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HomeMy WebLinkAbout01 bremerton0503_supp1SUPPLEMENT DIRECTIONS BREMERTON MUNICIPAL CODE Supplement No. 1 – May 2003 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material which should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes all legislation passed up to and including Ordinance 4851, passed April 9, 2003. Remove these pages Insert these pages — ............................................................... Title Page — .................................................... Publisher’s Note Title 5 Table of Contents .......................... Table of Contents 5.50-1 – 5.50-4 ....................................................... — Title 6 6.32-3 – 6.32-4 .................................. 6.32-3 – 6.32-4 Title 9 9.88-1 ............................................................... 9.88-1 Title 9A Table of Contents .......................... Table of Contents 9A.04-1 – 9A.52-1 ...................... 9A.04-1 – 9A.52-1 Title 18 Table of Contents .......................... Table of Contents — .................................................. 18.06-1 – 18.06-4 Title 21 21.22-17 – 21.22-18 .................. 21.22-17 – 21.22-18 Tables — ............................................................................. 1 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 5/03) Updated by: _______ Dated: ____________ BREMERTON MUNICIPAL CODE A Codification of the General Ordinances of the City of Bremerton, Washington Updated since 2003 by CODE PUBLISHING COMPANY Seattle, Washington PUBLISHER’S NOTE The Bremerton Municipal Code, originally maintained by the city, is being supplemented by Code Publishing Company, starting with Ord. 4848. Citation to the Bremerton Municipal Code: This code should be cited as BMC; i.e., “see BMC 3.08.010”. A BMC title should be cited BMC Title 3. A BMC chapter should be cited Chapter 3.08 BMC. A BMC section should be cited BMC 3.08.010. Through references should be made as BMC 3.08.010 through 3.08.040. Series of sections should be cited as BMC 3.08.010, 3.08.020, and 3.08.030. Numbering system: The number of each section of this code consists of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus BMC 3.08.020 is Title 3, chapter 8, section 20. The section part of the number (.020) initially consists of three digits. This provides a facility for numbering new sections to be inserted between existing sections already consecutively numbered. In most chapters of the BMC, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections so that for a time new sections may be inserted without extension of the section number beyond three digits. Legislation: The legislative source of most sections is enclosed in parentheses at the end of the section. References to ordinances are abbreviated; thus “(Ord. 92-22 § 1, 1992; Ord. 84-19 § 2, 1984)” refers to section 1 of Ordinance No. 92-22 and section 2 of Ordinance No. 84-19. “Formerly” followed by a BMC citation preserves the record of original codification. A semicolon between ordi- nance citations indicates an amendment of the earlier section. Errors or omissions: Although considerable care has been used in the production of this code, it is inevitable in so large a work that there will be errors. As users of this code detect such errors, it is requested that a note citing the section involved and the nature of the error be mailed to: Code Pub- lishing Company, P.O. Box 51164, Seattle, WA 98115-1164, so that correction may be made in a subsequent update. Computer access: The code is available in the following computer formats: ASCII text, Folio infobase or HTML. Direction page: The supplement “directions” page, which should be retained at the front of the book, indicates the ordinance (and passage date thereof) of the last ordinance included with each supplement. CODE PUBLISHING COMPANY Seattle, Washington (206) 527-6831 (Revised 5/03) Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.02 GENERAL BUSINESS LICENSES 5.03 GENERAL PROVISIONS FOR REGULATORY LICENSES 5.04 COMMERCIAL PET FACILITIES, GROOMING PARLORS AND ANIMAL WELFARE FACILITIES 5.10 PAWNBROKERS AND SECONDHAND DEALERS 5.12 CLOSING OUT, REMOVAL AND DISTRESS MERCHANDISE SALES 5.16 TEMPORARY MERCHANTS, PEDDLERS AND MOBILE FOOD VENDORS 5.17 CHARITABLE SOLICITATION 5.20 STREET/SIDEWALK VENDORS 5.22 PUBLIC DANCES 5.25 CHRISTMAS TREE LOTS 5.30 FARMERS MARKET VENDORS 5.36 SPECIAL EVENTS 5.38 THEATERS 5.42 HOTELS/MOTELS 5.46 LIQUOR ESTABLISHMENTS 5.48 SALE AND DISTRIBUTION OF MALT LIQUOR 5.54 TAXICABS 5.60 UTILITIES 5.76 ADVERTISING MATTER 5.80 AMUSEMENT DEVICES 5.84 SOUND EQUIPMENT 5.88 BURGLAR ALARMS 5.96 EROTIC DANCE STUDIOS 5.98 SHUTTLE BUS AND LIMOUSINE SERVICES 5.99 VIOLATION - PENALTY 6.32-3 (Revised 5/03) boundary shall be that permitted into a receiving property wholly within the lowest intensity district in which the sound is measured. (Ord. 4226 §4, 1989; Ord. 3722 §7, 1982) 6.32.060 POSITION OF ADMINISTRATOR ESTABLISHED. (a) Establishment. The position of administrator is hereby established, and shall be the mayor, or his or her designee. The administrator is authorized and directed to administer and enforce the provisions of this chapter. (b) Qualifications of Administrator. The administrator shall be a person having a working knowledge of acoustics and competent in the field of noise control. The administrator shall have completed instructional guidance provided by the State Department of Ecology or other recognized institution to operate Type I and Type II sound-level meters, and make all computations and calculations necessary to enforce this chapter. (c) Duties of Administrator. The duties of the administrator shall include, but are not limited to: (1) Obtaining assistance from other appropriate city departments and officials; (2) Training law enforcement officers and staff; (3) Purchasing measuring instruments and training inspectors in their calibration and use; (4) Establishing a noise-control field procedures manual providing techniques and procedures for measuring or reducing noise to provide for clarification, interpretation and implementation of this chapter; (5) Investigating citizens’ noise complaint; (6) Issuing orders for the reduction or elimination of noise; (7) Assisting citizens and city departments in evaluating and reducing the noise impact of their activities; (8) Assisting city planning officials in evaluating the noise component in planning and zoning actions; (9) Instituting a public education program on noise; and (10) Reviewing at least every three years the provisions of this chapter and recommending revisions consistent with technology to reduce noise. (Ord. 4288 §1, 1990; Ord. 4226 §4, 1989; Ord. 3722 §6, 1982) 6.32.070 VARIANCE PROCEDURE. (a) A person who owns or is in possession of any property or use, or any process or equipment, may make a request for a variance to the Bremerton Planning Commission for relief from any provision of this chapter governing the quality, nature, duration or extent of discharge or noise. The application shall be accompanied by such information and data as the commission may require. The commission shall enforce rules and regulations governing the application for and granting of variances, including hearing and notices. A variance or its renewal shall not be the right of the applicant or holder thereof, but shall be at the reasonable discretion of the Planning Commission. (b) The variance shall not be granted under this section unless the commission has considered the relevant interests of the applicant, other owners of property likely to be affected, and the general public and finds that all the following facts and conditions exist: (1) That there are exceptional or extraordinary circumstances or conditions applying to the applicant’s property, or intended use thereof that do not apply generally to other properties in the same noise control district; (2) That such variance is necessary for the preservation and enjoyment of a substantial person or property right of the applicants possessed by the owners of other properties in the same noise control district; (3) That the authorization of such variance does not endanger public health or safety in the same or adjacent noise control districts; (4) That the granting of such variance will not adversely affect the general policy and purposes of this chapter. (c) In authorizing a variance, conditions regarding noise level, duration, type and other considerations deemed necessary to carry out the policy and purpose of this chapter may by imposed. (Ord. 4226 §5, 1989) 6.32.090 RIGHT TO APPEAL. Any person aggrieved by an order, decision, ruling or interpretation by the administrator may file an appeal in writing with the office of the Bremerton Hearing Examiner pursuant to Chapter 2.62 BMC. (Ord. 4226 §6, 1989; Ord. 4022 §1, 1986; Ord. 3722 §9, 1982) (4547, Amended, 03/28/1996) 6.32.110 PUBLIC DISTURBANCE NOISES. It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow, noise defined in this section. For prosecution under this section, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy including any prosecution for violation of sections regulating environmental noise. The following shall be public disturbance noises: (a) The frequent, repetitive or continuance sound of any horn or siren attached to a motor vehicle, except as a (Revised 5/03) 6.32-4 warning of danger or as specifically permitted or required by law. (b) The creation of frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within District I so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. (c) The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property or the contents therein except as permitted by law, and except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection. (d) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the vehicle itself. (e) Sound from audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source. (f) The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably disturbs the peace, comfort and repose of others. (Ord. 4851 §1, 2003; Ord. 4780, Amended, 11/26/2001; Ord. 4226 §9, 1989) 6.32.115 BELLS, CHIMES OR CARILLONS. The operation of bells, chimes or carillons shall be exempt from the provisions of this chapter. (Ord. 4780, Added, 11/26/2001) 6.32.120 VIOLATIONS - CIVIL PENALTY, CRIMINAL PENALTY. (a) Every offense defined by this chapter or conduct made unlawful hereby shall constitute a civil infraction under the Bremerton Municipal Code; Provided, however, A second violation within a twenty-four (24) hour period shall constitute a misdemeanor. (b) In addition to any other sanction or injunctive procedure which may be available at law or equity, any person failing to comply with the final order issued by the administrator or a police officer shall be subject to a cumulative civil penalty in an amount not to exceed one hundred dollars ($100.00) per day from the date set for compliance until compliance. The civil penalty shall be collected by legal action brought in the name of the City. (c) For enforcement purposes, each day, defined as a twenty-four (24) hour period beginning at 12:01 a.m. in which violation of this chapter occurs, shall constitute a separate violation. (Ord. 4288 §3, 1990; Ord. 4226 §11, 1989) 9.88-1 (Revised 5/03) Chapter 9.88 MARIJUANA Sections: 9.88.010 DEFINITIONS. 9.88.020 MARIJUANA POSSESSION. 9.88.030 POSSESSION OF DRUG PARAPHERNALIA. 9.88.040 MISDEMEANOR VIOLATIONS - MINIMUM IMPRISONMENT. 9.88.010 DEFINITIONS. “Drug 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. (Ord. 4850 §1 (in part), 2003) 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. (Ord. 4850 §1 (in part), 2003) 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. (Ord. 4850 §1 (in part), 2003) 9.88.040 MISDEMEANOR VIOLATIONS - MINIMUM IMPRISONMENT. A person who is convicted of a misdemeanor violation of BMC 9.88.020 or 9.88.030 shall be punished by imprisonment for not less than twenty-four (24) consecutive hours, and by a fine of not less than two hundred fifty dollars ($250.00). On a second or subsequent conviction, the fine shall not be less than five hundred dollars ($500.00). These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty (40) 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. (Ord. 4850 §1 (in part), 2003) (Revised 5/03) Title 9A CRIMINAL CODE Chapters: 9A.04 GENERAL PROVISIONS 9A.08 DEFENSES 9A.12 ALCOHOLIC BEVERAGES 9A.16 ANTICIPATORY OFFENSES 9A.20 MINORS 9A.24 FIREARMS AND DANGEROUS WEAPONS 9A.28 GAMBLING 9A.32 ASSAULT 9A.36 THEFT AND ROBBERY 9A.40 OBSTRUCTION OF JUSTICE 9A.44 PUBLIC DISTURBANCES 9A.48 MALICIOUS PROSECUTION - ABUSE OF PROCESS 9A.52 CONTEMPT 9A.04-1 (Revised 5/03) Chapter 9A.04 GENERAL PROVISIONS Sections: 9A.04.010 APPLICATION OF GENERAL PROVISIONS OF THE CODE. 9A.04.020 PURPOSES - PRINCIPLES OF CONSTRUCTION. 9A.04.030 PROOF BEYOND A REASONABLE DOUBT. 9A.04.040 COMMON LAW TO SUPPLEMENT ORDINANCES. 9A.04.050 SENDING LETTER, WHEN COMPLETE. 9A.04.060 DEFINITIONS. 9A.04.070 SEVERABILITY. 9A.04.080 DESIGNATION OF CRIMES 9A.04.090 RESERVED. 9A.04.100 ENFORCEMENT. 9A.04.110 RESTITUTION. 9A.04.120 GENERAL REQUIREMENT OF CULPABILITY. 9A.04.130 LIABILITY OF CONDUCT OF ANOTHER, COMPLICITY. 9A.04.140 CRIMINAL LIABILITY OF CORPORATIONS AND PERSONS ACTING UNDER A DUTY TO ACT IN THEIR BEHALF. 9A.04.150 OMISSION, WHEN NOT PUNISHABLE. 9A.04.160 PEOPLE CAPABLE OF COMMITTING CRIMES - CHILDREN. 9A.04.170 CITIZEN IMMUNITY IF AIDING OFFICER. 9A.04.010 APPLICATION OF GENERAL PROVISIONS OF THE CODE. The provisions of BMC 9A.04.020 and 9A.04.110 are applicable to offenses defined by this title unless this title specifically provides otherwise. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.04.030 PROOF BEYOND A REASONABLE DOUBT. RCW 9A.04.100 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.04.050 SENDING LETTER, WHEN COMPLETE. RCW 9.01.130 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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), 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), 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. (Ord. 4850 §2 (in part), 2003) (Revised 5/03) 9A.04-2 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. (b) 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 of prosecution. In default of such payment, he may be imprisoned until such fine is paid or worked out on the basis of twenty-five dollars ($25.00) per each day of imprisonment. (Ord. 4850 §2 (in part), 2003) 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 sum, 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.04.150 OMISSION, WHEN 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. (Ord. 4850 §2 (in part), 2003) 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 (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.08-1 (Revised 5/03) Chapter 9A.08 DEFENSES Sections: 9A.08.010 DEFINITIONS. 9A.08.020 USE OF FORCE - WHEN LAWFUL. 9A.08.030 DURESS. 9A.08.040 INSANITY. 9A.08.050 INTOXICATION. 9A.08.060 ENTRAPMENT. 9A.08.070 ACTION FOR BEING DETAINED ON MERCANTILE ESTABLISHMENT PREMISES FOR INVESTIGATION - REASONABLE GROUNDS AS DEFENSE. 9A.08.080 USE OF FORCE ON CHILDREN - POLICY - ACTIONS PRESUMED UNREASONABLE. 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.08.060 ENTRAPMENT. RCW 9A.16.070 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. (Ord. 4850 §2 (in part), 2003) 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 from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.08.080 USE OF FORCE ON CHILDREN - POLICY - ACTIONS PRESUMED UNREASONABLE. RCW 9A.16.100 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. (Ord. 4850 §2 (in part), 2003) 9A.12-1 (Revised 5/03) Chapter 9A.12 ALCOHOLIC BEVERAGES Sections: 9A.12.010 ALCOHOLIC BEVERAGE CONTROL - ENFORCEMENT. 9A.12.010 ALCOHOLIC BEVERAGE CONTROL - ENFORCEMENT. The following sections of RCW Title 66, 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 certain parks picnic areas. RCW 66.08.010 Title liberally construed. 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. RCW 66.44.010 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. RCW 66.44.170 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 carrier. 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 to purchase liquor - Penalty. RCW 66.44.300 Treating minor, etc., in public place where liquor sold. RCW 66.44.310 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/or H licensed employers. RCW 66.44.370 Resisting or opposing officers in enforcement of title. (Ord. 4850 §2 (in part), 2003) 9A.16-1 (Revised 5/03) Chapter 9A.16 ANTICIPATORY OFFENSES Sections: 9A.16.010 CRIMINAL ATTEMPT. 9A.16.020 CRIMINAL SOLICITATION. 9A.16.030 CRIMINAL CONSPIRACY. 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, 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. (Ord. 4850 §2 (in part), 2003) 9A.16.020 CRIMINAL SOLICITATION. RCW 9A.28.030, 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.20-1 (Revised 5/03) Chapter 9A.20 MINORS Sections: 9A.20.010 DEFINITIONS. 9A.20.020 LEAVING CHILD UNATTENDED IN PARKED AUTOMOBILE. 9A.20.030 SUPPLYING TOBACCO TO MINOR - POSSESSION BY MINOR. 9A.20.050 CONTRIBUTING TO DELINQUENCY OF A CHILD. 9A.20.060 DISRUPTION OF SCHOOL ACTIVITIES - PENALTY. 9A.20.070 SEXUAL EXPLOITATION OF CHILDREN. 9A.20.080 SEXUAL MISCONDUCT WITH A MINOR IN THE SECOND DEGREE. 9A.20.090 UNLAWFUL HARBORING OF A MINOR. 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. (Ord. 4850 §2 (in part), 2003) 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 force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.20.060 DISRUPTION OF SCHOOL ACTIVITIES - 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. (Ord. 4850 §2 (in part), 2003) 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, 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 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. (Ord. 4850 §2 (in part), 2003) 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 force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 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. (Revised 5/03) 9A.20-2 RCW 13.32A.080 Unlawful harboring of a minor - Penalty - Defense - Prosecution of adult for involving child in commission of offense. (Ord. 4850 §2 (in part), 2003) 9A.24-1 (Revised 5/03) Chapter 9A.24 FIREARMS AND DANGEROUS WEAPONS Sections: 9A.24.010 TERMS DEFINED. 9A.24.020 CARRYING PISTOL. 9A.24.030 EXCEPTION. 9A.24.040 ISSUANCE OF LICENSES TO CARRY. 9A.24.050 DELIVERY TO MINORS AND OTHERS FORBIDDEN. 9A.24.060 SALES REGULATED - APPLICATION TO PURCHASE - GROUNDS FOR DENIAL. 9A.24.070 EXEMPTIONS. 9A.24.080 DENIAL OF APPLICATION - APPEAL. 9A.24.090 FORFEITURE OF FIREARMS, ORDER BY COURTS - RETURN TO OWNER - CONFISCATION BY LAW ENFORCEMENT OFFICER. 9A.24.100 DEALER’S LICENSES, BY WHOM GRANTED AND CONDITION THEREOF - WHOLESALE SALES EXCEPTED - PERMITS PROHIBITED. 9A.24.110 CERTAIN TRANSFERS FORBIDDEN. 9A.24.120 FALSE INFORMATION FORBIDDEN. 9A.24.130 ALTERATION OF IDENTIFYING MARKS PROHIBITED. 9A.24.140 EXCEPTIONS. 9A.24.150 ALIEN’S LICENSE TO CARRY FIREARMS - EXCEPTION. 9A.24.160 AIMING OR DISCHARGING FIREARMS, OR DISCHARGING EXPLOSIVES PROHIBITED - PENALTY - EXCEPTIONS. 9A.24.170 USE OF FIREARMS BY MINOR. 9A.24.180 DANGEROUS WEAPONS - EVIDENCE. 9A.24.190 DANGEROUS EXHIBITIONS. 9A.24.200 WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY HARM, CARRYING, EXHIBITING, DISPLAYING OR DRAWING UNLAWFUL - PENALTY - EXCEPTIONS. 9A.24.210 POSSESSING DANGEROUS WEAPONS ON SCHOOL PROPERTY. 9A.24.220 WEAPONS PROHIBITED IN CERTAIN PLACES. 9A.24.010 TERMS DEFINED. RCW 9.41.010 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, 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 or spring, any pellet, dart, BB, rock or other hard substance a distance of more than twenty-five (25) feet with sufficient force to break windows or injure persons or animals. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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 herein in full. (Ord. 4850 §2 (in part), 2003) (Revised 5/03) 9A.24-2 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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 affect the following: (1) The aiming or discharge of any firearm, other weapon or explosive described in subsection (a) of this section 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 BMC 9A.24.010, or air gun 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 9A.24-3 (Revised 5/03) discharged within the City where the person so discharging the same has procured, in addition to any license or permit required under Chapter 70.77 RCW, a written permit issued by the chief of police granting such person permission to discharge such firearm or weapon at the 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 ($3.00), 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.24.190 DANGEROUS EXHIBITIONS. 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. (Ord. 4850 §2 (in part), 2003) 9A.24.200 WEAPONS APPARENTLY CAPABLE OF PRODUCING BODILY HARM, CARRYING, EXHIBITING, DISPLAYING OR DRAWING 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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 defined in RCW 70.74.010; (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 multipointed, 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: (1) 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 (21) years of age. (c) Subsection (a) of this section 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; or (Revised 5/03) 9A.24-4 (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; or (5) Any student or employee of a private military academy when on the property of the academy; or (6) Any person while the person is participating in a firearms or air gun competition approved by the school or the school district; or (7) Any person who has been issued a license under RCW 9.41.070, while picking up or dropping off a student; or (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. (Ord. 4850 §2 (in part), 2003) 9A.28-1 (Revised 5/03) Chapter 9A.28 GAMBLING Sections: 9A.28.010 GAMBLING - PROHIBITIONS. 9A.28.020 GAMBLING - RULES REGARDING. 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. RCW 9.46.170 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. (Ord. 4850 §2 (in part), 2003) 9A.28.020 GAMBLING - RULES REGARDING. Pursuant to the authority of RCW 35.21.180, Chapter 230 WAC, 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. (Ord. 4850 §2 (in part), 2003) 9A.32-1 (Revised 5/03) Chapter 9A.32 ASSAULT Sections: 9A.32.010 ASSAULT. 9A.32.020 RECKLESS ENDANGERMENT. 9A.32.030 COERCION. 9A.32.050 HARASSMENT. 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. 9A.32.090 CUSTODIAL INTERFERENCE. 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. 9A.32.110 STALKING. 9A.32.120 CRIMINAL MISTREATMENT. 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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 deemed committed. (Ord. 4850 §2 (in part), 2003) 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. Chapter 10.99 RCW, 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. (Ord. 4850 §2 (in part), 2003) 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. RCW 26.09.300 and Chapters 10.14 and 26.50 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) (Revised 5/03) 9A.32-2 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.36-1 (Revised 5/03) Chapter 9A.36 THEFT AND ROBBERY Sections: 9A.36.010 DEFINITIONS. 9A.36.020 THEFT - DEFINED. 9A.36.030 THEFT IN THE THIRD DEGREE. 9A.36.040 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS. 9A.36.050 THEFT OF RENTAL PROPERTY. 9A.36.060 SHOPPING CART THEFT. 9A.36.070 THEFT OF CABLE TELEVISION SERVICES. 9A.36.080 POSSESSING STOLEN PROPERTY - DEFINITIONS, CREDIT CARDS, PRESUMPTION. 9A.36.090 POSSESSING STOLEN PROPERTY IN THE THIRD DEGREE. 9A.36.100 RESTORATION OF STOLEN PROPERTY - DUTY OF OFFICERS. 9A.36.110 MALICIOUS MISCHIEF IN THE THIRD DEGREE. 9A.36.120 MALICIOUS MISCHIEF AND PHYSICAL DAMAGE - DEFINED. 9A.36.130 TRESPASS - DEFINITIONS. 9A.36.140 CRIMINAL TRESPASS IN THE FIRST DEGREE. 9A.36.150 CRIMINAL TRESPASS IN THE SECOND DEGREE. 9A.36.160 SURVEILING. 9A.36.170 CRIMINAL TRESPASS - DEFENSES. 9A.36.180 VEHICLE PROWLING. 9A.36.190 COMPUTER TRESPASS IN THE SECOND DEGREE. 9A.36.200 COMPUTER TRESPASS - COMMISSION OF OTHER CRIME. 9A.36.210 MAKING OR HAVING BURGLARY TOOLS. 9A.36.220 FAILURE TO PAY FARE - PUBLIC CONVEYANCE. 9A.36.230 OBSTRUCTING IDENTITY OF MACHINE. 9A.36.240 RECKLESS BURNING IN THE SECOND DEGREE. 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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 amended from time to time, and shall be given the same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.36.060 SHOPPING CART THEFT. RCW 9A.56.270 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) (Revised 5/03) 9A.36-2 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.36.130 TRESPASS - DEFINITIONS. RCW 9A.52.010 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. (Ord. 4850 §2 (in part), 2003) 9A.36.140 CRIMINAL TRESPASS IN THE FIRST DEGREE. RCW 9A.52.070 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. (Ord. 4850 §2 (in part), 2003) 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 same force and effect as if set forth herein in full. (Ord. 4850 §2 (in part), 2003) 9A.36.160 SURVEILING. (a) Definitions: (1) “Building” shall have the same meaning as in RCW 9A.04.110 as now or hereafter amended. Each room shall constitute a separate building. Restrooms, locker rooms and bedrooms are specifically included in this definition. (2) “Curtilage” shall be within ten (10) feet from the exterior of the wall of any building, regardless of whether the premises is enclosed. (b) 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. (Ord. 4850 §2 (in part), 2003) 9A.36.170 CRIMINAL TRESPASS - DEFENSES. RCW 9A.52.090 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. (Ord. 4850 §2 (in part), 2003) 9A.36.180 VEHICLE PROWLING. RCW 9A.52.100 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. (Ord. 4850 §2 (in part), 2003) 9A.36.190 COMPUTER TRESPASS IN THE SECOND DEGREE. RCW 9A.52.120 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. (Ord. 4850 §2 (in part), 2003) 9A.36.200 COMPUTER TRESPASS - COMMISSION OF OTHER CRIME. RCW 9A.52.130 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. (Ord. 4850 §2 (in part), 2003) 9A.36.210 MAKING OR HAVING 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.36-3 (Revised 5/03) 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. (Ord. 4850 §2 (in part), 2003) 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 from 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. (Ord. 4850 §2 (in part), 2003) 9A.40-1 (Revised 5/03) Chapter 9A.40 OBSTRUCTION OF JUSTICE Sections: 9A.40.010 DEFINITIONS. 9A.40.020 OBSTRUCTING A LAW ENFORCEMENT OFFICER. 9A.40.030 REFUSING TO SUMMON AID FOR PEACE OFFICER. 9A.40.040 RESISTING ARREST. 9A.40.050 FALSE REPORTING. 9A.40.060 RENDERING CRIMINAL ASSISTANCE - DEFINITION OF TERMS. 9A.40.070 RENDERING CRIMINAL ASSISTANCE - RELATIVE DEFINED. 9A.40.075 RENDERING CRIMINAL ASSISTANCE IN THE SECOND DEGREE. 9A.40.080 RENDERING CRIMINAL ASSISTANCE IN THE THIRD DEGREE. 9A.40.090 COMPOUNDING A CRIME. 9A.40.100 ESCAPE IN THE THIRD DEGREE - PENALTY. 9A.40.110 BAIL JUMPING. 9A.40.120 MAKING A FALSE STATEMENT TO A PUBLIC SERVANT. 9A.40.130 FALSE SWEARING. 9A.40.140 JURY TAMPERING. 9A.40.150 TAMPERING WITH PHYSICAL EVIDENCE. 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. (Ord. 4850 §2 (in part), 2003) 9A.40.020 OBSTRUCTING A LAW ENFORCEMENT OFFICER. RCW 9A.76.020 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.40.040 RESISTING ARREST. RCW 9A.76.040 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. (Ord. 4850 §2 (in part), 2003) 9A.40.050 FALSE REPORTING. RCW 9A.84.040 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. (Ord. 4850 §2 (in part), 2003) 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 (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) (Revised 5/03) 9A.40-2 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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, 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.44-1 (Revised 5/03) Chapter 9A.44 PUBLIC DISTURBANCES Sections: 9A.44.010 DEFINITIONS. 9A.44.020 DISORDERLY CONDUCT. 9A.44.030 FAILURE TO DISPERSE. 9A.44.040 EXPECTORATING. 9A.44.050 MISCHIEF ON BRIDGES. 9A.44.060 UNLAWFUL BUS CONDUCT. 9A.44.070 LEWD CONDUCT. 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. 9A.44.090 RIOT. 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A.44.020 through 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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 from 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. (Ord. 4850 §2 (in part), 2003) 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 listeners 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 freight on a regular schedule. (Ord. 4850 §2 (in part), 2003) 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: (Revised 5/03) 9A.44-2 (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; or (3) Public urination or defecation 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, seminars and lectures held for scientific or education purposes; (3) Exhibitions or dances which are not obscene. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.48-1 (Revised 5/03) Chapter 9A.48 MALICIOUS PROSECUTION - ABUSE OF PROCESS Sections: 9A.48.010 MALICIOUS PROSECUTION. 9A.48.020 INSTITUTING SUIT IN NAME OF ANOTHER. 9A.48.030 CRIMINAL IMPERSONATION. 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 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. (Ord. 4850 §2 (in part), 2003) 9A.52-1 (Revised 5/03) Chapter 9A.52 CONTEMPT Sections: 9A.52.010 CONTEMPT. 9A.52.010 CONTEMPT. The following sections of Chapters 7.21 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 - Procedure. 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. (Ord. 4850 §2 (in part), 2003) (Revised 5/03) Title 18 FIRE Chapters: 18.02 CITY FIRE CODE 18.03 EXISTING MULTI-FAMILY REQUIREMENTS 18.06 AMBULANCE SERVICES 18.08 OUTDOOR FIRES 18.06-1 (Revised 5/03) Chapter 18.06 AMBULANCE SERVICES Sections: 18.06.010 DEFINITIONS. 18.06.020 APPLICABILITY. 18.06.030 LICENSE REQUIRED - APPLICATION. 18.06.040 INSURANCE. 18.06.050 AMBULANCES AND EQUIPMENT. 18.06.060 PERFORMANCE STANDARDS - COMPLIANCE - RECORDS. 18.06.070 EMERGENCY NOTIFICATION. 18.06.080 RESPONSE TO 911 INITIATED AID CALLS. 18.06.090 MUTUAL AID. 18.06.100 RATES - FILING REQUIRED. 18.06.110 DENIAL OR REVOCATION OF LICENSE. 18.06.120 VIOLATION - PENALTY. 18.06.010 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply: (1) “Advanced life support (ALS)” means those services requiring medical treatment by a certified paramedic. (2) “Aid call” means any 911 initiated call, request or dispatch for emergency medical treatment. (3) “Ambulance” means any privately or publicly owned ground transportation vehicle that is especially designed, constructed, equipped, maintained or used for the transportation of patients who are sick, injured or otherwise incapacitated, which is operated as part of an ambulance service. (4) “Ambulance service” means any person, as defined in this section, who operates an ambulance for hire which is either stationed within or without the City or dispatched from within or without the City to pick up injured or sick fares within the City or which makes trips to the City, from points outside its City limits, for the purpose of transporting sick or injured fares from points within the City; Provided, however, That the provision of this chapter shall not apply to any ambulance which shall pass through the City in the delivery of fares picked up at points beyond the limits of the City. (5) “Basic life support (BLS)” means those medical services which can be performed by one who is a certified emergency medical technician. (6) “Cencom (911)” means the Central Communication Emergency Dispatch Center. (7) “Communication system” means two-way radio communications equipment necessary for communication between ambulances, dispatchers, hospitals and other agencies as needed, including those with a four (4) band multifrequency capability. (8) “Department” means City of Bremerton Fire Department. (9) “Emergency” means a situation or patient condition (i) in which either of the administration of a drug (except oxygen) or initiation of an intravenous line is performed; or (ii) in which a person requesting ambulance assistance requires immediate response by medically trained personnel; or (iii) which an EMT would assess, in the interest of good patient care, to require the assistance of at least a paramedic certified pursuant to Chapter 18.71 RCW and regulations promulgated thereunder. (10) “Emergency medical technician (EMT)” means a person who is certified as such by the Secretary, pursuant to Chapter 18.73 RCW and regulations promulgated thereunder. (11) “Mutual aid” refers to situations in which a licensed nonemergency BLS ambulance service is required, as determined by the Department, to make ambulances and personnel available for emergency response under the City’s direction. (12) “Patient” means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. (13) “Person” means any individual, firm, partnership, association, corporation, company, or group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. (14) “Secretary” means the Secretary of the Department of Health of the State of Washington. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.010) 18.06.020 APPLICABILITY. (a) The provisions of this chapter shall apply to nonemergency BLS ambulance services operating within the City of Bremerton limits. (b) Ambulance services providing ALS and BLS interfacility transports shall follow the guidelines established under Chapter 18.71 RCW, Kitsap County EMS Council and Kitsap County Medical Program Director. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.020) 18.06.030 LICENSE REQUIRED - APPLICATION. (a) No person, firm, or corporation shall operate or cause to be operated an ambulance or ambulance service within the City without first obtaining a Washington State verification and license in addition to a City business license. No person, firm, or corporation, other than the (Revised 5/03) 18.06-2 Department, shall operate or cause to be operated emergency ALS ambulance service within the City limits, except as provided in BMC 18.06.090. (b) An application for a business license to operate an ambulance or ambulance service shall contain the following information: (1) A description of each ambulance, including the make, model, year of manufacture, motor chassis and VIN number, together with current state license number, the length of time the ambulance has been in use and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant’s ambulance. (2) The location and description of the place or places from which the ambulance service is intended to operate and the number of licensed EMTs to be initially employed. (3) In the event that the applicant is granted a license, the applicant shall be required to immediately update its application when there is a change in any of the items listed on the application. The failure of the license holder to update its application upon a change in any of the required items will result in a violation of this chapter. (c) Upon receiving an application and the fee, the City Clerk shall forward the application to the Fire Chief for review and approval. No license shall be issued unless the Fire Chief is satisfied, pursuant to policies duly adopted, that (1) the applicant is properly certified by the State; (2) the applicant’s facilities, ambulances, and equipment meet State and local standards; (3) employees of applicant are EMT certified and in good standing; (4) a record check of the applicant and its employees shows no criminal convictions within five (5) years prior to the date of application of federal, state or local laws involving the custody of incapacitated persons, the custody of narcotic or controlled substances, or the use of motor vehicles; (5) the applicant has fulfilled all the requirements of the laws of the state, including, but not limited to, Chapter 18.73 RCW and Chapter 248-17 WAC, as those chapters currently exist or are hereafter amended, pertaining to emergency medical care and transportation services and ambulance rules and regulations; (6) the applicant has met all the requirements of this chapter; (7) all personnel employed by the applicant are state certified and have regular emergency vehicle driving training. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.030) 18.06.040 INSURANCE. Each ambulance service shall obtain from a reputable insurance company and, at all times, maintain in full force the following insurance in the amount of not less than one million dollars ($1,000,000) each: (1) comprehensive general liability, (2) automobile liability for all vehicles, and (3) professional liability. Applicant shall provide an insurance certificate to this effect, naming the City of Bremerton as an additional insured on the comprehensive general liability and automobile liability policies prior to the issuance of a business license. Such policies shall also provide for not less than thirty (30) days’ written notice to the City Clerk of intended cancellation of coverage. The cancellation and/or termination of any such policy shall automatically revoke and terminate any business license issued for the ambulance service, unless a substitute insurance policy complying with the provisions of this section shall be provided and be in effect at or prior to the time of such cancellation or termination. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.040) 18.06.050 AMBULANCES AND EQUIPMENT. (a) Ambulances shall be maintained and inspected pursuant to requirements from time to time adopted by the Secretary. All ambulance services shall provide the Department with copies of reports of inspection submitted to the Secretary pursuant to RCW 18.73.145. (b) Inspection by the City: In addition to any other inspection required by state law, the Department shall inspect the records, equipment, and accessories of all ambulance services up to twice annually at the discretion of the Department. Additionally, the Department shall conduct individual inspections of an ambulance service within three (3) days of the receipt of any complaint about the ambulance service. Notwithstanding the above required inspections or any other provision of this chapter, the Department may, at all reasonable times, inspect the records, equipment and accessories of any ambulance service. (c) The ambulance service shall pay an inspection fee for each inspection required under this chapter and further shall pay an inspection fee as set forth in Chapter 3.01 BMC for each inspection prompted by complaint; Provided, however, That no complaint-prompted inspection fee shall be paid where the Chief of the Department has determined the complaint to be unwarranted and without substantial merit. All inspection fees shall be prepaid to the City Treasurer. Proof of payment must be provided before inspections commence. Any deficiencies identified during inspection shall be remedied within thirty (30) days or the ambulance service business license shall be subject to revocation. (d) All ambulances and equipment storage and cleaning areas shall be subject to inspection by the Department, during operating hours, to ensure that they are maintained in a clean and functional state. Disinfection or chemical sterilization of reusable equipment must meet guidelines established by the National Center for Disease Control. (e) Each ambulance service shall take immediate action to eliminate any unsanitary condition upon 18.06-3 (Revised 5/03) becoming aware of such and shall immediately correct any unsafe situation as directed by the Fire Chief or the Secretary by written notice. (f) Ambulances shall not be used without the minimum equipment prescribed by the Secretary. In the event a variance from said requirements is granted by the State, the licensee must notify the Department of the variance granted. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.080) 18.06.060 PERFORMANCE STANDARDS - COMPLIANCE - RECORDS. (a) All services performed hereunder shall be in accordance with the standards and principles of the course of instruction given EMTs or paramedics, as the case may be, by the State, and pursuant to local medical protocols established from time to time by the Kitsap County Medical Program Director. (b) Records of 911 initiated calls shall be logged by ambulance crews and shall include the appearance and status of and treatment administered to injured, sick, or incapacitated persons treated or transported. Copies of such records shall be mailed or otherwise delivered to the Kitsap County EMS Office on a monthly basis, or more often if requested for good cause. Subject to the requirements of the State Public Disclosure Act, such records shall be confidential and shall be released only to proper officials of the City or Kitsap County EMS Office. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.090) 18.06.070 EMERGENCY NOTIFICATION. In the event a call for emergency medical assistance is received by an ambulance service or a representative thereof, the caller shall be directed to call Cencom (9-1-1) and the ambulance service representative shall also call Cencom (9-1-1). (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.100) 18.06.080 RESPONSE TO 911 INITIATED AID CALLS. (a) At each aid call to which a Department ambulance responds, the Department officer in charge shall determine whether the patient is in need of advanced life support (ALS) or basic life support (BLS) services. If the officer decides that the patient is in need of advanced life support services, the patient shall be transported to a hospital in a Department ambulance if available. Provided, however, If the patient’s medical interests would be best served by transporting the patient by private ambulance, the officer in charge may arrange for the patient to be transported in that manner. (b) No effort shall be made by an ambulance service to assume the custody of a patient before release of custody has been made by the Department officer in charge. (c) It is unlawful for an ambulance service, in responding by vehicle to any call requested by the Department, to use emergency lighting or siren, unless (1) responding to emergencies or transporting a patient in accordance with the mutual aid provisions of this chapter or (2) directed to do so by Department. (d) In the event there is more than one ambulance service operating in the City which seeks to participate in the 911 aid calls, a representative and/or representatives from each ambulance service shall meet and devise a rotation schedule that shall be submitted to the City Clerk. Said schedule shall: (1) provide for only one company to respond to 911 initiated aid calls during any given month; (2) include a twelve (12) month rotation; (3) be amended only upon thirty (30) day notification to the City Clerk; and (4) provide for substitution by other ambulance service companies in the rotation under circumstances where an ambulance service has no ambulances available to provide service during its rotation. In the event a schedule is not submitted, the City Clerk shall prepare a rotation schedule that shall control the assignment of 911 aid calls to ambulance services licensed under this chapter. (e) Each ambulance service shall keep available an adequate supply of ambulances, personnel and equipment which will enable it to respond to a 911 call for assistance within ten (10) minutes of the time of the request ninety percent (90%) of the time, and within fifteen (15) minutes the remainder of the time. Response times shall be measured from the time of request for service is made from Cencom until the ambulance service arrives at the scene. The ambulance service shall submit monthly reports at the conclusion of its rotation stating response times for all emergency calls served during its rotation. (f) In the event that the ambulance service has no ambulances available for emergency calls during its rotation, the ambulance service shall immediately advise the Department and Cencom of such conditions, and shall further advise that the ambulance service is unavailable to respond to any emergency until further notification. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.110) 18.06.090 MUTUAL AID. (a) Each ambulance service shall cooperate with any request by the Department for mutual aid assistance within Kitsap County. (b) Each ambulance service shall equip its vehicles with radios capable of receiving and transmitting on City and County Fire Department frequencies, which frequencies shall be used by licensees only in the event of a request for service or a mutual aid situation described herein. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.120) (Revised 5/03) 18.06-4 18.06.100 RATES - FILING REQUIRED. Each ambulance service shall file and keep on file with the City Clerk its current schedule of rates to be charged for services. Such schedule or rates shall be a matter of public record open to public inspection in the City Clerk’s office during normal city business hours and such schedule must be adhered to by the licensee throughout the period for which the license is issued. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.130) 18.06.110 DENIAL OR REVOCATION OF LICENSE. Any application for a business license and any business license issued pursuant to Chapter 5.02 BMC may be denied or revoked for a violation of the provisions of this chapter pursuant to the procedures set forth in Chapter 5.02 BMC relating to the denial and revocation of general business licenses. (Ord. 4848 §1 (in part), 2003) 18.06.120 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 4848 §1 (in part), 2003; Ord. 4367 (in part), 1992. Formerly 5.50.140) 21.22-17 (Revised 5/03) the stream corridor buffer. (7) The Washington Departments of Wildlife and Fisheries have authority over all projects in state waters which impact fish. Construction in state waters is governed by Chapter 75.20 RCW, Construction Projects in State Waters. (Ord. 4476 §4, 1994; Ord. 4422 §1 (in part), 1993) 21.22.240 EXTRAORDINARY HARDSHIP TEST. An extraordinary hardship exists when the standards of this chapter deny all reasonable economic use of the property. Diminished value shall not be considered an extraordinary hardship. To demonstrate extraordinary hardship, the applicant must demonstrate the following: (a) There is no reasonable economic use or value with less impact on the wetland or stream; (b) There are no feasible on-site alternatives to the proposed activity or use (e.g., reduction in density or use intensity, scope or size, change in timing, phasing or implementation, layout revision or other site planning considerations) that would allow reasonable economic use with less adverse impact; (c) The proposed activity or use will be mitigated to the maximum extent possible and result in minimum feasible alteration or impairment of functional characteristics of the site, including contours, vegetation, fish and wildlife habitat, groundwater, surface water and hydrological conditions; (d) The proposed activity or use complies with all local, state, and federal laws and will not jeopardize the continued existence of endangered, threatened, sensitive or priority habitat or species; and (e) The inability to derive reasonable economic use is not the result of actions by the applicant in segregating or dividing the property in a way that makes the property unable to be developed after the effective date of the ordinance codified in this chapter. (Ord. 4849 §1, 2003; Ord. 4422 §1 (in part), 1993) 21.22.250 PUBLIC INTEREST. In determining whether a proposed use or activity in any wetland or stream is in the public interest, the public benefit of the proposal and the impact to the wetland or stream must be evaluated by the Director. The proposal is in the public interest if its benefit to the public exceeds its detrimental impact on the wetland or stream. In comparing the proposal’s public benefit and impact, the following should be considered: (a) The extent of the public need and benefit; (b) The extent and permanence of the beneficial or detrimental effects of the use or activity; (c) The quality and quantity of the wetland or stream that may be affected; (d) The ecological value of the wetland or stream; (e) Probable impact on public health and safety, fish, plants, and wildlife; and (f) The policies of the Land Use Management Plan. (Ord. 4422 §1 (in part), 1993) 21.22.260 MITIGATION PROCEDURES. (a) General: (1) The first underlying measure of wetland and stream protection is to avoid impacts. The next measure is to minimize impacts where possible by limiting the magnitude or scope of the development or use. The final measure of protection is to mitigate or compensate for impacts. This can be accomplished through creation, enhancement or restoration of the wetland or stream. However, the Director may allow compensation rather than avoidance when the applicant demonstrates that compensation would be the preferable environmental alternative. (2) As provided in Subparagraph 1 above, the creation, enhancement or restoration to compensate for a degraded or destroyed stream or wetland may be an alternative as stated in the standards set forth in BMC 21.22.230, and may be used to compensate for losses. The new, enhanced or restored wetland shall recreate as nearly as possible the original wetland in terms of functions, value, geographic location, and setting as provided in Subsection (b) hereof. The goal of the compensation alternative shall be no net loss of wetland function. Where possible, compensation shall be completed prior to wetland or stream corridor destruction. (3) Creation, enhancement or restoration alternatives should be undertaken on or adjacent to the site where permanent losses have been sustained or, where enhancement or restoration of a former wetland is possible, within the same drainage basin. Replacement in kind of the impacted stream or wetland will be the preferred alternative for creation, enhancement or restoration efforts. The Director may accept or recommend creation, enhancement or restoration which is not in-kind, is off-site, and/or is monetary compensation as provided for in this section as an alternative proposal, if the applicant can demonstrate that in-kind and/or on-site creation, enhancement or restoration is infeasible due to constraints such as parcel size, stream or wetland type; that a wetland of a different type or location is justified based on regional needs or functions and value; or that on- site compensation is not desirable. Where feasible, created, enhanced or restored wetlands shall be of a higher type than the altered wetland. Compensation areas shall be determined according to the altered wetland’s function, acreage, type, location, self-sustaining abilities and the amount of time required for the created, enhanced or restored wetland to become a functioning wetland. (4) Compensation shall not be required for the construction of new storm water system facilities, except (Revised 5/03) 21.22-18 for transmission systems not related to the wetland or stream being impacted. (b) Replacement Guidelines: (1) Wetlands and stream corridors with riparian habitats shall be replaced in accordance with their classification at a minimum ratio of 1:1 for functional value. This ratio of replacement may be increased based upon the following criteria: i. If it has been determined that the probable success of the replacement wetland is uncertain; ii. The compensation project is proposed off-site; or iii. If there is a significant period of time between destruction and replication of wetland functions. (2) Applicants proposing restoration or enhancement as an alternative to replace wetland loss shall identify how the wetland restoration or enhancement conforms to the overall goals and requirements of this chapter. Wetland restoration and enhancement proposals shall meet the following criteria: i. The restoration or enhancement for one function and value shall not degrade another function or value; ii. The restoration and enhancement ratios shall also be 1:1 for functional value. The functional value of the restored or enhanced wetland shall be equal to or greater than the functional value of the wetland altered plus the functional value of the restored or enhanced wetland prior to restoration or enhancement. (3) The Director may allow the applicant to contribute a fee in lieu of compensation for loss of type III or IV wetlands, the total areas of which do not exceed one acre, to a fund to mitigate for wetland loss. The Director shall set reasonable fees for monetary compensation of stream or wetland loss. Fees shall be based upon the price of land acquisition plus 125 percent of the amount that would be required to perform off-site, in-kind compensation in accordance with the replacement guidelines set forth in Subsection (b)(1) hereof and monitoring requirements in Subsection (e) hereof. Such fees shall be held in a designated mitigation bank fund for the express use of ongoing wetland acquisition, creation, enhancement or restoration projects and shall not be commingled with other funds. Dedication of land containing wetlands or streams may substitute for monetary compensation, but only to the extent that such dedication would provide the City with increased value because of access, control and protection provided by public ownership or to the extent that such dedicated land could be improved under the provisions of this chapter (see BMC 21.22.170). Provisions for access must be included with any dedication of land. (c) Mitigation Plan Requirements: In the event that creation, enhancement or restoration as a form of compensation is chosen for mitigation, the applicant or violator shall provide a wetland or stream mitigation plan for approval. The plan shall provide information on land acquisition, construction, maintenance and monitoring of the created, enhanced or restored wetland or stream that recreates as nearly as possible the original wetland or stream in terms of function, geographic location and setting. All mitigation plans shall be prepared by a wetlands specialist, submitted by the applicant, and contain the following information: (1) Data collected and synthesized for the newly created, enhanced or restored site; (2) Specific goals and objectives describing site function, target species and selection criteria; (3) Performance standards which shall include criteria for assessing goals and objectives; (4) Contingency plans which clearly define course of action or corrective measures needed if performance standards are not met; (5) A legal description and a survey prepared by a licensed surveyor of the proposed development site and location of the wetland or stream on the site; (6) A scaled plot plan indicating the proposed construction location, zoning setback requirements, and sequence of construction phases. The plan also shall include cross-sectional details, topographic survey data (including percent slope and existing and finished grade elevations) and other technical information, as required, in sufficient detail to explain, illustrate and provide for: i. Soil and substrate conditions, topographic elevations, scope of grading proposal, and erosion and sediment treatment and source controls needed for wetland or stream construction and maintenance; ii. Planting plans specifying plant species, types, quantities, locations, sizes, and spacing; the planting season or timing; watering schedule; nutrient requirements for planting and, where appropriate, measures to protect plants from destruction; iii. Water-quality parameters; turbidity class and criteria for water quality as set forth in WAC 173-201, Water Quality Standards for Surface Waters of the State of Washington, during construction and after completion; water source; water depths; water control measures and water level maintenance practices needed to achieve the necessary ambient water conditions; and hydrocycle or hydroperiod characteristics; iv. Contingency or mid-course corrections plan; and v. A monitoring plan, for a period of not less than three years, which establishes responsibility for removal of exotic and nuisance vegetation and for permanent establishment of the wetland or stream and all its component parts; (7) A clearly defined approach to assess Tables-1 (Revised 5/03) Ordinance Table Information on the disposition of ordinances prior to 4848 can be found in the office of the city clerk. Number Subject 4848 Recodifies Chapter 5.50 as Chapter 18.06, ambulance services (18.06) 4849 Amends § 21.22.240, critical lands ordinance (21.22) 4850 Repeals and replaces Chapter 9.88 and Title 9A, criminal code (9.88, 9A.04, 9A.08, 9A.12, 9A.16, 9A.20, 9A.24, 9A.28, 9A.32, 9A.36, 9A.40, 9A.44, 9A.48, 9A.52) 4851 Amends § 6.32.110, noise levels (6.32)