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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
9.02 relating to the penalty provisions and
making other related amendments to be in
compliance with state statutes and declaring
a public emergency necessary for the
protection of public health, safety, property
and peace.
WHEREAS, the Kent Municipal Court recently dismissed a
charge filed under Kent's penal code, Chapter 9.02, because the
3�o1'',Ilpenalty provision of the code defines what constitutes a gross
q�0
�3O f
��penal
misdemeanor under state statute, and that the provisions of the
code contain what amounts to both ross misdemeanors and
3101O g
q,b
�4. 3a simple misdemeanors as defined under state statute, and that due
4 to these discrepancies, the particular provision of the penal
3a� �
code as applied to the case at hand was ruled unconstitutional;
and
off•
a 30 WHEREAS, this ruling affects numerous other provisions
of the penal code, thereby impacting the outcome of numerous
criminal cases • and
`�•�a q� c, q, 360
a�
��C ,2,c , 3 33 / o
Dom. 33 07 P&2� 4.4 (AzC. 3 350
WHEREAS, recently adopted state legislation will require
that penalties for acts that constitute a crime under the Kent
City Code be the same as penalties prescribed for the same crime
by state statute; and
WHEREAS, RCW 35A.11.090 and RCW 35A.12.130 allow for the
adoption of emergency ordinances; and
WHEREAS, pursuant to L nce v Bremerton, 25 Wn.App. 309
(1980) and RCW 35A.11.020, the provisions of RCW 35A.12.130 apply
1 in this particular instance for the enactment of emergency
,ordinances; and
WHEREAS, due to the constitutional questions raised with
i
'regard to the City's penal code and the potential impact on cases
!being prosecuted under the penal code, enactment of an emergency
'!ordinance is appropriate and necessary to minimize effective
!;challenges to the penal code and to the prosecution of cases
'!thereunder; NOW, THEREFORE,
i
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. The above listed recitals are found to be
'true and correct in all respects.
2
SECTION 2. The City Council finds that the
;,'constitutional issues raised with regard to the City's penal code
constitute an emergency situation necessitating immediate action,
and that a public emergency ordinance is the appropriate and
necessary action to take for the protection of public health,
;public safety, public property and the public peace.
SECTION 3. Kent City Code Chapter 9.02 entitled "Penal
,!Code,, is hereby amended in its entirety to read as follows:
is
CHAPTER 9.02. PENAL CODE
'Sec. 9.02.04. Public officer defined.
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Public officer, as used herein, comprises police officers,
;!fire chief, city health officer and director of public works or
!;their duly authorized deputies or the mayor or city administrator
ijwhen performing the official duties of any of such offices.
!
Sec. 9.02.08. Principal defined.
Every person concerned in the commission of a misdemeanor in
violation of any city ordinance, whether he directly commits the
;fact constituting the offense or aids or abets and every person
,who directly or indirectly counsels, encourages, hires, commands,
!;induces or otherwise procures another to commit a misdemeanor, is
ja principal and shall be proceeded against and punished as such.
!The fact that the person aided, abetted, counseled, encouraged,
!hired, commanded, induced or procured, could not or did not
!entertain a criminal intent shall not be a defense to any person
aiding, abetting, counseling, encouraging, hiring, commanding,
'!inducing or procuring him.
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Sec. 9.02.12. Attempted crime.
A person is guilty of an attempt to commit a crime if, with
IJntent to commit a specific crime, he does any act which is a
substantial step toward the commission of that crime.
Sec. 9.02.16. Obstructing public officers.
A. A person is guilty of obstructing a public officer if,
j with knowledge that the person ..bsti.....t a ja a public officer,
he:
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1. Intentionally and physically interferes with a
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public officer;
2. Intentionally hinders or delays a public officer
Jby disobeying an order to stop given by such officer;
3. Intentionally refuses to cease an activity or
4Ibehavior that creates a risk of injury to any person when ordered
,Ito do so by a public officer;
4. Intentionally destroys, conceals or alters or
!;attempts to destroy, conceal or alter any material which he 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.
F� Intentionally hinders or delays a public officer
iiin the discharge of his or her official duties by making any
;untrue or misleading statement report or identification
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B. No person shall be convicted of violating this section
cif 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.
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C. For purposes of this section a public officer means
those individuals responsible for the enforcement of the
provisions in the Code and empowered to make arrest for offenses
under the Code or those individuals responsible for the
enforcement of the criminal laws of the state.
D. Obstructing a public officer is a misdemeanor.
Sec. 9.02.17. Hindering law enforcement.
A. As used in this section hindering law enforcement means
to intentionally prevent, hinder or delay the apprehension or
prosecution of another person whom the actor knows:
1. Has committed a crime;
2. Is being sought by law enforcement officials for
the commission of such offense; or
3. Has escaped from jail or prison.
B. A person is guilty of hindering law enforcement if
respect to a person described in subsection A.1., 2. or 3. he
knowingly:
1. Harbors or conceals such person;
2. Warns such person of impending discovery or of
apprehension;
3. Provides such person with money, transportation,
;disguise or other means of avoiding discovery or apprehension;
4. Prevents or obstructs by use of force or threat, a
`private person from performing an act that might aid in the
jdiscovery or apprehension of such person; or
5. Conceals, alters or destroys any physical evidence
:that might aid in the discovery or apprehension of such person.
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C. Hindering law enforcement is a misdemeanor,
Sec. 9.02.18. Escape.
A.
offense;
official detention means:
1.
2.
Facility; or
Restraint pursuant to a lawful arrest for an
Lawful confinement in the Kent Corrections
3. Custody for purposes incident to the foregoing
including but not necessarily limited to:
a. Transportation;
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. 9.02.14AI2. 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 offices" has its ordinary meaning including
city, county, state and federal government offices. A violation
of this section is a gross misdemeanor.
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IISec. 9.02.20. Interfering with or resisting public officers.
A. A person is guilty of resisting arrest if he
intentionally prevents or attempts to prevent a peace officer
from lawfully arresting him.
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j B. Interfering with or Rresisting arrest is a misdemeanor.
Sec. 9.02.24. Refusing to summon aid for a public officer.
'i
A. A person is guilty of refusing to summon aid for a
11public officer, if, upon request by a person he knows to be a
,,public officer, he unreasonably refuses or fails to summon aid
!for such public officer.
h
B. Refusing to summon aid for a public officer is a
misdemeanor.
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 toIi
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anyperson; or !
2. He or she intentionally engages in a physical act r
,.!which creates in another a reasonable apprehension or fear of j
.!imminent bodily injury; or
3. He or she intentionally and without permission
!;touches another and that touching is offensive, regardless of
whether any actual physical harm is done to the other person.
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B. Assault is a gross misdemeanor.
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Sec. 9.02.32. 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. 9.02.33. 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 meanincr
�lan occurs upon any penetration, • - -
t,means any 'penetration of the vagina or anus however slicrht, b
:Jany object, when committed on one -person by another. whether such
Ilipersons are of the same or oulposite sex, except when suc
:penetration is accomplished for medically recoanized treatment or
ildiacrnostic T)uriposes, and (c) also means any act of sexual contac
,!between persons involvina the sex organs of one person and the
limo th or anus of another whether such persons are of the same or
oDuosite sex.
8
D "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,
$-Q. 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.
Sec. 9.02.34. Indecent exposure.
A A person is guilty of indecent exposure if he
;;intentionally makes any open and obscene exposure of his person
or the person of another knowing that such conduct is likely to
`;cause reasonable affront or alarm.
`i B. Indecent exposure is a misdemeanor unless such person
,exposes himself to a person under the age of fourteen (14) years
;lin which case indecent exposure is a gross misdemeanor.
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
jibe an infraction, and any person found in violation shall be
subject to a penalty not to exceed two hundred fifty dollars
j; ($250.00) .
ii
-Sec. 9.02.36. Disorderly eendu Public Disturbance.
A A person is guilty of d___=d__ll- __ndtt_t public
jdisturbance if he or she:
j 9
I. Uses abusive ianquage and thereby intentien
ereates a risk ef
assault- t
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2. T l 1. d y l ..._.F.,l ..;bl _ r
l' 1
„v 1GlW 1 u >
a1. 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
,oto be public ase nuisance disturbances:
a. The frequent, repetitive or continuous
sounding of any horn or siren 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
Lontinuous sounds in connection with the starting, operation,
repair, rebuilding or testing of any motor vehicle, motorcycle,
;,off-highway vehicle or internal combustion engine within a
residential district, so as to unreasonably disturb or interfere
;!with the peace, comfort and repose of owners or possessors of
Ireal property.
C. Yelling, shouting, hooting, whistling or
jsinging 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 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.
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e. The creating of frequent, repetitive or
!;continuous sounds made by any animal, such as barking or howling
lexcept that such sounds made in animal shelters, commercial
11kennels, veterinary hospitals, 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
'isuch as tape players, radios, and compact disc players, operated
gat a volume so as to be audible greater than fifty (50) feet from
'the vehicle itself.
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!' g. Sound from portable audio equipment, such as
Iitape 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. !
j
}3 i.The forgoing provision shall not apply
oto regularly scheduled events at parks, such as public address
,isystems for baseball games or park concerts.
-ih. The creation of frequent, repetitive or !
,!continuous sounds made in connection with outdoor construction or
!!the movement of construction related materials, including noise
jlmade 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:
During the hours of 7:00 a.m.
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!!through 8:00 p.m., Monday through Sunday; or
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{� iii• In commercial areas not adjacent to
,,residential areas.
B Previdedthat t he foregoing enumeration of acts and
',noises shall not be construed as excluding other acts and noises
11which offend the public peace.
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Public disturbance is a misdemeanor.
!Sec. 9.02.38. Pedestrian _t__r_ _ -_ Disorderly conduct
A. A person is guilty of pedestrian interfzerenee
disorderly conduct if, tin a ptiblie plaee, he or she
1. Uses abusive language and thereby intentionally
creates a risk of assault;
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2. Intentionally disrupts any lawful assembly or
'meeting of persons without lawful authority; or
13. IntentionallX 94bstructs pedestrian or vehicular
,traffic without lawful authoritX; or
-4. Aggressively begs in a public place.
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B. The following definitions shall apply in this section:
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.
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2. Beg means to ask for money or goods as a charity,
1whether by words, 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
11exercise of one's constitutional right to picket or legally
protest shall not constitute obstruction of pedestrian or
!.vehicular traffic.
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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.
Sec. 9.02.40. Failure to disperse.
A. A person is guilty of failure to disperse if:
1. He congregates with a group of three (3) or more
other persons and there are acts of conduct within that group
which create a substantial risk of causing injury to any person
or substantial harm to property; and
2. He refuses or fails to disperse when ordered to do
so by a peace officer or other public servant engaged in
enforcing or executing the law.
B. Failure to disperse is a misdemeanor.
Sec. 9.02.44. Telephone calls to harass, intimidate, torment or
embarrass.
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A Every person who, with intent to harass, intimidate,
j:torment or embarrass any other person, shall make a telephone
call to such other person:
1. Using any lewd, lascivious, profane, indecent, or
,obscene words or language, or suggesting the commission of any
�jlewd or lascivious act;
2. Anonymously or repeatedly or at an extremely
jinconvenient hour, whether or not conversation ensues; or
3. Threatening to inflict injury on the person or
property of the person called or any member of his family or
,household.
B. A violation of this section is a gross misdemeanor.
Sec. 9.02.48. Discharge of firearms or dangerous
;',instrumentalities.
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j It is unlawful for any person to aim any gun, pistol,
1!revolver or other firearm, whether loaded or not, at or towards
any human being, or wilfully discharge any firearm, air gun or
;other weapon or throw any deadly missile in a public place, or in
Jany place where any person might be endangered thereby even
;'though no injury results. The discharge of certain firearms as
..'bona fide gun clubs, etc., shall be as provided in section
5.04.010. A violation of this section shall be punishable, upon
i conviction, as a misdemeanor ttnel r state l
,!Sec. 9.02.56. Criminal trespass.
A. In the first degree. Every person, knowing that he is
!Inot licensed or privileged to do so, who enters or remains in any
!;building or occupied structure or separately secured or occupied
portion thereof including but not limited to publicly owned or
J occupied buildings, structures or portions thereof or defies an
lorder by the owner or other authorized person to leave said
building or structure is guilty of criminal trespass which is a
gross misdemeanor.
B. In the second degree Every person, knowing that he is
:,'not licensed or privileged to do so, who enters or remains in any
,public or private place or on any public or private premises as
,;to which notice against trespass thereon is given by the owner or
some other authorized person, through:
1. Actual communication to the actor,,—�L
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2. Posting in a manner prescribed by law or
;;reasonably likely to come to the attention of intruders,, --L or
i 3. Fencing or other enclosure manifestly designed to
I1 exclude intruders,,—F.;-
shall be guilty of criminal trespass which is a misdemeanor.
--Every persen,, -kii9wingtirhe is net , _ e
d or
i� remain,
therizeel
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Defenses. It is a defense to prosecution for criminal
,trespass under this section if:
1. The building or occupied structure referred to in
;'subsection A. above was abandoned;
2. Any place or premises referred to in this section
;;was at the time open to members of the public and the actor
jicomplied with all lawful conditions imposed on access to or
!,remaining in the premises; or
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it 3. The actor reasonably believed that the owner of
Zany of the places or premises referred to in this section or
mother person empowered to license access thereto would have
ilicensed him to enter or remain.
a
4 Vim- • - 1&1V4H1O1��lS!ts•�-Y���L�i SF•�!1�1�1s�-T-
which includes any document reauired or allowed to be served upon
or court o der, excluding delivery by the mails of the United
'States, This defense applies only if the actor did not enter
�linto a -orivate residence or other building not open to the public
ii'and the entry onto the -premises was reasonable and necessary for
of - legal process.
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;Sec. 9.02.60. Third degree theft.
A. Theft means:
1. To wrongfully obtain or exert unauthorized control
Mover the property or services of another or the value thereof,
with intent to deprive him of such property or services; or
2. By color or aid of deception to obtain control
;;over the property or services of another or the value thereof,
'with intent to deprive him of such property or services; or
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3. To appropriate lost or misdelivered property or
services of another, or the value thereof, with intent to deprive
,'him of such property or services.
B. 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 preferred in good faith, even
though the claim be untenable.
C. A person is guilty of theft in the third degree if he
!commits theft of property or services which does not exceed two
hundred fifty dollars ($250.00) in value. Theft in the third
degree is a gross misdemeanor.
=Sec. 9.02.64. Unlawful issuance of bank checks or drafts.
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It is a gross misdemeanor for any person with intent to
ldefraud, to make, draw, utter or deliver to another person any
check or draft in any amount on a bank or other depository for
the payment of money, knowing at the time of such drawing or
!delivery that he has not sufficient funds in or credit with the
.;bank or depository to meet the check in full upon its 1
;,,presentation. The word "credit" as used herein shall be construed
Ito mean an arrangement or understanding with the bank for payment
11of such check or draft. The uttering or delivery of such check or j
draft to another person without such funds or credit to meet the I
same shall be prima facie evidence of intent to defraud.
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'!Sec. 9.02.72. False advertising.
Any person who, with intent to sell or otherwise dispose of
1goods or services to the public, uses some form of advertising
;medium in which the advertisement for the goods or services
!jcontains an assertion, representation or statement of fact which
;pis untrue, deceptive or misleading shall be guilty of a
I�misdemeanor.
Sec. 9.02.76. Unlawful to allow underage persons where
intoxicants served.
Any person having charge of a public place in the city where
11intoxicating liquors are served, who shall admit or allow any
:person under twenty-one (21) years of age to remain in the
,premises contrary to the laws of the state or the city is guilty
'of a misdemeanor.
!�9.92-89. GensumPtleft Of liquer y certain persons.
it
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previded that the feregeing
lnet apply in the ease ef-Tr[1TS0 '^given erIlll V 1. V u
te beI
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Sam 9,02,82. Furnishing livor to minors - Possession use -
i Exhibition of effects - Exceptions.
1. It is unlawful for any person to sell give, or
k'
1 otherwise supply liquor to any person under the age of twenty-one
years or 'permit any person under that acre to consume liquor on
his or her uremises or on any premises under his or her control
!For the purposes of this subsection "premises" includes real
h pro-perty houses buildings and other structures and motor
i.vehicles and watercraft.
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2. it is unlawful for any -person under the acre of twenty -
on years t ssesS. consume, or otherwise acauire any liauor.
a_. It is unlawful for a person under the age of twenty-one
years to be in a public place. or to be in a motor vehicle in a
public -place, while exhibitincr the effects of having consume
liquor, For -purposes of this subsection, exhibitincr the effec
of havina consumed liauor means that a person has the odor o
liauor on his or her breach and either:
i. Is in possession of or close -proximity to a
container that has or recently had liauor in it; or
ii. by speech, manner, ap-pearance, behavior, lack
or coordination, or otherwise. exhibits that he or she is under
the influence of ! •
This subsection (3) does not ap-ply if the -person is in
the presence of a parent or guardian or has consumed or is
consuming liauor under circumstances described in subsection (5)
or of - •
�4 Subsections (1) and (2) of this section do not apply t
liauor Qiven or permitted to be aiven to a person under the aae
of twenty-one years by a parent or cruardian and consumed in the
-presence of the parent or Quardian, This subsection shall not
authorize consumption or possession of liauor by a person under
the acre of twenty-one years on any 1premises licensed under
chapter 66.24 RCW.
5. This section does not apply to liauor given for
by a parent, .-n
.E. This section does not apply to liauor given to a pers
under the age of twenty-one years when such liauor is beincr use
in connection with reliaious services and the amount con i
the minimal amount necessary for the religious service. A
w
!Sec. 9.02.88.
lounges.
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A. It
of twenty-one
Certain persons frequenting taverns or cocktail
shall be a misdemeanor for any person under the age
(21) to:
Enter or remain on the premises of any tavern or
jcocktail lounge; or
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2. Represent his age as being twenty-one (21) or more
jyears for the purpose of securing admission to or remaining on
;;the premises of any tavern or cocktail lounge.
B. The classification of establishments for the purpose of
determining whether persons under the age of twenty-one (21)
,shall not be allowed shall be made by the state liquor control
board. Provided, that the exceptions to this section for
musicians eighteen (18) years and older established by RCW ch.
66.44 shall apply.
Sec 9,02.90. Violation - Penalty,
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Every
person
guilty
of
a
violation
of
Sections
9,02.76,
19.02.82
a
d
9,02.88
above
shall
be
liable.
upon
conviction,
for a
A.first
offense
to
a
penalty
of
not
more
than
five
hundred
dollars—
or to
imprisonment
for
not
more
than
two
months,
or both;
for
a
!,second
offense
to
im-orisonment
for
not
more
han
six months;
.n.
I:for
a third
or
subsequent
offense
to
imprisonment
for not
more
than
one-year,
If
the
offender
convicted
of an
offense
referred
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�. •
R•����INi���Zi�l:�i�1��i�i!i�i'�f�� ��az:s.-►-�t�=��-s.r.�-_zs_-�_,-
for a second or subseauent offense to a penalty of not more than
ten thousand dollars, or to forfeiture of its corporate license,
!or both,
!'Sec. 9.02.92. Liquor defined.
� The terms "liquor" or "intoxicating liquor" as used in this
chapter are hereby defined to mean alcohol, spirits, wine and
;'beer as defined by the state liquor act, and all spirituous,
:vinous or malt liquor, or combinations thereof, and mixed liquor,
;la part of which is fermented, spirituous, vinous or malt liquor,
!or otherwise intoxicating; and every liquid or semisolid or other
'!substances, patented or not, containing alcohol, spirits, wine or
,'beer, and all drinks or drinkable liquids, and all preparations
!jor mixtures capable of human consumption, any liquid, semisolid
or solid, or other substance which contains more than one (1)
;percent of alcohol by weight, shall be conclusively deemed to be
,!intoxicating.
,,'Sec. 9.02.96. Loaded rifles in motor vehicles.
It shall be unlawful for any person to carry, transport or
,;convey or to have in his possession or under his control in any
;'motor -driven vehicle any shotgun or rifle containing shells or
cartridges therein. A violation of this section shall, upon
conviction, be punishable as a misdemeanor under state flaw.
Sec. 9.02.100. Pistols.
No person shall carry a pistol in any vehicle unless it is
unloaded or carry a pistol concealed on his person, except in his
,,,place of abode or fixed place of business, without a license
,'therefor as provided in RCW 9.41.070, provided that the
,exceptions set forth in RCW 9.41.060 shall apply to this section.
'A violation of this section shall, upon conviction, be punishable
as a misdemeanor under :tate law.
20
Sec. 9.02.104. Weapons apparently capable of producing bodily
'harm, carrying, exhibiting, displaying or drawing unlawful;
.penalty; exceptions.
A. It shall be unlawful for anyone to carry, exhibit,
;display or draw any firearm, dagger, sword, knife or other
'cutting or stabbing instrument, club or any other weapon
(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 misdemeanor. A violation of
this section shall, upon conviction, be punishable as a gross
misdemeanor didei--s-t-a�to law.
B. Subsection A. of this section shall not apply to or
I affect the following:
1. Any act committed by a person while in his place
of abode or fixed place of business;
j 2. Any person who by virtue of his 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 against the use of presently threatened unlawful force by
4'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.
21
;Sec. 9.02.106. Sale, manufacture, possession of certain weapons.
A. It shall be unlawful for anyone to sell, manufacture,
,;purchase, possess or carry:
1. Any 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 commonly known as throwing stars, which
fare multipointed, metal objects designed to embed upon impact
,;from any aspect 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.
j B. It shall be unlawful for anyone to manufacture, sell or
dispose of or have in his possession any instrument or weapon of
the kind usually known as a slung shot, sand club, metal
'knuckles, spring blade knife or any knife the blade of which is
','automatically released by a spring mechanism or other mechanical
device or any knife having a blade which opens or falls or is
;!ejected into position by the force of gravity or by an outward,
;.downward, or centrifugal thrust or movement.
C. Anyone who shall furtively carry with intent to conceal
any dagger, dirk, pistol, or other dangerous weapon as previously
outlined, or who shall use any contrivance or device for
;suppressing the noise of any firearm shall be guilty of a
,'misdemeanor as provided under state law.
�I
,
.
I .
=omaeolating-any pre=ops±ems--eters
ehapter
shall, upen ----- i=}i---
thereef, be-punisheel
by awe -e€ net
more than five thettsan
i, del l ars-($5 ,
a r terffi ef
e f net than
year, er bet4-r-.
ii
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Sec. 9.02.112. Costs of prosecution.
Whenever anyone is convicted of an offense under any section
lof this chapter, or section of any city ordinance, the court mays
las authorized by law, impose t4ie reasonable costs of prosecution
!in addition to the fine imposed. The court may also impose costs
,for issuance of bench warrants in an amount not to exceed
!Sec. 9.02.116. State law adopted by reference --Title 9.
The following sections of RCW Title 9 are hereby adopted by
'reference by the city and shall be given the same force and
!,effect as if they were adopted in their entirety:
1. 9.08.010, Allowing vicious animals at large.
2. 9.23.010, Criminal contempt.
,
3. 9.40.100, Injuring or tampering with fire alarm
apparatus or equipment --Sounding false alarm.
I
4. 9.41.240, Use of firearms by minor.
,
5. 9.45.040, Frauds on innkeeper. j
6. 9.45.060, Encumbered, leased or rented personal
property --Construction.
7. 9.45.062, Failure to deliver leased personal
property --Requisites for prosecution --Construction.
8. 9.47.030, Possession of gambling devices.
9. 9.61.120, Throwing glass, tacks, rubbish, etc., in
highway.
10. 9.66.010, Public nuisance.
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11. 9.66.030, Maintaining or permitting nuisance.
12. 9.91.060, Leaving children unattended in parked
automobile.
13. 9.21.120, Food stamps and food purchased with
;;stamps --Reselling or purchasing.
14. 70.93.060, Littering prohibited --Penalties.
jjSec. 9.02.120. Same --Title 9A.
The following sections of RCW Title 9A are hereby adopted by
reference and shall be given the same force and effect as if they
:were adopted in their entirety:
l�
1. 9A.08.020, Liability for conduct of
;'another --Complicity.
2. 9A.28.030, Criminal solicitation.
3. 9A.28.040, Criminal conspiracy.
(' 4. 9A.36.050, Reckless endangerment.
5. 9A.36.070, Coercion.
6. 9A.48.090, Malicious mischief in the third degree.
7. 9A.48.100, Definition.
8. 9A.52.100, Vehicle prowling.
9. 9A.56.170, Possessing stolen property in the third
degree.
10. 9A.72.040, False swearing.
it
11. 9A.72.150, Tampering with physical evidence.
12. 9A.76.050, Rendering criminal assistance.
13. 9A.76.100, Compounding.
14. 9A.76.160, Introducing contraband in the third degree.
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15. 9A.84.010, Riot.
16. 9A.84.040, False reporting.
17. 9A.88.030, Prostitution.
18. 9A.88.090, Permitting prostitution.
!;The definition of rendering criminal assistance as set forth in
':RCW 9A.76.050 is hereby adopted.
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;Sec. 9.02.124. Offenses against police dogs.
I No person shall willfully or maliciously torment, beat, kick
I!or strike any dog owned or being used by the police department in
the performance of its official duties. No person shall willfully
lihinder, delay, or obstruct any dog used by a law enforcement
jofficer in discharging or attempting to discharge his official
1�duties. Any person violating the provisions of this section shall
;be guilty of a misdemeanor.
J Sec. 9.02.300. Domestic violence --Definition.
i
j For the purposes of sections 9.02.302 through 9.02.306, the
;',following words shall have the meaning ascribed in this section:
Domestic violence means physical harm, bodily injury,
',assault, or the infliction of fear of imminent physical harm,
;bodily injury or assault, between family or household members or
,sexual assault of one (1) family or household member by another.
Family or household members means spouses, former spouses,
!persons who have a child in common regardless of whether they
25
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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
!Ipast, 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 had a dating relationship,
and persons who have a biological or legal parent-child
relationship, including stepparents and stepchildren and
jgrandparents and grandchildren.
I
(I Dating relationship means a social relationship of a
;;romantic nature. Factors that the court may consider in making
,this determination includes the length of time the relationship
lhas existed, the nature of the relationship, and the frequency of
it between the parties.
';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 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
�jshall 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 misdemeanor subject to
the penalty provided in section 9.02.310. A certified copy of the
order shall be provided to the victim.
MON
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
I?
, excluding the person from a residence is a misdemeanor 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
ithreats of violence or of a provision excluding the person from a
residence is a misdemeanor subject to the penalty provided in
"isection 9.02.310.
B. A person is deemed to have notice of a restraining
it order if:
1. The person to be restrained or the person's
!attorney sign the order;
2. The order recites that the person to be restrained
for 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
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
,Irestraining 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
`iviolator to criminal prosecution.
f:
',Sec. 9.02.310. Same --Penalty.
;i
A. A violation of sections 9.02.302, 9.02.304 and 9.02.306
(shall be a misdemeanor
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B. Violations of sections 9.02.302, 9.02.304, and 9.02.306
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
Tito anyone charged with prostitution, permitting prostitution, or
'patronizing a prostitute under chapter 9.02 of the Kent City Code
las a condition of pre-trial release.
B. SOAP orders may be issued by the Kent Municipal Court
to anyone convicted of prostitution, permitting prostitution, or
patronizing a prostitute under chapter 9.02 of the Kent City Code
I'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
'pis seen violating or failing to comply with any requirement or
28
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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.
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 260th to the Puget
Sound Bank Building at the corner of State Route 516, including
all adjacent businesses.
E. A person is deemed to have notice of the SOAP order
11 when:
1. The signature of the person named in the order or
;'their attorney is affixed to the bottom of the order, signifying
jthat 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.
i F. The written SOAP order shall contain the court's
;directives and shall bear the legend: "Violation of this order is
is criminal offense under Chapter 9.02. KCC and will subject the
',violator to arrest."
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,
i,'or both such fine and imprisonment.
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Sec. 9.02.320. Probation violations.
A. For purposes of this section, the word "probationer"
Imeans 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.
ii 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
kthe court as a condition of such probation, such officer may
ii.
iicause the probationer to be brought before the court wherein
(!sentence was deferred or suspended, and for such purpose such
police officer may arrest such probationer without warrant or
;:other process.
1. Gross misdemeanor, Every person convicted of a aross
�Imisdemeanor defined in Chapter1 shall be 'punished
,court by
Lisonment. in jail for a -naxi--ffum term fiy.ed--bv--t--,e court of tot
,Imore than one (1) year, or by a fine in an amount fixed by the
• • • - _n - • • •• 111 11 • by
••th such im-prisonment and
2. Misdemeanor, Every person convicted of a misdemeanor
Idefined in Chapter 9.02 KCC shall be punished by imprisonment in
';!ail for a maximum term fixed by the court of not more than
�ninetv (90) days. or by a fine in an amount fixed by the court of
1�not more than • - thousand • •llars ($1,000,00), or by both such
�� • -and
30
Unless
otherwise
provided
for
in this
chapter,
violation
of
any
provision
of
this
chapter
shall
be punishable
by:
I
1. Gross misdemeanor, Every person convicted of a aross
�Imisdemeanor defined in Chapter1 shall be 'punished
,court by
Lisonment. in jail for a -naxi--ffum term fiy.ed--bv--t--,e court of tot
,Imore than one (1) year, or by a fine in an amount fixed by the
• • • - _n - • • •• 111 11 • by
••th such im-prisonment and
2. Misdemeanor, Every person convicted of a misdemeanor
Idefined in Chapter 9.02 KCC shall be punished by imprisonment in
';!ail for a maximum term fixed by the court of not more than
�ninetv (90) days. or by a fine in an amount fixed by the court of
1�not more than • - thousand • •llars ($1,000,00), or by both such
�� • -and
30
SECTION 4 Severability. If any section, sentence,
11clause or phrase of this ordinance should be held to be invalid
jor unconstitutional by a court of competent jurisdiction, such
!invalidity or unconstitutionality shall not affect the validity
`jor constitutionality of any other section, sentence, clause or
!',phrase of this ordinance.
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SECTION 5 Effective Date. This emergency ordinance
!shall take effect and be in force immediately upey adoption.
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I- LIA07
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i
M WHITE, MAYOR
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:ATTEST:
i L'eT7�/
411BRENDA JACOB C TY CLERK
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:'APPROVED AS TO FORM:
IBRO ER A. LUBOVICH,, ATTORNEY
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31
PASSED � / day of
1994.
APPROVED day of
1994.
v
PUBLISHED day of 1994.
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ii
I hereby certify that this is a true copy of Ordinance
I
I
No. 3l %cl. , passed by the City Council of the City of Kent,
'Washington, and approved by the Mayor of the City of Kent as
Thereon indicated.
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(SEAL) I
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BRENDA J OB R, CITY CLERK
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penal.ord
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II
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