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HomeMy WebLinkAbout4850 ORDINANCE NO. fT/~"(~) AN ORDINANCE of the City Council of the City of Bremerton, Washington, Repealing and Replacing Chapter 9.88 of the Bremerton Municipal Code relating to Marijuana, and Repealing and Replacing Title 9A of the Bremerton Municipal Code Relating to Crimes. WHEREAS, the possession of drug paraphernalia is a criminal offense within the State of Washington; and WHEREAS, the current provisions of Chapter 9.88 of the Bremerton Municipal Code relating to Marijuana results in the inability of the City of Bremerton to Charge for Possession of Drag Paraphernalia; and WHEREAS, the current provisions of Title 9A of the Bremerton Municipal Code relating to Crimes have not been updated since 1994; and WHEREAS, the current provisions of Title 9A of the Bremerton Municipal Code ~ relating to Crimes often results in the ineffective enfomement of law; and WHEREAS, the City Council desires to update the provisions relating to criminal offenses in order to more efficiently convict, punish and rehabilitate criminal offenders; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Chapter 9.88 of the Bremerton Municipal Code entitled "Marijuana" is hereby repealed in its entirety and a new Chapter 9.88 entitled "Marijuana" is hereby created to read as follows: Chapter 9.88 MARIJUANA 9.88.010 DEFINITIONS. "Drag Paraphernalia" is defined as currently set forth in RCW 69.50.102, or hereinafter amended. "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. 1 Criminal Code 9.88.020 MARIJUANA POSSESSION. Any person found guilty of possession of forty (40) grams or less of marijuana shall be guilty of a misdemeanor. 9.88.030 POSSESSION OF DRUG PARAPHERNALIA. RCW 69.50.412, with the exception of those provisions contained herein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9.88.040 MISDEMEANOR VIOLATIONS - MINIMUM IMPRISONMENT. A person who is convicted of a misdemeanor violation of BMC 9.88.020 or BMC 9.88.030 shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than two hundred fifty dollars. On a second or subsequent conviction, the fine shall not be less than five hundred dollars. These fines shall be in addition to any other fmc or penalty imposed. Unless the court finds that the imposition of the minimum imprisomem will pose a substantial risk to the defendant's physical or memal well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk Or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended. SECTION2. Title 9A of the Br~nerton Municipal Code entitled "Criminal Code" is hereby repealed in its entirety and a new Title 9A entitled "Criminal Code" is hereby created to read as follows: Title 9A CRIMINAL CODE Chapter 9A.04 GENERAL PROVISIONS 9A.04.010 APPLICATION OF GENERAL PROVISIONS OF THE CODE. The provisions of 9A.04.020 and 9A.04.110 of this chapter are applicable to offenses defined by this title unless this title specifically provides otherwise. 9A.04.020 PURPOSES - PRINCIPLES OF CONSTRUCTION. RCW 9A.04.020, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.04.030 PROOF BEYOND A REASONABLE DOUBT. 2 Criminal Code RCW 9A.04.100 is adopted by reference as currently enacted and as hereinafter amended fxom time to time, and shall be given the same force and effect as if set forth herein in full. 9A.04.040 COMMON LAW TO SUPPLEMENT ORDINANCES. The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of the state, and with the charter and ordinances of the city, shall supplement all ordinances of this title. 9A.04.050 SENDING LETTER. WHEN COMPLETE. RCW 9.01.130 is adopted by reference as currently enacted and as hereinafter amended fi'om time to time, and shall be given the same force and effect as if set forth herein in full. 9A.04.060 DEFINITIONS. RCW 9A.04.110 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.04.070 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 provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable. 9A.04.080 DESIGNATION OF CRIMES (a) Misdemeanor. A misdemeanor is any crime punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. (b) Gross Misdemeanor. A Gross misdemeanor is any crime punishable by a fine of not more than Five thousand dollars ($5,000.00), or by imprisonment for not more than Three Hundred Sixty Five (365) days, or by both such fine and imprisonment. (c) Default penalty. Whenever the performance of any act [or omission] is prohibited by any provision within this criminal code, and no penalty for the violation of such provision is provided, the committing of such act [or omission] shall be a misdemeanor. 9A.04.090 RESERVED. 9A.04.100 ENFORCEMENT. (a) Application. The provisions of this title are applicable to offenses defined by this title or another ordinance, unless this title or such other ordinance specifically provides otherwise. Co) Costs of Prosecution. Whenever anyone is convicted of an offense under any section of this penal code or section of any other city ordinance, in addition to the fine imposed, he may be required to pay the costs ofprosecntion. In default of such payment, he may be imprisoned until such fine is paid or worked out on the basis of twenty-five dollars per each day of imprisonment. 3 Criminal Code 9A.04.110 RESTITUTION. In addition to the penalties provided elsewhere in this title, the court, at the court's discretion, may order the defendant to make restitution to the victim of the ordinance violation. Restitution shall be made by payment of a sufficient sum to the victim to pay the victim for damages and losses caused by the ordinance violation. Such restitution shall be ordered to be paid in a lump sum, forthwith, unless the court finds that the defendant cannot pay the amount in a lump sam, in which case restitution shall be ordered to be paid in installments. A defendant's poverty shall not prevent the court from ordering restitution, provided that the defendant's poverty shall be considered in fixing the amounts of monthly payments. If conditions change, the court may order a change in the amounts of installments or in the frequency of payment of installments. Nothing in this section shall be interpreted as preventing any victim of a crime from prosecuting a civil suit for damages resulting from a violation of this title. 9A.04.120 GENERAL REQUIREMENT OF CULPABILITY. RCW 9A.08.010 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.04.130 LIABILITY OF CONDUCT OF ANOTHER, COMPLICITY. RCW 9A.08.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.04.140 CRIMINAL LIABILITY OF CORPORATIONS AND PERSONS ACTING UNDER A DUTY TO ACT IN THEIR BEHALF. RCW 9A.08.030, with the exception of subsection (5) thereof, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.04.150 OMISSION, VOtEN NOT PUNISHABLE. RCW 9.01.110 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.04.160 PEOPLE CAPABLE OF COMMITTING CRIMES - CHILDREN. RCW 9A.04.050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.04.170 CITIZEN IMMUNITY IF AIDING OFFICER. RCW 9.01.055 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. Chapter 9A.08 DEFENSES 9A.08.010 DEFINITIONS. RCW 9A.16.010 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 4 Criminal Code 9A.08.020 USE OF FORCE - WHEN LAWFUL. RCW 9A.16.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.08.030 DURESS. RCW 9A. 16.060 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.08.040 INSANITY. RCW 9A. 12.010 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.08.050 INTOXICATION. RCW 9A. 16.090 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.08.060 ENTRAPMENT. RCW 9A. 16.070 is adopted by reference as currently enacted and as hereinafter amended fxom time to time, and shall be given the same force and effect as if set forth herein in full. 9A.08.070 ACTION FOR BEING DETAINED ON MERCANTILE ESTABLISHMENT PREMISES FOR INVESTIGATION - REASONABLE GROUNDS AS DEFENSE. RCW 9A. 16.080 is adopted by reference as currently enacted and as hereinafter amended f~om time to time, and shall be given the same rome and effect as if set forth herein in full. 9A.08.080 USE OF FORCE ON CHILDREN - POLICY - ACTIONS RESUMED UNREASONABLE. RCW 9A. 16.100 is adopted by reference as currently enacted and as hereinafter amended from time to tune, and shall be given the same force and effect as if set forth herein in full. Chapter 9A.12 ALCOHOLIC BEVERAGES 9A.12.010 ALCOHOLIC BEVERAGE CONTROL - ENFORCEMENT. The following sections of Chapter 66 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full, and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66, and "this act" shall mean and refer to the Washington State Liquor Act: RCW 66.04.010 Definitions RCW 66.04.011 "Public place" not to include certa'm parks picnic areas RCW 66.08.010 Title liberally construed 5 Criminal Code RCW 66.20.160 "Card of identification", "Licensee", "store employee" defined for certain purposes RCW 66.20.200 Unlawful acts relating to card identification and certification card RCW 66.28.080 Permit for music and dancing upon licensed premises RCW 66.28.090 Licensed premises open for inspection - Failure to allow RCW66.44.010 Local officers to enforce law - Authority of board - Liquor enforcement officers RCW 66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc. RCW 66.44.050 Description of offense in words of statutes - Proof required RCW 66.44.060 Proof of unlawful sale establishes prima facie intent RCW 66.44.070 Certified analysis is prima facie evidence of alcoholic content RCW 66.44.080 Service of process on corporation RCW 66.44.100 Opening or consuming liquor in public places RCW 66.44.130 Sales of liquor by drink or bottle RCW 66.44.150 Buying liquor illegally RCW 66.44.160 Illegal possession, transportation of alcoholic beverages RCW66.44.170 Illegal possession of liquor with intent to sell - Prima facie evidence, what is RCW 66.44.175 Violations of law RCW 66.44.180 Jurisdiction RCW 66.44.200 Sales to persons apparently under the influence of liquor RCW 66.44.210 Obtaining liquor for ineligible person RCW 66.44.240 Drinking in public conveyance - Penalty against cartier RCW 66.44.250 Minor applying for permit RCW 66.44.270 Furnishing liquor to minors - Possession, use RCW 66.44.280 Minor applying for permit RCW 66.44.290 Minor purchasing liquor RCW 66.44.291 Minor purchasing or attempting purchase liquor - Penalty RCW 66.44.300 Treating minor, etc., in public place where liquor sold RCW66.44.310 Minors frequenting tavern Misrepresentation of age Classification of licenses RCW 66.44.316 Musicians eighteen years and older permitted to enter and remain upon licensed premises during employment RCW 66.44.320 Sales of liquor to minors a violation RCW 66.44.325 Unlawful transfer to a minor of an identification of age RCW 66.44.340 Employees eighteen years and over allowed to sell and carry beer and wine for class E and/or F licensed employers RCW 66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for class A, C, D and/9 or H licensed employers RCW 66.44.370 Resisting or opposing officers in enforcement of title 6 Criminal Code Chapter 9A. 16 ANTICIPATORY OFFENSES 9A.16.010 CRIMINAL ATTEMPT. RCW 9A.28.020, with the exception of those provisions contained therein for which a violation constitutes a felony crime are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.16.020 CRIMINAL SOLICITATION. RCW 9A.28.030, with the exception of those provisions contained therein for which a violation constinttes a felony crime is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.16.030 CRIMINAL CONSPIRACY. RCW 9A.28.040, with the exception of those provisions contained therein for which a violation constitutes a felony crime is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. Chapter 9A.20 MINORS 9A.20.010 DEFINITIONS. RCW 13.32A.030 is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.20.020 LEAVING CHILD UNATTENDED IN PARKED AUTOMOBILE. RCW 9.91.060, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same fome and effect as if set forth herein in full. 9A.20.030 SUPPLYING TOBACCO TO MINOR - POSSESSION BY MINOR. It is unlawful for any person to knowingly sell, give, furnish or cause to be furnished to any minor any cigarette, cigar or tobacco in any form or for a minor to possess the same. Every person violating this section shall be guilty of a gross misdemeanor. 9A.20.050 CONTRIBUTING TO DELINQUENCY OF A CHILD. A person is guilty of contributing to the delinquency of a child if, by act or omission, he knowingly causes or encourages a child to commit or otherwise contributes to a child's commission of a delinquent act. 7 Criminal Code 9A.20.060 DISRUPTION OF SCHOOL ACTMTIES - PENALTY. A person is guilty of disruption of school activities if he comes into or remains in any school building, classroom or upon any school ground, or street, sidewalk, or public way adjacent thereto, without lawful reason, and intentionally causes substantial disruption of the activities of the school. 9A.20.070 SEXUAL EXPLOITATION OF CHILDREN The following sections of Chapter 9.68A RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, arc hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given thc same force and effect as if set forth herein in full are adopted by reference: RCW 9.68A. 001 Legislative finding RCW 9.68A.011 Definitions RCW 9.68A.090 Communicating with minor for immoral purposes RCW 9.68A. 105 Additional fee assessment RCW 9.68A.110 Certain defenses barred, permitted RCW 9.68A. 150 Allowing minor on premises of live erotic performance RCW 9.68A. 160 Penalty 9A.20.080 SEXUAL MISCONDUCT WITH A MINOR IN THE SECOND DEGREE. RCW 9A.44.096, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same rome and effect as if set forth herein in full. 9A.20.090 UNLAWFUL HARBORING OF A MINOR The following sections of Chapter 13.32A RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 13.32A.030 Definitions RCW 13.32A.080 Unlawful harboring of a minor -- Penalty -- Defense -- Prosecution of adult for involving child in commission of offense Chapter 9A.24 FIREARMS AND DANGEROUS WEAPONS 9A.24.010 TERMS DEFINED. RCW 9.41.010 is adopted by reference as currently enacted and as hereinafter amended fi:om time to time, and shall be given the same force and effect as if set forth herein in full, together with the following: "Air gun" means the following: air guns, air pistol, air rifle, BB gun and toy guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air or other gas 8 Criminal Code or spring any pellet, dart BB, rock or other hard substance a distance of more than twenty-five feet with sufficient force to break windows or injure persons or animals. 9A.24.020 CARRYING PISTOL. RCW 9.41.050, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.030 EXCEPTION. RCW 9.41.060 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.040 ISSUANCE OF LICENSES TO CARRY. RCW 9.41.070 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.050 DELIVERY TO MINORS AND OTHERS FORBIDDEN. RCW 9.41.080, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth heroin in full. 9A.24.060 SALES REGULATED - APPLICATION TO PURCHASE - GROUNDS FOR DENIAL. RCW 9.41.090 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.070 EXEMPTIONS. RCW 9.41.093 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.080 DENIAL OF APPLICATION - APPEAL. RCW 9.41.095 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.090 FORFEITURE OF FIREARMS, ORDER BY COURTS - RETURN TO OWNER - CONFISCATION BY LAW ENFORCEMENT OFFICER. RCW 9.41.098 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.100 DEALER'S LICENSES, BY WHOM GRANTED AND CONDITION THEREOF - WHOLESALE SALES EXCEPTED - PERMITS PROHIBITED. RCW 9.41.110 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9 Criminal Code 9A.24.110 CERTAIN TRANSFERS FORBIDDEN. RCW 9.41.120 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.120 FALSE INFORMATION FORBIDDEN. RCW 9.41.130, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.130 ALTERATION OF IDENTIFYING MARKS PROHIBITED. RCW 9.41.140, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.140 EXCEPTIONS. RCW 9.41.150 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.150 ALIEN'S LICENSE TO CARRY FIREARMS - EXCEPTION. RCW 9.41.170 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.160 AIMING OR DISCHARGING FIREARMS, OR DISCHARGING EXPLOSIVES PROHIBITED - PENALTY -EXCEPTIONS. (a) It is unlawful for any person to; (1) Aim any gun, pistol, revolver or other firearm whether loaded or not, at or towards any human being or police animal, or willfully discharge any firearm, air gun, or other weapon, or throw any deadly missile in a public place, or in any place where any person or police animal might be endangered thereby, although no injury results; or (2) Fire, discharge, explode or cause to be exploded any object containing gunpowder or other explosive material or fluid, or firecracker in a public place, or in any place where any person or police animal might be endangered thereby. (b) Subsection (a) of this section shall not apply to or effect the following: (1) The aiming or discharge of any firearm, other weapon or explosive described in subsection (a) by a law enforcement officer engaged in the performance of his or her powers or duties; or (2) The aiming or discharge of a firearm, as defined in Section 9A.24.010, or airgun upon a rifle or pistol firing range which has been issued a business license by the City for such purpose; or (3) A firearm or other explosive device described in subsection (a) of this section which is discharged within the City where the person so discharging the same has procured, in addition to any license or permit required under RCW Chapter 70.77, a written permit issued by the chief of police granting such person permission to discharge such firearm or weapon at the 10 Criminal Code time, place, in the manner and for the purpose the permit was issued. Such permit shall not issue unless and until the chief of police finds as fact that: A. Such discharge is essential for the protection of a growing or matured crop, B. The applicant has not been convicted in the state, or elsewhere, of a crime of violence nor of moral turpitude, C. The applicant has a bona fide current permit from the state or from a department of the United States authorizing the applicant to so protect such crop or crops. D. Such discharge can reasonably be accomplished without endangering other persons or property; Such permits may be annual permits which expire on June 30th of each year and upon the payment of a fee therefor in the sum of three dollars, shall be limited to the use of birdshot, shall immediately terminate upon any damage, destruction, or undue hazard to other persons or property, or upon violation of the terms of its issue. A permittee under this chapter violating any condition of such permit, or giving false information in application therefor, shall not again be eligible for a permit. 9A.24.170 USE OF FIREARMS BY MINOR. RCW 9.41.240, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.180 DANGEROUS WEAPONS - EVIDENCE. RCW 9.41.250 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.190 DANGEROUS EXItlBITIONS. RCW 9.41.260 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.200 WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY HARM, CARRYING EXHIBITING, DISPLAYING OR DRAVVING UNLAWFUL - PENALTY - EXCEPTIONS. RCW 9.41.270 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.210 POSSESSING DANGEROUS WEAPONS ON SCHOOL PROPERTY. RCW 9.41.280 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.24.220 WEAPONS PROHIBITED IN CERTAIN PLACES. (a) A weapon is defined as follows: (1) Any firearm; (2) Any dangerous weapon as listed in RCW 9.41.250; (3) Any explosive defmed in RCW 70.74.010; 11 Criminal Code (4) Any devices commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope or other means; (5) Any device commonly known as "throwing stars", which are multi- pointed, metal objects designed to embed upon impact from any aspect; or (6) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas. (b) It is unlawful for any person to enter the following places when he knowingly possesses or knowingly has under his control a weapon: (I) A courtroom or judge's chamber, and areas used in connection with court proceedings, including, jury rooms, court offices, waiting areas, and corridors adjacent to the above areas used in connection with court proceedings. (2) That portion of an establishment classified by the State Liquor Control Board as off-limits to persons under twenty-one years of age. (c) Subsection (a) does not apply to: (1) Law enforcement personnel or (2) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties; or (3) Security personnel while engaged in official duties. (4) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms or collectors or instructors are handled or displayed; (5) Any student or employee of a private military academy when on the property of the academy; (6) Any person while the person is participating in a firearms or air gun competition approved by the school or the school district; (7) Any person who has been issued a license under RCW 9.41.070, while picking up or dropping off a student; (8) Any person legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school; or (9) Any person who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school. (d) Areas connected with court facilities where weapons are prohibited shall be clearly marked and notices posted at each entrance of the court facility that weapons are prohibited in the restricted areas. (e) A stationary locked box shall be provided within the court room building to receive weapons for safekeeping, or the court shall designate an official within the building to receive weapons for safekeeping, during the owner's visit to restricted areas of the court facility. (f) "Weapon - free zone" signs shall be posted around school facilities giving warning of the prohibition of the possession of weapons on school grounds. (g) Any person violating this section is guilty of a misdemeanor. 12 Criminal Code Chapter 9A.28 GAMBLING 9A.28.010 GAMBLING - PROHIBITIONS. The following sections of Chapter 9.46 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9.46.010 Legislative declaration RCW 9.46.020 Definitions RCW 9.46.030 Certain gambling activities authorized RCW 9.46.110 Taxation of gambling activities ~ Limitations - Restrictions RCW 9.46.113 Taxation of gambling activities - Disbursement RCW 9.46.130 Inspection and audit of premises, paraphernalia, books and records - Reports for the commission RCW 9.46.150 Injunctions - Voiding of licenses, permits or certificates RCW9.46.170 False or misleading entries or statements, refusal to produce records, as violations - Penalty RCW 9.46.185 Causing person to violate chapter as violation - Penalty RCW 9.46.190 Violations relating to fraud or deceit - Penalty RCW 9.46.192 Cities and towns - Ordinances enacting certain sections of chapter - Limitations - Penalties RCW 9.46.193 Cities and towns - Ordinances adopting certain sections of chapter - Jurisdiction of courts RCW 9.46.196 Defrauding or cheating other participant or operator as violation - Causing another to do so as violation - Penalty RCW 9.46.198 Working in gambling activity without license as violation - Penalty RCW 9.46.210 Enforcement - Commission as a law enforcement agency RCW 9.46.240 Gambling information, transmitting or receiving as violation - Penalty RCW 9.46.285 Chapter as exclusive authority for licensing and regulation of gambling activities RCW 9.46.310 Licenses for manufacture, sale, distribution or supply of gambling devices. 9A.28.020 GAMBLING - RULES REGARDING. Pursuant to the authority of RCW 35.21.180, the Washington Administrative Code, Chapter 230, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 13 Criminal Code Chapter 9A.32 ASSAULT 9A.32.010 ASSAULT. RCW 9A.36.041 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.020 RECKLESS ENDANGERMENT. RCW 9A.36.050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.030 COERCION. RCW 9A.36.070 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.050 HARASSMENT. RCW 9A.46.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. The following sections of Chapter 9.61 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9.61.230 Defined. RCW 9.61.240 Permitting telephone to be used. RCW 9.61.250 Offense where deerned committed. 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. RCW Chapter 10.99, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. RCW 26.09.300 and RCW Chapters 26.50 and 10.14, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from fane to time, and shall be given the same force and effect as if set forth herein in full. 14 Criminal Code 9A.32.090 CUSTODIAL INTERFERENCE. The following statutes of the State, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.40.070 Custodial interference in the second degree. RCW 9A.40.080 Custodian interference - Assessment of costs - Defense - Consent defense, restricted. 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC. VIOLENCE RCW 9A.46.150 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.110 STALKING. RCW 9A.46.110, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.32.120 CRIMINAL MISTREATMENT. The following sections of Chapter 9A.42 RCW, with the exception of those provisions contained therein from which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: 9A.42.005 Findings and intent -- Christian Science treatment -- Rules of evidence 9A.42.010 Definitions 9A.42.035 Criminal mistreatment in the third degree 9A.42.037 Criminal mistreatment in the fourth degree 9A.42.040 Withdrawal of life support systems 9A.42.045 Palliative care 9A.42.050 Defense of financial inability 9A.42.080 Abandonment of a dependent person in the third degree - Exception 9A.42.090 Abandonment of a dependent person - Defense 9A.42.110 Leaving a child in the care of a sex offender Chapter 9A.36 THEFT AND ROBBERY 9A.36.010 DEFINITIONS. RCW 9A.56.010 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 15 Criminal Code 9A.36.020 THEFT - DEFINED. RCW 9A.56.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.030 THEFT IN THE THIRD DEGREE. RCW 9A.56.050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.040 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS. RCW 9A.56.060, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is hereby adopted by reference as currently enacted and as hereinafter mended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.050 THEFT OF RENTAL PROPERTY RCW 9A.56.096 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.060 SHOPPING CART THEFT. RCW 9A.56.270 is adopted by reference as currently enacted and as hereinafter amended fxom time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.070 THEFT OF CABLE TELEVISION SERVICES. RCW 9A.56.220 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.080 POSSESSING STOLEN PROPERTY - DEFINITIONS, CREDIT CARDS, PRESUMPTION. RCW 9A.56.140 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.090 POSSESSING STOLEN PROPERTY IN THE THIRD DEGREE. RCW 9A.56.170 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.100 RESTORATION OF STOLEN PROPERTY - DUTY OF OFFICERS. RCW 9.54.130 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.110 MALICIOUS MISCHIEF IN THE THIRD DEGREE. RCW 9A.48.090 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 16 Criminal Code 9A.36.120 MALICIOUS MISCHIEF AND PHYSICAL DAMAGE - DEFINED. RCW 9A.48.100(1) is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.130 TRESPASS - DEFINITIONS. RCW 9A.52.010 is adopted by reference as currently enacted and as hereinafter amended fi.om time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.140 CRIMINAL TRESPASS IN THE FIRST DEGREE. RCW 9A. 52.070 is adopted by reference as currently enacted and as hereinafter emended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.150 CRIMINAL TRESPASS IN THE SECOND DEGREE. RCW 9A. 52.080 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the seine force and effect as if set forth herein in full. 9A.36.160 SURVEILING. (a) Defirfitions: (1) "Building shall have the same meaning as in RCW 9A.04.110 as now or hereafter emended. Each room shall constitute a separate building. Restrooms, locker rooms and bedrooms are specifically included in this definition. (2) "Curtilage" shall be within 10 feet from the exterior of the wall of any building, regardless of whether the premises is enclosed. Co) It shall be unlawful for any person to enter or remain in or upon the curtilage of a building or premises of another for the purposes of observing, photographing, videotaping or filming another person, under circumstances where the other person has a reasonable expectation of privacy. (c) Violation of this section shall be a gross misdemeanor. 9A.36.170 CRIMINAL TRESPASS - DEFENSES. RCW 9A. 52.090 is adopted by reference as currently enacted and as hereinafter emended from time to time, and shall be given the seine rome and effect as if set forth herein in full. 9A.36.180 VEHICLE PROWLING. RCW 9A. 52.100 is adopted by reference as currently enacted and as hereinafter emended from time to time, and shall be given the seine force and effect as if set forth herein in full. 9A.36.190 COMPUTER TRESPASS IN THE SECOND DEGREE. RCW 9A.52.120 is adopted by reference as currently enacted and as hereinafter emended from time to time, and shall be given the seine force and effect as if set forth herein in full. 9A.36.200 COMPUTER TRESPASS - COM3{ISSION OF OTHER CRIME. RCW 9A. 52.130 is adopted by reference as currently enacted and as hereinafter emended fi.om time to time, and shall be given the seine force and effect as if set forth herein in full. 17 Criminal Code 9A.36.210 MAKING OR RAVING BURGLARY TOOLS. RCW 9A.52.060 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.220 FAILURE TO PAY FARE - PUBLIC CONVEYANCE. It is unlawful for a person in public to refuse to pay the proper fare in a public conveyance. 9A.36.230 OBSTRUCTING IDENTITY OF MACHINE. RCW 9A.56.180 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.36.240 RECKLESS BURNING IN THE SECOND DEGREE. The following sections of Chapter 9A.48 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended fi.om time to time, and shall be given the same force and effect as if set forth herein in full: RCW 9A.48.010 Definitions RCW 9A.48.050 Reckless burning in the second degree RCW 9A.48.060 Reckless burning -- Defense Chapter 9A.40 OBSTRUCTION OF JUSTICE 9A.40.010 DEFINITIONS. RCW 9A.72.010 and RCW 9A.76.010 are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.020 OBSTRUCTING A LAW ENFORCEMENT OFFICER RCW 9A.76.020 is adopted by reference as currently enacted and as hereinafter amended fi.om time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.030 REFUSING TO SUMMON AID FOR PEACE OFFICER. RCW 9A.76.030 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.040 RESISTING ARREST. RCW 9A.76.040 is adopted by reference as currently enacted and as hereinafter amended fi.om time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.050 FALSE REPORTING. RCW 9A.84.040 is adopted by reference as currently enacted and as hereinafter amended fi.om time to time, and shall be given the same force and effect as if set forth herein in full 18 Criminal Code 9A.40.060 RENDERING CRIMINAL ASSISTANCE - DEFINITION OF TERMS. RCW 9A.76.050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.40.070 RENDERING CRIMINAL ASSISTANCE - RELATIVE DEFINED. RCW 9A.76.060 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.075 RENDERING CRIMINAL ASSISTANCE IN THE SECOND DEGREE. RCW 9A.76.080 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.080 RENDERING CRIMINAL ASSISTANCE IN THE THIRD DEGREE. RCW 9A.76.090 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.090 COMPOUNDING A CRIME. RCW 9A.76.100 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.100 ESCAPE IN THE THIRD DEGREE - PENALTY. RCW 9A.76.130 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.110 BAIL JUMPING. RCW 9A.76.170, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.120 MAKING A FALSE STATEMENT TO A PUBLIC SERVANT. RCW 9A.76.175 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.130 FALSE SWEARING. RCW 9A.72.040 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.40.140 JURY TAMPERING. RCW 9A.72.140 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 19 Criminal Code 9A.40.150 TAMPERING WITH PHYSICAL EVIDENCE. RCW 9A.76.150 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. Chapter 9A.44 PUBLIC DISTURBANCES 9A.44.010 DEFINITIONS. The following definitions are applicable in Sections 9A.44.020 - 9A.44.080, unless the context otherwise requires: (a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a community where good order presides. (b) "Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (c) "Unreasonably disrupts" means to substantially impair the conduct of the meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known. 9A.44.020 DISORDERLY CONDUCT. RCW 9A. 84.030 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.030 FAILURE TO DISPERSE. RCW 9A.84.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, public building or any store open to and used by the public. 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally: (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released form any portion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton-Manette and Warren Avenue Bridges; or (b) Jump, leap or go upon with the intent of jumping or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton- Manette and Warren Avenue Bridges. 20 Criminal Code 9A.44.060 UNLAWFUL BUS CONDUCT. (a) A person is guilty of unlawful bus conduct if, while on or in a municipal transit vehicle and with knowledge that such conduct is prohibited, he or she: (1) Smokes or carries a lighted or smoldering pipe, cigar or cigarette; or (2) Discards litter other than in designated receptacles; or (3) Plays any radio, recorder, or other sound-producing equipment, except that nothing herein shall prohibit use of such equipment when connected to earphones that limit the sound to the individual hsteners or the use of a communication device by an employee of the owner or operator of the municipal transit vehicle; or (4) Spits or expectorates; or (5) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing herein shall prevent a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law. (b) A municipal transit vehicle includes every motor vehicle, street car, train, trolley vehicle, and any other device, which: (1) is capable of being moved within, upon, above or below a public highway; (2) is owned or operated by the Kitsap County Public Transit Authority; and (3) is used for the purpose of carrying passengers, together with incidental baggage and ~eight on a regular schedule. 9A.44.070 LEWD CONDUCT. (a) (1) A person is guilty of lewd conduct if he intentionally performs a lewd act in a public place or at a place and under circumstances where such act could be observed by the public. (2) The owner or operator of premises open to the public is guilty of a misdemeanor if he intentionally permits lewd conduct in a public place under his control. (b) "Lewd act" means: (1) Public exposure of one's genitals, buttocks, or any portion of the female breast below the top of the areola; or (2) Public touching, caressing or fondling of the genitals or female breast; (3) Public urination or defacation in a place other than a washroom or toilet room; or (4) Public masturbation; or (5) Public sexual intercourse. (c) "Public" or "public display" means easily visible from a public thoroughfare or from property of others, or in a public place in manner so obtrusive as to make it difficult for an unwilling person to avoid exposure. (d) This chapter shall not be construed to prohibit: (1) Plays, operas, musicals or other dramatic works which are not obscene; (2) Classes, scmainars and lectures held for scientific or education purposes; (3) Exhibitions or dances which are not obscene. 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A.76.160 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 21 Criminal Code 9A.44.090 RIOT. RCW 9A.84.010 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. Chapter 9A.48 MALICIOUS PROSECUTION - ABUSE OF PROCESS 9A.48.010 MALICIOUS PROSECUTION. RCW 9.62.010, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.48.020 INSTITUTING SUIT IN NAME OF ANOTHER. RCW 9.62.020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.48.030 CRIMINAL IMPERSONATION. RCW 9A.60.040 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. Chapter 9A.52 CONTEMPT 9A.52.010 CONTEMPT. The following sections of Chapters 7.21 RCW and 9.23 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full: RCW 7.21.010 Definitions RCW 7.21.020 Sanctions - Who may impose RCW 7.21.030 Remedial sanctions - Payment for losses RCW 7.21.040 Punitive sanctions -- Fines RCW 7.21.050 Sanctions - Summary imposition -- Proceedure RCW 7.21.060 Administrative or proceedings - Petition to court for imposition of sanctions RCW 7.21.070 Appellate review RCW 9.23.010 Criminal contempt. SECTION2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invahd, such decision shall not affect the vahdity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 22 Criminal Code SECTION $. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the.d_.,q.a~.2_ day of ~ ,200t PASSED by the City Council the ,=~ day of ~ ,200~ CAROL ARENDS, Council President Approved this day of ~ ,2001 CARYe'~OZEMAN, Mayor ATTE),~--~ _ APPROVED AS TO FORM: / ? cYC_ATi-I-L'"E~N~CI~USKEY, Cilgd CI~ 'ROI3ER A. LUBOVICH, Cdl~ttomey EFFECTIVE the //la_t20 day of~~ ,2001 ORDINANCE NO. '-/~'O ~ ' RSLEGAL\Ordinances¥2riminal Ctde Update.doc 23 Criminal Code AI"I~'IDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100049992 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a tree text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: March 31, 2003 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $32.51 amount has not been paid in full. --- ~: x~ '.. = (Signature of Principal Clerk) E iExp. 05-04-04} z E Subscnhe~..a~ ~.w~metelJ~(~5!:~r~. this day of April 3, 2003 ~. '4 ".. .." -~ - Notary Public in and for the State of Washingtun, Kitsap County. ORDINANCE NO. 4850' AN ORDINANCE of the City Council of the City of Bremerton, Washington, Repealing and Replacing Chapter 9.88 of the Bremerton Municipal Code relating to Marijuana, and Repealing and Replacing Title 9A of the Brcmerton Municipal Code Relating to Crimes.- Approved by the City Council the 19th day of March, 2003.- Passed by the City Council the 26th day of March, 2003? The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 9833?? March 31, 2003. · #100049992-