HomeMy WebLinkAbout5682 ORDINANCE NO. 5 6 8 2
AN ORDINANCE of the City Council of the City of Auburn,
Washington, repealing the current provisions of Title 9 of the
Auburn City Code, replacing these provisions with a new
Title 9 of the Auburn City Code, relating to Public Peace,
Morals and Welfare
WHEREAS, among the responsibilities imposed on the City of Auburn are those
involving enforcement of ordinances proscribing violations of criminal laws adopted as a
part of the Auburn City Code; and,
WHEREAS, there are a number of areas of criminal conduct regulations that the
City addresses in its criminal codes to protect its citizens and to provide for safety and
security of its citizens, and to meet specific needs of the City; and,
WHEREAS, in addition to those specific and unique areas of criminal conduct
regulations, many of the criminal offenses that would be appropriate for inclusion in
municipal criminal codes are offenses already set forth in statutes of the State of
Washington, with the language of those statutes adequately describing the conduct to
be prohibited in a way that meets the needs of the City; and,
WHEREAS, it would be advantageous for as many of the areas of criminal
conduct that the City is responsible for enforcing as reasonably possible to be similar to
and consistent with those criminal code provisions in the State law used by law
enforcement officers across the state, to the extent that they meet they needs of the
City; and,
WHEREAS, in order to include such criminal code provisions in the City's
criminal code, it would be appropriate for the City to adopt the pertinent provisions of
the State statutes by reference, along with those provisions more specific and unique to
the City of Auburn.
O~inance No. 5682
June 10,2002
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION ONE. REPEAL OF CURRENT AUBURN CRIMINAL CODE AND
ADOPTION OF NEW AUBURN CRIMINAL CODE.
That the current provisions of Title 9 of the Auburn City Code are hereby
repealed, and they are replaced, substituted and superseded by the following:
TITLE 9
PUBLIC PEACE, MORALS AND WELFARE
Chapters:
Cha3ter9.01 Preliminary Article
Cha~ter9.02 General Previsions
Cha~ter9.04 Emergency Powers
Cha~ter9.06 Anticipatory Offenses
Cha)ter 9.08 Aggressive Begging
Cha)ter 9.10 Curfew Hours for Juveniles
Cha)ter 9.12 Crimes Relating to Animals
Cha)ter 9.14 Assault and Other Crimes Involving Physical Harm
Cha)ter 9.18 Charitable Solicitations
Cha)ter9.22 Controlled Substances
Cha)ter9.26 Domestic Relations, Violation of Protective Orders, Custodial
Interference
Chapter 9.30 False Alarms
Chapter 9.34 Firearms, Dangerous Weapons, Explosives
Chapter 9.38 Frauds and Swindles
Chapter 9.42 Harassment, Stalking
Chapter9.46 Liquor Regulations, Enfomement
Chapter 9.50 Loitering
Chapter 9.54 Malicious Mischief, Reckless Burning, Fire
Chapter 9.58 Malicious Prosecution, Abuse of Process, Perjury
Chapter 9.62 Miscellaneous Crimes
Chapter 9.66 Nuisances
Chapter 9.70 Obstructing Governmental Operation
Chapter 9.74 Pawnbrokers and Secondhand Dealers
Chapter 9.78 Public Disturbance
Chapter 9.82 Public Indecency, Prostitution, Sex Crimes
Chapter 9.88 Social Card Games
Chapter 9.90 Street Use Restrictions
Chapter 9.94 Theft
Ordinance No. 5682
June 10, 2002
Page 2
Chapter 9.96 Trespass and Burglary Tools
Chapter 9.98 Trespassing on School Property
Chapter 9.01
Preliminary Article
Sections:
9.01.010 Preliminary statement.
9.01.010 Preliminary statement.
A. This Title as adopted hereby and as it may hereafter be amended,
supplemented and modified shall be known as, and may be cited as, the Auburn
Criminal Code, as a part of the Auburn City Code.
B. The provisions of this Code shall apply to offenses committed after the
effective date of the Ordinance by which it was adopted.
C. If any provision of this Code, or its application to any person or circumstance
is held invalid, the remainder of the Code, or the application of the provision to other
persons or circumstances is not affected, and to this end the provisions of this Code are
declared to be severable.
D. Section captions are for organizational purposes only and shall not be
construed as part of this Code.
Chapter 9.02
General Provisions
Sections:
9.02.010 Purposes - Principles of construction.
9.02.020 City criminal jurisdiction.
9.02.030 Classes of crimes - penalties.
9.02.040 Personal jurisdiction.
9.02.050 Limitation of action.
9.02.060 Proof beyond a reasonable doubt.
9.02.070 Non-appearance after written promise.
9.02.080 Intentional failure to comply.
9.02.090 Conviction--Judgment for fine and costs.
9.02.100 Payment of costs of prosecution.
9.02.110 Adoption of State statutes by reference.
9.02.120 Citation reference to Sections adopted by reference.
9.02.900 Statutes incorporated by reference.
9.02.010 Purposes - Principles of construction.
A. The general purposes of the provisions governing the definition of offenses
are:
Ordinance No. 5682
June 10, 2002
Page 3
1. To forbid and prevent conduct that inflicts or threatens substantial harm
to individual or public interests;
2. To safeguard conduct that is without culpability from condemnation as
criminal;
3. To give fair warning of the nature of the conduct declared to constitute
an offense;
4. To differentiate on reasonable grounds between serious and minor
offenses, and to prescribe proportionate penalties for each.
B. The provisions of this Title shall be construed according to the fair import of
their terms and when the language is susceptible of differing constructions it shall be
interpreted to further the general purposes stated in this Title.
9.02.020 City criminal jurisdiction.
Any person who commits within the corporate limits of the City any crime that is
a violation hereof, in whole or in part, or a violation the prosecution of which is the
responsibility of the City pursuant to RCW 39.34.180, is liable to arrest and punishment.
9.02.030 Classes of crimes - penalties.
A. An offense defined by this Code, for which a sentence of imprisonment is
authorized, constitutes a violation of City ordinance and a crime. For purposes of this
Code, the two terms shall have the same meaning and may be used intemhangeably.
B. Violations of City ordinances are classified as gross misdemeanors, or
misdemeanors. A violation of a City ordinance is a misdemeanor if not otherwise
designated by this Code or by the Code adopted by reference, and if persons convicted
thereof may be sentenced to imprisonment for a term not in excess of ninety (90) days.
A violation of a City ordinance is a gross misdemeanor if so designated in this Code,
and if persons convicted thereof may be sentenced to imprisonment for a term not in
excess of one year.
C. Unless otherwise specifically provided, misdemeanors shall be punishable by
imprisonment in jail for a term of up to ninety (90) days, or by a fine of up to one
thousand dollars ($1,000.00), or by both such imprisonment and fine. Unless otherwise
specifically provided, gross misdemeanors shall be punishable by imprisonment in jail
for a term of up to one year, or by a fine of up to five thousand dollars ($5,000.00), or
by both such imprisonment and fine.
9.02.040 Personal jurisdiction.
Every person, regardless of whether or not an inhabitant or resident of the City,
may be tried and punished under this Code for any violation of City ordinance
committed by him or her within the corporate limits of the City.
9.02.050 Limitation of action.
A. No violation of City ordinance which is classified as a gross misdemeanor
herein or in the code adopted by reference may be prosecuted more than two (2) years
after its commission. No violation of City ordinance classified as a misdemeanor herein
Ordinance No. 5682
June 10, 2002
Page 4
or in the code adopted by reference may be prosecuted more than one (1) year after its
commission.
B. The periods of limitation prescribed herein do not run during any time when
the person charged is not usually and publicly resident within this State.
C. If, before the end of a pedod of limitation prescribed herein, a complaint or an
information has been filed, and the complaint or information is set aside, then the
period of limitation is extended by a period equal to the length of time from the filing to
the setting aside.
9.02.060 Proof beyond a reasonable doubt.
A. Every person charged with a violation of a City ordinance that constitutes a
crime is presumed innocent unless proved guilty. No person may be convicted of such
a violation unless each element of such crime is proved by competent evidence beyond
a reasonable doubt.
B. When a violation of such a City ordinance has been proven against a person,
and there exists a reasonable doubt as to which of two or more degrees he or she is
guilty, such person shall be convicted only of the lowest degree.
9.02.070 Non-appearance after written promise.
Any person who, after having been issued a citation for a criminal traffic or
cdminal non-traffic violation by a law enforcement officer or by any other person
authorized to issue criminal citations or complaints under law and where the person so
charged signed a written promise to appear in court at a specific date and time or as
otherwise indicated on the citation or complaint, fails to appear in court at the date and
time so indicated shall be guilty of a misdemeanor regardless of the disposition of the
charge with which he or she was originally cited. Violation of this Section shall be
punishable by imprisonment in jail for a pedod of up to ninety (90) days or a fine in the
amount up to one thousand dollars ($1,000.00) or both such jail and fine.
9.02.080 Intentional failure to comply.
A court may, in its discretion, treat any intentional failure to comply with a court
order in respect to fines or costs, or both, upon conviction, as civil contempt.
9.02.090 Conviction--Judgment for fine and costs.
Upon judgment for fine and costs rendered on a conviction, execution may be
issued against the property of a defendant and returned in the same manner as in civil
actions.
9.02.100 Payment of costs of prosecution.
Whenever anyone is convicted of any offense in the city, in addition to the fine
imposed, he or she must pay the costs of prosecution. Costs of prosecution shall
include any or all of the following: cost of docket, cost of issuing warrant, cost for
mileage and processing the warrant, a fee for a personal recognizance bond, and costs
for witness fees.
Ordinance No. 5682
June 10, 2002
Page 5
9.02.110 Adoption of State statutes by reference.
Statutes of the State of Washington specified herein and as specified in
Ordinances codified in Title 9 are adopted by reference as and for a portion of the penal
code of the City of Auburn, as if set forth in full, including the criminal/offense
classification and penalty previsions applicable thereto unless a different classification
and/or penalty is specifically provided for the particular Sections of State statutes
adopted by reference; provided that the adoption of state statutes by reference shall not
be construed or interpreted to vest in the City any authority or responsibility to
prosecute felony offenses, and the adoption of state statutes which include felony
previsions shall be limited to those provisions falling within the City's authority, and such
adoption, and the provisions being adopted, shall be construed and interpreted in
accordance with the lawful authority of the City.
9.02.120 Citation reference to Sections adopted by reference.
In any citation, complaint, notice of violation or other pleading filed in a court of
competent jurisdiction or in any other forum, reference to the Section or Sections of
State statute adopted by reference as a part of the City code shall be by the same
number identifying the Section in the Revised Code of Washington. Such reference
shall refer to and mean the appropriate Section of the Auburn Municipal Code adopted
by reference from the Revised Code of Washington.
9.02.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9.01.555 (Citizen immunity if aiding officer - Scope - When)
RCW 9A.04.050 (People capable of committing crimes--capability of children)
RCW 9A.04.060 (Common law to supplement statute)
RCW 9A.04.110 (Definitions)
RCW 9A.08.010 (General requirements of culpability)
RCW 9A.08.020 (Liability for conduct of another - Complicity)
RCW 9A.08.030 (Criminal liability of corporations and
persons acting or under a duty to act in their behalf)
RCW 9A. 12.010 (Insanity)
RCW 9A.16.010 (Definitions [Defenses])
RCW 9A.16.020 (Use of force - When lawful)
RCW 9A. 16.030 (Homicide - When excusable)
RCW 9A.16.040 (Justifiable homicide or use of deadly
force by public officer, peace officer, person aiding)
RCW 9A. 16.050 (Homicide - By other person - When justifiable)
RCW 9A. 16.060 (Duress)
RCW 9A. 16.070 (Entrapment)
RCW 9A.16.080 (Action for being detained on mercantile
establishment premises for investigation "Reasonable
grounds" - As defense)
RCW 9A.16.090 (Intoxication)
Ordinance No. 5682
June 10, 2002
Page 6
RCW 9A. 16.100 (Use of force on children - Policy - Actions presumed
unreasonable)
RCW 9A.20.030 (Restitution - Alternative to a fine)
Chapter 9.04
Emergency Powers
Sections:
9.04.010 Mayor's powers.
9.04.020 Order - Ratification - Confirmation.
9.04.030 Term of emergency.
9.04.040 Violation - Penalty.
9.04.010 Mayor's powers.
Whenever, in the judgment of the mayor or, in the event of his/her inability to act,
the mayor pro tem, he/she determines that an emergency exists as a result of mob
action or other civil disobedience causing danger of injury to or damages to persons or
property, he/she shall have the power to impose by written proclamation any or all of
the following regulations necessary to preserve the peace and order of the city:
A. To impose a curfew upon all or any portion of the city requiring all persons in
the designated curfew areas to remove themselves from the public streets, alleys, parks
or other public places; provided, however, that physicians, nurses and ambulance
operators performing medical services, utility personnel maintaining essential public
services, firemen and city-authorized or requested law enfomement officers and
personnel may be exempt from such curfew;
B. To order the closing of any business establishments anywhere within the city
where alcoholic beverages are sold or otherwise dispensed for the period of the
emergency; provided, that with respect to those business establishments which are not
primarily devoted to the sale of alcoholic beverages may be removed or made secure
for possible seizure by the public, the portions utilized for the sale of items other than
alcoholic beverages may, in his discretion, be allowed to remain open;
C. To order any or all business establishments to close and remain closed during
the period of the emergency;
D. To order the discontinuance of the sale, distribution or giving away of
alcoholic beverages in any or all parts of the city;
E. To order the closure of any or all business establishments where firearms
and/or ammunition for firearms are sold or otherwise dispensed; provided that with
respect to those business establishments which are not primarily devoted to the sale of
firearms and/or ammunition and in which such firearms and/or ammunition may be
removed or made secure from possible seizure by the public, the portions utilized for
sale of items other than firearms and/or ammunition may, in his/her discretion, be
allowed to remain open;
F. To order the discontinuance of the sale, distribution or giving away of firearms
and/or ammunition for firearms in any or all parts of the city;
Ordinance No. 5682
June 10, 2002
Page 7
G. To order the discontinuance of the sale, distribution or giving away of gasoline
or other liquid flammable or combustible products in any container (other than a
gasoline tank propedy affixed to a motor vehicle);
H. To order the closure of all gasoline stations and other establishments, the
chief activity of which is the sale, distribution or dispensing of liquid flammable or
combustible products;
I. To order the closure to the public of any and all public places, including streets,
alleys, public ways, schools, parks, beaches, amusement areas and public buildings;
J. To call upon regular and auxiliary law enforcement agencies and organizations
within or without the city to assist in preserving and keeping the peace within the city;
K. To issue such other orders as are imminently necessary for the protection of
life and property. (Ord. 4683 § 2, 1994.)
9.04.020 Order - Ratification - Confirmation.
Any orders proclaimed pursuant to ACC 9.04.010 shall, at the earliest practicable
time, be presented to the city council for ratification and confirmation and if not so
ratified and confirmed shall be void. (Ord. 4683 § 2, 1994.)
9.04.030 Term of emergency.
Any emergency proclaimed in accordance with the provisions of this chapter
shall terminate after 48 hours from issuance or upon the issuance of a proclamation
determining an emergency no longer exists, whichever occurs first; provided, however,
that such emergency may be extended for additional periods of time as determined
necessary by resolution of the city council. (Ord. 4683 § 2, 1994.)
9.04.040 Violation - Penalty.
Any person who willfully fails or refuses to obey any order proclaimed pursuant
to this chapter shall be guilty of a gross misdemeanor. (Ord. 4683 § 2, 1994.)
Chapter 9.06
Anticipatory Offenses
Sections:
9.06.010 Cdminal attempt.
9.06.020 Criminal conspiracy.
9.06.030 Contributing to delinquency.
9.06.900 Statutes incorporated by reference.
9.06.010 Cdminal attempt.
A. A person is guilty of an attempt to commit a crime if, with intent to commit
a specific crime, he/she does any act which is a substantial step toward the commission
of that crime.
B. If the conduct in which a person engages otherwise constitutes an attempt
to commit a crime, it is no defense to a prosecution of such attempt that the crime
Ordinance No. 5682
June 10, 2002
Page 8
charged to have been attempted was, under the attendant circumstances, factually or
legally impossible of commission.
C. An attempt to commit a crime is a misdemeanor when the crime
attempted is a gross misdemeanor or misdemeanor.
9.06.020 Criminal conspiracy.
A. A person is guilty of criminal conspiracy when, with intent that conduct
constituting a cdme be performed, he/she agrees with one or more persons to engage
in or cause the performance of such conduct, and any one of them takes a substantial
step in pursuance of such agreement.
B. It shall not be a defense to criminal conspiracy that the person or persons
with whom the accused is alleged to have conspired:
1. Has not been prosecuted or convicted; or
2. Has been convicted of a different offense; or
3. Is not amenable to justice; or
4. Has been acquitted; or
5. Lacked the capacity to commit an offense.
C. Criminal conspiracy is a misdemeanor when an object of the
conspiratorial agreement is a gross misdemeanor or misdemeanor.
9.06.030 Contributing to delinquency.
In all cases where a person under the age of eighteen years engages in conduct
which is prohibited by the ordinances of the city or the statutes of the State of
Washington, the parent or parents, legal guardians, or persons, who, by any act or
omission, encourages, causes or contributes to the commission of such violations of
ordinance or statute by such person under the age of eighteen, shall be guilty of a
misdemeanor.
9.06.900 Statutes incorporated by reference.
The following statute is incorporated in this Chapter by reference:
RCW 9A.28.030 (Criminal Solicitation)
Chapter 9.08
Aggressive Begging
Sections:
9.08.010 Aggressive begging.
9.08.010 Aggressive begging.
A. It is unlawful for any person to engage in aggressive begging in any
public place in the City, as those terms are defined by this section.
B. As used in this section:
Ordinance No. 5682
June 10, 2002
Page 9
1. "Aggressive begging" shall mean: (a) begging with intent to
intimidate another person into giving money or goods; (b) begging with
use of false, misleading information; (c) begging with or involving activities
that are unsafe or dangerous to any person or property; (d) begging in a
manner that exploits children; or (e) wilfully providing or delivering, or
attempting to provide or deliver unrequested or unsolicited services or
products with a demand or exertion of pressure for payment in return.
2. "Begging" shall mean asking for money or goods as a charity,
whether by words, bodily gestures, signs or other means.
3. "To intimidate" shall mean to coeme or frighten into submission
or obedience, or to engage in conduct which would make a reasonable
person fearful or feel compelled.
4."Public place" shall mean: (a) any public road, alley, lane,
parking area, sidewalk, or other publicly owned building, facility or
structure; (b) any public playground, school ground, recreation ground,
park, parkway, park drive, park path or rights-of-way open to the use of
the public; or (c) any privately owned property adapted to and fitted for
vehicular or pedestrian travel that is in common use by the public with the
consent, expressed or implied, of the owner or owners.
5. "Exploit" shall mean using in an unethical, selfish or abusive
manner or in any other manner that gives an unfair advantage.
C. Violation of this section shall be a misdemeanor, punishable by a fine up to
$1000 or by a jail sentence of up to 90 days, or by both such fine and jail time.
Chapter 9=509.10
Curfew Hours for Juveniles
Sections:
9.599.10.010 Definitions.
~9.10.020 Offenses.
g~609.10,030 Defenses.
9.599.10.040 Enfomement.
9=o-~;)9.10.050 Temporary custody procedure.
9~O9.10.060 Violations.
9~O9.10.070Third party liability.
9~509.10.080 Evaluation.
9.509.10.010 Definitions.
A. "Curt'ew hours" means between midnight and 6:00 a.m. each day of the week.
B. "Emergency" means an unforeseen combination of cimumstances or the
resulting state that calls for immediate action. The term includes, but is not limited to, a
fire, a natural disaster, an automobile accident or any situation requiring immediate
action to prevent serious bodily injury or loss of life.
Ordinance No. 5682
June 10, 2002
Page 10
C. "Establishment" means any privately-owned place of business operated for a
profit to which the public is invited, including, but not limited to, any place of amusement
or entertainment.
D. "Extended family members" means grandparent, brother, sister, stepbrother,
stepsister, uncle, aunt, or first cousin who is not a minor and with whom the juvenile
(minor child) has a relationship and is comfortable with and who is willing and available
to care for the juvenile.
E. "Guardian" means:
1. A person who, under court order, is the guardian of the person of a
juvenile (minor); or
2. A public or private agency with whom a juvenile (minor) has been
placed by a court; or
3. A person at least 18 years of age who is authorized by a parent or legal
guardian to have the care and custody of a juvenile (minor).
F. "Juvenile" means any unemancipated person (minor) under the age of 18
years.
G. "Operator" means any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment open during curfew hours. The
term includes the members or partners of an association or partnership and the officers
of a corporation.
H. "Parent" means a person who is a natural parent, adoptive parent, foster
parent, or step-parent of another person.
I. "Public place" means any place to which the public, or a substantial group of
the public, has access, and includes, but is not limited to, streets, highways, and the
common areas of schools, hospitals, apartment houses, sidewalks, alleys, parking lots,
buildings open to the general public, including those which serve food or drink or
provide entertainment, and the doorways and entrances to such buildings and the
grounds enclosing them, transport facilities, shops and automobiles (whether moving or
not).
J. "Remain" means to:
1. Linger or stay; or
2. Fail to leave premises when requested to do so by a police officer or
owner, operator, or other person in control of the premises.
K. "Serious bodily injury" means bodily injury that creates a substantial risk of
death or that causes death, serious permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ. (Ord. 5541 § 1, 2001; Ord.
5404 § 1, 2000; Ord. 5241 § 1, 1999.)
9~9.10.020 Offenses.
A. A juvenile commits an offense if he or she remains in any public place or on
the premises of any establishment within the city during curfew hours.
B. A parent or guardian of a juvenile (minor) commits an offense if he or she
knowingly permits, or, by insufficient lawful control, allows the juvenile to remain in any
public place or on the premises of any establishment within the curfew hours.
O~inance No. 5682
June 10, 2002
Page 11
C. A parent or guardian commits an offense if he or she fails to appear to take
the juvenile into custody after contact from an Auburn police officer, pursuant to the
temporary custody procedure.
D. A person or operator, as defined herein, commits an offense if that person or
operator encourages, or affirmatively facilitates, a violation of this chapter by a juvenile.
(Ord. 5541 § 1,2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999.)
9~09.10.030 Defenses.
A. It is a defense that the juvenile was:
1. Accompanied by the juvenile's parent, legal guardian or other
responsible person who is 18 years of age or older and approved by the
juvenile's parent, guardian, custodian or other adult person having custody or
control of the juvenile to accompany said juvenile; or
2. On an errand at the direction of the juvenile's parent or guardian, or
other adult person having custody or control of the juvenile, without any
unnecessary detour or stop; or
3. In a motor vehicle involved in interstate travel with the consent of a
parent, guardian, custodial or other adult person having custody or control of the
juvenile through the state of Washington; or
4. Engaged in a legal employment activity, or going to or returning home
from a legal employment activity, without any unnecessary detour or stop; this
exception shall also apply if the juvenile is in a public place or establishment
during curfew hours in the course of his or her employment; or 5. Involved in an emergency; or
6. On the sidewalk abutting the juvenile's residence or abutting the
residence of a next-door neighbor, if the neighbor did not complain to the police
department about the juvenile's presence; or
7. Attending, going to, or returning home, without any detour or
unnecessary stop, from an official school, religious, or other activity supervised
by adults or sponsored by the following, including but not limited to the city of
Aubum, a school, a religious organization, a civic organization, the Boys and
Gids Clubs, the YWCA, the YMCA, King County, or other similar entity which has
adult supervision for the juvenile, or a place of public entertainment, such as a
movie, play or sporting event; or
8. Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech, and the
right of assembly; or
9. Married and, thus, has achieved the age of majority pursuant to the
RCW 26.28.020, or has become emancipated in accordance with RCW
13.64.060(2); or
10. Engaged in lawful commercial activity which is commenced prior to
curfew hours and the juvenile proceeds directly home, without any detour or
unnecessary stop, upon termination of the commercial activity; or
Ordinance No. 5682
June 10, 2002
Page 12
B. It is a defense to this chapter that the parent or guardian is reasonably
hindered to such a degree that he/she is unable to appear and take custody of the
juvenile after being requested to do so;
C. It is a defense to prosecution under ACC I;M~9.10.020(D) that a person or
operator of an establishment promptly notified the police department that a juvenile was
present on the premises of the establishment during curfew hours and refused to leave.
(Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999.)
9~,509.10.040 Enforcement.
Before taking any enforcement action under this section, a police officer shall
ask the apparent offender's age and reason for being in the public place. The officer
shall not issue a citation or take further action under this section unless the officer
reasonably believes an offense has occurred, and that, based on any response and
other circumstances, no defense under ACC 9~,?~)9.10.030 is present. No citation shall
be issued until attempts have been made to place the juvenile (minor) according to the
temporary custody procedure. (Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 §
1, 1999.)
9-~O9.10.050 Temporary custody procedure.
A police officer who reasonably believes that a juvenile is violating any of the
provisions as described herein shall have authority to take the juvenile into custody,
shall inform the juvenile of the reason(s) for such custody, and may demand that the
parent or guardian appear and take custody of the juvenile (minor).
Should the parent not appear, or should the officer otherwise deem appropriate, the
officer shall deliver, or arrange to deliver, the juvenile as follows:
A. To juvenile's parent, guardian, custodian, or other adult person having
custody or control of such juvenile. The officer releasing a juvenile into the custody of
an adult person having custody or control shall inform the adult of the reason(s) for the
taking of the juvenile (minor) into custody; or
B. The officer may take the juvenile to the home of an adult extended family
member after attempting to notify the parent, guardian, or custodian.
C. In the event that subsections A and B of this section are not appropriate under
the circumstances, the officer may deliver the juvenile (minor) to the following:
1. The juvenile will be taken to an appropriate social service agency with
whom the city has contracted for such services or to an appropriate facility of the
Department of Social and Health Services until the parent appears to take
responsibility for the juvenile; or
2. In the event the parent fails to appear, the juvenile is to be referred to
an appropriate social service agency with whom the city has contracted for such
services or to an appropriate facility of the Department of Social and Health
Services for consideration of further intervention and/or placement services.
(Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999.)
8-=509.10.060 Violations.
O~inance No. 5682
June 10,2002
Page 13
A. A violation of any of the provisions of this chapter is designated a civil
infraction, to be heard and determined by the Auburn municipal court except when
jurisdiction lies with the juvenile court pursuant to Chapter 13.04 RCW, the Basic
Juvenile Court Act.
1. A police off~cer has the authority to issue a notice of infraction when the
infraction is committed in the officer's presence.
2. The notice of infraction shall be in substantially the same form as
prescribed by RCW 43.63.060 for traffic infractions.
B. All proceedings for responding to a notice of infraction under this chapter and
conducting a hearing on any contested notice of infraction or a mitigation hearing shall
be the same procedures prescribed for responding to traffic infractions set forth in
Chapter 46.63 RCW. If any person issued a notice of infraction fails to respond as
required, or fails to appear at a hearing requested by him/her, the court shall enter an
appropriate determination assessing the penalty prescribed for the curfew infraction.
C. A person found to have committed an infraction shall be assessed a monetary
penalty of not more than $100.00 for a first offense.
D. The maximum penalty for each subsequent offense is $250.00.
E. In all cases in which the court determines that an infraction has been
committed, court costs shall be assessed in addition to any monetary penalty.
F. There shall be an additional penalty of $100.00 for failure to respond to a
notice of infraction.
G. All monetary penalties imposed pursuant to this chapter shall be payable
immediately. If the person who committed the infraction is unable to pay at that time,
the court may, in its discretion, grant an extension of time or allow payment in
installments. In lieu of payment for all or part of the monetary penalty, the court may
provide for the performance of community service.
H. All proceedings under this chapter shall be civil in nature. (Ord. 5541 § 1,
2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999.)
9.509.10.070Third party liability.
it is expressly the purpose of this chapter to provide for and promote the health,
safety, and welfare of the general public and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially
protected or benefited by the terms of this chapter.
It is the specific intent of this chapter that no provision or term used in this
chapter is intended to impose any duty whatsoever upon the city of Auburn or any of its
officers or employees, for whom the implementation and enforcement of this chapter
shall be discretionary and not mandatory.
Nothing contained in this chapter is intended nor shall be construed to create or
form the basis of any liability on the part of the city, or its officers, employees or agents,
for any injury or damage resulting from any action or inaction on the part of the city
related in any manner to the enforcement of this chapter by its officers, employees, or
agents. (Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999.)
9.509.10.080 Evaluation.
Ordinance No. 5682
June 10, 2002
Page 14
This chapter and the need for it shall be reviewed every three years. By June 9,
2004, and each three-year period thereafter that it is in effect, the mayor shall review
this chapter and report and make recommendations to the city council concerning the
effectiveness of and the continuing need for this chapter. The report shall include, but
not be limited to, the following information:
A. The practicality of enfoming the chapter and any problems with enforcement
identified by the Auburn police department.
B. The impact of the chapter and support programs on juvenile crime and
juvenile victimization statistics and the public perception of juvenile crime and
victimization.
C. Number of juveniles taken into custody for curfew violations.
D. Number of official citizen complaints filed regarding the enforcement of this chapter.
(Ord. 5541 § 1, 2001; Ord. 5404 § 1, 2000; Ord. 5241 § 1, 1999.)
Chapter 9.12
Crimes Relating to Animals
Sections:
9.12.010 Animals taken or withheld--Dog napping.
9.12.900 Statutes adopted by reference.
9.12.010 Animals taken or withheld--Dog napping.
Any person who, with intent to deprive or defraud the owner thereof, does any of the
following, shall be guilty of a misdemeanor:
A. Takes, leads away, confines, secrets or converts any dog or other animal;
B. Conceals the identity of any dog or other animal or its owner by obscuring
or removing from the dog or other animal any collar, tag, license, tattoo or other
identification device or mark; or,
C. Willfully kills or injures any dog or other animal, unless excused by law.
D. Violation of this Section is a misdemeanor.
9.12.900 Statutes adopted by reference.
The following statute is incorporated in this Chapter by reference:
RCW9.08.030 (False certificate of registration of animals False
representation as to breed)
RCW 9.08.065 (Definitions)
RCW 9.08.070 (Pet animals - Taking, concealing, injuring, killing, etc. -
Penalty)
RCW 16.52.011 (Definitions - Principles of liability)
RCW 16.52.015 (Enforcement - Law enfomement
agencies and animal care and control agencies)
RCW 16.52.080 (Transporting or confining in unsafe manner - Penalty)
RCW 16.52.085 (Removal of animals for feeding
Examination - Notice - Euthanasia)
Ordinance No. 5682
June 10, 2002
Page 15
RCW 16.52.090 (Docking horses - Misdemeanor)
RCW 16.52.095 (Cutting ears - Misdemeanor)
RCW 16.52.100 (Confining without food and water - Intervention by others)
RCW 16.52.110 (Old or diseased animals at large)
RCW 16.52.117 (Animals fighting - Owners, trainers, spectators - Exceptions)
RCW 16.52.165 (Punishment - Conviction of misdemeanor)
RCW 16.52.180 (Limitations on application of chapter)
RCW 16.52.190 (Poisoning animals)
RCW 16.52.193 (Poisoning animals - Strychnine sales - Records - Report on
suspected purchases)
RCW 16.52.195 (Poisoning animals - Penalty)
RCW 16.52.200 (Sentences - Forfeiture of animals - Liability for costs - Civil
penalty - Education, counseling)
RCW 16.52.207 (Animal cruelty in the second degree)
RCW16.52.210 (Destruction of animals by law enforcement officer -
Immunity from liability)
RCW 16.52.230 (Remedies not impaired)
RCW 16.52.300 (Dogs or cats used as bait - Seizure - Limitation)
Chapter 9.14
Assault and Other Crimes Involving Physical Harm
Sections:
9.14.010 Threats to do harm.
9.14.020 Provoking assault.
9.14.900 Statutes incorporated by reference.
9.14.010 Threats to do harm.
It is unlawful for any person to communicate, directly or indirectly, the intent to cause
bodily injury to another person or the intent to cause physical damage to the property of
another. Every person convicted of a violation of the provisions of this Chapter shall be
guilty of the misdemeanor of threats to do harm.
9.14.020 Provoking assault.
It is unlawful for any person to willfully provoke or attempt to provoke, by word, sign or
gesture, another person to commit an assault or breach of peace. Every person
convicted of a violation of the provisions of this Section shall be guilty of the
misdemeanor of provoking assault.
9.14.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9A.36.041 (Assault in the fourth degree)
RCW 9A.36.050 (Reckless endangerment in the second degree)
RCW 9A.36.070 (Coercion)
Ordinance No. 5682
June 10, 2002
Page 16
RCW 9A.49.030 (Unlawful discharge of a laser in the second degree)
Chapter 9.18
Charitable Solicitations
Sections:
9.18.010 Definitions.
9.18.020 Exemptions.
9.18.030 Registration required.
9.18.040 Fees.
9.18.050 Unlawful solicitations.
9.18.060 Identification.
9.18.070 Misrepresentation prohibited.
9.18.010 Definitions.
When used in this Chapter, unless the context otherwise requires, the following
definitions shall apply:
A. "Charitable organization" means any benevolent, philanthropic, patriotic,
eleemosynary, religious, education, social, recreation or fraternal organization or any
other person having or purporting to have a charitable nature and which solicits or
solicits and collects contributions for any charitable purpose. The word "charitable"
includes "religious" and shall otherwise have its common law meaning unless the
context in which it is used clearly requires a narrower or broader meaning.
B. "Contribution" means the donation, promise or grant, for consideration or
otherwise, of any money or property of any kind or value, which contribution is wholly or
partly induced by solicitation.
C. "Direct solicitation" means solicitation in which an individual making a
solicitation is in the immediate physical presence of any individual being solicited.
D. "Solicitation" means any oral or written request for a contribution, including
the solicitor's offer or attempt to sell any property, rights, services, or other thing in
connection with which:
1. Any appeal is made for any charitable purpose; or,
2. The name of any charitable organization or purpose is used as an
inducement for consummating the sale; or,
3. Any statement is made which implies that the whole or any part of
the proceeds from the sale will be applied toward any charitable purpose or donated to
any charitable organization.
9.18.020 Exemptions.
Except as otherwise specifically provided in other Sections of this Chapter, this Chapter
shall not apply to the following:
^. Any organizations which are organized and operated principally for
charitable purposes, other than the raising of funds, when the solicitation of
contributions is confined to the bona fide membership of the organization and when the
solicitation is managed and conducted solely by officers and members of such
Ordinance No. 5682
June 10, 2002
Page 17
organizations who are unpaid for such services. The term "membership" shall not
include those persons who are granted membership upon making a contribution as a
result of solicitation;
B. Any solicitation conducted exclusively within any premises owned, leased,
rented, or otherwise under the lawful control of the person or organization making the
solicitation.
9.18.030 Registration required.
A. A charitable organization shall register with the Finance Department at
least ten days prior to conducting any solicitation in the city. Such registrations shall be
valid for a period of ninety days. Registration shall be on forms prescribed and
provided by the Finance Department and shall require the following information:
1. The name, address, and telephone number of the charitable
organization intending to solicit; the individual supervising the solicitation; and the
individual completing the registration form;
2. The general statement of the purpose of the solicitation;
3. The dates and times of the solicitation.
B. This Section shall not apply to solicitations made exclusively by radio,
television, publication in a newspaper or magazine of general circulation, or delivery by
means of the United States mail.
9.18.040 Fees.
Before a certification of registration shall be issued under this Chapter, the following
fees shall be paid to the Finance Department: the sum of ten dollars as a permit fee,
and twenty-five cents for each facsimile copy.
9.18.050 Unlawful solicitations.
A. It is unlawful to solicit without complying with the registration requirements
hereof, unless specifically exempt as provided herein.
B. It is unlawful to solicit in public streets or alleys which are open to
vehicular traffic or to make a solicitation of any person who is in or upon said public
streets or alleys. It is also unlawful to make a solicitation within ten feet of any marked
pedestrian crosswalk, within ten feet of any entrance or exit of any building then in use
by the general public, or from the area of any sidewalk within ten feet of its intersection
with an alley or publicly used driveway.
C. It is unlawful to solicit within any office, theater, store, factory, or other
premises where business is conducted or services are rendered without the prior
approval of the person or persons in charge of the premises.
D. It is unlawful to continue with any direct solicitation of any individual after
the individual being solicited has indicated, by words or action, that he has no desire to
make a contribution.
E. It is unlawful to solicit on public property or in the residential area of the
city between the hours of nine p.m. and seven a.m.
9.18.060 Identification.
Ordinance No. 5682
June 10, 2002
Page 18
A. Any person making a solicitation shall cleady identify to any person being
solicited the name of the charitable organization sponsoring the solicitation and the
purpose of the solicitation.
B. Any person making a solicitation shall provide personal identification of
himself or herself upon demand by any lawful enforcement officer, and, upon demand,
provide and exhibit a solicitor's permit, to be issued by the Finance Department as
provided in Section 9.18.030.
9.18.070 Misrepresentation prohibited.
A. No person shall for the purpose of soliciting contributions from persons in
this city, use the name of any other person, except that of an officer, director or trustee
of the charitable organization by or for which the contributions are solicited, without the
written consent of such other persons.
B. A person shall be deemed to have used the name of another person for
the purpose of soliciting contributions if such latter person's name is listed on any
stationery, advertisement, brochure or correspondence in or by which a contribution is
solicited by or on behalf of a charitable organization or his name is listed or referred to
in connection with a request for a contribution as one who has contributed to,
sponsored or endorsed the charitable organization or its activities.
C. No person or organization for the purpose of soliciting contributions from
persons in the city shall falsely represent that the contributions are for a charitable
purpose. For the purpose of this Section, revocation or loss of a 501(c)(3) tax exempt
determination of an organization by the Internal Revenue Service shall be prima facie
evidence that the solicitation or contribution is not for a charitable purpose.
D. A violation of this Section shall be a misdemeanor.
Chapter 9.22
Controlled Substances
Sections:
9.22.010 Marijuana prohibited.
9.22.020 Drug paraphernalia prohibited.
9.22.900 Statutes incorporated by reference.
9.22~010 Marijuana prohibited.
Except as authorized by the Revised Code of Washington, it is unlawful for any person
to manufacture, deliver, grow, or possess marijuana.
"Marijuana" means all parts of the plant of the genus cannabis L., whether
growing or not; the seeds thereof; the resins 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
resins extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination.
Ordinance No. 5682
June 10, 2002
Page 19
9.22.020 Drug paraphernalia prohibited.
A. It is unlawful for any person to use drug paraphernalia to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance.
B. It is unlawful for any person to deliver, possess with intent to deliver or to
manufacture with intent to deliver drug paraphernalia, knowing or under circumstances
where one reasonably should know, that it will be used to plant, propagate, cultivate,
grew, harvest, manufacture, compound, convert, produce, process, prapare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance.
C. It is unlawful to place in any newspaper, magazine, handbill or other
publication any advertisement, knowing or under circumstances where one reasonably
should know, that the purpose of the advertisement, in whole or in part, is to promote
the sale of objects designed or intended for use as drug paraphernalia.
9.22.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9.47A.010 (Definitions [Inhaling toxic fumes])
RCW 9.47A.020 (Unlawful inhalation - Exceptions)
RCW 9.47A.030 (Possession of certain substances prohibited - When)
RCW 9.47A.040 (Sale of certain substances prohibited - When)
RCW 69.43.010 (Report to state board of pharmacy -- List of substances --
Modification of list -- Identification of purchasers -- Report of
transactions -- Penalties)
RCW 69.43.020 (Receipt of substance from source outside state -- Report --
Penalty)
RCW 69.43.030 (Exemptions)
RCW 69.43.035 (Suspicious transactions -- Report -- Penalty)
RCW 69.43.043 (Recordkeeping requirements - Penalty)
RCW 69.43.090 (Permit to sell, transfer, furnish, or receive substance --
Exemptions -- Application for permit -- Fee -- Renewal --
Penalty)
RCW 69.43.110 (Ephedrine, pseudoephedrine, phenylprepanolamine --
Sales restrictions -- Penalty)
RCW 69.43.120 (Ephedrine, pseudoephedrine, phenylprepanolamine --
Possession of more than fifteen grams -- Penalty --
Exceptions)
RCW 69.43.130 (Exemptions -- Pediatric products -- Products exempted by
the state board of pharmacy)
RCW 69.50.4121 (Drug paraphernalia--Selling or giving--Penalty [infraction])
Ordinance No. 5682
June 10, 2002
Page 20
Chapter 9.26
Domestic Relations, Violation of Protective Orders,
Custodial Interference
Sections:
9.26.900 Statutes incorporated by reference.
9.26.900 Statutes incorporated by reference.
The following statute is incorporated in this Chapter by reference:
RCW 9A.36.150 (Interfering with the reporting of domestic violence)
RCW 9A.42.080 (Abandonment of a dependent person in the third degree)
RCW 10.99.010 (Purpose and intent)
RCW 10.99.020 (Definitions)
RCW 10.99.040 (Restrictions upon and duties of court)
RCW 10.99.045 (Appearances by defendant - No-contact order)
RCW 26.09.300 (Restraining orders - Notice - Refusal to comply - Arrest -
Penalty- Defense - Peace officers, immunity)
RCW 26.50.010 (Definitions)
RCW 26.50.020 (Commencement of action - Jurisdiction - Venue)
RCW 26.50.030 (Petition for order for protection - Availability of forms and
instructional brochures - Filing fee, when required - Bond not
required)
RCW 26.50.040 (Application for leave to proceed in forma pauperis)
RCW 26.50.050 (Hearing - Service - Time)
RCW 26.50.060 (Relief- Realignment of designation of parties)
RCW 26.50.070 (Ex parte temporary order for protection)
RCW26.50.080 (Issuance of order Assistance of peace officer
Designation of appropriate law enforcement agency)
RCW 26.50.090 (Order - Service - Fees)
RCW 26.50.110 (Violation of order - Penalties)
RCW 26.50.130 (Order- Modification - Transmittal)
RCW 26.50.140 (Peace officers - Immunity)
RCW 26.50.200 (Title to real estate - Effect)
RCW 26.50.210 (Proceedings additional)
Chapter 9.30
False Alarms
Sections:
9.30.010 Defined.
9.30.020 Unlawful when--Penalty fee.
9.30.030 Fee payment responsibility.
9.30.010 Defined.
Ordinance No. 5682
June 10, 2002
Page 21
For the purpose of this Chapter, the term "false alarm" means the activation of a
burglary and/or robbery or fire alarm by other than a forced entry or attempted fomed
entry to the premises, or by other than a fire and at a time when no burglary or robbery
is being committed or attempted on the premises, or when no fire exists on the
premises.
9.30.020 Unlawful when--Penalty fee.
It is unlawful for any person, business or legal entity having or conducting a private
alarm system for fire, theft, burglary or other protection to have three or more false
alarms within a ninety-day period. The owner of any residence, business or premises in
which said alarm system exists shall pay a twenty-five dollar false alarm fee for the third
false alarm in a ninety-day period and for each subsequent false alarm in a ninety-day
period.
9.30.030 Fee payment responsibility.
The City shall notify the party responsible for paying the fee, and if said fee is not paid
to the City within ten days, a summons and complaint shall be executed by the City and
the responsible party shall thereby be brought within the jurisdiction of the court of
limited jurisdiction in which venue lies.
Chapter 9.34
Firearms, Dangerous Weapons, Explosives
Sections:
9.34.010 Weapons apparently capable of producing bodily harm
--Carrying, exhibiting, displaying or drawing unlawful--Exceptions.
9.34.020 Weapons--Intoxicated persons--Places where liquor consumed.
9.34.030 Discharge of firearm in City prohibited.
9.34.900 Statutes incorporated by reference.
9.34.010 Weapons apparently capable of producing bodily harm--Carrying,
exhibiting, displaying or drawing unlawful--Exhibitions.
A. It is unlawful for anyone to carry, exhibit, display or draw any pistol, rifle,
dagger, sword, knife or other cutting or stabbing instrument, club or any other weapon
apparently capable of producing bodily harm, in a manner, under circumstances, and at
a time and place that either manifests an intent to intimidate another or that warrants
alarm for the safety of other persons. It is also unlawful, except as provided herein, for
any person to possess or have within an area of dominion and control throwing stars
and chako sticks. For the purposes of this Section, pistol and rifle shall include but are
not limited to pellet guns, B-B guns, air-propelled guns and similar devices. For the
purpose of this Section chako sticks are defined as an instrument consisting of two or
more sticks, clubs, bars or rods to be used as handles, connected by rope, cord, wire or
chain in the design of a weapon used in connection with the practice of a system of
self-defense, such as karate. In addition, for the purpose of this Section, throwing stars
are defined as an instrument consisting of a metal plate having three or more radiating
Ordinance No. 5682
June 10, 2002
Page 22
points with one or moro sharp edges and designed in the shape of a polygon, trefoil,
cross, star, diamond, or other geometric shape for use as a weapon.
B. Any person violating the provisions of subsection A shall be guilty of a
misdemeanor.
C. Subsection A shall not apply to or affect the following:
1. Any act committed by a person while in his place of abode or fixed
place of business in self-defense of such abode or business;
2. Any person who by virtue of his office or public employment is
vested by law with a duty to proserve public safety, maintain public order, or to
make arrests for offenses while in the performance of such duty;
3. Any person acting for the purpose of protecting himself against the
use or prosently throatened unlawful force by another, or for the purpose of
protecting another against the use of such unlawful force by the third person;
4. Any person making or assisting in making a lawful arrost for the
commission of a felony; or,
5. Any person engaged in military activities sponsorod by the federal
or state governments;
6. Provision relating to chako sticks or throwing stars shall not apply
to or affect rogulady enrolled members of clubs and associations organized for
the practice, instruction or demonstration of self-defense arts involving chako
sticks or throwing stars while such members aro at, or are going to and from their
place of residence, a practice session, an instruction session, a demonstration,
or place of ropair, or while such members aro going from the place of purchase,
providing that the chako sticks or throwing stars aro in a carrying case in the
possession of the owner.
9.34.020 Weapons--Intoxicated persons-Places whero liquor consumed.
A. Any person other than the owner or manager approved as such by the Liquor
Control Board who has in his possession or within his immediate physical control a
deadly weapon while in an establishment whero liquor or alcoholic beverages are
served as a consumer thereof, or while under the influence of or affected by the use of
intoxicating liquor or drugs as defined in RCW 46.61.506, shall be guilty of a
misdemeanor, but this Section shall not apply in the former case to customers partaking
of alcoholic beverages with a meal and while seated, nor in the latter case to a person
in his own rosidence.
B. The proprietor of all establishments where liquor or alcoholic beverages
are consumed on the promises must advise patrons of the requirements of this Section.
A conspicuous sign stating "No Weapons Allowed" or other sign approved by the chief
of police and indicating this Section is sufficient notice. No notice needs to be given or
posted in the dining aroa of an establishment with a separate lounge.
C. "Deadly weapon" means any explosive or loaded or unloaded firoarm or
fixed blade cutting or stabbing instrument, and includes any other weapon, device,
instrument, article, or substance as defined in this Section, which, under the
circumstances in which it is used, attempted to be used, or threatened to be used, is
roadily capable of causing death or serious bodily injury.
Ordinance No. 5682
June 10, 2002
Page 23
9.34.030 Discharge of firearms in City prohibited.
The entire area of the City is a "no shoot" area. It is unlawful to shoot or discharge any
firearm, pistol, dfie or similar device anywhere within the corporate limits of the City
other than for the purposes of exercising the rights specified in RCW 9A. 16.020. For
the purposes of this Section, pistol and rifle shall include but are not limited to pellet
guns, B-B guns, air-propelled guns and similar devices.
9.34.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9.41.010 (Terms defined)
RCW 9.41.050 (Carrying pistol)
RCW 9.41.060 (Exception to restriction on carrying pistol)
RCW 9.41.070 (Concealed pistol license - Application - Fee - Renewal)
RCW 9.41.075 (Concealed pistol license - Revocation)
RCW 9.41.090 (Dealer deliveries regulated - Hold on delivery)
RCW 9.41.094 (Waiver of confidentiality.)
RCW 9.41.0975 (Officials and agencies - Immunity, writ of mandamus)
RCW 9.41.098 (Forfeiture of firearms, order by courts - Return to owner -
Confiscation by law enfomement officer)
RCW 9.41.100 (Dealers to be licensed)
RCW 9.41.120 (Firearms as loan security)
RCW 9.41.140 (Alteration of identifying marks - Exceptions)
RCW 9.41.170 (Alien's license to carry firearms - Exceptions)
RCW 9.41.220 (Unlawful firearms and parts contraband)
RCW 9.41.230 (Aiming or discharging firearms)
RCW 9.41.240 (Possession of pistol by person from eighteen to twenty-one)
RCW 9.41.250 (Dangerous weapons - Evidence - Penalty)
RCW 9.41.260 (Dangerous exhibitions)
RCW 9.41.270 (Weapons apparently capable of producing bodily harm,
carrying, exhibiting, displaying or drawing unlawful - Penalty
- Exceptions)
RCW9.41.280 (Possessing dangerous weapons on school facilities
Penalty - Exceptions)
RCW 9.41.300 (VVeapons prohibited in certain places - Local laws and
ordinances - Exceptions - Penalty)
RCW 9.41.800 (Surrender of weapons or licenses - Prohibition on future
possession or licensing)
RCW 9.41.810 (Penalty)
RCW 70.74.010 (Definitions--Washington State Explosives Act)
RCW 70.74.290 (Keeping explosive unlawfully)
RCW 70.74.295 (Abandonment of explosives)
RCW 70.74.310 (Gas bombs, explosives, stink bombs, etc)
RCW 77.16.250 (Loaded firearms in vehicles)
Ordinance No. 5682
June 10, 2002
Page 24
RCW 77.16.260 (Shooting firearm from public highway)
Chapter 9.38
Frauds and Swindles
Sections:~
9.38.010 Obtaining hotel, restaurant or lodging house accommodations by
fraud
9.38.900 Statutes incorporated by reference.
9.38.010 Obtaining hotel, restaurant or lodging house accommodations by fraud.
Any person who shall willfully obtain food, money, credit, lodging or accommodation at
any hotel, inn, restaurant, boarding house or lodging house, without paying therefor,
with intent to defraud the proprietor, owner, operator or keeper thereof, or who obtains
food, money, credit, lodging, accommodation at such hotel, inn, restaurant, boarding
house or lodging house, by the use of any false pretense; or, who, after obtaining food,
money, credit, lodging or accommodation at such hotel, inn, restaurant, boarding house
or lodging house, removes or causes to be removed from such hotel, inn, restaurant,
boarding house or lodging house, his or her baggage, without the permission or
consent of the proprietor, manager or authorized employee thereof, before paying for
such food, money, credit lodging or accommodation, shall be guilty of a misdemeanor,
provided that the aggregate amount of food, credit, money, lodging or accommodation
so obtained is less than Seventy-five dollars. Proof that food, money, credit, lodging or
accommodation were obtained by false pretense or by false or fictitious show or
pretense of any baggage or other property, or that the person refused or neglected to
pay for such food, money, credit, lodging or accommodation on demand, or that he or
she gave in payment for such food, money, credit, lodging or accommodation,
negotiable paper on which payment was refused, or that he or she absconded, or
departed from, or left, the premises without paying for such food, money, credit, lodging
or accommodation, or that he or she removed or attempted to remove, caused to be
removed, or caused to be attempted to be removed, his or her property or baggage,
shall be prima facie evidence of the fraudulent intent hereinbefore mentioned.
9.38.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9.45.060 (Encumbered, leased or rented personal property--
Construction)
RCW 9.45.062 (Failure to deliver leased personal property--Requisites for
prosecution--Construction)
RCW 9.45.070 (Mock options)
RCW 9.45.080 (Fraudulent removal of property)
RCW 9.45.090 (Knowingly receiving fraudulent conveyance)
RCW 9.45.100 (Fraud in assignment for benefit of creditors)
RCW 9A.60.010 (Definitions)
Ordinance No. 5682
June 10, 2002
Page 25
RCW 9A.60.040 (Criminal Impersonation)
RCW 9A.60.050 (False certification)
RCW 9A.61.010 (Definitions [Defrauding a public utility])
RCW 9A.61.020 (Defrauding a public utility)
RCW 9A.61.050 (Defrauding a public utility in the third degree)
ROW 9A.61.060 (Restitution and costs)
Chapter 9.42
Harassment, Stalking
Sections:
9.42.010 Telephone harassment.
9.42.020 Harassment - Definition - Penalties.
9.42.030 Stalking.
9.42.900 Statutes incorporated by reference.
9.42.010 Telephone harassment.
Other than where a person has been charged with this offense under circumstances
where (a) that person has previously been convicted of any crime of harassment as
defined in RCW 9A.46.060 with the same victim or members of the victim's family or
household or any person specifically named in a no-contact or no-harassment order, or
(b) that person harasses another person by threatening to kill the person threatened or
any other person; every person who, with intent to harass, intimidate, torment or
embarrass any other person shall make a telephone call to such other person: (1) using
any lewd, lascivious, profane, indecent or obscene words or language, or suggesting
the commission of lewd or lascivious act; or (2) anonymously or repeatedly or at
extremely inconvenient hour, whether or not conversation ensues; or (3) threatening to
inflict injury on the person or property of the person called or any member of his or her
family or household; shall be guilty of a gross misdemeanor.
9.42.020 Harassment - Definition - Penalties.
Other than where a person has been charged with this offense under circumstances
where (a) the person has previously been convicted of the crime of harassment as
defined in RCW 9A.46.060 of the same victim or member of the victim's family or
household or any person specifically named in a no-contact or no-harassment order, or
(b) the person harasses another person under RCW 9A.46.020 (1)(a)(I) by threatening
to kill the person threatened or any other person; a person is guilty of harassment if:
(a) without lawful authority, the person knowingly threatens:
(i) to cause bodily injury in the future to the person threatened or to
any other person; or
(ii) to cause physical damage to the property of a person other than
the actor; or
(iii) to subject the person threatened or any other person to physical
confinement or restraint; or
Ordinance No. 5682
June 10, 2002
Page 26
(iv) maliciously to do any other act which is intended to substantially
harm the person threatened or another with respect to his or her physical
or mental health or safety; and
(b) the person by words or conduct places the person threatened in
reasonable fear that the threat will be carried out.
Violation of this Section shall be a gross misdemeanor. The penalty provided for this
Section does not preclude the victim from seeking any other remedy otherwise
available under law.
9.42.030 Stalking.
Other than where a person has been charged with this offense under circumstances
where (a) the stalker has previously been convicted of any crime of harassment as
defined in RCW 9A.46.060 of the same victim or members of the victim's family or
household or any person specifically named in a protective order, (b) the stalker
violates any protective order protecting the person being stalked, (c) the stalker has
previously been convicted of a gross misdemeanor or felony stalking offense under
RCW 9A.46.110 for stalking another person, (d) the stalker was armed with a deadly
weapon as defined in RCW 9.94A. 125 while stalking the person, (e) the stalker's victim
is or was a law enforcement officer, judge, juror, attorney, victim advocate, legislator or
community corrections officer, and the stalker stalked the victim to retaliate against the
victim for an act the victim performed dudng the course of official duties or to influence
the victim's performance of official duties, or (f) the stalker's victim is a current, former,
or prospective witness in an adjudicative proceeding, and the stalker stalked the victim
to retaliate against the victim as a result of the victim's testimony or potential testimony;
a person commits the crime of stalking if, without lawful authority and under
circumstances not amounting to a felony attempt of another crime:
(a) he or she intentionally and repeatedly harasses or repeatedly follows
another person; and,
(b) the person being harassed or followed is placed in fear that the stalker
intends to injure the person, another person, or property of the person or of another
person. The feeling of fear must be one that a reasonable person in the same situation
would experience under all the circumstances; and
(c) the stalker either:
(i) intends to frighten, intimidate or harass the person; or
(ii) knows or reasonably should know that the person is afraid,
intimidated, or harassed even if the stalker did not intend to place the
person in fear of intimidation or harass the person.
A person who stalks another person under this Section is guilty of a gross
misdemeanor.
It is not a defense to the crime of stalking under subsection (c)(i) that a stalker was not
given actual notice that person did not want the stalker to contact or follow the person.
It is not a defense to the crime of stalking under subsection (c)(ii) that the stalker did not
intend to frighten, intimidate or harass the person. It shall be a defense to the crime of
Ordinance No. 5682
June 10, 2002
Page 27
stalking that the defendant is a licensed private detective acting within the capacity of
his or her license as provided by Chapter 18.165 RCW.
9.42.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9.61.240 (Telephone harassment - Permitting telephone to be used)
RCW 9.61.250 (Telephone harassment Offense, where deemed
committed)
RCW 9A.46.030 (Place where committed)
RCW 9A.46.040 (Court-ordered requirements upon person charged with
crime - Violation)
RCW 9A.46.050 (Arraignment - No-contact order)
RCW 9A.46.060 (Crimes included in harassment)
RCW 9A.46.080 (Order restricting contact - violation)
RCW 9A.46.090 (Nonliability of peace officer)
RCW 9A.46.100 ("Convicted," time when)
RCW 9A.46.110(6) (Stalking [definitions])
RCW 10.14.170 (Criminal penalty [Harassment])
Chapter 9.46
Liquor Regulations, Enforcement
Sections:
9.46.900 Statutes incorporated by reference.
9.46.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW66.44.040 (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 66.44.090 (Acting without license)
RCW 66.44.100 (Opening or consuming liquor in public place - Penalty)
RCW 66.44.130 (Sales of liquor by drink or bottle)
RCW 66.44.140 (Unlawful sale, transportation of spirituous liquor without
stamp or seal - Unlawful operation, possession of still or
mash)
RCW 66.44.150 (Buying liquor illegally)
RCW 66.44.160 (Illegal possession, transportation of alcoholic beverages)
O~inance No. 5682
June 10,2002
Page 28
RCW 66.44.170 (Illegal possession of liquor with intent to sell - Prima facie
evidence, what is)
RCW 66.44.175 (Violation of law)
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 -
Exception)
RCW 66.44.250 (Drinking in public conveyance - Penalty against individual -
Restricted application)
RCW 66.44.265 (Candidates giving or purchasing liquor on election day
prohibited)
RCW 66.44.270 (Furnishing liquor to minors - Possession, use - Exhibition of
effects - Exceptions)
RCW 66.44.290 (Minor purchasing or attempting to purchase liquor)
RCW 66.44.291 (Minor purchasing or attempting to purchase liquor - Penalty
against persons between ages of eighteen and twenty,
inclusive)
RCW 66.44.300 (Treats, gifts, purchases of liquor for or from minor, or
holding out minor as at least twenty-one, in place where
liquor sold)
RCW 66.44.310 (Minors frequenting off-limits area - Misrepresentation of age
- Penalty - Classification of licensees)
RCW 66.44.316 (Certain persons eighteen years and over 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 66.44.328 (Preparation or acquisition and supply to persons under age
twenty-one of facsimile of official identification card
Penalty)
RCW 66.44.340 (Employees eighteen years and over allowed to sell and
handle 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)
Chapter 9.50.
Loitering
Sections:
9.50.010 Definitions.
9.50.020 Order to disperse.
9.50.010 Definitions.
For the purpose of this Chapter, the following definitions shall apply:
Ordinance No. 5682
June 10, 2002
Page 29
A. "Loitering" means remaining idle in essentially one location and includes
the concept of spending time idly, to be dilatory, to linger, to stay, to saunter, to delay,
to stand around, and also includes the colloquial expression "hanging around."
B. "Public place" means any place to which the general public has access
and a right to resort for business, entertainment, or other lawful purpose but does not
necessarily mean a place devoted solely to the uses of the public. It also includes the
front or immediate area of any store, shop, restaurant, tavern or other place of business
and also public grounds, areas or parks.
9.50.020 Order to disperse.
A. It is unlawful for any person to loiter, loaf, wander, stand or remain idle either
alone and/or in consort with others in a public place in such a manner so as to:
1. Obstruct any public street, public highway, public sidewalk or any
other public place or building by hindering or impeding or tending to hinder or impede
the free and uninterrupted passage of vehicles, traffic or pedestrians;
2. Commit in or upon any public street, public highway, public
sidewalk or any other public place or building any act or thing which is an obstruction or
interference to the free and uninterrupted use of property or with any business lawfully
conducted by anyone in or upon or facing or fronting on any such public street, public
highway, public sidewalk or any other public place or building, all of which prevent the
free and uninterrupted ingress, egress and regress, therein, thereon and thereto.
B. When any person causes or commits any of the conditions enumerated in
subsection A of this Section, a police officer or any law enforcement officer shall order
that person to stop causing or committing such conditions and to move on or disperse.
Any person who fails or refuses to obey such orders in guilty of a violation of this
Chapter.
Chapter 9.54
Malicious Mischief, Reckless Burning, Fire
Sections:
9.54.010 Unguarded rites.
9.54.900 Statutes incorporated by reference.
9.54.010 Unguarded rites.
Any person who kindles a fire upon any street, alley, land, lot or block within the
corporate limits of the city, which is not so enclosed or guarded as to prevent the same
from spreading or being transmitted to any adjoining property belonging to or occupied
by any other person, shall be guilty of a misdemeanor.
9.54.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9A.48.050 (Reckless burning in the second degree)
P, CW 9A.48.060 (Reckless burning - Defense)
Ordinance No. 5682
June 10, 2002
Page 30
RCW 9A.48.090 (Malicious mischief in the third degree)
RCW 9A.48.100 (Malicious mischief- Physical damage defined)
RCW 27.12.330 (Penalty to injury for property [libraries])
Chapter 9.58
Malicious Prosecution, Abuse of Process, Perjury
Sections:
9.58.010 Malicious prosecution.
9.58.900 Statutes incorporated by reference.
9,58.010 Malicious prosecution.
Every person who shall, maliciously and without probable cause therefor cause or
attempt to cause another to be arrested or proceeded against for any misdemeanor or
gross misdemeanor of which he is innocent shall be guilty of a misdemeanor.
9.58.900 Statutes incorporated by reference.
The following statute is incorporated in this Chapter by reference:
RCW 9.62.020 (Instituting suit in name of another)
RCW 9A.72.010 (Definitions)
RCW 9A.72.040' (False swearing)
RCW 9A.72,060 (Perjury and False Swearing - Retraction)
RCW 9A,72.070 (Perjury and False Swearing - Irregularities - No defense)
RCW 9A.72.140 (Jury tampering)
RCW 9A.72.150 (Tampering with physical evidence)
Chapter 9.62
Miscellaneous Crimes
Sections:
9.62.900 Statutes incorporated by reference.
9.62.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9.03,010 (Abandoning, discarding, refrigeration equipment)
RCW 9.03.020 (Permitting unused equipment to remain on premises)
RCW 9.03.040 (Keeping or storing equipment for sale)
RCW 9.73.010 (Divulging telegram)
RCW 9.73.020 (Opening sealed letter)
RCW 9.91.010 (Denial of civil rights--Terms defined)
RCW 9.91.025 (Unlawful bus conduct)
RCW 9.91.060 (Leaving children unattended in parked automobile)
RCW 9.91.110 (Metal buyers--Records of purchases)
Ordinance No. 5682
June 10, 2002
Page 31
Chapter 9.66
Nuisances
Sections:
9.66.010 Unlawful depositing in refuse in containers.
9.66.900 Statutes incorporated by reference.
9.66.010 Unlawful depositing in refuse in containers.
It is unlawful for any person to dump or deposit garbage in garbage or refuse containers
or next to garbage or refuse containers on the property of another where the result
would be to increase or add to the garbage collection service needs of the owner of the
property on which the garbage or refuse container is located. Violation of this Section
shall constitute a misdemeanor.
9.66.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9.91.130 (Disposal of trash in charity donation receptacle)
RCW 70.93.060 (Littering prohibited - Penalties - Litter cleanup restitution
payment)
Chapter 9.70
Obstructing Governmental Operation
Sections:
9.70.010 Unauthorized communication with prisoner.
9.70.020 Bail Jumping.
9.70.900 Statutes incorporated by reference.
9.70,010 Unauthorized communication with prisoner.
Every person who, not being authorized by law, or by an officer authorized by law, has
any verbal communication with any prisoner in the city jail or brings into or conveys out
of the city jail any writing, clothing, food, tobacco, or any article whatsoever, is guilty of a
misdemeanor, it is also unlawful for any person to loiter in or about any city detention
facility for the purpose of engaging in any conduct prohibited in this Section.
9.70.020 Bail Jumping.
Any person who has been charged with or convicted of a misdemeanor or gross
misdemeanor and who has been released by court order from a court located in the
City of Auburn or admitted to bail with such court order or bail including the requirement
of a subsequent personal appearance before such a court, and who knowingly fails to
appear as required is guilty of bail jumping, a misdemeanor.
9.70.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
Ordinance No. 5682
June 10, 2002
Page 32
RCW 9.27.015 (Interference, obstruction of any court, building, or residence
- Violations)
RCW 9.31.090 (Escaped prisoner recaptured)
RCW 9A.76.010 (Definitions)
RCW 9A.76.020 (Obstructing a law enforcement officer)
RCW 9A.76.030 (Refusing to summon aid for a peace officer)
RCW 9A.76.040 (Resisting Arrest)
RCW 9A.76.050 (Rendering criminal assistance--Definition of term)
RCW 9A.76.060 (Relative--Defined)
RCW 9A.76.080 (Rendering criminal assistance in the second degree)
RCW 9A.76.090 (Rendering criminal assistance in the third degree)
RCW 9A.76,100 (Compounding)
RCW 9A.76.130 (Escape in the third degree)
RCW 9A.76.160 (Introducing contraband in the third degree)
RCW 9A.76.175 (Making a false statement to a police officer)
RCW 9A.80.010 (Official Misconduct)
Chapter 9.74
Pawnbrokers and Secondhand Dealers
Sections:
9.74.900 Statutes incorporated by reference.
9.74.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 19.60.010 (Definitions)
RCW 19.60.020 (Duty to record information)
RCW 19.60.040 (Report to chief law enforcement officer)
RCW 19.60.045 (Duties upon notification that property is reported stolen)
RCW 19.60,050 (Retention of property by pawnbrokers - Inspection)
RCW 19.60.055 (Retention of property by second-hand dealers - Inspection)
RCW 19.60.066 (Prohibited acts - Penalty)
RCW 19.60.085 (Exemptions)
Chapter 9.78
Public Disturbance
Sections:
9.78.010 Disorderly conduct.
9.78.020 Causing unnecessary emergency response.
9.78.900 Statutes incorporated by reference.
9.78.010 Disorderly conduct.
Ordinance No, 5682
June 10, 2002
Page 33
A. A person is guilty of disorderly conduct if he or she'
1. Fights or encourages others to fight in any public place within the
city;
2. Willfully annoys, molests, bothers, insults, offers an affront to
another person and thereby intentionally creates the risk of assault;
3. Willfully breaks, impairs, injures or defaces any building, fence,
awning, window, sign, signboard, tree, shrub, or other thing of value being the
property of another;
4. Intentionally obstructs vehicular or pedestrian travel or traffic
without lawful authority;
5. Removes, interferes with, carries away or destroys the property of
another, or tears down, destroys or mutilates any notice or handbill lawfully
posted in the city;
6. Intentionally disrupts any lawful assembly or meeting of persons
without lawful authority;
7. Looks into the windows of the residence of another without a lawful
right to do so; and,
9. Urinates or defecates in any place open to the public view, other
than in a restroom or toilet facility.
B. Disorderly conduct is a misdemeanor.
9.78.020 Causing unnecessary emergency response.
It shall be unlawful for any person to intentionally and maliciously engage in any activity
or take any action which causes or is likely to cause the needless or unnecessary
expenditure of emergency response resources of the City or of any public or private
emergency response organization. A violation of this Section shall constitute and be
punishable as a misdemeanor.
9.78.900 Statutes incorporated by reference.
The following statute is incorporated in this Chapter by reference:
RCW 9A.84.010 (Rioting [other than that prosecutable as a felony])
RCW 9A.84.020 (Failure to disperse)
RCW 9A.84.040 (False reporting)
Chapter 9.82
Public Indecency, Prostitution, Sex Cdmes
Sections:
9.82.010 Indecent exposure.
9.82.020 Body studios prohibited.
9.82.030 Body studios declared a public nuisance.
9.82.040 Designation of anti-prostitution emphasis areas.
9.82.050 Violation of conditions of release, suspension or deferral as
separate crime.
Ordinance No. 5682
June 10, 2002
Page 34
9.82.060 Places of prostitution activity declared public nuisances.
9.82.070 Evidence of use for prostitution purposes.
9.82.080 Conviction as prima facie evidence.
9.82.090 Penalties for maintenance of public nuisance.
9.82.900 Statutes incorporated by reference.
9.82.010 Indecent exposure.
Other than where a person has been charged with this offense under circumstances
where that person has previously been convicted of indecent exposure under this
Section or under RCW 9A.88.010, a person is guilty of indecent exposure if he
intentionally makes any open and obscene exposure of his person or the person of
another knowing that such conduct is likely to cause reasonable affront or alarm.
Violation of this Section is a misdemeanor unless the person committing the offense
has exposed himself to a person under the age of fourteen years, in which case it is a
gross misdemeanor.
9.82.020 Body studios prohibited.
A. Definitions. As used in this Section, the following words and phrases shall
have the following respective meanings ascribed to them:
(1) "Body studio" means an premises upon which is furnished for a fee or
charge or other consideration the opportunity to paint, massage, feel, handle or
touch the unclothed body or unclothed portion of the body of another person, or
to be so painted, massaged, felt, handled or touched by another person, or to
observe, view or photograph any such activity, and shall include any such
premises which is advertised or represented in any manner whatsoever as a
"body painting studio," "model studio," "sensitivity awareness studio" or any other
expression or characterization which conveys the same or similar meaning and
leads to the reasonable belief that there will be furnished on any such premises
for a fee or charge or other consideration the opportunity to paint, massage, feel,
handle or touch the unclothed body or an unclothed portion of the body of
another person, or to be so painted, massaged, felt, handled or touched by
another person, or to observe, view or photograph any such activity.
"Body studio" as defined in this Section shall not include massage businesses
defined and regulated by Chapter 18.108 RCW, reducing salons or any studio
which functions as a part of and under the direct supervision of an institution, the
curriculum for which institution is approved by the Office of the State
Superintendent of Public Instruction of the State of Washington. "Body studios"
shall also not include instances where individuals pay a fee to have decorations
painted on their faces, hands or arms, in connection with church, civic or
community celebrations and events.
(2) "Model studio" means any premises where the primary purpose of the
business is the furnishing of persons as models for a fee or charge or other
consideration for the purpose of sketched, painted, drawn, sculptured,
photographed or otherwise depicted in such a manner or under circumstances
which constitute lewd conduct consistent with the definition and description of
Ordinance No. 5682
June 10, 2002
Page 35
lewd matter and lewdness provided in Chapter 7.48 RCW dealing with moral
nuisances.
"Model studio" as defined in this Section shall not include any studio which
functions as a part of and under the direct supervision of any institution, the
curriculum for which institution if approved by the Office of the State
Superintendent of Public Instruction of the State of Washington, or which
functions to provide models who are sketched, painted, drawn, sculptured,
photographed or otherwise depicted for the purpose of commercial sale or
advertising.
B. Unlawful conduct.
(1) It is unlawful for any person, firm or corporation to operate, conduct or
maintain a body studio or model studio as defined in subsection A. of this
Section.
(2) It is unlawful for any person, on the premises of a body studio or model
studio to paint, massage, feel, handle or touch the unclothed body or an
unclothed portion of the body of another person, or to be so painted, massaged,
felt, handled or touched by another person, or to observe, view or photograph
any such activity or to engage in any such activity for the purpose of being
observed, viewed or photographed.
C. Separate offenses.
(1) Each day of operating, conducting or maintaining a body studio or a
model studio in violation of subsection B. (1) of this Section shall constitute a
separate offense.
(2) Each incident of unlawful conduct prohibited by subsection B. (2) of
this Section shall constitute a separate offense.
9.82.030 Body studios declared a public nuisance.
Any use of property within the City of Auburn as a body studio or model studio as
defined in Section 9.82.020 is a public nuisance, subject to prevention or abatement by
injunction or other appropriate legal remedy in the Superior Court of the State of
Washington in and for the county in which the property is located.
9.82.040 Designation of anti-prostitution emphasis areas.
Certain areas of the City shall be designated as and identified to be anti-prostitution
emphasis areas based on the repeat incidents of prostitution activities occurring
therein, and enhanced penalties shall be applied in event of conviction of unlawful acts
of prostitution, prostitution loitering, permitting prostitution or pandering, or patronizing a
prostitute, within the said areas. The areas to be so designated shall be identified by
the City Council in a Resolution passed after consultation with the City Manager, City
Attorney and the chief law enforcement officer of the City, and the list identifying such
areas shall be kept on file in the office of the City Clerk. Additional areas may also be
identified by the Judge of the Municipal or District Court headng prostitution cases
arising from within the City. If a defendant is convicted of prostitution or a prostitution
related case occurring from within an area designated as an anti-prostitution emphasis
area, a condition or term of sentence, deferral, or suspension, shall be that such
Ordinance No. 5682
June 10, 2002
Page 36
defendant shall stay out of all areas of the City designated as an anti-prostitution
emphasis areas, unless there are significant and substantial extenuating circumstances
in the defendant's particular case justifying avoidance of the requirement for such
condition or term of sentence, deferral, or suspension. In such case, the significant and
substantial extenuating cimumstances shall be identified and recited in the record of the
case.
9.82.050 Violation of conditions of release, suspension or deferral as separate
crime.
The presence of any person within an anti-prostitution emphasis area in violation of
court-imposed conditions of release or conditions of suspension or deferral of any
sentence shall constitute a separate crime hereby designated a gross misdemeanor
and any such person may be apprehended and arrested without the necessity for any
warrant or additional court order. Upon conviction, any person so violating the
conditions of release or conditions of suspension or deferral shall be punished by
imprisonment in jail for a maximum term fixed by the court of not more than one (1)
year, or by a fine in an amount fixed by the court of not more than five thousand dollars
($5,000.00), or by both such imprisonment and fine.
9.82.060 Places of prostitution activity declared public nuisances.
Any building, structure or place within the City used for the purpose of prostitution or
pandering as defined in this Chapter is hereby declared to be a public nuisance.
9.82.070 Evidence of use for prostitution purposes.
A. Two or more criminal convictions of persons for acts of prostitution in a
building, structure or place, within the one-year period preceding the commencement of
an action under this Chapter shall give rise to a rebuttable presumption that the
building, structure or place has been used for the purposes of prostitution and is a
public nuisance. In any action under this Chapter, evidence of the common fame and
general reputation of the building or place, of the inmates or occupants thereof, or of
those resorting thereto, shall be admissible as evidence to prove the existence of the
public nuisance but must be supported by additional evidence. Evidence of the general
reputation of the building or place, or of the inmates or occupants thereof that is
sufficient to establish the existence of the public nuisance, shall be prima facie
evidence of knowledge thereof and acquiescence and participation therein and
responsibility for the nuisance by persons or legal entities having an interest in the
property. Responsibility for the nuisance shall extend to the owners, lessors, lessees
and all those in interest in any form in the property, real or personal, used in conducting
or maintaining the public nuisance.
B. Evidence of cooperation by owners, agents or managers of a building or place
with police investigations or operations to control prostitution may be used to rebut the
presumptions created in this Chapter.
9.82.080 Conviction as prima facie evidence.
O~inance No. 5682
June 10, 2002
Page 37
Any conviction of any owner, manager, operator, agent or employee for promoting
prostitution, for prostitution or pandering, for prostitution loitering, or for permitting
prostitution, when such offense was related to any business or commercial enterprise,
shall be prima facie evidence that the building, structure or place upon or in which
business or commercial enterprise is or was conducted, was used for prostitution.
9.82.090 Penalties for maintenance of public nuisance.
Maintenance of a public nuisance as declared herein, in addition to any other civil or
cdminal penalties, shall result in a civil penalty not less than five hundred dollars
($500.00) nor more than one thousand dollars ($1,000.00) for a first conviction of
maintaining a public nuisance and by abatement by closure of such business or
commercial enterprise for the period of thirty (30) days for each subsequent conviction
of maintaining a public nuisance.
9.82.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9.68.050 (Indecent articles, etc.)
RCW 9.68.130 · (Sexually explicit material - Defined - Unlawful display)
RCW 9.68A.150 (Allowing minor on premises of live erotic performance)
RCW9.68A.160 (Penalty [Allowing minor on premises of live erotic
performance])
RCW 9A.44.096 (Sexual misconduct with a minor in the second degree)
RCW 9A.88.030 (Prostitution)
RCW 9A.88.050 (Prostitution--Sex of parties immaterial--No defense)
RCW 9A.88.060 (Promoting prostitution - Definitions)
RCW 9A.88.090 (Permitting prostitution)
RCW 9A.88.110 (Patronizing a prostitute)
Chapter 9-A89.88
Social Card Games
Sections:
9-.~89.88.010 Prohibited.
9. ~, 89.88.020 Existing operations.
9-.~89.88.030 Definitions.
9A89.88.040Violation - Penalty.
9-.-_1~9~88.010 Prohibited.
In accordance with RCW 9.46.295, the operation or conduct of social card
games by a person, association, or organization as a commercial stimulant is prohibited
within the city of Auburn; provided, that bona fide charitable or nonprofit organizations
may operate or conduct social card games if social card games have been duly
licensed by the Washington State Gambling Commission and if they are otherwise
Ordinance No. 5682
June 10, 2002
Page 38
operator conducted and in compliance with the Auburn City Code. (Ord. 5250 § 2,
1999. Formedy 9.14.010.)
9. !89.88.020 Existing operations.
Those establishments currently licensed by the Washington State Gambling
Commission and/or lawfully operating in the city as of June 7, 1999, may continue to
operate social card games as a commercial stimulant. (Ord. 5250 § 3, 1999. Formerly
9.14.020.)
9-.-.-.-.-.-.-.-.-.~89.88.030 Definitions.
For the purposes of this chapter the words and terms used herein shall have the
same meaning given to each pursuant to Chapter 9.46 RCW, as the same may exist
and from time to time be amended; and is set forth in the Rules of the Washington
State Gambling Commission, Chapter 230 WAC, as the same may exist or hereafter be
amended, unless otherwise specifically provided herein. (Ord. 5250 § 5, 1999. Formerly
9.14.030.)
9~,9.88.040Violation - Penalty.
Any person who violates or fails to comply with the previsions of this chapter
shall be guilty of a misdemeanor and punishable pursuant to Auburn City Code. (Ord.
5250 § 4, 1999. Formerly 9.14.040.)
Chapter 9-.-.-.-.-.-.-.-.-.429.90
Street Use Restrictions
Sections:
9-A-29.90.010 Imposition authorization - Limitations.
9.129.90.020 Notice of restrictions and signing.
9-.-.-.-.-.-.-.-.-.~29.90.030 Violations - Penalty.
9-A-2-9.90.010 Imposition authorization - Limitations.
A. The city engineer, with respect to public highways, roads streets and
thoroughfares within the city's jurisdiction, may prohibit the operation thereon of trucks
or any other vehicles, except the operation of school buses, public transit and
emergency vehicles, or may impose limits as to weights, may determine haul routes for
local trips, or any other restrictions as may be deemed necessary including whenever
the city engineer determines that any public highway road street or thoroughfare would
be seriously damaged or destroyed by reason of rain, snow, severe winter freeze, other
climatic conditions or any other conditions including deficient structural integrity if
unrestricted use is continued.
B. The city engineer shall not, however, prohibit the use of any city street
designated by the State Highway Commission as forming the part of the route of any
primary state highway through the city, by vehicles or any class of vehicles, or impose
any restrictions or reductions in permissible weights unless the restriction, limitation,
Ordinance No. 5682
June 10, 2002
Page 39
prohibition or reduction in permissible weight is first approved in writing by the State
Highway Commission. (Ord. 5319 § 2, 1999.)
9~29.90.020 Notice of restrictions and signing.
A. Except on public highways, roads, streets and thoroughfares specifically
designated as truck routes herein, the city engineer shall erect, or cause to be erected
and maintained, signs designating the provisions of the weight limit at each end of the
portion of any public highway, road, street or thoroughfare affected by such limitations,
and no such limitations shall be effective unless the signs are in place.
B. The city engineer shall erect or cause to be erected and maintained, signs
designating the following public highways, roads, street or thoroughfares within the
limits of the city of Auburn as truck routes for all vehicles rated in excess of 30,000
pounds gross weight (GW) as defined for the purposes of this chapter by RCW
46.16.111 as adopted by reference, including all future amendments or additions
thereto by Chapter 10.06 ACC.
State Route 167 (Valley Freeway);
State Route 181;
State Route 18;
State Route 164 (Auburn Way South, South of State Route 18);
Auburn-Black Diamond Road (East of the Burlington Northern Crossing in
Auburn);
41st. Street S.E.;
"M" Street S.E. - 12th Street S.E. to State Route 164 (A.W.S.);
12th Street S.E. - "M" Street S.E. to "A" Street S.E.;
Ellingson Road;
Kersey Way;
"R" Street S.E. South of 37th Street S.E.;
"A" Street S.E. - 6th Street S.E. to Southern end of City Limits;
15th Street N.W. - West of State Route 167;
6th Street S.E. - West of State Route 164 (A.W.S.);
17th Street S.E. -"M" Street S.E. to "A" Street S.E.
C. All other streets within the limits of the city of Auburn shall be restricted to
allow only vehicles rated under 30,000 pounds GW, except for local deliveries which
shall be defined, for the purpose of this chapter, as all deliveries with destinations or
origins within the limits of the city of Auburn unless otherwise posted.
D. All such local deliveries to or from the same site numbering 10 trips or more
per day shall be subject to route restrictions and designations by the city engineer as
provided in ACC 9-.-.-.-.-.-.-.-.-.~29.90.010. (Ord. 5319 § 2, 1999.)
9A29.90.030Violations - Penalty.
When any public highway, road, street or thoroughfare within the city's
jurisdiction is either closed or restricted as to use, any person, firm or corporation
disregarding such closure or restriction of use shall be guilty of a misdemeanor, and
shall in addition to any criminal penalty for violation of provisions of this chapter, be
liable in any civil action instituted in the name of the city of Auburn for any damages
Ordinance No. 5682
June 10, 2002
Page 40
occurring to any public highway, road, street or thoroughfare with the city's jurisdiction
as a result of disregarding such closure or use restriction. (Ord. 5319 § 2, 1999.)
Chapter 9.94
Theft
Sections:
9.94.010 Unlawful issuance of checks or drafts.
9.94.900 Statutes incorporated by reference.
9.94.010 Unlawful issuance of checks or drafts.
A. Any person who shall, with intent to defraud, make, or draw or utter, or deliver
to another person any check or draft, on a bank or other depository for the payment of
money, knowing at the time of such drawing or delivery, that he has not sufficient funds
in, or credit with said bank or other depository, to meet said check or draft, in full, upon
its presentation, shall be guilty of unlawful issuance of bank check. The word "credit",
as used in this Section, shall mean an arrangement or understanding with the bank or
other depository for the payment of such check or draft, and the uttering or deliver or
such check or draft to another person without such fund or credit to meet the same
shall be prima facie evidence of an intent to defraud.
B. Any person who shall, with intent to defraud, make, or draw or utter, or
deliver to another person, any check or draft on a bank or other depository for the
payment of money, and who issues a stop-payment order directing the bank or
depository on which the check is drawn not to honor said check, and who fails to make
payment of money in the amount of the check or draft or otherwise arrange a
settlement agreed upon by the holder of the check within twenty days of issuing said
check or draft, shall be guilty of unlawful issuance of bank check.
C. Unlawful issuance of a bank check in an amount of two hundred fifty
dollars or less is a misdemeanor.
9.94.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9A.56.010 (Definitions.)
RCW 9A.56.020 (Theft - Definition - Defense.)
RCW 9A.56.050 (Theft in the third degree.)
RCW 9A.56.100 (Theft and larceny equated.)
RCW 9A.56.140 (Possession stolen property - Definition - Access devices,
presumption.)
RCW 9A.56.170 (Possessing stolen property in the third degree.)
RCW 9A.56.180 (Obscuring identity of a machine.)
RCW 9A.56.220 (Theft of cable television services)
RCW 9A.56.230 (Unlawful sale of cable television services)
RCW 9A.56.240 (Forfeiture and disposal of device used to commit violation)
RCW 9^.56.260 (Connection of channel converter)
Ordinance No. 5682
June 10, 2002
Page 41
RCW 9A.56.270 (Shopping cart theft)
Chapter 9.96
Trespass and Burglary Tools
Sections:
9.96.010 Defying order to leave premises.
9.96.900 Statutes incorporated by reference.
9.96.010 Defying order to leave premises.
Every person, knowing that he is not licensed or privileged to remain, who defies an
order to leave public or private places, or public or private premises, communicated to
him by the owner of said place or premises or by some other authorized person, within
the city, is guilty of a misdemeanor.
9.96.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9A.52.010 (Definitions.)
RCW 9A.52.060 (Making or having burglar tools.)
RCW 9A.52.070 (Criminal trespass in the first degree.)
RCW 9A.52.080 (Criminal trespass in the second degree.)
RCW 9A.52.090 (Criminal trespass - Defenses.)
RCW 9A.52.100 (Vehicle prowling in the second degree)
RCW 9A.52.120 (Computer trespass in the second degree)
Chapter 9.98
Trespassing on School Property
Sections:
9.98.010 Designated.
9.98.020 Definitions.
9.98.030 Lawful purpose or authorization.
9.98.040 Posting of notices.
9.98.050 Recreational area excepted.
9.98.060 Statutory authority.
9.98.010 Designated.
A person shall be guilty of the crime of trespassing on school property if said person is
on school property located within the City, where said property is posted as per Section
9.98.040 without lawful purpose or authorization as defined in Section 9.98.030.
9.98.020 Definitions.
For the purpose of this Chapter, the words set out in this Section shall have the
following meanings:
Ordinance No. 5682
June 10, 2002
Page 42
A. "Actual attendance at an event" means inside the school-owned area for
which admittance fees are required, or if attendance fees are not required, that area
inside which a fee would have been required had the school district or administration
determined to charge for admittance.
B. "School property" means that property which is owned by the Clover Park
School District or any other school located within the city.
C. "Student" means a person of school age who is duly enrolled in a school
in the Clover Park School District, and who is not currently under suspension from
attendance at classes of said school and/or district.
D. "Recreational area" means those areas established by the Clover Park
School District, and by the administration of any other school located within the city, for
use during non-school hours for recreational activities, including, but not limited to,
basketball, tennis, baseball, football and soccer.
E. "Authorized individual" means any administrator or employee of the
school, or other person delegated with the responsibility of supervision for school
property.
9.98.030 Lawful purpose or authorization.
"Lawful purpose or authorization" shall be defined as follows:
A. Those persons who are on school property for the purpose of conducting
lawful business;
B. A student assigned to the school at which he or she is found within one-
half hour before and one-half hour after the beginning or the conclusion of official
school hours as set by the school distdct or administration.
C. If said student is engaged in athletic or other extracurricular events
sponsored by the school, then said student shall have sixty minutes after the close of
such event to leave the premises;
D. If a non-student, other than the parent of a student, is on the premises for
the purpose of delivering a student or picking up a student from school or from an event
as described in subsection C of this Section, said non-student, must have the
permission of the parent or guardian of said student to pick up said student; the time
period for this non-student to be on the school property is fifteen minutes prior to and
fifteen minutes after school hours and/or extracurricular activities; in addition, a non-
student, other than a parent or guardian of a student, shall not be present on school
property during lunch or recess periods;
E. In the event that the extracurricular activity, such as sporting events,
concerts, meetings, presentations, instructional programs, dances, and the like, permits
non-students to attend, then the non-student may remain on the premises involved
only, and must depart within sixty minutes after the end of such event;
F. To be included in the interpretation of lawful purpose or authorization for
extracurricular events, the non-student must be in actual attendance of the event;
actual attendance does not permit gathering in parking lots or other school area
adjacent to buildings or stadiums during the activity; persons not in actual attendance of
an event but on school property will be deemed to be trespassing;
Ordinance No. 5682
June 10, 2002
Page 43
G. In all cases a non-student will be guilty of trespassing if said person fails
to leave the school property after being ordered to do so by an authorized individual.
9.98.040 Posting of notices.
The school authorities must post notices on their property which shall read as follows:
ANY PERSON ON THESE PREMISES WITHOUT LAWFUL
PURPOSE OR AUTHORIZATION SHALL BE GUILTY OF
TRESPASSING. AUBURN CITY CODE CHAPTER 9.98
9.98.050 Recreational area excepted.
Those students and non-students who are making recreational use of the areas
designated by the Clover Park School District or the administration of any other schools
located within the city, as recreational areas outside school hours whose conduct is
otherwise lawful, will not be deemed to be trespassing.
9.98.060 Statutory authority.
The provisions of Section 28A.87.010 and Section 28A.87.055 of the Revised Code of
Washington are adopted by reference, in this Section, as if fully set forth, and as may
be hereinafter amended.
SECTION TWO. GENERAL SEVERABILITY.
That if any provision of this Ordinance or the application thereof to any person or
circumstance is held to be invalid, the remainder of such code, ordinance or regulation
or the application thereof to other person or circumstances shall not be affected.
SECTION THREE. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as may
be necessary to carry out the directives of this legislation.
SECTION FOUR. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication of the
Ordinance Summary.
INTRODUCED: JUL ! Ii Z00Z
PASSED: JUL Z 6 2002
APPR~
PETER B. LEWIS, MAYOR
Ordinance No. 5682
June 10, 2002
Page 44
ATTEST:
Danielle E. Daskam, City Clerk
APP~,O/V'ED ~0 FORM~
D~nie'q'B. He~'O'T~ity Attorney~
PUBLISHED: "~'-j~"~ ~--
Ordinance No. 5682
June 10, 2002
Page 45