HomeMy WebLinkAbout3407Ordinance No. 3407
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amends Ord. 3350
Amended by Ord. 3568
Repealing Sec. 9.02.56 and adding new Sec. 9.02.56 by Ord. 3603
Repealed by Ord. 3621 (Ch. 9.02)
ORDINANCE NO. 3 t 0
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Section 9.02.24 of the Kent City
Code pertaining to the harboring of a minor, Section 9.02.40
of the Kent City Code pertaining to disobeying school
administrative officials and threatening teachers and students,
Sections 9.02.50 and 9.02.58 of the Kent City Code
pertaining to the theft of rental property, adding Section
9.02.56 to the Kent City Code which prohibits entry to a
public facility for those who have committed certain crimes
on the grounds of the public facility, amending Section
9.02.80 of the Kent City Code and adding new Section
9.02.70 pertaining to the access of minors to tobacco, and
amending Section 9.02. 100 of the Kent City Code pertaining
to penalties for firearms violations.
WHEREAS, the City must amend its Criminal Code by adopting certain
provisions of the Revised Code of Washington, and by repealing and amending certain
sections of the code in order to provide for a comprehensive code consistent with State
law that will enable the City to file and prosecute violations for offenses not now covered
by the City's code; and
WHEREAS, adding a new section to the Criminal Code that prevents
persons who engage in criminal conduct at a park or public facility from entering or
remaining in that particular park or public facility will help preserve the peace, health,
and safety of the parks and its patrons; NOW THEREFORE,
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1
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Section 9.02.24 of the Kent City Code is hereby amended
to read as follows:
Sec. 9.02.24. Crimes of physical harm and unlawful detention. The following
sections of Chapters 9.02, 9.91, 9A.36, 9A.40, an49A.42, and 13.32A 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 9.02.050
Concealing birth.
B.
RCW 9.91.060
Leaving children unattended in a parked automobile.
C.
RCW 9A.36.050
Reckless endangerment_ ' .
D.
RCW 9A.36.070
Coercion.
E.
RCW 9A.40.070
Custodial interference in the second degree.
F.
RCW 9A.40.080
Custodial interference - Assessment of costs -
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.
I. RCW 13.32A.080 Unlawful harboring of a minor - Penalty
Prosecution of adult for involving child in
commission of offense.
SECTION 2: Section 9.02.40 of the Kent City Code is hereby amended to
read as follows:
Sec. 9.02.40. Crimes of disturbing the peace. The following sections of Chapters
9.91, aa4 9A.84, and 28A.635 of the Revised Code of Washington (RCW), with the
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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.
D.
RCW 28A.635.020
WillUldisobeying school administrative personnel
or refusing to leave public property, violations,
when - Penalty.
E.
RCW 28A.635.090
Interference by force or violence — Penalty.
F.
RCW 28A.635.100
Intimidating_any administrator, teacher, classified
employee, or student by threat of force or violence
unlawful.
G.
RCW 28A.635.110
Violations under RCW 28A.635.090 and
28A.635.100 — Disciplinary authority exception.
H.
RCW 28A.635.120
Violations under RCW 28A.635.090 and
28A.635.100 - Penalty.
SECTION 3: Section 9.02.50 of the Kent City Code is hereby amended to
read as follows:
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 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 9.91.140
B.
RCW 9A.56.010
C.
RCW 9A.56.020
D. RCW 9A.56.050
Food stamps.
Definitions.
Theft - Definition, defense.
Theft in the third degree.
M
Criminal Code
E.
RCW 9A.56.060
Unlawful issuance of checks or drafts.
F.
RCW 9A.56.096
Theft of rental, leased, or lease -purchased property.
G.P.
RCW 9A.56.140
Possessing stolen property - Definition - Access
devices, presumption.
HG.
RCW 9A.56.170
Possessing stolen property in the third degree.
IH.
RCW 9A.56.180
Obscuring the identity of a machine.
J1.
RCW 9A.56.220
Theft of subscription television services.
SECTION 4: A new section 9.02.56 is added to chapter 9.02 of the Kent
City Code, amending the Criminal code to read as follows:
Sec. 9.02.56. Public facility — Criminal activity — Prohibition of entry.
A. Whenever a Police Officer or a Judge, Commissioner or Judge Pro Tempore of the
Kent Municipal Court has probable cause to believe that a person has committed
any act set forth in subsection C of this section on any public facility as described
in subsection D of this section, that person may be given a written order prohibiting
that person from entering the public facility where the act was committed. When
issued by a police officer, the order shall be effective for a period of up to forty-five
(45) days or the date in which the violator is arraigned on the criminal matter which
resulted in the issuance of the order, whichever comes first, unless extended by a
judge, commissioner, or judge pro tempore. When issued or extended by a Judge,
Commissioner, or Judge Pro Tempore, the order shall be effective during the
pendency of the criminal action arising out of the act which resulted in the issuance
of the order unless withdrawn sooner by a Judge, Commissioner, or Judge Pro
Tempore. If the person is convicted in any criminal action arising out of the act
which resulted in the issuance of the order, the Judge, Commissioner, or Judge Pro
Tempore may issue or extend the order for such a period of time not to exceed the
time that the court retains jurisdiction over the matter.
B. Whenever a Police Officer has probable cause to believe that a person has been
notified in writing under this section that the person is prohibited from entering a
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public facility described in subsection D, and the person is on the public facility for
which prohibition of entry has been ordered, such officer may arrest the person for
violating the prohibition on entry.
C. An act which may result in the issuance of a written order prohibiting a person
from entering a public facility may consist of any of the following when
committed on the public facility:
1. Any act which qualifies as a felony crime;
2. Any act which qualifies as a gross misdemeanor or misdemeanor crime,
excluding all traffic offenses except for violations of RCW 46.61.500,
RCW 46.61.502, RCW 46.61.503, RCW 46.61.504, RCW 46.61.525; or
3. Any act which involves entering an area designated in subsection D after
the area was closed to the public.
D. For the purpose of this section, a public facility consists of the buildings, structures,
and equipment, and the adjoining grounds and appurtenances of any of the
following:
1. Any park maintained by the City of Kent, the County of King, or the State
of Washington.
2. Any recreational area maintained by the City of Kent, the County of King,
or the State of Washington, including but not limited to any skateboard
park, the property known as Kent Commons, and the property known as the
Kent Senior Center.
3. The bodies of water known as Lake Meridian and Lake Fenwick and
associated boat ramps and areas of ingress and egress.
4. Any public school maintained by the City of Kent, the County of King, or
the State of Washington.
5. Any public library maintained by the City of Kent, the County of King, or
the State of Washington.
E. A person who is issued an order pursuant to this section shall have the opportunity
to challenge the issuance of the order. When a person challenges the validity of the
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order, the City must establish that probable cause exists to believe that the person
committed any act set forth in subsection C. Proof of probable cause shall be
established based solely upon the sworn declaration incorporated by reference in
a police officer's report that substantially conforms to the requirements of
9A.72.085 without further evidentiary foundation. The sworn declaration may be
supplemented by the testimony of witnesses. The person against whom the order
was issued shall have the opportunity to present evidence and testimony when
challenging the order.
F. Nothing in this section shall be construed to prohibit or penalize activity consisting
of the lawful exercise of freedom of speech, the right to lawfully and peaceably
assemble, the right to travel, the right to petition the government for redress of
grievances, or the response to an emergency.
G. A person who violates this section shall be guilty of a misdemeanor.
SECTION 5: Section 9.02.58 of the Kent City Code is hereby amended to
read as follows:
Sec. 9.02.58. Frauds, swindles and deception. The following sections
Chapters 9.04, 9.18, 9.26A, 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 9.18.130
Collusion to prevent competitive bidding.
E.
RCW 9.18.140
Penalty.
F.
RCW 9.18.150
Agreements outside state.
G.
RCW 9.26A.090
Telephone company credit cards - Prohibited acts.
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6
H.
RCW 9.26A.100
Definitions.
I.
RCW 9.26A.110
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 9.3 8.010
False representation concerning credit.
M.
RCW 9.38.015
False statement by deposit account applicant.
N.
RCW 9.38.020
False representation concerning title.
O.
RCW 9.45.060
Encumbered, leased, or rented personal property -
Construction.
P_
n r«I -0.4 c
PQ.
RCW 9.45.070
Requisites
Mock auctions.
QR.
RCW 9.45.080
Fraudulent removal of property.
R9.
RCW 9.45.090
Knowingly receiving fraudulent conveyance.
ST.
RCW 9.45. 100
Fraud in assignment for benefit of creditors.
Tip.
RCW 9.46.196
Cheating.
UIV.
RCW 9A.60.040
Criminal impersonation.
VW.
RCW 9A.60.050
False certification.
WX.
RCW 9A.61.010
Definitions.
Xy,.
RCW 9A.61.020
Defrauding a public utility.
YA.
RCW 9A.61.050
Defrauding a public utility in the third degree.
SECTION 6. A new Section 9.02.70 is added to Chapter 9.02 of the Kent
City Criminal Code to read as follows:
Sec. 9.02.70. Tobacco - Access to minors. The following sections of Chapters
7.80, 26.28, and 70.155 of the Revised Code of Washington (RCW) are hereby adopted by
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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 7.80.120 Monetary penalties - Restitution.
B. RCW 26.28.080 Selling or giving tobacco to minor - Belief of
representative capacity, no defense - Penalty.
C. RCW 70.155.080 Purchasing or obtaining tobacco by persons under the
age of eighteen - Civil infraction.
SECTION 7. Section 9.02.80 of the Kent City Code is hereby amended to
read as follows:
Sec. 9.02.80. Alcohol, drugs, and toxic fumes. The following sections of Chapters
9.47A, 26 2 R, 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 given the same force and effect as if set forth
herein in full.
A. RCW 9.47A.010
B. RCW 9.47A.020
C.
RCW 9.47A.030
D.
RCW 9.47A.040
E.
RCW 9.47A.050
F. C=T - RCW 66.04.010
G.9-. RCW 66.28.200
H.I-. RCW 66.28.210
1.� RCW 66.28.230
J. K-. RCW 66.44. 100
Definition.
Unlawful inhalation - Exception.
Possession of certain substances prohibited, when.
Sale of certain substances prohibited, when.
Penalty.
ivpivseH4a4i3,,@ li3E�6ic" ,�� ,� Acis•
Definitions.
Keg registration - Requirements of seller.
Keg registration - Requirements of purchaser.
Keg registration - Penalties.
Opening or consuming liquor in a public place -
Penalty.
8
Criminal Code
K. -b-. RCW 66.44.150
Buying liquor illegally.
L.#-. RCW 66.44.180
General penalties - Jurisdiction for violations.
M.N-. RCW 66.44.200
Sales to persons apparently under the influence of
liquor.
N.9- RCW 66.44.240
Drinking in public conveyance - Penalty against
Y.Z- RCW 69.50.102
carrier - Exception.
O.P4. RCW 66.44.250
Drinking in public conveyance - Penalty against
individual - Restricted application.
P.Q-. RCW 66.44.270
Furnishing liquor to minors - Possession, use -
Exhibition of effects - Exceptions.
Q.R-. RCW 66.44.290
Minor purchasing or attempting to purchase liquor.
R.N-. RCW 66.44.291
Minor purchasing or attempting to purchase liquor
- Penalty against persons between ages of eighteen
and twenty, inclusive.
S. -T-. RCW 66.44.300 Treats, gifts, purchases of liquor for or from minor,
or holding out minor as at least twenty-one, in
public place where liquor sold.
T.iJ-. RCW 66.44.310 Minors frequenting off-limits area - Misrepresentation
of age - Penalty - Classification of licensees.
UX-. RCW 6644.320 Sale of liquor to minors a violation.
V.W-. RCW 66.44.325 Unlawful transfer to a minor of an identification of
age.
W.X- RCW 66.44.328
Preparation or acquisition and supply to persons under
age twenty-one of facsimile of official identification
card - Penalty.
X. -Y- RCW 69.50.101
Definitions.
Y.Z- RCW 69.50.102
Drug paraphernalia - Definitions.
Z.A-4 RCW 69.50.401
Prohibited acts: A -penalties (possession of
marijuana).
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9
AA.B43..RCW 69.50.408 Second or subsequent offenses.
BB.FG RCW 69.50.412 Prohibit acts: E -penalties (paraphernalia).
CC.PB-RCW 69.50.425 Misdemeanor violations - Minimum imprisonment.
SECTION 8: Section 9.02. 100 of the Kent City Code is hereby amended
to read as follows:
See. 9.02.100. 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
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 9.41.010
Terms defined.
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 discharging firearms, dangerous weapons.
F.
RCW 9.41.240
Possession of pistol by person from eighteen to
twenty-one.
G.
RCW 9.41.250
Dangerous weapons - Penalty.
H.
RCW 9.41.260
Dangerous exhibitions.
I.
RCW 9.41.270
Weapons apparently capable of producing bodily
harm - Unlawfully carrying 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 9.41.8 10
Penalty.
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10
Mj,-
RCW 9.91.160
N.M-.
RCW 70.74.010
O.N-.
RCW 70.74.295
P.O-
RCW 70.74.300
Qg
RCW 70.74.3 10
Personal protection spray devices.
Definitions.
Abandonment of explosives.
Explosive containers to be marked - Penalty.
Gas bombs, explosives, stink bombs, etc.
SECTION 9: - 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 10: - Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its passage, approval and publication as provided
by law.
ATTEST:
BRENDA JAC04EIY CITY CLERK
I APPROVED AS TO FORM:
A. LUBOVICH, CITY A
PASSED: day of
APPROVED: day of
PUBLISHED: /v day of
11
1998.
1998.
1998.
Criminal Code
I hereby certify that this is a true copy of Ordinance No. .3'10 , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
P \LAW\0RDINANC\98Chap9 doc
Lin (SEAL)
BRENDA JA B R, CITY CLERK
Criminal Code
12
13.32A.080. Unlawful harboring of a minor—Penalty—Defense—
Prosecution of adult for involving child in commis-
sion of offense
(1)(a) A person commits the crime of unlawful harboring of a minor if the
person provides shelter to a minor without the consent of a parent of the
minor and after the person knows that the minor is away from the home of the
parent, without the parent's permission, and if the person intentionally:
(i) Fails to release the minor to a law enforcement officer after being'
requested to do so by the officer; or
(ii) Fails to disclose the location of the minor to a law enforcement officer
after being requested to do so by the officer, if the person knows the location
of the minor and had either taken the minor to that location or had assisted
the minor in reaching that location; or
(iii) Obstructs a law enforcement officer from taking the minor into custody;
or -
(iv) Assists the minor in avoiding or attempting to avoid the custody of the
law enforcement officer.
(b) It is a defense to a prosecution under this section that the defendant had
custody of the minor pursuant to a court order.
(2) Harboring a minor is punishable as a gross misdemeanor.
(3) Any person who provides shelter to a child; absent from home, may
notify the department's local community service office of the child's presence.
(4) An adult responsible for involving a child in the commission of an offense j
may be prosecuted under existing criminal statutes including, but not limited
to:
(a) Distribution of a controlled substance to a minor, as defined in RCW
69.50.406;
(b) Promoting prostitution as defined in chapter 9A.88 RCW; and
(c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.
Amended by Laws 1994, 1st Sp.Sess., ch. 7, § 507.
28A.635.020 Willfully disobeying school administra-
tive personnel or refusing to leave public property,
violations, when—Penalty.
(1) It shall be unlawful for any person to willfully disobey the order of the chief
administrative officer of a public school district, or of an authorized designee of any such
administrator, to leave any motor vehicle, building, grounds or other property which is owned,
operated or controlled by the school district if the person so ordered is under the influence of
alcohol or drugs, or is committing, threatens to imminently commit or incites another to
imminently commit any act which would disturb or interfere with or obstruct any lawful task,
function, process or procedure of the school district or any lawful task, function, process or
procedure of any student, official, employee or invitee of the school district. The order of a
school officer or designee acting pursuant to this subsection shall be valid if the officer, or
designee reasonably believes a person ordered to leave is under the influence of alcohol or
drugs, is committing acts, or is creating a disturbance as provided in this subsection.
(2) It shall be unlawful for any person to refuse to leave public property immediately
adjacent to a building, grounds or property which is owned, operated or controlled by a school
district when ordered to do so by a law enforcement officer if such person is engaging in
conduct which creates a substantial risk of causing injury to any person, or substantial harm
to property, or such conduct amounts to disorderly conduct under RCW 9A.84.030.
(3) Nothing in this section shall be construed to prohibit or penalize activity consisting of
the lawful exercise of freedom of speech, freedom of press and the right to peaceably
assemble and petition the government for a redress of grievances: PROVIDED, That such
activity neither does or threatens imminently to materially disturb or interfere .with or
obstruct any lawful task, function, process or procedure of the school district, or any lawful
task, function, process or procedure of any student, official, employee or invitee of the school
district: PROVIDED FURTHER, That such activity -is not conducted in violation of a
prohibition or limitation lawfully imposed by the school district upon entry or use of any
motor vehicle, building, grounds or other property which is owned, operated or controlled by
the school district.
(4) Any person guilty of violating this section shall be deemed guilty of a gross misdemean-
or and Upon dots,.,. «wamf „ shall be fined t MGr than f hundred a „
, p4s mea c„ W1 f r 41-i ; h months t, dw a s And a punishable as
Provided in chapter 9A.20 RCW.
Additions are indicated by undedlne; deletions by stdkeout
28A.635.090 Interference by force or violence—
Penalty. It shall be unlawful for any person, singly or in
concert with others, to interfere by force or violence with
any administrator, teacher, classified employee, person under
contract with the school or school district, or student of any
common school who is in the peaceful discharge or conduct
of his or her duties or studies. Any such interference by
force or violence committed by a student shall be grounds
for immediate suspension or expulsion of the student. [1996
c 321 § 3; 1990 c 33 § 540; 1988 c 2 § 1; 1971 c 45 § 3.
Formerly RCW 28A.87.230.1
28A.635.100 Intimidating any administrator,
teacher, classified employee, or student by threat of force
or violence unlawful. It shall be unlawful for any person,
singly or in concert with others, to intimidate by threat of
force or violence any administrator, teacher, classified
employee, or student of any common school who is in the
peaceful discharge or conduct of his or her duties or studies.
[1990 c 33 § 541; 1988 c 2 § 2; 1971 c 45 § 4. Formerly
RCW 28A.87.231.1
28A.635.110 Violations under RCW 28A.635.090
and 28A.635.100—Disciplinary authority exception. The
crimes defined in RCW 28A.635.090 and 28A.635.100 shall
not apply to school administrators, teachers, or classified
employees who are engaged in the reasonable exercise of
their disciplinary authority. [1990 c 33 § 542; 1988 c 2 § 3;
1971 c 45 § 5. Formerly RCW 28A.87.232.]
28A.635.120 Violations under RCW 28A.635.090
and 28A.635.100—Penalty. Any person guilty of violating
RCW 28A.635.090 and 28A.635.100 shall be deemed guilty
of a gross misdemeanor and, upon conviction thereon, shall
be fined not more than five hundred dollars, or imprisoned
in jail not more than six months or both such fine and
imprisonment. [1990 c33 § 543; 1971 c 45 § 6. Formerly
RCW 28A.87.233.1
Severability -1971 c 45: See note following RCW 286.10.570.
RCW 9A.56.096 Theft of rental, leased, or lease -
purchased property.
(1) A person who, with intent to deprive the
owner or owner's agent, wrongfully obtains, or
exerts unauthorized control over, or by color or aid
of deception gains control of personal property that
is rented or leased to the person, is guilty of theft
of rental, leased, or lease -purchased property.
(2) The finder of fact may presume intent to
deprive if the finder of fact finds either of the
following:
(a) That the person who rented or leased the
property failed to return or make arrangements ac-
ceptable to the owner of the property or the
owner's agent to return the property to the owner
or the owner's agent within seventy-two hours
after receipt of proper notice following the due
date of the rental, lease, or !cast -purchase agree-
ment; or
(b) That the renter or lessee presented identi-
fication to the owner or the owner's agent that was
materially false, fictitious, or not current with
respect to name, address, place of employment, or
other appropriate items.
(3) As used in subsection (2) of this section,
"proper notice" consists of a written demand by
the owner or the owner's agent made after the due
date of the rental, lease, or lease -purchase period,
mailed by certified or registered mail to the renter
or lessee at: (a) The address the renter or lessee
gave when the contract was made; or (b) the renter
or lessee's last known address if later furnished in
writing by the renter, lessee, or the agent of the
renter or lessee.
(4) The replacement value of the property ob-
tained must be utilized in determining the amount
involved in the theft of rental, leased, or lease -
purchased property. Theft of rental, leased, or
lease -purchased property is a: Class B felony if
the rental, leased, or lease -purchased property is
valued at one thousand five hundred dollars or
more; class C felony if the rental, leased, or lease -
purchased property is valued at two hundred fifty
dollars or more but less than one thousand five
hundred dollars; and gross misdemeanor if the
rental, leased, or lease -purchased property is val-
ued at less than two hundred fifty dollars.
(5) This section applies to rental agreements
that provide that the renter may return the property
any time within the rental period and pay only for
the time the renter actually retained the property,
in addition to any minimum rental fee, to lease
agreements, and to lease -purchase agreements as
defined under RCW 63.19.010. This section does
not apply to rental or leasing of real property un-
der the residential landlord -tenant act, chapter
59.18 RCW.
(1997 c 346 § 1.)
7.80.120. Monetary penalties—Restitution
(1) A person found to have committed a civil infraction shall be assessed a
monetary penalty.
(a) The maximum penalty and the default amount for a class 1 civil
infraction shall be two hundred fifty dollars, not including statutory assess-
ments, except for an infraction of state law involving tobacco products as
specified in RCW 70.93.060(4), in which case the maximum penalty and default
amount is five hundred dollars;
(b) The maximum penalty and the default amount for a class 2 civil
infraction shall be one hundred twenty-five dollars, not including statutory
assessments;
(c) The maximum penalty and the default amount for a class 3 civil
infraction shall be fifty dollars, not including statutory assessments; and
(d) The maximum penalty and the default amount for a class 4 civil
infraction shall be twenty-five dollars, not including statutory assessments.
(2) The supreme court shall prescribe by rule the conditions under which
local courts may exercise discretion in assessing fines for civil infractions.
(3) Whenever.a monetary penalty is imposed by a court under this chapter
it is immediately payable. If the person is unable to pay at that time the court
may grant an extension of the period in which the penalty may be paid. If the
penalty is not paid on or before the time established for payment, the court
may proceed to collect the penalty in, the same manner as other civil
judgments and may notify the prosecuting authority of the failure to pay.
(4) The court may also order a person found to have committed a civil
infraction to make restitution.
Amended by Laws 1997, ch. 159, § 2.
26.28.080 Selling or giving tobacco to minor—Belief
of representative capacity, no defense—penalty. Every
person who sells or gives, or permits to be sold or given to
any person under the age of eighteen years any cigar, ciga-
rette, cigarette paper or wrapper, or tobacco in any form is,
guilty of a gross misdemeanor.
It shall be no defense to a prosecution for a violation of
this section that the person acted, or was believed by the
defendant to act, as agent or representative of another.
[1994 sp.s. c 7 § 437. Prior: 1987 c 250 § 2; 1987 c 204
§1; 1971 ex.s. c 292 § 37; 1919 c 17 § 1; 1911 c 133 § 1;
1909 ex.s. c 27 § 1; 1909 c 249 § 193; 1901 c 122 § 1;
1895 c 126 §§ 1, 3 and 4; RRS § 2445. Formerly RCW
26.08.080, 26.08.090, and 26.08.100.]
70.155.080. Purchasing or obtaining tobacco by persons under the
age of eighteen—Civil infraction
(1) A person under the age of eighteen who purchases or attempts to purchase, possesses,
or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil
infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or
participation in up to four hours of community service, or both. The court may also require
participation in a smoking cessation programr r4*t4. This provision does not apply if a
person under the age of eighteen, with parental authorization, is participating in a controlled
purchase as part of a liquor control board, law enforcement, or local health department
activity.
(2) Municipal and district courts within the state have jurisdiction for enforcement of this
section.
Additions are indicated by undedine; deletions by
RCW 9.41.810 Penalty.
Any violation of any provision of this chap.
ter, except as otherwise provided, shall be a
misdemeanor and punishable accordingly.
[ 1984 c 258 § 312; 1983 c 232 § 11; 1983 c 3 § 7;
1961 c 124 § 12; 1935 c 172 § 16; RRS §
2516-16. Formerly RCW 9.41.160.1