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HomeMy WebLinkAbout4437ORDINANCE N0.4437 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to codes, ordinances, regulations, and statutes adopted by reference in the Kent City Code to: (i) clarify the filing obligations under RCW 35A'12.140, (ii) re- adopt by reference the statutes and regulations adopted by reference in Title 9 of the Kent City Code, as currently enacted or as subsequently amended or recodified from time to time; (iii) to ratify and confirm all actions previously taken in relation to Title 9 of the Kent City Code;" (iv) to amend KCC 9.02.O7O to identify the crime of cyber harassment under RCW 9A.90.120; and (v) to declare an emergency requiring the ordinance be effective immediately and applied retroactively. RECITALS A. Through Kent city code (Kcc) section 9.o2.02o, the city has adopted by reference all provisions of the Revised Code of Washington (RCW) that constitute misdemeanors, gross misdemeanors, and Class C felonies for purposes of criminal attempt charges; and the state law provisions necessary for the investigation, arrest, prosecution, adjudication, sentencing, confinement, and enforcement of those crimes, or necessary for the definition or interpretation of terms used therein; as those provisions were enacted at the time of adoption, or as they are subsequently amended or recodified from time to time. There are only a few crimes defined by state law that were specifically nof adopted for enforcement locally and those Re-adoption of Title 9 of The Kent CitY Code 1 provisions are expressly identified in KCC 9.02.020(C). While this blanket adoption is consistent with case law for purposes of the municipal court's jurisdiction, for convenience of the reader, the Kent City Code also identifies by specific RCW reference some of those state laws adopted through KCC 9.02.020, which are set out in KCC 9,02.030 through KCC 9.02.620' B. Under RCW 35A.12.I40, statutes and other regulations adopted by reference need not be published, but they are to be filed in the Office of the City Clerk for use and examination by the public. The law does not specify that a paper copy of the statutes must be filed in the Office of the City Clerk. Prior to computers and the internet, microfilm was a commonly used form of maintaining records. In modern society, electronic records are the preferred meanS of storing records over paper due to the fact they are more easily accessed and electronic records are more environ mentally friendly. C. Public access to City records, including those filed in the Office of the City Clerk, is governed by the Public Records Act, Ch. 42.56 RCW (PRA) and the PRA recognizes that the term "records" includes electronic records. Importantly, an agency may fulfill a records request by "Ip]roviding an internet address and link on the agency's website to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer." See, RCW 42.56.520(1).i Mainten,ance of the Kent City Code is the responsibility of the City Clerk, and in accordance with the PRA, the code is maintained by the Clerk for public access at https//www.codepublishin g. com lW Al Kent/ . I Through the City's Administrative Policy applicable to public records, the City Clerk is identified as the City's public Records Officer. see, KCC 1.05.010 and City of Kent Administrative Policy 1.5. Records are filed in and maintained through the City Clerk's Office, though they may be physically located in other locations throughout the City. When requests for public records are made, it is the City Clerk who produces those records, through her office, to requesters. Re-adoption of Title 9 of The Kent City Code 2 D. The online version of the Kent City Code includes embedded links to all state statutes and state regulations adopted by reference, either directly to the referenced provision or generally through the state Legislature's website at (http://appjeg.wa'gov/rcw/) (e.9., see Ch 9'02 KCC, and KCC 9.02.010(H)), Therefore, all state laws adopted by the Kent City Code, as well as code sections unique to the City, are available to any person via the internet, and are technically on file in the Clerk's Office through the Clerk's access to the official RCW website. If the requester is unable to access the internet, the Clerk can print the RCW and provide a written copy to the requester. E. Given government modernization, many statutes, codes, and regulations have transitioned to electronic maintenance of those records online, either in addition to or in place of their paper forms' RCW 35A.12.140, originally adopted in 1967 and last amended in 1995, predates the internet. While the Clerk's and public's access to the RCW should be sufficient to satisfy the requirement that a copy be filed in the Office of the City Clerk, the City elects to re-adopt the various statutes, codes, and regulations previously adopted by reference in Title 9 of the Kent City Code, and to confirm and ratify all actions taken in reliance on that previous adoption and consistent with this ordinance. This ordinance is being adopted on an emergency basis and is intended to apply retroactively back to the original date the statute, code, regulation, or other reference material was adopted by reference, as such reference material may have been amended through the years, the current version of which is on file with the City Clerk' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Re-adoption of Title 9 of The Kent City Code 3 ORDINANCE 9ECTION 7. - Findings. The recitals set forth above are hereby adopted by the City Council as its findings of fact in support of the collective action it takes through this ordinance. EOTION 2. - Amendment - KCC 7.02.070. Section 1.02.010 0f the Kent City Code, entitled "Generally", is amended as follows: Sec. 1.O2.O10. Generally. All cod es, ordinances, requlations, or statutes adopted by reference shall be effective when the ordinances adopting such codes. ordinances. regulations. or statutes are passed and published as required by the general laws of the city and the statejl|egdgS, n rr{ i n r n noc ar rlalinnc nr cfrft tfac a an{-arl hrr rafaranro chall ha affaa$irra as if fully set out in the adopting ordinance. B. Maintenance and update of adopted materials. A aftd-€.fte-{-+copy of st+eh-adopted codes, ordinances, regulations. or statuteg will be en-is-filed with the city clerk. effeetive as if fully set out in the adopting ordinanee, For purposes of this rk' rrlnnfarl hrr 6ra naa ic a minicfarial :ni tlrri dnac nnf sffarf fha rralirlifrr rr rf hnrifrr n -^n h6 nf an\/ rnr rnril arlnnl-arl nrrlinrnna nr raAac ordinances. regulations, or statutes adopted bv reference therein. 'ECTION g. - Amendment - KCC 7.02.020. Section I.02.o20 0f the Kent City Code, entitled "Amendments to Revised Code of Washington, Re-adoption of Title 9 of The Kent CitY Code 4 Washington Administrative Code, or King County Code sections adopted", is amended as follows Sec. 1.O2.O20. Amendments to codes, ordinances, reoulations' and statutes adooted bY reference Washingten *elministrative €oelei or l(ing €ounty Gede seetiens aasprca. All codes, ordinances, reoulations, and statutes adopted by reference in any section of the Kent City Codeprevisiensffi of Washingten, Washingten Administrative €ode; and the King €eunty €ede , unless otherwise stated, shall include all subsequent amendments and recodifications thereto. The city clerk is ar rf hnrizad rr{minicf ra}irralrr r tnrltfa {-ha rrarcinn nf tha rnrloc nrrlin=nrac regulations. or statutes adopted bv reference and maintained on file in states otherwise. SECTION 4. - Re-Adoption of Previously Adopted Codes Ordinances Regulations. and Statutes within Title 9 of the Kent City Code. Attached as Exhibit A is a printed version of Title 9 of the Kent City Code, maintained by the City Clerk for Public access at https//www.codepublishing.com /WA/Kent/. Attached as Exhibit B is Ordinance 4436, adopted on July !9, 2022, amending Chapter 9.02 of the Kent City Code. The City Council hereby re-adopts by reference in Title 9 of the Kent City Code each code, ordinance, regulation, and Statute previously adopted by reference, including without limitation those identified in Exhibit A and Exhibit B, as those codes, ordinances, regulations, and statutes are currently enacted or as they may be subsequently amended or recodified from time to time. A copy of the codes, ordinances, regulations, and statutes Re-adoption of Title 9 of The Kent City Code 5 included within Exhibit A and Exhibit B are on file with the City Clerk for review. SECTION 5. - Amendment - Section 9.02.070. Section 9'O2.O7O of the Kent City Code, entitled *RCW Title 9A, entitled 'Washington Criminal Code' - Adoption by reference," is amended as follows to add the crime of cyber harassment, RCW 9A.90.L20, a copy of which is on file with the City Clerk for review: sec. 9.o2.o7o. 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 9A.04.030 9A.04,040 9A.04.050 9A.04,060 9A.04.070 9A.04.080 9A.04.090 9A.04.100 9A.04.110 9A.08.010 9A.08.020 9A.08.030 9A.12.010 9A,16.010 9A.16.020 9A.16.060 9A.16.070 9A.16.080 9A.16.090 9A.16.100 Purposes - Principles of construction. State criminal jurisdiction. Classes of crimes. People capable of committing crimes - Capability of children. Common law to supplement statute. Who amenable to criminal statutes. Limitation of actions. Application of general provisions of the code. Proof beyond a reasonable doubt. Definitions. General requirements of culpability. Liability for conduct of another - Complicity. Entity and personal liability. Insanity. Definitions. Use of force - When lawful. Duress. Entrapment. Action for being detained on mercantile establishment premises for investigation - "Reasonable grounds" as defense' Intoxication. Use of force on children - Policy Actions presumed unreasonable. Outdoor music festival, campground - Detention. 6 Re-adoption of Title 9 of The Kent City Code 9A.16.120 9A.20.010 9A.20.O2r 9A,20.030 9A.28.020 9A.28.030 9A.28.040 9A.36.031 9A.36.041 9A.36.050 9A.36.060 9A.36.070 9A.36.080 9A.36.100 9A.36.140 9A.36.150 9A.36.160 9A.36.161 9A.40.010 9A.40.040 9A.40.060 9A.40.070 9A.40.080 9A.40.090 9A.40.110 9A.40.r20 9A.42.OrO 9A.42.O30 9A.42.O35 9A.42.037 9A.42.040 9A.42.O45 9A.42.O50 9A.42.070 9A.42.080 9A.42.090 9A.42.rIO 9A.44.OtO 9A.44.020 9A.44.O30 9A.44.060 9A.44.Q79 9A.44.089 9A.44.O93 Classification and designation of crimes. Maximum sentences for crimes committed July 1, 1984, and after. Alternative to a fine - Restitution. Criminal attempt. Criminal solicitation. Criminal conspiracy. Assault in the third degree, Assault in the fourth degree. Reckless enda ngerment. Promoting a suicide attemPt. Coercion. Hate crime offense- Definition and criminal penalty. Custodial assault. Assault of a child in the third degree. Interfering with the reporting of domestic violence' Failing to summon assistance. Failing to summon assistance - Penalty. Definitions. Unlawful imprisonment. Custodial interference in the first degree' Custodial interference in the second degree. Custodial interference - Assessment of costs - Defense Consent defense, restricted. Luring. Coercion of involuntary servitude. Enforcement of orders restricting contact. Definitions. Criminal mistreatment in the second degree. Criminal mistreatment in the third degree. Criminal mistreatment in the fourth degree' Withdrawal of life support systems. Palliative care. Defense of financial inabilitY. Abandonment of a dependent person in the second degree - Exception. Abandonment of a dependent person in the third degree - Exception, Abandonment of a dependent person - Defense' Leaving a child in the care of a sex offender. Definitions. Testimony - Evidence - Written motion - Admissibility. Defenses to prosecution under this chapter' Rape in the third degree. Rape of a child in the third degree, Child molestation in the third degree. Sexual misconduct with a minor in the first degree' Re-adoption of Title 9 of The Kent City Code 7 9A.44.096 9A.44.L05 9A.44.t15 9A.44.r20 9A.44.728 9A.44,130 9A.44.L32 9A.44.L50 9A.44.t60 9A.44.170 9A.44.180 9A.44.L90 9A.44.L93 9A.44.L96 9A.44.2L0 9A.46.010 9A.46.O20 9A.46.030 9A.46.040 9A.46.050 9A.46.060 9A.46.O70 9A.46.080 9A.46.085 9A.46.090 9A.46.100 9A.46.110 9A.46.r20 9A.48.010 9A,48.040 9A.48.050 9A.48.060 9A.48.080 9A.48.090 9A.48,100 9A,48.105 9A.48.110 9A,49.001 9A.49.010 9A.49.020 9A.49.030 9A.49.O40 Sexual misconduct with a minor in the second degree' Sexually violating human remains. Voyeurism. Admissibility of child's statement - Conditions. Definitions applicable to RCW 9A.44'130 through 9A.44'L45, 10.01 .20O, 43.43.54O, 70.48.470, and 72'09'330. Registration of sex offenders and kidnapping offenders Procedures - Definition - Penalties. Failure to register as sex offender or kidnapping offender' Testimony of child by closed-circuit television' Custodial sexual misconduct in the first degree' Custodial sexual misconduct in the second degree. Custodial sexual misconduct - Defense. Criminal trespass against children - Definitions. Criminal trespass against children - Covered entities. Criminal trespass against children. Court initiated issuance of sexual assault no-contact orders- Terms, conditions, requirements, etc. Legislative finding. Definition - Penalties. Place where committed. Court-ordered requirements upon person charged with crime - Violation. Arraignment - No contact order. Crimes included in harassment. Enforcement of orders restricting contact' Order restricting contact - Violation. Stalking no-contact orders - Appearance before magistrate req uired. Nonliability of peace officer. "Convicted," time when. Stalking. Criminal gang intimidation. Definitions. Reckless burning in the first degree. Reckless burning in the second degree. Reckless burning - Defense. Malicious mischief in the second degree. Malicious mischief in the third degree' Malicious mischief - "Physical damage" defined' Criminal street gang tagging and graffiti. Defacing a state monument. Findings. Definitions. Unlawful discharge of a laser in the first degree' Unlawful discharge of a laser in the second degree. Civil infraction, when. Re-adoption of Title 9 of The Kent City Code B 9A.49.050 9A.50.010 9A.50.020 9A.50.030 9A.50.060 9A.52.010 9A.52.050 9A.52.060 9A.52.070 9A.52.080 9A.52.090 9A.52.095 9A.52.100 9A.52.105 9A.52.115 9A.56.010 9A.56.020 9A.56.040 9A.56.050 9A.56.060 9A.56.063 9A.56.075 9A.56.083 9A.56.096 9A.56.100 9A.56.1 10 9A.56.130 9A.56.140 9A.56.160 9A. 56. 1 70 9A.56.180 9A.56.220 9A.56.230 9A.56.240 9A.56.260 9A.56.262 9A.56.264 9A.56.266 9A.56.270 9A.56.280 9A,56.290 9A.56,320 Exclusions. Definitions. Interference with health care facility. Penalty. Informational picketing. Definitions. Other crime in committing burglary punishable. Making or having burglar tools, Criminal trespass in the first degree' Criminal trespass in the second degree' Criminal trespass - Defenses. Vehicle prowling in the first degree. Vehicle prowling in the second degree' Removal of unauthorized persons - Declaration - Liability - Rights. Removal of unauthorized persons - Declaration form - Penalty for false swearing.1 Definitions. Theft - Definition, defense. Theft in the second degree. Theft in the third degree. Unlawful issuance of checks or drafts' Making or possessing motor vehicle theft tools' Taking motor vehicle without permission in the second degree' Theft of livestock in the second degree. Theft of rental, leased, Iease-purchased, or loaned property' Theft and larceny equated. Extortion - Definition. Extortion in the second degree. Possessing stolen property - Definition - Presumption. Possessing stolen property in the second degree - Other than firearm or motor vehicle. Possessing property in the third degree' Obscuring the identity of a machine. Theft of subscription television services. Unlawful sale of subscription television services. Forfeiture and disposal of device used to commit violation' Connection of channel converter. Theft of telecommunication services. Unlawful manufacture of telecommunication device. Unlawful sale of telecommunication device' Shopping cart theft. Credit, debit cards, checks, etc. - Definitions' Credit, payment cards - Unlawful factoring of transactions. Financial fraud Unlawful possession, production of instruments of. Possession of another's identification. Re-adoption of Title 9 of The Kent City Code 9A.56.330 9 9A.56.340 9A.56.350 9A.56,360 9A.56.370 9A.56.380 9A.56.390 Theft with the intent to resell, Organized retail theft. Retail theft with special circumstances. Mail theft. Possession of stolen mail. Mail theft - Possession of stolen mail - commission of other crime. Definitions. Possessing, or reading or capturing, information contained on another person's identification document - Exceptions. Definitions. Forgery, Obtaining a signature by deception or duress' Criminal impersonation in the first degree. Criminal impersonation in the second degree' False certification. Fraudulent creation or revocation of a mental health advance directive. False academic credentials - Unlawful issuance or use Definitions - Penalties. Impersonating a census taker. Definitions. Defrauding a public utilitY, Defrauding a public utility in the second degree. Defrauding a public utility in the third degree' Restitution and costs. Bigamy, Incest. Child selling - Child buYing. Requesting unlawful compensation. Receiving or granting unlawful compensation. Trading in public office. Trading in special influence. Definitions. Perjury in the second degree. False swearing. Perjury and false swearing - Inconsistent statements - Degree of crime. Perjury and false swearing - Retraction. Perjury and false swearing - Irregularities no defense' Statement of what one does not know to be true. Unsworn statements, certification - Standards for subscribing to an unsworn statement. Tampering with a witness. Jury tampering. Tampering with physical evidence' Definitions. Re-adoption of Title 9 of The Kent CitY Code 9A.58 9A.58 010 020 9A.60.010 9A.60.020 9A.60.030 9A.60.040 9A.60.045 9A.60.050 9A.60.060 9A.60.070 9A.60.080 9A.61,010 9A.61.020 9A.61.040 9A.61,050 9A.61.060 9A.64.010 9A.64.O20 9A.64.030 9A.68.020 9A.68.030 9A.68.040 9A.68.0s0 9A.72.0LO 9A.72.030 9A.72.040 9A.72.O50 9A.72.060 9A.72.O70 9A.72.080 9A.72.085 9A.72.r20 9A.72.L40 9A.72.L50 9A.76.010 10 9A.76.023 9A.76.025 9A.76.027 9A.76.030 9A.76.040 9A.76.050 9A.76.060 9A.76.070 9A.76.080 9A.76.090 9A.76.100 9A. 76. 1 50 9A.76.160 9A.76.r70 9A.76.175 9A.76.177 9A.76.190 9A.76.200 9A.80.010 9A.82.010 9A.82.045 9A.82.055 9A.82.070 94.82.080 9A.82.100 9A.82.L20 9A.82.130 9A.82.160 9A.82.L70 9A.84.010 9A.84.020 9A.84.040 9A.86.010 9A.88.010 9A.88.030 9A.88.040 9A,88.050 9A.88.060 9A.88,080 Disarming a law enforcement or corrections officer. Disarming a law enforcement or corrections officer Commission of another crime. Law enforcement or corrections officer engaged in criminal conduct. Refusing to summon aid for a peace officer. Resisting arrest. Rendering criminal assistance - Definition of term. Relative defined. Rendering criminal assistance in the first degree. Rendering criminal assistance in the second degree. Rendering criminal assistance in the third degree' Compounding. Introducing contraband in the second degree' Introducing contraband in the third degree' Bail jumping. Making a false or misleading statement to a public servant. Amber alert - Making a false or misleading statement to a public servant. Failure to appear or surrender - Affirmative defense - Penalty. Harming a police dog, accelerant detection dog, or police horse - Penalty. Official misconduct. Definitions. Collection of unlawful debt. Trafficking in stolen property in the second degree. Influencing outcome of sporting event' Use of proceeds of criminal profiteering - Controlling enterprise or realty - Conspiracy or attemPt. Remedies and procedures. Criminal profiteering lien - Authority, procedures' Criminal profiteering lien - Trustee of real property. Criminal profiteering lien - Trustee's failure to comply, evasion of procedures or lien. Financial institution records - Inspection and copying Wrongful disclosure. Criminal mischief. Failure to disperse. False reporting Disclosing intimate images. Indecent exposure. Prostitution. Prosecution for prostitution under RCW 9A.88.030 - Affirmative defense. Prostitution - Sex of parties immaterial - No defense' Promoting prostitution - Definitions. Promoting prostitution in the second degree' Re-adoption of Title 9 of The Kent City Code 11 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' 94.88.140 Vehicle impoundment - Fees - Fines. 94.88.150 Seizure and forfeiture' 9A.90.030 Definitions 9A.90.040 Computer trespass in the first degree' 9A.90.050 Computer trespass in the second degree, 9A.90.060 Electronic data service interference' 9A.90.070 Spoofing. 9A.90.080 Electronic data tampering in the first degree' 9A.90.090 Electronic data tampering in the second degree 9A.90.100 Electronic data theft. 9A.90.110 Commission of other crime. 9A,90.120 Cvberharassment. 9A.90.130 Cyberstalking. SECTION 6, - Ratification Through the adoption of this ordinance, the City Council hereby ratifies and confirms in all respects all prior codes, ordinances, regulations, and statutes adopted by Council and all amendments and recodifications thereto; all actions taken by the City in reliance on previous codes, ordinances, regulations, and statutes adopted by reference and prior to the effective date of the re-adoption provided for in this ordinance; and cures ministerial defects, if any, related to such prior adoptions. SECTION 7. - Severabilitv. 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. 'ECTION 8, - Corrections bv citv 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' Re-adoption of Title 9 of The Kent CitY Code L2 SECTION g. - Effective Date. The City Council finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare' This ordinance, having been adopted by unanimous vote, shall become effective immediately upon passage, and further shall be considered retroactively effective as of the date each code, ordinance, regulation, or statute adopted by reference took effect. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. A RALPH, MA August 2. 2O22 Date Approved ATTEST: KIMBERLEY KOMOTO,RK ED AS TO FORM: ITE, ACTING CITY ATTORNEY Re-adoption of Title 9 of The Kent City Code August 2. 2022 Date Adopted August 5. 2022 Date Published aattl 13 EXHIBIT A Title 9 of the Kent City Code Chapters: 9.01 9.02 9.03 9.04 9.05 Title 9 PUBLIC SAFETY Subtitle I.In General Emergency Services Subtitle II. Offenses and Miscellaneous Provisions Criminal Code Rewards for Information Leading to Arrest Massage and Reflexology Services Seizure, Forfeiture, and Disposal of Unclaimed Property, Firearms, and Property Associated with Controlled Substances Audible Intrusion Alarms Curfew and Parental Responsibility for Juveniles Narcotics and Barbiturates Conduct in Alcoholic Beverage Premises Corrections Facility Subtitle III. Traffic and Motor Vehicles Traffic Code Traffic Violations Bureau Parking Towing Speed Limits Bicycle Helmets Unlawful Race Attendance Stay Out of Areas of Racing - SOAR Motorized Wheeled Transportation Devices 9.08 9.09 9.12 9.32 9.34 9.36 9.37 9.38 9.39 9.40 9.41 9.42 9.43 9.44 9-l (Revised 7/15) Kent City Code Sections: 9.01.010 9.01.020 9.01.030 9.01 .040 9.01 .050 9.01 .060 9.01 .070 9.01.080 9.01.090 9.01 .100 9.0r.1 10 9.0t.120 Subtitle I. In General Chapter 9.01 EMERGENCY SERVICES Emergency management organization - Established. Emergency management organization - Director. Emergency management organization - Powers. Enhanced 9l I (E-91 1) service - Declaration of policy, findings, intent. Enhanced 9l I (E-91 1) service - Scope. Enhanced 9l I (E-91 l) service - Definitions. Enhanced 9l I (E-91 l) service - Enforcement authority. Enhanced 9l I (E-91 l) service - Fees. Enhanced 9l I (E-91 1) service - Liability. Enhanced 9l 1 (E-91 l) service - Service or interface products required. Enhanced 9l I (E-91 l) service - Enforcement. Enhanced 9l I (E-91 l) service - Appeals. 9.01.040 son is appointed by the mayor. The director shall be directly responsible for the organization, admin- istration and operation of the emergency manage- ment organization. (Ord. No. 2622.Formerly Code 1986, $ 9.14.020) 9.01.030 Emergencymanagement organization - Powers. The emergency management organization shall have all powers granted under RCW 38.52.005 et seq. and as may otherwise be provided by law. (Ord. No. 2622.Formerly Code 1986, $ 9.14.030) 9.01.040 Enhanced 911 (E-911) service - Declaration of policy' findings' intent. A. It is declared to be the policy of the city, in the exercise of its police powers for the protection of the public health, safety and general welfare, that all of the citizens of the city be provided with emergency telephone service that is on a par with, or is equal to the best available technology. The E- 9 I 1 service currently available to the citizens ofthe city allows caller identification and appropriate routing to an operator in the public safety answer- ing point or emergency telecommunication center. It is the intent of the city, in the implementation of KCC 9.01 .040 through 9.01 .120, that all telephone systems installed in new construction must provide service or products that will interface with the E- 911 system to provide these benefits to allcitizens. B. It is further declared that the installation of such products or services is not only critical to the health, safety and welfare of the general public, but also to provide an effective means for city fire, medical and police units to efficiently locate and promptly respond to any emergency. C. The express purpose of KCC 9.01.040 through 9.01.120 is to provide for and promote the health, safety and welfare of the general public, and not to protect individuals or create or otherwise establish or designate any particular class or group of people who will or should be especially pro- tected or benefitted by the terms of KCC 9.01.040 through 9.01.120. The obligation of complying with the requirements of KCC 9.01.040 through 9.01.120 and the liability for failing to do so is 9.01.010 Emergencymanagement organization - Established. Pursuant to RCW 38.52.005 et seq., there is hereby established in the city an emergency man- agement organization for the purpose of perfonn- ing emergency services functions in support of city operations. (Ord. No.2622;Ord. No.3747, $ 1,5-3-05. For- merly Code 1986, $ 9.14.010) State larv reference(s) - Emergeltcy continuity ol govern- ment, RCW 35A.42.030; continuity of government act, RCW 42.14.050 et seq.; emergency management act, RCW 38.52.005 et seq. 9.01.020 Emergencymanagement organization - Director. The director of the emergency management organization shall be the city fire chief or desig- nated representative, unless and until another per- 9-3 (Revised 6/05) 9.01.050 hereby placed upon the owner and/or occupant or persons responsible for the conditions of the build- ings or premises. (Ord. No. 3012, $ 2,ll-19-91) 9.01.050 Enhanced 911 (E-911) service - Scope. KCC 9.01.040 through 9.01.120 shall apply to all buildings, appurtenant structures and premises hereafter constructed in the city, in which tele- phone systems are installed; and shall also apply to any building, structure or premises which is here- after altered, rehabilitated or repaired and for which alteration, rehabilitation or repair any permit is required by any code provision or ordinance. Existing buildings, appurtenant structures and pre- mises which have been constructed prior to November 19, 1991, shall not be affected by the requirements described herein. (Ord. No. 3012, $ 3,11-19-91) 9.01.060 Enhanced 911 (E-911) service - Definitions. The following words, terms and phrases, when used in KCC 9.0l.040through 9.01.l20,shall have the meanings ascribed to them in this section, except where the context clearly indicates a differ- ent meaning: ALI means Automatic Location Identification, which is made up of the telephone number, the class of service of the phone (residence, business, coin, PBX, etc.) the date and the time of the call. ALI further includes the name, address and city of the caller's location, the routing code of the call, the pilot number and the port or trunk that the call was received on. The name of the PSAP is listed along with the predetermined agencies which are responsible for police, fire or medical response to that address. lNl means thal data stream which is made up of a single digit which indicates the trLrnking of the call and the seven (7) digit telephone number of the calling pafty's phone. CTX means Centron/Centrex/Centrafl ex, which is a single line phone service over a dedicated cen- tral office line, delivered to individual desks in a business, with added features. E-91I means the telephone service that enables the public to dial the three (3) digit emergency tele- phone number "9 I l" and reach the appropriate Kent City Code public safety answering point, based on the loca- tion of the calling party, and also provides certain caller information ("ANI" and "ALI") to the public safety answering point telecommunicator as each call is taken. PBX means private area branch exchange, which is a private phone system allowing commu- nication within a business and between a business and the outside world. PBX lines were designed to provide telephone communications to large groups of people without having dedicated central office lines for each station. PSAP means the public safety answering point, which is normally based upon the calling party's address. Selective routing means that function of tele- phone service which will direct the call to the prop- er PSAP, based upon the calling party's address. (Ord. No.3012, $ l, l1-19-91) Cross reference(s) - Definitions and rules of construction generally, $ 1.01.030. 9.01.070 Enhanced 911 (E-911) service - Enforcement authority. A. The fire chief is hereby designated the city officer to exercise the powers granted under KCC 9.01.040 through 9.01.120, except that the fire chief may call upon any city department to aid in implementation and enforcement of KCC 9.01 .040 through 9.01.120. B. The fire chief is authorized to adopt such rurles as are necessary to implement the require- ments of KCC 9.01.040 through 9.0l.l20 and to carry out the duties hereunder. (Ord. No. 3012, $ 4,11-19-91) 9.01.080 Enhanced 911 (E-911) service - Fees. No fees shall be charged for inspection of build- ings or premises for compliance with KCC 9.01.040 through 9.01.120, if such inspection is carried out in conjunction with any required inspection under the building and fire codes. (Ord. No. 3012, $ 5, l1-19-91) (Revised 6i05)9-4 Kent City Code 9.01.090 Enhanced 911 (E-911) service - Liability. Nothing contained in KCC 9.01.040 through 9.0 1 . 1 20 is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees, or agents, for any injury or damage resulting from the failure of an owner of property or land to comply with the provisions of KCC 9.01.040 through 9.01.120, or by reason or in consequence of any inspection, notice, order certificate, permission, or approval authorized or issued or done in connection with the implementation or enforcement of KCC 9.01.040 through 9.01.120, or by reason of any action or inaction on the part of the city related in any man- ner to the enforcement of KCC 9.01.040 through 9.01.120 by its officers, employees, or agents. (Ord. No. 3012, S 6, 11-19-91) 9.01.100 Enhanced 911 (E-911) service - Service or interface Products required. A. Every building, appurtenant structure, or premises within the city shall, where a telephone system is installed, also have telephone services or products installed which will properly interface with the E-911 system by making the following ALI-ANI information available to the PSAP on the PSAP's receiving screen when any party within the system calls 911: 1. Name. 2. Address and building number, unit number (if applicable). 3. Telephone number. 4. City. 5. Appropriate police, fire response. 6. Class of service (PBX, coin phone, resi- dence). B. In addition to the above, service must also be provided which will selectively route 911 calls to the appropriate PSAP jurisdiction on any phone in the building, appurtenant structure, or premises. (Ord. No. 3012, S 8, 11-19-91) 9.01.110 Enhanced 911 (E-911) service - Enforcement. No permit or certificate of occupancy shall issue for any construction not conforming to the require- ments of KCC 9.01.040 through 9.01.120. For the 9.01.120 purposes of KCC 9.01.040 through 9.01.120, the word permit shall mean either a building permit or tenant improvement permit. (Ord. No. 3012, S 9, 11-19-91) 9.01.120 Enhanced 9f 1 (E-911) service - Appeals. Any party affected by a decision of the fire chief not to issue a permit or certification of occupancy pursuant to KCC 9.01.1 10 may, within fifteen (15) days after the date of the decision, only petition the superior court for review of the fire chief's deci- sion. Appeals from KCC 9.01.040 through 9.01.120 to the board of appeals as provided in Section 108 of the International Fire Code, adopted in KCC 13.01.010, are not allowed. (Ord. No. 3012, S 10, 11-19-91; Ord. No. 3691, s 7, 5-4-04) 9-5 (Revised 5/21) Sections 9.02.010 9.02.020 Subtitle II. Offenses and Miscellaneous Provisions Chapter 9.02 CRIMINAL CODE Kent City Code RCW Title 28A, entitled "Common School Provisions" - Adoption by reference. Chapter 29A.84 RCW, entitled "Crimes and penalties" - Adoption by reference. RCW Title 30A, entitled "Washington Commercial Bank Act" - Adoption bY reference. RCW Title 30B, entitled "Washington Trust Institutions Act" - Adoption by reference. RCW Title 31, entitled "Miscellaneous Loan Agencies" - Adoption by reference. RCW Title 32, entitled "Washington Savings Bank Act" - Adoption by reference. RCW Title 33, entitled "Washington Savings Associations Act" - Adoption by reference. RCW Title 35, entitled "Cities and Towns" - Adoption by reference. RCW Title 35A, entitled "Optional Municipal Code" - Adoption by reference. RCW Title 36, entitled "Counties" - Adoption by reference. RCW Title 38, entitled "Militia and Military Affairs" - Adoption by reference. RCW Title 39, entitled "Public Contracts and Indebtedness" - Adoption by reference. Chapter 40.16 RCW, entitled "Penal provisions" - Adoption by reference. RCW Title 41, entitled "Public Employment, Civil Service, and Pensions" - Adoption by reference. RCW Title 42, entitled "Public Officers and Agencies" - Adoption by reference. RCW Title 43, entitled "State Government - Executive" - Adoption by reference. Chapter 44.16 RCW, entitled "Legislative Inquiry" - Adoption by reference. RCW Title 46, entitled "Motor Vehicles" - Adoption by reference. Preliminary article. Adoption of sections of Revised Code of Washington not specifically set forth in KCC 9.02.030 through 9.02.620. Session laws not yet codified. RCW Title 2, entitled "Courts of Record" - Adoption by reference. RCW Title 7, entitled "Special Proceedings and Actions" - Adoption by reference. RCW Title 9, entitled "Crimes and Punishments" - Adoption by reference. RCW Title 9A, entitled "Washington Criminal Code" - Adoption by reference. RCW Title 10, entitled "Criminal Procedure" - Adoption by reference. Chapter 13.32A RCW, entitled "Family Reconciliation Act" - Adoption by reference. RCW Title 16, entitled "Animals and Livestock" - Adoption by reference. Chapter 17.04 RCW, entitled "Weed districts" - Adoption by reference. RCW Title 19, entitled "Business Regulations - Miscellaneous" - Adoption by reference. Chapter 20.01 RCW, entitled "Agricultural products - Commission merchants, dealers, brokers, buyers, agents" - Adoption by reference. Chapter 22.32 RCW, entitled "General penalties" - Adoption by reference. RCW Title 26, entitled "Domestic Relations" - Adoption by reference. RCW Title 27, entitled "Libraries, Museums, and Historical Activities" - Adoption by reference. 9.02.t70 9.02.180 9.02 . l 90 s.02.200 9.02.2r0 9.02.220 9.02.230 9.02.240 9.02.250 9.02.260 9.02.270 9.02.280 9.02.290 9.02.300 9.02.310 9.02.320 9.02.330 s.02.340 9.02.030 9.02.040 9.02.050 9.02.060 9.02.070 9.02.080 9.02.090 9.02.100 9.02.110 9.02.120 9.02.130 9.02.140 9.02.150 9.02.160 (Revised 5/21)9-6 Kent City Code 9.02.350 9.02.360 9.02.370 9.02.380 9.02.390 9.02.400 9.02.4r0 9.02.420 9.02.430 9.02.440 9.02.450 9.02.460 9.02.470 9.02.480 9.02.490 9.02.500 9.02.510 9.02.520 9.02.530 9,02.540 RCW Title 47, entitled "Public Highways and Transportation" - Adoption by reference. RCW Title 48, entitled "Insurance" - Adoption by reference. RCW Title 49, entitled "Labor Regulations" - Adoption by reference RCW Title 50, entitled "Unemployment Compensation" - Adoption by reference. RCW Title 51, entitled "Industrial Insurance" - Adoption by reference. Chapter 52.12 RCW, entitled "Powers - Burning permits" - Adoption by reference. RCW Title 53, entitled "Port Districts" - Adoption by reference. Chapter 57.08 RCW, entitled "Powers" - Adoption by reference. RCW Title 58, entitled "Boundaries and Plats" - Adoption by reference. RCW Title 59, entitled "Landlord and Tenant" - Adoption by reference. RCW Title 61, entitled "Mortgages, Deeds of Trust, and Real Estate Contracts" - Adoption by reference. RCW Title 63, entitled "Personal Property" - Adoption by reference. RCW Title 64, entitled "RealProperty and Conveyances" - Adoption by reference. RCW Title 65, entitled "Recording, Registration, and Legal Publication" - Adoption by reference. RCW Title 66, entitled "Alcoholic Beverage Control" - Adoption by reference. RCW Title 67, entitled "Sports and Recreation - Convention Facilities" - Adoption by reference. RCW Title 68, entitled "Cemeteries, Morgues, and Human Remains" - Adoption by reference. RCW Title 69, entitled "Food, Drugs, Cosmetics, and Poisons" - Adoption by reference. RCW Title 70, entitled "Public Health and Safety" - Adoption by reference. RCW Title 71, entitled "Mental illness" - Adoption by reference. Chapter 72,09 RCW, entitled "Department of corrections" - Adoption by reference. Chapter 73.04 RCW, entitled "General provisions" - Adoption by reference. RCW Title 74, entitled "Public Assistance" - Adoption by reference. RCW Title 78, entitled "Mines, Minerals, and Petroleum" - Adoption by reference. RCW Title 80, entitled "Public Utilities" - Adoption by reference. RCW Title 81, entitled "Transportation" - Adoption by reference. RCWTitle 82, entitled "Excise Tax" Adoption by reference. Chapter 88.02 RCW, entitled "Vessel registration" - Adoption by reference. RCW Title 90, entitled "Water Rights - Environment" - Adoption by reference. Obstructing public officers. Disorderly conduct. Prohibited conduct on transit property and transit vehicles. Possession of graffiti tools. Tampering or interfering with the property of another prohibited - Penalty. Public disturbance. Disruption of public facilities. Public events - Criminal activity. Public facility - Illegal activity - Exclusion. Escape. Damage, theft, abandonment, or improper use of an electronic home detention or monitoring device. Vehicle trespass prohibited - Penalty. Neglect of a child or dependent person. Offenses against police dogs. Provoking assault. Menacing. Definitions. Lewd conduct. Facilitating lewd conduct. Prostitution loitering. 9.02.550 9.02.560 9.02.574 9.02.580 9.02.590 9.02.600 9.02.605 9.02.610 9.02.620 9.02.630 9.02.640 9.02.650 9.02.660 9.02.670 9.02.680 9.02.690 9.02.700 9.02.710 9.02.720 s.02.730 9.02.740 9.02.750 9.02.760 9.02.770 9.02.780 9.02.790 9.02.800 9.02.810 9.02.820 9-7 (Revised 6/22) 9.02.010 Stay out of areas of prostitution orders. Urinating in public. Repealed. Contaminated property - Order of Seattle-King County department of public health prohibiting use or entry - Violation. Sale, manufacture, possession of certain weapons. Possession of firearms or dangerous weapons at Kent Commons - Unlawful. Non-incendiary devices. Hobby cannon fuse material - Sale transaction - Written record required. Violation of no contact order also contempt. Probation violations. Court costs - Jail medical costs. Violations - Penalty. Kent City Code essary 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 stat- ute 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 view- ing through the Washington State Legislature's website at: http://app.leg.wa.gov/rcw/. 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. (Ord. No. 3621, S 2,10-1'02; Ord. No. 4195, S 1, 4-19-16) 9.02.020 Adoption of sections of Revised Code of Washington not specifically set forth in KCC 9.02.030 through 9.02.620. A. With the exception of the RCW sections set forth in subsection (C) of this section, and notwith- standing the RCW sections that are specifically adopted by reference in KCC 9.02.030 through 9.02.620, all RCW sections that constitute misde- meanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, adjudication, sentencing, confine- ment, 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. 9.02.830 9.02.840 9.02.850 9.02.860 9.02.870 9.02.880 9.02.890 9.02.900 9.02.910 9.02.920 9.02.930 9.02.940 9.02.010 Preliminaryarticle. 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 pro- vision of this chapter or its application to any per- son or circumstance is held invalid, the remainder of this chapter or the application of the section, subsection, sentence, or provision to other persons or circumstances is not affected, and to this end, the sections, subsections, sentences, and provisions of this chapter are declared to be severable. D. By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdic- tional authority for the enforcement and prosecu- tion 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 nec- (Revised 6/22)9-8 Kent City Code B. A11 class C felony crimes set forth in the RCW are hereby adopted by reference for the pur- poses of charging a gross misdemeanor for a viola- tion 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 Massagepractitioners- Definitions. 18.108.030 Massagepractitioners- Licensure or certification required. 18.108.035 Massagepractitioners- Unlicensed practice - Penalties. (Ord. No. 3621, S 2,10-1-02; Ord. No. 4195, S I, 4-le-16) 9.02.030 Session laws not yet codified. As the Washington State Legislature adopts new laws, those new laws occasionally become effec- tive 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 cur- rently 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 (Ord. No.3692, S 1,6-1-04;Ord. No.4195, S 1,4- 19-1 6. Formerly 9.20.025) 9,02.040 RCW Title 2, entitled o'Courts of Record'o - 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: 2.48.180 Definitions - Unlawful practice a crime - Cause for disciPline - Unprofessional conduct - Defense - Injunction - Remedies Costs - Attorneys' fees - Time limit for action. (Ord. No. 3621, S 2,10-I'02; Ord. No. 4195, S 1, 4-1 9- 1 6. Formerly 9.02.030) 9.02.050 RCW Title 7, entitled o'Special Proceedings and Actions'n - 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.Orc Definitions. 7.21.020 Sanctions - Who may impose. 7.21.030 Remedial sanctions - Payment for losses. 7.2L040 Punitive sanctions - Fines. 7.21.050 Sanctions - SummarY imposition - Procedure. 7.21.070 Appellate review. RCW 2.36.010 2.36.165 2.36.t70 7.80.120 7.80.150 7.80.160 9.02.050 Definitions. Leave of absence from employment to be provided - Denial of promotional opportunities prohibited - Penalty - Civil action. Failure ofjuror to appear - Penalty. Monetary penalties - Restitution. Notices - Record of - Cancellation prohibited, penalty - Audit. Failure to exercise notice options - Failure to satisfy penalty. Response to notice - Contesting determination - Mitigating circumstances - Hearing - Failure to respond or appear - Penalty. 9-9 7.84.060 (Revised 5/21) 9.02.060 7.94.010 Purpose - Intent. 7.94.020 Definitions. 7.94.030 Petition for order. 7.94.040 Hearings on petition - Grounds for order issuance. 7.94.050 Ex parte orders. 7.94.060 Service of orders. 7.94.070 Service by publication or mail. 7.94.080 Termination and renewal of orders. 7.94.090 Firearms - Surrender. 7.94.100 Firearms - Return - Disposal. 7 .94.110 Reporting of orders. 7.94.120 Penalties. (Ord. No. 3621, S 2,10-l-02; Ord. No. 4195, S 1, 4-19-16; Ord. No. 4314, S 1, 3-5-19. Formerlv 9.02.040) 9.02.060 RCW Title 9, entitled ooCrimes 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. 9.01.130 Sending letter, when complete. 9.02.050 Concealing birth Kent City Code Unauthorized abortions - Penalty. Defenses to prosecution. Definitions. Abandoning, discarding refrigeration equipment. Permitting unused equipment to remain on premises. Violation of RCW 9.03.010 or 9.03.020. Keeping or storing equipment for sale. False advertising. Advertising cures of lost sexual potency - Evidence. False, misleading, deceptive advertising. False, misleading, deceptive advertising - Penalty. Advertising fuel prices by service stations. False certificate of registration of animals - False representation as to breed. Definitions. Pet animals - Taking, concealing, injuring, killing, etc. - Penalty. Transferring stolen pet animal to a research institution - PenaltY. Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution - Penalty. Transferring stolen pet animal to a research institution bY a U.S.D.A. licensed dealer - Penalty. Illegal sale, receipt, or transfer of pet animals - Separate offenses. Acts against animal facilities. Barratry. Buying, demanding, or promising reward by district judge or deputy. 7.84.100 7.84.130 Monetary penalties. Failure to pay or complete community restitution - PenaltY Burden of proof - Issuance of protection order - Remedies - Violations. Ex parte temporary sexual assault protection orders - Issuance. Ex parte temporary order for protection - Issuance. Court-initiated stalking no- contact orders. 9.02.120 9.02.130 9.02.170 7.90.090 7.90.110 7.92.120 7.92.160 9.03.010 9.03.020 9.03.030 9.03.040 9.04.010 9.04.040 9.04.050 9.04.070 9.04.090 9.08.030 9.08.065 9.08.070 9.08.072 9.08.074 9.08.076 9.08.078 9.08.090 (Revised 5/21)9- 10 9.12.010 9.12.020 Kent City Code 9.02.060 Interference, obstruction of any court, building, or residence - Violations. Definitions. Improperly obtaining financial information. Identity theft. Soliciting undesired mail. False representation concerning credit. False statement by deposit account applicant. False representation concerning title. Digital signature violations. Operating engine or boiler without spark arrester. Tampering with fire alarm or fire fighting equipment - False alarm - Penalties. Terms defined. Unlawful possession of firearms - Ownership, possession by certain persons - Restoration of right to possess - Penalty. Carrying firearms. Exceptions to restrictions on carrying firearms. Concealed pistol license - Application - Fee - Renewal. Delivery to ineligible persons. Dealer deliveries regulated - Hold on delivery. Dealer licensing and registration required. Dealer's licenses, by whom granted, conditions, fees - Employees, fingerprinting and background checks - Wholesale sales excepted - Permits prohibited. Firearm sales or transfers - Background checks - Requirements - Exceptions. Penalties - Violations of RCW 9.41.1 13. 9.16.005 9.16.010 9.16.020 9.16.030 Definitions. Removing lawful brands. lmitating lawful brand. Counterfeit mark - Intellectual property. Counterfeiting - Penalties. Counterfeit items - Seizure and forfeiture. When deemed affixed. Fraudulent registration of trademark. Form and similitude defined. Petroleum products improperly labeled or graded. Use of the words "sterling silver," etc. Use of words " coin silver, " etc. Use of the word "sterling" on mounting. Use of the words "coin silver" on mounting. Unlawfully marking article made of gold. "Marked, stamped or branded" defined. Offender a competent witness. Suppression of competitive bidding. Collusion to prevent competitive bidding - Penalty. Agreements outside state. Fraud in stock subscription. Corporation doing business without license. Telephone company credit cards - Prohibited acts. Definitions. Fraud in obtaining telecommunications service - Penalty. Fraud in operating coin-box telephone or other receptacle. Penalty for manufacture or sale ofslugs to be used for coin. Unauthorized sale or procurement of telephone records - Penalties - Definitions. 9.27.0r5 9.35.005 9.35.0109.16.035 9.16.041 L r 6.050 9. 1 6.060 9.16.070 9.16.080 9.35.020 9.35.030 9.16.100 9.38.010 9.38.015 9.38.020 9.38.060 9.40.040 9.40.100 9.16.1 10 9.16.1 20 9.16.130 9.1 6.140 9.16.150 9.18.080 9.18.1 20 9.41.010 9.41.040 9.41.050 9.41.060 9.18. I 30 9.18.1 50 9.41.070 9.24.010 9.24.040 9.41.080 9.41.090 9.26A.090 9.26A.100 9.26A.1 10 9.264.t20 9.264,.130 9.41. i00 9.41.110 9.41.1 13 9.26A.140 9-11 9.41.1 15 (Revised 5/21) 9.02.060 Kent City Code Voluntary waiver of firearm rights - Procedure - Penalty - Exemption from public disclosure. Unsafe storage of a firearm. Surrender ofweapons or licenses - Prohibition on future possession or licensing. Penalty. Encumbered, leased, or rented personal property - Construction. Mock auctions. Fraudulent removal of property. Knowingly receiving fraudulent conveyance. Fraud in assignment for benefit of creditors. Fraud in liquor warehouse receipts. Penalty. Altering sample or certificate of assay. Making false sample or assay of ore. Fire protection sprinkler system contractors - Wrongful acts. Fraudulent filing of vehicle report of sale. 9.41.120 9.41.140 Firearms as loan security. Alteration of identifying marks - Exceptions. Alien possession of firearms - Requirements - Penalty. Alien possession of firearms - Alien firearm license - Political subdivisions may not modify requirements - Penalty for false statement. Alien possession of firearms - Possession without license - Conditions. Unlawful firearms - Exceptions. Unlawful firearms and parts contraband. Aiming or discharging firearms, dangerous weapons. Possession of pistol by person from eighteen to twenty-one. Dangerous weapons - Penalty. Dangerous weapons - Application of restrictions to law enforcement, firefighting, rescue, and military personnel. Dangerous exhibitions. Weapons apparently capable of producing bodily harm - Unlawful carrying or handling - Penalty - Exceptions. Possessing dangerous weapons on school facilities Penalty - Exceptions. Possessing dangerous weapons on child care premises - Penalty - Exceptions. State preemption. Weapons prohibited in certain places - Local laws and ordinances - Exceptions - Penalty. Undetectable or untraceable firearms - Penalties. Failure to register as felony firearm offender. Return of privately owned firearm or concealed pistol license by law enforcement agency - Duties - Notice - Exception. 9.44.080 Misconduct in signing a petition. 9.41.350 9.41.r7 r 9.4t.173 9.4t.t75 9.41.360 9.41.800 9.41.810 9.45.060 9.41.190 9.41.220 9.4t.230 9.4t.240 9.4s.070 9.45.080 9.45.090 s.4t.250 9.41.251 9.4t.260 9.4r.270 9.45.100 9.45.160 9.45.r70 9.45.210 9.4s.220 9.45.260 9.45.270s.4t.280 9.41.282 9.46.0201 9.46.0205 9.46,0209 "Amusement game." "Bingo." "Bona fide charitable or nonprofit organization. " "Bookmaking." "Commercial stimulant. " "Commission." "Contest ofchance." "Fishing derby." "Fund-raising event." "Gambling." "Gambling device." " Gambling information. " "Gambling premises." "Gambling record." "Lottery." "Member," "bona fide member." 9.4r.290 9.41.300 9.46.0213 9.46.0217 9.46.022r 9.46.0225 9.46.0229 9.46.0233 9.46.0237 9.46.024r 9.46.0245 9.46.0249 9.46.0253 9.46.0257 9.46.0261 9.4r.325 9.41.335 9.41.345 (Revised 5/21)9-12 Kent City Code 9.02.060 Sale of certain substances prohibited, when. Penalty. Misconduct of officer drawing jury. Soliciting jury duty. Misconduct of officer in charge ofjury. Grand juror acting after challenge allowed. Disclosing transaction of grand jury. Disclosure of deposition returned by grandjury. Witness refusing to attend legislature or committee or to testify. Carrier or racing pigeons - Injury to. Carrier or racing pigeons - Removal or alteration of identification. Telephone harassment. Telephone harassment - Permitting telephone to be used. Telephone harassment - Offense, where deemed committed. Cyberstalking. Malicious prosecution. Instituting suit in name of another. Public nuisance. Unequaldamage. Maintaining or permitting nuisance. Abatement of nuisance. Deposit of unwholesome substance. Obscene literature, shows, etc. - Exemptions. Indecent articles, etc. "Erotic material" - Definitions. 9.46.0265 9.46.0269 9.46.0273 9.46.0277 9.46.0282 9.46.0285 9.46.0289 9,46.170 "Player." "Professional gambling. " " Punchboards, " " pull-tabs. " "Raffle." "Social card game." "Thing of value." "Whoever," "person." False or misleading entries or statements, refusal to produce records. Causing person to violate rule or regulation. Violations relating to fraud or deceit. Obstruction of public servant - Penalty. Cheating - Defined. Cheating in the first degree. Cheating in the second degree. Working in gambling activity without license as violation - Penalty. Ownership or interest in gambling device - Penalty - Exceptions. Gambling records - Penalty - Exceptions. Professional gambling in the second degree. Professional gambling in the third degree. Gambling activities by persons under age eighteen prohibited - Penalties - Jurisdiction - In- house controlled purchase programs authorized. Gambling information, transmitting or receiving. Bucket shop defined. Maintaining bucket shop - Penalty. Written statement to be furnished - Presumption. Definition. Unlawful inhalation - Exception. Possession of certain substances prohibited, when. 9.47A.040 9.47A.050 9.51.010 9.51.020 9.51.030 9.46.196 9.46.1961 9.46.1962 9.46.198 9.46.185 9.46.190 9.46.195 9.46.2t5 9.46.2t7 9.46.22r s.46.222 9.46.228 9.46.240 9.51.040 9.5 i.050 9.51,060 9.55.020 9.61.190 9.61.200 9,61.230 9.6t.240 9.61.250 9.6 r.260 9.62.010 9.62.020 9.47.080 9.47.090 9.66.010 9.66.020 9.66.030 9.66.040 9.66.0509.47.100 9.47A.010 9.47 4.020 9.68.015 9.47A.030 9- l3 9.68.030 9.68.050 (Revised 5/21) 9.02.060 9.68.060 9.68.070 "Erotic material" - Determination by court - Labeling - Penalties. Prosecution for violation of RCW 9.68.060 - Defense. Unlawful acts. Exceptions to RCW 9.68.050 through 9.68.120. Motion picture operator or projectionist exempt, when. "Sexually explicit material" - Defined - Unlawful display. Promoting pornography - Class C felony - Penalties. Definitions. Dealing in depictions of minor engaged in sexually explicit conduct. Sending, bringing into state depictions of minor engaged in sexually explicit conduct. Possession of depictions of minor engaged in sexually explicit conduct. Viewing depictions of a minor engaged in sexually explicit conduct. Reporting of depictions of a minor engaged in sexually explicit conduct - Civil immunity. Communication with minor for immoral purposes - Penalties. Promoting travel for commercial sexual abuse of a minor - Penalty - Consent of minor does not constitute defense. Permitting commercial sexual abuse of a minor Penalty Consent of minor does not constitute defense. Certain defenses barred, permitted. Seizure and forfeiture of property. Allowing minor on premises of live erotic performance - Definitions - Penalty. 9.69.100 9.72.090 Kent City Code Duty of witness of offense against child or any violent offense - Penalty. Committal of witness Detention of documents Divulging telegram. Opening sealed letter. Intercepting, recording or divulging private communication - Consent required - Exceptions. Admissibility of intercepted communication in evidence. Persons and activities excepted from chapter. Penalties. Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 - Standards - Court authorizations - Admissibility. Recordings available to defense counsel. Intercepting, recording, or disclosing private communications - Not unlawful for building owner - Conditions Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor - Conditions - Written reports required - Judicialreview - Notice - Admissibility - Penalties. Pen registers, trap and trace devices, cell site simulator devices. Definitions. Membership in subversive organization is felony - Penalty. Misstatements are punishable as perjury - Penalty. "Flag," etc., defined. Improper use of flag prohibited Desecration of flag. 9.68.080 9.68.100 9.68.110 9.68.130 9.68.140 9.68A.011 9.68A.050 9.68A.060 9.68A.070 9.68A.075 9.68A.080 9.68A.090 9.684'.102 9.68A.103 9.684.110 9.68A.120 9.684..150 9.73.010 9.73.020 9.73.030 9.73.050 9.73.070 9.73.080 9.73.090 9.73.100 9.73.110 9.73.230 9.73.260 9.81.110 9.81.010 9.81.030 (Revised 5/21)9- 14 9.86.010 9.86.020 9.86.030 Kent City Code 9.91.010 9.91.020 9.91.060 9.91.130 Denial of civil rights - Terms defined. Operating railroad, steamboat, vehicle, etc., while intoxicated. Leaving children unattended in a parked automobile. Disposal of trash in charity donation receptacle. Food stamps - Unlawful sale. Food stamps - Trafficking. Food stamps Unlawful redemption. Tree spiking. Personal protection spray devices. Interfering with dog guide or service animal. Interfering with search and rescue dog. Violent video or computer games. Punishment of gross misdemeanor when not fixed by statute. Punishment of misdemeanor when not fixed by statute. Punishment for contempt. Sentence on two or more convictions or counts. Narcotic drugs, controlled substances, alcohol, marijuana, other intoxicant, cell phone, or other form of electronic telecommunications device - Possession, etc., by prisoners - Penalty. Misdemeanor or gross misdemeanor offenses, persons convicted of prostitution who committed the offense as a result of being a victim of trafficking, promoting prostitution in the first degree, promoting commercial sexual abuse of a minor, or trafficking in persons, or of violating a certain statute or rule regarding the regulation of 9.02.070 fishing - Vacating records - Domestic violence records. (Ord. No. 3621, S 2,10-I-02: Ord. No. 3692, S 2, 6-1-04; Ord. No.3877, S 1, 4-1-08; Ord. No. 3888, S 1,8-19-08;Ord. No.3954, S 1,5-18-10;Ord. No. 4195, S 1, 4-19-16; Ord. No. 4314, S 2, 3'5-19 Ord. No.4389, S 1,2'2-21) 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 94.04.020 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. 94.04.090 Application of general provisions of the code. 94'.04.100 Proof beyond a reasonable doubt. 9A.04.110 Definitions. 9A.08.010 General requirements of culpability. Liability for conduct of another - Complicity. Corporate and personal liability. 9A.08.020 9A.08.030 9A.12.010 Insanity 9.91.140 9.91.142 9.91.144 9.91.150 9.91.160 9.91.170 9.91.175 9.91.180 9.92.020 9.92.030 9.92.040 9.92.080 9.94.041 9.96.060 9A.16.010 9A.16.020 9A.16.060 9A.16.070 9A.16.080 Definitions. Use of force - When lawful. Duress. Entrapment. Action for being detained on mercantile establishment premises for investigation - 9- 15 (Revised 5/21) 9.02.070 9A.16.090 9A.16.100 9A.16.120 9A.20.010 94.20.021 9A.20.030 9A.28.020 9A.28.030 9A.28.040 9A.36.031 9A.36.041 9A.36.050 9A.36.060 9A.36.070 9A.36.080 9A.36.100 9A.36.140 9A.36.150 9A.36.160 9A.36.161 9A.40.010 9A.40.040 9A.40.060 9A.40.070 9A.40.080 9A.40.090 9A.40.110 "Reasonable grounds" as defense. Intoxication. Use of force on children - Policy - Actions presumed unreasonable. Outdoor music festival, campground - Detention. Classification and designation of crimes. Maximum sentences for crimes committed July 1, 1984, and after. Alternative to a fine - Restitution. Criminal attempt. Criminal solicitation Criminal conspiracy Assault in the third degree. Assault in the fourth degree. Reckless endangerment. Promoting a suicide attempt. Coercion. Malicious harassment - Definition and criminal penalty. Custodial assault. Assault of a child in the third degree. Interfering with the reporting of domestic violence. Failing to summon assistance. Failing to summon assistance - Penalty. Definitions. Unlawful imprisonment. Custodial interference in the first degree. Custodial interference in the second degree. Custodial interference - Assessment of costs - Defense - Consent defense, restricted. Luring. Coercion of involuntary servitude. 9A.40.120 9A.42.010 9A.42.030 9A.42.035 9A.42.037 9p'.42.040 94.42.045 9A.42.050 9A.42.070 9A.42.080 9A.42.090 9A.42.110 9A.44.010 9A.44.020 9A.44.030 9A.44.060 9A.44.079 9A.44.089 9A.44.093 9A.44.096 9A.44.105 94.44.115 9A.44.r20 9A.44.r28 Kent City Code Enforcement of orders restricting contact. Definitions. Criminal mistreatment in the second degree. Criminal mistreatment in the third degree. Criminal mistreatment in the fourth degree. Withdrawal of life support systems. Palliative care. Defense of financial inability. Abandonment of a dependent person in the second degree Exception. Abandonment of a dependent person in the third degree - Exception. Abandonment of a dependent person - Defense. Leaving a child in the care of a sex offender, Definitions. Testimony - Evidence - Written motion - Admissibility. Defenses to prosecution under this chapter. Rape in the third degree. Rape of a child in the third degree. Child molestation in the third degree. Sexual misconduct with a minor in the first degree. Sexual misconduct with a minor in the second degree. Sexually violating human remains. Voyeurism. Admissibility of child's statement - Conditions. Definitions applicable to RCW 9A.44. 1 30 through I 4.44.145, 10.01.200, 43.43.s40, 7 0,48.47 0, and 72.09.330. Registration ofsex offenders and kidnapping offenders - (Revised 5/21)9-16 9A.44.130 Kent City Code 9p*44.r32 9A.44.150 9A.44.160 94.44.170 9A.44.180 94.44.190 9A.44.193 9A.44.196 9A.46.010 9A.46.020 9A.46.030 9A.46.040 9A.46.050 9A.46.060 9A.46.070 9A.46.080 9A.46.085 9A.46.090 9A.46.100 94.46.110 9A.46.120 9A.48.010 9A.48.040 9A.48.050 9A.48.060 9A.48.080 Procedures Definition- Penalties. Failure to register as sex offender or kidnapping offender - Refusal to provide DNA. Testimony of child by closed- circuit television. Custodial sexual misconduct in the first degree. Custodial sexual misconduct in the second degree. Custodial sexual misconduct - Defense. Criminal trespass against children - Definitions. Criminal trespass against children - Covered entities. Criminal trespass against children. Legislative finding. Definition - Penalties. Place where committed. Court-ordered requirements upon person charged with crime - Violation. Arraignment - No contact order Crimes included in harassment. Enforcement of orders restricting contact. Order restricting contact - Violation. Stalking no-contact orders - Appearance before magistrate required. Nonliability of peace officer. "Convicted," time when. Stalking. Criminal gang intimidation. Definitions. Reckless burning in the first degree. Reckless burning in the second degree. Reckless burning - Defense. Malicious mischief in the second degree. Malicious mischief in the third degree. 9A.48.100 9A.48.105 9A.48.110 9A.49.001 9A.49.010 9A.49.020 9A.49.030 9A.49.040 9A.49.050 9A.s0.010 9A.50.020 9A.50.030 9A.50.060 9A.52.0i0 9A.52.050 9A.52.060 9A.52.070 9A.52.080 9A.52.090 9A.52.095 9A.52.100 9A.52.105 94.52.115 9A.56.010 9A.56.020 9A.56.040 9A.56.050 9.02.070 Malicious mischief - "Physical damage" defined. Criminal street gang tagging and graffiti. Defacing a state monument. Findings. Definitions. Unlawful discharge of a laser in the first degree. Unlawful discharge of a laser in the second degree. Civil infraction, when. Exclusions. Definitions, Interference with health care facility. Penalty. Informational picketing. Definitions. Other crime in committing burglary punishable. Making or having burglar tools. Criminal trespass in the first degree. Criminal trespass in the second degree. Criminal trespass - Defenses. Vehicle prowling in the first degree. Vehicle prowling in the second degree. Removal of unauthorized persons - Declaration - Liability - Rights. Removal of unauthorized persons - Declaration form - i'enalty for false swearing.l Definitions. Theft - Definition, defense Theft in the second degree. Theft in the third degree. 1. RCW 9A.52.110, 94.52.120, and 9A.52.130 were repealed and replaced by the newly created Washington Cybercrime Act. See Chapter 94.90 RCW.9A.48.090 9-17 (Revised 5/21) 9.02.070 9A.56.060 9A.56.063 9A.56.075 9A.s6.083 9A.s6.096 9A.56.100 9A.56.110 9A.56.r30 9A.56.140 9A.56.160 9A.56.170 9A.56.180 94.56.220 9A.56.230 9A.56.240 9A.56.260 9A.56.262 9A.56.264 9A.56.266 9A.56.270 9A.56.280 9A.56.290 9A.56.320 9A.56.330 9A.56.340 9A.56.350 Unlawful issuance of checks or drafts. Making or possessing motor vehicle theft tools. Taking motor vehicle without permission in the second degree. Theft of livestock in the second degree. Theft ofrental, leased, lease- purchased, or loaned property. Theft and larceny equated. Extortion - Definition. Extortion in the second degree. Possessing stolen property - Definition - Presumption. Possessing stolen property in the second degree - Other than firearm or motor vehicle. Possessing property in the third degree. Obscuring the identity of a machine. Theft of subscription television services. Unlawful sale of subscription television services. Forfeiture and disposal ofdevice used to commit violation. Connection of channel converter. Theft of telecommunication services. Unlawful manufacture of telecommunication device. Unlawful sale of telecommunication device. Shopping cart theft. Credit, debit cards, checks, etc. - Definitions. Credit, payment cards - Unlawful factoring of transactions. Financial fraud - Unlawful possession, production of instruments of. Possession of another's identification. Theft with the intent to resell. Organized retail theft. 9A.56.360 9A.56.370 9A.56.380 9A.56.390 9A.58.010 9A.58.020 9A.60.010 9A.60.020 9A.60.030 9A.60.040 9A.60.045 9A.60.050 9A.60.060 9A.60.070 9A.60.080 9A.61.010 9A.61.020 9A.61.040 9A.61.050 9A.61.060 9A.64.010 9A.64.020 9A.64.030 9A.68.020 9A.68.030 9A.68.040 9A.68.050 Kent City Code Retail theft with special circumstances. Mail theft. Possession of stolen mail. Mail theft - Possession of stolen mail - Commission of other crime. Definitions. Possessing, or reading or capturing, information contained on another person's identification document - Exceptions. Definitions. Forgery. Obtaining a signature by deception or duress. Criminal impersonation in the first degree. Criminal impersonation in the second degree. False certification. Fraudulent creation or revocation of a mental health advance directive. False academic credentials - Unlawful issuance or use - Definitions - Penalties. Impersonating a census taker. Definitions. Defrauding a public utility. Defrauding a public utility in the second degree. Defrauding a public utility in the third degree. Restitution and costs. Bigamy. Incest. Child selling - Child buying. Requesting unlawful compensation. Receiving or granting unlawful compensation. Trading in public office. Trading in special influence. (Revised 5/21)9- 18 Kent City Code 9A,72.010 9A.72.030 9p^.72.040 9A.72.050 9A.72.060 94.72.070 9A.72.080 9A.72.085 9p..72.120 9p..72.r40 9A.72.r50 9A.76.010 9A.76.023 9A.76.025 94.76.027 9A.76.030 9A.76.040 9A.76.050 9A.76.060 9A.76.070 9A.76.080 9A.76.090 9A.76.100 9A.76.150 9A.76.160 9A.76.170 9A.76.175 Definitions. Perjury in the second degree. False swearing. Perjury and false swearing - Inconsistent statements - Degree of crime. Perjury and false swearing - Retraction. Perjury and false swearing - Irregularities no defense. Statement of what one does not know to be true. Unsworn statements, certification - Standards for subscribing to an unsworn statement. Tampering with a witness. Jury tampering. Tampering with physical evidence. Definitions. Disarming a law enforcement or corrections officer. Disarming a law enforcement or corrections officer - Commission of another crime. Law enforcement or corrections officer engaged in criminal conduct. Refusing to summon aid for a peace officer. Resisting arrest. Rendering criminal assistance - Definition of term. Relative defined. Rendering criminal assistance in the first degree. Rendering criminal assistance in the second degree. Rendering criminal assistance in the third degree. Compounding. Introducing contraband in the second degree. Introducing contraband in the third degree. Bail jumping. Making a false or misleading statement to a public servant. 94.80.010 Official misconduct. 9.02.070 Amber alert - Making a false or misleading statement to a public servant. Failure to appear or surrender - Affirmative defense - Penalty. Harming a police dog, accelerant detection dog, or police horse - Penalty. Definitions. Collection of unlawful debt. Trafficking in stolen property in the second degree. Influencing outcome of sporting event. Use of proceeds of criminal profiteering - Controlling enterprise or realty - Conspiracy or attempt. Remedies and procedures. Criminal profiteering lien - Authority, procedures. Criminal profiteering lien - Trustee of real property. Criminal profiteering lien - Trustee's failure to comply, evasion of procedures or lien. Financial institution records - Inspection and copying - Wrongful disclosure. Criminal mischief Failure to disperse False reporting. Indecent exposure. Prostitution. Prosecution for prostitution under RCW 9A.88.030 - Affirmative defense. Prostitution - Sex of parties immaterial - No defense. Promoting prostitution - Definitions. Promoting prostitution in the second degree. sp'.76.t77 9A.76.190 9A.76.200 9A.82.010 9A.82.045 9A.82.055 9A.82.070 9A.82.080 9A.82.100 9A.82.120 9A.82.130 9A.82.160 9A.82.170 9A.84.010 9A.84.020 9A.84.040 9A.88.010 9A.88.030 9A.88.040 9A.88.050 9A.88.060 9A.86.010 Disclosing intimate images. 9-19 9A.88.080 (Revised 5/21) 9A.88.085 9A.88.090 9A.88.110 9A.88.120 9A.88.130 9A.88.140 9.02.080 9A.88.150 Promoting travel for prostitution. Permitting prostitution. Patronizing a prostitute. Additional fee assessments. Additional requirements. Vehicle impoundment - Fees - Fines. Seizure and forfeiture. 9A.90.030 Definitions. 9A.90.040 Computer trespass in the first degree. 9A.90.050 Computer trespass in the second degree. 9A.90.060 Electronic data service interference. 9A.90.070 Spoofing. 9A.90.080 Electronic data tampering in the first degree. 94..90.090 Electronic data tampering in the second degree. 9A.90.100 Electronic data theft. 9A.90.110 Commission of other crime. (Ord. No. 3621, S 2,10-l-02; Ord. No. 3692, S 3, 6-l-04; Ord. No. 3878, S 1, 4-15-08; Ord. No. 4129, S 1, 11-18-14; Ord. No.4195, S 1,4-19-16; Ord. No.4314, S 3,3-5-19; Ord. No. 4389,52,2- 2-2r) 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 i0.01.070 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.r4.r20 10.14.170 Kent City Code Disobedience of order - Penalties. Criminal penalty. Pretrial release program. Conditions of release - Judicial officer may amend order. Conditions of release - Drugs and intoxicating liquors - Testing. Conditions of release - Judicial officer to consider available information. Service - How - Warrant not in possession, procedure - Bail. Officer may break and enter. Officer may use force. Arrest by telegraph or teletype. Arrest without warrant. Arrest - Individuals with mental disorders. Definitions. When order may be issued. Ex parte temporary order - Hearing - Notice. Additional relief - PADT area. Penalties. Additional penalties. Jurisdiction. Venue. Search without warrant unlawful - Penalty. Rights of person arrested. Delivery of person in violation of RCW 10.88.290 - Penalty. Purpose - Intent. Definitions. Law enforcement officers Training, powers, duties - Domestic violence reports. Duties of court - No-contact order. Appearances by defendant - Defendant's history - No- contact order. 10.21.015 10.21.030 10.2r.045 10.21.050 10.31.030 10.31.040 1 0.3 1 .050 10.31.060 10.31.100 10.31.110 10.66.010 10.66.020 10.66.040 10.66.050 10.66.090 10.66.100 10.66.110 10.66.120 10.79.040 10.88.290 10.88.300 10.99.010 10.99.020 10.99.030 10.99.040 (Revised 5/21 )9-20 10.99.045 Kent City Code 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 c275). 10.99.100 Sentencing - Factors - Defendant's criminal historY. (Ord. No. 3621, S 2,10'l-02; Ord. No. 4195, S 1, 4-19-16; Ord. No. 4314, S 4, 3-5-19) 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, are 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 comrnission 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. (Ord. No. 3621, S 2,10-l-02; Ord. No. 4195, S I, 4-r9-16) 9.02.100 RCW Title 16, entitled "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 16.08.100 Dangerous dogs - Confiscation - Conditions - Duties of animal control authority - Penalties and affirmative defenses for owners 16.36.116 16.52.011 16.52.015 16.52.080 16.52.085 9.02.100 of dogs that attack - Dog fights, penalty. Civil infraction - Live nonambulatory livestock - Monetary penalty - Authorization by director - Issuance of notices - Enforcement. Definitions - Principles of liability. Enforcement - Law enforcement agencies and animal care and control agencies. Transporting or confining in unsafe manner - Penalty. Removal of animals for feeding and care - Examination - Notice - Euthanasia. Docking horses - Misdemeanor. Cutting ears - Misdemeanor. Confinement without food and water - Intervention by others. Animal fighting - Prohibited behavior - Class C felony - Exceptions. Limitations on application of chapter. Exclusions from chapter. Poisoning animals - Penalty. Poisoning animals - Strychnine sales - Records - Report on suspected purchases. Sentences - Forfeiture of animals - Liability for costs Penalty - Education, counseling. Animal cruelty in the first degree. Animal cruelty in the second degree - Penalty. Destruction of animal by law enforcement officer - Immunity from liability. Nonambulatory livestock - Transporting or accepting delivery - Gross misdemeanor - Definition. Dogs or cats used as bait - Seizure - Limitation. 16.52.090 16.52.095 16.52.100 t6.52.tr7 16.52.180 16.52. r 85 16.52.190 16.52.193 16.52.200 16.52.205 16.52.207 16.52.2r0 16.52.225 9-21 16.52.300 (Revised 5/21 ) 9.02.1 10 16.52.305 16.52.310 16.s2.320 16.52.330 16.52.340 16.52.350 Unlawful use of hook - Gross misdemeanor. Dog breeding - Limit on the number of dogs - Required conditions - Penalty - Limitation of section - Definitions. Maliciously killing or causing substantial bodily harm to livestock belonging to another - Penalty. Veterinarians - Animal cruelty - Liability immunity. Leave or confine any animal in unattended motor vehicle or enclosed space - Class 2 civil infraction - Officers' authority to reasonably remove animal. Dog tethering - Penalties. Definitions. Removal or alteration of brand - Penalty. Removal of cattle or horses from state - Inspection certificate required. Failure to present animal for inspection. Unlawful to refuse assistance in establishing identity and ownership of livestock. Possession of cattle or horse marked with another's brand - Penalty. Microchip in a horse - Removal with intent to defraud - Gross misdemeanor. Unlawful transport or delivery of cattle or horses. Kent City Code 9.02.1f0 Chapter f7.04 RCW, entitled "Weed districts'o - 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. (Ord. No. 4195, S 1, 4-19-16) 9.02.120 RCW Title 19, entitled "Business Regulations - Miscellaneous" - 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 19.06.010 Labels - Contents - Requirements - Prohibited acts. 19.06.030 Advertising limitations. 19.06.040 Penalty. 16.57.010 16.57.t20 t6.57.260 16.57.267 t6.57.270 t6.s7.280 16.57.405 t6.57.440 19.25.010 19.25.020 16.58.170 General penalties - Subsequent offenses. 16.65.440 Penalty 16.70.050 Violations - Penalty. (Ord. No. 3621, S 2,l0-I'02; Ord. No. 3692, S 4, 6-1-04; Ord. No. 3954, S 2, 5-18-10; Ord. No. 4195, S 1, 4-19-16; Ord. No. 4314, S 5, 3-5-19; Ord. No. 4389, S 3,2-2-21) 19.25.030 19.25.040 19.25.050 19.25.100 19.25.800 19.25.810 t9.25.820 Definitions. Reproduction of sound without consent of owner unlawful Fine and penalty. Use of recording of live performance without consent of owner unlawful - Fine and penalty. Failure to disclose origin of certain recordings unlawful - Fine and penalty. Contraband recordings - Disposition, forfeiture, penalty. Truth in music advertising. Chapter not applicable to broadcast by commercial or educational radio or television. Chapter not applicable to certain nonrecorded broadcast use. Chapter not applicable to defined public record. (Revised 5/21 )9-22 19.27A.080 Definitions. Kent City Code 19.27A.090 19.27A.100 19.27A.110 t9.274.t20 r9.48.010 19.48.110 19.60.010 19.60.025 19.84.020 19.84.030 19.84.040 19.210.010 19.210.020 19.210.030 19.192.010 19.194.010 19.194.030 19.194.040 19.83.030 19.83.040 19.83.050 19.84.010 19.210.040 19.235.010 19.290.010 19.290.020 19.290.030 19.290.040 Portable oil-fueled heaters - Sales and use - Approval required. Portable oil-fueled heaters - Requirements for approval. Portable oil-fueled heaters - Jurisdiction over approval - Sale and use governed exclusively. Violations - Penalty. Definitions. Obtaining hotel, restaurant, lodging house, ski area, etc., accommodations by fraud - Penalty. Definitions. Duty to record information - Precious metal property. Report to chief law enforcement officer - Precious metal dealers. Retention of precious metal property - Inspection. Prohibited acts - Penalty. Secondhand precious metal dealers - Prohibited acts - Penalty. Precious metal dealers - Licensure required. Exemptions. Precious metal sales - Hosted home parties. Rebating prohibited - Disclosure - List of alternative facilities. Labels on bottles, etc. - Filing - Publication. Refilling bottles, etc. Forbidden. Refilling bottles, etc. - Possession as evidence. Refilling bottles, etc. - Penalty. License required to use or furnish trading stamps, coupons, or similar devices. Issuance of license - Fee. 9.02.120 Furnishing or selling trading stamps, coupons, or similar devices geographically limited. Coupons or similar devices - Exemptions. Penalty. Redeemable cash value to be printed on face. Must redeem at cash value. Distributor liable. Criminal penalty. Identification cards - Distinguishing official and not official proofs of identification - Penalties. Recordkeeping by retail establishments - Contents - Inspection - Definitions. Prohibited acts - Gross misdemeanor. Application. Definitions. Prohibited sales. Chapter not applicable - Trade show, certain persons. Penalties. Motion picture - Unauthorized recording - Penalty. Definitions. Nonferrous metal property - Records required. Metal property and metallic wire - Requirements for transactions. Scrap metal businesses - Record of commercial accounts. 19.60.042 19.60.057 19.60.066 19.60.067 19.60.077 19.60.085 19.60.095 19.68.010 19.76.100 19.76.110 19.76.r20 19.76.130 19.83.010 19.83.020 9-22.1 (Revised 5/21) Kent City Code This page left intentionally blank. (Revised 5/21)9-22.2 Kent City Code 19.290.050 Reports to law enforcement - Records exempt from Public disclosure - Private civil liability. 19.290.070 Violations - Penalty. 19.290.090 Exemptionsfromchapter. 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. (Ord. No. 3621, $ 2, l0-l-02; Ord. No. 3877, S 2, 4-15-08; Ord. No. 4195, $ l, 4-19-16. Formerly 9.02.110, 9.02.115) 9.02.130 Chapter 20.01 RCW, entitled 66Agricultural products - Commission merchants, dealers, brokers, buyers, agents'n - 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. (Ord. No. 4195, $ 1, 4-19-16) 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 billof lading and receipt. 22.32.030 Fraudulent tampering with or mixing goods. 22.32.040 Issuance of second receipt not marked "duplicate." 9.02.150 22.32.050 Delivery of goods without taking up receipt. (Ord. No. 4195, $ 1,4-19-16) 9.02.150 RCW Title 26, entitledooDomestic 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 fofth 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, irnmunity. 26.20.030 26.20.035 26.20.071 26.20.080 26.26.138 26.26.210 26.26.220 26.26.230 Family abandonment - Penalty - Exception. Family nonsupport - Penalty - Exception. Evidence - Spouse or domestic paftner as witness. Proof of wilfulness - Application of penalty provisions. Restraining order - Knowing violation - Penalty -Law enforcement immunity. Surrogate parenting - Definitions. Surrogate parenting - Persons excluded from contracting. Surrogate parenting - Compensation prohibited. Surrogate parenting - Contract for compensation void. 9-23 26.26.240 (Revised 11116) 9.02.160 26.26.250 26.26.450 26.28.060 26.28.070 26.28.080 26.28.085 26.33.370 26.34.010 26.34.030 26.34.040 26.34.070 26.34.080 26.44.015 26.44.020 26.44.030 26.44.040 26.44.060 26.44.063 S urrogate parenting - Provisi ons violated - Penalty. Confidentiality of genetic testing - Penalty. Child labor - Penalty. Certain types of employment prohibited - Penalty. Selling or giving tobacco to minor - Belief of representative capacity, no defense - Penalty. Applying tattoo to a minor - Penalty. Permanent care and custody ofa child - Assumption, relinquishment, or transfer except by court order or statttte, when prohibited - Penalty. Compact enacted - Provisions. "Appropriate public authorities" defined. "Appropriate authority of the receiving state" defi ned. "Executive head" defined - Compact adm i nistrator. Violations - Penalty. Limitations of chapter. Definitions. 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 - Oral, written - Contents. Immunity from civil or criminal liability - Confidential communications not violated - Actions against state not affected - False report, penalty. Temporary restraining order or preliminary injunction - Enforcement - Notice of 26.52.010 Definitions. 2652.020 Foreign protection orders - Validity. 26.52.050 Peace officer immunity. 26.52.070 Violation of foreign orders - Penalties. (Ord. No. 3621,92,10-1-02; Ord. No. 4195, $ 1, 4- 19- I 6. Formerly 9.02. 120) 9.02.160 RCW Title2T, entitled "Libraries, Museumso 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. 26.44.067 26.44.080 26.44.150 26.50.010 26.50. I l0 26.50.120 26.50.140 26.50.250 27.44.040 Kent City Code rnodification or termination of restraining order. Temporary restraining order or prel im inary inj unction - Contents - Notice - Noncompliance - Defense - Penalty. Violation - Penalty. Temporary restraining order restricting visitation for persons accused ofsexually or physically abusing a child - Penalty for violating court order. Definitions. Violation of order - Penalties. Violation of order - Prosecuting attorney or attorney for municipality may be requestedto assist - Costs and attorney's fee. Peace officers - Immunity. Disclosure of information. Protection of Indian graves - Penalty. Skeletal human remains - Duty to notify - Ground distLrrbing (Revised 11/16)9-24 27.44.055 Kent City Code activities - Coroner determination - Definitions 27.53.030 Definitions. 27.53.040 Archaeologicalresources- 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. (Ord. No.4195, S 1, 4-19-16) 9.02.170 RCW Title 28A, entitled "Common School 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 28A.320.128 Notice and disclosure policies - Threats of violence - Student conduct Immunity for good faith notice - Penalty. 9.02.180 284.635.1 10 Violations under RCW 28A.635.090 and 28A.635.100 - Disciplinary authority exception. (Ord. No. 3621, S 2,10-l-02; Ord. No. 3692, S 5, 6-1-04; Ord. No. 4195, S 1, 4-19-16. Formerly 9.02.130; Ord. No. 4389, S 4,2-2'21) 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 Violationsbyofficers. 29A.84.040 Politicaladvertising,removing or defacing. 294..84.050 Tampering with registration form, ballot declaration. 294.84.110 Officials'violations. 29A.84.I20 Disenfranchisement or discrimination. 294..84.130 Voterviolations. 29A.84.140 Unqualifiedregistration. 29A.84.150 Misuse,alterationofregistration database. 29A.84.210 Violationsbyofficers. 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 Candidacydeclarations, nominating petitions. 29A.84.410 Unlawfulappropriation, printing, or distribution. 29A.84.420 Unauthorizedexaminationof ballots, election materials - Revealing information. 29A.84.510 Acts prohibited in voting center - Prohibited practices. 28A.635.010 28A.635.020 28A.635.030 28A.635.040 28A.635.050 28A.635.070 28A.635.090 Abusing or insulting teachers, liability for - Penalty. Willfully disobeying school administrative personnel or refusing to leave public property, violations, when - Penalty. Disturbing school, school activities or meetings - Penalty. Examination questions - Disclosing - Penalty. Certain corrupt practices of school officials - Penalty. Property, failure of officials or employees to account for - Mutilation by - Penalties. Interference by force or violence - Penalty. Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful - Penalty, 28A.635.100 9-24.1 (Revised 5/21) 9.02.190 29A.84.520 Electioneering at voting center or ballot drop location by election officers forbidden. 294.84.530 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. 29A.84.550 Tampering with materials. 294.84.560 Voting machines, devices - Tampering with - Extra keys. 294.84.610 Deceptive,incorrectvote 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 Unqualifiedpersonsvoting. 294.84.680 Ballots - Violation. 29A.84.711 Documents regarding nomination, election, candidacy - Frauds and falsehoods. 29A.84.720 Officers - Violations generally. 294.84.730 Divulging ballot count. (Ord. No.4195, S 1,4-19-16) 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. 304,.04.405 Bank acquisition or control - Notice or application - 304.12.047 30A.12.110 30A.12.190 Kent City Code Registration statement - Violations - Penalties. Removal of a director, officer, or employee of a bank or holding company - Violation of final order - Penalty. Commission, etc., for procuring loan - Penalty. General penalty - Effect of conviction. 30A.16.010 Certification - Effect - Penalty 30A.42.290 Compliance - Violations - Penalties. (Ord. No. 4195, S 1, 4-19-16) 9.02.200 RCW Title 308, entitled "Washington Trust Institutions 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 308.10.100 Effect of final orders against officers, directors, emPloYees, and agents. 308.10.230 General penalty - Effect of conviction. 308.53.090 Acquisition of control of state trust company - Notice and application - Registration statement - Violations - Penalties. (Ord. No. 4195, S 1, 4-19-16; Ord. No. 4389, S 5, 2-2-2r) 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: (Revised 5/21)9-24.2 Kent City Code RCW 3t.04.027 31.04.175 Violations of chapter. Violations - No penalty prescribed - Gross misdemeanor - Good faith exception. s.02.240 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 ofaccounts 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. (Ord. No.4195, S 1, 4-19-16) 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 Violationsandpenalties 35.34.280 Violations and penalties Penalty for sewer connection without permission. 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. (Ord. No. 4195, S 1, 4-19-16) 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 Generalpenalty. 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. (Ord. No. 4195, S 1, 4-19-16) 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, 9-24.2a 35.67.350 (Revised 5/21) 9.02.250 35 .7 5.020 Use of bicycle paths for other purposes prohibited. (Ord. No. 4195, S 1, 4-19-16) 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 Violationsandpenalties. 35A.34.280 Violationsandpenalties (Ord. No. 4195, S 1, 4-19-16) 9.02.260 RCWTitle 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. 36.32.2t0 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. Kent City Code 36.68.080 Penalty for violations of regulations. 36.69.180 Violation of rules - Penalty 36.71.060 36.71.070 36.75.130 36.75.270 36.75.290 38.40.040 38.40.050 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. (Ord. No.4195, S 1,4-19-16) 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. 38.32J20 Authority of commanding officer. Peddler's license - Penalty for peddling without license. Hawkers, auctioneers, and barterers must procure license - Exceptions. Approaches to county roads - Rules regarding construction - Penalty. Limitation of type or weight of vehicles authorized - Penalty. General penalty. Interference with employment - Penalty. Discharge from employment - Penalty. Employment or membership in other organizations - Discrimination prohibited - Penalty - Civil cause of action. (Revised 5/21)9-24.2b 38.40.110 Kent City Code 38.40.120 38.42.050 38.42.150 Authorized military organizations. Protection of service members and their dependents against default judgments. Civil investigative demands - Standards - Limitations - Enforcement. 9,02.274 38.52.150 Orders, rules, regulations - Enforcement - Availability - Penalty. (Ord. No. 4195, S 1, 4-19-16; Ord. No. 4389, S 6, 2-2-21) s-24.2b(t)(Revised 5/21) Kent City Code This page left intentionally blank, (Revised 5/21)e-24.2b(2) Kent City Code 9.02.280 RCW Title 39, entitled'oPublic Contracts and Indebtedness'o - 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 39.04.110 Penalty for false entries. 39.84.050 Public corporations - Directors - Conflicts of interest. 39.110.020 Economicdevelopmentfinance authority - Creation - Dissolution - Requirements - Penalty. (Ord. No. 4195, $ l,4-19-16) 9.02.290 Chapter 40.16 RCW, entitled "Penal provisions'o - 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. (Ord. No. 4195, $ l, 4-19-16) 9.02.300 RCW Title 41, entitled "Public Employment, Civil Serviceo 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 4l .08.210 Penalty - Jurisdiction. 41.12.210 Penalty - Jurisdiction. 41.14.220 Penalty - Jurisdiction. 41.32.055 Falsification - Penalty. 9.02.310 41.35.120 False statements - Penalty 41.37 .120 False statements - Penalty 41.40.055 Penalty for false statements (Ord. No. 4 I 95, $ 1, 4-19-16) 9.02.310 RCW Title 42n entitled "Public Officers and Agencies" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to tirne, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 42.17 A.7 50 Civil remedies and sanctions - Referral for criminal prosecution. 42.20.020 42.20.030 42.20.040 42.20.050 42.20.060 42.20.080 42.20.090 42.20.100 42.20.110 42.24.100 42.24.110 Powers may not be delegated for profit. Intrusion into and refusal to surrender public offi ce. False report. Public officer making false certificate. Falsely auditing and paying claims. Other violations by officers. Misappropriation, etc., by treasurer. Failure of duty by public officer a misdemeanor. Improper conduct by certain justices. Mun icipal corporations and political subdivisions - Certificates need not be sworn - Penalty for false claim. Municipal corporations and political subdivisions - Approving or paying false claim - Penalties. 42.44.160 Official misconduct - Penalty (Ord. No. 4195, $ l, 4-19-16) 9-24.2c (Revised 11116) 9.02.320 9.02.320 RCW Title 430 entitled 66State 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 43.0 L I 00 Application forms - Employment - Licenses - Mention of race or religion prohibited - Penalty. 43.04.090 Criminal penalty 43.22A.170 Notice of infraction. 43.3'7 .200 Penalty Kent City Code Penalty for falsification. Crime laboratory analysis fee - Court imposition - Collection. DNA identification system - Biological samples - Collection, use, testing - Scope and application of section. Obtaining information by false pretenses - Unauthorized use of information - Falsifying records - Penalty. 43.43.320 43.43.690 43.43.754 43.43.810 43.07.210 Filing false statements - Penalty 43.12.065 Rules pertaining to public use of state lands - Enforcement - Penalty. 43.21G.100 Penalty State of emergency - Powers of governor pursuant to proclamation. State of emergency - Disorderly conduct after emergency proclaimed - Penalty. State of emergency - Refusing to leave public way or property when ordered - Penalty. Compelling attendance of witnesses and testimony - Penalty. Access to plants - Penalty for refusal. Manufactured homes, mobile homes, recreational vehicles - Safety rules - Compliance - Penalty. Violations - Penalties. Factory built housing and commercial structures, regulating installation of - Violation as misdemeanor - 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 (Ord. No. 4195, $ l,4-19-16) 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. (Ord. No. 4195, $ l, 4-19-16) 9.02.340 RCW Title 46' entitled "Motor Vehicleson - 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: 43.06.220 43.06.240 43.06.250 43.22.300 43.22.310 43.22.340 43.22.433 43.22.490 (Revised 11116)9-24.2d Kent City Code RCW 46.09.495 46.164.050 46.16A.010 46.19.010 46.20.091 46.29.610 46.29.620 46.35.030 46.68.010 46.70.021 46.70.051 46.70.140 46. 10.505 46.t2.610 Contaminated vehicles. Failure to title or register an off- road vehicle - Penalty, circumstances when. Failure to register a snowmobile, circumstances when. Registration - Requirements before issuance - Penalty - Rules. Registration - Cancellation, refusal, etc. - Appeals. Criteria for natural persons - Appl ication - Identifi cation cards, placards, and license plates. Application - Penalty for false statement- Driving records from and to other jurisdictions. Surrender of license - Penalty Forged proof- Penahy. Confi dential information - Exceptions - Penalty. Abstract of driving record - Access - Fee - Violations. Refunds, overpayments, and underpayments - Penalty for false statements. License required for dealers or manufacturers - Penalties. Issuance oflicense - Private party dissemination of vehicle database. Handling "hot" vehicles - Unreported motor "switches" - Unauthorized use of dealer plates - Penalty. Penalty for violations. 46.72.100 46.72A.060 46.72A.070 46.80.020 46.80.080 46.80.1 10 46.80.130 46.80.170 9.02.350 Unprofessional conduct - Bond/insurance policy - Penalty lnsurance - Amount - Penalty. Vehicle certificates - lssuance of new or duplicate certificate - Penalty. License required - Penalty. Records - Penalty. License penalties, civil fines, criminal penalties. All storage at place of business - Screening required - Penalty. Violations - Penalties. 46.52.130 46.ss.300 Vehicle immobilization. 46.82.390 Penalty. 46.87.290 Refusal,cancellationof application, cab card - Procedures, penalties. (Ord. No. 4195, $ 1,4-19-16; Ord. No. 4314, $ 6, 3-s- l 9) 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. 47.08.1l0 Misuse of county or city road funds - General penalty. 47.38.010 Rules governing use and control ofrest areas, historic sites, viewpoints, etc. - Penalties. 47.40.080 Penalty for destroying native flora on state lands, highways, parks. Violations - Penalty - Abatement as public nltisance. 46.70.170 9-24.2e 47 .41.070 (Revised 7/19) 9.02.360 47.42.080 47.44.060 Penalties Public nuisance - Abatement - Penalty. 48.30.220 48.30.230 48.44.015 48.44.060 48.46.027 48.46.420 Kent City Code Destruction, injury, secretion, etc., of propefty. False claims or proof - Penalty Registration by health care service contractors required - Penalty. Penalty. Registration, required - Issuance of securities - Penalty. Penalty for violations. 47.48.040 47.48.050 Penalty. Transportation of radioactive or hazardous cargo - Definition - Violation, penalty. 47.68.220 Operating aircraft recklessly or under influence ofintoxicants or drugs. 47.68.230 Aircraft, airman, and airwoman ceftificates required. 47.68.240 Penaltiesforviolations. 47.68.255 Evasive registration. (Ord. No. 4195, $ l, 4-19-16) 9.02.360 RCW Title 48n 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 48.304.015 Unlawful acts - Penalties. 48.31.105 Conduct of proceedings - Requirement to cooperate - Definitions - Violations - Penalties. 48.36,4..360 Penalties. 48.t7.600 Reporting and accounting for premiums. Separation of premium funds Alteration of application. Stated premium must include all charges. Contributions to candidates for insurance commissioner. Illegal dealing in premiums. Misrepresentation in application for insurance. 48.56.030 License - Required - Fees - Infonnation to be furnished - Penalty. 48.80.030 Making false claims, concealing information - Penalty - Exclusions. (Ord. No. 4195, $ l, 4-19-16) 9.02.370 RCW Title 490 entitled ool,abor Regulationso' - 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. 48. r 8.070 48.1 8.1 80 48.30.1 10 48.30.190 48.30.210 (Revised 7/19)9-24.2f 49.11.190 Violations - Criminal penalties. Kent City Code 49.24.060 49.24.380 49.26.140 Penalty Penalty Asbestos projects - Enforcement - Penalties. 9.02.370 e-24.2f(1)(Revised 7/19) Kent City Code This page left intentionally blank. (Revised 7/19)e-24.2f(2) 49.44.050 49.44.060 49.44.080 Kent City Code 49.28.010 49.28.080 49.28.100 49.38.060 Penalty 49.40.030 49.44.010 49.44.020 49.44.030 49.44.040 Fraud in securing advances - Penalty. Blackl isting - Penalty. Bribery of labor representative. Labor representative receiving bribe. Obtaining employment by false letter or cerlificate. Fraud by employment agent. Corrupt infl uencing of agent. Endangering life by refusal to labor. Bringing in out-of-state persons to replace employees involved in labor dispute - Penalty. Requiring lie detector tests - Penalty. Prohibited acts of employer - Penalty. Penalty for noncompliance with RCW 49.48.010 through 49.48.030 and 49.48.060. Enforcement of wage claims - Issuance ofsubpoenas - Compliance. Rebates of wages - False records - Penalty. Rebates of wages on pr"rblic works - Penalty. Misdemeanorto interfere with or resist commission. Refueling services for disabled drivers - Violation - Investigation - I ntentional Eight hour day, I 899 act- Public works contracts - Emergency overtime - Penalty. Hours of domestic employees - Exception - Penalty. Hours of operators of power equipment in waterfront operations - Penalty. 9.02.390 display of plate or Placard invalid or not legally issued prohibited - Fine - Notice to disabled persons. (Ord. No.4195, $ 1,4-19-16) 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. (Ord. No. 4195, $ 1,4-19-16) 9.02.390 RCW Title 51, entitled'olndustrial Insuranceo' - 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 51.14.100 Notice of compliance to be posted - Penalty. 51.16.140 Premium liability of worker 5l.48.020 49.44.t00 49.44.120 49.46.100 49.48.020 49.48.040 49.52.050 49.52.090 49.60.310 51.48.040 51.48.050 Employer's false reporting or faih.rre to secure payment of compensation - False information by claimants - Unlawful actions - Penalties. Inspection of employer's records. Liability for illegal collections for medical aid. Engaging in business without certifi cate of coverage - Unlawful actions - Penalties.49.60.360 9-24.2g s r .48.103 (Revised 11l16) 9.02.400 sl.48.270 sl.48.280 Criminal liability of persons making false statements or concealing information. Kickbacks, bribes, and rebates - Representation fees - Criminal liability - Exceptions. Kent City Code 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. (Ord. No. 4195, $ 1,4-19-16) 9.02.430 RCW Title 58, entitled ooBoundaries 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 stlrvey monument - Penalty - Cost. 58. 17.300 Violations - Penalties. (Ord. No. 4195, $ 1,4-19-16) 9.02.440 RCW Title 59' entitled o'Landlord and Tenanto'- 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 59.12.230 Forcible entry and detainer - Penalty. 59. 1 8.1 25 Inspections by local municipalities - Frequency - Number of rental properties inspected - Notice - Appeals - Penalties. 59.21.110 Violations - Penalty (Ord. No. 4195, $ l, 4-19-16) 51.52.120 Attorney's fee before department or board - Unlawful attorney's fees. 51.52.132 Unlawfulattorney'sfees. (Ord. No. 4195, $ 1,4-19-16) 9.02.400 Chapter 52.12 RCW, entitled ttPowers - Burning permitstt - 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. (Ord. No. 4195, $ 1, 4-19-16) 9.02.410 RCW Title 53, entitled '6Port 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 Regulationsauthorized- 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. (Ord. No. 4195, $ l, 4-19-16) (Revised 11116)9-24.2h Kent City Code 9.02.450 RCW Title 61, entitled'oMortgages, 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 Removalof property from mortgaged premises - Penalty. 61.30.150 False swearing - Penalty - Failure to comply with chapter- Liability. (Ord. No. 4195, $ 1,4-19-16) 9.02.460 RCW Title 630 entitled ooPersonal 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. (Ord. No. 4195, $ 1, 4-19-16) 9.02.470 RCW Title 64, entitled'oReal 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. 9.02.490 64.44.040 Orders declaring property unfit and prohibiting use - CitY, county action - Entrance uPon property prohibited. (Ord. No. 4195, $ 1,4-19-16) 9.02.480 RCW Title 65, entitled "Recordingo 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. 65.20J30 General penalties. (Ord. No. 4195, $ 1,4-19-16) 9.02.490 RCW Title 660 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 66.08.140 66.12.010 Inspection ofbooks and records - Goods possessed or shipped - Refusalas violation. Inspection ofbooks and records - Financial dealings - Penalty for refusal. Wine or beer manufactured for home use. Record of individual purchases confidential - Penalty for disclosure. 9-24.2i 66.16.090 (Revised 11/16) 9.02.490 66.20.100 66.20.1t0 66.20.120 66.20.200 66.20.340 66.24.481 66.28.090 66.28.200 66.28.210 66.28.220 66.28.230 66.44.010 66.44.040 66.44.060 66.44.070 66.44.080 66.44.090 66.44.100 66.44.120 66.44.130 Physician may prescribe or administer liquor - Penalty. Dentist may administer liquor - Penalty. Hospital, etc., may adrninister liquor - Penalty. Unlawful acts relating to identifi cation or certifi cation card - Penalties. Alcohol servers - Violation of rules - Penalties. Public place or club - License or permit required - Penalty. Licensed premises or banquet permit premises open to inspection - Failure to allow, violation. Keg registration - Special endorsement for grocery store licensee - Requirements of seller. Keg registration - Requirements of purchaser. Keg registration - Identification of containers - Rules - Fees - Sale in violation of rules unlawful. Keg registration - Furnishing to minors - Penalties. Local officers to enforce law - Authority of board - Liquor enforcement officers. Sufficiency of description of offenses in complaints, informations, process, etc. Proof of unlawfulsale establishes prima facie intent. Certified analysis is prima facie evidence of alcoholic content. Service ofprocess on corporation. Acting without license. Opening or consuming liquor in a public place - Penalty. Unlawful use of seal. Sales of liquor by drink or bottle. 66.44.140 66.44.150 66.44.160 66.44.t70 66.44.175 66.44.180 66.44.200 66.44.210 66.44.270 66.44.280 66.44.290 66.44.292 66.44.300 66.44.310 66.44.316 Kent City Code Unlawful sale, transportation of spirituous liquor without stamP or seal - Unlawful operation, possession of still or mash. Buying liquor illegally. I llegal possession, transportation of alcoholic beverages. Illegal possession of liquor with intent to sell - Prima facie evidence, what is. Violations of law. General penalties - Jurisdiction for violations. 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 ofactions. Obtaining liquor for ineligible person. Furnishing liquor to minors - Possession, use - Penalties - Exhibition of effects - Exceptions. Minor applying for permit. Minor purchasing or attempting to purchase liquor - Penalty. Sales to minors by licensee or employee - Board notification to prosecuting attorney to fonn ulate charges against minors. Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold. Minors frequenting off-limits area - Misrepresentation of age - Penalty - Classification of licensees. Cerlain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine. (Revised 11/16)e-24.2i 66.44.318 Kent City Code 66.44.325 Unlawful transfer to a minor of age identification. 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. (Ord. No. 3621, S 2,10-I-02: Ord. No. 3692, S 6, 6-1-04; Ord. No. 4195, S 1, 4-19-16. Formerly 9.02.140) 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. 9.02.510 67.16.060 Prohibited practices - Parimutuel system permitted - Race meet as public nuisance. 67.42.A70 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.I70 Penalty for violation of rules - Exceptions. 67.70.180 Persons prohibited from purchasing tickets or shares or receiving Prizes - PenaltY. (Ord. No. 4195, S 1, 4-19-16) 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 ofa new cemetery - PenaltY for noncompliance. 68.05.240 Interment, certificate of authority required - PenaltY. 68.05.330 Violation - Penalty - Unfair practice - Other laws aPPlicable. 68.05.390 Permit or endorsement required for cremation - PenaltY. 68.24.130 Sale for resale prohibited - Penalty. Commission on sales prohibited - Penalty. Unlawful employment of others to dispose of human remains. Opening road through cemetery - Penalty. 68.24.140 68.24.t50 67.08.015 67.08.140 67.08.150 Dulies of department Exemptions - Rules. Penalty for conducting events without license - Penalty. General penalty. Liquor sales, keeping games, without license - Penalty. 67.14.060 9-24.2k 68.24.190 (Revised 5/21) 9.02.520 68.28.060 68.40.085 68.40.090 68.50.020 68.50.050 68.50.100 68.50.108 68.44.060 Unauthorized loans - Penalty Improper construction a nuisance - Penalty. Representing fund as perpetual - Penalty. Penalty. Notice to coroner - Penalty. Removal or concealment of body - Penalty. Dissection, when permitted - Autopsy of person under the age of three years. Autopsies, postmortems - Consent to embalm or cremate body - Time limitation. Holding body for debt - Penalty Unlawful disposal of remains. Unlawful disturbance, removal, or sale of human remains - Penalty. Individual cremation - Exception - Penalty. Skeletal human remains - Duty to notify - Ground disturbing activities - Coroner determination - Definitions. Unlawful damage to graves, markers, shrubs, etc. - Interfering with funeral. Nonconforming cemetery a nuisance - Penalty. Defendant liable for costs. Protection of cemeteries - Penalties. Protection of historic graves - Penalty. Skeletal human remains - Duty to notify - Ground disturbing activities - Coroner determination Definitions. Illegal purchases or sales - Felony. Kent City Code 68.64.160 Illegal financial gain - Altering a document, amendment, or revocation of gift - FelonY. (Ord. No. 4195, S 1, 4-19-16) 9.02.520 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 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. Violations - Penalties. Penalties. 69.07.150 69.22.090 69.25.150 Penalties - Liability of employer - Defense. 69.28.185 Penalty. Penalties. Penalty. 69.30.140 68.50,120 68.50.130 68.50.140 68.50.185 68.50.645 68.56.010 68.56.040 68.56.050 68.60.040 68.60.050 68.60.055 68.64.150 69.36.060 69.38.040 69.38.050 69.38.060 Inspection of poison register - Penalty for failure to maintain register. False representation - Penalty Manufacturers and sellers of poisons - License required - Penalty. (Revised 5/21)9-24.21 Kent City Code 69.40.055 9.02.520 Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions - Electronic sales tracking system - Penalty. Ephedrine, pseudoephedrine, phenylpropanolamine - Possession of more than fifteen grams - Penalty - Exceptions. Exemptions - Pediatric products - Products exempted by the pharmacy quality assurance commission. Iodine, methylsulfonylmethane - Sales restrictions - Recording of transactions - Penalties. Definitions. Drug paraphernalia - Definitions. Nomenclature. Schedule I. Schedule Ii. Schedule III. Schedule IV. Schedule V. Medical assistance - Drug- related overdose - Prosecution for possession. Prohibited acts: A - Penalties. Counterfeit substances - Penalties. Delivery of substance in lieu of controlled substance - Penalty. Possession of controlled substance Penalty - Possession of useable marijuana, marijuana concentrates, or marijuana- infused products. Possession of forty grams or less of marijuana - Penalty. Involving a person under eighteen in unlawful controlled substance transaction - Penalty. Provisions not applicable to offenses under RCW 69.50,410. Prohibited acts: B - Penalties. Prohibited acts: C - Penalties. Penalties under other laws. Bar to prosecution. Conspiracy. 69.41.010 69.41.030 69.41.050 69.41.060 69.4t.072 Selling repackaged poison without labeling - Penalty Definitions. Sale, delivery, or possession of legend drug without prescription or order prohibited - Exceptions - Penalty. Labeling requirements - Penalty Search and seizure. Violations of Chapter 69.50 RCW not to be charged under Chapter 69.41 RCW Exception. Coercion of pharmacist prohibited - Penalty. Practitioners - Restricted use - Medical records. Penalties. Report to pharmacy quality assurance commission List of substances - Modification of list - Identification of purchasers - Report of transactions - Penalties. Receipt ofsubstance from source outside state - Report - Penalty. Exemptions. Suspicious transactions - RePort - Penalty. Reporting form. Recordkeeping requirements - Penalty. Reporting and recordkeeping requirements - Submission of computer readable data, copies of federal reports. False statement in report or record-ClassCfelony. Permit to sell, transfer, furnish, or receive substance - Exemptions - Application for permit - Fee - Renewal - Penalty. Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions - Record of transaction - Exceptions - Penalty. 69.43.1 10 69.43.120 69.43.130 69.43.l3s 69.50.101 69.50.102 69.41.170 69.4r.320 69.41.350 69.43.010 69.43.020 69.43.030 69.43.035 69.43.040 69.43.043 69.50.401 69.50.401 I 69.50.202 69.50.204 69.50.206 69.50.208 69.50.210 69.50.2r2 69.s0.315 69.43.048 69.43.080 69.43.090 69.50.4012 69.50.4013 69.50.4014 69.50.4015 69.50.4016 69,43.105 9-24.2m 69.50.402 69.50.403 69.50.404 69.50.405 69.50.407 (Revised 5/21) 69.50.408 69.50.410 69.50.412 69.50.4121 9.42.520 69.50.416 69.50.435 69.50.445 69.s0.475 69.50.450 69.50.465 Second or subsequent offenses. Prohibited acts: D - Penalties. Prohibited acts: E - Penalties. Drug paraphernalia - Selling or giving - Penalty. Counterfeit substances prohibited - Penalties. Violations committed in or on certain public places or facilities - Additional penalty - Defenses - Construction - Definitions. Opening package of or consuming marijuana, useable marijuana, marij uana-infused products, or marijuana concentrates in view ofgeneral public or public place - Penalty. Butane or other explosive gases. Conducting or maintaining marijuana club - Penalty. Marijuana retail outlets - Sale to persons under the age of twenty- one - Penalty. Seizure and forfeiture. Burden of proof; liabilities. Search and seizure of controlled substances. Search and seizure at rental premises - Notification of landlord. Controlled purchase programs - Persons under age twenty-one - Violation - Criminal penalty - Exceptions. Purpose and intent. Definitions. Acts not constituting crimes or unprofessional conduct - Health care professionals not subject to penalties or liabilities. Compliance with chapter - Qualifying patients and designated providers not subject to penalties - Law enforcement not subject to liability. Failure to register - Affirmative defense. Possession of plants, marijuana concentrates, useable marijuana, Kent City Code or marijuana-infused products exceeding lawful amount - Affirmative defense. Medical marijuana, lawful possession - State not liable. Limitations of chapter - Persons under supervision. Crimes - Limitations of chapter Collective gardens. State and municipalities - Not subject to liability. Qualifying patients or designated providers - Authorization - Health care professional may include recommendations on amount of marijuana. Unlawful actions - Criminal penalty. Housing unit - No more than fifteen plants may be grown or located - Exception - Civil penalties. Legislative findings. Definitions. Violations - Exceptions. Seizure of contraband. Seizure at rental premises - Notification of landlord. Violations - Juvenile driving privileges. Unlawful use of building for drug purposes - Liability of owner or manager Penalty. Unlawful fortification of building for drug purposes - Penalty. Unlawful use of fortified building - Penalty. Theft of ammonia. Unlawful storage of ammonia. Damages - Liability. Definitions. Retail sales - Proof of age from purchaser - Unlawful acts, exceptions - Penalties. 69.51A.050 69.51A.055 69.51A.060 69.51A.085 69.51A.130 69.51A.210 69.51A.240 69.51A.260 69.50.505 69.50.506 69.50.509 69.52.010 69.52.020 69.52.030 69.52.040 69.52.045 69.50.510 69.50.560 69.51A.005 69.51A.010 69.51A.030 69.51A.040 69.51A.043 69.51A.045 69.52.070 69.53.010 69.53.020 69.53.030 69.55.010 69.55.020 69.55.030 69.75.010 69.75.020 (Revised 5/21)9-24.2n 69.90.010 Definitions. 69.90.020 Sale of "kosher" and "kosher style" food products prohibited if not kosher - Representations - Penalty. (Ord. No. 3621, S 2,10-l-02: Ord. No. 3692, S 7, 6-1-04; Ord. No. 4068, S 1, 1-15-13; Ord. No. 4129, S 2, II-18-14; Ord. No. 4195, S 1, 4-19-16; Ord. No. 4389, S 7,2-2-ZI. Formerly 9.02.150) 9.02.530 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. Kent City Code 69.75.040 69.75.050 70.24.022 70.24.025 70.24.027 70.24.080 70.28.033 70.4t.t70 Construction of chapter Preemption. Interviews, examination, counseling, or treatment of infected persons or persons believed to be infected - Dissemination of false information - Penalty. Violations of health order - Penalties. Intentional transmission of HIV - Penalties. Penalty. Treatment, isolation, or examination order of health officer - Violation - Penalty Operating or maintaining unlicensed hospital or unapproved tertiary health service - Penalty. 70.58.280 Penalty 70.58A.590 Penalties. 70.62.280 Violations - Penalty 9.02.530 Operating without a license - Injunctions or other remedies - Penalty. Polluting water supply - Penalty Furnishing impure water - Penalty. Pollution of watershed of city in adjoining state - Penalty. Exposing contagious disease - Penalty. Ambulances and drivers - Penalty. Door of public buildings to swing outward - Penalty. Liability of person handling steamboat or steam boiler. Attachment of objects to utility poles - Penalty. Public restrooms - Pay facilities - Penalty. Electrology and tattooing - Practitioners to comply with rules - Penalty. Retail restroom access - Customers with medical conditions - Penalty. Definitions. License required to manufacture, purchase, sell, use, possess, transport, or store explosives - Penalty - Surrender of explosives by unlicensed person - Other relief. Unlawful access to explosives. Malicious placement of an imitation device - Penalties. Intimidation or harassment with an explosive - Class C felony. Abandonment of explosives. Explosive containers to be marked - Penalty. 70.42.r80 70.54.010 70.54.020 70.54.030 70.54.050 70.54.065 70.54.070 70.54.080 70.54.090 70.54.160 70.54.350 70.54.400 70.74.0r0 70.74.022 70.74.160 70.74.272 70.74.275 70.74.295 70.74.300 9-24.2o (Revised 5/21) 9.02.530 70.74.3t0 70.74.400 70.75.040 70.84.010 70.84.060 70.84.070 70.85.010 70.85.020 70.85.030 70.86.040 Penalty 70.87.145 70.87.180 70.90.205 70.94.430 70.95.240 70.95.515 70.95.560 70.958.140 70.95D.100 Penalties 70.95I.040 70.9sI.060 Gas bombs, explosives, stink bombs, etc. Seizure and forfeiture. Sale of nonstandard equipment as misdemeanor - Exceptions. Declaration - Policy. Unauthorized use of white cane, dog guide, or service animal. Penalty for violations. Definitions. Refusal to yield line - Penalty Request for line on pretext of emergency - Penalty. Order to discontinue operation - Notice - Conditions - Contents of order - Recision of order - Violation - Penalty - Random inspections. Violations. Criminal penalties. Penalties. Unlawful to dump or deposit solid waste without permit - Penalties - Litter cleanup restitution payment. Fee on the retail sale of new replacement vehicle tires - Failure to collect, pay to department - Penalties. Waste tires - Violation of RCW 70.95.555 - Penalty. Penalties for violations - Injunctions. 70.128.055 70.138.070 Criminalpenalties. Kent City Code Violations - Punishment. Unlicensed operation - Criminal penalty. Violations - Penalties - Injunctions - Jurisdiction and venue - Fees and costs. Rules relating to motor vehicles Violations - Penalty. Penalty. Firearms - Penalty. Compliance required. Unsafe cribs - Prohibition - Definition - Penalty. Violations - Penalties. Criminal conduct - Penalties Failure to report is gross misdemeanor. Licenses required after July 1, 1990 - Penalties. Operating without a license - Misdemeanor. Disclosure of reports or information - Penalty. Sampling prohibited - Penalty. Purchasing, possessing by persons under eighteen - Civil infraction -Jurisdiction. Shipping or transporting tobacco products ordered or purchased by mail or through the internet prohibited - Penalty. Penalties - Application of consumer protection act. 70.95J.060 70.97.r40 70.99.050 70.r07.070 70.108. I 30 70.108. r 50 Oil sellers - Education responsibility - Penalty. Disposal of used oil - Penalty 70.110.040 70.1 1 1.030 70.119.130 70.t22.090 70.124.070 70.127.020 70.148.060 70.155.050 70.155.080 70.1 55.1 40 (Revised 5/21 )9-24.2p 70.158.060 Kent City Code 70.170.070 Penalties 70.175.090 Participants authorized to contract - Penalty - Secretary and state exempt from liability 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. 70.345.030 License required - Must allow inspections - Sale of certain substances prohibited - Penalties. 70.345.090 Mail and internet sales - License required - Age and identity verification - Penalties - Enforcement - Application of consumer protection act - Rules. 70.345.100 Product tastings - Requirements - Penalty. (Ord. No. 3621, S 2,10-l-02: Ord. No. 3954, S 3, 5-18-10; Ord. No. 4195, S 1, 4-19-16; Ord. No. 4389, S 8,2-2-21. Formerly 9.02.160) 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 7l.05.680 Treatment records - Access under false pretenses, penalty. 71.12.460 License to be obtained - Penalty (Ord. No. 4195, S 1, 4-19-16) 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 9.02.570 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. (Ord. No. 4195, S 1, 4-19-16) 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. (Ord. No. 4195, S 1, 4-19-16) 9.02.570 RCW Title 74, entitled "Public 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 7 4.04.060 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. Electronic benefit cards - Names of two or more persons. 74.08.582 Failure to maintain trust funds in separate account - Penalties. 9-24.2q 74.09.270 (Revised 5/21) 9.02.580 7 4.r5.r50 Penalty for operating without license. 74.20.060 Cooperation by person having custody of child - Penalty. Financial statements by parent whose absence is basis of application for public assistance. 7 4.20.260 74.34.020 Definitions. 74.34.021 Vulnerable adult - Definition. 74.34.035 Reports - Mandated and permissive - Contents - Confidentiality. 7 4.34.040 Reports Contents - Identity confidential. 74.34.050 Immunity from liability. 7 4.34.053 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. (Ord. No. 3621, S 2,10-l-02; Ord. No. 4195, S 1, 4- 19-16. Formerly 9.02. 170) 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 (Ord. No.4195, S 1,4-19-16) Kent City Code 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 Penaltyagainstindividuals. 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. (Ord. No.4195, S 1,4-19-16) 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 Penaltyagainstindividual. Penalty for failure to pay fees - Disposition of fees and penalties (Revised 5/21)9-24.2r 81.24.080 81.40.060 Kent City Code 81.29.040 Penalty for violations 9.02.630 9.02.6f0 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. 88.02.7 40 Vessel dealer license required - Penalty. (Ord. No. 4195, S 1, 4-19-16) 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. 90.44.r20 Penalty for waste or unauthorized use of water 90.58.220 General penalty (Ord. No. 4195, S 1, 4-19-16) 9.02.630 Obstructingpublicofficers. A. A person is guilty of obstructing a public officer if, with knowledge that the person is a pub- lic 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; Purchase of apparel by employees - Penalty. Employee shelters - Penalty. Cost of records or medical examinations - Unlawful to require employee or applicant to pay - Penalty - Definitions. First aid kits and drinking water - Penalty. Obstructing or delaying train - Penalty. Penalty for violation of duty endangering safety. Reimbursement of inspection cost. Definitions. Application of chapter restricted. Compliance with chapter required, Penalty. 81,40.080 81.40.130 81.44.085 81.48.020 81.48.060 81.54.030 81.68.080 81.68.010 81.68.015 81.68.020 81.77.020 Compliance with chapter required - Exemption for cities. 81.77.090 Penalty. (Ord. No. 4195, S l, 4-19-16) 9.02.605 RCW Title 82, entitled "Excise Tax" - 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 82.12.040 Retailers to collect tax - Penalty. 82.26 .I9A Distributors and retailers - Valid license required - Violations - Penalties. (Ord. No. 4389, S 9,2-2-Zl) 9-24.2s (Revised s/21) 9.02.640 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 mate- rial 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 pub- lic 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 govern- mental 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 cita- tions for violations under the code or those individ- uals responsible for the enforcement of the criminal laws of the state. D. Obstructing a public officer is a gross misde- meanor. (Ord. No. 3621, S 2,10-l'02; Ord. No. 4195, S I, 4- 19-16. Formerly 9.02. 180) 9.02.640 Disorderlyconduct. A. A person is guilty of disorderly conduct if he or she: 1. Uses abusive language and thereby inten- tionally creates a risk of assault; 2. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; 3. Intentionally obstructs pedestrian or vehic- ular traffic without lawful authority; or 4. Aggressively solicits in a public place. B. The following definitions shall apply in this section: l. 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 tak- Kent City Code ing similar actions for the purpose of inducing another person into giving goods, services, money, signatures, or any other item, tangible or intangi- ble, sought by the solicitor. 2. Lawful authorityincludes 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 juris- diction. 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 pas- sage by another person or a vehicle, or to require another person or a driver of a vehicle to take eva- sive 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 fed- eral court with jurisdiction and which has been determined by the court to be a valid exercise of one's right to picket or legally protestshall not con- stitute obstruction of pedestrian or vehicular traf- fic. 4. Public place means an area generally visi- ble 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 ges- tures, or written or symbolic signs or displays in a public place. C. Disorderly conduct is a misdemeanor. (Ord. No. 3621, S 2,I0-I-02: Ord. No. 4071, S 1, 2-19-13; Ord. No. 4146, S I, 4-21-15: Ord. No. 4195, S 1,4-19-16. Formerly 9.02.190) 9.02.650 Prohibited conduct on transit property and transit vehicles. A. Definitions. As used in this section, the fol- lowing definitions shall apply: L Public transportation services means pro- viding, at scheduled times and places, transit vehi- cles to carry members of the public from one (Revised 5/2'l)9-24.2t Kent City Code 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 are owned, leased, held, or used within the city of Kent by a public or private agency or municipal corpo- ration for purposes of providing or directly sup- porting public transportation services, including, but not limited to, park and ride lots or parking structures for passengers; transit centers; desig- nated bus, trolley, light rail, or train stops and wait- ing areas; and transit vehicle maintenance or storage facilities. 4. Transit vehiclemeans 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. 9.02.650 s-24.zt(t)(Revised 5/21) Kent City Code This page left intentionally blank (Revised 5/2.1)9-24.2t(2) Kent City Code B. Misdemeanor offenses on transit property and transit vehicles. The following actions are pro- hibited 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 smolder- ing pipe, cigar, or cigarette while in a transit vehi- cle; 2. Discarding litter other than in designated receptacles; 3. Playing a radio, tape recorder, audible game device, or any other sound-producing equip- ment, except when the equipment is connected to earphones that limit the sound to the individual lis- tener, with knowledge that this conduct is prohib- ited. However, the use of communication devices in the line of duty by city of Kent employees, tran- sit agency or county employees, or police, fire, or other public safety officers is permitted, as is the use of private communication devices used to sum- mon, notify, or communicate with other individu- als (such as "beepers" or portable telephones); 4. Spitting, expectorating, urinating, or defe- cating, 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 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. lntentionally obstructing or impeding the flow of transit vehicle or passenger movement, intentionally hindering or preventing access to transit property, intentionally causing Llnreason- able delays in boarding or exiting, intentionally reclining or occupying more than one seat, or in any way intentionally interfering with the provi- sion or use oftransit services; 7. Unreasonably disturbing others by engag- ing in loud, raucous, unruly, harmful, abusive, or harassing behavior; 8. Drinking an alcoholic beverage or possess- ing an open container ofan 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 drink- ing an alcoholic beverage is not prohibited on tran- sit property if authorized as part of a scheduled special event for which all required permits have 9.02.650 been obtained and when said facilities are not in use for transit purposes; provided fufther, drinking by passengers is not prohibited with respect to tran- sit 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 chem- icals and automotive fluids; 10. Throwing an object at transit property or at any person in transit property; I 1. Failing to present a valid, unexpired pass, transfer, or ticket or otherwise failing to pay the appropriate fare as required; I 2. Possessing an unissued transfer or tender- ing an unissued transfer as proof of fare paymen| 13. Falsely representing oneself as eligible for a special or reduced fare or obtaining any per- mit 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 equip- ment, 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 tran- sit vehicle toward any other moving vehicle, or directing such a device toward any transit operator or passenger. C- Infractions. The following actions are pro- hibited in, on, or against all transit propefties and transit vehicles. A person who commits one of the following acts in, on, or in relation to transit prop- erty is guilty of a civil infraction to which Chapter 7.80 RCW applies: l. Allowing any animal to occupy a seat on transit property, to run at large withottt 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 propertyl provided, dogs that have been declared dangerous shall not be allowed on transit vehicles or transit property; 9-24.2tr (Revised 11116) 9.02.660 2. Allowing his or her animal to leave waste on transit property or in a transit vehicle; 3. Rollerskating, rollerblading, or skate- boarding; 4. Riding a bicycle, motorcycle, or other vehicle except for the purpose of entering or leav- ing 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 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 oftransit 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 dan- ger 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 pur- poses; 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; I 1 . Intentionally extending an object or a por- tion 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 tran- sit property; 13. Engaging in any sports on transit property without perrnission; Kent City Code 14. Parking a vehicle in a designated passen- ger parking area on transit property for more than 72 consecutive hours; 15. Using transit property for residential parking or unauthorized commercial parking pur- poses; 16. Unless authorized, cleaning or perform- ing nonemergency repairs to a vehicle parked on transit property; and 17. Conducting driver training on transit property. (Ord. No. 3877, $ 2, 4-l -081. Ord. No. 4195, S 1, 4- I 9- 1 6. Formerly 9.02.192) 9.02,660 Possession of graffiti tools. A. It shall be unlawful for any person to possess graffititools. 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 destroy- ing 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 writ- ing, painting, inscribing, drawing, scratching, cut- ting, 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. (Ord. No.4005, $ l, 10-18-l l; Ord. No.4195, $ l, 4- 19 - I 6. Formerly 9.02.193) (Revised 11/16)9-24.2v Kent City Code 9.02.670 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 il with- out privilege, permission, or license to do so, he or she intentionally tampers or interferes with the property ofanother. B. For the purposes of this section, the terms tampers and 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 prop- erty to its previous condition. C. Tampering or interfering with the property of another is a misdemeanor. (Ord. No. 3836, $ 1,4-17-07; Ord. No. 4195, $ 1, 4-19 - I 6. Formerly 9.02.195) 9.02.680 Publicdisturbance. A. A person is guilty of public disturbance if he or she: l. Causes a public disturbance or is in posses- sion or control of property on which a public dis- turbance 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 ofdanger 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 dis- trict. 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 build- ing, structure, apartment, condominium, or yard 9.02.690 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 play- ers, operated at a volume so as to be audible greater than 50 feet fiom the source, and if not operated upon the real property of the operator. This provi- sion shall not apply to such sounds emitted from scheduled events or activities at parks and recre- ational 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 out- door 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; pro- vided, however, such sounds shall be exempt from the provisions of this code under the following cir- cumstances: 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 enltmeration 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. (Ord. No. 3621, $ 2, l0-l-02; Ord. No. 4072, S l, 2-19-13; Ord. No. 4195, $ l, 4-19-16' Formerly 9.02.200) 9.02.690 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: l. Intentionally interferes with the proper functioning of the public facility by causing a sub- stantial disruption ofthe public facility or the activ- ities occurring at the public facility; or 9-24.2w (Revised 11116) 9.02.100 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 inthis section, thetermpublicfacil- ity 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 Facil- ity, the ShoWare Center located at 625 W. James Street, and any other bLrilding, structure, equip- ment, and adjoining grounds and appurtenances of city, county, state, and federal government offices. C. A violation of this section is a misdemeanor. (Ord. No. 3621, $ 2,10-1-02; Ord. No. 3910, $ l, 2-17-09; Ord. No. 4195, $ 1, 4-19-16. Formerly 9.02.210) 9.02.700 Public events - Criminal activity. A. Interference with public events. No person shall physically interfere with any public event activity in a manner which; ( I ) 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, per- formance, processing, race, game, exhibition, or similar activity that is conducted on a public street or pLrblic place and is an official part of a public event. The term public event shall mean any event(s) sponsored or cosponsored by, in conjunc- tion with, or endorsed by any public, quasi-public, or civic entity for the benefit of the public. B. Violation/penalty. Any violation of subsec- tion (A) of this section shall constitute a misde- meanor. C. Criminal trespass. Any person who: l. Violates this section of the Kent City Code; 2. Commits any offense against public peace as set forth in this chapter, including, but not lim- ited to, indecent exposure, urinating in public, pub- lic disturbance, disorderly conduct, and failure to disperse, while attending or in conjunction with a public event; Kent City Code 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 evenu 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 enforce- ment officer. Such an order may prohibit the per- son 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 tres- pass pursuant to Chapter 94.52 RCW. (Ord. No. 3621, $ 2, l0-l-021' Ord. No. 4195, $ 1, 4-19 - | 6. Formerly 9.02.220) 9.02.710 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, Llnsafe, or other- wise prohibited activity at the public facilities. This behavior is often engaged in by a 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 interfer- ence 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 facil- ity where the act was committed; provided, fttrther, that ifthe public facility where the act was commit- ted is part of a public facility assemblage as described in subsection (H) of this section, the offi- cer may, by written order, exclude that person from entering all public facilities within that assem- blage. (Revised 11116)9-24.2x Kent City Code C. If the offender: l. 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 viola- tion, 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 of45 days from the date ofthe exclu- sion notice. 2. Has been issued an exclusion notice within the one year prior to the current violation or the current violation is a felony violation, a weapon violation, or a violation involving an act of vio- lence or threat of violence, then the officer may exclude the offender from the public facility or public facility assemblage in which the current vio- lation occurred for a period of 90 days from the date ofthe exclusion notice. 3. Has been issued two or more exclusion notices from the same public facility or public facility assemblage in which the current violation has occurred within the one year prior to the cur- rent violation, then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occltrred for a period of364 days from the date ofthe exclu- sion notice. 4. Has been issued two or more exclusion notices within the one year prior to the current vio- lation 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 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 year prior to the current violation, then the officer may exclude the offender from all public facilities for a period of 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 con- sequences for failure to comply with the exclusion notice, as well as procedures for seeking review of the exclusion, shall be contained within the exclu- sion notice. 9.02.710 E. The person subject to the exclusion notice shall have the right to a hearing to seek the modifi- cation or rescission of the exclusion. For the pur- poses of exclusion modification or rescission hearings, the city's hearing officer shall be the city of Kent's director of parks, recreation, and commu- nity services or his/her designee, or the person act- ing 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 exclu- sion notice for which the hearing is sought. The request shall contain the address of the offender, and it shalI be the responsibility of the offender to notify the hearing officer ofany change ofaddress. The hearing shall occur and a decision be rendered within l0 business days after the city's hearing officer receives the request for hearing. Notice of the hearing shall be effective upon the third busi- ness day after placement of the notice in the rnail 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 ofthe 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 for"rnd 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,writ- ten 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 tes- tify. 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 9-24.2y (Revised 11116) 9.02.710 an exclusion is rescinded, it shall not be considered a prior exclusion for the purposes ofsubsection (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 14 days of the date of the decision. 5. The exclusion shall remain effective during the pendency of any administrative or judi- cial proceeding. 6. The determination of the city's hearing officer shall not have any collateral estoppel effect on a subsequent criminal prosecution or civil pro- ceeding 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 pLrblic 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 misde- rneanor or misdemeanor crime, excluding all traf- fic 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 69.50.445; 4. Any act that qualifies as a violation of: a. KCC 4.01.020 Same - Damaging prop- erty. 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 bever- ages. 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 9.02.840, Urinating in public. Kent City Code G. For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds, appurte- nances, and parking areas of any of the following when located within the city of Kent: l. Any building maintained or operated by the city of Kent, King County, or the state of Wash- ington. 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 Washing- ton, 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, loc,ated at 625 W. James Street. 5. The bodies of water known as Lake Merid- ian and Lake Fenwick and associated boat ramps and areas ofingress 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 Wash- ington. 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: l. 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 Play- field, and the Kent Library. (Revised'11i16)9-24.22 Kent City Code I. The violation of an exclusion notice is a mts- demeanor. (Ord. No. 3955, $ 2, 5-18-10; Ord. No. 4076, $ l, 3-19-13; Ord. No. 4195, $ l, 4-19-16. Formerly 9.02.230) 9.02.720 Escape. A. A person is guilty of escape if: l. Without lawful authority, he or she inten- tionally removes himself or herself from the cus- tody of a court, police officer, detention facility, registered location where work is performed pursu- ant to work release, or registered location where he or she is serving any portion of jail time on elec- tronic home monitoring or detention; or 2. He or she fails to return himself or herself to the custody of the cout1, police officer, or deten- tion facility following temporary leave lawfully granted by a court or Kent corrections. B. For the purposes of this section, custody means: l. Restraint by a police officer pursuant to a lawf,ul arrest f,or an offlense; or 2. Restraint pursuant to an order of a coutt, including: a. The detention of a person pursuant to a court issued arrest warrant; b. A verbal or written order to detain a per- son during a court appearance; c. The detention of a person pending and during trial; d. Detention of a person pending sentenc- ing or pursuant to a sentence ofa court; e. Detention of a person pursuant to the revocation of a period of a sentence initially sus- pended by a courl; f. Detention of a person pllrsuant to an elec- tronic home monitoring or electronic home deten- tion program, regardless of the location that the person who is in custody is registered or required to be; g. Detention of a person pursuant to a work release or work crew 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 repofting program, regardless of the location that the person who is in cLrstody has listed or registered as the location that he or she repofts to. 9.02.740 C. A person who violates this section shall be guilty of a gross misdemeanor. (Ord. No. 3621, $ 2, l0-l-02; Ord. No. 4195, $ 1, 4- 19 - I 6. Formerly 9.02.240) 9.02,730 Damage, theft' abandonment, or improper use of an electronic home detention or monitoring device. A. A person is guilty of damage, theft, aban- donment, or improper use of an electronic home detention or monitoring device if: l. 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 cor- rections or its lawful owner within 24 hours of interrupting or terminating the proper use of the device. B. For the purposes of this section, the term darnage shall have the same meaning as damages as that term is defined in RCW 94.48.010. C. For the purposes of this section, the phrase exerts unauthorized control shall be defined as it is in RCW 94.56.010. D. A person who violates this section shall be guilty of a gross misdemeanor. (Ord. No. 3621,52, l0-l-02; Ord. No. 4195, $ l, 4- 19 - 1 6. Formerly 9.02.250) 9.02.740 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: L 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. 9-24.2aa (Revised 11l16) 9.02.',750 C. Vehicle trespass is a misdemeanor. (Ord. No. 3835, $ 1,4-17-07; Ord. No. 4195, $ l, 4-19-1 6. Formerly 9.02.265) 9.02.750 Neglect of a child or dependent person. A. A person is guilty of the crime of neglect of a child or dependent person ifthe person is a parent of a child, a person entrusted with the physical cus- tody ofa child or other dependent person, or a per- son employed to provide to the child or dependent person any of the basic necessities of life, and with criminal negligence, the person: l. 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 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 rea- sonable effort to obtain adequate assistance. This defense is available to a person employed to pro- vide 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 actmay occur and his or her failure to be aware ofsuch sub- stantial risk constittttes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. Kent City Code D. Child means a person under 18 years of age. E. Dependent person means a person who, because of physical or mental disability or because ofadvanced 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 vulnera- ble adult as defined in RCW 74.34.020(13) is pre- sumed to be a dependent person for purposes of this section. F. For the purposes of this section, bodily inittry 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. (Ord. No. 3621, $ 2, 10-1-02; Ord. No. 4195, $ 1, 4- 19 - 1 6. Formerly 9.02.27 0) 9.02.760 Offenses against police dogs. No person shall willfully or maliciously tor- ment, 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 hin- der, 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. (Ord. No. 3621, $ 2,10-l-02; Ord. No. 4195, $ 1, 4- 19 - I 6. Formerly 9.02.280) 9.02.770 Provokingassault. Every person who shall, by word, sign, or ges- ture, willfully provoke or attempt to provoke another person to commit an assault or breach of the peace shall be guilty of a misdemeanor. (Ord. No. 3621, $ 2, 10-l-02; Ord. No. 4195, $ l, 4- 19 - | 6. Formerly 9.02.290) 9.02.780 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 con- duct that is intended to place a person in reasonable fear of "bodily injury" as that phrase is defined in RCW 94.04.1 10. (Revised 11/16)9-24.2bb Kent City Code 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 90 days in jail and a $1,000 fine. (Ord. No. 4087, $ 1,9-3-13;Ord. No. 4107, $ l, 3- 18-14; Ord. No. 4195, $ l, 4-19-16. Formerly 9.02.293.) 9.02.790 Definitions. The following words and phrases, wherever used in KCC 9.02.800, 9.02.810, 9.02.820 and 9.02.830, shall have the rneanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the con- trary: A. Expressive conduct means any dance, opera, musical, dramatic work, or other exhibition or per- formance, whether or not part of an organized or formal event that constitutes protected speech under the federal or state constittttion. B. Known prostitute, aperson lcnown to patron- ize prostitutes, or a person lcnown to advance pros- titution means a person who within one 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 prostitu- tion, 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 94.88.110 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 plqce 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 payment of a fee, and includes, but is not limited to, 9.02.800 buildings open to the general public, including those which serve food or drink or provide enter- tainment or sell product, and the windows, door- ways 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 apartfor 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 accommoda- tions, 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 "sexttal inter- course" 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 menner shall mean the swaying of hips, drawing attention to one's buttocks, legs, or breasts, grabbing oneselfin the genitals or breasts, blowing kisses, or using one's body or any part thereof to simulate sexual conduct. (Ord. No. 4102,51,1-21-14; Ord. No. 410'7,52, 3-18-14; Ord. No. 4195, $ 1, 4-19-16. Formerly 9.02.29s) 9.02.800 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: l. Exposes any of his or her body parts with- out a full and opaque covering: a. Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the analcleft; 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 9-24.2cc (Revised 11116) 9.02.810 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, taftoos, 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 anatomi- cal area beneath it, is not full and opaque covering within the meaning of this section. C. This section shall not be construed to pro- hibit: L 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 aperson under l8 years ofage; or 6. Conduct ofa child under l0 years ofage. D. Lewd conduct is a misdemeanor. (Ord. No. 4102, $ l,l-21-14; Ord. No. 4107,52, 3-18-14; Ord. No. 4195, $ 1, 4-19-16. Formerly 9.02.296) 9.02.810 Facilitatinglewdconduct. The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facil- itating lewd conduct if the person knowingly per- mits, encourages, or causes to be committed lewd conduct as defined in KCC 9.02.800. Facilitating lewd conduct is a misdemeanor. (Ord. No. 4102,51,1-21-14' Ord. No. 4107,92, 3-18-14; Ord. No. 4195, $ l, 4-19-16. Formerly 9.02.297) Kent City Code 9.02.820 Prostitutionloitering. A. A person is guilty of prostitution loitering if he or she intentionally solicits, induces, entices, or procures another to commit the crime of prostitu- tion or patronizing a prostitute. B. Among the circumstances which may be considered in determining whether the actor inten- tionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute are that he or she: l Repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conver- sation; 2. Repeatedly stops or attempts to stop occu- pants of a motor vehicle or motorcycle by hailing, waving, 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 pro- mote, permit, or advance prostitution; 6. Inquires whether another is a police offi- cer, 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 Back- page.com, Craigslist.com, or the Stranger to solicit, induce, entice, or procure another to com- mit the crime of prostitution or patronizing a pros- titute. C. The crime of prostitution loitering may be deemed to have been committed either at the phys- ical 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. (Ord. No. 3621, $ 2,10-1-02; Ord. No. 3715, $ 1, 10-5-04; Ord. No. 4102, $ 2, l-21-14; Ord. No. 4195, $ 1,4-19-16. Formerly 9.02.300) (Revised 't1i16)9-24.2dd Kent City Code 9.02.830 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 ser- vices. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes, and those who promote prostitution. Many of these areas extend beyond thejurisdiction of the city of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tuk- wila, 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 mem- bers suffer from traffic congestion and an increased risk to public health and safety. The high risk pros- titution areas set forth in subsection (E) ofthis sec- tion suffer a much higher incidence of prostitution- related crimes than other areas of the city. B. Stay out ofareas ofprostitution orders, here- inafter 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 pretrial release. C. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitu- tion, 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 proba- ble cause to believe that a person has received a SOAP order as a condition of pretrial release or of probation and in the officer's presence is seen vio- lating or failing to comply with any requirement or restriction imposed by the court as a condition of such pretrial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such per- son 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 9.02.830 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 22Znd Street, including all adjacent businesses. 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 per- son before the court. G. The written SOAP order shall contain the court's directives and shall bear the legend: "Vio- lation 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 $1,000 or imprisonment for not more than 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 S 1), the high risk prostitution areas identified in subsection (E) of this section are the areas where vehicles are subject to impoundment for a sus- pected violation of patronizing a prostitute, pro- moting 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 9-24.Zee (Revised 6/22) 9.02.840 shall be identified by the placement of clear and conspicuous signs. (Ord. No. 3621, S 2,10-l-02; Ord. No. 3920, S l, 6-16-09; Ord. No. 4102, S 2, l-21-14; Ord. No. 4195, S 1,4-19-16. Formerly 9.02.310) 9.02.840 Urinating in public. A. A person is guilty of urinating in public if the person intentionally urinates or defecates in a pub- lic 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 sec- tion shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed $250.00. (Ord. No. 3621, S 2,10-l-02; Ord. No. 4195, S 1, 4-19- 1 6. Formerly 9.02.320) 9.02.850 Possession of drug paraphernalia. Repealed by Ord. No. 4412. (Ord. No. 3621, S 2,10-l-02; Ord. No. 4195, S 1, 4- 19-16. Formerly 9.02.330) 9.02.860 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 restrain- ing use or entry shall be a gross misdemeanor pun- ishable by imprisonment in jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $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 jail for a maximum term fixed by Kent City Code the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine. (Ord. No. 3716, S 1, 10-5-04; Ord. No. 4195, S 1, 4-19-16. Formerly 9.02.335) 9.02.870 Sale, manufacture, possession of certain weapons. Any person who sells, manufactures, purchases, possesses, or carries: l. Any device commonly known as nunchuka sticks, consisting of two 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. (Ord. No. 3621, S 2,10'l-02; Ord. No. 4195, S 1, 4- 19-1 6. Formerly 9.02.340) 9.02.880 Possession of firearms or dangerous weapons at Kent Commons - Unlawful. A. Subject to the exceptions set forth in subsec- tions (B) and (C) of this section, it shall be unlaw- ful for any person to possess a firearm; a dagger, sword, or knife with a blade in excess of three 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 con- cealed weapon pursuant to RCW 9.41.070 or a per- son exempted from the licensing requirement by RCW 9.41.060. C. This section shall not apply during shows, demonstrations, or lectures involving the exhibi- tion of firearms or other weapons. 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. (Revised 6/22)9-24.zff Kent City Code 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 Com- mons. F. A person who violates this section shall be guilty of a misdemeanor. (Ord. No. 3621, $ 2,l0-l-02; Ord. No. 4195, $ 1, 4- 19 - 1 6. Formerly 9.02.3 50) 9,02.890 Nonincendiarydevices. A. For the purposes of this chapter, anonincen- diary 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, chem- ical, 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 posses- sion for the purpose of depositing, leaving, placing, spraying, scattering, spreading, throwing, or other- wise 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 other- wise deploy in any building or any place; any non- incendiary device shall be guilty of a gross misde- meanor. C. Anyone who enhances any nonincendiary device by adding, either internally or externally, any additional material that would create greater damage by becoming fragmentation or shrapnel will be sLrbject to a mandatory minimum penalty of 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 comrnissioned law enforcement officers actually engaged in the performance of his or her dr.rty or training or in the course of any train- ing acting pursuant to orders from competent authority, nor shall this section apply to any prop- 9.02.900 erty owner or person acting under his or her author- ity in providing protection against the commission of a felony. (Ord. No. 3621, $ 2,10-1-02; Ord. No' 4195, $ l, 4-19 -1 6. Formerly 9.02.360) 9.02.900 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 ofdetonating hobby cannons. This record shall be in English and shall be wriften or electronically stored in an easily obtainable manner. The following inforrnation must be docu- mented for each sale or exchange transaction: l. 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 iden- tifying number, used by the person with whorn the transaction was made; and 6. The amount ofcannon fuse purchased. B. The type of identification relied upon for the sale or exchange must consist of: l. A valid driver's license or identification card issued by any state; or 2. Two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, at least one piece of current govern- mental identification will be required. C. This record shall at all times during the ordi- nary hours of business, or at reasonable times if ordinary hours ofbusiness 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 years following the date of the transac- tion. (Ord. No. 3621, $ 2,10-1-02; Ord. No. 4195, $ l, 4- 19 - I 6. Formerly 9.02.3'7 0) 9-24.29g (Revised 11116) 9.02.910 9.02.910 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 sub- ject to the penalties prescribed by law. (Ord. No. 3621, $ 2,10-l-02; Ord. No. 4195, $ 1, 4- 19-1 6. Formerly 9.02.380) 9.02.920 Probationviolations. A. For purposes ofthis section,thewordproba- tioner 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 sus- pended sentence, deferred sentence, or deferred prosecution by either a district court, municipal courto or superior court. B. Whenever a police officer shall have proba- ble cause to believe that a probationer, prior to the termination of his probation, is in such police offi- cer's presence and is violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, the police officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended and, for such purpose, the police officer may arrest such probationer without warrant or other process. (Ord. No. 3621, $ 2,10-l-02; Ord. No. 3737, S l, 4-5-05; Ord. No. 4195, $ l, 4-19-16. Formerly 9.02.390) 9.02.930 Court costs - Jail medical costs. A. In addition to the penalties set forth in KCC 9.02.940, 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 medi- cal care provider during confinement ofthe defen- dant. 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. (Ord. No. 3621, $ 2,10-l-02; Ord. No. 4195, $ l, 4- 19 - I 6. Formerly 9.02.400) Kent City Code 9.02.940 Violations - Penalty. Unless otherwise provided in this chapter, viola- tion of any provision of this chapter shall be pun- ishable by: 1. Gross misdemeanor. Every person con- victed of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $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 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. No. 3621, $ 2,10-1-02; Ord. No. 4195, $ l, 4- 1 9 - 1 6. Formerly 9.02.4 | 0) (Revised 11/16)9-24.2hh Sections: 9.03.010 9.03.020 9.03.030 9.03.040 9.03.050 Kent City Code Chapter 9.03 REWARDS FOR INFORMATION LEADING TO ARREST* 9.03.050 direct, and shall be widely distributed to the news media within this area. (Ord. No. 2568, $ l. Formerly Code 1986, $ 2.3 r.040) 9.03.050 Certainpersonsineligible. The officers and employees of the city, mem- bers of their immediate families and their kindred to the fourth degree are excluded from application ofthe provisions ofthis chapter. (Ord. No. 2568, $ 1. Formerly Code 1986, $ 2.31.0s0) Reward established. Reward eligibility. Payment from general fund. Posting of notice of reward. Certain persons ineligible. *Cross reference(s) - Damaging parks and recreation prop- erty, $ 4.01.020. 9.03.0f0 Rewardestablished. In the public interest, a standing reward in the sum up to five hundred dollars ($500) is hereby established for information leading to the arrest and prosecution ofthe person responsible for each act of damage to and/or destruction of any city property. (Ord. No. 2568, $ L Formerly Code 1986, $ 2.31.010) 9.03.020 Rewardeligibility. In order to be eligible for a reward pursuant to KCC 9.03.010, the individual furnishing such information must testify or be willing to testify at any hearing or trial held to determine the guilt or liability of the person or persons alleged to be responsible for each act of damage to, and/or destruction of, city property. The testimony shall be as to facts and circumstances known to the indi- vidual and furnished to the city. (Ord. No. 2568, $ l. Formerly Code 1986, $ 2.31.020) 9.03.030 Payment from general fund. Reward payment shall be charged against the general fund upon certification from the city administrator upon consultation with the city attor- ney and affected department. (Ord. No. 2568, $ l. Formerly Code 1986, $ 2.31.030) 9.03.040 Posting of notice of reward. The offer of reward, established by this chapter, shall be posted in conspicuous public places throughout the city as the city administrator shall 9-24.3 (Revised 3/20) 9.04.010 Sections 9.04.010 9.04.020 9.04.030 9.04.040 9.04.050 9.04.060 9.04.070 9.04. 100 9.04.110 9.04.t20 9.04.125 9.04.080 9.04.090 9.04.130 9.04.010 Purpose. The Kent city council recognizes the health and wellness benefits of massage and reflexology, and that massage and reflexology businesses in the city of Kent serve a legitimate and beneficial purpose in the community. The council also recognizes that there are some businesses that hold themselves out as massage or reflexology businesses, but employ unlicensed persons to provide massage and uncer- Chapter 9.04 MASSAGE AND REFLEXOLOGY SERVICES Kent City Code tified persons to provide reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or certification. In addition, these businesses that employ unlicensed or uncertified persons to provide massage and reflexology can be used to facilitate the commission of various crimi- nal acts, including but not limited to prostitution. These businesses that permit unlicensed or uncerti- fied persons to perform massage and reflexology or permit the commission of unlawful acts threaten the business and reputation of legitimate and licensed businesses and practitioners, and present a threat to the public health, safety, and welfare. This chapter is intended to inhibit the ability of an indi- vidual or businesses to engage in the practice of providing unlicensed massage and reflexology, and support the legitimate provision of these ser- vices by licensed massage practitioners and reflex- ologists. (Ord. No. 4156, $ 1,6-16-15) 9.04.020 Definitions. For purposes of this chapter, the terms and phrases below shall have the meanings that follow: A. Advertise includes, but is not limited to, signs located at a massage business or reflexology business; signs located in places other than at a massage business or reflexology business; adver- tisements on vehicles; advertisements in paper media such as newspapers, magazines, fliers, cards, or business cards; or advertisements in elec- tronic media such as Internet websites, social media, electronic classified advertisements, cell phone applications, and television or radio adver- tisements. B. Breast massage shall have the same meaning as set forlh in WAC 246-830-005(7). C. Certified reflexologist, mossqge business, mossage, massage practitioner, mqssage therapist, massage therapy, reflexologt, and reflexologt business shall have the meanings set forth in RCW 18.108.010. D. Conspicuously display shall mean the dis- play of licenses and certificates in a manner that can be viewed and read by a person immediately upon entry into the initial common area of a mas- sage business or reflexology business without hav- ing to request to see the license or certification. Purpose. Definitions. References to Revised Code of Washington and Washington Administrative Code. Owner, director, manager - Proof. Exemptions - Limitations - Name or structure of br"rsiness. Inspections. Massage practitioner or reflexologist - License or certificate required - Violation. Massage practitioner or reflexologist - Owner, director, manager, or other person in charge to ensure valid license or certificate - Violation. Display of massage practitioner or refl exologist license or certifi cate required - Violation. Receipt of massage or reflexology services from unlicensed massage practitioner or reflexologist - Unlawful. Minors practicing massage or refl exology - Responsibi I ity of owner, director, manager, or other person in charge - Receipt of massage or reflexology services from minor unlawful. Advertising. Practice requirements and limitations - Responsibility of owner, director, manager, or other person in charge. Violations - Penalty. (Revised 3/20)9-24.4 Kent City Code E. Gross misdenteanor and misdemeanor shall have the same meaning as set forth in RCW 9A.20.021. F. License, certificate and certification mean a license, certificate or certification issued pursuant to Chapter 18.108 RCW. G. Reflexologisl means a person who practices reflexology. H. Represent himself or herself as o massage practitioner shall have the same meaning as set forth in RCw 18.108.030(lXb). L Represent himself or herself as a reflexologist shall have the same meaning as set forth in RCW 18.108.030(2Xb). J. Violcltion shall mean a conviction after trial, a plea of gLrilty or a finding of guilt after an Alford plea, Newton plea, or plea of no contest or nolo contendere, or the entry of a deferred sentence, deferred prosecution, or stipulated order ofcontin- uance. (Ord. No.4156, $ 1,6-16-15; Ord. No.4353, $ l, 1-21-20) 9.04.030 References to Revised Code of Washington and Washington Administrative Code. References in this chapter to chapters or specific sections or subsections of the Revised Code of Washington, or to chapters or specific sections or subsections of the Washington Administrative Code, shall include the chapter and sections or sub- sections as currently enacted and as amended or recodified in the future. (Ord. No.4156, $ 1,6-16-15; Ord. No. 4353,52, t-21-20) 9.04.040 Owner, director, manager - Proof. A. For purposes of this chapter, whether a per- son is an owner, director, manager, or other person in charge of a massage business or reflexology business may be established from evidence such as, but not limited to: 1. The person holds himself or herself out as an owner, director, manager, or some other like title evidencing control over business decisions; 2. The person is responsible for the general business decisions of the business; 3. The person is considered by those who pro- vide massage or reflexology services as an owner, director, manager, or other person in charge; 9.04.040 4. The person is in control or partial control of when, how, or how much those who provide massage or reflexology services work or are paid, or whether those who provide massage or reflexol- ogy services are employees or contractors retained to provide services on behalfofthe business; 5. The person is listed as a registered agent of the business; 6. The person is listed as a "governing per- son" by the Washington State Business Licensing Service; 7. The person is an applicant or is listed as an owner on a city or state business license or license application; 8. The person receives income from the busi- ness that is dependent on revenue generated by another person providing massage or reflexology services on behalfofor at the business; 9. The person has signed a lease or rental agreernent for property at which the business is operated or is responsible for lease or rent pay- ments; I 0. The person has signed for a loan on behalf of the massage or reflexology business; I l. The person is financially responsible for the massage business or reflexology business utili- ties or services such as watero electricity, garbage, sewer, telephone, Internet, cable television, sectt- rity, cleaning, maintenance, or accounting; 12. The person pays taxes on behalf of the business; or 13. The person is responsible for ensuring the business is properly supplied with resources neces- sary to carry out the work of the business or main- tain the business. B. The presence of any of the circumstances described in subsection (A) of this section shall be sufficient to establish that a person is the owner, director, manager, or other person in charge of a massage business or reflexology business. The cir- cumstances described in subsection (A) of this sec- tion are not exclusive and other evidence may demonstrate a person is an owner, director, man- ager, or other person in charge ofa massage busi- ness or reflexology business. (Ord. No.4156, $ 1,6-16-15) 9-24.4a (Revised 3/20) 9.04.050 9.04.050 Exemptions - Limitations - Name or structure of business. A. This chapter shall not apply to the following: l. Activities set forth in RCW 18.108.050 when performed as provided in that statute; or 2. Massage or reflexology that is not pro- vided in exchange for a fee, property, or other con- sideration. B. The exemptions set forth in subsection (A) of this section shall not apply to any person who practices or represents himself or herself as a mas- sage practitioner or who practices reflexology or represents himself or herself as a reflexologist and who advertises for the massage or reflexology ser- vices, to any business that advertises for massage or reflexology services, or to any person who pro- vides massage or reflexology services at a business that advertises for such services. C. The exemptions set forth in subsection (A) of this section shall not apply to any person who obtains massage or reflexology services from a person who advertises for the massage or reflexol- ogy services, frorn a business that advertises for massage or reflexology services, or from any per- son who provides massage or reflexology services at a business that advertises for such services. D. The fact that a person or business that pro- vides massage or reflexology services describes or advertises such services by a name other than mas- sage or reflexology shall not exempt that person or business from this chapter. E. In the event the services provided fall within the definition of massage or reflexology, the man- ner in which a business is incorporated or struc- tured shall be of no consequence in determining if a business provides massage or reflexology ser- vices. F. A club or cooperative arrangement in which a person pays a fee to become a member of the club or cooperative, and as a result of such membership, he or she obtains massage or reflexology services, shall be considered a massage business or reflexol- ogy business. (Ord. No.4156, $ l,6-16-15) 9.04.060 Inspections. A. Law enforcement personnel shall have the authority to inspect the premises of any massage business or reflexology business in order to ensure: Kent City Code 1. Compliance with the requirement that licenses and certifications are conspicttously dis- played and valid; 2. That those providing massage or reflexol- ogy services are validly licensed and ofproper age; and 3. Compliance with the advertising require- ments of KCC9.04.120. B. Inspections shall be limited to times when the massage or reflexology br,rsiness is open. C. Inspections shall be limited to the common areas of the massage or reflexology business. This section shall not authorize entry or inspection of rooms in which massage or reflexology is provided and which are separated from the common area of the massage business or reflexology business absent consent, a warrant, or other lawful basis. D. This section shall not be interpreted as limit- ing the use by law enforcement of any lawful investigatory techniques. (Ord. No.4156, $ l,6-16-15) (Revised 3/20)9-24.4b Kent City Code 9.04.070 Massage practitioner or reflexologist - License or certificate required - Violation. A. It shall be unlawful for any person to prac- tice massage or represent himself or herself as a massage practitioner in the city of Kent without a valid and current massage practitioner's license. B. It shall be unlawful for any person to prac- tice reflexology or represent himself or herself as a reflexologist in the city of Kent without a valid and current massage practitioner's license or certificate in reflexology. C. An unissued license or certificate, or an expired, revoked, or suspended license or certifi- cate, shall not be considered a valid license or cer- tificate. (Ord. No. 4156, S 1, 6-16-15) 9.04.080 Massage practitioner or reflexologist - Owner, director, manager, or other person in charge to ensure valid license or certificate - Violation. A. It shall be the responsibility of any owner, director, manager, or other person in charge of a massage business or reflexology business in the city of Kent to ensure that each person who prac- tices massage, or represents himself or herself as a massage practitioner, is validly and currently licensed, and to ensure that each person who prac- tices reflexology or represents himself or herself as a reflexologist is validly and currently licensed as a massage practitioner or certified as a reflexolo- gist. B. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit a person who does not have a valid and current mas- sage practitioner's license to practice massage or represent himself or herself as a massage practi- tioner. C. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit a person who does not have a valid and current mas- sage practitioner's license or who is not a certified reflexologist to practice reflexology or represent himself or herself as a reflexologist. 9.04.090 D. A person with an unissued license or certifi- cate, or whose license or certificate is expired, revoked, or suspended, shall not be considered val- idly licensed or certified. E. For the purposes of this section, the failure of the owner, director, manager, or other person in charge of a massage business or reflexology busi- ness to confirm the validity of a massage license or reflexology certificate through the Washington Department of Health shall constitute criminal negligence. (Ord. No.4156, S 1, 6-16-15) 9.04.090 Display of massage practitioner or reflexologist license or certificate required - Violation. A. At any massage business or reflexology business, a copy of the valid and current license of each person who practices massage or represents himself or herself as a massage practitioner at or on behalf ofthe massage business or reflexology busi- ness, and the valid and current massage practi- tioner's license or reflexology certificate of each person who practices reflexology or represents himself or herself as a reflexologist at or on behalf of the massage business or reflexology business, shall be conspicuously displayed and shall be made available to persons receiving massage or reflexol- ogy services or to law enforcement for inspection upon request. B. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to fail to conspic- uously display the valid and current massage prac- titioner's license of each person who practices massage or represents himself or herself as a mas- sage practitioner at or on behalf of the massage business or reflexology business. C. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to fail to conspic- uously display the valid and current massage prac- titioner's license or certificate to practice reflexology of each person who practices reflexol- ogy or represents himself or herself as a reflexolo- gist at or on behalf of the massage business or reflexology business. D. Each person who practices massage or rep- resents himself or herself as a massage practitioner, and each person who practices reflexology or rep- 9-24.5 (Revised 7/1 5) 9.04.100 resents himself or herself as a reflexologist, shall have his or her valid and current license or certifi- cate at each location in which he or she practices massage or represents himself or herself as a mas- sage practitioner, and at each location in which he or she practices reflexology or represents himself or herself as a reflexologist, and the valid and cur- rent license or certificate shall be provided to the person receiving the massage or reflexology ser- vice or to law enforcement for inspection upon request. E. It shall be unlawful for any person who prac- tices massage or represents himself or herself as a massage practitioner to fail to have his or her valid and current massage practitioner's license at each location in which massage services are provided, or display his or her valid and current license to the person receiving the massage service or to law enforcement for inspection when requested. F. It shall be unlawful for each person who practices reflexology or represents himself or her- self as a reflexologist to fail to have his or her valid and current massage practitioner's license or reflexology certificate at each location in which reflexology services are provided, or display his or her valid and current license or certificate to the person receiving the reflexology service or to law enforcement for inspection when requested. G. It shall be unlawful for any person to present or conspicuously display an expired, altered, fake, or fraudulently obtained license, certificate, or cer- tification. It shall be unlawful for an owner, direc- tor, manager, or other person in charge of a massage business or reflexology business to facili- tate or permit another to present or conspicuously display an expired, altered, fake, or fraudulently obtained license, certificate, or certification. (Ord. No. 4156, S 1, 6-16-15) 9.04.100 Receipt of massage or reflexology services from unlicensed massage practitioner or reflexologist - Unlawful. A. It shall be unlawful for any person to receive massage services from another whom the recipient knows, or reasonably should know, is not validly or currently licensed to provide massage services. It shall be unlawful for any person to receive reflexology services from another whom the recip- Kent City Code ient knows, or reasonably should know, is not val- idly or currently licensed as a massage practitioner or certified to provide reflexology services. B. It shall be an affirmative defense to a viola- tion of this section that the person receiving the massage or reflexology services inquired of the license or certification status of the person provid- ing the services and was provided a document pur- porting to be a valid and cunent license of the massage practitioner or valid and current certifi- cate of the reflexologist. (Ord. No. 4156, S 1, 6-16-15) 9.04.110 Minors practicing massage or reflexolory - Responsibility of owner, director, manager, or other person in charge - Receipt of massage or reflexolory services from minor unlawful. A. It shall be the responsibility of the owner, director, manager, or other person in charge of a massage business or reflexology business to verify that each person who provides massage or reflexol- ogy services has attained the age of eighteen (18). It shall be unlawful for any owner, director, man- ager, or other person in charge of a massage busi- ness or reflexology business to permit or facilitate the provision of massage or reflexology services by a person who has not reached the age of eighteen (18). B. It shall be unlawful for any person to receive massage or reflexology services from another whom the recipient knows, or reasonably should know, has not reached the age of eighteen (18). It shall be an affirmative defense to a violation of this section that the person receiving the massage or reflexology services inquired of the age of the per- son providing the services and was provided a doc- ument purporting to be a valid and current license of the massage practitioner or valid and current certificate of the reflexologist. (Ord. No. 4156, S 1, 6-16-15) 9.04.f 20 Advertising. It shall be unlawful to advertise the practice of massage or practice ofreflexology except in accor- dance wirh RCW 18.108.040. (Ord. No.4156, S l,6-16-15) (Revised 7/1 5)9-24.6 Kent City Code 9.04.125 Practice requirementsand Iimitations - Responsibility of owner, director, managerr or other person in charge. A. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to touch the body parts identified in WAC 246- 830-ss0(1 ). B. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology, or represents himself or herself as a reflexologist to perform breast massage except in accordance with wAC 246-830-555. C. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents hirnself or herself as a reflexologist, to fail to comply with the coverage and draping requirements of WAC 246-830-560. D. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the equipment, sanitation, and hygiene requirements of WAC 246-830-500 and 246-830-5 I 0. E. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the recordkeeping require- ments of WAC246-830-565 and 246-830-570. F. lt shall be unlawfirl for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit another person to violate any provision ofthis sec- tion. (Ord. No. 4353 $ 3,l-21-20) 9.04.130 Violations - PenaltY. A. The first violation of any provision of this chapter shall constitute a misdemeanor. B. Each subsequent violation of this chapter, whether alleged in the same prosecution as the first violation or in subsequent proseclltions, shall con- stitute a gross misdemeanor. 9.04.130 C. Upon a determination that a violation of this chapter has occurred, the court shall order the for- feiture of all Kent-issued massage or reflexology business licenses held by the violator. As a condi- tion of any sentence, suspension of sentence, or deferral ofsentence for a violation ofthis chapter, the court shall prohibit the violator from applying for, attempting to obtain, or obtaining a license from the city of Kent to engage in any activity set forth in KCC 9.04.020(C), or working at, being present at, or having an interest in any business at which the activities set forth in KCC 9.04.020(C) occur. (Ord. No. 4156, $ 1,6-16-15; Ord. No. 4353, $ 4, t-2t-20) 9-24.7 (Revised 3/20) 9.05.0 I 0 Chapter 9.05 SEIZURE, FORFEITURE, AND DISPOSAL OF UNCLAIMED PROPERTY, FIREARMS, AND PROPERTY ASSOCIATED WITH CONTROLLED SUBSTANCES* Kent City Code Sections: 9.05.010 9.05.020 9.05.030 Disposal of unclaimed property Forfeiture of firearms. Drug seizure and forfeiture. *Editor's note - Ord. No. 3405, $ l, adopted July I, 1998. repealed Ch. 9.05, $$ 9.05.010 - 9.05.050, which pertained to disposal of forfeited firearms. Section 3 of said ordinance added provisions designated as a new Ch. 9.05 to read as herein set out. 9.05.010 Disposal of unclaimed property. The following sections of Chapter 63.32 RCW are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 63.32.010 Methods of disposition - Notice - Sale, retention, destruction, or trade. B. RCW 63.32.020 Notice of sale. C. RCW 63.32.030 Disposition of proceeds. D. RCW 63.32.040 Reimbursement to owner. E. RCW 63.32.050 Donationof unclaimed bicycles and toys to char- ity. (Ord. No.3405, $ 1,7-7-98) 9.05.020 Forfeiture of firearms. RCW 9.41.098 entitled "Forfleiture of firearms - Disposition - Confiscation" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. No.3405, $ 1,7-7-98) 9.05.030 Drug seizure and forfeiture. RCW 69.50.505 entitled "seizure and forfei- ture" is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as ifset forth herein in full. (Ord. No.3405, $ 1,7-7-98) (Revised 3/20)9-24.8 Kent City Code Chapter 9.08 AUDIBLE INTRUSION ALARMS Sections: 9.08.04 Outside audible intrusion alarm systems prohibited. 9.08.08 Duration of alarm limited. 9.08.12 Exceptions. 9.08.20 Automatic telephone dialing systems prohibited. 9.08.24 False alarm charge. 9.08.32 Notification of police department. 9.08.36 Penalties. 9.08.04 Outside audible intrusion alarm systems prohibited. There shall no longer be allowed any outside audible intrusion alarm systems within the city in conjunction with commercial, business or indus- trial facilities or buildings. (Ord. No. 1860, $ l. Formerly Code 1986, $ e.08.04) 9.08.08 Duration of alarm limited. Any residence building within the city or any motor vehicle operating within the city that has an outside audible intrusion alarm system connected thereto shall be equipped with a device that shall limit the duration of any such alarm for a period not to exceed five (5) minutes and such system shall preclude any recycling of the alarm system. (Ord. No. 1860, $ 2. Formerly Code 1986, $ e.08.08) 9.08.12 Exceptions. Nothing contained in this chapter is intended to prohibit or limit the use of outside audible fire alarm systems activated by heat, smoke or fire or by the flowing of water. (Ord. No. 1860, $ 3. Formerly Code 1986, $ e.08. l2) 9.08.20 Automatictelephonedialing systems prohibited. It shall be a violation of the terms of this chapter to connect any automatic telephone dialing sys- tems to the police department alarm system. (Ord. No. 1860, $ 5. Formerly Code 1986, $ e.08.20) 9.08.36 9.08.24 False alarm charge. The police department is granted the discretion to order a maximum charge of ten dollars ($10) for each false alarm received or responded to by the police department. (Ord. No. 1860, $ 6. Formerly Code 1986, $ e.08.24) 9.08.32 Notification of police department. It shall be the obligation of anyone connecting an outside audible intrusion alarm to any residence building located within the city to immediately upon the placement of such alarm system, give written notification thereof to the police depart- ment. (Ord. No. 1860, $ 8. Formerly Code 1986, $ e.08.32) 9.08.36 Penalties. A violation ofthe provisions ofthis chapter shall result in a fine of up to one hundred dollars ($ 100) for each separate violation. (Ord. No. 1860, $ 9. Formerly Code 1986, $ e.08.36) 9-25 9.09.010 Chapter 9.09 CURFEW AND PARENTAL RESPONSIBILITY FOR JUVENILES Sections: 9.09.010 9.09.020 9.09.030 9.09.040 9.09.050 9.09.060 9.09.070 9.09.080 Purpose. Definitions. Juvenile curfew. Parental responsibil ity. Exemptions. E,nforcement. Violations and penalties. Severability. 9.09.010 Purpose. The purpose of this chapter is to: A. Protect .iuveniles and other citizens, resi- dents and visitors of the city from the dangers of crimes which occur on sidewalks, streets, and pub- lic places during the late night and early morning hours; B. Decrease the amount of criminal activity engaged in by juveniles; C. Promote and enhance parental control over juveniles; D. Adopt and implement policies relating to juveniles that would minimize impacts on juve- niles engaging in and traveling to or from a lawful activity or event; and E. Preserve the public safety and to reduce acts of violence by or against juveniles that are occur- ring in Kent at rates beyond the capacity of the police to assure public safety without the aid of a juvenile curfew. (Ord. No. 3355, $ 2,7-15-97) 9.09.020 Definitions. In this chapter: Aid and abet means that a parent or guardian, with knowledge that it will promote or facilitate the commission of a curfew violation, either: 1. Solicits, commands, encourages, helps, assists, or requests a juvenile to commit the viola- tion; or 2. Aids or agrees to aid a juvenile or another person in planning or committing the violation. The word o'aid" means all assistance whether given by words, acts, encouragement, support, presence Kent City Code or neglect of parental or custodial responsibilities for ajuvenile required by any existing or hereafter enacted statute ofthis state. Curfew hours mean 12:01 a.m. until 6:00 a.m. daily. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any store, shop, restaurant, bowling alley, cafe, theater, drug store, golf course, pool room, shopping center, video arcade, and any other place open to the general pr-rblic and devoted to business, amusement, or entertainment of the general public or other lawful purpose. Guardian means: 1. A person who, under court order, is the guardian ofthe person ofajuvenile; or 2. A public or private agency with whom a juvenile has been placed by a coutt; or 3. A person who is at least eighteen ( I 8) years of age and authorized by a parent or guardian to have the care and custody of ajuvenile. Juvenile means any person under eighteen ( 18) years ofage. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Parent means a person who is a natural parent, adoptive parent, stepparent, or foster parent of a juvenile. Public place means any street, alley, highway, parking lot, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. Public place shall include, but not be limited to any public facility or any establishment such as a store, shop, restaurant, tavern, bowling alley, cafe, theater, drug store, golf course, pool room, shopping center, and any other place open to the general public and devoted to business, 9-26 Kent City Code amusement or entertainment of the general public or other lawful purpose, whether publicly or privately owned or operated. It shall also include the front or immediate area of the above, including, but not limited to, roads, sidewalks, alleyways, parking lots, parks or other similar ares open to the general public. Remain means to: L Linger or stay; or 2. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises of any establishment or other public place. Seriotts bodily iniury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Ord. No. 3355, $ 2,7-15-97) 9.09.030 Juvenilecurfew. Except as set forth in KCC 9.09.050, it shall be a civil infraction for any juvenile to remain in any public place within the city during curfew hours. (Ord. No. 3355, $ 2,7-15-97) 9.09.040 Parentalresponsibility. Except as set forth in KCC 9.09.050, it shall be a civil infraction for any parent or guardian having custody or control of any juvenile to knowingly aid or abet the juvenile to commit a curfew violation' (Ord. No. 3355, $ 2,7-15-97) 9.09.050 Exemptions. A. It shall not be a violation of KCC 9.07.030 and/or KCC 9.09.040 that the juvenile was: l. Accompanied by the juvenile's parent or guardian; 2. On an errand at the direction of the juve- nile's parent or guardian, without any detour or stop; 3. In a motor vehicle involved in interstate travel; 4. Engaged in an employment activity, or, going to or returning home from an employment activity, without any detour or stop; 5. Involved in an emergencY; 6. On the sidewalk abutting the juvenile's residence or abLrtting the residence of a next-door 9.09.060 neighbor if the neighbor did not complain to the police department about the juvenile's presence; 7. Attending an official school, religious, rec- reational, or other activity supervised by adults or sponsored by the city, a civic organization, or another similar entity that takes responsibility for the juvenile, or going to or returning home from such activity, without any detour or stop; 8. Lawfully present within or upon an estab- lishment or going to or returning home from such establishment without any detour or stop; 9. Going to or returning from the residence of another without any detour or stop. 10. Exercising First Amendment rights pro- tected by the United States Constitution, such as the free exercise or religion, freedom of speech, and the right of assembly; or 11. Married and thus has achieved the age of rnajority pursuant to RCW 26.28.020, or has become emancipated in accordance with Chapter 13.64 RCW. B. It shall not be a violation of KCC 9'09.040 when any parent or guardian, unable to control the whereabouts and activities of a juvenile in their care, custody, or control, has contacted the city or police department and reported such juvenile as possibly appearing in locations and at times that would violate this chapter. (Ord. No. 3355, $ 2,7-15-91) 9.09.060 Enforcement. A. Prior to the issuance of a verbal or written warning or a notice of civil infraction, a police officer shall ask the apparent offender's name, age, address, and the reason for being in the public place. The officer shall not issue a warning or cita- tion or take further action under this section unless the officer reasonably believes a violation has occurred and that based on any response and other circumstances, no exemption exists under KCC 9.07.050. B. Pursuantto RCW 13.32A.050(l)(b), apolice officer, who reasonably believes that a juvenile is in violation of KCC 9.09.030, shall have the authority to take the juvenile into custody. Pursrt- ant to RCW 13.32A.060, an officer taking a juve- nile into custody shall inform the juvenile of the reason for such custody and shall either: l. Transport the juvenile to his or her home or to a parent or guardian at his or her place of 9-27 9.09.070 employment, if no parent or guardian is at home. The parent or guardian may request that the officer take the.iuvenile to the home of an adult extended family member, responsible adult, crisis residential center, the Department of Social and Health Ser- vices, or a licensed youth shelter. In responding to the request of the parent or guardian, the officer shall take the juvenile to a requested place which, in the officer's belief, is within a reasonable dis- tance of the parent or guardian's home. The officer releasing a juvenile into the custody of a parent, guardian, an adult extended family member, responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason for taking the child into custody and inform all par- ties of the nature and location of appropriate ser- vices available in the community; or 2. After attempting to notify the parent or guardian, take the juvenile to a designated crisis residential center's secure facility, or a center's semi-secure facility if a secure facility is full, not available, or not located within a reasonable dis- tance: a. Ifajuvenile expresses fear or distress at the prospect of being returned to his or her home which leads the officer to believe there is a possi- bility that the child is experiencing some type of child abuse or negligence, as defined in RCW 26.44.020; b. Ifit is not practical to transport thejuve- nile to his or her home or place of the parent or guardian's employment; or c. If there is no parent or guardian available to accept custody ofthe child; or 3. After attempting to notify the parent or guardian, if a crisis residential center is full, not available, or not located within a reasonable dis- tance, the officer may request the Department of Social and Health Services to accept custody of the jLrvenile. If the Department determines that an appropriate placement is currently available, the Department shall accept custody and place the juvenile in an out-of-home placement. If the Department declines to accept cttstody of the juve- nile, the officer may release the juvenile after attempting to take the juvenile to the following, in the order listed: a. The home of an adult extended family member; b. A responsible adult; Kent City Code c. A licensed youth shelter. The officer shall immediately notify the Depart- ment of Social and Health Services if no placement option is available and the child is released. C. An officer's responsibilities under subsec- tion (B) of this section, after taking a juvenile into custody for a curfew violation, shall be changed, expanded or limited without further amendment to be consistent with the provisions of RCW 13.324.050 and 13.324.060 as now or hereafter amended. (Ord. No.3355, $ 2,7-15-9'/) 9.09.070 Violations and penalties. A. It shall be a civil infraction to commit a vio- lation of KCC 9.09.030 or 9.09.040. The Kent Municipal Court shall have jurisdiction over all civil infractions issued under this chapter. Civil infractions shall be issued and processed in accor- dance with Chapter 7.80 RCW as currently enacted or as hereinafter amended, which is incorporated herein by reference. B. A person found to have committed a civil infraction shall be assessed a monetary penalty as follows: 1. The first violation shall be subject to a ver- bal or written warning. 2. The second violation within a one (l) year period shall be subject to a civil penalty ofone hun- dred dollars ($ IOO;. 3. The third or subsequent violation within a one (l) year period shall be subject to a civil pen- alty of two hundred fifty dollars ($250). (Ord. No. 3355, $ 2,7-15-97) 9.09.080 Severability. If any one (l) or more sections, subsections, or sentences ofthis chapter are held to be unconstitu- tional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. No. 3355, $ 2,7-15-97) 9-28 Kent City Code Chapter 9.12 NARCOTICS AND BARBITURATES* Sections: 9.12.04 Unlawfulto use or be under influence of narcotics - ExcePtion. 9.12.08 Unlawful to possess narcotics without proper license or prescriPtion. 9.12.12 Unlawful to sell or give away narcotics without PrescriPtion. 9.12.16 Prescribingnarcotics. 9.12.20 Sale, possession or use of dangerous drugs. 9.12.22 Reseryed. 9.12.24 Unlawful to possess without prescription. 9.12.28 Unlawfulto possess unless specifically prescribed for person in possession. 9.12.32 Unlawful to administer except as prescribed. 9.12.36 Unlawfulto be under influence in public place. 9.12.40 Prosecution for violation 9.12.44 Reserved. 9.12.48 Possession as prima facie evidence of violation. 9.12.52 Unlawful to aid or abet furnishing certain drugs to Persons injail or custody of police. 9.12.56 Places of resort for users of narcotics and/or dangerous drugs declared nuisance. 9.12.60 Abatement of places of resort. 9.12.64 Unlawful to frequent or be in place where narcotics and/or dangerous drugs are unlawfully kePt, used or disposed of. 9.12.68 Penalty for violations. 9.12.70 Drug-freezones. 9.12.75 Drug-trafficloitering. *State law reference(s) - Uniform controlled substances act, RCW 69.50.101 et seq.; drugs requiring prescriptions, RCW 69.41.0 l0 et seq. 9.12.12 9.12.04 Unlawful to use or be under influence of narcotics - Exception. It shall be unlawful, except when lawfully administered in good faith by a physician or other person authorized by law to do so, for any person to use or be under the influence of opium, mor- phine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone or any other substance neither chemically nor physically distin- guishable from any one (l) ofthem or any opiate or narcotic or derivative thereof. An individual is oounder the influence" of narcotics for the purpose of this section when any of his normal faculties are substantially affected or impaired as a result of the use ofsuch opiate or narcotic or derivative thereof' (Ord. No. 1787, $ l; Ord. No. 2933, $ l(9.12.04), 7-19-90. Formerly Code 1986, $ 9.12.04) 9.12.08 Unlawful to possess narcotics without proper license or prescription. It shall be unlawful for any person not being reg- istered or licensed as is required by the federal act of December 17,1914, commonly known as the Harrison Act, Section 3221, Title 26, Ch' 27, United States Code Annotated, and the Controlled Substance Act of October 27, 1980:, Public Law 9l-5 13, to possess any opium, morphine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmi- done, keto-bemidone or any other substance nei- ther chemically nor physically distinguishable from any one ( 1) of them, or any opiate or narcotics or derivative thereof unless purchased by the pos- sessor thereof upon prescription of a physician or other person licensed by law to dispense such nar- cotic or narcotic drug. (Ord. No. 1787, $ 2;Ord. No.2933, $ l(9.12'08), 7-19-90. Formerly Code 1986, $ 9.12.08) 9.12.12 Unlawful to sell or give away narcotics without PrescriPtion. A. It shall be unlawful for any apothecary, pharmacist, druggist or other person to sell, give away, exchange, barter or otherwise dispose of any of the following to any person except a physician, surgeon or dentist, for use in his profession or call- ing, or upon the written prescription of a physician, surgeon or other person licensed to issue such pre- scription: 1. Opium; 9-29 9.12.16 2. Morphine; 3. Cocaine; 4. Hydrate of chloral; 5. Isonipecaine; 6. Amidone; 7. Isosmidone; 8. Keto-bemidone; 9. Any other substance which is neither chemically nor physically distinguishable from subsections (AXl) through (AX8) above; 10. Any narcotic, the principal ingredient of which is opium; 1 1. Any narcotic substance or preparation derived in any part from and containing as its prin- cipal ingredient any of the following: a. Opium; b. Morphine; c. Cocaine; d. Hydrate of chloral; e. Isonipecaine; f. Amidone; g. Isosrnidone; h. Keto-bemidone; or i. Any other substance neither chemically nor physically distinguishable from subsections (AXl lXa) through (AXl lxh) above or any nar- cotic. B. The apothecary, pharmacist, druggist or other person shall keep in a suitable and well- bound book, kept and used for that purpose only, a true and consecutive memorandurn record of every such sale, gift, exchange, barter or disposition, showing the time when, the place where, the name of the proprietor or other person by whom, and the name of the person to whom, the sale, gift, exchange, bafter or disposition was made, and the quantity and kind of narcotic, and the name of the physician or surgeon upon whose prescription the sale, gift, exchange, barter or disposition was made, if made upon a prescription, and the number of the prescription. The apothecary, pharmacist, druggist or other person shall place and keep on file all such prescriptions consecutively numbered. Such book and prescriptions shall be a public record and shatl be open at all reasonable times to the inspection of the mayor, the director of health and any accredited officer of the Deparlment of Health and Sanitation, the chief of police or any police officer, the city attorney, and any persons specially authorized by the mayor' It shall be Kent City Code unlawful for any such apothecary, pharmacist, druggist or other person to fail or refuse to exhibit such book and prescriptions to any of the above named officers upon demand. (Ord. No. 1787, $ 3; Ord. No. 2933, $ l(9.12.12)' 7-19-90. Formerly Code 1986, 59.12.12) 9.12.16 Prescribing narcotics. It shall be unlawful to prescribe opium, mor- phine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bernidone, or any other substance neither chemically nor physically distin- guishable from any one (1) of them, or any opiate or narcotic drug or derivative thereof, in such a manner as to leave the quantity of the dose or the frequency of the taking of any dose to the discre- tion of the person to whom such prescription is issued. It shall be unlawful for any person dispens- ing any such narcotic or narcotic drug to furnish the same upon any such prescriPtion. (Ord. No. 1787, $ 4; Ord. No. 2933, $ l(9'12.16), 7-19-90. Formerly Code 1986, $ 9.12.16) 9,12.20 Sale, possession or use of dangerous drugs. A. It is unlawful to sell, offer to sell, purchase, offer to purchase, give away, barter, exchange, dis- tribute, possess or Llse any dangerous drug except as now or hereafter authorized or permitted by the laws of the state or except upon the written or oral order or prescription ofa physician, surgeon, den- tist, or veterinary surgeon, licensed to practice in the state, which order or prescription shall not be refilled without the written or oral order of the pre- scriber. B. The term "dangerous drug" for the purpose of this chapter shall rnean and include marijuana (cannabis sativa) and any controlled substance classified in SchedLrle I, II, III or IV of Chapter 69.50 RCW, as it now exists or shall hereafter be added to, deleted from, modified or amended. (Ord. No. 1787, $ 5; Ord. No. 2933, $ l(9.12'20)' 7-19-90. Formerly Code 1986, $ 9.12.20) 9.12.22 Reserved. Editor's note - Oldinance No. 3350. $ 4, adopted May 21, 1997, repeated i 9.12.22 in its entirety. Formerly' such section pertained to possession of mari.iuana and derived fiom Ord. No. 2971, $ l. 3-20-91;Ord. No. 3103, $ l, 4-20-93. 9-30 Kent City Code 9.12.24 Unlawful to possess without prescription. It is unlawful to possess any drug mentioned in KCC 9.12.08 and 9.12.20 purchased or acquired pursuant to an order or prescription except in the container in which purchased or acquired. (Ord. No. 1787, $ 6; Ord. No. 2933, S 1(9.12.24), 7-19-90. Formerly Code 1986, g 9.12.24) 9.12,28 Unlawful to possess unless specifically prescribed for person in possession. It is unlawful to possess any drug mentioned in KCC 9.12.08 and 9.12.20 unless the possessor of the drug is licensed to have the drug in his posses- sion, or be the party for whom the drug in question has been specifically prescribed by a physician or other person licensed by law to dispense the drug or be the duly authorized representative of the party for whom the drug has been prescribed. (Ord. No. 1787, $ 7; Ord. No. 2933, $ 1(9.12.28), l-19-90. Formerly Code 1986, $ 9.12.28) 9.12,32 Unlawful to administer except as prescribed. It is unlawful to use or administer any drug men- tioned in KCC 9.12.08 and 9.12.20 hereof except in the amount, for the purposes, and as prescribed by the order of prescription pursuant to which the drug was acquired. (Ord. No. 1787, $ 8; Ord. No. 2933, $ 1(9.12.32), 7 -19-90. Formerly Code 1986, $ 9.12.32) 9.12,36 Unlawful to be under influence in public place. It is unlawful to be under the influence of any drug within the purview of this chapter in any pri- vate premises or house to the annoyance of any individual or in a public place, in a vehicle in or on a public place or in a place open to the public view or to which the public has access. An individual is "under the influence" of a drug for the purpose of this section when any of his normal faculties are substantially affected or impaired as a result of the use ofsuch drug. (Ord. No. 1787, $ 9; Ord. No. 2933, $ l(9.12.36), 7-19-90. Formerly Code 1986, $ 9.12.36) 9.t2.52 9.12,40 Prosecutionforviolation. In any prosecution for violation of this chapter it shall not be necessary to negate any exception, pro- viso or exemption contained in such chapter and the burden of proof of such exception, proviso or exemption shall be upon the defendant. (Ord. No. 1787, $ 10;Ord. No.2933, $ l(9.12.40), 7-19-90. Formerly Code 1986, $ 9.12.40) 9.12.44 Reserved. E<litor's note - Oldinance No. 3350, $ 5, adopted May 21, I 997, repealed $ 9. I 2.44 in its entirety. Formerly, such section pertained to unlawlul possession of injection devices and derived fiom $ 9.12.44 ol the 1986 Code; Ord. No. 2933' ti r(e. r2.44). 7 -te-90. 9.12,48 Possession as prima facie evidence of violation. In any prosecution under this chapter it shall be competent to prove that any person has in his pos- session any of the narcotics or narcotic drugs named herein, or their derivatives, and/or any drug mentioned in KCC 9. 12.08 and 9.12.20, or posses- sion and the proof thereof shall be prima facie evi- dence that the narcotic or dangerous drug was so held in violation ofthe terms of this chapter, except under circumstances where the substance in ques- tion was prescribed by a physician or doctor or other licensed person for the party who has the drug in his possession and such substance is in the container in which it was purchased or acquired, or the party in possession is the duly authorized rep- resentative of the person for whom the substance was prescribed. (Ord. No. 1787, $ 12;Ord. No.2933, $ l(9.12.48), 7-19-90. Formerly Code 1986, $ 9.12.48) 9.12.52 Unlawful to aid or abet furnishing certain drugs to Persons in jail or custody of police. It is unlawful for any person not acting under the direction of the director of public health to furnish or aid or abet the furnishing of any opium, mor- phine, cocaine, hydrate of chloral, isonipecaine, amidone, isosmidone, keto-bemidone or any sub- stance neither chemically nor physically distin- guishable from any one ( I ) ofthem or any opiate or narcotic, or narcotic derivative thereofor any ofthe 'odangerous drugs" mentioned in KCC 9.12.20 to any person confined in the city jail or in the cus- 9-3t 9.12.56 tody of the police department, unless the substance in question is lawfully prescribed for the person by a doctor or physician and is given to such person under the direction of that person's physician or doctor. (Ord. No. 1787, $ 13; Ord. No.2933, $ l(9.12.52), 7 -19-90. Formerly Code 1 986, S 9.12.52) 9.12,56 Places of resort for users of narcotics and/or dangerous drugs declared nuisance. It shall be unlawful for any person, firrn, corpo- ration or agent, holding, leasing, renting, occllpy- ing or having charge and control of, any building, structure or premises or room or rooms therein to permit the same to be used as a place of resort for persons known to be users of narcotics, narcotic drugs or dangerous drugs mentioned in KCC 9.12.08 and9.12.20 or to permit therein the unlaw- ful sale, gift or distribution of narcotics, narcotic drugs or dangerous drugs mentioned in KCC 9.12.08 and 9.12.20 and any such place or any place which is a resoft for users of narcotics, nar- cotic drugs or dangerous drugs mentioned in KCC 9.12.08 and9.12.20 is hereby declared to be a pub- lic nuisance and may be abated as such in the man- ner provided by this chapter. (Ord. No. 1787, $ l4; Ord. No.2933, $ 1(9.12.56), 7-19-90. Formerly Code 1986, $ 9.12.56) 9.12.60 Abatement of places of resort. Any building, structure, premises or rooln or rooms therein constituting a nuisance as defined in this chapter may be abated in a civil action in the manner provided by law or the court upon final judgment of conviction for violation of this chapter of any person found therein at the time of his arrest may forthwith and as a part of the same proceeding direct the chiefofpolice to abate any such place as a nuisance. The chief of police, upon ascertaining that any such place is a nuisance as defined by this chapter, may proceed to summarily abate the same. Such abatement shall be effected by closing and securely locking the place abated and excluding all persons therefrom. It shall be unlawful for any owner, agent, lessee, tenant, person in charge or occupant, to enter, use or occtlpy any building, structure or premises or room or rooms therein abated as a nuisance under the provisions of this chapter, from and for a period ofone (1) year after Kent City Code the date of such abatement, unless he as principal shall therefor give and file with the city clerk a good and sufficient surety bond to be approved by the court making the order of abatement or in case of summary abatement to be approved by the chief of police in the penal sum of one thousand dollars ($ 1,000) payable to the city conditioned that such building, structure, premises or room or rooms therein will not thereafter be used in violation of this chapter and that he will pay all fines, costs and damages assessed against him for any violation of this chapter. ln case of the violation of any of the conditions of such bond, the whole amount may be recovered as a penalty for the use ofthe city. (Ord. No. 1787, $ l5; Ord. No.2933, $ l(9.12.60), 7-19-90. Formerly Code 1986, $ 9.12.60) 9.12.64 Unlawful to frequent or be in place where narcotics and/or dangerous drugs are unlawfullY kePt, used or disposed of. It is unlawful for anyone, not lawfully autho- rized to frequent, enter, be in, or be found in any place where narcotics, narcotic drugs, their deriva- tives, or dangerous drugs mentioned in KCC 9.12.08 and 9.12.20 are unlawfully used, kept or disposed of. (Ord. No. 1787, $ l6;Ord. No. 2933, $ l(9.12.64), 7-19-90. Formerly Code 1986, S 9.12.64) 9.12.68 Penalty for violations. A person who is convicted of a misdemeanor violation of any provision of this chapter shall be punished by imprisonment for not less than twenty- four (24) consecutive hours, and by a fine of not less than two hundred fifty dollars ($250). On a second or subsequent conviction, the fine shall not be less than five hundred dollars ($500). These fines shall be in addition to any other fine or pen- alty imposed, Unless the court finds that the impo- sition of the minimum imprisonment will pose a substantial risk to the defendant's physical or men- tal well-being or that localjail facilities are in an overcrowded condition, the minimLtm tenn of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty (40) hours of community service. If a mini- mum term of imprisonment is suspended or deferred, the court shall state in writing the reason 9-32 Kent City Code for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. (Ord. No. 1787, S 17; Ord. No. 2894, S 1, 1-16-90; Ord. No. 2933, S 1(9.12.68), 7-19-90; Ord. No. 3030, S t, 2-19-92. Formerly Code 1986, s e.12.68) 9.12.70 Drug-free zones. Pursuant to RCW 69.50.435, there are herebv established within the city drug-free zones for enhanced criminal penalties for crimes involving the manufacture, sale or delivery of controlled sub- stances committed within such zones in areas upon surrounding schools and/or bus stops. The maps describing such zones incorporated herein by refer- ence are hereby approved as the official locations and record of the locations and boundaries of the areas on or within one thousand (1,000) feet of the school sites of the Kent School District. The maps are on file with the city clerk and are maintained as an official record available for public inspection. (Ord. No. 3061, S 1, B-18-92) 9.12.75 Drug-trafficloitering. A. As used in this section: l. Conviction means an adjudication of guilt pursuant to RCW Title 10 or 13, or the equivalent provisions of any federal statute, state statute or ordinance of any political subdivision of this state, and includes a verdict of guilty, a finding of guilty and an acceptance of a plea of guilty. 2. Drug paraphernalia means drug parapher- nalia as the term is defined in the Uniform Sub- stance Act, RCW 69.50.102, excluding hypodermic syringes or needles in the possession of a confirmed diabetic or a person directed by his or her physician to use such items. 3. Illegal drug activity means unlawful con- duct contrary to any provision of Chapter 69.41, 69.50 or 69.52 RCW, or the equivalent federal stat- ute, state statute, or ordinance of any political sub- division of this state. 4. Known drug traffickermeans a person who has, within the knowledge of the arresting officer, been convicted within the last two (2) years in any court of any felony illegal drug activity. 5. Public place is an area generally visible to public view and includes, but is not limited to, 9.r2.75 streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit stations, shelters and tunnels, automobiles visible to public view (whether moving or not), and buildings, including those which serve food or drink, or provide enter- tainment, and the doorways and entrances to build- ings or dwellings and the grounds enclosing them. B. A person is guilty of drug-traffic loitering if he or she remains in a public place and intention- ally solicits, induces, entices, or procures another to engage in unlawful conduct contrary to Chapter 69.50, 69.41 or 69.52 RCW. C. The following circumstances do not by themselves constitute the crime of drug-traffic loi- tering. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she: 1. Is seen by the officer to be in possession of drug paraphernalia; or 2. Is a known drug trafficker; or 3. Repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversa- tion; or 4. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or 5. Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians. D. No person may be arrested for drug-traffic loitering unless probable cause exists to believe that he or she has remained in a public place and has intentionally solicited, induced, enticed or pro- cured another to engage in unlawful conduct con- trary to Chapter 69.50, 69.41, or 69.52 RCW. E. A person convicted of drug-traffic loitering under this section shall be punished by a fine of not more than five thousand dollars ($5,000) or term of imprisonment of not more than one (1) year, or both. (Ord. No. 3135, S 1, 10-5-93) 9-33 (Revised 6/05) 9.32.04 Chapter 9.32 CONDUCT IN ALCOHOLIC BEVERAGE PREMISES* Sections: 9.32.04 Prohibited acts. 9.32.06 Entertainment - Hours permitted 9.32.08 Violations. *Cross reference(s) - License requiled whele dancing is per- rnitted and alcoholic beverages are being served, S 5'02.070. State law reference(s) - Authority to adopt police regulations not in conflict with state law RCW 66.08.120. 9.32.04 Prohibited acts. The following acts or conduct on premises licensed under the authority ofthe state liquor con- trol board are prohibited from: 1. Employing or allowing any person to sell or serve alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areolae or ofany portion ofthe pubic hair, anus, cleft of the buttocks, vulva or genitals; 2. Employing or allowing the services of or allowing any hostess or other person including any entertainer to mingle with the patrons while such hostess or other person or entertainer is unclothed or in such attire, costume or clothing as described in subsection (A) above; 3. Employing, contracting with or allowing any person to solicit a patron for any beverage and/or accept any beverage from a patron in or upon the licensed premises and receive therefor, either directly or indirectly, any commission, remuneration or compensation; 4. Employing or contracting with any person for the purpose of having such person dance with a patron or for the purpose of having such person spend time with a patron in or upon the licensed premises and for which the person is to receive, either directly or indirectly, any commission, remuneration or comPensation; 5. Permitting any dancer-entertainer to per- form on the premises except when removed at least six (6) feet from the nearest patron and except when on a permanent stage at least eighteen (18) inches high; Kent City Code 6. Encouraging or permitting any person on the licensed premises to touch, caress or fondle the breast, buttocks, anus or genitals of any other per- son; 7. Permitting any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof; B. Permitting any person to perform acts of or acts which simulate: a. Sexual intercourse, masturbation, sod- omy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; b. The touching, caressing or fondling of the breast, buttocks, anus or genitals; c. The displaying of the pubic hair, anus, vulva or genitals; 9. Permitting entertainers or any other person whose breasts and/or buttocks are exposed to per- form anywhere on the licensed premises; 10. Permitting any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above; 11. Permitting any person to remain in or upon the licensed premises who exposes to public view any portion of his genitals or anus; 12. Permitting the showing of film, still pic- tures, electronic reproduction, or other visual reproductions depicting: a. Acts or simulated acts of sexual inter- course, masturbation, sodomy, bestiality, oral cop- ulation, flagellation or any sexual acts which are prohibited by law, b. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals, c. Scenes wherein a person displays the vulva or the anus or the genitals, d. Scenes where artificial devices or inani- mate ob.jects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above. (Ord. No. 2312, S t. Formerly Code 1986, s 9.32.04) 9.32.06 Entertainment - Hours permitted. Pursuant to RCW 66.28.080 and WAC 314-16- 055, no music, dancing or entertainment may be conducted between the hours of 2:00 a.m. and 6:00 a.m. on any premises licensed under the authority of the state liquor control board which is open to (Revised 6/05)9-34 Kent City Code the public and which operates for profit, directly or indirectly, or requires a monetary payment or con- tribution from the persons admitted. "Dancing" herein shall not include a public dance under Ch. 5.12 KCC which regulates certain public dances on premises not licensed under the authority of the state liquor control board. ooDancing" and "enter- tainment" herein shall not include adult entertain- ment under Ch. 5.10 KCC which regulates adult entertainment performed on premises not licensed under the authority of the state liquor control board. "Music" and ooentertainment" herein shall not apply to radios or mechanical musical devices such as tape decks or similar equipment. (Ord. No.3163, $ 1,5-3-94) 9.32.08 Violations. Violation of any ofthe provisions of this chapter shall be a misdemeanor and punishable by impris- onment for a term not to exceed ninety (90) days, and a fine of not more than five hundred dollars ($500) or both such fine and imprisonment. (Ord. No. 2312, $ 2. Formerly Code 1986, $ e.32.08) 9.34.010 Chapter 9.34 CORRECTIONS FACILITY Definitions. Programs - Policies and procedures. Corrections facility programs as privilege - No right to participate - Participation may be required. Costs of programs. Good time credit - Work credit day to jail day ratio. Electronic home detention. Work release. Work programs in general - Types of work performed - Limitations. Inmate responsible for portion of medical care costs. Sections: 9.34.010 9.34.020 9.34.030 9.34.040 9.34.050 9.34.060 9.34.070 9.34.080 9.34.110 9.34.010 Definitions. The following words, terms, and phrases shall have the following meanings: A. Confinement shall mean confinement within the corrections facility, or participation in a correc- tions facility program. B. Corrections facility shall mean the city of Kent corrections faci lity. C. Corrections staff shall mean employees of the corrections facility. D. Day ofwork shall mean a work day pursuant to a work program. The length of a day of work shall be determined by corrections staff. E. Intnate shall mean a defendant sentenced by the Kent municipal court or another coutt to serve a period of confinement in the corrections facility. F. The terms jail, imprisonment, or commit- mento as those terms are used in a sentencing order of the coutt, shall rnean confinement. G. Program shall mean electronic home deten- tion or monitoring, work programs, work release or other corrections facility program as authorized by statute, ordinance or corrections facility policy. A program may be nonsupervised, partially super- vised, or supervised. H. Qualifying inmate shallmean an inmate who meets the conditions of participation in a correc- tions facility program as such conditions are set 9-35 (Revised 12111) 9.34.020 forth in the corrections facility policies and proce- dures applicable to such program. (Ord. No. 3919, $ 3,6-16-09; Ord. No. 4004, $ l, 9-20-11) 9.34.020 Programs - Policies and procedures. The corrections facility shall establish policies and procedures for the implementation of the vari- ous programs set forth in this chapter. (Ord. No.3919, S 3,6-16-09; Ord. No.4004, $ l, 9-20-t1) 9.34.030 Corrections facility programs as privilege - No right to participate - Participation may be required. A. Parlicipation in programs shall be consid- ered a privilege, participation shall be subject to the discretion of the corrections staff, and the inmate shall have no right to participate in such programs. There shall be no guarantee to any inmate that he or she will be permitted to participate in any pro- gram even after a date for parlicipation is estab- lished. In the event an inmate is accepted in, or ordered to participate in, a program, and thereafter the program is not available, the inmate may be permitted to participate in another program for which he or she is eligible, subject to availability and at the sole discretion ofcorrections staff. B. Participation shall be conditioned upon the inmate meeting the qualifications of the program, and complying with applicable policies and proce- dures for the program. C. The corrections facility may, at its discre- tion, require an inmate to participate in a correc- tions facility program against his or her will. (Ord. No. 3919, $ 3,6-16-09; Ord. No. 4004, $ 1, 9-20-tt) 9.34.040 Costs of programs. The city may, pursuant to resolution or thror"tgh a budget ordinance, set various fees which may be required as a condition of participating in a pro- gram; provided, the corrections facility may waive the fees or require the inmate to participate on a work program in lieLr of payment in order to man- age the correction facility's population, or in order to make such programs available to the indigent. (Ord. No. 3919, $ 3,6-16-09; Ord. No. 4004, $ l, 9-20-11) Kent City Code 9.34.050 Good time credit - Work credit day to jail day ratio. A. Except as provided in subsection (B) of this section, an inmate may receive good time credit for good behavior in an amount not to exceed one- third ( l/3) of the confinement ordered by the courl; provided, such good time credit may be taken away from the inmate pursuant to corrections facility policies and procedures. B. Any inmate who performs work on a correc- tions facility work program shall receive credit for two (2) days of confinement ordered by the court for every three (3) days of work performed. Partial credit for periods of less than one (l) day may be given where the inability to complete the full day of work is not the fault of the inmate, and the inmate has otherwise complied with the program policies. (Ord. No.3919, $ 3,6-16-09; Ord. No.4004, $ l, 9-20-11) 9.34.060 Electronichomedetention. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion ofcorrections staffand subject to appli- cable poticies and procedures, serve all or a portion of his or her ordered confinement in a qualifying residence, subject to an acceptable system ofelec- tronic surveillance. (Ord. No. 3919, $ 3,6-16-09; Ord. No. 4004, $ l, 9-20-11) 9.34.070 Work release. A qualifying inmate sentenced to a period of confinement at the corrections facility may, at the discretion ofcorrections staffand subject to appli- cable policies and procedures, serve all or a portion of his or her ordered confinement on a work release program. lnmates participating in the work release program may, pursuant to applicable policies or procedures, spend a portion of a twenty-four (24) hour period away from the corrections facility while performing work at the inmate's qualifying place of employment. The inmate shall spend non- working hours at the corrections facility; provided, the inmate may, at the discretion of the corrections staff, be allowed to attend approved school, treat- ment, AA/Tr,lA meetings, or appointments. (Ord. No.3919, $ 3,6-16-09; Ord. No.4004, $ l, 9-20-11) (Revised 12l11)9-36 Kent City Code 9.34.080 Work programs in general - Types of work performed - Limitations. A. In general. A qualifying inmate sentenced to a period of confinement at the corrections facility may, atthe discretion of corrections staff and sub- ject to applicable policies and procedures, serve all or a portion of his or her ordered confinement on a work program. There shall be two (2) types of work programs as follows: 1. In-custody work program. An inrnate who serves on an in-custody work program shall spend nonworking hours confined at the corrections facil- ity. The work performed may be within or outside of the corrections facility and may be at a location other than the corrections facility. During the period of work, the inmate may be supervised, par- tially supervised, or not supervised. While con- fined at the corrections facility, the inmate may, at the discretion of the corrections staff, be allowed to attend local court dates or appointments. 2. Out-of-custody work program. An inmate who serves on an out-of-ctrstody work program shall spend nonworking hours at a location other than the corrections facility, and as approved by corrections staff. The work performed may be within or outside of the corrections facility and may be at a location other than the corrections facility. During the period of work, the inmate may be supervised, partially supervised, or not sllper- vised. B. Types of work performed. A work crew pro- gram may be utilized to perform the following types of work: l Garbage, litter, debris, and junk removal from municipal, state, and federal property, includ- ing but not lirnited to roadways, roadway ease- ments, sidewalks, trails, open space, wetlands, shorelines, waterways, steep slopes, parks, and public facilities. 2. Removal and maintenance of invasive and undesirable vegetation and leaves from municipal, state, and federal property, including but not lim- ited to roadways, roadway easements, sidewalks, trails, open space, wetlands, shorelines, water- ways, steep slopes, parks, and public facilities. 3. Removal of snow, sand, dift, and debris from municipal, state, and federal propefty, includ- ing but not limited to roadways, roadway ease- rnents, sidewalks, trails, open space, wetlands, 9.34.l r 0 shorelines, waterways, steep slopes, parks, and public facilities. 4. Graffiti removal and repair on state, fed- eral, and municipal property. 5. General maintenance and repair of munic- ipal, state, and federal property. 6. Janitorial and landscape services at munic- ipal, state, and federal property. 7. Any other work as approved by the correc- tions facility. C. Performance of workfor other public agen- cies.The work program may perform work at the request of other public agencies. The corrections facility tnay, at its discretion, require the public agency to pay a fee for the utilization of the work program. D. Performance of workfor private parties or nonprofit agencies. The work program may per- form the types of work described in subsection (B) of this section for private parties or nonprofit agen- cies on the condition that the private party or non- profit agency reimburse the city for the costs of providing the work program and the private party or nonprofit agency assumes all risk and liability exposure ofhaving the work program perform the work; provided, that at the discretion of corrections staf{, reimbursement may not be required when the work performed primarily benefits the poor and infirm. E. Performance of bargaining unit vvork. The city of Kent will not utilize a work program to per- form work that is within the body of work of a rec- ognized city of Kent union, without the prior agreement of the city of Kent union that owns the body of work. (Ord. No. 3919, $ 3,6-16-09; Ord. No. 4004, $ l, 9-20-l L Formerly 9.34.100) 9.34.110 Inmate responsible for portion of medical care costs. A. Payment responsibility. Each inmate con- fined in the corrections facility shatl be responsible for payment of a portion of the cost to provide medical care to him or her while subject to confine- ment in the corrections facility. B. Medical care costs. Each inmate confined in the corrections facility shall be financially respon- sible for payment of fifteen dollars ($15) each time he or she is provided medical care; provide d, that a portion of this fee may be waived in the event med- 9-36.1 (Revised 12l11) 9.34.110 ical staff determines the inmate has a chronic con- dition that requires treatment at regular and frequent intervals, or an inrnate was provided med- ical care more than one (l) time during any one (l) day for the same condition. In addition, each inrnate shall pay ten dollars ($10) for each course of prescription medication that is prescribed to the inmate. In the event an inmate requires transport by ambulance to a medical care facility, he or she shall pay the actual costs billed to the city for such trans- port. C. Notification. An inmate shall be notified that in the event he or she is provided medical care while confined in the corrections facility, he or she shall be responsible for payment of a portion of the cost of that care. The inmate shall also be notified that by receiving medical care, he or she agrees that the costs set forth in this section may be collected by the court, and that those costs will be added to any other amount owing to the court, or, in the alternative, that the costs may be collected by seiz- ing the inmate's currency that is being held by the corrections facility, by utilizing the services of a collections agency, or by any other legal means. D. Proofofcare. ln the event the city chooses to utilize the Kent municipal court to collect medi- cal care costs, the city shall submit to the court a document that identifies the inmate's name, date of birth, the date medical care was provided, and the name of the provider to establish that medical care was provided and that the defendant owes a portion of the medical care costs to the city. E. Forfeiture of inrnate property. At the discre- tion of the corrections facility, and as an alternative to other collection methods, the corrections facility may seize a portion of the United States currency that has been identified and recorded as inmate property during an inmate property inventory. To this end, all United States currency in the posses- sion of an inmate, which is recorded upon booking, shall be subject to forfeiture to cover the costs of medical care; provided, that prior to forfeiture, the corrections staff shall provide the inmate with an opportunity to a hearing to contest the forfeiture of the currency. F. Appeal. An inmate may appeal the assess- ment of medical care costs; provided, the qr"rality of medical care, the manner in which the medical pro- vider administers medical care, and the timing of medical care shall not be subject to appeal. In the Kent City Code event the inmate wishes to appeal the assessment of medical care costs, he or she must provide writ- ten notice to the corrections facility within five (5) days of receiving such care. The written notice shall state the date the care was provided and must contain a detailed explanation of the reasons for appealing the assessment of costs. In the event the court has been utilized to recover such costs, the inmate's written notice shall be delivered to the court, and the coutt shall set a hearing to permit the inmate to contest the assessed medical care costs. In the event the court was not utilized to collect medical care costs, the corrections facility shall, in accordance with its adrninistrative appeal process, set an administrative appeal. At any appeal hear- ing, the inmate shall bear the burden of proving, by a preponderance ofthe evidence, that he or she is not responsible for the costs. G. No denial of medical care. Under no condi- tion shall medical care be denied or delayed due to an inmate's inability to pay the fees set forth in this section; provided, that nothing in this section shall prevent the city from taking steps to collect medi- cal care costs after care is provided. (Ord. No. 3919, $ 3,6-16-09; Ord. No. 4004, $ l, 9-20-ll) (Revised 12l11)9-36.2 Sections: 9.36.010 9.36.015 9.36.020 9.36.030 9.36.040 9.36.04s 9.36.050 9.36.060 9.36.070 9.36.015 9.36. 130 9.36.140 Kent City Code Subtitle III. Traffic and Motor Vehicles Chapter 9.36 TRAFFIC CODE* 9.36.080 9.36.090 - 9.36.1 10 9.36.120 Adopting ordinance. Driving regulations. Inattentive driving. Avoidance of intersection, penalty. Breaking traction - Quick starts. Motor vehicle public disturbance. One-way streets and alleys - Penalty Compression brakes restrictions. Vehicle weight restrictions. Duty in the case of accident with pedestrian or vehicle propelled by human power. Warrant checks. Reserved. Emergency response caused by person's intoxication - Recovery of costs from convicted person. Traffic safety school. School speed zone traffic safety cameras. 9.36.150 Stoplight traffic safety cameras. *Cross reference(s) - Police deparlment, ch.2.22; speed lim- its and vehicle regulations in parks and tecteation areas. $ 4.01.080; tlaffic regulations in parks and recreation areas, g 4.01 .2 l0: license required fbl taxicabs and other vehicles lbr hire, ch. 5.03; visibility requirements at intersections in resi- dential districts, $ 15.08.130; visibility at access points for automobiles, $ 15.08. 140. State law reference(s) - Model traffic ordinance, RCW 46.90.005 et seq. 9.36.010 Adoptingordinance. 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. 4196, is hereby adopted by refer- ence as currently enacted and as hereinafter amended or recodified from time to titne, and shall be given the same force and effect as if set forth herein in full. The MTO, in conjunction with the other provisions ofthis chapter, shall constitute the traffic ordinance of the city of Kent. As provided 9.36.020 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 web- site 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. (Ord. No. 3017, $ 3,12-3-91; Ord. No. 3073, $ l, 10-20-92; Ord. No. 3170, $ 1, 5-24-94; Ord. No. 3408, $ 2,7-7-98; Ord. No. 4196, $ 1,4-19-16) 9.36.015 Drivingregulations. All RCW sections that constitute traffic infrac- tions or traffic offenses, and the RCW sections nec- essary 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 Licens- ing's last update of the MTO and prior to the Deparlment of Licensing's next update of the MTO, are hereby adopted by reference as they are enacted or as they are amended, repealed, or recod- ified from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. No. 3408, $ 3,7-7-98; Ord. No. 3954, $ 4,5- l8- l0; Ord. No. 4196, $ 2, 4-19-16) 9.36.020 Inattentivedriving. A. It is unlawful for any person to operate a motor vehicle in an inattentive manner upon any highway within the city or way open to the public within the city that is maintained primarily for pub- lic use and is adjacent to any highway. B. For the pLrrpose of this section, inattentive means the operation of a vehicle in a lax or slack manner. C. For the purposes of this section, the term highway is defined as set forth in RCW 46.04.197 and the term way open to the public is defined as set forth in WAC 200-200-015(8). 9-31 (Revised 3/19) 9.36.030 D. The offense of operating a vehicle in an inat- tentive manner shall be considered to be a lesser offense than, but included in the offense of, negli- gent driving in the second degree. E. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150), plus all mandatory state costs, fees, and assessments. (Ord. No. 2716;Ord. No.3017, $ 4, l2-3-91; Ord. No. 3288, $ 1,4-3-96; Ord. No. 3408, $ 4,7-7-98; Ord. No.4073, $ 1,2-19-13. Formerly Code 1986, $ 10.02.032) 9.36.030 Avoidance of intersection, penalty. A. It is unlawful for any person operating a motor vehicle on the highways of the city to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to pro- ceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority. B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred dollars ($ I OO;. (Ord. No. 2769,51; Ord. No. 3017, $ 5, 12-3-91; Ord. No. 3408, $ 5,7-7-98. Formerly Code 1986, $ 10.02.034) 9.36.040 Breaking traction - Quick starts. A. No person shall drive any vehicle or motor- cycle so as to cause, by excessive or Llnnecessary acceleration, the tires of any such vehicle or cycle to spin and emit loud noises or to unnecessarily throw stones or gravel. B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hLrndred fifty dollars ($ 150). (Ord. No. 3350, $ 7,5-21-97; Ord. No. 3408, $ 6, 7 -7 -e8) Editor's note - Ord. No. 3138. $ 4, adopted Oct. 19, 1993, repealed fbrmer $ 9.36.040, which perlained to street closures. 9.36.045 Motor vehicle public disturbance. A. It is unlawful for any person in control of or operating a motor vehicle to permit sound from the motor vehicle sound system, such as but not lim- ited to a radio, tape player, or compact disc player, Kent City Code whether or not affixed to the vehicle, to be operated at a volume so as to be audible at a distance greater than fifty (50) feet from the vehicle itself. B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150). (Ord. No. 3408, $ 7,'7-7-98) 9.36.050 One-way streets and alleys - Penalty. A. Upon those streets and parls of streets, and in those alleys described in the schedule on file in the city clerk's office, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of not more than twenty dollars ($20). (Ord. No. 1972, $$ 4,5; Ord. No. 2085, $ 2; Ord. No. 23 13, $ 1; Ord. No. 242'/ , g 4; Ord. No. 273 I , $a; Ord. No. 2940, $ l; Ord. No. 3062, $ 2( 10.06. 160), 8- I 8-92; Ord. No. 3 I 70, $ I , 5-24- 94. Formerly Code 1986, $$ 10.06.160, 10.06. 170) Stnte law reference(s) - Yield signs, RCW 46.61.425, 46.61.435: stop signs, RCW 46.61.435. Editor's note - Ord. No. 3170, $ l, adopted May 24, 1994. renumbered fbrmer $ 9.36. 100 as 9.36.050. 9.36.060 Compressionbrakesrestrictions. A. Compression brakes prohibited. No person shall use motor vehicle brakes within the city limits that are in any way activated or operated by the compression of the engine of that motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that the compression brakes where applied in an emer- gency and were necessary for the protection ofper- sons and/or property. B. Violation; penalty. Any person violating these compression brake provisions shall have committed a traffic infraction and a penalty of one hundred dollars ($100) shallbe imposed. C. Signposting. The director of public works is authorized and directed to post appropriate signs consistent with these provisions. (Ord. No. 33 17, $ l, l0- 1-96) (Revised 3/19)9-38 Kent City Code 9.36.070 Vehicleweightrestrictions. A. Operational ntauimum gross vehicle weight restriction on Kent 5 Bridge at Rock Creek. In accordance with RCW 46.61.450, it is unlawful for any person to operate a vehicle or combination of vehicles over the Kent 5 Bridge at Rock Creek located on Kent-Kangley Road with an operational maximum gross vehicle weight over forty-four (44) tons or eighty-eight thousand (88,000) pounds. For purposes of this section, operational maximum gross vehicle weight means the maxi- mum gross vehicle weight of all load-bearing axles on the bridge at any one (l) time. School buses, public transit buses, emergency vehicles, public utility or municipal and county vehicles, and solid waste disposal vehicles are exempt from this sec- tion. B. Violations. A violation of this section is a traffic infraction under RCW 46.44.105(4), and punishable by the allowable monetary penalty, as may be amended from time to time. In addition to any penalty for violation of the provisions of this section, such violator may be liable in a civil action instituted in the name of the city for any damages to the bridge sustained as a result of such violation. (Ord. No.3816, $ 1,9-19-06) 9.36.075 Duty in the case of accident with pedestrian or vehicle propelled by human power. The operator of any motor vehicle involved in an accident with a pedestrian, or with a device pro- pelled by human power operated by any person, or upon which a person is seated, shall do the follow- ing: l. Immediately stop such vehicle at the scene of such accident, or as close thereto as possible, and return to and remain at the scene ofsuch acci- dent until he or she has given his or her name, address, insurance company, insurance policy number, and vehicle license number, and exhibit his or her operator's license to the pedestrian or person operating the device propelled by human power, or, if they are unconscious or incompetent, provide the same information to another person who he or she reasonably believes is acting on their behalf; or, ifthe pedestrian or person operating the device propelled by human power is unconscious or incompetent, and there is no one to act on their behalf, shall immediately, or as soon as possible, 9.36.120 call 9-l-l to summon emergency services to the scene. 2. Under no circumstances shall the render- ing of assistance or other cornpliance with the pro- visions of this section be evidence of liability of any motor vehicle operator of such accident. For the purposes of this section, oopedestrian" rneans any person who is afoot or who is using a wheelchair, a power wheelchair, an electric per- sonal assistive mobility device, or a means of con- veyance propelled by hurnan power. ooMotor vehicle" shall be as defined in RCW 46.04.320. Violation of this section is a gross misdemeanor the maximum penalty of which is three hundred sixty-four (364) days in jail and a five-thousand- dollar ($5,000) fine. (Ord. No. 4033, $ l,4-17-12) 9.36.080 Warrantchecks. Law enforcement officers are authorized to search for outstanding warrants upon making a stop, or upon making contact with a person, for a traffic infraction or non-traffic infraction. This pro- vision shall be in addition to, and sub.iect to, all cur- rent and future federal or state legislative enactments affecting the same. (Ord. No. 3364, $ 2,9-16-97) 9.36.090 - 9.36.110 Reserved. Editor's note - Ord. No. 3170. $ l, adopted May 24, 1994, repealed tbrmer $$ 9.36.050, 9.36.060, 9.36.070, 9.36.080, 9.36.090, 9.36.110, which corrtained provisions relating to the traffic code. 9.36.120 Emergency response caused by person's intoxication - Recovery of costs from convicted Person. A person whose intoxication causes an incident resulting in an appropriate emergency response and who, in connection with the incident, has been found guilty of or has had his or her prosecution deferred for driving while under the influence of intoxicating liquor or any drug pursuant to RCW 46.61.502 or use of a vessel while under the influ- ence of alcohol or drugs pursuant to RCW 79A.60.040 is liable for the expense of the emer- gency response to the incident by a pLrblic agency. In no event shall a person's liability under this sec- 9-39 (Revised 3i19) 9.36.130 tion for the expense of an emergency response exceed two thousand five hundred dollars ($2,500) for a particular incident. The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same lnanner as in the case ofan obligation under a contract, expressed or implied. Following a conviction of an offense listed in this section, and prior to sentencing, the prosecution may present to the court information setting forth the expenses incurred by the public agency for its emergency response to the incident. Upon a finding by the couft that the expenses are reasonable, the court shall order the defendant to reimburse the public agency. The cost reimburse- ment shall be inclLrded in the sentencing order as an additional monetary obligation of the defendant and may not be substituted for any other fine or cost required or allowed by statute. The couft may establish a payment schedule for the payment of the cost reimbursement, separate from any pay- ment schedule imposed for other fines and costs. For the purposes of this section, the phrase expense of an emergency response means reason- able costs incurred by a public agency in reason- ably rnaking an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, firefighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident. (Ord. No. 4047 , 5 1,9-18-12) 9.36.130 Traffic safety school. A. Authorized. The traffic safety school is hereby authorized. The traffic safety school shall be administered and operated by the police depart- ment. B. Purpose. The purpose of the traffic safety school is to create a foundation for safe driving habits by educating participants in the proper, law- ful, and safe operation of motor vehicles upon the roadway, the rules of the road, the challenges of driving safely among bicyclists and pedestrians, and the consequences ofunsafe driving practices. Kent City Code C. Attendance. Attendance at the traffic school may be a condition of diversion of a traffic infrac- tion or criminal traffic citation prior to the filing of the infraction or criminal traffic citation. Atten- dance at the traffic school may also be ordered by the Kent municipal court or agreed to by the pros- ecutor as a condition ofa sentence, suspended sen- tence, deferral of sentence, or continuance in a criminal case or as condition of a deferred finding in a traffic infraction case. D. Fee. The police department shall charge a fee to attend the traffic safety school. The amount of the fee shall be established or amended by the city coLrncil by resolLrtion. Fees collected to attend the traffic safety school may be used to: l. Reimburse the city for the costs of admin- istering the traffic safety school; 2. Provide for safe driver education materials, programs, promotions, and advertising; 3. Pay the costs associated with the training of law enforcement officers and personnel or pur- chase law enforcement equipment; or 4. Pay the costs related to the investigation and enforcement of traffic related offenses and criminal laws. E. Policies and procedures. The city shall establish policies and procedures that determine who shall be eligible for the traffic safety school; the dates, times, and location in which the traffic safety school shall be offered; the curriculum ofthe traffic safety school; and the effect of successful completion of the traffic safety school. (Ord. No. 4079, 5 1, 5-21-13) 9.36,140 School speed zone traffic safety cameras. A. Authorized use of atrtomated trffic saJbty cameras. Pursuant to the authority of RCW 46.63.170, the city is aLrthorized to use automated traffic safety cameras and related automated sys- tems in order to detect, record, and enforce and prosecute school speed zone violations. B. Limitation on photos - Use of photos. 7. Limitation on photos. Automated traffic safety cameras may only take pictures of the vehi- cle and vehicle license plate and only while an infraction is occurring. The picture rnust not reveal the face of the driver or of passengers in the vehi- cle. (Revised 3/19)9-40 Kent City Code 2. Use of photos. Notwithstanding any other provision of law, all photographs, microphoto- graphs, or electronic images prepared under this section are for the exclusive use of law enforce- ment in the discharge of duties under this section and are not open to the public and may not be used in a couft in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this sec- tion nor retained longer than necessary to enforce this section. C. Infraction processing - Responsibilities - Presumption. L In general. Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traf- fic safety cameras shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46. I 6 A.120, and 46.20.27 0(3). 2. Notice of infraction A notice of infraction must be mailed to the registered owner of the vehi- cle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address under subsection (C)(a) ofthis section. The law enforcement officer issuing the notice of infraction shall include with it a cer- tificate or facsimile thereoi based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camerao stating the facts supporling the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this section. Any citation or notice of infrac- tion issued pursuant to this section may be initiated by electronic signature of the issuing police officer. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infrac- tion. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. 3. Registered owner responsible - Rental car business. The registered owner of a vehicle is 9.36.140 responsible for an infraction issued pursuant to this section unless the registered owner overcomes the presumption in subsection (CX5) of this section, or, in the case ofa rental car business, satisfies the conditions under subsection (C)(4) of this section. If appropriate under the circumstances, a renter identified under subsection (C)(4) of this section is responsible for an infraction. 4. Rental cars. lf the registered owner of the vehicle is a rental car business, the law enforce- ment agency shall, before a notice of infraction is issued under this section, provide a written notice to the rental car business that a notice ofinfraction may be issued to the rental car business if the rental car business does not, within l8 days of receiving the written notice, provide to the issuing agency by return mail: a. A statement under oath stating the name and known mailing address of the individual driv- ing or renting the vehicle when the infraction occurred; or b. A statement under oath that the business is unable to determine who was driving or renting the vehicle at the tirne the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsec- tion must be accompanied by a copy of a filed police report regarding the vehicle theft; or c. In lieu of identifying the vehicle opera- tor, the rental car business may pay the applicable penalty. Timely mailing of the statements described in subsections (CX Xa) and (b) of this section to the issuing law enforcement agency relieves a rental car business of any liability under this section for the notice of infraction. 5 . Presumption. Pursuant to RCW 46.63 .0'7 5, in a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this section, proof that the par- ticular vehicle described in the notice of traffic infraction was in violation of a law enforced through the use of the automated traffic safety camera, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the per- son in control of the vehicle at the point where, and for the tirne during which, the violation occurred. 9-40a (Revised 3/19) 9.36.150 This presumption may be overcome only if the reg- istered owner states, under oath, in a written state- ment to the court or in testimony before the court that the vehicle involved waso at the time, stolen or in the care, custody, or control of some person other than the registered owner. D. Infraction - Penalty. It shall be an infraction to exceed the posted speed limit in a school speed zone enforced through the use of an automated traffic safety camera. The penalty for an infraction committed in a school speed zone which is detected through the use of an automated traffic safety camera shall be $136; provided, the penalty shall be $248 for a violation in which the vehicle was operated at a speed of 30 rniles per hour or more. In addition to the fines provided herein, a violator may be assessed any costs and assessments as required or permitted by state law or court rule. E. Signs - Payment to vendor - Alternative enforcement. l. School zones must be signed. All locations where an automated traffic safety camera is used must be clearly marked at least 30 days prior to activation of the camera by placing signs in loca- tions that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. 2. Payment made to vendor. The compensa- tion paid by the city to the manufacturer or vendor of the automated traffic safety camera equipment must be based only upon the value of the equip- ment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the eqLriprnent. 3. Alternative enforcemenf. Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs pursuant to RCW 46.63.030(l)(a), (b), or (c). F. Use offunds. Funds derived from the use of automated traffic safety cameras shall be used to pay the costs of administering the automated traffic safety camera program, including but not limited to personnel costs, vendor costs, and equipment costs. Funds in excess of these costs may be used to fund personnel, programs, services, and eqLrip- ment related to the enforcement and processing of traffic and criminal laws within the city. Kent City Code G. De/inition. For the purposes of this section, automated trffic safety camera means a device that uses a vehicle sensor installed to work in con- junction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or lnore sequenced pho- tographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing con- trol signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device. (Ord. No. 4080, $ 1,5-21-13; Ord. No. 4298, g l, l2-1 r-18) 9.36.150 Stoplight traffic safety cameras. A. Adhorized use of automated trffic safety cameras. Pursuant to the authority of RCW 46.63.170, the city is authorized to use automated traffic safety cameras and related automated sys- tems in order to detect, record, and enforce and prosecute stoplight violations. B. Limitation on photos - Use of photos. l. Limitation on photos. Automated traffic safety cameras may only take pictures of the vehi- cle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face ofthe driver or of passengers in the vehi- cle. 2. Use of photos. Notwithstanding any other provision of law, all photographs, microphoto- graphs, or electronic images prepared under this section are for the exclusive use of law enforce- ment in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding ltnless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this sec- tion nor retained longer than necessary to enforce this section. C. Infraction processing - Responsibilities - Presumption. l. In general. lnfractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, (Revised 3/19)9-40b Kent City Code infractions generated by the use of automated traf- fic safety cameras shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.1 6 A.120, and 46.20.27 0(3). 2. Notice of infraction A notice of infraction must be mailed to the registered owner of the vehi- cle within l4 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's narne and address under subsection (C)(4) ofthis section. The law enforcement officer issuing the notice of infraction shall include with it a cer- tificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this section. Any citation or notice of infrac- tion issued pursuant to this section may be initiated by electronic signature ofthe issuing police officer. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infrac- tion. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. 3. Registered owner responsible Rental car business. The registered owner of a vehicle is responsible for an infraction issued pursuant to this section unless the registered owner overcomes the presumption in subsection (C)(5) of this section, or, in the case ofa rental car business, satisfies the conditions under subsection (C)(4) of this section. If appropriate under the circumstances, a renter identified under subsection (CX4) of this section is responsible for an infraction. 4. Rental cars. If the registered owner of the vehicle is a rental car business, the law enforce- ment agency shall, before a notice of infraction is issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail: a. A statement under oath stating the name and known mailing address of the individual driv- 9.36. r 50 ing or renting the vehicle when the infraction occurred; or b. A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this sltbsec- tion must be accompanied by a copy of a filed police report regarding the vehicle theft; or c. In lieu of identifying the vehicle opera- tor, the rental car business may pay the applicable penalty. Timely mailing of the statements described in subsections (CXaXa) and (CXaXb) of this section to the issuing law enforcement agency relieves a rental car business of any liability under this sec- tion for the notice of infraction. 5. Presumptior. Pursuantto RCW 46.63.075, in a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this section, proof that the par- ticular vehicle described in the notice of traffic infraction was in violation of a law enforced through the use of the automated traffic safety camera, together with proof that the person named in the notice of traffic infraction was at the tirne of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the per- son in control of the vehicle at the point where, and for the time during which, the violation occurred. This presumption may be overcome only if the reg- istered owner states, under oath, in a written state- ment to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner. D. Infraction - Penalty. A driver facing a steady red traffic control signal shall stop and shall remain stopped until an indication to proceed is shown. lt shall be an infraction to proceed through a stoplight at the intersections of two arterials enforced throLrgh the use of an automated traffic safety camera. The penalty for a stoplight infrac- tion detected through the use of an automated traf- fic safety camera shall be $136. In addition to the fine provided herein, a violator may be assessed any costs and assessrnents as reqr"rired or permitted by state law or court rule. 9-40c (Revised 3/19) 9.36.150 E. Signs - Payment to vendor - Alternative enforcement. 1. Stoplight locations must be signed. All locations where an automated traffic safety camera is used must be clearly marked at least 30 days prior to activation of the camera by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. 2. Payment made to vendor. The compensa- tion paid by the city to the manufacturer or vendor of the automated traffic safety carnera equipment must be based only upon the value of the equip- ment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. 3. Alternative enforcemenl. Nothing in this section prohibits a law enforcement officer from issuing a notice oftraffic infraction to a person in control of a vehicle at the time a violation occurs pursuant to RCW 46.63.030(1)(a), (b), or (c). F. Use offunds. Funds derived from the use of automated traffic safety cameras shall be used to pay the costs of administering the automated traffic safety camera program, including, but not limited to personnel costs, vendor costs, and equipment costs. Funds in excess of these costs may be used to fund personnel, programs, services and equip- ment related to the enforcement and processing of traffic and criminal laws within the city. G. Definition.For the purposes of this section, automated trffic safety camera means a device that uses a vehicle sensor installed to work in con- junction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced pho- tographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing con- trol signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device. (Ord. No. 4297, S 1, 12-1 1-18) Kent City Code (Revised 3/19)9-40d Sections: 9.37.010 9.37.020 9.37.030 9.37.040 Kent City Code Chapter 9.37 TRAFFIC VIOLATIONS BUREAU 9.37.040 or infraction from requesting a trial or hearing as authorized by law. (Ord. No. 2258, S 3. Formerly Code 1986, s 10.04.030) 9.37.040 Same - Duties. Duties of the traffic violations bureau shall include among others the following: 1. It shall accept designated bail or monetary penalties from and issue receipts to such violators permitted to and who desire to forfeit bail or who desire to accept the determination that a traffic infraction has been committed. 2. It shall keep a proper and complete record of all bail forfeitures or forfeitures of monetary penalties in cases wherein any person has been charged with violation of the traffic ordinances of the city, together with a record of the final disposi- tion of all such alleged offenses and infractions. 3. It shall keep a record of all serially num- bered citation forms issued by the police depart- ment to individual police officers, the record to include any forms spoiled or upon which an entry has been made but the form not issued to an alleged violator. 4. It shall forward to the Aukeen District Court the names of those persons who fail to respond to a traffic citation or notice of traffic infraction as the same may be required by any stat- ute, ordinance, or court rule. (Ord. No. 2258, S 4. Formerly Code 1986, s 10.04.040) Definitions. Traffic violations bureau - Created. Same - Acceptance of bail or monetary penalties. Same - Duties. 9.37.010 Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Monetary penalties means those sums deter- mined by rules promulgated by the courts of this state to be appropriate penalties to be assessed for traffic infractions. Traffic infraction means any offense designated as a traffic infraction under RCW 46.63.020 and any additions or amendments thereto. (Ord. No. 2258, S 1. Formerly Code i986, s 10.04.010) Cross reference(s) - Definitions and rules of construction generally, S 1.01.030. 9.37.020 Traffic violations bureau - Created. The Kent Traffic Violations Bureau is estab- lished. The bureau shall operate under the auspices of the city finance department and in conjunction with the Aukeen District Court. The bureau shall be staffed by such persons and shall be open at such hours as are designated by the finance director. (Ord. No. 2258, S 2. Formerly Code 1986, s 10.04.020) 9.37.030 Same - Acceptance of bail or monetary penalties. The traffic violations bureau may accept bail or monetary penalties for those offenses or traffic infractions which by effect of statute, ordinance, or court rule may be disposed of other than by manda- tory court appearance; provided, that this section shall not preclude a person charged with an offense 9-41 (Revised 6/22) 9.38.0 r0 Sections 9.38.010 9.38.015 9.38.020 9.38.025 9.38.030 9.38.035 9.38.040 9.38.045 9.s8.050 9.38.055 Chapter 9.38 PARKING* Findings. Vehicle impoundment. No parking zones. Loading zones and passenger loading zones. Parking in fire lanes - Penalty. Electric vehicle parking space Penalty. Arterial and highway parking prohibited. Parking prohibited from 10:00 p.m. to 6:00 a.m. Parking prohibited from 4:00 a.m. to 7:00 a.m. Parking in City Hall parking lot and Centennial Center parking garage. Two-hour parking zones. Four-hour parking zones. Holiday parking - Penalty. Thirty-minute parking zones. Seasonal no parking zone - Lake Meridian. Repealed. Reparking in same block to avoid citation. Compliance with state law. Parking prohibited within 10 feet of mailboxes - Penalty. Parking and storage of large vehicles on city streets - Finding. Parking and storage of large vehicles on city streets - Penalty and exemptions. Parking of certain trailers or semi- trailers - Penalty. Parking of recreational vehicles, boats or vessels, and trailers. Parking an unlicensed vehicle or a vehicle with switched license plates or tabs - Penalty. Municipal parking facilities regulated - Penalty. Parking permits and passes or exemptions. Residential parking zone. Kent City Code 9.38.180 Stopping, standing, or parking prohibited in specified places. 9.38.185 Parking too far from the curb. L 38. 1 90 Penalty for violation of certain sections. 9.38.195 Failure to respond - Penalty. 9.38.200 Flood emergency hazardous materials parking zone. *Editor's note - Ord. No. 3189, S 1, adopted October 4, 1994' repealed former SS 9.38.070 and 9.38.090, which pertained to one hour parking zones and 15 minute parking zones, and substantially revised Ch. 9.38. Cross reference(s) - Duties ofthe parking enforcement aide' 52.22.060: off-street parking regulations, $ 15.05.030 et seq.; parking and storage ofvehicles, S 15.08.090. 9.38.010 Findings. The Kent Traffic Code adopts by reference the Model Traffic Ordinance, set forth in Chapter 308- 330 WAC. The Model Traffic Ordinance, pursuant to RCW 46.61.570, authorizes a municipality such as the city of Kent, by ordinance, to restrict parking and establish no parking zones on city streets and other rights-of-way. The city council finds that it is necessary and appropriate, for public safety rea- sons, to adopt an ordinance establishing restricted parking and no parking zones on city streets and other rights-of-way within the city of Kent. (Ord. No.2857, S 1,7-5-89; Ord. No.3189, S 1, 10-4-94; Ord. No. 3974, S 1, 9-21-10; Ord. No. 4428, S r,4-tg-22) 9.38.015 Vehicleimpoundment. A. Remedial action.In addition to those tows and impounds generally authorized under the law or the Model Traffic Ordinance adopted through KCC 9.36.010, a police officer may additionally authorize a vehicle towed in accordance with Chapter 9.39 KCC if the officer: (1) finds the vehi- cle is parked in violation of this chapter, (2) deter- mines such remedial action is needed to preserve the public health, safety, and welfare, and (3) has first pursued reasonable alternatives before exer- cising their discretion to have the vehicle removed. An impound decision is not punitive. Accordingly, if a police officer elects to have a vehicle towed and impounded under Chapter 46.55 RCW, the police officer shall not also issue an infraction for any civil violation that relates solely to the manner in 9.38.060 9.38.065 9.38.070 9.38.080 9.38.085 9.38.090 9.38.095 9.38.100 9.38.110 9.38.120 9.38.130 9.38.140 9.38.145 9.38.150 9.38.160 9.38.170 9.38.175 (Revised 6/22)9-42 Kent City Code which the vehicle is parked, stopped, or otherwise located. This limitation, however, does not apply to any criminal charges or to any infractions issued for moving, licensing, registration, inspection, or insurance violations. B. Junk vehicles - Authority. For purposes of au- thorizing the removal of any junk vehicle located on public property or within the right-of-way in ac- cordance with RCW 46.55.230, the city's public works director or designee is deemed the public of- ficial having jurisdiction over such property within the city limits of Kent. (Ord. No. 4428, S 1,4-19-22) 9.38.020 No parking zones. A. At such time as the traffic engineer shall place the appropriate sign or signs, it shall be ille- gal to park any motor vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any time upon and on either side of, unless other- wise indicated, the following roadways or portions thereof: 1. 1st Avenue North: from the intersection of West.lames Street to the north end of lst Avenue North, east side only. 2. lst Avenue North: from West James Street to West Smith Street, east side only. 3. Znd Avenue North: from West Smith Street to West Harrison Street. 4. 2nd Avenue North: from South 228th Street to south end of street. 5. 4th Avenue North and South: from SR 516/!Vest Willis Street to South 228th Street. 6. 5th Avenue North: from West James Street to north end of 5th Avenue North. 7. 6th Avenue North: from South 2Z8th Street to south end ofstreet. 8. 6th Avenue South: from West Meeker Street to West Gowe Street. 9. 26th Avenue South: both sides from South 272nd Street to 500 feet north of South 272nd Street and on 26th Avenue South from South 272nd Street to end of 26th Avenue South, east side only. 10. 27th Avenue South: from South 240th Street to end of 27th Avenue South. II. 2TthPlace South: from South 259th Place north to South 256th Street. 12. 28th Avenue South: from South 240th Street to end of 28th Avenue South. 9.38.020 13. 30th Avenue South: from South 240th Street to Kent-Des Moines Road (SR 516). 14. 36th Place South: from South 272nd Street to 35th Lane South. 15. 42nd Avenue South: from Reith Road to South 260th Street. 16. 43rd Avenue South: the cul-de-sac north of 42nd Place South and the attached spur road to the north. 17. 54th Avenue South: from South 228th Street to South 226th Street. 18. 58th Place South: from Russell Road to South 194th Street. 19. 58th Place South: from South 226th Street to south end of 58th Place South. 20. 62nd Avenue South: from South 190th Street to South 196th Street. 21. 64th Avenue South: from south end of road to South 212th Street. 22. 66th Avenue South: from South 196th Street to South 190th Street. 23. 72ndl70th Avenue South: from South 228th Street to South 180th Street (43rd Avenue South). 24. 72nd Avenue South: from South 262nd Street to South 277th Street. 25. 74th Avenue South: from South 259th Street to West Willis Street (SR 516). 26. 76th Avenue South: from South 228th Street to South 21Zth Street. 27. 77th Avenue South: from South 212th Street to north end of road. 28. 80th Avenue South: from South 180th Street (43rd Avenue South) to South 196th Street, and 80th Avenue South from South 200th Street to South 208th Street. 29. 80th Place South: from 80th Avenue South to 84th Avenue South. 30. 81st Avenue South: from South 200th Street to South 196th Street. 31. 83rd Avenue South: from South 228th Street to South 224th Street. 32. 84th Avenue South/East Valley High- way/Central Avenue North/Central Avenue South: from South 180th Street (43rd Avenue South) to the Green River Bridge. 33. 88th Avenue South: from East James Street to South 218th Street. 34. 94th Avenue South: from Canyon Drive to South 240th Street. 9-43 (Revised 6/22) 9.38.020 35. 97th Place South: from Canyon Drive to 1 00th Avenue Southeast. 36. 100th Avenue Southeast: from Southeast 248th Street to Southeast 218th Street. 37. l0lst Avenue Southeast: from Southeast 256th Street (SR 516) to Southeast 260th Street. 38. 102nd Avenue Southeast: from Southeast 240th Street to the north end of 102nd Avenue Southeast. 39. 104th Avenue Southeast (SR 515): from Southeast 27Znd Street to north city limits. 40. l08th Avenue Southeast: from Southeast 28lst Street to Kent-Kangley Road (SR 516). 41. 108th Avenue Southeast: from Southeast 244th Street to Southeast 236th Place. 42. 109th Avenue Southeast: from Southeast 256th Street to Southeast 248th Street. 43. llzl}r Avenue Southeast: from south end of 1l2th Avenue Southeast to Southeast 232nd Street. 44. lIlth Avenue Southeast: from Kent- Kangley Road to south end of street. 45. 116th Avenue Southeast: from Southeast 227thPlace to Southeast 27AthWay. 46. 116th Avenue Southeast: from Southeast 248th Street to Southeast 256th Street, west side only. 47. ll7th Avenue Southeast: from Southeast 244th Street to end of street. 48. 118th Avenue Southeast: from Southeast 244th Street to the north end ofstreet. 49. 119th Avenue Southeast: from Southeast 244th Street to the north end ofstreet. 50. 119th Avenue Southeast/l19th Place Southeast: from Southeast244th Street to South- east 244th Street. 51. 120th Avenue Southeast: from the gate on Southeast 268th Street to Southeast 270th Street, north and east sides only. 52. I24th Avenue Southeast: from Southeast 248th Street to Southeast 28Znd Street. 53. 1Z8th Avenue Southeast: from Southeast 226th Place to Southeast 227th Street, west side only. 54. l?Bth Avenue Southeast/Southeast 227th Street: on the curve from 128th Avenue Southeast to Southeast 227lhStreet, northeast side only. 55. 128th Place Southeast: from Southeast 226th Place to Southeast 227th Street, east side only. Kent City Code 56. 129th Place Southeast: from 70 feet north of S o utheast 225th C ourt to S o utheast 22 Sth C ornt, west side only. 57. I29th Place Southeast: from 120 feet south of Southeast 225th Court to Southeast 226th Place, east side only. 58. 129th Place Southeast: from Southeast 226thPIace to 185 feet north of end of road, west side only. 59. 132nd Avenue Southeast: from Southeast 236th Street to Southeast 288th Street. 60. 132nd Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 61. 133rd Place Southeast: from Southeast 226th Street to Southeast 227th Street, west side only. 62. l34th Place Southeast: from Southeast 224th Place to Southeast 225th Place, east side only. 63. 134th Place Southeast: from Southeast 227th Street to Southeast 227th Place, east side only. 64. 135th Avenue Southeast: from Southeast 252nd Street to Southeast 253rd Place, west side only. 65. 140th Avenue Southeast: from Southeast 256th Street to Southeast 260th Street. 66. 144th Avenue Southeast: from Kent- Kangley Road (SR 516) to Southeast 288th Street. 67. 148th Avenue Southeast: from Southeast 256th Street to Southeast 24Oth Street. 68. 148th Avenue Southeast/l52nd Way Southeast: from north city boat ramp to Kent- Kangley Road (SR 516). 69. 152nd Avenue Southeast/l52nd Way Southeast: from Kent-Kangley Road (SR 516) to SR IB. 70. Alder Lane/South 262nd Street: from Central Avenue South to 500 feet east of Central Avenue South. 71. Cambridge Way: 200 feet south of South 26Znd Street, west side only. 72. East Canyon Drive: from Hazel Avenue North to 101st Avenue Southeast. 73. East Gowe Street/lVest Gowe Street: from Railroad Avenue South to 1st Avenue South. 74. East Gowe Street: from Railroad Avenue South to Central Avenue South, south side only, (Revised 6/22)g-44 Kent City Code and from Central Avenue South to Kennebeck Avenue South. 75. East Harrison Street: from 140 feet west of 4th Avenue North to 4th Avenue North, south side only. 76. East Meeker Street/West Meeker Street: from Railroad Avenue South to 1st Avenue South. 77. East Pioneer Street: from 170 feet east of Central Avenue to State Avenue, south side only, and from Central Avenue South to 200 feet east of Central Avenue, north side only. 78. East Pioneer Street: from Railroad Ave- nue North to Central Avenue North. 79. East Titus Street: from 3rd Avenue South to 4th Avenue South, north side only; police vehi- cle parking only. 80. East Titus Street: from West Gowe Street to Reiten Road South, southeast side only. 81. East Titus Street/West Titus Street: from Railroad Avenue South to lst Avenue South, 82. East Titus Street: from East Smith Street to Reiten Road South. 83. Frager Road South: from West Meeker Street to South 204th Street. 84. Green River Road: from the north city limits to a point 600 feet southerly of the north city limifs. 85. Green River Road: from a point 700 feet southerly of the north city limits to a point 830 feet southerly of the north city limits, west side only. 86. Green River Road: from a point 790 feet southerly of the north city limits to a point 885 feet southerly of the north city limits, east side only. 87. Green River Road: from a point 770 feet northerly of the south city limits to a point 200 feet northerly of the south city limits, west side only. 88. Green River Road: from a point 775 feet northerly of the south city limits to the south city limits, east side only. 89. Green River Road: from a point 50 feet northerly of the south city limits to the south city limits, west side only. 90. Interurban Trail Street: from Meeker Street to Smith Street. 91. Kennebeck Avenue South: from East Smith Street to East Ward Street. 92. Lake Fenwick Road: from South Reith Road to South 272nd Street. 93. Lakeside Boulevard East: from South 2401h Street to South 228th Street. 9.38.020 94. Lakeside Boulevard West: from Lakeside Boulevard East to South 228th Street. 95. Landing Way: from 64th Avenue South to West Valley Highway, 96. Lincoln Avenue North: from West Meeker Street to West James Street. 97. Maple Street South: from Woodland Way South to Garfield Avenue South, south side only' 98. Military Road South/36th Avenue South/Military Road South: from South 228th Street to South 272nd Street. 99. Novak Lane: from Central Avenue to west end of street. 100. Ramsay Way: from 4th Avenue North to 230 feet east of 4th Avenue North. 101, Ramsay Way: from 350 feet east of 4th Avenue North to 440 feet east of 4th Avenue North, south side only. 102. Ramsay Way: from 350 feet east of 4th Avenue North to 480 feet east of 4th Avenue North, north side only. 103. Ramsay Way: from 520 feet east of 4th Avenue North to 150 feet north of West Temper- ance Street. 104. Ramsay Way: from West Temperance Street to West Smith Street. 105. Riverview Boulevard: from South 216th Street to South 232nd Street. 106. Russell Road South: from end of street at Green River Trail to West James Street. 107. Russell Road South: from South 228th Street to South 21Zth Street. 108. South 188th Street: from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from a point 960 feet west of 80th Avenue South westerly to the end of the street at the BNSF Railway Company tracks. 109. South l90th Street: from West Vallev Highway to 72nd Avenue South. 110. South 192nd Street: from the west end of the road to 84th Avenue South. 111. South 194th Street: from 58th Place South to 66th Avenue South. 112. South 194th Street: from 84th Avenue South to west end of street at BNSF Railway Com- pany tracks. 113. South 196th Street/Russell Road/South 200th Street: from 84th Avenue South to the Green River. 9-45 (Revised 6/22) 9.38.020 114. South 200th Street: from 80th Avenue South to 84th Avenue South. 115. South 202nd Street: from 80th Avenue South to west end of street at BNSF Railway Com- pany tracks. 116. South 204th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 117. South 206th Street: from 72nd Avenue South to 77th Avenue South. 118. South 208th Street: from 80th Avenue South to west end of street at BNSF Railway Com- pany tracks. 119. South 208th Street: from 84th Avenue South to 96th Avenue South. 120. South 21Zth Street: from west city limits to east city limits. 121. South 216th Street: from 64th Avenue South to 72nd Avenue South. 122. South 216th Street: from 84th Avenue South to the west end at BNSF Railway Company tracks. 123. South 218th Street: from 84th Avenue South to sR 167. 124. South 220th Street: from West Valley Highway (SR 181) to72nd Avenue South. 125. South 222nd Street: from west end at BNSF Railway Company tracks to SR 167. 126. South 224th Street: from 83rd Avenue South to east end of road. 127. South 226th Street: from 54th Avenue South to 64th Avenue South. 128. South 228th Street: from Russell Road South to 83rd Avenue South. 129. South 23lst Way: from Military Road South to Russell Road South. 130. South 234th Street: from West Valley Highway to east end of street. 131. South 236th Street: from Lakeside Bou- levard East to 64th Avenue South. 132. South 240th Street: from 27th Avenue South to I-5. 133. South 252nd Street: from Canyon Drive (SR 516) to east end of road. 134. South 256th Street: from 27th Place South east to the traffic control gate. 135. South 259th Street: from 74th Avenue South to east city limits. 136. South 260th Street/South 259th Place/Reith Road: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR 516). Kent City Code 137. South 268th Street: from Military Road South to Princeton Avenue South. 138, South 27Znd Street: from Lake Fenwick Road South to 4ZndAvenue South, north side only. 139. South 277th Street and Southeast2T4th Way: from 700 feet east of L Street NE to 116th Avenue Southeast. 140. South Central Place: from South 266th Street to the end of South Central Place. 141. Southeast 211th Street: from 160 feet east of l?TthPIace Southeast to end ofstreet, north side only. 1 42. Southe ast Z?AthPlace: from I 33rd Ave- nue Southeast to 134th Place Southeast, south side only. 143. Southeast 225th Court: from 60 feet south of end of road to l29th Place Southeast, southwest side only. 144. Southeast 225th Place: from 132nd Place Southeast to 133rd Avenue Southeast, north side only. 145. Southeast 226th Place: from 130 feet east of 127th Avenue Southeast to 128th Avenue Southeast, south side only. 146. Southeast226Ih Place: from 128th Ave- nue Southeast to 129th Place Southeast, north side only. 147. Southeast22Tth Street: from 128th Ave- nue Southeast to 128th Place Southeast, south side only. 148. Southeast 227th Street/l28th Place Southeast: on the curve from Southeast 227th Street to 128th Place Southeast, northwest side only. 149. Southeast 227th Street: from i32nd Place Southeast to 134th Place Southeast, south side only. 150. Southeast 236th Street: from 104th Ave- nue Southeast (SR 515) to 108th Avenue South- east, south side only. 151. Southeast 239th Street: from 102nd Avenue Southeast to 104th Avenue Southeast. 152, SoutheastZ4[thStreet: from 120th Ave- nue Southeast to 116th Avenue Southeast. 153. Southeast 248th Street: from 104th Ave- nue Southeast to 116th Avenue Southeast, south side only. 154. Southeast 248th Street: in front of George Daniels Elementary School. (Revised 6/22)9-46 Kent City Code 155. Southeast 252nd Street: from 200 feet west of l33rd Place Southeast to 135th Avenue Southeast, north side only. 156. Southeast 253rd Place: from 90 feet west of 135th Avenue Southeast to 136th Avenue East, south side only. 157. Southeast 256th Street: from 10lst Ave- nue Southeast to 148th Avenue Southeast. 158. Southeast 260th Street: from 100th Ave- nue SoutheasVgTth Place South to 108th Avenue Southeast. 159. Southeast 264th Street: from 124th Ave- nue Southeast to 127th Avenue Southeast, north side only. 160. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue Southeast, north side only. 161. Southeast 282nd Street: from l32nd Avenue Southeast to l44th Avenue Southeast. 162. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to South 272nd Street. 163. West Cloudy Street: from 4th Avenue North to 5th Avenue North. 164. West Gowe Street: from 6th Avenue South to 300 feet east of 6th Avenue South. 165. West James Street/East James Street/South 240th Street/Southeast 240th Street: from Russell Road to 148th Avenue Southeast. 166. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue South. 167. West Saar Street: from west end of street to 4th Avenue South, south side only. 168. West Sam Street: from West Valley Highway (SR 18lANashington Avenue) to end of street. 169. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 170. West Temperance Street: from Ramsay Way to lst Avenue North. 171. West Valley Highway South/Washing- ton Avenue South/'Washington Avenue North/68th Avenue South: from south city limits to north city limits. 172. West Willis Street/East Willis Street: from 4th Avenue South to Central Avenue South. 173. Woodland Way South: from East Maple Street to South 262nd Street. 9.38.030 B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No. 3790, S 2,3-7-06; Ord. No. 3846, S 1, 7-17-07; Ord. No. 3859, S 1, 9-18-07; Ord. No' 3362, S I, ll-20-07; Ord. No. 3881, S 1, 5-6-08; Ord. No.3918, S 1,6-16-09;Ord. No.3974, S 1,9- 2I-10: Ord. No. 3993, S l, 3-15-11; Ord. No. 4008, S 1, 12-13-11; Ord. No. 4078, S 1, 4-16-13; Ord. No.4223, S 1, 12-13-16; Ord. No.4283, S 1,7'17- 18; Ord. No. 4424, S I,l-4-22; Ord. No. 4428, S 1, 4-t9-22) 9.38.025 Loading zones and passenger loading zones. A. As authorized pursuant to WAC 308-330- 265, 308-330-439, and 308-330-442, the traffic engineer shall have the authority to establish load- ing zones and passenger loading zones at such locations and during said times as posted by the traffic engineer. Except to load and unload vehi- cles, it shall be illegal to park any motor vehicle or other vehicle at any time upon that portion of the road righrof-way established as a loading zone or passenger loading zone as posted by the traffic engineer, unless otherwise indicated. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No.3363, S 1,9-16-97; Ord. No.3974, S 1, 9-21-10; Ord. No. 4428, S I,4-19-22) 9.38.030 Parking in fire lanes - Penalty. A. Parking prohibited. Except when necessary to temporarily avoid conflict with other moving traffic or in compliance with the direction of a police officer, fire official, traffic control sign, sig- nal, or device, no person shall: L Stop, stand, or park a vehicle, whether occupied or not, within any fire lane except: a. Momentarily to pick up or discharge a passenger or passengers; or b. Temporarily for the purpose of and while actually engaged in loading or unloading property. 2. Allow continued violations of this section on private property which they own or manage. 9-47 (Revised 6/22) 9.38.035 B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No.2296, S 2;Ord.No.2434;Ord. No.2615, S 1; Ord. No. 2663, S 1; Ord. No. 2920, S 1(i3.02.030), 4-17-90; Ord. No. 3189, S 1, 10-4- 94; Ord. No. 3963, S 1, 6-15-10; Ord. No. 3974, S 1,9-21-10; Ord. No.4428, S I,4-19-22. Former- ly Code 1986, S 13.02.030) Note - Formerly S 9.38.025. 9.38.035 Electric vehicle parking space - Penalty. A. No person shall park any nonelectric vehicle in a parking space designated as an electric vehicle parking space. B. No person shall park an electric vehicle in an electric vehicle parking space if the vehicle is not connected to charging equipment. C. No person shall park an electric vehicle in an electric vehicle parking space for longer than the posted time. D. It is a violation of this chapter for any person to stop, stand, or park an electric vehicle in an elec- tric vehicle parking space which requires a fee for charging without paying the posted fee. E. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No. 4223,52,12'13-16: Ord. No. 4428,51, 4-r9-22) 9.38.040 Arterial and highway parking prohibited. A. Parking is prohibited on four-lane highways or arterials unless otherwise designated by sign or posting. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No. 2660, S 3; Ord. No. 3189, S 1, 10-4-94; Ord. No. 3974, S 1,9-21-10: Ord. No. 4428,5 1,4- 19-22. Formerly Code 1986, S 10.07.010) Note - Formerly S 9.38.030. Kent City Code 9.38.045 Parking prohibited from 10:00 p.m. to 6:00 a.m. A. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle between the hours of l0:00 p.m. and 6:00 a.m., unless otherwise indi- cated, at the following locations: 1. Green River Road: from a point 600 feet southerly of the north city limits to a point 700 feet southerly of the north city limits, west side only. 2. Green River Road: from a point 600 feet southerly of the north city limits to a point 790 feet southerly of the north city limits, east side only. 3. Green River Road: from a point 955 feet northerly of the south city limits to a point 770 feet northerly of the south city limits, west side only. 4. Green River Road: from a point 915 feet northerly of the south city limits to a point 77 5 feet northerly of the south city limits, east side only. 5. Green River Road: from a point 200 feet northerly of the south city limits to a point 50 feet northerly of the south city limits, west side only. 6. South 203rd Street: from 100th Avenue SE westerly approximately 600 feet to the westerly boundary of Chestnut Ridge Park. 7. SE 276th Place: from the easterly bound- ary of Springwood Park westerly approximately 425 feet to the westerly boundary of Springwood Park, north side. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No. 3328, S 1, 12-10-96;Ord. No. 3352, S 1, 6-17-97; Ord. No. 3934, S 1, 11-3-09; Ord. No. 3974, S 1, 9-21-10; Ord. No. 4424,52, I-4'22; Ord. No. 4428, S 1,4-Lg-22) 9.38.050 Parking prohibited from 4:00 a.m. to 7:00 a.m. A. At such time as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle between the hours of 4:00 a.m. and 7:00 a.m., except Sundays and holi- days, on either side of, unless otherwise indicated, the following locations : 1. Meeker Street: from Fourth Avenue to State Avenue. 2. Gowe Street: from Meeker Street to State Avenue. (Revised 6/22)9-48 Kent City Code 3. Titus Street: from Fourth Avenue to Cen- tral Avenue. 4. First Avenue: from Smith Street to Titus Street. 5. Second Avenue: from Harrison Street to Saar Street. 6. Railroad Avenue: from James Street to Titus Street. 7. State Avenue: from Smith Street to Gowe Street. 8. First Avenue: from James Street to Smith Street. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No. 1972, S 3; Ord. No. 2017, S 3; Ord. No. 2731, S 3; Ord. No. 3189, S 1, 10-4-94; Ord. No' 3974, S t, 9-21-10. Formerly Code 1986, S 10.06.150; Ord. No. 4223, S 3, l2-13-16; Ord. No.4428, S 1,4-19-22) Note - Formerly S 9.38.040. 9.38.055 Parkingin City Hall parking lot and Centennial Center parking garage. Except as provided for under KCC 9.38.070 and 9.38.170, it is illegal to park a vehicle in the park- ing lot between City Hall and the Centennial Cen- ter, or within the Centennial Center parking garage, in violation of this section. A. 1/o general public parking during business hours. Monday through Friday, between the hours of 9:00 a.m. and 6:00 p.m., the parking lot between City Hall and the Centennial Center, and the first floor of the Centennial Center parking garage, are reserved for use by individuals who visit the City Hall campus to attend a city-sponsored event at City Hall, the Centennial Center, or the Kent police department; to conduct business at City Hall, the Centennial Center, or the Kent police department; or to otherwise make use of the amenities or ser- vices offered at City Hall, the Centennial Center, or the Kent police department. Such visitors may park within the City Hall parking lot, or within those spaces on the first floor of the Centennial Center parking garage that are marked or otherwise desig- nated as available for use by visitors, and as limited in time or otherwise restricted by this chapter and official signs or markings. During such business hours, these parking facilities are not otherwise 9.38.060 open for use by the general public. Visitors may not park vehicles in any parking space that is marked or otherwise designated for use by city employees or reserved for city vehicles. B. Reserved parking. The second and third floors of the Centennial Center parking garage, including the ramps leading to and from each floor, are reserved exclusively for use by authorized city employees or to park city vehicles as determined appropriate by the mayor or designee. These park- ing facilities are not otherwise open for use by the general public or visitors to the City Hall campus' C. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No.4239, S 1,3-21-17: Ord. No.4428' S 1, 4-r9-22) 9.38.060 Two-hour parking zones. A. Two-hour parking liniL Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, or the facilities superintendent for municipal parking facilities, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of two hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the fol- lowing streets, parking lots, parking garages, or portions thereof: 1. Centennial parking garage: that portion of the first floor as posted or otherwise marked. A vehicle that displays a valid disabled parking plac- ard or disabled license plate is exempt from the two-hour limitation. 2. City Hall parking lot between City Hall and the Centennial Building: all parking stalls unless otherwise posted or marked. A vehicle that displays a valid disabled parking placard or dis- abled license plate is exempt from the two-hour limitation. 3. Clark Avenue North: from East Smith Street to East Temperance Street, west side only. 4. East Pioneer Street: from Central Avenue North easterly approximately 150 feet to the alley east of Central Avenue North, south side only. 5. First Avenue North and First Avenue South: from a point 200 feet north of West Meeker Street to West Titus Street. 9-49 (Revised 6/22) 9.38.065 6. Railroad Avenue North and Railroad Ave- nue South: from East James Street to East Smith Street, east side only; and from East Smith Street to East Gowe Street. 7. Ramsay Way: from 230 feet east of 4th Avenue North to 350 feet east of 4th Avenue North. 8. Ramsay Way: from 440 feet east of 4th Avenue North to 520 feet east of 4th Avenue North, south side only. 9. Ramsay Way: from 480 feet east of 4th Avenue North to 520 feet east of 4th Avenue North, north side only. 10. Ramsay Way: from 30 feet north of West Temperance Street to 150 feet north of West Tem- perance Street. 11. Second Avenue North and Second Ave- nue South: from West Harrison Street to West Titus Street. 12. State Avenue North and State Avenue South: from East Smith Street to East Gowe Street. 13. West Gowe Street and East Gowe Street: from Fourth Avenue South to Central Avenue South. 14. West Meeker Street and East Meeker Street: from Fourth Avenue to State Avenue. 15. West Harrison Street: from Fourth Ave- nue North to Second Avenue North. 16. West Titus Street: from Second Avenue South to First Avenue South, north side only. Provided, that this section shall not apply on Sundays or holidays. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $30. (Ord. No.3790, S 4,3-7-06; Ord. No.3974, S 1,9- 2l-10; Ord. No. 4114, S 1, 6-3-14; Ord. No. 4239, 52,3-21-17; Ord. No. 4322,51,5'7-19; Ord. No. 4428, S r,4-19-22) 9.38.065 Four-hour parking zones. A. Four-hour parking limit - During business hours. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of four hours between the hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise indicated, the fol- Kent City Code lowing streets, public parking lots, public parking garages, or portions thereof: 1. East George Street: from Central Avenue North to State Avenue North. 2. State Avenue North: from 175 feet south of East George street to north end of road, west side only. 3. Railroad Avenue North and Railroad Ave- nue South: from East Smith Street to East Gowe Street. Provided, that this section shall not apply on Sundays or holidays. B. Four-hour parking limit - At all times. Except as provided for under KCC 9.38.070 and 9.38.170, at such times as the director of public works or designee shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of four hours at any time on either side of, unless otherwise indi- cated, the following streets, public parking lots' public parking garages, or portions thereof: 1. West Smith Street: from 64th Avenue South to Washington Avenue. C. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $30. (Ord. No. 4114, S 1, 6-3-14; Ord. No. 4239, S 3, 3- 2l-17; Ord. No. 4322, S 2, 5-7'19; Ord. No. 4428, s 1,4-19-22) 9.38.070 Holiday parking - Penalty. A. From the day after Thanksgiving until Janu- ary Znd of the following year, all two-hour parking zones shall be considered three-hour parking zones, and it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of three hours between the hours of 9:00 a.m. and 6:00 p.m. on the roadways designated in KCC 9.38.060 as two-hour parking zones. There shall be no enforcement of limited duration parking restric- tions, in those zones designated for two-hour park- ing, on Saturdays during the period from the day after Thanksgiving until January 2nd of the follow- ing year. B. A violation of this section shall be an infrac- tion and punishable by a monetary penalty of $50. (Ord. No. 2444, S 1; Ord. No. 3062, S 4 (10,06.130), 8-18-92; Ord. No. 3189, S r,10-4-94; Ord. No.3963, S 2,6-15-10;Ord. No.3974, S 1,9- (Revised 6/22)9-50 Kent City Code 2l-10; Ord. No. 4114, S 1, 6-3-14; Ord. No. 4428, S 1,4-19'22. Formerly Code 1986, S 10.06.130) Note - Formerly S 9.38.060. 9.38.080 Thirty-minute parkingzones. A. At such times as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor or other vehicle for an uninterrupted period in excess of 30 minutes, between the hours of 9:00 a.m. and 6:00 p.m., unless otherwise indi- cated, at the following locations: 1. First Avenue: the first stall north of Meeker Street on the west side of First Avenue. 2. First Avenue: the first stall south of Meeker Street on the west side of First Avenue. 3. Second Avenue: the first stall south of Meeker Street on the east side of Second Avenue. 4. Second Avenue: the first stall south of Meeker Street on the west side of Second Avenue. 5. Gowe Street: the first stall east of Railroad Avenue on Gowe Street, north side. 6. Fourth Avenue: the stalls north of Titus Street on the east side of Fourth Avenue. 7. Centennial Building: the first four stalls on the east side of the building as posted. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No. 2731, S 1; Ord. No. 2760, S 1; Ord. No. 2959, S 1, i-3-91; Ord. No. 3189, S 1, 10-4-94; Ord. No. 3324, S 2,Il-27-96: Ord. No. 3834, S I, 4-17-07; Ord. No. 3974, S 1, 9-21-10; Ord. No. 4428, S 1, 4-19-22. Formerly Code 1986, s 10.06.230) 9.38.085 Seasonal no parking zone - Lake Meridian. A. At such times as the traffic engineer shall place the appropriate sign, it shall be illegal to park any motor vehicle, or other vehicle or trailer, for the period of May 15th through September 15th of each year, between the hours of 12:00 p.m. and B:00 p.m., at the following locations: 1. 150th Place Southeast: from Southeast 27Znd Street to the end of the road. 2. 270th Place: from 1 50th Place Southeast to the end of the road. 3. 27lst Place: from 150th Place Southeast. to the end of the road, 9.38.100 B. A violation of this section shall be an infrac- tion and shall be punishable by a monetary penalty of $50. (Ord. No. 3463, S 1, 6-15-99; Ord. No. 3974, S 1' 9-2 1-10; Ord. No. 4428, 5 1, 4-19-22) 9.38.090 Parking reserved for physically disabled, penalty. Repealed by Ord. No. 3924. (Ord. No. 2304, SS 1, 3; Ord. No. 2313, S 2; Ord' No.2406, S 1;Ord. No.2613, S 1;Ord. No.3062, S 3,8-18-92;Ord. No.3189, S 1, 10-4-94;Ord. No' 3335, S 1,2-5-97; Ord. No. 4428, S l, 4-Ig-22. Formerly Code 1986, S 10.06.190) Note - Formerly S 9.38.100. 9.38.095 Reparking in same block to avoid citation. A. It shall be an infraction for any person to move and repark a vehicle from one parking space within a parking time limit area to another parking space within a parking time limit area that is within one block of the original parking space. B. It shall be an infraction for any person to move and repark a vehicle parked in a parking lot with a parking time limit to another space within the same parking lot with a parking time limit. C. For the purposes of this section, a block is a city street, roadway, highway, or alley section located between consecutive intersections. D. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No.3974, S 1,9-21-10; Ord. No. 4428,51, 4-re-22) 9.38.100 Compliance with state law. The traffic engineer is directed to obtain from the State Department of Transportation approval and ratification of any no parking zone where required by RCW 47.24.020. (Ord. No. 2303, S 2; Ord. No. 3189, S 1, 10-4-94; Ord. No. 3974, S 1, 9-21-10; Ord. No. 4428,5l,4- 19-22. Formerly Code 1986, S 10.06.200) Note - Formerly S 9.38.110. 9-50.1 (Revised 6/22) 9.38.110 9.38.110 Parking prohibited within 10 feet of mailboxes - Penalty. A. No motor vehicle shall be parked within 10 feet of a clearly visible, residential mailbox which is located directly adjacent to curbside or on a pub- lic rightof-way between the hours of 8:00 a.m. and 6:00 p.m., except Sundays and holidays. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of $50. (Ord. No. 2658; Ord. No. 3189, S 1, 10-4-94; Ord. No. 3963, S 3, 6-15-10; Ord. No. 3974, S 1,9-21- 10; Ord. No. 4428, S I, 4-19-22. Formerly Code 1986, S 10.06.07) Note - Formerly S 9.38.120. 9.38.120 Parking and storage of large vehicles on city streets - Finding. A. The city council finds that the parking and storage of trucks, vans, tractor trailers, semi-trail- ers, and other vehicles, with a maximum gross ve- hicle weight rating that exceeds 14,001 pounds, present unacceptable risks and hazards to public health, safety, and welfare when such vehicles are parked or stored on city streets at times when such vehicles are not engaged in activity. B. The city council also recognizes that, under some circumstances, it may benefit the public health, safety, and welfare to park the above-de- scribed vehicles on certain city streets, and that there should be a mechanism to permit the chief of police to suspend the enforcement of parking re- strictions relating to those vehicles to allow those vehicles to park on city streets temporarily and during certain time frames. (Ord. No. 2916, S 1,4-17'90; Ord. No. 3189, S 1, 10-4-94; Ord. No. 3974, S 1, 9-21-10; Ord. No. 4115, S l, 6-17-14: Ord. No. 4192, S 1, 4-19-16; Ord. No. 4428, S 1,4-19'22. Formerly 9.38.130) 9.38.130 Parking and storage of large vehicles on city streets - Penalty and exemptions. A. Parking prohibited. No vehicle, including a truck, van, trailer, or semi-trailer, whether licensed or unlicensed, with a maximum gross vehicle weight rating that exceeds 14,001 pounds may be stored or parked upon any city street. Kent City Code B. Exemptions. The parking limitation pro- vided in this section shall not apply to the follow- ing: 1. A vehicle that is being actively loaded or unloaded. 2. A vehicle that is being used for the exclu- sive purpose of providing active construction or other hired services to a property at that location, including construction, carpentry, plumbing, land- scaping, and moving services. 3. Recreational vehicles whose parking is regulated under KCC 9.38.145. 4. City of Kent or other government vehicles, public utility vehicles, or emergency vehicles. C. Penalty and impoundment. Any violation of this section shall be an infraction and punishable by a monetary penalty of $250. D. Authority to suspend enforcement. The chief of police shall have the authority to suspend the enforcement of this section in the event he or she, in his or her discretion, determines that suspension of enforcement will benefit the public health, safety, and welfare. Any suspension of enforce- ment of this section shall be in writing, delivered to the office of the mayor, and shall specify the times and dates in which the suspension shall be effec- tive. The suspension ofenforcement shall also sus- pend the enforcement of KCC 9.38.180(A)(15), (B)(6), and (C)(2), as well as applicable sections of KCC 9.38.020. Any truck, vehicle, van, trailer, or semi-trailer parked in accordance with the terms of the suspension of enforcement shall be parked in compliance with applicable requirements of the Revised Code of Washington and the Washington Administrative Code. (Ord. No. 2916, S 2,4-17'90; Ord. No. 3062, S 5, 8-18-92; Ord. No. 3189, S I, 10'4-94; Ord. No. 3850, S I, 8-7-07; Ord. No. 3974, S l, 9-2t'10; Ord. No. 41 15, S l, 6-17-14;Ord. No. 4Ig2,S 2, 4- 19-16; Ord. No. 4214,51, 9-20-16; Ord. No. 4428, S 1,4-lg-22. Formerly 9.38.140) 9.38.140 Parking of certain trailers or semi- trailers - Penalty. A. Except as provided in KCC 9.38.130, no trailer or semi-trailer shall be parked upon any city street unless the trailer or semi-trailer is attached to a vehicle by which it may be propelled or drawn. In case of accident, such trailer or semi-trailer may be moved to the side of the street, and, if a good and (Revised 6/22)9-50.2 Kent City Code sufficient red signal is displayed at both ends of the trailer or semi-trailer during the hours of darkness, such trailer or semi-trailer may be permitted or allowed to remain for a period not exceeding 24 hours pending removal except that such trailer or semi-trailer shall not remain upon any portion of a city street where standing or parking is limited or prohibited for a period longer than is necessary to effect its removal. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of $250. C. The chief of police shall have the authority to suspend the enforcement of this section in the event he or she, in his or her discretion, determines that suspension of enforcement will benefit the public health, safety, and welfare. Any suspension of enforcement of this section shall be in writing, delivered to the office of the mayor, and shall spec- ify the times and dates in which the suspension shall be effective. The suspension of enforcement shall also suspend the enforcement of KCC e.38.180(A)(15), (B)(6), and (C)(2), as well as applicable sections of KCC 9.38.020. Any trailer or semi-trailer parked in accordance with the terms ofthe suspension ofenforcement shall be parked in compliance with applicable requirements of the Revised Code of Washington and the Washington Administrative Code. (Ord. No. 2508, S 2: Ord. No. 2582, S 1; Ord. No. 2916, S 3, 4-17-90; Ord. No. 3062, S 1, 8-18-92; Ord. No.3189, S 1, l0-4-94; Ord. No. 3850, S 2,8- 7-07; Ord. No. 3974, S 1, 9-21-10; Ord. No. 4115, S 1, 6-17-14; Ord. No. 4428, S 1,4-19-22. Former- ly Code 1986, S 10.06.100) Note - Formerly S 9.38. 150. 9.38.145 Parking of recreational vehicles, boats or vessels, and trailers. A. No person shall park any recreational vehi- cle, boat or vessel, or trailer on any street, highway, roadway, alley, or public right-of-way in any resi- dential neighborhood in the city for more than 24 hours. For purposes of this section, the following terms shall have the following prescribed mean- ings: l. Boat or vesse.lshall mean every description of watercraft used or capable of being used as a means of transportation on the water. 9.38.160 2. Recreational vehicleshall be as defined in KCC 8.0e.030(G). 3. Trailer shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public streets and highways. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of $50. (Ord. No.3974, S 1,9-21-10; Ord. No.4428, S I, 4-t9-22) 9.38.150 Parking an unlicensed vehicle or a vehicle with switched license plates or tabs - Penalty. A. No person shall stop, stand, or park a vehicle on a street, highway, roadway, alley, or public property unless the vehicle possesses a license plate and license tab registration that is proper and current for that vehicle. Such license plate and tab registration shall be properly mounted on the vehi- cle in accordance with the State Department of Licensing rules and regulations. B. Any violation of this section shall be an infraction and punishable by a monetary penalty of $50. (Ord. No.2614, S 1; Ord. No.3189, $ 1, 10-4-94; Ord. No. 3963, S 4, 6-15-10;Ord. No. 3974, S 1,9- 2l-10; Ord. No. 4428, S 1,4-19-22. Formerly Code 1986, S 10.06.110) Note - Formerly S 9.38.160 9.38.160 Municipal parkingfacilities regulated - Penalty. A. Municipal parking facilities - Definition. Municipal parking facilities means the adjacent parking lot or parking garage that serves the fol- lowing municipal facilities: Kent City Hall, the Centennial Center, Kent Municipal Court, Kent Corrections Facility, Kent Commons, Riverbend Golf Complex, Kent Senior Center, the parks department's maintenance shop facility, the public works department's operations shop facility, and all parks or recreation facilities owned or operated by the city. 9-50.3 (Revised 6/22) 9.38.170 B. Municipal parking facilities Reserved exclusively for users of municipal facility. Except as otherwise provided by KCC 9.38.055, those parking lots or parking garages that are connected or adjacent to a municipal facility are reserved exclusively for use by individuals who are visiting the municipal facility during its regular hours of operation to attend a city-sponsored event, to con- duct business with the city, or to otherwise make use of the amenities or services offered by the municipal facility. Such visitors may park within those spaces that are marked or otherwise desig- nated as available for use by visitors, and as limited in time or otherwise restricted by the mayor or des- ignee through official signs or markings. During a municipal facility's regular hours of operation, its parking lot is not otherwise open for use by the general public. Visitors may not park vehicles in any parking space within the municipal parking facility that is marked or otherwise designated for use by city employees, for city vehicles, or for other reserved uses or vehicles. It is illegal for a vehicle to be parked in violation of this section. C. Public parking facilities. A public parking lot is available for general use by the public in downtown Kent, which is located adjacent to Titus Street and between Second Avenue and First Ave- nue, as limited in time or otherwise restricted by official signs or markings. D. Penalty. Any violation of this section shall be an infraction and punishable by a monetary pen- alty of $50. (Ord. No. 2407, S 1; Ord. No. 2842, S 2 (10.06.220), 4-4-89; Ord. No. 2857, S 2, 7-5-89: Ord. No. 3189, S 1, 10-4-94; Ord. No. 3324, S 3, ll-27-96: Ord. No. 3963, S 5, 6-15-10; Ord. No. 3974, S 1,9-21-10; Ord. No. 4239, S 4,3-21-17; Ord. No. 4428, S 1,4-lg-22. Formerly Code 1986, s 10.06.220) Note - Formerly S 9.38.170. 9.38.170 Parking permits and passes or exemptions. A. Authority to create and issue - Mayor or designee. The mayor or designee may designate, assign, restrict, and authorize parking within all municipal parking facilities. This authority specif- ically includes the ability to regulate parking through the issuance of parking permits or parking Kent City Code passes that either authorize the bearer to park in a particular place or area, or exempt the bearer from some or all of the parking limitations imposed by this chapter, including the time limitations imposed under KCC 9.38.060 and 9.38.065. B. Form of permits and passes. Permits or passes may be in any form the mayor or designee determines to be appropriate and conspicuous. Such permits or passes should contain a rendition of the city's corporate seal or official logo, the sig- nature of the issuer, or some other means of authentication to identify the bearer as a person who is authorized to park in the applicable loca- tion, or as a person who is exempt from one or more of the parking restrictions established under this chapter, excluding disabled parking stalls. For any permit or pass to be valid, it must be displayed at all times while the vehicle is parked within the applicable location. If the permit or pass is not dis- played, any permission or exemption the permit or pass conveys is ineffective and no infraction shall be dismissed on such basis. C. Exception to permit or pass requirement - Police or government vehicles. Marked police vehicles and other police or government vehicles displaying exempt license plates are exempt from the parking and time restrictions imposed by KCC 9.38.060,9.38.065, and 9.38,160, without the necessity of a permit or pass. D. Residential parking zone manager. The res- idential parking zone manager, appointed pursuant to KCC 9.38.175(C), is authorized to issue tempo- rary parking permits for the personal and business vehicles of city contractors, subcontractors, and their employees for use only while engaged in city contract work that requires such persons to be pres- ent in residential parking zones. E. Human resources department Commute trip reduction program. The city's director of human resources or designee may recommend the mayor or designee issue carpool parking permits under the city's commute trip reduction program, which entitle the bearer to park a vehicle within designated carpool spaces on the first floor of the Centennial Center parking garage, which spaces are exempt from any time limitation otherwise imposed. (Ord. No. 2842,5 3, 4-4-89; Ord. No. 2857,53,7- 5-89; Ord. No. 3189, S 1, 10-4-94; Ord. No. 3324, S 4, 11-27-96; Ord. No. 3908, $ 1, 2-3-09; Ord. No. (Revised 6/22)9-50.4 Kent City Code 3974, S 1, 9-21-10; Ord. No. 4239, S 5,3-21-17; Ord. No. 4424, S 3, l-4-22; Ord. No. 4428, S I, 4- 19 -22. F ormerly 9. 38. 1 80) 9.38.175 Residentialparkingzone. A. Purpose of residential parking zone. The city establishes this residential parking zone (RPZ) program in response to parking concerns expressed by residents of the neighborhood surrounding des- tinations that are expected to generate significant demand for offsite parking in those neighborhoods, and as required to mitigate parking impacts of those destinations. This RPZ program will reserve parking on the surface streets in the RPZs estab- lished herein for neighborhood owners, residents, and their visitors, who might otherwise be dis- placed by visitors to these destinations. B. Residential parking zones established. 1. The following described area, also known as the North Park Neighborhood, is established as Kent RPZ No. 1: that area bounded on the west by Fifth Avenue North, to the south by West James Street, to the north by State Route 167, and to the east by the Burlington Northern main line (First Avenue North). Residential parking zone permits are required at all times to park in Kent RPZ No. 1. 2. The following roadways or portions thereof, within the area known as the Mill Creek Neighborhood, are established as Kent RPZ No. 2: a. Cedar Street: from Clark Avenue North to Jason Avenue North. b. Clark Avenue North: from 150 feet north of East Smith Street to East Temperance Street, east side only. c. Clark Avenue North: from East Temper- ance Street to East James Street. d. East George Street: from State Avenue North to Woodford Avenue North. e. East Temperance Street: from Kenne- beck Avenue North to Jason Avenue North. f. Jason Avenue North: from East Smith Street to East James Street. g. Kennebeck Avenue North: from East Temperance Street to north end of road. h. State Avenue North: from East James Street to 175 feet south of East George Street. i. State Avenue North: 175 feet south of East George Street to north end of road, east side only. 9.38.175 j. Woodford Avenue North: from East James Street to north end of road. Residential parking zone permits are required to park between 8:00 a.m. and 5:00 p.m. on week- days in Kent RPZ No. 2. 3. The following roadways or portions thereof, within portions of Glencarin Division l, Shadow Run, and Jason Lane, are established as Kent RPZ No. 3: a. l?4thAvenue Southeast: from Southeast 208th Street to Southeast 211th Street. b. 125th Avenue Southeast: from Southeast 209th Street to north end of road. c. l?SthAvenue Southeast: from Southeast 209th Street to Southeast 2 I lth Street. d. 126th Avenue Southeast: from Southeast 208th Street to Southeast 2 1 1th Street. e. I27th Place Southeast: from Southeast 208th Street to Southeast 21 1th Street. f. Southeast 208th Place: from 126th Ave- nue Southeast to end of road. g. Southeast 209th Street: from 170 feet west of 124th Avenue Southeast to 125th Avenue Southeast. h. Southeast 209th Court: from 126th Ave- nue Southeast to end of road. i. Southeast 21Oth Court: from 126th Ave- nue Southeast to end of road. j. Southeast 21Oth Court: from 127th Place Southeast to end ofroad. k. Southeast 2lOth Place: from 124th Ave- nue Southeast to end of road. l. Southeast 21Oth Street: from 124th Ave- nue Southeast to end of road. m. Southeast 211th Street: from 125 feet west of 124th Avenue Southeast to I24th Avenue Southeast. n. Southeast?llth Street: from 12Sth Ave- nue Southeast to 160 feet east of 127th Place Southeast. Residential parking zone permits are required between 10:00 a.m. and 2:00 p.m. on weekdays during the months of September through June, excluding holidays, to park in Kent RPZ No. 3. C. RPZ nanager.The mayor will appoint from city staff the RPZ manager who shall administer the RPZ program as set forth in this section. The duties of the RPZ manager may be carried out by more than one person and may be delegated to the 9-50.5 (Revised 6/22) 9.38.175 customer services division of the city's finance department as appropriate. D. Residential parking zone permif. When properly issued and displayed, an RPZ permit or a visitor parking permit will authorize a vehicle to park within the RPZ for which the permit was issued. A property is included within the RPZ only if its address includes, and/or sole access to the property is via, a street that is within the RPZ. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observ- ing zones where parking is otherwise prohibited, including but not limited to permanent or tempo- rary no parking zones, loading zones, fire zones, and all zones where parking is regulated or prohib- ited by other applicable laws or regulations of this code. E. Permit eligibility. I. Zone owners and residenfs. Permits may be issued only to persons who own property or reside in the RPZ established by subsection (B) of this section. At this time, all permits will be issued to RPZ owners and residents free of charge. 2. Resident visitors. The RPZ manager may issue additional permits to each residence within the RPZ for temporary use by residents' visitors. Visitor permits may not be sold or redistributed for any purpose. 3. Government vehicles. Government vehi- cles will not be required to obtain permits for the purpose of conducting official business in the North Park Neighborhood. Government vehicles associated with the conduct of business at the Kent Events Center may not park in the RPZ. F. Use and validity of permits. 1. The RPZ permit is valid only if displayed on the rear left window of the vehicle and only for so long as the permit holder owns or controls the vehicle and resides at the address for which the per- mit was issued. 2. A visitor parking permit shall be valid only if the hang tag is hung from the vehicle's rearview mirror. G. Issuance of permits. The RPZ manager will send four RPZ window decals to the owner of record and to the occupant of each dwelling unit or residence within the RPZ. In addition, the RPZ manager will send 15 hang tag visitor permits to each owner of record and the occupant of each dwelling unit or residence for temporary use. Each Kent City Code permit issued shall contain the number of the RPZ for which it was issued and a serial number for the permit, together with such other information as determined by the RPZ manager. The RPZ man- ager is authorized to issue additional RPZ and/or visitor permits, if a demonstrated need exists. Any RPZ resident may make application for additional necessary permits by returning to the RPZ manager a completed application supplied by the city iden- tifying the additional permits required and the rea- son for the request. Additional permits will be issued at the discretion of the RPZ manager and at no cost at this time. H. Proof of ownership or residence. The fol- lowing will be sufficient proof of ownership or res- idence within the RPZ: i. Appearance as owner of record on the King County recorder's office website; or 2. A valid driver's license showing residence at a current address located within the RPZ; or 3. A deed, lease, rental agreement, or other document which, at the discretion of the RPZ man- ager, establishes residency, and which shows resi- dency within the RPZ. I. Revocation or denial of permits - Cause. Any of the following shall be cause for the revocation or suspension of RPZ permits and/or visitor permits by the RPZ manager: 1. The making of any false or misleading statement in application for a permit. 2. The transfer to an unauthorized person or address. 3. The alteration of a permit in any respect in order to gain privileges not authorized by the per- mit. 4. The display on a vehicle of a permit that has been suspended or revoked. 5. The sale of a permit and the receipt of any- thing of value in exchange for a permit. J. Revocation or denial of permits - Process.If the RPZ manager finds that an RPZ permit or a vis- itor permit should be revoked or denied for any of the reasons set forth in subsection (l) of this sec- tion, the RPZ manager will send a written notice of revocation or denial to the permit holder, which notice shall contain the following information: 1. That the permit is denied or will be revoked not sooner than 10 calendar days from the date of the letter. (Revised 6/22)9-50.6 Kent City Code 2. The reasons for permit revocation or denial. 3. That unless a written notice of appeal is filed with the community development director not later than 10 calendar days from the date of the notice of revocation or denial, the permit will be deemed finally revoked or denied. 4. That the basis for the appeal must be con- tained in the written notice of appeal. K. Revocation or denial - Appeal. An applicant aggrieved by the RPZ manager's revocation or denial of an RPZ or visitor permit may file a notice of appeal with the community development direc- tor who upon consideration of the written docu- mentation submitted in the notice of revocation or denial and the notice of appeal will affirm, reverse, or modify the revocation or denial decision, or order suspension for a specified period. L. Violation - Penalty. It shall be a parking infraction to park within anRPZ unless the parked vehicle properly displays a valid RPZ permit or a visitor parking permit. Any violation of this section shall be an infraction punishable by a monetary penalty of $50. (Ord. No. 3894, S 1, 11-18-08;Ord. No. 3974, S 1, 9-21-10; Ord. 4322, S 3, 5-7-19; Ord. No. 4428, s 1,4-19-22) 9.38.180 Stopping, standing, or parking prohibited in specified places. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic con- trol device, no person shall: A. Stop, stand, or park a vehicle: 1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. 2. On a sidewalk or street planting strip. 3. Within an intersection. 4. On a crosswalk. 5. Between a safety zone and the adjacent curb or within 30 feet of points on the curb imme- diately opposite the ends of a safety zone, unless official signs or markings indicate a different no parking area opposite the ends of a safety zone. 6. Alongside or opposite any street excava- tion or obstruction when stopping, standing, or parking would obstruct traffic. 7. Upon any bridge or other elevated struc- ture upon a highway or within a highway tunnel. 9.38.180 8. On any railroad tracks. 9. In the area between roadways of a divided highway including crossovers. 10. Outside of the limits of an individual parking stall or parking space designated for vehic- ular on-street parking. An individual parking stall or parking space is that portion of the paved sec- tion of the roadway, of sufficient length and depth from the sidewalk curb to accommodate a vehicle to be parked, as shall be specified and marked by the city. 11. Within a marked bicycle lane, which is that portion of the paved section of the roadway specified and marked by the city for the movement of bicycles on the roadway. 12. Upon any portion of the street, roadway, or public way for the purpose of doing any work on, maintaining, or repairing any vehicle, except for those repairs necessitated by an emergency. 13. Upon any portion of the street, roadway, or public way for the principal purpose of display- ing the vehicle for sale or for advertising services for vehicles. 14. Alongside or adjacent to any traffic island, which is the curbed area in a roadway from which traffic is excluded. 15. At any place where official signs prohibit stopping. B. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: 1. In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; 2. Within 15 feet of a fire hydrant; 3. Within 20 feet of a crosswalk; 4. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic con- trol signal located at the side of a roadway; 5. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted; or 6. At any place where official signs prohibit standing. C. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: 9-50.7 (Revised 6/22) 9.38.185 L Within 50 feet of the nearest rail of a rail- road crossing; or 2. At any place where official signs prohibit parking. D. Parking or standing shall be permitted in the manner provided by law at all other places, unless otherwise prohibited by this chapter. E. No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful. F. It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose ofstopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. G. Any violation of the provisions of this sec- tion shall be an infraction and punishable by a monetary penalty of $50. (Ord. No. 3974, S 1, 9-21-10; Ord. No. 4428, S 1, 4-r9-22) 9.38.185 Parking too far from the curb. A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. B. Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the righr hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left- hand wheels within 12 inches of the lefrhand curb or as close as practicable to the left edge ofthe left- hand shoulder. C. Angle parking shall only be allowed as pro- vided for in this chapter or elsewhere in the Kent City Code. D. Any violation of the provisions of this sec- tion shall be a traffic infraction and punishable by a monetary penalty of $50. (Ord. No.3974, S 1,9-21-10; Ord. No. 4428,51, 4-19-22) Kent City Code 9.38.190 Penalty for violation of certain sections. Any violation of any section of this chapter for which no penalty is specifically provided shall be an infraction and punishable by a monetary penalty of $50. (Ord. No. 1972, S 5; Ord. No. 2303, S 3; Ord. No. 23i3, S 1; Ord. No. 2731, S 4; Ord. No. 2928, S 1, 6-19-90; Ord. No. 3062, SS 2 (10.06.190), 4 (10.06.i90), B-18-92; Ord. No. 3189, S 1, l0-4-94; Ord. No.3963, S 6,6-15-10; Ord. No.3974, S 1,9- 2I-10: Ord. No.4239, S 6,3-21-17: Ord. No.4428, Sl,4-19-22. Formerly Code 1986, SS 10.06.170, 10.06.210) Note - Formerly S 9.38. 180. 9.38.195 Failure to respond - Penalty. Any person who fails to respond to a notice of infraction relating to parking shall, in addition to all other penalties and assessments, be assessed a penalty of $25 for failing to respond. For the pur- poses of this section, a person shall be deemed to have failed to respond if he or she fails to timely pay any required penalty as stated on the notice of infraction or as required by the court, or fails to appear at the properly scheduled hearing to contest or mitigate the parking infraction. (Ord. No.4065, S l,12'11-12; Ord. No. 4428, S 1, 4-ts-22) 9.38.200 Flood emergencyhazardous materials parking zone. A. Purpose of the flood emergency hazardous materials parking zone. The city establishes this flood emergency hazardous materials parking zone (FEHMPZ) program for the purpose of providing upland parking for commercial motor vehicles car- rying hazardous materials, as hereinafter defined, from city businesses when such materials must be relocated to avoid potential hazardous materials release. This program will allow for hazardous material truck parking on certain upland public rights-of-way to the extent of available capacity. This program does not excuse any person or entity responsible for hazardous materials from proper protection, handling, and storage of such hazard- ous materials. (Revised 6/22)9-50.8 Kent City Code B. Definitions. L Commercial motor vehicle means any self- propelled or towed motor vehicle used on a high- way in interstate commerce to transport passengers or property when the vehicle: a. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kilo- grams (10,001 pounds) or more, whichever is greater; or b. Is designed or used to transport more than eight passengers (including the driver) for compensation; or c. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or d. Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under Title 49 CFR, Subtitle B, Chapter I, Subchapter C. 2. Flood emergency means an emergency declared by the mayor, the county executive, the Governor, or federal officials by reason of floods or potential floods in the vicinity of the city. 3. Hazardous material means a substance or material which has been determined by the Secre- tary of Transportation to be capable of posing a risk to health, safety, and property when transported in commerce, and which has been so designated. C. Flood emergency hazardous materials park- ing zone established. Up to three lanes of South 23lst Street west of the Green River Bridge to the intersection of Military Road South. D. FEHMPZ manager. The city emergency manager shall administer the FEHMPZ program as set forth in this section. The duties of the FEHMPZ manager may be carried out by more than one per- son and may be delegated to the fire prevention staff as appropriate. The FEHMPZ manager will adopt such rules and procedures as are necessary for notice of availability of the FEHMPZ for park- ing and for its management. E. FEHMPZ permits. When properly issued and displayed, an FEHMPZ permit, in the form of a hang tag, will authorize a vehicle to park within the FEHMPZ during a flood emergency. The per- mit will not guarantee a parking place nor shall it allow the permitted vehicle to block private access 9.38.200 to abutting properties or fire zones. The FEHMPZ manager will determine the capacity of the FEHMPZ zone and issue, on a first-come, first- served basis, only so many permits as the FEHMPZ will accommodate vehicles. F. Permit eligibility. L Kent businesses. Permits will be issued only to owners of licensed city businesses which business shall require the use and/or storage of haz- ardous materials. 2. Vehicles. Each permit will be issued for a specific commercial motor vehicle. Vehicles with trailers will be required to remain attached during the duration of their use of the FEHMPZ. Vehicles and trailers will be required to have their wheels chocked. 3. Government vehicles Government vehi- cles will be permitted to park in the FEHMPZwith- out permits. G. Use and validity of permits - Fee. 1. The FEHMPZ permit shall be valid only if the hang tag is hung from the vehicle's rearview mirror and only so long as the permit holder owns or controls the vehicle and maintains the business for which the permit was issued. 2. Each permit, unless terminated under sub- section (G) (1) of this section or revoked by the FEHMPZ manager, shall expire on June 30th of each calendar year. 3. A $100 administrative fee shallbe charged for each permit issued to help defray the cost of administering the FEHMPZ program. H. Issuance of permits. 1. Each permit applicant shall submit an application to the FEHMPZ manager along with a copy of the business license and vehicle registra- tion(s). The application shall be upon a city form with such information as the FEHMPZ manager shall require. Such information shall include, but not be limited to, proof of insurance as required by the city risk manager. Upon request, the applicant will appear in person to show the original business license and vehicle registration(s). Each applicant shall agree, in writing, that submission of an appli- cation is not a guarantee of a parking place and does not excuse any compliance with any state, local, or federal regulations respecting hazardous materials or otherwise. 2. The FEHMPZ manager shall issue up to two permits suitable for display for each approved 9-50.9 (Revised 6/22) 9.38.200 application to Kent businesses that are members of the local emergency planning committee. Other Kent businesses will then be issued permits on a first-come, first-served basis until capacity within the FEHMPZ is exhausted. 3. Each permit shall show the date of expira- tion together with a license plate number and such other information as the FEHMPZ manager shall require. l. Revocation or denial of permits - Cause. Any of the following shall be cause for the denial or revocation of the FEHMPZ permit: 1. The unavailability of capacity in the FEHMPZ. 2. A false or misleading statement in the application for permit. 3. The transfer of a permit to an unauthorized business or vehicle by sale or otherwise. 4. The alteration of a permit in any respect. J. Revocation or denial of permit - Process.If the FEHMPZ manager finds that an FEHMPZ per- mit should be revoked or denied for any of the rea- sons set forth in subsection (l) of this section, the FEHMPZ manager will send a written notice of revocation or denial to the permit holder at the business address, which notice shall contain the following information: 1. That the permit is denied or will be revoked not sooner than 10 calendar days from the date ofthe letter. 2. The reasons for the permit revocation or denial. 3. That unless a written notice of appeal is filed with the FEHMPZ manager not later than 10 calendar days from the date ofthe notice ofrevoca- tion or denial, the permit will be deemed finally revoked or denied. 4. That the basis for the appeal must be con- tained in the written notice of appeal. K. Revocation or den'al - Appeal. An applicant aggrieved by the FEHMPZ manager's revocation or denial of a permit may file a notice of appeal with the FEHMPZ manager, who shall submit the same to the city hearing examiner. The hearing examiner, upon consideration of the written docu- mentation submitted in the notice of revocation or denial and the notice of appeal, will affirm, reverse, or remand the revocation or denial. Kent City Code L. Violation - Penalty and remedial action. Any violation of this section shall be an infraction punishable by a monetary penalty of $50. A vehicle may be towed and impounded if it is determined that such remedial action is needed to preserve the public health, safety, and welfare, including during an emergency flood event; provided, however, that all other rules and regulations regarding traffic, transportation, and the public righrof-way will be in effect during such times as an emergency flood event is not in effect. (Ord. No. 3991 S t,2-15-11; Ord. No. 4428, S 1, 4- rs-22) (Revised 6/22)9-50.10 Kent City Code Sections: 9.39.010 9.39.020 9,39.030 9.39.040 9.39.050 9.39.060 9.39.070 Chapter 9.39 TOWING* Purpose. Removal by police officer. Impoundment for driving while license suspended or revoked or operation of motor vehicle under other license while suspended. Notice of impound. Hearing to contest impound or charges. Authorization to impound. Authority to enforce. 9.39.030 9.39.020 Removal by police officer. The law allows a police officer to tow and impound vehicles in a number of circumstances, including when a vehicle is located within a public space, the vehicle's removal is needed to preserve public health, safety, and welfare, and the police officer has first pursued reasonable alternatives before exercising their discretion to have the vehi- cle removed and towed to a place of safety. In addi- tion to those tows and impounds generally authorized under the law or the Model Traffic Ordinance adopted through KCC 9.36.010, a police officer may additionally authorize a vehicle be towed if it is found standing or parked in viola- tion of RCW 46.61.570. (Ord. No. 3464, S 2,7-6-99; Ord. No.4030, S 1,2- 2I-12: Ord. No. 4427,51,4'5-22) 9.39.030 Impoundment for driving while license suspended or revoked or operation of motor vehicle under other license while suspended. A. Impoundment of vehicles authorized. 1. Whenever the driver of a vehicle is arrested for a violation of driving while license suspended or revoked (RCW 46.20.342) or operation of motor vehicle under other license or permit prohibited while license is suspended or revoked (RCW 46.20.345), as these provisions are currently enacted or hereafter amended, the vehicle is sub- ject to impoundment at the direction of a law enforcement officer. 2. It shall be the responsibility of the owner or other person lawfully charged with possession of a vehicle to ensure that any person driving such vehi- cle has a valid license. It shall not be a defense to impoundment or to the payment of any of the costs of impound that the owner or other person lawfully charged with the vehicle was not aware that the driver's license was suspended, revoked, or other- wise invalid. B. Impoundment periods. 1. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(I)(c) (driving while license suspended or revoked in the third degree) or 46.20.345, the vehicle shall be redeemable immediately pursuant to subsection (B)(6) of this section. 2. If a vehicle is impounded because the driver is arrested for a violation of RCW *Cross reference(s) - Duties of the parking enforcement aide, s 2.22.060. 9.39.010 Purpose. This chaptershallbe known and cited as the tow- ing ordinance and shall supplement Chapter 46.55 RCW which is currently adopted in KCC 9.36.010 (Model Traffic Ordinance). In the event that a con- flict exists between the provisions of this chapter and Chapter 46.55 RCW, this chapter shall prevail. Other than impounds authorized under RCW 46.55.1 13 (1) and (2) (e) which include a mandatory period of impoundment, an officer's decision to have a vehicle towed and impounded under Chapter 46.55 RCW is remedial in order to preserve the public health, safety, and welfare by removing obstructions and hazards in public ways and spaces, and securing and protecting property, both public and private. An impound decision is not punitive in nature. Therefore, if a police officer elects to have a vehicle towed and impounded under Chapter 46.55 RCW, the police officer shall not also issue an infraction for any civil violation that relates solely to the manner in which the vehicle is parked, stopped, or otherwise located. This limitation, how- ever, does not apply to any criminal charges or to any infractions issued for moving, licensing, regis- tration, inspection, or insurance violations. (Ord. No.3464, S 2,7-6-99: Ord. No.4030, S 1,2- 21-12: Ord. No. 4427,51,4-5-22) 9-50.11 (Revised 6/22) 9.39.030 46.20.342(I)(a) (driving while license suspended or revoked in the first degree) or a6.20.3a2(1)(b) (driving while license suspended or revoked in the second degree) and the Washington Department of Licensing's records show that the driver has not been convicted of a violation of RCW 46.20.342(I)(a) or (b) or equivalent local ordi- nance within the past five years, the vehicle shall be impounded for 30 days. 3. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(I)(a) or (b) and the Washington Depart- ment of Licensing's records show that the driver has been convicted one time of a violation of RCW 46.20.342(I)(a) or (b) or equivalent local ordi- nance within the past five years, the vehicle shall be impounded for 60 days. 4. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(l)(a) or (b) and the Washington Depart- ment of Licensing's records show that the driver has been convicted of a violation of RCW 46.20.342(I)(a) or (b) or equivalent local ordi- nance two or more times within the past five years, the vehicle shall be impounded for 90 days. 5. At the conclusion of the applicable period of impoundment, if any, the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or autho- rization and signs a receipt therefor, may redeem an impounded vehicle. A tow company may use any reasonable means necessary to confirm that the person redeeming the vehicle is authorized to redeem the vehicle, and neither the city nor the tow company shall be responsible for any loss resulting from a delay during the time in which the tow com- pany is confirming authorization. 6. Prior to redeeming the impounded vehicle, any person redeeming a vehicle impounded pursu- ant to this section shall pay the tow company for the costs of impoundment, including removal, tow- ing, and storage fees accrued as a result of the impoundment. The tow company shall accept pay- ment as provided in RCW 46.55.120 and other applicable statutes as currently enacted or hereafter amended. If the vehicle was impounded pursuant to this section and was being operated by the regis- tered owner when it was impounded, it may not be released to any person until all traffic-related pen- Kent City Code alties, fines, and forfeitures owed by the registered owner have been satisfied. 7. A vehicle impounded pursuant to this sec- tion may be inventoried incident to the impound of the vehicle pursuant to the laws of the state of Washington and the United States. With the excep- tion ofpersonal property seized by a police officer, personal property contained within an impounded vehicle shall continue to be the responsibility of its owner, or the person driving the vehicle, and shall be dealt with pursuant to the requirements of RCW 46.55.090 and other applicable statutes as now enacted or hereafter amended. Property which is attached to the vehicle with electronic wiring, or by bolts, screws, glue, or other adhesive material, shall be considered a component of, or a part of, the vehicle for purposes of impoundment. C, Economic or personal hardship petition. The court is authorized to release a vehicle towed and impounded pursuant to this section prior to the expiration of any period of impoundment provided for under subsection (B) of this section. l. Persons who may file a petition The fol- lowing individuals may file a petition seeking early release of a vehicle subject to a mandatory hold under this section: a. The owner of the vehicle who was not the driver, provided they state under penalty of perjury that they were unaware the driver was suspended or revoked at the time of impoundment; or b. A family member or dependent person of the driver who is suffering economic or personal hardship due to the unavailability of the vehicle. 2. Manner in which petition filed. A petition under this section shall be filed in accordance with the provisions set forth in KCC 9.39.050 for other hearings requested under this chapter. 3. Matters considered by the court.In consid- ering a petition filed under this section, the court shall consider: (a) any prior economic or hardship petition that may have been flled; (b) the threat to public safety that may result from the release of the vehicle, including, without limitation, the driver's criminal history, driving record, license status, and access to the vehicle; and (c) any other evidence relevant to the petitioner's economic or personal hardship petition. If the court authorizes a vehicle's release prior to expiration of the impound hold, the person redeeming the vehicle must satisfy the (Revised 6/22)9-50.12 Kent City Code redemption requirements of subsections (B)(5) and (6) of this section. 4. No duty created. The court's decision to release the vehicle pursuant to this section shall not create any duty to protect any individual, nor shall it impart any costs, fees, or other financial obliga- tions associated with the removal, towing, and/or storage of the vehicle to the city, provided the removal, towing, and/or storage were lawful under the Kent City Code or the Revised Code of Wash- ington. Further, neither the decision to release the vehicle, nor any determination of facts at a hearing under KCC 9.39.050, shall provide a defense in any subsequent criminal prosecution, or have any collateral estoppel effect or preclude litigation of those same facts in a subsequent criminal prosecu- tion. (Ord. No.3464, S 2,7-6-99; Ord. No.3569, S 1, B- 7-0i; Ord. No. 4030, S 1,2-21-12; Ord. No. 4427, s t,4-s-22) 9.39.040 Notice of impound. When a vehicle is impounded, the tow truck operator shall send notice to the legal and regis- tered owners as required by RCW 46.55.110 and other applicable statutes as now enacted or hereaf- ter amended. (Ord. No. 4427 , S r, 4-5-22) 9.39.050 Hearing to contest impound or charges. In accordance with RCW 46.55.120, any person seeking to redeem an impounded vehicle has a right to request a hearing, without a jury, in the Kent municipal court to contest the validity of the impound or the amount of towing and storage costs. Absent good cause as provided for in subsec- tion (B)(3) of this section, failure to timely request a hearing pursuant to this section shall constitute a waiver of the right to a hearing. A. A request for a hearing must: 1. Be in writing in a form approved by the administrator of the Kent municipal court; 2. Be signed by the person contesting the impound; 3. Be received by the Kent municipal court within 10 days of the date the notice of impound- ment was mailed or given to such person pursuant to RCW 46.55.110 or 46.55.120(2)(a), whichever 9.39.050 is later, and more than five days before the date of the auction; and 4. Be accompanied with the required filing fee. At the time of filing the request for hearing, the petitioner must pay to the court a filing fee in the amount of $39. The court, in its discretion, may waive this filing fee upon proof by competent evi- dence that the person who is requesting the hearing is indigent as that term is defined in RCW 10.101.010(3), as currently enacted or later amended. B. The hearing shall be provided as follows: 1. The court, within five days after a proper request for a hearing has been received, shall set the hearing date and send notice of the date, time, and location of the hearing to the registered and legal owners of the vehicle or other item of per- sonal property registered or titled with the Depart- ment of Licensing, the person requesting the hearing if not the owner, the tow truck operator, and the person or agency authorizing the impound. 2. If the vehicle is still impounded at the time the written request for a hearing is received, the court shall set the hearing within seven days of receipt of the written request. The hearing, how- ever, may be set beyond this time period if reason- ably necessary to secure the presence ofwitnesses. If the vehicle has been released from impound at the time the written request is received, the court shall set the hearing within 45 days of receipt of the written request. 3. Any person seeking a hearing who has failed to request such hearing within the time requirements set forth in subsection (A) of this sec- tion may petition the court for an extension to file a request for hearing. Such extension shall be granted only upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed and only in the event that notice of the auction ofthe vehicle has not been published by the tow company pursuant to the requirements of RCW 46.55.110, 46.55.130, and other applicable statutes as now enacted or hereafter amended. a. For the purposes of this section, good cause shall be defined as circumstances beyond the control of the person seeking the hearing that pre- vented such person from filing a timely request for hearing. In the event such extension is granted, the date of granting the extension shall be treated as the date the hearing request was received. In the event 9-50.1 3 (Revised 6/22) 9.39.050 that an extension is granted, additional fees result- ing from the storage of the vehicle caused by the delay in the hearing shall be paid by the person requesting the extension, regardless of whether the impound is determined to be lawful or unlawful. b. If a person fails to file a request for hear- ing within the time periods required, and no exten- sion to file a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the registered owner is liable for any towing, storage, or other impoundment charges as provided for by Chapter 46.55 RCW. c. For the purposes of this section, any computation of time shall be in accordance with RCW 1.12.040. d. Delivery of notices required by this sec- tion shall be deemed proper three calendar days after the date such notice is sent by regular first class mail, or in any other manner reasonably cal- culated to reach the intended recipient. For the pur- poses ofdelivering notices required by this section, the address of the intended recipient which is either listed on a citation issued by a police officer, or which appears on any record maintained by or for the Department of Licensing, or which appears on any document or correspondence filed with the court by the intended recipient, shall be an appro- priate and accurate address of the intended recipi- ent. 4. Hearings shall, at the discretion of the court, be held by a judge, commissioner, judge pro tempore, or magistrate of the Kent municipal court, who shall determine whether the impoundment was proper and/or whether the associated removal, towing, storage, and any administrative fees were proper. The court may not adjust fees or charges that are in compliance with the posted or con- tracted rates; the purpose of these fees is to cover tow and impound costs associated with remedial tows authorized under Chapter 46.55 RCW and not to punish the individual. 5. The court may consider the criminal cita- tion, any civil infraction, the authorization to impound created pursuant to KCC 9.39.060, and any other written report made under penalty of per- jury submitted by the city of Kent or other impounding agency in lieu of the officer's personal appearance at the hearing. In evaluating any tow or impound under KCC 9.39.030, the court may also Kent City Code consider an abstract of driving record and electron- ically printed registration information, without fur- ther evidentiary foundation, which collectively with any other records, shall constitute prima facie evidence ofthe status ofthe driver's or contestant's license to drive a motor vehicle, the proper period of impoundment, or the ownership of the impounded motor vehicle. The person requesting a hearing under this section may subpoena wit- nesses, including the officer, and has the right to present evidence and examine witnesses present in court. 6. The burden of proof is upon the city to establish that the tow and impound were proper by a preponderance of the evidence. 7. If the tow and impound are found to be proper, the court shall enter an order so stating. For impounds made under KCC 9.39.030, the court's order shall provide that the impounded vehicle shall be released only after the applicable impound period has expired and the redemption require- ments of KCC 9.39.030(B)(5) and (6) have been satisfied. The court shall grant time payments only in cases of extreme financial need, and only after a finding of such extreme financial need, and only where there is an assured and effective guarantee of payment. Tow companies who contract with the city are required to abide by any orders issued by the Kent municipal court under this chapter. 8. If the tow and impound decision of the police officer is found to be improper, the court shall enter an order so stating and order the imme- diate release of the vehicle. If the tow and impound costs have already been paid, the court shall order the city to refund the person who previously paid those costs. If the tow and impound is determined to be improper, and a filing fee was paid, the city shall also refund the filing fee to the payor. 9. In the event the court finds that the tow and impound was proper, but the costs associated with the vehicle's removal, towing, storage, or adminis- trative fees were not in compliance with the posted or contracted rates, the court shall determine the correct fees to be charged. If the tow and impound costs have been overpaid, the court shall order a refund by the tow company of the tow and impound costs that were overpaid. If the tow and impound costs are found to have been overpaid, the city shall reimburse the filing fee to the payor. (Revised 6/22)9-50.14 Kent City Code 10. No determination of facts made at a hear- ing under this section shall have any collateral estoppel effect on a subsequent criminal prosecu- tion, and such determination shall not preclude lir igation of those same facts in a subsequent criminal prosecution. 11. The hearing procedures set forth in this subsection shall apply only to hearings set pursuant to this section. (Ord. No. 4427,5I, 4-5-22) 9.39.060 Authorizationtoimpound. When an officer authorizes the impound of a motor vehicle pursuant to this chapter, such autho- rization shall state the basis for the impound; the ordinance or statute which authorizes the impound; the date, time, and place of the impound; and the officer who authorized the impound. Such authori- zation shall be delivered to the tow company within 24 hours of the impoundment. The tow company shall deliver the authorization to impound to the registered and legal owners of the vehicle with the other required information and within the time period required by RCW 46.55.1i0. (Ord. No.3464, S 2,7'6-99; Ord. No.4030, S 1,2- 2l-12; Ord. No. 4427, Sl, 4-5-22. Formerly 9.39.040) 9.39.070 Authority to enforce. The chief of police, or their designee, and the court are hereby authorized to implement such administrative procedures as may be necessary to carry out the provisions of this chapter, including any necessary contracts with tow companies to respond to calls for service. (Ord. No. 4427 , S l, 4-5-22) 9.40.030 Chapter 9.40 SPEED LIMITS Findings. State speed law applicable. Streets and speed limits. Approval of State Highway Commission. Regulation of speed by traffic signals Violations. Sections: 9.40.010 9.40.020 9.40.030 9.40.040 9.40.050 9.40.060 9.40.010 Findings. The Kent Traffic Code adopts by reference the Model Traffic Ordinance, set forth in Chapter 308- 330 WAC. The Model Traffic Ordinance, pursuant to WAC 308-330-270, and RCW 46.61.415, set forth the procedure for a municipality such as the city of Kent to determine and declare the maximum speed limits on city arterials, streets, and other rights-of-way, and allows such to be done by reso- lution after an engineering and traffic investigation by the traffic engineer. The city council finds that it is necessary and appropriate to adopt an ordi- nance relating to the establishment of vehicular speed limits on certain designated streets in the city as authorized by state law. (Ord. No. 3188, S 1, 10-4-94) 9.40.020 State speed law applicable. The state traffic laws regulating the speed of vehicles, RCW 46.61.400 through 46.61.475, shall be applicable upon all streets within this city, except as this chapter, as authorized by state law, declares and determines upon the basis of engi- neering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event, it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this chapter when signs are in place giving notice thereof. (Ord. No. 3188, S 1, 10-4-94) 9.40.030 Streets and speed limits. Pursuant to RCW 46.61.a00(2)(a), all city streets within the city limits shall have a speed limit 25 miles per hour to be in effect at all times except those streets and/or parts of streets 9-50. I 5 (Revised 6/22) Kent City Code This page left intentionally blank. (Revised 6/22)9-50.16 Kent City Code which shall have speed limits to be in effect at all times, as established by city council resolution, pursuant to the Model Traffic Ordinance set forth in KCC 9.36.010, more specifically, WAC 308- 330-270 and RCW 46.61.415, which resolution shall be on file in the city clerk's office. (Ord. No. 3188, $ 1, 10-4-94) 9.40.040 Approval of State Highway Commission. The city traffic engineer is directed to obtain from the Washington State Department of Trans- portation any approval which may be required by R:CW 47.24.020, and to see that proper signs are posted along any highway or portion thereof for which such approval is required, notifying the pub- lic of the legal speed limit thereon. (Ord. No. 3188, $ l, 10-4-94) 9.40.050 Regulation of speed try traffic signals. The traffic engineer is authorized to regulate the timing of traffic signals so as to permit the move- ment of traffic in an orderly and safe manner. (Ord. No. 3188, $ l, 10-4-94) 9.40.060 Violations. Violation of any of the speed limits established pursuant to this chapter, and any city council reso- lution established hereunder, shall be considered to be a traffic infraction and shall be punishable by a monetary amount that may be detennined by stat- ute, ordinance or coutt rule. (Ord. No. 3188, $ 1, 10-4-94) 9.41.060 9.41.070 9.41.010 Purpose and policy declared. A. It is the express purpose of this chapter to provide for and to promote the health, safety, and welfare of the general public and not to create, establish, or designate any particular class or group of persons who will or should be especially pro- tected or benefited by the terms of this chapter. B. It is the specific intent of this chapter to place the obligation of cornplying with its tetms upon any person falling within its scope. No provision of this chapter is intended to impose any duty upon the city of Kent or any of its officers, employees, or agents for any damage or injury resulting from the failure of a person to comply with this chapter. Implementation and enforcement of this chapter by the city of Kent and its officers or employees shall be discretionary and not mandatory. This chapter is not intended to form the basis for liability of the city of Kent, or any of its officers, employees, or agents, in the event that a person is injured or prop- erty is damaged as a result of the failure of any per- son to comply with its terms. (Ord. No. 3465, $ 1,7-6-99) 9.41.020 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: A. Bicycle means every device propelled solely by human power upon which a person or persons may ride, having two (2) tandem wheels, either of which is eight (8) inches or more in diameter, or three (3) wheels, any one of which is more than twenty (20) inches in diameter. The term oobicycle" shall include any child-seat, trailer, side-car, or other device attached to a bicycle. A device meet- 9.41.020 Chapter 9.41 BICYCLE HELMETS Purpose and policy declared. Definitions. Bicycle hehnet required. Bicycle races and events - Bicycle helmet required. Bicycle on lease or loan - Bicycle helmet to be provided. Helmet sales - Safety standards. Enforcement. Sections: 9.4 1 .0 l0 9.41.020 9.41 .030 9.41.040 9.41.050 9-51 (Revised 12l99) 9.41.030 ing the definition of a bicycle shall be considered a bicycle notwithstanding the fact that training wheels are affixed to the device. B. Guardian means a person legally responsi- ble for the care and management of a person under the age of sixteen (16). "Guardian" shall include the parent, a person with legal custody, a person with temporary custody, or a person who is tempo- rarily caring for the child. C. Child means a person under the age of six- teen (16). D. Approved bicycle helmet means a head cov- ering designed to protect the head that meets or exceeds safety standards adopted by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell Foundation. E. Public area means the public roadways, sidewalks, bicycle paths, parks, public property, public rights-of-way, and publicly owned facilities within the city limits of the city of Kent. (Ord. No. 3465, $ 1,7-6-99) 9.41.030 Bicycle helmet required. A. Any person riding a bicycle, including a pas- senger on a bicycle or a person in tow of a bicycle, upon any public area, shall wear an approved bicy- cle helmet and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion. B. No person shall transport another person on a bicycle or in tow of a bicycle upon any public area, unless the passenger is wearing an approved bicycle helmet. Each person transported in viola- tion of this subsection shall be considered a sepa- rate offense chargeable to the person in control of the bicycle. C. The guardian of a child is responsible for requiring that the child under his or her care wears an approved bicycle helmet while bicycling, or riding as a passenger on a bicycle or in tow of a bicycle, in any public area, and that the child has the neck or chin strap of the helmet fastened securely. Each child not wearing an approved bicy- cle helmet in violation of this section shall be con- sidered a separate offense chargeable to the parent or guardian. D. It is a defense to this section for a person wearing an unapproved bicycle helmet that the hel- met was furnished in conjunction with his or her Kent City Code lease of the bicycle by a person engaged in the business of leasing bicycles and that the helmet was fastened securely while bicycling' (Ord. No. 3465, $ 1,7-6-99) 9.41.040 Bicycle races and events - Bicycle helmet required. The person managing, organizing, or promoting a bicycle race, tour, or event shall include notice of the bicycle helmet requirement on all promotional brochures and on all registration materials. (Ord. No. 3465, $ 1,7-6-99) 9.41.050 Bicycle on lease or loan - Bicycle helmet to be Provided. A. Any person regularly engaged in the busi- ness of renting or loaning (e.g., "a test drive") a bicycle for use in any public area shall have an approved bicycle helmet available, shall offer such helmet to the person renting or borrowing the bicy- cle, and shall retain proof that such person was offered the use of an approved bicycle helmet. B. Each rental or lease in violation of this sec- tion shall constitute a separate offense. (Ord. No. 3465, $ 1,7-6-99) 9.41.060 Helmet sales - Safety standards. No person who is regularly engaged in the sell- ing of bicycle helmets shall sell or offer for sale a bicycle helmet that does not meet or exceed the safety standards approved in KCC 9.41.020(D). Each sale in violation of this section shall consti- tute a separate offense. (Ord. No. 3465, $ 1,7-6-99) 9.41.070 Enforcement. A. Any person who violates any provision of this chapter shall have committed a traffic infrac- tion punishable by a monetary penalty in the amount of twenty-five dollars ($25). B. In the event that a person is charged with a violation of KCC 9.41.030, the court may, upon proof that the person has not been cited with a pre- vious violation of this chapter or a similar ordi- nance, and upon proofthat the person has obtained an approved bicycle helmet and upon presentation of a receipt therefor, may dismiss the charge. (Ord. No. 3465, $ 1,1-6-99) (Revised 12l99)9-52 Kent City Code Chapter 9.42 UNLAWFUL RACE ATTENDANCE Sections: 9.42.010 9.42.020 Definitions. Unlawful race attendance - Prohibited. 9.42.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section shall apply through- out this chapter. A. Public place means an area, whether pub- licly or privately owned, generally open to the pub- lic and includes, without limitation, the doorways and entrances to buildings or dwellings and the grounds enclosing them, streets, sidewalks, bridges, alleys, plazas, parks, driveways, and park- ing lots. B. tlnlawful race eventmeans an event wherein persons willfully compare or contest relative speeds by operation of one or more motor vehicles or wherein persons willfully demonstrate, exhibit, or compare speed, maneuverability, or the power of one or more motor vehicles, in a straight or curved direction, in a circular direction, around corners, or in circles in an activity commonly referred to as "drifting," or by breaking traction. (Ord. No. 3557, S 1, 6-5-01; Ord. No. 3738, S 1, 4- 5-05; Ord. No. 4391, S 1, 2-16-21) 9.42.020 Unlawful race attendance - Prohibited. A. Any person (1) who has actual or construc- tive knowledge that he or she is in attendance of an unlawful race event and (2) who has actual or con- structive knowledge that an unlawful race event is occurring, has occurred, or is about to occur, and (3) was there with the intent to observe or support or encourage the unlawful race event is guilty of a misdemeanor. B. The circumstances which may be considered in determining whether a violation of subsection (A) of this section has occurred shall include, but not be limited to: 1. The unlawful race event occurred in a des- ignated "No Racing Zone" as defined in KCC 9.43.030; 9.42.020 2. The person is associating with persons rac- ing in an unlawful race event; 3. The person, by admission, is in attendance of an unlawful race event with the intent to observe or support or encourage the unlawful race event; 4. Statements of other persons who are shown to be in attendance of an unlawful race event which provide evidence that the person intends to observe or support or encourage an unlawful race event; 5. The person either operates or is a passenger in a vehicle that shares the attributes of other vehi- cles that are in attendance of the unlawful race event or which are engaging in, about to engage in, or which have engaged in an unlawful race; 6. The person either operates or is a passenger in a vehicle which is driven in such a manner as to show evidence of an attempt to flee or escape detection when a police officer arrives on the scene of an unlawful race event; or 7. The person has no reasonable alternative purpose for being in the area in which the unlawful race event is occurring, is about to occur, or which occurred. (Ord. No.3557, S 1,6-5-01;Ord. No.3598, S 1,4- 16-02: Ord. No. 3738, S 1, 4-5-05; Ord. No. 3921, s 1, 6-16-09) 9-53 (Revised 5/21) Sections: 9.43.005 9.43.010 9.43.005 Chapter 9.43 STAY OUT OF AREAS OF RACING - SOAR 9.43.040 Findings. Stay Out of Areas of Racing - Abbreviation. SOAR orders. SOAR orders - Issuance. SOAR orders - Designated "No Racing Zones." SOAR orders Violation. 9.43.005 Findings. The zones listed in KCC 9.43.030 are fre- quented by illegal racers and those who attend ille- gal races. These zones attract illegal street racers and their spectators as the roads are straight, wide, and long, and traffic during the dark hours is not heavy. It is in these zones that street racers and their spectators cause damage to pavement, curb- ing, and street striping. Due to the volume of peo- ple that attend illegal street races in these zones, which can number in the hundreds, adjacent pri- vate property owners suffer economic loss due to the trash, human waste, and graffiti that is left behind. Street racers also cause damage to this pri- vate property by destroying planters and vegetation and parking lot black top. In addition, due to the high volume of people who attend illegal street races, there is a severe risk of danger to the street racers and their spectators. Spectators crowd the streets as vehicles race close by at excessive speeds. This uncontrolled racing environment has been known to cause serious injuries and death around the country. The zones listed in KCC 9.43.030 suffer a much higher incidence of illegal street racing and race attendance than other zones or areas of the city. (Ord. No. 3738, S 2,4-5-05) 9.43.010 Stay Out of Areas of Racing - Abbreviation. As used in this title, the acronym "SOAR" rep- resents "Stay Out of Areas of Racing." (Ord. No. 3557, S 2, 6-5-01; Ord. No. 3738,52,4- 5-05) Kent City Code 9.43.015 SOAR orders. A SOAR order prohibits persons from engaging in racing or unlawful race attendance within a "No Racing Zone," as set forth in KCC 9.43.030. (Ord. No,3557, S 2,6-5-01;Ord. No.3598, S 2,4- 16-02; Ord. No. 3738, S 2, 4-5-05) 9.43.020 SOAR orders - Issuance. A. The municipal court may issue a SOAR order to any person charged with racing, unlawful race attendance, reckless driving associated with race activity, or trespass associated with race activ- ity as a condition of pre-trial release, sentence, or deferred sentence. B. A person is deemed to have notice of the SOAR order when: 1. The signature of either the person named in the order or that of his or her attorney is affixed to the bottom of the order, which signature shall sig- nify the person named in the order 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 his or her attorney, has appeared in person before the court at the time of issuance of the order. C. The written SOAR order shall contain the court's directives and shall bear the statement: "Violation of this order is a criminal offense under KCC 9.43.030 and will subject the violator to arrest. " (Ord. No. 3557, S 2, 6-5-01; Ord. No. 3738, S 2, 4- 5-05) 9.43.030 SOAR orders - Designated "No Racing Zones." A. Designated zones. The SOAR order may apply to any of the following "No Racing Zones"'. 1. 54th Avenue South from South 228th Street to the end of the road at the 22500 block. 2. 58th Place South from Russell Road to South 194th Way. 3. 59th Place South from South 21Zth Street to South 199th Place. 4. 62nd Avenue South from South 199th Place to South 190th Street. 5. 64th Avenue South from James Street to South 212th Street. 6. 72nd Avenue South from 220th Street to South 180th Street. 9.43.015 9.43.020 9.43.030 (Revised 5/21)9-54 Kent City Code 7 . 76th Avenue South (signage reads 76th Avenue) from South 228th Street (signage reads 228th St.) to South 212th Street. 8. 80th Avenue South from l96th Street to South 180th Street. 9. B5th Avenue South from South 202nd Street to South l98th Street. 10. BTth Avenue South from South 208th Street to South 198th Street. i1. 89th Avenue South (signage reads 89th) from the 20400 block to South 198th Street. 12. South 180th Street from 68th Avenue South (West Valley Highway) to 84th Avenue South (East Valley Highway). 13. South 190th Street from 62nd Avenue South to 68th Avenue South. 14. South 194th Street and 58th Place South from 66th Avenue South to Russell Road. 15. South l99th Place from 59th Place South to 68th Avenue South (West Valley Highway). 16. South 202nd Street from B4th Avenue South (East Valley Highway) to B9th Avenue South. 17. South 226th Street from 54th Avenue South to 64th Avenue South. B. Adjoining areas included These "No Racing Zones" include any highway, as that term is defined in RCW 46.04.197, together with adjoin- ing property areas (such as sidewalks, entryways, landscaped areas, and parking areas) if those adjoining areas are being used for racing or unlaw- ful race attendance. C. Posting of signs. These "No Racing Zones" shall be designated by the placement of clear and conspicuous signs at all highway entrances to the No Racing Zone. At a minimum, these signs must include the following statements: "No Racing Zone; Race Attendance Prohibited; KCC 9.42.020." (Ord. No.3557, S 2,6-5-01;Ord. No.3598, S 3,4- 16-02; Ord. No. 3738, S 2,4-5-05; Ord. No. 3921, s 2,6-16-0e) 9.43.040 SOAR orders - Violation. A. In the event a police officer has probable cause to believe that a person has been issued a SOAR order as a condition of pre-trial release or a sentence imposed by the court and, in the officer's presence, the person is seen violating or failing to comply with any requirement or restriction set 9.43.040 forth in the SOAR order, the officer may arrest the violator without warrant for violation of the SOAR order and shall bring that person before the court that issued the order. B. When a SOAR order is issued pursuant to this chapter and the person so named in the order has notice of the order, a violation of any of the provisions of the SOAR order is a gross misde- meanor and shall be punishable by a fine not to exceed five thousand dollars ($5,000) or imprison- ment not to exceed more than one (1) year, or both. (Ord. No. 3557, S 2, 6-5-01; Ord. No. 3738, S 2,4- 5-05) 9-54.1 (Revised 9/09) Kent City Code This page left intentionally blank. (Revised 9/09)9-54.2 Sections: 9.44.010 9.44.020 9.44.030 9.44.040 9.44.050 9.44.060 9.44.070 9.44.080 Kent City Code Chapter 9.44 MOTORIZED WHEELED TRANSPORTATION DEVICES 9.44.050 9.44.020 Prohibitedareas. A. The operation or use of motorized wheeled transportation devices shall not be permitted in or upon the following areas: 1. Improved or natural surface recreational trails. 2. Parks. 3. Publicly owned or operated parking lots' 4. Streets with a maximum speed limit in excess of twenty-five (25) miles per hour. B. Motorized wheeled transportation devices shall not be permitted on sidewalks; provided, that motorized wheeled transportation devices may be operated upon sidewalks that are adjacent to streets that have aspeed limit in excess of twenty-five (25) miles per hour; provided further, that when the operation of a motorized wheeled transportation device on a sidewalk is lawful, the device shall not be operated on the sidewalk at a speed in excess of five (5) miles per hour, and the operator must, at all times, yield to pedestrian or bicycle traffic. (Ord. No. 3707, S 1,9-7-04) 9.44.030 Times of operation. A. A motorized wheeled transportation device shall not be operated between the hours of 9:00 p.m. and 7:00 a.m. B. A motorized wheeled transportation device operated during the "hours of darkness," as that phrase is defined in RCW 46.04.200, shall display a white light to the front of the device that is visible from a distance of five hundred (500) feet from the front ofthe device, and a red light on the rear ofthe device that is visible from a distance of five hun- dred (500) feet from the rear of the device. (Ord. No. 3707, S 1,9-7-04) 9.44.040 Age of operator. No person under the age of thirteen (13) shall operate a motorized wheeled transportation device. (Ord. No. 3707, S 1,9-7-04) 9.44.050 Helmetrequired. Any person operating or riding upon any motor- ized wheeled transportation device shall, at all times, wear a "motorcycle helmet" as that term is defined in RCW 46.37.530, or an approved bicycle helmet certified by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell Definition. Prohibited areas. Times of operation. Age of operator. Helmet required. Brakes required. Noise. No more than one (1) person permitted - Towing or pulling prohibited. Operator to abide by rules applicable to bicycles. Negligent operation - Prohibited. Parental responsibility. Recreation or entertainment business that uses motorized wheeled transportation device. Violation - Penalty. 9.44.100 9.44.1t0 9.44.120 9.44.090 9.44. 130 9.44.010 Definition. For the purposes of this section, a motofized wheeled transportation device shall mean any device which has no more than two (2) wheels, is propelled by an elec[ic or liquid fuel motor, and is intended to transport a person on or across land. A motorized wheeled transportation device shall include, but shall not be limited to, a "motorized foot scooter" as that term is defined in RCW 46.04.336, and any electric or gas powered scooter, power board, motor powered skateboard, minia- ture motorcycle, pocket bike, or miniature chopper, regardless of the manner in which the device is designed; provided, that a motorized wheeled transportation device shall not include any of the following as defined in the referenced RCW: RCW 46.04.169 Electric-assisted bicycle. 46.04.1695 Electricpersonalassistive mobility device. 46.04.304 Moped. 46.04.330 Motorcycle. 46.04.332 Motor-driven cycle. 46.04.415 Power wheelchair. 46.04.710 Wheelchair conveyance. (Ord. No. 3707, S 1, 9-7-04) 9-55 (Revised 12l04) 9.44.060 foundation, and shall have the chin strap fastened securely while the motorized wheeled transporta- tion device is in motion. (Ord. No. 3707, S 1, 9-7-04) 9.44.060 Brakesrequired. Motorized wheeled transportation devices shall be equipped with brakes that will enable the oper- ator to make the braked wheels skid on dry, level, clean pavement. (Ord. No. 3707, S 1, 9-7-04) 9.44.070 Noise. A. The operation of a motorized wheeled trans- portation device shall be subject to the provisions of KCC 9.02.200, Public disturbance. B. No motorized wheeled transportation device powered by a liquid fuel motor shall be operated unless such device is equipped with a properly working muffler that is designed to reduce the noise produced by the device. (Ord. No. 3707, S 1,9-7'04) 9.44.080 No more than one (1) person permitted - Towing or Pulling prohibited. A. No more than one person shall operate or ride upon a single motorized wheeled transporta- tion device at the same time. In the event that more than one person operates or rides upon a single device at the same time, each person operating or riding the device shall be in violation of this sec- tion. B. No person operating a motorized wheeled transportation device shall tow or pull another per- son behind such device. In the event that a person is towed or pulled behind a motorized wheeled transportation device, the person operating the motorized wheeled transportation device and the person being towed or pulled shall be in violation of this section. (Ord. No. 3707, S 1, 9-7-04) 9.44.090 Operator to abide by rules applicable to bicycles. Except as provided in this chapter, every person operating a motorized wheeled transportation device upon a roadway shall have the same rights and duties as operators of bicycles. (Ord. No. 3707, S 1,9-7'04) Kent City Code 9.44.100 Negligent operation - Prohibited. The negligent operation of a motorized wheeled transportation device shall be prohibited. For the purposes of this section, the term negligent shall mean the failure to exercise ordinary care, and is the doing of some act that a reasonably careful per- son would not do under the same or similar circum- stances or the failure to do something that a reasonably careful person would do under the same or similar circumstances. It is an affirmative defense to negligent operation of motorized wheeled transportation device that must be proved by the defendant by a preponderance of the evi- dence that the operator was operating the motor- ized wheeled transportation device on private property with the consent of the owner in a manner consistent with the owner's consent. (Ord. No. 3707, S 1, 9-7-04) 9.44.110 Parental responsibility. A parent or guardian who has custody of any child or ward under the age of eighteen (18) shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this sec- tion. (Ord. No. 3707, S 1, 9-7-04) 9.44.120 Recreationorentertainment business that uses motorized wheeled transportation device. This chapter shall not apply to any properly zoned, located, and licensed business in which motorized wheeled transportation devices are uti- lized for recreation or entertainment on the prop- erty of the business. (Ord. No. 3707, S 1, 9-7-04) 9.44.130 Violation - Penalty. A violation of any provision of this chapter shall be punishable by the imposition of a monetary pen- alty in the amount of one hundred fifty dollars ($ 150). The court may also order a person found to have committed a civil infraction to make restitu- tion. A. Kent municipal court - iurisdiction. The Kent municipal court shall have jurisdiction to adjudicate, in accordance with applicable laws, any violation of this chapter; provided, that in the event (Revised 12104)9-56 Kent City Code jurisdiction over a juvenile lies with another court, that other court shall havejurisdiction to adjudicate the offense. B. Penatty - immediately payable. Whenever a monetary penalty is imposed by a court under this section, it is immediately payable. If the person is unable to pay at that time, the court may grant an extension of the time period within which the pen- alty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civiljudgments and may notify the prosecuting authority of the failure to pay. (Ord. No. 3707, S l,g-7'04) 9.44.130 9-57 (Revised 12l04) EXHIBIT B Ordinance No. 4436 Adopted July 19, 2022 ORDINANCE NO. 4496 AN ORDINANCE of the City Council of the City of Kent, Washington, declaring an emergency and amending Chapter 9.02 of the Kent City Code, entitled "Criminal Code," to: (i) adopt by reference new civil infractions and crimes enacted by the state Legislature during its 2021 and 2O22 sessions for application and enforcement in the City of Kent; and (ii) make other housekeeping amendments to the criminal code to update changes rnade to the Revised Code of Washington titles, adopt other misdemeanor crimes that were not previously adopted by specific reference and adopt Class C felony crimes that may be used as a basis to support the crime of criminalattempt or criminal conspiracy, which is punishable as a gross misdemeanor. RECXTALS A, During its 2021 and 2022 legislative sessions, the Washington State Legislature adopted a number of bills that added new criminal provisions to the Revised Code of Washington ("RCW"),I 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, Through I These new offenses lncludel violatlon of various types of court orders; carrying a weapon on the state capltol; failure to pay an exclse tax; failure to pay or converslon of funds meant for 988 behavioral health emergency line; prohibltlons on large capacity magazines, untraceable flrearms, and unfinished frames. Crimlnzl Csde Amcndmsnb' 2027 and 2022 Stttc Lagistttlvc Ssssions 1 Section 9.02.A20, the Kent City Code has adopted nearly all misdemeanors, gross misdemeanors, and Class C felonies contained in the RCW. However, to provide clarity as to new crimes that didn't previously exist, the Kent City Code is hereby amended to specifically name new state law provisions. B. Although the City of Kent has broadly adopted by reference virtually all state criminal statutes through Kent City Code Section 9.02,020, this ordinance is being presented as an emergency measure out of an abundance of caution, to address a recent challenge to the Kent Municipal Court's jurisdiction. While the challenge lacks legal merit, the risk of an adverse ruling and the gap in services that could emerge while the City appeals is an undue risk. It is of overwhelming importance that the physical safety of victims be maintained, and therefore to remove any potential ambiguity or question of the Munlcipal Court's ability to enforce protection orders, this ordinance is advanced as an emergency to be retroactlvely effective as of the date each state law adopted by reference took effect. With respect to the changes applicable to protection orders, that date is July 1' 2022, C. While updating the criminal code to add these new crimes, staff made other housekeeping amendments to reflect changes made to the Revised Code of Washington titles, and incorporated into the ordinance other misdemeanor crimes that were not previously adopted by specific reference.2 D, removed.l A reference to a repealed section of the RCW has also been 2 These offenses include: improper disclosure of Department of Licenslng information; sale of noxious weed seed; disclosure of tax information; various agrlcultural and envlronmental crimes, 3 This repealed offense was advertising cures of lost sexual potency, Addltionally' several offenses related to protective orders were repealed or recodified. crimlnal Coda Afirendmcnts' lOZt ,nd 2022 St'ls Lcgidattve Sessrons 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: oRDINAII|CE SECTION 7. - Adaption * Sectlon 9,Q2.045. A new Section 9'02.045 of the Kent City Code, entitled "RCW Chapter 4.24, entitled 'Special Rights of Action and Special Immunities' - Adoption by reference," is adopted as follows: Sec. 9.02.045. RCW Chapter 4.24t entitled "special Rights of Action and Special Immuniti€s" - 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 4.24.L30 Action for change of name - Fees SECTION 2,'Amendmsnt - Sgctian 9.02'05-A. Section 9'02'050 of the Kent City Code, entitled "RCW Title 7, entitled'special Proceedings and Actions'- Adoption by reference." is amended as follows: Sec. 9.02,050. RCW Title 7, entitled "special 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 fofth herein in full: RCW 7,2L.0tO Crlmlnal Coda Amcndments' 2A2l tnd 2022 Statc Legidauve Scssloas 3 Definitions. 7,2L.O20 7,7t.430 7,2L.A44 7.21.050 7.21.070 7.80.120 7.80.150 7.80.160 7.84.060 Sanctions - Who may imPose. Remedial sanctions - Payment for losses. Punitive sanctions * Fines. Sanctions - Summary imposition - Procedure. Appellate review, Monetary penalties - Restitution. Notices - Record of - Cancellation prohibited, penalty - Audit' Failure to exercise notice options - Failure to satisfy penalty, Response to notice - Contesting determination * Mitigating circumstances - Hearing - Failure to respond or appear - Penalty. 7.84.100 MonetarYPenalties. 7.84.130 Failure to pay or cornplete community restitution - Penalty. 7:99;O9g Eurelen oflprosf Issuanee of proteetion-order*' Rernedies Viel.atienr. 7,9S,1*9- Fx parte temBorary sexual assault proteetion erders* {sft}anee *9*,130 *Ex parte temperary<rde- fer preteetion Issuanee' ffi ffii€n&' 7#+g30-Fetitirsft -f€r€f d€f ;ffi 7#lh€€'s**-$effieeof-orders: +;g4=eHer'uee-gfpt#tieatise.ermai+" tq.gMies- false pgtitions. s cfiou 1. - Amendment - segtion 9.a2"06Q. Section 9.02.060 of the Kent City Code, entitled "RCW Title 9, entitled 'Crimes and Punishments' - Adoption by reference," i5 amended as follows: sec. 9.o2.05o. Rcw Title 9, entitled "crimes and Punishments" - Adoption by reference. The following RCW sections, as currently Crimlnal Code Amendments' 2O27 and 2022 Stats Legislatlve Sesslons 4 enacted or as hereafter amended or recodified frorn 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' 9.01.130 Sending letter, when complete. 9,02.050 Concealing birth. 9,O2.12O Unauthorized abortions - Penalty. 9.02.130 Defenses to prosecution. 9.02.L7Q 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 Falseadvertising. ' 9.04.050 False, misleading, deceptiveadvertising. g.O4.O7O 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.g,08.070 Pet animals - Taking, concealing, injuring, killing, etc. Penalty, 9.08.072 Transferring stolen pet animal to a research institution PenaltY.g.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 lransferring stolen pet animal to a research institution by a U.5.D.A. licensed dealer - Penalty. 9.08.078 lllegal 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 Counterfett mark * Intellectual property. 9.16.035 Counterfeiting - Penalties' 9.16.041 Counterfeit items - Seizure and forfeiture' Crimlnal Coda Amandmanls - 2O2, and 2oZ2 S*ttt Lcgislativa Sesstotts 5 9.16.050 9.16,060 9.16.070 9.16.080 9.16.100 9,16. 1 10 9,16.120 9,16.130 9.16.140 9.16.150 9,18.080 9. 18.120 9.18.130 9,18,150 9.24.010 9,24.040 9.26A.090 9.264.100 9.26A.110 9.26A.120 9.264,130 9.26A.140 When deemed affixed. Fraudulent registration of tradema rk. Form and similitude defined. Petroleum products improperly labeled or graded - Penalty.. Use of the words "sterling silver," etc. Use of words "coin silver," etc, Use of the word "sterling" on mounting' Use of the words "coin silver" on mounting, Unlawfully marking article made of gold' "Marked, stamped or branded" defined. Offender a competent witness. Suppression of competitive bidding. Collusion to prevent competitive bidding - Penalty' Agreements outside state. Fraud in stock subscription. Corporation doing business without license' Telephone company credit cards - Prohibited acts. Definitions. Fraud in obtaining telecommunications service - Penalty, Fraud in operating coin-box telephone or other receptacle' Penalty for manufacture or sale of slugs to be used for coin, Unauthorized sale or procurement of telephone records - Penalties - Defi nitions, Interference, obstruction of any court, building, or residence - Violations. Definitions. Improperly obtaining financial information. Identity theft, Soliciting undesired mail. False representation concerning credit. False statement by deposit account applicant' False representation concerning title. Digital signature violations. Operating engine or boiler without spark arrester. Tampering with fire alarm or firefighting equipment - False alarm - Penalties. Terms defined, Unlawful possession of firearms - Ownership, possession by certain persons - Restoration of ri$ht to possess - Penaltiggy. Carrying firearms. Exceptions to restrictions on carrying firearms. Concealed pistol license - Application - Fee - Renewal. Delivery to ineligible persons. Dealer deliveries regulated - Hold on delivery * Fees authorized, Dealer licensing and registration required. Crlminal Code Amendmants' 2O27 and 2A22 Sfalc Lqisletlve Sassrons 9 9 9 9 9.27.O15 9.35,005 9.35.010 9.35.020 9.35.030 9.38.010 9,38.015 38.020 060 040 9.41.010 9.41.040 9.41.050 9.41.060 9.41.070 9.4r,080 9.41.090 100 38 40 40 6 9.41,100 9.41.110 9.41.113 9.41, 115 9,47.L20 9.41.140 9,4L,77r 9.41.t73 9.4L,175 9.41.190 9.4L.220 9.41.230 9.4L.240 9.41.250 9.4L.757 9.4L.260 9,4L,274 9.41.280 9.4L.282 Dealer's licenses, by whom granted, conditions, fees Ernployees, fingerprinting and background checks * Wholesale sales excepted - Permits prohibited. Firearm sales or transfers Background checks Requirements - ExcePtions. Penaltles - Violations of RCW 9.41.113. Firearms as loan security. Alteratlon of identifylng marks - Exceptions. Alien possession of firearms - Requirements - Penalty' Alien possession of firearms - Alien firearm license - Political subdivisions may not modify requirements - Penalty for false statement. Alien possession of firearms - Possession without license * Conditions. Unlawful firearms - Exceptions. Unlawful firearms and parts contraband. Aiming or discharging firearms, dangerous weapons. Possession of pistol or semiautomatic assault rifle by person from eighteen to twenty-one, Dangerous weapons - PenaltY. Dangerous weapons - Application of restrictions to law enforcement, firefighting, rescue, and military personnel. Dangerous exhibitions, Weapons apparently capable of producing bodily harm Unlawful carrying or handling - Penalty - Exceptions. Possessing dangerous weapons on school facilities - Penalty - Exceptions. Possessing dangerous weapons on child care premises - Penalty - Exceptions c 41 744 inn danoernlrs weabons at votino rilitiec - Penaltv - ExceBtions. 9.4L.29A State preemPtion. 9.41.300 Weapons prohibited in certain places Local laws and ordinances - Exceptions * Penalty. 9.41.305 Open carry of weapons prohibited on state capitol orounds and municipal buildinos. 9.4L.325 Undetectable or untraceable firearms - Penalties. 9*.41.320. Untraceable firearrr0s - Exc.eplio.n5 : Le-n?lIies. 9.41.327 U.Ofinished fr:ames-pr receivers :-Fxceptlons - Psn.alties. 9.41.335 Failure to register as felony firearm offender. 9.41.345 Return of privately owned firearm or concealed pistol license by law enforcement agency - Duties - Notice - Exception' 9,41.350 Voluntary waiver of firearm rights * Procedure - Penalty - ExemPtion from Public disclosure. 9,41.360 Unsafe storage of a firearm. 9.41.800 Surrender of weapons or licenses - Prohibition on future possession or licensing. Criminal Code Afiendmants - 2O27 and 20.22 Sf'fF Legislatlve Sessions 7 9.41,810 9.44.080 9.45.060 9.45.070 9.45.080 9.45.090 9.45.100 9.45.160 9.45.774 9.45.210 9.45.220 9.45.260 9.45.270 9.46.0201 9.46.0205 e.46,0209 9.46.0213 9,46.02L7 9.46.022L 9.46,02?.5 9.46,0229 9.46.0233 9,46.0237 9.46.424L 9.46.Q245 9.46.0249 9.46.0253 9.46,0257 9.46,0261 9.46,0265 9.46.0269 9.46.0273 9,46.0277 9.46.0282 9.46.0285 9.46.0289 9.46.170 9,46.185 9.46.190 9.46.195 9.46.196 9,46.1951 9.46.L962 Penalty. Misconduct in signing a Petition' Encumbered, leased, or rented personal property Construction. Mock auctions. Fraudulent removal of Property. Knowingly receiving fraudulent conveyance. Fraud in assignment for benefit of creditors. Fraud in liquor warehouse receipts. Penalty. Altering sample or certificate of assay. Making false sample or assay of ore. Fire piotection sprinkler system contractors - Wrongful acts. Fraudulent flling of vehicle report of sale. "Amusement game." "Bingo." "Bona fide charitable or nonprofit organization." "Bookmaking." "Commercial stimulant. " "Commission." "Contest of chance." "Fishing derby." "Fund-raising event.' "Gambling." "Gambling device." "Gambling information. " "Gambling premises." "Gambling record." "Lottery." "Member," "bona fide member." "Player. " "Professional gambling. " "Punchboardsr" "PUl l-tabs. " "Raffle. " "social card game." "Thing of value." "Whoeverr" "persorl. " False or misleading entries or statements, refusal to produce records. Causing person to violate rule or regulation. Violations relating to fraud, er--deceit --aEef!ru_--9rmisreBresenting" betting. oriamblinq : Penalty' Obstruction of public servant - Penalty. Cheating - Defined, Cheating in the first degree. Cheating in the second degree' Crlmlnal Code Amendmeats - 2O21 and 2AZZ Statr. Legislativc Sessrons I 9,46,198 Working in gambling activity without license as violation - Penalty. 9.46.215 Ownership or interest in gambling device Penalty Exceptions. 9,46.2L7 Gambling records - Penalty - Exceptions. 9,46.22L Professional gambling in the second degree. 9.46.222 Professional gambling in the third degree. 9.46.728 Gambling activities by persons under age eighteen prohibited - Penalties - Jurisdiction - In-house controlled purchase programs authorized. 9,46,24A Gambling information, transmitting or receiving- 9.47.080 Bucket shop defined. 9.47.090 Maintaining bucket shop - Penalty. 9.47.fiA Written statement to be furnished * Presumption. 9.47A.010 Definition. 9.47A.Q20 Unlawful inhalation - Exception. 9.47A,030 Possession of certain substances prohibited, when. 9.47A.04A 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 Telephoneharassrnent. 9.6L.240 Telephone harassment - Permitting tetephone to be used. 9.61,250 Telephone harassment - Offense, where deemed committed. ffi.9,62.010 Malicious prosecution. 9.62.020 Instituting suit in name of another, 9.66.010 Public nuisance. 9.56.020 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 afticles, 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. Crlminal Coda Amcndmants' 2027 and 2022 St',tg LcAlslaciva Sossionr 9 9.68,080 9.68.100 9.68.110 9.68.130 9.68.140 9,684.011 9.684.050 9.684.060 9.684.070 9.684.07s 9.684.080 9.68A.090 9.68A.102 9.68A.103 9.68A,110 9,684,120 9.68A.150 9.69.100 9.72.O90 9.73.010 9.73.420 9.73.030 73.050 73.O70 73.080 73.090 9.73.100 9,73.110 9.73.230 9 9 9 9 Unlawful acts. Exceptions to RCW 9.68.050 through 9.68-120. Motlon picture operator or projectionist exempt, when. "sexually explicit material" - Defined - Unlawful display. Promoting pornography - Class C felony - Penalties' Definitions. Dealing in depictions of minor engaged in sexually expliclt conduct. Sending, bringing into state depictions of minor engaged in sexually explicit conduct, Possession of depictions of minor engaged in sexually explicit conduct. Viewing depictions of a minor engaged in sexually explicit conduct. Reporting of deplctions of a minor engaged in sexually explicit conduct - Civil immunity. Communication with minor for immoral purposes - Penalties. Promoting travel for commercial sexual abuse of a minor - Penalty - Consent of minor does not constitute defense. Permitting commercial sexual abuse of a minor - Penalty - Consent of minor does not constitute defense. Certain defenses barred, permitted. Seizure and forfeiture of property. Allowing minor on premises of live erotic performance Definitions - Penalty. Duty of witness of offense against child or any violent offense - Penalty, Comrnittal of witness - Detention of documents. Divulging telegram. Opening sealed letter. Intercepting, recording or divulging private communication * Consent required - ExcePtions. Admissibility of intercepted communication in evidence. Persons and activities excepted from chapter. Penalties. Certain emergency response personnel exempted from RCW 9.73.030 through 9,73.080 - Standards - Court authorizations - Admissibility. Recordings available to defense counsel' Intercepting, recording, or disclosing private communications * Not unlawful for building owner - Conditions. Intercepting, transmitting, or recording conversations concerning controlled substances or commercial sexual abuse of a minor - Conditions - Written reports required - Judicial review - Notice - Admissibility - Penalties. Pen registers, trap and trace devices, cell site simulator devices. Crlmlnal Codc Amendments' 2O2l and 2022 StafE Leglelative Sesdons 9.73,260 10 e.81.010 9.81.030 9.81,110 9,86.010 9.86.020 9.86.030 9.91.010 9.91.020 9.91.060 9.91.130 9.91 9,91 9.91 9.91 9.91 140 r42 L44 150 160 Definitions. Membership in subversive organization is felony - Penalty' Misstatements are punishable as perjury - Penalty. "Flag," etc,, dgfined. Improper use of flag prohibited. Desecration of flag. Denial of civil rights - Terms defined. Operating railroad, steamboat, vehicle, etc., while intoxicated. Leaving children unattended in a parked automobile. Disposal of trash in charity donation receptacle. Food stamps - Unlawful sale, Food stamps - Trafficking. Food stamps - Unlawful redemption. Tree spiking. Personal protection spray devices, Interfering with dog guide or service animal. Interfering with search and rescue dog. Violent video or computer games. Punishment of gross misdemeanor when not fixed by statute. Punishment of misdemeanor when not fixed by statute' Punishment for contemPt. Sentence on two or more convictions or counts. Narcotic drugs, controlled substances, alcohol, marijuana, other intoxicant, celt phone, or other form of electronic telecommunications device - Possession, etc., by prisoners - Penalty. Vacating records of conviction for misdemeanor: and gross misdemeanor offenses. fvtiselemeaner onr gross m ing-€ ing- 9,91,170 9,9L.L75 9.91.180 9.92.024 9.92.030 9,92.040 9.92.080 9.94.041 9.96,060 SECTION 4. - Amendment - Sectlon 9.A2,07A. Section 9.02.070 of the Kent City Code, entitled "RCW Title 9A, entitled 'Washington Criminal Code' - Adoption by reference," is amended as follows: Sec. 9.02.A7O. RCW Title 9A, entitled "Waehington Griminal Gode" - Adoption by referenc€. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby Crimlnal Code Amendmants - 2O21 and 2022 Strag Lcgislatlva Ssssions 11 adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9A.04.020 9A.04.030 9A,04.040 9A.04.050 9A.04.060 9A.04.070 9A.04.080 9A.04.090 9A.04.100 9A.04.110 9A.08.010 eA.08.020 9A.08.030 9A.12.010 9A,16.010 9A.16.020 9A.16.060 9A.16.070 9A.16.080 Purposes - Principles of construction' State criminal jurisdiction' Classes of crimes. People capable of committing crimes - capability of children. Common law to suPPlement statute. Who amenable to criminal statutes. Limitation of actions. Application of general provisions of the code. Proof beyond a reasonable doubt. Definitions. General requirements of culpability. Liability for conduct of another * Complicity, €erp€rateEnlly and personal liability. insanity. Definitions. Use of force - When lawful. Duress. Entrapment. Action for being detained on mercantile establishment premises for investigation - "Reasonable grounds" as defense. Intoxication. Use of force on children - Policy - Actions presumed unreasonable. Outdoor music festival, campground - Detention' Classification and designation of crimes. Maximum sentences for crimes committed July 1, 1984. and after, Alternative to a fine - Restitution. Criminal attemPt. Criminal solicitation. Crlminal conspiracy. Assault in the third deqree' Assault in the fourth degree. Reckless endangerment. Promoting a suicide attemPt' Coercion. Hate crime offenseffi Definition and criminal penaltY. Custodial assault. Assault of a child in the third degree. Interfering with the reporting of domestic violence. Cr[minal Gode Amendmen?s' 2O2l aad 2O22 Statp Laglslativa Sessiorrs 9A.16.090 9A.16.100 94.16.120 9A.20.010 9A.20.021 9A.20.030 9A.28.020 9A,28,030 9A.28.040 9A.36.031 9A.36,041 9A.36.050 9A.36.060 9A.36.070 9A.36.080 100 140 150 9A.36 9A.36 9A.36 T2 9A.36,160 9A.36.161 9A.40.010 9A.40.040 9A.40.060 9A.40.070 9A.40.080 Failing to summon assistance. Failing to summon assistance - Penalty. Definitions. Unlawful imprisonment. Custodial interference ln the first degree. Custodial interference in the second degree. Custodial interference - Assessment of costs - Defense - Consent defense, restricted. Luring. Coercion of involuntary servitude. Enforcement of orders restricting contact. Definitions. Criminal mistreatment in the second degree. Criminal mistreatment in the third degree. Criminal mistreatment in the fourth degree. Withdrawal of life support systems. Palliative care. Defense of financial inability. Abandonment of a dependent person in the second degree - Exceptlon. Abandonment of a dependent person in the third degree * Exception. Abandonment of a dependent person - Defense. Leaving a child in the care of a sex offender. Definitions. Testimony - Evidence - Written motion - Admissibility" Defenses to prosecution under this chapter. Rape in the third degree. Rape of a child in the thlrd degree. Child molestation in the third degree. Sexual misconduct with a minor in the first degree' Sexual misconduct with a minor in the second degree. Sexually violating human remains. Voyeurism. Admissibility of child's statement * Conditions. Definitions applicable to RCW 9A.44.130 througn 9A.44.t45, 10.01 .20O, 43.43,540, 70.48.470, and 72'09'33O. Registration of sex offenders and kidnapping offenders - Procedures - Definition - Penalties. Failure to register as sex offender or kidnapping offender- @. Testimony of child by closed-circuit television. Custodial sexual misconduct in the first degree. Custodial sexual misconduct in the second degree. Custodial sexual misconduct - Defense. Criminal trespass against children - Definitions. Criminal trespass against children - Covered entities. Crimlnzl Coda Amcndmenb' 2027 and 2022 Statp LeglslaClvc Sasslons 9A.40.090 94.40,110 9A.40.120 9A.42.010 9A.42.030 9A.42.035 9A.42.O37 9A,42.A40 9A.42.045 9A.42.050 9A,42.070 9A.42.090 9A,42.110 94,44,010 9A.44.42A 9A.44.030 9A.44.060 9A.44.079 9A.44.089 9A.44.093 9A.44.096 9A.44.105 9A.44,115 9A,44.L24 9A,44,L28 9A.42.080 9A.44,130 9A.44.L32 9A.44.150 9A.44,160 9A.44.17A 9A.44.180 9A,44.L90 9A.44.193 13 9A.44.196 9A.44.210 9A.46.010 9A,46.020 9A.46.030 9A.46.040 9A.46.050 94.46.060 9A.46.070 9A.46.080 9A.46.085 Criminal trespass against children. Court initiated issuance oJ seXUAlSF-saulJ no-contact o-fders* Terms, conditions. requirements,-etc. Legislative finding, Definltion - Penalties. Place where committed. Court-ordered requirements upon person charged with crime - Violation, Arraignment - No contact order. Crimes included in harassment, Enforcement of orders restricting contact. Order restricting contact - Violation, Stalking no-contact orders - Appearance before magistrate required, Nonliability of peace officer. "Convicted," time when. Stalking. Criminal gang intimidation. Definitions. Reckless burning in the first degree. Reckless burning in the second degree. Reckless burning - Defense. Malicious mischief in the second degree. Malicious mischief in the third degree. Malicious mischief - "Physical damage" defined. Criminal street gang tagging and graffiti. Defaclng a state monument. Findings. Definitions. Unlawful discharge of a laser in the first degree. Unlawful discharge of a laser in the second degree, Civil infraction, when, Exclusions. Definitions. Interference with health care facility. Penalty. Informational picketing. Definitions. Other crime in committing burglary punishable' Making or having burglar tools. Criminal trespass in the first degree. Criminal trespass in the second degree. Criminal trespass - Defenses. Vehicle prowling in the first degree. Vehicle prowling in the second degree. Removal of unauthorized persons - Declaration - Liability - Rights. 9A.46.090 9A.46.100 9A,46.110 9A.46.120 9A.48.010 9A.48.040 9A.48,050 9A.48.060 9A.48.080 9A.48,090 94.48,100 9A.48.105 9A,48.110 9A,49.001 9A.49.010 9A.49.020 9A.49.030 9A.49.040 9A,49.050 9A.50.010 9A.50.020 9A.50.030 9A.s0.060 9A.52.010 9A,52.050 94.52.060 9A.52.070 9A.s2,080 9A.52.090 9A.52.095 9A.52,100 9A.52.105 Criminal Code AmQndman?s - 2027 .nd 2022 Stace Lagislailve Sesstotts t4 sA.52,1 15 9A.56.010 sA.56,020 9A.56.040 9A.56.050 9A.56.060 9A.56.063 9A.s5.075 9A.56.083 9A,56.096 9A.56.100 9A.56.1 10 9A.56.130 9A.55.140 9A.56.160 9A.56. r70 9A.56.180 9A.56.220 9A.56.230 eA.56.240 9A.56.260 9A.56.262 9A.56.264 9A.56.266 9A.56.270 9A.56.280 9A.56.290 9A.56.320 9A.56,330 9A.56.340 9A.56.350 9A.56.360 9A.56.370 9A.56.380 9A.56.390 9A.58,010 9A.58.020 9A.60.010 9A.60.020 9A.60.030 9A.60.040 9A.60.045 Removal of unauthorized persons - Declaration form - Penalty for false swearing.I Definitions. Theft r Definition, defense. Theft in the second degree. Theft in the third degree. Unlawful issuance of checks or drafts' Making or possessing motor vehicle theft tools' Taking-moior vehicle without permission in the second degree. Theft of llvestock in the second degree. Theft of rental, leased, lease-purchased, or loaned property' Theft and larceny equated. Extortion - Deflnition. Extortion in the second degree. Possessing stolen property - Definition - Presumption' possessinf stolen property in the second degree - Other than flrearm or motor vehicle. Possessing property in the third degree. Obscuring the identity of a machine. Theft of subscription television services' Unlawful sale of subscription television services' Forfeiture and disposal of device used to commit violation. Connection of channel converter. Theft of telecommunication services' Unlawful manufacture of telecommunication device' Unlawful sale of telecommunication device' Shopping cart theft. Credit, debit cards, checks, etc. - Definitions credit, payment cards - unlawful factoring of transactions' Financial fraud unlawful possession, production of instruments of, Possession of another's identification. Theft with the intent to resell' Organized retail theft. Retail theft with special circumstances' Mail theft. Possession of stolen mail' Mail theft - Possession of stolen mail - commission of other crime. Definitions. Possessing, or reading or capturing, information contained on another person's identification document - Exceptions' Definitions. Forgery, Obtaining a signature by deception or duress' Criminal impersonation in the first degree. Criminal impersonation in the second degree. Crimlnal CodQ Amendments' 2o27 and 2022 StEcG LeglstativQ scssions1s 9A,60.080 9A,61.010 9A.61.020 9A.61.040 9A.51.050 9A.61.060 9A.64.010 9A.64.020 9A.64.030 9A.68.020 9A.68.030 9A.68.040 9A.68.050 9A.72.010 9A.72.030 9A,77.040 9A.72.O50 9A,60.050 9A.50.060 9A.60.070 9A.72.060 94.72.070 9A,72.080 9A.72,085 9A,72..L20 9A.72,L40 94.72.L50 9A.76.010 9A.76.023 sA.76.025 9A,76.027 False certification Fraudulent creation or revocation of a mental health advance directive. False academic credentials - Unlawful issuance or use Definitions - Penalties, Impersonating a census taker. Definitions. Defrauding a public utility. Defrauding a public utility in the second degree. Defrauding a public utility in the third degree. Restitution and costs. Bigamy. Incest. Child selling - Child buying. Requesting unlawful compensation, Receiving or granting unlawful compensation' Trading in public office. Trading in special influence. Definitions, Perjury in the second degree. False swearing. Perjury and false swearing - Inconsistent statements - Degree of crime. Perjury and false swearing - Retraction. Perjury and false swearing - Irregularities no defense. Statement of what one does not know to be true. Unsworn statements, certification - Standards for subscribing to an unsworn statement. Tampering with a witness. Jury tampering. Tampering with physical evidence. Definitions, Disarming a law enforcement or corrections officer. Disarming a law enforcement or corrections officer Commission of another crime, Law enforcement or corrections officer engaged in criminal conduct. Refusing to summon aid for a peace officer' Resisting arrest. Rendering criminal assistance - Definition of term, Relative defined. Rendering criminal assistance in the first degree. Rendering criminal assistance in the second degree. Rendering criminal assistance in the third degree. Compounding, Introducing contraband in the second degree. Introducing contraband in the third degree. 9A,76.030 9A.76.040 9A,76.050 9A.76.060 9A.76.470 9A.76.080 9A,75.090 9A.76,100 9A.76.150 9A,76,L60 Criminal Code Amandmenls - 20.27 t'''d 2022 SCafG Lc9lslttive Sc.'sfons 16 9A.76.170 9A.76.175 9A.76.t77 9A.76.190 94.76.200 9A.80.010 9A.82.010 9A.82.045 9A,82.055 9A.82.070 9A.82.080 9A.82.100 9A.82.120 9A.82.130 9A.82.160 9A.82.170 9A,84.010 9A.B4.O2A 9A.84.040 9A.86.010 9A.88.010 9A.88.030 9A.88.040 Bailjumping. Making a false or misleading statement to a public servant. Amber alert - Making a false or misleading statement to a public servant. Failure to appear or surrender - Affirmative defense - Penalty. Harming a police dog, accelerant detection dog, or police horse - Penalty. Official misconduct. Definitions, Collection of unlawful debt. Trafficking in stolen property in the second degree. Influencing outcome of sporting event. Use of proceeds of criminal profiteering - Controlling enterprise or realty - ConspiracY or attemPt. Remedies and procedures. Criminal profiteering lien - Authority, procedures' Criminal profiteering lien - Trustee of real property, Criminal profiteering lien - Trustee's failure to comply, evasion of procedures or lien. Financial institution records - Inspection and copying Wrongful disclosure, Criminal mischief. Failure to disperse. False reporting. Disclosing intimate images. Indecent exposure. Prostitution. Prosecution for prostitution under RCW 9A.88.030 * Affirmative defense. Prostitution * Sex of parties immaterial - No defense. Promoting prostitution - Definitiorts. Promoting prostitution in the second degree. Promoting travel for prostitution. Perm itting prostitution. Patronizing a prostitute. Additional fee assessments. Additional req uirements. Vehicle impoundment - Fees - Fines' Seizure and forfeiture. Definitions. Computer trespass in the first degree. Computer trespass in the second degree' Electronic data service interference. Spoofing, Electronic data tampering in the first degree. Electronic data tampering in the second degree. Electronic data theft, Crimlnal Coda Amcndments - 2O27 end 2O22 Stefg Leglsladva Scsslons 9A.88.050 9A.88.060 9A.88.080 9A,88.085 9A.88.090 9A.88.110 9A.88.120 9A.88.130 9A.88.140 94.88,150 9A.90,030 9A,90.040 9A.90.050 9A.90.060 eA.90,070 9A,90.080 9A.90.090 9A.90.100 T7 9A.90.110 Commission of other crime. 9A.90.130 CvberS.Eatt<ing. SFCTIO S. - Adoptlon - Sectlpp-9..02.993. A new Section 9.02.095 of the Kent City Code, entitled "RCW Title 15, entitled 'Agriculture and Marketing' - Adoption by reference," is adopted as follows: Sec. 9.02.095, RCW Title 15,, entitled "Agriculture and Marketing" - 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 15,21.060 15.24.200 1s.26.300 L5.28.270 15.30.250 15,35.300 L5.36.473 15.37.150 15.44.174 15.53.904 Penalties. Penalties. Violations - Penalty. Violations - Penalty. Penalties for violating chaPter. General penalty - Misdemeanor - Exception. Failure to comply with chapter or rules - Criminal penalties. Penalty. Penalty. Department's remedies for noncompliance - Classification of crimes*Prosecutions-I nj u n ctions. Reports - Inspection fees - Late fees - Confidentiality - Penal$ - Exception. Violation of chapter - Misdemeanor. Violations - Penalty. Violations - Penalty. Violations - Misdemeanor. Criminal acts and penalties Unlawful acts - Penalties - Injunctions - Investigations. Writing, etc,, false ticket or certificate - Influence - Penalty. Violations Penalty Criminal Civil-Opportunity to request hearing. Penalties - Injunctions - Referring a violation to the county prosecutor - lurisdiction Criminal Penalties. 1s.54.362 15.58.330 15.60.055 15,61.050 t5.62.220 15,65,520 15,65.2r0 15.80.640 15.80.650 15.115.310 Crlminal Codc Antendments' 2O2t and 2O22 State Lcglslative Ses$t'oos 15.130.560 18 SECTION 6, - Amendment * Sectian 9-A2.11Q. Section 9.02.1r0 of the Kent City Code, entitled "Chapter 17,A4 RCW, entitled 'Weed districts' - Adoption by reference,' is amended to be entitled "RCW Title 17, entitled "Weed, Rodents, and Pests" * Adoption by reference," and is amended as follows; Sec. 9.02.110. Cffi+"e4RCW Title 17' entitled rrlUGcGl dictrictca " " - 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 17.04.280 Officials of district may enter lands - Penalty for prevention, 17.10.235_--Selling product, article. or feed containing noxious weed seeds or toxic weeds :- Penaltv - Rules - InspegHons -.Fe-es. SE0TION Z. - Amendment - Section 9.02,150. Section 9,02.150 of the Kent City Code, entitled "RCW Title 26, entitled 'Domestic Relations' - Adoption by reference," is amended as follows: Sec. 9.O2.15O. RCW Title 26, entitled "Domestic Relations" - Adoption by reference. The following RCW sections, as currently enacted or as hefeafter 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. 26.04.25Q Penalty for unlawful solemnization - 1909 c 249. 26.09.300 Restraining orders - Notice - Refusal to comply - Arrest - Penalty - Defense - Peace officers, immunity. 26.20,030 Family abandonment - Penalty - Exception. Criminal Code Amcndmants - 2O27 and 2022 Stata Leglslative Sessions 19 26.20.035 Family nonsupport - Penalty * Exception. 26,20,87L Evidence * Spouse or domestic partner as witness. 25.20.080 Proof of wilfulness - Application of penalty provisions. 26.268,13€05{l Restraining order - Knowing violation - Penalty - Law enforcement immunitY.Aeee"*+g*€Brro@ies* 3G*5-.aA€-S$rsgate Farenting Ferssns exeluded frem eentraeting' 26.26A.450355 Confidentiality of genetic testing - Penalty. 2.264.4.70 Proceeding to adi.udicate parentage-Te.mporary cltild support ord_ers. restraininq orders- orelim i[ary iniultgtions., domestic violence protection orders. antihBrassment orotection orders. and o.ther. court orders-Preservation of suooort debt. 26.28.060 Child labor - PenaltY, 26.28.070 Certain types of employment prohtbited - 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. @ 26.34.010 Compact enacted * Provisions. 26.34.d30 "Appropriate public authorities" defined, 2634,A40 "Appropriate authority of the receiving state" defined. 26.34.07O "Executive head" defined - Compact administrator. 26.34.080 Violations - PenaltY. 26.39.110 .Prohibited custodv transfer. 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' 26.44.A40 Reports - Oral, written - Contents' 26,44.060 Immunity from civil or criminal liability - Confidential communications not violated Actions against state not affected - False rePolt, 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 - Noncompllance - Defense - Penalty. 26.44.08O Violation - PenaltY. Criminal Code Amandmanfs' 2O27 and 2O22 Sta'€ Lagislattve Scasloar 20 26,44,150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child - Penalty for violating court order.ffiien*' rngnieiFality may be requested to a€sist €ffits and atterneyt f€e ien' 26,52.010 Definitions. 26.52,020 Foreign protection orders - Validity. 26.52,050 Peace officer immunity. 26,52.A7A Violation of foreign orders - Penalties, SECTIAN 8, - Amendment: Section 9.03,34A. Section 9.02'340 of the Kent City Code, entitled 'RCW Title 46, entitled 'Motor Vehicles' - Adoption by reference," is arnended as follows: Sec. 9.O2.34O. 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 tirne, are hereby adopted by reference and shall be given the same force and effect as if set fotth herein in full: RCW 46.09.495 Failure to title or register an off'road vehicle - Penalty, circumstances when. 46.10.505 Failure to register a snowrnobile, circumstances when. 46.12.6f 0 Contaminated vehicles. 46. 12,640 Pjsclosure violations-penalties. +O.iOn.OS0 Registration - Requirements before issuance - Penalty - Rules. 46,16A.070 Registration * Cancellation, refusal, etc. - Appeals' 46,19.010 Criteria for natural persons - Applicatlon - Identification cards, placards, and license Plates. 46.20.091 Application - Penatty 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. 45,52.130 Abstract of driving record - Access - Fee - Violations' Crlmlnal Code AmandmenF - 2Ol7 pnd 2022St E Legisladve Sessions 2t 46,55.300 46.68.010 46.7A.A21 46.70.051 46,74,r40 46.7Q.174 46.72,LOO 46,72A.060 46.72A.070 46.80.020 46.80.080 46.80. 110 46.80.130 46.80.170 46,82.390 46.87.290 Vehicle immobilization. Refunds, overpayments, and underpayments - Penalty for false statements. License required for dealers or manufacturers - Penalties, Issuance of license - Private party dissemination of vehicle database. Handling "hot" vehicles - Unreported motor "switches" - Unauthorized use of dealer plates - Penalty. Penalty for violations. Unprofessional conduct - Bond/insurance policy - Penalty. Insurance - Amount * PenaltY. Vehicle ceftificates - Issuance of new or duplicate certificate - Penalty. License required - PenaltY. Records - Penalty. License penalties, civll fines, criminal penalties, All storage at place of business - Screening required - Penalty, Violations - Penalties. Penalty. Refusal, cancellation of crede[tlals @- Procedures, penalties. 9EFTION 9. - Adoption - section 9,02.530. section 9.02.530 of the Kent City Code, entitled "RCW Title 70, entitled'Public Health and Safety'- Adoption by reference," is amended as follows; Sec. 9.O2.53O. RCW Title 7O, 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 70.05.120 70.24,O22 025 a27 080 70.24 7A.24 70.24 Obtaining confidential records under false pretenses - Penalty. Violations * Remedies * Penalties. Interviews, examination, counseling, or treatment of infected persons or persons believed to be infected - Dissemination of false information - PenaltY. Violations of health order - Penalties. Intentional transmission of HIV - Penalties. Penalty. Crimlnal Code AmandmanF - 2A27 rlnd 2O2z Scafr Lagleltdve Sasslons 22 70,s4 70.54 70,54 70,54 70,54 74.54 70.54 7A.54 70.54 7A.54 70.28.033 70,4L.t70 70,42,180 010 020 030 050 065 070 080 090 160 350 70.s4.400 70.58.280 70.58A.590 7A.62.280 70.74,0r0 70.74.022 Treatment, isolation, or examination order of health officer - Violation - Penalty. Operating or maintaining unlicensed hospital or unapproved tertiary health service - Penalty. Operating without a license - Injunctions or other remedies - Penalty. Polluting water supply - PenaltY. Furnishing impure water - Penalty. Pollution of watershed of city in adJoining state - Penalty' Exposing contagious disease * Penalty. Ambulances and drivers - PenaltY. Door of public buildings to swing outward - Penalty. Uability of person handling steamboat or steam boiler. Attachment of objects to utility poles - Penalty, Public restrooms - Pay facilities - Penalty. Electrology and tattooing - Practitloners to comply with rules - Penalty. Retail restroom access * Customers with medical conditions - Penalty, Penalty. Penalties. Violations - Penalty, Definitions. License required to manufacture, purchase, sell, use, possess' transpott, or store explosives Penalty - Surrender of explosives by unlicensed person - Other relief. Unlawful access to explosives. Malicious placement of an imitation device - Penalties. Intimidation or harassment with an explosive - Class C felony' Abandon ment of exploslves. Explosive containers to be marked - Penalty. Gas bombs, explosives, stink bombs, etc' Seizure and forfeiture, Sale of nonstandard equipment as misdemeanor - Exceptions. Declaration - PolicY. Unauthorized use of white cane, dog guide, or service animal. Penalty for violations. Definitions. Refusal to yield line - PenaltY, Request for line on pretext of emergency - Penalty. Penalty, Orderto discontinue operation - Notice - Conditlons - Contents of order - Recision of order - Violation - Penalty - Random inspections. Violations. Criminal penalties. Penalties. Cilminat Code AmsndmanF - 2O27 and 2022 Sta'c Lagislstlve Sesslons 7A.74.t60 70.74.272 70.74.275 70.74.295 70.74.304 70.74.370 70,74,404 70.75,040 70.84.010 70,84.060 70.84.070 70,85.010 70,85,020 70,85.030 70.86.040 70.87.t45 70.87.180 70.90.205 70.94,430 23 7A.95.?.4A Unlawful to dump or deposit solid waste wathout permit * Penalties - Litter cteanup 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. 70.958.140 Penalties for violations - [njunctions' 70.95D.100 Penalties. 70.95I.040 Oil sellers - Education responsibility - Penalty' 70.95I.060 Disposal of used oil - Penalty' 70.95J,060 Violations - Punishment. 7Q.97.L4O Unlicensed operation - Criminal penalty. 70.99.050 Violations - Penalties - Injunctions - Jurisdiction and venue - Fees and costs. 7O.LO7,O7O Rules relating to motor vehicles - Violations - Penalty. 70.108.130 Penalty. 70.108.150 Firearrns * FenaltY. 70. 1 10.040 Compliance required, 70.L11.030 Unsafe cribs - Prohibition - Definition - Penalty. 70.LLg,130 Violations * Penalties. 7O.L22,A90 Criminal conduct - Penalties. 70. 123.078 Disclosure of Information. 70.L24.A70 Failure to report is gross misdemeanor. 7O.I27.020 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 by persons under eighteen - Civil i nfraction -Jurisdiction. 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,t7O,A7O Penalties. 7Q,L75.O}A Participants authorized to contract - Penalty - Secretary and state exempt from liabilitY. 70.185.080 Participants authorized to contract - Penalty - Secretary and state exemPt from liabilitY. 7O.Z3O,O7O Denial, suspension, or revocation of license - Investlgating complaints - Penalties' 70.345.030 License required - Must allow inspections - Sale of ceftain substances prohibited - Penalties, 70.345.090 Mail and internet sales - License required - Age and identity verification Penalties - Enforcement Application of consumer Protection act - Rules. 70.345.100 Product tastings - Requirements - Penalty, Crlminsl Coda Amendmqnts - 2O2l and 20.22 S.5fg LegislaClve Scations z4 SECTION 70, - Adqotion --SectiPO 9.02.535.. A new Sectlon 9.02.535 of the Kent City Code, entitled "RCW Title 70A, entitled 'Environmental Health and Safety'- Adoption by reference," is adopted as follows: Sec. 9.O2.535. RCW Title 70A, entitled "Environmental 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 70A.2.0.070 70A.10.180 70A.15.3150 70A.300.100 70A.300.110 70A.120.130 70A.200.060 70A.205.195 70A.205,410 Rules relating to motor vehicles - Violations - Penalty. Penalty. Penalties. Violations - Criminal Penalties. Violations - Gross misdemeanor. Violations - Penalties. Littering prohibited Penalties Litter cleanup restitution payment. Unlawful to dump or deposit solid waste without permit - Penalties - Litter cleanup restitution payment. Fee on the retail sale of new replacement vehicle tires - Failure to collect, pay to department - Penalties. Waste tires - Violation of RCW 7AA.205'445 - Penalty. Penalties for violations - Injunctions. Penalties. Oil sellers - Education responsibility - Penalty' Disposal of used oil - Penalty. Violations - Punishment. Violations - Gross misdemeanor. Criminal penalties. Disclosure of reports or information - Penalty. Penalties. Violations - Penalties - Injunctions - Jurisdiction and venue - Fees and costs. Certification required to perform lead-based paint activities * Certificate revocation - Penalties. Penalties. Crlminal Codc Amcndments' 2A2t and 2022 StEtl. LcElslatlve ScsSons 70A,205.4s0 70A.2L2.L60 70A.216.100 70A.224,040 70A,224.064 70A.226.070 70A.300,110 70A.315.070 70A.325.080 70A.388.220 70A.390.050 70A.420.080 70A,425.t30 25 SECTION lr. - Amendmsnt - Section 9.82.6Q5. Section 9'02.605 of the Kent City Code, entitled "RCW Title 82, entitled'Excise Tax'- Adoption by reference," is amended and retitled as follows: Sec. 9.02.605. RCW Title 82, entitled "Excise Taxgg" 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 82,12.040 Retailers to collect tax - Penalty' 82.148.042 Payment and collection of taxes-P"enalties for violations. 82,26.190 Distributors and retailers - Valid license required - Violations - Penalties. 82.,32'29*Q-- Uc,lawfu! Acts - Penalties 82.32.330 Disclosurp gf r:etUrn or.tax infprmation. 82.86.040 Payment and collection. 82.87,140 Tax criminal oenalties. SECTIAN 72. - 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 13, - Correctlons 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, rLlles, Or regulations' Cfiminrl Code Amendmenb - 2027 and 2O22 Sta,l LQgitt.Clve SGssto''s 26 E9TION 74. - Effectiye^dte. The city council finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare. This ordinance, having been adopted by unanimous vote, shall become effective immediately upon passage, and further shall be considered retroactively effective as of the date each state law adopted by reference took effect. The City Clerk is directed to publish a summary of this ordinance at the earliest possible publication date. DANA MLPH, Julv !8,2022 Date Approved AfiEST: KIMBERLEY MOTO, CITY CLERK )uly L8,2022 Date Adopted JulV 22.2Q22 Date Publ AS TO FORM: t A srj ACTING CITY ATTORNEY Crimlntl Code Amendmants - 2O27 ',nd 2022 Scatc Laglsl.UvQ Sessl'ons 27 STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Kent- Covington Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent- Covington Reporter (and not in supplement form) which was regularly distibuted to its subscribers during the below stated period. The annexed notice, a: Public Notice #KENsGooeB was published on August 5,2022 The full amount of the fee charged for said foregoing publication is the sum of S138.26 f ehaf- Rudi Alcott Vice President, Advertising Subscribed and sworn to me this Srt day of August,2022. Tri Notary Public for the State of Washington, Residing in Washington lttlltlt p0TA,?p Fue i,te Op Ill \ Classified Proof CITYOF KENT NOTICE OF ORDINANCE PASSED BY THE CITY COUNCIL The following is the sum- mary of an ordinance passed by the Kent CitY Council on August 2, 2022. oRDINANCE NO. ,1437 - An Ordinance of the City Council of the City of K€nt, Washington, re- lating 10 codes, ordi- nances, regulations, and statutes adopted by ref- erence in the Kent City Code lo: (i) clariiy the fil-ing obligations under RCW 35A.12.140, (ii) readopt by reference the statutes and regulations adopted by reference in Title 9 of the Kent City Code, as cunently en- acted or as subsequent- lv amended or recodified fiorn time to time: (iii) to ratifv and confirrn all ac- tion6 previously taken in relation to Title I of the Kent City Code; (iv) to amend KCC 9.02.070 to identify the crime of cy- ber harassment under RCW 9A.90.120; and (v) to declare an emergency requiring lhe ordinance be effective immedialely and applied retroactive- ly. The City Council finds and declares that an emergency exists which necessitates that this or- dinance b€come effec- tive immediately in orderto preserve the public health, safety and wel- fare. This ordinance, having been adopted b1t unanimous vote, shall become effective imme- diately upon passage, and furiher shall be con- sidered retroactively ef- leclive as of the date each code, ordinance, Proofed by Jennifer Tribbett, 08101/20221 1:20:38 am Page:2 Classified Proof reaulation. ot slatute ad"optecl by reference took eifect. The CitY Clerk is dirccted to pub- lish a surnmary of this ordinance at the eelrliest possibie publication clat e. A copy of ihe conrplete text of any otdinance vrill be mailed ijpon request of the City Clerk. Kimberley A. Konroto, City Clerk Kkomoto@ KentVVA.!tov .E' O EC EA'E # s60093 8t5t22 Proofed by Jennifer Tribbett, 0810112022 I 1:20:38 am Page: 3