HomeMy WebLinkAbout4482 ORDINANCE NO. 4482
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02 of
the Kent City Code, entitled "Criminal Code," to: (i)
adopt by reference misdemeanor crimes enacted by
the state legislature during its 2023 sessions for
application and enforcement in the City of Kent; and
(ii) make other housekeeping amendments.
RECITALS
A. During its 2023 regular legislative session, the Washington
State Legislature enacted several bills that added new criminal provisions to
the Revised Code of Washington ("RCW")1. The Kent City Code ("KCC") has
adopted by reference state misdemeanor laws, which allows those crimes to
be prosecuted locally within the Kent Municipal Court. Once a state law is
adopted by reference into the KCC, that reference is sufficient for
subsequent amendments the Legislature may make to that state law
provision. However, because the Legislature adopted legislation that created
new crimes that did not previously exist, it is preferred to amend the KCC
to similarly adopt these new state law provisions by express reference to
allow them to be locally enforced through the Kent Municipal Court.
1 These new offenses include: (i) prohibiting a person from committing, or transporting for
the purpose of another committing, female genital mutilation on a minor; (ii) prohibiting
the manufacture, import, distribution, sale, or offer for sale, of assault weapons; and (iii)
prohibiting the possession, purchase, delivery, sale, or possession with an intent to sell, a
tableting and encapsulating machine.
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2023 State Legislative Session
B. These new criminal offenses were previously adopted as
Session Laws by City Council through Ordinance No. 4468 in June 2023, and
added to KCC 9.02.030. They have since been codified by the state's Office
of the Code Reviser. Accordingly, this Ordinance removes these offenses
from KCC 9.02.030 and incorporates them throughout Ch. 9.02 KCC by
corresponding subject matter.
C. While updating the criminal code to add these new crimes, staff
made other housekeeping amendments to update changes made to the
RCW, and incorporated into the ordinance other misdemeanor crimes that
were not previously adopted by specific reference.z
D. References to repealed sections of the RCW have also been
removed.3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - Section 9.02.010. Section 9.02.010 of
the Kent City Code, entitled "Preliminary article," is amended as follows:
Sec. 9.02.010. Preliminary article.
A. This chapter shall be known and may be cited as the "Kent criminal
code."
z During its 2023 session, the legislature made changes to state law that makes it a crime
for one student to haze another student by increasing the penalties associated with those
crimes. This hazing statute had not previously been expressly adopted by reference into
the Kent City Code.
3 These repealed offenses include RCW 7.90.020, RCW 9.81.010, RCW 9.81.030, RCW
9.81.110, RCW 9.91.180, RCW 9A.72.085, RCW 9A.90.130, RCW 10.14.120, RCW
10.14.150, RCW 10.14.170, RCW 10.31.050, RCW 19.290.070, RCW 26.50.020, RCW
36.29.060, RCW 66.16.090, RCW 68.05.390, RCW 69.04.933, RCW 69.04.934, RCW
69.04.938, RCW 69.51A.043, RCW 69.51A.085.
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B. As used in this chapter, "RCW" shall mean the Revised Code of
Washington.
C. If any section, subsection, sentence, or provision of this chapter or its
application to any person or circumstance is held invalid, the remainder of
this chapter or the application of the section, subsection, sentence, or
provision to other persons or circumstances is not affected, and to this end,
the sections, subsections, sentences, and provisions of this chapter are
declared to be severable.
D. By adopting state statutes, the city intends to assume jurisdiction
over and become the jurisdictional authority for the enforcement and
prosecution of misdemeanor and gross misdemeanor crimes that are
committed within the city limits of Kent. Whenever the word "state" shall
appear in any statute adopted by reference in this chapter, the word "city"
shall be substituted therefor; provided, however, the term "city" shall not
be substituted for the term "state" in those circumstances that set forth
administrative or licensing duties of the state and its subdivisions.
E. Whenever a state statute specifically adopted in this chapter refers to
another state statute not specifically adopted in this chapter, the statute
referred to shall be given the force and effect necessary to enforce the
statute specifically adopted in this chapter.
F. Any section of this chapter that is repealed or amended by ordinance
shall remain in full force and effect until the effective date of the ordinance
repealing or amending the section. Any state statute that is adopted by
reference which is later amended, repealed, or recodified shall remain in full
force and effect until the effective date of the legislative act that repeals,
recodifies, or amends the state statute. The amendment or recodification of
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2023 State Legislative Session
any state statute adopted in this chapter shall be given its full force and
effect upon the effective date of its amendment or recodification.
G. When issuing a citation, information, or complaint for the violation of
any section of the RCW adopted by this chapter, it shall be sufficient for a
commissioned officer or prosecutor to cite to and refer to the RCW section
number.
H. A copy of all statutes adopted by reference for application and
enforcement within the city limits of Kent are available online for public
viewing through the Washington State Legislature's website at:
http://app.leci.wa.gov/rcw/ and on file with the city clerk in accordance with
KCC 1.02.010(B).
SECTION 2. - Amendment - Section 9.02.030. Section 9.02.030 of
the Kent City Code, entitled "Session laws not yet codified," is amended as
follows:
Sec. 9.02.030. Session laws not yet codified. As the Washington
State Legislature adopts new laws, those new laws occasionally become
effective before the state's Office of the Code Reviser is able to codify those
new laws into the RCW. Accordingly, the following session laws, as currently
enacted or as later amended or codified, are hereby adopted by reference
and shall be given the same force and effect as if set forth herein in full:
None.
CQ'VPS eTL , GT . 162-TT lt v
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2023 State Legislative Session
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SECTION 3. - Amendment - Section 9.02.050. 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 forth herein in full:
RCW
7.21.010 Definitions.
7.21.020 Sanctions - Who may impose.
7.21.030 Remedial sanctions - Payment for losses.
7.21.040 Punitive sanctions - Fines.
7.21.050 Sanctions - Summary imposition - Procedure.
7.21.070 Appellate review.
7.80.120 Monetary penalties - Restitution.
7.80.150 Notices - Record of - Cancellation prohibited, penalty - Audit.
7.80.160 Failure to exercise notice options - Failure to satisfy penalty.
7.84.060 Response to notice - Contesting determination - Mitigating
circumstances - Hearing - Failure to respond or appear -
Penalty.
7.84.100 Monetary penalties.
7.84.130 Failure to pay or complete community restitution - Penalty.
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2023 State Legislative Session
7.105.450 Enforcement and penalties - Other than antiharassment
protection orders and extreme risk protection orders.
7.105.455 Enforcement and penalties - Antiharassment protection orders.
7.105.460 Enforcement and penalties - Extreme risk protection orders -
False petitions.
SECTION 4. - Amendment - Section 9.02.060. Section 9.02.060 of
the Kent City Code, entitled "RCW Title 9, entitled "Crimes and Punishments"
- Adoption by reference," is amended as follows:
Sec. 9.02.060. RCW Title 9, entitled "Crimes and Punishments"
- Adoption by reference. The following RCW sections, as currently
enacted or as hereafter amended or recodified from time to time, are hereby
adopted by reference and shall be given the same force and effect as if set
forth herein in full:
RCW
9.01.055 Citizen immunity if aiding officer, scope - When.
9.01.110 Omission, when not punishable.
9.01.130 Sending letter, when complete.
9.02.050 Concealing birth.
9.02.120 Unauthorized abortions - Penalty.
9.02.130 Defenses to prosecution.
9.02.170 Definitions.
9.03.010 Abandoning, discarding refrigeration equipment.
9.03.020 Permitting unused equipment to remain on premises.
9.03.030 Violation of RCW 9.03.010 or 9.03.020.
9.03.040 Keeping or storing equipment for sale.
9.04.010 False advertising.
9.04.050 False, misleading, deceptive advertising.
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9.04.070 False, misleading, deceptive advertising - Penalty.
9.04.090 Advertising fuel prices by service stations.
9.08.030 False certificate of registration of animals - False
representation as to breed.
9.08.065 Definitions.
9.08.070 Pet animals - Taking, concealing, injuring, killing, etc. -
Penalty.
9.08.072 Transferring stolen pet animal to a research institution -
Penalty.
9.08.074 Transferring stolen pet animal to a person who has previously
sold a stolen pet animal to a research institution - Penalty.
9.08.076 Transferring stolen pet animal to a research institution by a
U.S.D.A. licensed dealer - Penalty.
9.08.078 Illegal sale, receipt, or transfer of pet animals - Separate
offenses.
9.08.090 Acts against animal facilities.
9.12.010 Barratry.
9.12.020 Buying, demanding, or promising reward by district judge or
deputy.
9.16.005 Definitions.
9.16.010 Removing lawful brands.
9.16.020 Imitating lawful brand.
9.16.030 Counterfeit mark - Intellectual property.
9.16.035 Counterfeiting - Penalties.
9.16.041 Counterfeit items - Seizure and forfeiture.
9,16.050 When deemed affixed.
9.16.060 Fraudulent registration of trademark.
9.16.070 Form and similitude defined.
9.16.080 Petroleum products improperly labeled or graded - Penalty.
9.16.100 Use of the words "sterling silver," etc.
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2023 State Legislative Session
9,16.110 Use of words "coin silver," etc.
9.16.120 Use of the word "sterling" on mounting.
9.16.130 Use of the words "coin silver" on mounting.
9.16.140 Unlawfully marking article made of gold.
9.16.150 "Marked, stamped or branded" defined.
9.18.080 Offender a competent witness.
9.18.120 Suppression of competitive bidding.
9.18.130 Collusion to prevent competitive bidding - Penalty.
9.18.150 Agreements outside state.
9.24.010 Fraud in stock subscription.
9.24.040 Corporation doing business without license.
9.26A.090 Telephone company credit cards - Prohibited acts.
9.26A.100 Definitions.
9.26A.110 Fraud in obtaining telecommunications service - Penalty.
9.26A.120 Fraud in operating coin-box telephone or other receptacle.
9.26A.130 Penalty for manufacture or sale of slugs to be used for coin.
9.26A.140 Unauthorized sale or procurement of telephone records -
Penalties - Definitions.
9.27.015 Interference, obstruction of any court, building, or residence -
Violations.
9.35.005 Definitions.
9.35.010 Improperly obtaining financial information.
9.35.020 Identity theft.
9.35.030 Soliciting undesired mail.
9.38.010 False representation concerning credit.
9.38.015 False statement by deposit account applicant.
9.38.020 False representation concerning title.
9.38.060 Digital signature violations.
9.40.040 Operating engine or boiler without spark arrester.
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2023 State Legislative Session
9.40.100 Tampering with fire alarm or firefighting equipment - False
alarm - Penalties.
9.41.010 Definitions.TeFngs defined-.
9.41.040 Unlawful possession of firearms - , pessessi-een by
Penalties.
9.41.050 Carrying firearms.
9.41.060 Exceptions to restrictions on carrying firearms.
9.41.070 Concealed pistol license - Application - Fee - Renewal.
9.41.080 Delivery to ineligible persons.
9.41.090 Dealer deliveries regulated - Hold on delivery - Fees
authorized.
9.41.0975 Officials and agencies - Immunity, writ of mandamus.
9.41.098 Forfeiture of firearms - Disposition - Confiscation.
9.41,100 Dealer licensing and registration required.
9.41.110 Dealer's licenses, by whom granted, conditions, fees -
Employees, fingerprinting and background checks - Wholesale
sales excepted - Permits prohibited.
9.41.113 Firearm sales or transfers - Background checks -
Requirements - Exceptions.
9.41.115 Penalties - Violations of RCW 9.41.113.
9.41.120 Firearms as loan security.
9.41.124 Purchasing of rifles and shotguns by nonresidents.
9.41.140 Alteration of identifying marks - Exceptions.
9.41.171 Alien possession of firearms - Requirements - Penalty.
9.41.173 Alien possession of firearms - Alien firearm license - Political
subdivisions may not modify requirements - Penalty for false
statement.
9.41.175 Alien possession of firearms - Possession without license -
Conditions.
9.41.190 Unlawful firearms - Exceptions.
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2023 State Legislative Session
9.41.220 Unlawful firearms and parts contraband.
9.41.230 Aiming or discharging firearms, dangerous weapons.
9.41.240 Possession of pistol or semiautomatic assault rifle by person
from eighteen to twenty-one.
9.41.250 Dangerous weapons - Penalty.
9.41.251 Dangerous weapons - Application of restrictions to law
enforcement, firefighting, rescue, and military personnel.
9.41.260 Dangerous exhibitions.
9.41.270 Weapons apparently capable of producing bodily harm -
Unlawful carrying or handling - Penalty - Exceptions.
9.41.280 Possessing dangerous weapons on school facilities - Penalty -
Exceptions.
9.41.282 Possessing dangerous weapons on child care premises. -
Penalty - Exceptions.
9.41.284 Possessing dangerous weapons at voting facilities - Penalty -
Exceptions.
9.41.290 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 grounds and
municipal buildings.
9.41.325 Undetectable or untraceable firearms - Penalties.
9.41.326 Untraceable firearms - Exceptions - Penalties.
9.41.327 Unfinished frames or receivers - Exceptions - Penalties.
9.41.335 Failure to register as felony firearm offender.
9.41.340 Return of privately owned firearm by law enforcement agency
- Notification - Exception - Exemption from public disclosure -
Civil liability - Liability for request based on false information.
9.41.345 Return of privately owned firearm or concealed pistol license
by law enforcement agency - Duties - Notice - Exception.
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2023 State Legislative Session
9.41.350 Voluntary waiver of firearm rights - Procedure - Penalty -
Exemption from public disclosure.
9.41.360 Unsafe storage of a firearm.
9.41.365 Firearm security and storage - Requirements for dealers.
9 41 390 Assault weapons - Manufacturing, importing, distributing,
selling prohibited - Exceptions - Penalty.
9.41.800 Surrender of weapons or licenses - Prohibition on future
possession or licensing.
9.41.810 Penalty.
9.44.080 Misconduct in signing a petition.
9.45.060 Encumbered, leased, or rented personal property -
Construction.
9.45.070 Mock auctions.
9.45.080 Fraudulent removal of property.
9.45.090 Knowingly receiving fraudulent conveyance.
9.45.100 Fraud in assignment for benefit of creditors.
9.45.160 Fraud in liquor warehouse receipts.
9.45.170 Penalty.
9.45.210 Altering sample or certificate of assay.
9.45.220 Making false sample or assay of ore.
9.45.260 Fire protection sprinkler system contractors - Wrongful acts.
9.45.270 Fraudulent filing of vehicle report of sale.
9.46.0201 "Amusement game."
9.46.0205 "Bingo."
9.46.0209 "Bona fide charitable or nonprofit organization."
9.46.0213 "Bookmaking."
9.46.0217 "Commercial stimulant."
9.46.0221 "Commission."
9.46.0225 "Contest of chance."
9.46.0229 "Fishing derby."
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9.46.0233 "Fund-raising event."
9.46.0237 "Gambling."
9.46.0241 "Gambling device."
9.46.0245 'Gambling information."
9.46.0249 "Gambling premises."
9.46.0253 'Gambling record."
9.46.0257 "Lottery."
9.46.0261 "Member," "bona fide member."
9.46.0265 "Player."
9.46.0269 'Professional gambling."
9.46.0273 "Punchboards," "pull-tabs."
9.46.0277 "Raffle."
9.46.0282 'Social card game."
9.46.0285 "Thing of value."
9.46.0289 'Whoever," "person."
9.46.170 False or misleading entries or statements, refusal to produce
records.
9.46.185 Causing person to violate rule or regulation.
9.46.190 Violations relating to fraud, deceit, altering or misrepresenting,
betting, or gambling - Penalty.
9.46.195 Obstruction of public servant - Penalty.
9.46.196 Cheating - Defined.
9.46.1961 Cheating in the first degree.
9.46.1962 Cheating in the second degree.
9.46.198 Working in gambling activity without license as violation -
Penalty.
9.46.215 Ownership or interest in gambling device - Penalty -
Exceptions.
9.46.217 Gambling records - Penalty - Exceptions.
9.46.221 Professional gambling in the second degree.
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2023 State Legislative Session
9.46.222 Professional gambling in the third degree.
9.46.228 Gambling activities by persons under age eighteen prohibited
- Penalties - Jurisdiction - In-house controlled purchase
programs authorized.
9.46.240 Gambling information, transmitting or receiving.
9.47.080 Bucket shop defined.
9.47.090 Maintaining bucket shop - Penalty.
9.47.100 Written statement to be furnished - Presumption.
9.47A.010 Definition.
9.47A.020 Unlawful inhalation - Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
9.51.010 Misconduct of officer drawing jury.
9.51.020 Soliciting jury duty.
9.51.030 Misconduct of officer in charge of jury.
9.51.040 Grand juror acting after challenge allowed.
9.51.050 Disclosing transaction of grand jury.
9.51.060 Disclosure of deposition returned by grand jury.
9.55.020 Witness refusing to attend legislature or committee or to
testify.
9.61.190 Carrier or racing pigeons - Injury to.
9.61.200 Carrier or racing pigeons - Removal or alteration of
identification.
9.61.230 Telephone harassment.
9.61.240 Telephone harassment - Permitting telephone to be used.
9.61.250 Telephone harassment - Offense, where deemed committed.
9.62.010 Malicious prosecution.
9.62.020 Instituting suit in name of another.
9.66.010 Public nuisance.
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2023 State Legislative Session
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
9.68.015 Obscene literature, shows, etc. - Exemptions.
9.68.030 Indecent articles, etc.
9.68.050 "Erotic material" - Definitions.
9.68.060 "Erotic material" - Determination by court - Labeling -
Penalties.
9.68.070 Prosecution for violation of RCW 9.68.060 - Defense.
9.68.080 Unlawful acts.
9.68.100 Exceptions to RCW 9.68.050 through 9.68.120.
9.68.110 Motion picture operator or projectionist exempt, when.
9.68.130 "Sexually explicit material" - Defined - Unlawful display.
9.68.140 Promoting pornography - Class C felony - Penalties.
9.68A.011 Definitions.
9.68A.050 Dealing in depictions of minor engaged in sexually explicit
conduct.
9.68A.060 Sending, bringing into state depictions of minor engaged in
sexually explicit conduct.
9.68A.070 Possession of depictions of minor engaged in sexually explicit
conduct.
9.68A.075 Viewing depictions of a minor engaged in sexually explicit
conduct.
9.68A.080 Reporting of depictions of a minor engaged in sexually explicit
conduct - Civil immunity.
9.68A.090 Communication with minor for immoral purposes - Penalties.
9.68A.102 Promoting travel for commercial sexual abuse of a minor -
Penalty - Consent of minor does not constitute defense.
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2023 State Legislative Session
9.68A.103 Permitting commercial sexual abuse of a minor - Penalty -
Consent of minor does not constitute defense.
9.68A.110 Certain defenses barred, permitted.
9.68A.120 Seizure and forfeiture of property.
9.68A.150 Allowing minor on premises of live erotic performance -
Definitions - Penalty.
9.69.100 Duty of witness of offense against child or any violent offense
- Penalty.
9.72.090 Committal of witness - Detention of documents.
9.73.010 Divulging telegram.
9.73.020 Opening sealed letter.
9.73.030 Intercepting, recording or divulging private communication -
Consent required - Exceptions.
9.73.050 Admissibility of intercepted communication in evidence.
9.73.070 Persons and activities excepted from chapter.
9.73.080 Penalties.
9.73.090 Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080 - Standards - Court authorizations
- Admissibility.
9.73.100 Recordings available to defense counsel.
9.73.110 Intercepting, recording, or disclosing private communications -
Not unlawful for building owner - Conditions.
9.73.230 Intercepting, transmitting, or recording conversations
concerning controlled substances or commercial sexual abuse
of a minor - Conditions - Written reports required - Judicial
review - Notice - Admissibility - Penalties.
9.73.260 Pen registers, trap and trace devices, cell site simulator
devices.
9 of 0 o Befonitiens.
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2023 State Legislative Session
9.8i.i'IG Misstatements are-punishable-as perjury
9.86.010 "Flag," etc., defined.
9.86.020 Improper use of flag prohibited.
9.86.030 Desecration of flag.
9.91.010 Denial of civil rights - Terms defined.
9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated.
9.91.060 Leaving children unattended in a-parked automobile.
9.91.130 Disposal of trash in charity donation receptacle.
9.91.140 Food stamps - Unlawful sale.
9.91.142 Food stamps - Trafficking.
9.91.144 Food stamps - Unlawful redemption.
9.91.150 Tree spiking.
9.91.160 Personal protection spray devices.
9.91.170 Interfering with dog guide or service animal.
9.91.175 Interfering with search and rescue dog.
9.92.020 Punishment of gross misdemeanor when not fixed by statute.
9.92.030 Punishment of misdemeanor when not fixed by statute.
9.92.040 Punishment for contempt.
9.92.080 Sentence on two or more convictions or counts.
9.94.041 Narcotic drugs, controlled substances, alcohol,
jaa+,acannabis, other intoxicant, cell phone, or other form
of electronic telecommunications device - Possession, etc., by
prisoners - Penalty.
9.94A.518 Table 4—Drug offenses seriousness level.
9.96.060 Vacating records of conviction for misdemeanor and gross
misdemeanor offenses.
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SECTION 5. - Amendment - Section 9.02.070. 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. 9.02.070. RCW Title 9A, entitled "Washington Criminal
Code" - Adoption by reference. The following RCW sections, as currently
enacted or as hereafter amended or recodified from time to time, are hereby
adopted by reference and shall be given the same force and effect as if set
forth herein in full:
RCW
9A.04.020 Purposes - Principles of construction.
9A.04.030 State criminal jurisdiction.
9A.04.040 Classes of crimes.
9A.04.050 People capable of committing crimes - Capability of children.
9A.04.060 Common law to supplement statute.
9A.04.070 Who amenable to criminal statutes.
9A.04.080 Limitation of actions.
9A.04.090 Application of general provisions of the code.
9A.04.100 Proof beyond a reasonable doubt.
9A.04.110 Definitions.
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another - Complicity.
9A.08.030 Entity and personal liability.
9A.12.010 Insanity.
9A.16.010 Definitions.
9A.16.020 Use of force - When lawful.
9A.16.060 Duress.
9A.16.070 Entrapment.
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9A.16.080 Action for being detained on mercantile establishment premises
for investigation - "Reasonable grounds" as defense.
9A.16.090 Intoxication.
9A.16.100 Use of force on children - Policy - Actions presumed
unreasonable.
9A.16.120 Outdoor music festival, campground - Detention.
9A.20.010 Classification and designation of crimes.
9A.20.021 Maximum sentences for crimes committed July 1, 1984, and
after.
9A.20.030 Alternative to a fine - Restitution.
9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
9A.36.031 Assault in the third degree.
9A.36.041 Assault in the fourth degree.
9A.36.050 Reckless endangerment.
9A.36.060 Promoting a suicide attempt.
9A.36.070 Coercion.
9A.36.080 Hate crime offense - Definition and criminal penalty.
9A.36.100 Custodial assault.
9A.36.140 Assault of a child in the third degree.
9A.36.150 Interfering with the reporting of domestic violence.
9A.36.160 Failing to summon assistance.
9A.36.161 Failing to summon assistance - Penalty.
9A.36.170 Female genital mutilation - Minors.
9A.40.010 Definitions.
9A.40.040 Unlawful imprisonment.
9A.40.060 Custodial interference in the first degree.
9A.40.070 Custodial interference in the second degree.
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2023 State Legislative Session
9A.40.080 Custodial interference - Assessment of costs - Defense -
Consent defense, restricted.
9A.40.090 Luring.
9A.40.110 Coercion of involuntary servitude.
9A.40.120 Enforcement of orders restricting contact.
9A.42.010 Definitions.
9A.42.030 Criminal mistreatment in the second degree.
9A.42.035 Criminal mistreatment in the third degree.
9A.42.037 Criminal mistreatment in the fourth degree.
9A.42.040 Withdrawal of life support systems.
9A.42.045 Palliative care.
9A.42.050 Defense of financial inability.
9A.42.070 Abandonment of a dependent person in the second degree -
Exception.
9A.42.080 Abandonment of a dependent person in the third degree -
Exception.
9A.42.090 Abandonment of a dependent person - Defense.
9A.42.110 Leaving a child in the care of a sex offender.
9A.44.010 Definitions.
9A.44.020 Testimony - Evidence - Written motion - Admissibility.
9A.44.030 Defenses to prosecution under this chapter.
9A.44.060 Rape in the third degree.
9A.44.079 Rape of a child in the third degree.
9A.44.089 Child molestation in the third degree.
9A.44.093 Sexual misconduct with a minor in the first degree.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.44.105 Sexually violating human remains.
9A.44.115 Voyeurism.
9A.44.120 Admissibility of child's statement - Conditions.
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2023 State Legislative Session
9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145,
10.01.200, 43.43.540, 70.48.470, and 72.09.330.
9A.44.130 Registration of sex offenders and kidnapping offenders -
Procedures - Definition - Penalties.
9A.44.132 Failure to register as sex offender or kidnapping offender.
9A.44.150 Testimony of child by closed-circuit television.
9A.44.160 Custodial sexual misconduct in the first degree.
9A.44.170 Custodial sexual misconduct in the second degree.
9A.44.180 Custodial sexual misconduct - Defense.
9A.44.190 Criminal trespass against children - Definitions.
9A.44.193 Criminal trespass against children - Covered entities.
9A.44.196 Criminal trespass against children.
9A.44.210 Court initiated issuance of sexual assault no-contact orders -
Terms, conditions, requirements, etc.
9A.46.010 Legislative finding.
9A.46.020 Definition - Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon person charged with crime -
Violation.
9A.46.050 Arraignment - No--contact order.
9A.46.055 Court-initiated stalking no-contact orders.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact - Violation.
9A.46.085 Stalking no-contact orders - Appearance before magistrate
required.
9A.46.090 Nonliability of peace officer.
9A.46.100 "Convicted," time when.
9A.46.110 Stalking.
9A.46.120 Criminal gang intimidation.
20 Criminal Code Amendments -
2023 State Legislative Session
9A.48.010 Definitions.
9A.48.040 Reckless burning in the first degree.
9A.48.050 Reckless burning in the second degree.
9A.48.060 Reckless burning - Defense.
9A.48.080 Malicious mischief in the second degree.
9A.48.090 Malicious mischief in the third degree.
9A.48.100 Malicious mischief - "Physical damage" defined.
9A.48.105 Criminal street gang tagging and graffiti.
9A.48.110 Defacing a state monument.
9A.49.001 Findings.
9A.49.010 Definitions.
9A.49.020 Unlawful discharge of a laser in the first degree.
9A.49.030 Unlawful discharge of a laser in the second degree.
9A.49.040 Civil infraction, when.
9A.49.050 Exclusions.
9A.50.010 Definitions.
9A.50.020 Interference with health care facility.
9A.50.030 Penalty.
9A.50.060 Informational picketing.
9A.52.010 Definitions.
9A.52.050 Other crime in committing burglary punishable.
9A.52.060 Making or having burglar tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass - Defenses.
9A.52.095 Vehicle prowling in the first degree.
9A.52.100 Vehicle prowling in the second degree.
9A.52.105 Removal of unauthorized persons - Declaration - Liability -
Rights.
21 Criminal Code Amendments -
2023 State Legislative Session
9A.52.115 Removal of unauthorized persons - Declaration form - Penalty
for false swearing.
9A.56.010 Definitions.
9A.56.020 Theft - Definition, defense.
9A.56.040 Theft in the second degree.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.063 Making or possessing motor vehicle theft tools.
9A.56.075 Taking motor vehicle without permission in the second degree.
9A.56.083 Theft of livestock in the second degree.
9A.56.096 Theft of rental, leased, lease-purchased, or loaned property.
9A.56.100 Theft and larceny equated.
9A.56.110 Extortion - Definition.
9A.56.130 Extortion in the second degree.
9A.56.140 Possessing stolen property - Definition - Presumption.
9A.56.160 Possessing stolen property in the second degree - Other than
firearm or motor vehicle.
9A.56.170 Possessing stolen property in the third degree.
9A.56.180 Obscuring the identity of a machine.
9A.56.220 Theft of subscription television services.
9A.56.230 Unlawful sale of subscription television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.262 Theft of telecommunication services.
9A.56.264 Unlawful manufacture of telecommunication device.
9A.56.266 Unlawful sale of telecommunication device.
9A.56.270 Shopping cart theft.
9A.56.280 Credit, debit cards, checks, etc. - Definitions.
9A.56.290 Credit, payment cards - Unlawful factoring of transactions.
22 Criminal Code Amendments -
2023 State Legislative Session
9A.56.320 Financial fraud - Unlawful possession, production of
instruments of.
9A.56.330 Possession of another's identification.
9A.56.340 Theft with the intent to resell.
9A.56.350 Organized retail theft.
9A.56.360 Retail theft with special circumstances.
9A.56.370 Mail theft.
9A.56.380 Possession of stolen mail.
9A.56.390 Mail theft - Possession of stolen mail - Commission of other
crime.
9A 56 400 Theft from a vulnerable adult in the first degree - Theft from a
vulnerable adult in the second degree.
9A.56.410 Metal property deception.
9A.58.010 Definitions.
9A.58.020 Possessing, or reading or capturing, information contained on
another person's identification document - Exceptions.
9A.60.010 Definitions.
9A.60.020 Forgery.
9A.60.030 Obtaining a signature by deception or duress.
9A.60.040 Criminal impersonation in the first degree.
9A.60.045 Criminal impersonation in the second degree.
9A.60.050 False certification.
9A.60.060 Fraudulent creation or revocation of a mental health advance
directive.
9A.60.070 False academic credentials - Unlawful issuance or use -
Definitions - Penalties.
9A.60.080 Impersonating a census taker.
9A.61.010 Definitions.
9A.61.020 Defrauding a public utility.
9A.61.040 Defrauding a public utility in the second degree.
23 Criminal Code Amendments -
2023 State Legislative Session
9A.61.050 Defrauding a public utility in the third degree.
9A.61.060 Restitution and costs.
9A.64.010 Bigamy.
9A.64.020 Incest.
9A.64.030 Child selling Child buying.
9A.68.020 Requesting unlawful compensation.
9A.68.030 Receiving or granting unlawful compensation.
9A.68.040 Trading in public office.
9A.68.050 Trading in special influence.
9A.72.010 Definitions.
9A.72.030 Perjury in the second degree.
9A.72.040 False swearing.
9A.72.050 Perjury and false swearing - Inconsistent statements - Degree
of crime.
9A.72.060 Perjury and false swearing - Retraction.
9A.72.070 Perjury and false swearing - Irregularities no defense.
9A.72.080 Statement of what one does not know to be true.
9A-72:vvsJ Unswern statemeRts, ccrcrrrerti v"'
9A.72.120 Tampering with a witness.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
9A.76.010 Definitions.
9A.76.023 Disarming a law enforcement or corrections officer.
9A.76.025 Disarming a law enforcement or corrections officer -
Commission of another crime.
9A.76.027 Law enforcement or corrections officer engaged in criminal
conduct.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
24 Criminal Code Amendments -
2023 State Legislative Session
9A.76.050 Rendering criminal assistance - Definition of term.
9A.76.060 Relative defined.
9A.76.070 Rendering criminal assistance in the first degree.
9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree.
9A.76.100 Compounding.
9A.76.150 Introducing contraband in the second degree.
9A.76.160 Introducing contraband in the third degree.
9A.76.170 Bail jumping.
9A.76.175 Making a false or misleading statement to a public servant.
9A.76.177 Amber alert - Making a false or misleading statement to a
public servant.
9A.76.190 Failure to appear or surrender - Affirmative defense - Penalty.
9A.76.200 Harming a police dog, accelerant detection dog, or police horse
- Penalty.
9A.80.010 Official misconduct.
9A.82.010 Definitions.
9A.82.045 Collection of unlawful debt.
9A.82.055 Trafficking in stolen property in the second degree.
9A.82.070 Influencing outcome of sporting event.
9A.82.080 Use of proceeds of criminal profiteering - Controlling enterprise
or realty - Conspiracy or attempt.
9A.82.100 Remedies and procedures.
9A.82.120 Criminal profiteering lien - Authority, procedures.
9A.82.130 Criminal profiteering lien - Trustee of real property.
9A.82.160 Criminal profiteering lien - Trustee's failure to comply, evasion
of procedures or lien.
9A.82.170 Financial institution records - Inspection and copying -
Wrongful disclosure.
9A.84.010 Criminal mischief.
25 Criminal Code Amendments -
2023 State Legislative Session
9A.84.020 Failure to disperse.
9A.84.040 False reporting.
9A.86.010 Disclosing intimate images.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.040 Prosecution for prostitution under RCW 9A.88.030 - Affirmative
defense.
9A.88.050 Prostitution - Sex of parties immaterial - No defense.
9A.88.060 Promoting prostitution - Definitions.
9A.88.080 Promoting prostitution in the second degree.
9A.88.085 Promoting travel for prostitution.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
9A.88.120 Additional fee assessments.
9A.88.130 Additional requirements.
9A.88.140 Vehic►e impoundment - Fees - Fines.
9A.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 Cyber harassment.
26 Criminal Code Amendments -
2023 State Legislative Session
SECTION 6. - Amendment - Section 9.02.080. Section 9.02.080 of
the Kent City Code, entitled "RCW Title 10, entitled "Criminal Procedure" -
Adoption by reference," is amended as follows:
Sec. 9.02.080. RCW Title 10, entitled "Criminal Procedure" -
Adoption by reference. The following RCW sections, as currently enacted
or as hereafter amended or recodified from time to time, are hereby adopted
by reference and shall be given the same force and effect as if set forth
herein in full:
RCW
10.01.070 Entities - Amenable to criminal process - How.
10.01.090 Entities - Judgment against.
10.01.100 Entities - Fines. in imeuef ether
10.01.180 Fine or costs - Default in payment - Contempt of court -
Enforcement, collection procedures.
19.14.120 1);sebed+e�a sae r Penaltmes�
10.21.015 Pretrial release program.
10.21.030 Conditions of release - Judicial officer may amend order.
10.21.045 Conditions of release - Drugs and intoxicating liquors - Testing.
10.21.050 Conditions of release - Judicial officer to consider available
information.
10.31.030 Service - How - Warrant not in possession, procedure - Bail.
10.31.040 Officer may break and enter.
10.31.060 Arrest by telegraph or teletype.
10.31.100 Arrest without warrant.
27 Criminal Code Amendments -
2023 State Legislative Session
10.31.110 Alternatives to aArrest - Individuals with mental disorders or
substance use disorders.
10.66.010 Definitions.
10.66.020 When order may be issued.
10.66.040 Ex parte temporary order - Hearing - Notice.
10.66.050 Additional relief - PADT area.
10.66.090 Penalties.
10.66.100 Additional penalties.
10.66.110 Jurisdiction.
10.66.120 Venue.
10.79.040 Search without warrant unlawful - Penalty.
10.88.290 Rights of person arrested.
10.88.300 Delivery of person in violation of RCW 10.88.290 - Penalty.
10.99.010 Purpose - Intent.
10.99.020 Definitions.
10.99.030 Peace officers - Powers and duties.[=aw enftoreement effTeeFs
10.99.040 Duties of court - No-contact order - Emergency orders.
10.99.045 Appearances by defendant - Defendant's history - No-contact
order.
10.99.050 Victim contact - Restriction, prohibition - Violation, penalties -
Written order - Procedures - Notice of change.
10.99.055 Enforcement of orders.
10.99.060 Prosecutor's notice to victim - Description of available
procedures.
10.99.070 Liability of peace officers.
10.99.080 Penalty assessment
10.99.090 Policy adoption and implementation.
10.99.100 Sentencing - Factors - Defendant's criminal history.
28 Criminal Code Amendments -
2023 State Legislative Session
10.99.901 Construction - Chapter applicable to state registered domestic
partnerships - 2009 c 521.
SECTION 7. - Amendment - Section 9.02.100. Section 9.02.100 of
the Kent City Code, entitled "RCW Title 16, entitled "Animals and Livestock"
- Adoption by reference," is amended as follows:
Sec. 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 of dogs that attack_ Deg fights,
16.36.116 Civil infraction - Live nonambulatory livestock - Monetary
penalty - Authorization by director - Issuance of notices -
Enforcement.
16.52.011 Definitions - Principles of liability.
16.52.015 Enforcement - Law enforcement agencies and animal care and
control agencies.
16.52.080 Transporting or confining in unsafe manner - Penalty.
16.52.085 Seizure of animal for abuse or neglect - Process - Notice -
Forfeiture of animal - Petition for a civil hearing for the
immediate return of a seized animal.Renge al ofaiginga's F .r
feeding and ear-e Examination Netiee Euthanasia-.
16.52.090 Docking horses - Misdemeanor.
29 Criminal Code Amendments -
2023 State Legislative Session
16.52.095 Certain veterinary proceduresutting-ears - Misdemeanor.
16.52.100 Confinement without food and water - Intervention by others.
16.52.117 Animal fighting - Prohibited behavior - Penalty -
Exceptions.
16.52.180 Limitations on application of chapter.
16.52.185 Exclusions from chapter.
16.52.190 Poisoning animals - Penalty.
16.52.193 Poisoning animals - Strychnine sales - Records - Report on
suspected purchases.
16.52.200 Sentences - Forfeiture of animals - Liability for costs -Penalty
- Education, counseling.
16.52.205 Animal cruelty in the first degree.
16.52.207 Animal cruelty in the second degree - Penalty.
16.52.210 Destruction of animal by law enforcement officer - Immunity
from liability.
16.52.225 Nonambulatory livestock - Transporting or accepting delivery
- Gross misdemeanor - Definition.
16.52.300 Dogs or cats used as bait - Seizure - Limitation.
16.52.305 Unlawful use of hook - Gross misdemeanor.
16.52.310 Dog breeding - Limit on the number of dogs - Required
conditions - Penalty Limitation of tiers - Definitions.
16.52,320 Maliciously killing or causing substantial bodily harm to
livestock belonging to another - Penalty.
16.52.330 Veterinarians - Animal cruelty - Liability immunity.
16.52.340 Leave or confine any animal in unattended motor vehicle or
enclosed space - Class 2 civil infraction - Officers' authority to
reasonably remove animal.
16.52.350 Dog tethering - Penalties.
16.52.360 Retail pet store - Sale of dog or cat - Penalty.
16.57.010 Definitions.
30 Criminal Code Amendments -
2023 State Legislative Session
16.57.120 Removal or alteration of brand - Penalty.
16.57.260 Removal of cattle or horses from state - Inspection certificate
required.
16.57.267 Failure to present animal for inspection.
16.57.270 Unlawful to refuse assistance in establishing identity and
ownership of livestock.
16.57.280 Possession of cattle or horse marked with another's brand -
Penalty.
16.57.405 Microchip in a horse - Removal with intent to defraud - Gross
misdemeanor.
16.57.440 Unlawful transport or delivery of cattle or horses.
16.58.170 General penalties - Subsequent offenses.
16.65.440 Penalty.
16.70.050 Violations - Penalty.
SECTION S. - Amendment - Section 9.02.120. Section 9.02.120 of
the Kent City Code, entitled "RCW Title 19, entitled "Business Regulations -
Miscellaneous" - Adoption by reference," is amended as follows:
Sec. 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.
19.25.010 Definitions.
31 Criminal Code Amendments -
2023 State Legislative Session
19.25.020 Reproduction of sound without consent of owner unlawful -
Fine and penalty.
19.25.030 Use of recording of live performance without consent of owner
unlawful - Fine and penalty.
19.25.040 Failure to disclose origin of certain recordings unlawful - Fine
and penalty.
19.25.050 Contraband recordings - Disposition, forfeiture, penalty.
19.25.100 Truth in music advertising.
19.25.800 Chapter not applicable to broadcast by commercial or
educational radio or television.
19.25.810 Chapter not applicable to certain nonrecorded broadcast use.
19.25.820 Chapter not applicable to defined public record.
19.27A.080 Definitions.
19.27A.090 Portable oil-fueled heaters - Sales and use - Approval required.
19.27A.100 Portable oil-fueled heaters - Requirements for approval.
19.27A.110 Portable oil-fueled heaters - Jurisdiction over approval - Sale
and use governed exclusively.
19.27A.120 Violations - Penalty.
19.48.010 Definitions.
19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc.,
accommodations by fraud - Penalty.
19.60.010 Definitions.
19.60.025 Duty to record information - Precious metal property.
19.60.042 Report to chief law enforcement officer - Precious metal
dealers.
19.60.057 Retention of precious metal property - Inspection.
19,60.066 Prohibited acts - Penalty.
19.60.067 Secondhand precious metal dealers - Prohibited acts - Penalty.
19.60.077 Precious metal dealers - Licensure required.
19.60.085 Exemptions.
32 Criminal Code Amendments -
2023 State Legislative Session
19.60.095 Precious metal sales - Hosted home parties.
19.68.010 Rebating prohibited - Disclosure - List of alternative facilities.
19.76.100 Labels on bottles, etc. - Filing - Publication.
19.76.110 Refilling bottles, etc. - Forbidden.
19.76.120 Refilling bottles, etc. - Possession as evidence.
19.76.130 Refilling bottles, etc. - Penalty.
19.83.010 License required to use or furnish trading stamps, coupons, or
similar devices.
19.83.020 Issuance of license - Fee.
19.83.030 Furnishing or selling trading stamps, coupons, or similar
devices geographically limited.
19.83.040 Coupons or similar devices - Exemptions.
19.83.050 Penalty.
19.84.010 Redeemable cash value to be printed on face.
19.84.020 Must redeem at cash value.
19.84.030 Distributor liable.
19.84.040 Criminal penalty.
19.192.010 Identification cards - Distinguishing official and not official
proofs of identification - Penalties.
19.194.010 Recordkeeping by retail establishments - Contents -
Inspection - Definitions.
19.194.030 Prohibited acts - Gross misdemeanor.
19.194.040 Application.
19.210.010 Definitions.
19.210.020 Prohibited sales.
19.210.030 Chapter not applicable - Trade show, certain persons.
19,210.040 Penalties.
19.235.010 Motion picture - Unauthorized recording - Penalty.
19.290.010 Definitions.
33 Criminal Code Amendments -
2023 State Legislative Session
19.290.020 Private metal property or -dnonferrous metal property -
Records required.
19.290.030 Metal property and metallic wire - Requirements for
transactions.
19.290.040 Scrap metal businesses - Record of commercial accounts.
19.290.050 Reports to law enforcement - Records exempt from public
disclosure - Private civil liability.
19.290.070 Vmel tens
19.290.090 Exemptions from chapter.
19.290.100 Scrap metal license - Penalties.
19.290.110 Scrap metal license - Application, renewal - Required
information.
19.290.120 Scrap metal license application - Department of licensing to
issue license - Display of certificate.
19.290.230 Seizure and forfeiture.
SECTION 9. - 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. 9.02.150. RCW Title 26, entitled "Domestic Relations" -
Adoption by reference. The following RCW sections, as currently enacted
or as hereafter amended or recodified from time to time, are hereby adopted
by reference and shall be given the same force and effect as if set forth
herein in full:
RCW
26.04.110 Penalty for failure to deliver certificates.
26.04.200 Penalty for violations - 1939 c 204.
26 04 210 Affidavits required for issuance of license - Penalties.
34 Criminal Code Amendments -
2023 State Legislative Session
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.
26.20.030 Family abandonment - Penalty - Exception.
26.20.035 Family nonsupport - Penalty - Exception.
26.20.071 Evidence - Spouse or domestic partner as witness.
26.20.080 Proof of willfulness - Application of penalty provisions.
26.26A.355 Confidentiality of genetic testing - Penalty.
26.26A.470 Proceeding to adjudicate parentage - Temporary child support
orders, restraining orders, preliminary injunctions, domestic
violence protection orders, antiharassment protection orders,
and other court orders - Preservation of support debt.
26.26B.050 Restraining order - Knowing violation - Penalty - Law
enforcement immunity.
26.28.060 Child labor - Penalty.
26.28.070 Certain types of employment prohibited - Penalty.
26.28.080 Selling or giving tobacco to minor - Belief of representative
capacity, no defense - Penalty.
26.28.085 Applying tattoo to a minor - Penalty.
26.34.010 Compact enacted - Provisions.
26.34.030 "Appropriate public authorities" defined.
26.34.040 "Appropriate authority of the receiving state" defined.
26.34.070 "Executive head" defined - Compact administrator.
26.34.080 Violations - Penalty.
26.38.110 Prohibited custody 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 -
35 Criminal Code Amendments -
2023 State Legislative Session
Penalty for unauthorized exchange of information - Filing
dependency petitions - Investigations - Interviews of children
- Records - Risk assessment process.
26.44.040 Reports - Oral, written - Contents.
26.44.060 Immunity from civil or criminal liability - Confidential
communications not violated - Actions against state not
affected - False report, penalty.
26.44.063 Temporary restraining order or preliminary injunction -
Enforcement - Notice of modification or termination of
restraining order.
26.44.067 Temporary restraining order or preliminary injunction -
Contents - Notice - Noncompliance - Defense - Penalty.
26.44.080 Violation - Penalty.
26.44.150 Temporary restraining order restricting visitation for persons
accused of sexually or physically abusing a child - Penalty for
violating court order.
26.50.029 Cengmencen�ent ef-aeao„- 3HF;,sdieti„n _ Venue.
26.52.010 Definitions.
26.52.020 Foreign protection orders - Validity.
26.52.050 Peace officer immunity.
26.52.070 Violation of foreign orders - Penalties.
SECTION 10. -Adoption - Section 9.02.175. A new section 9.02.175
of the Kent City Code, entitled "Chapter 2813.10 RCW, entitled "Colleges and
Universities Generally" - Adoption by reference," is hereby adopted as
follows:
Sec 9.02.175. Chapter 288.10 RCW, entitled "Colleges and
Universities Generally" - Adoption by reference. The following RCW
sections as currently enacted or as hereafter amended or recodified from
36 Criminal Code Amendments -
2023 State Legislative Session
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
2813.10.900 'Hazing" defined.
28B.10.901 Hazing prohibited - Penalty.
SECTION 11. - Amendment - Section 9.02.180. Section 9.02.180
of the Kent City Code, entitled "Chapter 29A.84 RCW, entitled "Crimes and
penalties" - Adoption by reference," is amended as follows:
Sec. 9.02.180. Chapter 29A.84 RCW, entitled `Crimes and
penalties" - Adoption by reference. The following RCW sections, as
currently enacted or as hereafter amended or recodified from time to time,
are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full:
RCW
29A.84.020 Violations by officers.
29A.84.030 Penalty.
29A.84.040 Political advertising, removing or defacing.
29A.84.050 Tampering with registration form, ballot declaration.
29A.84.110 Officials' violations.
29A.84.120 Disenfranchisement or discrimination.
29A.84.130 Voter violations.
29A.84.140 Unqualified registration.
29A.84.150 Misuse, alteration of registration database.
29A.84.210 Violations by officers.
29A.84.220 Violations - Corrupt practices - Recall petitions.
37 Criminal Code Amendments -
2023 State Legislative Session
29A.84.230 Violations by signers - Initiative, referendum petitions -
Penalty.
29A.84.240 Violations by signers, officers - Recall petitions - Penalty.
29A.84.250 Violations - Corrupt practices - Initiative, referendum
petitions.
29A.84.261 Petitions - Improperly signing.
29A.84.311 Candidacy declarations, nominating petitions.
29A.84.410 Unlawful appropriation, printing, or distribution.
29A.84.420 Unauthorized examination of ballots, election materials -
Revealing information.
29A.84.510 Acts prohibited +-R near voting centers student engagement
hubs, and ballot drop boxes. PFehibited pFaetices.
29A.84.520 Electioneering at voting center or ballot drop location by
election officers forbidden.
29A.84.530 Refusing to leave voting booth.
29A.84.540 Ballots - Removing from voting center or ballot drop location.
29A.84.545 Paper record from direct recording electronic voting device -
Removing from voting center.
29A.84.550 Tampering with materials.
29A.84.560 Voting machines, devices - Tampering with - Extra keys.
29A.84.610 Deceptive, incorrect vote recording - Misrepresentation as
official ballot drop box.
29A.84.620 Hindering or bribing voter.
29A.84.630 Influencing voter to withhold vote.
29A.84.640 Solicitation of bribe by voter.
29A.84.650 Repeaters.
29A.84.655 Tabulation of invalid ballots.
29A.84.660 Unqualified persons voting.
29A.84.680 Ballots - Violation.
38 Criminal Code Amendments -
2023 State Legislative Session
29A.84.711 Documents regarding nomination, election, candidacy - Frauds
and falsehoods.
29A.84.720 Officers - Violations generally.
29A.84.730 Divulging ballot count.
SECTION 12. - Amendment - Section 9.02.260. Section 9.02.260
of the Kent City Code, entitled "RCW Title 36, entitled "Counties" - Adoption
by reference," is amended as follows:
Sec. 9.02.260. RCW Title 36, entitled "Counties" - Adoption by
reference. The following RCW sections, as currently enacted or as
hereafter amended or recodified from time to time, are hereby adopted by
reference and shall be given the same force and effect as if set forth herein
in full:
RCW
36.13.070 County census authorized - Penalty.
36.28.060 Duplicate receipts - Penalties.
HqveAt0FY statement Filing and publie inspeetien Penalty
36.40.240 Penalty.
36.43.040 Penalty for violation of code or regulation.
36.49.070 Penalty.
36.58.020 Rules and regulations as to use - Penalty.
36.68.080 Penalty for violations of regulations.
36.69.180 Violation of rules - Penalty.
36.71.060 Peddler's license - Penalty for peddling without license.
39 Criminal Code Amendments -
2023 State Legislative Session
36.71.070 Hawkers, auctioneers, and barterers must procure license -
Exceptions.
36.75.130 Approaches to county roads - Rules regarding construction -
Penalty.
36.75.270 Limitation of type or weight of vehicles authorized - Penalty.
36.75.290 General penalty.
36.86.060 Restrictions on use of oil at intersections or entrances to county
roads.
36.95.190 Penalty for false statement as to tax exemption.
SECTION 13. - Amendment - Section 9.02.490. Section 9.02.490
of the Kent City Code, entitled "RCW Title 66, entitled "Alcoholic Beverage
Control" - Adoption by reference," is amended as follows:
Sec. 9.02.490. RCW Title 66, entitled "Alcoholic Beverage
Control" - Adoption by reference. The following RCW sections, as
currently enacted or as hereafter amended or recodified from time to time,
are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full:
RCW
66.04.010 Definitions.
66.08.130 Inspection of books and records - Goods possessed or shipped
- Refusal as violation.
66.08.140 Inspection of books and records - Financial dealings - Penalty
for refusal.
66.12.010 Wine or beer manufactured for home use.
d ele
tee-
66.20.100 Physician may prescribe or administer liquor - Penalty.
40 Criminal Code Amendments -
2023 State Legislative Session
66.20.110 Dentist may administer liquor - Penalty.
66.20.120 Hospital, etc., may administer liquor - Penalty.
66.20.200 Unlawful acts relating to identification or certification card -
Penalties.
66.20.340 Alcohol servers - Violation of rules - Penalties.
66.24.380 Special occasion license - Fee - Penalty.
66.24.481 Public place or club - License or permit required - Penalty.
66.28.090 Licensed premises or banquet permit premises open to
inspection - Failure to allow, violation.
66.28.200 Keg registration - Special endorsement for grocery store
licensee - Requirements of seller.
66.28.210 Keg registration - Requirements of purchaser.
66.28.220 Keg registration - Identification of containers - Rules - Fees -
Sale in violation of rules unlawful.
66.28.230 Keg registration - Furnishing to minors - Penalties.
66.44.010 Local officers to enforce law - Authority of board - Liquor
enforcement officers.
66.44.040 Sufficiency of description of offenses in complaints,
informations, process, etc.
66.44.060 Proof of unlawful sale establishes prima facie intent.
66.44.070 Certified analysis is prima facie evidence of alcoholic content.
66.44.080 Service of process on corporation.
66.44.090 Acting without license.
66.44.100 Opening or consuming liquor in a-public place - Penalty.
66.44.120 Unlawful use of seal.
66.44.130 Sales of liquor by drink or bottle.
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp
or seal - Unlawful operation, possession of still or mash.
66.44.150 Buying liquor illegally.
66.44.160 Illegal possession, transportation of alcoholic beverages.
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2023 State Legislative Session
66.44.170 Illegal possession of liquor with intent to sell - Prima facie
evidence, what is.
66.44.175 Violations of law.
66.44.180 General penalties - Jurisdiction for violations.
66.44.200 Sales to persons apparently under the influence of liquor -
Purchases or consumption by persons apparently under the
influence of liquor on licensed premises - Penalty - Notice -
Separation of actions.
66.44.210 Obtaining liquor for ineligible person.
66.44.270 Furnishing liquor to minors - Possession, use - Penalties -
Exhibition of effects - Exceptions.
66.44.280 Minor applying for permit.
66.44.290 Minor purchasing or attempting to purchase liquor - Penalty.
66.44.292 Sales to minors by licensee or employee - Board notification to
prosecuting attorney to formulate charges against minors.
66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding
out minor as at least twenty-one, in public place where liquor
sold.
66.44.310 Minors frequenting off-limits area - Misrepresentation of age -
Penalty - Classification of licensees.
66.44.316 Certain persons eighteen years and over permitted to enter and
remain upon licensed premises during employment.
66.44.318 Employees or interns aged eighteen to twenty-one handling,
transporting, and 1possessing-steeking, FneFehandising, and
handling-beer and wine - Wine production.
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.
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2023 State Legislative Session
66.44.350 Employees eighteen years and over allowed to serve and carry
liquor, clean up, etc., for certain licensed employers.
66.44.365 Juvenile driving privileges - Alcohol or drug violations.
66.44.370 Resisting or opposing officers in enforcement of title.
66.44.380 Powdered alcohol.
SECTION 14. - Amendment - Section 9.02.510. Section 9.02.510
of the Kent City Code, entitled "RCW Title 68, entitled "Cemeteries, Morgues,
and Human Remains" - Adoption by reference," is amended as follows:
Sec. 9.02.510. RCW Title 68, entitled "Cemeteries, Morgues,
and Human Remains" - Adoption by reference. The following RCW
sections, as currently enacted or as hereafter amended or recodified from
time to time, are hereby adopted by reference and shall be given the same
force and effect as if set forth herein in full:
RCW
68.05.115 Sale or transfer of cemetery authority or creation of a new
cemetery - Penalty for noncompliance.
68.05.240 Interment, certificate of authority required - Penalty.
68.05.330 Violation - Penalty - Unfair practice - Other laws applicable.
vn Penalty.
68.24.130 Sale for resale prohibited - Penalty.
68.24.140 Commission on sales prohibited - Penalty.
68.24.150 Unlawful employment of others to dispose of human remains.
68.24.190 Opening road through cemetery - Penalty.
68.28.060 Improper construction a nuisance - Penalty.
68.40.085 Representing fund as perpetual - Penalty.
68.40.090 Penalty.
68.44.060 Unauthorized loans - Penalty.
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2023 State Legislative Session
68.50.020 Notice to coroner or medical examiner - Penalty.
68.50.050 Removal or concealment of body - Penalty.
68.50.100 Dissection, when permitted - Autopsy of person under the age
of three years.
68.50.108 Autopsies, postmortems - Consent to embalm-ef cremate
body or make final disposition- Time limitation.
68.50.120 Holding body for debt - Penalty.
68.50.130 Unlawful disposal of remains.
68.50.140 Unlawful disturbance, removal, or sale of human remains -
Penalty.
68.50.185 Individual eFematienrfinal disposition - Exception - Penalty.
68.50.645 Skeletal human remains - Duty to notify - Ground disturbing
activities - Coroner determination - Definitions.
68.56.010 Unlawful damage to graves, markers, shrubs, etc. - Interfering
with funeral.
68.56.040 Nonconforming cemetery a nuisance - Penalty.
68.56.050 Defendant liable for costs.
68.60.040 Protection of cemeteries - Penalties.
68.60.050 Protection of historic graves - Penalty.
68.60.055 Skeletal human remains - Duty to notify - Ground disturbing
activities - Coroner determination - Definitions.
68.64.150 Illegal purchases or sales - Felony.
68.64.160 Illegal financial gain - Altering a document, amendment, or
revocation of gift - Felony.
SECTION 15. - Amendment - Section 9.02.520. Section 9.02.520
of the Kent City Code, entitled "RCW Title 69, entitled "Food, Drugs,
Cosmetics, and Poisons" - Adoption by reference," is amended as follows:
44 Criminal Code Amendments -
2023 State Legislative Session
Sec. 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.
69.04.938 MiSbFanding ef feed fish er shellfish Penalties.
69.06.060 Penalty.
69.07.150 Violations - Penalties.
69.22.090 Penalties.
69.25.150 Penalties - Liability of employer - Defense.
69.28.185 Penalty.
69.30.140 Penalties.
69.36.060 Penalty.
69.38.040 Inspection of poison register - Penalty for failure to maintain
register.
69.38.050 False representation - Penalty.
69.38.060 Manufacturers and sellers of poisons - License required -
Penalty.
69.40.055 Selling repackaged poison without labeling - Penalty.
69.41.010 Definitions.
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2023 State Legislative Session
69.41.030 Sale, delivery, &r-possession, or use of legend drug without
prescription or order prohibited - Exceptions - Penalty=
Referral to assessment and services.
69.41.050 Labeling requirements - Penalty.
69.41.060 Search and seizure.
69.41.072 Violations of cGhapter 69.50 RCW not to be charged under
;chapter 69.41 RCW - Exception.
69.41.170 Coercion of pharmacist prohibited - Penalty.
69.41.320 Practitioners - Restricted use - Medical records.
69.41.350 Penalties.
69.43.010 Report to pharmacy quality assurance commission - List of
substances - Modification of list - Identification of purchasers
- Report of transactions - Penalties.
69.43.020 Receipt of substance from source outside state - Report -
Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions - Report - Penalty.
69.43.040 Reporting form.
69.43.043 Recordkeeping requirements - Penalty.
69.43.048 Reporting and recordkeeping requirements - Submission of
computer readable data, copies of federal reports.
69.43.080 False statement in report or record - Class C felony.
69.43.090 Permit to sell, transfer, furnish, or receive substance -
Exemptions - Application for permit - Fee - Renewal - Penalty.
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine - Sales
restrictions - Record of transaction - Exceptions - Penalty.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine - Sales
restrictions - Electronic sales tracking system - Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine -
Possession of more than fifteen grams - Penalty - Exceptions.
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2023 State Legislative Session
69.43.130 Exemptions - Pediatric products - Products exempted by the
pharmacy quality assurance commission.
69.43.135 Iodine, methylsulfonylmethane - Sales restrictions - Recording
of transactions - Penalties.
69.50.101 Definitions.
69.50.102 Drug paraphernalia - Definitions.
69.50.202 Nomenclature.
69.50.204 Schedule I.
69.50.206 Schedule II.
69.50.208 Schedule III.
69.50.210 Schedule IV.
69.50.212 Schedule V.
69.50.315 Medical assistance - Drug-related overdose - Prosecution for
possession.
69.50.401 Prohibited acts: A - Penalties.
69.50.4011 Counterfeit substances - Penalties - Referral to assessment
and services.
69.50.4012 Delivery of substance in lieu of controlled substance - Penalty.
69.50.4013 Possession of controlled substance - Penalty - Possession of
useable anacannabis, n9arijuaiga cannabis concentrates,
or ngar-ijuanacannabis-infused products - Delivery.
69.50.4014 Possession of forty grams or less of n9aFiJuana cannabis -
Penalty - Referral to assessment and services.
69.50.4015 Involving a person under eighteen in unlawful controlled
substance transaction - Penalty.
69.50.4016 Provisions not applicable to offenses under RCW 69.50.410.
69.50.4017 Alternatives to prosecution - Pretrial diversion.
69.50.4018 Sentencing considerations.
69.50.402 Prohibited acts: B - Penalties.
69.50.403 Prohibited acts: C - Penalties.
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2023 State Legislative Session
69-50.404 Penalties under other laws.
69.50.405 Bar to prosecution.
69.50.407 Conspiracy.
69.50.408 Second or subsequent offenses.
69.50.410 Prohibited acts: D - Penalties.
69.50.412 Prohibited acts: E - Penalties.
69.50.4121 Drug paraphernalia - Sellingg - Penalty.
69.50.416 Counterfeit substances prohibited - Penalties.
69.50.418 Tableting and encapsulating machines prohibited - Penalties.
69.50.420 Violations - Juvenile driving privileges.
69.50.435 Violations committed in or on certain public places or facilities
- Additional penalty - Defenses - Construction - Definitions.
69.50.445 Opening package of or consuming aanacannabis, useable
tta racannabis, aFijuarracannabis-infused products, or
raijaafra-cannabis concentrates in view of general public or
public place - Penalty.
69.50.450 Butane or other explosive gases.
69.50,465 Conducting or maintaining cannabis club - Penalty.
69.50.475_ Cannabis retail outlets - Sale to persons under the
age of twenty-one - Penalty.
69.50.505 Seizure and forfeiture.
69.50.506 Burden of proof; liabilities.
69.50.509 Search and seizure of controlled substances.
69.50.510 Search and seizure at rental premises - Notification of landlord.
69.50.560 Controlled purchase programs - Persons under age twenty-one
- Violation - Criminal penalty - Exceptions.
69.51A.005 Purpose and intent.
69.51A.010 Definitions.
69.51A.030 Acts not constituting crimes or unprofessional conduct - Health
care professionals not subject to penalties or liabilities.
48 Criminal Code Amendments -
2023 State Legislative Session
69.51A.040 Compliance with chapter - Qualifying patients and designated
providers not subject to penalties - Law enforcement not
subject to liability.
69.51A.043 Failure-te-register- Affirmative defense.
69.51A.045 Possession of plants, -ar+j-+ana-cannabis concentrates, useable
arracannabis, or aanacannabis-infused products
exceeding lawful amount - Affirmative defense.
69.51A.050 Medical nqai=ijuaiqacannabis, lawful possession - State not
liable.
69.51A.055 Limitations of chapter - Persons under supervision.
69.51A.060 Crimes - Limitations of chapter.
69.51A.130 State and municipalities - Not subject to liability.
69.51A.210 Qualifying patients or designated providers - Authorization -
Health care professional may include recommendations on
amount of cannabisarra.
69.51A.240 Unlawful actions - Criminal penalty.
69.51A.260 Housing unit - No more than fifteen plants may be grown or
located - Exception - Civil penalties.
69.52.010 Legislative findings.
69.52.020 Definitions.
69.52.030 Violations - Exceptions.
69.52.040 Seizure of contraband.
69.52.045 Seizure at rental premises - Notification of landlord.
69.52.070 Violations - Juvenile driving privileges.
69.53.010 Unlawful use of building for drug purposes - Liability of owner
or manager - Penalty.
69.53.020 Unlawful fortification of building for drug purposes - Penalty.
69.53.030 Unlawful use of fortified building - Penalty.
69.55.010 Theft of ammonia.
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2023 State Legislative Session
69.55.020 Unlawful storage of ammonia.
69.55.030 Damages - Liability.
69.75.010 Definitions.
69.75.020 Retail sales - Proof of age from purchaser - Unlawful acts,
exceptions - Penalties.
69.75.040 Construction of chapter.
69.75.050 Preemption.
69.90.010 Definitions.
69.90.020 Sale of "kosher" and 'kosher style" food products prohibited if
not kosher - Representations - Penalty.
SECTION 16. - Amendment - Section 9.02.710. Section 9.02.710
of the Kent City Code, entitled "Public facility - Illegal activity - Exclusion,'
is amended as follows:
Sec. 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, unsafe, or otherwise 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 interference or fear of the illegal activity of others.
B. Whenever a police officer has probable cause to believe that a person
has committed any act set forth in subsection (F) of this section on or at any
public facility as described in subsection (G) of this section, the officer may,
by written order, exclude that person from entering the public facility where
the act was committed; provided, further, that if the public facility where
50 Criminal Code Amendments -
2023 State Legislative Session
the act was committed is part of a public facility assemblage as described in
subsection (H) of this section, the officer may, by written order, exclude that
person from entering all public facilities within that assemblage.
C. If the offender:
1. Has not been issued an exclusion notice within one year prior
to the violation or the current violation is not a felony violation, a weapon
violation, or a violation involving an act of violence or threat of violence,
then the officer may exclude the offender from the public facility or public
facility assemblage in which the current violation occurred for a period of 45
days from the date of the exclusion 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 violence or threat of violence,
then the officer may exclude the offender from the public facility or public
facility assemblage in which the current violation occurred for a period of 90
days from the date of the 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 current violation, then the officer
may exclude the offender from the public facility or public facility
assemblage in which the current violation occurred for a period of 364 days
from the date of the exclusion notice.
4. Has been issued two or more exclusion notices within the one
year prior to the current violation and, in combination, the current violation
and those prior violations did not occur at the same public facility or within
the same public facility assemblage, or if the offender has been issued one
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
51 Criminal Code Amendments -
2023 State Legislative Session
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 consequences for failure to
comply with the exclusion notice, as well as procedures for seeking review
of the exclusion, shall be contained within the exclusion notice.
E. The person subject to the exclusion notice shall have the right to a
hearing to seek the modification or rescission of the exclusion. For the
purposes of exclusion modification or rescission hearings, the city's hearing
officer shall be the city of Kent's director of parks, recreation, and
community services or his/her designee, or the person acting in the position
of the director or designee in his/her absence.
1. A request for hearing shall be in writing and shall be
accompanied by a copy of the exclusion notice for which the hearing is
sought. The request shall contain the address of the offender, and it shall
be the responsibility of the offender to notify the hearing officer of any
change of address. The hearing shall occur and a decision be rendered within
10 business days after the city's hearing officer receives the request for
hearing. Notice of the hearing shall be effective upon the third business day
after placement of the notice in the mail to the address provided by the
offender.
2. The parties to the hearing shall be the city and the offender. At
the hearing, the violation that forms the basis for the exclusion notice must
be proved by a preponderance of the evidence in order to uphold the
exclusion. The offender need not be charged with a crime or civil infraction
in a court of law, and need not be convicted or found to have committed the
alleged violation in a court of law for the exclusion to be upheld. The city's
52 Criminal Code Amendments -
2023 State Legislative Session
hearing officer shall consider the exclusion notice and a sworn report or a
declaration made under penalty of perjury as authorized by RCW
9A.72.0108-5, written by the police officer who issued the exclusion notice,
without further evidentiary foundation. Both the city and the offender may
submit physical or written evidence, or call witnesses to testify. The city's
hearing officer may consider information and evidence that would not be
admissible in a court of law under the evidence rules but which the hearing
officer considers relevant and trustworthy. Each party shall be responsible
for securing the attendance of any witnesses it intends to call to testify.
3. If the violation is proved, the exclusion notice shall be upheld;
however, upon good cause shown, the city's hearing officer may shorten the
duration of the exclusion. If the violation is not proved by a preponderance
of the evidence the city's hearing officer shall rescind the exclusion. If an
exclusion is rescinded, it shall not be considered a prior exclusion for the
purposes of subsection (C) of this section.
4. The decision of the city's hearing officer is final. An offender
seeking judicial review of a decision of the city's hearing officer shall file an
appeal or an application for a writ of review in the King County superior court
within 14 days of the date of the decision.
5. The exclusion shall remain effective during the pendency of any
administrative or judicial proceeding.
6. The determination of the city's hearing officer shall not have
any collateral estoppel effect on a subsequent criminal prosecution or civil
proceeding and shall not preclude litigation of those same facts in a
subsequent criminal prosecution or civil proceeding.
F. An act which may result in the issuance of a written order excluding
a person from a public facility or public facility assemblage may consist of
any of the following when committed on or at a public facility:
1. Any act that qualifies as a felony crime;
53 Criminal Code Amendments -
2023 State Legislative Session
2. Any act that qualifies as a gross misdemeanor or misdemeanor
crime, excluding all traffic offenses except for violations of RCW 46.61.500,
46.61.502, 46.61.503, 46.61.504, and 46.61.525;
3. Any act that qualifies as a violation of RCW 66.44.100 or
69.50.445;
4. Any act that qualifies as a violation of:
a. KCC 4.01.020 Same - Damaging property.
b. KCC 4.01.030 Same - Animals.
C. KCC 4.01.040 Same - Discharging weapons, fireworks.
d. KCC 4.01.080 Prohibited activities - Speed limits,
vehicles, and horses.
e. KCC 4.01.100 Same - Littering.
f. KCC 4.01.120 Same - Fires.
g. KCC 4.01.130 Same - Alcoholic beverages.
h. KCC 4.01.135 Smoking, vaping, or tobacco use in parks
prohibited.
i#. KCC 4.01.140 Same - Golf.
i+. KCC 4.01.150 Use of facilities.
j. KCC 4.01.160 Hours.
l-k. KCC 4.01.190 Sales of refreshments.
MI. KCC 4.01.210 Traffic regulations.
5. Any act that qualifies as a violation of KCC 9.02.840, Urinating
in public.
G. For the purpose of this section, a public facility consists of the
buildings, structures, and equipment, and the adjoining grounds,
appurtenances, and parking areas of any of the following when located
within the city of Kent:
1. Any building maintained or operated by the city of Kent, King
County, or the state of Washington.
54 Criminal Code Amendments -
2023 State Legislative Session
2. Any park maintained by the city of Kent, King County, or the
state of Washington.
3. Any recreational area maintained by the city of Kent, King
County, or the state of Washington, including but not limited to any
skateboard park, the Kent Commons, the Kent Senior Activity Center, the
Kent Resource Center, the Riverbend Golf Complex, the Green River Trail,
the Green River Natural Resources Area, and the Interurban Trail.
4. The city's ShoWare Center, located at 625 W. James Street.
5. The bodies of water known as Lake Meridian and Lake Fenwick
and associated boat ramps and areas of ingress and egress.
6. Any public school maintained by the city of Kent, the Kent
School District, King County, or the state of Washington.
7. The watershed areas owned and operated by the city of Kent,
including Armstrong Springs, Clark Springs, and Kent Springs.
8. Any public library or pool maintained by the city of Kent, King
County, or the state of Washington.
H. For the purpose of this section, a public facility assemblage consists
of a group of public facilities so related to one another geographically that
exclusion from one public facility within the group would be ineffective
without exclusion from the other or others in the same group. A violation
occurring at any public facility within a public facility assemblage shall be
deemed to have occurred within the public facility assemblage. Public facility
assemblages include the following:
1. Downtown public facility assemblage, consisting of Town
Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Kherson Park,
Mill Creek Canyon Earthworks Park, Rosebed Park, Titus Railroad Park,
Uplands Playfield, and the Kent Library.
I. The violation of an exclusion notice is a misdemeanor.
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2023 State Legislative Session
SECTION 17. - 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 18. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 19. - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
"l-Dwv-D,V 6
January 16, 2024
DANA RALPH, MAY01U Date Approved
ATTEST:
January 16, 2024
KIMBERLE KOMOTO, CITY CLERK Date Adopted
January 19, 2024
Date Published
AP VED AS TO FORM: .
`1ieg,
ma uy i
4
s c
A HITE, CITY ATTORNEY µ
56 Criminal Code Amendments -
2023 State Legislative Session
CITY OF KENT
NOTICE OF ORDINANCES
PASSED BY THE KENT CITY COUNCIL
The following are summaries of ordinances passed by the Kent City Council on January
16, 2024.
ORDINANCE NO. 4482 - AN ORDINANCE of the City Council of the City of Kent,
Washington, amending Chapter 9.02 of the Kent City Code, entitled 'Criminal Code,"
to: (i) adopt by reference misdemeanor crimes enacted by the state legislature during
its 2023 sessions for application and enforcement in the City of Kent; and (ii) make
other housekeeping amendments. This ordinance shall take effect and be in force 30
days from and after its passage, as provided by law.
ORDINANCE NO. 4483 - AN ORDINANCE of the City Council of the City of Kent,
Washington, relating to land use and zoning, specifically the rezoning of a 1.09-acre
parcel located at 23453 30th Ave South, Kent, Washington from MHP (Mobile Home
Park) to MTC- 2 (Midway Transit Community 2). This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
A copy of the complete text of any ordinance will be mailed upon request of the City
Clerk.
Kimberley A. Komoto, City Clerk
Kkomoto@KentWA.gov
253-856-5725
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
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KEN990109
was published on January 19, 2024
The full amount of the fee charged for said foregoing publication is the
sum of $108.00
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'
Rudi Alcott
Vice President,Advertising
Subscribed and sworn to me this 19' day of January, 2024 .
Jen fer Tri be , Notary Public for the State of Washington, Residing in
g,Washington
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Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE KENT
CITY COUNCIL
The following are surn-
manes of ordinances
passed by the Kent City
Council on January 16,
2024.
ORDINANCE NO. 4482
-AN ORDINANCE of the
City Council of the City
of Kent, Washington,
amending Chapter 9.02
of the Kent City Code,
entitled'Criminal Code,"
to:(i)adopt by reference
misdemeanor crimes en-
acted by the state legis-
lature during its 2023
sessions for application
and enforcement in the
City of Kent; and (i)
make other housekeep-
ing amendments. This
ordinance shall take ef-
fect and be in force 30
days from and after its
passage,as provided by
law.
ORDINANCE NO. 4483
-AN ORDINANCE of the
City Council of the City
of Kent.Washington,re-
lating to lanc use and
zoning, speeficalty the
rezoning of a 1.09-acre
parcet located at 23453
30th Ave South, Kent,
Washington from MHP
(Mobile Home Park) to
MTC-2(Midway Transit
Community 2).This ordi-
nance shall lake effect
and be in force 30 days
from and after its pas-
sage, as provided by
lw.v
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk
Kimberley A. Komoto,
City Clerk
Kkomoto@KeMWA.gov
25M56-5725
KEN990109
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