This title shall be referred to and known as the "Fircrest Penal Code," and reference to the city herein shall mean the city of Fircrest.
(Ord. 524 § 1(a), 1965)
(a)
The sections of adopted RCW as set forth in this title, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded. In opting to adopt state statutes by reference in this title, only those crimes and offenses within the jurisdiction of the city are intended to be adopted and in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors is to be applied.
(b)
If any section, subsection, sentence, or provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of this chapter, or the application of the section, subsection, sentence, or provision to other persons or circumstances, is not affected, and to this end, the sections, subsections, sentences, and provisions of this chapter are declared to be severable.
(c)
By adopting state statues, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word "state" shall appear in any statute adopted by reference in this chapter, the word "city" shall be substituted therefor; provided, however, the term "city" shall not be substituted for the term "state" in those circumstances that set forth administrative or licensing duties of the state and its subdivisions.
(d)
Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter.
(e)
Any section of this chapter that is repealed or amended by ordinance shall remain in full force and effect until the effective date of the ordinance repealing or amending the section. Any state statute that is adopted by reference which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted in this chapter shall be given its full force and effect upon the effective date of its amendment or recodification.
(f)
Except as otherwise specifically provided herein, any person violating this title shall be guilty of a misdemeanor.
(g)
Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation thereof and a separate offense thereunder.
(Ord. 524 § 1(b), 1965; Ord. 1402 § 1, 2006)
For the purpose of this title, the following words shall have the following meanings unless the context indicates otherwise:
means any child under 18 years of age who is found under the conditions, in the state, in the company of or engaged in the activities described as constituting a dependant child in the laws of the state of Washington relating to juvenile courts and delinquents or as further described or defined by the Fircrest Municipal Code or any city ordinance.
means any child less than 18 years of age who violates any law of this state, the Fircrest Municipal Code or any ordinance of this city, or who habitually uses vile, obscene, vulgar or indecent language or is guilty of immoral conduct.
as defined by RCW 10.93.020 as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
means any person under the age of 18.
means and includes natural persons of either sex, associations, copartnerships, and corporations, whether acting by themselves or by servant, agent or employee. The singular number shall, when necessary, be held and construed to include the plural, and the masculine pronoun to include the feminine.
means police officers, fire chief, health officer, street, sewer and water superintendents and engineer or their duly authorized deputies, when performing the functions of any said officers.
means Revised Code of Washington.
means a statute of the Revised Code of Washington.
(Ord. 524 § 1(c), 1965; Ord. 1402 § 2, 2006)
(a)
Upon conviction of an offense under any section of this penal code, or section of this municipal code or any other city ordinance:
(1)
The court may require a convicted defendant to pay costs. For the purpose of this section, whenever the court has levied a fine or assessed costs against a corporation or unincorporated association, the person or persons authorized to make disbursements from the assets of said organization shall be deemed to be the defendant.
(2)
Costs shall be limited to expenses specially incurred by the city in prosecuting the defendant, including but not limited to the expenses of providing the defendant with assistance of counsel. Offenders may be required to pay for the actual cost of their incarceration, if the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration. Offenders may be required to pay to the city reimbursement for their jail booking fee per the rate established in RCW 70.48.390, as now enacted or hereinafter amended. Payment of all other court-ordered financial obligations, however, shall take precedent over the payment of the cost of incarceration ordered by the court. Funds recovered from offenders will go to the city. Costs shall not include expenditures in connection with the maintenance and operation of government agencies that must be made by public irrespective of specific violations of law.
(3)
The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
(4)
A defendant who has been sentenced to pay costs, and who is not in contumacious default in the payment thereof, may at any time petition the court which sentenced him for modification of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may modify all or part of the amount due in costs, or modify the method of payment as provided in this section.
(b)
Time Allowed for Payment. When a defendant is sentenced to pay a fine or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence, the fine or costs shall be payable forthwith. A time pay assessment/fee may be imposed by the court for a time payment plan.
(c)
Default. When a defendant sentenced to pay a fine or costs defaults in the payment thereof, or of any installment, the court, on motion of the city attorney or upon its own motion, may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a show-cause summons or a warrant of arrest for the defendant's appearance.
(1)
If the court finds the default was attributable to an intentional refusal to obey the order of the court or to a failure on the defendant's part to make a good faith effort to make the payment, the court may find that the defendant is in contempt of court and may order the defendant's commitment until the fine or costs, or a specified part thereof, is paid.
(2)
The term of imprisonment for contempt for nonpayment of a fine or costs shall be set forth in the commitment order, and shall not exceed one day for each $50.00 of the fine or costs or fraction thereof, or 30 days, whichever is the shorter period. The court shall specify in its commitment order the rate of pay at which the defendant shall be given credit towards payment of the fine or costs.
(3)
If the court finds that the default is not contempt, the court may enter an order allowing the defendant additional time to pay the fine or costs of any installment thereof, and/or the court may revoke the fine or costs in whole or in part.
(4)
A default in the payment of a fine or costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of a fine or costs shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or costs has actually been collected. The defendant will be responsible for any collection costs/fees.
(Ord. 524 § 1(d), 1965; Ord. 1402 § 6, 2006)
Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 7.21 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 7.21.010 | Definitions. |
RCW 7.21.020 | Sanctions – Who may impose. |
RCW 7.21.030 | Remedial sanctions – Payment for losses. |
RCW 7.21.040 | Punitive sanctions – Fines. |
RCW 7.21.050 | Sanctions – Summary impositions – Procedure. |
RCW 7.21.060 | Administrative actions or proceedings – Petition to court for imposition of sanctions. |
RCW 7.21.070 | Appellate review. |
(Ord. 1402 § 7, 2006)
(b)
For the purpose of this title, RCW 9A.20.020, Authorized sentences for crimes committed before July 1, 1984, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
(c)
For the purpose of this title, RCW 9A.20.021, Maximum sentences for crimes committed July 1, 1984, and after, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
(d)
For the purpose of this title, RCW 9A.20.030, Alternative to a fine – Restitution, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
(e)
For the purpose of this title, "infraction" means a civil infraction pursuant to Infraction Rules for Courts of Limited Jurisdiction ("IRLJ") and any local rule adopted thereto by the Fircrest municipal court.
(Ord. 524 § 1(f), 1965; Ord. 1402 § 3, 2006; Ord. 1423 § 1, 2006)
Repealed by Ord. 1402.
(Ord. 524 § 1(h), 1965)
Repealed by Ord. 1402.
(Ord. 524 § 1(i), 1965)
In all cases where any child is dependent or delinquent under the terms of this penal code, the parent or parents, legal guardian or persons having the custody of such child, or any other person, who, by any act or omission, encourages, causes or contributes to the dependency or delinquency of such child shall be guilty of a misdemeanor.
(Ord. 524 § 1(j), 1965; Ord. 834 § 9, 1986; Ord. 987 § 9, 1991)
Any person who throws, places or otherwise causes to be thrown or placed upon the public streets and public places of the city, paper commonly known as confetti, or paper streamers, or paper or composition of any kind used in the manner as confetti, or who throws or places any kind of paper, debris, material or composition upon the public streets, alleys and public places in the city, shall be guilty of a misdemeanor.
(Ord. 901 § 1, 1988)
Any person who asks or receives any compensation, gratuity or reward for practicing fortunetelling, tea leaf reading, palmistry or clairvoyance shall be guilty of a misdemeanor. Asking or receiving any compensation, gratuity or reward shall include the receipt by the defendant of anything of value either before or after the act of fortunetelling, tea leaf reading, palmistry or clairvoyance for whatever alleged or stated purpose; provided, however, that the use of hypnotism by or under the direction of a duly licensed and practicing physician or dentist in connection with medical or dental care of a patient, or for scientific purposes are excluded from the prohibition contained in this section.
(Ord. 901 § 2, 1988)
Any person, except a person enrolled as a student in, or parents or guardians of such student, or person employed by the school or institution, who without a lawful purpose therefor willingly loiters about the building or buildings of any public or private school or institution, including schools or institutions of higher learning, or the public premises thereto, shall be guilty of a misdemeanor.
(Ord. 901 § 3, 1988)
(a)
Any of the following acts shall constitute an act of disorderly conduct:
(1)
Challenging another person to fight, or fighting by agreement; except as part of an organized athletic event.
(2)
The use of abusive or obscene language tending toward or causing a breach of the peace.
(3)
When in a public place, making noise by shouting, screaming, loud singing, squealing automobile tires, unmuffled engine exhaust, throwing objects or striking objects, which disturbs or tends to disturb the public peace.
(4)
Intentionally disrupting any lawful assembly or meeting of persons without lawful authority.
(5)
Intentionally obstructing vehicular or pedestrian traffic without lawful authority.
(6)
Throwing objects at any house, building, vehicle or person with intent to annoy, intimidate, harass or disturb any person.
(b)
Disorderly conduct is a misdemeanor.
(Ord. 901 § 4, 1988; Ord. 1402 § 5, 2006)
Any person who by noisy, riotous or tumultuous conduct disturbs the peace and quiet of the city or of any meeting or assemblage therein is guilty of a misdemeanor.
(Ord. 901 § 5, 1988)
(a)
It is unlawful for any person, firm or corporation to post any sign, notice, advertising or other matter upon any traffic control poles or signs.
(b)
It is unlawful for any person, firm or corporation to post any sign, notice, advertising or other matter upon any property, whether owned by the city or under its control or management, or upon any tree, light, telephone, power, traffic or other pole or like standard in such a manner which obstructs the view of traffic signs or obstructs the view of traffic.
(c)
It is unlawful for any person, firm or corporation to post any sign, notice, advertising or other matter upon any property, whether owned by the city or under its control or management, or upon any tree, light, telephone, power, traffic or other pole or like standard which obstructs or hinders the use of the public right-of-way.
Any such sign, notice, advertisement or any matter which violates the provisions of this section may be removed by the city of Fircrest without notice. |
Any person who violates the provisions of this section shall be guilty of a misdemeanor. |
(Ord. 901 § 5, 1988; Ord. 1420 § 1, 2006)