Ord 91-089
!-
ORDINANCE NO.
91-89
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING A CRIMINAL CODE AND
PROVIDING FOR THE PENALTIES FOR VIOLATION
THEREOF.
WHEREAS,
the Federal Way City Council finds that this
ordinance is in the interest of the public ~health,
safety and
welfare; NOW, THEREFORE,
DOES ORDAIN AS FOLLOWS:
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
section 1.
Criminal Code.
The Criminal Code for the
City of Federal Way, Washington, is adopted as follows:
Chapters:
9.01
9.04
9.06
9.08
9.10
9.12
9.14
9.16
9.18
9.20
9.22
9.24
9.26
9.28
9.30
9.32
9.34
9.36
CRIMINAL CODE
Preliminary Article
Alcoholic Beveraqes
Reserved
Anticipatory Offenses
Children and Minors. Crimes Relatinq to
Reserved
Controlled Substances. Paraphernalia.
Poisons and Toxic Fumes
Reserved
Fire. Crimes Relatinq to
Firearms and Danqerous Weapons
Frauds. Swindles and False Representations
Parks (Reserved)
Persons. Crimes Relatinq to
Propertv. Crimes Relatinq to
Public Morals. Crimes Relatinq to
Public Officers. Crimes Relatinq to
Public Peace. Crimes Relatinq to
Miscellaneous Crimes
COpy
Chanter 9.01
PRELIMINARY ARTICLE
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
Title, effective date, applicability.
General provisions.
Principles of liability.
Defenses.
Contempt.
Penalty.
Construction.
Severability.
9.01.010
Title. effective date. annlicabilitv.
(A) This title shall be known and may be cited as the city of
Federal Way Municipal criminal Code and shall become effective on
April 1, 1991.
(B) The provisions of this title shall apply to any offense
committed on or after April 1,1991, which is defined in this title
unless otherwise expressly provided or unless the context otherwise
requires, and shall also apply to any defense to prosecution for
such an offense.
(C) The provisions of this title do not apply to or govern
the construction of and punishment for any offense committed prior
to April 1, 1991, or to the construction and application of any
defense to a prosecution for such an offense. Such an offense must
be construed and punished according to the provisions of law
existing at the time of the commission thereof in the same manner
as if this title had not been enacted.
9.01. 020 General nrovisions.
including all future amendments,
adopted by reference:
The following state statutes,
additions or deletions, are
A. RCW 9.01. 055
B. RCW 9.01.110
C. RCW 9.01.130
D. RCW 9A.04.020
E. RCW 9A.04.040
F. RCW 9A. 04 .-050
G. RCW 9A.04.060
H. RCW 9A.04.070
1. RCW 9A.04.090
J. RCW 9A.04.100
K. RCW 9A. 04 .110
Citizen immunity if aiding officer.
Omission, when not punishable.
Sending letter, when complete.
Purposes--Principles of construction.
Classes of crime.
People capable of committing crimes--
Capability of children.
Common law to supplement statutes.
Who amenable to criminal statutes.
Application of general provisions
of the code.
Proof beyond a reasonable doubt.
Definitions
2
9.01. 030 Principles of liability. The following state
statutes, including all future amendments, additions or deletions,
are adopted by reference:
A.
B.
RCW 9A.08.010
RCW 9A.08.020
General requirements of culpability.
Liability of conduct of another--
Complici ty .
Criminal liability of corporations and
persons acting under a duty to act in
their behalf.
C.
RCW 9A.08.030
9.01.040 Defenses. The following state statutes, including
all future amendments, additions or deletions, ,are adopted by
reference:
A.
B.
C.
D.
E.
F.
RCW 9A.12.0l0
RCW 9A.16.010
RCW 9A.16.020
RCW 9A.16.060
RCW 9A.16.070
RCW 9A.16.080
Insanity.
Definition.
Use of force--When lawful.
Duress.
Entrapment.
Action for being detained on mercantile
establishment of premises for
investigation--"Reasonable grounds" as
defense.
Intoxication.
G.
RCW 9A.16.090
9.01.050 Contempt. The following state statutes, including
all future amendments additions or deletions, are hereby adopted by
reference.
D.
E.
F.
G.
A.
B.
C.
RCW 7.21. 010
RCW 7.21.020
RCW 7.21.030
Definitions.
Sanctions--Who may impose.
Remedial Sanctions--
Payment for losses.
Punitive Sanctions--Fines.
sanctions--summary Imposition--Fines.
Administrative Actions or Proceedings--
Petition to Court for Imposition of
Sanctions.
Appellant review.
RCW 7.21. 040
RCW 7.21. 050
RCW 7.21. 060
RCW 7.21. 070
9.01. 060
Penaltv.
A. Any person convicted of a gross misdemeanor shall be
punished by a fine not to exceed five thousand dollars or by
imprisonment in jail for a term not to exceed one year, or by both
such fine and imprisonment.
B. Unless otherwise provided, any person convicted
violating the provisions of this title shall be guilty of a
of
3
misdemeanor and shall be punished by a fine not to exceed one
thousand dollars or by imprisonment in jail for a term not to
exceed ninety days, or by both such fine and imprisonment.
C. A person who is convict~d of a misdemeanor violation of
any provision of RCW 69.50 adopted by reference shall be punished
by imprisonment for not less than twenty-four consecutive hours,
and by a fine of not less than two hundred fifty dollars. On a
second or subsequent conviction, the fine shall not be less than
five hundred dollars. These fines shall be in addition to any
other fine or penalty imposed. Unless the court finds that the
imposition of the minimum imprisonment will pose a substantial risk
to the defendant's physical or mental well being or that local jail
facilities are in an overcrowded condition, the minimum term 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 hours of community service. If a
minimum term of imprisonment is suspended or deferred, the court
shall state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or deferral is
based. Unless the courts finds the person to be indigent, the
minimum fine shall not be suspended or deferred.
9.01.070 Construction. In adopting the state statutes by
reference, only those crimes and offenses within the jurisdiction
of a municipality are intended to be adopted and, in those sections
adopted which deal with both misdemeanors and felonies, only the
language applicable to misdemeanors and gross misdemeanors is to be
applied.
9.01. 080 Severabilitv. If any section, sentence, clause or
phrase of this title should be held to be invalid, or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this title.
Chapter 9.04
ALCOHOLIC BEVERAGES
Sections:
9.04.010
9.04.020
9.04.030
Alcoholic beverage control--Enforcement.
Furnishing liquor to minors-possession-Use.
Opening or consuming liquor in public place.
9.04.010 Alcoholic beveraqe control--Enforcement. The
following state statutes, including all future amendments,
additions or deletions, are adopted by reference and wherever the
4
word "title" or words "this title" are used therein the same shall
be constructed to mean and refer to RCW Title 66 and "this act"
shall mean and refer to the Washington state Liquor Act:
A. RCW 66.04.010
B. RCW 66.20.200
C. RCW 66.20.210
D. RCW 66.28.090
E. RCW 66.44.010
F. RCW 66.44.040
G. RCW 66.44.050
H. RCW 66.44.060
1. RCW 66.44.070
J. RCW 66.44.080
K. RCW 66.44.Ò90
L. RCW 66.44.120
M. RCW 66.44.130
N. RCW 66.44.140
o. RCW 66.44.150
P. RCW 66.44.160
Q. RCW 66.44.170
R. RCW 66.44.175
s. RCW 66.44.180
T. RCW 66.44.200
U. RCW 66.44.210
V. RCW 66.44.240
W. RCW 66.44.250
x. RCW 66.44.280
Y. RCW 66.44.290
z. RCW 66.44.291
AA. RCW 66.44.300
Definitions.
Unlawful acts relating to card of identi-
fication and certification card.
Licensee's immunity to prosecution or
suit--Certification card as evidence of
good faith.
Licensed premises open to inspection--
Failure to allow.
Local officers to enf~rce law--Authority
of board--liquor enforcement officers.
Sufficiency of description of offenses in
complaints, informations, process, etc.
Description of offense in words of
statutes--Proof required.
Proof of unlawful sale establishes prima
facie intent.
Certified analysis is prima facie evidence
of alcoholic content.
Service of process on corporation.
Acting without license.
Unlawful use of seal.
Sale of liquor by drink or bottle.
Unlawful sale, transportation of
spirituous liquor without stamp or seal--
Unlawful operation, possession of still or
mash.
Buying liquor illegally.
Illegal 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
violation.
Sales to persons apparently under the
influence of liquor.
Obtaining liquor for ineligible person.
Drinking in public conveyance--Penalty
against carrier.
Same--penalty against individual.
Minor applying for permit.
Minor purchasing liquor.
Penalty for minor purchasing or attempting
to purchase liquor.
Treating minor, etc., in public place
where liquor sold.
5
BB. RCW 66.44.310
CC. RCW 66.44.320
DD. RCW 66.44.325
EE. RCW 66.44.328
FF. RCW 66.44.340
GG. RCW 66.44.350
HR. RCW 66.44.370
Minor frequenting tavern or cocktail
lounge, misrepresentation of age.
Sales of liquor to minors a violation.
Unlawful transfer to a minor of an
identification card.
Unlawful to transfer to a minor of a
forged, altered, etc. identification card.
Employees eighteen years and over allowed
to sell and carry beer and wine for class
E and/or class F employees.
Employees eighteen years and over allowed
to serve and carry liquor, clean up, etc.
for Class A, C, D anq/or ,H licensed
employees. '
Resisting or opposing officers in
enforcement of title.
9.04.020
Furnishinq liquor to minors--Possession--Use.
A. It is unlawful for any person under the age of twenty-one
years to be or remain in any (public) place after having consumed
liquor.
B. It is' unlawful for anyone under the age of twenty-one
years to acquire or have in his possession or consume any liquor.
C. It is unlawful for anyone to sell, give or otherwise
supply liquor to any person under the age of twenty-one years, or
permit any person under that age to consume liquor on his premises
or on any premises under his control.
D. This section shall not apply when liquor is given or
permitted to be given to a person under the age of twenty-one years
by his parent or guardian and consumed in the presence of the
parent or guardians. This subsection shall not authorize
consumption or possession of liquor by a person under the age of
twenty-one years on any premises licensed under Chapter 66.24 RCW.
E. This section does not apply to liquor given for medicinal
purposes to a person under the age of twenty-one years by a parent,
guardian, physician or dentist.
F. This section does not apply to liquor given to a person
under the age of twenty-one years when such liquor is being used in
connection with religious services and the amount consumed is the
minimal amount necessary for the religious service.
G.
Violation of this section is a misdemeanor.
9.04.030 Openinq or consuminq liquor or possessinq an open
container of liquor in public place. Except as permitted by RCW
6
Title 66, no person shall open a package containing liquor or
possess an open container of liquor, or consume liquor in a public
place; provided: This provision shall not apply to containers kept
in the trunk of a vehicle or in some other area of the vehicle not
normally occupied by the driver or passengers, if the vehicle does
not have a trunk. A utility compartment or glove compartment is
deemed to be within the area occupied by the driver and passengers.
Violation of this section is a misdemeanor.
Chapter 9.06
Reserved
Chapter 9.08
ANTICIPATORY OFFENSES
Section:
9.08.01:0
Anticipatory offenses prohibited.
9.08.010 Anticipatorv offenses prohibited. The following
state statutes, including all future amendments, additions or
deletions, are adopted by reference:
A.
B.
C.
RCW 9A.28.020(1), (2), (3)
RCW 9A.28.030
RCW 9A.28.040(l), (2), (3)
(e)
(e)
Criminal attempt.
Criminal solicitation.
Criminal conspiracy.
Chapter 9.10
CHILDREN AND MINORS. CRIMES RELATING TO
Sections:
9.10.010
9.10.020
9.10.030
Conduct prohibited.
Contributing to the delinquency of a minor.
Leaving children unattended.
9.10.010 Conduct prohibited. The following state statute,
including all future amendments additions or deletions, is adopted
by reference:
A.
RCW 9.68A.090
Communicating with a minor for immoral
purposes.
7
9.10.020 Contributinq to the delinauencv of a minor. In
all cases when any child is dependent or delinquent as defined in
RCW 13.34.030, any person who, by act or omission, knowingly
encourages, causes, or contributes to the dependency or delinquency
of such child, shall be guilty of a misdemeanor.
9.10.030 Leavinq children unattended. It is unlawful for
any person having the care, custody and/or control of minor
children under the age of eight years, to leave such children in a
parked automobile unattended by an adult over the age of eighteen
years, while such vehicle is standing upon a street or alley or in
a public place. Every person convicted of a violation of the
provisions of this section shall be guilty Qf leaving children
unattended, a misdemeanor. '
Chapter 9.12
Reserved
Chapter 9.14
CONTROLLED SUBSTANCES. PARAPHERNALIA.
POISONS AND TOXIC FUMES
Sections:
9.14.010
9.14.020
9.14.030
9.14.040
9.14.050
State statutes adopted by reference.
Drug Paraphernalia - Possession prohibited.
Drug Paraphernalia - Definitions.
Inhaling toxic fumes.
Poisons.
9.14.010 State statutes adopted bv reference. The
following state statutes, including all future amendments,
additions or deletions, are adopted by reference:
A.
B.
C.
D.
E.
F.
G.
H.
RCW 69.50.101
RCW 69.50.204(d) (13)
RCW 69.50.309
RCW 69.50.401(e)
RCW 69.50.412
RCW 69.50.505
RCW 69.50.506
RCW 69.50.509
Definitions.
Schedule I--Marijuana
Containers.
Prohibited Acts: A--Penalties.
Prohibited Acts: E--Penalties
Seizure and forfeiture.
Burden of proof.
Search and seizure of controlled
substances.
9.14.020 Druq paraphernalia--possession prohibited. No
person shall possess any drug paraphernalia as defined in Federal
8
Way Code 9.14.030.
misdemeanor.
Possession
of
drug
paraphernalia
is
a
9.14.030
Druq Paraphernalia--Definitions.
A. As used in this chapter, "drug paraphernalia means all
equipment, products, and materials of any kind which are used"
intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, inj ecting,
ingesting, inhaling, smoking, or otherwise introducing into the
human body a controlled substance. It includes; but is not limited
to:
(1) Kits used, intended for use, or designed for use in
planting, propagating, cuI ti vating, growing or harvesting
of any species of plant which is a controlled substance
or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing,
processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or
designed for use in increasing the potency of any species
of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or
designed for use in identifying or in analyzing the
strength, effectiveness, or purity of controlled
substances;
(5) Scales and balances used, intended for use, or
designed for use in weighing or measuring controlled
substances;
(6) Diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose, and lactose,
used, intended for use, or designed for use in cutting
controlled substances;
(7) Separation gins and sifters used, intended for use,
or designed for use in removing twigs and seeds from, or
in otherwise cleaning or refining, marihuana;
(8) Blenders, bowls, containers, spoons, and mixing
devices used, intended for use, or designed for use in
compounding controlled substances;
9
(9) Capsules, balloons, envelopes, and other containers
used, intended for use, or designed for use in packaging
small quantities of controlled substances;
(10) Containers and other objects used, intended for use,
or designed for use in storing or concealing controlled
substances;
(11) Hypodermic syringes, needles, and other objects
used, intended for use, or designed for use in
parenterally injecting controlled substances into the
human body.
(12) A device "designed primarily for" such smoking or
ingestion set forth in subsection (A) above is a device
which has been fabricated, constructed, altered,
adjusted, or marked especially for use in the smoking,
ingestion or consumption of marihuana, hashish, hashish
oil, cocaine, or any other "controlled substance", and is
peculiarly adapted to such purposes by virtue of a
distincti ve feature or combination of features associated
with drug paraphernalia, notwithstanding the fact that it
might also be possible to use such device for some other
purpose. Paraphernalia includes, but is not limited to,
the following items or devices:
(i) Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without screens,
permanent screens, hashish heads, or punctured
metal bowls;
(ii)
(iii)
Water pipes;
Carburetion tubes and devices;
(iv)
Smoking and carburet ion masks;
(v) Roach clips: Meaning objects used to
hold burning material, such as a marihuana
cigarette, that has become too small or too short
to be held in the hand;
(vi)
vials;
Miniature
cocaine
spoons,
and
cocaine
(vii)
Chamber pipes;
(viii)
Carburetor pipes;
10
(ix) A smokable pipe which contains a heating
unit, whether the device is known as an "electric
pipe", or otherwise;
(x)
(xi)
Air-driven pipes;
Chillums;
(xii) A device constructed so as to prevent the
escape of smoke into the air and to channel smoke
into a chamber where it may be accumulated to
permit inhalation or ingestion of larger quantities
of smoke than would otherwise he possible, whether
the device is known as a "bong"-or otherwise;
(xiii) A device constructed so as to permit the
simultaneous mixing and ingestion of smoke and
nitrous oxide or other compressed gas, whether the
device is known as a "buzz bomb", or otherwise;
(xiv) A canister, container or other device
with a tube, nozzle or other similar arrangement
attached thereto so constructed as to permit the
forcing of smoke accumulated therein into the
user's lungs under pressure, whether the device is
known as a "power hitter", or otherwise;
(xv) A device for holding a marijuana
cigarette, whether the device is known as a "roach
clip", or otherwise;
(xvi) A spoon for ingestion of a controlled
substance through the nose;
(xvii) A straw or tube for ingestion of
controlled substance through the nose or mouth;
a
(xviii) A smokable pipe constructed with a
receptacle or container in which water or other
liquid may be placed into which smoke passes and is
cooled in the process of being inhaled or ingested;
(xix)
Ice pipes or chillers.
B. In determining whether an object is drug paraphernalia
under this section, a court or other authority should
consider, in addition to all other logically relevant factors,
the following:
11
1. statements by an owner or by anyone in control of
the object concerning its use;
2 . Pr ior convictions, if any, of an owner, or of anyone
in control of the object, under any state or federal law
relating to any controlled substance;
3. The proximity of the object, in time and space, to
a direct violation of this chapter;
4. The proximity
substances;
of
the
object
to
controlled
5. The existence of any
substances on the object;
residue
of
controlled
6. Direct or circumstantial evidence of the intent of
an owner, or of anyone in control of the object, to
deliver it to persons whom he or she knows, or should
reasonably know, intend to use the object to facilitate
a violation of this chapter; the innocence of an owner,
or of anyone in control of the object, as to a direct
violation of this chapter shall not prevent a finding
that the object is intended or designed for use as drug
paraphernalia;
7. Instructions, oral or written, provided with the
object concerning its use;
8. Descriptive materials accompanying the object which
explain or depict its use;
9.
National and local advertising concerning its use;
10. The manner in which the object is displayed for
sale;
11. Whether the owner, or anyone in control of the
object, is a legitimate supplier of like or related items
to the community, such as a licensed distributor or
dealer of tobacco products;
12. Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business
enterprise;
13. The existence and scope of legitimate uses for the
object in the community; and
14.
Expert testimony concerning its use.
12
9.14.040 Inhalinq toxic fumes. The following state
statutes, including all future amendments, additions or deletions,
are adopted by reference:
A.
B.
C.
RCW 9.47A.010
RCW 9.47A.020
RCW 9.47A.030
Definition.
Unlawful inhalation--Exception.
Possession of certain substances
prohibited, when.
Sale of certain substances
prohibited, when.
D.
RCW 9.47A.040
9.14.050 Poisons. The following state statutes, including
all future amendments, additions or deletio1)s, are adopted by
reference:
A.
B.
C.
D.
E.
F.
RCW 69.38.010
RCW 69.38.020
RCW 69.38.030
RCW 69.38.040
RCW 69.38.050
RCW 69.38.060
Poison defined.
Exceptions.
Poison register.
Poison register--Penalty
False representations.
License required.
for violations.
Chapter 9.16
Reserved
Chapter 9.18
Sections:
FIRE. CRIMES RELATING TO
9.18.010
9.18.020
Reckless Burning.
False fire alarms and miscellaneous crimes.
9.18.010 Reckless burninq.
including all future amendments,
adopted by reference:
A.
B.
C.
The following state statutes,
additions or deletions, are
RCW 9A.48.010
RCW 9A.48.050
RCW 9A.48.060
Definitions.
Reckless burning in the second degree.
Reckless burning--defenses.
9.18.020 False fire alarms and miscellaneous crimes. The
following state statutes, including all future amendments,
additions or deletions, are adopted by reference:
A.
RCW 9.40.040
Operating engine or boiler without
spark arrester.
13
B.
RCW 9.40.100
Sections:
9.20.010
9.20.020
9.20.030
9.20.040
9.20.050
Injuring or tampering with fire
apparatus or equipment--sounding
alarm or fire.
alarm
false
Chacter 9.20
FIREARMS AND DANGEROUS WEAPONS
Firearms and dangerous weapons--Prohibitions.
Unlawful use of air guns-~enalty.
Weapons prohibited on liquor sale premises.
Firearms prohibited in certain places--
Exceptions--Penalty.
Discharge of Firearms Prohibited
9.20.020 Firearms and danaerous weacons--Prohibitions. The
following state statutes, including all future amendments,
additions or deletions, are adopted by reference:
A. RCW 9.41. 010
B. RCW 9.41.050
C. RCW 9.41. 060
D. RCW 9.41.080
E. RCW 9.41. 098
F. RCW 9.41.100
G. RCW 9.41.120
H. RCW 9.41.130
1. RCW 9.41.140
J. RCW 9.41.150
K. RCW 9.41.170
L. RCW 9.41.230
M. RCW 9.41.240
N. RCW 9.41. 250
o. RCW 9.41.260
P. RCW 9.41.270
Q. RCW 9.41. 280
Terms defined.
Carrying pistol.
Exception.
Delivery to minors and others
Forfeiture of firearms, order
Return to owner--Confiscation
enforcement officer.
Dealers to be licensed.
certain transfers forbidden.
False information forbidden.
Alteration of identifying marks
prohibited.
Exceptions.
Alien's license to carry firearms--
Exception.
Aiming or discharging firearms.
Use of firearms by minor.
Dangerous weapons--Evidence.
Dangerous exhibitions.
Weapons apparently capable of producing
bodily harm, carrying, exhibiting,
displaying or drawing unlawful--Penalty--
Exceptions.
Students carrying dangerous weapons on
school property.
forbidden.
by courts--
by law
14
9.20.020
Unlawful use of air quns--Penaltv.
A. It is unlawful for any person to point or shoot an air
gun at any person or property of another, or to aim or discharge
such weapon in the direction of the person or residence of another
while within such range as to cause or inflict injury to the perso~
or damage the property of another.
B. As used in this section, "air gun" means and includes the
following: air gun, air pistol, air rifle, BB gun and toy or other
guns of any kind or nature when so designed, contrived, modified
and used to propel, by compressed air or spring-loaded plunger, any
pellet, dart, hard-tipped arrow, bean, pea, BBï rock or other hard
substance a distance of more than twenty-five feet with sufficient
force to break windows or inflict injury upon persons or animals.
C. Any person convicted of a violation of the provisions of
this section is guilty of a misdemeanor and, in addition to any
other punishment imposed by the court, the court shall direct that
the weapon so used in violation of the provisions hereof be
confiscated, and shall thereafter be disposed of in accordance with
statutes or ordinances governing the disposal of confiscated or
found weapons"
9.20.030
Weapons prohibited on liquor sale premises.
A. It is a misdemeanor for anyone, on or in any premises in
the City where alcoholic beverages are dispensed by the drink to:
1. Carry in any manner any firearm, rifle or handgun,
whether said person has a license or permit to carry said firearm
or not, a~d whether said firearm is concealed or not;
2. Carry any knife, sword, dagger or other cutting or
stabbing "instrument, with a blade of a length of three inches or
more, or any razor with an unguarded blade, whether said weapon or
instrument is concealed or not;
3. Carry any instrument or weapon of the kind usually
known as a slingshot, taser, throwing star, bow, sand club,
blackjack, metal knuckles, or any stick, chain, metal pipe, bar,
club or combination thereof including a device known as numchuk
sticks, or any like device having the same or similar components or
parts, whether or not connected by a rope, chain or other device,
or any explosive or any poison or injurious gas, or any other
instrument or weapon apparently capable of producing bodily harm,
whether said instrument or weapon is concealed or not.
15
B. Exceptions: The provisions of subsection A of this
section shall not apply to or affect the following:
1. Any lawful act committed by a person while in his
fixed place of business.
2. Any person who by virtue of his office or public
employment is vested by law with a duty to preserve public safety
maintain public order, or to make arrests for offenses, whethe~
during regular duty hours or not; or
3. Any person making or assisting in making a lawful
arrest for the commission of a felony.
C. Upon conviction, the weapon or instrument involved may be
confiscated by order of the court and shall thereafter be disposed
of in accordance with statutes or ordinances governing the disposal
of confiscated or found property.
9.20.040
Penaltv.
Firearms prohibited in certain places--Exceptions--
A. It is unlawful for any person to enter the following
places when he or she knowingly possesses or knowingly has under
his or her control a firearm:
1. The restricted access areas of a jail, or of a law
enforcement facility, or any place used for the confinement of a
person (i) arrested for, charged with, or convicted of an offense,
(ii) charged with being or adjudicated to be a juvenile offender as
defined in RCW 13.40.020, (iii) held for extradition or as a
material witness, or (iv) otherwise confined pursuant to an order
of a court, except an order under chapter 13.32A or 13.34 RCW.
Restricted access areas do not include common areas of egress or
ingress open to the general public.
Exception: This subsection does not apply to a person
licensed pursuant to RCW 9.41.070 who, upon entering the place or
facility, directly and promptly proceeds to the administrator of
the facility or the administrator's designee and obtains written
permission to possess the firearm while on the premises or checks
his or her firearm. The person may 'reclaim the firearms upon
leaving but must immediately and directly depart from the place or
facility.
2. A courtroom or judge's chamber, while either is
being used for any judicial proceeding. This does not include
common areas of egress and ingress of the courthouse.
16
ExceDtion. The subsection does not apply to a judge or
court employee or to any person licensed under RCW 9.41.070 who,
before entering the restricted area, directly and promptly proceeds
to the court administrator or the administrator's designee and
obtains written permission to possess the firearm.
3. The restricted access areas of a public mental
health facility certified by the department of social and health
services for inpatient hospital care and state institutions for the
care of the mentally ill, excluding those facilities solely for
evaluation and treatment. Restricted areas do not include common
areas of egress and ingress open to the general public.
ExceDtion. This subsection does not apply to any
administrator or employee of the facility or to any person who,
upon entering the place or facility, directly and promptly proceeds
to the administrator of the facility or the administrator's
designee and obtains written permission to possess the firearm
while on the premises.
4. That portion of an establishment classified by the
state liquor control board as off-limits to persons under twenty-
one years of age.
ExceDtion. This subsection does not apply to the
proprietor of the premises or his or her employees while engaged in
their employment.
5.
The
council
Chambers
of
the
Federal
Way
city
Council.
B.
The provisions of this section do not apply to:
1. A person engaged in military activities sponsored by
the federal or state governments, while engaged in official duties;
2.
Law enforcement personnel; or
3.
Security personnel while engaged in official duties.
C. Any
misdemeanor.
person
violating
this
section
is
guilty
of
a
9.20.050
Discharqe of firearms Drohibited.
A. It is unlawful for any person to knowingly discharge a
firearm within the city.
B.
The provisions of this section do not apply to:
1.
A person engaged in military activities sponsored by
17
the federal or state governments, while engaged in official duties;
2.
Law enforcement personnel; or
3.
Security personnel while engaged in official duties.
4. A person utilizing a properly licensed
instructional, membership and/or commercial shooting range.
Chapter 9.22
Sections:
FRAUDS. SWINDLES AND FALSE REPRESE~TATIONS
9.22.010
9,.22.020
Frauds and swindles.
False representations.
9.22.010 Frauds and swindles. The following state
statutes, including all future amendments, additions or deletions,
are adopted by reference:
A. RCW 9.04.010
B. RCW 9.45.060
C. RCW 9.45.062
D. RCW 9.45.070
E. RCW 9.45.080
F. RCW 9.45.090
G. RCW 9.45.100
H. RCW 9.45.180
1. RCW 9.45.190
J. RCW 9.45.240
K. RCW 9.45.250
L. RCW 9A.60.040
M. RCW 9A.60.050
False advertising.
Encumbered, leased or rented personal
property.
Failure to deliver leased personal.
property--Requisites for presentation--
Construction.
Mock aucticms.
Fraudulent removal of property.
Knowingly receiving fraudulent conveyance.
Fraud in assignment for benefit of
creditors.
Fraud in operating coin-box telephone or
other receptacle.
Penalty for manufacture or sale of slugs
to be used for coin.
Fraud in obtaining telephone or telegraph
service.
Fraud in obtaining cable television
services.
Criminal impersonation.
False certification.
9.22.020 False representations. The following state
statutes, including all future amendments, additions or deletions,
are adopted by reference:
A.
B.
RCW 9.38.010
RCW 9.38.020
False representation concerning credit.
False representation concerning title.
18
Chapter 9.24
PARKS
(Reserved)
Chapter 9.26
PERSONS. CRIMES RELATING TO
Sections:
9.26.010
Assault and other crimes involving physical
harm.
Menacing.
Aggressive begging.
Harassment.
Custodial interference.
Violation of civil anti-harassment order.
9.26.020
9.26.030
9.26.040
9.26.050
9.26.060
9.26.010 Assault and other crimes involvinq phvsical harm.
The following state statutes, including all future amendments,
additions or deletions, are adopted by reference:
A.
B.
C.
D.
RCW 9A.36.041
RCW 9A.36.050
RCW 9A.36.070
RCW 9.61. 340
Assault in the fourth degree.
Reckless endangerment.
Coercion.
Telephone calls to harass, intimidate,
torment or embarrass.
Same--Permitting telephone to be used.
Same--Offenses, where deemed committed.
E.
F.
RCW 9.61.240
RCW 9.61. 250
9.26.020 Menacinq. A person is guilty of menacing when he
or she knowingly causes or attempts to cause another person to
believe that he or she or any member of his or her family will be
the victim of serious physical injury or death. Menacing is a
gross misdemeanor.
9.26.030
Aqqressive beqqinq.
A. It is a crime for any person to engage in aggressive
begging in any public place in the City as those terms are defined
by this section.
B.
Definitions.
As used in this section:
1. "Aggressive begging" means to beg with intent to
intimidate another person into giving money or goods.
2.
"Beg" means to ask for money or goods as a charity,
19
whether by words, bodily gestures, signs or other means.
3. "Intimidate"
submission or obedience.
means
to
frighten
into
coerce
or
4. "Public place" means any road, alley, lane, parking
area, sidewalk or any place, private or otherwise, adopted to and
fitted for vehicular or pedestrian travel, that is in common use by
the public with the consent, expressed or implied, of the owner or
owners, and further, any public playground, school grounds,
recreation grounds, parks, parkways, park drives, park paths and
rights-of-way open to the use of the public.
9.26.040 Harassment. The following state statutes,
including all future amendments, additions or deletions, are
adopted by reference:
A.
B.
C.
RCW 9A.46.020
Rcw 9A.46.030
RCW 9A.46.040
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.
Nonliability of peace officer.
"Convicted," time when.
D.
E.
F.
G.
H.
1.
RCW 9A.46.050
RCW 9A.46.060
RCW 9A.46.070
RCW 9A.46.080
RCW 9A.46.090
RCW 9A.46.l00
9.26.080 050 Custodial interference. The following state
statutes, including all future amendments, additions or deletions,
are hereby adopted by reference:
A.
RCW 9A.40.070
Custodial interference in the second
degree. ,
Custodial interference--Assessment of
costs--Defense--Consent defenses,
restricted.
B.
RCW 9A.40.080
9.26.080 060 Violation of civil anti-harassment orders. It
is a gross misdemeanor to willfully disobey a temporary or
permanent anti-harassment order issued pursuant to RCW Chapter
10.14.
ChaDter 9.28
sections:
PROPERTY. CRIMES RELATING TO
9.28.010
Theft, unauthorized issuance of bankchecks
20
9.28.020
and possession of stolen property.
Malicious mischief and obscuring identity
of machines.
Trespass and related crimes.
Disruption of school activities.
9.28.030
9.28.040
9.28.010 Theft. unauthorized issuance of bankchecks and
possession of stolen crocertv. The following state statutes,
including all future amendments, additions or deletions, are
adopted by reference:
A. RCW 9A.56.010
B. RCW 9A.56.020
C. RCW 9A.56.050
D. Rcw 9A.56.060
E~ RCW 9A.56.140
F. RCW 9A.56.170
G. RCW 9.54.130
H. RCW 9A.56.220
1. RCW 9A.56.230
J. RCW 9A.56.240
K. RCW 9A.56.260
L. RCW 9A.56.270
Definitions.
Theft--Definition, defense.
Theft in third degree.
(1) (2) (3) (5) Unlawful issuance of
checks or drafts.
Possessing stolen property--Definition,
credit cards, presumption.
Possessing stolen property in the
third degree.
Restoration of stolen property--
Duty of officers.
Theft of cable television services.
Unlawful sale of cable television
services.
Forfeiture and disposal of device used to
commit violation.
Connection of channel converter.
Shopping cart theft.
9.28.020 Malicious mischief and obscurinq identifv of
machines. The following state statutes, including all future
amendments, additions or deletions, are adopted by reference:
A.
B.
RCW 9A.48.090
RCW 9A.48.100(l)
Malicious mischief in the third degree.
Malicious mischief and physical damage
defined.
Obscuring identity of a machine.
C.
RCW 9A.56.180
9.28.030 Trespass and related crimes. The following state
statutes, including all future amendments, additions or deletions,
are adopted by reference:
A.
B.
C.
D.
E.
F.
G.
RCW 9A.52.010
RCW 9A.52.060
RCW 9A.52.070
RCW 9A.52.080
RCW 9A.52.090
RCW 9A.52.100
RCW 9A.52.120
Definitions.
Making or having burglary tools.
Criminal trespass in the first degree.
Criminal trespass in the second degree.
Criminal trespass--Defenses.
Vehicle prowling.
Computer trespass in the second degree.
21
H.
RCW 9A.52.130
Computer trespass--Commission of other
crime.
9.28.040
Disruption of school activities.
A. A person is guilty of disruption of school activities if
he or she comes into or remains in any school building, classroom
or upon any school ground, or street, sidewalk or public way
adjacent thereto, and intentionally causes disruption of the
activities of the school.
A. As used in this section, "school" has its ordinary
meaning and also includes universities, colleges, community
colleges and institutions of higher education.'
Chapter 9.30
PUBLIC MORALS. CRIMES RELATING TO
Sections:
9.30.010
Definitions.
9.30.020
9.30.030
Indecent exposure.
Location of performers providing certain
forms of entertainment restricted.
Prostitution.
Prostitution--Sex of parties immaterial--
No defense.
Patronizing a prostitute.
Sexua¡ exploitation of children.
Urinating in public.
9.30.b40
9.30.050
9.30.060
9.30.070
9.30.080
9.30.010 Definitions. For the purpose of this chapter, the
following words, terms or phrases shall have the following
meaning:
A. "Actor" means a
violation of this chapter.
person
who
engages
in
conduct
in
B. "Expressive dance" means any dance which, when considered
in the context of the entire performance, constitutes an expression
of theme, story, or ideas, but excluding any dance such as, but not
limited to, common barroom type topless dancing which, when
considered in the context of the entire performance, is presented
primarily as a means of displaying nudity as a sales device or for
other commercial exploitation without substantial expression of
theme, story or ideas, and the conduct appeals to the prurient
interest, depicts sexual conduct in a patently offensive way and
lacks serious literary, artistic, political or scientific value.
22
C. "Exposed" means the state of being revealed, exhibited or
otherwise rendered to public view.
D. "Known prostitute or panderer" is a person who, within
one year prior to the date of arrest for a violation of this
chapter, has been convicted of violating any ordinance or law of
any jurisdiction within the state of Washington defining and
punishing acts of soliciting, committing, or offering or agreeing
to commit prostitution.
E. "Person" means and includes natural persons of either
sex, firms, corporations and all associations of natural persons,
whether acting by themselves or by an agent, servant or employee.
F. "Sexual contact" means any touching of the sexual or
other intimate parts of a person done for the purpose of gratifying
sexual desire of either party.
G.
"Sexual activity" means:
1. Sexual intercourse wi thin its ordinary meaning,
occurring upon any penetration, however slight; and
2. Also means any penetration of the vagina or anus,
however slight, by an object, when committed on one person by
another, whether such persons are of the same or opposite sex,
except when such penetration is accomplished for medically
recognized treatment or dia~nostic purposes; and
3. Also means any act of sexual contact between persons
involving the sex organs of one person and the mouth or anus of
another whether such persons are of the same or opposite sex; and
4. Also means masturbation, manual or instrumental, of
one person by another.
9.30.020
Indecent exposure.
A. A person is guilty of indecent exposure if he
intentionally makes any open and obscene exposure of his person or
the person of another knowing that such conduct is likely to cause
reasonable affront or alarm.
B. Indecent exposure is a misdemeanor unless such person
exposes himself to a person under the age of fourteen years in
which case indecent exposure is a gross misdemeanor.
9.30.030 Location of performers providinq certain forms of
entertainment restricted. No entertainer shall appear in any
public place while unclothed or with any portion of the buttocks,
23
--
(
genitals, pubic region or female breasts exposed, except upon a
stage crcther surface raised at least eighteen inches above the
level of ~he floor upon which the closest patrons are seated or
standing, nor closer than six feet from the nearest patron. Any
violation of this section is a misdemeanor.
9.30.040
Prostitution.
A.
Unlawful Acts.
It is unlawful for anyone:
1. To commit or offer or agree to commit an act of
prostitution; or
2. To secure or offer to secure another for the purpose
of committing an act of prostitution; or
3. To knowingly transport a person into or within the
City with purpose of promoting that person's engaging in
prostitution, or procuring or paying for transportation with that
purpose; or
4. To knowingly receive, offer or agree to receive
another into any place or building for the purpose of performing an
act of prostitution, or to knowingly permit another to remain there
for any such purpose; or
5. To direct another to any place for the purpose of
committing an act of prostitution; or
6. To knowingly in any way aid, abet or participate in
an act of prostitution; or
7. To remain in or near any street, sidewalk, alleyway
or other place open to the public with the intent of committing, or
inducing, enticing, soliciting or procuring another to commit an
act of prosti tution. Among the circumstances which may be
considered in determining whether the actor intends such prohibited
conduct are:
a.
That
the
actor
is
a
known
prostitute
or
panderer; or
b. The actor repeatedly beckons to, stops or
attempts to stop, or engages passersby in conversation, or
repeatedly stops or attempts to stop motor vehicle operators by
hailing, waving of arms or any other bodily gesture; or
c. The actor circles an area in a motor vehicle
and repeatedly beckons to, contacts, or attempts to stop
pedestrians; or
24
d. The actor inquires whether a potential patron,
procurer or prostitute is a police officer, searches for articles
that would identity a police officer, or requests the touching or
exposing of geni~als or female breasts to prove that the person is
not a police officer. - -
8. To enter or remain in any" area of prostitution" in
violation of a condition of probation.
B.
Probation Violations.
1. Whenever a police officer shall have probable cause
to believe that a probationer, prior to the _termination of the
period of his/her probation, is, in such officer's presence,
violating or failing to comply with any requirement or restriction
imposed by the court as a condition of such probation, such officer
may cause the probationer to be brought before the court wherein
sentence was deferred or suspended, and for such purpose such
police officer may arrest such probationer without warrant or other
process.
2. As used in this section, "probationer" means any
person who, after conviction of a violation of this chapter,
Chapter 12.63 of the King County Code or Chapter 9A.S8 RCW, has
been placed on probation in connection with the suspension or
deferral of sentence by either a District or Municipal Court of
this county or the King County Superior Court.
C.
Prostitution is a misdemeanor.
9.30.050 Prostitution--Sex of parties immaterial--No
Defense. In any prosecution for prostitution, the sex of the two
parties or prospective parties to the sexual conduct engaged in,
contemplated, or solicited is immaterial and, therefore, no defense
exists based upon the sex of the parties.
9.30.060 Patronizina a Prostitute. A person is guilty of
the misdemeanor of patronizing a prostitute if:
A. Pursuant to a prior understanding he or she pays a fee to
another person as compensation for such person or a third person
having engaged in sexual conduct with him or her;
B. He or she pays or agrees to pay a fee to another person
pursuant to an understanding that in return therefor such person
will engage in sexual conduct with him or her; or
C. He or she solicits or requests another person to engage
in sexual conduct with him or her in return for a fee.
25
r
9.30.070 Sexual exploitation of children and minor access to
erotic materials. The following state statutes, including all
future amendments, additions or deletions, are hereby adopted by
reference:
A. RCW 9. 68A. 011
B. RCW 9.68A.070
C. RCW 9.68A.OSO
D. RCW 9.68A.110(l) (2)(5)
E. Rcw 9.68A.120
F. RCW 9.68A.130
G. RCW 9.68A.140
H. RCW 9.68A.150
1. RCW 9.68A.160
9.30.080
Definitions.
Possession of depictions of minor
engaged in sexually explicit conduct.
Processors of depictions of minor
engaged in sexually explicit conduct.
certain defenses barred, permitted.
Seizure and forfeiture of property.
Recovery of costs of suit by minor.
Definitions. '
Allowing minor on premises of live
erotic performance.
Penalty.
Urinatinq in Public.
A. A person is guilty of urinating in public if he or she
intentionally urinates or defecates in a public place, other than
a washroom or toilet room, or at a place and under circumstances
where such act could be observed by any member of the public.
B.
Urinating in public is a misdemeanor.
Chapter 9.32
PUBLIC OFFICERS. CRIMES RELATING TO
Sections:
9.32.010 Obstructinq public officers. It is unlawful for
any person to make any willfully untrue, misleading or exaggerated
statement to, or to willfully hinder, delay or obstruct any public
officer in the discharge of his or her official powers or duties.
Obstructing public officers is a misdemeanor.
9.32.020 Public officer defined. "Public officer", as used
in this code, comprises: police officers; Fire Chief and his or
her designees; health officers; and the Public Works Director and
his or her designees; city Clerk and his or her designee; Code
Enforcement personnel; and other City personnel authorized for
enforcement of City ordinances, statutes and codes.
9.32.030 Obstructinq iustice. criminal assistance.
introducinq contraband and related offenses. The following state
statutes, including all future amendments, additions or deletions,
are adopted by reference:
26
Withholding knowledge of felony
involving violence--Penalty.
Definitions.
False swearing.
False swearing--Retraction.
False swearing--Irregularities no
defense.
statement of what one does not know
to be true.
Jury tampering.
Tampering with physical evidence.
Definitions.
Refusing to summon aid for a peace
officer.
Resisting arrest.
Rendering criminal
Definition of terms.
Relative defined.
Rendering criminal assistance in the
second degree.
Rendering criminal assistance in the
third degree.
Compounding.
Introducing contraband in the third
degree.
Bail jumping.
False reporting.
The following state statutes, including
additions or deletions, are adopted by
-.
I
A. RCW 9.69.100
B. RCW 9A.72.010
C. RCW 9A.72. 040
D. RCW 9A.72. 060
E. RCW 9A.72.070
F. RCW 9A.72.080
G. RCW 9A. 72 .140
H. RCW 9A.72.150
1. RCW 9A.76.010
J. RCW 9A.76.030
K. RCW 9A.76.040
L. RCW 9A.76.050
M. RCW 9A.76.060
N. RCW 9A.76.080
o. RCW 9A.76.090
P. RCW 9A.76.100
Q. RCW 9A.76.l60
R. RCW 9A.76.170(l) (2) (d)
s. RCW 9A.84.040
9.32.040 Escape.
all future amendments,
reference:
A.
B.
RCW 9.31. 090
RCW 9A.76.130
Escaped prisoner recaptured.
Escape in the third degree.
assistance--
9.32.050 Vehicles resemblinq police or fire vehicles. No
person shall operate a motor vehicle within the City which is
painted and contains decals, numbers, name or insignia so as to
simulate a city or County police or fire department vehicle, or
city vehicle, without prior authorization from the Police Chief,
Fire Chief, City Manager, or their designees. violation of this
section is a misdemeanor.
9.32.060 Interference with and abuse of police doqs
prohibited. It is a misdemeanor for any person to wilfully or
maliciously interfere with, obstruct, torture, beat, kick, strike,
or in any way abuse or harass any dog used by any police officer in
discharging or attempting to discharge any legal duty or power of
his office, under circumstances not amounting to "Harming a Police
Dog", as defined in RCW 9A.76.200.
27
,'-"
Chapter 9.34
PUBLIC PEACE. CRIMES RELATING TO
Sections:
9.34.010
9.34.020
9.34.030
9.34.040
9.34.050
Disorderly conduct.
Riot, failure to disperse and
Privacy, violating right of.
Libel and slander.
Malicious prosecution--Abuse
obstruction.
of process.
9.34.010
Disorderlv conduct.
A.
A person is guilty of disorderly conduct if he or she:
1. Uses abusive language and thereby
creates a risk of assault; or
intentionally
2. Intentionally disrupts any
meeting of persons without authority; or
lawful
assembly
or
3. Intentionally obstructs
traffic without lawful authority; or
vehicular
or
pedestrian
4. Fights by agreement; except as part of an organized
athletic event.
B.
Disorderly conduct is a misdemeanor.
9.34.020 Riot. failure to disperse and obstruction. The
following state statutes, including all future amendments,
additions or deletions, are adopted by reference:
A.
B.
C.
RCW 91.84.010(1) (2) (b)
RCW 9A.84.020
RCW 9.27.015
Riot.
Failure to disperse.
Interference, obstruction of any
court, building or residence--
violations.
9.34.030 privacv. violatina riaht of. The following state
statutes, including all future amendments, additions or deletions,
are adopted by reference:
A.
B.
C.
RCW 9.73.010
RCW 9.73.020
RCW 9.73.030
Divulging telegram.
Opening sealed letter.
Intercepting, recording or divulging
private communication--Consent required--
Exceptions.
Same--persons and activities excepted.
D.
RCW 9.73.070
28
E.
RCW 9.73.090
Police and fire personnel exempted from
RCW 9.73.030 - 9.73.080--Standards.
Recordings available to defense counsel.
F.
RCW 9.73.100
9.34.040 Libel and slander.
including all future amendments,
adopted by reference:
The following state statutes,
addi tions, or deletions, are
A. RCW 9.58.010 Libel, what constitutes.
B. RCW 9.58.020 How justified or excused--Malice, when
presumed.
C. RCW 9.58.030 Publication defined.
D. RCW 9.58.040 Liability of editors and others.
E. RCW 9.58.050 Report of proceedings privileged.
F. RCW 9.58.070 Privileged communications.
G. RCW 9.58.080 Furnishing libelous information.
H. RCW 9.58.090 Threatening to publish libel.
1. RCW 9.58.100 Slander of financial institution.
J. RCW 9.58.120 Testimony necessary to convict.
9.34.050 Malicious orosecution--Abuse of orocess. The
following state statutes, including all future amendments,
additions or deletions, are adopted by reference:
A.
B.
RCW 9.62.010
RCW 9.62.020
Malicious prosecution.
Instituting suit in name of another.
Chanter 9.36
MISCELLANEOUS CRIMES
Sections:
9.36.010
9.36.020
9.36.030
9.36.040
9.36.050
Conduct prohibited.
Littering and pollution.
Injury to animals.
Wounding or trapping of animals.
Throwing objects at moving vehicles.
9.36.010 Conduct orohibited.
including all future amendments,
adopted by reference:
The following state statutes,
additions or deletions, are
A.
B.
RCW 9.91. 010
RCW 9.91.020
Denial of civil rights--Terms defined.
Operating railroad, steamboat, vehicle,
etc., while intoxicated.
Unlawful bus conduct.
Meal buyers--Records
Penalty.
of
purchases--
C.
D.
RCW 9.91.025
RCW 9.91.110
29
E. RCW 9.03.010
F. RCW 9.03.020
G. RCW 9.03.030
H. RCW 9.03.040
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.
9.36.020 Litterinq and oollution. The following state
statutes, including all future amendments, additions or deletions,
are adopted by reference:
A.
B.
RCW 70.93.060
RCW 70.54.010
Littering.
Polluting water supply.
9.36.030 Iniurv to animals. Any person who wilfully and
without authority in law kills, maims or disfigures an animal
belonging to another, or exposes any poisons or noxious substance
with intent that it should be taken by such animal, is guilty of a
misdemeanor.
9.36.040 Woundinq or traooinq of animals. Any person who
wilfully and without authority in law kills, wounds or traps an
animal or bird, or removes or destroys the young of any such animal
or the egg of any such bird is guilty of a misdemeanor.
9.36.050 Throwinq obiects at movinq vehicles. Any person
who throws, pushes, rolls, drops, swings or otherwise propels or
proj ects any obj ect, thing or substance in such a manner as to
strike or be likely to strike any moving vehicle on the public
highways or streets is guilty of a misdemeanor.
section 2.
Severability.
If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validty or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
Section 3.
Reoealer.
Ordinance Number 90-53 is
hereby repealed.
Section 4.
Savinq Clause.
Ordinance Number 90-53,
30
which is repealed by this ordinance, shall remain in force and
effect until the effective date of this ordinance.
Section 5.
Ratification.
Any act consistent with
the authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 6.
Effective Date.
This ordinance shall be
effective April 1, 1991, which is at least five (5) days after
passage and publication of an approved summary consisting of the
title hereto.
PASSED by the city Council of the City of Federal Way
this ~ day of
Karch
, 19..2!- .
CITY OF FEDERAL WAY
ATTEST:
~ £-
, "
~j
," ..' //,At<'" /be. ",',~'
- CITY CLERK~~EN SWANEY ,~C
tJ~~- Z:u
MAYOR, DEBRA ERTEL
APPROVED/AS TO FORM:
/ '::---~~
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 3/8/91
EFFECTIVE DATE: 3/13/91
ORDINANCE NO. 91-89
3/1/91
3/5/91
9IL151
31