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HomeMy WebLinkAbout3621Ordinance No. 3621 (Amending or Repealing Ordinances) CFN=122 Police/Fire Departments Passed 10/1/02 Kent Criminal Code Repealing Ch. 9.02 and enacting a new Chapter 9.02 Criminal Code Repealing Ch. 9.02 of Ords. 3350;3366;3407;3408;3419; 3454;3455;3567;3568;3603 Amended by Ord. 3692 Amended by Ord. 3715 (Sec. 9.02.300) Amended by Ord. 3737 (Sec. 9.02.390) Repealed by Ord. 3877 (Sec. 9.02.060) Repealed by Ord. 3878 (Sec. 9.02.260) Amended by Ord. 3878 (Sec. 9.02.070) Amended by Ord. 3888 (Sec. 9.02.060) Amended by Ord. 3910 (Secs. 9.02.210;9.02.230) Amended by Ord. 3920 (Sec. 9.02.310) Amended by Ord. 3954 (Secs. 9.02.060;9.02.100;9.02.160) Repealed and Replaced by Ord. 3955 (Sec. 9.02.230) Amended by Ord. 4068 (Sec. 9.02.150) The date [`Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other deletions or changes have been made to the document — 6/21/2012 ORDINANCE NO. 56 -� AN ORDINANCE of the City Council of the City of Kent, Washington, repealing ch. 9.02 of the Kent City Code and enacting a new chapter, ch. 9.02, entitled "Criminal Code." I WHEREAS, state law requires municipalities to enforce all misdemeanor and gross misdemeanor violations of criminal law that occur within the limits of the municipality; and WHEREAS, the City has enacted many local criminal code sections that are identical, or nearly identical, to existing state criminal law statutes; and WHEREAS, section 35A.12.140 of the Revised Code of Washington ("RCW") permits the City to adopt by reference sections of the RCW; and WHEREAS, other than the locally enacted criminal code provisions, the City has adopted numerous RCW sections; however, many other state statutes relating to criminal conduct are not adopted in the current criminal code and are, therefore, unenforceable; and WHEREAS, replacing the current criminal code with a simplified criminal code that incorporates RCW criminal code sections by reference rather than 1 Kent Criminal Code - 2002 restating them as local code sections would benefit police officers, prosecutors, and court staff; and WHEREAS, this ordinance will protect the health, safety, and welfare of the citizens of Kent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. — Repeal. Chapter 9.02 of the Kent City Code, entitled "Criminal Code," is hereby repealed in its entirety. SECTION 2. — Adoption. A new chapter, chapter 9.02, entitled "Criminal Code," is hereby adopted to read as follows: CHAPTER 9.02. CRIMINAL CODE i Sec. 9.02.010. Preliminary article. A. Chapter 9.02 shall be known and may be cited as the "Kent Criminal Code." B. As used in this chapter, "RCW" shall mean the Revised Code of Washington. C. If any section, subsection, sentence, or provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the section, subsection, sentence, or provision to other persons or circumstances is not affected, and to this end, the sections, subsections, sentences and provisions of this chapter are declared to be severable. D. By adopting state statutes, the City intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word "state" shall appear in any statute adopted by reference in this title, the word "City" shall be substituted therefore; PROVIDED, however, the term "City" shall not be substituted for the term 2 Kent Criminal Code - 2002 "state" in those circumstances that set forth administrative or licensing duties of the state and its subdivisions. E. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter. F. Any section of this chapter that is repealed or amended by ordinance shall remain in full force and effect until the effective date of the ordinance repealing or amending the section. Any state statute that is adopted by reference which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted in this chapter shall be given its full force and effect upon the effective date of its amendment or recodification. G. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this chapter, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number. Sec. 9.02.020. Adoption of sections of Revised Code of Washington not specifically set forth in sections 9.02.030 through 9.02.170 of the Kent City Code. A. With the exception of the RCW sections set forth in subsection (C) of this section, and notwithstanding the RCW sections that are specifically adopted by reference in sections 9.02.030 through 9.02.170 of the Kent City Code, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted or as hereafter amended or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. B. All class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes 3 Kent Criminal Code - 2002 set forth in chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the provisions of subsection (A) of this section and Kent City Code section 9.02.010. C. The following RCW sections are not adopted by the City of Kent: RCW 9A.76.020 Obstructing a law enforcement officer. RCW 9A.76.130 Escape in the third degree. RCW 9A.84.030 Disorderly conduct. Sec. 9.02.030. Ch. 2.48 RCW, entitled "State Bar Act" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 2.48.180 Definitions — Unlawful practice a crime — Cause for discipline — Unprofessional conduct — Defense — Injunction — Remedies — Costs — Attorneys' fees — Time limit for action. Sec. 9.02.040. Ch. 7.21 RCW, entitled "Contempt of Court" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 7.21.010 Definitions. RCW 7.21.020 Sanctions - Who may impose. RCW 7.21.030 Remedial sanctions - Payment for losses. RCW 7.21.040 Punitive sanctions - Fines. RCW 7.21.050 Sanctions - Summary imposition - Procedure. RCW 7.21.070 Appellate Review. Sec. 9.02.050. Ch. 7.80 RCW, entitled "Civil Infractions" - Adoption by reference. The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 7.80.120 Monetary penalties — Restitution. 4 Kent Criminal Code - 2002 Sec. 9.02.060. Title 9 RCW, entitled "Crimes and Punishments" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 9.01.055 Citizen immunity if aiding officer, scope - When. RCW 9.01.110 Omission, when not punishable. RCW 9.01.130 Sending letter, when complete. RCW 9.02.050 Concealing birth. RCW 9.03.010 Abandoning, discarding refrigeration equipment. RCW 9.03.020 Permitting unused equipment to remain on premises. RCW 9.03.040 Keeping or storing equipment for sale. RCW 9.04.010 False advertising. RCW 9.04.090 Advertising fuel prices by service stations. RCW 9.08.030 False certificate of registration of animals — False representation as to breed. RCW 9.08.065 Definitions. RCW 9.08.070 Pet animals — Taking, concealing, injuring, killing, etc. — Penalty. 9.12.010 Barratry. 9.12.020 Buying, demanding, or promising reward by district judge or deputy. CW 9.16.005 Definitions. CW 9.16.010 Removing lawful brands. CW 9.16.020 Imitating lawful brand. CW 9.16.030 Counterfeit mark — Intellectual property. CW 9.16.035 Counterfeiting - Penalties. CW 9.16.041 Counterfeit items - Seizure and forfeiture. CW 9.16.050 When deemed affixed. CW 9.16.060 Fraudulent registration of trademark. CW 9.16.070 Form and similitude defined. CW 9.16.080 Petroleum products improperly labeled or graded. CW 9.16.090 Petroleum products - Penalty. CW 9.16. 100 Use of the words "sterling silver," etc. CW 9.16.110 Use of words "coin silver," etc. CW 9.16.120 Use of the word "sterling" on mounting. CW 9.16.130 Use of the words "coin silver" on mounting. 5 Kent Criminal Code - 2002 RCW 9.16.140 Unlawfully marking article made of gold. RCW 9.16.150 "Marked, stamped or branded" defined. RCW 9.18.080 Offender a competent witness. RCW 9.18.120 Suppression of competitive bidding. RCW 9.18.130 Collusion to prevent competitive bidding. RCW 9.18.140 Penalty. RCW 9.18.150 Agreements outside state. RCW 9.24.010 Fraud in stock subscription. RCW 9.24.040 Corporation doing business without license. RCW 9.26A.090 Telephone company credit cards — Prohibited acts. RCW 9.26A.100 Definitions. RCW 9.26A.110 Fraud in obtaining telecommunications service — Penalty. RCW 9.26A.120 Fraud in operating coin -box telephone or other receptacle. RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. RCW 9.27.015 Interference, obstruction of any court, building, or residence — Violations. RCW 9.35.030 Soliciting undesired mail. RCW 9.38.010 False representation concerning credit. RCW 9.38.015 False statement by deposit account applicant. RCW 9.38.020 False representation concerning title. RCW 9.40.040 Operating engine or boiler without spark arrester. RCW 9.40. 100 Tampering with fire alarm or fire fighting equipment — False alarm — Penalties. RCW 9.41.010 Terms defined. RCW 9.41.040 Unlawful possession of firearms - Ownership, possession by certain persons. RCW 9.41.050 Carrying firearms. RCW 9.41.060 Exceptions to restrictions on carrying firearms. RCW 9.41.090 Dealer deliveries regulated — Hold on delivery. RCW 9.41.100 Dealer licensing and registration required. RCW 9.4 1.110 Dealer's licenses, by whom granted, conditions, fees - Employees, fingerprinting and background checks - Wholesale sales excepted — Permits prohibited. RCW 9.41.140 Alteration of identifying marks — Exceptions. RCW 9.41.220 Unlawful firearms and parts contraband. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons. RCW 9.41.240 Possession of pistol by person from eighteen to twenty-one. 6 Kent Criminal Cade - 2002 RCW 9.41.250 Dangerous weapons — Penalty. RCW 9.41.260 Dangerous exhibitions. RCW 9.41.270 Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions. RCW 9.41.280 Possessing dangerous weapons on school facilities — Penalty — Exceptions. RCW 9.41.300 Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty. RCW 9.41.800 Surrender of weapons or licenses - Prohibition on future possession or licensing. RCW 9.41.8 10 Penalty. RCW 9.44.080 Misconduct in signing a petition. RCW 9.45.060 Encumbered, leased, or rented personal property — Construction. RCW 9.45.070 Mock auctions. RCW 9.45.080 Fraudulent removal of property. RCW 9.45.090 Knowingly receiving fraudulent conveyance. RCW 9.45. 100 Fraud in assignment for benefit of creditors. RCW 9.46.196 Cheating. RCW 9.47A.010 Definition. RCW 9.47A.020 Unlawful inhalation — Exception. RCW 9.47A.030 Possession of certain substances prohibited, when. RCW 9.47A.040 Sale of certain substances prohibited, when. RCW 9.47A.050 Penalty. RCW 9.5 1.010 Misconduct of officer drawing jury. RCW 9.51.020 Soliciting jury duty. RCW 9.51.030 Misconduct of officer in charge of jury. RCW 9.61.230 Telephone harassment. RCW 9.61.240 Telephone harassment — Permitting telephone to be used. RCW 9.61.250 Telephone harassment — Offense, where deemed committed. 'RCW 9.62.010 Malicious prosecution. RCW 9.62.020 Instituting suit in name of another. RCW 9.66. 010 Public nuisance. RCW 9.66.020 Unequal damage. RCW 9.66.030 Maintaining or permitting nuisance. RCW 9.66.040 Abatement of nuisance. RCW 9.66.050 Deposit of unwholesome substance. 7 Kent Criminal Code - 2002 RCW 9.68.015 Obscene literature, shows, etc. - Exemptions. RCW 9.68.030 Indecent articles, etc. RCW 9.68.050 "Erotic material" - Definitions. RCW 9.68.060 "Erotic material" — Determination by court — Labeling - Penalties. RCW 9.68.070 Prosecution for violation of RCW 9.68.060 - Defense. RCW 9.68.080 Unlawful acts. RCW 9.68. 100 Exceptions to RCW 9.68.050 through 9.68.120. RCW 9.68.010 Motion picture operator or projectionist exempt, when. RCW 9.68.130 "Sexually explicit material" - Defined — Unlawful display. RCW 9.68A.011 Definitions. RCW 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct — Report required. RCW 9.68A.090 Communication with minor for immoral purposes. RCW 9.68A.110 Certain defenses barred, permitted. RCW 9.68A.120 Seizure and forfeiture of property. RCW 9.68A.140 Definitions. RCW 9.68A.150 Allowing minor on premises of live erotic performance. RCW 9.68A.160 Penalty. RCW 9.69. 100 Duty of witness of offense against child or any violent offense - Penalty. RCW 9.72.090 Committal of witness - Detention of documents. RCW 9.73.010 Divulging telegram. RCW 9.73.020 Opening sealed letter. RCW 9.73.030 Intercepting, recording or divulging private communication RCW 9.91.010 Denial of civil rights - Terms defined. RCW 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. RCW 9.91.025 Unlawful bus conduct. RCW 9.91.060 Leaving children unattended in a parked automobile. RCW 9.91.140 Food stamps. 8 Kent Criminal Code - 2002 Consent required — Exceptions. RCW 9.73.050 Admissibility of intercepted communication in evidence. RCW 9.73.070 Persons and activities excepted from chapter. RCW 9.73.080 Penalties. RCW 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through RCW 9.73.080 — Standards — Court authorizations - Admissibility. RCW 9.73. 100 Recordings available to defense counsel. RCW 9.73.110 Intercepting, recording, or disclosing private communications - Not unlawful for building owner — Conditions RCW 9.91.010 Denial of civil rights - Terms defined. RCW 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. RCW 9.91.025 Unlawful bus conduct. RCW 9.91.060 Leaving children unattended in a parked automobile. RCW 9.91.140 Food stamps. 8 Kent Criminal Code - 2002 RCW 9.91.160 Personal protection spray devices. RCW 9.91.170 Interfering with dog guide or service animal. Sec. 9.02.070. Title 9A RCW, entitled "Washington Criminal Code" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 9A.04.020 Purposes - Principles of construction. RCW 9A.04.030 State criminal jurisdiction. RCW 9A.04.050 People capable of committing crimes - Capability of children. RCW 9A.04.060 Common law to supplement statute. RCW 9A.04.070 Who amenable to criminal statutes. RCW 9A.04.080 Limitation of actions. RCW 9A.04.090 Application of general provisions of the code. RCW 9A.04.100 Proof beyond a reasonable doubt. RCW 9A.04.110 Definitions. RCW 9A.08.010 General requirements of culpability. RCW 9A.08.020 Liability for conduct of another - Complicity. RCW 9A.08.030 Corporate and personal liability. RCW 9A.12.010 RCW 9A.16.010 RCW 9A.16.020 RCW 9A.16.060 RCW 9A.16.070 RCW 9A.16.080 RCW 9A.16.090 RCW 9A.16.100 RCW 9A.28.020 RCW 9A.28.030 RCW 9A.28.040 Insanity. Definitions. Use of force - When lawful. Duress. Entrapment. Action for being detained on mercantile establishment premises for investigation - "Reasonable grounds" as defense. Intoxication Use of force on children — Policy - Actions presumed unreasonable. Criminal attempt. Criminal solicitation. Criminal conspiracy. RCW 9A.36.041 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment. RCW 9A.36.070 Coercion. RCW 9A.36.150 Interfering with the reporting of domestic violence. 9 Kent Criminal Code - 2002 RCW 9A.40.010 Definitions. RCW 9A.40.070 Custodial interference in the second degree. RCW 9A.40.080 Custodial interference — Assessment of costs — Defense — Consent defense, restricted. RCW 9A.42.010 Definitions. RCW 9A.42.035 Criminal mistreatment in the third degree. RCW 9A.42.040 Withdrawal of life support systems. RCW 9A.42.045 Palliative care. RCW 9A.42.050 Defense of financial inability. RCW 9A.42.080 Abandonment of a dependent person in the third degree. RCW 9A.42.090 Abandonment of a dependent person — Defense. RCW 9A.44.010 Definitions. RCW 9A.44.096 Sexual misconduct with a minor in the second degree. RCW 9A.46.010 Legislative finding. RCW 9A.46.020 Definition — Penalties. RCW 9A.46.030 Place where committed. RCW 9A.46.040 Court-ordered requirements upon person charged with crime — RCW 9A.48.100 Violation. RCW 9A.46.050 Arraignment — No contact order. RCW 9A.46.060 Crimes included in harassment. RCW 9A.46.070 Enforcement of orders restricting contact. RCW 9A.46.080 Order restricting contact — Violation. RCW 9A.46.090 Nonliability of peace officer. RCW 9A.46.100 "Convicted," time when. RCW 9A.46.110 Stalking. RCW 9A.48.010 Definitions. RCW 9A.48.050 Reckless burning in the second degree. RCW 9A.48.060 Reckless burning — Defense. RCW 9A.48.090 Malicious mischief in the third degree. RCW 9A.48.100 Malicious mischief — "Physical damage" defined. RCW 9A.48.110 Defacing a state monument. RCW 9A.49.001 Findings. RCW 9A.49.010 Definitions. RCW 9A.49.030 Unlawful discharge of a laser in the second degree. RCW 9A.49.040 Civil infraction, when. RCW 9A.49.050 Exclusions. RCW 9A.50.010 Definitions. RCW 9A.50.020 Interference with health care facility. RCW 9A.50.030 Penalty. 10 Kent Criminal Code - 2002 RCW 9A.52.010 Definitions. RCW 9A.52.050 Other crime in committing burglary punishable. RCW 9A.52.060 Making or having burglar tools. RCW 9A.52.070 Criminal trespass in the first degree. RCW 9A.52.080 Criminal trespass in the second degree. RCW 9A.52.090 Criminal trespass — Defenses. RCW 9A.52.100 Vehicle prowling in the second degree. RCW 9A.52.120 Computer trespass in the second degree. RCW 9A.52.130 Computer trespass — Commission of other crime. RCW 9A.56.010 Definitions. RCW 9A.56.020 Theft — Definition, defense. RCW 9A.56.050 Theft in the third degree. RCW 9A.56.060 Unlawful issuance of checks or drafts. RCW 9A.56.096 Theft of rental, leased, or lease -purchased property. RCW 9A.56.140 Possessing stolen property — Definition — Presumption. RCW 9A.56.170 Possessing property in the third degree. RCW 9A.56.180 Obscuring the identity of a machine. RCW 9A.56.220 Theft of subscription television services. RCW 9A.56.240 Forfeiture and disposal of device used to commit violation. RCW 9A.56.260 Connection of channel converter. RCW 9A.56.270 Shopping cart theft. RCW 9A.60.010 Definitions. RCW 9A.60.040 Criminal impersonation RCW 9A.60.050 False certification. RCW 9A.61.010 Definitions. RCW 9A.61.020 Defrauding a public utility. RCW 9A.61.050 Defrauding a public utility in the third degree. RCW 9A.61.060 Restitution and costs. RCW 9A.72.010 Definitions. RCW 9A.72.040 False swearing. RCW 9A.72.050 Perjury and false swearing — Inconsistent statements — Degree of crime. RCW 9A.72.060 Perjury and false swearing — Retraction. RCW 9A.72.070 Perjury and false swearing — Irregularities no defense. RCW 9A.72.080 Statement of what one does not know to be true. RCW 9A.72.085 Unsworn statements, certification. RCW 9A.72.140 Jury tampering. RCW 9A.72.150 Tampering with physical evidence. 11 Kent Criminal Code - 2002 RCW 9A.76.010 RCW 9A.76.030 RCW 9A.76.040 RCW 9A.76.050 RCW 9A.76.060 RCW 9A.76.070 RCW 9A.76.080 RCW 9A.76.090 RCW 9A.76.100 RCW 9A.76.160 RCW 9A.76.170 RCW 9A.76.175 RCW 9A.80.010 RCW 9A.84.010 RCW 9A.84.020 RCW 9A.84.040 RCW 9A.88.010 RCW 9A.88.030 RCW 9A.88.050 RCW 9A.88.090 RCW 9A.88.110 RCW 9A.88.120 RCW 9A.88.130 RCW 9A.88.140 Definitions. Refusing to summon aid for a peace officer. Resisting arrest. Rendering criminal assistance — Definition of term. Relative defined. Rendering criminal assistance in the first degree. Rendering criminal assistance in the second degree. Rendering criminal assistance in the third degree. Compounding. Introducing contraband in the third degree. Bail jumping. Making a false or misleading statement to a public servant. Official misconduct. Riot. Failure to disperse. False reporting. Indecent exposure. Prostitution. Prostitution — Sex of parties immaterial — No defense. Permitting prostitution. Patronizing a prostitute. Additional fee assessments. Additional requirements. Vehicle impoundment. Sec. 9.02.080. Title 10 RCW, entitled "Criminal Procedure" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the force and effect as if set forth herein in full. 10.14.120 Disobedience of order - Penalties. 10.14.170 Criminal penalty. CW 10.31.030 Service — How — Warrant not in possession, procedure — Bail. CW 10.31.040 Officer may break and enter. CW 10.31.050 Officer may use force. CW 10.31.060 Arrest by telegraph or teletype. CW 10.31.100 Arrest without warrant. 12 Kent Criminal Code - 2002 RCW 10.99.010 Purpose — Intent. RCW 10.99.020 Definitions. RCW 10.99.030 Law enforcement officers - Training, powers, duties - Domestic violence reports. RCW 10.99.040 Duties of court — No -contact order. RCW 10.99.045 Appearances by defendant - No -contact order. RCW 10.99.050 Victim contact - Restriction, prohibition - Violation, penalties - RCW 16.52.117 Written order — Procedures - Notice of change. RCW 10.99.055 Enforcement of orders. RCW 10.99.060 Prosecutor's notice to victim - Description of available RCW 16.52.195 procedures. RCW 10.99.070 Liability of peace officers. Sec. 9.02.090. Ch. 13.32A RCW, entitled "Family Reconciliation Act" - Adoption by reference. The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 13.32A.080 Unlawful harboring of a minor — Penalty — Defense — Prosecution of adult for involving child in commission of offense. Sec. 9.02.100. Ch. 16.52 RCW, entitled "Prevention of Cruelty to Animals" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 16.52.011 Definitions — Principles of liability. RCW 16.52.015 Enforcement — Law enforcement agencies and animal care and 13 Kent Criminal Code - 2002 control agencies. RCW 16.52.080 Transporting or confining in unsafe manner — Penalty. RCW 16.52.085 Removal of animals for feeding — Examination — Notice — Euthanasia. RCW 16.52.090 Docking horses — Misdemeanor. RCW 16.52.095 Cutting ears — Misdemeanor. RCW 16.52. 100 Confinement without food and water — Intervention by others. RCW 16.52.117 Animal fighting — Owners, trainers, spectators — Exceptions. RCW 16.52.165 Punishment - Conviction of misdemeanor. RCW 16.52.190 Poisoning animals. RCW 16.52.195 Poisoning animals — Penalty. 13 Kent Criminal Code - 2002 RCW 16.52.200 Sentences – Forfeiture of animals – Liability for cost - Civil penalty – Education, counseling. RCW 16.52.207 Animal cruelty in the second degree. RCW 16.52.210 Destruction of animal by law enforcement officer – Immunity from liability. RCW 16.52.300 Dogs or cats used as bait – Seizure – Limitation. Sec. 9.02.110. Ch. 19.48 RCW, entitled "Hotels, Lodging Houses, etc.— Restaurants" - Adoption by reference. The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud - Penalty. Sec. 9.02.120. Title 26 RCW, entitled "Domestic Relations" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended i or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 26.09.300 Restraining orders – Notice - Refusal to comply – Arrest – Penalty – Defense - Peace officers, immunity. RCW 26.10.220 Restraining orders – Notice - Refusal to comply – Arrest – Penalty – Defense - Peace officers, immunity. RCW 26.26.138 Restraining order - Knowing violation – Penalty - Law I enforcement immunity. RCW 26.28.080 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty. RCW 26.28.085 Applying tattoo to a minor - Penalty. RCW 26.44.020 Definitions. RCW 26.44.030 Reports - Duty and authority to make - Duty of receiving agency - Duty to notify - Case planning and consultation - Penalty for unauthorized exchange of information - Filing dependency petitions - Interviews of children - Records - Risk assessment process -Reports to legislature. RCW 26.44.040 Reports - Oral, written - Contents. 14 Kent Criminal Code - 2002 RCW 26.44.060 Immunity from civil or criminal liability - Confidential communications not violated - Actions against state not affected - False report, penalty. RCW 26.44.063 Temporary restraining order or preliminary injunction — Enforcement - Notice of modification or termination of restraining order. RCW 26.44.067 Temporary restraining order or preliminary injunction — Contents — Notice — Noncompliance — Defense - Penalty. RCW 26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child - Penalty for violating court order. RCW 26.44.080 Violation — penalty. RCW 26.50.110 Violation of order - Penalties. RCW 26.50.140 Peace officers — Immunity. RCW 26.52.020 Foreign protection orders - Validity. RCW 26.52.050 Peace officer immunity. RCW 26.52.070 Violation of foreign orders - Penalties. Sec. 9.02.130. Ch. 28A.635 RCW, entitled "Offenses Relating to School Property and Personnel" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 28A.635.020 Willfully disobeying school administrative personnel or refusing 15 Kent Criminal Code - 2002 to leave public property, violations, when — Penalty. RCW 28A.635.040 Examination questions — Disclosing — Penalty. RCW 28A.635.050 Certain corrupt practices of school officials - Penalty. RCW 28A.635.090 Interference by force or violence — Penalty. RCW 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful. RCW 28A.635.110 Violations under RCW 28A.635.090 and RCW 28A.635.100 — Disciplinary authority exception. RCW 28A.635.120 Violations under RCW 28A.635.090 and RCW 28A.635.100 — Penalty. 15 Kent Criminal Code - 2002 Sec. 9.02.140. Title 66 RCW, entitled "Alcoholic Beverage Control" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. I RCW 66.04. 010 Definitions. I RCW 66.12. 010 Wine or beer manufactured for home use. RCW 66.28.200 Keg registration - Special endorsement for grocery store licensee - Requirements of seller. RCW 66.28.210 Keg registration - Requirements of purchaser. RCW 66.28.220 Keg registration - Identification of containers - Rules - Fees - Sale in violation of rules unlawful. RCW 66.28.230 Keg registration — Furnishing to minors - Penalties. RCW 66.28.250 Keg registration — Violation constitutes gross misdemeanor. RCW 66.44. 010 Local officers to enforce law - Authority of board - Liquor enforcement officers. RCW 66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc. RCW 66.44.060 Proof of unlawful sale establishes prima facie intent. j RCW 66.44.070 Certified analysis is prima facie evidence of alcoholic content. RCW 66.44.080 Service of process on corporation. RCW 66.44.090 Acting without license. RCW 66.44. 100 Opening or consuming liquor in a public place — Penalty. RCW 66.44.120 Unlawful use of seal. RCW 66.44.130 Sales of liquor by drink or bottle. RCW 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation, possession of still or mash. RCW 66.44.150 Buying liquor illegally. RCW 66.44.160 Illegal possession, transportation of alcoholic beverages. RCW 66.44.170 Illegal possession of liquor with intent to sell - Prima facie evidence, what is. RCW 66.44.175 Violations of law. RCW 66.44.180 General penalties — Jurisdiction for violations. RCW 66.44.200 Sales to persons apparently under the influence of liquor - Purchases or consumption by persons apparently under the influence of liquor on licensed premises - Penalty - Notice - Separation of actions. RCW 66.44.2 10 Obtaining liquor for ineligible person. RCW 66.44.240 Drinking in public conveyance — Penalty against carrier — Exception. 16 Kent Criminal Code - 2002 RCW 66.44.250 Drinking in public conveyance — Penalty against individual — Restricted application. RCW 66.44.270 Furnishing liquor to minors — Possession, use — Exhibition of effects — Exceptions. RCW 66.44.280 Minor applying for permit. RCW 66.44.290 Minor purchasing or attempting to purchase liquor. RCW 66.44.291 Minor purchasing or attempting to purchase liquor — Penalty against persons between ages of eighteen and twenty, inclusive. 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 l sold. RCW 66.44.3 10 Minors frequenting off-limits area — Misrepresentation of age — ' Penalty — Classification of licensees. RCW 66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. RCW 66.44.318 Employees aged eighteen to twenty-one stocking, f merchandising, and handling beer and wine. RCW 66.44.325 Unlawful transfer to a minor of an identification of age. RCW 66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card — Penalty. RCW 66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers. RCW 66.44.350 Employees eighteen years and over allowed to serve and carry ; liquor, clean up, etc., for certain licensed employers. RCW 66.44.370 Resisting or opposing officers in enforcement of title. Sec. 9.02.150. Title 69 RCW, entitled "Food, Drugs, Cosmetics, and Poisons" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 69.41.010 Definitions. RCW 69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited — Exceptions. RCW 69.41.050 Labeling requirements. RCW 69.41.060 Search and seizure. RCW 69.41.070 Penalties. RCW 69.41.320 Practitioners — Restricted use — Medical records. RCW 69.43.010 Report to state board of pharmacy -List of substances - Modification of list -Identification of purchasers -Report of transactions -Penalties. RCW 69.43.020 Receipt of substance from source outside state -Report -Penalty. 17 Kent Criminal Code - 2002 RCW 69.43.030 Exemptions. RCW 69.43.035 Suspicious transactions -Report -Penalty. RCW 69.43.040 Reporting form. RCW 69.43.043 Recordkeeping requirements -Penalty. RCW 69.43.048 Reporting and recordkeeping requirements -Submission of RCW 69.50.208 computer readable data, copies of federal reports. RCW 69.43.090 Permit to sell, transfer, furnish, or receive substance - RCW 69.50.212 Exemptions -Application for permit -Fee -Renewal -Penalty. RCW 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine -Sales RCW 69.50.404 restrictions -Penalty. RCW 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine -Possession RCW 69.50.408 of more than fifteen grams -Penalty -Exceptions. RCW 69.43.130 Exemptions -Pediatric products -Products exempted by the state RCW 69.50.4121 board of pharmacy. RCW 69.50.101 Definitions. RCW 69.50.102 Drug paraphernalia — Definitions. RCW 69.50.202 Nomenclature. RCW 69.50.204 Schedule I. RCW 69.50.206 Schedule II. RCW 69.50.208 Schedule III. RCW 69.50.210 Schedule IV. RCW 69.50.212 Schedule V. RCW 69.50.401 Prohibited acts: A — Penalties. RCW 69.50.404 Penalties under other laws. RCW 69.50.407 Conspiracy. RCW 69.50.408 Second or subsequent offenses. RCW 69.50.412 Prohibited acts: E — Penalties. RCW 69.50.4121 Drug paraphernalia — Selling or giving — Penalty. RCW 69.50.425 Misdemeanor violations — Minimum imprisonment. Sec. 9.02.160. Title 70 RCW, entitled "Public Health and Safety" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 70.74.010 Definitions. RCW 70.74.160 Unlawful access to explosives. RCW 70.74.295 Abandonment of explosives. RCW 70.74.300 Explosive containers to be marked — Penalty. RCW 70.74.3 10 Gas bombs, explosives, stink bombs, etc. RCW 70.74.400 Seizure and forfeiture. 18 Kent Criminal Code - 2002 RCW 70.155.080 Purchasing, possessing, or obtaining tobacco by persons under the age of eighteen - Civil infraction - Courts of jurisdiction. Sec. 9.02.170. Ch. 74.34 RCW, entitled "Abuse of Vulnerable Adults" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 74.34.020 Definitions. RCW 74.34.021 Vulnerable adult - Definition. RCW 74.34.035 Reports - Mandated and permissive - Contents - Confidentiality. RCW 74.34.040 Reports - Contents - Identity confidential. RCW 74.34.050 Immunity from liability. RCW 74.34.053 Failure to report - False reports - Penalties. RCW 74.34.145 Protection of vulnerable adults - Notice of criminal penalties for violation - Enforcement under RCW 26.50.110. Sec. 9.02.180. Obstructing public officers. A. A person is guilty of obstructing a public officer if, with knowledge that the person is a public officer, he or she: 1. Intentionally and physically interferes with a public officer; 2. Intentionally hinders or delays a public officer by disobeying an order to given by such officer; 3. Intentionally refuses to cease an activity or behavior that creates a risk f injury to any person when ordered to do so by a public officer; 4. Intentionally destroys, conceals, or alters or attempts to destroy, j or alter any material that he or she knows the public officer is attempting to btain, secure, or preserve during an investigation, search or arrest; 5. Intentionally refuses to leave the scene of an investigation of a crime an investigation is in progress after being requested to leave by a public officer; or 6. Intentionally hinders or delays a public officer in the discharge of his or official duties by making any untrue or misleading statement, report, or 19 Dent Criminal Code - 2002 B. No person shall be convicted of violating this section if the judge determines with respect to the person charged with violating this section that the public officer is not acting lawfully in a governmental function. C. For purposes of this section, a public officer means those individuals responsible for the enforcement of the provisions of the Kent City Code and empowered to make arrests or issue citations for violations under the code or those individuals responsible for the enforcement of the criminal laws of the state. D. Obstructing a public officer is a gross misdemeanor. Sec. 9.02.190. Disorderly conduct. A. A person is guilty of disorderly conduct if he or she: 1. Uses abusive language and thereby intentionally creates a risk of assault; 2. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; a 3. Intentionally obstructs pedestrian or vehicular traffic without lawful ! authority; or 4. Aggressively begs in a public place. B. The following definitions shall apply in this section: 1. Aggressively begs means to beg and engage in conduct that would likely 11 intimidate a reasonable person, including touching, following, persistently begging j after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving money or goods. 2. Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. 3. Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, i grasp a person, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or legally protest shall not constitute obstruction of pedestrian or 'vehicular traffic. 20 Kent Criminal Code - 2002 4. Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public including places that serve food or drink or provide entertainment, in the doorways and entrances to buildings or dwellings and the grounds enclosing them. C. Disorderly conduct is a misdemeanor. Sec. 9.02.200. Public disturbance. A. A person is guilty of public disturbance if he or she: 1. Causes a public nuisance disturbance or is in possession and control of property on which a public nuisance disturbance occurs. The following sounds are determined to be public nuisance disturbances: 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 continuous 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 real property. I C. Yelling, shouting, hooting, whistling, or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property. d. The creation of frequent, repetitive, or continuous sounds which emanate from any building, structure, apartment, condominium, or yard adjacent that unreasonably interfere with the peace, comfort, and repose of owners or of real property such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings. e. The creating of frequent, repetitive, or continuous sounds made any animal, such as barking or howling, except that such sounds made in animal f 21 Kent Criminal Code - 2002 shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with ch. 8.03 KCC shall be exempt from this provision. f. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source, and if not operated upon the real property of the operator. This provision shall not apply to such sounds emitted from scheduled events or activities at parks and recreational facilities such as public address systems for park or game events or concerts or similar park or recreation activities. g. The creation of frequent, repetitive, or continuous sounds made in connection with outdoor construction or the movement of construction related materials, including noise made by devices capable of producing sound by either striking or cutting objects, such as hammers, saws, or other equipment with internal combustion engines; provided, however, such sounds shall be exempt from the provisions of this code under the following circumstances: (i) During the hours of 7:00 a.m. through 8:00 p.m., Monday through Sunday; or (ii) In commercial areas not adjacent to residential areas. B. The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace. C. Public disturbance is a misdemeanor. Sec. 9.02.210. Disruption of public facilities. A. A person is guilty of disruption of a public facility if he or she enters or remains in a public facility and: 1. Intentionally interferes with the proper functioning of the public facility by causing a substantial disruption of the public facility or the activities occurring at the public facility; or 2. Intentionally interferes with the use of the public facility by other members of the public and such interference is caused while the person is using the public facility in a manner other than that for which the public facility was intended. 22 Kent Criminal Code - 2002 B. As used in this section, the term "public facility" shall include, but not be limited to, the facilities commonly referred to as the Kent Commons, the Kent Resource Center, the Kent Senior Activity Center, the Riverbend Golf Complex, the Kent Library, Kent City Hall, the Centennial Center, the Kent Municipal Court, the Kent Corrections Facility, and any other building, structure, equipment, and adjoining grounds and appurtenances of city, county, state, and federal government offices. C. A violation of this section is a misdemeanor. Sec. 9.02.220. Public events — Criminal activity. A. Interference with public events. No person shall physically interfere with any public event activity in a manner which: (1) disrupts the activity to the extent it makes it difficult for the activity to continue; or (2) causes viewers or participants (including vendors) to be distracted to the extent the viewing of or the participation in the activity is obstructed, restrained, or inhibited. For purposes of this section, "activity" shall include any parade, performance, processing, race, game, exhibition, or similar activity that is conducted on a public street or public place and is an official part of a public event. The term "public event" shall mean any event(s) sponsored or co-sponsored by, in conjunction with, or endorsed by any public, quasi -public, or civic entity for the j benefit of the public. B. Violation/penalty. Any violation of subsection (A) shall constitute a misdemeanor. C. Criminal trespass. Any person who: 1. Violates this section of the Kent City Code; 2. Commits any offense against public peace as set forth in ch. 9.02 KCC, including, but not limited to, indecent exposure, urinating in public, public disturbance, disorderly conduct and failure to disperse, while attending or in conjunction with a public event; 3. Commits a crime against a person as set forth in ch. 9.02 KCC, including, but not limited to, assault in the fourth degree and provoking assault, while attending or in conjunction with a public event; or 4. Commits a felony while attending or in conjunction with a public event, 23 Kent Criminal Code - 2002 may be ordered removed from the property on which the event is held by any person(s) having lawful authority over the event or by a law enforcement officer. Such an order may prohibit the person from returning to the property on which the event is held for the duration of the event if there is cause to believe that further violations would occur if the person were allowed to return. Such order shall apply to event areas both on and off public streets and public places. Any violation of such an order lawfully issued shall constitute criminal trespass pursuant to chapter 9A.52 RCW. Sec. 9.02.230. Public facility — Criminal activity — Prohibition of entry. A. The City Council finds that from time to time, the right of the general public to enjoy public facilities provided by the City is infringed upon by persons who engage in criminal conduct at the public facilities or who possess and consume alcohol at the public facilities. The City Council further finds that the right of persons who engage in criminal activity at public facilities is outweighed by the right of law abiding citizens ; to use such facilities without the interference or fear of the criminal activity of others. B. 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 (D) of this section on any public facility as described in subsection (E) of this section, that person may be given a written order prohibiting that i person from entering the public facility where the act was committed. When issued by a police officer, the order shall remain effective for forty-five (45) days; PROVIDED, ` that in the event the person is charged with a crime or infraction that gives rise to the i issuance of such order, the order shall remain effective until the person is arraigned for such charge or appears for a hearing for such infraction. In the event the person is charged with a crime or infraction that gives rise to the issuance of the prohibition of entry, the judge, commissioner, or judge pro tempore shall, upon finding probable cause, issue, reissue, or extend the order that shall remain effective for the period in which the court retains jurisdiction over the matter. I C. Whenever a police officer has probable cause to believe that a person is on or has entered a public facility and such person is prohibited from being on or entering the 24 Kent Criminal Code - 2002 public facility pursuant to this section, the officer may arrest the person for violating the prohibition of entry. D. 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 that qualifies as a felony crime; 2. Any act that 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; 3. Any act that qualifies as a violation of RCW 66.44.100; 4. Any act that involves entering an area designated in subsection (E) after the area is closed to the public. E. 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 l 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 Kent Commons, the Kent Senior Activity Center, the Kent Resource Center, the Riverbend Golf Complex, the Green River Trail, and the Interurban Trail. i 3. The bodies of water known as Lake Meridian and Lake Fenwick and i 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. i 5. Any public library maintained by the City of Kent, the County of King, f or the state of Washington. F. In the event that no criminal charges are filed as a result of the activity that leads to the police officer's issuance of the order prohibiting entry, the person prohibited from entering the public facility may request to have the order removed 25 Kent Criminal Code - 2002 prior to the expiration of the forty-five (45) day period. Such request shall be filed with the City's law department. Such request shall contain a return address or contact information that will remain valid and be sufficient to enable the court to provide written notice of court dates. Within five (5) days of receipt of the request for hearing, the City's law department shall submit a request for hearing to the Kent Municipal Court. The court shall set a hearing to be held within ten (10) days of the date such request for hearing is received by the court from the City's law department. The City must establish that probable cause exists to believe that the person committed any act set forth in subsection (D). Proof of probable cause may be established based 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 and the presentation of other evidence. The person against whom the order i was issued shall have the opportunity to present evidence and testimony when challenging the order. i G. A person who violates any prohibition of entry issued pursuant to this section shall be guilty of a misdemeanor. Sec. 9.02.240. Escape. A. A person is guilty of escape if. 1. Without lawful authority, he or she intentionally removes himself or j herself from the custody of a court, police officer, detention facility, registered location where work is performed pursuant to work release, or registered location where he or she is serving any portion of jail time on electronic home monitoring or detention; or 2. He or she fails to return himself or herself to the custody of the court, officer, or detention facility following temporary leave lawfully granted by a or Kent corrections. For the purposes of this section, custody means: 1. Restraint by a police officer pursuant to a lawful arrest for an offense; or 2. Restraint pursuant to an order of a court, including: 26 Kent Criminal Code - 2002 warrant; appearance; a. The detention of a person pursuant to a court issued arrest b. A verbal or written order to detain a person during a court C. The detention of a person pending and during trial; d. Detention of a person pending sentencing or pursuant to a sentence of a court; e. Detention of a person pursuant to the revocation of a period of a sentence initially suspended by a court; f. Detention of a person pursuant to an electronic home monitoring or electronic home detention program, regardless of the location that the person who is in custody is registered or required to be; g. Detention of a person pursuant to a work release or work crew i program, regardless of the location that the person who is in custody has listed or registered as the location of their work; or h. Detention of a person pursuant to a day reporting program, regardless of the location that the person who is in custody has listed or registered as the location that he or she reports to. C. A person who violates this section shall be guilty of a gross misdemeanor. Sec. 9.02.250. Damage, theft, abandonment, or improper use of an 5 electronic home detention or monitoring device. A. A person is guilty of damage, theft, abandonment, or improper use of an electronic home detention or monitoring device if: 1. The person intentionally causes damage to any component of the electronic home detention or monitoring device; 2. The person exerts unauthorized control over an electronic home detention or monitoring device; 3. The person abandons the electronic home detention or monitoring i device; or 27 Kent Criminal Code - 2002 4. The person fails to return the electronic home detention or monitoring device to Kent corrections or its lawful owner within twenty-four (24) hours of interrupting or terminating the proper use of the device. B. For the purposes of this section, the term "damage" shall have the same meaning as "damages" as that term is defined in RCW 9A.48.010. C. For the purposes of this section, the phrase "exerts unauthorized control" shall be defined as it is in RCW 9A.56.010. D. A person who violates this section shall be guilty of a gross misdemeanor. Sec. 9.02.260. Making or having vehicle prowl or vehicle theft tools. A. Every person who shall make or mend, or cause to be made or mended, or have in his or her possession any engine, machine, tool, false key, master key, adapted or altered key, pick lock, bit, nippers, dent remover, or implement, adapted, designed, or I s commonly used for the commission of vehicle prowl or vehicle theft under ; circumstances evidencing an intent to use or employ, or allow the same to be used or employed in the commission of a vehicle prowl or vehicle theft or knowing that the i same is or was intended to be so used, shall be guilty of making or having vehicle prowl or vehicle theft tools. 3 B. Making or having vehicle prowl or vehicle theft tools is a gross misdemeanor. s i Z 1 Sec 9.02.270. Neglect of a child or dependent person. A. A person is guilty of the crime of neglect of a child or dependent person if the person is a parent of a child, a person entrusted with the physical custody of a child or other dependent person, or a person employed to provide to the child or dependent person any of the basic necessities of life, and with criminal negligence, the person: 1. Withholds any of the basic necessities of life; or 2. Maintains living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury; or 3. Supervises the child or dependent person and: a. As a result of such supervision, the child or dependent person suffers bodily injury; or 28 Kent Criminal Code - 2002 b. The supervision creates a substantial risk that the child or dependent person will suffer bodily injury; or 4. Fails to supervise the child or dependent person and: a. As a result of such failure, the child or dependent person suffers bodily injury; or b. Such failure creates a substantial risk that the child or dependent person will suffer bodily injury. B. In any prosecution for neglect of a child or dependent person, it shall be a defense that the withholding of the basic necessities of life or the maintenance of living conditions that place the child or dependent person at a significant risk of disease, illness, or bodily injury is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is available to a person employed to provide the basic necessities of life only when the agreed-upon payment has not been made. C. A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. D. Child means a person under eighteen (18) years of age. E. Dependent person means a person who, because of physical or mental disability or because of advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home as defined in RCW 18.51.010, a of an adult family home as defined in RCW 70.128.010, and a frail elderly or le adult as defined in RCW 74.34.020(8), is presumed to be a dependent for purposes of this section. For the purposes of this section, bodily injury means physical pain, injury, or impairment of physical condition that is more than minor or transient. G. Neglect of a child or dependent person is a gross misdemeanor. Sec. 9.02.280. Offenses against police dogs. No person shall willfully or iciously torment, beat, kick, or strike any dog owned or being used by the police 29 Kent Criminal Code - 2002 department in the performance of its official duties. No person shall willfully hinder, delay, or obstruct any dog used by a law enforcement officer in discharging or attempting to discharge his official duties. Any person violating the provisions of this section shall be guilty of a misdemeanor. See. 9.02.290. 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. See. 9.02.300. Prostitution loitering. A. A person is guilty of prostitution loitering if he or she is in or remains in a public place and intentionally solicits, induces, entices, or procures another to commit prostitution. i B. The following nonexclusive circumstances may be considered in determining whether the actor intends to commit the crime of prostitution loitering. The actor: 3 1. Repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation; 2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, ; waving of arms, or any other bodily gesture; 3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts, or attempts to stop pedestrians; j 4. Is a known prostitute or procurer; or 5. Inquires whether a potential patron or other person is a police officer, searches for articles that would identify a police officer, or exposes genitals or female 5 breasts, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer. C. As used in this section: 1. Commit prostitution means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange, or promise, but does not include sexual conduct engaged in as part of any stage performance, play, or other entertainment open i to the public. 30 Kent Criminal Code - 2002 2. Known prostitution or procurer means a person who within one (1) year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been arrested for an offense involving prostitution. 3. Public place is an area generally visible to public view and includes without limitation streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the ground enclosing them. 4. Sexual conduct shall have the same meaning as defined in RCW 9A.88.030 and chapter 9A.44 RCW. D. Prostitution loitering is a misdemeanor. Sec. 9.02.310. Stay out of areas of prostitution orders. A. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent Municipal Court to anyone charged with prostitution, 3 permitting prostitution, prostitution loitering, or patronizing a prostitute under ch. 9.02 KCC or chapter 9A.88 RCW as a condition of pre-trial release. B. SOAP orders may be issued by the Kent Municipal Court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under ch. 9.02 KCC or chapter 9A.88 RCW 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 j officer's presence is seen violating or failing to comply with any requirement or i 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 the south side of South 272nd Street to State Route 516, (also known as Kent -Des Moines Road), including all adjacent 31 Kent Criminal Code - 2002 2. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent -Des Moines Road), including all adjacent businesses. 3. South 240th Street from the 2700 block through the 3200 block, including all adjacent businesses. E. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order, or the signature of his or her attorney, is affixed to the bottom of the order, signifying that he or she has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person's attorney appeared in person before the court. F. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under ch. 9.02 KCC and will subject the violator to arrest." i i G. Whenever a SOAP order is issued under this section, and the person named in ! the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. Sec. 9.02.320. Urinating in public. A. A person is guilty of urinating in public if the person intentionally urinates or i defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public. B. Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250). Sec. 9.02.330. Possession of drug paraphernalia. It is unlawful for any person to possess drug paraphernalia, as defined in RCW 69.50.102. A person who violates this section shall be guilty of a misdemeanor. 32 Kent Criminal Code - 2002 Sec. 9.02.340. Sale, manufacture, possession of certain weapons. Any person who sells, manufactures, purchases, possesses, or carries: 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 are 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; is guilty of a gross misdemeanor. Sec. 9.02.350. Possession of firearms or dangerous weapons at Kent Commons — Unlawful. ! A. Subject to the exceptions set forth in subsections (B) and (C) of this section, it shall be unlawful for any person to possess a firearm; a dagger, sword, or knife with a blade in excess of three (3) inches; or any other weapon apparently capable of producing bodily harm, inside of the premises known as the Kent Commons located at 525 North Fourth Avenue in the City of Kent. B. The prohibition to possession of a firearm shall not apply to a person licensed to carry a concealed weapon pursuant to RCW 9.41.070 or a person exempted from the ' licensing requirement by RCW 9.41.060. C. This section shall not apply during shows, demonstrations, or lectures involving z the exhibition of firearms or other weapons. D. For the purposes of this section, firearm means a weapon or device from which e a projectile or projectiles maybe fired by an explosive such as gunpowder. E. This section shall only apply to those areas of the Kent Commons that are within the Kent Commons building or that are contained to an area adjacent to the building by a temporary barrier during use for an event hosted by the Kent Commons. F. A person who violates this section shall be guilty of a misdemeanor. 33 Kent Criminal Code - 2002 Sec. 9.02.360. Non -incendiary devices. A. For the purposes of this chapter, a "non -incendiary device" shall include, without limitation, any stink bomb, stink paint, tear bomb, tear shell, explosive or flame -producing device, acid bomb, dry ice bomb, or any other device, material, chemical, or substance, that, when exploded, opened, used or otherwise deployed does or will annoy, injure, endanger, or inconvenience any person or persons. B. Any person who shall: (1) deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any place; (2) counsel, aid, assist, encourage, incite, or direct any other person or persons to deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any place; (3) have in his or her possession for the purpose of depositing, leaving, placing, spraying, scattering, spreading, throwing, or otherwise deploying in any building or any place; (4) counsels, aids, assists, encourages, incites, or directs any other person or persons to deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in any building or any place; any non -incendiary device shall be guilty of a gross misdemeanor. C. Anyone who enhances any non -incendiary device by adding, either internally or externally, any additional material that would create greater damage by becoming fragmentation or shrapnel will be subject to a mandatory minimum penalty of ninety (90) days in jail that cannot be served on work release or electronic home monitoring. D. This section shall not apply to persons in the military service or commissioned law enforcement officers actually engaged in the performance of his or her duty or training or in the course of any training acting pursuant to orders from competent authority, nor shall this section apply to any property owner or person acting under his or her authority in providing protection against the commission of a felony. Sec. 9.02.370. Hobby cannon fuse material — Sale transaction — Written record required. Every gun store, gun dealer, or gun show doing business in the City shall a written record of any sale or exchange of fuse material used for the purpose of detonating hobby cannons. This record shall be in English and shall be written or 34 Kent Criminal Code - 2002 electronically stored in an easily obtainable manner. The following information must be documented for each sale or exchange transaction: 1. The signature of the person with whom the transaction is made; 2. The date and time of the transaction; 3. The name of the person or employee or the identification number of the person or employee conducting the transaction; 4. The name, date of birth, sex, address and telephone number of the person with whom the transaction is made; 5. The type of identification, including identifying number, used by the person with whom the transaction was made; and 6. The amount of cannon fuse purchased. B. The type of identification relied upon for the sale or exchange must consist of. 1. A valid driver's license or identification card issued by any state; or I 2. Two (2) pieces of identification issued by a governmental agency, one (1) of which shall be descriptive of the person identified. At all times, at least one (1) piece of current governmental identification will be required. C. This record shall at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, be open for inspection by any commissioned law enforcement officer. The person or entity who conducted the sale or exchange shall maintain these records for at least three (3) years following the date of the transaction. Sec. 9.02.380. Violation of no contact order also contempt. The violation of any order issued by the Kent Municipal Court pursuant to ch. 10.99 RCW shall also constitute contempt of court, and is subject to the penalties prescribed by law. Sec. 9.02.390. Probation violations. A. For purposes of this section, the word "probationer" means any person who after conviction of violation of an ordinance of the City or a law of the state has been 35 Kent Criminal Code - 2002 placed on probation in connection with the suspension or deferral of sentence by either a district court of this county, municipal court, or the superior court. B. Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of his probation, is in such police officer's presence and is violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, the police officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended and, for such purpose, the police officer may arrest such probationer without warrant or other process. Sec. 9.02.400. Court costs — Jail medical costs. A. In addition to the penalties set forth in KCC 9.02.410, costs in all criminal actions may be imposed as authorized by law or court rule. B. As part of any judgment and sentence, the court may order a defendant to repay r all or part of the medical costs incurred by the City or any medical care provider during confinement of the defendant. Any costs not paid by a defendant that are due and owing shall be collected by the court in the same manner that other costs are collected. Sec. 9.02.410. Violations — Penalty. Unless otherwise provided in this chapter, violation of any provision of this chapter shall be punishable by: i 1. Gross misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000), or by both such imprisonment and fine. 2. Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. 36 Kent Criminal Code - 2002 SECTION 3. — Savings. The existing chapter 9.02 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. — 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 5. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided ATTEST: BRENDA JACOBER, CItY CLERK APPROVED AS TO FORM: l.oR 4,,_ TOM BRUBAKER, CITY ATTORNEY YOR 37 Kent Criminal Code - 2002 PASSED: / day of , 2002. IR APPROVED: day of '2002. PUBLISHED: day of �L� , 2002. I hereby certify that this is a true copy of Ordinance No. 36 '7-1 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 C,,W` h---WC—A—d 2002 d., (SEAL) BRENDA JACOB , CITY CLERK •f,•••I•I•• II +• a ••• .� 38 Kent Criminal Code - 2002