HomeMy WebLinkAbout2010-006ORDINANCE NO. 2010-006
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING
AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE
TITLE 9 RELATING TO PEACE, MORALS, AND SAFETY OF THE CITIZENS OF
THE CITY OF ARLINGTON
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 9, relating to the peace, morals, and safety of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 9.08.010 is amended to read as follows:
9.08.010 Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.36.041, Assault in the fourth degree.
(b) RCW 9A.36.050, Reckless endangerment.
(c) RCW 9A.36.070, Coercion.
(d) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(e) RCW 9A.36.160, Failing to summon assistance.
(f) RCW 9A.36.161, Penalty.
(g) RCW 9.61.230, Telephone harassment.
(h) RCW 9.61.240, Telephone harassment --Permitting telephone to be used.
(i) RCW 9.61.250, Telephone harassment --Offenses, where deemed committed.
0) RCW 9.61.260, Cyberstalking.
(k) RCW 10.99.020, Definitions.
(1) RCW 10.99.030, Law enforcement officers --Training, powers, duties --Domestic
violence reports.
(m) RCW 10.99.040, Duties of court--No-contact order.
(n) RCW 10.99.055, Enforcement of orders.
(o) RCW 10.99.060, Prosecutor's notice to victim --Description of available procedures.
(p) RCW 26.09.300, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
Ordinance No. 2010-006 1
(q) RCW 26.10.220, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
(r) RCW 26.44.067, Temporary restraining order or preliminary injunction--Contents--
Notice--Noncompliance--Defense--Penalty.
(s) RCW 26.50.010, Definitions.
(t) RCW 26.50.110, Order --Transmittal to law enforcement agency --Record in law
enforcement information system --Enforceability.
(u) RCW 26.50.120, Violation of order --Prosecuting attorney or attorney for
municipality may be requested to assist --costs and attorney's fee.
(v) RCW 26.50.140, Peace officers --immunity.
Section 2. Arlington Municipal Code Section 9.08.030 is amended to read as follows:
9.08.030 Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place in
the city as those terms are defined by this section.
(b) As used in this section:
(1) Aggressive begging means to beg with intent to intimidate another person
into giving money or goods.
(2) Beg means to ask for money or goods as a charity, whether by words, bodily
gestures, signs or other means.
(c) Intimidate means to coerce or frighten into submission or obedience.
(d) Public place means any road, alley, lane, parking area, sidewalk or any place, private
or otherwise, adapted to and fitted for vehicular or pedestrian travel, that is in common
use by the public with the consent, expressed or implied, of the owner or owners, and
further, any public playground, school grounds, recreation grounds, parks, parkways,
park drives, park paths and rights -of -way open to the use of the public.
(e) Aggressive begging is a gross misdemeanor.
Section 3. Arlington Municipal Code Section 9.16.080 is amended to read as follows:
9.16.080 Sexual exploitation of children and minor access to erotic materials.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 9.68A.011, Definitions.
(b) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit
conduct.
(c) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit
conduct -Report required.
(d) RCW 9.68A.110(1),(2),(5), Certain defenses barred, permitted.
(e) RCW 9.68A.120, Seizure and forfeiture of property.
(f) RCW 9.68A.130, Recovery of costs of suit by minor.
(g) RCW 9.68A.150, Allowing minor on premises of live erotic performance -Penalty.
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Section 4. Arlington Municipal Code Section 9.16.100 is repealed in its entirety.
Section 5. Arlington Municipal Code Section 9.20.030 is amended to read as follows:
9.20.030 Privacy, violating right of.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.73.010, Divulging telegram.
(b) RCW 9.73.020, Opening sealed letter.
(c) RCW 9.73.030, Intercepting, recording or divulging private communication --
Consent required --Exceptions.
(d) RCW 9.73.070, Persons and activities excepted from chapter.
(e) RCW 9.73.090, Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080--Standards--Court authorizations --Admissibility.
(f) RCW 9.73.100, Recordings available to defense counsel.
(g) RCW 9.73.080, Penalties.
Section 6. Arlington Municipal Code Section 9.20.100 is amended to read as follows:
9.20.100 Exemptions.
The following sounds are exempt from the provisions of this chapter at all times:
(a) Noise which originates from a permitted Special Event;
(c) Noise which originates from aircraft in flight or otherwise lawful aviation functions;
(d) Noise which originates from fireworks that are allowed by law or permit; or
(e) Noise which originates from fire alarms, safety equipment or emergency equipment.
Section 7. Arlington Municipal Code Section 9.28.010 is amended to read as follows:
9.28.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.56.010, Definitions.
(b) RCW 9A.56.020, Theft --Definition, defense.
(c) RCW 9A.56.050, Theft in third degree.
(d) RCW 9A.56.060, (I), (2), (3), (5), Unlawful issuance of checks or drafts.
(e) RCW 9A.56.063, Making or possessing motor vehicle theft tools.
(f) RCW 9A.56.096, Theft of rental property.
(g) RCW 9A.56.140, Possessing stolen property--Definition--Presumption.
(h) RCW 9A.56.170, Possessing stolen property in the third degree.
(i) RCW 9A.56.220, Theft of cable television services.
0) RCW 9A.56.230, Unlawful sale of cable television services.
(k) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(1) RCW 9A.56.270, Shopping cart theft.
Ordinance No. 2010-006 3
Section 8. Arlington Municipal Code Section 9.28.020 is amended to read as follows:
9.28.020 Malicious mischief and obscuring identity of machines.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.48.090, Malicious mischief in the third degree.
(b) RCW 9A.48. I 00(l), Malicious mischief --"Physical damage" defined.
(c) RCW 9A.48.105, Criminal street gang tagging and graffiti.
(c) RCW 9A.56.180, Obscuring identity of a machine.
Section 9. Arlington Municipal Code Section 9.28.040 is amended to read as follows:
9.28.040 Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing
to leave public property, violations, when — Penalty.
(b) RCW 28A.635.030, Disturbing school, school activities or meetings — Penalty.
(c) RCW 28A.635.090, Interference by force or violence — Penalty.
(d) RCW 28A.63 5. 100, Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful — Penalty.
Section 10. Arlington Municipal Code Section 9.32.010 is amended to read as follows:
9.32.010 Fraud.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.04.010, False advertising.
(b) RCW 9.45.060, Encumbered, leased or rented personal property -Construction.
(c) RCW 9.45.070, Mock auctions.
(d) RCW 9.45.080, Fraudulent removal of property.
(e) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(f) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(g) RCW 9.45.270(1), Fraudulent filing of vehicle report of sale.
(h) RCW 9A.60.045, Criminal impersonation in the second degree.
(i) RCW 9A.60.050, False certification.
0) RCW 9A.61.010, Definitions.
(k) RCW 9A.61.020, Defrauding public utility.
(1) RCW 9A.61.050, Defrauding a public utility in the third degree.
(m) RCW 9A.61.060, Restitution and costs.
Section 11. Arlington Municipal Code Section 9.36.030 is amended to read as follows:
Ordinance No. 2010-006 4
9.36.030 Obstructing justice, criminal assistance, introducing contraband and related
offenses.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.69.100, Duty of witness of offense against child or any violent offense --
Penalty.
(b) RCW 9A.72.010, Definitions.
(c) RCW 9A.72.040, False swearing.
(d) RCW 9A.72.060, Perjury and false swearing --Retraction.
(e) RCW 9A.72.070, Perjury and false swearing --Irregularities no defense.
(f) RCW 9A.72.080, Statement of what one does not know to be true.
(g) RCW 9A.72.140, Jury tampering.
(h) RCW 9A.72.150, Tampering with physical evidence.
(i) RCW 9A.76.010, Definitions.
0) RCW 9A.76.020, Obstructing a law enforcement officer.
(k) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(1) RCW 9A.76.040, Resisting arrest.
(m) RCW 9A.76.050, Rendering criminal assistance --Definition of terms.
(n) RCW 9A.76.060, Relative defined.
(o) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(p) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(q) RCW 9A.76.100, Compounding.
(r) RCW 9A.76.160, Introducing contraband in the third degree.
(s) RCW 9A.76.170(I),(2), 3(d), Bail jumping.
(t) RCW 9A.84.030, Disorderly conduct.
(u) RCW 9A.84.040, False reporting.
Section 12. Arlington Municipal Code Section 9.40.010 is amended to read as follows:
9.40.010 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 69.50.101, Definitions.
(b) RCW 69.50.204(d)(14), Schedule I -Marijuana.
(c) RCW 69.50.309, Containers.
(d) RCW 69.50.401(e), Prohibited acts: A -Penalties.
(e) RCW 69.50.412, Prohibited acts: E-Penalties.
(f) RCW 69.50.505, Seizure and forfeiture.
(g) RCW 69.50.506, Burden of proof, liabilities.
(h) RCW 69.50.509, Search and seizure of controlled substances.
Section 13. Arlington Municipal Code Section 9.40.100 is amended to read as follows:
9.40.100 Inhaling toxic fumes.
Ordinance No. 2010-006 5
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.47A.010, Definition.
(b) RCW 9.47A.020, Unlawful inhalation -Exception.
(c) RCW 9.47A.030, Possession of certain substances prohibited, when.
(d) RCW 9.47A.040, Sale of certain substances prohibited, when.
(e) RCW 9.47A.050, Penalty.
Section 14. Arlington Municipal Code Section 9.44.010 is amended to read as follows:
9.44.010 Adoption of statutes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 66.04.010, Definitions.
(b) RCW 66.20.200, Unlawful acts relating to card of identification and certification
card.
(c) RCW 66.20.210, Licensee's immunity to prosecution or suit -Certification card as
evidence of good faith.
(d) RCW 66.28.090, Licensed premises or banquet permit premises open to inspection -
Failure to allow, violation.
(e) RCW 66.44.010, Local officers to enforce law -Authority of board -Liquor
enforcement officers.
(f) RCW 66.44.040, Sufficiency of description of offenses in complaints, information,
process, etc.
(g) RCW 66.44.050, Description of offense in words of statutes -Proof required.
(h) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
(i) RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content.
0) RCW 66.44.080, Service of process on corporation.
(k) RCW 66.44.090, Acting without license.
(1) RCW 66.44.100, Opening or consuming liquor in public -Penalty.
(m) RCW 66.44.120, Unlawful use of seal.
(n) RCW 66.44.130, Sale of liquor by drink or bottle.
(o) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or
seal -Unlawful operation, possession of still or mash.
(p) RCW 66.44.150, Buying liquor illegally.
(q) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(r) RCW 66.44.170, Illegal possession of liquor with intent to sell -Prima facie evidence,
what is.
(s) RCW 66.44.175, Violations of law.
(t) RCW 66.44.180, General penalties -Jurisdiction for violation.
(u) RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(v) RCW 66.44.210, Obtaining liquor for ineligible person.
(w) RCW 66.44.240, Drinking in public conveyance -Penalty against carrier -Exception.
(x) RCW 66.44.250, Drinking in public conveyance -Penalty against individual -
Restricted application.
(y) RCW 66.44.280, Minor applying for permit.
Ordinance No. 2010-006 6
(z) RCW 66.44.290, Minor purchasing or attempting to purchase liquor.
(aa) RCW 66.44.300, Treating minor, etc, in public place where liquor sold.
(bb) RCW 66.44.310, Minor frequenting off-limits area -Misrepresentation of age -
Penalty -Classification of licenses.
(cc) RCW 66.44.325, Unlawful transfer to a minor of an identification of age.
(dd) RCW 66.44.328, Preparation or acquisition and supply to persons underage 21-one
of facsimile or official identification card -Penalty.
(ee) RCW 66.44.340, Employees 18 years and over allowed to sell and handle beer and
wine for Class E and/or Class F employers.
(ff) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor,
clean up, etc., for Class A, C, D and/or H licensed employers.
(gg) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
Section 15. Arlington Municipal Code Section 9.48.010 is amended to read as follows:
9.48.010 Firearms and dangerous weapons: prohibitions.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.41.010, Terms defined.
(b) RCW 9.41.050, Carrying firearms.
(c) RCW 9.41.060, Exceptions to restrictions on carrying firearms.
(d) RCW 9.41.080, Delivery to ineligible persons.
(e) RCW 9.41.098, Forfeiture of firearms -Disposition -Confiscation.
(f) RCW 9.41.100, Dealer licensing and registration required.
(g) RCW 9.41.140, Alteration of identifying marks -Exceptions.
(h) RCW 9.41.170, Alien's license to carry firearms -Exception.
(i) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons.
0) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one.
(k) RCW 9.41.250, Dangerous weapons -Penalty.
(1) RCW 9.41.260, Dangerous exhibitions.
(m) RCW 9.41.270, Weapons apparently capable of producing bodily harm -Unlawful
carrying or handling -Penalty -Exceptions.
(n) RCW 9.41.280, Carrying dangerous weapons on school facilities -Penalty -
Exceptions.
Section 16. Arlington Municipal Code Section 9.48.030 is amended to read as follows:
9.48.030 Weapons prohibited on liquor sale premises.
It is a misdemeanor for anyone, on or in any premises classified by the state liquor board
as off-limits to persons under twenty-one years of age to:
(a) Carry in any manner any firearm, rifle or handgun, whether such person has a license
or permit to carry such firearm or not, and whether such firearm is concealed or not; or
(b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade
of a length of three inches or more, or any razor with an unguarded blade, whether such
weapon or instrument is concealed or not; or
Ordinance No. 2010-006 7
(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser,
throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe,
bar, club or combination thereof including a device known as nunchuk sticks, or any like
device having the same or similar components or parts, whether or not connected by a
rope, chain or other device, or any explosive or any poison or injurious gas, or any other
instrument or weapon apparently capable of producing bodily harm, whether such
instrument or weapon is concealed or not.
The provisions of subsection (a) of this section will not apply to or affect the following:
(a) Any lawful act committed by a person while in his or her fixed place of business; or
(b) Any person who by virtue of his or her office or public employment is vested by law
with a duty to preserve public safety, maintain public order, or to make arrests for
offenses, whether during regular duty hours or not; or
(c) Any person making or assisting in making a lawful arrest for the commission of a
felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the
court and disposed of in accordance with statutes or ordinances governing the disposal of
confiscated or found property.
Section 17. Arlington Municipal Code Section 9.48.040 is repealed in its entirety.
Section 18. Arlington Municipal Code Section 9.52.010 is amended to read as follows:
9.52.010 Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.91.010, Denial of civil rights --Terms defined.
(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
(3) RCW 9.91.025, Unlawful bus conduct.
(4) RCW 9.91.110, Meal buyers --Records of purchases --Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(6) RCW 9.03.020, Permitting unused equipment to remain on premises.
(7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(8) RCW 9.03.040, Keeping or storing equipment for sale.
(9) RCW 16.52.011, Definitions --Principles of liability.
(10) RCW 16.52.080, Transporting or confining in unsafe manner --Penalty.
(11) RCW 16.52.085, Removal of animals for feeding--Examination--Notice--
Euthanasia.
(12) RCW 16.52.095, Cutting ears --Misdemeanor.
(13) RCW 16.52.100, Confinement without food and water --Intervention by others.
(14) RCW 16.52.110, Old or diseased animals at large.
(15) RCW 16.52.117, Animal fighting --Owners, trainers, spectators --Exceptions.
(16) RCW 16.52.165, Punishment --Conviction of misdemeanor.
(17) RCW 16.52.180, Limitations on application of chapter.
(18) RCW 16.52.185, Exclusions from chapter.
(19) RCW 16.52.190, Poisoning animals.
Ordinance No. 2010-006 8
(20) RCW 16.52.193, Poisoning animals --Strychnine sales--Records--Report on
suspected purchases.
(21) RCW 16.52.195, Poisoning animals --Penalty.
(22) RCW 16.52.200, Sentences --Forfeiture of animals --Liability for costs --Civil
penalty --Education, counseling.
(23) RCW 16.52.207, Animal cruelty in the second degree.
(24) RCW 9.46.196, Cheating --Defined.
(25) RCW 9.46.1962, Cheating in the second degree.
Section 19. Arlington Municipal Code Section 9.52.030 is repealed in its entirety.
Section 20. Arlington Municipal Code Section 9.52.040 is repealed in its entirety.
Section 21. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 22. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this i�� - day of Lr , 2010.
CITY OF ARLINGTON
Margare arson, Mayor
ATTEST:
Kristin an field, City Clerk
APPROVED AS TO FORM:
Ste en J. VeifQ, Attorney
Ordinance No. 2010-006 9
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2010-006 was approved at the March 1, 2010 City Council meeting.
ORDINANCE #2010-006
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON
MUNICIPAL CODE TITLE 9 RELATING TO PEACE, MORALS, AND
SAFETY OF THE CITIZENS OF THE CITY OF ARLINGTON."
A true and correct copy of the original ordinance is attached.
Dated this 1st day of March, 2010.
Kristin anfield
City Clerk for the City of Arlington