HomeMy WebLinkAboutO-0965 - Adopting a New Criminal Code~iII .'j'-~.~.....
CIT Y 0 F MAR Y S V ILL E
Marysville,Washingto~
ORDINANCE NO.96~$~
An Ordinance of the City of Marysville adopting a
new criminal code,incorporating certain state
criminal statutes into said code by reference,
setting penalties and prescribing punishments there-
for,and repealing all portions of Title 6 of
the Marysville Municipal Code which are in conflict
therewith,or which are superceded thereby.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON
DO ORDAIN AS FOLLOWS:
CHAPTER 1.GENERAL PROVISIONS.
Section 1.01.Short Title.This title shall be known
and may be cited as the Marysville Penal Code.
Section 1.02.Effective Date.The provisions of this
title shall apply to any offense committea on or after December 5,
1977 which is defined in this title,unless otherwise expressly
provided or unless the context otherwise requires,and shall also
apply to any defense to prosecution for such offense.
Section 1.03.Not Retroactive.The provisions of this
title do not apply to or govern the construction of and punishment
for any offense committed prior to the effective date of this title,
or to the construction and application of any defense to a prosecution
for such an offense.Such an offense must be construed and punished
according to the provisions of law existing at the time of the
commission thereof in the same manner as if this title had not been
enacted.
Section 1.04.Severability.If any provision of this
title,or its application to any person or circumstances held invalid,
the remainder of the title,or the application of the provision to
other persons or circumstances is not affected,and to this end the
provisions of this title are declared to be severable.
Section 1.05.Classification of Crimes--Penalties.All
offenses defined by this title or by any state statute WhlCh is
incorporated herein by reference,constitute crimes and are hereby
classified as misdemeanors.Any person convicted of having committed
such a misdemeanor shall be punished by imprisonment for a term not
to exceed 6 months,or by a fine not to exceed $500,or by both such
fine and imprisonment.Provided,however,certain misdemeanors
specified in this title shall be punishable solely by a fine not to
exceed $500.
Section 1.06.Restitution.If a person has gained money
or property or caused a vlctlm to lose money or property through the
commission of a crime,upon conviction thereof the court,in lieu
-1-
·'...
of imposing the fine authorized by Section 1.05 above,may order
the defendant to pay an amount,fixed by the court,not to exceed
double the amount of the defendant's gain or the victim's loss from
the commission of a crime.Such amount shall be used to provide
restitution to the victim at the order of the court.In such case
the court shall make a finding as to the amount of the defendant's
gain or victim's loss from the crime,and if the record does not
contain sufficient evidence to support such finding,the court may
conduct a hearing upon the issue.For the purposes of this section,
the terms "gain"or "loss"refer to the amount of money or the value
of property or services gained or lost.
Section 1.07.Collection of Judgment.Upon a 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.
Section 1.08.Civil Contempt.A court may,in its
discretion,treat any intentional fa1lure to comply with a court order
in respect to fines or costs or both,upon conviction,as civil contempt.
Section 1.09.Costs of Prosecution--Credit for Work
or Imprisonment.Whenever anyone 1S conv1cted of an offense under
this title,in addition to the fine imposed,he must pay the costs of
prosecution.Costs of prosecution shall include any or all of the
following:cost of docketing,cost of issuing the warrant,cost for
mileage in processing the warrant,a fee for a personal recognizance
bond,and costs for witness fees.If in default,the defendant
shall be imprisoned until such fine and costs of prosecution are paid
or worked out at a community service project designated by the City.
A defendant shall be given credit for $10 per each full day of
imprisonment or work,or $15 per each full day of imprisonment and
work.
Section 1.10.A~e of Capacity.Children under the age
of 8 years are 1ncapable 0 committing crime.Children of 8 and under
12 years of age are presumed to be incapable of committing crime,
but this presumption may be removed by proof that they have sufficient
capacity to understand the act or neglect,and to know that it was
wrong.Whenever in legal proceedings it becomes necessary to deter-
mine the age of a child,he may be produced for inspection,to enable
the court or jury to determine the age thereby;and the court may
also direct his examination by one or more physicians,whose opinion
shall be competent evidence upon the question of his age.
Section 1.11.Statute of Limitations.Prosecutions for
offenses defined in this title,and for those incorporated herein by
reference,may be commenced at any time within one year after
their commission;provided,that any length of time during which the
party charged was not usually and publicly resident within the State
of Washington shall not be reckoned within the one-year period.
Section 1.12.Presumption of Innocence.Every person
charged with the commission of a crime is presumed innocent unless
proved guilty.No person may be convicted of a crime unless each
element of such crime is proved by competent evidence beyond a
reasonable doubt.
-2-
,'.'....
Section 1.13.Arrests--Citations--Warrants.A peace
officer may arrest a person without a warrant 1£the officer has
probable cause to believe that such person has:
(a)Committed a crime in the officer's
presence;or
(b)Committed a crime not in the officer's
presence if allowed by RCW 10.31.100 as now or
hereafter amended.
Whenever a person is arrested for a violation of the law,the arrest-
ing officer,or any other authorized peace officer,may serve upon
the arrested person a citation and notice to appear,in lieu of
continued custody,as provided by the Criminal Rules for Justice
Court,as now or hereafter amended.
Warrants shall issue and bail be set for persons who violate their
promise to appear in court as provided by the Criminal Rules for
Justice Court,as now or hereafter amended.The Criminal Rules for
Justice Court shall apply to procedures relating to arrests,citations,
warrants and other criminal proceedings.
Section 1.14.Ado tion of State Statutes b Reference.
Statutes of the State of as lngton spec1 1e ereln are a opte by
reference as and for a portion of the Penal Code of the City of
Marysville as if set forth in full,with the exception of the penalty
provisions thereof which are superceded by the penalty provisions
of this title as set forth in Section 1.05 above.
Section 1.15.Automatic Amendments.The amendment or
repeal by the Washington State Legls1ature of any of the statutes
adopted herein by reference shall be deemed to automatically amend
this title in conformity therewith,and it shall not be necessary
for the legislative authority of the City to take any action with
respect to such amendments or repealers.
Section 1.16.;$tatute In~orporated by Reference.
RCW 9A.04.ll0 (Definitions).
CHAPTER 2.PRINCIPLES OF LIABILITY.
Section 2.01.Statutes Incorporated by Reference.
RCW 9A.08.010 (general requirements of cUlpability).
RCW 9A.08.020 (liability for conduct or another--
complicity).
RCW 9A.08.030 (criminal liability of corporations and
persons acting or under a duty to act in
their behalf).
-3-
,,-,,
CHAPTER 3.INSANITY.
Section 3.01.Statute Incorporated by Reference.
RCW 9A.12.0l0 (defense 6f insanity).
CHAPTER 4.DEFENSES.
Section 4.01.Statutes Incorporated by Reference.
RCW 9A.16.0l0 (definitions).
RCW 9A.16.020 (use of force--when lawful).
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).
CHAPTER S.ANTICIPATORY OFFENSES.
Section 5.01.Statutes Incorporated by Reference.
RCW 9A.28.020 (criminal attempt).
RCW 9A.28.030 (criminal sOlicitation).
RCW 9A.28.040 (criminal conspiracy).
CHAPTER 6.ASSAULT.
Section 6.01.Assault.Every person who shall commit
an assault or an assault and battery not amounting to an assault in
either the 1st,2nd or 3rd degree,as provided by RCW 9A.36,shall
be guilty of assault;a person is guilty of assault when:
(a)With intent to cause bodily injury,he
causes bodily injury to any person;or
(b)He unlawfully and knowingly beats,touches
or striNe~any other person;or
(c)He unlawfully and intentionally places or
attempts to place another person in fear of bodily
injury;or
(d)He,with intent to inflict bodily harm or
to create an apprehension thereof,shall attempt to
offer,with force and violence,to do a corporeal
hurt to another;or
..'
-4-
(e)He attempts unlawfully to use force or
inflict bodily injury on another,accompanied with
apparent present ability to give effect to the
attempt if not prevented.
Section 6.02.Provoking Assault.Every person who
shall,by act1on,words,signs or gestures,wilfully provoke,or
attempt to provoke another person to commit an assault or breach
of the peace,shall be guilty of a misdemeanor.
Section 6.03.Statutes Incorporated by Reference.
RCW 9A.36.0S0 (reckless endangerment).
RCW 9A.36.070 (coercion).
CHAPTER 7.ARSON,RECKLESS BURNING,AND MALICIOUS
MISCHIEF.
Section 7.01.Statutes Incorporated by Reference.
RCW 9A.48.0l0 (definitions).
RCW 9A.48.050 (reckless burning).
RCW 9A.48.060 (reckless burning--defense).
RCW 9A.48.090 (malicious mischief).
RCW 9A.48.l00 (malicious mischief--"physical damage"
defined).
CHAPTER 8.BURGLARY AND TRESPASS.
Section 8.01.Statutes Incorporated by Reference.
RCW 9A.52.0l0
RCW 9A.52.060
RCW 9A.S2.070(1)
RCW 9A.52.080
RCW 9A.S2.090
RCW 9A.52.l00(1)
(definitions).
(making or having burglar tools).
(criminal trespass in the 1st degree).
(criminal trespass in the 2nd degree).
(criminal trespass--defenses).
(vehicle prowling).
CHAPTER 9.THEFT.
Section 9.01.Statutes Incorporated by Reference.
RCW 9A.56.0l0 (definitions).
RCW 9A.S6.020 (theft--definition,defense).
RCW 9A.S6.0S0(1)(theft in the 3rd degree).
RCW 9A.56.060(1)(3)(unlawful issuance of checks or
drafts).
RCW 9A.S6.170 (possessing stolen property in the
3rd degree).
RCW 9A.56.180 (obscuring identity of a machine).
-5-
,.'
Section 9.02.Shoplifting.
(a)A person who wilfully takes possession of
any goods,wares or merchandise of a value which
does not exceed $250 offered for sale by any whole-
sale or retail store or other mercantile establishment
without the consent of the seller,with the intention
of converting such goods,wares or merchandise to his
own use without having paid the purchase price
thereof,is guilty of shoplifting.
(b)Upon a first conviction for shoplifting
a person shall be punished by a fine of not less than
$50 and not more than $500,or by imprisonment for
not less than 5 days and not more than 6 months,or
by both such fine and imprisonment.Upon each
subsequent conviction for shoplifting,a person shall
be punished by a fine of not less than $500,or by
imprisonment for not less than 30 days and not more
than 6 months,or by both such fine and imprisonment.
CHAPTER 10.FRAUD.
Section 10.01.Statutes Incorporated by Reference.
RCW 9A.60.0l0
RCW 9A.60.040(1)
RCW 9A.60.050(1)
(definitions).
(criminal impersonation).
(false certification).
CHAPTER 11.INTERFERENCE WITH OFFICIAL PROCEEDINGS.
Section 11.01.Statute Incorporated by Reference.
RCW 9A.72.l50(1)(2)(tampering with physical evidence).
Section 11.02.Criminal Contempt.A person shall be
guilty of crIminal contempt by WIlfully committing one or more of
the following acts:
(a)Disorderly,contemptuous or insolent
behavior committed during the sitting of the
Marysville Municipal Court aT the Marysville City
Council.in its immediate view and presence and
directly tending to interrupt its proceedings or to
impair the respect due to its authority;or
(b)Breach of the peace,noise or other
disturbance directly tending to interrupt the pro-
ceedings of the Marysville Municipal Court or
the Marysville City Council;or
-6-
, e ,
,"
(c)Unlawful refusal to be sworn as a
witness before the Marysville Municipal Court
or before the City Council;or after being
sworn,unlawful refusal to .answer any question
legally posed.
CHAPTER 12.OBSTRUCTING GOVERNMENTAL OPERATION.
Section 12.01.Statutes Incorporated by Reference.
RCW 9A.76.0l0 (definitions).
RCW 9A.76.020 (obstructing a public servant).
RCW 9A.76.030 (refusing to summon aid for a
peace officer).
RCW 9A.76.040 (resisting an arrest).
RCW 9A.76.0S0 (rendering criminal assistance:
definitions).
RCW 9A.76.090 (rendering criminal assistance
in the 3rd degree).
RCW 9A.76.100 (1)(2)
RCW 9A.76.l30(1)(escape in the 3rd degree).
RCW 9A.76.l60 (introducing contraband in the 3rd degree).
RCW 9A.76.l70 (bail jumping).
RCW 9A.40.0S0(1)(custodial interference).
CHAPTER 13.ABUSE OF OFFICE.
Section 13.01.Statute Incorporated by Reference.
RCW 9A.80.0l0(1)(official misconduct).
CHAPTER 14.PUBLIC DISTURBANCE.
Section 14.01.Statutes Incorporated by Reference.
RCW 9A.84.010(1)
RCW 9A.84.020
jRC.w.9A.84.040 (1)
(riot).
(failure to disperse).
(false reporting).
Section 14.02.Disorderly Conduct.A person is guilty of
dl~order1y conduct if he:
..-,(a)Qsesiabu~ive,vulgar,profane,obscene
or indec~nt language,or conducts himself in an
indecent manner,when such language or conduct
intentionally creates a risk of assault or a civil
<jis:tu,rbance;or
.I •
(b)Wilfully annoys,bothers,molests,insults
or.offers.an q·ffro;nt or indignity to any person;or
-7-
(c)Intentionally disrupts any lawful assembly
or meeting of persons without lawful authority;or
(d)Intentionally obstructs vehicular or
pedestrian traffic without lawful authority;or
(e)Fights or quarrels in a public place;or
(f)Goes upon premises occupied by any person
other than himself and looks through any window or
windows from the outside of any building on the
premises after dusk and before daylight without per-
mission of the tenant or occupant,and without lawful
authority to do so;provided that the proscriptions
of this section shall not apply to commercial property
with displays which are designed and intended for
public viewing;or
(g)Suffers or permits in any building or place
owned by him or under his control any riotous or
disorderly conduct or drunkenness or fighting to the
annoyance of the public;or
(h)Hitches or ties any animal or thing to,or
obstructs,injures,connects with or opens any fire
hydrant in the City,without a permit from the Chief of
the Fire Department or other municipal officer;or
(i)Drives or rides a horse or horses or other
livestock in the City in such a manner as to endanger
or to be likely to endanger any person or property,or
drives or rides a horse or horses or other livestock
upon any sidewalk in the City,except across a cross-
walk on a street;or
(j)Removes,destroys,tears down or defaces,
either in whole or in part,or marks or writes upon,
changes,obliterates or marrs,or in any manner alters
or changes the writing,printing or signature,or any
part of the writing,printing or signature,upon any
bulletin,legal notice or advertisement,poster or paper
writing of the City lawfully posted or placed in the
City,unless such person be an officer or employee of
the City and is duly-authorized to perform such acts;or
(k)Except as permitted by Title 66 RCW,has an
open package containing liquor or intoxicating beverages,
or consumes liquor or intoxicating beverages while on a
public street or sidewalk or while in the City Park
located at the 500 block of State Street,or while on
a public conveyance;or
(1)Performs any acts not herein specifically des-
cribed which tend to or do stir up public peace,
provoke disorder,or endanger the safety of others.
-8-
CHAPTER 15.VAGRANCY.
Section 15.01.Vagrancy.A person is guilty of vagrancy,
and upon conviction shall be punished by a fine not to exceed $500
if he:
(a)Is a healthy person who solicits alms;or
(b)Is a lude,disorderly or dissolute person;
or
(c)Lodges in any barn,shed,shop,outhouse,
vessel,car,saloon or other place not kept for
lodging purposes without the permission of the
owner or person entitled to the possession thereof;or
(d)Loiters about the building or buildings
of any public or private school or institution of
higher learning,or the public premises adjacent
thereto without lawful purpose,except a person
enrolled as a student in such institution,or the
parents or guardians of such student,or persons
employed by such institution;or
(e)Wanders,loiters or prowls in a place,and
at a time and in a manner not usual for law-abiding
individuals,and under circumstances that warrant
alarm for the safety of persons or property in the
vicinity.Among the circumstances which may be
considered in determining whether such alarm is
warranted is the fact that the actor takes flight
upon appearance of a peace officer,refuses to identify
himself,or manifestly endeavors to conceal himself
or any object.Unless flight by the actor or other
circumstances makes it impracticable,the peace
officer shall,prior to any arrest for an offense
under this subsection,afford the actor an opportunity
to dispell any alarm which would otherwise be
warranted by requesting him to identify himself and
explain his presence and conduct.No person shall be
convicted of an offense under this subsection if the
peace officer did not comply with the preceding
sentence or if it appears at trial that the explanation
given by the actor was true,and if believed by the
peace officer at the time,would have dispelled the
alarm.
CHAPTER 16.PUBLIC INDECENCY--PROSTITUTION--SEX CRIMES.
Section 16.01.Statutes Incorporated by Reference.
RCW 9A.88.0l0 (public indecency).
RCW 9A.88.020 (communication with a minor for
immoral purposes).
-9-
_..
.'.....
RCW 9A.88.030 (prostitution).
RCW 9A.88.050 (prostitution--sex of parties
immaterial--no defense).
RCW 9A.88.090 (permitting prostitution).
Section 16.02.Public Ex osure of Female Breasts or
Lower Torso.No owner,manager or operator 0 a tavern,ar,cocktail
lounge or any place where the public is invited and intoxicating
liquors are sold shall knowingly permit or cause any female over the
age of 10 years to appear therein with one or both breasts and/or
the lower portion of the torso wholly or substantially exposed to
public view.Every such owner,manager or operator,and every person
who aids,abets or participates in such an appearance by a female,
is guilty of a misdemeanor.
CHAPTER 17.OBSCENITY.
Section 17.01.Statutes Incorporated by Reference.
RCW 9.68.010 (obscene literature,shows,etc.--
exception).
RCW 9.68.015 (obscene literature,shows,etc.--
exemptions).
RCW 9.68.020 (prohibited publications).
RCW 9.68.030 (indecent articles,etc.) .
CHAPTER 18.WEAPONS CONTROL.
Section 18.01.Statutes Incorporated by Reference.
RCW 9.41.050
RCW 9.41.060
RCW g.41.080
RCW 9.41.230
RCW 9.41.240
RCW 9.41.270
(carrying concealed weapon).
(exception).
(delivery to minors and others forbidden).
(aiming or discharging firearms).
(use of firearms by minors).
(carrying,exhibiting,displaying or
drawing weapons apparently capable of
producing bodily harm).
Section 18.02.Dangerous Knives.
(a)"Dangerous knife"means any knife having
a blade more than 3-1/2 inches in length,or any
dagger,sword,bayonet,bolo knife,machete,straight-
edge razor,or razorblade not in a package,dispenser
or shaving appliance.
(b)It is unlawful for anyone knowingly to carry
concealed on his person or in any vehicle any dangerous
knife,or to sell or give away to any person under
the age of 18 years of age any dangerous knife,or
for any such person to purchase or possess any such
dangerous knife.
-10-
·..
(c)The proscriptions of this section shall
not apply to:
(1)Individual licensed hunters or
fishermen while on hunting,camping or
fishing trips.
(2)Any person possessing or carrying
such knife in a secure wrapper or sheath
for one of the following purposes:
(a)Transporting it to or
from a place of purchase or repair;
(b)Transporting it to or
from a place where it was or will
be used for a lawful purpose;
(c)Transporting it from
one place of abode or business to
another;
(d)Storing it in the owner's
place of abode or fixed place of
business.
Section 18.03.Air Guns.
(a)As used in this chapter,"air gun"means
and includes the following:air gun,air pistol,
air rifle,BB-gun,and toy guns of any kind or nature
when so designed,contrived,modified and used to
propel,by compressed air or spring-loaded plunger,
any pellet,dart,hardtipped arrow,bean,pea,BB,
rock or other hard substance a distance of more than
25 feet with sufficient force to break windows or
inflict injury upon persons or animals.
(b)Except as hereinafter provided,it is unlawful:
(1)For any person under 16 years of
age to carry or shoot any air gun within the
City when not in the presence of his parent
or other adult in loco parentis and under the
direction and control of such adult;
(2)For any person to point or shoot an
air gun at any person or property of another,
or to aim or discharge such weapons in the
direction of the person or residence of another
while within such range as to cause of inflict
injury to the person or damage the property of
another;
-11-
(3)For any parent or person in loco
parentis to allow,give or permit the posses-
sion of any air gun falling within the definition
contained herein to any child under the age
of 16 years,except under the provisions of
subsection (1)above;
(4)For any merchant to sell or rent
any air guns to minors under 16 years of age,
except when such minor is in the presence of
his parent or other adult in charge of such child.
(c)The provisions of subsection (b)(1)and (3)
above shall not apply:
(1)When any such minor is possessing
or using such weapons on a gun range operated
or conducted by any school,educational
institution or other regulated group pursuant
to rules and regulations provided by the Chief
of Police or City ordinance and licensed by
the City;or
(2)When such minor is possessing or
using such air gun with a regulated or super-
vised course or range provided by the City Park
Department under regulations or ordinances duly
promulgated and adopted therefor;or
(3)When any such minor is carrying
such weapon unloaded or otherwise properly
dismantled,to and from such licensed or
authorized course;or
(4)When such minor has obtained a
certificate of proficiency from the Chief of
Police under the rules and regulations promul-
gated by the Chief to insure the safe handling
of such toys or weapons by such minor,or when
confined to an area within the property of the
parents of such minor which complies with the
regulations relating to private practice or
target ranges as promulgated by the Chief.
(d)Any person convicted of violation of the
provisions of this section shall be punished by a fine
in a sum not exceeding $100,and the weapon so used
shall be confiscated by the Chief of Police.
Section 18.04.Confiscation.Upon the conviction of any
person for an offense defined.in.this chapter,the Chief of Police
shall confiscate the firearm or other weapon or unlawful instrument
carried,worn,concealed,'drawn,exhibited,used or attempted to be
used,fired,set off or discharged in violation of this chapter,and
shall dispose of them in the manner provided by law.
-12-
CHAPTER 19.OFFENSES BY AND AGAINST JUVENILES.
Section 19.01.Statutes Incorporated by Reference.
RCW 13.04.010 (definition of dependent and
delinquent child).
RCW 66.04.010(16)(definition of liquor).
Section 19.02.Contributing to the Dependency or Delin-
quency of a Mlnor.It is unlawful for anyone,by act or omlssion,
knowingly to encourage,cause or contribute to the dependency or
delinquency of a minor.
Section 19.03.Prohibited Acts.
(a)RCW 26.28.080(1)(permitting person under
age of 18 to remain in place where intoxicating
liquors are sold).
(b)RCW 26.28.080(2)(permitting person under
age of 18 to remain in any place of entertainment
injurious to health or morals).
(c)RCW 26.28.080(3)(permitting person under
age of 18 to gamble,to remain in a house of prostitu-
tion,or in any place where a controlled substance
is used).
(d)RCW 26.28.080(4)(selling or giving any
person under 21 years of age intoxicating liquor,or
any person under 18 years of age any cigarette or
tobacco in any form).
(e)RCW 26.28.080(5)(sell or give any person
under age of 18 a revolver of pistol).
It shall be no defense to a prosecution for a violation of
this section that the person acted,or was believed by the defendant
to act,as agent or representative of another.
Section 19.04.Minor Consuming or in Possession of Li uor.
It is unlawful for any person un er t e age 0 years to acqUlre
in any manner,consume or have in his possession any intoxicating
liquor as defined by RCW 66.04.010,provided that the foregoing shall
not apply in the case of liquor given or permitted to be given to
such person under the age of 21 years by his parent or guardian for
medicinal purposes.It shall be prima facie evidence that a minor
has unlawfully consumed intoxicating liquor within the jurisdictional
boundaries of the City of Marysville if at the time of his arrest
within the City he has an odor of intoxicants upon his breath.
Section 19.05.Minor Misrepresenting Age.It is unlawful
for any minor to misrepresent his or her age for the purpose of aiding,
abetting or benefitting from any of the acts prohibited in Section
19.03 above.
-13-
,~
~eet~of Tavern
e age 0 years
the entrance to a
City of Marysville
Section 19.06.LoiterinEntrance.It lS unlawful ~o~r~a~n~y~p~e~r~s~o~n~u-n~~e~r~t~~~--~~~----
to lOlter alone or in a group within 50 feet of
tavern,lounge or other place of business in the
at which alcoholic beverages are sold.
Section 19.07.Statutes Incorporated by Reference.
RCW 9.91.060 (leaving children unattended in parked
automobile).
Section 19.08.Curfew.No child under the age of 18 years
shall be permitted to walk,ride,play,loaf or lounge in any street,
road,alley,or public place or public park within the City limits
between the hours of 10:00 p.m.and 5:00 a.m.,according to the standard
time then legally prevailing in the City,without being on any law-
ful business or occupation.Provided that the provisions of this
section shall not apply to any child or children who are in the company
of a parent or other adult having custody of said child or children,
as the case may be,nor to a child or children who may be sent for
medicine,medical or other assistance,in case of an accident or sick-
ness or other necessary errand by a parent or guardian while in such
service;nor shall such provisions apply to any child or children
attending or returning home from entertainment provided for sanctioned
by regularly organized schools or churches.
Section 19.09.Violators Under Eighteen.Any persons
under the age of 18 years violatIng sectlons of this chapter shall be
cited to the Snohomish County Juvenile Court for investigation,and
in the event that said persons are remanded to the City authorities
by the judge of said Juvenile Court,they may be tried and punished
as otherwise provided in this Penal Code.
CHAPTER 20.CONTROLLED SUBSTANCE.
RCW 69.50.40l(d)
RCW 69.50.505
Section 20.01.
RCW 69.50.101
RCW 69.50.201
RCW 69.50.202
RCW 69.50.204
Statutes Incorporated by Reference.
(definitions).
(authority to control).
(nomenclature).
(marijuana defined as a controlled
substance).
(possession of 40 grams or less of
marijuana prohibited).
(forfeiture of controlled substances,
and equipment and vehicles associated
therewith).
CHAPTER 21.PUBLIC NUISANCES.
Section 21.01.Premises.A public nuisance is a crime
against the order and economy of the City.Every building,place or
premises shall be declared a public nuisance wherein:
-14-
(a)Any unlawful gambling,swindling game
or device,bookmaking,pool selling or any agency
therefor shall be conducted,or any article,apparatus
or device useful therefor,shall be kept;
(b)Any unlawful fighting between men or animals
or birds shall be conducted;
(c)Any intoxicating liquors are kept for
unlawful use,sale or distribution;
(d)Vagrants resort.
Section 21.02.Acts or Omissions.Every act done and
every omission to perform a duty shall be declared a public nuisance,
which act or omission:
(a)Shall annoy,injure or endanger the
safety,health,comfort or repose of any consider-
able number of persons;or
(b)Shall offend public decency;or
(c)Shall unlawfully interfere with,befoul,
obstruct or tend to obstruct or render dangerous for
passage a public park,square,street,alley,side-
walk,highway or river;or
(d)Shall in any way render a considerable number
of persons insecure in life or the use of property.
Section 21.03.Forced Abatement.If within three days
after receiving a notice in writing for the abatement of any nuisance
detrimental to health,or removal of rubbish or other offensive
materials mentioned in this chapter,signed by the Police Chief of his
authorized representative,the person owning,occupying or controlling
such premises shall fail,neglect or refuse to remove the same,such
nuisance may be removed or abated by order of the Police Chief,and
the person on whom such notice for removal was served,in addition to
incurring the penalty provided in this chapter,shall become indebted
to the City for the damages,costs and charges incurred by the City
in the removal of such nuisance,such costs and charges to be recovered
by a civil action brought by the City against the person so served with
such notice.
Section 21.04.Maintaining or Permitting Nuisance.Every
person who shall commit or maintain a public nuisance,for which no
special punishment is prescribed,or who shall wilfully omit or refuse
to perform any legal duty relating to the removal of such nuisance,
and every person who shall let,or permit to be used,any building or
boat,or portion thereof,knowing that it is intended to be,or is being
used,for committing or maintaining any such nuisance,shall be guilty
of a misdemeanor,and shall be punished by imposition of a fine not
to exceed $500.In addition to such fine,such person shall be
ordered to abate the nuisance at his cost.
-15-
,..,.",.
,...
Section 21.05.Ex losives Unlawfull.Every
person who shall make or exp OSlve or com UStl Ie substance
in the City,or carry it through the streets thereof,in a quantity
or manner prohibited by Chapter 70.74 RCW,and every person who,by
careless,negligent or unauthorized use or management of any such
explosive or combustible substance,shall injure or cause injury to
the person or property of another,shall have committed a public nuisance.
Section 21.06.Smoking Where Prohibited.Every person
who shall light a pipe,cigar or cigarette in,or who shall enter
with a lighted pipe,cigar or cigarette,any building on which is
posted in a conspicuous place over and near each principal entrance
a notice in plain,legible characters stating that no smoking is
allowed in such building,shall have committed a public nuisance.
Section 21.07.Dis osal of Diseased Animal's Carcass.
Every person owning or having in c arge any anlmal t at as ied or
been killed on account of disease shall immediately bury the carcass
thereof at least three feet underground at a place approved by the
Chief of Police,or cause the same to be consumed by fire.No person
shall sellar offer to sellar give away the carcass of any animal
which died or was killed on account of disease.Every violation of
this section shall be deemed a public nuisance.
Section 21.08.Discarded Iceboxes and Refrigerators.It
shall be unlawful for any person to have or permit to remain outside of
any dwelling,building or other structure,or within any unoccupied or
abandoned building,dwelling"oi-other structure under his control,in
a place accessible to children,any abandoned,unattended or discarded
icebox,refrigerator or other container which has an airtight door or
lid,snap lock or other automatic locking device which may not be
released from the inside,without first removing said door or lid,
snap lock or other locking device from said refrigerator,icebox or
container.Every violation of this section shall be deemed a public
nuisance.
Section 21.09.Abandoned Wells and Cisterns.It shall
be unlawful for any person to abandon or discontlnue use of or to per-
mit or to maintain on his premises any abandoned or unused well,
cistern or storage tank,without first demolishing or removing from the
City such storage tank or securely closing and barring any entrance or
trap door thereto,or filling any well or cistern or capping the same
with sufficient security to prevent access thereto by children.Any
violation of this section shall be deemed a public nuisance.
Section 21.10.Detriments to Health.Every person who:
(a)Shall throw,place,leave or cause or
permit to be thrown,placed or left any substance
detrimental to health,or any ashes,dirt,filth,
cans,glass,rubbish,garbage,decaying animal
matter or vegetable matter,or any animal or human
excrement or septic tank effluent,in or upon any
street,alley,avenue or sidewalk in the City of
Marysville,or in or upon premises owned,occupied
-16-
..,...,.
~;,~.
or controlled by him,or by another;or
(b)Shall throw,place,leave,or cause to
be placed,thrown or left in or upon any street,
alley,avenue or sidewalk of the City,or in or
upon premises owned,occupied or controlled by
him,or by another,any paper or card,handbill,
dodger,advertisement,notice or waste paper;or
(c)Shall expectorate on the floor of any
public building or in any hall or entrance,or any
place where entertainments or meetings are held,
or on any sidewalk in the City of Marysville;
shall be guilty of committing a public nuisance.
CHAPTER 22.BIRD SANCTUARY.
Section 22.01.Area Designated.The entire area
embraced in Je~nings Park,as now or hereafter constituted,and the
entire area ofC~ty-owned property surrounding and including the
Marysville sew~r'lagoon,as now or hereafter constituted,is hereby
designated,~s a bird sanctuary.
Section 22.02.Molesting Birds.It is unlawful to
trap,hunt,shoot or attempt to shoot or molest in any manner any
bird or wild .fow.l ,or,to'r ob 'bLrd nests or wild fowl nests wi thin
th~designat~d bird s~nctuary,of the City of Marysville.Provided,
however,if starlings or similar birds are found to be congregating
in such numbers in a particular locality that they constitute a
nuisance or me~ace to ~ealth or property in the opinion of the Chief
of Police,then the forei~ing prohibition may be temporarily stayed,
and the Chief may designate the manner,time and place for bird
control measures to be taken ...,.J .•~.
,~~
Section 22.03.'penalt~.
of this chapter shall be punishe ,
not more than $500.
Any person violating provisions
upon conviction,by a fine of
REPEALER.The following chapters of the Marysville
Municipal Code,and the ordinances having enacted the same,are each
hereby repealed:
Chapter 6.04 (general provisions).
Chapter 6.08 (disorderly conduct).
Chapter 6.12 (disturbing the peace).
Chapter 6.16 (narcotics).
Chapter 6.20 (vagrancy).
Chapter 6.24 (trespassing).
Chapter 6.28 (jay-walking).
Chapter 6.32 (crimes against property).
-17-
,.
Chapter 6.36 (criminal contempt).
Chapter 6.40 (crimes against a person).
Chapter'6i44 (malicious prosecution).
Chap~er'6\~8 (crimes by or against public officers).Chapt~r'6.S2 (crimes relating to minors).
.Chapter 6.S6 '(.c.rime'sagains tmoralil;Y .and decency).
,l:h-apter 6.60 (bird sanctuary).
thapt~r 6~64 (fi~earms and ¥eapons).
Chap t e r,6..,68 (pub'Li c nu i s ances} .
Clt~J2t¢r Qi80 (registration'of felons).
Chapter 6.84 (criminal syndicalism).
Chapter p.88 (working prisoners).
Chapter 6 ..94·(s.hoplifting).
Chapter 6.96 (drivin~while intoxicated).
PASSED by the City Gouncil and APPROVED by the Mayor
this ~day:of --h\ovem\oelr ;1977.
THE CITY OF MARYSVILLE
ATTEST:
By~£D~Cit)TCfu
APPROVED AS TO FORM:
-18-