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1565 - Ordinance - Public SafetyNOTICE 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 December 28, 1992. ORDINANCE NO. 1565 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING AND REPLACING CERTAIN SECTIONS OF TITLE NINE RELATING TO PUBLIC PEACE, SAFETY AND MORALS FOR THE CITY OF PORT ORCHARD, REPEALING AND REPLACING CERTAIN SECTIONS OF TITLE TEN RELATING TO VEHICLES AND TRAFFIC AND REPEALING AND REPLACING CERTAIN SECTIONS OF TITLE ONE RELATING TO GENERAL PROVISIONS FOR THE CITY OF PORT ORCHARD. Copies of Ordinance No. 1565 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 personwithoutcharge. Thirty days after publication, copies of Ordinance No. 1565 will be provided at a nominal charge. City of Port Orchard Michelle Hager Deputy Clerk Publish: Port Orchard Independent January 6, 1993 ORDINANCE NO. 1565 AN ORDINANCE REPEALING AND REPLACING CERTAIN SECTIONS OF TITLE NINE (POMC) RELATING TO PUBLIC PEACE, SAFETY AND MORALS FOR THE CITY OF PORT ORCHARD, REPEALING AND REPLACING CERTAIN SECTIONS OF TITLE TEN (POMC) RELATING TO VEHICLES AND TRAFFIC, AND REPEALING AND REPLACING CERTAIN SECTIONS OF TITLE ONE (POMC) RELATING TO GENERAL PROVISIONS FOR THE CITY OF PORT ORCHARD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, AS FOLLOWS: SECTION 1. That the following chapters of the Port Orchard Municipal Code and sections contained therein and ordinances corresponding thereto be, and the same hereby are repealed. 1.04 Ordinance 0754, Section(s) 2 9.02 Ordinance 1125, Section(s) 2 Ordinance 1128, Section(s) 1 ordinance 1242, Section(s) 1 ordinance 1292, Section(s) 1 Ordinance 1394, Section(s) 1 9.04 Ordinance 1125, Section(s) 2 ordinance 1242, Section(s) 2 9.08 ordinance 1125, Section(s) 2 9.12 ordinance 1125, Section(s) 2 ordinance 1520, Section(s) 1 9.14 Ordinance 0808, Section(s) 1, 2, 3, and 4 9.16 Ordinance 1125, Section(s) 2 ordinance 1209, section(s) 1 and 2 Ordinance 1353, Section(s) 1 and 2 9.20 ordinance 1125, Section(s) 2 9.24 Ordinance 1125, Section(s) 2 9.28 Ordinance 1125, Section(s) 2 ordinance 1338, Section(s) 1, 2, 3, 4, and 5 ordinance 1200, Section(s) 1 ordinance 1210, Section(B) 1 Ordinance 1324, Section(s) 1 9.32 ordinance 1125, Section(s) 2 Ordinance 1206, Section(s) 1 and 2 ordinance No. 1565 Page 2 of 61 9.36 ordinance 1125, Section(s) 2 ordinance 1521, section(s) 1 Ordinance 1203, section(s) 1 9.52 ordinance 1125, section(s) 2 9.56 ordinance 1292, Section(s) 2, 3, 4 and 5 9.60 Ordinance 1507, section(s) 2, 3, and 4 10.04 ordinance 1152, Section(s) 1, 2, and 3 ordinance 1240, Section(s) 1 ordinance 1245, section(s) 1 Ordinance 1550, section(s) 1 10.84 ordinance 1241, Section(s) 1 ordinance 1246, Section(s) 1 ordinance 1373, section(s) 1 and 2 10.88 Ordinance 1354, section(s) 1 ordinance 1398, Section(s) 1 10.92 ordinance 1430, section(s) 1, 2, 3, and 4 SECTION 2. That the following sections be added as new additions to the Port Orchard Municipal Code. 1.04.020 PENALTY FOR VIOLATION - Any person violating any of the provisions or failing to comply with the mandatory requirements of the Port orchard Municipal code and the ordinances of the city of Port Orchard shall, unless another penalty is prescribed, be guilty of a misdemeanor. Any person convicted of a misdemeanor shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code or the ordinances of the city of Port orchard is committed, continued, or permitted by any such person. 9.02.010 CRIMINAL CODE - ADOPTED - A certain document, three (3) copies of which are on file in the office of the city clerk shall be marked and designated as the city of Port Orchard criminal Code, relating to the public peace, safety, morals and welfare, and each and all of the regulations, provisions, conditions and terms contained therein are adopted. 9.02.020 CRIMINAL CODE - SCOPE - The provisions of sections 9.02.040 and 9.02.050 are applicable to offenses defined by this title or another ordinance, unless this Title or another ordinance specifically provides otherwise. Ordinance No. 1565 Page 3 of 61 9.02.030 PURPOSES - Principles of construction A. The general purposes of the provisions governing the definition of offenses are: 1. To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens harm to individuals or public interests; 2. To safeguard conduct that is without culpability from condemnation as criminal; 3. To give fair warning of the nature of the conduct declared to constitute an offense. S. The provisions of this title shall be construed according to the fair import of their terms, but when the language is susceptible of differing constructions, it shall be interpreted to further the general principles stated in this section and the special purposes of the Particular provision involved. The discretionary powers conferred by this title shall be exercised in accordance with the criteria stated in this title and, insofar as such criteria are not decisive, to further the general purposes stated in this section. 9.02.040 COSTS OF PROSECUTION - Whenever anyone is convicted of any offense under an section of this title, or of any other city ordinance, in addition to the fine imposed, he or she shall pay the costs of prosecution. In default of such payments, he or she may be imprisoned until the fine is paid or worked out on the basis of twenty five dollars ($25.00) per each day of imprisonment. 9.02.050 VIOLATIONS AND PENALTIES A. Except as otherwise specifically provided in this Title, any person who commits, attempts to commit, conspires to commit or aids or abets or is an accomplice in, or who falsely, fraudulently or otherwise causes, coerces, requires or directs others to commit acts declared by this title to be a misdemeanor shall upon conviction be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed ninety (90) days or by both such fine and imprisonment. B. Except as otherwise specifically provided in this Title, any person who commits, attempts to commit, conspires to commit or aids or abets or is an accomplice in, or who falsely, fraudulently or otherwise causes, coerces, requires or directs others to commit acts declared by this title to be a gross misdemeanor shall upon conviction be punished by a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment not to exceed one (1) year or by both such fine and imprisonment. ordinance No. 1565 Page 4 of 61 C. A violation of this Title not specifying the penalty shall be deemed to be a misdemeanor. 9.02.060 AMENDMENTS To STATE STATUTES - The amendment of any State statute adopted by reference in this title shall be deemed to amend the corresponding section of this title and it shall not be necessary for the City council to take any action with respect to such amendment. The effective date of amendment to this Code shall be the same date upon which the amendment to the corresponding state statute becomes effective. 9.02.070 SEVERABILITY - If any provision of the criminal code contained in this Title or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provisions to other persons or circumstances is not effected, and to this end, the provisions of this title are declared to be severable. 9.04.010 GENERALLY A. In this title, unless a different meaning is plainly required, the words and phrases set out in this chapter shall be defined for use in this title. B. Words in the present tense shall include the future tense; and the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular. 9.04.015 ACT OR ACTION - "Act" or "action" means a bodily movement whether voluntary or involuntary. 9.04.020 ACTED - "Acted" includes, where relevant, a person failing to act. 9.04.030 ACTOR - "Actor" includes, where relevant, a person failing to act. 9.04.040 BENEFIT - "Benefit,- is any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary. 9.04.050 BODILY INJURY OR PHYSICAL INJURY - "Bodily injury" or "physical injury" means physical pain, illness, or an impairment of physical condition. 9.04.060 BUILDING - "Building" in addition to its ordinary meaning, includes any dwelling, vehicle, railway car, watercraft, cargo container, or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods. Ordinance No. 1565 Page 5 of 61 9.04.070 DEADLY WEAPON - "Deadly weapon" means any explosive, loaded or unloaded firearm, and any other weapon, device, instrument, article or substance, including a vehicle as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is or appears to an ordinary, reasonable person to be readily capable of causing death or serious bodily injury. 9.04.080 DWELLING - "Dwelling" means any building or structure, though moveable or temporary, or any portion thereof, which is used or ordinarily used by a person for lodging. 9.04.090 GOVERNMENT - "Government" includes any branch, subdivision, or agency of the government of this state and any Federal, county, city District, or other local governmental unit. 9.04.100 GOVERNMENTAL FUNCTION - "Governmental function" includes any activity which a public servant is legally authorized or permitted to undertake on behalf of a government. 9.04.105 JUDGE - "Judge" includes every judicial officer authorized, alone or with others, to hold or preside over a court. 9.04.110 MALICE AND MALICIOUSLY - "Malice" and "maliciously" import an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard for the property of another. 9.04.120 OFFICER AND PUBLIC OFFICER - "Officer" and "public officer" means a person holding an office under a city, county or state government, or the federal government who performs a public function and in so doing is vested with the exercise of some sovereign power of government, and includes all assistants, deputies, clerks, and employees of any public officer and all other persons lawfully exercising or assuming to exercise all of the powers or functions of a public officer. 9.04.130 OMISSION - "Omission" means a failure to act. 9.04.140 PEACE OFFICER - "Peace officer" means a duly appointed city, county or state law enforcement officer. 9.04.150 PECUNIARY BENEFIT - "Pecuniary benefit" means any gain or advantage in the form of money, property, commercial interest, or anything else the primary significance of which is economic gain. 9.04.160 PERSON, HE AND ACTOR - "Person", "he" and "actor" mean any natural person, and where relevant, a corporation, joint stock association or an unincorporated association. 9.04.170 PRISON - "Prison" means any place designated by law for the keeping of persons in custody under process of law, or under lawful arrest, including but not limited to any state correctional institution or any county or city jail. Ordinance No. 1565 Page 6 of 61 9.04.180 PRISONER - "Prisoner" includes any person held in custody under process of law, or under lawful arrest. 9.04.190 PROPERTY - I -Property" means anything of value, whether tangible or intangible, real or personal. 9.04.200 PUBLIC PLACE - "Public place" means any street, alley, building, or any other place where the general public has unrestricted access. 9.04.210 STATUTE - "Statute,, means the Constitution or any act of the legislature or initiative or referendum of this State. 9.04.220 THREAT - "Threat" means to communicate either directly or indirectly the intent to: A. cause bodily injury in the future to the person threatened or to any other person; or B. Cause physical damage to the property of a person other than the actor; or C. Subject the person threatened or any other person to physical confinement or restraint; or D. Accuse any person of a crime or cause criminal charges to be instituted against any person; or E. Expose a secret or publicize an asserted fact, whether true or false, tending to subject the person to hatred, contempt or ridicule; or F. Reveal any information sought to be concealed by the person threatened; or G. Testify or provide information or withhold testimony or information with respect to anther's legal claim or defense; or H. Take any action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or I. Bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group for which the actor purports to represent; or J. Do any other action which is intended to harm substantially the person threatened or another with respect to his or her health, safety, business, financial condition or personal relationships. ordinance No. 1565 Page 7 of 61 9.04.230 VEHICLE - "Vehicle" means a motor vehicle as defined in the vehicle and traffic laws, and aircraft, or any vessel equipped of propulsion by mechanical means or by sail. 9.08.010 REQUIREMENT OF A VOLUNTARY ACT - POSSESSION AS AN ACT A. A person is not guilty of an offense unless his or her liability is based on conduct which includes a voluntary act or an omission to perform an act of which he or she is physically capable. B. The possession of property is a voluntary act if the actor was aware of his or her physical possession of such property or was aware of his or her control thereof for a sufficient period of time to have been able to terminate his or her possession. C. For purposes of this section: 1. "Voluntary Act" means a bodily movement performed consciously as a result of the actor's effort or determination. 2. "omission" means a failure to perform an act as to which a duty of performance is imposed by law. 9.08.020 MINUMUM REQUIREMENTS OF CULPABILITY - A person is not guilty of an offense, other than an offense which involves absolute liability, unless with respect to each material element described by the section defining the offenses, he or she acts with one (1) of the mental states described in section 9.08.030. 9.08.030 RINDS OF CULPABILITY DEFINED A. Intent - A person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a result which constitutes a crime. B. Knowledge - A person acts with knowledge or knowingly when he or she: 1. Is aware of a fact, facts, or circumstances or result described by an ordinance defining an offense; or 2. Has information which would lead a reasonable person in the same situation to believe that facts exist which facts are described by an ordinance defining an offense. C. Recklessness - A person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation. Ordinance No. 1565 Page 8 of 61 D. criminal Negligence - A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk is a gross deviation from the standard of care that a reasonable person would exercise in the same situation. E. Requirement of Wilfulness Satisfied By Acting Knowingly. A requirement that an offense be committed wilfully is satisfied if the person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears. 9.08.040 PRESCRIBED CULPABILITY REQUIREMENT APPLIES TO ALL MATERIAL ELEMENTS - When the Port Orchard Municipal code or an ordinance defining an offense prescribes as an element thereof a specified mental state, such specified mental state is deemed to apply to every essential element unless an intent to limit its application clearly appears. 9.08.050 SUBSTITUTES FOR CRIMINAL NEGLIGENCE - RECKLESSNESS AND KNOWLEDGE When the Port Orchard Municipal code or an ordinance provides that criminal negligence suffices to establish an element of an offense, such element also is established if the person acts recklessly, knowingly, or intentionally. when recklessness suffices to establish an element of an offense, such element also is established if the person acts knowingly or intentionally. When acting knowingly suffices to establish an element of an offense, such element also is established when the person acts intentionally. 9.08.060 CULPABILITY AS DETERMINANT OF GRADE OF OFFENSE - When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, recklessly, or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense. 9.08.070 DIVERGENCE BETWEEN RESULT CONTEMPLATED AND ACTUAL RESULT - When intentionally or knowingly causing a particular result is an element of an offense, the element is not established if the actual result is not within the purpose or contemplation of the actor unless: A. The actual result differs from that designated or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have more serious or more extensive than that caused; or B. The actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a bearing on the actors liability or on the gravity of his or her offense. ordinance No. 1565 Page 9 of 61 9.08.080 DIVERGENCE BETWEEN PROBABLE AND ACTUAL RESULT - When recklessly or criminally negligently causing a particular result is an element of an offense, the element is not established if the actual result is not within the risk of which the actor is aware or, in the case of criminal negligence, of which he should have been aware unless: A. The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have more serious or more extensive than that caused; or B. The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actors liability or on the gravity of his or her offense. 9.08.090 CONSTRUCTION OF ORDINANCES WITH RESPECT TO CULPABILITY REQUIREMENTS where an ordinance defining an offense does not clearly indicate a legislative intent to impose absolute liability, it should be construed as defining an offense requiring one (1) of the mental states described in Section 9.08.030. 9.08.100 CRIMINAL LIABILITY OF CORPORATIONS AND PERSONS ACTING IN THEIR BEHALF A. As used in this section: 1. "Agent" means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation. 2. "Managerial agent" means an officer or director of a corporation or any other person in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees. 3. "Corporation" has its ordinary meaning and also includes but is not limited to partnerships, professional service corporations, societies and other unincorporated associations whether organized for profit or not. B. A corporation is guilty of an offense when: 1. The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or 2. The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors or by a managerial agent acting within the scope of his employment and in behalf of the corporation; or ordinance No. 1565 Page 10 of 61 3. The conduct constituting the offense is engaged in by an agent of the corporation, other than a managerial agent, while acting within the scope of his or her employment and in behalf of the corporation and the offense is one defined by an ordinance which indicates a legislative intent to impose such criminal liability on corporations. C. A person is criminally liable for conduct constituting an offense which he or she performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in his or her own name or behalf. D. whenever duty to act is imposed by law upon a corporation, any agent of the corporation who knows he or she has or shares primary responsibility for the discharge of the duty is criminally liable for a reckless or, if a managerial agent, for a criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent. 9.08.110 CRIMINAL ATTEMPT A. A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act: 1. Which is a substantial step toward the commission of that crime; and 2. Which strongly corroborates his or her intent to commit that crime. B. If the conduct in which the person engages otherwise constitutes an attempt to commit a crime, it is no defense to a prosecution of such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such crime could have been committed had the attendant circumstances been as the person believed them to be. C. When the actors conduct would otherwise constitute a criminal attempt under this section, it is an affirmative defense that, under circumstances manifesting a complete and voluntary renunciation of his or her criminal intent, he or she: 1. Abandoned his or her effort to commit the crime; or 2. Prevented the commission of the crime. D. A person may not be convicted on the basis of the same course of conduct of both an attempt to commit an offense and either complicity in or the commission of that offense. ordinance No. 1565 Page 11 of 61 E. This section shall not apply to liability for the conduct of another as defined in 9.08.120. F. An attempt to commit a crime punishable as a misdemeanor is a misdemeanor. An attempt to commit a crime punishable as a gross misdemeanor is a gross misdemeanor. 9.08.120 LIABILITY FOR THE CONDUCT OF ANOTHER — COMPLICITY A. A person is guilty of an offense if it is attempted or committed by the conduct of another person for which he or she is legally accountable. B. A person is legally accountable for the conduct of another when: 1. Acting with the kind of culpability that is sufficient for the commission of the offense, he or she causes an innocent or irresponsible person to engage in such conduct; or 2. He or she is made accountable for the conduct of such other person by his subtitle or by the law defining the offense; or 3. He or she is an accomplice of such other person in the commission of the offense. C. A person is an accomplice of another person in the commission of an offense if: 1. With the intent of promoting or facilitating the commission of the offense, he or she: a. Solicits, commands, or requests such other person to commit it; or b. Aids or agrees to aid such other person in planning or committing it; or 2. His or her conduct is expressly declared by law to establish his complicity. D. A person who is legally incapable of committing a particular offense himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity. E. unless otherwise provided by this subtitle or by the law defining the offense, a person is not an accomplice in an offense committed by another person if: Ordinance No. 1565 Page 12 of 61 1. He or she is a victim of that offense; or 2. The offense is so defined that his or her conduct is inevitably incident to its commission; or 3. He or she terminated his or her complicity prior to the commission of the offense and: a. Deprives it of effectiveness in the commission of the offense; or b. Gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent to commission of the offense. F. An accomplice may be convicted on proof of commission of the offense and of his or her complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted. G. A person may not be convicted on the bases of the same course of conduct of both the commission of and complicity in that offense. 9.08.130 CRIMINAL CONSPIRACY A. A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one (1) or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement. B. It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired: 1. Has not been prosecuted or convicted; or 2. Has been convicted of a different offense; or 3. Is not amenable to justice; or 4. Has been acquitted; or 5. Lacked the capacity to commit an offense. C. criminal conspiracy is a misdemeanor. ordinance No. 1565 Page 13 of 61 9.10.010 INTOXICATION - No act committed by a person in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, but whenever the actual existence of a particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his or her intoxication may be taken into consideration in determining the existence of such mental state. 9.10.020 INSANITY - To establish the defense of insanity, it must be shown that: A. At the time of the commission of the offense, as a result of a mental disease or defect, the mind of the actor was affected to such an extent that: 1. He or she was unable to perceive the nature and quality of the act with which he or she is charged; or 2. He or she was unable to tell right from wrong with reference to the particular act charged. B. The defense of insanity is an affirmative defense and must be established by a preponderance of the evidence. 9.10.030 DURESS A. In any prosecution for a crime, it is a defense that: 1. The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or she or another would be exposed to immediate death or immediate grievous bodily injury; and 2. That such apprehension was reasonable upon the part of the actor; and 3. That the actor would not have participated in the crime except for the duress involved. B. The defense of duress is not available if the actor intentionally or recklessly places himself or herself in a situation in which it is probable that he or she will be subject to duress. C. The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse. 9.10.040 DE KININIS INFRACTIONS - The court may dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the defendants conduct: A. Was within a customary license or tolerance not inconsistent with the purpose of the law defining the offense; or ordinance No. 1565 Page 14 of 61 B. Did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant condemnation of conviction; or C. Presents such other extenuations that it cannot reasonably be regarded as envisioned by the legislature in forbidding the offense. 9.10.050 ENTRAPMENT A. in any prosecution for a crime, it is a defense that: 1. The criminal design originated in the mind of law enforcement officials, or any person acting under their authority; and 2. The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit. E. The defense of entrapment is not established by a showing only that law enforcement officials merely offered the actor an opportunity to commit a crime. 9.10.060 LAWFUL USE OF FORCE - The use, attempt or offer to use force upon or toward the person of another is not unlawful in the following cases: A. whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting him or her and acting under his or her direction; B. whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody; C. whenever used by a party about to be injured, or by another lawfully aiding him or her in preventing or attempting to prevent an offense against his or her person, or a criminal trespass, or other malicious interference with real or personal property lawfully in his or her possession, in which case the force is not more than necessary; D. whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property in the control of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained persons presence on the premises, and so long as the premises in question did not reasonably appear to be open to members of the public; ordinance No. 1565 Page 15 of 61 E. Whenever used by a carrier of passengers or his or her authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than necessary to expel the offender with reasonable regard to his or her personal safety; F. Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to himself or herself or another, or enforcing necessary restraint for the protection of his or her person, or his or her restoration to health, during such period only as is necessary to obtain legal authority for the restraint or custody of his or her person. 9.10.070 DISCIPLINE OF A CHILD A. The following actions are presumed to be unreasonable when used to correct or restrain a child: 1. Throwing, kicking, burning, or cutting a child; 2. striking a child with a closed fist; 3. shaking a child under three (3) years of age; 4. Interfering with a child's breathing; 5. Threatening a child with a deadly weapon; 6. Doing any other act which is likely to cause and which does cause bodily harm which is greater than transient pain or minor temporary marks. S. The age, size and condition of the child and the location of the injury shall be considered in determining whether the bodily harm is reasonable or moderate. The list is illustrative of unreasonable actions and is not intended to be exclusive C. The physical discipline of a child is not unlawful when it is reasonable and moderate and inflicted by a parent or guardian for purposes of correcting or restraining the child. Any use of force on a child by another person is unlawful unless it is reasonable and moderate and is authorized in advance by the child's parent or guardian for purposes of correcting or restraining the child. ordinance No. 1565 Page 16 of 61 9.10.080 REASONABLE USE OF FORCE FOR DETENTION BY SHOPKEEPER - In any criminal action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owners authorized employee or agent, and that such peace officer, owner employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft or shoplifting on such premises of such merchandise. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and a "reasonable time,, shall mean the time necessary to permit the person to make a statement or refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise. 9.12.010 OBSTRUCTING A PUBLIC SERVANT A. A person is guilty of obstructing a public officer if they knowingly hinder, delay or obstruct any public officer in the discharge of his or her official duties. B. Obstructing a public servant is a misdemeanor. 9.12.020 GIVING FALSE INFORMATION TO PEACE OFFICER A. For the purposes of this section, the following definitions shall apply: 1. "Lawful investigatory detention,, means that a Police officer has a reasonable suspicion based on objective facts to believe the person stopped or signalled to stop was engaging in or had engaged in criminal conduct. B. It is unlawful for any person to: 1. Knowingly fail to stop when requested or signaled to do so by a person reasonably identifiable as a Police officer for a lawful investigatory detention; or 2. Knowingly to give false information as to his or her identity, current address, or activities when requested by a Police officer to give such information when stopped for a lawful investigatory detention. C. Giving false information to a peace officer is a misdemeanor. Ordinance No. 1565 Page 17 of 61 9.12.030 REFUSAL TO SUMMONS AID FOR A PEACE OFFICER A. It is unlawful for any person to refuse to summon aid for a police officer if, upon request by a person, he or she unreasonably refuses or fails to summon aid for such officer. B. Refusal to summon aid to a police officer is a misdemeanor. 9.12.040 RESISTING ARREST A. A person is guilty of resisting arrest if he or she intentionally prevents or attempts to prevent a peace officer from lawfully arresting him or her. B. Resisting arrest is a misdemeanor. 9.12.050 ESCAPE THIRD DEGREE A. "official detention" means: 1. Restraint pursuant to a lawful arrest for an offense; or 2. Lawful confinement in the County Jail; or 3. custody for purposes incident to the foregoing included but not necessarily limited to; a. Transportation; b. Medical diagnosis or treatment; c. Court appearances; d. Work and recreation. B. A person is guilty of escape third degree if, without lawful authority, he or she intentionally removes himself or herself from official detention or fails to return to official detention following a temporary leave for a specific purpose of a limited period. C. Escape third degree is a misdemeanor. 9.12.060 FALSE REPORTING A. A person is guilty of false reporting if he or she; Ordinance No. 1565 Page 18 of 61 1. Initiates or circulates a written or oral report or warning of an alleged or impending occurrence of fire, explosion, crime, catastrophe, or emergency knowing that such report or warning contains false information and knowing that such report or warning is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause substantial public inconvenience or alarm; or 2. Makes, files, or causes to be filed with a public officer of the city a written report, statement, application, citation or complaint which he knows to contain a misstatement of a material fact; or 3. makes a verbal statement relating to a crime, catastrophe or emergency to a police department 911 emergency operator, city of Port orchard Police Department personnel, or any other police officer knowing that such statement contains a misstatement of a material fact; or 4. Gives false information to a Police officer when such officer is executing a search or arrest warrant, issuing a citation, or making an arrest. 5. Knowingly falsely reports or represents to any police officer or other officer or employee having the authority to receive such reports, that he or she has suffered the loss of any money or property as the result of robbery, assault, holdup, larceny or burglary, or knowingly falsely reports the commission of any criminal offense under the laws of the United States, the State of Washington or any other state, Kitsap county or any other county, or the City of Port orchard or any other city. B. False reporting is a misdemeanor. 9.12.070 MALICIOUS PROSECUTION A. Every person who shall, maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he or she is innocent is guilty of malicious prosecution. B. Malicious prosecution is a misdemeanor. 9.12.080 BAIL JUMPING A. Any person having been released by court order, or admitted to bail, or who signs a promise to appear for arraignment, with the requirement of a subsequent personal appearance before the Port orchard Municipal court, and who knowingly fails to appear as required is guilty of bail jumping. ordinance No. 1565 Page 19 of 61 B. Bail jumping is a misdemeanor. 9.12.090 RENDERING CRIMINAL ASSISTANCE THIRD DEGREE A. A9 used in this section, a person "renders criminal assistance", if, with intent to prevent, hinder or delay the apprehension or prosecution of another person whom he or she knows has committed a crime or juvenile offense or is being sought by law enforcement officials for the commission of a crime or juvenile offense or has escaped from a detention facility, he or she: 1. Harbors or conceals such person; or 2. warns such person of impending discovery or apprehension; or 3. Provides such person with money, transportation, disguise, or other means of avoiding discovery or apprehension; or 4. Prevents or obstructs, by use of force, deception, or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or 5. Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person; or 6. Provides such person with a weapon. B. A person is guilty of rendering criminal assistance third degree if he or she renders criminal assistance to a person who has committed a misdemeanor or gross misdemeanor. C. Rendering criminal assistance third degree is a misdemeanor. 9.12.100 CRIMINAL CONTEMPT A. A person shall be guilty of criminal contempt if he or she intentionally does any of the following: 1. Disorderly, contemptuous, or insolent behavior toward the .judge while holding the court, tending to impair its authority, or to interrupt the due course of a trial or other judicial proceeding; or 2. Disobedience of any lawful judgment, decree, order, or process of the Court; or 3. Refusal as a witness to appear, be sworn, or, without lawful authority, refuse to answer a question; or 4. Refusal, without lawful authority, to produce a record, document, or other object. ordinance No. 1565 Page 20 of 61 B. A Judge presiding in an action or proceeding may summarily impose the punishment authorized by this section 9.12.100 upon a person who commits criminal contempt within the courtroom if the Judge certifies that he or she saw or heard the criminal contempt. The Judge shall impose the punishment immediately after the criminal contempt or at the end of the proceeding and only for the purpose of preserving order in the Court and protecting the authority and dignity of the court. The person committing the criminal contempt shall be given an opportunity to speak in mitigation of the criminal contempt unless compelling circumstances demand otherwise. The Order of contempt shall recite the facts, state the punishment imposed, and be signed by the Judge and entered on the record. C. Criminal contempt is a misdemeanor. 9.14.010 POSSESSION OF MARIJUANA A. It is unlawful for any person to manufacture, grow or possess marijuana. B. "Marijuana" is defined as all parts of the plant of the genus Cannabis L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. it does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. C. Possession of marijuana is a misdemeanor. 9.14.020 DRUG PARAPHERNALIA DEFINED A. "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, injecting, ingesting, inhaling, 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, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived; Ordinance No. 1565 Page 21 of 61 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. Dilutants 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 used in compounding controlled substances; 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 all other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; 12. objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as: a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; b. Water pipes; c. carburation tubes and devices; ordinance No. 1565 Page 22 of 61 d. Smoking and carburation masks; e. 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; f. Miniature cocaine spoons, and cocaine vials; g. Chamber pipes; h. carburetor pipes; i. Electric pipes; j. Air driven pipes; k. Chillums; 1. songs; and m. Ice pipes or chillers. S. 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: 1. Statements by an owner or by anyone in control of the object concerning its use; 2. Prior 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 of the object to controlled substances; 5. The existence of any residue of controlled substances on the object; 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 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 violation of this chapter shall not prevent a finding that the object is intended for or designed for use as drug paraphernalia; ordinance No. 1565 Page 23 of 61 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. 9.14.030 CONTROLLED SUBSTANCE DEFINED A. "controlled substance,, is defined as any substance listed in RCW 69.50.204, 69.50.206, 69.50.208, 69.50.210, and 69.50.212. 9.14.040 POSSESSION OF DRUG PARAPHERNALIA A. it is unlawful for any person to possess any drug paraphernalia with the intent to use or employ the same for manufacturing and/or consuming controlled substances. B. Possession of drug paraphernalia is a misdemeanor. 9.14.050 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA A. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, any item of drug paraphernalia, knowing, or under circumstances where a person reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this code. Ordinance No. 1565 Page 24 of 61 9.14.060 SALE OF TOXIC FUMES A. No person, except a person who is, at the time of such sale, actually employed by or engaged in operating a bona fide commercial establishment at a fixed location, shall sell to any other person any product containing a solvent having the property of releasing toxic vapors or fumes, and all sales of such products not made in or from such establishment are hereby prohibited. B. No person shall knowingly sell or offer for sale, deliver or give away to any person, any substance containing any of the following volatile solvents, where the seller, offeror or deliverer knows or has reason to believe that the substance will be used for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner change, distort or disturb the audio, visual or mental processes: toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclehexanone, or any substance which will induce symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner change, distort or disturb the audio, visual or mental processes. C. Sale of toxic fumes is a misdemeanor. 9.14.070 INHALING TOXIC FUMES A. No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupification, or the dulling of the brain or nervous system, intentionally smell or inhale the fumes of any substance containing a solvent having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be interpreted as applying to the inhalation of anesthesia for medical or dental purposes. B. No person shall, for the purposes of violating subsection (A), use, or possess for the purposes of so using, any product containing a solvent having the property of releasing toxic vapors or fumes. c. Inhaling toxic fumes is a misdemeanor. 9.14.080 ENHANCED PENALTIES FOR VIOLATION IN A DRUG FREE ZONE A. Any person who commits an offense defined in this chapter and the offense occurs in a drug free zone may be punished by a fine up to twice the fine authorized by this Code or by imprisonment of up to twice the imprisonment authorized by this Code, or both such fine and imprisonment. Ordinance No. 1565 Page 25 of 61 B. It is not a defense in a prosecution for a violation of this section that a person was unaware that the prohibited conduct took place while in a drug free zone. c. It is not a defense in a prosecution for a violation of this section that persons under eighteen (18) years of age were not present in the drug free zone at the time of the offense or that school was not in session. D. It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no persons under eighteen (18) years of age were present in such private residence a any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling or possessing with the intent to manufacture, sell, or deliver any controlled substance for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter or title. E. In a prosecution under this section, a map produced or reproduced by the city for the purpose of depicting the location and boundaries of the drug free zones or a true copy of such map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of the drug free zones if the city has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the drug free zones. Any map approved under this section or a true copy of such map shall be filed with the Clerk of the city and shall be maintained as an official record of the City. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one which has been approved by the City if the map or diagram is otherwise admissible. F. As used in this section, the following terms have the meanings indicated unless the context clearly requires otherwise: 1. "Drug free zones" mean the areas in a school, on school grounds, on a school bus, within one hundred (100) feet of a school bus stop, or within one thousand (1,000) feet of the perimeter of any school grounds, or in a public park; 2. "school,, has the meaning under RCW 28A.150.010 or 28.150.020 and also includes a private school authorized under RCW 28A.195.010; Ordinance No. 1565 Page 26 of 61 3. "school bus" means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by the school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term also includes buses operated by common carriers in the transportation of students. 4. "Public park" means land, including any facilities or improvements on the land, that is operated as a park by the State or local government. 9.14.090 SEIZURE AND FORFEITURE - RCW 69.50.505 is hereby adopted by reference. 9.14.100 DRUG RELATED LOITERING A. It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug related activities contrary to any of the provisions of chapters 69.41, 69.50, or 69.52 of the Revised code of Washington. B. Among the circumstances which may be considered in determining whether such a purpose is manifested are: 1. such person is a known unlawful drug user, possessor, or seller. For the purposes of this chapter, "known unlawful drug user, possessor or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession, or sale of any substance referred to in chapters 69.41, 69.50, or 69.52 of the Revised Code of Washington, or substantially similar laws of any political subdivision of this State or any other state; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks", or a person who possesses drug paraphernalia as defined in section 9.14.020 of the Port Orchard Municipal Code; 2. Such person is currently subject to an order prohibiting his or her presence in a high drug activity geographic area; 3. such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in unlawful drug -related activity, including, by way of example only, such person acting as a "lookout"; 4. such person is physically identified by the officer as a member of a "gang", or association which has as its purpose illegal drug activity; ordinance No. 1565 Page 27 of 61 5. such person transfers small objects or packages for currency in a furtive fashion; 6. such person takes flight upon the appearance of a police officer; 7. such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in unlawful drug -related activity; 8. The area involved is by public repute known to be an area of unlawful drug use and trafficking; 9. The premisses involved are known to have been reported to law enforcement as a place of suspected drug activity pursuant to chapter 69.52 of the Revised Code of Washington; 10. Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug related activity. C. Drug related loitering is a gross misdemeanor. 9.16.010 ASSAULT FOURTH DEGREE A. A person is guilty of assault fourth degree if he or she: 1. Intentionally causes bodily harm by unlawfully touching, striking, beating, spitting upon, or wounding another person; or 2. Attempts by force or violence to cause bodily harm to another person; or 3. Intentionally places or attempts to place another person in fear or apprehension of bodily harm by any act, word, or threat. B. Assault fourth degree is a gross misdemeanor 9.16.020 PROVOKING ASSAULT A. Every person who shall by word, sign, or gesture wilfully provoke or attempt to provoke another person to commit an assault or breach of the peace is guilty of provoking assault. B. Provoking assault is a misdemeanor. Ordinance No. 1565 Page 28 of 61 9.16.030 FIGHTING A. It is unlawful for any person to intentionally fight with another person in a public place and thereby create a substantial risk of: 1. Injury to a person who is not actively participating in the fight; or 2. Damage to the property of a person who is not participating in the fight. B. In any prosecution under subsection (A) of this Section 9.16.030, it is an affirmative defense that: 1. The fight was duly licensed or authorized by law; or 2. The person was acting in self defense. C. Fighting is a misdemeanor. 9.16.040 RECKLESS A. A person is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person. B. Reckless endangerment is a gross misdemeanor. 9.16.050 HARASSMENT A. A person is guilty of harassment if: 1. With the intent to annoy or alarm another person, he/she repeatedly uses fighting words or obscene language, thereby causing a substantial risk of assault; or 2. Without lawful authority, the person knowingly threatens: a. To cause injury in the future to the person threatened or to any other person; or b. To cause physical damage to the property to any person other than the actor; or C. To subject the person threatened or any other person to physical confinement or restraint; or d. Maliciously to do any other act which is intended to substantially harm the person threatened or any other person with respect to his/her physical or mental health or safety; or ordinance No. 1565 Page 29 of 61 e. The person by word or conduct and thereby places the person threatened in reasonable fear that the threat will be carried out. B. Harassment is a misdemeanor. 9.16.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS A. A person is guilty of making telephone calls to harass, intimidate, torment or embarrass any other person if, with intent to harass, intimidate, torment or embarrass any other person, he/she makes a telephone call to such other person: 1. using any lewd, lascivious, profane, indecent, or indecent words or language, or suggesting the commission of any lewd or lascivious act; or 2. Anonymously, repeatedly, or at an extremely inconvenient hour, whether or not conversation ensues; or 3. Threatens to inflict injury on the person or property of the person called or any member of his family; or 4. without purposes of legitimate communication. B. The offense committed by the use of a telephone as set forth in this section may be deemed to have been committed either at the place where the telephone call or calls were made or at the place where the call or calls were received. C. Telephone calls to harass, intimidate, torment or embarrass is a misdemeanor. 9.16.070 COERCION A. A person is guilty of coercion if by use of a threat he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he or she has a legal right to engage in. B. "Threat" as used in this section means: 1. To communicate, directly or indirectly, the intent to immediately use force against any person who is present at the time; or 2. Threats as defined in section 9.04.220 c. coercion is a misdemeanor. ordinance No. 1565 Page 30 of 61 9.18.010 PURPOSE AND INTENT - RCW 10.99.010 is adopted by reference. 9.18.020 DEFINITIONS - RCW 10.99.020 is adopted by reference. For the purposes of this Chapter, ,peace officer" includes Port Orchard Police Officer, "law enforcement agency" includes the Port orchard Police Department, "public attorney" means the person or persons, attorney or attorneys who have been designated by the Port Orchard Mayor to provide legal services for the city of Port orchard, and "legislature" shall include the Port Orchard city Council. 9.18.030 POLICE OFFICERS - DUTIES - RCW 10.99.030 is adopted by reference. 9.18.040 COURT - DUTIES - RCW 10.99.040 is adopted by reference. 9.18.050 APPEARANCE BY DEFENDANT - RCW 10.99.045 is adopted by reference. 9.18.060 ENFORCEMENT OF NO - CONTACT ORDER - RCW 10.99.055 is adopted by reference. 9.18.070 VIOLATION OF CRIMINAL NO - CONTACT ORDER A. It is unlawful for any person to wilfully violate a criminal no - contact order prohibiting that person from contact with the victim(s) of domestic violence. B. For the purpose of this Section, 9.18.070, victim(s) means the spouse, ex -spouse, relative by blood or marriage, housemate or roommate, and ex-housemate and ex -roommate the Defendant allegedly committed a crime of domestic violence against. Domestic violence includes, but is not limited to, the crimes of assault fourth degree, reckless endangerment, coercion, harassment, harassment by telephone, criminal trespass in the first or second degree, or malicious mischief. C. Violation of a criminal no -contact order is a gross misdemeanor 9.18.080 VIOLATION OF CIVIL PROTECTION ORDER, CIVIL RESTRAINING ORDER OR CIVIL ANTIRARASSMENT ORDER A. It is unlawful for any person to wilfully violate any of the following provisions of a temporary civil protection order or a civil protection order issued pursuant to the 1984 Domestic Violence Protection Act under RCW 26.50: 1. Restraining any party from committing acts of domestic violence; 2. Restraining any party from having contact with the other party; 3. Excluding any party from the residence of the other party; ordinance No. 1565 Page 31 of 61 4. Restraining any party from interfering with the other party's custody of the children; 5. Restraining any party from removing the children from the jurisdiction of the court or out of the State. B. it is unlawful for any person to wilfully violate any provisions of a civil antiharassment protection order. C. Violation of a civil protection order, civil restraining order or civil antiharassment protection order is a gross misdemeanor. 9.20.010 DEFINITIONS - The following definitions shall apply in this Chapter: A. "commit prostitution" means to engage in any type of sexual conduct in return for payment of money or other compensation. B. "Erotic material" means any pictorial or three (3) dimensional material depicting human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral or anal intercourse), direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals; provided, however, that this definition applies only to those works which applying the average standards of the City, taken as a whole appeal to the prurient interests of persons and which lack serious literary, artistic, political, or scientific value. In determining whether material is prohibited for public display by this chapter such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection. c. Material is placed upon "public display" if it is placed by the defendant on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that matter bringing it within the definition of 9.02.010(B) is easily visible from a public thoroughfare or from the property of others, or in a public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure. D. "Known prostitute or procurer" means a person who within one (1) year previous to the date of arrest for a violation of this chapter, has within the knowledge of the arresting officer been convicted of an offense involving prostitution. E. "Lewd act" means: public 1. Exposure of one's genitals or female breasts; or Ordinance No. 1565 Page 32 of 61 2. Touching, caressing, or fondling of the genitals or female breasts; or 3. Urination or defecation in a place other than a washroom or toilet room; or 4. Masturbation; or 5. sexual conduct. F. "Public place" is an area generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), buildings open to the public, including those which serve food and/or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. G. "Sexual conduct" means any of the following: 1. sexual intercourse in its ordinary sense which occurs upon any penetration, however slight, or contact between persons involving the sex organs of one and the mouth or anus of another; 2. Masturbation, manual or instrumental, of one (1) person by another. 9.20.020 PROSTITUTION LOITERING A. A person is guilty of prostitution loitering if he or she remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution. S. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she: 1. Repeatedly beckons to, stops or attempts to stop pedestrians or engages pedestrians in conversation; or 2. Repeatedly beckons to, stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any other bodily gesture; or 3. circles an area in a motor vehicle and repeatedly beckons to, contacts or attempts to stop pedestrians; or 4. Is a known prostitute or procurer; or 9.20.030 Ordinance No. 1565 Page 33 of 61 5. Inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that a person is not a police officer. c. Prostitution loitering is a misdemeanor. A. A person is guilty of prostitution if he or she engages or agrees or offers to engage in sexual conduct with another person in exchange for a fee. B. Prostitution is a misdemeanor. 9.20.040 PATRONIZING A PROSTITUTE A. A person is guilty of patronizing a prostitute if he or she: 1. Pursuant to a prior understanding, pays a fee to another person as compensation for such person or third person having engaged in sexual conduct with him or her; or 2. 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 3. solicits or requests another person to engage in sexual conduct with him or her in return for a fee. B. Patronizing a prostitute is a misdemeanor. 9.20.050 PROSTITUTION AND PATRONIZING A PROSTITUTE - NO DEFENSE - In any prosecution for prostitution or patronizing a prostitute, the sex of the parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that such persons were of the same sex, or the person who received, agreed to receive or solicited a fee was male and the person who paid, agreed to pay or offered such fee was female. 9.20.060 PERMITTING A. A person is guilty of permitting prostitution if, having possession or control of premises which he or she knows are being used for prostitution purposes, he or she fails to make a reasonable effort to halt or abate such use. B. Permitting prostitution is a misdemeanor. Ordinance No. 1565 Page 34 of 61 9.20.070 LEWD CONDUCT A. A person is guilty of lewd conduct if he or she intentionally performs any lewd act in a public place or at a place and under circumstances where such act could be observed by the public. B. The owner or operator of premises open to the public is guilty of lewd conduct if he or she knowingly permits lewd conduct in a public place under his or her control. C. Lewd conduct is a misdemeanor. 9.20.080 PUBLIC DISPLAY OF EROTIC MATERIAL A. A person is guilty of public display of erotic material if he or she knowingly places such material upon public display, or if he or she knowingly fails to take prompt action to remove such a display from property in his or her possession after learning of its existence. B. Public display of erotic materials is a misdemeanor. 9.24.010 OFFENSES IN PUBLIC A. It is unlawful for a person in a public place to: 1. Refuse to pay the proper fare in a public conveyance; or 2. Expectorate upon the floor, walls, or furniture of any public conveyance or public building. B. Violation of this section is a misdemeanor. 9.24.020 DISORDERLY CONDUCT A. A person is guilty of disorderly conduct if he: 1. intentionally engages in any conduct or uses abusive language which tends to or does disturb the public peace, provoke disorder, or endanger the safety of others; or 2. Intentionally disrupts any lawful assembly or meeting of person without lawful authority; or 3. Intentionally obstructs vehicular or pedestrian traffic without lawful authority. B. Disorderly conduct is a misdemeanor. ordinance No. 1565 Page 35 of 61 9.24.030 FAILURE TO DISPERSE A. A person is guilty of failure to disperse if: 1. He or she congregates with a group of three or more other persons and there are acts or conduct within that group, or circumstances, which create a substantial risk of causing injury to any person or substantial harm to property; and 2. He or she refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing and executing the law. B. Failure to disperse is a misdemeanor. 9.24.040 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, street, sidewalk or public way adjacent thereto, without lawful reason, and intentionally causes undue disruption of the activities of the school. B. Disruption of school activities is a misdemeanor. 9.24.050 PUBLIC DISTURBANCE NOISES A. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from that property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: 1. The frequent, repetitive or continuous sounding of a horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; or 2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off -highway vehicle, or internal combustion engine within a residential district so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; or 3. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; or ordinance No. 1565 Page 36 of 61 4. The creation of frequent, repetitive, or continuous sounds which emanate from any building, structure, apartment or condominium which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings; or 5. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume as to be audible greater than fifty (50) feet from the vehicle itself; or 6. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume as to be audible greater than fifty (50) feet from the source; 7. The foregoing provisions shall not apply to regularly scheduled events at recognized public places of assembly. Recognized public places of assembly includes, but is not limited to public parks, churches, and schools. Provided that the foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace. B. Public disturbance noises is a misdemeanor. 9.26.010 DEFINITIONS A. "Liquor" means the four (4) varieties of liquor defined in this section (alcohol, beer, wine, and spirits), and all fermented, spirituous, vinous, or malt liquor, or any combination or mixture thereof containing one-half (1/2) of one percent (1%) or more of alcohol by volume. B. "Alcohol" means that substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine, which is commonly produced by fermenting or distillation of grain, starch, molasses, or sugar, or other substances, including all dilutions or mixtures of said substances. C. "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of hops, or extract of hops and barley malt or other grain or cereal in water, including ale, stout, porter, containing one-half (1/2) of one percent (1%), or more, of alcohol by volume. Ordinance No. 1565 Page 37 of 61 D. "Wine" means any alcoholic beverage obtained by fermentation of fruits or other agricultural products containing sugar, or any such beverage to which any saccharine substance may have been added before, during or after fermentation, or any such beverage to which may have been added any spirits, wine spirits or alcohol, which contains one-half (1/2) of one percent (1%), or more, of alcohol by volume. E. "Spirit" means any beverage obtained by distillation which contains one-half (1/2) of one percent (1%), or more, of alcohol by volume. F. "Minor", for the purposes of this chapter, means any person less than twenty one (21) years of age. 9.26.020 OPENING, CONSUMING, OR POSSESSION LIQUOR IN A PUBLIC PLACE A. it is unlawful for any person in a public place to: 1. open any receptacle containing liquor; or 2. Consume any liquor; or 3. Possess any opened receptacle containing liquor. B. This section, 9.26.020, does not apply to a public place authorized by law or license to serve liquor. C. opening, consuming, or possessing liquor in a public place is a misdemeanor. 9.26.030 SERVICE OF LIQUOR TO INTOXICATED PERSON A. It is unlawful for any person to gift, sell, or otherwise provide liquor to a person apparently under the influence of liquor. B. Service of liquor to an intoxicated person is a misdemeanor. 9.26.040 MINORS PROHIBITED WHERE LIQUOR SERVED A. It is unlawful for any person having charge of a public place where liquor is served to admit or allow any person under the age of twenty one (21) years to remain on the premises contrary to the laws of the State of Washington. B. Minors prohibited where liquor served is a misdemeanor. Ordinance No. 1565 Page 38 of 61 9.26.050 FALSE IDENTIFICATION TO OBTAIN LIQUOR A. It is unlawful for any person to knowingly transfer any identification of age to a person less than twenty-one (21) years of age for the purpose of permitting such person to obtain liquor. B. It is unlawful for any person to use or attempt to use any identification of age of another person, or to make false representations as to his/her age for the purpose of obtaining liquor. C. False identification to obtain liquor is a misdemeanor. 9.26.060 MINORS PURCHASING, CONSUMING, OR POSSESSING LIQUOR A. It is unlawful for any person under the age of twenty-one (21) years to purchase, drink, consume, or possess liquor within the city, except liquor given or permitted to be given to a person under the age of twenty-one (21) years by his or her parent or guardian for beverage or medicinal purposes or administered to him or her by his or her physician or dentist for medicinal purposes or given or administered to him or her in connection with religious services. B. Minor purchasing, consuming, or possessing liquor is a misdemeanor. 9.26.070 SUPPLY OF LIQUOR TO MINORS A. It is unlawful for any person to give or otherwise supply liquor to any person under the age of twenty-one (21) years, or to permit any person under the age of twenty-one (21) years to consume liquor on or in his premises or vehicle or on or in any premises or vehicle under his control except as provided in 9.26.060. B. Supply of liquor to minors is a misdemeanor. 9.26.080 SERVICE OF LIQUOR DURING HOURS OF CLOSING A. It is unlawful for the manager, owner, operator or employee of any establishment licensed by the state of Washington to sell liquor to permit any person to consume liquor, or to sell, give away or otherwise furnish any person with liquor between the hours of two a.m. (2:00 a.m.) and six a.m. (6:00 a.m.), unless permitted by the rules and regulations of the Washington State Liquor Control Board. B. Service of liquor during hours of closing is a misdemeanor. 9.26.090 KNOWLEDGE OF AGE NOT ELEMENT OF OFFENSE - In any prosecution under this chapter and notwithstanding any other provision hereof, it is not a defense that the actor reasonably believed that the other person was twenty-one (21) years of age or older. ordinance No. 1565 Page 39 of 61 9.28.010 DEFINITIONS — The following definitions shall apply for use in this chapter: A. "Building", in addition to its ordinary meaning, includes any dwelling, vehicle, railway car, watercraft, cargo container, or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods. B. "Damage" means injury or harm to property sufficient to lower its value or involving sufficient inconvenience or loss of efficiency. C. "Deception" occurs when the actor knowingly: 1. Creates or confirms another's false impression which the actor does not believe to be true; or 2. Fails to correct another's false impression which the actor had previously created or confirmed; or 3. Prevents another from acquiring information material to the disposition of the property involved; or 4. Promises performance which the actor does not intend to perform or knows will not be performed; or 5. uses a credit card without authorization or which he or she knows to be stolen, forged, revoked or canceled. D. "Enter." The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand and used or intended to be used to threaten or intimidate a person or to detach or remove property. E. "Enters or Remains unlawfully." A person "enters or remains unlawfully" in or upon any premises when he or she is not then licensed, invited, or otherwise privileged to so enter and remain. A license or privilege to enter and remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public. A person who enters and remains on unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a ordinance No. 1565 Page 40 of 61 conspicuous manner. Land that is used for commercial aquaculture or for growing of an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. F. "obtained" means: 1. In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or 2. In relation to labor or service, to secure performance thereof for the benefit of the obtainer or another. G. "owner" means a person, other than the actor, who has possession of or any other interest in the property involved, and without whose consent the actor has no authority to exert control over the property. H. "Property" means any money, credit card, personal property, real property, thing in action, evidence of debt or contract, public record, or article of value of any kind. I. "Premises" includes an building, dwelling, structure, or any real property. J. "Receiving" means acquiring possession, control or title or lending on the security of the property. K. "service" includes, but is not limited to, labor, professional service, transportation service, the supplying of hotel and motel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. L. "Stolen" means obtained by theft, robbery, extortion, or appropriating lost or misdelivered property. M. "Wrongfully obtains" or "exerts unauthorized control" means to take the property or services of another and includes but it not limited to conduct known as common law larceny. 9.28.020 CRIMINAL IMPERSONATION A. A person is guilty of criminal impersonation if he or she: 1. Assumes a false identity and does an act in his or her assumed character with the intent to defraud another or for any other unlawful purpose; or ordinance No. 1565 Page 41 of 61 2. Pretends to be a representative of some person or organization and does an act in his or her pretended capacity with the intent to defraud another or for any other unlawful purpose; or 3. Impersonates a police officer. B. criminal impersonation is a misdemeanor. 9.28.030 CRIMINAL TRESPASS IN THE FIRST DEGREE A. A person is guilty of criminal trespass in the first degree when he or she knowingly enters or remains unlawfully in a building. B. criminal trespass in the first degree is a gross misdemeanor. 9.28.040 CRIMINAL TRESPASS IN THE SECOND DEGREE A. A person is guilty of criminal trespass in the second degree when he or she: 1. Knowingly enters or remains unlawfully in or upon the premises of another under circumstances not amounting to criminal trespass in the first degree; or 2. without license or privilege to so do, knowingly enters or remains in or upon the property of another and either invades the privacy of, or disturbs the occupants or residents of such property by looking into or peeping into any dwelling or private premises. B. criminal trespass in the second degree is a misdemeanor. 9.28.050 DEFENSES TO CRIMINAL TRESPASS - In any prosecution under sections 9.28.030 or 9.28.040, it is an affirmative defense that: A. A building involved in an offense was abandoned; B. The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; C. The actor reasonably believed that the owner of the premises, or some other person empowered to license access thereto, would have licensed him or her to enter or remain; D. The actor was attempting to serve legal process, which includes any document required or allowed to be served upon persons or property by any statute, rule, ordinance, regulation or court order, ordinance No. 1565 Page 42 of 61 excluding delivery by the mails of the United states. This defense applies only if the actor did not enter into a private residence or building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process. 9.28.060 MALICIOUS MISCHIEF THIRD DEGREE A. A person is guilty of malicious mischief third degree if he or she: 1. Knowingly and maliciously causes physical damage to the property of another, public or private, in the amount of two hundred fifty dollars ($250.00) or less; or 2. Intentionally throws any objects or missiles at, against, or upon any house, building, structure, vehicle or premises of another person or the city without the consent of that person or the City. B. Malicious mischief third degree is a misdemeanor. 9.28.070 POSSESSION OF STOLEN PROPERTY THIRD DEGREE A. A person is guilty of possession of stolen property third degree if he or she receives, possesses, retains or disposes of property of another having value of two hundred fifty dollars ($250.00) or less, knowing that it has been stolen or consciously disregarding a substantial risk that the property has been stolen. B. In any prosecution under this section 9.28.070, it is an affirmative defense that the actor received, retained or disposed of stolen property with the intent to restore it to the owner. c. Possession of stolen property third degree is a misdemeanor. 9.28.080 SHOPLIFTING A. A person is guilty of shoplifting if he or she wilfully takes possession of merchandise valued at two hundred fifty dollars ($250.00) or less and offered for sale by any wholesale, retail or mercantile establishment without the consent of the seller, with the intent to convert such merchandise to his or her own use without having paid the purchase price thereof. B. A duly appointed city, county, or state law enforcement officer may, upon charge being made and without a warrant, arrest any person who he has cause to believe has committed or attempted to commit the crime of shoplifting. c. Shoplifting is a misdemeanor. Ordinance No. 1565 Page 43 of 61 9.28.090 THEFT THIRD DEGREE A. A person is guilty of theft if, with regard to property or services of two hundred fifty dollars ($250.00) or less he or she: 1. Wrongfully obtains or exerts unauthorized control over the property or services of another with the intent to deprive that person of such property or services; or 2. By aid of deception, he or she obtains control over the property or services of another with the intent to deprive that person of such property or services; or 3. Appropriates lost or misdelivered property or services of another with the intent to deprive that person of such property or services. B. Theft third degree is a misdemeanor. 9.28.100 VEHICLE PROWLING A. A person is guilty of vehicle prowling if, with intent to commit a crime against a person or property, he enters and remains unlawfully in a vehicle. B. vehicle prowling is a misdemeanor. 9.28.110 UNLAWFUL ISSUANCE OF A BANK CHECK A. A person is guilty of unlawful issuance of a bank check if, with intent to defraud, he or she: 1. Makes, draws, utters or delivers to another person any check, or draft, on a bank or other depository for the payment of money, knowing at the time of such issuance or delivery he or she does not have an account in, or sufficient funds or credit with, such bank or depository for payment of such check or draft in full upon presentation; or 2. Makes, draws, utters or delivers to another person any check, or draft, on a bank or other depository for the payment of money and he or she issues a stop -payment order directing the bank or depository on which the check is drawn not to honor said check or draft and he or she fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check or draft within twenty (20) days of issuing such check or draft. Ordinance No. 1565 Page 44 of 61 B. The word "credit" us used in this section shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft in full upon presentation. C. The issuance or delivery of a check or draft to another person without having an account in or credit with the drawee at the time the draft or check was issued or delivered shall be prima facie evidence of an intent to defraud. D. Unlawful issuance of a bank check in the amount of two hundred fifty dollars ($250.00) or less is a misdemeanor. The court shall order the defendant to make full restitution. 9.28.120 FAILURE TO DELIVER LEASED PERSONAL PROPERTY A. Every person being in possession thereof who shall wilfully and without reasonable cause fail to deliver leased personal property valued at two hundred fifty dollars ($250.00) or less to the lessor within ten (10) days after written notice of the expiration of the lease has been mailed to the lessee by registered or certified mail with return receipt requested, shall be guilty of failure to deliver leased personal property. B. There shall be no prosecution under this section 9.28.120 unless such lease is in writing, and contains a warning that failure to promptly return leased property may result in a criminal prosecution, and the notice mailed pursuant to the provisions of the subsection shall clearly state that the lessee may be guilty of a crime upon his failure to return the property to the lessor within ten (10) days. C. In any prosecution under this Section 9.28.120, any allegation containing a description of the lease by reference to the date thereof and names of the parties shall be sufficiently definite and certain. D. As used in this subsection 9.28.120, the term "lease" shall also include rental agreements. E. The provisions of this section 9.28.120 shall be cumulative and nonexclusive and shall not affect any other criminal provision. F. Failure to return leased personal property is a misdemeanor. 9.28.130 THEFT OF CABLE TELEVISION SERVICES A. A person is guilty of theft of cable television services if: 1. With intent to avoid payment of the lawful charge for any communication service of a cable system, he or she: ordinance No. 1565 Page 45 of 61 a. tampers with the equipment of the cable system, whether by mechanical, electrical, acoustical, or other means; or b. knowingly misrepresents a material fact; or c. uses any other artifice, trick, deception, code, or other device; and 2. He or she wrongfully obtains cable communications services for himself or herself or another. B. Theft of cable television services is a gross misdemeanor. 9.28.140 DEFRAUDING A PUBLIC UTILITY THIRD DEGREE A. The following definitions shall apply to this Section 9.28.140: 1. "customer" means the person in whose name utility service is provided. 2. "Divert" means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility. 3. "Person" means an individual, partnership, firm, association, corporation or government agency. 4. "Reconnection" means the commencement of utility service to a customer or other person after service has been lawfully disconnected by the utility. 5. "Tamper" means to rearrange, injure, alter, interfere with or otherwise prevent from performing the normal or customary function. 6. "Utility" means an electrical company, gas company, or water company as those terms are defined in RCW 80.04.010, and includes an electrical, gas, or water system operated by a public agency. 7. "Utility service" means the provision of electricity, gas, water or any other service or commodity furnished by the utility for compensation. B. A person is guilty of defrauding a public utility third degree if, with respect to utility services in the amount of five hundred dollars ($500.00) or less, he or she: 1. Diverts, or causes to be diverted, utility services by any means whatsoever; or ordinance No. 1565 Page 46 of 61 2. Makes, or causes to be made, a connection or reconnection with property owned or used by the utility to provide utility services without the authorization or consent of the utility; or 3. Prevents a utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means; or 4. Tampers with property owned or used by the utility to provide utility services; or 5. Uses or receives the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection or reconnection existed at the time of the use or receipt was without the authorization or consent of the utility. C. Restitution ordered or fines imposed under this section 9.28.140 do not preclude a public utility from collecting damages under RCw 80.28.240 to which it may be entitled. D. Defrauding a public utility third degree is a gross misdemeanor. 9.28.150 RECKLESS BURNING A. A person is guilty of reckless burning if he or she knowingly causes any fire or explosion, whether on his or her property or that of another, and thereby recklessly places a building, or other structure, or any vehicle, railway car, aircraft, watercraft, or any hay, grain, crop, or timber, whether cut or standing, in danger of destruction or damage. B. In any prosecution for the crime of reckless burning, it shall be a defense if the defendant establishes by a preponderance of the evidence that: 1. No person other than the defendant had a possessory or pecuniary interest in the damaged or endangered property, or if other persons had such an interest, all of them consented to the defendants conduct; and 2. The defendants sole intent was to destroy or damage the property for a lawful purpose. C. In any prosecution for the crime of reckless burning, the person knowingly causing any fire shall be presumed to be not acting recklessly if that person possesses a valid permit to burn issued by the appropriate city authority, and all conditions and requirements related to the permit have been met. ordinance No. 1565 Page 47 of 61 D. Reckless burning is a gross misdemeanor. 9.28.160 MAKING OR POSSESSING BURGLARY TOOLS A. Every person who shall make or mend, or cause to be made or mended, or have in his or her possession, any engine, machine, tool, false key, pick lock, bit, nippers, slim jim, slide hammer or implement adapted, designed, or commonly used for the commission of a burglary or vehicle prowl under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary or vehicle prowl, or knowing that the same is intended to be so used, shall be guilty of making or possessing burglary tools. B. Making or possessing burglary tools is a gross misdemeanor. 9.28.170 COMPUTER TRESPASS SECOND DEGREE A. A person is guilty of computer trespass second degree if the person, without authorization, intentionally gains access to a computer system or electronic data base of another. B. computer trespass second degree is a gross misdemeanor. 9.28.180 OBSCURING THE IDENTITY OF A MACHINE A. A person is guilty of obscuring the identity of a machine if he or she knowingly: 1. obscures the manufacturers serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance, or other device with intent to render it unidentifiable; or 2. Possesses a vehicle, machine, engine, apparatus, appliance, or other device held for sale knowing that the serial number or other identification number or mark has been obscured. B. "Obscure" means to remove, deface, cover, alter, destroy, or otherwise render unidentifiable. C. obscuring the identity of a machine is a gross misdemeanor. 9.32.010 DEFINITIONS — For the purposes of this Chapter, the words contained in this chapter are defined as follows: A. "Abused child" means a physically or sexually mistreated child as defined in RCW 13.34.030. B. "Child" means a person less than eighteen (18) years of age, unless otherwise specified. ordinance No. 1565 Page 48 of 61 C. "Delinquent act" means an act committed by a child which would be designated a crime if committed by an adult. D. "Dependant child- means a child who is: 1. Neglected, as defined in Subsection F of this Section; or 2. Abused as defined in subsection A of this section. E. "Minor" means any person less than eighteen (18) years of age, unless otherwise specifically designated. F. "Neglected child-, means a child who is: 1. Without a parent or legal guardian, or legal custodian or who has been abandoned by such; or 2. In a situation of clear and present danger of suffering substantial damage to his or her mental or physical health; or 3. A runaway from his or her home or a fugitive from his or her parent or guardian. 9.32.020 LEAVING CHILD UNATTENDED IN A PARKED AUTOMOBILE A. Every person having the care and custody, whether temporary or permanent, of minor children under the age of twelve (12) years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where liquor is dispensed for consumption on the premises shall be guilty of leaving a child unattended in an automobile. B. Leaving a child unattended in an automobile is a misdemeanor. 9.32.030 SUPPLYING TOBACCO TO A MINOR - POSSESSION BY A MINOR A. It is unlawful for any person to give, sell, furnish, cause to be furnished or otherwise provide to any minor, any cigarette, cigar or tobacco in any form or for a minor to possess the same. B. supply of tobacco to a minor and possession of tobacco by a minor are misdemeanors. 9.32.040 CONTRIBUTING TO THE DELINQUENCY OF A MINOR A. A person is guilty of contributing to the delinquency of a minor if, by act or omission, he or she knowingly causes or encourages a minor to commit or otherwise contributes to a minor's commission of a delinquent act. B. Contributing to the delinquency of a minor is a misdemeanor. ordinance No. 1565 Page 49 of 61 9.32.050 LEAVING A CHILD UNATTENDED A. It is unlawful for any person having the care and custody, whether temporary or permanent, of a child five (5) years old or less to leave such a child unattended. B. For purposes of this section, a person leaves a child "unattended" if that person leaves the child without the direct and immediate supervision by any person twelve (12) years old or older and under circumstances causing alarm in a reasonable person as to the safety and welfare of the child. C. Leaving a child unattended is a misdemeanor. 9.34.010 DEFINITIONS - For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. A. "Aircraft" is any contrivance now known or hereafter invented, used, or designed for navigation or for flight in the air. The word "aircraft" shall include, but is not limited to, helicopter and lighter than air dirigibles and balloons. B. "Authorized receptacle" is a litter storage and collection receptacle as authorized by the city of Port Orchard. C. "commercial handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any printed or otherwise reproduced original or copies of any matter of literature which: 1. Advertise for sale any merchandise, product, commodity, or thing; or 2. Directs attention to any business or mercantile or commercial establishment, or other activity for the purpose of either directly or indirectly promoting thereof by sales; or 3. Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purposes of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for purposes of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, ordinance No. 1565 Page 50 of 61 safety and welfare; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by law of this State, or under any ordinance of this city; or 4. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. D. "Garbage" is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking , and consumption of food. E. "Litter" is "garbage", "refuse", and "rubbish" as defined herein and all other waste material which, if thrown or deposited as prohibited in this Chapter, tends to create a danger to public health, safety, and welfare. F. "Newspaper" is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public. G. "Noncommercial handbill" is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any printed or otherwise reproduced original or copies of any matter of literature not included in the definition of a "commercial handbill" or "newspaper". H. "Private premises" is any house, building, dwelling or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such building, house, dwelling or other structure. I. "Refuse" is all putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. Ordinance No. 1565 Page 51 of 61 ,7. "Rubbish" is nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, tin cans, yard clippings, wood, glass, bedding, crockery, and similar materials. 9.34.020 LITTERING IN PUBLIC PLACE A. No person shall throw or deposit litter in or upon any public place within the city except in public receptacles or in authorized private receptacles for collection. B. Persons placing litter in public receptacles or authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements in or upon any public place or private property. C. No person shall move any vehicle within the city unless such vehicle is so constructed or loaded as to prevent any litter from being blown or deposited upon any public place. D. No person shall throw out, drop or deposit within the city any litter, handbill, or any other object. E. Littering in a public place is a misdemeanor. 9.34.030 POSTING NOTICES A. No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole, or upon any public structure or building except as may be authorized or required by law. B. No person shall be prosecuted under this section, 9.34.030, unless the violation occurred subsequent to that person receiving actual notice that such conduct is criminal. c. Posting notices is a misdemeanor. 9.34.040 PLACING HANDBILLS ON VEHICLES A. No person shall deposit any commercial or noncommercial handbill in or upon any vehicle unless that person has been issued a license to distribute handbills pursuant to Port orchard code Section 5.52.100 and has posted a bond pursuant to Port orchard Code section 5.52.110. Provided, however, that it is not unlawful in any public place for a person to hand or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. B. Placing handbills on vehicles is a misdemeanor. ordinance No. 1565 Page 52 of 61 9.34.050 HANDBILL DISTRIBUTION PROHIBITED WHERE POSTED A. No person shall deposit or distribute any commercial or noncommercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements, "No soliciting," or any other similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. B. Distribution of a handbill in violation of this section is a misdemeanor. 9.34.060 DISTRIBUTION OF HANDBILLS AT PRIVATE PREMISES 9.36.010 A. No person shall deposit or distribute any commercial or noncommercial handbill in or upon any private premises, except by handing or transmitting such handbill directly to the owner, occupant, or other person then present in or upon such private premises, or by placing or depositing such handbill as to secure them from being blown or drifted about such premises or any public place. B. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any private premises or public place. C. Distribution of a handbill in violation of this section is a misdemeanor. A. "Aerosol tear gas personal protection device" means a container for dispensing tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS) within the range of .08% to 1.2% of the net contents by volume, oleoresin capsicum, or other non -lethal irritant or inflammatory agent, which container has a net weight of one hundred fifty (150) grams or less. B. "Air gun" as used in this Chapter means and includes the following. air gun, air pistol, air rifle, BB gun and toy gun of any kind or nature when so designed, contrived, modified and used to propel, by compressed air, gas or spring loaded plunger, any pellet, dart, hard tipped arrow, bean, pea, BB, rock or any other hard substance a distance of more than 25 feet with sufficient force to break windows or to inflict injury upon persons or animals. ordinance No. 1565 Page 53 of 61 c. "commercial seller" as used in this Chapter means a person who has a federal firearms license. D. "Crime of violence" means the following felonies, as now existing or hereafter amended: 1. Any felony defined under any law as a class A felony, or an attempt to commit a class A felony, criminal solicitation or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, extortion in the first degree, burglary in the second degree, and robbery sine second degree. 2. Any conviction for a felony offense in effect at any time prior to July 1, 1976, which is comparable to a felony classified as a crime of violence in subsection D(1) of this section; or 3. Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence in subsection D(1) of this section. E. "Dangerous knife" means any fixed -blade knife and any other knife having a blade of more than three and one half (3 1/2) inches in length. F. "Firearm" as used in this chapter means a weapon or device from which a projectile may be fired by an explosive such as gunpowder. G. "Fixed -blade knife" means any knife, regardless of blade length, with a blade which is permanently open and does not fold or retract or slide into the handle of the knife, and includes, but is not limited to, any dagger, sword, bayonet, bolo knife, hatchet, axe, straight -edged razor, or razor blade not in a package, dispenser or shaving appliance. N. "Gas pen", "gas pencil", "gas bomb", and "gas pistol" means any pen, pencil, bomb, pistol or other device which is capable of containing and emitting tear gas or any noxious liquid, gas or substance; provided, that this definition does not include an aerosol personal protection device as defined in section 9.36.010(A). i. "Pistol" means any firearm with a barrel less than twelve (12) inches in length. ordinance No. 1565 Page 54 of 61 J. "Switchblade knife,, means any knife having a blade that opens automatically by hand pressure applied to a button, spring mechanism or other device, or blade that opens, falls or ejected into position by force of gravity or by an outward, downward or centrifugal thrust or movement. 9.36.030 UNLAWFUL DISCHARGE A. It is unlawful for any person to: 1. Discharge any firearm or air gun without lawful authority; or 2. Fire, discharge, explode or cause to be exploded any object containing gunpowder or other explosive material defined in RCW 70.77.130. B. A firearm or other weapon described in subsection 9.36.010 may be discharged by a person having reasonable belief that livestock owned by him or her are in immediate danger of serious injury or death as a result of predators attacking or injuring the livestock; provided, further, that such discharge may only be made where no reasonable likelihood of injury to persons, or substantial injury to property, will result from such discharge. c. Unlawful discharge is a misdemeanor. 9.36.040 REGULATION OF SALES - RCW 9.41.090 is hereby adopted by reference. 9.36.045 DENIAL OF APPLICATION - APPEAL - RCW 9.41.095 is hereby adopted by reference. 9.36.050 RETAIL DEALERS - LICENSE REQUIRED A. No retail dealer shall sell or otherwise transfer or expose for sale or transfer, or have in his or her possession with intent to sell or otherwise transfer any pistol without being licensed as provided by law under the requirements of RCW 9.41.110. B. violation of this section is a misdemeanor. 9.36.060 CERTAIN TRANSFERS PROHIBITED - RCW 9.41.120 is hereby adopted by reference. 9.36.070 CERTAIN PERSONS FORBIDDEN TO POSSESS FIREARMS A. No person who has been convicted in this state or elsewhere of a crime of violence, is a drug addict or who has been confined in a mental institution shall own a pistol or have one in his or her possession or under his or her control. B. Violation of this section is a misdemeanor. ordinance No. 1565 Page 55 of 61 9.36.080 DELIVERY TO MINORS AND OTHER PERSONS PROHIBITED - RCW 9.41.080 is hereby adopted by reference. 9.36.090 CARRYING PISTOL - LICENSE REQUIREMENTS - RCW 9.41.070 is hereby adopted by reference. 9.36.100 CARRYING PISTOL - EXCEPTIONS - RCW 9.41.060 is hereby adopted by reference. 9.36 110 CARRYING PISTOL - REQUIREMENTS - RCW 9.41.050 is hereby adopted by reference. 9.36.120 FALSE INFORMATION - RCW 9.41.130 is hereby adopted by reference. 9.36.125 ALTERATION OF IDENTIFYING MARKS - RCW 9.41.140 is hereby adopted by reference. 9.36.130 UNLAWFUL USE OF WEAPONS A. It is Unlawful for a person knowingly to: 1. sell, manufacture, purchase, possess, or carry any blackjack, sand -club, metal knuckles, switchblade knife, chako sticks, or throwing stars; or 2. carry concealed or unconcealed on his or her person any dangerous knife or any other deadly weapon; or 3. carry a loaded pistol in any vehicle or carry a pistol concealed on his or her person, except when in his or her place of abode, or fixed place of business, without a license as provided in this chapter; or 4. sell, give away, or otherwise provide to any person under eighteen (18) years of age any dangerous knife or deadly weapon, or for any person under eighteen (18) years of age to purchase any dangerous knife or deadly weapon, or for any person under eighteen (18) years of age to possess any dangerous knife or deadly weapon except when under the direct supervision of an adult; or 5. set a spring gun; or 6. Use any device or attachment of any kind designed, used or intended for use in silencing the noise of any firearm; or 7. sell, purchase, possess or carry any gas pen, pencil, gas bomb or gas pistol. B. The Municipal Court may order forfeiture of any weapon identified in this section. Ordinance No. 1565 Page 56 of 61 C. unlawful use of a weapon is a misdemeanor. 9.36.140 UNLAWFUL USE OF WEAPONS TO INTIMIDATE ANOTHER A. It shall be unlawful for any person to carry, exhibit, display or draw any dangerous knife or other knife with a blade that is open for use or deadly weapon in a manner, under circumstances, and at a time and place that manifests an intent to intimidate another person or that warrants alarm for the safety of other persons. H. subsection A of this section shall not apply to: 1. Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty; or 2. Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of presently threatened unlawful force by a third person; 3. Any person making or assisting in making a lawful arrest for the commission of a felony; or 4. Any person engaged in military activities sponsored by the Federal or state governments. C. The Municipal court may order forfeiture of any knife or deadly weapon used in violation of this section. D. unlawful use of a weapon to intimidate another is a misdemeanor. 9.36.150 POSSESSION BY MINORS A. It is unlawful for any person to sell, give, furnish or otherwise cause or allow to be furnished to a person under the age eighteen (18) years, any firearm or any ammunition for a firearm. B. It is unlawful for any person under the age of eighteen (18) years to purchase, possess or use any firearm or any ammunition for a firearm. C. It is unlawful for any person under the age of twenty-one (21) years to purchase, possess or have in his or her control, a pistol. D. It is unlawful for any person under the age of eighteen (18) years to possess an aerosol personal protection device as defined in section 9.36.010(A). Ordinance No. 1565 Page 57 of 61 E. subsections A, B and C of this section shall not apply to a minor who possesses or is supplied a firearm for immediate use at a recognized rifle range and is under the direct supervision of a person over the age of eighteen (18) years, or who is to immediately embark on a lawful animal hunt and who possesses a lawful hunting license and is accompanied by a person over the age of eighteen (18) years. F. violation of this section is a misdemeanor. 9.36.155 WEAPONS ON SCHOOL GROUNDS - RCW 9.41.280 is hereby adopted by reference. 9.36.160 COURT FORFEITURE OF WEAPONS - RCW 9.41.098 is hereby adopted by reference. 9.36.165 FIREJUMS PROHIBITED IN CERTAIN PLACES - RCW 9.41.300 is hereby adopted by reference. 9.36.170 EXCEPTIONS A. This chapter shall not apply to: 1. Antique firearms as defined in RCW 9.41.150. B. This section exempting antique firearms shall not apply to sections 9.36.140, 9.36.150, 9.36.155, and 9.36.160. 10.04.010 ADOPTION BY REFERENCE A. "The Washington Model Traffic ordinance," chapter 46.90 of the Revised code of Washington, hereinafter referred to as the 11MTO11 is adopted by reference, together with any amendments, as and for the traffic ordinance of this City as if set forth in full in this Chapter, except as provided in Section 10.04.020. B. The following sections of the Revised code of Washington which were not adopted by the "MTo" are adopted by reference together with any amendments thereto and is included in the traffic ordinance of this city as if set forth in full in this chapter: 1. RCW 46.61.517. 10.04.020 SECTIONS NOT ADOPTED - The following Sections of the "MTo" are not adopted by reference and are hereby expressly deleted: Rcw 46.16.135, RCW 46.16.140, RCW 46.16.145, RCW 46.16.170, RCW 46.44.090, RCW 46.44.091, RCW 46.44.092, RCW 46.44.093, RCW 46.44.095, Rcw 46.44.096, RCW 46.44.120, RCW 46.44.130, RCW 46.44.140, RCW 46.90.250, RCW 46.90.275, RCW 46.90.500, RCW 46.90.505, RCW 46.90.510, RCW 46.90.515, 46.90.530, RCW 46.90.535, RCW 46.90.540, 46.90.620, RCW 46.90.630, RCW 46.90.640, 70.93.060. Ordinance No. 1565 Page 58 of 61 RCW 46.90.520, RCW 46.90.525, RCW RCW 46.90.600, RCW 46.90.610, RCW RCW 46.90.650, RCW 46.90.660, RCW 10.88.010 STATUTES ADOPTED BY REFERENCE - The City adopts by reference Revised code of Washington 88.02.010, 88.02.020, 88.02.025, 88.02.030, 88.02.080, 88.02.090, 88.02.095, 88.02.110, 88.12.010, 88.12.020, 88.12.030, 88.12.040, 88,12.050, 88.12.060 and Washington Administrative Code 308-93-080, 308-93-135, 308-93-140, 308-93-145, 308-93-155, 308-93-220, 308-93-225, 352-60-030, 352-60- 040, 352-60-050, 352-60-060, 352-60-070, 352-60-080, 352-60-090 and 352-60-100 relating to the regulation and safe operation of vessels in Port Orchards Boating ordinances as though fully set forth therein. 10.88.020 NONAPPEARANCE AFTER WRITTEN PROMISE Any person violating his or her written or signed promise to respond to a notice of an infraction or notice of violation under this Chapter, 10.88, is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested or the disposition of the notice of infraction or notice of violation. 10.88.030 REFUSAL TO SIGN NOTICE OF INFRACTION OR NOTICE OF VIOLATION - Any person who knowingly refuses to sign a promise to appear on a subsequent court date or a promise to respond to an infraction or violation under this chapter is guilty of a misdemeanor. 10.92.010 DEFINITIONS - For the purposes of this Chapter, 10.92, relating to junk vehicles, the following definitions shall apply unless a different meaning is clearly called for or specified. A. "Junk vehicle" shall mean a motor vehicle, remnant or remains thereof which is three (3) years old or older, apparently inoperable, and is extensively damaged or missing vital parts of mechanisms. B. "Extensively damaged" includes, but is not limited to, a broken window or windshield or missing wheels, tires, motor or transmission. 10.92.020 NUISANCE DECLARED - A junk vehicle remaining on private property, with or without the consent of the owner, for more than twenty (20) days is a public nuisance and shall be abated in accordance with the procedures listed in Section 10.92.030. 10.92.030 ABATEMENT PROCEDURE A. A Police officer shall inspect and certify that a vehicle meets the requirements of a junk vehicle. The officer shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment, state that the vehicle appears inoperable and that the vehicle is three (3) years old or older. ordinance No. 1565 Page 59 of 61 a. Upon request from a Police officer presenting the information outlined in section 10.92.030(A), the City Engineer shall issue an abatement notice by registered or certified mail to the last registered owner of record of the vehicle and the record owner of the property upon which the vehicle is located that such vehicle has been declared a nuisance, that the City will remove and dispose of the vehicle, that a hearing regrading the removal and disposal of the vehicle may be requested and the manner for requesting such a hearing, that, if no request for a hearing is received by the city within 10 days from the data such notice is mailed, the city will abate the nuisance by removal and disposal of the vehicle, and that costs of removal and disposal may be assessed against the last registered owner of record of the vehicle and the record owner of the property upon which the vehicle is placed; provided, that notice to the last registered owner of record of the vehicle is not required where the vehicle is in such condition that identification numbers are not available to determine ownership. C. If a request for a hearing is received by the city within 10 days from the date the abatement notice is mailed, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by certified mail, with a five (5) day return receipt requested, to the owner of record of the property upon which the vehicle is located and to the last registered owner of record; provided that notice to the last registered owner of record of the vehicle is not required where the vehicle is in such condition that identification numbers are not available to determine ownership. D. After notice has been given to the registered owner of the vehicle and to the record owner of the property upon which the vehicle is located of the intent of the city to remove and dispose of such vehicle as a nuisance, and after a hearing, if requested, has been held, the junk vehicle shall be removed at the request of the City Engineer; provided that notice to the last registered owner of record of the vehicle is not required where the vehicle is in such condition that identification numbers are not available to determine ownership. The City Engineer shall direct a registered disposer to remove and dispose of such junk vehicle. The City Engineer shall additionally notify the Washington State Patrol and the Washington Department of Licensing that such vehicle has been wrecked. ordinance No. 1565 Page 60 of 61 10.92.040 ASSESSMENT OF COSTS OF ABATEMENT A. Costs of abatement and removal of junk vehicles shall be a joint and several debt assessable against the registered owner of such vehicle and the record owner of the property from which such vehicle is removed for disposal except as otherwise provided for in this Section. B. Costs of abatement and removal of junk vehicles shall not be assessed against the registered owner of such vehicle if the registered owner has transferred ownership prior to the notice of abatement being mailed, and the registered owner has complied with RCW 46.12.101. C. The record owner of the property from which the vehicle is removed for disposal may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the city shall not assess costs for the removal and disposal of such vehicle against the record owner of the property. 10.92.050 EXCEPTIONS - This Chapter, 9.92, relating to junk vehicles shall not apply to: A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or B. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130. 10.92.060 ALTERNATIVE ABATEMENT - Nothing in this Chapter or other ordinances and regulations of the City shall restrict a private landowners• authority to have vehicles removed under the common law or pursuant to State statutes. 10.92.070 HEARINGS - All hearings required by this Chapter shall be conducted by an Administrative Hearings officer who shall be the Judge, or Judge Pro Tem, of the Port Orchard Municipal court. The decision of the Administrative Hearings officer shall be a final decision. ordinance No. 1565 Page 61 of 61 10.92.080 STATUTES ADOPTED BY REFERENCE - The following statutes of the state of Washington, including all future amendments thereto, are hereby adopted by reference: RCW 46.55.010 Definitions; except that section 4 of RCW 46.55.010 defining junk vehicles is not adopted by reference and is expressly deleted. RCW 46.55.070 Posting Requirements - Exceptions RCW 46.55.080 Law Enforcement Impound - Private Impound RCW 46.55.085 Law Enforcement Impound - Abandoned Vehicle RCW 46.55.090 Storage, Return Requirements - Personal Belongings - Combination Endorsement For Tow Truck Drivers - Viewing Impounded Vehicle RCW 46.55.100 impound Notice - Abandoned vehicle Report - owner Information - Disposition Report RCW 46.55.110 Notice To Legal And Registered owners RCW 46.55.113 Removal By Police officers - When RCW 46.55.120 Redemption of Vehicles - sale of Unredeemed vehicles - Impoundment In Violation of chapter RCW 46.55.130 Notice Requirements - Public Auction - Accumulation of Storage charges RCW 46.55.140 Operators Lien - Deficiency claim - Liability PASSED by the city Council of the city of Port orchard, signed by the mayor and attested by the clerk in authentication of such passage this 28th day of December, 1992.--- ATTESTED TO BY: Patricia Hower, City clerk APPROVED AS TO FORM: City Attorney LESLIE J. WEATHERILL, MAYOR SPONSORED BY: councilman Childress