TITLE 6
POLICE REGULATIONS
CHAPTER 1
CRIMES AND OFFENSES; STATUTES ADOPTED
ARTICLE A. STATUTES ADOPTED 1
SECTION:
6-1A-1: Preliminary Article
6-1A-2: Revised Code Of Washington Construction
6-1A-3: General Provisions
6-1A-4: Offenses By Or Against Public Officers And Government
6-1A-5: Offenses Against The Person
6-1A-6: Offenses Against Public Health And Safety
6-1A-7: Offenses Against Public Decency
6-1A-8: Offenses Against Public Peace
6-1A-9: Offenses Against Property
6-1A-10: Consumer Protection
6-1A-11: Offenses By Or Against Minors
6-1A-12: Weapons
6-1A-13: Miscellaneous Crimes
6-1A-14: Violation; Penalty

 

Notes

1
1. See also article B of this chapter for text regarding miscellaneous offenses.
6-1A-1: PRELIMINARY ARTICLE:
The following provisions of the Revised Code Of Washington are hereby adopted including any subsequent amendments thereto:
 
9A.04.100
Proof beyond a reasonable doubt
9A.04.110
Definitions (1973 Code § 9.03.010)
 
6-1A-2: REVISED CODE OF WASHINGTON CONSTRUCTION:
   A.   Adopted By Reference: In adopting the state's statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and in those sections adopted which deal with both felonies and misdemeanors or gross misdemeanors, only the language applicable to misdemeanors or gross misdemeanors is to be applied (including to the extent that an anticipatory offense would be a misdemeanor or gross misdemeanor). By adopting state statutes, 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; 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. 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. When issuing a citation, information, or complaint for the violation of any section of the Revised Code Of Washington adopted by this chapter, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the Revised Code Of Washington section number.
   B.   Misdemeanors: With the exception of the Revised Code Of Washington sections set forth in subsection D of this section or other Revised Code Of Washington sections that are otherwise specifically disavowed in this code, all Revised Code Of Washington sections that constitute misdemeanors and gross misdemeanors and the Revised Code Of Washington sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference, as well as any future changes, amendments, recodifications, additions, or deletions to those sections, and shall be given the same force and effect as if set forth herein in full. The fact that sections of this code adopt by reference specific sections of the Revised Code Of Washington shall not affect this section. Sections of the code that specifically recite that sections of the Revised Code Of Washington are not adopted or do not apply shall control over this section.
   C.   Class C Felony Crimes: All class C felony crimes set forth in the Revised Code Of Washington are hereby adopted by reference, as well as any future changes, amendments, recodifications, additions, or deletions to those sections, for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Revised Code Of Washington chapter 9A.28. The adoption of class C felonies shall be subject to the provisions of subsections A and B of this section.
   D.   Sections Not Adopted: The following Revised Code Of Washington sections are specifically not adopted:
      1.   Revised Code Of Washington 9A.16.110, Defending against violent crime - reimbursement.
   E.   Severability: If any chapter, section, subsection, sentence, or 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 chapter, section, subsection, sentence, or provision to other persons or circumstances, is not affected, and to this end, the chapters, sections, subsections, sentences and provisions of this title are declared to be severable.
   F.   Public Duty: The provisions of this title are intended to create a duty to the public in general and not to create any duty to individuals or to any particular class of individuals. These provisions are not for the protection of any person or class of persons.
   G.   Restitution: Restitution may be imposed as part of a sentence and shall be ordered by the court whenever a person is convicted of a crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the defendant pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the defendant be required to pay restitution to a victim of an offense or offenses that are not prosecuted pursuant to a plea agreement. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim.
      1.   Restitution shall be ordered by the court whenever a person is convicted of any charge of hit and run, whether involving persons, property, or attended vehicles under FWRC 8.05.010 or Revised Code Of Washington chapter 46.52. This restitution shall include:
         a.   Damages for injury, property loss and/or lost wages attributable to leaving the scene of the accident or collision in all cases; and
         b.   Damages for injury, property loss and/or lost wages where there is a preponderance of evidence that the convicted person was at fault in the underlying accident or collision.
      2.   When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty (180) days. The court may continue the hearing beyond the one hundred eighty (180) days for good cause. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime.
      3.   The city or victim may enforce the court ordered restitution in the same manner as a judgment in a civil action. This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim.
   H.   Violation Of Probation Order: It is a misdemeanor for any person who has been convicted of a criminal offense, and has been placed, and remains, on probation in connection with a suspended or deferred sentence by a court, to knowingly violate any provision of a court's probation order.
   I.   Jurisdiction: The following persons are subject to punishment:
      1.   A person who commits in the city any crime as defined by ordinance, in whole or part;
      2.   A person who commits out of the city any act which, if committed within it, would be theft and is afterward found in the city with any of the stolen property;
      3.   A person who, being out of the city, counsels, causes, procures, aids, or abets another to commit a crime in the city; or
      4.   A person who commits an act without the city which affects persons or property within the city which, if committed within the city, would be a crime. (Ord. 905, 3-30-2011)
Loading...