Loading...
HomeMy WebLinkAboutCity Council Committees - Public Safety Committee - 03/08/2016 (2) Public Safety Committee Agenda Councilmembers: Dana Ralph – Les Thomas – Jim Berrios, Chair March 8, 2016 4:30 p.m. Item Description Action Speaker Time Page 1. Call to order Chair Berrios 1 2. Roll Call Chair Berrios 1 3. Changes to the Agenda Chair Berrios 1 4. Approval of Minutes, dated February 9, 2016 YES Chair Berrios 5 1 5. School Zone Traffic Safety Camera Program Fund Expenditures – Information Only NO Chief Thomas 5 7 6. Ordinance Amending Ch. 9.02 KCC – “Criminal Code” – Recommend YES Tammy White 5 11 7. Ordinance Amending KCC 9.36 KCC “Traffic Code” – Recommend YES Tammy White 5 113 8. Police Chief’s Update – Information Only • 2015 Budget Update • Staffing Update (Retirements/Promotions) • Community Outreach No Assistant Chief Padilla 10 151 1 2 3 4 5 6 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: March 8, 2016 TO: Public Safety Committee SUBJECT: School Zone Traffic Safety Camera Program Fund Expenditures- Information Only MOTION: Information Only SUMMARY: School speed zones are located in areas occupied by a high number of pedestrians, especially before, during, and after school, and driver inattention and speeding can have devastating consequences. The strategic placement of automated traffic safety cameras in school zones has been shown to reduce vehicle speeds, thereby reducing the risks to pedestrians. Funds derived from the use of the cameras are to be used to cover the costs of administering the program. Excess funds will be used for criminal justice-related purposes. The current balance in the fund is in excess of $1 million. The Police Department has researched and determined two items that it wishes to spend funds on: (1) set aside $50,000 for matching funds for the traffic safety grant program, and (2) use $279,000 to replace seven of the Police Department’s aging police vehicles. Exhibits: Report detailing how funds will be used under this request. Budget Impact: $329,000 to come from the School Zone Traffic Safety Camera Fund 7 SCHOOL ZONE CAMERA FUND PROJECT REQUESTS PRIORITY ITEM DESCRIPTION COST TIMELINE 1 Traffic Safety Grant Program $50,000 2016-2017 2 Police Fleet Upgrade $279,000 2016-2017 TOTAL $329,000 8 Police Priority #1 Description: Traffic Safety Grant Program – Match Funds Washington State Department of Transportation provides grant funds to local jurisdictions to enhance traffic safety. Projects include Safe Routes to School, encouragement projects to increase walking and biking, and safety enhancements to reduce serious injury and fatal collisions involving pedestrians, bicycles, and vehicles. The grant cycle for the 2017-2019 biennium is now open and Kent is pursuing grant applications. Police and traffic engineering staff are working to identify the most competitive locations and strategies to enhance traffic safety. Justification: Washington State Department of Transportation will give funding preference to those projects that allocate local match funds. More competitive grant applications must identify projects in areas where there are high incidents of serious injury and fatal collisions involving pedestrians/bicycles and vehicles and provide a local match. Impact: Up to $50,000 will be used for match funds for the Traffic Safety grant program. Staff will work to identify the most competitive application based upon pedestrian/bicycle and vehicle collisions. 9 Police Priority #2 Description: Police Fleet Upgrade $279,000 To provide vehicles for additional positions and to replace aging fleet vehicles. Costs include estimated set-ups. • K9 Patrol Tahoe vehicle: One for $65,000 • Ford SUV Interceptors vehicles/Patrol set-up: Two for a total of $80,000 • Ford SUV Interceptors vehicles/Administrative set-up: Two for a total of $70,000 • Ford police sedans: Two for a total of $64,000 Justification: Utilizing a third day-time K9 has been greatly beneficial to patrol operations, aggressively fighting crime and supporting Intelligence Led Policing efforts. Most importantly, it has given us a means to combat day time residential burglaries and prowls by providing a valuable tool to apprehend suspects. Recently, we have dual trained a generalist apprehension dog to also be a narcotic detection dog to assist with narcotic search warrants which will result in more drug finds, prosecutable cases, and more narcotic related seizures. Due to this success, the Chief is expanding the K9 program to four dogs so we can have the benefit of two daytime K9s that can operate seven days a week. The fourth dog will also be dual trained and provide an additional narcotic detection team. With this additional K9 position, the department requires an additional K9 vehicle for the new team. The Kent Police Department has two officers assigned as School Resource Officers. These officers currently are assigned two vehicles that were originally purchased by the Kent School District. Although they are now maintained by the city shops, they were not a fleet allocation. The vehicles are aging; they have become a resource liability for maintenance and are well past their expected life cycle. The department would like to replace these vehicles with Ford SUV Interceptors that are equipped as standard patrol packages (fully marked black and whites, with emergency light bars, and transport cages). The department also has one remaining Neighborhood Response Team vehicle that is aging beyond its lifecycle and in need of replacement. The department would like to replace that vehicle with a Ford police vehicle. Replacement of aging vehicles will reduce maintenance burdens and increase safety. The Kent Police Department was authorized an additional three employees for both 2015 and 2016. As part of the Chief’s personnel manning plan, three of the six positions were allocated to the Investigations and Support Divisions. Two positons are to be detectives to support the growth in patrol and increased case load in investigations and one position was allocated as a Support Services Commander to support the critical operations of recruiting and hiring, as well as accreditation, policy development, and training. All three of these additional specialty and command positions require a vehicle. The department desires to provide Ford police vehicles for the commander and to support the two new detective positions. Impact: By utilizing the School Zone Safety Camera fund, the police department can minimize a negative impact to the city’s capital project fund to provide replacements for aging vehicles and required additional vehicles for newly allocated positions. 10 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 8, 2016 To: Public Safety Committee From: Tammy White, Assistant City Attorney Regarding: Ordinance Amending Ch. 9.02 KCC – “Criminal Code” - Recommend SUMMARY: Generally speaking, cities have the responsibility to enforce and prosecute misdemeanor 1 and gross misdemeanor2 crimes that occur within their respective city limits. However, the city of Kent can only enforce and prosecute through its Municipal Court those crimes or civil infractions that Kent has expressly adopted by ordinance, either comprehensively through individual creation and adoption, or by reference to a state statute. While Kent has adopted some Kent-specific crimes 3, the majority of its criminal code is adopted by reference to state crimes enacted by the state Legislature over the years. During its 2015 session, the state Legislature adopted a number of new laws, including an infraction for leaving an animal in a car, and new crimes related to background checks for firearm sales and transfers, for selling powdered alcohol, and for wrongfully distributing intimate images. Before these state crimes may be applied and enforced locally through the Kent Municipal Court, they must be adopted by the City Council and incorporated into the Kent City Code. With this year’s ordinance, staff took the time to conduct a comprehensive review of state law to specifically adopt all laws that establish a misdemeanor, gross misdemeanor, or Class C felony 4 offense. Class C felonies were included as they may form the basis of charging an offender with the crime of Criminal Attempt, Criminal Solicitation, or Criminal Conspiracy to commit the Class C felony, which 1 A misdemeanor crime involves a maximum penalty of 90 days in jail and a $1,000 fine. 2 A gross misdemeanor crime involves a maximum penalty of 364 days in jail and a $5,000 fine. 3 Disorderly conduct, obstruction, tampering or interfering with property of another, public disturbance, etc. 4 A class C felony crime involves a maximum penalty of 5 years in jail and a $10,000 fine, though locally, Kent can only charge these crimes under Criminal Attempt or Conspiracy, which are then punishable as a gross misdemeanor. MOTION: Recommend Council adopt an ordinance amending the Criminal Code found in Chapter 9.02 of the Kent City Code to adopt by reference new crimes enacted by the state Legislature in 2015; to adopt other crimes that were not previously adopted by specific reference; and to make other housekeeping revisions for clarity. 11 crime would then be punishable in the Kent Municipal Court as a gross misdemeanor. While many of the crimes this ordinance adopts by reference may never be investigated or prosecuted within the city of Kent, if a need should ever arise, the technical aspect of ensuring the law was properly adopted for application and enforcement within Kent will have been satisfied. This ordinance also includes other revisions to tighten some of the existing language and to expressly provide how the public may access the state laws that the Kent City Council has adopted by reference—both online and through the City Clerk’s Office.5 EXHIBITS: Ordinance. BUDGET IMPACT: None P:\Civil\Motions-BlueSheets\CriminalCode-2015Update-MotionSheet.docx 5 Under RCW 35A.12.140, copies of all state statutes or other codes that a code city adopts by reference must be filed and maintained by the City Clerk for use and examination by the public. 12 1 Criminal Code Amendments 2015 State Legislative Session ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City Code, entitled “Criminal Code,” to: (i) adopt by reference new civil infractions and misdemeanor crimes enacted by the state Legislature during its 2015 regular session for application and enforcement in the City of Kent; and (ii) to make other housekeeping amendments to the criminal code to revise references made to the Revised Code of Washington; to adopt other misdemeanor crimes that were not previously adopted by specific reference; and to adopt Class C felony crimes that may be used as a basis to support the crime of criminal attempt or criminal conspiracy, which is punishable as a gross misdemeanor. RECITALS A. During its 2015 legislative session, the Washington State Legislature adopted a number of bills that added new criminal provisions to the Revised Code of Washington (“RCW”).1 The Kent City Code has adopted by reference a number of state law provisions for application and enforcement in the City of Kent. Once a state law is adopted by reference into the Kent City Code that reference is sufficient for subsequent amendments the Legislature may make to that state law provision. However, because the Legislature adopted legislation that created new 1 These bills included a new infraction for leaving an animal in a car, and new crimes related to background checks for firearm sales and transfers, for selling powdered alcohol, and for wrongfully distributing intimate images. 13 2 Criminal Code Amendments 2015 State Legislative Session crimes that did not previously exist, it is necessary to amend the Kent City Code to similarly adopt these new state law provisions by reference for application and enforcement in Kent. B. While updating the criminal code to add these new crimes, staff conducted a comprehensive review of the RCWs and incorporated into this ordinance all other crimes punishable as a Class C felony, a gross misdemeanor, a misdemeanor, or a civil infraction. Class C felonies were incorporated as they may be the basis to support a criminal attempt charge that is punishable as a gross misdemeanor. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1.– Amendment – Criminal Code, Chapter 9.02 KCC. Chapter 9.02 of the Kent City Code, entitled “Criminal Code,” is amended as follows: Sec. 9.02.010. Preliminary article. A. This chapter 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. 14 3 Criminal Code Amendments 2015 State Legislative Session 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 that are committed within the city limits of Kent. Whenever the word state shall appear in any statute adopted by reference in this chapter, the word city shall be substituted therefor; provided, however, the term city shall not be substituted for the term 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. H. A copy of all statutes adopted by reference for application and enforcement within the city limits of Kent are available online for public viewing through the Washington State Legislature’s website at: http://app.leg.wa.gov/rcw/. Physical copies of these statutes are also 15 4 Criminal Code Amendments 2015 State Legislative Session maintained by the City Clerk and available for public inspection during the regular business hours of the City Clerk’s Office. Sec. 9.02.020. Adoption of sections of Revised Code of Washington not specifically set forth in KCC 9.02.030 through 9.02.620170. 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 KCC 9.02.030 through 9.02.620170, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, adjudication, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors, or necessary for the definition or interpretation of terms used therein, are hereby adopted by reference as currently enacted or as hereafter enacted, 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 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 KCC 9.02.010. C. The following RCW sections are not adopted by the city of Kent: RCW 9.91.025 Unlawful transit conduct. 9A.76.020 Obstructing a law enforcement officer. 9A.76.130 Escape in the third degree. 9A.84.030 Disorderly conduct. 18.108.010 Massage practitioners—Definitions 18.108.030 Massage practitioners—Licensure or certification required 16 5 Criminal Code Amendments 2015 State Legislative Session 18.108.035 Massage practitioners—Unlicensed practice—Penalties Sec. 9.02.030025. Session laws not yet codified.As the Washington State Legislature adopts new laws, those new laws occasionally become effective before the state’s Office of the Code Reviser is able to codify those new laws into the RCW. Accordingly, the following session laws, as currently enacted or as later amended or codified, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: None. Laws of 2004, Ch. 94 § 1 Cyberstalking. Sec. 9.02.040030. Chapter 2.48 RCW Title 2, entitled “State Bar ActCourts of Record” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, areis hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 2.36.010 Definitions. 2.36.165 Leave of absence from employment to be provided—Denial of promotional opportunities prohibited—Penalty—Civil action. 2.36.170 Failure of juror to appear—Penalty. 2.48.180 Definitions – Unlawful practice a crime – Cause for discipline – Unprofessional conduct – Defense – Injunction – Remedies – Costs – Attorneys’ fees – Time limit for action. Sec. 9.02.050040. Chapter 7.21 RCW Title 7, entitled “Contempt of CourtSpecial Proceedings and Actions” – 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. 7.21.020 Sanctions – Who may impose. 17 6 Criminal Code Amendments 2015 State Legislative Session 7.21.030 Remedial sanctions – Payment for losses. 7.21.040 Punitive sanctions – Fines. 7.21.050 Sanctions – Summary imposition – Procedure. 7.21.070 Appellate review. 7.80.120 Monetary penalties – Restitution. 7.80.150 Notices—Record of—Cancellation prohibited, penalty—Audit. 7.80.160 Failure to exercise notice options—Failure to satisfy penalty. 7.84.060 Response to notice—Contesting determination—Mitigating circumstances—Hearing—Failure to respond or appear— Penalty. 7.84.100 Monetary penalties. 7.84.130 Failure to pay or complete community restitution—Penalty. 7.90.090 Burden of proof—Issuance of protection order—Remedies— Violations. 7.90.110 Ex parte temporary sexual assault protection orders— Issuance. 7.92.120 Ex parte temporary order for protection—Issuance. 7.92.160 Court-initiated stalking no-contact orders. Sec. 9.02.050. Chapter 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. Sec. 9.02.060. RCW Title 9, 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. 9.01.110 Omission, when not punishable. 18 7 Criminal Code Amendments 2015 State Legislative Session 9.01.130 Sending letter, when complete. 9.02.050 Concealing birth. 9.02.120 Unauthorized abortions - Penalty. 9.02.130 Defenses to prosecution. 9.02.170 Definitions. 9.03.010 Abandoning, discarding refrigeration equipment. 9.03.020 Permitting unused equipment to remain on premises. 9.03.030 Violation of RCW 9.03.010 or 9.03.020. 9.03.040 Keeping or storing equipment for sale. 9.04.010 False advertising. 9.04.040 Advertising cures of lost sexual potency - Evidence. 9.04.050 False, misleading, deceptive advertising. 9.04.070 False, misleading, deceptive advertising - Penalty. 9.04.090 Advertising fuel prices by service stations. 9.08.030 False certificate of registration of animals – False representation as to breed. 9.08.065 Definitions. 9.08.070 Pet animals – Taking, concealing, injuring, killing, etc. – Penalty. 9.08.072 Transferring stolen pet animal to a research institution – Penalty. 9.08.074 Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution - Penalty. 9.08.076 Transferring stolen pet animal to a research institution by a U.S.D.A. licensed dealer - Penalty. 9.08.078 Illegal sale, receipt, or transfer of pet animals – Separate offenses. 9.08.090 Acts against animal facilities. 9.12.010 Barratry. 9.12.020 Buying, demanding, or promising reward by district judge or deputy. 9.16.005 Definitions. 9.16.010 Removing lawful brands. 9.16.020 Imitating lawful brand. 9.16.030 Counterfeit mark – Intellectual property. 9.16.035 Counterfeiting – Penalties. 9.16.041 Counterfeit items – Seizure and forfeiture. 9.16.050 When deemed affixed. 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. 9.16.080 Petroleum products improperly labeled or graded. 19 8 Criminal Code Amendments 2015 State Legislative Session 9.16.100 Use of the words “sterling silver,” etc. 9.16.110 Use of words “coin silver,” etc. 9.16.120 Use of the word “sterling” on mounting. 9.16.130 Use of the words “coin silver” on mounting. 9.16.140 Unlawfully marking article made of gold. 9.16.150 “Marked, stamped or branded” defined. 9.18.080 Offender a competent witness. 9.18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding—Penalty. 9.18.150 Agreements outside state. 9.24.010 Fraud in stock subscription. 9.24.040 Corporation doing business without license. 9.26A.090 Telephone company credit cards – Prohibited acts. 9.26A.100 Definitions. 9.26A.110 Fraud in obtaining telecommunications service – Penalty. 9.26A.120 Fraud in operating coin-box telephone or other receptacle. 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. 9.26A.140 Unauthorized sale or procurement of telephone records— Penalties—Definitions. 9.27.015 Interference, obstruction of any court, building, or residence – Violations. 9.35.005 Definitions. 9.35.010 Improperly obtaining financial information. 9.35.020 Identity theft. 9.35.030 Soliciting undesired mail. 9.38.010 False representation concerning credit. 9.38.015 False statement by deposit account applicant. 9.38.020 False representation concerning title. 9.38.060 Digital signature violations. 9.40.040 Operating engine or boiler without spark arrester. 9.40.100 Tampering with fire alarm or fire fighting equipment – False alarm – Penalties. 9.41.010 Terms defined. 9.41.040 Unlawful possession of firearms – Ownership, possession by certain persons – Penalty. 9.41.050 Carrying firearms. 9.41.060 Exceptions to restrictions on carrying firearms. 9.41.070 Concealed pistol license - Application - Fee - Renewal. 9.41.080 Delivery to ineligible persons. 20 9 Criminal Code Amendments 2015 State Legislative Session 9.41.090 Dealer deliveries regulated – Hold on delivery. 9.41.100 Dealer licensing and registration required. 9.41.110 Dealer’s licenses, by whom granted, conditions, fees – Employees, fingerprinting and background checks – Wholesale sales excepted – Permits prohibited. 9.41.113 Firearm sales or transfers - Background checks - Requirements - Exceptions. 9.41.115 Penalties - Violations of RCW 9.41.113. 9.41.120 Firearms as loan security. 9.41.140 Alteration of identifying marks – Exceptions. 9.41.171 Alien possession of firearms – Requirements – Penalty. 9.41.173 Alien possession of firearms – Alien firearm license – Political subdivisions may not modify requirements – Penalty for false statement. 9.41.175 Alien possession of firearms – Possession without license – Conditions. 9.41.190 Unlawful firearms - Exceptions. 9.41.220 Unlawful firearms and parts contraband. 9.41.230 Aiming or discharging firearms, dangerous weapons. 9.41.240 Possession of pistol by person from eighteen to twenty-one. 9.41.250 Dangerous weapons – Penalty. 9.41.251 Dangerous weapons - Application of restrictions to law enforcement, firefighting, rescue, and military personnel. 9.41.260 Dangerous exhibitions. 9.41.270 Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions. 9.41.280 Possessing dangerous weapons on school facilities – Penalty – Exceptions. 9.41.290 State preemption. 9.41.300 Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty. 9.41.335 Failure to register as felony firearm offender. 9.41.800 Surrender of weapons or licenses – Prohibition on future possession or licensing. 9.41.810 Penalty. 9.44.080 Misconduct in signing a petition. 9.45.060 Encumbered, leased, or rented personal property – Construction. 9.45.070 Mock auctions. 9.45.080 Fraudulent removal of property. 9.45.090 Knowingly receiving fraudulent conveyance. 9.45.100 Fraud in assignment for benefit of creditors. 9.45.160 Fraud in liquor warehouse receipts. 9.45.170 Penalty. 9.45.210 Altering sample or certificate of assay. 21 10 Criminal Code Amendments 2015 State Legislative Session 9.45.220 Making false sample or assay of ore. 9.45.260 Fire protection sprinkler system contractors - Wrongful acts. 9.45.270 Fraudulent filing of vehicle report of sale. 9.46.0201 "Amusement game." 9.46.0205 "Bingo." 9.46.0209 "Bona fide charitable or nonprofit organization." 9.46.0213 "Bookmaking." 9.46.0217 "Commercial stimulant." 9.46.0221 "Commission." 9.46.0225 "Contest of chance." 9.46.0229 "Fishing derby." 9.46.0233 "Fund-raising event." 9.46.0237 "Gambling." 9.46.0241 "Gambling device." 9.46.0245 "Gambling information." 9.46.0249 "Gambling premises." 9.46.0253 "Gambling record." 9.46.0257 "Lottery." 9.46.0261 "Member," "bona fide member." 9.46.0265 "Player." 9.46.0269 "Professional gambling." 9.46.0273 "Punchboards," "pull-tabs." 9.46.0277 "Raffle." 9.46.0282 "Social card game." 9.46.0285 "Thing of value." 9.46.0289 "Whoever," "person." 9.46.170 False or misleading entries or statements, refusal to produce records. 9.46.185 Causing person to violate rule or regulation. 9.46.190 Violations relating to fraud or deceit. 9.46.195 Obstruction of public servant - Penalty. 9.46.196 Cheating. - Defined. 9.46.1961 Cheating in the first degree. 9.46.1962 Cheating in the second degree. 9.46.198 Working in gambling activity without license as violation - Penalty. 9.46.215 Ownership or interest in gambling device - Penalty - Exceptions. 9.46.217 Gambling records - Penalty - Exceptions. 9.46.221 Professional gambling in the second degree. 9.46.222 Professional gambling in the third degree. 9.46.228 Gambling activities by persons under age eighteen prohibited—Penalties—Jurisdiction—In-house controlled purchase programs authorized. 9.46.240 Gambling information, transmitting or receiving. 22 11 Criminal Code Amendments 2015 State Legislative Session 9.47.080 Bucket shop defined. 9.47.090 Maintaining bucket shop - Penalty. 9.47.100 Written statement to be furnished - Presumption. 9.47A.010 Definition. 9.47A.020 Unlawful inhalation – Exception. 9.47A.030 Possession of certain substances prohibited, when. 9.47A.040 Sale of certain substances prohibited, when. 9.47A.050 Penalty. 9.51.010 Misconduct of officer drawing jury. 9.51.020 Soliciting jury duty. 9.51.030 Misconduct of officer in charge of jury. 9.51.040 Grand juror acting after challenge allowed. 9.51.050 Disclosing transaction of grand jury. 9.51.060 Disclosure of deposition returned by grand jury. 9.55.020 Witness refusing to attend legislature or committee or to testify. 9.61.190 Carrier or racing pigeons - Injury to. 9.61.200 Carrier or racing pigeons - Removal or alteration of identification. 9.61.230 Telephone harassment. 9.61.240 Telephone harassment – Permitting telephone to be used. 9.61.250 Telephone harassment – Offense, where deemed committed. 9.61.260 Cyberstalking. 9.62.010 Malicious prosecution. 9.62.020 Instituting suit in name of another. 9.66.010 Public nuisance. 9.66.020 Unequal damage. 9.66.030 Maintaining or permitting nuisance. 9.66.040 Abatement of nuisance. 9.66.050 Deposit of unwholesome substance. 9.68.015 Obscene literature, shows, etc. – Exemptions. 9.68.030 Indecent articles, etc. 9.68.050 “Erotic material” – Definitions. 9.68.060 “Erotic material” – Determination by court – Labeling – Penalties. 9.68.070 Prosecution for violation of RCW 9.68.060 – Defense. 9.68.080 Unlawful acts. 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. 9.68.110 Motion picture operator or projectionist exempt, when. 9.68.130 “Sexually explicit material” – Defined – Unlawful display. 23 12 Criminal Code Amendments 2015 State Legislative Session 9.68.140 Promoting pornography - Class C felony - Penalties. 9.68A.011 Definitions. 9.68A.050 Dealing in depictions of minor engaged in sexually explicit conduct. 9.68A.060 Sending, bringing into state depictions of minor engaged in sexually explicit conduct. 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct. 9.68A.075 Viewing depictions of a minor engaged in sexually explicit conduct. 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct – Civil immunityReport required. 9.68A.090 Communication with minor for immoral purposes—Penalties. 9.68A.102 Promoting travel for commercial sexual abuse of a minor - Penalty - Consent of minor does not constitute defense. 9.68A.103 Permitting commercial sexual abuse of a minor - Penalty - Consent of minor does not constitute defense. 9.68A.110 Certain defenses barred, permitted. 9.68A.120 Seizure and forfeiture of property. 9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty. 9.69.100 Duty of witness of offense against child or any violent offense – Penalty. 9.72.090 Committal of witness – Detention of documents. 9.73.010 Divulging telegram. 9.73.020 Opening sealed letter. 9.73.030 Intercepting, recording or divulging private communication – Consent required – Exceptions. 9.73.050 Admissibility of intercepted communication in evidence. 9.73.070 Persons and activities excepted from chapter. 9.73.080 Penalties. 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through RCW 9.73.080 – Standards – Court authorizations – Admissibility. 9.73.100 Recordings available to defense counsel. 9.73.110 Intercepting, recording, or disclosing private communications – Not unlawful for building owner – Conditions. 9.73.230 Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor - Conditions - Written reports required - Judicial review - Notice - Admissibility - Penalties. 9.73.260 Pen registers, trap and trace devices. 24 13 Criminal Code Amendments 2015 State Legislative Session 9.81.010 Definitions. 9.81.030 Membership in subversive organization is felony - Penalty. 9.81.110 Misstatements are punishable as perjury - Penalty. 9.86.010 "Flag," etc., defined. 9.86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. 9.91.010 Denial of civil rights – Terms defined. 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. 9.91.060 Leaving children unattended in a parked automobile. 9.91.130 Disposal of trash in charity donation receptacle. 9.91.140 Food stamps—Unlawful sale. 9.91.142 Food stamps – Trafficking. 9.91.144 Food stamps - Unlawful redemption. 9.91.150 Tree spiking. 9.91.160 Personal protection spray devices. 9.91.170 Interfering with dog guide or service animal. 9.91.175 Interfering with search and rescue dog. 9.91.180 Violent video or computer games. 9.92.020 Punishment of gross misdemeanor when not fixed by statute. 9.92.030 Punishment of misdemeanor when not fixed by statute. 9.92.040 Punishment for contempt. 9.92.080 Sentence on two or more convictions or counts. Sec. 9.02.070. RCW Title 9A, 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. 9A.04.030 State criminal jurisdiction. 9A.04.040 Classes of crimes. 9A.04.050 People capable of committing crimes – Capability of children. 9A.04.060 Common law to supplement statute. 9A.04.070 Who amenable to criminal statutes. 9A.04.080 Limitation of actions. 9A.04.090 Application of general provisions of the code. 9A.04.100 Proof beyond a reasonable doubt. 9A.04.110 Definitions. 25 14 Criminal Code Amendments 2015 State Legislative Session 9A.08.010 General requirements of culpability. 9A.08.020 Liability for conduct of another – Complicity. 9A.08.030 Corporate and personal liability. 9A.12.010 Insanity. 9A.16.010 Definitions. 9A.16.020 Use of force – When lawful. 9A.16.060 Duress. 9A.16.070 Entrapment. 9A.16.080 Action for being detained on mercantile establishment premises for investigation – “Reasonable grounds” as defense. 9A.16.090 Intoxication. 9A.16.100 Use of force on children – Policy – Actions presumed unreasonable. 9A.16.120 Outdoor music festival, campground—Detention. 9A.20.010 Classification and designation of crimes. 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after. 9A.20.030 Alternative to a fine—Restitution. 9A.28.020 Criminal attempt. 9A.28.030 Criminal solicitation. 9A.28.040 Criminal conspiracy. 9A.36.031 Assault in the third degree. 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment. 9A.36.060 Promoting a suicide attempt. 9A.36.070 Coercion. 9A.36.080 Malicious harassment – Definition and criminal penalty. 9A.36.100 Custodial assault. 9A.36.140 Assault of a child in the third degree. 9A.36.150 Interfering with the reporting of domestic violence. 9A.36.160 Failing to summon assistance. 9A.36.161 Failing to summon assistance – Penalty. 9A.40.010 Definitions. 9A.40.040 Unlawful imprisonment. 9A.40.060 Custodial interference in the first degree. 9A.40.070 Custodial interference in the second degree. 9A.40.080 Custodial interference – Assessment of costs – Defense – Consent defense, restricted. 9A.40.090 Luring. 26 15 Criminal Code Amendments 2015 State Legislative Session 9A.40.110 Coercion of involuntary servitude. 9A.42.010 Definitions. 9A.42.030 Criminal mistreatment in the second degree. 9A.42.035 Criminal mistreatment in the third degree. 9A.42.037 Criminal mistreatment in the fourth degree. 9A.42.040 Withdrawal of life support systems. 9A.42.045 Palliative care. 9A.42.050 Defense of financial inability. 9A.42.070 Abandonment of a dependent person in the second degree – Exception. 9A.42.080 Abandonment of a dependent person in the third degree – Exception. 9A.42.090 Abandonment of a dependent person – Defense. 9A.42.110 Leaving a child in the care of a sex offender. 9A.44.010 Definitions. 9A.44.020 Testimony—Evidence—Written motion—Admissibility. 9A.44.030 Defenses to prosecution under this chapter. 9A.44.060 Rape in the third degree. 9A.44.079 Rape of a child in the third degree. 9A.44.089 Child molestation in the third degree. 9A.44.093 Sexual misconduct with a minor in the first degree. 9A.44.096 Sexual misconduct with a minor in the second degree. 9A.44.105 Sexually violating human remains. 9A.44.115 Voyeurism. 9A.44.120 Admissibility of child's statement—Conditions. 9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and 72.09.330. 9A.44.130 Registration of sex offenders and kidnapping offenders – Procedures – Definition – Penalties. 9A.44.132 Failure to register as sex offender or kidnapping offender— Refusal to provide DNA. 9A.44.150 Testimony of child by closed-circuit television. 9A.44.160 Custodial sexual misconduct in the first degree. 9A.44.170 Custodial sexual misconduct in the second degree. 9A.44.180 Custodial sexual misconduct—Defense. 9A.44.190 Criminal trespass against children—Definitions. 9A.44.193 Criminal trespass against children—Covered entities. 9A.44.196 Criminal trespass against children. 9A.46.010 Legislative finding. 9A.46.020 Definition – Penalties. 9A.46.030 Place where committed. 9A.46.040 Court-ordered requirements upon person charged with crime – Violation. 9A.46.050 Arraignment – No contact order. 27 16 Criminal Code Amendments 2015 State Legislative Session 9A.46.060 Crimes included in harassment. 9A.46.070 Enforcement of orders restricting contact. 9A.46.080 Order restricting contact – Violation. 9A.46.085 Stalking no-contact orders—Appearance before magistrate required. 9A.46.090 Nonliability of peace officer. 9A.46.100 “Convicted,” time when. 9A.46.110 Stalking. 9A.46.120 Criminal gang intimidation. 9A.48.010 Definitions. 9A.48.040 Reckless burning in the first degree. 9A.48.050 Reckless burning in the second degree. 9A.48.060 Reckless burning – Defense. 9A.48.080 Malicious mischief in the second degree. 9A.48.090 Malicious mischief in the third degree. 9A.48.100 Malicious mischief – “Physical damage” defined. 9A.48.105 Criminal street gang tagging and graffiti. 9A.48.110 Defacing a state monument. 9A.49.001 Findings. 9A.49.010 Definitions. 9A.49.020 Unlawful discharge of a laser in the first degree. 9A.49.030 Unlawful discharge of a laser in the second degree. 9A.49.040 Civil infraction, when. 9A.49.050 Exclusions. 9A.50.010 Definitions. 9A.50.020 Interference with health care facility. 9A.50.030 Penalty. 9A.50.060 Informational picketing. 9A.52.010 Definitions. 9A.52.050 Other crime in committing burglary punishable. 9A.52.060 Making or having burglar tools. 9A.52.070 Criminal trespass in the first degree. 9A.52.080 Criminal trespass in the second degree. 9A.52.090 Criminal trespass – Defenses. 9A.52.095 Vehicle prowling in the first degree. 9A.52.100 Vehicle prowling in the second degree. 9A.52.110 Computer trespass in the first degree. 9A.52.120 Computer trespass in the second degree. 9A.52.130 Computer trespass – Commission of other crime. 9A.56.010 Definitions. 9A.56.020 Theft – Definition, defense. 9A.56.040 Theft in the second degree. 28 17 Criminal Code Amendments 2015 State Legislative Session 9A.56.050 Theft in the third degree. 9A.56.060 Unlawful issuance of checks or drafts. 9A.56.063 Making or possessing motor vehicle theft tools. 9A.56.075 Taking motor vehicle without permission in the second degree. 9A.56.083 Theft of livestock in the second degree. 9A.56.096 Theft of rental, leased, lease-purchased, or loaned property. 9A.56.100 Theft and larceny equated. 9A.56.110 Extortion—Definition. 9A.56.130 Extortion in the second degree. 9A.56.140 Possessing stolen property – Definition – Presumption. 9A.56.160 Possessing stolen property in the second degree – Other than firearm or motor vehicle. 9A.56.170 Possessing property in the third degree. 9A.56.180 Obscuring the identity of a machine. 9A.56.220 Theft of subscription television services. 9A.56.230 Unlawful sale of subscription television services. 9A.56.240 Forfeiture and disposal of device used to commit violation. 9A.56.260 Connection of channel converter. 9A.56.262 Theft of telecommunication services. 9A.56.264 Unlawful manufacture of telecommunication device. 9A.56.266 Unlawful sale of telecommunication device. 9A.56.270 Shopping cart theft. 9A.56.280 Credit, debit cards, checks, etc.—Definitions. 9A.56.290 Credit, payment cards—Unlawful factoring of transactions. 9A.56.320 Financial fraud—Unlawful possession, production of instruments of. 9A.56.330 Possession of another's identification. 9A.56.340 Theft with the intent to resell. 9A.56.350 Organized retail theft. 9A.56.360 Retail theft with special circumstances. 9A.56.370 Mail theft. 9A.56.380 Possession of stolen mail. 9A.56.390 Mail theft—Possession of stolen mail—Commission of other crime. 9A.58.010 Definitions. 9A.58.020 Possessing, or reading or capturing, information contained on another person's identification document—Exceptions. 9A.60.010 Definitions. 9A.60.020 Forgery. 9A.60.030 Obtaining a signature by deception or duress. 9A.60.040 Criminal impersonation in the first degree. 9A.60.045 Criminal impersonation in the second degree. 9A.60.050 False certification. 29 18 Criminal Code Amendments 2015 State Legislative Session 9A.60.060 Fraudulent creation or revocation of a mental health advance directive. 9A.60.070 False academic credentials – Unlawful issuance or use – Definitions – Penalties. 9A.61.010 Definitions. 9A.61.020 Defrauding a public utility. 9A.61.040 Defrauding a public utility in the second degree. 9A.61.050 Defrauding a public utility in the third degree. 9A.61.060 Restitution and costs. 9A.64.010 Bigamy. 9A.64.020 Incest. 9A.64.030 Child selling—Child buying. 9A.68.020 Requesting unlawful compensation. 9A.68.030 Receiving or granting unlawful compensation. 9A.68.040 Trading in public office. 9A.68.050 Trading in special influence. 9A.72.010 Definitions. 9A.72.030 Perjury in the second degree. 9A.72.040 False swearing. 9A.72.050 Perjury and false swearing – Inconsistent statements – Degree of crime. 9A.72.060 Perjury and false swearing – Retraction. 9A.72.070 Perjury and false swearing – Irregularities no defense. 9A.72.080 Statement of what one does not know to be true. 9A.72.085 Unsworn statements, certification – Standards for subscribing to an unsworn statement. 9A.72.120 Tampering with a witness. 9A.72.140 Jury tampering. 9A.72.150 Tampering with physical evidence. 9A.76.010 Definitions. 9A.76.023 Disarming a law enforcement or corrections officer. 9A.76.025 Disarming a law enforcement or corrections officer – Commission of another crime. 9A.76.027 Law enforcement or corrections officer engaged in criminal conduct. 9A.76.030 Refusing to summon aid for a peace officer. 9A.76.040 Resisting arrest. 9A.76.050 Rendering criminal assistance – Definition of term. 9A.76.060 Relative defined. 9A.76.070 Rendering criminal assistance in the first degree. 9A.76.080 Rendering criminal assistance in the second degree. 9A.76.090 Rendering criminal assistance in the third degree. 30 19 Criminal Code Amendments 2015 State Legislative Session 9A.76.100 Compounding. 9A.76.150 Introducing contraband in the second degree. 9A.76.160 Introducing contraband in the third degree. 9A.76.170 Bail jumping. 9A.76.175 Making a false or misleading statement to a public servant. 9A.76.177 Amber alert – Making a false or misleading statement to a public servant. 9A.76.200 Harming a police dog, accelerant detection dog, or police horse—Penalty. 9A.80.010 Official misconduct. 9A.82.010 Definitions. 9A.82.045 Collection of unlawful debt. 9A.82.055 Trafficking in stolen property in the second degree. 9A.82.070 Influencing outcome of sporting event. 9A.82.080 Use of proceeds of criminal profiteering—Controlling enterprise or realty—Conspiracy or attempt. 9A.82.100 Remedies and procedures. 9A.82.120 Criminal profiteering lien—Authority, procedures. 9A.82.130 Criminal profiteering lien—Trustee of real property. 9A.82.160 Criminal profiteering lien – Trustee’s failure to comply, evasion of procedures or lien. 9A.82.170 Financial institution records—Inspection and copying— Wrongful disclosure. 9A.84.010 Criminal mischief. 9A.84.020 Failure to disperse. 9A.84.040 False reporting. 9A.86.010 Disclosing intimate images 9A.88.010 Indecent exposure. 9A.88.030 Prostitution. 9A.88.040 Prosecution for prostitution under RCW 9A.88.030— Affirmative defense. 9A.88.050 Prostitution – Sex of parties immaterial – No defense. 9A.88.060 Promoting prostitution – Definitions.9A.88.080 Promoting prostitution in the second degree. 9A.88.085 Promoting travel for prostitution. 9A.88.090 Permitting prostitution. 9A.88.110 Patronizing a prostitute. 9A.88.120 Additional fee assessments. 9A.88.130 Additional requirements. 9A.88.140 Vehicle impoundment – Fees – Fines. 9A.88.150 Seizure and forfeiture. 31 20 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.080. RCW Title 10, 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 same force and effect as if set forth herein in full: RCW 10.01.070 Corporations—Amenable to criminal process—How. 10.01.090 Corporations—Judgment against. 10.01.100 Corporations—Penalties—Fines in lieu of other punishments. 10.01.180 Fine or costs—Default in payment—Contempt of court— Enforcement, collection procedures. 10.14.120 Disobedience of order – Penalties. 10.14.170 Criminal penalty. 10.31.030 Service – How – Warrant not in possession, procedure – Bail. 10.31.040 Officer may break and enter. 10.31.050 Officer may use force. 10.31.060 Arrest by telegraph or teletype. 10.31.100 Arrest without warrant. 10.31.110 Arrest—Individuals with mental disorders. 10.66.010 Definitions. 10.66.020 When order may be issued. 10.66.040 Ex parte temporary order—Hearing—Notice. 10.66.050 Additional relief—PADT area. 10.66.090 Penalties. 10.66.100 Additional penalties. 10.66.110 Jurisdiction. 10.66.120 Venue. 10.79.040 Search without warrant unlawful—Penalty. 10.88.290 Rights of person arrested. 10.88.300 Delivery of person in violation of RCW 10.88.290—Penalty. 10.99.010 Purpose – Intent. 10.99.020 Definitions. 10.99.030 Law enforcement officers – Training, powers, duties – Domestic violence reports. 10.99.040 Duties of court – No-contact order. 32 21 Criminal Code Amendments 2015 State Legislative Session 10.99.045 Appearances by defendant – Defendant’s history - No-contact order. 10.99.050 Victim contact – Restriction, prohibition – Violation, penalties – Written order – Procedures – Notice of change. 10.99.055 Enforcement of orders. 10.99.060 Prosecutor’s notice to victim – Description of available procedures. 10.99.070 Liability of peace officers. 10.99.080 Penalty assessment (as amended by 2015 c 275). 10.99.100 Sentencing—Factors—Defendant's criminal history. Sec. 9.02.090. Chapter 13.32A RCW, entitled “Family Reconciliation Act” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, areis 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. 13.32A.082 Providing shelter to minor—Requirement to notify parent, law enforcement, or department. 13.32A.084 Providing shelter to minor—Immunity from liability. Sec. 9.02.100. Chapter 16.52 RCW Title 16, entitled “Prevention of Cruelty to Animals”“Animals and Livestock” – 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 16.36.116 Civil infraction—Live nonambulatory livestock—Monetary penalty—Authorization by director—Issuance of notices— Enforcement. 16.52.011 Definitions – Principles of liability. 16.52.015 Enforcement – Law enforcement agencies and animal care and control agencies. 16.52.080 Transporting or confining in unsafe manner – Penalty. 33 22 Criminal Code Amendments 2015 State Legislative Session 16.52.085 Removal of animals for feeding – Examination – Notice – Euthanasia. 16.52.090 Docking horses – Misdemeanor. 16.52.095 Cutting ears – Misdemeanor. 16.52.100 Confinement without food and water – Intervention by others. 16.52.110 Old or diseased animals at large. 16.52.117 Animal fighting – Prohibited behavior – Class C felonyOwners, trainers, spectators – Exceptions. 16.52.165 Punishment – Conviction of misdemeanor. 16.52.180 Limitations on application of chapter. 16.52.185 Exclusions from chapter. 16.52.190 Poisoning animals – Penalty. 16.52.193 Poisoning animals—Strychnine sales—Records—Report on suspected purchases. 16.52.200 Sentences – Forfeiture of animals – Liability for cost – Civil pPenalty – Education, counseling. 16.52.205 Animal cruelty in the first degree. 16.52.207 Animal cruelty in the second degree—Penalty. 16.52.210 Destruction of animal by law enforcement officer – Immunity from liability. 16.52.225 Nonambulatory livestock—Transporting or accepting delivery—Gross misdemeanor—Definition. 16.52.300 Dogs or cats used as bait – Seizure – Limitation. 16.52.305 Unlawful use of hook—Gross misdemeanor. 16.52.310 Dog breeding – Limit on the number of dogs – Required conditions – Penalty – Limitation of section – Definitions. 16.52.320 Maliciously killing or causing substantial bodily harm to livestock belonging to another—Penalty. 16.52.330 Veterinarians—Animal cruelty—Liability immunity. 16.52.340 Leave or confine any animal in unattended motor vehicle or enclosed space—Class 2 civil infraction—Officers' authority to reasonably remove animal. 16.57.010 Definitions. 16.57.120 Removal or alteration of brand—Penalty. 16.57.260 Removal of cattle or horses from state—Inspection certificate required. 16.57.267 Failure to present animal for inspection. 16.57.270 Unlawful to refuse assistance in establishing identity and ownership of livestock. 16.57.280 Possession of cattle or horse marked with another's brand— Penalty. 16.57.405 Microchip in a horse—Removal with intent to defraud—Gross misdemeanor. 16.57.440 Unlawful transport or delivery of cattle or horses. 34 23 Criminal Code Amendments 2015 State Legislative Session 16.58.170 General penalties—Subsequent offenses. 16.65.440 Penalty. 16.70.050 Violations—Penalty. Sec. 9.02.110. Chapter 17.04 RCW, entitled ”Weed districts” – 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 17.04.280 Officials of district may enter lands—Penalty for prevention. Sec. 9.02.120110. Chapter 19.48 RCW Title 19, entitled “Hotels, Lodging Houses, etc. – Restaurants” “Business Regulations – Miscellaneous” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, areis hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 19.06.010 Labels—Contents—Requirements—Prohibited acts. 19.06.030 Advertising limitations. 19.06.040 Penalty. 19.25.010 Definitions. 19.25.020 Reproduction of sound without consent of owner unlawful— Fine and penalty. 19.25.030 Use of recording of live performance without consent of owner unlawful—Fine and penalty. 19.25.040 Failure to disclose origin of certain recordings unlawful—Fine and penalty. 19.25.050 Contraband recordings—Disposition, forfeiture, penalty. 19.25.100 Truth in music advertising. 19.25.800 Chapter not applicable to broadcast by commercial or educational radio or television. 19.25.810 Chapter not applicable to certain nonrecorded broadcast use. 19.25.820 Chapter not applicable to defined public record. 35 24 Criminal Code Amendments 2015 State Legislative Session 19.27A.080 Definitions. 19.27A.090 Portable oil-fueled heaters—Sales and use—Approval required. 19.27A.100 Portable oil-fueled heaters—Requirements for approval. 19.27A.110 Portable oil-fueled heaters—Jurisdiction over approval—Sale and use governed exclusively. 19.27A.120 Violations—Penalty. 19.48.010 Definitions. 19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud – Penalty. 19.60.010 Definitions. 19.60.025 Duty to record information—Precious metal property. 19.60.042 Report to chief law enforcement officer—Precious metal dealers. 19.60.057 Retention of precious metal property—Inspection. 19.60.066 Prohibited acts—Penalty. 19.60.067 Secondhand precious metal dealers—Prohibited acts—Penalty. 19.60.077 Precious metal dealers—Licensure required. 19.60.085 Exemptions. 19.60.095 Precious metal sales—Hosted home parties. 19.68.010 Rebating prohibited—Disclosure—List of alternative facilities. 19.76.100 Labels on bottles, etc.—Filing—Publication. 19.76.110 Refilling bottles, etc.—Forbidden. 19.76.120 Refilling bottles, etc.—Possession as evidence. 19.76.130 Refilling bottles, etc.—Penalty. 19.83.010 License required to use or furnish trading stamps, coupons, or similar devices. 19.83.020 Issuance of license—Fee. 19.83.030 Furnishing or selling trading stamps, coupons, or similar devices geographically limited. 19.83.040 Coupons or similar devices—Exemptions. 19.83.050 Penalty. 19.84.010 Redeemable cash value to be printed on face. 19.84.020 Must redeem at cash value. 19.84.030 Distributor liable. 19.84.040 Criminal penalty. 19.192.010 Identification cards—Distinguishing official and not official proofs of identification—Penalties. 36 25 Criminal Code Amendments 2015 State Legislative Session 19.194.010 Recordkeeping by retail establishments—Contents— Inspection—Definitions. 19.194.030 Prohibited acts—Gross misdemeanor. 19.194.040 Application. 19.210.010 Definitions. 19.210.020 Prohibited sales. 19.210.030 Chapter not applicable—Trade show, certain persons. 19.210.040 Penalties. 19.235.010 Motion picture—Unauthorized recording—Penalty. Sec. 9.02.115. Chapter 19.290 RCW, entitled “Metal Property” – 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 19.290.010 Definitions. 19.290.020 Nonferrous metal property – Records required. 19.290.030 Metal property and metallic wire – Requirements for transactions. 19.290.040 Scrap metal businesses—Record of commercial accounts. 19.290.050 Reports to law enforcement—Records exempt from public disclosure—Private civil liability. 19.290.070 Violations – Penalty. 19.290.090 Exemptions from chapter. 19.290.100 Scrap metal license—Penalties. 19.290.110 Scrap metal license—Application, renewal—Required information. 19.290.120 Scrap metal license application—Department of licensing to issue license—Display of certificate. 19.290.230 Seizure and forfeiture. Sec. 9.02.130. Chapter 20.01 RCW, entitled “Agricultural products-Commission merchants, dealers, brokers, buyers, agents” – 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 20.01.460 Prohibited acts—Penalties. 37 26 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.140. Chapter 22.32 RCW, entitled “General Penalties” – 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 22.32.010 Warehouse operator or carrier refusing to issue receipt. 22.32.020 Fictitious bill of lading and receipt. 22.32.030 Fraudulent tampering with or mixing goods. 22.32.040 Issuance of second receipt not marked "duplicate." 22.32.050 Delivery of goods without taking up receipt. Sec. 9.02.150120. RCW Title 26, entitled “Domestic Relations” – 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 26.04.110 Penalty for failure to deliver certificates. 26.04.240 Penalty for unlawful solemnization—Code 1881. 26.04.250 Penalty for unlawful solemnization—1909 c 249. 26.09.300 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity. 26.10.220 Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense – Peace officers, immunity. 26.20.030 Family abandonment—Penalty—Exception. 26.20.035 Family nonsupport—Penalty—Exception. 26.20.071 Evidence—Spouse or domestic partner as witness. 26.20.080 Proof of wilfulness—Application of penalty provisions. 26.26.138 Restraining order – Knowing violation – Penalty – Law enforcement immunity. 26.26.210 Surrogate parenting—Definitions. 26.26.220 Surrogate parenting—Persons excluded from contracting. 26.26.230 Surrogate parenting—Compensation prohibited. 26.26.240 Surrogate parenting—Contract for compensation void. 38 27 Criminal Code Amendments 2015 State Legislative Session 26.26.250 Surrogate parenting—Provisions violated—Penalty. 26.26.450 Confidentiality of genetic testing—Penalty. 26.28.060 Child labor—Penalty. 26.28.070 Certain types of employment prohibited—Penalty. 26.28.080 Selling or giving tobacco to minor – Belief of representative capacity, no defense – Penalty. 26.28.085 Applying tattoo to a minor – Penalty. 26.33.370 Permanent care and custody of a child—Assumption, relinquishment, or transfer except by court order or statute, when prohibited—Penalty. 26.34.010 Compact enacted—Provisions. 26.34.030 "Appropriate public authorities" defined. 26.34.040 "Appropriate authority of the receiving state" defined. 26.34.070 "Executive head" defined—Compact administrator. 26.34.080 Violations—Penalty. 26.44.015 Limitations of chapter. 26.44.020 Definitions. 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 – Investigations - Interviews of children – Records – Risk assessment process – Reports to legislature. 26.44.040 Reports – Oral, written – Contents. 26.44.060 Immunity from civil or criminal liability – Confidential communications not violated – Actions against state not affected – False report, penalty. 26.44.063 Temporary restraining order or preliminary injunction – Enforcement – Notice of modification or termination of restraining order. 26.44.067 Temporary restraining order or preliminary injunction – Contents – Notice – Noncompliance – Defense – Penalty. 26.44.080 Violation—Penalty. 26.44.150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child – Penalty for violating court order. 26.44.080 Violation – penalty. 26.50.010 Definitions. 26.50.110 Violation of order – Penalties. 26.50.120 Violation of order—Prosecuting attorney or attorney for municipality may be requested to assist—Costs and attorney's fee. 26.50.140 Peace officers – Immunity. 39 28 Criminal Code Amendments 2015 State Legislative Session 26.50.250 Disclosure of information. 26.52.010 Definitions. 26.52.020 Foreign protection orders – Validity. 26.52.050 Peace officer immunity. 26.52.070 Violation of foreign orders – Penalties. Sec. 9.02.160. RCW Title 27, entitled “Libraries, Museums, and Historical Activities” – 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 27.12.010 Definitions. 27.12.330 Penalty for injury to property. 27.12.340 Wilfully retaining books—Infraction. 27.44.040 Protection of Indian graves—Penalty. 27.44.055 Skeletal human remains—Duty to notify—Ground disturbing activities—Coroner determination—Definitions. 27.53.030 Definitions. 27.53.040 Archaeological resources—Declaration. 27.53.045 Abandoned archaeological resources—Declaration. 27.53.060 Disturbing archaeological resource or site—Permit required— Conditions—Exceptions—Penalty. 27.53.090 Violations—Penalty. Sec. 9.02.170130. Chapter 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.635.010 Abusing or insulting teachers, liability for—Penalty. 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when – Penalty. 28A.635.030 Disturbing school, school activities or meetings—Penalty. 40 29 Criminal Code Amendments 2015 State Legislative Session 28A.635.040 Examination questions – Disclosing – Penalty. 28A.635.050 Certain corrupt practices of school officials – Penalty. 28A.635.070 Property, failure of officials or employees to account for— Mutilation by—Penalties. 28A.635.090 Interference by force or violence – Penalty. 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful – Penalty. 28A.635.110 Violations under RCW 28A.635.090 and RCW 28A.635.100 – Disciplinary authority exception. Sec. 9.02.180. Chapter 29A.84 RCW, entitled “Crimes and Penalties” – 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 29A.84.020 Violations by officers. 29A.84.040 Political advertising, removing or defacing. 29A.84.050 Tampering with registration form, ballot declaration. 29A.84.110 Officials' violations. 29A.84.120 Disenfranchisement or discrimination. 29A.84.130 Voter violations. 29A.84.140 Unqualified registration. 29A.84.150 Misuse, alteration of registration database. 29A.84.210 Violations by officers. 29A.84.220 Violations—Corrupt practices—Recall petitions. 29A.84.230 Violations by signers—Initiative, referendum petitions— Penalty. 29A.84.240 Violations by signers, officers—Recall petitions—Penalty. 29A.84.250 Violations—Corrupt practices—Initiative, referendum petitions. 29A.84.261 Petitions—Improperly signing. 29A.84.311 Candidacy declarations, nominating petitions. 29A.84.410 Unlawful appropriation, printing, or distribution. 29A.84.420 Unauthorized examination of ballots, election materials— Revealing information. 29A.84.510 Acts prohibited in voting center—Prohibited practices. 29A.84.520 Electioneering at voting center or ballot drop location by election officers forbidden. 29A.84.530 Refusing to leave voting booth. 29A.84.540 Ballots—Removing from voting center or ballot drop location. 29A.84.545 Paper record from direct recording electronic voting device— Removing from voting center. 41 30 Criminal Code Amendments 2015 State Legislative Session 29A.84.550 Tampering with materials. 29A.84.560 Voting machines, devices—Tampering with—Extra keys. 29A.84.610 Deceptive, incorrect vote recording. 29A.84.620 Hindering or bribing voter. 29A.84.630 Influencing voter to withhold vote. 29A.84.640 Solicitation of bribe by voter. 29A.84.650 Repeaters. 29A.84.655 Tabulation of invalid ballots. 29A.84.660 Unqualified persons voting. 29A.84.680 Ballots—Violation. 29A.84.711 Documents regarding nomination, election, candidacy—Frauds and falsehoods. 29A.84.720 Officers—Violations generally. 29A.84.730 Divulging ballot count. Sec. 9.02.190. RCW Title 30A, entitled “Washington Commercial Bank 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 30A.04.010 Definitions. 30A.04.020 Use of words indicating bank or trust company—Penalty. 30A.04.075 Examination reports and information—Confidentiality— Disclosure—Penalty. 30A.04.260 Legal services, advertising of—Penalty. 30A.04.405 Bank acquisition or control—Notice or application— Registration statement—Violations—Penalties. 30A.12.047 Removal of a director, officer, or employee of a bank or holding company—Violation of final order—Penalty. 30A.12.110 Commission, etc., for procuring loan—Penalty. 30A.12.190 General penalty—Effect of conviction. 30A.16.010 Certification—Effect—Penalty. 30A.42.290 Compliance—Violations—Penalties. Sec. 9.02.200. Chapter 30B.10 RCW, entitled “Director’s authority – Supervision and examination - Enforcement” – Adoption by reference.The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted 42 31 Criminal Code Amendments 2015 State Legislative Session by reference and shall be given the same force and effect as if set forth herein in full: RCW 30B.10.100 Effect of final orders against officers, directors, employees, and agents. Sec. 9.02.210. RCW Title 31, entitled “Miscellaneous Loan Agencies” – 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 31.04.027 Violations of chapter. 31.04.175 Violations—No penalty prescribed—Gross misdemeanor—Good faith exception. 31.12.565 Examination reports and specified other information confidential—Exceptions—Penalty. 31.45.105 Violations of chapter—Enforceability of transaction 31.45.180 Violation—Misdemeanor Sec. 9.02.220. RCW Title 32, entitled “Washington Savings Bank 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 32.04.130 General penalty. 32.04.220 Examination reports and other information—Confidential— Privileged—Penalty. 32.16.097 Penalty for violation of order issued under RCW 32.16.093. 32.32.228 Acquisition of control of a converted savings bank—State reciprocity—Definitions. 43 32 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.230. RCW Title 33, entitled “Washington Savings Associations 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 33.04.110 Examination reports and information—Confidential and privileged—Exceptions, limitations and procedure—Penalty. 33.08.010 Compliance required—Use of words in name or advertising— Penalty—Saving. 33.24.360 Acquisition of control of association—Unlawful, when— Application—Contents—Notice to other associations—Penalty. 33.36.010 Illegal loans or investments. 33.36.020 Purchase at discount of accounts or certificates. 33.36.030 Preference in case of insolvency. 33.36.040 Falsification of books—Exhibiting false document—Making false statement of assets or liabilities. 33.36.050 False statement affecting financial standing. 33.36.060 Suppressing, secreting, or destroying evidence or records. Sec. 9.02.240. RCW Title 35, entitled “Cities and Towns” – 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 35.17.150 Officers and employees—Passes, free services prohibited, exceptions—Penalty. 35.32A.090 Budget mandatory—Other expenditures void—Liability of public officials—Penalty. 35.33.170 Violations and penalties. 35.34.280 Violations and penalties. 35.67.350 Penalty for sewer connection without permission. 44 33 Criminal Code Amendments 2015 State Legislative Session 35.75.020 Use of bicycle paths for other purposes prohibited. Sec. 9.02.250. RCW Title 35A, entitled “Optional Municipal 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 35A.33.160 Violations and penalties. 35A.34.280 Violations and penalties. Sec. 9.02.260. RCW Title 36, entitled “Counties” – 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 36.13.070 County census authorized—Penalty. 36.28.060 Duplicate receipts—Penalties. 36.29.060 Warrant calls—Penalty for failure to call. 36.32.210 Inventory of county capitalized assets—County commission inventory statement—Filing and public inspection—Penalty— Prosecutions—Taxpayer's action. 36.40.240 Penalty. 36.43.040 Penalty for violation of code or regulation. 36.49.070 Penalty. 36.58.020 Rules and regulations as to use—Penalty. 36.68.080 Penalty for violations of regulations. 45 34 Criminal Code Amendments 2015 State Legislative Session 36.69.180 Violation of rules—Penalty. 36.71.060 Peddler's license—Penalty for peddling without license. 36.71.070 Hawkers, auctioneers, and barterers must procure license— Exceptions. 36.75.130 Approaches to county roads—Rules regarding construction— Penalty. 36.75.270 Limitation of type or weight of vehicles authorized—Penalty. 36.75.290 General penalty. 36.86.060 Restrictions on use of oil at intersections or entrances to county roads. 36.95.190 Penalty for false statement as to tax exemption. Sec. 9.02.270. RCW Title 38, entitled “Militia and Military Affairs” – 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 38.32.090 Penalty for physician making false certificate. 38.32.100 Buying and receiving military property. 38.32.120 Authority of commanding officer. 38.40.040 Interference with employment—Penalty. 38.40.050 Discharge from employment—Penalty. 38.40.110 Employment or membership in other organizations— Discrimination prohibited—Penalty—Civil cause of action. 38.40.120 Authorized military organizations. 38.42.050 Protection of service members and their dependents against default judgments. 38.42.150 Civil investigative demands—Standards—Limitations— Enforcement. Sec. 9.02.280. RCW Title 39, entitled “Public Contracts and Indebtedness” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to 46 35 Criminal Code Amendments 2015 State Legislative Session time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 39.04.110 Penalty for false entries. 39.84.050 Public corporations—Directors—Conflicts of interest. 39.110.020 Economic development finance authority—Creation— Dissolution—Requirements—Penalty. Sec. 9.02.290. Chapter 40.16 RCW, entitled “Penal provisions” – 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 40.16.010 Injury to public record. 40.16.030 Offering false instrument for filing or record. Sec. 9.02.300. RCW Title 41, entitled “Public Employment, Civil Service, and Pensions” – 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 41.08.210 Penalty—Jurisdiction. 41.12.210 Penalty—Jurisdiction. 41.14.220 Penalty—Jurisdiction. 41.32.055 Falsification—Penalty. 41.35.120 False statements—Penalty. 41.37.120 False statements—Penalty. 41.40.055 Penalty for false statements. 47 36 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.310. RCW Title 42, entitled “Public Officers and Agencies” – 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 42.17A.750 Civil remedies and sanctions—Referral for criminal prosecution. 42.20.020 Powers may not be delegated for profit. 42.20.030 Intrusion into and refusal to surrender public office. 42.20.040 False report. 42.20.050 Public officer making false certificate. 42.20.060 Falsely auditing and paying claims. 42.20.080 Other violations by officers. 42.20.090 Misappropriation, etc., by treasurer. 42.20.100 Failure of duty by public officer a misdemeanor. 42.20.110 Improper conduct by certain justices. 42.24.100 Municipal corporations and political subdivisions—Certificates need not be sworn—Penalty for false claim. 42.24.110 Municipal corporations and political subdivisions—Approving or paying false claim—Penalties. 42.44.160 Official misconduct—Penalty. Sec. 9.02.320. RCW Title 43, entitled “State Government - Executive” – 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 43.01.100 Application forms—Employment—Licenses—Mention of race or religion prohibited—Penalty. 43.04.090 Criminal penalty. 43.06.220 State of emergency—Powers of governor pursuant to proclamation. 48 37 Criminal Code Amendments 2015 State Legislative Session 43.06.240 State of emergency—Disorderly conduct after emergency proclaimed—Penalty. 43.06.250 State of emergency—Refusing to leave public way or property when ordered—Penalty. 43.07.210 Filing false statements—Penalty. 43.12.065 Rules pertaining to public use of state lands—Enforcement— Penalty. 43.21G.100 Penalty. 43.22.300 Compelling attendance of witnesses and testimony—Penalty. 43.22.310 Access to plants—Penalty for refusal. 43.22.340 Manufactured homes, mobile homes, recreational vehicles— Safety rules—Compliance—Penalty. 43.22.433 Violations—Penalties. 43.22.490 Factory built housing and commercial structures, regulating installation of—Violation as misdemeanor—Penalty. 43.22A.170 Notice of infraction. 43.37.200 Penalty. 43.43.320 Penalty for falsification. 43.43.690 Crime laboratory analysis fee—Court imposition—Collection. 43.43.754 DNA identification system—Biological samples—Collection, use, testing—Scope and application of section. 43.43.810 Obtaining information by false pretenses—Unauthorized use of information—Falsifying records—Penalty. 43.70.185 Inspection of property where marine species located— Prohibitions on harvest or landing—Penalties. 43.88.270 Penalty for violations. 43.215.340 Operating without a license—Penalty. 43.320.090 Borrowing money by director, deputy, or employee—Penalty. 49 38 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.330. Chapter 44.16 RCW, entitled “Legislative Inquiry” – 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 44.16.120 Punishment of recalcitrant witness. Sec. 9.02.340. RCW Title 46, entitled “Motor Vehicles” – 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 46.12.610 Contaminated vehicles. 46.16A.050 Registration—Requirements before issuance—Penalty—Rules. 46.16A.070 Registration—Cancellation, refusal, etc.—Appeals. 46.19.010 Criteria for natural persons—Application—Identification cards, placards, and license plates. 46.20.091 Application—Penalty for false statement—Driving records from and to other jurisdictions. 46.29.610 Surrender of license—Penalty. 46.29.620 Forged proof—Penalty. 46.35.030 Confidential information—Exceptions—Penalty. 46.52.130 Abstract of driving record—Access—Fee—Violations. 46.55.300 Vehicle immobilization. 46.68.010 Refunds, overpayments, and underpayments—Penalty for false statements. 46.70.021 License required for dealers or manufacturers—Penalties. 46.70.051 Issuance of license—Private party dissemination of vehicle database. 50 39 Criminal Code Amendments 2015 State Legislative Session 46.70.140 Handling "hot" vehicles—Unreported motor "switches"— Unauthorized use of dealer plates—Penalty. 46.70.170 Penalty for violations. 46.72.100 Unprofessional conduct—Bond/insurance policy—Penalty. 46.72A.060 Insurance—Amount—Penalty. 46.72A.070 Vehicle certificates—Issuance of new or duplicate certificate— Penalty. 46.80.020 License required—Penalty. 46.80.080 Records—Penalty. 46.80.110 License penalties, civil fines, criminal penalties. 46.80.130 All storage at place of business—Screening required—Penalty. 46.80.170 Violations—Penalties. 46.82.390 Penalty. 46.87.290 Refusal, cancellation of application, cab card—Procedures, penalties. Sec. 9.02.350. RCW Title 47, entitled “Public Highways and Transportation” – 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 47.04.090 Penalty. 47.08.110 Misuse of county or city road funds—General penalty. 47.38.010 Rules governing use and control of rest areas, historic sites, viewpoints, etc.—Penalties. 47.40.080 Penalty for destroying native flora on state lands, highways, parks. 47.41.070 Violations—Penalty—Abatement as public nuisance. 47.42.080 Public nuisance—Abatement—Penalty. 47.44.060 Penalties. 51 40 Criminal Code Amendments 2015 State Legislative Session 47.48.040 Penalty. 47.48.050 Transportation of radioactive or hazardous cargo—Definition— Violation, penalty. 47.68.220 Operating aircraft recklessly or under influence of intoxicants or drugs. 47.68.230 Aircraft, airman, and airwoman certificates required. 47.68.240 Penalties for violations. 47.68.255 Evasive registration. Sec. 9.02.360. RCW Title 48, entitled “Insurance” – 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 48.01.080 Penalties. 48.07.060 Corrupt practices—Penalty. 48.08.040 Illegal dividends, reductions—Penalty against directors. 48.15.180 Surplus line broker's fiduciary capacity—Violations. 48.17.480 Reporting and accounting for premiums. 48.17.600 Separation of premium funds. 48.18.070 Alteration of application. 48.18.180 Stated premium must include all charges. 48.30.110 Contributions to candidates for insurance commissioner. 48.30.190 Illegal dealing in premiums. 48.30.210 Misrepresentation in application for insurance. 48.30.220 Destruction, injury, secretion, etc., of property. 48.30.230 False claims or proof—Penalty. 48.30A.015 Unlawful acts—Penalties. 48.31.105 Conduct of proceedings—Requirement to cooperate— Definitions—Violations—Penalties. 48.36A.360 Penalties. 52 41 Criminal Code Amendments 2015 State Legislative Session 48.44.015 Registration by health care service contractors required— Penalty. 48.44.060 Penalty. 48.46.027 Registration, required—Issuance of securities—Penalty. 48.46.420 Penalty for violations. 48.56.030 License—Required—Fees—Information to be furnished— Penalty. 48.80.030 Making false claims, concealing information—Penalty— Exclusions. Sec. 9.02.370. RCW Title 49, entitled “Labor Regulations” – 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 49.12.130 Witness protected—Penalty. 49.12.170 Penalty. 49.12.175 Wage discrimination due to sex prohibited—Penalty—Civil recovery. 49.12.410 Child labor laws—Violations—Criminal penalties. 49.17.190 Violations—Criminal penalties. 49.24.060 Penalty. 49.24.380 Penalty. 49.26.140 Asbestos projects—Enforcement—Penalties. 49.28.010 Eight hour day, 1899 act—Public works contracts—Emergency overtime—Penalty. 49.28.080 Hours of domestic employees—Exception—Penalty. 49.28.100 Hours of operators of power equipment in waterfront operations—Penalty. 49.38.060 Penalty. 49.40.030 Fraud in securing advances—Penalty. 49.44.010 Blacklisting—Penalty. 53 42 Criminal Code Amendments 2015 State Legislative Session 49.44.020 Bribery of labor representative. 49.44.030 Labor representative receiving bribe. 49.44.040 Obtaining employment by false letter or certificate. 49.44.050 Fraud by employment agent. 49.44.060 Corrupt influencing of agent. 49.44.080 Endangering life by refusal to labor. 49.44.100 Bringing in out-of-state persons to replace employees involved in labor dispute—Penalty. 49.44.120 Requiring lie detector tests—Penalty. 49.46.100 Prohibited acts of employer—Penalty. 49.48.020 Penalty for noncompliance with RCW 49.48.010 through 49.48.030 and 49.48.060. 49.48.040 Enforcement of wage claims—Issuance of subpoenas— Compliance. 49.52.050 Rebates of wages—False records—Penalty. 49.52.090 Rebates of wages on public works—Penalty. 49.60.310 Misdemeanor to interfere with or resist commission. 49.60.360 Refueling services for disabled drivers—Violation— Investigation—Intentional display of plate or placard invalid or not legally issued prohibited—Fine—Notice to disabled persons. Sec. 9.02.380. RCW Title 50, entitled “Unemployment Compensation” – 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 50.36.010 Violations generally. 50.36.020 Violations by employers. 50.36.030 Concealing cause of discharge. 50.40.010 Waiver of rights void. Sec. 9.02.390. RCW Title 51, entitled “Industrial Insurance” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are 54 43 Criminal Code Amendments 2015 State Legislative Session hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 51.14.100 Notice of compliance to be posted—Penalty. 51.16.140 Premium liability of worker. 51.48.020 Employer's false reporting or failure to secure payment of compensation—False information by claimants—Unlawful actions—Penalties. 51.48.040 Inspection of employer's records. 51.48.050 Liability for illegal collections for medical aid. 51.48.103 Engaging in business without certificate of coverage—Unlawful actions—Penalties. 51.48.270 Criminal liability of persons making false statements or concealing information. 51.48.280 Kickbacks, bribes, and rebates—Representation fees— Criminal liability—Exceptions. 51.52.120 Attorney's fee before department or board—Unlawful attorney's fees. 51.52.132 Unlawful attorney's fees. Sec. 9.02.400. Chapter 52.12 RCW, entitled “Powers-Burning Permits” – 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 52.12.105 Burning permits—Penalty. 52.12.106 Burning permits—Penalty. 55 44 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.410. RCW Title 53, entitled “Port Districts” – 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 53.08.220 Regulations authorized—Adoption as part of ordinance or resolution of city or county, procedure—Enforcement—Penalty for violation. 53.34.190 Bylaws, rules for management, uses, charges—Penalty for violation. Sec. 9.02.420. Chapter 57.08 RCW, entitled “Powers” – 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 57.08.180 Sewer, drainage, and water connections without district permission—Penalties. Sec. 9.02.430. RCW Title 58, entitled “Boundaries and Plats” – 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 58.04.015 Disturbing a survey monument—Penalty—Cost. 58.17.300 Violations—Penalties. Sec. 9.02.440. RCW Title 59, entitled “Landlord and Tenant” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are 56 45 Criminal Code Amendments 2015 State Legislative Session hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 59.12.230 Forcible entry and detainer—Penalty. 59.18.125 Inspections by local municipalities—Frequency—Number of rental properties inspected—Notice—Appeals—Penalties. 59.21.110 Violations—Penalty. Sec. 9.02.450. RCW Title 61, entitled “Mortgages, Deeds of Trust, and Real Estate Contracts” – 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 61.12.030 Removal of property from mortgaged premises—Penalty. 61.30.150 False swearing—Penalty—Failure to comply with chapter— Liability. Sec. 9.02.460. RCW Title 63, entitled “Personal Property” – 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 63.14.170 Violations—Penalties. 63.29.340 Interest and penalties. 63.29.350 Penalty for excessive fee for locating abandoned property— Consumer protection act application. 57 46 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.470. RCW Title 64, entitled “Real Property and Conveyances” – 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 64.36.020 Registration required before advertisement, solicitation, or offer—Requirements for registration—Exemption authorized— Penalties. 64.36.210 Unlawful acts—Penalties. 64.44.040 Orders declaring property unfit and prohibiting use—City, county action—Entrance upon property prohibited. Sec. 9.02.480. RCW Title 65, entitled “Recording, Registration, and Legal Publication” – 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 65.12.730 Certificate subject of theft—Penalty. 65.12.740 Perjury. 65.12.750 Fraud—False entries—Penalty. 65.20.130 General penalties. Sec. 9.02.490140. RCW Title 66, 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: RCW 66.04.010 Definitions. 66.08.130 Inspection of books and records—Goods possessed or shipped—Refusal as violation. 58 47 Criminal Code Amendments 2015 State Legislative Session 66.08.140 Inspection of books and records—Financial dealings—Penalty for refusal. 66.12.010 Wine or beer manufactured for home use. 66.16.090 Record of individual purchases confidential—Penalty for disclosure. 66.20.100 Physician may prescribe or administer liquor—Penalty. 66.20.110 Dentist may administer liquor—Penalty. 66.20.120 Hospital, etc., may administer liquor—Penalty. 66.20.200 Unlawful acts relating to identification or certification card— Penalties. 66.20.340 Alcohol servers—Violation of rules—Penalties. 66.24.481 Public place or club—License or permit required—Penalty. 66.28.090 Licensed premises or banquet permit premises open to inspection—Failure to allow, violation. 66.28.200 Keg registration – Special endorsement for grocery store licensee – Requirements of seller. 66.28.210 Keg registration – Requirements of purchaser. 66.28.220 Keg registration – Identification of containers – Rules – Fees – Sale in violation of rules unlawful. 66.28.230 Keg registration – Furnishing to minors – Penalties. 66.28.250 Keg registration – Violation constitutes gross misdemeanor. 66.44.010 Local officers to enforce law – Authority of board – Liquor enforcement officers. 66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc. 66.44.060 Proof of unlawful sale establishes prima facie intent. 66.44.070 Certified analysis is prima facie evidence of alcoholic content. 66.44.080 Service of process on corporation. 66.44.090 Acting without license. 66.44.100 Opening or consuming liquor in a public place – Penalty. 66.44.120 Unlawful use of seal. 66.44.130 Sales of liquor by drink or bottle. 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash. 66.44.150 Buying liquor illegally. 66.44.160 Illegal possession, transportation of alcoholic beverages. 66.44.170 Illegal possession of liquor with intent to sell – Prima facie evidence, what is. 66.44.175 Violations of law. 66.44.180 General penalties – Jurisdiction for violations. 59 48 Criminal Code Amendments 2015 State Legislative Session 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. 66.44.210 Obtaining liquor for ineligible person. 66.44.240 Drinking in public conveyance – Penalty against carrier – Exception. 66.44.250 Drinking in public conveyance – Penalty against individual – Restricted application.2 66.44.270 Furnishing liquor to minors – Possession, use – Penalties - Exhibition of effects – Exceptions. 66.44.280 Minor applying for permit. 66.44.290 Minor purchasing or attempting to purchase liquor – Penalty. 66.44.291 Minor purchasing or attempting to purchase liquor – Penalty against persons between ages of eighteen and twenty, inclusive. 66.44.292 Sales to minors by licensee or employee—Board notification to prosecuting attorney to formulate charges against minors. 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. 66.44.310 Minors frequenting off-limits area – Misrepresentation of age – Penalty – Classification of licensees. 66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. 66.44.318 Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine. 66.44.325 Unlawful transfer to a minor of age an identification of age. 66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card – Penalty. 66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers. 66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers. 66.44.370 Resisting or opposing officers in enforcement of title. 66.44.380 Powdered alcohol. 2 RCW 66.44.240 and RCW 66.44.250 are adopted through the Model Traffic Code in Ch. 308-330 WAC, which Kent has adopted by reference through its traffic code in Ch. 9.36 KCC. 60 49 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.500. RCW Title 67, entitled “Sports and Recreation – Convention Facilities” – 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 67.04.010 Penalty for bribery in relation to baseball game. 67.04.020 Penalty for acceptance of bribe. 67.04.050 Corrupt baseball playing—Penalty. 67.04.150 Contract with minor—Penalty for violation. 67.08.015 Duties of department—Exemptions—Rules. 67.08.140 Penalty for conducting events without license—Penalty. 67.08.150 General penalty. 67.14.060 Liquor sales, keeping games, without license—Penalty. 67.16.060 Prohibited practices—Parimutuel system permitted—Race meet as public nuisance. 67.42.070 Penalty. 67.70.120 Sale to minor prohibited—Exception—Penalties. 67.70.150 Penalty for false or misleading statement or entry or failure to produce documents. 67.70.160 Penalty for violation of chapter—Exceptions. 67.70.170 Penalty for violation of rules—Exceptions. 67.70.180 Persons prohibited from purchasing tickets or shares or receiving prizes—Penalty. Sec. 9.02.510. RCW Title 68, entitled “Cemeteries, Morgues, and Human Remains” – 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 68.05.115 Sale or transfer of cemetery authority or creation of a new cemetery—Penalty for noncompliance. 68.05.240 Interment, certificate of authority required—Penalty. 68.05.330 Violation—Penalty—Unfair practice—Other laws applicable. 61 50 Criminal Code Amendments 2015 State Legislative Session 68.05.390 Permit or endorsement required for cremation—Penalty. 68.24.130 Sale for resale prohibited—Penalty. 68.24.140 Commission on sales prohibited—Penalty. 68.24.150 Unlawful employment of others to dispose of human remains. 68.24.190 Opening road through cemetery—Penalty. 68.28.060 Improper construction a nuisance—Penalty. 68.40.085 Representing fund as perpetual—Penalty. 68.40.090 Penalty. 68.44.060 Unauthorized loans—Penalty. 68.50.020 Notice to coroner—Penalty. 68.50.050 Removal or concealment of body—Penalty. 68.50.100 Dissection, when permitted—Autopsy of person under the age of three years. 68.50.108 Autopsies, postmortems—Consent to embalm or cremate body—Time limitation. 68.50.120 Holding body for debt—Penalty. 68.50.130 Unlawful disposal of remains. 68.50.140 Unlawful disturbance, removal, or sale of human remains— Penalty. 68.50.185 Individual cremation—Exception—Penalty. 68.50.645 Skeletal human remains—Duty to notify—Ground disturbing activities—Coroner determination—Definitions. 68.56.010 Unlawful damage to graves, markers, shrubs, etc.— Interfering with funeral. 68.56.040 Nonconforming cemetery a nuisance—Penalty. 68.56.050 Defendant liable for costs. 68.60.040 Protection of cemeteries—Penalties. 68.60.050 Protection of historic graves—Penalty. 68.60.055 Skeletal human remains—Duty to notify—Ground disturbing activities—Coroner determination—Definitions. 68.64.150 Illegal purchases or sales—Felony. 68.64.160 Illegal financial gain—Altering a document, amendment, or revocation of gift—Felony. Sec. 9.02.520150. RCW Title 69, entitled “Food, Drugs, Cosmetics, and Poisons” – Adoption by reference.The following RCW sections, as currently enacted or as hereafter amended or recodified 62 51 Criminal Code Amendments 2015 State Legislative Session 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 69.04.040 Prohibited acts. 69.04.060 Criminal penalty for violations. 69.04.070 Additional penalty. 69.04.933 Food fish and shellfish labeling—Identification of species— Exceptions—Penalty. 69.04.934 Salmon labeling—Identification as farm-raised or commercially caught—Exceptions—Penalty. 69.04.938 Misbranding of food fish or shellfish—Penalties. 69.06.060 Penalty. 69.07.150 Violations—Penalties. 69.22.090 Penalties. 69.25.150 Penalties—Liability of employer—Defense. 69.28.185 Penalty. 69.30.140 Penalties. 69.36.060 Penalty. 69.38.040 Inspection of poison register—Penalty for failure to maintain register. 69.38.050 False representation—Penalty. 69.38.060 Manufacturers and sellers of poisons—License required— Penalty. 69.40.055 Selling repackaged poison without labeling—Penalty. 69.41.010 Definitions. 69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited – Exceptions – Penalty. 69.41.050 Labeling requirements – Penalty. 69.41.060 Search and seizure. 69.41.072 Violations of Chapter 69.50 RCW not to be charged under Chapter 69.41 RCW – Exception. 69.41.170 Coercion of pharmacist prohibited—Penalty. 69.41.320 Practitioners – Restricted use – Medical records. 69.41.350 Penalties. 63 52 Criminal Code Amendments 2015 State Legislative Session 69.43.010 Report to pharmacy quality assurance commission – List of substances – Modification of list – Identification of purchasers – Report of transactions – Penalties. 69.43.020 Receipt of substance from source outside state – Report – Penalty. 69.43.030 Exemptions. 69.43.035 Suspicious transactions – Report – Penalty. 69.43.040 Reporting form. 69.43.043 Recordkeeping requirements – Penalty. 69.43.048 Reporting and recordkeeping requirements – Submission of computer readable data, copies of federal reports. 69.43.080 False statement in report or record – Class C felony. 69.43.090 Permit to sell, transfer, furnish, or receive substance – Exemptions – Application for permit – Fee – Renewal – Penalty. 69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Record of transaction – Exceptions – Penalty. 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine – Sales restrictions – Electronic sales tracking system – Penalty. 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine – Possession of more than fifteen grams – Penalty – Exceptions. 69.43.130 Exemptions – Pediatric products – Products exempted by the pharmacy quality assurance commission. 69.43.135 Iodine, methylsulfonylmethane—Sales restrictions— Recording of transactions—Penalties. 69.50.101 Definitions. 69.50.102 Drug paraphernalia – Definitions. 69.50.202 Nomenclature. 69.50.204 Schedule I. 69.50.206 Schedule II. 69.50.208 Schedule III. 69.50.210 Schedule IV. 69.50.212 Schedule V. 69.50.315 Medical assistance—Drug-related overdose—Prosecution for possession. 69.50.401 Prohibited acts: A – Penalties. 69.50.4011 Counterfeit substances – Penalties. 69.50.4012 Delivery of substance in lieu of controlled substance – Penalty. 69.50.4013 Possession of controlled substance – Penalty – Possession of useable marijuana, marijuana concentrates, or marijuana- infused products. 69.50.4014 Possession of forty grams or less of marijuanamarihuana – Penalty. 64 53 Criminal Code Amendments 2015 State Legislative Session 69.50.4015 Involving a person under eighteen in unlawful controlled substance transaction – Penalty. 69.50.4016 Provisions not applicable to offenses under RCW 69.50.410. 69.50.402 Prohibited acts: B – Penalties. 69.50.403 Prohibited acts: C – Penalties. 69.50.404 Penalties under other laws. 69.50.405 Bar to prosecution. 69.50.407 Conspiracy. 69.50.408 Second or subsequent offenses. 69.50.410 Prohibited acts: D—Penalties. 69.50.412 Prohibited acts: E – Penalties. 69.50.4121 Drug paraphernalia – Selling or giving – Penalty. 69.50.416 Counterfeit substances prohibited – Penalties. 69.50.425 Misdemeanor violations – Minimum penalties. 69.50.435 Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction— Definitions. 69.50.445 Opening package of or consuming marijuana, useable marijuana, or marijuana-infused products, or marijuana concentrates in view of general public or public place – Penalty. 69.50.450 Butane or other explosive gases. 69.50.465 Conducting or maintaining marijuana club—Penalty. 69.50.505 Seizure and forfeiture. 69.50.506 Burden of proof; liabilities. 69.50.509 Search and seizure of controlled substances. 69.50.510 Search and seizure at rental premises—Notification of landlord. 69.50.560 Controlled purchase programs—Persons under age twenty- one—Violation—Criminal penalty—Exceptions. 69.51A.005 Purpose and intent. 69.51A.010 Definitions. 69.51A.030 Acts not constituting crimes or unprofessional conduct— Health care professionals not subject to penalties or liabilities. 69.51A.040 Compliance with chapter—Qualifying patients and designated providers not subject to penalties—Law enforcement not subject to liability. 69.51A.043 Failure to register—Affirmative defense. 69.51A.045 Possession of plants, marijuana concentrates, useable marijuana, or marijuana-infused products exceeding lawful amount—Affirmative defense. 69.51A.050 Medical marijuana, lawful possession—State not liable. 69.51A.055 Limitations of chapter—Persons under supervision. 69.51A.060 Crimes—Limitations of chapter. 69.51A.085 Collective gardens. 65 54 Criminal Code Amendments 2015 State Legislative Session 69.51A.130 State and municipalities—Not subject to liability. 69.51A.210 Qualifying patients or designated providers—Authorization— Health care professional may include recommendations on amount of marijuana. 69.51A.240 Unlawful actions—Criminal penalty. 69.51A.260 Housing unit—No more than fifteen plants may be grown or located—Exception—Civil penalties. 69.52.010 Legislative findings. 69.52.020 Definitions. 69.52.030 Violations—Exceptions. 69.52.040 Seizure of contraband. 69.52.045 Seizure at rental premises—Notification of landlord. 69.52.070 Violations—Juvenile driving privileges. 69.53.010 Unlawful use of building for drug purposes—Liability of owner or manager—Penalty. 69.53.020 Unlawful fortification of building for drug purposes—Penalty. 69.53.030 Unlawful use of fortified building—Penalty. 69.55.010 Theft of ammonia. 69.55.020 Unlawful storage of ammonia. 69.55.030 Damages—Liability. Effective July 1, 2015, the following statutory provisions shall apply and be enforced within the city of Kent: 69.75.010 Definitions. 69.75.020 Retail sales – Proof of age from purchaser – Unlawful acts, exceptions – Penalties. 69.75.040 Construction of chapter. 69.75.050 Preemption. 69.90.010 Definitions. 69.90.020 Sale of "kosher" and "kosher style" food products prohibited if not kosher—Representations—Penalty. 66 55 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.530160. RCW Title 70, 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 70.02.330 Obtaining confidential records under false pretenses— Penalty. 70.05.120 Violations—Remedies—Penalties. 70.24.022 Interviews, examination, counseling, or treatment of infected persons or persons believed to be infected—Dissemination of false information—Penalty. 70.24.080 Penalty. 70.28.033 Treatment, isolation, or examination order of health officer— Violation—Penalty. 70.41.170 Operating or maintaining unlicensed hospital or unapproved tertiary health service—Penalty. 70.42.180 Operating without a license—Injunctions or other remedies— Penalty. 70.54.010 Polluting water supply—Penalty. 70.54.020 Furnishing impure water—Penalty. 70.54.030 Pollution of watershed of city in adjoining state—Penalty. 70.54.050 Exposing contagious disease—Penalty. 70.54.065 Ambulances and drivers—Penalty. 70.54.070 Door of public buildings to swing outward—Penalty. 70.54.080 Liability of person handling steamboat or steam boiler. 70.54.090 Attachment of objects to utility poles—Penalty. 70.54.160 Public restrooms—Pay facilities—Penalty. 70.54.350 Electrology and tattooing—Practitioners to comply with rules—Penalty. 70.54.400 Retail restroom access – Customers with medical conditions - PenaltyMiscellaneous health and safety provisions. 70.58.280 Penalty. 70.62.280 Violations—Penalty. 67 56 Criminal Code Amendments 2015 State Legislative Session 70.74.010 Definitions. 70.74.022 License required to manufacture, purchase, sell, use, possess, transport, or store explosives—Penalty—Surrender of explosives by unlicensed person—Other relief. 70.74.160 Unlawful access to explosives. 70.74.272 Malicious placement of an imitation device—Penalties. 70.74.275 Intimidation or harassment with an explosive—Class C felony. 70.74.295 Abandonment of explosives. 70.74.300 Explosive containers to be marked – Penalty. 70.74.310 Gas bombs, explosives, stink bombs, etc. 70.74.400 Seizure and forfeiture. 70.75.040 Sale of nonstandard equipment as misdemeanor— Exceptions. 70.84.010 Declaration—Policy. 70.84.060 Unauthorized use of white cane, dog guide, or service animal. 70.84.070 Penalty for violations. 70.85.010 Definitions. 70.85.020 Refusal to yield line—Penalty. 70.85.030 Request for line on pretext of emergency—Penalty. 70.86.040 Penalty. 70.87.145 Order to discontinue operation—Notice—Conditions— Contents of order—Recision of order—Violation—Penalty— Random inspections. 70.87.180 Violations. 70.90.205 Criminal penalties. 70.94.430 Penalties. 70.95.240 Unlawful to dump or deposit solid waste without permit— Penalties—Litter cleanup restitution payment. 70.95.515 Fee on the retail sale of new replacement vehicle tires— Failure to collect, pay to department—Penalties. 70.95.560 Waste tires—Violation of RCW 70.95.555—Penalty. 70.95B.140 Penalties for violations—Injunctions. 70.95D.100 Penalties. 70.95I.040 Oil sellers—Education responsibility—Penalty. 68 57 Criminal Code Amendments 2015 State Legislative Session 70.95I.060 Disposal of used oil—Penalty. 70.95J.060 Violations—Punishment. 70.97.140 Unlicensed operation—Criminal penalty. 70.105.085 Violations—Criminal penalties. 70.107.070 Rules relating to motor vehicles—Violations—Penalty. 70.108.130 Penalty. 70.108.150 Firearms—Penalty. 70.110.040 Compliance required. 70.111.030 Unsafe cribs—Prohibition—Definition—Penalty. 70.119.130 Violations—Penalties. 70.122.090 Criminal conduct—Penalties. 70.124.070 Failure to report is gross misdemeanor. 70.127.020 Licenses required after July 1, 1990—Penalties. 70.128.055 Operating without a license—Misdemeanor. 70.138.070 Criminal penalties. 70.148.060 Disclosure of reports or information—Penalty. 70.155.050 Sampling prohibited—Penalty. 70.155.080 Purchasing, possessing, or obtaining tobacco by persons under the age of eighteen – Civil infraction – Courts of jJurisdiction. 70.155.140 Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited— Penalty. 70.158.060 Penalties—Application of consumer protection act. 70.170.070 Penalties. 70.175.090 Participants authorized to contract—Penalty—Secretary and state exempt from liability. 69 58 Criminal Code Amendments 2015 State Legislative Session 70.185.080 Participants authorized to contract—Penalty—Secretary and state exempt from liability. 70.230.070 Denial, suspension, or revocation of license—Investigating complaints—Penalties. Sec. 9.02.540. RCW Title 71, entitled “Mental Illness” – 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 71.05.680 Treatment records—Access under false pretenses, penalty. 71.12.460 License to be obtained—Penalty. Sec. 9.02.550. Chapter 72.09 RCW, entitled “Department of corrections” – 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 72.09.540 Inmate name change—Limitations on use—Penalty. 70 59 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.560. Chapter 73.04 RCW, entitled “General provisions” – 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 73.04.020 Pension papers—Fees not to be charged—Penalty. Sec. 9.02.570170. Chapter 74.34 RCWRCW Title 74, entitled “Abuse of Vulnerable AdultsPublic Assistance” – 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 74.04.060 Records, confidential—Exceptions—Penalty. 74.04.330 Annual reports by assistance organizations—Penalty. 74.04.380 Federal and other surplus food commodities—Agreements— Personnel—Facilities—Cooperation with other agencies— Discontinuance of program. 74.04.385 Unlawful practices relating to surplus commodities—Penalty. 74.08.331 Unlawful practices—Obtaining assistance—Disposal of realty— Penalties. 74.08.582 Electronic benefit cards—Names of two or more persons. 74.09.270 Failure to maintain trust funds in separate account—Penalties. 74.15.150 Penalty for operating without license. 74.20.060 Cooperation by person having custody of child—Penalty. 74.20.260 Financial statements by parent whose absence is basis of application for public assistance. 74.34.020 Definitions. 74.34.021 Vulnerable adult – Definition. 74.34.035 Reports – Mandated and permissive – Contents – Confidentiality. 74.34.040 Reports – Contents – Identity confidential. 71 60 Criminal Code Amendments 2015 State Legislative Session 74.34.050 Immunity from liability. 74.34.053 Failure to report – False reports – Penalties. 74.34.145 Protection of vulnerable adults – Notice of criminal penalties for violation – Enforcement under RCW 26.50.110. Sec. 9.02.570175. RCW Title 77, entitled “Fish and Wildlife” – 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 77.08.010 Definitions. 77.15.160 Infractions. 77.15.380 Unlawful recreational fishing in the second degree – Penalty. 77.15.390 Seaweed – Unlawful taking – Penalty. 77.15.500 Commercial fishing without a license – Penalty. 77.15.809 Unlawful use of invasive species in the second degree – Penalty. 77.15.811 Unlawful use of invasive species in the first degree – Penalty. Sec. 9.02.580. RCW Title 78, entitled “Mines, Minerals, and Petroleum” – 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 78.04.050 Penalty for violations under RCW 78.04.040. 78.12.061 Safety cage in mining shaft—Regulations. 78.44.260 Operating without permit—Penalty. 78.52.550 Violations—Penalty. 78.60.290 Violations—Penalty. 72 61 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.590. RCW Title 80, entitled “Public Utilities” – 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 80.04.385 Penalties—Violations by officers, agents, and employees of public service companies. 80.04.390 Penalties—Violations by persons. 80.08.120 Penalty against individuals. 80.24.050 Penalty for failure to pay fees—Disposition of fines and penalties. 80.28.190 Gas companies—Certificate—Violations—Commission powers—Penalty—Fees. 80.50.150 Enforcement of compliance—Penalties. Sec. 9.02.600. RCW Title 81, entitled “Transportation” – 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 81.04.385 Penalties—Violations by officers, agents, and employees of public service companies and persons or entities acting as public service companies. 81.04.390 Penalties—Violations by persons. 81.08.120 Penalty against individual. 81.24.080 Penalty for failure to pay fees—Disposition of fees and penalties. 81.29.040 Penalty for violations. 81.40.060 Purchase of apparel by employees—Penalty. 81.40.080 Employee shelters—Penalty. 73 62 Criminal Code Amendments 2015 State Legislative Session 81.40.130 Cost of records or medical examinations—Unlawful to require employee or applicant to pay—Penalty—Definitions. 81.44.085 First aid kits and drinking water—Penalty. 81.48.020 Obstructing or delaying train—Penalty. 81.48.060 Penalty for violation of duty endangering safety. 81.54.030 Reimbursement of inspection cost. 81.68.010 Definitions. 81.68.015 Application of chapter restricted. 81.68.020 Compliance with chapter required. 81.68.080 Penalty. 81.77.020 Compliance with chapter required—Exemption for cities. 81.77.090 Penalty. Sec. 9.02.610. Chapter 88.02 RCW, entitled “Vessel Registration” – 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 88.02.350 Refunds, overpayments, and underpayments—Penalty for false statement. 88.02.360 Contaminated vessels. 88.02.380 Penalties—Disposition of moneys collected—Enforcement authority. 88.02.400 Evasive registration and excise tax evasion—Penalty. 88.02.740 Vessel dealer license required—Penalty. Sec. 9.02.620. RCW Title 90, entitled “Water Rights- Environment” – 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 90.36.050 Penalty—1901 c 121. 74 63 Criminal Code Amendments 2015 State Legislative Session 90.44.120 Penalty for waste or unauthorized use of water. 90.58.220 General penalty. Sec. 9.02.630180. Obstructing public officers. A. A person is guilty of obstructing a public officer if, with knowledge that the person is a public officer, he or she: 1. Intentionally and physically interferes with a public officer; 2. Intentionally hinders or delays a public officer by disobeying an order to stop given by such officer; 3. Intentionally refuses to cease an activity or behavior that creates a risk of injury to any person when ordered to do so by a public officer; 4. Intentionally destroys, conceals, or alters or attempts to destroy, conceal, or alter any material that he or she knows the public officer is attempting to obtain, secure, or preserve during an investigation, search, or arrest; 5. Intentionally refuses to leave the scene of an investigation of a crime while an investigation is in progress after being requested to leave by a public officer; or 6. Intentionally hinders or delays a public officer in the discharge of his or her official duties by making any untrue or misleading statement, report, or identification. B. No person shall be convicted of violating this section if the judge determines with respect to the person charged with violating this section that the public officer is not acting lawfully in a governmental function. C. For purposes of this section,a public officer means those individuals responsible for the enforcement of the provisions 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. 75 64 Criminal Code Amendments 2015 State Legislative Session D. Obstructing a public officer is a gross misdemeanor. Sec. 9.02.640190. 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; 3. Intentionally obstructs pedestrian or vehicular traffic without lawful authority; or 4. Aggressively solicits in a public place. B. The following definitions shall apply in this section: 1.Aggressively solicit means to solicit and engage in conduct that would likely intimidate a reasonable person, including touching, following, persistently soliciting after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving goods, services, money, signatures, or any other item, tangible or intangible, sought by the solicitor. 2.Lawful authority includes but is not limited to oral permission, or a permit or license when issued by a person or entity with authority to issue the permission, permit, or license, or a court order or authorization issued by a court of proper jurisdiction. 3.Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, grasp a person, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact, and shall also include action which is intended to prohibit or delay vehicular or pedestrian traffic from entering a public or private place; provided, that an act which is specifically authorized by a state or federal court with jurisdiction and which has been determined by the court to be a valid 76 65 Criminal Code Amendments 2015 State Legislative Session exercise of one’s right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic. 4.Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including places that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. 5.Solicit means to request, petition, or seek something from another person, or persons, or business or businesses, by words, physical gestures, or written or symbolic signs or displays in a public place. C. Disorderly conduct is a misdemeanor. Sec. 9.02.650192. Prohibited conduct on transit property and transit vehicles. A.Definitions.As used in this section, the following definitions shall apply: 1.Public transportation services means providing, at scheduled times and places, transit vehicles to carry members of the public from one location to another upon public highways or other roads, or upon any railway used for light rail or interurban passenger service provided by a regional transit authority authorized by Chapter 81.112 RCW, as currently enacted or hereafter amended; provided, this definition shall not include activities related to the transporting of members of the public by other public or private railroad entities, such as Amtrak. 2.Transit center means any location within the city of Kent, such as bus stations and train or light rail stations, that serves as a hub or transfer point for transit vehicles, enabling passengers to connect with different transit routes. 3.Transit property shall mean all facilities, structures, lands, interest in lands, air rights over lands, and rights-of-way of all kinds that 77 66 Criminal Code Amendments 2015 State Legislative Session are owned, leased, held, or used within the city of Kent by a public or private agency or municipal corporation for purposes of providing or directly supporting public transportation services, including, but not limited to, park and ride lots or parking structures for passengers; transit centers; designated bus, trolley, light rail, or train stops and waiting areas; and transit vehicle maintenance or storage facilities. 4.Transit vehicle means every motor vehicle, bus, trolley, streetcar, train, light rail train, or other vehicle owned or operated by a public or private entity that provides public transportation services within the city of Kent; provided this definition shall not include taxicabs or “for- hire” vehicles as those vehicles are defined under the Kent City Code. B.Misdemeanor offenses on transit property and transit vehicles. The following actions are prohibited in, on, or against all transit properties and transit vehicles. A person who commits one of the following acts is guilty of a misdemeanor: 1. Smoking or carrying a lighted or smoldering pipe, cigar, or cigarette while in a transit vehicle; 2. Discarding litter other than in designated receptacles; 3. Playing a radio, tape recorder, audible game device, or any other sound-producing equipment, except when the equipment is connected to earphones that limit the sound to the individual listener, with knowledge that this conduct is prohibited. However, the use of communication devices in the line of duty by city of Kent employees, transit agency or county employees, or police, fire, or other public safety officers is permitted, as is the use of private communication devices used to summon, notify, or communicate with other individuals (such as “beepers” or portable telephones); 4. Spitting, expectorating, urinating, or defecating, except in restroom facilities; 5. Carrying flammable liquids, flammable or nonflammable explosives, acid, or any other article or material of a type or in a manner 78 67 Criminal Code Amendments 2015 State Legislative Session that is likely to cause harm to others. However, cigarette, cigar, or pipe lighters, firearms, weapons, and ammunition may be carried if in a form or manner that is not otherwise prohibited by law or ordinance; 6. Intentionally obstructing or impeding the flow of transit vehicle or passenger movement, intentionally hindering or preventing access to transit property, intentionally causing unreasonable delays in boarding or exiting, intentionally reclining or occupying more than one seat, or in any way intentionally interfering with the provision or use of transit services; 7. Unreasonably disturbing others by engaging in loud, raucous, unruly, harmful, abusive, or harassing behavior; 8. Drinking an alcoholic beverage or possessing an open container of an alcoholic beverage by a passenger in a transit vehicle, or in public areas of transit properties during hours when those areas are open to the public; provided, possessing and drinking an alcoholic beverage is not prohibited on transit property if authorized as part of a scheduled special event for which all required permits have been obtained and when said facilities are not in use for transit purposes; provided further, drinking by passengers is not prohibited with respect to transit vehicles that have been commercially chartered for group use and that have obtained any required permits to serve alcohol; 9. Dumping any materials whatsoever on transit property, including but not limited to chemicals and automotive fluids; 10. Throwing an object at transit property or at any person in transit property; 11. Failing to present a valid, unexpired pass, transfer, or ticket or otherwise failing to pay the appropriate fare as required; 12. Possessing an unissued transfer or tendering an unissued transfer as proof of fare payment; 79 68 Criminal Code Amendments 2015 State Legislative Session 13. Falsely representing oneself as eligible for a special or reduced fare or obtaining any permit or pass related to the transit system by making a false representation; 14. Falsely claiming to be a transit operator or other transit employee; or through words, actions, and/or the use of clothes, insignia, or equipment resembling department-issued uniforms and equipment, intentionally creating a false impression that he or she is a transit operator or other transit employee; 15. Engaging in gambling or any game of chance for the winning of money or anything of value; and 16. Discharging a laser-emitting device on a transit vehicle, directing such a device from a transit vehicle toward any other moving vehicle, or directing such a device toward any transit operator or passenger. C.Infractions.The following actions are prohibited in, on, or against all transit properties and transit vehicles. A person who commits one of the following acts in, on, or in relation to transit property is guilty of a civil infraction to which Chapter 7.80 RCW applies: 1. Allowing any animal to occupy a seat on transit property, to run at large without a leash, to unreasonably disturb others, or to obstruct the flow of passenger or bus traffic; but animals may occupy a passenger’s lap while in a transit vehicle or in a transit property; provided, dogs that have been declared dangerous shall not be allowed on transit vehicles or transit property; 2. Allowing his or her animal to leave waste on transit property or in a transit vehicle; 3. Rollerskating, rollerblading, or skateboarding; 4. Riding a bicycle, motorcycle, or other vehicle except for the purpose of entering or leaving passenger facilities on roadways designed for that use. Bicycles must be walked at all times and may not be transported on escalators. However, nothing in this section shall be 80 69 Criminal Code Amendments 2015 State Legislative Session construed to apply to commissioned peace officers or city employees engaged in authorized activities in the course of their employment; 5. Eating or drinking on transit vehicles, or in any area of transit property that has been posted as prohibiting eating or drinking; 6. Bringing onto a transit passenger vehicle any package or other object which blocks an aisle or stairway or occupies a seat if to do so would, in the vehicle operator’s sole discretion, cause a danger to passengers or displace passengers or expected passengers; 7. Operating, stopping, standing, or parking a vehicle in any roadway or location restricted for use only by transit vehicles or otherwise restricted; 8. Riding transit vehicles for the purpose of sleeping, or using benches, floors, or other areas in transit facilities for the purpose of sleeping rather than for their intended transportation-related purposes; 9. Camping in or on transit property; storing personal property on benches, floors, or other areas of transit property; 10. Entering upon or crossing a road or rail tracks used by transit vehicles, except in marked crosswalks or at the direction of transit employees or public safety personnel; 11. Intentionally extending an object or a portion of one’s body through the door or window of a transit vehicle while it is in motion; 12. Intentionally hanging or swinging on bars or stanchions, with feet off the floor, inside a transit vehicle or on other transit property; intentionally hanging onto or otherwise attaching oneself at any time to the exterior of a transit vehicle or other transit property; 13. Engaging in any sports on transit property without permission; 14. Parking a vehicle in a designated passenger parking area on transit property for more than seventy-two (72) consecutive hours; 15. Using transit property for residential parking or unauthorized commercial parking purposes; 81 70 Criminal Code Amendments 2015 State Legislative Session 16. Unless authorized, cleaning or performing nonemergency repairs to a vehicle parked on transit property; and 17. Conducting driver training on transit property. Sec. 9.02.660193. Possession of graffiti tools. A. It shall be unlawful for any person to possess graffiti tools. B. A person possesses graffiti tools when they possess any paint, marking pen, glass-cutting tool, glass-etching tool, materials, instruments, or any other item adapted, designed, or commonly used for committing or facilitating the commission of an offense involving damaging, defacing, or destroying public or private property, and they possess the item under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of such an offense, or under circumstances evincing an intent that some other person will use or employ the thing possessed in the commission of such offense. C. “Defacing” as used in subsection (B) of this section shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching, cutting, etching, or scribbling upon any wall or surface owned, operated, or maintained by any property owner or the city unless the city or the property owner grants written permission for such writing, painting, inscribing, drawing, scratching, cutting, etching, or scribbling. D. The unlawful possession of graffiti tools is a misdemeanor. Sec. 9.02.670195. Tampering or interfering with the property of another prohibited – Penalty. A. A person commits the offense of tampering or interfering with the property of another if, without privilege, permission, or license to do so, he or she intentionally tampers or interferes with the property of another. 82 71 Criminal Code Amendments 2015 State Legislative Session B. For the purposes of this section, the terms tampers or interferes include, but are not limited to: 1. Discarding items belonging to another; 2. Withholding the property of another; or 3. Placing of a substance, such as a bodily fluid or bodily waste, food products, food waste or food containers, dying or dead vegetation, trash, or other object, upon the property of another thereby creating the need for an expenditure of effort, time, money, or other activity in order to return the property to its previous condition. C. Tampering or interfering with the property of another is a misdemeanor. Sec. 9.02.680200. Public disturbance. A. A person is guilty of public disturbance if he or she: 1. Causes a public disturbance or is in possession or control of property on which a public disturbance occurs. A public disturbance includes the following sounds that unreasonably disturb or interfere with the peace, comfort, and repose of a reasonable person of ordinary sensitivities: a. The frequent, repetitive, or continuous sounding of any horn or siren attached to a motor vehicle, except when used 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, operating, repairing, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine within a residential district. c. Yelling, shouting, hooting, whistling, or singing on or near the public streets, between the hours of 10:00 p.m. and 7:00 a.m. d. The creation of frequent, repetitive, or continuous sounds which emanate from any building, structure, apartment, 83 72 Criminal Code Amendments 2015 State Legislative Session condominium, or yard adjacent thereto, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings. e. The creating of frequent, repetitive, or continuous sounds made by any animal, such as barking or howling, except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with Chapter 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. 84 73 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.690210. 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. 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, the ShoWare Center located at 625 W. James Street, 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. 9.02.700220. 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 85 74 Criminal Code Amendments 2015 State Legislative Session co-sponsored by, in conjunction with, or endorsed by any public, quasi- public, or civic entity for the benefit of the public. B.Violation/penalty. Any violation of subsection (A) of this section 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 this chapter, 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 this chapter, 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; 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. 9.02.710230. Public facility – Illegal activity – Exclusion. 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 disruptive, unsafe, or otherwise prohibited activity at the public facilities. This behavior is often engaged in by a 86 75 Criminal Code Amendments 2015 State Legislative Session comparatively small number of repeat offenders. The city council further finds that the right of persons who engage in such activities to remain at or frequent public facilities is outweighed by the right of law-abiding citizens to use such facilities without the interference or fear of the illegal activity of others. B. Whenever a police officer has probable cause to believe that a person has committed any act set forth in subsection (F) of this section on or at any public facility as described in subsection (G) of this section, the officer may, by written order, exclude that person from entering the public facility where the act was committed; provided, further, that if the public facility where the act was committed is part of a public facility assemblage as described in subsection (H) of this section, the officer may, by written order, exclude that person from entering all public facilities within that assemblage. C. If the offender: 1. Has not been issued an exclusion notice within one year prior to the violation or the current violation is not a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of forty-five (45) days from the date of the exclusion notice. 2. Has been issued an exclusion notice within the one (1) year prior to the current violation or the current violation is a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of ninety (90) days from the date of the exclusion notice. 3. Has been issued two (2) or more exclusion notices from the same public facility or public facility assemblage in which the current violation has occurred within the one (1) year prior to the current violation, 87 76 Criminal Code Amendments 2015 State Legislative Session then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of three hundred sixty-four (364) days from the date of the exclusion notice. 4. Has been issued two (2) or more exclusion notices within the one (1) year prior to the current violation and, in combination, the current violation and those prior violations did not occur at the same public facility or within the same public facility assemblage, or if the offender has been issued one (1) exclusion notice based on a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence within the one (1) year prior to the current violation, then the officer may exclude the offender from all public facilities for a period of three hundred sixty-four (364) days from the date of the exclusion notice. D. The exclusion notice shall be in writing and shall contain the date of issuance, shall specify the duration and location of exclusion, and shall be signed by the issuing officer. A warning of the consequences for failure to comply with the exclusion notice, as well as procedures for seeking review of the exclusion, shall be contained within the exclusion notice. E. The person subject to the exclusion notice shall have the right to a hearing to seek the modification or rescission of the exclusion. For the purposes of exclusion modification or rescission hearings, the city’s hearing officer shall be the city of Kent’s director of parks, recreation, and community services or his/her designee, or the person acting in the position of the director or designee in his/her absence. 1. A request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice for which the hearing is sought. The request shall contain the address of the offender, and it shall be the responsibility of the offender to notify the hearing officer of any change of address. The hearing shall occur and a decision be rendered within ten (10) business days after the city’s hearing officer receives the request for hearing. Notice of the hearing shall be effective upon the third 88 77 Criminal Code Amendments 2015 State Legislative Session business day after placement of the notice in the mail to the address provided by the offender. 2. The parties to the hearing shall be the city and the offender. At the hearing, the violation that forms the basis for the exclusion notice must be proved by a preponderance of the evidence in order to uphold the exclusion. The offender need not be charged with a crime or civil infraction in a court of law, and need not be convicted or found to have committed the alleged violation in a court of law for the exclusion to be upheld. The city’s hearing officer shall consider the exclusion notice and a sworn report or a declaration made under penalty of perjury as authorized by RCW 9A.72.085, written by the police officer who issued the exclusion notice, without further evidentiary foundation. Both the city and the offender may submit physical or written evidence, or call witnesses to testify. The city’s hearing officer may consider information and evidence that would not be admissible in a court of law under the evidence rules but which the hearing officer considers relevant and trustworthy. Each party shall be responsible for securing the attendance of any witnesses it intends to call to testify. 3. If the violation is proved, the exclusion notice shall be upheld; however, upon good cause shown, the city’s hearing officer may shorten the duration of the exclusion. If the violation is not proved by a preponderance of the evidence the city’s hearing officer shall rescind the exclusion. If an exclusion is rescinded, it shall not be considered a prior exclusion for the purposes of subsection (C) of this section. 4. The decision of the city’s hearing officer is final. An offender seeking judicial review of a decision of the city’s hearing officer shall file an appeal or an application for a writ of review in the King County superior court within fourteen (14) days of the date of the decision. 5. The exclusion shall remain effective during the pendency of any administrative or judicial proceeding. 6. The determination of the city’s hearing officer shall not have any collateral estoppel effect on a subsequent criminal prosecution or civil 89 78 Criminal Code Amendments 2015 State Legislative Session proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. F. An act which may result in the issuance of a written order excluding a person from a public facility or public facility assemblage may consist of any of the following when committed on or at a 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, 46.61.502, 46.61.503, 46.61.504, and 46.61.525; 3. Any act that qualifies as a violation of RCW 66.44.100 or RCW 69.50.445; 4. Any act that qualifies as a violation of: a. KCC 4.01.020 Same – Damaging property. b. KCC 4.01.030 Same – Animals. c. KCC 4.01.040 Same – Discharging weapons, fireworks. d. KCC 4.01.080 Prohibited activities – Speed limits, vehicles, and horses. e. KCC 4.01.100 Same – Littering. f. KCC 4.01.120 Same – Fires. g. KCC 4.01.130 Same – Alcoholic beverages. h. KCC 4.01.140 Same – Golf. i. KCC 4.01.150 Use of facilities. j. KCC 4.01.160 Hours. k. KCC 4.01.190 Sales of refreshments. l. KCC 4.01.210 Traffic regulations. 5. Any act that qualifies as a violation of KCC 9.02.320, Urinating in public. G. For the purpose of this section,a public facility consists of the buildings, structures, and equipment, and the adjoining grounds, 90 79 Criminal Code Amendments 2015 State Legislative Session appurtenances, and parking areas of any of the following when located within the city of Kent: 1. Any building maintained or operated by the city of Kent, King County, or the state of Washington. 2. Any park maintained by the city of Kent, King County, or the state of Washington. 3. Any recreational area maintained by the city of Kent, King County, 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, the Green River Natural Resources Area, and the Interurban Trail. 4. The city’s ShoWare Center, located at 625 W. James Street. 5. The bodies of water known as Lake Meridian and Lake Fenwick and associated boat ramps and areas of ingress and egress. 6. Any public school maintained by the city of Kent, the Kent School District, King County, or the state of Washington. 7. The watershed areas owned and operated by the city of Kent, including Armstrong Springs, Clark Springs, and Kent Springs. 8. Any public library or pool maintained by the city of Kent, King County, or the state of Washington. H. For the purpose of this section,a public facility assemblage consists of a group of public facilities so related to one another geographically that exclusion from one public facility within the group would be ineffective without exclusion from the other or others in the same group. A violation occurring at any public facility within a public facility assemblage shall be deemed to have occurred within the public facility assemblage.Public facility assemblages include the following: 1.Downtown public facility assemblage, consisting of Town Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Kherson Park, Mill Creek Canyon Earthworks Park, Rosebed Park, Titus Railroad Park, Uplands Playfield, and the Kent Library. 91 80 Criminal Code Amendments 2015 State Legislative Session I. The violation of an exclusion notice is a misdemeanor. Sec. 9.02.720240. Escape. A. A person is guilty of escape if: 1. Without lawful authority, he or she intentionally removes himself or 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, police officer, or detention facility following temporary leave lawfully granted by a court or Kent corrections. B. 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: a. The detention of a person pursuant to a court issued arrest warrant; b. A verbal or written order to detain a person during a court appearance; 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; 92 81 Criminal Code Amendments 2015 State Legislative Session g. Detention of a person pursuant to a work release or work crew 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. 9.02.730250. Damage, theft, abandonment, or improper use of an 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 device; or 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. 93 82 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.740260. Making or having vehicle prowl or vehicle theft tools. Repealed by Ord. No. 3878. Sec. 9.02.740265. Vehicle trespass prohibited – Penalty. A. A person is guilty of vehicle trespass if he or she knowingly enters or remains unlawfully in a vehicle belonging to another. B. As used in this section: 1. The word enter shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand. 2. A person enters or remains unlawfully in or upon a vehicle when he or she is not licensed, invited, or otherwise privileged to so enter or remain. C. Vehicle trespass is a misdemeanor. Sec. 9.02.750270. 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 94 83 Criminal Code Amendments 2015 State Legislative Session 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 resident of an adult family home as defined in RCW 70.128.010, and a frail, elderly, or vulnerable adult as defined in RCW 74.34.020(13) is presumed to be a dependent person for purposes of this section. 95 84 Criminal Code Amendments 2015 State Legislative Session F. For the purposes of this section,bodily injury means physical pain, injury, illness, 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. 9.02.760280. Offenses against police dogs.No person shall willfully or maliciously torment, beat, kick, or strike any dog owned or being used by the police department in the performance of its official duties. No person shall willfully hinder, delay, or obstruct any dog used by a law enforcement officer in discharging or attempting to discharge his official duties. Any person violating the provisions of this section shall be guilty of a misdemeanor. Sec. 9.02.770290. Provoking assault.Every person who shall, by word, sign, or gesture, willfully provoke or attempt to provoke another person to commit an assault or breach of the peace shall be guilty of a misdemeanor. Sec. 9.02.780293. Menacing.A person is guilty of the crime of menacing when he or she intentionally follows or surveils another person and/or engages in a course of conduct that is intended to place a person in reasonable fear of “bodily injury” as that phrase is defined in RCW 9A.04.110. A.Follows, as used in this section, means deliberately maintaining visual observation and/or physical proximity of a specific person or persons over a continuous period of time. B. Violation of this section is a misdemeanor, the maximum penalty of which is ninety (90) days in jail and a one-thousand-dollar ($1,000) fine. 96 85 Criminal Code Amendments 2015 State Legislative Session Sec. 9.02.790295. Definitions.The following words and phrases, wherever used in KCC 9.02.710296, 9.02.720297, 9.02.730300 and 9.02.740310, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary: A.Expressive conduct means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event that constitutes protected speech under the federal or state constitution. B.Known prostitute, a person known to patronize prostitutes, or a person known to advance prostitution 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 convicted of an offense of prostitution, patronizing a prostitute, prostitution loitering, permitting prostitution, or promoting prostitution whether or not such conviction occurs under the Revised Code of Washington or comparable laws of municipalities in the state of Washington. C.Patronizing a prostitute shall have the same meaning as set forth in RCW 9A.88.110 as now enacted or later amended or recodified. D.Prostitution means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange of any item or service, or promise, but does not include sexual conduct engaged in as part of any stage performance, play, or other lawful and properly licensed entertainment open to the public. E.Public place means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon 97 86 Criminal Code Amendments 2015 State Legislative Session payment of a fee, and includes, but is not limited to, buildings open to the general public, including those which serve food or drink or provide entertainment or sell product, and the windows, doorways and entrances to buildings or dwellings and the grounds enclosing them, and structures from which customers can be served through a drive-up or walk-up window, door, or other means, whether or not access is restricted according to age. F.Public place provided or set apart for nudity means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home. G.Sexual conduct shall mean “sexual intercourse” or “sexual contact” as defined in RCW 9A.44.010 as currently enacted or later amended or recodified. H.Walking or otherwise conducting oneself in a sexual manner shall mean the swaying of hips, drawing attention to one’s buttocks, legs, or breasts, grabbing oneself in the genitals or breasts, blowing kisses, or using one’s body or any part thereof to simulate sexual conduct. Sec. 9.02.800296. Lewd conduct. A. A person is guilty of lewd conduct if, in a public place and under circumstances where such conduct is likely to be observed by a member of the public, the person intentionally: 1. Exposes any of his or her body parts without a full and opaque covering: 98 87 Criminal Code Amendments 2015 State Legislative Session a. Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft; b. Any part of the areola or nipple of the female breast; or c. More than one-half of the part of the female breast located below the top of the areola; 2. Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered; 3. Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed with the intention of sexual arousal of one’s self or others; 4. Masturbates; or 5. Engages in sexual intercourse or sexual contact as those terms are defined in Chapter 9A.44 RCW. B. Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this section. C. This section shall not be construed to prohibit: 1. The act of breastfeeding or expressing breast milk; 2. Classes, seminars, and lectures held for serious scientific or educational purposes; 3. Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in Chapter 5.10 KCC or other law; 4. Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to Chapter 5.10 KCC; 5. Conduct of licensed employees working in adult businesses operating pursuant to Chapter 5.10 KCC, provided the conduct is not exposed to a person under 18 years of age; or 99 88 Criminal Code Amendments 2015 State Legislative Session 6. Conduct of a child under 10 years of age. D. Lewd conduct is a misdemeanor. Sec. 9.02.810297. Facilitating lewd conduct.The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in KCC 9.02.710296. Facilitating lewd conduct is a misdemeanor. Sec. 9.02.820300. Prostitution loitering. A. A person is guilty of prostitution loitering if he or she intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute. B. Among the circumstances which may be considered in determining whether the actor intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute are that he or she: 1. Repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation; 2. Repeatedly stops or attempts to stop occupants of a motor vehicle or motorcycle by hailing, waiving, or beckoning to the occupants using words or conduct, or attempts to obtain the attention of the occupants by walking or otherwise conducting oneself in a sexual manner; 3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts, or attempts to stop pedestrians; 4. Circles or repeatedly returns to an area known by the police as an area of prostitution; 5. Is a known prostitute, a person known to patronize prostitutes, or a person known to promote, permit, or advance prostitution; 100 89 Criminal Code Amendments 2015 State Legislative Session 6. Inquires whether another is a police officer, searches for articles that would identify a police officer, or exposes his or her genitals or her breasts, or requests the other to touch his or her genitals or her breasts to prove that the other is not a police officer; or 7. Utilizes Internet websites, publications or social media including but not limited to Backpage.com, Craigslist.com, or the Stranger to solicit, induce, entice, or procure another to commit the crime of prostitution or patronizing a prostitute. C. The crime of prostitution loitering may be deemed to have been committed either at the physical location where the loitering occurred or at the location where the person agrees to meet someone they solicit for acts of prostitution as defined in Chapter 9A.88 RCW. D. Prostitution loitering is a misdemeanor. Sec. 9.02.830310. Stay out of areas of prostitution orders. A.Findings. The high risk prostitution areas set forth in subsection (E) of this section are frequented by persons who seek out or provide prostitution services. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes, and those who promote prostitution. Many of these areas extend beyond the jurisdiction of the city of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tukwila, and Renton. These surrounding cities have enacted similar ordinances as a tool to combat the prostitution problem. Due to the volume of persons involved in the prostitution trade, adjacent private property owners suffer economic loss due to trash, human waste, and lost business. Community members suffer from traffic congestion and an increased risk to public health and safety. The high risk prostitution areas set forth in subsection (E) of this section suffer a much higher incidence of prostitution-related crimes than other areas of the city. 101 90 Criminal Code Amendments 2015 State Legislative Session B. Stay out of areas of prostitution orders, hereinafter known as “SOAP” orders, may be issued by the Kent municipal court to anyone charged with prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of pre-trial release. C. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of probation. D. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer’s presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order. E. 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 businesses. 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. 4. Central Avenue North/84th Avenue South from Novak Lane to South 222nd Street, including all adjacent businesses. 102 91 Criminal Code Amendments 2015 State Legislative Session 5. 83rd Avenue South from South 228th Street to South 224th Street, including all adjacent businesses. F. 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. G. 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.” H. 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. I. Pursuant to Section 1(1)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 § 1), the high risk prostitution areas identified in subsection (E) of this section are the areas where vehicles are subject to impoundment for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor. These high risk prostitution areas shall be identified by the placement of clear and conspicuous signs. Sec. 9.02.840320. Urinating in public. 103 92 Criminal Code Amendments 2015 State Legislative Session A. A person is guilty of urinating in public if the person intentionally urinates or defecates in a public place, other than a washroom or toilet room, under circumstances where such act could be observed by any member of the public. B. Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($250). Sec. 9.02.850330. 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. Sec. 9.02.860335. Contaminated property – Order of Seattle- King County department of public health prohibiting use or entry – Violation. A. Whenever an order is issued pursuant to RCW 64.44.030, as that law is now enacted or later amended or recodified, which restrains a person or the public from entering upon or using property, and that order is posted in a conspicuous place on the property, a violation of the provisions restraining use or entry shall be a gross misdemeanor punishable 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. B. Whenever an order is issued pursuant to RCW 64.44.030, as that law is now enacted or later amended or recodified, which restrains a person or the public from entering upon or using property, and that order is posted in a conspicuous place on the property, the removal or damage of such order shall be a gross misdemeanor punishable by imprisonment in 104 93 Criminal Code Amendments 2015 State Legislative Session 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. Sec. 9.02.870340. 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. 9.02.880350. 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 the exhibition of firearms or other weapons. 105 94 Criminal Code Amendments 2015 State Legislative Session D. For the purposes of this section, firearm means a weapon or device from which a projectile or projectiles may be 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. Sec. 9.02.890360. 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. 106 95 Criminal Code Amendments 2015 State Legislative Session 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. 9.02.900370. Hobby cannon fuse material – Sale transaction – Written record required. A. Every gun store, gun dealer, or gun show doing business in the city shall maintain 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 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. 107 96 Criminal Code Amendments 2015 State Legislative Session 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 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. 9.02.910380. Violation of no contact order also contempt.The violation of any order issued by the Kent municipal court pursuant to Chapter 10.99 RCW shall also constitute contempt of court, and is subject to the penalties prescribed by law. Sec. 9.02.920390. 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, or after entry of a deferred prosecution, has been placed on probation in connection with a suspended sentence, deferred sentence, or deferred prosecution by either a district court, municipal court, or 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 108 97 Criminal Code Amendments 2015 State Legislative Session 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. 9.02.930400. 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 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. 9.02.940 410. Violations – Penalty.Unless otherwise provided in this chapter, violation of any provision of this chapter shall be punishable by: 1.Gross misdemeanor. Every person convicted of a gross misdemeanor 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. SECTION 2.– Severability.If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 109 98 Criminal Code Amendments 2015 State Legislative Session decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3.– Corrections by City Clerk or Code Reviser.Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4.– Effective Date.This ordinance shall take effect and be in force thirty (30) days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 110 99 Criminal Code Amendments 2015 State Legislative Session PASSED:day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\9.02 Amendments 2015 LegislativeSession.docx 111 112 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 8, 2016 To: Public Safety Committee From: Tammy White, Assistant City Attorney Regarding: Ordinance Amending Ch. 9.36 KCC – “Traffic Code” - Recommend SUMMARY: Under the authority provided for by RCW 49.90.010, the state Department of Licensing has adopted a Model Traffic Ordinance, which is available to any local authority who wishes to adopt it for application and enforcement within its jurisdictional boundaries. A Model Traffic Ordinance is beneficial as it encourages highway safety and uniform traffic laws from jurisdiction to jurisdiction. The city of Kent first adopted the Model Traffic Ordinance in the 1990s. Through that adoption, the Kent City Council provided that the Model Traffic Ordinance, as enacted at that time and as thereafter amended from time to time, was applicable and enforceable within the city of Kent. The Model Traffic Ordinance was most recently updated by the state Department of Licensing on November 30, 2015. That update incorporated state statutes into the Model Traffic Ordinance that the city of Kent had previously adopted into the Kent City Code (“KCC”) through its adoption and amendment of KCC 9.36.015. For that reason, it is no longer necessary for the city of Kent to maintain its duplicative adoption of these statutes, and this proposed ordinance deletes those references. While the Model Traffic Ordinance and the Kent City Code both provide that it is not necessary for Kent to adopt subsequent amendments of the Model Traffic Ordinance for those amendments to be applicable and enforceable in Kent, it makes sense to update that adoption given the amendment that is needed to KCC 9.36.015. A further amendment to KCC 9.36.015 is proposed to clarify that all state laws enacted or amended concerning traffic infractions or offenses, and prior to their inclusion or adoption into the Model Traffic Ordinance, are specifically adopted for application and enforcement within the jurisdictional boundaries of the city of Kent. EXHIBITS: Ordinance and Exhibit A. BUDGET IMPACT: None P:\Civil\Motions-BlueSheets\TrafficCode-2015Update-MotionSheet.docx MOTION: Recommend Council adopt an ordinance amending sections 9.36.010 and 9.36.015 of the Kent City Code to adopt the current version of the Model Traffic Ordinance; to repeal the City’s separate adoption of state statutes now included in the Model Traffic Ordinance; and to make other revisions for clarity. 113 114 1 Amend Traffic Code—Ch. 9.36 KCC ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending sections 9.36.010 and 9.36.015 of the Kent City Code to: (i) adopt the current version of the Washington Model Traffic Ordinance, (ii) repeal the City’s separate adoption of state statutes that have now been incorporated into the Model Traffic Ordinance, and (iii) clarify that all traffic infractions and traffic offenses adopted by the state Legislature and in effect prior to their inclusion in the Model Traffic Ordinance are adopted by reference for application and enforcement within the city of Kent. RECITALS A. Through the authority provided for by RCW 49.90.010, the state Department of Licensing, in consultation with the Washington State Patrol and the Traffic Safety Commission, has adopted a Model Traffic Ordinance, which is available to any local authority who wishes to adopt it for application and enforcement within its jurisdictional boundaries. B. A Model Traffic Ordinance is beneficial in that it encourages highway safety and uniform traffic laws from jurisdiction to jurisdiction. The city of Kent first adopted the Model Traffic Ordinance in the 1990s. Through that adoption, the Kent City Council provided that the Model Traffic Ordinance, as enacted at that time and as thereafter amended from time to time, was applicable and enforceable within the city of Kent. 115 2 Amend Traffic Code—Ch. 9.36 KCC C. The Model Traffic Ordinance was most recently updated by the state Department of Licensing on November 30, 2015. That update incorporated state statutes into the Model Traffic Ordinance that the city of Kent had previously adopted into the Kent City Code (“KCC”) through its adoption and amendment of KCC 9.36.015. For that reason, it is no longer necessary for the city of Kent to maintain its duplicative adoption of these statutes. D. While the Model Traffic Ordinance and the Kent City Code both provide that it is not necessary for Kent to adopt subsequent amendments of the Model Traffic Ordinance for those amendments to be applicable and enforceable in Kent, it makes sense to update that adoption given the amendment that is needed to KCC 9.36.015. A further amendment to KCC 9.36.015 is provided to clarify that all state laws enacted or amended concerning traffic infractions or offenses, and prior to their inclusion or adoption into the Model Traffic Ordinance, are specifically adopted for application and enforcement within the jurisdictional boundaries of the city of Kent. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1.– Amendment – KCC 9.36.010.Section 9.36.010 of the Kent City Code relating to the City’s Traffic Code and entitled “Adopting ordinance,” is amended as follows: Sec.9.36.010. Adopting ordinance.Pursuant to RCW 46.90.010, the Washington Model Traffic Ordinance (MTO) as set forth in Chapter 308-330 WAC, attached as Exhibit A to Ordinance No. ______,1 is hereby adopted by reference as currently enacted and as hereinafter 1 Code reviser to insert the number assigned to this ordinance by the City Clerk at the time this ordinance is passed by the City Council. 116 3 Amend Traffic Code—Ch. 9.36 KCC amended or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. The MTO, in conjunction with the other provisions of Ch. 9.36 KCC, shall constitute the traffic ordinance of the city of Kent. As provided for in the MTO, the addition of any new section to, or amendment or repeal of any section in, the MTO shall be deemed to amend the traffic ordinance of the city of Kent, and it shall not be necessary for the Kent City Council to take any action with respect to such addition, amendment, or repeal. A copy of the MTO adopted by reference for application and enforcement within the city limits of Kent is available online for public viewing through the Washington State Legislature’s website at: http://app.leg.wa.gov/wac/. Physical copies of these statutes are also maintained by the City Clerk and available for public inspection during the regular business hours of the City Clerk’s Office. A copy of the MTO shall be authenticated and recorded by the city clerk along with this adopting ordinance for examination by the public. SECTION 2.– Amendment – KCC 9.36.015.Section 9.36.015 of the Kent City Code relating to the City’s Traffic Code and entitled “Driving regulations,” is amended as follows: Sec. 9.36.015. Driving regulations.All RCW sections that constitute traffic infractions or traffic offenses, and the RCW sections necessary for the investigation, citation, prosecution, enforcement, and adjudication of those traffic infractions or traffic offenses, or necessary to define or interpret terms used therein, that are enacted, amended, repealed, or recodified by the state Legislature, after the Department of Licensing’s last update of the MTO and prior to the Department of Licensing’s next update of the MTO, are hereby adopted by reference as they are enacted or as they are amended, repealed, or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. The following sections of Chapters 46.20 and 46.61 RCW are 117 4 Amend Traffic Code—Ch. 9.36 KCC hereby adopted by reference as currently enacted and as may be amended from time to time, and shall be given the same force and effect as if set forth herein in full. RCW 46.20.005 Driving without a license – Misdemeanor, when. 46.20.015 Driving without a license – Traffic infraction, when. 46.20.270 Conviction of offense requiring withholding driving privilege – Procedures – Definitions. 46.20.720 Ignition interlocks, biological technical devices – Drivers convicted of alcohol offenses. 46.20.730 Ignition interlock device – Other biological or technical device – Definitions. 46.61.5249 Negligent driving – First degree. SECTION 3.– Severability.If any one or more section, subsection, or sentence of this ordinance is 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 4.– Corrections by City Clerk or Code Reviser.Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5.– Effective Date.This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 118 5 Amend Traffic Code—Ch. 9.36 KCC APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED:day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\9.36 Traffic Code Update-2015.docx 119 EXHIBIT A Chapter 9.36 KCC – Traffic Code 120 1 of 29 Chapter 308-330 WAC Last Update: 11/30/15 WASHINGTON MODEL TRAFFIC ORDINANCE WAC Sections 308-330-005 Purpose of this chapter. 308-330-010 Amendments to this chapter automatically included. 308-330-030 Uniformity in application. 308-330-100 Chapter 46.04 RCW (Definitions) adopted by reference. 308-330-109 Bus. 308-330-112 Bus stop. 308-330-115 City. 308-330-118 Demolish. 308-330-127 Holidays. 308-330-133 Loading zone. 308-330-136 Official time standard. 308-330-139 Ordinance. 308-330-142 Parking meter. 308-330-145 Parking meter space. 308-330-148 Parking meter zone. 308-330-151 Passenger loading zone. 308-330-154 Planting strip. 308-330-157 Police or police officer. 308-330-160 Police chief or chief of police. 308-330-163 Police department. 308-330-169 School bus zone. 308-330-172 Service parking. 308-330-175 Street. 308-330-178 Taxicab. 308-330-181 Taxicab stand. 308-330-184 Tow truck operator. 308-330-187 Traffic division. 308-330-190 U-turn. 308-330-195 RCW sections adopted—Livestock. 308-330-197 RCW sections adopted—Off-road and nonhighway vehicles. 308-330-200 RCW sections adopted—Snowmobiles. 308-330-205 Public employees to obey traffic regulations. 308-330-210 Police administration. 308-330-215 Duty of traffic division. 308-330-220 Authority of police and fire department officials. 308-330-225 Records of traffic violations. 308-330-230 Traffic division to investigate accidents. 308-330-235 Traffic accident studies. 308-330-240 Traffic accident reports. 308-330-245 Traffic division to submit annual traffic safety report. 308-330-250 Police department to administer bicycle licenses. 308-330-255 Police department to regulate parking meters. 308-330-260 Traffic engineer. 308-330-265 Traffic engineer—Authority. 308-330-270 Local authority—Authority. 121 2 of 29 308-330-275 Traffic safety commission—Powers and duties. 308-330-300 RCW sections adopted—Certificates of ownership and registrations. 308-330-305 RCW sections adopted—Vehicle licenses. 308-330-307 RCW sections adopted—Driver licenses and identicards. 308-330-309 RCW sections adopted—Uniform Commercial Driver's License Act. 308-330-310 RCW sections adopted—Financial responsibility. 308-330-312 RCW sections adopted—Mandatory liability insurance. 308-330-314 RCW sections adopted—Vehicle inspection. 308-330-316 RCW sections adopted—Vehicle lighting and other equipment. 308-330-320 RCW sections adopted—Size, weight, load. 308-330-322 RCW sections adopted—Transportation of hazardous materials. 308-330-325 RCW sections adopted—Accidents, reports. 308-330-327 RCW sections adopted—Hulk haulers and scrap processors. 308-330-330 RCW sections adopted—Motor vehicle wreckers. 308-330-360 Owner of record presumed liable for costs when vehicle abandoned—Exception. 308-330-365 Contract with registered disposer to dispose of vehicles and hulks—Compliance required. 308-330-370 Stolen and abandoned vehicles—Reports of—Recovery, report required, penalty—Disposition. 308-330-400 Provisions of chapter refer to vehicles upon highway—Exception. 308-330-403 Required obedience to traffic ordinance. 308-330-406 RCW sections adopted—Abandoned, unauthorized, and junk vehicle tow truck operators. 308-330-408 RCW sections adopted—Traffic laws, signs, signals, markings. 308-330-409 Traffic control devices required—Stopping, standing, and parking. 308-330-412 Crossing new pavement and markings. 308-330-415 RCW sections adopted—Right of way. 308-330-421 RCW sections adopted—Turning, starting and stopping. 308-330-423 RCW sections adopted—Speed restrictions. 308-330-425 RCW sections adopted—Reckless driving, negligent driving, vehicular homicide and assault. 308-330-430 Obedience to angle-parking signs or markings. 308-330-433 Parking not to obstruct traffic. 308-330-436 Parking for certain purposes unlawful. 308-330-439 Standing in passenger loading zone. 308-330-442 Standing in loading zone. 308-330-445 Standing in a tow-away zone. 308-330-448 Violating permits for loading or unloading at an angle to the curb. 308-330-451 Standing or parking on one-way roadways. 308-330-454 Stopping, standing, and parking of buses and taxicabs regulated. 308-330-457 Restricted use of bus stops and taxicab stands. 308-330-460 Right of way for parking. 308-330-462 RCW sections adopted—Stopping, standing, and parking. 308-330-464 RCW sections adopted—Operation and restrictions. 308-330-466 Funeral processions. 308-330-469 When permits required for parades and processions. 308-330-472 Interfering with processions. 308-330-475 Boarding or alighting from vehicles. 308-330-478 Unlawful riding. 308-330-481 RCW sections adopted—Operation of nonmotorized vehicles. 308-330-500 Bicycle license required. 308-330-505 Bicycle license application. 308-330-510 Issuance of bicycle license. 308-330-515 Attachment of bicycle license plate or decal. 308-330-520 Inspection of bicycles. 122 3 of 29 308-330-525 Renewal of bicycle license. 308-330-530 Bicycle transfer of ownership. 308-330-535 Bicycle rental agencies. 308-330-540 Bicycle dealers. 308-330-545 Bicycles—Obedience to traffic control devices. 308-330-550 Bicycles—Parking. 308-330-555 Bicycles—Riding on sidewalks. 308-330-560 Bicycles—Penalties. 308-330-565 Unclaimed bicycles. 308-330-600 Parking meter spaces. 308-330-610 Parking meters—Deposit of coins and time limits. 308-330-620 Parking meters—Use of slugs prohibited. 308-330-630 Tampering with parking meter. 308-330-640 Parking meters—Rule of evidence. 308-330-650 Parking meters—Application of proceeds. 308-330-660 Service parking. 308-330-700 RCW sections adopted—Disposition of traffic infractions. 308-330-705 RCW sections adopted—Enforcement. 308-330-710 Penalties. 308-330-720 Citation on illegally parked vehicle. 308-330-730 Failure to comply with traffic citation attached to parked vehicle. 308-330-740 Presumption in reference to illegal parking. 308-330-800 RCW sections adopted—Traffic control devices. 308-330-810 RCW sections adopted—Limited access facilities. 308-330-815 RCW sections adopted—Alcoholic beverage control. 308-330-820 RCW sections adopted—Guide and service dogs. 308-330-825 RCW sections adopted—Littering. 308-330-910 Uniformity of interpretation. DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER 308-330-121 Department. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-121, filed 12/13/93, effective 7/1/94.] Repealed by WSR 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330-123 Director. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-123, filed 12/13/93, effective 7/1/94.] Repealed by WSR 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330-329 RCW sections adopted—Rental car businesses. [Statutory Authority: RCW 46.90.010. WSR 94-01- 082, § 308-330-329, filed 12/13/93, effective 7/1/94.] Repealed by WSR 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330-375 Disposition of abandoned junk motor vehicles. [Statutory Authority: RCW 46.90.010. WSR 94-01- 082, § 308-330-375, filed 12/13/93, effective 7/1/94.] Repealed by WSR 97-10-068, filed 5/5/97, effective 6/5/97. Statutory Authority: RCW 46.90.010. 308-330-005 Purpose of this chapter. The purpose of this chapter is to encourage highway safety and uniform traffic laws by authorizing the department of licensing to adopt a comprehensive compilation of sound, uniform traffic laws to serve as a guide which local authorities may adopt by reference or any part thereof, including all future amendments or additions thereto. Any local authority which adopts this chapter by reference may at any time exclude any section or sections from this chapter which it does not desire to include in its local traffic ordinance. This chapter is not 123 4 of 29 intended to deny any local authority its legislative power, but rather to enhance safe and efficient movement of traffic throughout the state by having current, uniform traffic laws available. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-005, filed 12/13/93, effective 7/1/94.] 308-330-010 Amendments to this chapter automatically included. The addition of any new section to, or amendment or repeal of any section in, this chapter shall be deemed to amend any city, town, or county ordinance which has adopted by reference to this chapter or any part thereof, and it shall not be necessary for the legislative authority of any city, town, or county to take any action with respect to such addition, amendment, or repeal notwithstanding the provisions of RCW 35.21.180,35A.12.140, 35A.13.180, and 36.32.120(7). [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-010, filed 12/13/93, effective 7/1/94.] 308-330-030 Uniformity in application. The provisions of this chapter relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of this state, except as otherwise specifically provided. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-030, filed 12/13/93, effective 7/1/94.] 308-330-100 Chapter 46.04 RCW (Definitions) adopted by reference. All sections of chapter 46.04 RCW as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-100, filed 12/13/93, effective 7/1/94.] 308-330-109 Bus. "Bus" means every motor vehicle designed for carrying more than ten passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-109, filed 12/13/93, effective 7/1/94.] 308-330-112 Bus stop. "Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers: Provided, That such bus provides regularly scheduled service within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-112, filed 12/13/93, effective 7/1/94.] 308-330-115 City. "City" means every incorporated city and town. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-115, filed 12/13/93, effective 7/1/94.] 124 5 of 29 308-330-118 Demolish. "Demolish" means to destroy completely by use of a hydraulic baler and shears, or a shredder. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-118, filed 12/13/93, effective 7/1/94.] 308-330-127 Holidays. "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the local authority to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-127, filed 12/13/93, effective 7/1/94.] 308-330-133 Loading zone. "Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-133, filed 12/13/93, effective 7/1/94.] 308-330-136 Official time standard. "Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-136, filed 12/13/93, effective 7/1/94.] 308-330-139 Ordinance. "Ordinance" means a city or town ordinance or a county ordinance or resolution. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-139, filed 12/13/93, effective 7/1/94.] 308-330-142 Parking meter. "Parking meter" means any mechanical device or meter placed or erected adjacent to a parking meter space, for the purpose of regulating or controlling the period of time of occupancy of such parking meter space by any vehicle. Each parking meter installed shall indicate by proper legend the legal parking time and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. Each meter shall bear a legend indicating the days and hours when the requirement to deposit coins therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in the parking meter space in which such meter is located. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-142, filed 12/13/93, effective 7/1/94.] 125 6 of 29 308-330-145 Parking meter space. "Parking meter space" means any space within a parking meter zone, adjacent to a parking meter and which is duly designated for the parking of a single vehicle by appropriate markings on the pavement and/or the curb. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-145, filed 12/13/93, effective 7/1/94.] 308-330-148 Parking meter zone. "Parking meter zone" means any highway or part thereof or any off-street parking lot on which parking meters are installed and in operation. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-148, filed 12/13/93, effective 7/1/94.] 308-330-151 Passenger loading zone. "Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-151, filed 12/13/93, effective 7/1/94.] 308-330-154 Planting strip. "Planting strip" means that portion of a highway lying between the constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-154, filed 12/13/93, effective 7/1/94.] 308-330-157 Police or police officer. "Police or police officer" includes, in addition to the meaning in RCW 46.04.391, the police officers of a city, a town, marshal, or the sheriff and his/her deputies of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 46.90.010. WSR 94-23-029, § 308-330-157, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-157, filed 12/13/93, effective 7/1/94.] 308-330-160 Police chief or chief of police. "Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-160, filed 12/13/93, effective 7/1/94.] 308-330-163 Police department. "Police department" includes the police department of a city or town or the sheriff's office of a county whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-163, filed 12/13/93, effective 7/1/94.] 126 7 of 29 308-330-169 School bus zone. "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-169, filed 12/13/93, effective 7/1/94.] 308-330-172 Service parking. "Service parking" means the use of a parking meter space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-172, filed 12/13/93, effective 7/1/94.] 308-330-175 Street. "Street" means a "city street." [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-175, filed 12/13/93, effective 7/1/94.] 308-330-178 Taxicab. "Taxicab" means a motor vehicle for hire used for the transportation of persons for compensation, and not operated exclusively over a fixed route or between fixed termini. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-178, filed 12/13/93, effective 7/1/94.] 308-330-181 Taxicab stand. "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-181, filed 12/13/93, effective 7/1/94.] 308-330-184 Tow truck operator. "Tow truck operator" means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-184, filed 12/13/93, effective 7/1/94.] 308-330-187 Traffic division. "Traffic division" means the traffic division of the police department of the local authority, or in the event a traffic division is not established, then said term whenever used in this chapter shall be deemed to refer to the police department of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-187, filed 12/13/93, effective 7/1/94.] 127 8 of 29 308-330-190 U-turn. "U-turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-190, filed 12/13/93, effective 7/1/94.] 308-330-195 RCW sections adopted—Livestock. The following sections of the Revised Code of Washington (RCW) pertaining to livestock on highway right of way as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 16.24.065, and 16.24.070. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-195, filed 12/13/93, effective 7/1/94.] 308-330-197 RCW sections adopted—Off-road and nonhighway vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonhighway vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.09.310,46.09.330,46.09.350,46.09.360,46.09.420, 46.09.440,46.09.442,46.09.444,46.09.450,46.09.455,46.09.457,46.09.460,46.09.470,46.09.480,46.09.485, and 46.09.490. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-197, filed 11/30/15, effective 12/31/15; WSR 13-21- 026, § 308-330-197, filed 10/8/13, effective 11/8/13; WSR 11-20-041, § 308-330-197, filed 9/28/11, effective 10/29/11; WSR 10-18-058, § 308-330-197, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-197, filed 8/27/04, effective 9/27/04; WSR 97-10-068, § 308-330-197, filed 5/5/97, effective 6/5/97; WSR 94-23-029, § 308-330-197, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-197, filed 12/13/93, effective 7/1/94.] 308-330-200 RCW sections adopted—Snowmobiles. The following sections of the Revised Code of Washington (RCW) pertaining to snowmobiles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.10.300,46.10.310,46.10.330,46.10.460,46.10.470,46.10.480, 46.10.490,46.10.495, and 46.10.500. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-200, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-200, filed 9/28/11, effective 10/29/11; WSR 97-10-068, § 308-330-200, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-200, filed 12/13/93, effective 7/1/94.] 308-330-205 Public employees to obey traffic regulations. The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-205, filed 12/13/93, effective 7/1/94.] 308-330-210 Police administration. There is established in the police department of the local authority a traffic division to be under the control of a police officer appointed by, and directly responsible to, the chief of police. 128 9 of 29 [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-210, filed 12/13/93, effective 7/1/94.] 308-330-215 Duty of traffic division. It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the traffic regulations of the local authority, to make arrests for traffic violations, to investigate accidents and to cooperate with the traffic engineer and other officers of the local authority in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the said division by this chapter and the traffic ordinances of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-215, filed 12/13/93, effective 7/1/94.] 308-330-220 Authority of police and fire department officials. (1) Officers of the police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand, or signal in conformance with law: Provided, That in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of law. (2) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-220, filed 12/13/93, effective 7/1/94.] 308-330-225 Records of traffic violations. (1) The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of the local authority or of the state motor vehicle laws of which any person has been charged, with the exception of illegal parking or standing violations, together with a record of the final disposition of all such alleged offenses. Such records shall be so maintained as to show all types of violations and the total of each. Such records shall accumulate during at least a five-year period, and from that time on the records shall be maintained complete for at least the most recent five-year period. (2) All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record of all such forms shall be kept. (3) Records and reports concerning a person shall be available upon request only to that particular person requesting such record or report concerning himself, or the legal guardian thereof, the parent of a minor, or any authorized representative of such interested party, or the attorney or insurer thereof. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-225, filed 12/13/93, effective 7/1/94.] 308-330-230 Traffic division to investigate accidents. It shall be the duty of the traffic division, assisted by other members of the police department, to investigate traffic accidents, to arrest, and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-230, filed 12/13/93, effective 7/1/94.] 129 10 of 29 308-330-235 Traffic accident studies. Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the traffic engineer in conducting studies of such accidents and in determining remedial measures. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-235, filed 12/13/93, effective 7/1/94.] 308-330-240 Traffic accident reports. The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Such reports shall be available for the use and the information of the traffic engineer. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-240, filed 12/13/93, effective 7/1/94.] 308-330-245 Traffic division to submit annual traffic safety report. The traffic division shall annually prepare a traffic report which shall be filed with the appointing authority of the local authority. Such report shall contain information on traffic matters in the local authority as follows: (1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data; (2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police; (3) The plans and recommendations of the division for future traffic safety activities. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-245, filed 12/13/93, effective 7/1/94.] 308-330-250 Police department to administer bicycle licenses. The police department or some other office or department designated by the local authority shall administer the bicycle license regulations required by this chapter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-250, filed 12/13/93, effective 7/1/94.] 308-330-255 Police department to regulate parking meters. The police department shall be responsible for the regulation, control, operation, and use of parking meters installed in all parking meter zones. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-255, filed 12/13/93, effective 7/1/94.] 308-330-260 Traffic engineer. (1) The office of traffic engineer is established: Provided, That if there is no traffic engineer, then the engineer of the local authority shall serve as traffic engineer in addition to his/her other functions, and shall exercise the powers and duties with respect to traffic as provided in this chapter: Provided further, That if there is no engineer in the local authority, then the appointing authority shall designate a person to exercise such powers and duties. (2) It shall be the general duty of the traffic engineer to determine the installation and maintenance of traffic control devices, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions, to plan the operation of traffic on the highways of the local 130 11 of 29 authority, to cooperate with other officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by any ordinances of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-260, filed 12/13/93, effective 7/1/94.] 308-330-265 Traffic engineer—Authority. The traffic engineer is authorized: (1) To place and maintain official traffic control devices when and as required under the traffic ordinances or resolutions of the local authority to make effective the provisions of said ordinances or resolutions, and may place and maintain such additional official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic under the traffic ordinances or resolutions of the local authority; (2) To place and maintain official traffic control devices as he/she may deem necessary to regulate, warn, or guide traffic for construction, detours, emergencies, and special conditions; (3) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his/her opinion there is particular danger to pedestrians crossing the roadway, and in such other places as he/she may deem necessary; (4) To establish safety zones of such kind and character and at such places as he/she may deem necessary for the protection of pedestrians; (5) To mark traffic lanes upon the roadway of any highway where a regular alignment of traffic is necessary; (6) To regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner; (7) To place official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, in accordance with the provisions of this chapter, and such course to be traveled as so indicated may conform to or be other than as prescribed by law; (8) To determine those intersections at which drivers of vehicles shall not make a right, left, or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted; (9) To erect and maintain stop signs, yield signs, or other official traffic control devices to designate arterial highways or to designate intersection or other roadway junctions at which vehicular traffic on one or more of the roadways shall yield or stop and yield before entering the intersection or junction, except as provided in RCW 46.61.195; (10) To issue special permits to authorize the backing of a vehicle to the curb for the purpose of loading or unloading property subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property alongside the curb or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized by this section; (11) To erect signs indicating no parking upon both sides of a highway when the width of the improved roadway does not exceed twenty feet, or upon one side of a highway as indicated by such signs when the width of the improved roadway is between twenty and twenty-eight feet; (12) To determine when standing or parking may be permitted upon the left-hand side of any roadway when the highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway and to erect signs giving notice thereof; (13) To determine and designate by proper signs places not exceeding one hundred feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic; (14) To determine the location of loading zones, passenger loading zones, and tow-away zones and shall place and maintain appropriate signs or curb markings supplemented with the appropriate words stenciled on the curb indicating the same and stating the hours during which the provisions of this chapter are applicable; 131 12 of 29 (15) To establish bus stops, bus stands, taxicab stands, and stands for other for hire vehicles on such highways in such places and in such number as he/she shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs or by curb markings supplemented with the appropriate words stenciled on the curb; (16) To erect and maintain official traffic control devices on any highway or part thereof to impose gross weight limits on the basis of an engineering and traffic investigation; (17) To erect and maintain official traffic control devices on any highway or part thereof to prohibit the operation of trucks exceeding ten thousand pounds gross weight on the basis of an engineering and traffic investigation: Provided, That such devices shall not prohibit necessary local operation on such highways for the purpose of making a pickup or delivery; (18) To erect and maintain official traffic control devices on any highway or part thereof to impose vehicle size restrictions on the basis of an engineering and traffic investigation; (19) To determine and designate those heavily traveled highways upon which shall be prohibited any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic on the basis of an engineering and traffic investigation and shall erect appropriate official traffic control devices giving notice thereof; (20) To install parking meters in the established parking meter zones upon the curb adjacent to each designated parking space; (21) To designate the parking space adjacent to each parking meter for which such meter is to be used by appropriate markings upon the curb and/or the pavement of the highway; (22) To post appropriate signs making it unlawful for pedestrians to cross highways in certain crosswalks when such crossing would endanger either pedestrian or vehicular traffic using the highway; (23) To test new or proposed traffic control devices under actual conditions of traffic. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-265, filed 12/13/93, effective 7/1/94.] 308-330-270 Local authority—Authority. After an engineering and traffic investigation by the traffic engineer, the local authority may by resolution: (1) Decrease maximum speed limits pursuant to RCW 46.61.415; (2) Increase maximum speed limits pursuant to RCW 46.61.415; (3) Determine and declare the maximum speed limits on arterial highways pursuant to RCW 46.61.415; (4) Determine and declare upon what highways angle parking shall be permitted pursuant to RCW 46.61.575(3); (5) Prohibit, regulate, or limit, stopping, standing, or parking of vehicles on any highway at all times or during such times as shall be indicated by official traffic control devices; (6) Determine and declare parking meter zones upon those highways or parts thereof where the installation of parking meters will be necessary to regulate parking; (7) Close any highway or part thereof temporarily to any or all traffic; (8) Determine and declare one-way highways pursuant to RCW 46.61.135; (9) Determine and declare arterial highways pursuant to RCW 46.61.195 and 46.61.435. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-270, filed 12/13/93, effective 7/1/94.] 308-330-275 Traffic safety commission—Powers and duties. (1) There is established a traffic safety commission to serve without compensation, consisting of the traffic engineer, the chief of police, or, in his/her discretion as his/her representative, the chief of the traffic division or other cognizant member of the police department, one representative each from the engineer's office and the attorney's office, and such number of other officers of the local authority and representatives of unofficial 132 13 of 29 bodies as may be determined and appointed by the appointing authority of the local authority. The chair of the commission shall be appointed by such appointing authority and may be removed by such authority. (2) It shall be the duty of the traffic safety commission, and to this end it shall have authority within the limits of the funds at its disposal, to coordinate traffic activities, to supervise the preparation and publication of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the legislative body of the local authority and to the traffic engineer, the chief of the traffic division, and other officials, ways and means for improving traffic conditions and the administration and enforcement of traffic regulations. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-275, filed 12/13/93, effective 7/1/94.] 308-330-300 RCW sections adopted—Certificates of ownership and registration[s]. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle certificates of ownership and registrations as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.550,46.12.590, 46.12.600,46.12.635,46.12.650,46.12.655,46.12.660,46.12.720,46.12.725,46.12.730,46.12.735,46.12.740, 46.12.745,46.12.750, and 46.12.755. [Statutory Authority: RCW 46.90.010. WSR 11-20-041, § 308-330-300, filed 9/28/11, effective 10/29/11; WSR 99-04- 070, § 308-330-300, filed 2/1/99, effective 3/4/99; WSR 97-10-068, § 308-330-300, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-300, filed 6/19/96, effective 7/20/96; WSR 95-23-042, § 308-330-300, filed 11/13/95, effective 12/14/95; WSR 94-23-029, § 308-330-300, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-300, filed 12/13/93, effective 7/1/94.] Reviser's note:RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement. 308-330-305 RCW sections adopted—Vehicle licenses. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle licenses as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.695,46.16A.030,46.16A.140,46.16A.160,46.16A.175, 46.16A.180,46.16A.200,46.16A.320,46.16A.350,46.16A.405,46.16A.420,46.16A.425,46.16A.428, 46.16A.450,46.16A.500,46.16A.520,46.16A.530,46.16A.540,46.16A.545,46.18.200,46.18.205,46.18.215, 46.18.220,46.18.235,46.18.275,46.18.277,46.18.285,46.19.050, and 46.19.070. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-305, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-305, filed 9/28/11, effective 10/29/11; WSR 04-18-061, § 308-330-305, filed 8/27/04, effective 9/27/04; WSR 02-04-075, § 308-330-305, filed 2/1/02, effective 3/4/02; WSR 97-10-068, § 308-330-305, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-305, filed 6/19/96, effective 7/20/96; WSR 95-23-042, § 308-330-305, filed 11/13/95, effective 12/14/95; WSR 94-01-082, § 308-330-305, filed 12/13/93, effective 7/1/94.] 308-330-307 RCW sections adopted—Driver licenses and identicards. The following sections of the Revised Code of Washington (RCW) pertaining to driver licenses and identification cards as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.20.001,46.20.005,46.20.015,46.20.017, 46.20.021,46.20.022,46.20.024,46.20.025,46.20.027,46.20.031,46.20.041,46.20.045,46.20.055,46.20.070, 46.20.075,46.20.0921,46.20.109,46.20.220,46.20.308,46.20.3101,46.20.338,46.20.342,46.20.345, 46.20.349,46.20.391,46.20.394,46.20.410,46.20.500,46.20.510,46.20.720,46.20.740, and 46.20.750. [Statutory Authority: RCW 46.90.010. WSR 02-04-075, § 308-330-307, filed 2/1/02, effective 3/4/02; WSR 00-18-067, § 308-330-307, filed 9/1/00, effective 10/2/00; WSR 99-04-070, § 308-330-307, filed 2/1/99, effective 3/4/99. Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229. WSR 97-16-041, § 308-330-307, filed 7/31/97, effective 8/31/97. 133 14 of 29 Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-307, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-307, filed 6/19/96, effective 7/20/96; WSR 95-23-042, § 308-330-307, filed 11/13/95, effective 12/14/95; WSR 94-23-029, § 308-330-307, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-307, filed 12/13/93, effective 7/1/94.] 308-330-309 RCW sections adopted—Uniform Commercial Driver's License Act. The following sections of the Revised Code of Washington (RCW) pertaining to the Uniform Commercial Driver's License Act as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.25.010,46.25.020,46.25.030,46.25.040, 46.25.050,46.25.052,46.25.055,46.25.057,46.25.110,46.25.120, and 46.25.170. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-309, filed 11/30/15, effective 12/31/15; WSR 13-21- 027, § 308-330-309, filed 10/8/13, effective 7/8/14; WSR 04-18-061, § 308-330-309, filed 8/27/04, effective 9/27/04; WSR 94-01-082, § 308-330-309, filed 12/13/93, effective 7/1/94.] 308-330-310 RCW sections adopted—Financial responsibility. The following section of the Revised Code of Washington (RCW) pertaining to financial responsibility as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.29.605. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-310, filed 12/13/93, effective 7/1/94.] 308-330-312 RCW sections adopted—Mandatory liability insurance. The following sections of the Revised Code of Washington (RCW) pertaining to mandatory liability insurance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as through such sections were set forth herein in full: RCW 46.30.010,46.30.020,46.30.030, and 46.30.040. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-312, filed 12/13/93, effective 7/1/94.] 308-330-314 RCW sections adopted—Vehicle inspection. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle inspection as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.32.060 and 46.32.070. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-314, filed 12/13/93, effective 7/1/94.] 308-330-316 RCW sections adopted—Vehicle lighting and other equipment. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle lighting and other equipment as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.37.010,46.37.020,46.37.030,46.37.040, 46.37.050,46.37.060,46.37.070,46.37.080,46.37.090,46.37.100,46.37.110,46.37.120,46.37.130,46.37.140, 46.37.150,46.37.160,46.37.170,46.37.180,46.37.184,46.37.185,46.37.186,46.37.187,46.37.188,46.37.190, 46.37.193,46.37.196,46.37.200,46.37.210,46.37.215,46.37.220,46.37.230,46.37.240,46.37.260,46.37.270, 46.37.280,46.37.290,46.37.300,46.37.310,46.37.340,46.37.351,46.37.360,46.37.365,46.37.369,46.37.375, 46.37.380,46.37.390,46.37.395,46.37.400,46.37.410,46.37.420,46.37.4215,46.37.4216,46.37.423, 46.37.424,46.37.425,46.37.430,46.37.435,46.37.440,46.37.450,46.37.465,46.37.467,46.37.470,46.37.480, 134 15 of 29 46.37.490,46.37.495,46.37.500,46.37.510,46.37.513,46.37.517,46.37.518,46.37.520,46.37.522,46.37.523, 46.37.524,46.37.525,46.37.527,46.37.528,46.37.529,46.37.530,46.37.535,46.37.537,46.37.539,46.37.540, 46.37.550,46.37.560,46.37.570,46.37.590,46.37.600,46.37.610,46.37.620,46.37.630,46.37.640,46.37.650, 46.37.660,46.37.670,46.37.671,46.37.672,46.37.673,46.37.674,46.37.675,46.37.680, and 46.37.685. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-316, filed 11/30/15, effective 12/31/15; WSR 13-21- 026, § 308-330-316, filed 10/8/13, effective 11/8/13; WSR 10-18-058, § 308-330-316, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-316, filed 8/27/04, effective 9/27/04; WSR 00-18-067, § 308-330-316, filed 9/1/00, effective 10/2/00; WSR 97-10-068, § 308-330-316, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-316, filed 6/19/96, effective 7/20/96; WSR 95-23-042, § 308-330-316, filed 11/13/95, effective 12/14/95; WSR 94-01-082, § 308-330-316, filed 12/13/93, effective 7/1/94.] 308-330-320 RCW sections adopted—Size, weight, load. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle size, weight, and load as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.44.010,46.44.013,46.44.020,46.44.030,46.44.034, 46.44.036,46.44.037,46.44.041,46.44.042,46.44.043,46.44.047,46.44.050,46.44.060,46.44.070,46.44.090, 46.44.091,46.44.092,46.44.093,46.44.095,46.44.096,46.44.105,46.44.120,46.44.130,46.44.140,46.44.170, 46.44.173,46.44.175,46.44.180, and 46.44.190. [Statutory Authority: RCW 46.90.010. WSR 10-18-058, § 308-330-320, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-320, filed 8/27/04, effective 9/27/04; WSR 02-04-075, § 308-330-320, filed 2/1/02, effective 3/4/02; WSR 94- 23-029, § 308-330-320, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-320, filed 12/13/93, effective 7/1/94.] 308-330-322 RCW sections adopted—Transportation of hazardous materials. The following section of the Revised Code of Washington (RCW) and Washington Administrative Code (WAC) pertaining to transportation of hazardous materials as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.48.170,46.48.175 and 46.48.185 and chapter 446-50 WAC. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-322, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-322, filed 12/13/93, effective 7/1/94.] 308-330-325 RCW sections adopted—Accidents, reports. The following sections of the Revised Code of Washington (RCW) pertaining to accidents and accident reports as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.52.010,46.52.020,46.52.030,46.52.040,46.52.070, 46.52.080,46.52.088,46.52.090, and 46.52.101. [Statutory Authority: RCW 46.90.010. WSR 00-18-067, § 308-330-325, filed 9/1/00, effective 10/2/00; WSR 94-01-082, § 308-330-325, filed 12/13/93, effective 7/1/94.] 308-330-327 RCW sections adopted—Hulk haulers and scrap processors. The following sections of the Revised Code of Washington (RCW) pertaining to hulk haulers and scrap processors as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.79.010 and 46.79.120. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-327, filed 12/13/93, effective 7/1/94.] 135 16 of 29 308-330-330 RCW sections adopted—Motor vehicle wreckers. The following sections of the Revised Code of Washington (RCW) pertaining to motor vehicle wreckers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.80.010 and 46.80.060. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-330, filed 11/30/15, effective 12/31/15; WSR 95-23- 042, § 308-330-330, filed 11/13/95, effective 12/14/95; WSR 94-01-082, § 308-330-330, filed 12/13/93, effective 7/1/94.] 308-330-360 Owner of record presumed liable for costs when vehicle abandoned—Exception. (1) The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing, and disposing of any abandoned vehicle. (2) A registered owner transferring a vehicle shall be relieved from personal liability under this section if he or she transmits to the department a seller's report of sale as provided by RCW 46.12.650. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-360, filed 11/30/15, effective 12/31/15; WSR 94-01- 082, § 308-330-360, filed 12/13/93, effective 7/1/94.] 308-330-365 Contract with registered disposer to dispose of vehicles and hulks—Compliance required. (1) The local authority may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer by the department for the purpose of disposing of certain automobile hulks, abandoned junk motor vehicles, and abandoned vehicles. (2) Any registered disposer under contract to the local authority for the removing and storing of vehicles or hulks shall comply with the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the local authority or the director. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-365, filed 12/13/93, effective 7/1/94.] 308-330-370 Stolen and abandoned vehicles—Reports of—Recovery, report required, penalty— Disposition. It shall be the duty of the chief of police to report immediately to the chief of the Washington state patrol all motor vehicles reported to them as stolen or recovered, upon forms to be provided by the chief of the Washington state patrol. In the event that any motor vehicle reported as stolen has been recovered, failure of the person so reporting the same as stolen to report the recovery thereof to the chief of police to whom such motor vehicle was reported as stolen is a traffic infraction. It shall be the duty of the chief of police to report to the chief of the Washington state patrol all vehicles or automobile hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforcement officer, be placed in the custody of a tow truck operator registered pursuant to chapter 46.55 RCW. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-370, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-370, filed 12/13/93, effective 7/1/94.] 136 17 of 29 308-330-400 Provisions of chapter refer to vehicles upon highway—Exception. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: (1) Where a different place is specifically referred to in a given section; (2) The provisions of RCW 46.52.010,46.52.020,46.52.030,46.52.070,46.52.080,46.52.090, and 46.61.500 through 46.61.530 shall apply upon highways and elsewhere throughout the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-400, filed 5/5/97, effective 6/5/97; WSR 96-13-089, § 308-330-400, filed 6/19/96, effective 7/20/96; WSR 94-23-029, § 308-330-400, filed 11/8/94, effective 12/9/94; WSR 94- 01-082, § 308-330-400, filed 12/13/93, effective 7/1/94.] 308-330-403 Required obedience to traffic ordinance. It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-403, filed 12/13/93, effective 7/1/94.] 308-330-406 RCW sections adopted—Abandoned, unauthorized, and junk vehicle tow truck operators. The following sections of the Revised Code of Washington (RCW) pertaining to abandoned, unauthorized, and junk vehicle tow truck operators as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.55.010,46.55.020, 46.55.025,46.55.035,46.55.037,46.55.040,46.55.050,46.55.060,46.55.063,46.55.070,46.55.075,46.55.080, 46.55.085,46.55.090,46.55.100,46.55.105,46.55.110,46.55.113,46.55.120,46.55.130,46.55.140,46.55.150, 46.55.160,46.55.170,46.55.230, and 46.55.240. [Statutory Authority: RCW 46.90.010. WSR 00-18-067, § 308-330-406, filed 9/1/00, effective 10/2/00; WSR 97-10-068, § 308-330-406, filed 5/5/97, effective 6/5/97; WSR 95-23-042, § 308-330-406, filed 11/13/95, effective 12/14/95; WSR 94-01-082, § 308-330-406, filed 12/13/93, effective 7/1/94.] 308-330-408 RCW sections adopted—Traffic laws, signs, signals, markings. The following sections of the Revised Code of Washington (RCW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.005, 46.61.015,46.61.020,46.61.021,46.61.022,46.61.024,46.61.025,46.61.030,46.61.035,46.61.050,46.61.055, 46.61.060,46.61.065,46.61.070,46.61.072,46.61.075,46.61.080, and 46.61.085. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-408, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-408, filed 12/13/93, effective 7/1/94.] 308-330-409 Traffic control devices required—Stopping, standing, and parking. No prohibition, regulation, or limitation relating to stopping, standing, or parking imposed under this chapter or any ordinance of the local authority for which traffic control devices are required shall be effective unless official traffic control devices are erected and in place at the time of any alleged offense. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-409, filed 12/13/93, effective 7/1/94.] 137 18 of 29 308-330-412 Crossing new pavement and markings. No person shall ride or drive any animal, bicycle, or vehicle, across any newly made pavement or freshly applied markings on any highway when a sign, cone marker, or other warning device is in place warning persons not to drive across such pavement or marking. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-412, filed 12/13/93, effective 7/1/94.] 308-330-415 RCW sections adopted—Right of way. The following sections of the Revised Code of Washington (RCW) pertaining to vehicles and pedestrians use of roadways, right of way, rights and duties as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.100, 46.61.105,46.61.110,46.61.115,46.61.120,46.61.125,46.61.130,46.61.135,46.61.140,46.61.145,46.61.150, 46.61.155,46.61.160,46.61.165,46.61.180,46.61.183,46.61.184,46.61.185,46.61.190,46.61.195,46.61.200, 46.61.202,46.61.205,46.61.210,46.61.212,46.61.215,46.61.220,46.61.230,46.61.235,46.61.240,46.61.245, 46.61.250,46.61.255,46.61.260,46.61.261,46.61.264,46.61.266, and 46.61.269. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-415, filed 11/30/15, effective 12/31/15; WSR 10-18- 058, § 308-330-415, filed 8/30/10, effective 9/30/10; WSR 00-18-067, § 308-330-415, filed 9/1/00, effective 10/2/00; WSR 97-10-068, § 308-330-415, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-415, filed 12/13/93, effective 7/1/94.] 308-330-421 RCW sections adopted—Turning, starting and stopping. The following sections of the Revised Code of Washington (RCW) pertaining to turning, starting, signals on stopping and turning, and special stops as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.290,46.61.295, 46.61.300,46.61.305,46.61.310,46.61.315,46.61.340,46.61.345,46.61.350,46.61.355,46.61.365,46.61.370, 46.61.371,46.61.372,46.61.375,46.61.380, and 46.61.385. [Statutory Authority: RCW 46.90.010. WSR 00-18-067, § 308-330-421, filed 9/1/00, effective 10/2/00; WSR 97-10-068, § 308-330-421, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-421, filed 12/13/93, effective 7/1/94.] 308-330-423 RCW sections adopted—Speed restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to speed restrictions as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.400,46.61.415,46.61.419,46.61.425,46.61.427,46.61.428, 46.61.435,46.61.440,46.61.445,46.61.450,46.61.455,46.61.460,46.61.465, and 46.61.470. [Statutory Authority: RCW 46.90.010. WSR 04-18-061, § 308-330-423, filed 8/27/04, effective 9/27/04; WSR 00-18-067, § 308-330-423, filed 9/1/00, effective 10/2/00; WSR 94-01-082, § 308-330-423, filed 12/13/93, effective 7/1/94.] 308-330-425 RCW sections adopted—Reckless driving, negligent driving, vehicular homicide and assault. The following sections of the Revised Code of Washington (RCW) pertaining to reckless driving, negligent driving, driving while under the influence of intoxicating liquor or any drug, vehicular homicide and assault as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.500,46.61.502,46.61.503,46.61.504,46.61.5054, 138 19 of 29 46.61.5055,46.61.50571,46.61.5058,46.61.506,46.61.513,46.61.517,46.61.519,46.61.5191,46.61.5195, 46.61.5249,46.61.525,46.61.526,46.61.527,46.61.530,46.61.535,46.61.540, and 46.61.745. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-425, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-425, filed 9/28/11, effective 10/29/11; WSR 99-04-070, § 308-330-425, filed 2/1/99, effective 3/4/99. Statutory Authority: RCW 46.90.010 and 1997 c 66 and c 229. WSR 97-16-041, § 308-330-425, filed 7/31/97, effective 8/31/97. Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-425, filed 5/5/97, effective 6/5/97; WSR 95- 23-042, § 308-330-425, filed 11/13/95, effective 12/14/95; WSR 94-23-029, § 308-330-425, filed 11/8/94, effective 12/9/94; WSR 94-01-082, § 308-330-425, filed 12/13/93, effective 7/1/94.] 308-330-430 Obedience to angle-parking signs or markings. Upon those highways which have been signed or marked for angle-parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-430, filed 12/13/93, effective 7/1/94.] 308-330-433 Parking not to obstruct traffic. (1) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic. (2) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-433, filed 12/13/93, effective 7/1/94.] 308-330-436 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the principle purpose of: (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from such vehicle, except when authorized. (2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-436, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-436, filed 12/13/93, effective 7/1/94.] 308-330-439 Standing in passenger loading zone. No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only for a period not to exceed three minutes. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-439, filed 12/13/93, effective 7/1/94.] 308-330-442 Standing in loading zone. (1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone 139 20 of 29 during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed thirty minutes. (2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-442, filed 12/13/93, effective 7/1/94.] 308-330-445 Standing in a tow-away zone. No person shall stop, stand, or park a vehicle in a place marked as a tow-away zone during hours when the provisions applicable to such zone are in effect. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-445, filed 12/13/93, effective 7/1/94.] 308-330-448 Violating permits for loading or unloading at an angle to the curb. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any permit issued by the traffic engineer for the backing of a vehicle to the curb for the purpose of loading or unloading property. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-448, filed 12/13/93, effective 7/1/94.] 308-330-451 Standing or parking on one-way roadways. In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-451, filed 12/13/93, effective 7/1/94.] 308-330-454 Stopping, standing, and parking of buses and taxicabs regulated. (1) The operator of a bus shall not stop, stand, or park such vehicle upon any highway at any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers or their baggage. (2) The operator of a bus shall enter a bus stop or passenger loading zone on a highway in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not farther than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. (3) The operator of a taxicab shall not stop, stand, or park such vehicle upon any highway at any place other than in a designated taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. [Statutory Authority: RCW 46.90.010. WSR 95-23-042, § 308-330-454, filed 11/13/95, effective 12/14/95; WSR 94-01- 082, § 308-330-454, filed 12/13/93, effective 7/1/94.] 140 21 of 29 308-330-457 Restricted use of bus stops and taxicab stands. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the purpose of, or while actually engaged in, loading or unloading passengers when such stopping does not interfere with any bus, or taxicab waiting to enter or about to enter such stop or stand. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-457, filed 12/13/93, effective 7/1/94.] 308-330-460 Right of way for parking. The driver of any vehicle who first begins driving or maneuvering his/her vehicle into a vacant parking space shall have a prior right of way to park in such place, and it shall be unlawful for another driver to attempt to deprive him/her thereof by blocking his/her access or otherwise. For the purpose of establishing right of way in this section it shall be considered proper to back into any but a front-in angle parking space. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-460, filed 12/13/93, effective 7/1/94.] 308-330-462 RCW sections adopted—Stopping, standing, and parking. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.08.185,46.61.560,46.61.570,46.61.575, 46.61.581,46.61.582,46.61.583,46.61.585,46.61.587, and 46.61.590. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-462, filed 11/30/15, effective 12/31/15; WSR 13-21- 026, § 308-330-462, filed 10/8/13, effective 11/8/13; WSR 97-10-068, § 308-330-462, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-462, filed 12/13/93, effective 7/1/94.] 308-330-464 RCW sections adopted—Operation and restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to the operation of vehicles and the restriction of certain acts and practices of vehicle operators and passengers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.600,46.61.605,46.61.606,46.61.608,46.61.610,46.61.611,46.61.612,46.61.614, 46.61.615,46.61.620,46.61.625,46.61.630,46.61.635,46.61.640,46.61.645,46.61.655,46.61.660,46.61.665, 46.61.667,46.61.668,46.61.670,46.61.675,46.61.680,46.61.685,46.61.687,46.61.688,46.61.690,46.61.700, 46.61.705,46.61.710,46.61.720,46.61.723,46.61.725,46.61.730,46.61.735, and 46.61.740. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-464, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-464, filed 9/28/11, effective 10/29/11; WSR 10-18-058, § 308-330-464, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-464, filed 8/27/04, effective 9/27/04; WSR 02-04-075, § 308-330-464, filed 2/1/02, effective 3/4/02; WSR 94-01-082, § 308-330-464, filed 12/13/93, effective 7/1/94.] 308-330-466 Funeral processions. (1) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable. (2) A funeral procession shall be accompanied by adequate escort vehicles for traffic control purposes as determined by the chief of police. 141 22 of 29 (3) All motor vehicles in a funeral procession shall be identified by having their headlights turned on or by such other method as may be determined and designated by the chief of police. (4) All motor vehicles in a funeral procession shall be operated as near to the right-hand edge of the roadway as is practicable and shall follow the vehicle ahead as close as is practicable and safe. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-466, filed 12/13/93, effective 7/1/94.] 308-330-469 When permits required for parades and processions. With the exception of funeral processions and parades of the armed forces of the United States, the military forces of this state, and the forces of the police and fire departments, no processions or parades shall be conducted on the highways within the jurisdiction of the local authority except in accordance with a permit issued by the chief of police and such other regulations as are set forth in this chapter which may be applicable. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-469, filed 12/13/93, effective 7/1/94.] 308-330-472 Interfering with processions. (1) No person shall unreasonably interfere with a procession. (2) No person shall operate a vehicle that is not part of a procession between the vehicles of the procession. This provision shall not apply at intersections where traffic is controlled by traffic control devices unless a police officer is present at such intersections to direct traffic so as to preserve the continuity of the procession. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-472, filed 12/13/93, effective 7/1/94.] 308-330-475 Boarding or alighting from vehicles. No person shall board or alight from any vehicle while such vehicle is in motion. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-475, filed 12/13/93, effective 7/1/94.] 308-330-478 Unlawful riding. No person shall ride upon any portion of a vehicle not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-478, filed 12/13/93, effective 7/1/94.] 308-330-481 RCW sections adopted—Operation of nonmotorized vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to the operation of nonmotorized vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.750,46.61.755,46.61.758, 46.61.760,46.61.765,46.61.770,46.61.775,46.61.780, and 46.61.790. [Statutory Authority: RCW 46.90.010. WSR 02-04-075, § 308-330-481, filed 2/1/02, effective 3/4/02; WSR 94-01-082, § 308-330-481, filed 12/13/93, effective 7/1/94.] 142 23 of 29 308-330-500 Bicycle license required. No person who resides within the jurisdiction of the local authority shall ride or propel a bicycle on any highway or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate or decal is attached thereto as provided in WAC 308-330-500 through 308-330-540. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-500, filed 12/13/93, effective 7/1/94.] 308-330-505 Bicycle license application. Application for a bicycle license and license plate or decal shall be made upon a form provided by and to the chief of police. An annual license fee as prescribed by the local authority shall be paid to the local authority before each license or renewal thereof is granted. Duplicate license plates or decals may be supplied for the same cost as the original plate or decal in the event of loss of the plate or decal. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-505, filed 12/13/93, effective 7/1/94.] 308-330-510 Issuance of bicycle license. (1) The chief of police upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective for one calendar year. (2) The chief of police shall not issue a license for any bicycle when he/she knows or has reasonable grounds to believe that the applicant is not the owner of, or entitled to the possession of, such bicycle. (3) The chief of police shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, and a record of all bicycle license fees collected by him. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-510, filed 12/13/93, effective 7/1/94.] 308-330-515 Attachment of bicycle license plate or decal. (1) The chief of police, upon issuing a bicycle license, shall also issue a license plate or decal bearing the license number assigned to the bicycle, and the name of the local authority. (2) Such license plate or decal shall be firmly attached to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear. (3) No person shall remove a license plate or decal from a bicycle during the period for which issued except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated upon any highway within the jurisdiction of the local authority. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-515, filed 12/13/93, effective 7/1/94.] 308-330-520 Inspection of bicycles. The chief of police, or an officer assigned such responsibility, may inspect each bicycle before licensing the same and may refuse a license for any bicycle which he/she determines is in unsafe mechanical condition. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-520, filed 12/13/93, effective 7/1/94.] 308-330-525 Renewal of bicycle license. Upon the expiration of any bicycle license, the same may be renewed upon application and payment of the same fee as upon an original application. 143 24 of 29 [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-525, filed 12/13/93, effective 7/1/94.] 308-330-530 Bicycle transfer of ownership. Upon the sale or other transfer of a licensed bicycle, the licensee shall remove the license plate or decal and shall either surrender the same to the chief of police or may upon proper application, but without payment of additional fee, have such plate or decal assigned to another bicycle owned by the applicant. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-530, filed 12/13/93, effective 7/1/94.] 308-330-535 Bicycle rental agencies. A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate or decal is attached thereto as provided herein and such bicycle is equipped with the equipment required by RCW 46.61.780. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-535, filed 12/13/93, effective 7/1/94.] 308-330-540 Bicycle dealers. Every person engaged in the business of buying or selling new or second-hand bicycles shall make a report to the chief of police of every bicycle purchased or sold by such dealer, giving the name and address of the person from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number thereof, and number of license plate or decal, if any, found thereon. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-540, filed 12/13/93, effective 7/1/94.] 308-330-545 Bicycles—Obedience to traffic control devices. (1) Any person operating a bicycle shall obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a police officer. (2) Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle at the right-hand curb or as close as is practicable to the right edge of the right-hand shoulder to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-545, filed 12/13/93, effective 7/1/94.] 308-330-550 Bicycles—Parking. No person shall park a bicycle upon a highway other than: (1) Off the roadway except in designated areas; (2) Upon the sidewalk in a rack to support the bicycle; (3) Against a building; or (4) In such manner as to afford the least obstruction to pedestrian traffic. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-550, filed 12/13/93, effective 7/1/94.] 144 25 of 29 308-330-555 Bicycles—Riding on sidewalks. (1) No person shall ride a bicycle upon a sidewalk in a business district. (2) A person may ride a bicycle on any other sidewalk or any roadway unless restricted or prohibited by traffic control devices. (3) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-555, filed 12/13/93, effective 7/1/94.] 308-330-560 Bicycles—Penalties. Violation of any provision of WAC 308-330-500 through 308-330-540 is a traffic infraction. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-560, filed 12/13/93, effective 7/1/94.] 308-330-565 Unclaimed bicycles. All unclaimed bicycles in the custody of the police department shall be disposed of as provided in chapter 63.32 RCW. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-565, filed 12/13/93, effective 7/1/94.] 308-330-600 Parking meter spaces. No person shall park a vehicle in any designated parking meter space during the restricted or regulated time applicable to the parking meter zone in which such meter is located so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space, except that a vehicle which is of a size too large to be parked within a single designated parking meter space shall be permitted to occupy two adjoining parking meter spaces when coins shall have been deposited in the parking meter for each space so occupied as is required for the parking of other vehicles in such spaces. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-600, filed 12/13/93, effective 7/1/94.] 308-330-610 Parking meters—Deposit of coins and time limits. (1) No person shall park a vehicle in any parking meter space alongside of and next to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a United States coin or coins of the appropriate denomination as indicated on the parking meter shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation. (2) No person shall permit a vehicle within his/her control to be parked in any parking meter space during the restricted and regulated time applicable to the parking meter zone in which such meter is located while the parking meter for such space indicates by signal that the lawful parking time in such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in such meter. (3) No person shall park a vehicle in any parking meter space for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located, irrespective of the number or amounts of the coins deposited in such meter. 145 26 of 29 (4) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this chapter prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-610, filed 12/13/93, effective 7/1/94.] 308-330-620 Parking meters—Use of slugs prohibited. No person shall deposit or attempt to deposit in any parking meter any bent coin, slug, button, or any other device or substance as substitutes for United States coins. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-620, filed 12/13/93, effective 7/1/94.] 308-330-630 Tampering with parking meter. No person shall deface, injure, tamper with, open, or wilfully break, destroy, or impair the usefulness of any parking meter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-630, filed 12/13/93, effective 7/1/94.] 308-330-640 Parking meters—Rule of evidence. The parking or standing of any motor vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space for a period longer than permitted by this chapter. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-640, filed 12/13/93, effective 7/1/94.] 308-330-650 Parking meters—Application of proceeds. (1) The coins required to be deposited in parking meters are levied and assessed as fees to cover the regulation and control of parking upon highways, the costs of parking meters, their installation, inspection, supervision, operation, repair, and maintenance, control and use of parking spaces, and regulating the parking of vehicles in parking meter zones; and the costs of acquiring, establishing, improving, maintaining, and operating public off-street parking facilities. (2) The coins deposited in parking meters shall be collected by the duly authorized agents of the local authority and shall be deposited by them as directed by the local authority. (3) The local authority shall pay from the moneys collected from parking meters the costs for any parking meters purchased and installed as provided herein, and expenses incurred for their installation, inspection, service, supervision, repair, and maintenance, for making collections from such parking meters, and for the enforcement of provisions herein applicable to parking meter zones. The net proceeds derived from the operation of parking meters after the payment of such costs and expenses, may be used for parking studies and for the acquisition, establishment, improvement, maintenance, and operation of public off-street parking facilities. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-650, filed 12/13/93, effective 7/1/94.] 308-330-660 Service parking. The chief of police is authorized to issue a permit for service parking upon payment of the fee prescribed by the local authority and upon the following conditions: 146 27 of 29 (1) Application shall be made to the chief of police on such forms as the chief of police shall prescribe. The applicant shall set forth the applicant's business and the necessity for such permit. The chief of police shall investigate the facts as necessary. (2) If it appears that a necessity exists, the chief of police may authorize the issuance of such permit under the conditions prescribed in this section. (3) Upon issuance of the permit, the permittee shall be issued a hood to use in covering any parking meter. As many hoods may be issued upon payment of the prescribed fee as the chief of police deems necessary or convenient for the applicant. The hood shall be provided with a padlock, tow keys, and an identification card attached with a blank space thereon. (4) Upon entering any parking meter space available, the permittee shall place the hood over the parking meter and lock the same and shall indicate in such blank space the exact place where the service work is being rendered. (5) The permittee shall not place the hood over any meter when the space is occupied by another vehicle, and shall before vacating the space at the conclusion of the work remove the hood. The hood shall not be allowed to remain in place for over one hour when the space is not occupied by an authorized vehicle, nor shall it be allowed to remain in place after 6:00 p.m. on any weekday or on any Sunday or holiday. It shall not be used during hours when parking or stopping in the parking meter space is prohibited. No vehicle licensed as a passenger car shall be parked in the space covered by the hooded parking meter. (6) The chief of police may revoke any permit if the service parking hood is used for any purpose other than that authorized in this section or for any violation of this chapter. Upon revocation, the hood shall immediately be returned to the police department and all fees paid shall be forfeited. Police officers finding such hood in use shall investigate the use being made thereof, and if it is found in violation of this section shall report the facts to the chief of police. (7) Any permit issued under this section shall, unless revoked, be valid for a period of one year. (8) The permittee shall also pay a deposit in an amount prescribed by the local authority at the time of issuance of the hood, padlock, and keys, which shall remain the property of the local authority. In case a hood, a padlock, or key becomes lost or destroyed or so defaced that it is no longer usable, the permittee shall forfeit deposit. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-660, filed 12/13/93, effective 7/1/94.] 308-330-700 RCW sections adopted—Disposition of traffic infractions. The following sections of the Revised Code of Washington (RCW) pertaining to the disposition of traffic infractions as now or hereafter amended are hereby adopted by such reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.63.010,46.63.020,46.63.030,46.63.040, 46.63.060,46.63.070,46.63.073,46.63.075,46.63.080,46.63.090,46.63.100,46.63.110,46.63.120,46.63.130, 46.63.140,46.63.151,46.63.160,46.63.170, and 46.63.180. [Statutory Authority: RCW 46.90.010. WSR 15-24-085, § 308-330-700, filed 11/30/15, effective 12/31/15; WSR 11-20- 041, § 308-330-700, filed 9/28/11, effective 10/29/11; WSR 10-18-058, § 308-330-700, filed 8/30/10, effective 9/30/10; WSR 04-18-061, § 308-330-700, filed 8/27/04, effective 9/27/04; WSR 94-01-082, § 308-330-700, filed 12/13/93, effective 7/1/94.] 308-330-705 RCW sections adopted—Enforcement. The following sections of the Revised Code of Washington (RCW) pertaining to traffic enforcement agencies as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.64.010,46.64.015,46.64.025,46.64.030,46.64.035, 46.64.048,46.64.050, and 46.64.055. [Statutory Authority: RCW 46.90.010. WSR 04-18-061, § 308-330-705, filed 8/27/04, effective 9/27/04; WSR 02-04-075, § 308-330-705, filed 2/1/02, effective 3/4/02; WSR 94-01-082, § 308-330-705, filed 12/13/93, effective 7/1/94.] 147 28 of 29 308-330-710 Penalties. Unless another penalty is expressly provided by law, any person found to have committed an act designated a traffic infraction under the provisions of these rules shall be punished by a penalty of not more than two hundred fifty dollars. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-710, filed 12/13/93, effective 7/1/94.] 308-330-720 Citation on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-720, filed 12/13/93, effective 7/1/94.] 308-330-730 Failure to comply with traffic citation attached to parked vehicle. If a violator of any provision of this chapter on stopping, standing, or parking does not appear in response to a traffic citation affixed to such motor vehicle within a period of five days, the clerk of the traffic court shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of five days, a warrant of arrest will be issued. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-730, filed 12/13/93, effective 7/1/94.] 308-330-740 Presumption in reference to illegal parking. (1) In any prosecution charging a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (2) The foregoing stated presumption shall apply only when the procedure as prescribed in WAC 308-330- 720 and 308-330-730 has been followed. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-740, filed 12/13/93, effective 7/1/94.] 308-330-800 RCW sections adopted—Traffic control devices. The following sections of the Revised Code of Washington (RCW) pertaining to traffic control devices as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.36.005,47.36.060,47.36.110,47.36.141,47.36.180, 47.36.200,47.36.210,47.36.220,47.36.230, and 47.36.250. [Statutory Authority: RCW 46.90.010. WSR 04-18-061, § 308-330-800, filed 8/27/04, effective 9/27/04; WSR 97-10-068, § 308-330-800, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-800, filed 12/13/93, effective 7/1/94.] 148 29 of 29 308-330-810 RCW sections adopted—Limited access facilities. The following sections of the Revised Code of Washington (RCW) pertaining to limited access facilities as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.52.010,47.52.011,47.52.040,47.52.110, and 47.52.120. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-810, filed 12/13/93, effective 7/1/94.] 308-330-815 RCW sections adopted—Alcoholic beverage control. The following sections of the Revised Code of Washington (RCW) pertaining to drinking in public conveyance as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 66.44.240 and 66.44.250. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-815, filed 12/13/93, effective 7/1/94.] 308-330-820 RCW sections adopted—Guide and service dogs. The following sections of the Revised Code of Washington (RCW) pertaining to guide and service dogs as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 70.84.020,70.84.021, and 70.84.040. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-820, filed 12/13/93, effective 7/1/94.] 308-330-825 RCW sections adopted—Littering. The following section of the Revised Code of Washington (RCW) pertaining to littering as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 70.93.030,70.93.050,70.93.060, and 70.93.097. [Statutory Authority: RCW 46.90.010. WSR 97-10-068, § 308-330-825, filed 5/5/97, effective 6/5/97; WSR 94-01-082, § 308-330-825, filed 12/13/93, effective 7/1/94.] 308-330-910 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those local authorities which enact it. [Statutory Authority: RCW 46.90.010. WSR 94-01-082, § 308-330-910, filed 12/13/93, effective 7/1/94.] 149 150 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: March 8, 2016 TO: Public Safety Committee SUBJECT: Police Chief’s Update – Information Only Information Only SUMMARY: In the place of Chief Thomas, Assistant Chief Padilla will present information regarding the current events affecting the police department: • 2015 Budget Update • Staffing Update (Retirements/Promotions) • Community Outreach 151 Chief Thomas Investigations Division A.C. Padilla Patrol Division A.C. Kammerzell Support Services A.C. Hemmen Commander Church Commander Kasner (Detectives) Commander O'Reilly (SIU/NRT) Commander Thompson Commander Holmes Sergeant Kelso (NRT) Sergeant Grove Sergeant Stansfield Sergeant Bishop A.C. Straus Retires 152