The ordinance codified in this title, hereinafter referred to as "this title" or "this code," shall be known and may be cited as the Longview criminal code and shall become effective on April 1, 2000.
(1) 
The provisions of this title shall apply to any offense which is defined in this title, committed on or after the effective date hereof, unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such offense.
(2) 
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 and the provisions of the Longview Municipal Code existing at the time of the commission thereof as if this title had not been enacted.
(3) 
If any provision of this title, or its application to any person or circumstance, is held invalid, the remainder of this title, or the application of the provisions to other persons or circumstances, is not affected, and to this end the provisions of this title are declared to be severable.
(4) 
Section captions and titles are for organizational purposes only and shall not be construed as a part of this title.
(Ord. 2765 § 1, 2000)
(1) 
Statutes of the state of Washington, ordinances and resolutions of Cowlitz County, Washington, regulations contained in the Washington Administrative Code, and any standard code of technical regulations, or portions thereof, adopted by reference in this title, are adopted in accordance with the provisions of RCW 35A.13.180 and 35A.12.140 as though fully set forth herein, as presently constituted and as hereafter amended, supplemented or repealed, and it shall not be necessary for the legislative authority of the city of Longview to take any action with respect to such amendments, supplements or repeal. Any such amendment, supplement or repeal shall be deemed to be fully applicable to any provision of this title on the date that such amendment, supplement or repeal becomes effective.
(2) 
Copies of the text of any statute of the state of Washington, ordinance or resolution of Cowlitz County, Washington, regulation contained in the Washington Administrative Code, and any standard code of technical regulations, or portions thereof, adopted by reference in this title, shall be filed in the office of the city clerk as required by RCW 35A.12.140 for use and examination by the public.
(3) 
Wherever in any statute of the state of Washington, ordinance or resolution of Cowlitz County, Washington, regulation contained in the Washington Administrative Code, or any standard code of technical regulations, the words "state" or "county" are used, such words shall be construed and be deemed to mean "city".
(4) 
In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of the city of Longview are adopted and, in those sections adopted that deal with both misdemeanors, gross misdemeanors and/or felonies only the language applicable to misdemeanors and gross misdemeanors is applicable.
(Ord. 2765 § 1, 2000)
The provisions of this title shall apply to any violation of any of the provisions of this title occurring or committed on or after the effective date of this title.
(Ord. 2765 § 1, 2000)
The provisions of this title shall not apply to any violation of any provision of this code occurring or committed prior to the effective date of this title.
(Ord. 2765 § 1, 2000)
Any offense or crime committed or occurring prior to the effective date of this title or any prosecution for any violation commenced prior to the effective date of this title shall be prosecuted and punished under the provisions of law and the Longview Municipal Code existing at the time of the commission thereof as if this title had not been enacted.
(Ord. 2765 § 1, 2000)
If any section, subsection, sentence, clause, phrase or any portion of this title, whether set forth herein in full or adopted by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council declares that it would have adopted the provisions of this title and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
(Ord. 2765 § 1, 2000)
The following persons are liable to arrest and punishment:
(1) 
A person who commits, in the city, any crime as defined by this code, in whole or in part;
(2) 
A person who commits outside of the city any act, which if committed within the city would be theft and who is afterward found within the city with any of the stolen property;
(3) 
A person who, while outside of the city, counsels, causes, procures, aids, or abets another to commit a crime within the city;
(4) 
A person who commits an act while outside the city which affects persons or property within the city which, if committed within the city, would be a crime.
(Ord. 2765 § 1, 2000; Ord. 2951 § 1, 2006)
(1) 
Violations of the provisions of this title are classified as misdemeanors, gross misdemeanors, or civil infractions.
(2) 
Unless otherwise provided, a person who violates any provision of this title shall be guilty of a misdemeanor.
(3) 
Where expressly so provided, a violation of any provision of this title shall be a gross misdemeanor or a civil infraction.
(Ord. 2765 § 1, 2000)
(1) 
Unless otherwise provided, any person found guilty of a misdemeanor under this title may be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.
(2) 
Unless otherwise provided, any person found guilty of a gross misdemeanor under this title may be punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed one year, or by both such fine and imprisonment.
(3) 
Unless otherwise provided, any person found guilty of a civil infraction under this title shall be subject to a civil penalty as provided in LMC § 1.30.040.
(4) 
Whenever a person is convicted of a misdemeanor or gross misdemeanor under this title, the person may be required to pay court costs, reimbursement to the city for all or a portion of the costs of a public defender, reimbursement to the city for the costs of incarceration as provided in RCW 10.01.160, and such other amounts as may be permitted by state law.
(Ord. 2765 § 1, 2000)
The provisions of the common law relating to the definition of offenses, commission of crimes, and the punishment thereof, insofar as not inconsistent with the Constitution and statutes of the state of Washington and the ordinances of the city of Longview, shall supplement all criminal ordinances of the city.
(Ord. 2765 § 1, 2000)
No violation of any of the provisions of this title that is classified as a gross misdemeanor may be prosecuted more than two years after its commission. No violation of any of the provisions of this title that is classified as a misdemeanor may be prosecuted more than one year after its commission.
(1) 
The periods of limitation prescribed in this section do not run during any time when the person charged is not usually and publicly resident within the state of Washington.
(2) 
If, before the end of a period of limitation prescribed herein, a complaint or citation has been filed, and the complaint or citation 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.
(Ord. 2765 § 1, 2000)