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802_00001ORDINANCE NO.802 AN ORDINANCE REPEALING PORTIONS OF TITLE 7 OF THE MOSES LAKE CITY CODEENTITLED"OFFENSES",EXCEPTING EXISTING CKAPTERS 7.15,7.18 AND 7.24,AND AMENDING CERTAIN PORTIONS OF CHAPTERS 7.15 AND 7.18,AND ENACTINGTHEMOSESLAKECITYCRIMINALCODE,ENUMERATING CRIMINAL OFFENSES ANDPRESCRIBINGPUNISHMENTTHEREFORE,NOT TO EXCEED NINETY (90)DAYS INJAILORAFINEORFIVERUNDREDDOLLARS,OR BOTH. THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON,DO ORDAIN AS FOLLOWS:I Section 1.CRIMINAL CODE -The following shall be the Criminal code for the City ofMosesLake. CHAPTER 7.04 -Repeals and Amendments 7.04.04 SPECIFIC REPEAL Chapters 7.2,7.4,7.6,7.8,7.10,7.12,7.13,7.14,7.16,7.17,7.19,7.20,7.22,and 7.26 are hereby repealed in their entirety. 7.04.08 PARTIAL REPEAL -CHAPTER 7.15 Subsections (h),(1),(m),(n),(P),(q),and (r)of Section 7.15.04,that portion of Section 7.15.12 which reads "and uponconvictionthereofshallbefinedinanysumnotexceedingThreeHundred($300.00)Dollars,or imprisonment in the city jail for a period not exceeding ninety (90)daysorbothsofinedandimprisoned"and Section 7.15.36 are hereby repealed in theirentirety. 7.04.12 PARTIAL REPEAL -CHAPTER 7.18 That portion of 7,18.08 which reads "anduponconvictionthereofshallbefinednotexceedingThreeHundredDollarsorbyimprisonmentinthecityjailforaperiodnotexceedingninety(90)Days or bothfineandimprisonment"is hereby repealed in its entirety. 7.04.16 AMENDMENTS TO CHAPTER 7.15 Subsection (j)of Section 7.15.04 is amendedbydeletingtheperiodattheendofthesubsectionandaddingthewords"exceptasapprovedbyresolutionoftheCityCouncil."Subsection (k)of Section 7.15.04 i is amended by rewording the phrase "the enforcing agency"to read "resolution oftheCityCouncil". CHAPTER 7.08 -Definitions 7.08.04 DEFINITIONS The following words or phrases shall be construed as definedinthissectionunlessfromthecontextadifferentmeaningisintendedorunlessadifferentmeaningisspecificallydefinedandmoreparticularlydirectedtotheuseofsuchwordorphrases: A."Detention facility"means any place used for the confinement of a person (a)arrested for,charged with or convicted of an offense,or (b)otherwise confinedpursuanttoanorderofacourt. E,"Intent"A person acts with intent or intentionally when he acts with theobjectiveorpurposetoaccomplisharesultwhichconstitutesacrime. C."Knowledge".A person knows or acts knowingly or with knowledge when he isawareofafact,facts,or circumstances or result described by an ordinance de-fining an offense,or he has information which would lead a reasonable man in thesamesituationtobelievethatfactsexistwhichfactsaredescribedbystatutedefininganoffense. D."Malice"and "maliciously"shall import an evil intent,wish,or design to vez,annoy,or injure another person.Malice may be inferred from an act done in will-I ful disregard of the rights of another,or an act wrongfully done without just causeorexcuse,or an act or omission of duty betraying a willful disregard of socialduty. E."Peace officer"means a duly appointed city enforcement officer. F."Premises"includes any building,dwelling,or any real property. Ord.No.802/Pg.2 G."Recklessness".A person is reckless or acts recklessly when he knows of and disregards a substantial risk that a wrongful act may occur and his disregard of such substantial risk is a gross deviation from conduct that a reasonable man would exercise in the same situation. B."Theft"means (1)To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof,with intent to deprive him of such property or services;or (2)by color or aid of deception to obtain control over the property or services of another or the value thereof,with intent to de- prive him of such property or services;or (3)to appropriate lost or misdelivered property or services of another,or the value thereof,with intent to deprive him of such property or services. I."Value"means the market value of the property or services at the time and in the approximate area of the criminal act;whether or not they have been issued or delivered, written instruments,except those having a readily ascertained market value,shall be evaluated as follows:(1)The value of an instrument constituting an evidence of debt, such as a check,draft,or promissory note,shall be deemed the amount due or collec- tible thereon or thereby,that figure ordinarily being the face amount of the indebt- edness less any portion thereof which has been satisited;(2)The value of a ticket or equivalent instrument which evidences a right to receive transportation,entertainment, or other service shall be deemed the price thereon,if any;and if no price is stated thereon,the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public;(3)The value of any other instrument that creates,releases,discharges,or otherwise affects any valuable legal right, privilege,or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue .of the loss of the instrument. CKAPTER 7.12 -Anticipatory offense 7.12.04 CRIMINAL ATTEMPT (1)A person is guilty of an attempt to commit a crime enumerated in this Ordinance if,with intent to commit a specific crime,he does any act which is a substantial step toward the commission of that crime;(2)If the conduct in which a person engages otherwise constitutes an attempt to commit a crime enumerated in this Ordinance,it is no defense to a prosecution of such attempt that the crime charged to have been attempted was,under the attendant cir- constances,factually or legally impossible of commission. CKAPTER 7.16 -Criminal Assistance 7.16.04 COMPLICITY -GUILT A person is guilty of complicity if a crime is committed by the conduct of another and he intentionally causes an innocent or irresponsible person to engage in such conduct or if he,with knowledge that it will promote or facilitate the commission of a crime,solicits,commands,encourages or requests such other person to commit it or aid or agrees to aid such other person in planning or committing it. 7.16.08 COMPLICITY -CONVICTION A person may be convicted on proof of the commission of the crime and of his complicity therein,though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or has been acquitted. CHAPTER 7.20 -offenses Against the Person 7.20.04 SIMPLE ASSAULT Any person who unlawfully attempts to do bodily harm to another or does an unlawful act of violent injury to the person of another not amounting to felonious assault shall be guilty of simple assault. 7.20.08 RECKLESS ENDANGERMENT A person is guilty of reckless endangerment when he recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person. 7.20.12 LEAVING CHILDREN UNATTENDED IN PARKED AUTOMOBILE Every person having the care and custody,whether temporary or permanent,of minor children,or of a minor child,under the age of 12 years,who shall leave such children or child in a parked automobile unattended by an adult while such person enters a premise where liquor is dispersed for consumption on the premises is guilty of leaving children un- attended in parked automobile. Ord.No.802/Pg.3 CHAPTER 7.24 -Dangerous Weapons 7.24.04 SHORT FIREARM OR PISTOL -LICENSE REQUIRED (1)It shall be a violation ofthissectionforanyonetocarryanyfirearmwithabarrellessthantwelveinchesinlengthinanyvehicle,unless it is unloaded or concealed about his person,except in his place of abode or fixed place of business,without a license,asprovidedinRCWChapter9.41.(2)This section shall not apply to marshals,sheriffs,prison or jail wardens or their deputies,policemen or other law enforce-ment officers,or to members of the Army,Navy or Marine Corps of the United StatesoroftheNationalGuardororganizedreserveswhenonduty,or to officers oremployeesoftheUnitedStatesdulyauthorizedtocarryaconcealedpistol,or toIanypersonengagedinthebusinessofmanufacturing,repairing,or dealing in fire-arms or the agent or representative of any such person having in his possession,using,or carrying a pistol in the usual or ordinary course of such business ortoanypersonwhilecarryingapistolunloadedandinasecurewrapperfromtheplaceofpurchasetohishomeorplaceofbusinessortoaplaceofrepairorbacktohishomeorplaceofbusinessorinmovingfromoneplaceofabodeorbusinesstoanother. 7.24.08 CONCEALED WEAPONS It shall be a violation of this section for anyone tocarryorhaveabouthispersoninanywayconcealedorhiddenfromfullview,anygun,metal knuckles,dagger,dirk,stilletto,poniard,sword,knife with a bladeofwhichisautomaticallyreleasedbyaspringmechanismorothermechanicaldevice,or any knife having a blade which opens,or falls,or is ejected into position bytheforceofgravity,or by an outward,downward or centrifugal thrust or movement,or other dangerous weapon of any kind or device,while in or upon any street,avenue,alley,boulevard,driveway,park,playground or other public way or place,or in anytheater,hall or other building where the public may assemble,or in any railroadcar,transit bus or coach,vessel or boat,or any other vehicle,place or premisesofpublicuseorcharacterintheCityofMosesLake. 7.24.12 USE AND/OR POSSESSION OF GAS OR SIMILAR IMPLEMENTS (1)It shall be aviolationofthissectionforanyone,other than a peace officer,to deposit,leave,place,spray,scatter,spread,throw or possess any stink bomb,stink paint,tearbomb,tear shell,gas pen,gas pencil,gas pistol,explosive or flame producingidevice,or any other device,material,chemical or substance,which,when explodedoropened,or without such exploding or opening,by reason of its offensive andpungentodor,does.or will annoy,injure,endanger,.or inconvenience any person orpersons.(2)It is a defense to this section that the implement was possessed orusedwhileinthenormalcourseofemploymentandduringnormalhoursofemploymentforprotectionfromanimals. 7.24.16 SALE OF CERTAIN WEAPONS PROHIBITED It shall be a violation of this sectiontosellanyknifewiththebladeofwhichisautomaticallyreleasedbyaspringmech-anism or other mechanical device,or any knife having a blade which opens,or falls,or is ejected into position by the force of gravity,or by an outward,downward,orcentrifugalthrustormovement,or to sell any brass or other metal knuckles,saps,slaps or gas or similar implement in the City of Moses Lake. 7.24.20 DANGEROUS EXHIBITION Every proprietor,lessee or occupant of any place.ofamusement,or any plat of ground or building,who shall allow it to be used for theexhibitionofskillinthrowinganysharpinstrumentorinshootinganybowgun,pistol or firearm of any description,at or toward any human being,shall be guiltyofdangerousexhibition. 7.24.24 BRANDISHING A WEAPON It shall be a violation of this Section for anyonetocarry,exhibit,dispiay or draw any firearm,dagger,sword,knife or other cuttingorstabbinginstrument,club,or any other weapon apparently capable of producingbodilyharm,in a manner,under circumstances,and at a time and place that.eitherimanifestsanintenttointimidateanotherorthatwarrantsalarmforthesafety ofotherpersons.-(2)This section shall.not apply to or affect the following:(a)Any act committed by a person while in his place.of abode.or fixed place of business;03)Any person who by virtue of his office or public employment is vested by law withadutytopreserve.public safety,:maintain public order,or to make.arrests foroffenses,.while in the performance of such.duty;(c)Any person acting for the pur-pose of protecting himself against the use of presently threatened unlawful force byanother,or for the purpose of protecting another against the use of such unlawfulforcebyathirdperson;(d)Any person making or assisting in making a lawfularrestforthecommissionofafelony;or (3)Any person engaged in military activi-ties sponsored by the federal or state governments. Ord.No.802/Pg.4 7.24.28 DISCHARGING A WEAPON (1)A person is guilty of discharging a weapon if that person fires off and/or discharges any gun,pistol,firearm or bomb within the City limits.(2)This section does not apply to peace officers while in the perform- ance of their duties or persons target shooting in a duly licensed shooting gallery. CHAPTER 7.28 -obstructing Government 7.28.04 OBSTRUCTING A PUBLIC SERVANT Every person who,(a)without lawful excuse shall refuse or knowingly fail to make or furnish any statement,report,or informa- tion lawfully required of him by a public servant,or (b)in any such statement or report shall make any knowingly untrue statement to a public servant,or (c)shall knowingly hinder,delay,or obstruct any public servant in the discharge of his official powers or duties;shall be guilty of obstructing a public servant. 7.28.08 REFUSING.TO SUMMONAID FOR A POLICE OFFICER A person is guilty of refus- ing to summon aid for a peace officer if,upon request by a person he knows to be a peace officer he unreasonably refuses or fails to summon aid for such peace officer. 7.28.12 RESISTING ARREST A person is guilty of resisting arrest if he intention- ally prevents or attempts to prevent a peace officer from lawfully arresting him. 7.28.16 ESCAPE (THIRD DEGREE)A person is guilty of escape if he escapes from restraint pursuant to a lawful arrest or an order of a Court. 7.28.20 INTRODUCING CONTRABAND (THIRD DEGREE)A person is guilty of introducing contraband if he knowingly and unlawfully provides any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute,.rule,regulation or order of a court to any person confined in a detention facility. 7.28.24 FAILURE TO APPEAR (1)Any person having been released by court order or admitted to bail with the requirements of a subsequent person appearing before a court,and who knowingly fails without lawful excuse to appear as required is guilty of failure to appear.(2)Unless otherwise established,the failure to appear when required shall be presumed to have been without lawful excuse. 7.28.28 SOUNDING FALSE ALARM OF FIRE (1)Any person who willfully and without cause tampers with,molests,injures or breaks any public or private fire alarm apparatus,emergency phoner radio,or other wire or signal,or any fire fighting equipment,or who willfully and without having reasonable ground for believing a fire exists,sends,gives;transmits,or sounds any false alarm of fire,by shouting in a public place or by means of any public or private fire alarm system or signal, or by telephone is guilty of sounding false alarm of fire.(2)This provision shall not prohibit the testing of fire alarm systems by persons authorized to do so,by a fire department or state fire marshal official. CHAPTER 7.32 -Offenses Against the Public Peace 7.32.04 RIOT A person is guilty of the crime of riot if,acting with three or more other persons,he knowingly and unlawfully uses or threatens to use force,or in any way participates in the use of such force,against any other person or against property. 7.32.08 FAILURE TO DISPERSE A person is guilty of failure to disperse if he congregates with a group of three or more other persons and there are acts of con- duct within that group that create a substantial risk of causing injury to any person,or substantial harm to property,and he refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law. 7.32.12 DISORDERLY CONDUCT A person is guilty of disorderly conduct if he:(a) uses abusive language and thereby intentionally creates a risk of assault;or (b)puts his body in a position.to give or take blows or other personal violence in any public place without justification or excuser or (c)intentionally disrupts any lawful assembly or meeting of persons without lawful authority;or (d)intentionally obstructs vehicular or pedestrian traffic without lawful authority. Ord.No.802/Pg.5 7.32.16 FALSE REPORTING A person is guilty of false report if,with knowledgethattheinformationreported,conveyed or circulated is false,he initiates orcirculatesafalse.report or warning of an alleged occurence or impending occuranceofafire,explosion,crime,catastrophe,or emergency knowing that such false reportislikelytocauseevacuationofabuilding,place of assemblY,or transportationfacility,or to.cause.public inconvenience or alarm. CHAPTER 7.36 -Offenses Against Property 7.36.04 .THEFT (THIRD DEGREE)(1)A person is guilty of theft if he commits theftiofpropertyorserviceswhichdoesnotexceedTwoHundredandFifty($250.00)Dollarsinvalue.(2)It shall be a defense to a prosecution for theft that the property orservicewasappropriatedopenlyandunderagoodfaithclaimoftitle. 7.36.08 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS (1)Any person who shall with intenttodefraud,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 in an amount of Two HundredandFifty($250.00)Dollars or 1888,knowing at the time of such drawing,or delivery,that he has not sufficient funds in,or credit with said bank or other depository,tomeetsaidcheckordraft,in full upon its presentation,shall be guilty of unlawfulissuanceofchecksordrafts.The word "credit"as used herein shall be construedtomeananarrangementorunderstandingwiththebankorotherdepositoryforthepaymentofsuchcheckordraft.(2)The uttering or deliverying of such a check ordrafttoanotherpersonwithoutsuchfundorcredittomeetthesameshallbeprimafacieevidenceofanintenttodefraud. 7.36.12 POSSESSING STOLEN PROPERTY (THIRD DEGREE)(1)A person is guilty of poss-essing stolen property if he knowingly receives,retains,possesses,conceals ordisposesofpropertyobtainedbytheft,robbery or extortion which does not exceedTwoHundredandFifty($250.00)Dollars in value and withholds or appropriates thatstolenpropertytotheuseofanypersonotherthanthetrueownerorpersonentitledthereto.(2)The fact that the person who stole-the property has not been convicted,apprehended,or identified is not a defense to a charge of possessing stolen property. 7.36.16 CRIMINAL IMPERSONATION A person is guilty of criminal impersonation if heiassumesafalseidentityanddoesanactinhisassumedcharacterwithintenttodefraudanotherorforanyotherunlawfulpurposeorpretendstobearepresentativeofsomepersonororganizationor.a public servant and does an act in his pretendedcapacity.with intent to defraud another or for any other unlawful purpose. 7.36.20 CRIMINAL TRESPASS (1)A person is guilty of criminal trespass if he know-ingly enters or inserts any part of his body,or any instrument or weapon held inhishandandusedorintendedtobeusedtothreatenorintimidateapersonortodetachorremoveproperty,when he is not then licensed,invited or otherwiseprivilegedtoenterorremaininabuildingordwelling,or on real propertyadjacentthereto,or upon real property which is fenced or otherwise enclosed inamannerdesignedtoexcludeintrudersoruponanypremises.(2)A license orprivilegetoenterorremaininabuildingwhichisonlypartlyopentothepublicisnotalicenseorprivilege-to enter .or remain in that part of a building whichisnotopentothepublic.(3)It is a defense that:(a)the premises were at thetimeopentomembersofthepublicandtheactorcompliedwithalllawfulconditionsimposedonaccesstoorremainingonthepremises,or;(b)the actor reasonablybelievedthattheownerofthepremisesorotherpersonempoweredtolicenseaccessthereto,would have licensed him to enter or remain.(4)It is a defensethatabuildinginvolvedinanoËfenseunderthisChapterwasabandoned.(5)Apersonwhoentersorremainsuponunimprovedandapparentlyunusedland,which isneitherfencedorotherwiseenclosedinamannerdesignedtoexcludeintruders,does so with license and Privilege unless notice against trespass is personallycommunicatedtohimbytheownerofthelandorsomeotherauthorizedperson,oriunlessnoticeisgivenbypostingina.conspicuous manner. 7.36.24 VEHICLE PROWLING.A person is guilty of vehicle prowling if,with intent.to commit a crime against a person or property therein,he enters or remains un-lawfully in a vehicle. 7.36.28 MALICIOUS MISCHIEF (THIRD DEGREE)A person is guilty of malicious mis-chief if he knowingly and maliciously causes physical damage to the property ofanotherinanamountnotexceedingTwoHundredandFifty($250.00)Dollars. Ord.No.802/Pg.6 7.36.32 RECKLESS BURNING (SECOND DEGREE)(1)A person is guilty of reckless burning if he knowingly causes a fire or explosion,whether on his own property or that of anothere and thereby recklessly places a building,or other structure used for the lodging of persons or for carrying on a business therein or for the use,sale or deposit of goods,fenced area,vehicle,railway,cargo container, watercraft,crop or timber,whether cut or standing,in danger of destruction or damage.(2)It is a defense to any prosecution for the crime of reckless burning if the defendant establishes,by a preponderence of the evidence,that:(a) no person other than the defendant had a possessory or pecuniary interest in the damaged or endangered property,or if other persons had such an interest all of them consented to the defendants conduct;and (b)the defendants sole intent was to destroy or damage the property for a lawful purpose. CRAPTER 7.40 -Offenses Against the Public 7.40.04 PROSTITUTION (1)A person is guilty of prostitution if such person engages or agrees to engage in secual conduct with another person in return for a fee.(2)In any prosecution for prostitution,the sex of the two parties or prospective parties to the sexual conduct engaged in,contemplated,or solicited is immaterial,and it is no defense that such persons were of the same sex or the person who received,agreed to receive,or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was female. 7.40.08 POSSESSION OF MARIJUANA (LESS TRAN 40 GRAMS)(1)A person is guilty of possession of marijuana for purposes of this Chapter if he is found to excercise control or dominion over forty grams or less of marijuana.(2)Marijuana means all parts of the plant of the genus Cannabis L.,whether growing or not;the seeds thereof;the resin extracted from any part of the plant;and every compound, manufacture,salt,derivative,mixtures or preparation of the plant,its seeds or resin.It does not include the mature stalks of the plant,fiber produced from the stalks,oil or cake made from the seeds of the plant,any other compound, manufacture,salt,derivative,mixture,or preparation of the mature stalks (except the resin extracted therefrom),fiber,oil,or cake,or the sterilized seed of the plant which is incapable of germination. CHAPTER 7.44 -Offenses By or Against Minors 7.44.04 FURNISHING LIQUOR TO A MINOR (1)No person shall give,sell,purchase for,or otherwise supply liquor to any person under the age of twenty-one years or permit any person under the age of twenty-one to consume liquor on his premises or on any premises under his control.(2)This section shall not apply to liquor given or permitted to be given to a person under the age of twenty-one by a parent or guardian,by a physician or dentist for medicinal purposes,or given by a repre- sentative of a religious organization when such liquor is being used in connection with religious services. 7.44.08 ATTEMPT TO PURCHASE,POSSESSION AND/OR USE OF LIQUOR BY MINOR (1)It shall be a violation of this section for any person under the age of twenty-one years to attempt to acquire,acquire,have in his possession,or consume any liquor. (2)This Section shall not apply to liquor acquired,possessed or consumed if given or permitted to be given to a person under the age of twenty-one by a parent or guardian for beverage use in the home or for medicinal purposes,administered by a physician or dentist for medicinal purposes,or given by a representative of a religious organization when such liquor is being used in connection with religious services, CEAPTER 7.48 -Arrest on Reasonable Belief 7.48.04 CRIMEs INVOLVING PHYSICAL HARM,TAKING OF PROPERTY OR USE OF CANNABIS L Any peace officer having information to support a reasonable belief that a person has committed or is committing a misdemeanor involving physical harm or threats of harm to any person or property,or the unlawful taking of property or involving the use or possession of Cannibis L.shall have the authority to arrest said person. Ord.No.802/Pg.7 CHAPTER 7.52 -Penalties 7.52.04 SENTENCE OF OFFENDERS Every person convicted of a violation of thisordinanceorportionthereofshallbeguiltyofamisdemeanorandshallbepunishedbyimprisonmentinjailforamaximumtermfixedbytheCourtofnotmorethan90daysorbyafineofnotmorethanFiveHundred($500.00)Dollars or by both suchimprisonmentandfine. Section 2 -REPEALING CONFLICTING ORDINANCES Any and all ordinances or parts of I ordinances in conflict herewith are hereby repealed. Section 3 -SEVERABILITY The invalidity of any part of this Ordinance shall not ieffectthevalidityofanyotherpartwhichcanbegiveneffectwithoutsuchinvalidpartorparts. Section 4 -EFFECTIVE DATE This ordinance shall take effect and be in force five(5)days after its passage and publication as provided by law. PASSED by the City Council and APPROVED by its Mayor this iday of February ,1977. ATTEST:David KMent Joner Pro Tem City Clerk CiEy Aétorney i I