1890 - Ordinance - Amending Title 9 Criminal CodeNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held January 27, 2003.
ORDINANCE NO. 1890
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING CITY OF PORT ORCHARD MUNICIPAL CODE, CRIMINAL
CODE TITLE 9 AND A PORTION OF ORDINANCE NO. 1724.
Copies of Ordinance No. 1890 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 1890 will be
provided at a nominal charge.
Michelle Merlin0
Deputy Clerk
Publish: Port Orchard Independent
February 5,2003
KitsauleealsO,soundDublishine.com
ORDINANCE 1890
AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING
CITY OF PORT ORCHARD MUNICIPAL CODE, CRIMINAL CODE
TITLE 9. CHAPTER 9.08 SUBSECTION 9.08.060 AND ADDING
SUBSCTION 9.08.140; AMENDING CHAPTER 9.12 SUBSECTIONS
9.12.050, 9.12.090, AND ADDING NEW SUBSECTIONS 9.12.005,
9.12.100, 9.12.110, 9.12.120, 9.12.130; AMENDING CHAPTER 9.16
SUBSECTIONS 9.16.030, 9.16.050, 9.16.060, ADDING NEW
SUBSECTION 9.16.090; AMENDING CHAPTER 9.18 SUBSECTION
9.18.020; AMENDING CHAPTER 9.20 BY ADDING A NEW
SUBSECTION 9.20.090; AMENDING CHAPTER 9.24 SUBSECTION
9.24.060; AMENDING CHAPTER 9.26 BY ADDING SUBSECTION
9.26.100; AMENDING CHAPTER 9.28 SUBSECTIONS 9.28.010,
9.28.060, 9.28.120; AMENDING CHAPTER 9.32 BY ADDING NEW
SUBSECTIONS 9.32.070, 9.32.080, 9.32.090; AMENDING CHAPTER
9.36 SUBSECTION 9.36.020; AND REPEALING SUBSECTIONS
9.08.010, 9.08.030, 9.08.040, 9.14.060, 9.26.010, 9.26.020, 9.26.030,
9.26.040, 9.26.050, 9.26.060, 9.26.070, 9.26.080, 9.26.090, 9.36.030 OF
THE. (Amending a portion of Ordinance No. 1724).
WHEREAS, the City of Port Orchard desires to update its criminal code so that the
violations and provisions therein are consistent with the corresponding state statutes; now therefore,
THE COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS:
Section I. Section 9.08.060 of the Port Orchard Municipal Code is amended to read as
f 0 I Io w s :
9.08.060 Criminal Attempt
The following section of the Revised Code of Washington (RCW). and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.28.020.
Section 2. Chapter 9.08 of the Port Orchard Municipal Code is amended by the addition
of new section 9.08.140 to read as follows:
9.08.140 Criminal Solicitation
The following section of the Revised Code of Washington (RCW), and any amendments
thereto, is adopted by reference as a portion of the criminal code of the city as if fully set
forth in this chapter: RCW 9A.28.030.
Section 3. Chapter 9.12 of the Port Orchard Municipal Code is amended by the addition
of new section 9.12.005 to read as follows:
9.12.005 Definitions
The following sections of the Revised Code of Washington (RCW). and any amendments
thereto, are adopted by reference as a portion of the criminal code of the city as if fully
set forth in this chapter: RCW 9A.72.010.
Section 4. Section 9.12.050 of the Port Orchard Municipal Code is amended to read as
follows:
9.12.050 False Reporting
The following section of the Revised Code of Washington (RCW), and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.84.040.
.Ordinance No. 1890
Page 2 of 6
Section 5. Section 9.12.090 of the Port Orchard Municipal Code is amended to read as
follows:
9.12.090 Contempt
The following section of the Revised Code of Washington (RCW). and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 7.21.010, 7.21.020, 7.21.030,
7.21.040. 7.21.050.
Section 6. Chapter 9.12 of the Port Orchard Municipal Code is amended by the addition
of new section 9.12.100 to read as follows:
9.12.100 Making a false or misleading statement to a public servant.
The following section of the Revised Code of Washington (RCW). and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.76.175.
Section 7. Chapter 9.12 of the Port Orchard Municipal Code is amended by the addition
of new section 9.12.1 10 to read as follows:
9.12.110 False Swearing
The following section of the Revised Code of Washington (RCW), and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.72.040.
Section 8. Chapter 9.12 of the Port Orchard Municipal Code is amended by the
addition of new section 9.12.120 to read as follows:
9.12.120 Jury Tampering.
The following section of the Revised Code of Washington (RCW), and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.72.140.
Section 9. Chapter 9.12 of the Port Orchard Municipal Code is amended by the addition
of new section 9.12.130 to read as follows:
9.12.130 Tampering with physical evidence.
The following section of the Revised Code of Washington (RCW). and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.72.150.
Section 10. Section 9.16.030 of the Port Orchard Municipal Code is amended to read
as follows:
9.16.030 Fighting.
(1) It is unlawful for any person to intentionally fight with another person in a
public place and thereby create a substantial risk of:
(a) Injury to a person who is not actively participating in the fight; of
(b) Damage to property of a person who is not participating in the fight.
(2) In any prosecution under subsection (1) of this section, it is an affirmative
defense that the fight was duly licensed or authorized by law.
(3) Fighting is a gross misdemeanor.
@Ordinance No. 1890
Page 3 of 6
Section 11. Section 9.16.050 of the Port Orchard Municipal Code is amended to read
as follows:
9.16.050 Harassment.
The following section of the Revised Code of Washington (RCW). and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.46.020.
Section 12. Section 9.16.060 of the Port Orchard Municipal Code is amended to read
as follows:
9.16.060 Telephone Harassment.
The following section of the Revised Code of Washington (RCW), and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9.61.230.
Section 13. Chapter 9.16 of the Port Orchard Municipal Code is amended by the
addition of new section 9.16.090 to read as follows:
9.16.090 Telephone harassment -- Permitting telephone to be used..
The following section of the Revised Code of Washington (RCW), and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9.61.240.
Section 14. Section 9.18.020 of the Port Orchard Municipal Code is amended to read
as follows:
9.18.020 Definitions
The following section of the Revised Code of Washington (RCW), and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 10.99.020.
Section 15. Chapter 9.20 of the Port Orchard Municipal Code is amended by the
addition of new section 9.20.090 to read as follows:
920.090 Additional fee assessments.
The following section of the Revised Code of Washington (RCW). and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.88.120.
Section 16. Section 9.24.060 of the Port Orchard Municipal Code is amended to read
as follows:
9.24.060 Aggressively begging.
(1) It is unlawful for a person in a public place to aggressively beg.
(2)The following definitions apply to this section:
(a) "Aggressively beg" means to beg with the intent to intimidate another
person into giving money or goods.
(b) "Intimidate" means to engage in threatening conduct, which would
make a reasonable person fearful of harm to his or her person 01
property.
.Ordinance No. 1890
Page 4 of 6
(c) "Beg" means to ask for money or goods as a charity, whether by
words, bodily gestures, signs or other means.
(d) "Public place" means an area generally visible to public view and
includes alleys, bridges, buildings, driveways, parking lots, parks, plazas,
sidewalks and streets open to the public, including those that serve food
or drink or provide entertainment. and the doorways and entrances to
buildings or dwellings and the grounds enclosing them.
(3) Aggressively begging is a misdemeanor, punishable by a fine not to exceed
$500.00 or by imprisonment in jail for a term not to exceed 90 days, or by both
such fine and imprisonment.
Section 17. Chapter 9.26 of the Port Orchard Municipal Code is amended by the
addition of new section 9.26.100 to read as follows:
9.26.100 State statutes adopted by reference
The following sections of the Revised Code of Washington as now or hereafter
amended are hereby adopted by reference as part of this chapter as though such
sections were set forth herein in full:
RCW
66.04.010 Definitions.
66.04.01 1 "Public place" not to include certain parks and picnic areas.
66.44.010 Local officers to enforce law - Authority of board - Liquor enforcement
66.44.040 Sufficiency of description of offenses in complaints. information,
66.44.050 Description of offense in words of statutes - Proof required.
66.44.060 Proof of unlawful sale establishes prima facie intent.
66.04.070 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 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
66.44.1 50 Buying liquor illegally.
66.44.1 60 Illegal possession, transportation of alcoholic beverages.
66.44.170 Illegal possession of liquor with intent to sell - Prima facie evidence,
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.
66.44.210 Obtaining liquor for ineligible person.
66.44.240 Drinking in public conveyance - Penalty against carrier - Exception.
66.44.250 Drinking in public conveyance - Penalty against individual - Restricted
66.44.265 Candidates giving or purchasing liquor on election day prohibited.
66.44.270 Furnishing liquor to minors - Possession, use - Penalties -Exhibition
officers.
process, etc.
-- Unlawful operation, possession of still or mash.
what is.
application.
of effects --Exceptions.
*Ordinance No. 1890
Page 5 of 6
as follows:
as foilows:
as follows:
66.44.280 Minor applying for permit.
66.44.290 Minor purchasing or attempting to purchase liquor.
66.44.291 Minor purchasing or attempting to purchase liquor - Penalty against
persons between ages of eighteen and twenty, inclusive.
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 is sold.
66.44.310 Minors frequenting off-limits areas - Misrepresentation of age -
Penalty - Classification of licenses.
66.44.316 Certain persons eighteen years and over permitted to enter and
remain upon licensed premises during employment.
66.44.318 Employees aged eighteen to twenty-one stocking, merchandising, and
handling beer and wine.
66.44.325 Unlawful transfer to minor of age identification.
66.44.328 Preparation or acquisition and supply to person under age twenty-one
66.44.330 Prosecutions to be reported by prosecuting attorney and police court.
66.44.340 Employees eighteen years and over allowed to sell and handle beer
66.44.350 Employees eighteen years and over allowed to serve and carry liquor,
66.44.365 Juvenile driving privileges -- Alcohol or drug violations.
66.44.370 Resisting or opposing officers in enforcement of title.
Section 18.
of facsimile of official identification card - Penalty.
and wine for certain licensed employers.
clean up, etc.. for certain licensed employers.
Section 9.28.010 of the Port Orchard Municipal Code is amended to read
9.28.010. Definitions.
The following sections of the Revised Code of Washington (RCW). and any
amendments thereto, are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully set forth herein: RCW
9A.48.010. 9A.52.010, 9A.56.010.
Section 19. Section 9.28.060 of the Port Orchard Municipal Code is amended to read
9.28.060 Malicious mischief third degree
The following sections of the Revised Code of Washington (RCW), and any
amendments thereto, are adopted by reference as a portion of the criminal code
of the city as if fully set forth in this chapter: RCW 9A.48.090, 9A.48.100.
Section 20. Section 9.28.120 of the Port Orchard Municipal Code is amended to read
9.28.120 Theft of rental, leased, or lease-purchased property.
The following section of the Revised Code of Washington (RCW). and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.56.096.
Section 21. Chapter 9.32 of the Port Orchard Municipal Code is amended by
the addition of new section 9.32.070 to read as foilows:
9.32.070 Communication with minor for immoral purposes.
*Ordinance No. 1890
Page 6 of 6
The following section of the Revised Code of Washington (RCW), and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9.68A.090.
Section 22. Chapter 9.32 of the Port Orchard Municipal Code is amended by the
addition of new section 9.32.080 to read as follows:
9.32.080 Custodial Interference in the Second Degree
The following section of the Revised Code of Washington (RCW), and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 9A.40.070
Section 23. Chapter 9.32 of the Port Orchard Municipal Code is amended by the
addition of new section 9.32.090 to read as follows:
9.32.090 Unlawful Harboring of a Minor
The following section of the Revised Code of Washington (RCW), and any
amendments thereto, is adopted by reference as a portion of the criminal code of
the city as if fully set forth in this chapter: RCW 13.32A.080.
Section 24. Section 9.36.020 of the Port Orchard Municipal Code is amended to read
as follows:
9.36.020 Statutes adopted by reference.
The following sections of the Revised Code of Washington (RCW), and any
amendments thereto, are adopted by reference as a portion of the criminal code
of the city as if fully set forth in this chapter: RCW 9.41.050, 9.41.060, 9.41.070.
9.41.080, 9.41.090. 9.41.097, 9.41.098, 9.41.100, 9.41.110, 9.41.120, 9.41.140,
9.41.170, 9.41.230. 9.41240, 9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.41.300,
9.41.810.
Section 25. Repealer. The following sections of the Port Orchard Municipal Code are
hereby repealed: 9.08.010, 9.08.030, 9.08.040, 9.14.060, 9.26.010, 9.26.020, 9.26.030, 9.26.040,
9.26.050, 9.26.060, 9.26.070, 9.26.080, 9.26.090, 9.36.030.
Section 26. Effective Date. This Ordinance shall be in full force and effect five (5) days
after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the
entire Ordinance, as authorized by State law.
attested by the Clerk in authentication of such passage this 17Ih day o
PASSED by the City Council of the City of Port Orcha APPROVED by the Mayor and &-
LESLIE J. WEATHERILL, MAYOR
APT&
City Att ne
v