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1606 - Ordinance - Public Peace, Safety and MoralsRepealed by Ordinance 1724 Date: 05-26-98 ORDINANCE NO. 1606 AMENDED by: 1675 AN ORDINANCE REPEALING AND REPLACING CERTAIN SECTIONS OF Adding to s 1 TITLE NINE RELATING TO PUBLIC PEACE, SAFETY AND MORALS Chapter 9.18.090 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 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, I� WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Cif SECTION 1. That the following Chapters of the Port Orchard "nicipal Code and Sections contained therein and ordinances corresponding thereto be, and the same hereby are repealed: Ordinance No. 1565 SECTION 2.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. 1606 Page 2 of 36 9.02.030 Purposes - Principles of Construction The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.04.020 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, 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, 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. 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. Ordinance No. 1606 Page 3 of 36 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 Definitions The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.04.010 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 General Requirements of Culpability The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.08.010. 9.08.030 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: Ordinance No. 1606 Page 4 of 36 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 actor's liability or on the gravity of his or her offense. 9.08.040 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 actor's liability or on the gravity of his or her offense. 9.08.050 Criminal Liability of Corporations and Persons Acting in Their Behalf The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9.A.08.030 9.08.060 Criminal Attempt The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.28.010 9.08.120 Liability for the Conduct of Another - Complicity The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.08.020 Ordinance No. 1606 Page 5 of 36 9.08.130 Criminal Conspiracy The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.28.040 9.10.010 Intoxication The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.16.010 9.10.020 Insanity The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.12.010 9.10.030 Duress The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.16.010 9.10.040 Entrapment The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.16.070 9.10.050 Lawful Use of Force The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.16.020 9.10.060 Discipline of a Child The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.16.100 Ordinance No. 1606 Page 6 of 36 9.10.080 Reasonable Use of Force for Detention By Shopkeeper The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.16.080 9.12.010 Obstructing a Public Servant. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.76.020 9.12.020 Refusal to summons aid for a peace officer. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.76.030 9.12.030 Resisting arrest. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.76.040 9.12.040 Escape third degree. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.76.010(A); RCW 9A.76.130 9.12.050 False reporting. A) A person is guilty of false reporting if he or she: 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 Ordinance No. 1606 Page 7 of 36 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 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. 9.12.060 Malicious Prosecution The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9.62.010 9.12.070 Bail jumping. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.76.170 9.12.080 Rendering Criminal Assistance Third Degree The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the Ordinance No. 1606 Page 8 of 36 criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.76.050; RCW 9A.76.090 9.12.090 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. 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 Definitions The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 69.50.101; RCW 69.50.102 Ordinance No. 1606 Page 9 of 36 9.14.020 Possession of marijuana. A) It is unlawful for any person to possess marijuana. B) Possession of marijuana is a misdemeanor. 9.14.030 Possession of Drug Paraphernalia The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 69.50.412 9.14.040 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. 9.14.050 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), Ordinance No. 1606 Page 10 of 36 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. 9.14.060 Enhanced Penalties for Violation in a Drug Free Zone. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 69.50.435 9.14.070 Seizure and Forfeiture The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 69.50.505; RCW 69.50.506 9.14.080 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 it 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 Ordinance No. 1606 Page 11 of 36 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; 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 premises 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 9.14.090 Penalties for Violation The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 69.50.425 Ordinance No. 1606 Page 12 of 36 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. 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. Ordinance No. 1606 Page 13 of 36 9.16.040 Reckless Endangerment 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 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: Ordinance No. 1606 Page 14 of 36 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 The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.36.070 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. Ordinance No. 1606 Page 15 of 36 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 Antiharassment Order A) It is unlawful for any person to willfully 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; 4) Restraining any party from interfering with the other party's custody of the children; Ordinance No. 1606 Page 16 of 36 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 2) Touching, caressing, or fondling of the genitals or female breasts; or Ordinance No. 1606 Page 17 of 36 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. B) 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 Ordinance No. 1606 Page 18 of 36 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. 9.20.030 Prostitution The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.88.030 9.20.040 Patronizing a Prostitute The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.88.110. RCW 9A.88.110(2), defining sexual conduct, is not adopted by reference and is expressly deleted. 9.20.050 Prostitution and Patronizing a Prostitute - No Defense The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.88.050 9.20.060 Permitting Prostitution The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.88.090 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. Ordinance No. 1606 Page 19 of 36 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 The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.84.030 9.24.030 Failure to Disperse The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.84.020 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. Ordinance No. 1606 Page 20 of 36 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 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 (56) 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 Ordinance No. 1606 Page 21 of 36 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. 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 Possessing 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. Ordinance No. 1606 Page 22 of 36 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. 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. Ordinance No. 1606 Page 23 of 36 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. 9.28.080 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. 9.28.010 Definitions The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.52.010; RCW 9A.56.010 9.28.020 Criminal Impersonation The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.60.040 9.28.030 Criminal Trespass in the First Degree The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.52.070 Ordinance No. 1606 Page 24 of 36 9.28.040 Criminal Trespass in the Second Degree The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.52.080 9.28.050 Defenses to Criminal Trespass The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.52.090 9.28.060 Malicious Mischief Third Degree A) A person is guilty of malicious mischief third degree if he or she knowingly and maliciously causes physical damage to property, public or private, of another, in the amount of two hundred fifty dollars 4250.00) or less. B) The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.48.100; RCW 9A.48.090(2). 9.28.070 Possession of Stolen Property Third Degree The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.56.140(1); RCW 9A.56.140(2); RCW 9A.56.170 9.28.090 Theft Third Degree The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.56.020; RCW 9A.56.050 9.28.100 Vehicle Prowling The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.52.100 Ordinance No. 1606 Page 25 of 36 9.28.110 Unlawful Issuance of a Bank Check The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.56.060. 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 The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.56.220 9.28.140 Defrauding a Public Utility Third Degree The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW Ordinance No. 1606 Page 26 of 36 9A.61.010; RCW 9A.61.020; RCW 9A.61.050; RCW 9A.61.060; RCW 9A.61.070 9.28.150 Reckless Burning The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.48.050; RCW 9A.48.060 9.28.160 Making or Possessing Burglary Tools The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.52.060 9.28.170 Computer Trespass Second Degree The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.52.120 9.28.180 Obscuring the Identity of a Machine The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9A.56.180 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. 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: Ordinance No. 1606 Page 27 of 36 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 The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9.91.060 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. 1606 Page 28 of 36 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 meanina aiven 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 Ordinance No. 1606 Page 29 of 36 information which is not restricted under the ordinary rules of decency, god morals, public peace, 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. J) "Rubbish" is nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, Ordinance No. 1606 Page 30 of 36 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 is so constructed or loaded as or deposited upon any public place. vehicle within the City unless such to prevent any litter from being blown 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. 1606 Page 31 of 36 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 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. 9.36.010 Definitions A) The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9.41.010 B) "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. C) "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 Ordinance No. 1606 Page 32 of 36 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. D) "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. E) "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. F) "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). G) "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. 9.36.020 Statutes Adopted by Reference The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 9.41.050; RCW 9.41.060; RCW 9.41.070; RCW 9.41.080; RCW 9.41.090; RCW 9.41.093; RCW 9.41.095; RCW 9.41.097; RCW 9.41.098; RCW 9.41.100; RCW 9.41.110; RCW 9.41.120; RCW 9.41.130; RCW 9.41.140; RCW 9.41.150; RCW 9.41.160; RCW 9.41.170; RCW 9.41.230; RCW 9.41.240; RCW 9.41.260; RCW 9.41.270; RCW 9.41.280; RCW 9.41.300. 9.36.130 Unlawful Use of Weapons A) Any person who shall knowingly sell, manufacture, purchase, possess, or carry any blackjack, sand -club, metal knuckles, switchblade knife, throwing stars, gas pen, gas pencil, gas bomb, gas pistol or any device or attachment of any kind designed, used or intended for use in silencing the noise of any firearm shall be guilty of a misdemeanor. B) The Municipal Court may order forfeiture of any weapon identified in this section. Ordinance No. 1606 Page 33 of 36 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, 88.12.080, 88.12.090, 88.12.100, 88.12.110, 88.12.240 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 Orchard's 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 The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the City of Port Orchard as if fully set forth herein: RCW 46.55.010(4) 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 or designated code enforcement 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 those criteria which bring the vehicle under the definition of a junk vehicle. B) Upon request from a Police Officer or designated code enforcement officer presenting the information outlined in Section Ordinance No. 1606 Page 34 of 36 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. 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. Ordinance No. 1606 Page 35 of 36 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. 1606 Page 36 of 36 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 13th day of June, 1994. ATTEST: Patricia Parks, City Clerk APPROVED AS TO FORM: " LESLIE J. WEATHERILL, MAYOR SPONSORED BY: City Attorney Councilman Clauson d NOTICE 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 June 13, 1994. ORDINANCE NO. 1606 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. 1606 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1606 will be provided at a nominal charge. City of Port Orchard Michelle Hager R�O Deputy Clerk Publish: Port Orchard Independent June 22, 1994