A. 
This chapter shall be known as, and may be cited as, the Kenmore Criminal Code.
B. 
The provisions of this code shall apply to any offense committed on or after 12:01 a.m. on March 1, 1999.
C. 
The provisions of this code do not apply to, nor govern the construction of and punishment for any offense committed prior to 12:01 a.m. on March 1, 1999, nor 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 the law existing in the City at the time of the commission thereof in the same manner as if this code had not been enacted.
D. 
The sections of the Revised Code of Washington (RCW) and the King County Code (KCC), now in effect and as subsequently amended, specifically enumerated in this chapter are adopted by reference into this code.
E. 
Section captions are for organizational purposes only and shall not be construed as part of this code.
(Ord. 01-0101 § 1)
A. 
The general purposes of the provisions governing the definition of offenses are to:
1. 
Forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;
2. 
Safeguard conduct that is without culpability from condemnation as criminal;
3. 
Give fair warning of the nature of the conduct declared to constitute an offense; and
4. 
Differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.
B. 
The provisions of this code shall be construed according to the fair import of their terms, and when the language is susceptible to differing constructions, it shall be interpreted to further the general purposes stated in this code.
C. 
In adopting state statutes by reference, only those crimes and offenses under the City's jurisdiction, together with applicable definitions, procedures, and penalties, are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied.
D. 
The sections of the Revised Code of Washington (RCW) and the King County Code (KCC), now in effect and as subsequently amended, specifically enumerated in this chapter are adopted by reference into this code and incorporated herein as if set forth in full. The RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of the adopted RCWs are also adopted by reference, now in effect and as subsequently amended, and incorporated herein as if set forth in full.
(Ord. 01-0101 § 2; Ord. 23-0596 § 1 (Exh. A))
Any person who commits any offense defined by this code, in whole or in part, within the corporate limits of the City is liable to arrest, prosecution and punishment.
(Ord. 01-0101 § 3)
Any offense defined by this code for which a sentence of imprisonment is authorized constitutes a violation of City ordinance and is a crime. Crimes are classified as gross misdemeanors or misdemeanors.
(Ord. 01-0101 § 4)
A. 
Unless specifically provided otherwise, every person convicted of a gross misdemeanor, or a crime not otherwise classified, shall be punished by imprisonment in jail for a maximum term of not more than one year, or by a fine in an amount of not more than $5,000, or by both such imprisonment and fine.
B. 
Unless specifically provided otherwise, every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term of not more than 90 days, or by a fine in an amount of not more than $1,000, or by both such imprisonment and fine.
C. 
The court may impose restitution as provided in RCW 9A.20.030.
D. 
In the event there is a conflict in the penalties which can be imposed upon conviction for a specific offense between the provisions of the Kenmore criminal code and the RCW, the penalty provisions of the RCW shall apply.
(Ord. 01-0101 § 5; Ord. 23-0596 § 1 (Exh. A))
A. 
A gross misdemeanor, or a crime not otherwise classified, may not be prosecuted more than two years after its commission. A misdemeanor may not be prosecuted more than one year after its commission.
B. 
Periods of limitation toll for any period of time the person charged is not usually and publicly resident within this State, or for any other reason authorized by law or court rule.
C. 
If a complaint or an information filed before the end of a period of limitation is thereafter set aside, then the period is extended by a period equal to the length of time from the filing to the setting aside.
(Ord. 01-0101 § 6)
A. 
Every person charged with an offense is presumed innocent unless proven guilty by competent evidence establishing each element of the offense beyond a reasonable doubt.
B. 
When an offense has been proven against a person but a reasonable doubt exists as to the degree of the crime, a conviction shall be entered only as to the lowest degree.
(Ord. 01-0101 § 7)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
People capable of committing crimes - Culpability of children.
Common law to supplement statutes.
Who amenable to criminal statutes.
Application of general provisions of code.
Definitions.
Citizen immunity if aiding officer, scope - When.
Omission, when not punishable.
Sending letter, when complete.
(Ord. 01-0101 § 8)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
General requirements of culpability.
Liability for conduct of another - Complicity.
Criminal liability of corporations and persons acting or under a duty to act in their behalf.
(Ord. 01-0101 § 9)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Insanity.
Definitions.
Use of force - When lawful.
Homicide - When excusable.
Justifiable homicide or use of deadly force by public officer, peace offer, person aiding.
Homicide - By other person - When justifiable.
Duress.
Entrapment.
Action for being detained on mercantile establishment premises for investigation - “Reasonable grounds” as defense.
Intoxication.
Use of force on children - Policy - Actions presumed unreasonable.
(Ord. 01-0101 § 10)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Definitions.
“Card of identification,” “licensee,” “store employee” defined for certain purposes.
Card of identification may be accepted as identification card and evidence of legal age.
Card of identification to be presented on request of licensee.
Unlawful acts relating to card of identification and certification card - Penalty.
Licensed premises or banquet permit premises open to inspection - Failure to allow, violation.
RCW 66.32
Search and Seizure; entire chapter.
RCW 66.44
Enforcement - Penalties; entire chapter.
(Ord. 01-0101 § 14)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
False certificate of registration of animals - False representation as to breed.
Pet animals - Taking, concealing, injuring, killing, etc. - Penalty.
(Ord. 01-0101 § 15)
Any person who willfully and without authority in law kills, maims or disfigures an animal belonging to another, or exposes any poisons or noxious substance with intent that it should be taken by such animal, is guilty of a misdemeanor.
(Ord. 01-0101 § 16)
The following provisions of the RCW as presently constituted or hereinafter amended, renumbered, or recodified are adopted by reference and incorporated as if such sections were set forth fully herein:
Definitions.
Drug paraphernalia - Definitions.
Containers.
Counterfeit substances - Penalties.
Possession of controlled substance - Penalty - Possession of useable cannabis, cannabis concentrates, or cannabis-infused products - delivery
Possession of forty grams of marihuana - Penalty.
Second or subsequent offenses.
Prohibited acts - E-Penalties.
Drug paraphernalia - Selling or giving - Penalty.
Violations - Juvenile driving privileges.
Misdemeanor violations - Minimum imprisonment.
Seizure and forfeiture.
Burden of proof, liabilities.
Search and seizure of controlled substances.
Sale, delivery, or possession of legend drug without prescription or order prohibited - Exceptions - Penalty.
(Ord. 01-0101 § 19; Ord. 04-0205 § 1; Ord. 23-0596 § 1 (Exh. A))
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Definitions.
Custodial interference in the second degree.
Custodial interference - Assessment of costs - Defense - Consent defense, restricted.
(Ord. 01-0101 § 26)
Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person:
A. 
Uses abusive language and thereby intentionally creates a risk of assault;
B. 
Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;
C. 
Intentionally obstructs vehicular or pedestrian traffic without lawful authority;
D. 
Intentionally and without lawful authority makes noise which unreasonably disturbs another;
E. 
Intentionally engages in any conduct which tends to or does disturb the public peace, provides disorder, or endangers the safety of others; or
F. 
Fights by agreement, except as part of an organized athletic event.
(Ord. 01-0101 § 27)
A. 
Any person who enters or remains in any school building, classroom or upon any school ground, street sidewalk or public way adjacent thereto and intentionally causes disruption of the activities of the school is guilty of a gross misdemeanor.
B. 
As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher education.
(Ord. 01-0101 § 28)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Interfering with the reporting of domestic violence.
Definitions.
Law enforcement officers - Training, powers, duties - Domestic violence reports.
Restrictions upon and duties of court.
Appearances by defendant - No-contact order.
Victim contact - Restriction, prohibition - Violation, penalties - Written order - Procedures.
Enforcement of orders.
Restraining orders - Notice - Refusal to comply - Arrest - Penalty - Defense - Peace officers, immunity.
Definitions.
Commencement of action - Jurisdiction - Venue.
Orders under this chapter and Chapter 26.09, 26.10, or 26.26 RCW - Enforcement - Consolidation.
Petition for an order for protection - Availability of forms and informational brochures - Bond not required.
Fees not permitted - Filing, service of process, certified copies.
Hearing - Service - Time.
Relief - Duration - Realignment of designation of parties - Award of costs, service fees, and attorneys’ fees.
Ex parte temporary order for protection.
Issuance of order - Assistance of peace officer - Designation of appropriate law enforcement agency.
Order - Service - Fees.
Order - Transmittal to law enforcement agency - Record in law enforcement information system - Enforceability.
Violation of order - Penalties.
Enforcement of ex parte order - Knowledge of order prerequisite to penalties - Reasonable efforts to serve copy of order.
Violation of order - Prosecuting attorney or attorney for municipality may be requested to assist - Cost and attorney’s fees.
Order - Modification - Transmittal.
Peace officers - Immunity.
Judicial information system - Data base.
Title to real estate - Effect.
Proceedings additional.
Short title.
(Ord. 01-0101 § 29)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
False representation concerning credit.
False representation concerning title.
(Ord. 01-0101 § 32)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Definitions.
False swearing.
Perjury and false swearing - Inconsistent statements - Degree of crime.
Perjury and false swearing - Retraction.
Perjury and false swearing - Irregularities no defense.
Statement of what one does not know to be true.
Jury tampering.
Tampering with physical evidence.
(Ord. 01-0101 § 33)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Operating engine or boiler without spark arrester.
Tampering with fire alarm or fire fighting equipment - False alarm - Penalties.
(Ord. 01-0101 § 34)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Terms defined.
Carrying firearms.
Exceptions to restrictions on carrying firearms.
Concealed pistol license - Application - Fee - Renewal.
Concealed pistol license - Revocation.
Delivery to ineligible persons.
Dealer deliveries regulated - Hold on delivery.
Officials and agencies - Immunity, writ of mandamus.
Forfeiture of firearms - Disposition - Confiscation.
Dealer licensing and registration required.
Dealer’s licenses, by whom granted, conditions, fees - Employees, fingerprinting and background checks - Wholesale sales excepted - Permits prohibited.
Firearms as loan security.
Alteration of identifying marks - Exceptions.
Alien’s license to carry firearms - Exceptions.
Aiming or discharging firearms, dangerous weapons.
Possession of pistol by person from eighteen to twenty-one.
Dangerous weapons – Penalty.
Dangerous exhibitions.
Weapons apparently capable of producing bodily harm – Unlawful carrying or handling – Penalty – Exceptions.
Possessing dangerous weapons on school facilities – Penalty – Exceptions.
Weapons prohibited in certain places – Local laws and ordinances – Exceptions – Penalty.
Penalty.
(Ord. 01-0101 § 35(1))
[1]
Code reviser’s note: For additional provisions, see Chapter 9.20 KMC.
Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor; provided, however, that the provisions of this section do not apply to a person acting in self defense; engaged in military activities sponsored by the federal or State governments, while engaged in official duties; law enforcement personnel; security personnel while engaged in official duties; or a person utilizing a properly licensed institutional, membership, and/or commercial shooting range.
(Ord. 01-0101 § 36)
A. 
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Fraud in obtaining telecommunications service - Penalty.
Encumbered, leased, or rented personal property - Construction.
Mock auctions.
Fraudulent removal of property.
Knowingly receiving fraudulent conveyance.
Fraud in assignment for benefit of creditors.
Theft of rental, leased, or lease-purchased property.
Definitions.
Criminal impersonation in the first degree.
Criminal impersonation in the second degree.
False certification.
Definitions.
Defrauding a public utility.
Defrauding a public utility in the third degree.
Restitution and costs.
(Ord. 01-0101 § 37(1); Ord. 04-0205 § 2)
[1]
Code reviser’s note: For additional provisions, see Chapter 9.25 KMC.
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Violations relating to fraud or deceit.
Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts.
Obstruction of public servant – Penalty.
Cheating.
Working in gambling activity without license as violation – Penalty.
Enforcement – Commission as law enforcement agency.
Ownership or interest in gambling device – Penalty – Exceptions.
Gambling records – Penalty – Exceptions.
Professional gambling in the third degree.
Gambling devices, real and personal property – Seizure and forfeiture.
Slot machines, antique – Defenses concerning – Presumption created.
Gambling information, transmitting or receiving.
Gambling property or premises – Common nuisances, abatement – Termination of interests, licenses – Enforcement.
Proof of possession as evidence of knowledge of its character.
(Ord. 01-0101 § 38)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Telephone harassment.
Telephone harassment – Permitting telephone to be used.
Telephone harassment – Offense, where deemed committed.
Legislative finding.
Definition – Penalties.
Place where committed.
Court-ordered requirements upon person charged with crime – Violation.
Arraignment – No-contact order.
Crimes included in harassment.
Enforcement of orders restricting contact.
Order restricting contact – Violation.
Nonliability of peace officer.
“Convicted,” time when.
Stalking.
(Ord. 01-0101 § 39)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Polluting water supply.
Littering prohibited - Penalties.
Definitions.
Smoking in public places except designated smoking areas prohibited.
Designation of smoking areas in public places - Exceptions - Restaurant smoking areas - Entire facility or area may be designated as nonsmoking.
Owners, lessees to post signs prohibiting or permitting smoking - Boundaries to be clearly designated.
Intent of chapter as applied to certain private workplaces.
Intentional violation of chapter - Removing, defacing, or destroying required sign – Fine – Notice of infraction – Exceptions – Violations of RCW 70.160.040 or 70.160.050 – Subsequent violations – Fine – Enforcement by fire officials.
(Ord. 01-0101 § 42)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Denial of civil rights - Terms defined.
Unlawful bus conduct.
Leaving children unattended in parked automobile.
Metal buyers - Records of purchases - Penalty.
Disposal of trash in charity donation receptacle.
(Ord. 01-0101 § 44(1))
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Definitions.
Refusing to summon aid for a peace officer.
Resisting arrest.
Rendering criminal assistance - Definition of terms.
Relative defined.
Rendering criminal assistance in the first degree.
Rendering criminal assistance in the second degree.
Rendering criminal assistance in the third degree.
Compounding.
Escape in the third degree.
Introducing contraband in the third degree.
Bail jumping.
Making a false or misleading statement to a public servant.
Escaped prisoner recaptured.
Malicious prosecution.
Instituting suit in name of another.
(Ord. 01-0101 § 46)
A. 
It is unlawful for any person to make any willfully untrue, misleading or exaggerated statement to, or to willfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties. Obstructing public officers is a misdemeanor.
B. 
“Public officer” as used in this section shall mean any police officer, the fire chief and his or her designees, any health officer, the public works director and his or her designees, the city clerk and his or her designees, code enforcement personnel and other City personnel authorized to enforce City ordinances, statutes and codes.
(Ord. 01-0101 § 47)
The following provisions of the King County Board of Health Code as presently constituted or hereinafter amended are adopted by reference:
KCBHC Chapter 9.10
General Requirements Regarding Bicycle Helmets; entire chapter.
KCBHC Chapter 9.15
Enforcement; entire chapter.
(Ord. 01-0101 § 49)
A. 
Except as otherwise required by State law, any single conviction under Chapter 9.50 KMC within any period of 12 months shall be a misdemeanor. Any second or subsequent conviction under Chapter 9.50 KMC within any period of 12 months from a first or prior conviction of the same or similar offense shall be a gross misdemeanor.
B. 
The court may suspend all or a portion of the term of imprisonment or fine on condition that a person convicted of a crime under Chapter 9.50 KMC never enter into, or be present in, any antiprostitution emphasis area during the term of any such suspension or deferral. The court may further require AIDS testing and counseling, as a condition of suspension or deferral pursuant to RCW 70.24.350, at the defendant’s expense; provided, that King County, as agent for the City pursuant to interlocal agreement, may require such testing and counseling as provided in RCW 70.24.360 upon imprisonment in jail of any such convicted person.
C. 
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Indecent exposure.
(Ord. 01-0101 § 54(2), (3), (4))
[1]
Code reviser’s note: For additional provisions, see Chapter 9.50 KMC.
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Definition.
Processors of depictions of minors engaged in sexually explicit conduct - Report required.
Communication with minor for immoral purposes.
Seizure and forfeiture of property.
Definitions.
Allowing minor on premises of live erotic performance.
Penalty.
Duty of witness of offense against child or any violent offense - Penalty.
(Ord. 01-0101 § 55(1))
[1]
Code reviser’s note: For additional provisions, see Chapters 9.55, 9.57 and 9.65 KMC.
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Telephone company credit cards - Prohibited acts.
Definitions.
Fraud in obtaining telecommunications service - Penalty.
Fraud in operating coin-box telephone or other receptacle.
Penalty for manufacture or sale of slugs to be used for coin.
(Ord. 01-0101 § 56)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Selling or giving tobacco to minor - Belief of representative capacity, no defense - Penalty.
Purchasing or obtaining tobacco by persons under the age of eighteen - Civil infraction.
(Ord. 01-0101 § 57)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Definitions.
Theft - Definition, defense.
Theft in the third degree.
Unlawful issuance of checks or drafts.
Theft and larceny equated.
Possessing stolen property - Definition - Presumption.
Possessing stolen property in the third degree.
Obscuring the identity of a machine.
Theft of subscription television services.
Unlawful sale of subscription television services.
Forfeiture and disposal of device used to commit violation.
Connection of channel converter.
Shopping cart theft.
(Ord. 01-0101 § 58)
Any person who throws, pushes, rolls, drops, swings or otherwise propels or projects any object, thing, or substance in such a manner as to strike or be likely to strike any moving vehicle on the public highways or streets is guilty of a misdemeanor.
(Ord. 01-0101 § 59)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Counterfeiting trademark, brand, etc.
Displaying goods with false trademark.
When deemed affixed.
Fraudulent registration of trademark.
Form and similitude defined.
Sales of petroleum products improperly labeled or by wrong grade.
Sales of petroleum products improperly labeled or by wrong grade - Penalty for violations.
Use of the words “sterling silver,” etc.
Use of the words “coin silver,” etc.
Use of the word “sterling” on mounting.
Use of the words “coin silver” on mounting.
Unlawfully marking article made of gold.
“Marked, stamped or branded,” defined.
(Ord. 01-0101 § 60)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Definitions.
Making or having burglar tools.
Criminal trespass in the first degree.
Criminal trespass in the second degree.
Criminal trespass – Defenses.
Vehicle prowling in the second degree.
Computer trespass in the second degree.
Computer trespass – Commission of other crime.
(Ord. 01-0101 § 61)
Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent charges, the person shall be guilty of a misdemeanor.
(Ord. 01-0101 § 63)
Any person who operates a motor vehicle painted and exhibiting decals, numbers, name, insignia, or other objects which simulate a City or county police or fire department vehicle, or City vehicle, without prior authorization from the police chief, fire chief, city manager, or their designees is guilty of a misdemeanor.
(Ord. 01-0101 § 64)
The following provisions of the RCW as presently constituted or hereinafter amended are adopted by reference:
Divulging telegram.
Opening sealed letter.
Intercepting, recording or divulging private communication - Consent required - Exceptions.
Persons and activities excepted from chapter.
Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080 - Standards - Court authorizations - Admissibility.
Recordings available to defense counsel.
(Ord. 01-0101 § 65)
In addition to the RCW sections that are specifically adopted by reference in this title, any act or omission defined as a misdemeanor or gross misdemeanor in state law and not specifically identified in this chapter are also adopted by reference and incorporated herein as if set forth in full, and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of the gross misdemeanors and misdemeanors, as they now exist or may be amended, renumbered, or recodified, are adopted by reference and incorporated herein as if set forth in full.
(Ord. 01-0101 § 69; Ord. 23-0596 § 1 (Exh. A))
A copy of each portion of the RCW, the King County Code, and the King County Board of Health Code adopted by reference shall be authenticated and recorded by the city clerk and not less than one copy thereof shall be available in the office of the city clerk for use and examination by the public.
(Ord. 01-0101 § 70)
The city clerk is directed to provide to the court administrator of the King County district court, shoreline division, at City expense, adequate numbers of certified copies of this chapter to permit enforcement of this chapter.
(Ord. 01-0101 § 71)