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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/20/1997 Colty of Kent CityCouncil Meeting Agenda CITY OF AB� _ S 5 ... �uV WC�1Sv 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 o CITY OF t4 C+ �r•.. f 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. 1 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 2 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. 3 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 4 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 5 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 6 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 6 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. 7 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 8 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 9 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 10 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 11 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 ub P P � P g at 22815 West Valley Highway from MI. Industrial Park, to MI-C, Industrial Park-C Suffix; and �I 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 �I I j City of Kent-Planning Department J � '� I v 1 j I it I II ----------- ------ --- - - - --- -- -- - -- -- APPLICATION NAME: Van Doren's Landing Building J NUMBER: #RZ-96-5 DATE: March 5, 1997 R' -IUEST: Rezone LEGEND AL Application site N Zoning/Topography Zoning boundary City limits EXHIBIT City of Kent - Planning Department i f it N SCHEMATIC SITE PLAN NO. 3 rx -71 JACK MK 7c7HEwaeox • I J I I I � I \ I I I . I I n i , 1i Ali � 4 I . ._ - ......-.. .. .. ............._ t >, APPLICATION NAME: Van Doren'S Landing Building J NUMBER: #RZ-96-5 DATE: March ,--), 1997 =QUEST: Rezone LEGEND A Application site N Site Plan EXHIBIT City of Kent - Planning Department S 220 ST I I r i ar S 224 ST S 226 ST m N ¢ a PL Cr G y 4i two J 5 234 ST � W W lC > S m J S 236 ST N T ST APPLICATION NAME: Van Doren's Landing Building J NUMBER: #RZ-96-5 DATE: March 5, 1997 "EQUEST: Rezone LEGEND A Application site N Vicinity Map Railroad tracks , � 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 206TH ST 5 206TH ST 5 208TH ST 5 209TH ACT 5. S -ZIZTli s 212TH ST ---------- - II F F, 5 216TH ST 216TH 57 218 �LT�sL— a. 11 5 220TH ST PROJECT LOCATION r S 222NO _ST....... r/l S 224TH ST 00 00 S 2227TH PL S 228TH ST #ILL 5 224TH I ST ZING WAY NOVAC LN 5 234TH 31 ST ST I "..'DRON WA 'Sa W W- �LOU" S IT CLOU S 230TH ST CLOUDY ST GEORGE S ST OJAMESST HARVEST INDUSTRIAL PARK S 57 E- AM S m 57 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 � x 9 � i I i 1 i , 1 G -A O '(]ZCf1 z I 1 77 T z Q ° i i I I II T I f �t to �S b = c 2 = c s Z � � c _vV -7z i p 41 Z y O Pt �+ 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 O N� y�i r � � 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 — 7 CD r Do C cc - - � r CD � M1 a " r r r� I I Z .G I •• y C r. a x w I at r.: - � J I I � 1 V - I IIJ - 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--._.__._..._-� i - �, 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. 2 Hearing Examiner Findings and Recommendation Hillside Manor #SU-96-26 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 3 Hearing Examiner Findings and Recommendation Hillside Manor #SU-96-26 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 4 Hearing Examiner Findings and Recommendation Hillside Manor 4SU-96-26 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." 5 Hearing Examiner Findings and Recommendation Hillside Manor 4SU-96-26 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 6 1 Hearing Examiner Findings and Recommendation Hillside Manor #SU-96-26 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 7 Hearing Examiner Findings and Recommendation Hillside Manor #SU-96-26 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 8 Hearing Examiner Findings and Recommendation Hillside Manor #SU-96-26 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. 9 Hearing Examiner Findings and Recommendation Hillside Manor #SU-96-26 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. 10 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 11 Hearing Examiner Findings and Recommendation Hillside Manor #SU-96-26 (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. 12 Hearing Examiner Findings and Recommendation Hillside Manor #SU-96-26 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 2 Staff Report Hillside Manor #SU-96-26 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. 3 Staff Report Hillside Manor #SU-96-26 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. 4 Staff Report 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. 5 Staff Report, Hillside Manor #SU-96-26 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 6 Staff Report Hillside Manor #SU-96-26 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. 7 Staff Report Hillside Manor #SU-96-26 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. 8 Staff Report Hillside Manor #SU-96-26 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. 9 Staff Report Hillside Manor #SU-96-26 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. 10 Staff Report Hillside Manor #SU-96-26 11 Staff Report Hillside Manor #iSU-96-26 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 12 Staff Report 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. 13 Staff Report Hillside Manor #SU-96-26 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 14 Staff Report 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 15 Staff Report Hillside Manor #SU-96-26 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 16 Staff Report 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: 17 Staff Report Hillside Manor #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 18 Staff Report 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. 19 Staff Report 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 20 City of Kent - Planning Department C9FE.y 9� 8 S O t O II �,1 I I •Fi I SE 237 S IIOM AT Yq q S 237 a • �i—iJ o SE ^( > PI cc 3 238 PE SE a 239 ST W e ¢ an c I 23 0 C L z S 240 ST = S 232 PL ———— o S 241 ST II o > 6 I N _ _sj 242 sr_ lI W _ '< e,.-` aIS 2q2 ST Ito �r EMPERR CE ST z v e S 243 S ]l z dI> ��— 4 ST S� s I(---- WI� . 244 CT TEN ¢ILs,245 PL oil 0 .� NO ST S 246 ST -- 246 PL (— o� _ 1 -1S1n I MR T `^ IS 247 IL 247 PL CMEMT ICJ MILLI— cQ r 3 � 'c 2f GUIBERSON ST c E SEATTLE $T � N `> E SERTTLE ST x d c W �� a m 1 r• E CMICRGO ST ti a LAUREL ST S 252 ST s SE 253 P 00 EMLOCK ST = O<9 Z MIER APPLICATION NAME: Hillside Manor NUMBER: #SU-96-26 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND A Application site N Vicinity Map Railroad tracks T city limits City of Kent - Planning Department �, — --- ti o ❑ EM ,d Li fl J � V ❑ D p a � PL. D io J APPLICATION NAME: Hillside Manor NUMBER: #SU-96-26 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND A EEO _r- Application site N Zoning/Topography I Zoning boundary City limits City of Kent - Planning Department 435'_ L� � r - T Z6.LSOJ I O$W4/ 1 I YYYYYY J 4 'I e,79S/ I ,7e5� 2TI I I I I I I I f I\ •L m y 1 1 1 r II ,, l II 22 i1 23 J 13 1 I 16 I. 11'7 ZD I�I 52�1 1 I seoo/ t4MooN/I e gII ��pp i G7es w IQ. ;+i _I � `� I I•I II I I �—__ _1 �_—_- ', 1_ In i I. I 49oDo I�i I I I C I I I l I ' -- --I I I L J I--- L---J I---- —�--� -----J h --- --_—� r— r ' --1 �I 14 15 1$ 19A b v6 1� I 11 7.045 m I 104$W I �PaS• 0 l,1Do w I LAGS q •11I I,WS m i a3s APPLICATION NAME: Hillside Manor NUMBER: #SU-96-26 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND A Application site N Site Plan i s J,I V Y18 6 ITI O i � I 1 10 I --— — Wv� � I C U N i O ' ifs s h N, W o a N � � I �o I � y F, O � it 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. 3 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 4 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. 5 I 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 6 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. 7 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 riry OF Z 9 ,2!) 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. 1 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. 3 Staff Report 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 4 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 5 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. 6 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: 7 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. 9 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 10 City of Kent - Planning Department • P316!S SE 236 ST5 PLGSE 37 ST BE o� X2NP ¢ 239 ST rnir• SE `W" Wc� J J11 23 0 Ll ------- 1 ST II I 2 ST LI 11 421ST I� -IL 243 5 a I`__ 4 ST SE 244 ST o NILSF- 244 CT oILU,245 PL of 46 ST 151J246 PL IS 247 I�247 PL l-QT SE 248 ST II wII I J S 252 ST o w SE 253 P n ��I n m 0 SE 54 APPLICATION NAME: Singh NUMBER: #SU-96-28 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND A.A. Application site N Vicinity Map Railroad tracks City limits City of Kent- Planning Department El -- -- Q G a 1D 5iCr �- n d 0 SR 13 Z_ ❑ Cl I � ' I 0 APPLICATION NAME: Singh NUMBER: #SU-96-28 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND A Application site A. Zoning/Topography Zoning boundary ���r city limits City of Kent - Planning Department S.E. 244th PL. A _ _ ■rirlr. RI sro v rlWI — Tan a oo rplm sr, 9sys Gill a l.r'T v wlc..mt I v m C':V1 t{ LOT ll A WC-2 1-4 an wua � I silo 1�mun aeWMMoolIUM" lan I an. I sass i v rlv.one yr,•aml v wv.ma A rllr • ' ua' � I I M W%Xllr Ia1R I 0AW ms aa[a v pitm Lilt LOT T a LOT A = ELA OLL-a-ko M Il' ww yy I ^— J LOT I l2,869. ,o 1. sr o'IF+R uoar/[olrn 9 ranf. ..o unrrr[worm LOT 9 b ' ILA Ill-96-20 LOT ] VC-94-4 s 5 LOT 2 V.711 sa rt. room CM FOom mC 1791 a 197v LTL A a21r4 v nv.an Inev v b col ■onrjr APPLICATION NAME: Singh NUMBER: #SU-96-28 DATE: March 19, 1997 REQUEST: Preliminary Plat LEGEND A Application site N Site Plan S.E. 244tli Pl-. 16ENION Sr ` I I-ni q fkf 1 f U O 5 n l E a Hti 2 I Z � I oc l UT 1 i 4 7 101 2 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- n ttse4 itt titis seetiort 1 -d g I,... _ f r Ie Y know �. fferTset, Br $- i i T T Lars or eatte»t- persent`or �I III TT' i _ _ 1ft" z1 fare,,.....ent is __ 4e - _ 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 �r J ` 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 , b b Tl l tvt . 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 ^ b eel to separately b ` or strttetttre4"tIi!t-Y II- 2Ti thetiegect-- b to (40 so, who biie or ven by the evener the tteter! ?-_ Pesttftg 18 Criminal Cod e fitbandatted., I b to enter or 1\.luuaai. Ltd by tite I4 11 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