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HomeMy WebLinkAbout1960ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, enacting certain provisions of the Kent Penal Code and repealing Ordinances 425, 475, 485, 503, 544, 618, 654, 683, 690, 804, 838, 859, 1258, 1680, 1705, 1726, 1753 and 1847. tq THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, IIDOES HEREBY ORDAIN AS FOLLOWS: flu 7 Ova 3 316 GENERAL PROVISIONS AND DEFINITIONS Section 1. PUBLIC OFFICER DEFINED. "Public Officer", as used herein, comprises: police officers, Fire Chief, City Health Officer and Director of Public Works or their duly autho- rized deputies, or the Mayor or City Administrator when performing the official duties of any of said officers. Section 2. PRINCIPAL DEFINED. Every person concern- ed in the commission of a misdemeanor in violation of any City (ordinance, whether he directly commits the act constituting the offense or aids or abets in its commission, and whether present or absent; and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit a misdemeanor, is a principal and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or pro- cured, could not or did not entertain a criminal intent shall not The a defense to any person aiding, abetting, counselling, encour- aging, hiring, commanding, inducing or procuring him. Section 3. ATTEMPTED CRIME. A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he does any act which is a substantial step toward the commission of that crime. Every person who is convicted of at- tempting to commit a crime, unless otherwise prescribed by ordi- ance, shall be punished by imprisonment for a term not longer than six months, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment. who: Section 4. OBSTRUCTING PUBLIC OFFICERS. Any person (1) without lawful excuse shall refuse or knowingly fail to make or furnish any statement, report, or information law- fully required of him by a public officer, or (2) in any such statement or report shall make any knowingly untrue statement to a public officer, or (3) shall knowingly hinder, delay or obstruct any public officer in the discharge of his official powers or duties; shall be guilty of a misdemeanor. Section 5. INTERFERING WITH OR RESISTING PUBLIC OFFICERS. Any person who, by threat, force or violence, shall attempt to interfere with or resist any public officer who has properly identified himself and is acting within the scope of his legal authority shall be guilty of a misdemeanor. Section 6. REFUSING TO SUMMON AID FOR A PUBLIC OFFICER. (1) A person is guilty of refusing to summon aid for'', a public 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. (2) Refusing to summon aid for a public officer is a misdemeanor. CRIMES AGAINST THE PERSON Section 7. SIMPLE ASSAULT. Every person who shall, !within the corporate limits of the City of Kent, commit an assault !or an assault and battery, upon another person, not amounting to an assault in the first or second degree, as defined by the Laws iof the State of Washington, shall be deemed guilty of simple jassault, a misdemeanor. Section 8. PROVOKING ASSAULT. Every person who i shall, by word, sign or gesture, willfully provoke, or attempt to provoke another person or commit an assault or breach of the peace, shall be guilty of a misdemeanor. CRIMES AGAINST THE PUBLIC ORDER Section 9. DISORDERLY CONDUCT. Any of the follow- - 2 - ing acts shall constitute an act of disorderly conduct: (1) Challenging another person to fight, or fighting by agreement; except as a part of an organized athletic event. (2) The use of profane, abusive or obscene language tending toward or causing a breach of the peace. (3) When in a public place, making noise by shouting, ,screaming, loud singing, squealing automobile tires, unmuffled ;engine exaust, throwing objects or striking objects, which dis- turbes or tends to disturb the public peace. (4) Intentionally disrupting any lawful assembly or meeting of persons without lawful authority. (5) Intentionally obstructing vehicular or pedestrian traffic without lawful authority. I (6) Throwing objects at any house, building, vehicle, for person with an intent to annoy, intimidate, harass or disturb any person. Any person who commits an act of disorderly conduct shall be guilty of a misdemeanor. Section 10. FAILURE TO DISPERSE. (1) A person is guilty of failure to disperse if: (a) he congregates with a group of three or more other persons and there are acts of conduct within that group which creat a substantial risk of causing injury to any person, or sub- stantial harm to property; and (b) he refuses or fails to dispurse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law. (2) Failure to disperse is a misdemeanor. Section 11. TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. Every person who, with intent to harass, intimidate, torment or embarrass any other person, shall make a telephone call to such other person: (1) using any lewd, lascivious, profane, indecent, or obcene words or language, or suggesting the commission of any lewd or lascivious act; or (2) anonymously or repeatedly or at an extremely - 3 - inconvenient 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 (4) without purpose of legitimate communication; shall be guilty of a misdemeanor. Section 12. DISCHARGE OF FIREARMS OR DANGEROUS INSTRUMENTALITIES. It is unlawful for any person, except an officer of the law in line of duty, to discharge any firearm, air - gun, slingshot or any instrument of similar character, within the City limits of the City of Kent; except as provided in Ordinances 1006 and 1768. CRIMES AGAINST PROPERTY Section 13. SHOPLIFTING. A person who willfully takes possession of any goods, wares or merchandise of the value of less than seventy-five dollars offered for sale by any whole- sale or retail store or other mercantile establishment without the consent of the seller, with the intention of converting such goods, wares or merchandise to his own use without having paid the purchase price thereof, is guilty of a misdemeanor of shoplif ing. A duly appointed law enforcement officer may, upon a charge being made and without a warrant, arrest any person who he has reasonable cause to believe has committed or attempted to commit the crime of shoplifting. Section 14. CRIMINAL TRESPASS. (1) Every person, knowing that he is not 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 occupied building, structures or portions thereof is guilty of criminal trespass, a misdemeanor. (2) Every person, knowing that he is not licensed or privileged to do so, who enters or remains in any public or pri- vate 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 == (a) actual communication to the actor, or (b) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders, or (c) fencing or other enclosure manifestly de- signed to exclude intruders, shall be guilty of criminal trespass, a misdemeanor. (3) Every person, knowing that he is not licensed or privileged to remain, who defies an order to leave a public or private place or premises or by some other authorized person, is guilty of criminal trespass, a misdemeanor. (4) It is a defense to prosecution for criminal trespass under this section that (a) the building or occupied structure referred to in subsection (1) above was abandoned, or (b) any place or premises referred to in this section were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises or (c) the actor reasonably believed that the owner of any of the places or premises referred to in this section or other person empowered to license access thereto would have licensed him to enter or remain. Section 15. THIRD DEGREE THEFT. (1) "Theft" means: (a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or (b) By color or aid of deception to obtain con- trol over the property or services of another or the value thereof, with intent to deprive him of such property or services; or (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. - 5 - (2) In any prosecution for theft, it shall be a suf- ficient 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. (3) A person is guilty of theft in the third degree if he commits theft of property or services which does not exceed two hundred and fifty dollars in value. Theft in the third degree is a misdemeanor. Section 16. UNLAWFUL ISSUANCE OF BANK CHECKS OR DRAFTS. It is a misdemeanor for any person with intent to de- fraud, 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 said bank or depository, to meet said check in full upon its presentation. The word "credit" as used herein shall be contrued to mean an arrangement or understanding with the bank for payment of such check or draft, and the uttering or delivery of such check or draft to another person, without such fund or credit to meet the same shall be prima facie evidence of intent to defraud. Section 17. INJURING PROPERTY. It is a misdemeanor to maliciously damage or destroy any property of another, includ- ing public property within the City, whether real or personal property; or, without municipal authority, to deface, mutilate, tear down, or destroy any signboard or post within the corporate limits of the City. Where property owned by the City or under its control is so destroyed or injured the Mayor is authorized and empowered to offer"a reward in any sum not exceeding one hundred dollars for information leading to the arrest and con- viction of the guilty party. Section 18. FALSE ADVERTISING. Any person who, with intent to sell or otherwise dispose of goods or services to the public, uses some form of advertising medium in which the advertisement for the goods or services contains an assertion, representation or statement of fact which is untrue, deceptive or misleading shall be guilty of a misdemeanor. Z� MINORS Section 19. UNLAWFUL TO ALLOW MINOR WHERE INTOXICANTS' SERVED. Any person having charge of a public place in the City where intoxicating liquors are served, who shall admit or allow any minor to remain in the premises contrary to the laws of the State of Washington, or the City of Kent, is guilty of a misde- meanor. Section 20. CONSUMPTION OF LIQUOR BY MINOR. It is a misdemeanor for any person under the age of twenty-one (21) years to acquire in any manner, consume, or have in his possess- ion any intoxicating liquor, provided that the foregoing shall not apply in the case of liquor given or permitted to be given to such persons under the age of twenty-one years by his parents or guard- ian for beverage or medical purposes, or administered to him by his physician or dentist for medicinal purposes. Section 21. SUPPLYING LIQUOR TO MINORS. It is a misdemeanor for any person to give or otherwise supply intoxicat- ing liquor to any person under the age of twenty-one years, or to permit any person under twenty-one years of age to consume intox- icating liquor on or in his premises, automobile, trailer or vehicle, or on or in any premises, automobile, trailer or vehicle under his control, except as provided in Section 20 of this Ordinance. Section 22. MINORS FREQUENTING TAVERNS OR COCKTAIL LOUNGES. It shall be a misdemeanor for any person under the age of twenty-one, (1) to enter or remain on the premises of any tavern or cocktail lounge; or (2) to represent his age as being twenty-one or more years for the purpose of securing admission to or remaining on the premises of any tavern or cocktail lounge. The classification of establishments for the purpose of determining whether persons under the age of twenty-one shall not be allowed shall be made by the Washington State Liquor Con- trol Board. Provided, that the exceptions to this Section for musicians eighteen years and older established by RCW Chapter 66.44 shall apply. - 7 - Section 23. LIQUOR DEFINED. The terms "liquor" or "intoxicating liquor" as used in this Ordinance are hereby definedl to mean alcohol, spirits, wine and beer as defined by the State Liquor Act, and all spiritous, vinous or malt liquor, or combi- nations thereof, and mixed liquor, a part of which is fermented, spiritous, vinous or malt liquor, or otherwise intoxicating; and every liquid or semi-solid or other substances, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids, and all preparations or mixtures capable of human consumption, and any liquid, semi-solid or solid, or other substance which contains more than one percent (1%) of alcohol by weight, shall be conclusively deemed to be intoxicating. WEAPONS Section 24. 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 car- tridges therein. Section 25. 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. Section 26. WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY HARM, CARRYING, EXHIBITING, DISPLAYING OR DRAWING UNLAWFUL - PENALTY -EXCEPTIONS. (1) 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 (a) in any premises which serves alcoholic bev- erages; or (b) 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 sub- section shall be guilty of a misdemeanor. (2) Subsection (1) of this section shall not apply to or affect the following: (a) Any act committed by a person while in his place of abode or fixed place of business; (b) 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 to make arrests for offenses while in the performance of such duty; (c) Any person acting for the purpose of pro- tecting himself 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; (d) Any person making or assisting in making a lawful arrest for the commission of a felony; or (e) Any person engaged in military activities sponsored by the federal or state govern- ments. Section 27. PENALTY FOR VIOLATIONS. Except as other- wise specifically provided herein, any person violating any sec- tion or provision of this Ordinance shall be guilty of a misde- meanor and upon conviction shall be punished by a fine not ex- ceeding five hundred (500) dollars or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Section 28. COSTS OF PROSECUTION. Whenever anyone is convicted of an offense under any section of this Ordinance, or section of any other City Ordinance, the Court may impose the costs of prosecution in addition to the fine imposed. Section 29. The following sections of the Revised Code of Washington are hereby adopted by reference by the City of Kent 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. ( 7) (13) (14) 9.23.010 Criminal contempt. 9.40.100 Injuring or tampering with fire alarm apparatus or equipment - Sounding false alarm. 9.41.240 Use of firearms by minor. 9.45.040 Frauds on innkeeper. 9.45.060 Encumbered, leased or rented personal property -construction. 9.45.062 Failure to deliver leased personal property - Requisites for prosecution - construction. 9.47.030 Possession of gambling devices. 9.61.120 Throwing glass, tacks, rubbish, etc., in highway. 9.66.010 Public nuisance. 9.66.030 Maintaining or permitting nuisance. i 9.91.060 Leaving children unattended in park- ed automobile. 9.91.120 Food stamps and food purchased with stamps - Reselling or purchasing. 70.93.060 Littering prohibited - Penalties. Section 30. The following sections of Title 9A of the Revised Code of Washington are hereby adopted by reference upon becoming effective on July 1, 1976 and shall be given the same force and effect as if they were adopted in their entirety: ( 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. (11) 9A.72.150 Tampering with physical evidence. (12) 9A.76.090 Rendering criminal assistance in the third degree. - 10 - (15) (16) (17 ) (18) (19) 9A.76.100 Compounding. 9A.76.160 Introducing contraband in the third degree. 9A.84.010 Riot. 9A.84.040 False reporting. 9A.88.010 Public indecency. 9A.88.030 Prostitution. 9A.88.090 Permitting prostitution. Section 31. Every section, provision or part of this Ordinance is declared separable from every other section, provision or part; and if any section, provision or part hereof shall be held invalid, it shall not affect any other section, provision or part not declared invalid. Section 32. The following ordinances of the City of Kent are hereby repealed in their entirety: 425, 475, 485, 503, 544, 618, 654, 683, 690, 804, 838, 859, 1258, 1680, 1705, 1726, 1753 and 1847. Section 33. This Ordinance shall take effect five days after its passage, approval and publication as provided by law. i` ISABEL HOGAN, YOR (ATTEST: RIE JENSEN6 CITY CLERK APPROVED AS TO FORM: r DONALD E. MIRK, CITY ATTORNEY PASSED the day of April, 1976. APPROVED the Vie`day of April, 1976. PUBLISHED the day of April, 1976. I hereby certify that this is a true copy of Ordi- nance No. /� &C, passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as here- on indicated. (SEAL) MARIE CEN$EN, CIT CLERK