, special conviction or has been acquitted. [1975-76 2nd ex.s. c 38
pu t e district, quasi-municipal corporation, or other unit of § 1; 1975 1st ex.s. c 260 § 9A.08.020.1
government may prohibit a person eighteen years old or
older from delivering a personal protection spray device to
a person authorized to possess such a device. 9A.28.020 Criminal attempt. (1) A person is guilty
(3) i:or purposes of this section: of an attempt to commit crime if, with intent to commit a
(a) "Personal protection spray device' means a commer- specific crime, he does any act which is a substantial step
cially availabl:, dispensing device designed and intended for toward the commission of that crime.
use in s• If-defense and ce: aiming a nonlethal sternutator or (2) If the conduct in which a person engages otherwise
actimator agent, including but not limited to: constitutes an attempt to commit a crime, it is no defense to
(i'i Tear qas, the active ingredient of which is either a prosecution of such attempt that the crime charged to have
chloracetophenone (CN) or O-chicrobenzylidene malonotrile been attempted was, under the attendant circumstances,
(CS); or factually or legally impossible of commission.
iii) Other a,ent commonly known as mace. pepper (3) An attempt to commit a crime is a:
mace, or pepper gas. (a) Class A felony when the crime attempted is murder
(b) "Delivering" means actual, construcuve, or attempted in the first degree, murder in the second degree, or arson in
u-ansferring from one person to another. the first degree;
i4) Nothing in this section authorizes the delivery, (b) Class B felony when the crime attempted is a class
purchase, possession, or use of any device or chemical agent A felony other than murder in the first degree, murder in the
that is otherwise prohibited by suite law. (1994 sp.s. c 7 § second degree, or arson in the first degree;
514.1 (c) Class C felony when the crime attempted is a class
B felony;
9A.08.020 Liability for conduct of another— (d) Gross misdemeanor when the crime attempted is
Complicity. (1) A person is guilty of a crime if it is class C felony;
committed by the conduct of another person for which he is (e) Misdemeanor when the crime attempted is a gross
legally accountable. misdemeanor or misdemeanor. [1994 c 271 § 101; 1981 c
(2) A person is legally accountable for the conduct of 203 § 3; 1975 1st ex.s. c 260 § 9A.28.020.]
another person when: -5a
l5
9A.28.030 Criminal solicitation. (1) A person is 9A.36.150 Interfering with the reporting of domes-
guilty of criminal solicitation when, with intent to promote tic violence. (1) A person commits the crime of interfering
or facilitate the commission of a crime, he offers to give or with the reporting of domestic violence if the person:
dives money or other thing of value to another to engage in (a) Commits a crime of domestic violence, as defined in
specific conduct which would constitute such crime or which RCW 10.99.020; and
would establish complicity of such other person in its (b) Prevents or attempts to prevent the victim of or a
witness to that domestic violence crime from calling a 911
commission or attempted commission had such crime been
emergency communication system, obtaining medical
attempted or committed.
(2) Criminal solicitation shall be punished in the same assistance, or making a report to any law enforcement
manner as criminal attempt under RCW 9A.28.020. [1975 official.
1st ex.s. c 260 § 9A.28.030.1 (2) Commission of a crime of domestic violence under
subsection (1) of this section is a necessary element of the
crime of interfering with the reporting of domestic violence.
9A.28.040 Criminal conspiracy. (1) A person is (3) Interference with the reporting of domestic violence
guilty of criminal conspiracy when, with intent that conduct is a gross misdemeanor. [1996 c 248 § 3.]
constituting a crime be performed., he agrees with one or
more persons to engage in or cause the performance of such
conduct, and any one of them takes a substantial step in 9A.40.070 Custodial interference in the second
pursuance of such agreement. degree. (1) A relative of a person is guilty of custodial
(2) It shall not be a defense to criminal conspiracy that interference in the second degree if, with the intent to deny
the person or persons with whom the accused is alleged to access to such person by a parent, guardian, institution,
have conspired: agency, or other person having a lawful right to physical
(a) Has not been prosecuted or convicted; or custody of such person, the relative takes, entices, retains,
(b) Has been convicted of a different offense; or detains, or conceals the person from a parent, guardian,
(c) Is not amenable to justice; or institution, agency, or other person having a lawful right to
(d) Has been acquitted; or physical custody of such person. This subsection shall not
(e) Lacked the capacity to commit an offense. apply to a parent's noncompliance with a court-ordered
(3) Criminal conspiracy is a: parenting plan.
(a) Class A felony when an object of the conspiratorial (2) A parent of a child is guilty of custodial interference
agreement is murder in the first degree; in the second degree if: (a) The parent takes, entices,
(b) Class B felony when an object of the conspiratorial retains, detains, or conceals the child, with the intent to deny
?reement is a class A felony other than murder in the first access, from the other parent having the lawful right to time
degree; with the child pursuant to a court-ordered parenting plan; or
(c) Class C felony when an object of the conspiratorial (b) the parent has not complied with the residential provi-
agreement is a class B felony; sions of a court-ordered parenting plan after a finding of
(d) Gross misdemeanor when an object of the conspira- contempt under RCW 26.09.160(3); or(c) if the court finds
tonal agreement is a class C felony; that the parent has engaged in a pattern of willful violations
(e) Misdemeanor when an object of the conspiratorial of the court-ordered residential provisions.
agreement is a gross misdemeanor or misdemeanor. [1975 (3) Nothing in (b) of this subsection prohibits conviction
1st ex.s. c 260 § 9A.28.040.] of custodial interference in the second degree under (a) or
(c) of this subsection in absence of findings of contempt.
9A.36.050 Reckless endangerment in the second. (4) The first conviction of custodial interference in the
degree. (1) A person is guilty of reckless endangerment in second degree is a gross misdemeanor. The second or
the second degree when he recklessly engages in conduct not subsequent conviction of custodial interference in the second
amounting to reckless endangerment in the first degree but degree is a class C felony. [1989 c 318 § 2; 1984 c 95 § 2.1
which creates a substantial risk of death or serious physical
injury to another person.
(2) Reckless endangerment in the second degree is a 9A.40.080 Custodial interference Assessment of
gross misdemeanor. [1989 c 271 § 110; 1975 1st ex.s. c 260 costs—Defense—Consent defense, restricted. (1) Any
§ 9A.36.050.1 reasonable expenses incurred in locating or returning a child
or incompetent person shall be assessed against a defendant
9A.36.070 Coercion. (1) A person is guilty of convicted under RCW 9A.40.060 or 9A.40.070.
coercion if by use of a threat he compels or induces a person (2) In any prosecution of custodial interference in the
to engage in conduct which the latter has a legal right to first or second degree, it is a complete defense, if established
abstain from, or to abstain from conduct which he has a by the defendant by a preponderance of the evidence, that:
legal right to engage in. (a) The defendant's purpose was to protect the child,
(2) "Threat" as used in this section means: incompetent person, or himself or herself from imminent
(a) To communicate, directly or indirectly, the intent physical harm, that the belief in the existence of the immi-
imediately to use force against any person who is present nent physical harm was reasonable, and that the defendant
at the time; or sought the assistance of the police, sheriffs office, protective
(b) Threats as defined in RCW 9A.04.110(25)(a), (b), or agencies, or the court of any state before committing the acts
giving rise to the charges or within a reasonable time
(c)'
(3)Coercion is a gross misdemeanor. [1975 1st ex.s. c thereafter;
260 § 9A.36.070.1 �r- 4 -58
(b) The complainant had, prior to the defendant commit- (c) Also means any act of sexual contact between
ting the acts giving rise to the crime, for a protracted period persons involving the sex organs of one person and the
of time, failed to exercise his or her rights to physical mouth or anus of another whether such persons are of the
custody or access to the child under a court-ordered same or opposite sex.
parenting plan or order granting visitation rights, provided (2) "Sexual contact" means any touching of the sexualR
that such failure was not the direct result of the defendant's or other intimate parts of a person done for the purpose of
denial of access to such person; gratifying sexual desire of either parry or a third parry.
(c) The acts giving rise to the charges were consented (3) "Married" means one who is legally married to
to by the complainant; or another, but does not include a person who is living separate
(d) The offender, after providing or making a good faith and apart from his or her spouse and who has filed in an
effort to provide notice to the person entitled to access to the appropriate court for legal separation or for dissolution of his
child failed to provide access to the child due to reasons that or her marriage.
a reasonable person would believe were directly related to (4) "Mental incapacity" is that condition existing at the
the welfare of the child, and allowed access to the child in time of the offense which prevents a person from under-
accordance with the court order within a reasonable period standing the nature or consequences of the act of sexual
of time. The burden of proof that the denial of access was intercourse whether that condition is produced by illness,
reasonable is upon the person denying access to the child. defect, the influence of a substance or from some other
(3) Consent of a child less than sixteen years of age or cause.
of an incompetent person does not constitute a defense to an (5) "Physically helpless" means a person who is
action under RCW 9A.40.060 or 9A.40.070. [1989 c 318 § unconscious or for any other reason is physically unable to
5; 1984 c 95 § 3.1 communicate unwillingness to an act.
(6) "Forcible compulsion" means physical force which
9A.42.080 Abandonment of a dependent person in overcomes resistance, or a threat, express or implied, that
the third degree. (1) A person is guilty of the crime of places a person in fear of death or physical injury to herself
abandonment of a dependent person in the third degree if: or himself or another person, or in fear that she or he or
(a)The person is the parent of a child, a person entrust- another Derson will be kidnapped.
ed with the physical custody of a child or other dependent (7) "Consent" means that at the time of the act of sexual
person, or a person employed to provide to the child or intercourse or sexual contact there are actual words or
dependent person any of the basic necessities of life; and conduct indicating freely given agreement to have sexual
(b) The person recklessly abandons the child or other intercourse or sexual contact.
dependent person; and: (8) "Significant relationship" means a situation in which
(i) As a result of being abandoned, the child or other the perpetrator is:
dependent person suffers bodily harm; or (a) A person who undertakes the responsibility, profes-
(ii) Abandoning the child or other dependent person sionally or voluntarily, to provide education, health, welfare,
creates an imminent and substantial risk that the child or or organized recreational activities principally for minors; or
other person will suffer substantial bodily harm. (b) A person who in the course of his or her employ-
(2) Abandonment of a dependent person in the third merit supervises minors.
degree is a gross misdemeanor. [1996 c 302 § 4.1 (9) "Abuse of a supervisory position" means a direct or
indirect threat or promise to use authority to the detriment or
9A.42.090 Abandonment of a dependent person— benefit of a minor.
Defense. It is an affirmative defense to the charge of (10) "Developmentally disabled," for purposes of RCW
abandonment of a dependent person, that the person em- 9A.44.05O(1)(c) and 9A.44.10O(1)(c), means a person with
ployed to provide any of the basic necessities of life to the a developmental disability as defined in RCW 71A.10.020.
child or other dependent person, gave reasonable notice of (11) "Person with supervisory authority," for purposes
termination of services and the services were not terminated of RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e),
until after the termination date specified in the notice. The means any proprietor or employee of any public or private
notice must be given to the child or dependent person, and care or treatment facility who directly supervises deveiop-
to other persons or organizations that have requested notice mentally disabled, mentally disordered, or chemically
of termination of services furnished to the child or other dependent persons at the facility.
dependent person. (12) "Mentally disordered person" for the purposes of
The department of social and health services and the RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person
department of health shall adopt rules establishing proce- with a "mental disorder" as defined in RCW 71.05.020(2).
dures for termination of services to children and other (13) "Chemically dependent person" for purposes of
dependent persons. [1996 c 302 § 5.1 RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person
who is "chemically dependent" as defined in RCW
9A.44.010 Definitions. As used in this chapter: 70.96A.020(4).
(1) "Sexual intercourse" (a) has its ordinary meaning (14) "Health care provider" for purposes of RCW
and occurs upon any penetration, however slight, and 9A.44.050 and 9A.44.100 means a person who is, holds
(b) Also means any penetration of the vagina or anus himself or herself out to be, or provides services as if he c
however slight, by an object, when committed on one person she were: (a) A member of a health care profession under
by another, whether such persons are of the same or opposite chapter 18.130 RCW; or (b) registered or certified under
sex, except when such penetration is accomplished for chapter 18.19 RCW, regardless of whether the health care
medically recognized treatment or diagnostic purposes, and provider is licensed, certified, or registered by the state.
rT 0� 38
9A.28.030 Criminal solicitation. (1) A person is 9A.36.150 Interfering with the reporting of domes-
guilty of criminal solicitation when, with intent to promote tic violence. (1) A person commits the crime of interfering
or facilitate the commission of a crime, he offers to give or With the reporting of domestic violence if the person:
dives money or other thing of value to another to engage in (a) Commits a crime of domestic violence, as defined in
specific conduct which would constitute such crime or which RCW 10.99.020; and
would establish complicity of such other person in its (b) Prevents or attempts to prevent the victim of or a
witness to that domestic violence crime from calling a 911
commission or attempted commission had such crime been
emergency communication system, obtaining medical
attempted or committed.
(2) Criminal solicitation shall be punished in the same assistance, or making a report to any law enforcement
manner as criminal attempt under RCW 9A.28.020. [1975 official.
1st ex.s. c 260 § 9A.28.030.] (2) Commission of a crime of domestic violence under
subsection (1) of this section is a necessary element of the
crime of interfering with the reporting of domestic violence.
9A.28.040 Criminal conspiracy. (1) A person is (3) Interference with the reporting of domestic violence
guilty of criminal conspiracy when, with intent that conduct is a gross misdemeanor. [1996 c 248 § 3.]
constituting a crime be performed, he agrees with one or
more persons to engage in or cause the performance of such
conduct, and any one of them takes a substantial step in 9A.40.070 Custodial interference in the second
pursuance of such agreement. degree. (1) A relative of a person is guilty of custodial
(2) It shall not be a defense to criminal conspiracy that interference in the second degree if, with the intent to deny
the person or persons with whom the accused is alleged to access to such person by a parent, guardian, institution,
have conspired: agency, or other person having a lawful right to physical
(a) Has not been prosecuted or convicted; or custody of such person, the relative takes, entices, retains.
(b) Has been convicted of a different offense; or detains, or conceals the person from a parent, guardian,
(c) Is not amenable to justice; or institution, agency, or other person having a lawful right to
(d) Has been acquitted; or physical custody of such person. This subsection shall not
(e) Lacked the capacity to commit an offense. apply to a parent's noncompliance with a court-ordered
(3) Criminal conspiracy is a: parenting plan.
(a) Class A felony when an object of the conspiratorial (2) A parent of a child is guilty of custodial interference
agreement is murder in the first degree; in the second degree if: (a) The parent takes, entices,
(b) Class B felony when an object of the conspiratorial retains, detains, or conceals the child, with the intent to deny
7reement is a class A felony other than murder in the first access, from the other parent having the lawful right to time
degree; with the child pursuant to a court-ordered parenting plan; or
(c) Class C felony when an object of the conspiratorial (b) the parent has not complied with the residential provi-
agreement is a class B felony; sions of a court-ordered parenting plan after a finding of
(d) Gross misdemeanor when an object of the conspira- contempt under RCW 26.09.160(3); or(c) if the court finds
tonal agreement is a class C felony; that the parent has engaged in a pattern of willful violations
(e) Misdemeanor when an object of the conspiratorial of the court-ordered residential provisions.
agreement is a gross misdemeanor or misdemeanor. [1975 (3) Nothing in (b) of this subsection prohibits conviction
1st ex.s. c 260 § 9A.28.040.] of custodial interference in the second degree under (a) or
(c) of this subsection in absence of findings of contempt.
9A.36.050 Reckless endangerment in the second. (4) The first conviction of custodial interference in the
degree. (1) A person is guilty of reckless endangerment in second degree is a gross misdemeanor. The second or
the second degree when he recklessly engages in conduct not subsequent conviction of custodial interference in the second
amounting to reckless endangerment in the first degree but degree is a class C felony. [1989 c 318 § 2; 1984 c 95 § 2.]
which creates a substantial risk of death or serious physical
injury to another person.
(2) Reckless endangerment in the second degree is a 9A.40.080 Custodial interference—Assessment of
gross misdemeanor. [1989 c 271 § 110; 1975 1st ex.s. c 260 costs—Defense—Consent defense, restricted. (1) Anv
§ 9A.36.050.1 reasonable expenses incurred in locating or returning a child
or incompetent person shall be assessed against a defendant
9A.36.070 Coercion. (1) A person is guilty of convicted under RCW 9A.40.060 or 9A.40.070.
coercion if by use of a threat he compels or induces a person (2) In any prosecution of custodial interference in the
to engage in conduct which the latter has a legal right to first or second degree, it is a complete defense, if established
abstain from, or to abstain from conduct which he has a by the defendant by a preponderance of the evidence, that:
legal right to engage in. (a) The defendant's purpose was to protect the child,
(2) "Threat" as used in this section means: incompetent person, or himself or herself from imminent
(a) To communicate, directly or indirectly, the intent physical harm, that the belief in the existence of the immi-
imediately to use force against any person who is present nent physical harm was reasonable, and that the defendant
at the time; or sought the assistance of the police, sheriffs office, protective
(b)Threats as defined in RCW 9A.04.110(25)(a), (b), or agencies, or the court of any state before committing the acts
giving rise to the charges or within a reasonable time
(3)Coercion is a gross misdemeanor. [1975 1st ex.s. c thereafter;
260 § 9A.36.070.1 1(0 _L 38
(15) "Treatment" for purposes of RCW 9A.44.050 and 9A.46.040 Court-ordered requirements upon person
9A.44.100 means the active delivery of professional services charged with crime—Violation. (1) Because of the
by a health care provider which the health care provider likelihood of repeated harassment directed at those who have
ids himself or herself out to be qualified to provide. been victims of harassment in the past, when any defendant
e94 c 271 § 302; 1993 c 477 § 1; 1988 c 146 § 3; 1988 c charged with a crime involving harassment is released from
145 § l; 1981 c 123 § 1; 1975 1st ex.s. c 14 § 1. Formerly custody before trial on bail or personal recognizance, the
RCW 9.79.140.1 court authorizing the release may require that the defendant:
(a) Stay away from the home, school, business, or place
9A.44.096 Sexual misconduct with a minor in the of employment of the victim or victims of the alleged
second degree. (1) A person is guilty of sexual misconduct offense or other location, as shall be specifically named by
with a minor in the second degree when the person has, or the court in the order;
knowingly causes another person under the age of eighteen (b) Refrain from contacting, intimidating, threatening, or
to have, sexual contact with another person who is at least otherwise interfering with the victim or victims of the
sixteen years old but less than eighteen years old and not alleged offense and such other persons, including but not
married to the perpetrator, if the perpetrator is at least sixty limited to members of the family or household of the victim,
months older than the victim, is in a significant relationship as shall be specifically named by the court in the order.
to the victim, and abuses a supervisory posiuon within that (2) An intentional violation of a court order issued
relationship in order to engage in or cause another person under this section is a misdemeanor. The written order
under the age of eighteen to engage in sexual contact with releasing the defendant shall contain the court's directives
the victim. and shall bear the legend: Violation of this order is a
(2) Sexual misconduct with a minor in the second criminal offense under chapter 9A.46 RCW. A certified
degree is a gross misdemeanor. [1994 c 271 § 307; 1988 c copy of the order shall be provided to the victim by the clerk
145 § 9.1 of the court. [1985 c 288 § 4.]
9A.46.020 Definition—Penalties. (1) A person is 9A.46.050 Arraignment—No-contact order. A
guilty of harassment if: defendant who is charged by citation, complaint, or informa-
(a) Without lawful authority, the person knowingly tion with an offense involving harassment and not arrested
threatens: shall appear in court for arraignment in person as soon as
(i) To cause bodily injury in the future to the person practicable, but in no event later than fourteen days after the
threatened or to any other person; or next day on which court is in session following the issuance
(ii) To cause physical damage to the property of a of the citation or the filing of the complaint or information.
rson other than the actor; or At that appearance, the court shall determine the necessity of
(iii) To subject the person threatened or any other imposing a no-contact or no-harassment order, and consider
person to physical confinement or restraint; or the provisions of RCW 9.41.800, or other conditions of
(iv) Maliciously to do any other act which is intended pretrial release according to the procedures established by
to substantially harm the person threatened or another with court rule for preliminary appearance or an arraignment.
respect to his or her physical or mental health or safety; and [1994 sp.s. c 7 § 447; 1985 c 288 § 5.]
(b) The person by words or conduct places the person
threatened in reasonable fear that the threat will be carried 9A.46.060 Crimes included in harassment As used
out. in this chapter, "harassment" may include but is not limited
(2) A person who harasses another is guilty of a gross to any of the following crimes:
misdemeanor punishable under chapter 9A.20 RCW, except (1) Harassment (RCW 9A.46.020);
that the person is guilty of a class C felony if either of the (2) Malicious harassment (RCW 9A.36.080);
following applies: (a).The person has previously been (3) Telephone harassment (RCW 9.61.230);
convicted in this or any other state of any crime of harass- (4) Assault in the first degree (RCW 9A.36.011);
ment, as defined in RCW 9A.46.060, of the same victim or (5) Assault of a child in the first degree (RCW
members of the victim's family or household or any person 9A.36.120);
specifically named in a no-contact or no-harassment order; (6) Assault in the second degree (RCW 9A.36.021);
or (b) the person harasses another person under subsection (7) Assault of a child in the second degree (RCW
(1)(a)(i) of this section by threatening to kill the person 9A.36.130);
threatened or any other person. (8) Assault in the fourth degree (RCW 9A.36.041);
(3) The penalties provided in this section for harassment (9) Reckless endangerment in the second degree (RCW
do not preclude the victim from seeking any other remedy 9A.36.050);
otherwise available under law. [1992 c 186 § 2; 1985 c 288 (10) Extortion in the first degree (RCW 9A.56.120);
§ 2•] (11) Extortion in the second degree (RCW 9A.56.130);
(12) Coercion (RCW 9A.36.070);
9A.46.030 Place where committed. Any harassment (13) Burglary in the first degree (RCW 9A.52.020);
ffense committed as set forth in RCW 9A.46.020 or (14) Burglary in the second degree (RCW 9A.52.030);
`_46.110 may be deemed to have been committed where (15) Criminal trespass in the first degree (RCW
the conduct occurred or at the place from which the threat or 9A.52.070);
threats were made or at the place where the threats were (16) Criminal trespass in the second degree (RCW
received. [1992 c 186 § 3; 1985 c 288 § 3.1 9A.52.080);
(17) Malicious mischief in the first degree (RCW
9A,48.070);
l o+ 38
(18) Malicious mischief in the second degree (RCW 9A.46.110 Stalking. (1) A person commits the crime
9A.48.080); of stalking if, without lawful authority and under circum-
(19) Malicious mischief in the third degree (RCW stances not amounting to a felony attempt of another crimS-
9A.48.090); (a) He or she intentionally and repeatedly harasses a,,_
(20) Kidnapping in the first degree (RCW 9A.40.020); repeatedly follows another person; and
(21) Kidnapping in the second degree (RCW (b) The person being harassed or followed is placed in
9A.40.030); fear that the stalker intends to injure the person, another
(22) Unlawful imprisonment (RCW 9A.40.040); person, or property of the person or of another person. The
(23) Rape in the first degree (RCW 9A.44.040); feeling of fear must be one that a reasonable person in the
(24) Rape in the second degree (RCW 9A.44.050); same situation would experience under all the circumstances;
(25) Rape in the third degree (RCW 9A.44.060); and
(26) Indecent liberties (RCW 9A.44.100); (c) The stalker either:
(27) Rape of a child in the first degree (RCW (i) Intends to frighten, intimidate, or harass the person;
9A.44.073); or
(28) Rape of a child in the second degree (RCW (ii) Knows or reasonably should know that the person
9A.44.076); is afraid, intimidated, or harassed even if the stalker did not
(29) Rape of a child in the third degree (RCW intend to place the person in fear or intimidate or harass the
9A.44.079); person.
(30) Child molestation in the first degree (RCW (2)(a) It is not a defense to the crime of stalking under
9A.44.083); subsection (1)(c)(i) of this section that the stalker was not
(31) Child molestation in the second degree (RCW given actual notice that the person did not want the stalker
9A.44.086); to contact or follow the person; and
(32) Child molestation in the third degree (RCW (b) It is not a defense to the crime of stalking under
9A.44.089); subsection (1)(c)(ii) of this section that the stalker did not
(33) Stalking (RCW 9A.46.110); intend to frighten, intimidate, or harass the person.
(34) Residential burglary (RCW 9A.52.025); and (3) It shall be a defense to the crime of stalking that the
(35) Violation of a temporary or permanent protective defendant is a licensed *private detective acting within the
order issued pursuant to chapter 9A.46, 10.14, 10.99, 26.09, capacity of his or her license as provided by chapter 18.165
or 26.50 RCN. [1994 c 271 § 802; 1994 c 121 § 2. Prior: RCW.
1992 c 186 § 4; 1992 c 145 § 12; 1988 c 145 § 15; 1985 c (4) Attempts to contact or follow the person after being
288 § 6.) given actual notice that the person does not want to be
9A.46.080 Order restricting contact—Violation. contacted or followed constitutes prima facie evidence that
the stalker intends to intimidate or harass the person.
The victim shall be informed by local law enforcement (5) A person who stalks another person is guilty of a
agencies or the prosecuting attorney of the final disposition gross misdemeanor except that the person is guilty of a class
of the case in which the victim is involved. If a defendant C felony if any of the following applies: (a) The stalker has
is found guilty of a crime of harassment and a condition of previously been convicted in this state or any other state of
the sentence restricts the defendant's ability to have contact any crime of harassmen as defined in RCW 9A.46.060, of
with the victim or witnesses, the condition shall be recorded the same victim or members of the victim's family or
and a written certified copy of that order shall be provided household or any person specifically named in a protective
to the victim or witnesses by the clerk of the court. Willful order; (b) the stalking violates any protective order pro-
violation of a court order issued under this section is a tecting the person being stalked; (c) the stalker has previous-
misdemeanor. The written order shall contain the court's ly been convicted of a gross misdemeanor or felony stalking
directives and shall bear the legend: Violation of this order offense under this section for stalking another person; (d) the
is a criminal offense under chapter 9A.46 RCW and will stalker was armed with a deadly weapon, as defined in RCW
subject a violator to arrest. [1985 c 288 § 8.1 9.94A.125, while stalking the person; (e) the stalker's victim
9A.46.090 Nonliability of peace officer. A peace
is or was a law enforcement officer, judge, juror, attorney,
officer shall not be held liable in any civil action for an victim advocate, legislator, or community correction's
arrest based on probable cause, enforcement in good faith of
officer, and the stalker stalked the victim to retaliate against
a court order, or any other action or omission in good faith the victim for an act the victim performed during the course
under this chapter arising from an alleged incident of harass- of official duties or to influence the victim's performance of
ment brought by any party to the incident [1985 c 288 § 9.] official duties; or (f) the stalker's victim is a current, former,
or prospective witness in an adjudicative proceeding, and the
stalker stalked the victim to retaliate against the victim as a 9A.46.100 "Convicted," time when. As used in
RCW 9.61.230, 9A.46.020, or 9A.46.110, a person has been result of the victim's testimony or potential testimony.
"convicted" at such time as a plea of guilty has been ac- (6) As used in this section:
cepted or a verdict of guilty has been filed, notwithstanding (a) "Follows" means deliberately maintaining visual or
the pendency d any future proceedings including but not physical proximity to a specific person over a period of time,
limited to sentencing, posttrial motions, and appeals. [1992 A finding that the alleged stalker repeatedly and deliberately
c 186 § 5; 1985 c 288 § 10.] appears at the person's home, school, place of employment,
business, or any other location to maintain visual or physical
proximity to the person is sufficient to find that the alleged
stalker follows the person. It is not necessary to establish
that the alleged stalker follows the person while in transit
from one location to another.
lgof �
(b) "Harasses" means unlawful harassment as defined in the damage to the property is in an amount exceeding fifty
RCW 10.14.020. dollars; otherwise, it is a misdemeanor.
(c) "Protective order" means any temporary or perma- (b) Malicious mischief in the third degree under
nent court order prohibiting or limiting violence against, subsection (1)(b) of this section is a gross misdemeanor.
trassment of, contact or communication with, or physical [1996 c 35 § 1; 1975 1st ex.s. c 260 § 9A.48.090.]
*oximity to another person.
(d) "Repeatedly" means on two or more separate 9A.48.100 Malicious mischief—"Physical damage"
occasions. [1994 c 271 § 801; 1992 c 186 § 1.1 defined. For the purposes of RCW 9A.48.070 through
9A.48.090 inclusive:
9A.48.010 Definitions. (1) For the purpose of this (1) "Physical damage", in addition to its ordinary
chapter, as now or hereinafter amended, unless the context meaning, shall include the total or partial alteration, damage,
indicates otherwise: obliteration, or erasure of records, information, data, comput-
(a) "Building" has the definition in RCW 9A.04.110(5), er programs, or their computer representations, which are
and where a building consists of two or more units separate- recorded for use in computers or the impairment, interrup-
ly secured or occupied, each unit shall not be treated as a tion, or interference with the use of such records, informa-
separate building; tion, data, or computer programs, or the impairment, inter-
(b) "Damages", in addition to its ordinary meaning, ruption, or interference with the use of any computer or
includes any charring, scorching, burning, or breaking, or services provided by computers. "Physical damage" also
agricultural or industrial sabotage, and shall include any includes any diminution in the value of any property as the
diminution in the value of any property as a consequence of consequence of an act;
an act. (2) If more than one item of property is physically
(2) To constitute arson it shall not be necessary that a damaged as a result of a common scheme or plan by a
person other than the actor should have had ownership in the person and the physical damage to the property would, when
building or structure damaged or set on fire. [1975-'76 2nd considered separately, constitute mischief in the third degree
ex.s. c 38 § 6; 1975 1st ex.s. c 260 § 9A.48.010.1 because of value, then the value of the damages may be
aggregated in one count. If the sum of the value of all the
physical damages exceeds two hundred fifty dollars, the
9A.48.050 Reckless burning the second degree. defendant may be charged with and convicted of malicious
(1) A person is guilty of reckless burning in the second mischief in the second degree. (1984 c 273 § 4; 1981 c 260
degree if he knowingly causes a fire or explosion, whether § 2 Prior: 1979 ex.s. c 244 § 11; 1979 c 145 § 3; 1977
on his own property or that of another, and thereby reckless- ex.s. c 174 § 1; 1975 1st ex.s. c 260 § 9A.48.100.]
'y places a building or other structure, or any vehicle,
silway car, aircraft, or watercraft, or any hay, grain, crop or 9A.48.110 Defacing a state monument (1) A person
timber, whether cut or standing, in danger of destruction or is guilty of defacing a state monument if he or she knowing-
damage. ly defaces a monument or memorial on the state capitol
(2) Reckless burning in the second degree is a gross campus or other state property.
misdemeanor. [1975 1st ex.s. c 260 § 9A.48.050.1 (2) Defacing a state monument is a misdemeanor.
[1995c66 § 1.1
9A.48.060 Reckless burning—Defense. In any
prosecution for the crime of reckless burning in the first or
second degrees, it shall be a defense if the defendant 9A.50.010 Definitions. Unless the context clearly
establishes by a preponderance of the evidence that: requires otherwise, the definitions in this section apply
(a) No person other than the defendant had a possessory, throughout this chapter.
or pecuniary interest in the damaged or endangered property, (1) "Health care facility" means a facility.that provides
or if other persons had such an interest, all of them consent- health care services directly to patients, including but not
ed to the defendant's conduct; and limited to, a hospital, clinic, health care provider's office,
(b) The defendant's sole intent was to destroy or health maintenance organization, diagnostic or treatment
damage the property for a lawful purpose. [1975 1st ex.s. c center, neuropsychiatric or mental health facility, hospice, or
260 § 9A.48.060.1 nursing home.
(2) "Health care provider" has the same meaning as
9A.48.090 Malicious mischief in the third degree. defined in RCW 7.70.020 (1) and (2), and also means an
(1) A person is guilty of malicious mischief in the third officer, director, employee, or agent of a health care facility
degree if he or she: who sues or testifies regarding matters within the scope of
(a) Knowingly and maliciously causes physical damage his or her employment.
to the property of another, under circumstances not amount- (3) "Aggrieved" means:
ing to malicious mischief in the first or second degree; or (a) A person, physically present at the health care
(b) Writes, paints, or draws any inscription, figure, or facility when the prohibited actions occur, whose access is
mark of any type on any public or private building or other or is about to be obstructed or impeded;
structure or any real or personal property owned by any (b) A person, physically present at the health care
;then person unless the person has obtained the express facility when the prohibited actions occur, whose care is or
permission of the owner or operator of the property, under is about to be disrupted;
circumstances not amounting to malicious mischief in the (c) The health care facility, its employees, or agents;
first or second degree. (d) The owner of the health care facility or the building
(2)(a) Malicious mischief in the third degree under or property upon which the health care facility is located.
subsection (1)(a) of this section is a gross misdemeanors ifn (1993 c 128 § 2.1
9A.50.020 Interference with health care facility. It given by posting in a conspicuous manner. Similarly, a field
is unlawful for a person except as otherwise protected by fenced in any manner is not unimproved and apparently
state or federal law, alone or in concert with others, to unused land;
willfully or recklessly interfere with access to or from a (4) "Data" means a representation of informations
knowledge, facts, concepts, d instructions that are being'
health care facility or willfully or recklessly disrupt the --
prepared or have been prepared in a formalized manner and
normal functioning of such facility by: are intended for use in a computer;
(1)Physically obstructing or impeding the free passage (5) "Computer program" means an ordered set of data
of a person seeking to enter or depart from the facility or representing coded instructions or statements that when
from the common areas of the real property upon which the executed by a computer cause the computer to process data;
facility is located; (6) "Access" means to approach, instruct, communicate
(2) Making noise that unreasonably disturbs the peace with, store data in, retrieve data from, or otherwise make use
within the facility; of any resources of a computer, directly or by electronic
(3)Trespassing on the facility or the common areas of means. [1985 c 289 § 1. Prior: 1984 c 273 § 5; 1984 c 49
the real property upon which the facility is located; § 1; 1975 1st ex.s. c 260 § 9A.52.010.]
(4) Telephoning the facility repeatedly, or knowingly
permitting any telephone under his or her control to be used
9A.52.060 Making or having burglar tools. (1)
for such purpose; or
(5) Threatening to inflict injury on the owners, agents, Every person who shall make or mend or cause to be made
patients, employees, or property of the facility or knowingly or mended, or have in his possession, any engine, machine,
permitting any telephone under his or her control to be used tool, false key, pick lock, bit, nippers, or implement adapted,
for such purpose. [1993 c 128 § 3.] designed, or commonly used for the commission of burglary
under circumstances evincing an intent to use or employ, or
9A.50.030 Penalty. A violation of RCW 9A.50.020 allow the same to be used or employed in the commission of
is a gross misdemeanor. A person convicted of violating a burglary, or knowing that the same is intended to be so
RCW 9A.50.020 shall be punished as follows: used, shall be guilty of making or having burglar tools.
(1) For a first offense, a fine of not less than two (2) Making or having burglar tools is a gross misde-
hundred fifty dollars and a jail term of not less than twenty- meanor. (1975 1st ex.s. c 260 § 9A.52.060.]
four consecutive hours;
(2) For a second offense, a fine of not less than five 9A.52.070 Criminal trespass in the first degree. (1)
hundred dollars and a jail term of not less than seven A person is guilty of criminal trespass in the first degree if
consecutive days; and he knowingly enters or remains unlawfully in a building.
(3) For a third or subsequent offense, a fine of not less (2) Criminal trespass in the first degree is a gross
than one thousand dollars and a jail term of not less than misdemeanor. [1979 ex.s. c 244 § 12; 1975 1st ex.s. c 260
thirty consecutive days. [I993 c 12.8 § 4.1 § 9A.52.070.]
9A.52.010 Definitions. The following definitions 9A.52.080 Criminal trespass in the second degree.
apply in this chapter: (1) A person is guilty of criminal trespass in the second
(1) 'Premises" includes any building, dwelling, structure degree if he knowingly enters or remains unlawfully in or
used for commercial aquaculture, or any real property; upon premises of another under circumstances not constitut-
(2) "Enter". The word "enter" when constituting an ing criminal trespass in the first degree.
element or part of a crime, shall include the entrance of the (2) Criminal trespass in the second degree is a m60 §
person, or the insertion of any part of his body, or any m .52.0 [1979 ex.s. c 244 § 13; 1975 1st ex.s. c 260 §
instrument or weapon held in his hand and used or intended 9A.52.080.]
to be used to threaten or intimidate a person or to detach or 9A.52.090 Criminal trespass—Defenses. In any
remove property; prosecution under RCW 9A.52.070 and 9A.52.080, it is a
(3) "Enters or remains unlawfully". A person "enters or defense that:
remains unlawfully" in or upon premises when he is not then (1) A building involved in an offense under RCW
licensed, invited, or otherwise privileged to so enter or 9A.52.070 was abandoned; or
remain. (2) The premises were at the time open to members of
A license or privilege to enter or remain in a building the public and the actor complied with all lawful conditions
which is only partly open to the public is not a license or imposed on access to or remaining in the premises; or
privilege to enter or remain in that par of a building which (3) The actor reasonably believed that the owner of the
is not open to the public. A person who enters or remains premises, or other person empowered to license access
upon unimproved and apparently unused land, which is thereto, would have licensed him to enter or remain; or
neither fenced nor otherwise enclosed in a manner designed (4) The actor was attempting to serve legal process
to exclude intruders, does so with license and privilege which includes any document required or allowed to be
unless notice against trespass is personally communicated to served upon persons or property, by any statute, rule,
him by the owner of the land or some other authorized ordinance, regulation, or court order, excluding delivery by .
person, or unless notice is given by posting in a conspicuous the mails of the United States. This defense applies only if
manner. Land that is used for commercial aquaculture or for the actor did not enter into a private residence or other
growing an agricultural crop or crops, other than timber, is building not open to the public and the entry onto the
not unimproved and apparently unused land if a crop or any premises was reasonable and necessary for service of the
other sign of cultivation is clearly visible or if notice is legal process. [1986 c 219 § 2; 1975 1st ex.s. c 260 §
9A.52.090.]
210 38
9A.32.100 Vehicle prowling in the second degree. (6) "Obtain control over" in addition to its common
(1) A person is guilty of vehicle prowling in the second meaning, means:
degree if, with intent to commit a crime against a person or (a) In relation to property, to bring about a transfer or
2erty therein, he enters or remains unlawfully in a vehicle purported transfer to the obtainer or another of a legally
other than a motor home, as defined in RCW 46.04.305, or recognized interest in the property; or
(b) In relation to labor or service, to secure performance
a vessel equipped for propulsion by mechanical means or by thereof for the benefits of the obtainer or another;
sail which has a cabin equipped with permanently installed (7) "Wrongfully obtains" or "exerts unauthorized
sleeping quarters or cooking facilities. control) means:
(2) Vehicle prowling in the second degree is a gross a To take the property or services of another;
misdemeanor. [1982 1st ex.s. c 47 § 14; 1975 1st ex.s. c 260 § 9A.52.100.1 (b) Having any property or services in one's possession,
custody or control as bailee, factor, pledgee, servant,
9AS2.120 Computer trespass re the second degree. attorney, agent, employee, trustee, executor, administrator,
de re person is guilty t computer trespass in the second guardian, or officer of any person, estate, association, or
degree the person, without authorization, intentionally corporation, or as a public officer, or person authorized by
gains access to a computer system or electronic data base of agreement or competent authority to take or hold such
another under circumstances not constituting the offense in possession, custody, or control, to secrete, withhold, or
the first degree. appropriate the same to his or her own use or to the use of
(2) Computer trespass in the second degree is a gross any person other than the true owner or person entitled
misdemeanor. [1984 c 273 § 2.] thereto. or
(c) Having any property or services in one's possession,
9A.52.130 Computer trespass—Commission of custody, or control as partner, to secrete, withhold, or
other crime. A person who, in the commission of a appropriate the same to his or her use or to the use of any
computer trespass, commits any other crime may be pun- person other than the true owner or person entitled thereto,
ished for that other crime as well as for the computer where such use is unauthorized by the partnership agree-
trespass and may be prosecuted for each crime separately. mem
[1984 c 273 § 3.1 (8) "Owner" means a person, other than the actor, who
has possession of or any other interest in the property or
9A.56.010 Definitions. The following definitions are services involved, and without whose consent the actor has
applicable in this chapter unless the context otherwise no authority to exert control over the property or services;
*-quires: (9) "Receive" includes, but is not limited to, acquiring
(1) "Appropriate lost or misdelivered property or title, possession, control, or a security interest, or any other
services" means obtaining or exerting control over the interest in the property;
property or services of another which the actor knows to (10) "Services" includes, but is not limited to, labor,
have been lost or mislaid, or to have been delivered under a professional services, transportation services, electronic
mistake as to identity of the recipient or as to the nature or computer services, the supplying of hotel accommodations,
amount of the property; restaurant services, entertainment, the supplying of equip-
(2) "By color or aid of deception" means that the ment for use, and the supplying of commodities of a public
deception operated to bring about the obtaining of the utility nature such as gas, electricity, steam, and water;
property or services; it is not necessary that deception be the (1 1) "Stolen" means obtained by theft, robbery, or
sole means of obtaining the property or services; extortion;
(3) "Access device" means any card, plate, code, (12) "Subscription television service" means cable or
account number, or other means of account access that can encrypted video and related audio and data services intended
be used alone or in conjunction with another access device for viewing on a home television by authorized members of
to obtain money, goods, services, or anything else of value, the public only, who have agreed to pay a fee for the ser-
or that can be used to initiate a transfer of funds. other than vice. Subscription services include but are not limited to
a transfer originated solely by paper instrument; those video services presently delivered by coaxial cable,
(4) "Deception" occurs when an actor knowingly: fiber optic cable, terrestrial microwave, television broadcast,
(a) Creates or confirms another's false impression which and satellite transmission;
the actor knows to be false; or (13) "Telecommunication device" means (a) any type of
(b) Fails to correct another's impression which the actor instrument, device, machine, or equipment that is capable of
previously has created or confirmed; or transmitting or receiving telephonic or electronic communi-
(c)Prevents another from acquiring information material cations; or (b) any part of such an instrument, device, ma-
to the disposition of the property involved; or chine, or equipment, or any computer circuit, computer chip,
(d) Transfers or encumbers property without disclosing electronic mechanism, or other component, that is capable of
a lien, adverse claim, or other legal impediment to the facilitating the transmission or reception of telephonic or
enjoyment of the property, whether that impediment is or is electronic communications;
not valid, or is or is not a matter of official record; or (14) "Telecommunication service" includes any service
(e) Promises performance which the actor does not other than subscription television service provided for a
:tend to perform or knows will not be performed. charge or compensation to facilitate the transmission,
(5) "Deprive" in addition to its common meaning means transfer, or reception of a telephonic communication or an
to make unauthorized use or an unauthorized copy of electronic communication;
records, information, data, trade secrets, or computer pro- (15) Value. (a) "Value" means the market value of the
grams; property or services at the time and in the approximate area
of the criminal act.
(b) Whether or not they have been issued or delivered, 9A.56.050 Theft in the third degree. (1) A person
written instruments,except those having a readily ascertained is guilty of theft in the third degree if he commits theft of
market value, shall be evaluated as follows: property or services which does not exceed two hundred and
(i) The value of an instrument constituting an evidence fifty dollars in value.
of debt, such as a check, draft, or promissory note, shall be (2) Theft in the third degree is a gross misdemeanor.*..
deemed the amount due or collectible thereon or thereby, [1975 1st ex.s. c 260 § 9A.56.050.1
that figure ordinarily being the face amount of the indebted-
ness less any portion thereof which has been satisfied; 9A.56.060 Unlawful issuance of checks or drafts.
(ii) The value of a ticket or equivalent instrument which I Any person who shall with intent to defraud, make, or
evidences a right to receive transportation, entertainment, or draw, or utter, or deliver to another person any check, or
other service shall be deemed the price stated thereon, if draft on a bank or other depository for the payment of mon-
any; and if no price is stated thereon, the value shall be a know,
at the time of such drawing, or delivery, that he
deemed the price of such ticket or equivalent instrument Y g
which the issuer charged the general public; has not sufficient funds in, or credit with said bank or other
(iii) The value of any other instrument that creates, depository, to meet said check or draft, in full upon its
releases, discharges, or otherwise affects any valuable legal presentation, shall be guilty of unlawful issuance of bank
right, privilege, or obligation shall be deemed the greatest check. The word "credit" as used herein shall be construed
amount of economic loss which the owner of the instrument to mean an arrangement or understanding with the bank or
might reasonably suffer by virtue of the loss of the instru- other depository for the payment of such check or draft, and
the uttering or delivery of such a check or draft to another
ment.
(c) Whenever any series of transactions which constitute person without such fund or credit to meet the same shall
theft, would, when considered separately, constitute theft in prima facie evidence of an intent to defraud.
the third degree because of value, and said series of transac- (2) Any person who shall with intent to defraud, make,
tions are a part of a common scheme or plan, then the or draw, or utter, or deliver to another person any check, or
transactions may be aggregated in one count and the sum of draft on a bank or other depository for the payment of
the value of all said transactions shall be the value consid- money and who issues a stop-payment order directing the
ered in determining the degree of theft involved. bank or depository on which the check is drawn not to honor
(d) Whenever any person is charged with possessing said check, and who fails to make payment of money in the
stolen property and such person has unlawfully in his amount of the check or draft or otherwise arrange a settle-
possession at the same time the stolen property of more than ment agreed upon by the holder of the check within twenty
one person, then the stolen property possessed may be days of issuing said check or draft shall be guilty of unlaw-
aggregated in one count and the sum of the value of all said ful issuance of a bank check.
stolen property shall be the value considered in determining (3) When any series of transactions which constitutd
the degree of theft involved. unlawful issuance of a bank check would, when considered
(e) Property or services having value that cannot be separately, constitute unlawful issuance of a bank check in
ascertained pursuant to the standards set forth above shall be an amount of two hundred fifty dollars or less because of
deemed to be of a value not exceeding two hundred and fifty value, and the series of transactions are a part of a common
dollars; scheme or plan, the transactions may be aggregated in one
(16) "Shopping cart" means a basket mounted on wheels count and the sum of the value of all of the transactions
or similar container generally used in a retail establishment shall be the value considered in determining whether the
by a customer for the purpose of transporting goods of any unlawful issuance of a bank check is to be punished as a
kind; class C felony or a gross misdemeanor.
(17) "Parking area" means a parking lot or other (4) Unlawful issuance of a bank check in an amount
property provided by retailers for use by a customer for greater than two hundred fifty dollars is a class C felony.
parking an automobile or other vehicle. [1995 c 92 § 1; (5) Unlawful issuance of a bank check in an amount of
1987 c 140 § 1; 1986 c 257 § 2; 1985 c 382 § 1; 1984 c 273 two hundred fifty dollars or less is a gross misdemeanor and
§ 6; 1975-'76 2nd ex.s. c 38 § 8; 1975 1st ex.s. c 260 § shall be punished as follows:
9A.56.010.1 (a) The court shall order the defendant to make full
restitution:
9A.56.020 Theft—Definition, defense. (1) "Theft" (b) Tn_- defendant need not be imprisoned, but the court
shall impose a minimum fine of five hundred dollars. Of the
means: fine imposed, at least fifty dollars shall not be suspended or
(a) To wrongfully obtain or exert unauthorized control deferred. Upon conviction for a second offense within any
over the property or services of another or the value thereof, twelve-month period, the court may suspend or defer only
with intent to deprive him of such property or services; or
that portion of the
(b) By color or aid of deception to obtain control over fine which is in excess of five hundred
dollars. [1982 c 138 § 1; 1979 ex.s. c 244 § 14; 1975 1st
the property or services of another or the value thereof, with
,
intent to deprive him of such property or services; or ex.s. c 60 § 9A.56.060.]
(c) To appropriate lost or misdelivered property or
services of another, or the value thereof, with intent to
deprive him of such property or services.
(2) In any prosecution for theft, it shall be a sufficient
defense that the property or service was appropriated openly
and avowedly under a claim of title made in good faith, even
though the claim be untenable. [1975-76 2nd ex.s. c 38 §
9; 1975 lst ex.s. c 260 § 9A.56.020.]
9A.56.140 Possessing stolen property—Definition— television service company for the purpose of interception or
Access devices, presumption. (1) "Possessing stolen receiving a program or other service carried by the company
property" means knowingly to receive, retain, possess, that the person is not authorized by the company to receive;
pceal, or dispose of stolen property knowing that it has or -
...en stolen and to withhold or appropriate the same to the (e) Possesses without authority a device designed in
use of any person other than the true owner or person whole or in part to receive subscription television services
entitled thereto. offered for sale by the subscription television service
(2) The fact that the person who stole the property has company, regardless of whether the program or services are
not been convicted, apprehended, or identified is not a encoded, filtered, scrambled, or otherwise made unintelligi-
defense to a charge of possessing stolen property. ble, or to perform or facilitate the performance of any other
(3) When a person not an issuer or agent thereof has in acts set out in (a) through (d) of this subsection for the
his possession or under his control stolen access devices reception of subscription television services without authori-
issued in the names of two or more persons, he shall be h'
(2) The
presumed to know that they are stolen. This presumption Theft of subscription television services is a gross
may be rebutted by evidence raising a reasonable inference misdemeanor. [1995 c 92 § 2; 1989 c 11 § l; 1985 c 430
that the possession of such stolen access devices was without § 1
knowledge that they were stolen. [1987 c 140 § 3; 1975 1st
ex.s. c 260 § 9A.56.140.1
9A.60.040 Criminal impersonation. (1)A person is
9A.56.170 Possessing stolen property in the third guilty of criminal impersonation in the first degree if the
degree. (1) A person is guilty of possessing stolen property person:
in the third degree if he possesses stolen property which (a) Assumes a false identity and does an act in his or
does not exceed two hundred fifty dollars in value. her assumed character with intent to defraud another or for
(2) Possessing stolen property in the third degree is a any other unlawful purpose; or
gross misdemeanor. [1975 1st ex.s. c 260 § 9A.56.170.] (b) Pretends to be a representative of some person or
organization or a public servant and does an act in his or her
9A.56.180 Obscuring the identity of a machine. (1) pretended capacity with intent to defraud another or for any
A person is guilty of obscuring the identity of a machine if other unlawful purpose.
he knowingly: (2) Criminal impersonation in the first degree is a gross
g y: misdemeanor.
(a) Obscures the manufacturer's serial number or any (3) A person is guilty of criminal impersonation in the
her distinguishing identification number or mark upon any second degree if the person:
vehicle, machine, engine, apparatus, appliance, or other s (d Claims to be a law enforcement officer or creates an
device with intent to render unidentifiable; or impression that he or she is a law enforcement officer; and
(b) Possesses a vehicle, machine, engine, apparatus, (b) Under circumstances not amounting to criminal
appliance, or other device held for sale knowing that the serial number or other identification number or mark has impersonation in the first degree, does an act with intent to
convey the impression that he or she is acting in an official
been obscured. capacity and a reasonable person would believe the person
(2) "Obscure" means to remove, deface, cover, alter, s a law enforcement officer.
destroy, or otherwise render unidentifiable. (4) Criminal impersonation in the second degree is a
(3) Obscuring the identity of a machine is a gross misdemeanor. [1993 c 457 § 1; 1975 1st ex.s. c 260 §
misdemeanor. [1975-'76 2nd ex.s. c 38 § 11; 1975 1st ex.s. 9A.60.040.1
c 260 § 9A.56.180.1
9A.56.220 Theft of subscription television services. 9A.60.050 False certification. (1) A person is guilty
(1) A person is guilty of theft of subscription television of false certification, if, being an officer authorized to take
services if, with intent to avoid payment of the lawful charge a proof or acknowledgment of an instrument which by law
of a subscription television service, he or she: may be recorded, he knowingly certifies falsely that the
(a) Obtains or attempts to obtain subscription television execution of such instrument was acknowledged by any
service from a subscription television service company by party thereto or that the execution thereof was proved.
trick, artifice, deception, use of a device or decoder, or other (2) False certification is a gross misdemeanor. [1975-
fraudulent means without authority from the company '76 2nd ex.s. c 38 § 15; 1975 1st ex.s. c 260 § 9A.60.050.1
providing the service;
(b) Assists or instructs a person in obtaining or attempt-
ing to obtain subscription television service without authority 9A.61.010 Definitions. The definitions set forth in
of the company providing the service; this section apply throughout this chapter.
(c) Makes or maintains a connection or connections, (1) "Customer" means the person in whose name a
whether physical, electrical, mechanical, acoustical, or by utility service is provided.
,they means, with cables, wires„ components, or other
devices used for the distribution of subscription television (2) "Divert" means to change the intended course or
services without authority from the company providing the
path of electricity, gas, or water without the authorization or
consent of the utility.
services; (3) "Person" means an individual, partnership, firm,
(d) Makes or maintains a modification or attention to
a device installed with the authorization of a subscription association, or corporation or government agency.
2-4 � 38
(4) "Reconnection" means the commencement of utility (b) The statement recites that it was made under oath,
service to a customer or other person after service has been the declarant was aware of such recitation at the time he or
lawfully disconnected by the utility. she made the statement, intended that the statement should
(5) "Tamper' means to rearrange, injure, alter, interfere be-represented as a sworn statement, and the statement wasr
with, or otherwise prevent from performing the normal or in fact so represented by its delivery or utterance with theP
customary function. signed jurat of an officer authorized to administer oaths
(6) "Utility" means an electrical company,gas company, appended thereto; or
or water company as those terms are defined in RCW (c) It is a statement, declaration, verification, or certifi-
80.04.010, and includes an electrical, gas, or water system cate, made within or outside the state of Washington, which
operated by a public agency. is certified or declared to be true under penalty of perjury as
(7) "Utility service" means the provision of electricity, provided in RCW 9A.72.085.
gas, water, or any other service or commodity furnished by (3) An oath is "required or authorized by law" when the
the utility for compensation. [1999 c 109 § 1.1 use of the oath is specifically provided for by statute or
regulatory provision or when the oath is administered by a
person authorized by state or federal law to administer oaths;
9A.61.020 Defrauding a public utility. "Defrauding (4) "Official proceeding" means a proceeding heard
a public utility" means to commit, authorize, solicit, aid, before any legislative, judicial, administrative, or other
abet, or attempt to: government agency or official authorized to hear evidence
(1) Divert, or cause to be diverted, utility services by under oath, including any referee, hearing examiner, com-
any means whatsoever; missioner, notary, or other person taking testimony or
(2) Make, or cause to be made, a connection or depositions;
reconnection with property owned or used by the utility to (5) "Juror" means any person who is a member of any
provide utility service without the authorization or consent jury, including a grand jury, impaneled l y any court of this
of the utility; state or by any public servant authorized by law to impanel
(3) Prevent a utility meter or other device used in a jury; the term juror also includes any person who has been
determining the charge for utility services from accurately drawn or summoned to attend as a prospective juror;
performing its measuring function by tampering or by any (6) "Testimony" includes oral or written statements,
other means; documents, or any other material that may be offered by a
(4) Tamper with property owned or used by the utility witness in an official proceeding. (1995 c 285 § 30; 1981
to provide utility services; or c 187 § 1; 1975 Ist ex.s. c 260 § 9A.72.010.]
(5) Use or receive the direct benefit of all or a portion
of the utility service with knowledge of, or reason to believe 9A.72.040 False swearing. (1) A person is guilty of '
that, the diversion, tampering, or unauthorized connection false swearing if he makes a false statement, which he
existed at the time of the use or that the use or receipt was knows to be false, under an oath required or authorized by
without the authorization or consent of the utility. [1989 c law.
109 § 2.1 (2) False swearing is a gross misdemeanor. [1975 Ist
ex.s. c 260 § 9A.72.040.]
9A.61.050 Defrauding a public utility in the third
degree. (1) A person is guilty of defrauding a public utility 9A.72.060 Perjury and false swearing—Retraction.
in the third degree if: No person shall be convicted of perjury or false swearing if
(a) The utility service diverted or used is five hundred he retracts his false statement in the course of the same
dollars or less in value; or proceeding in which it was made, if in fact he does so
(b) A connection or reconnection has occurred without before it becomes manifest that the falsification is or will be
authorization or consent of the utility. exposed and before the falsification substantially affects the
(2) Defrauding a public utility in the third degree is a proceeding. Statements made in separate hearings at
gross misdemeanor. [1989 c 109, § 5.] separate stages of the same trial, administrative, or other
official proceeding shall be treated as if made in the course
of the same proceeding. (1975-76 2nd ex.s. c 38 § 16;
9A.72.010 Definitions. The following definitions are 1975 Ist ex.s. c 260 § 9A.72.060.]
applicable in this chapter unless the context otherwise 9A.72.070 Perjury and false swearing—
requires: Irregularities no defense. It is no defense to a prosecution
(1) "Materially false statement" means any false for perjury or false swearing:
statement oral or written, regardless of its admissibility under (1) That the oath was administered or taken in an
the rules of evidence, which could have affected the course irregular manner; or
or outcome of the proceeding; whether a false statement is (2) That the person administering the oath lacked
material shall be determined by the court as a matter of law; authority to do so, if the taking of the oath was required or
(2) "Oath" includes an affirmation and every other mode authorized by law. (1975 1st ex.s. c 260 § 9A.72.070.]
authorized by law of attesting to the truth of that which is
stated; in this chapter, written statements shall be treated as 9A.72.140 jury tampering. (1) A person is guilty of
if made under oath if: jury tampering if with intent to influence a juror's vote,
(a) The statement was made on or pursuant to instruc- opinion, decision, or other official action in a case, he
tions on an official form bearing, notice, authorized by law, attempts to communicate directly or indirectly with a juror
to the effect that false statements made therein are punish- other than as part of the proceedings in the trial of the case.
able; (2) Jury tampering is a gross misdemeanor. (1975 Ist
ex.s. c 260 § 9A.72.140.1
25 0� �8
9A.72.150 Tampering with physical evidence. (1) has committed a crime or juvenile offense or is being sought
A person is guilty of tampering with physical evidence if, by law enforcement officials for the commission of a crime
having reason to believe that an official proceeding is or juvenile offense or has escaped from a detention facility,
ending or about to be instituted and acting without legal he: (1) Harbors or conceals such person; or
ight or authority, he: 2 Warns such person of impending discover or
(a) Destroys, mutilates, conceals, removes, or alters apprehension; or P P g y
physical evidence with intent to impair its appearance, PP 3 provides such person with money, transportation,
character, or availability in such pending or prospective disguise, or other means of avoiding discovery or apprehen-
official proceeding; or
(b) Knowingly presents or offers any false physical Sion;(4)Prevents or obstructs, by use of force, deception, or
evidence. threat, anyone from performingan act that might aid in the
(2) "Physical evidence" as used in this section includes discove yor apprehension of such person; or
any article, object, document, record, or other thing of (5) Conc as, alters, or destroys any physical evidence
physical substance. that might aid in the discovery or apprehension of such
(3) Tampering with physical evidence is a gross misdemeanor. [1975 Ist ex.s. c 260 § 9A.72.150.1 Person; or(6) Provides such person with a weapon. [1982 1st
ex.s. c 47 § 20; 1975 1 st ex.s. c 260 § 9A.76.050.1
9A.76.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise 9A.76.060 Relative defined. As used in RCW
requires: 9A.76.070 and 9A.76.080, "relative" means a person:
(1) "Custody" means restraint pursuant to a lawful arrest 1 Who is related as husband or wife, brother or sister,
or w: order of a court, t any period u service pt a work parent or grandparent- child or grandchild, step-child or step-
crew: PROVIDED, That custody pursuant 3 chapter chapter
arent to the person to whom criminal assistance is rendered:
RCW and RCW 74.13.020 and 74.13.031 and chapter P
13.32A RCW shall not be deemed custody for purposes of and
(2) Who does not render criminal assistance to another
this chapter;
(2) "Detention facility" means any place used for the person in one or more of the means defined in subsections
confinement of a person (a) arrested for, charged with or (4), (5), or (6) of RCW 9A.76.050. [1975 1st ex.s. c 260 §
convicted of an offense, or (b) charged with being or 9A.76.060.1
adjudicated to be a juvenile offender as defined in RCW 9A.76.070 Rendering criminal assistance in the first
13.40.020 as now existing or hereafter amended, or(c) held degree. (1) A person is guilty of rendering criminal
ror extradition or as a material witness, or (d) otherwise assistance in the first degree if he renders criminal assistance
confined pursuant to an order of a court, except an order to a person who has committed or is being sought for mur-
under chapter 13.34 RCW or chapter 13.32A RCW, or(e) in der in the first degree or any class A felony or equivalent
any work release, furlough, or other such facility or program; juvenile offense.
(3) "Contraband" means any article or thing which a (2) Rendering criminal assistance in the first degree is:
person confined in a detention facility is prohibited from (a) A gross misdemeanor if it is established by a
obtaining or possessing by statute, rule, regulation, or order preponderance of the evidence that the actor is a relative as
of a court. [1991 c 191 § 6; 1979 c 155 § 35; 1977 ex.s. c defined in RCW 9A.76.060;
291 § 53; 1975 1st ex.s. c 260 § 9A.76.010] (b) A class C felony in all other cases. [1982 1st ex.s.
c 47 § 21; 1975 1st ex.s. c 260 § 9A.76.070.1
9A.76.030 Refusing to summon aid for a peace
officer. (I) A person is guilty of refusing to summon aid 9A.76.080 Rendering criminal assistance in the
for a peace officer if, upon request by a person he knows to second degree. (1) A person is guilty of rendering criminal
be a peace officer, he unreasonably refuses or fails to assistance in the second degree if he renders criminal as-
summon aid for such pace officer. sistance to a person who has committed or is being sought
(2) Refusing to summon aid for a peace officer is a for a class B or class C felony or an equivalent juvenile
misdemeanor. (1975 1st ex.s. c 260 § 9A.76.030.1 offense or to someone being sought for violation of parole,
probation, or community supervision.
9A.76.040 Resisting arrest. (1) A person is guilty of (2) Rendering criminal assistance in the second degree
resisting arrest if he intentionally prevents or attempts to is:
prevent a peace officer from lawfully arresting him. (a) A misdemeanor if it is established by a preponder-
(2) Resisting arrest is a misdemeanor. [1975 1st ex.s. ante of the evidence that the actor is a relative as defined in
c 260 § 9A.76.040.1 RCW 9A.76.060;
(b) A gross misdemeanor in all other cases. [1992 1st
ex.s. c 47 § 22: 1975 1st ex.s. c 260 § 9A.76.080.1
9A.76.050 Rendering criminal assistance—
Definition of term. As used in RCW 9A.76.070, 9A.76.090 Rendering criminal assistance in the
9A.76.080, and 9A.76.090, a person "renders criminal third degree. (1) A person is guilty of rendering criminal
assistance" if, with intent to prevent, hinder, or delay the assistance in the third degree if he renders criminal as-
apprehension or prosecution of another person who he knows sistance to a person who has committed a gross misdemean-
or or misdemeanor.
(2) Rendering criminal assistance in the third degree is
a misdemeanor. (1975 1st ex.s. c 260 § 9A.76.090.1
216 38
9A.76.100 Compounding. (1) A person is guilty of 9A.84.010 Riot. (1) A person is guilty of the crime.
if: of riot if, acting with three or more other persons, he
compounding
(a) H requests, accepts, or agrees to accept any knowingly and unlawfully uses or threatens to use force, or
pecuniary benefit pursuant to an agreement or understanding in any way participates in the use of such force,against any 1
that he will refrain from initiating a prosecution for a crime; other person or against property.
(2) The crime of riot is:
or (b) He confers, or offers or agrees to confer, any (a) A class C felony, if the actor is armed with a deadly
pecuniary benefit upon another pursuant to an agreement or weapon' gross misdemeanor in all other cases. (1975 Ist
understanding that such other person will refrain from (b) A) g
initiating a prosecution for a crime. ex.s. c 260 § 9A.84.010.]
(2) In any prosecution under this section, it is a defense
if established by a preponderance of the evidence that the 9A.84.020 Failure to disperse. (1) A person is guilty
pecuniary benefit did not exceed an amount which the of failure to disperse if:
defendant reasonably believed to be due as restitution or (a) He congregates with a group of three or more other
indemnification for harm caused by the crime. persons and there are acts of conduct within that group
(3) Compounding is a gross misdemeanor. [1975 Ist which create a substantial risk of causing injury to any
ex.s. c 260 § 9A.76.100.1 person, or substantial harm to property; and
(b) He refuses or fails to disperse when ordered to do so
9A.76.160 Introducing contraband in the third by a peace officer or other public servant engaged in
degree. (1) A person is guilty of introducing contraband in enforcing or executing the law.
the third degree if he knowingly and unlawfully provides (2) Failure to disperse is a misdemeanor. [1975 Ist
contraband to any person confined in a detention facility. ex.s. c Fa § re to disperse
(2) Introducing contraband in the third degree is a
misdemeanor. [1975 Ist ex.s. c 260 § 9A.76.160.1
9A.84.040 False reporting. (1) A person is guilty of
9A.76.170 Bail jumping. (1) Any person having been false reporting if with knowledge that the information
released by court order or admitted to bail with the require- reported, conveyed or circulated is false, he initiates or
ment of a subsequent personal appearance before any court circulates a false report or warning of an alleged occurrence
of this state, and who knowingly fails to appear as required or impending occurrence of a fire, explosion, crime, catastro-
is guilty of bail jumping. phe, or emergency knowing that such false report is likely to
(2) Bail jumping is: cause evacuation of a building, place of assembly, or
(a) A class A felony if the person was held for, charged transportation facility, or to cause public inconvenience or
with, or convicted of murder in the first degree; alarm.
(b) A class B felony if the person was held for, charged (2) False reporting is a gross misdemeanor. [1975 Ist
with, or convicted of a class A felony other than murder in ex.s. c 260 § 9A.84.040.]
the first degree;
(c) A class C felony if the person was held for, charged of indecentexposure ifIndecent intentionally sure. 1) A person
any open and
guilty
with, or convicted of a class B or class C felony;
(d) A misdemeanor if the person was held for, charged obscene exposure of his person or the person of another
with, or convicted of a gross misdemeanor or misdemeanor. knowing that such conduct is likely to cause reasonable
[1983 Ist ex.s. c 4 § 3; 1975 Ist ex.s. c 260 § 9A.76.170.1 affro(2)Indecent exposure is a misdemeanor unless such
9A.76.175 Making a false or misleading statement person exposes himself to a person under the age of fourteen
to a public servant. A person who knowingly makes a years in which case indecent exposure is a gross misdemean-
false or misleading material statement to a public servant is or on the first offense and, if such person has previously
guilty of a gross misdemeanor. "Material statement" means been convicted under this subsection or of a sex offense as
a written or oral statement reasonably likely to be relied defined in RCW 9.94A.030, then such person is guilty of a
upon by a public servant in the discharge of his or her class C felony punishable under chapter 9A.20 RCW. (1990
official powers or duties. [1995 c '285 § 32.1 c 3 § 904; 1987 c 277 § 1; 1975 Ist ex.s. c 260 §
9A.88.010.1
9A.80.010 Official misconduct (1) A public servant 9A.88.030 Prostitution. (1) A person is guilty of
is guilty of official misconduct if, with intent to obtain a prostitution if such person engages or agrees or offers to
benefit or to deprive another person of a lawful right or engage in sexual conduct with another person in return for
privilege: a fee.
(a) He intentionally commits an unauthorized act under (2) For purposes of this section, "sexual conduct" means
color of law; or "sexual intercourse" or "sexual contact," both as defined in
(b) He intentionally refrains from performing a duty chapter 9A.44 RCW.
imposed upon him by law. (3) Prostitution is a misdemeanor. (1988 c 145 § 16;
(2) Official misconduct is a gross misdemeanor. [1975- 1979 ex.s. c 244 § 15; 1975 Ist ex.s. c 260 § 9A.88.030.1
'76 2nd ex.s. c 38 § 17; 1975 Ist ex.s. c 260 § 9A.80.010.]
2.1 4 se
0) "Substantial bodily harm" means substantial bodily
9A.88.050 Prostitution—Sex of parties immaterial— harm as defined in RCW 9A.04.110. [1994 c 261 § 2.1
No defense. In any prosecution for prostitution, the sex of
the two parties or prospective patties to the sexual conduct
, trainers,
ngaged in, contemplated, or solicited is immaterial, and it spectators—lExceptions..52.117 l(1) Any person who sdoes any of
is no defense that: the following is it of a ss misdemeanor punishabie by
(1) Such persons were of the same sex; or g t gross
(2) The person who received, agreed to receive, or imprisonment not to exceed one year, or by a fine not to
solicited a fee was a male and the person who paid or agreed exceed five thousand dollars, or by both fine and imprison-
or offered to pay such fee was female. (1975 lst ex.s. c 260 ment:a Owns, possesses, keeps, or trains any animal with
§ 9A.88.050.1 the intent that the animal shall be engaged in an exhibition
9A.88.090 Permitting prostitution. (1) A person is of fighting with another animal;
guilty of permitting prostitu tion if, having possession or (b) For amusement or gain causes any animal to fight
with another animal, or causes any animals to
control of premises which he know injure each
s are being used for prostitution purposes, he fails without lawful excuse to make other; or
reasonable effort to halt or abate such use. (ci Permits any act in violation of (a) or (b) of this
(2)Permitting prostitution is a misdemeanor. [1975 lst subsection to be done on any premises under his or her
ex.s. c 260 § 9A.88.090.1 charge or control, or promotes or aids or abets any such act
(2) Any person who is knowingly present, as a specta-
16.52.011 Definitions—Principies of liability. (1) tor, at any place or building where preparations are being
Principles of liability as defined in chapter 9A.08 RCW made for an exhibition of the fighting of animals, with the
apply to this chapter. intent to be present at such preparations, or is knowingly
(2) Unless the context clearly requires otherwise, the present at such exhibition or at any other fighting or injuring
definitions in this section apply throughout this chapter. as described in subsection (1)(b) of this section, with the
(a) "Animal" means any nonhuman mammal, bird, intent to be present at such exhibition, fighting, or injuring,
reptile, or amphibian. is guilty of a misdemeanor.
(b) "Animal care and control agencv" means any city or z) Nothing in this section may prohibit the following:
county animal control agency or authority authorized to a) The use of dogs in the management of livestock, as
enforce city or county municipal ordinances regulating the defined by chapter 16.57 RCW, by the owner of the live-
care, control, licensing, or treatment of animals within the stock or the owner's employees or agents or other persons in
-ity or county, and any corporation organized under RCW lawful custody of the livestock;
,6.52.020 that contracts with a city or county to enforce the h) The use of dogs in hunting as permitted by law; or
city or county ordinances governing animal care and control. (c) The training of animals or the use of equipment in
ic) 'Animal control officer" means any individual the training of animals for any purpose not prohibited by
employed. contracted. or appointed pursuant to RCW law '1994 c 261 § ll: 1982 c 114 § 9.]
16..K.025 by an animal care and control agency or humane
society to aid in the enforcement of ordinances or laws 1652.190 Poisoning animals. (1) Except as provided
regulating the care and control of animals. For purposes of in subsections (2) and (3) of this section, a person is guilty
this chapter, the term "animal control officer" shall be or the crime of poisoning animals if the person intentionally
interpreted to include "humane officer' as defined in (e) of or knowingly poisons an animal under circumstances which
this subsection and RCW 16.52.025. do not constitute animal cruelty in the first degree.
(d) "Euthanasia' means the humane destruction of an i2) Subsection (1) of this section shall not apply to
animal accomplished by a method that involves instanta- euthanizing by poison an animal in a lawful and humane
neous unconsciousness and immetimte death. or by a method manner by the animal's owner, or by a duly authorized
that causes painless loss of consciousness. and death during servant or agent of the owner, or by a person acting pursuant
the loss of consciousness. :o instructions from a duly constituted public authority.
(e) "Humane officer' means any individual employed. 3) Subsection (I) of this section shall not apply to the
contracted, or appointed by an animal care and control reasonable use of rodent or pest poison, insecticides, fungi-
agency or humane society as authorized under RCW cides, or slug bait for their intended purposes. As used in
16.5'_.025. this section, the term "rodent" includes but is not limited to
(f) "Law enforcement agency" means a general authority Columbia ground squirrels, other ground squirreis, rats, mice.
Washington law enforcement agency as defined in RCW gophers, rabbits, and any other rodent designated as injurious
10.93.020. to the agricultural interests of the state as provided in
g) "Necessary food" means the provision at suitable *chapter 17.16 RCW The term "pest" as used in this
intervals of wholesome foodstuff' suitable for the animal's section includes any pest as defined in RCW 17.21.020.
age and species and sufficient to provide a reasonable level �1994 : 261 § 13, 1941 c 105 § 1: RRS § 3207-1. Formerly
of nurntion for the animal. RC%V lb.52.'50. part.;
(h) "Owner" means a person who has a right, claim.
aie, legal share, or right of possession to an animal or a
person having lawful control, custody, or possession of an 16.52.195 Poisoning animals—Penalty. Any person
animal. violating any of the provisions of RCW 16.52.190 or
(i) "Person" means individuals, corporations, partner- 16.52.193 shall be guilty of a gross misdemeanor. (1941 c
ships, associations, or other legal entities, and agents of 105 S 3; RRS § 3207-3. Formerly RCW 16.52.150, part.;
those entities. ,2 _r ?�
1652,207 Animal cruelty in the second degree. (1) (2) "Beer' means any malt beverage or malt liquor as
these terms are defined in this chapter.
A person is guilty of animal cruelty in the second degree if, (3) "Brewer" means any person engaged in the business
under circumstances not amounting to first degree animal of manufacturing beer and malt liquor.
cruelty, the person knowingly, recklessly; or with criminal (4) "Board" means the liquor control board, constituted
negligence inflicts unnecessary suffering or pain upon an under this title.
animal. (5) "Club" means an organization of persons, incorporat-
ed An owner of an animal is guilty of animal cruelty in or unincorporated, operated solelyfor fraternal, benevo-
the second degree if, under circumstances not amounting to lent, educational, athletic r socialpurposes. and not for
first degree animal cruelty, the owner knowingly, recklessly, pecuniary gain.
or with criminal negligence:
(a) Fails to provide the animal with necessary food, (6) "Consume" includes the putting of liquor to any use,
water, shelter, rest, sanitation, ventilation, space, or medical whether by drinking or otherwise.
attention and the animal suffers unnecessary or unjustifiable (7) "Dentist" means a practitioner of dentistry duly and
physical pain as a result of the failure; or regularly Iicensed and engaged in the practice of his profes-
(b) Abandons the animal. sion within the state pursuant to chapter 18.32 RCW.
(3) Animal cruelty in the second degree is a misdemean- (8) "Distiller"
spier" means a person engaged in the business
of di
or.
(4) In any prosecution of animal cruelty in the second certific)ateDandgsta registered ans pharmacistharmacisthand is dulyvalid
nd
degree, it shall be an affirmative defense, if established by g P
the defendant by a preponderance of the evidence, that the regularly engaged in carrying on the business of pharma-
defendant's failure was due to economic distress beyond the ceuticai chemistry pursuant to chapter 18.64 RCW.
defendant's control. [1994 c 261 § 9.] (10) "Drug store" means a place whose principal
business is, the sale of drugs, medicines and pharmaceutical
preparations and maintains a regular prescription department
1652.210 Destruction of animal by law enforcement and employs a registered pharmacist during all hours the
officer—Immunity from liability. This chapter shall not drug store is open.
limit the right of a law enforcement officer to destroy an (11) "Employee" means any person employed by the
animal that has been seriously injured and would otherwise board. including a vendor, as hereinafter in this section
continue to suffer. Such action shall be undertaken with defined.
reasonable prudence and, whenever possible, in consultation (12) "Fund" means 'liquor revolving fund.'
with a licensed veterinarian and the owner of the animal. (13) "Hotel" means every building or other structure.
Law enforcement officers and licensed veterinarians kept, used, maintained, advertised or held out to the public
shall be immune from civil and criminal liability for actions to be a place where food is served and sleeping accommoda-
taken under this chapter if reasonable prudence is exercised lions are offered for pay to transient guests, in which twenty
in carrying out the provisions of this chapter. [1987 c 335 or more rooms are used for the sleeping accommodation of
§ 3.] such transient guests and having one or more dining rooms
where meals are served to such transient guests, such
26.28.080 Selling or giving tobacco to minor—Belief sleeping accommodations and dining rooms being conducted
of representative capacity, no defense Penalty. Every in the same building and buildings, in connection therewith,
person who sells or gives, or permits to be sold or given to and such structure or structures being provided, in the
any person under the age of eighteen years any cigar, ctga- judgment of the board, with adequate and sanitary kitchen
C.
retie, cigarette paper or wrapper. or tobacco in any form is and dining room equipment and capacity, for preparing,
uuiity of a gross misdemeanor. cooking and serving suitable food for its guests: PROVID-
It shall be no defense to a prosecution for a violation of ED FURTHER, That in cities and towns of less than five
this section that the person acted, or was believed by the thousand population, the board shall have authority to waive
defendant to act, as agent or representative of another the provisions requiring twenty or more rooms.
1994 sp.s. c 7 § 437. Prior: 1987 c 250 § 2: 1987 c 204 (14) "Imprisonment" means confinement in the county
§ 1; 1971 ex.s. c 292 § 37: 1919 c 17 § 1: 1911 c 133 § l: jail.
1909 ex.s. c 27 § 1. 1909 c 249 § 193: 1901 c 122 § 1 151 "Liquor" includes the four varieties of liquor herein
1895 c 126 §§ 1, 3 and 4; RRS § 2445. Formerly RCW defined (alcohol, spirits, wine and beer), and all fermented
26.08.080, 26.08.090. and 26.08.1.00.1 spirituous, vinous. or malt liquor, or combinations thereof,
and mixed liquor, a part of which is fermented spirituous,
66-04.010 Definitions. In this title, unless the context vinous or malt liquor, or otherwise intoxicating; and every
otherwise requires: liquid or solid or semisolid or other substance, patented or
(1) "Alcohol" is that substance known as ethyl alcohol, not, containing alcohol, spirits, wine or beer, and all drinks
hydrated oxide or ethyl, or spirit of wine, which is common- or drinkable liquids and all preparations or mixtures capable
ly produced by the fermentation or distillation of grain, of human consumption, and any liquid, semisolid solid or
starch, molasses, or sugar, or other substances including all other substance, which contains more than one percent of
dilutions and mixtures of this substance. The term "alcohol" alcohol by weight shall be conclusively deemed to be
does not include alcohol in the possession of a manufacturer intoxicating. Liquor does not include confections or food
or distiller of alcohol fuel, as described in RCW 66.12.130, products that contain one percent or less of alcohol by
which is intended to be denatured and used as a fuel for use weight.
in motor vehicles, farm implements, and machines or (16) "Manufacturer" means a person engaged in the
implements of husbandry. preparation of liquor for sale, in any form whatsoever.
29 0� �8
( (28) "Spirits" means any beverage which contains
17) "Malt beverage" or "malt liquor" means any
alcohol obtained by distillation, including wines exceeding
beverage such as beer, ale, lager beer, stout, and porter twenty-four percent of alcohol by volume.
obtained by the alcoholic fermentation of an infusion or (29) "Store" means a state liquor store established under
a-coction of pure hops, or pure extract of hops and pure this title.
,ley malt or other wholesome grain or cereal in pure water (30) "Tavern" means any establishment with special
containing not more than eight percent of alcohol by weight, space and accommodation for sale by the glass and for
and not less than one-half of one percent of alcohol by consumption on the premises, of beer, as herein defined.
volume. For the purposes of this title, any such beverage (31) "Vendor" means a person employed by the board
containing more than eight percent of alcohol by weight as a store manager under this title.
shall be referred to as "strong beer." (32) "Winery" means a business conducted by any
(18) "Package" means any container or receptacle used
for holding liquor. person for the manufacture of wine for sale, other than a
domestic winery.
this
"Permit" means a permit for the purchase of liquor (33) "Domestic winery" means a place where wines are
under is title. manufactured or produced within the state of Washington.
(20) "Person" means an individual, copartnership. (34) "Wine" means any alcoholic beverage obtained by
association, or corporation. fermentation of fruits (grapes, berries, apples, etcetera) or
(21) "Physician" means a medical practitioner duly and other agricultural product containing sugar, to which any
regularly licensed and engaged in the practice of his profes- saccharine substances may have been added before, during
sion within the state pursuant to chapter 18.71 RCW. or after fermentation, and containing not more than twenty-
(22) "Prescription" means a memorandum signed by a tour percent of alcohol by volume. including sweet wines
physician and given by him to a patient for the obtaining of fortified with wine spirits, such as port. sherry, muscatel and
liquor pursuant to this title for medicinal purposes. angelica, not exceeding twenty-four percent of alcohol by
23) "Public place" includes streets and alleys of volume and not less than one-half of one percent of alcohol
incorporated cities and towns: state or county or township by volume. For purposes of this tide, any beverage contain-
highways or roads: buildings and grounds used for school ing no more than fourteen percent of alcohol by volume
purposes: public dance halls and grounds adjacent thereto: when bottled or packaged by the manufacturer shall be
those pans of establishments where beer may be sold under referred to as "table wine." and any beverage containing
this title, soft drink establishments, public buildings, public alcohol in an amount more than fourteen percent by volume
meeting halls, lobbies, halls and dining rooms of hotels. when bottled or packaged by the manufacturer shall be
restaurants, theatres, stores, garages and filling stations referred to as "fortified wine." However, "fortified wine"
which are open to and are generally used by the public and shall not include: (a) Wines that are both sealed or capped
)which the public is permitted to have unrestricted access: by cork closure and aged two years or more: and (b) wines
iroad trains, stages; and other public conveyances of all that contain more than fourteen percent alcohol by volume
kinds and character, and the depots and waiting rooms used solely as a result of the natural fermentation process and that
n conjunction therewith which are open [o unrestricted use have not been produced with the addition of wine spirits.
and access by the public: publicly owned bathing beaches, brandv, or alcohol.
parks. and/or playgrounds: and all other places of like or
similar nature to which the general public has unrestricted This subsection shall not be interpreted to require that
right of access, and which are generally used by the public. any wine be labeled with the designation "[able wine" or
(24) "Regulations" means reguiauons made by the board fortified wine."
under the powers conferred by this title. 35) "Beer wholesaler" means a person who buys beer
(25) "Restaurant" means any establishment provided from a brewer or brewery located either within or beyond
with special space and accommodations where. in consider- the boundaries of the state for the purpose of selling the
ation of payment, food, without lodgings, is habitually same pursuant to this title, or who represents such brewer or
furnished to the public, not including drug stores and soda brewery as agent.
fountains. (36) "Wine wholesaler" means a person who buys wine
(26i "Sale" and "sell" include exchange. barter, and Isom a vinmer or winery located either within or beyond the
traffic: and also include the selling or supplying or distribut- boundaries of the Stale for the purpose of selling the same
ing, by any means whatsoever, of liquor, or of any liquid not in violation of this title, or who represents such vinmer
known or described as beer or by any name whatever or winery as agent. (1991 c 192 § 1; 1987 c 386 § 3: 1984
commonly used to describe malt or brewed liquor or of 78 § 5: 1982 c 39 § 1; 1981 1st ex.s. c 5 § 1; 1980 c 140
wine, by any person to any person; and also include a sale § 3: 1969 ex.s. c 21 § 13; 1935 c 158 § 1; 1933 ex.s. c 62
or selling within the state to a foreign consignee or his agent § 3; RRS § 7306-3. Formerly RCW 66.04.010 through
in the state. "Sale" and "sell" shall not include the giving, 66.04.380.1
at no charge, of a reasonable amount of liquor by a person
not licensed by the board to a person not licensed by the 66.28.200 Keg registration Requirements of seller.
board. for personal use only. "Sale" and "sell" also does not Licensees holding a class A or B license in combination with
include a raffle authorized under RCW 9.46.0315: PRO- a class E license may sell malt liquor in kegs or other
'IDED. That the nonprofit organrzauon conducting the raffle containers capable of holding four gallons or more of liquid.
.s obtained the appropriate permit from the board. Any person who sells or offers for sale the contents of kegs
(27) "Soda fountain" means a place especially equipped or other containers containing four gallons or more of malt
with apparatus for the purpose of dispensing soft drinks, liquor, or leases kegs or other containers that will hold four
whether mixed or otherwise. gallons of malt liquor, to consumers who are not licensed
under chapter 66.24 RCW shall do the following for any
transaction involving the container:
7jo 4 ?
(1) Require the purchaser of the malt liquor to sign a than five hundred dollars, or for imprisonment for not more
declaration and receipt for the keg or other container or than two months, or both; for a second offense for a penalty
beverage in substantially the form provided in RCW of not more than five hundred dollars or imprisonment for
66.28.220; not more than six months, or both; and for a third or
(2) Require the purchaser to provide one piece of subsequent offense for a penalty of not more than five
identification pursuant to RCW 66.16.040; hundred dollars or imprisonment for more than one year, or
(3) Require the purchaser to sign a sworn statement, both. [1989 c 271 § 232.1
under penalty of perjury, that:
(a) The purchaser is of legal age to purchase, possess. 66.44.100 Opening or consuming liquor in public
or use malt liquor; place Penalty. Except as permitted by this title, no person
(b) The purchaser will not allow any person under the shall open the package containing liquor or consume liquor
age of twenty-one years to consume the beverage except as in a public place. Every person who violates any provision
provided by RCW 66.44.270: of this section shall be guilty of a misdemeanor, and on
(c) The purchaser will not remove, obliterate, or allow conviction therefor shall be fined not more than one hundred
to be removed or obliterated, the identification required dollars. 11991 1st ex.s. c 5 § 21; 1933 ex.s. c 62 § 34; RRS
under RCW 66.28.220 to be affixed to the container. § 7306-34.]
(4) Require the purchaser to state the particular address
where the malt liquor will be consumed, or the particular 66.44.150 Buying liquor illegally. If any person in
address where the keg or other container will be physically
located; and this state buys alcoholic beverages from any person other
(5) Require the purchaser to maintain a copy of the than the board, a state liquor store, or some person autho-
rized by the board to sell them, he shall be guilty of a mis-
declaration and receipt next to or adjacent to the keg or other demeanor. [1955 c 289 § 5. Prior: 1939 c 172 § 6(4);
container, in no event a distance greater than five feet, and 1935 c 174 § 15(4); 1933 ex.s. c 62 § 92(4); RRS § 7306-
visible without a physical barrier from the keg, during the 92(4).]
time that the keg or other container is in the purchaser's
possession or control. [1993 c 21 § 2: 1989 c 271 § 229.1
66.44.180 General penalties—Jurisdiction for
66.28.210 Keg registration—Requirements of violations. Every person guilty of a violation of this title for
purchaser. Any person who purchases the contents of kegs which no penalty has been specifically provided shall be
gallons or more of malt
liable, on conviction, for a first offense to a penalty of not
or other containers containing four
more than five hundred dollars, or to imprisonment for not,.
liquor, or purchases or leases the container shall:
more than two months, or both; for a second offense to
(1) Sign a declaration and receipt for the keg or other
container or beverage in substantially the form provided in imprisonment for not more than six months; and for a third
or subsequent offense to imprisonment for not more than one
RCW 66.28.220;
(2) Provide one piece of identification pursuant to RCW year. If the offender convicted of an offense referred to in
66.16.040; this section is a corporation, it shall for a first offense be
(3) Be of legal age to purchase, possess, or use malt liable to a penalty of not more than five thousand dollars,
and for a second or subsequent offense to a penalty of not
liquor: more than ten thousand dollars, or to forfeiture of its
(4) Not allow any person under the age of twenty-one corporate license, or both.
o consume the beverage except as provided by RCW Every district judge and municipal judge shall have
66.44.270; concurrent jurisdiction with superior court judges of the state
(5) Not remove, obliterate, or allow to be removed or of Washington of all violations of the provisions of this title
obliterated. the identification required under rules adopted by and may impose any punishment provided therefor. [1987
the board; c 202 § '25; 1981 1st ex.s. c 5 § = 1935 c 174 § 16; 1933
(6) Not move, keep, or store the keg or its contents. exs. c 62 3 93: RRS § 7306-93.1
except for transporting to and from the distributor, at any
place other than that particular address declared on the 66.44.200 Sales to persons apparently under the
receipt and declaration; and
(7) Maintain a copy of the declaration and receipt next influence a liquor. e person shall sell any liquor to any
to or adjacent to the keg or other container. in no event a person apparently under r the influence of liquor. [1933 ex.s.
distance greater than five feet. and visible without a physical c 62 § 3b: RRS § 7306-36.1
barrier from the keg, during the time that the keg or other
container is in the purchaser's possession or control. [1989 66.44.240 Drinking in public conveyance—Penalty
c 271 § 230.] against carrier—Exception. Every person engaged wholly
or in part in the business of carrying passengers for hire, and
every agent. servant, or employee of such person, who
66.28.230 Keg registration—Penalties. (1) Except as knowingly permits any person to drink any intoxicating
provided in subsection (2) of this section, the violation of liquor in any public conveyance, except in the compartmen'
any provisions of RCW 66.28.200 through 66.28.220 is where such liquor is sold or served under the authority of ,
punishable by a fine of not more than five hundred dollars. license lawfully issued, is guilty of a misdemeanor. This
(2) Except as provided in RCW 66.44,270, a person section does not apply to a public conveyance that is
who intentionally furnishes a keg or other container contain- commercially chartered for group use or a for-hire vehicle
ing four or more gallons of malt liquor to a minor is liable, licensed under city. county, or state law. [1983 c 165 § 29;
on conviction, for a first offense for a penalty of not more 1909 -49 § 442; RRS § 2694.1
3� C 3
66.44.250 Drinking in public conveyance Penalty 66.44.290 Minor purchasing or attempting to
against individual—Restricted application. Every person purchase liquor. Every person under the age of twenty-one
who drinks any intoxicating liquor in any public conveyance, years who purchases or attempts to purchase liquor shall be
,,pt in a compartment or place where sold,or served under guilty of a violation of this title. [1965 c 49 § I; 1955 c 70
the authority of a license lawfully issued, is guilty of a § 4. Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 § 37(1);
misdemeanor. With respect to a public conveyance that is RRS § 7306-37(1).]
commercially chartered for group use and with respect to a
for-hire vehicle licensed under city, county, or state law, this 66.44.291 Minor purchasing or attempting to
section applies only to the driver of the vehicle. [1983 c 165 purchase liquor—Penalty against persons between ages
§ 30; 1909 c 249 § 441; RRS § 2693.1 of eighteen and twenty, inclusive. Every person between
the ages of eighteen and twenty, inclusive, who is convicted
of a violation of RCW 66.44,290 is guilty of a misdemeanor
66.44.270 Furnishing liquor to minors—Possession, punishable as provided by RCW 9A.20.021, except that a
use Exhibition of effects—Exceptions. (1) It is unlawful minimum fine of two hundred fifty dollars shall be imposed
for any person to sell, give, or otherwise supply liquor to and any sentence requiring community service shall require
any person under the age of twenty-one years or permit any not fewer than twenty-five hours of such service. [1987 c
person under that age to consume liquor on his or her 101 § 1 1965 c 49 § 2.]
premises or on any premises under his or her control. For
the purposes of this subsection, "premises" includes real 66.44.300 Treats, gifts, purchases of liquor for or
property, houses, buildings, and other structures, and motor from minor, or holding out minor as at least twenty-one,
vehicles and watercraft. in public place where liquor sold. Any person who invites
(2)(a) It is unlawful for any person under the age of a minor into a public place where liquor is sold and treats,
twenty-one years to possess, consume, or otherwise acquire gives or purchases liquor for such minor. or permits a minor
any liquor. to treat, give or purchase liquor for the adult; or holds out
(b) It is unlawful for a person under the age of twenty- such minor to be twenty-one years of age or older to the
one years to be in a public place, or to be in a motor vehicle owner or employee of the liquor establishment, a law en-
in a public place, while exhibiting the effects of having forcement officer, or a liquor enforcement officer shall be
consumed liquor. For purposes of this subsection, exhibiting guilty of a misdemeanor. [1994 c 201 § 7; 1941 c 78 § is
the effects of having consumed liquor means that a person Rem. Supp. 1941 § 7306-37A.]
1,s the odor of liquor on his or her breath and either: (i) Is
j)ossession of or close proximity to a container that has or 66.44.310 Minors frequenting off-limits area—
recently had liquor in it; or (ii) by speech, manner, appear- Misrepresentation of age—Penalty—Classification of
ante, behavior, lack of coordination, or otherwise, exhibits licensees. (1) Except as otherwise provided by RCW
that he or she is under the influence of liquor. This subset- 66,44.316 and 66.44.350, it shall be a misdemeanor:
uon (2)(b) does not apply if the person is in the presence of (a) To serve or allow to remain in any area classified 'ov-
a parent or guardian or has consumed or is consunting liquor the board as off-limits to any person under the age of
under circumstances described in subsection (4) or (5) of this twenty-one years,
section. (b) For any person under the age of twenty-one years to
(3) Subsections (1) and (2)(a) of this section do not enter or remain in any area classified as off-limits to such a
apply to liquor given or permitted to be given to a person person. but persons under twenty-one years of age may pass
under the age of twenty-one years by a parent or guardian through a restricted area in a facility holding a class H club
and consumed in the presence of the parent or guardian. license:
This subsection shall not authorize consumption or posses- (c) For anv person under the age of twenty-one years to
sion of liquor by a person under the age of twenty-one years represent his or her age as being twenty-one or more years
on any premises licensed under chapter 66.24 RCW. for the purpose of purchasing liquor or securing admission
(4) This section does not apply to liquor given for to. or remaining in any area classified by the board as off-
medicinal purposes to a person under the age of twenty-one limits to such a person.
years by a parent, guardian, physician, or dentist. (2) The Washington state liquor control board shall have
(5) This section does not apply to liquor given to a the power and it shall be its duty to classify licensed
person under the age of twenty-one years when such liquor premises or portions of licensed premises as off-limits to
s being used in connection with religious services and the persons .inder the age of twenty-one years of age. [1994 c
amount consumed is the minimal amount necessary for the 01 § 3: 1981 ist ex.s. c 5 § 24; 1943 c 245 § 1 gadding
religious service. on 36-A to 1933 ex.s. c 62): Rem. Supp. 1943 §
new section
(6) Conviction or forfeiture of bail for a violation of this new sect Formerly RCW 66.24.130 and 66.�.310.]
section by a person under the age of twenty-one years at the
ume of such conviction or forfeiture shall not be a disqualifi-
xtion of that person to acquire a license to sell or dispense 66.44.320 Sales of liquor to minors a violation.
liquor after that person has attained the age of twenty- Every person who shall sell any intoxicating liquor to any
-if e years. [1993 c 513 § I; 1987 c 458 § 3: 1955 c 70 § 2. minor shall be guilty of a violation of Title 66 RCW [1973
Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 § 37(1); RRS § 1st ex.s. c 209 § 19; 1933 c 2 § l: 1929 c 200 § l; RRS §
7306-37(1); prior: Code 1881 § 939: 1877 p 205 § 5.] 7328-1
32 35
66.44.325 Unlawful transfer to a minor of an in effect a substance
with
respect
se to paid an person under
exemption is
identification f age. Any person who transfers in any Section 505 of the federal Food, Drug and Cosmetic Act, 21
manner an identification of age to a minor for the purpose of U.S.C. Sec. 355, to the extent conduct with respect to the
permitting such minor to obtain alcoholic beverages shall be .,
guilty of a misdemeanor punishable as provided by RCW substances pursuant
too the the xempextentunot intended for human
9A.20.021, except that a minimon, or
um fine of two hundred fifty consumption before an exemption takes effect with respect
dollars shall be imposed and any sentence requiring commu-
nity service shall require not fewer than twenty-five hours of to the subbstan«, or "deliv means the actual or construc-
such service: PROVIDED. That corroborative testimony of tive c transfer from one peon to another of a substance.
a witness other than the minor shall be a condition precedent whether or not there is an agency relationship.
to conviction. [1987 c 101 § 2: 1961 c 147 § 1.1
"Department""Deparent" means the department of health.
(h) "Dispense" means the interpretation of a prescription
66.44.328 Preparation or acquisition and supply to or order for a controlled substance and, pursuant to that
persons under age twenty-one of facsimile of official prescription or order, the proper selection, measuring,
identification card—Penalty. No person may forge, alter, compounding, labeling, or packaging necessary to prepare
counterfeit, otherwise prepare or acquire and supply to a that prescription or order for delivery.
person under the age of twenty-one years a facsimile of any (i) "Dispenser" means a practitioner who dispenses.
of the officially issued cards of ;identification that are 0) "Distribute" means to deliver other than by adminis-
required for presentation under RCW 66.16.040. A violation tering or dispensing a controlled substance.
of this section is a gross misdemeanor punishable as provid- (k) "Distributor" means a person who distributes.
ed by RCW 9A?0.021 except that a minimum fine of two (1) "Drug" means (1) a controlled substance recognized
thousand five hundred dollars shall be imposed. [1987 c 101 as a drug in the official United States pharmacopoe-
§ 31 tainational formulary or the official homeopathic pharmaco-
poeia of the United States, or any supplement to them; (2)
69.50.101 Definitions. Unless the context clearly controlled substances intended for use in the diagnosis, cure,
requires otherwise, de mitigation, treatment. or prevention of disease in individuals
definitions of terms shall be as indicated or animals; (3) controlled substances (other than food)
where used in this chapter: intended to affect the structure or any function of the body
(a) "Administer" means to apply a controlled substance, of individuals or animals: and (4) controlled substances
whether by injection, inhalation, ingestion, or any other intended for use as a component of any article specified in,
means, directly to the body of a patient or research subject
(1), (2), or (3) of this subsection. The term does not include;.
by: devices or their components, parts, or accessories.
(1) a practitioner authorized to prescribe (or, by the (in) "Drug enforcement administration" means the drug
pat(2) the he's authorized agent); or patient or research subject at the direction and in enforcement administration in the United States Department
(2) t
the presence of the practitioner. of Justice, or its successor agency.
(b) "Agent" means an authorized person who acts o (n) "Immediate precursor' means a substance:
(1) that the state board of pharmacy has found to be and
behalf of or at the direction of a manufacturer, distributor, orr by rule designates as being the principal compound common-
dispenser. It does not include a common or contact tamer, ly used, or produced primarily for use, in the manufacture of
public warehouseperson, or employee of the carrier or a controlled substance:
warehouseperson.
(c) "Board" means the state board of pharmacy. (2) that is an immediate chemical intermediary used or
(d) "Controlled substance" means a drug, substance, or likely to be used in the manufacture of a controlled sub-
immediate precursor included in Schedules I through V as stance; and
an (3) the control of which is necessary to prevent, curtail.
set forth in federal or state laws, federal or limit the manufacture of the controlled substance.
(e)(1) "Controlled substance analog" means
board rules.ns a substance
o) "Isomer" means an optical isomer, but in RCW
the chemical structure of which is substantially similar to the 69.50, 101(r)(5), 69.50.204(a) (12) and (34), and
chemical structure of a controlled substance in Schedule I or 69.50.206(a)(4), the term includes any geometrical isomer;
II and: in RCW 69.50.204(a) (8) and (42), and 69.50.210(c) the
(i) that has a stimulant, depressant. or hallucinogenic ef- — —
fect on the central nervous system substantially similar to the term includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term
stimulant, depressant or hallucinogenic effect on the central
nervous system of a controlled substance included in includes an(p) "M y positional or geometric isomer.
I or II: or anufacture" means the production, preparation,
Schedulepropagation, compounding, conversion, or processing of a
(il with respect to a particular individual, that the
individual represents or intends to have a stimulant, depres- controlled substance, either natural
or in indirectly or by
iv
sant, or hallucinogenic effect on the central nervous system extraction from substances ofsynthesis,
origin, or binatio ntOf
substantially similar to the stimulant, depressant, or halluci-
nogenic effect on the central nervous system of a controlled extraction and chemical synthesis, and includes any packag
substance included in Schedule I or H. ng or repackaging of the substance or labeling or relabeling
(2) The term does not include:: of its container. The term does not include the preparation,
(i) a controlled substance; compounding, packaging, repackaging, labeling, or relabeling
(d) a substance for which there: is an approved new drug of a controlled substance:
application; �5 � 2 Q
(1) by a practitioner as an incident to the practitioner's (w) "Practitioner" means:
administering or dispensing of a controlled substance in the (1) A physician under chapter 18.71 RCW, a physician
course of the practitioner's professional practice; or assistant under chapter 18.71A RCW, an osteopathic physi-
(2) by a practitioner, or by the practitioner's authorized cian and surgeon under chapter 18.57 RCW, a dentist under
snt under the practitioner's supervision, for the purpose of, chapter 18.32 RCW, a podiatric physician and surgeon under
or as an incident to, research, teaching, or chemical analysis chapter 18.22 RCW, a veterinarian under chapter 18.92
and not for sale. RCW, a registered nurse, advanced registered nurse practitio-
(q) "Marijuana" or "marihuana" means all parts of the ner. or licensed practical nurse under chapter 18.79 RCW, a
plant Cannabis, whether growing or not; the seeds thereof; pharmacist under chapter 18.64 RCW or a scientific investi-
the resin extracted from any part of the plant; and every gator under this chapter, licensed, registered or otherwise
compound, manufacture, salt, derivative, mixture, or prepara- permitted insofar as is consistent with those licensing laws
tion of the plant, its seeds or resin. The term does not to distribute, dispense, conduct research with respect to or
include the mature stalks of the plant, fiber produced from administer a controlled substance in the course of their
the stalks, oil or cake made from the seeds of the plant, any professional practice or research in this state.
other compound, manufacture, salt, derivative, mixture, or (2) A pharmacy, hospital or other institution licensed.
preparation of the mature stalks (except the resin extracted registered, or otherwise permitted to distribute, dispense,
therefrom), fiber, oil, or cake, or the sterilized seed of the conduct research with respect to or to administer a controlled
plant which is incapable of germination. substance in the course of professional practice or research
(r) "Narcotic drug" means any of the following, whether in this state.
produced directly or indirectly by extraction from substances (3) A physician licensed to practice medicine and
of vegetable origin, or independently by means of chemical surgery, a physician licensed to practice osteopathic medicine
synthesis, or by a combination of extraction and chemical and surgery, a dentist licensed to practice dentistry, a
synthesis: podiatric physician and surgeon licensed to practice podiatric
(1) Opium, opium derivative, and any derivative of medicine and surgery, or a veterinarian licensed to practice
opium or opium derivative, including their salts, isomers, veterinary medicine in any state of the United States.
and salts of isomers, whenever the existence of the salts, (z) "Prescription" means an order for controlled sub-
isomers, and salts of isomers is possible within the specific stances issued by a practitioner duly authorized by law or
chemical designation. The term does not include the rule in the state of Washington to prescribe controlled
isoquinoline alkaloids of opium. substances within the scope of his or her professional
(2) Synthetic opiate and any derivative of synthetic practice for a legitimate medical purpose.
-mate, including their isomers, esters, ethers, salts, and salts (y) "Production" includes the manufacturing, planting,
pourers, esters, and ethers, whenever the existence of the cultivating, growing, or harvesting of a controlled substance.
isomers, esters, ethers, and salts is possible within the (z) "Secretary" means the secretary of health or the
specific chemical designation. secretary's designee.
(3) Poppy straw and concentrate of poppy straw. (aa) "State," unless the context otherwise requires.
(4) Coca leaves, except coca leaves and extracts of coca means a state of the United States, the District of Columbia.
leaves from which cocaine, ecgonine, and derivatives or the Commonwealth of Puerto Rico, or a territory or insular
ecgonine or their salts have been removed. possession subject to the jurisdiction of the United States.
(5) Cocaine, or any salt, isomer, or salt of isomer (bb) "Ultimate user" means an individual who lawfully
thereof. possesses a controlled substance for the individual's own use
(6) Cocaine base. or for the use of a member of the individual's household or
(7) Ecgonine, or any derivative, salt, isomer, or salt of for administering to an animal owned by the individual or by
isomer thereof. a member of the individual's household. [1996 c 178 § 18;
(8) Any compound, mixture, or preparation containing 1994 sp.s. c 9 § 739; 1993 c 187 § 1. Prior: 1990 c 248 §
any quantity of any substance referred to in subparagraphs l: 1990 c 219 § 3; 1990 c 196 § 8; 1989 lst ex.s. c 9 § 429;
1) through (7). 1987 c 144 § 2; 1986 c 124 § 1; 1984 c 153 § 18; 1980 c 71
(s) "Opiate" means any substance having an addiction- § 2; 1973 2nd ex.s. c 38 § 1; 1971 ex.s. c 308 § 69.50.101.]
forming or addiction-sustaining liability similar to morphine
or being capable of conversion into a drug having addiction- 6950.102 Drug paraphernalia—Definitions. (a) As
forming or addiction-sustaining liability. The term includes used in this chapter, 'drug paraphernalia" means all equip-
opium, substances derived from opium (opium derivatives), ment. products, and materials of any kind which are used,
and synthetic opiates. The term does not include, unless intended for use, or designed for use in planting, propagat-
specifically designated as controlled under RCW 69.50.201, tng, cultivating, growing, harvesting, manufacturing, com-
the dextrorotatory isomer of 3-methoxy-n-methylmorphinan pounding, converting, producing, processing. preparing,
and its salts (dextromethorphan). The term includes the testing, analyzing, packaging, repackaging, storing, contain-
racemic and levorotatory forms of dextromethorpham tng, concealing, injecting, ingesting, inhaling, or otherwise
(t) -Opium poppy" means the plant of the species introducing into the human body a controlled substance. It
1paver somniferum L., except its seeds. includes, but is not limited to:
(u) "Person" means individual, corporation, business (1) Kits used, intended for use. or designed for use in
trust, estate, trust, partnership, association, joint venture, planting, propagating, cultivating, growing, or harvesting of
government, governmental subdivision or agency, or any an,, species of plant which is a controlled substance or from
other legal or commercial entity. which a controlled substance can be derived;
(v) "Poppy straw" means all parts, except the seeds, of (2) Kits used, intended for use, or designed for use in
the opium poppy, after mowing. manufacturing, compounding, converting, producing,
processing, or preparing controlled substances;
34 o� 3&
(3) Isomerization devices used, intended for use, or to use the object to facilitate a violation of this chapter; the
designed for use in increasing the potency of any species of innocence of an owner, or of anyone in control of the object.
plant which is a controlled substance; as to a direct violation of this chapter shall not prevent a
(4) Testing equipment used, intended for use, or finding that the object is intended or designed for use as
designed for use in identifying or in analyzing the strength, drug paraphernalia;
effectiveness, or purity of controlled substances; (7) Instructions, oral or written, provided with the object
(5) Scales and balances used, intended for use, or concerning its use;
designed for use in weighing or measuring controlled (8) Descriptive materials accompanying the object which
substances; explain or depict its use;
(6) Diluents and adulterants, such as quinine hydrochlo- (9) National and local advertising concerning its use;
ride, mannitol, mannite. dextrose, and lactose, used, intended (10) The manner in which the object is displayed for
for use, or designed for use in cutting controlled substances: sale;
(7) Separation gins and sifters used, intended for use, or (I l) Whether the owner, or anyone in control of the
designed for use in removing twigs and seeds from, or in object, is a legitimate supplier of like or related items to the
otherwise cleaning or refining, marihuana; community, such as a licensed distributor or dealer of
(8) Blenders, bowls, containers, spoons, and mixing tobacco products;
devices used, intended for use, or designed for use in (12) Direct or circumstantial evidence of the ratio of
compounding controlled substances; sales of the object(s) to the total sales of the business
(9) Capsules, balloons, envelopes, and other containers enterprise;
used, intended for use, or designed for use in packaging (13) The existence and scope of legitimate uses for the
small quantities of controlled substances; object in the community; and
(10) Containers and other objects used, intended for use. (14) Expert testimony concerning its use. [1991 c 48 §
or designed for use in storing or concealing controlled
6950.401 Prohibited acts: A—Penalties. (a) Except
substances;
(11) Hypodermic syrinees, needles, and other objects as authorized by this chapter, it is unlawful for any person
used, intended for use, or designed for use in parenterally to manufacture, deliver, or possess with intent to manufac-
injecting controlled substances into the human body; ture or deliver, a controlled substance.
(12) Objects used, intended for use, or designed for use (1) Anv person who violates this subsection with respect
in ingesting, inhaling, or otherwise introducing marihuana, to:
cocaine, hashish, or hashish oil into the human body, such (i) a controlled substance classified in Schedule I or II
as: which is a narcotic drug, is guilty of a crime and upon
(i) Metal, wooden, acrylic, glass, stone, plastic, or conviction may be imprisoned for not more than ten year..)
ceramic pipes with or without screens, permanent screens, or (A) fined not more than twenty-five thousand dollars if
hashish heads, or punctured metal bowls; the crime involved less than two kilograms of the drug, or
(ii) Water pipes; both such imprisonment and fine; or (B) if the crime
(iii) Carburetion tubes and devices; involved two or more kilograms of the drug, then fined not
(iv) Smoking and carburetion masks; more than one hundred thousand dollars for the first two
(v) Roach clips: Meaning objects used to hold burning kilograms and not more than fifty dollars for each gram in
material, such as a marihuana cigarette, that has become too excess of two kilograms, or both such imprisonment and
small or too short to be held in the hand; fine:
(vi) Miniature cocaine spoons, and cocaine vials; i ii) methamphetamine, is guilty of a crime and upon
(vii) Chamber pipes; conviction may be imprisoned for not more than ten years.
(viii) Carburetor pipes; or (A) fined not more than twenty-five thousand dollars if
(ix) Electric pipes; the crime involved less than two kilograms of the drug, or
(x) Air-driven pipes; both such imprisonment and fine; or (B) if the crime
(xi) Chillums: involved two or more kilograms of the drug, then fined not
(xii) Bongs; and _more than one hundred thousand dollars for the first two
(xiii) Ice pipes or chillers. Kilograms and not more than fifty dollars for each gram in
(b) In determining whether an object is drug parapherna- excess of two kilograms, or both such imprisonment and
lia under this section, a court or other authority should fine;
consider, in addition to all other logically relevant factors, (iii) any other controlled substance classified in Sched-
the following: ule 1, II, or III, is guilty of a crime and upon conviction may
(1) Statements by an owner or by anyone in control of be imprisoned for not more than five years, fined not more
the object concerning its use: than ten thousand dollars, or both;
(2) Prior convictions, if any, of an owner, or of anyone (iv) a substance classified in Schedule IV, is guilty of
in control of the object, under any state or federal law a crime and upon conviction may be imprisoned for not
relating to any controlled substance; more than five years, fined not more than ten thousand
(3) The proximity of the object, in time and space, to a dollars. or both:
direct violation of this chapter; (v( a substance classified in Schedule V, is guilty of
(4) The proximity of the object to controlled substances; crime and upon conviction may be imprisoned for not more
(5) The existence of any residue of controlled substanc- than five years, fined not more than ten thousand dollars, or
es on the object; both.
(6) Direct or circumstantial evidence of the intent of an i b) Except as authorized by this chapter, it is unlawful
owner, or of anyone in control of the object, to deliver it to for any person to create, deliver, or possess a counterfeit
persons whom he knows, or should reasonably know, intend substance.
(1) Any person who violates this subsection with respect (b) For purposes of this section, an offense is considered
to: a second or subsequent offense, if, prior to his conviction of
(i) a counterfeit substance classified in Schedule I or II the offense, the offender has at any time been convicted
high is a narcotic drug, is guilty of a crime and upon under this chapter or under any statute of the United States
.oinviction may be imprisoned for not more than ten years, or of any state relating to narcotic drugs, marihuana, depres-
fined not more than twenty-five thousand dollars, or both; sant, stimulant, or hallucinogenic drugs.
(ii) a counterfeit substance which is methamphetamine, (c) This section does not apply to offenses under RCW
is guilty of a crime and upon conviction may be imprisoned 69.50.401(d). (1989 c 8 § 3; 1971 ex.s. c 308 § 69.50.408.1
for not more than ten years, fined not more than twenty-five
thousand dollars, or both;
(iii) any other counterfeit substance classified in 69.50.412 Prohibited acts: E—Penalties. (1) It is
Schedule I, II, or III, is guilty of a crime and upon convic- unlawful for any person to use drug paraphernalia to plant,
lion may be imprisoned for not more than five years, fined propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack,
not more than ten thousand dollars, or both;
(iv) a counterfeit substance classified in Schedule IV, is repack, store, contain, conceal, inject, ingest, inhale, or
guilty of a crime and upon conviction may be imprisoned for otherwise introduce into the human body a controlled
not more than five years, fined not more than ten thousand substance. Any person who violates this subsection is guilty
dollars, or both; of a misdemeanor.
(v) a counterfeit substance classified in Schedule V, is '_) It is unlawful for any person to deliver. possess with
guilty of a crime and upon conviction may be imprisoned for intent to deliver, or manufacture with intent to deliver drug
not more than five years, fined not more than ten thousand paraphernalia, knowing, or under circumstances where one
dollars, or both. reasonably should know, that it wi;! be used to plant,
(c) It is unlawful, except as authorized in this chapter propagate, cultivate, grow, harvest, manufacture, compound,
and chapter 69.41 RCW, for any person to offer, arrange, or convert, produce, process, prepare, test, analyze, pack, re-
negotiate for the sale, gift. delivery, dispensing, distribution, pack. store, contain, conceal, inject, Ingest, inhale, or other-
or administration of a controlled substance to any person and wise introduce Into the human body a controlled substance.
then sell, give, deliver, dispense, distribute, or administer to Any person who violates this subsection Is guilty of a
that person any other liquid, substance, or material in lieu of misdemeanor.
such controlled substance. Any person who violates this 31 Any person eighteen years of age or over who
subsection is guilty of a crime and upon conviction may be
violates subsection (_') of this section by delivering drug
,iprisoned for not more than five years, fined not more than paraphernalia to a person under eighteen years of age who
i thousand dollars, or both. is at ]east three vears his junior is guilty of a gross misde-
meanor.
(d) It is unlawful for any person to possess a controlled yl It a unlawful for any person to place in any newspa-
substance unless the substance was obtained directly from, per. magazine, handbill, or other publication any advertise-
or pursuant to, a valid prescription or order of a practitioner men:, knowing, or under circumstances where one reason-
while acting in the course of his or her professional practice, aol should know. that the purpose of the advertisement, in
or except as otherwise authorized by this chapter. Any whole or, in part, is to promote the sale of objects designed
person who violates this subsection is guilty of a crime, and for not more than intended fo
upon conviction may be imprisoned r use as drug paraphernalia. Any person who
„olaies ihu subsection is guilty of a misdemeanor. [1981
vears, fined not more than ten thousand dollars, or both. =
except as provided for in subsection (e) of this section.
(e) Except as provided for in subsection (a)(1) (iii) of
this section any person round guilty of possession of forty 69.50.425 Misdemeanor violations—Minimum
grams or less of marihuana shall be gwity of a misdemeanor. imprisonment. A person who is convicted of a misde-
(f) It is unlawful to compensate, threaten, solici[, or in meanor violauon of any provision of this chapter shall be
any other manner involve a person under the age of eighteen punished by imprisonment for not less than twenty-four
years in a transaction unlawfully eo manufacture. sell, or consecutive hours, and by a fine of not less than two
deliver a controlled substance. A violation of this subsection Hundred fifty dollars. On a second or subsequent conviction,
shall be punished as a class C felony punishable in actor- he fine snail not be less than five hundred dollars. These
dance with RCW S fines snail be in addition to any other fine or penalty
This section shhallall n21.not apply to offenses defined and Imposed. Unless the court finds that the imposition of the
punishable under the provisions of RCW 69.50.410. [1996 minimum imprisonment will pose a substantial risk to the
c 205 § 2; 1989 c 271 § 104; 1987 c 458 § 4; 1979 c 67 §
1; 1973 2nd exs. c 2 § 1; 1971 exs. c 308 § 69.50.401.} defendant's physical or mental well-being or that local jail
facilities are in an overcrowded condition, the minimum term
of imprisonment shall not be suspended or deferred. If the
69.50.408 Second or subsequent offenses. (a) Any court finds such risk or overcrowding exists, it shall sentence
arson convicted of a second or subsequent offense under the defendant to a minimum of forty hours of community
a chapter may be imprisoned for a term up to twice the service. If a minimum term of imprisonment is suspended
fined amount up to twice that or deferred, the court shall state in writing the reason for
tzrm otherwise �uthorized.
otherwise authorized, or both. granting the suspension or deferral and the facts upon which
he suspension or deferral is based. Unless the court finds
the person to be indigent, the minimum fine shall not be
suspended or deferred. (1989 c 371 § 105.;
3� 55
70.74.010 Definitions. As used in this chapter, unless (9) The term "explosives manufacturing plant" shall be
a different meaning is plainly required by the context: held to mean and include all lands, with the buildings
(1) The terms "authorized", "approved" or "approval" situated thereon, used in connection with the manufacturing
shall be held to mean authorized, approved, or approval by or processing of explosives or in which any process in-
the department of labor and industries. volving explosives is carried on, or the storage of explosives
(2) The term "blasting agent shall be held to mean and thereat. as well as any premises where explosives are used
include any material or mixture consisting of a fuel and as a component part or ingredient in the manufacture of any
oxidizer, intended for blasting, not otherwise classified as an article or device.
explosive, and in which none of the ingredients are classified 101 The term "explosives manufacturing building", shall
as an explosive, provided that the finished product, as mixed be held to mean and include any building or other structure
and packaged for use or shipment, cannot be detonated when excepting magazines) containing explosives, in which the
unconfined by means of a No. 9 test blasting cap. manufacture of explosives. or any processing involving
explosives, is carried on, and any building where explosives
(3) The term "explosive" or "explosives" whenever used
are used as a component part or ingredient in the manufac-
in this chapter, shall be held to mean and include any
chemical compound or mechanical mixture that is commonly ture of any article or device.
used or intended for the purpose of producing an explosion. (I 1) The term "railroad" shall be held to mean and
include any steam, electric, or other railroad which carries
that contains any oxidizing and combustible units, or other passengers for hire.
ngredients. in such proportions. quantities or packing. that p 1 ) The term "highway" shall be held to mean and
an ignition by fire, by friction, by concussion. by percussion, include any public street, public alley, or public road.
or by detonation of any part of the compound or mixture (13) The term "efficient artificial barricade" shall be
may cause such a sudden generation of highly heated gases
that the resultant gaseous pressures are capable of producing held to mean an artificial mound or properly reverted wall of
destructive effects on contiguous objects or of destroying life earth of a minimum thickness of not less than three feet or
or limb. In addition, the term "explosives" shall include all such other artificial barricade as approved by the department
material which is classified as class A. class B, and class C of labor and industries.
explosives by the federal department of transportation. For I 11 The term "person" shall be held to mean and
the purposes of this chapter small arms ammunition, small include any individual, firm, copartnership. corporation,
company. association, joint stock association. and including
arms ammunition primers, smokeless powder not exceeding
fifty pounds, and black powder not exceeding five pounds am trustee, receiver, assignee, or personal representative
shall not be defined as explosives, unless possessed or used thereof.
1 i The term "dealer" shall x held to mean and
for a purpose inconsistent with small arms use or other
lawful purpose. include any person who purchases explosives or blasting
(4) Classification of explosives shall include but not be agents for the sole purpose of resale, and not for use or
limited to the following: consumption.(a) CLASS A EXPLOSIVES: (Possessing detonating (16) The term "forbidden or not acceptable explosives„
nail be held to mean and include explosives which are
hazard) d}'namite, nitroglycerin. picric acid. lead oxide, forbidden or not acceptable for transportation by common
winninate of mercury, black powder exceeding five pounds.
blasting caps in yuan[ities of 1001 or more, and detonating
carriers by rail freight, rail express. highway, or water in ac-
cordance with the regulations of the federal department of
primers
(b) CLASS B EXPLOSIVES. (Possessing flammable transportation-
( 17) The term "handloader" shall be held to mean and
hazard) propellant explosives, includin_ mokeiess propel- include any person who engages in the noncommercial
ants exceeding fifty pounds.
(c) CLASS C EXPLOSIVES: (Including certain types assem'bhng of small arms ammunition for his own use.
of manufactured articles which contain class A or class B
oecifically the operation of installing new primers, powder.
es Diosiyes. or both, as components but in restricted yuanti- and proiectiles into cartridge cases.
16es) bla,uim, caps in quantities of I(H)0 or less. i IS, The term "handloader components" means small
(51 The term "explosive-actuated cower devices" shall arms ammunition. small arms ammunition primers, smoke-
br held u, mean any tool or special mechanized device less powder not exceeding fifty pounds. and black powder as
used in muzzle loading nrearms not exceeding five pounds.
chick is actuated by explosives. but not to include propel- (19) The term "fuel" shall be held to mean and include
an actuated power devices
(h) The term 'magazine". shall be held to mean and a substance which may react with the oxygen inthe air or nclude any building or other structure, other than a factory with the oxygen yielded by an oxidizer to produce combus-
ti
building. used for the storage of explosives. O0"
(20) The term motor vehicle" shall be held to mean
(7) The terms "irrymvised device' means a device which
'
is tabricated with explosives or destructive, lethal, noxious. and include any self-propelled automobile, truck. tractor.
pyrotechnic, or incendiary chemicals and which is designed semi-trailer or full trailer, or other conveyance used for the
to disfigure, destroy, distract, or harass transportation of freight.
(S) The term "inhabited building", shall be held to mean (21) The term "natural barricade' shall be held to mean
and include oniv a building reguiarly occupied in whole or and include any natural hill, mound, wall. or barrier com-
in part as a habitation for human beings, or any church. posed of earth or rock or other solid material of a minimum
schoolhouse, railroad station. store, or other building where thickness of not less than three feet.
people are accustomed to assemble. other than any building The term "oxidizer" shall be held to mean a
or structure occupied in connection with the manufacture, substance that yields oxygen readily to stimulate the combus-
transportation, storage, or use of explosives. tion of organic matter or other fuel.
3-7 of �
(23) The term "propellant-actuated power device" shall 70.74.310 Gas bombs, explosives, stink bombs, etc.
y tool or special mechanized
Any person other than a lawfully constituted peace officer of
be held to mean and include an
device or gas generator system which is actuated by a this state who shall deposit, leave, place, spray, scatter.
ropellant or which releases and directs work through a spread or throw in any building. or any place, or who shall
ropellant charge. counsel, aid, assist, encourage. incite or direct any other
lla The term "public conveyance" shall be held to person or persons to deposit. leave, place, spray, scatter.
mean and include any railroad car, streetcar, ferry, cab. bus. spread or throw. in any building or place, or who shall have
n his possession for the purpose of. and with the Intent of
airplane, or other vehicle which is carry passengers or
g spreading
depositing. leaving, placing, spraying, scattering, sp g
or throwing. in any building or place, or of counse
hire. ling.
'25) The term "public utility transmission system" shall
mean power transmission lines over 10 KV, telephone aiding, assisting, encouraging, inciting or directing any other
systems, or b persuried oron or persons to deposit, leave, place, spray, scatter.
cables. or microwave trans
wa[ermissl natural gas. petroleum. or
exposed pipelines carrying spread or throw, any stink bomb, slink paint• tear bomb, tear
r any other
crude oil, or refined products and chemicals, whose services shell, explosive or flame-producing device,which. when
device, material, chemical or substance,
are regulated by the utilities and transportation commission. exploded or opened, or without such exploding or opening,
municipal, or other publicly owned systems.
(26) The term "purchaser" shall be held to mean any by reason of its offensive and pungent odor, does s will
person who buys. accep[s, or receives any explosives or annoy, injure, endanger or inconvenience any person or
persons, shall be guilty of a gross misdemeanor: PROVID
blasting agents. ED. That this section shall not apply to persons in the
chnic" shall be held to mean
(27) The term "pyrote and
include any combustible or explosive compositions or military service, actually engaged in the performance of
manufactured articles designed and prepared for the purpose
military duties, pursuant to orders from competent authonty
of oroaucing audible or visible effects which are commonly nor to any property owner or person acting under his
authority in providing protection against the commission of
referred to as fireworks. a felony. 1.1969 ex.s. c 137 § 27: 1927 c 245 § is RRS §
28) The term "small arms ammunition" shall be held to l or revolver 2504-1 j
mean and include any shotgun, rifle. pisto
cartridge. and cartridges for propellant-actuated power
ns. Military-type ammunition
devices and industrial gu
containing explosive bursting charges, incendiary, tracer,
spotting. or pyrotechnic projectiles is excluded from this
definition.
("29) The term "small arms ammunition primers" shall be
Held to mean small percussion-sensitive exolosive charg
ignite pin muzzle loaders.
ropellant powder and shall
encased in a cup. used to
include percussion caps as used
(30) The term "smokeless propellants" shall be held to
mean and include solid chemical; or solid chemical mixtures
in excess of tifty pounds which func[ion by rapid combus-
tion.
The term "user" shall be held to mean and include
any natural person. manufacturer, or blaster who acquires,
purchases. or uses explosives as an ultimate consumer or
no supervises such use.
Word, used in the singular number shall include the
plural, anti the plural the singul93
ar. (11�69 ex.93 � 1972
cI37
88 § 1970 ex_s,
c -- s
93I c l I I I RRS § 5-140-1-,
70.74.295 Abandonment of explosives. It shall be
unlawful for any person to abandon explosives or improvised
devices. Violation of this section is a gross 3isdem3 a�snor
punishable under chapter 9A._0 RCW
1972 ex.s. c 88 § 3 1
70.74.300 Explosive containers to be marked—
Penalty. Every person who shall put up for sale, or who
;hall deliver to any warehouseman, dock, depot. or common
carrier any package, cask or can containing any explosive.
nitroglycerin, dynamite, or powder. without having been
properly labeled thereon to indicate its explosive classifica-
tion, shall be guilty of a gross misdemeanor. [1969 ex.s.
137 § 26, 1909 c 249 § 254; RRS § 2506.1
z�g, o� 38
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
PUBLIC WORKS COMMITTEE
PLANNING COMMITTEE
E. PUBLIC SAFETY COMMITTEE_
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS
OPERATIONS COMMITTEE MINUTES
March 19, 1997
COMMITTEE MEMBERS PRESENT: Jon Johnson-Committee Chair, Leona Orr, Tim Clark for Jim
Bennett*
STAFF PRESENT: Gary Gill, John Hodgson, Bob Hutchinson, Roger Lubovich, Brent McFall, May
Miller, Marty Mulholland, Kelli O'Donnell, Ron Spang, Sue Viseth
MEMBERS OF THE PUBLIC: None.
The meeting was called to order at 4:37 p.m. by Chairperson Johnson.
AV12roval of 3/14/97 vouchers
Committeemember Orr moved to approve payment of the March 14 vouchers. Johnson seconded the
motion which passed 2-0. Vouchers in the amount of$1,523,07 ^_3 were approved for payment. (Acting
Committeemember Clark concurred upon his arrival which made the approval unanimous.)
Buildinrinspection Service Levels/Staff Resources:
Building Official Bob Hutchinson proposed that the building inspector position scheduled to be terminated
at the completion of the Regional Justice Center project be retained and asked that the general fund 1997
budget be amended in the amount of$42,200 to cover the position for the rest of the year. Hutchinson
reviewed the history of the position with the committee stating the non-RJC workload justifies the
additional expense. *(Council Member Tim Clark joined the Committee to substitute for Committee
Member Jim Bennett.) Hutchinson reviewed exhibits A and B with the committee and noted that there are
aging permits without final inspection to follow up on since so many resources had been dedicated to the
RJC inspection load. Hutchinson noted that the funding required to cover the $42,000 expense for 1997
can be covered by the revenue from the increase in building permit fee activity which is up 143%. He
concluded that he is hoping to retain the incumbent which will help to continue service levels.
Committeemember Orr asked what would happen to the 568,000 that was over budget if the position was
not filled. Hutchinson replied it would go into the general fund Orr asked what the overtime was for the
last year. Hutchinson responded that in 1996 $14,000 was spent in overtime and $16,000 was allocated
to overtime in 1997 although he did not have the current actuals for 1997. During further discussion
Hutchinson noted that he anticipated half of the overtime budget was spent on the RJC with the remainder
to be used for peak periods. Orr moved to recommend to Council that one building inspector position be
authorized, upon completion of the Regional Justice Center Project, and that the 1997 budget be amended
by the addition of$42,000 to both Development Services expenditures and permit and plan review fee
revenues.
New Permit Svstem:
Information Services Director Ron Spang reviewed the history of the current Svstem stating that it was
developed in-house but as the needs have grown and the divisions have grown it was determined that
companies with expertise in permitting divisions have more cost effective solutions utilizing newer
technology. He noted that the bond issue of 510.5 million is expected this summer but due to the urgent
need this is being brought forward now. Spang noted that 572,000 would come from existing automation
funds and that Don Wickstrom has allocated $60.000 from water. sewer, and drainage.
Hutchinson noted that the system was created in-house in 1993 to deal primarily with permits and additional
uses had been added but it did not include interrelated work of other departments. He noted that the
proposed system would be useful in documenting all aspects of permitting and provide for improved
cooperation and coordination. He concluded that the city would be able to provide better service with this
tool. Systems Analyst Marty Mulholland added that by utilizing vendors with new technologies we will
OPERATIONS COMMITTEE MINUTES, CONT.
MarOb I o 1997
have the future ability of using a touch tone system as the phone system is upgraded and this vendor also
has the capability for Internet access although this is not a part of the current plan. City Engineer Gary Gill
commented that Public Works has been active in the entire selection process and that the system will
interface with the geographic information system (GIS). He concluded that Public Works is committed to
this project.
Committeemember Orr asked if the new system would be compatible with the planned upgrades this
summer. Ron Spang responded that he was comfortable with the hardware although there may be some
problems with the finance system. He noted that the vendor has a reputation for vendor support and these
issues will be worked through. Orr asked how the permitting system would be financed if we do not do
the rest of the planned upgrades. May Miller responded that we do have enough in reserve to cover the
expense but if the bond issue did not go through staff would look at other options and brine a proposal back
to committee. Acting Committeemember Clark moved to approve authorization for staff to create a Land
and Permit Information System budget for$310,000, of which $60,000 is from water, sewer, and drainage;
and $72,000 from existing automation funds; and the balance is from automation bonds to be sold later this
year; and, authorize the Mayor to sign a contract for the KIVA Permitting and Land Information System,
subject to contract approval by the Law Department. Orr seconded the motion which passed with a vote
of 3-0.
Preliminaa lanuary Financial Report
May Miller reviewed the Preliminary January Financial Report with the Committee during which she noted
that sales revenue was reported at $291,000 over budget for January and the February revenue is $247,000
over budget. Miller explained while reviewing the budget analysis that revenue is good and the fund balance
will be higher than expected with $355,000 unallocated. She added that with the additional revenues there
will not be the need to transfer $1 million out of the capital projects facilities fund so it will be possible to
proceed with the alternate projects. May completed her review
Committee Schedule - Future Meeting Dates
Acting Committeemember Clark requested a preliminary policy on how to handle the Chinese exchange
with students. He recommended that administration bring a policy to the Operations Committee and
requested that he be invited to the Committee meeting. May Miller suggested that the Kaibara process
could be used as a framework although they also were having problems finding students. City Attorney
Lubovich suggested that with the new Government Affairs Manager starting, Committeemember Clark may
wish to meet to discuss his ideas for the program. Clark agreed that he would like to meet with the new
person.
Committeemember Orr stated that President Houser had noted at the Public Works Committee that there
were quite a few city trucks parking in the permit only parking. Orr requested an update on the vacancies
at the Centennial Center and a report on the number of extra parking spaces in the garage for employees.
It was also noted that there have been a number of Police vehicles parking in the public lot. Lubovich
responded that he would request the information be brought hack to the Committee.
After a discussion of possible meeting days and times, Committee Chair Johnson asked to have the April 2
Operations Committee meeting cancelled. He noted that future meeting dates would be announced. There
being no further business, the meeting was adjourned at 5 23 p m. by Chairperson Johnson.
Paee
j �_A JA ..,
"Please put in Council agenda
CITY OFL]V Packet)
Jim White, Mayor
Planning Department (20� 859-3390/FAX(206) 850-2544
James P. Harris, Planning Director
CITY COUNCIL
PLANNING C01VfNIITTEE NILNUTES
April 15, 1997
Planning Committee Members Present: City Attornev's Office
Leona Orr, Chair Laurie Evezich
Tim Clark
Jon Johnson
Other
Planning Staff Jason L. Cooper. JLC Consulting
Jim Harris, Planning Director Eric Wells, Polygon NW
Kevin O'Neill, Senior Planner Gary Young, Polvgon NW
Carolvn Sundvall. Human Services Planner
Teresa Beener, Administrative Secretary
aPPLIC4TION FOR OPEN SPACE TAXATION - (J. Harris)
Planning Director Jim Harris stated this public hearing should be continued to the regularly
scheduled May 20th Planting Committee meeting. Mr. Harris explained that due to an unfortunate
clerical error the applicant was not given sufficient notice .o make arrangements to be at today's
meeting. He explained that the applicant agreed to the via," ,Oth meeting date and the Committee
concurred with the continuation.
1998 COMMUNITY DEVELOPNfENT BLOCK GRANT FUNDING LEVELS - (C. Sundvall)
Hunan Services Planner Carolyn Sundvall explained that the City of Kent is a member of the King
County Consortion that receives the federally funded Community Development Block Grant
(CDBG) funds. She explained that the estimated 1998 CDBG funding for the City of Kent is
S515,970. This figure is based on the national congressional budget and the number of low and
moderate income people residing in the City of Kent. This figure is subject to change.
Ms. Sundvall explained that the CDBG funds are distributed in three categories. She explained that
the ceiling for Planning and Admi tistration is S67.170 and the ceiling is S71,342 for Public (human)
Services. The remaining S377.4 8 is designated for capital projects. Ms. Sundvall explained that
staff is recommending that the Planning Committee recommend that the City Council take the
following action.
l. Accept the 1998 pass-through funds.
2. Allocate the City's maximum available of 1998 CDBG funds for Public (Human)
Services (S71.342).
1
'^�lfh aVE.SO.. KENT.wA3HINGTON i8o?L5395 TELEPHONE 'o5idi4-tioU FAX a
City Council Planning Committee Minutes
April 15, 1997
3. Allocate the City's maximum available of 1998 CDBG funds for Planning and
Administration (S67,170).
4. Forward this recommendation to the full City Council for consideration at its
May 6, 1997 meeting and authorize the Mayor to sign the County form indicating the
City's desire for distribution of 1998 funds.
Committee member Jon Johnson MOVED and Committee member Tim Clark SECONDED a
motion to accept staff s recommendation as outlined above. Motion carried.
AMENDMENT TO THE PLANNED UNIT DEVELOPM- ENT ORDINANCE - (K. O'Neill)
Senior Planner Kevin O'Neill explained that the City received a request for a regulatory review to
amend the Planned Unit Development (PUD) Ordinance from Polygon Northwest. Mr. O'Neill
explained that currently the City does not allow PUD developments in single family zones.
Mr. O'Neill explained that Polvgon is requesting amending the Ordinance to allow PUD's in single
family zones when the area being developed is 100 acres or greater, allow attached units, and allow
for flexibility in phasing development. He explained that requiring a minimum of a 100 acre site
will restrict the application of the amendment.
He explained that it is the Committee's responsibility to determine whether the regulatory review
presented today merits further consideration. He stated that if this item has merit it would be the
Committee's decision to forward this item to the Land Use and Planning Board for a public hearing.
Eric Wells, 4030 Lake Washington Boulevard NE 9201, Kirkland, WA 98033. Polygon
Northwest representative Eric Wells stated that there are few areas remaining within the City that
are 100 acre sites that could be developed. He explained that Poiygon's intent is to utilize the change
to create a development that is very similar to the Lakes proiect.
Planning Director Jim Harris stated that he Meridian Vallev Country Club is a PUD development
that is approximately 200 acres in size. He explained that the Country Club is part of the Meridian
Valley Annexation and would become a legal non-conforming use without this amendment to the
PUD Ordinance. Mr. Harris also explained that there are few tingle family sites remaining that are
100 acres or greater.
Committee member Tim Clark questioned whether allowing these amendments would keep the basic
integrity of the single family zone. Mr. Harris explained that staff will inquire into these issues when
considering the specific rules and regulations to allow a broader use.
Citv Council Planning Committee Minutes
April 15, 1997
Mr. O'Neill explained that the site in question is currently zoned three units per acre and is
designated for three units per acre in the Comprehensive Plan. He explained that in terms of traffic
impacts and other impacts the overall build out on this site would be consistent with what is
envisioned in the Comprehensive Plan.
Mr_ Wells explained that the site being considered for development has sensitive areas which limit
the development of certain areas. He stated that the amendment would allow the site to be better
developed as a"master" plan and allow for more open space.
Gary Young,4030 Lake Washington Boulevard NE, 9201, Kirkland,WA 98033. Polygon�i W
President Gary Young expressed his appreciation for having an opportunity to make this
recommendation to staff. He stated that he is looking forward to working with staff in proceeding
further.
Committee member Tim Clark MOVED and Committee member Jon Johnson SECONDED a
motion to forward this item to the Land Use and Planning Board for their consideration. Motion
carried.
ADDED ITEMS
None.
ADJOURNMENT
The meeting was adjourned at 4:30 p.m.
3