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Title 11
PUBLIC PEACE, MORALS AND SAFETY *Chapters:
11.04A General Provisions
11.08A Principles of Liability
11.12 Malicious Prosecution and Criminal Contempt
11.16A Defenses
11.20 Offenses Against Public Morals
11.20A Classification of Crimes
11.23 Contempt
11.24 Nuisances
11.28A Anticipatory Offenses
11.36 Crimes Against Property
11.36A Assault, Other Crimes Involving Physical Harm, and
Domestic Violence11.40A Custodial Interference
11.41 Firearms and Weapons
11.44 Minors
11.45 Frauds and Swindles
11.48 Repealed
11.48A Arson, Reckless Burning and Malicious Mischief
11.52A Burglary and Trespass
11.56A Theft and Robbery
11.60 Fireworks
11.60A Fraud
11.61 Menacing and Telephone Harassing
11.64 Littering
11.68 Sound Trucks
11.69 Obstructing Justice
11.72 Unfair Housing Practices
11.72A Perjury and Interference With Official Proceedings
11.76 Junk Vehicles
11.76A Obstructing Governmental Operations
11.77 Drugs and Controlled Substances
11.80 Park Rules
11.80A Abuse of Office
11.84 Inspections and Search Warrants
11.84A Public Disturbance
11.86 Crimes Relating to United States and State Flags
11.87A Offenses Relating to Schools and School Personnel
11.91 Miscellaneous Crimes
11.92 City Jail Custodial Care Standards
* For the constitutional authority regarding the inherent police power of the city, see WASH. CONST. Art. 11 § 11 (1889); for the statutory provision regarding the police power of third class cities, see RCW 35.2d.290(28).
Chapter 11.04A
GENERAL PROVISIONSSections:
11.04A.010 Short title.
11.04A.020 Purposes—Principles of construction.
11.04A.030 Criminal jurisdiction.
11.04A.040 Reference to other RCW sections.
11.04A.050 People capable of committing crimes.
11.04A.060 Common law to supplement statute.
11.04A.070 Who amenable to criminal statutes.
11.04A.080 Reference to other RCW sections.
11.04A.100 Proof beyond a reasonable doubt.
11.04A.110 Definitions.
11.04A.120 Section 11.04A.110(27) amended.
11.04A.130 Serious crimes designated.
11.04A.140 Amendments to criminal code provisions adopted by reference automatically included.
11.04A.010 Short title.
This title shall be known and may be cited as the Kirkland Municipal Criminal Code. (Ord. 2879 § 2, 1985)
11.04A.020 Purposes—Principles of construction.
(a) The general purposes of the provisions governing the definitions of offenses are:
(1) To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;
(2) To safeguard conduct that is without culpability from condemnation as criminal;
(3) To give fair warning of the nature of the conduct declared to constitute an offense.
(b) The provisions of Ordinance 2375 shall be construed according to the fair import of their terms, but when the language is susceptible to different constructions, it shall be interpreted to further the general purposes stated in said ordinance.
(c) Whenever the incorporated Revised Code of Washington provisions use the words “state,” “laws of this state,” “within this state” and other similar language, “city,” “laws of this city” and “within this city” must be substituted in order to accomplish the purpose of incorporation by reference as part of Ordinance 2375. Also, definitions such as of “government” and “public servant” contained in adopted sections of Revised Code of Washington shall be interpreted so as to be lawfully enforceable under the Kirkland Municipal Code. (Ord. 2375 § 2 (part), 1978)
11.04A.030 Criminal jurisdiction.
Any person who commits within the city any act which is contrary to or prohibited by the provisions of Title 11 of this code or any mandatory ordinance of the city shall be liable for punishment. (Ord. 2375 § 2 (part), 1978)
11.04A.040 Reference to other RCW sections.
Provisions of the Revised Code of Washington not incorporated by reference may be referred to for purposes of word definition or definition of terms. (Ord. 2375 § 2 (part), 1978)
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
People capable of
committing crimes.9A.04.050
Common law to
supplement statute.9A.04.060
Who amenable to criminal
statutes.9A.04.070
(Ord. 2375 § 3 (part), 1978)
11.04A.080 Reference to other RCW sections.
If the adopted by reference section of the Revised Code of Washington refers to another incorporated section for purposes of definition or otherwise, the cited Revised Code of Washington section shall be interpreted as referring to the corresponding Kirkland Municipal Code section. (Ord. 2375 § 2 (part), 1978)
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Proof beyond a reasonable
doubt.9A.04.100
Definitions.
9A.04.110
(Ord. 2375 § 3 (part), 1978)
11.04A.120 Section 11.04A.110(27) amended.
Section 11.04A.110(27) is amended to read as follows:
11.04A.110(27) Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular; and in the feminine shall include the masculine.
(Ord. 2382 § 1, 1978)
11.04A.130 Serious crimes designated.
Sections 11.12.010
11.12.020
11.20.010
11.24.010
11.24.020
11.24.050
11.24.070
11.24.080
11.24.110
11.36.020
11.36.050
11.36.060
11.36.100
11.36A.140
11.36A.150
11.36A.210
11.40A.050(1)
11.41.020
11.41.030
11.41.050
11.41.110
11.41.120
11.41.130
11.44.030
11.44.040
11.44.050
11.44.070
11.44.080
11.44.120
11.60.010
11.72A.140(1)
11.80.050
11.80.060
11.80.070
11.80.080
11.80.150
11.80.180
11.80.210
11.80.230
11.84A.050.
(Ord. 2879 § 3, 1985: Ord. 2820 § 5, 1984: Ord. 2768 § 7, 1983: Ord. 2375 § 9, 1978)
11.04A.140 Amendments to criminal code provisions adopted by reference automatically included.
Any section of the Revised Code of Washington which has been or will be adopted by reference in this title is hereby adopted to include any amendments to such section which has been or will be enacted or authorized by the State Legislature. (Ord. 3745 § 1, 2000)
Chapter 11.08A
PRINCIPLES OF LIABILITYSections:
11.08A.010 General requirements of culpability.
11.08A.020 Liability for conduct of another—Complicity.
11.08A.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf.
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
General requirements of culpability.
9A.08.010
Liability for conduct of another—
Complicity.
9A.08.020
Criminal liability of corporations
and persons acting or under a duty
to act in their behalf.
9A.08.030
11.08A.030(1)
9A.08.030(1)
11.08A.030(2)
9A.08.030(2)
11.08A.030(3)
9A.08.030(3)
11.08A.030(4)
9A.08.030(4)
(Ord. 2375 § 4 (part), 1978)
Chapter 11.12
MALICIOUS PROSECUTION AND CRIMINAL CONTEMPT*Sections:
11.12.010 Malicious prosecution.
(S)11.12.020 Unlawful reports.
* For the statutory provisions regarding the same subject, see RCW 9.62 and RCW 9.23.
11.12.010 Malicious prosecution.
Every person who maliciously and without probable cause therefor causes or attempts to cause another to be arrested or proceeded against for any crime of which he is innocent is guilty of a misdemeanor. (Ord. 895 § 301, 1962)
(S)11.12.020 Unlawful reports.*
It is unlawful for any person to:
(1) Knowingly falsely report a crime to any police officer; or
(2) Initiate contact with a public servant and make a knowingly false statement to a public servant. (Ord. 2820 § 1, 1984)
*Serious crime (S); see Section 1.04.010.
Chapter 11.16A
DEFENSESSections:
11.16A.010 Definitions.
11.16A.020 Use of force—When lawful.
11.16A.060 Duress.
11.16A.070 Entrapment.
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Definitions.
9A.16.010
Use of force—
When lawful.
9A.16.020
11.16A.020(1)
9A.16.020(1)
11.16A.020(3)
9A.16.020(3)
11.16A.020(5)
9A.16.020(5)
Duress.
9A.16.060
11.16A.060(1)
9A.16.060(1)
11.16A.060(3)
9A.16.060(3)
11.16A.060(4)
9A.16.060(4)
Entrapment.
9A.16.070
(Ord. 2375 § 4 (part), 1978)
Chapter 11.20
OFFENSES AGAINST PUBLIC MORALS*Sections:
11.20.200 Definitions.
11.20.220 Lewd act.
11.20.225 Location of performers providing certain forms of entertainment and patrons restricted.
11.20.230 Lewd act—Exemptions.
11.20.235 Lewd act—Affirmative defenses.
11.20.240 Prostitution—Defined—Penalty.
11.20.245 Prostitution loitering.
11.20.250 Patronizing a prostitute.
11.20.260 Permitting prostitution.
11.20.270 Prostitution—Sex of parties immaterial—No defense.
11.20.280 Public display of sexually explicit material.
11.20.285 Urinating in public.
11.20.290 Body studios prohibited.
11.20.300 Facilitating offense.
* For the statutory provisions covering the same offenses, see RCW 9.68, Obscenity; RCW 9.47, Gambling; RCW 9.27.010, Disturbing Lawful Meeting; RCW 66.44.250, Drinking in a Public Conveyance; RCW 9.79.060, Pimping; and RCW 9.79.080, Indecent Exposure.
11.20.200 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
(1) “Body studio” means and includes any premises, other than a massage parlor, reducing salon, health spa or public bathhouse, upon which is furnished for a fee or charge or other like consideration, or upon which is offered to be furnished, the opportunity to paint, massage, feel, handle, or touch the unclothed body or any unclothed portion of the body of another person for the purpose of giving the other person sexual stimulation or gratification, or to be so painted, massaged, felt, handled, or touched by another person for the purpose of receiving sexual stimulation or gratification, or to observe, view or photograph any such activity and shall include any such premises which is advertised or represented in any manner whatsoever as a body painting studio, model studio, sensitivity awareness studio, or any expression or characterization which conveys the same or similar meaning and which leads to the reasonable belief that there will be furnished on such premises for a fee or charge or other like consideration, the opportunity to paint, massage, feel, handle or touch the unclothed body or an unclothed portion of the body of another person or to be so painted, massaged, felt, handled or touched by another person for the purpose of giving or receiving sexual stimulation or gratification, or to observe, view or photograph any such activity.
(2) “Exposed” means the state of being revealed, exhibited or otherwise rendered open to public view.
(3) “Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of theme, story or ideas, but excluding any dance such as, but not limited to, common barroom-type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interests, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political or scientific value.
(4) “Known prostitute or panderer” means a person who, within one year previous to the date of arrest for violation of Section 11.20.240 has within the knowledge of the arresting officer been convicted of an offense involving prostitution.
(5) “Lewd act” means public:
(A) Exposure of any portion of the human anus, genitals or pubic region; or
(B) Exposure of the female breasts lower than the upper edge of the areola; or
(C) Touching, caressing or fondling of the male or female genitals or female breast, whether clothed or naked; or
(D) Masturbation; or
(E) Sexual conduct as defined by subsection 9 of this section.
(6) “Person” means and includes natural persons of either sex, firms, corporations, and all associations of natural persons, whether acting by themselves or by an agent, servant, or employee.
(7) “Public” or “public display” means easily audible or visible from a public thoroughfare, or from property of others, or in a public place in a manner so obtrusive as to make it difficult for an unwilling observer, should one arrive, to avoid the observation.
(8) “Public place” means any place in which the general public has a right to be present, and any area open to public view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided. Also, public place is an entire area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(9) “Sexual contact” means:
(A) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
(B) Any penetration of the vagina or anus, however slight, by an object, when committed by one person on another; whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; or
(C) Any contact between persons involving the sex organs of one person and the mouth or anus of another, whether such persons are of the same or opposite sex; or
(D) Masturbation, manual or instrumental, of one person by another.
(10) “Sexually explicit material” means any pictorial or three-dimensional material depicting human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral or anal intercourse), direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display under this definition, such material shall be adjudged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this section.
(Ord. 3331 § 4 (part), 1992)
11.20.220 Lewd act.
Every person who intentionally performs any lewd act in a public place or in public is guilty of a gross misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.225 Location of performers providing certain forms of entertainment and patrons restricted.
(a) Every entertainer who shall appear in any public place while unclothed or with any portion of the crack of the buttocks, the genitals, pubic region or female breasts below the upper edge of the areola exposed, where such activity is lawful, shall confine himself or herself to a stage or other surface that is raised at least eighteen inches above the level of the floor upon which the closest patrons are seated or standing, and not closer than six feet from the nearest patron. Violation of this section is a gross misdemeanor.
(b) No person or patron who enters a public place wherein nude entertainment is permitted, as described in Section 11.20.225, shall go within six feet of the raised stage. Violation of this section is a gross misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.230 Lewd act—Exemptions.
The prohibitions set forth in Section 11.20.220 shall not apply to any:
(1) “Expressive dance” as defined in Section 11.20.200(3);
(2) Play, opera, musical, or other dramatic work;
(3) Class, seminar or lecture conducted for a scientific or educational purpose;
(4) Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities. (Ord. 3331 § 4 (part), 1992)
11.20.235 Lewd act—Affirmative defenses.
It is an affirmative defense to a prosecution for violation of Section 11.20.220 that the nudity or other public exposure, when considered in the context in which presented, provided actual literary, artistic, political or scientific value and was not provided for commercial or sexual exploitation or with an emphasis on an appeal to a prurient interest. (Ord. 3331 § 4 (part), 1992)
11.20.240 Prostitution—Defined—Penalty.
Every person who engages or agrees or offers to engage in sexual conduct as defined in Section 11.20.200(9) with another person in return for a fee is guilty of a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.245 Prostitution loitering.
(a) Every person who remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution is guilty of a misdemeanor.
(b) Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she:
(1) Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation; or
(2) Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or by making any other bodily gesture; or
(3) Is a known prostitute or panderer. (Ord. 3331 § 4 (part), 1992)
11.20.250 Patronizing a prostitute.
Every person who:
(1) Pursuant to a prior understanding, pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him/her; or
(2) Pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him/her; or
(3) Solicits or requests a known prostitute to engage in sexual conduct with him/her in return for a fee; is guilty of a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.260 Permitting prostitution.
A person is guilty of permitting prostitution if, having possession or control of premises which he or she knows are being used for prostitution purposes, he or she fails without lawful excuse to make reasonable effort to halt or abate such use. Violation of this section is a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.270 Prostitution—Sex of parties immaterial—No defense.
In any prosecution for prostitution or patronizing a prostitute, the sex of the parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial and is not a defense to the charge. (Ord. 3331 § 4 (part), 1992)
11.20.280 Public display of sexually explicit material.
(a) A person is guilty of displaying sexually explicit material if he knowingly places such material upon public display, or if he knowingly fails to take prompt action to remove a display from property in his possession after learning of its existence.
(b) Material is placed upon public display if it is placed on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that sexually explicit material is easily visible from a public thoroughfare or from the property of others.
(c) Public display of sexually explicit material is a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.285 Urinating in public.
A person is guilty of urinating in public if he 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. Violation of this section is a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.290 Body studios prohibited.
It is unlawful for any person to operate, conduct or maintain a body studio, or to knowingly participate in any business or conduct related thereto on the premises of a body studio, or to knowingly be employed on such premises. Violation of this section is a gross misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.300 Facilitating offense.
It is unlawful for the owner, lessee, manager, operator or other person in charge of any public place to knowingly permit, encourage or cause to be committed, whether by commission or omission, any offense prohibited by this chapter upon the premises. Violation of this section is a misdemeanor. (Ord. 3331 § 4 (part), 1992)
Chapter 11.20A
CLASSIFICATION OF CRIMESSections:
11.20A.030 Alternative to a fine—Restitution.
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Alternative to a fine—
Restitution.
9A.20.030
(Ord. 2375 § 4 (part), 1978)
Chapter 11.23
CONTEMPTSections:
(S)11.23.010 Criminal contempt.
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Criminal contempt.*
9.23.010
(Ord. 2375 § 5 (part), 1978)
* Serious crime (S); see Section 1.04.010.
Chapter 11.24
NUISANCESSections:
11.24.010 Definitions.
11.24.020 Public nuisance defined.
11.24.030 Violation of city or state law—Found to be in violation of federal law.
11.24.040 Determination of public nuisance by director.
11.24.050 Administrative abatement of nuisance on public property authorized—Procedure.
11.24.060 Administrative abatement of nuisance on private property authorized—Procedures—Order—Review.
11.24.070 Abatement by city—Safeguards.
11.24.080 Abatement—Cost—Collection.
11.24.090 Public nuisance—Criminal offense.
11.24.100 Remedies—Cumulative—Not exclusive.
11.24.010 Definitions.
(a) “Costs” means, but is not limited to, contract expense and city employee labor expense incurred in abating a nuisance, a rental fee for city equipment used in abatement, costs of storage, disposal or destruction, legal expenses and attorneys’ fees associated with civil judicial enforcement of abatement orders or in seeking abatement orders, and any other costs incurred by the city excluding, however, fees and expenses associated with appeals authorized by this chapter or by state law.
(b) “Director” means Kirkland’s director of planning and community development, the chief of police or either of their designees.
(c) “Graffiti” means unauthorized markings, visible from premises open to the public, that have been placed upon any property through the use of paint, ink, dye or any other substance capable of marking property.
(d) “Responsible parties” means, as applicable, the owners of the property constituting the nuisance, the owners of the property upon which the nuisance is occurring and any other persons, corporations or other entities responsible for creating, allowing, maintaining or continuing the nuisance. (Ord. 3881 § 1, 2003: Ord. 3746 § 1 (part), 2000)
11.24.020 Public nuisance defined.
Every act done, every omission to perform a duty and any property allowed to remain in place which unreasonably:
(1) Annoys, injures or endangers the health, welfare, safety, comfort or repose of members of the public in any manner, including but not limited to:
(a) Depositing or disposing of any garbage, waste, litter, or other offensive material in any public park, street, alley, highway or other private or public area within the city;
(b) Performing any trade, employment, or manufacture in the city which results in offensive odors, hazardous wastes, or other annoyances and which annoys, injures or is offensive or detrimental to the health, welfare or safety of employees or to members of the public;
(c) Burning any material so as to cause or permit the smoke, ashes, soot, or gases arising from such burning to become discomforting or annoying, or to injure or endanger the health, welfare or safety of any person or neighborhood;
(d) Maintaining or using any building, house, room, or other structure or vehicle for the purpose of lewd acts or prostitution as defined in Chapter 11.20;
(e) Maintaining or using any house, room, booth, or other structure as a place of resort where disorderly persons are allowed to congregate, or in which drunkenness is carried on or permitted;
(f) Beginning, maintaining, permitting or abandoning any excavation which is detrimental to the health, welfare or safety of the public;
(g) Storing, maintaining, or using, in or upon any public or private place in the city so as to be offensive or injurious to the health, welfare or safety of the public, or unpleasant or disagreeable to the adjacent residences or persons, any unsound, putrid or unwholesome substance; any structure, drain, sewer or septic tank; or any noxious, offensive, hazardous or otherwise dangerous chemicals or substances;
(h) Maintaining or operating premises, buildings and vehicles whereon or wherein intoxicating liquor is manufactured, sold, furnished, or consumed, in violation of the laws of the state or the ordinances of the city;
(i) Permitting or maintaining vacant, unused or unoccupied buildings and structures within the city in a manner detrimental to the health, welfare or safety of the public;
(j) Discarding, abandoning or leaving in any place accessible to children any refrigerator, icebox or deep-freeze locker having a capacity of one and one-half cubic feet or more, or any other container manufactured, custom-made or homemade, designed for storage, which has not had the door or latching mechanism removed to prevent the latching or locking of the door;
(k) Placing or maintaining any sign, poster or other advertising matter of any nature upon a telephone or other poles, trees, sidewalks, streets, signs, traffic signs or other traffic-control devices or other structures or places within streets, alleys or other public places or rights-of-way;
(l) Maintaining buildings, vehicles or other structures, or any parts thereof, wherein any gambling, as defined by RCW 9.46.020, may be found, and any gambling device, as defined by RCW 9.46.020, may be found, except as licensed and within the scope of the license required under state or city law;
(m) Permitting irrigation or other water to run by or on any street, alley or other public place so as to cause settling or damage to the street, alley or other public place, or to cause annoyance, damage or hazard to any user of the street, alley or other public place; or
(n) Writing graffiti or allowing graffiti to remain in place;
(2) Offends public decency; or
(3) Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a public park, street, alley, highway, or other public area, shall constitute a public nuisance. Where the meaning of any of the foregoing terms is not obvious, they shall have that meaning as provided under the common law. (Ord. 3881 § 2, 2003: Ord. 3746 § 1 (part), 2000)
11.24.030 Violation of city or state law—Found to be in violation of federal law.
(a) Any business within the city that is operated either in violation of city or state law or has been found to be in violation of federal law is declared to be a public nuisance.
(b) Any act, omission, or property which includes, causes, or involves one or more violations of any city ordinance adopted to further the public interest in protecting, maintaining, or restoring the physical and natural environment is declared to be a public nuisance. (Ord. 3746 § 1 (part), 2000)
11.24.040 Determination of public nuisance by director.
The director shall determine whether the act, omission or property complained of, or otherwise discovered, constitutes a public nuisance. Standards developed by the director for making these determinations shall be consistently applied. (Ord. 3746 § 1 (part), 2000)
11.24.050 Administrative abatement of nuisance on public property authorized—Procedure.
(a) A public nuisance found upon a right-of-way, public easement or other public property shall be abated summarily by the director by removal and disposal or destruction at the director’s discretion.
(b) Private property removed and not disposed or destroyed may be held by the city or its designee for thirty days from the date removed. Thereafter, if the property is unclaimed, the property may be sold by auction and the proceeds from the sale may be retained by the city. The owner of the property may claim the property until sold by paying all costs incurred by the city and designee in removing and holding the property. (Ord. 3746 § 1 (part), 2000)
11.24.060 Administrative abatement of nuisance on private property authorized—Procedures—Order—Review.
(a) Upon the discovery of a public nuisance on private property that does not constitute an immediate threat to the public health, welfare or safety, the director shall issue an order of abatement to the appropriate responsible parties identifying the nuisance and applicable code section violated, imposing a civil fine of not more than five thousand dollars and the date by which it must be paid, ordering a method of abatement, the date by which abatement must be accomplished, and containing notice of any right of appeal.
(b) In case of a failure to abate or to appeal, the director shall notify the appropriate responsible parties that the city will abate the nuisance, the date abatement will occur, and that the city will assess the cost of abatement and any fine levied jointly and severally against the responsible parties, the subject property or both; provided, that in cases of immediate necessity as determined by the director, prior notification under this subsection may be dispensed with and the director shall provide the notice after the abatement has occurred. Such notice shall state the date the abatement occurred, the amount due the city for costs incurred in abating the nuisance, any fines levied and identifying the sources as provided in Section 11.24.080 from which such costs and fines may be satisfied.
(c) An order of abatement or any notice required herein shall be served upon the appropriate responsible parties as determined by the director.
(1) Such service may be done personally, by certified mail to the last known address of each person to whom the order or notice applies, by posting the real property upon which the nuisance is occurring or by certified mail to the owner of the real property at the address appearing on the tax rolls for King County.
(2) In the event any of these persons cannot be found or no address can be obtained after reasonable effort, and posting would violate any law or would be impracticable, upon a written finding of the foregoing by the director, the order or notice may be given by publication once in the city’s official newspaper as designated pursuant to Chapter 1.08.
(d) An order of abatement, including fine, may be appealed to the hearing examiner using the procedures provided in KZC 170.40(5)(b) and (d), (6)(a) and (7).
(1) The hearing examiner may sustain the order and fine, modify the order and fine or dismiss the order and fine; provided, that whenever the order is sustained or modified, the hearing examiner shall establish a new date for abatement or affirm the original date. When appropriate, the hearing examiner may also require that the appellant post a bond to secure performance of the abatement by the appellant.
(2) A sustained or modified order shall also provide that in the event the appellant does not abate the nuisance by the date provided in the order, the director may abate the nuisance in any reasonable manner without further notice and that any costs and fines may be satisfied by the sale of any property obtained by the abatement or collected directly from the appellant or other responsible parties previously notified of the order of abatement.
(e) The decision of the hearing examiner may be appealed to the city council using the procedures provided in KZC 150.80(2) through (4) and KZC 150.95 through 150.125. Whenever an order of abatement is affirmed or modified, the council shall establish a new date for abatement or affirm the original date and provide that in the event the appellant does not abate the nuisance by the date provided in the order, the director may abate the nuisance in any reasonable manner without further notice and that any costs and fines may be satisfied by the sale of any property obtained by the abatement or collected directly from the appellant or other person(s) responsible for the nuisance that were previously notified of the order of abatement.
(f) Notwithstanding the foregoing, the director may summarily abate a public nuisance on private property without prior notice using the procedures set forth in Section 11.24.050 whenever it is:
(1) Of such a character and so situated that it can be abated without the invasion or destruction of property or the prejudice of any right; or
(2) Of such character as to constitute an imminent threat to the public health, welfare or safety. (Ord. 3746 § 1 (part), 2000)
11.24.070 Abatement by city—Safeguards.
Any abatement of a nuisance by the city must be implemented with due care so as to minimize risk of injury to persons or unnecessary destruction of property. In all cases the city employee abating the nuisance is authorized to employ such assistance and adopt such means as may be necessary to effect the abatement of the nuisance. (Ord. 3746 § 1 (part), 2000)
11.24.080 Abatement—Cost—Collection.
(a) At the director’s discretion, the costs of abatement and fines shall be a lien against and collected from the sale of the property constituting the nuisance, the responsible parties, who shall be jointly and severally liable for the costs, or both.
(b) The city shall maintain an account of all costs incurred in performing an abatement.
(c) In addition to other powers given in this chapter to collect abatement costs, the city attorney may bring suit for recovery of the costs of any abatement in any court of competent jurisdiction, in the name of the city, against the subject property or the responsible parties. (Ord. 3746 § 1 (part), 2000)
11.24.090 Public nuisance—Criminal offense.
(a) Any person who creates, causes, allows, maintains, or continues a public nuisance is guilty of a gross misdemeanor.
(b) Additionally, any person(s) subject to a final order of abatement who fails to abate the nuisance as provided in a final order of abatement shall be guilty of a gross misdemeanor, and each day the nuisance is maintained shall be a separate offense.
(c) In addition to such other penalties as may be imposed, a court entering a judgment of guilty under subsection (a) or (b) of this section may order as a condition of sentence: (1) the abatement of the public nuisance on such terms and conditions as may be just and equitable; and (2) the reimbursement of the city for any abatement costs as defined in this chapter.
(d) For purposes of subsection (b) of this section, a “final order” means an order of abatement that was not appealed or an order of abatement affirmed on appeal and from which affirmance no further appeal is or could be taken. (Ord. 3746 § 1 (part), 2000)
11.24.100 Remedies—Cumulative—Not exclusive.
The remedies provided in this chapter, including but not limited to fines, recovery of costs and criminal prosecution, are not exclusive and the city retains the right to pursue all other rights or remedies that might be available. Further, the remedies provided in this chapter, and any other rights or remedies available, are cumulative and any or all may be pursued concurrently or at any separate time. (Ord. 3746 § 1 (part), 2000)
Chapter 11.28A
ANTICIPATORY OFFENSESSections:
11.28A.020 Criminal attempt.
11.28A.030 Criminal solicitation.
11.28A.040 Criminal conspiracy.
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Criminal attempt.
9A.28.020(1)
11.28A.020(2)
9A.28.020(2)
Criminal solicitation.
9A.28.030(1)
Criminal conspiracy.
9A.28.040(1)
11.28A.040(2)
9A.28.040(2)
(Ord. 2375 § 4 (part), 1978)
Chapter 11.36
CRIMES AGAINST PROPERTY*Sections:
11.36.020 Repealed.
11.36.050 Frauds on innkeeper.
11.36.060 False weights and measures.
11.36.130 Peace officer defined.
(S)11.36.140 Conversion of rental property.
(S)11.36.150 Failure to return rental property.
* For the statutory provisions covering the same offenses, see RCW 9.54, Larceny; RCW 9.45.040, Fraud on Innkeeper; RCW 9.45.120, Using False Weights and Measures; RCW 9.61, Malicious Mischief; and RCW 9.78, Shoplifting. Abandoned vehicles— See Chapter 11.76 of this title.
11.36.020 Taking motor vehicle without permission.
Repealed by Ord. 3490. (Ord. 895 § 902, 1962)
11.36.050 Frauds on innkeeper.
Every person who obtains any food, lodging or accommodation at any hotel, restaurant, boardinghouse or lodging house without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at a hotel, restaurant, boardinghouse or lodging house by color or aid of any false pretenses, representation, token or writing, or who after obtaining board, lodging or accommodation at a hotel, restaurant, boardinghouse or lodging house absconds or surreptitiously removes his baggage therefrom without paying for such food, lodging or accommodation, is guilty of a misdemeanor. (Ord. 895 § 905, 1962)
11.36.060 False weights and measures.
Every person who injures or defrauds another by using, with knowledge that the same is false, a false weight, measure or other apparatus for determining the quantity of any commodity or article of merchandise, or by knowingly misrepresenting the quantity thereof bought or sold; or who retains in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it or permit it to be used or placed in violation of the foregoing provisions of this section, is guilty of a misdemeanor. (Ord. 895 § 906, 1962)
11.36.130 Peace officer defined.
For the purposes of Sections 11.36.100 through 11.36.120 inclusive, “peace officer” means a duly appointed city, county or state law enforcement officer. (Ord. 1016 § 1 (part), 1966: Ord. 895 § 913, 1962)
(S)11.36.140 Conversion of rental property.*
RCW 9.45.060 is adopted by reference. (Ord. 2976 § 1 (part), 1986)
* Serious crime (S); see Section 1.04.010.
(S)11.36.150 Failure to return rental property.*
RCW 9.45.062 is adopted by reference. (Ord. 2976 § 1 (part), 1986)
* Serious crime (S); see Section 1.04.010.
Chapter 11.36A
ASSAULT, OTHER CRIMES INVOLVING PHYSICAL HARM AND DOMESTIC VIOLENCESections:
Article I. Assault and Other Crimes
(S)11.36A.040 Assault.
(S)11.36A.050 Reckless endangerment.
(S)11.36A.070 Coercion.
11.36A.080 Assault defined.
Article II. Domestic Violence
11.36A.110 Purpose.
11.36A.120 Definitions.
11.36A.130 Police officers—Duties.
(S)11.36A.140 Court—Duties.
11.36A.145 Defendant—Appearances by.
(S)11.36A.150 Sentencing—No contact order.
11.36A.155 No contact order—Enforcement.
11.36A.160 Victim—Notification of prosecution decision.
11.36A.170 Police officers—Liability.
11.36A.180 Copy of state statute on file.
(S)11.36A.210 Violation of order for protection.
11.36A.220 Any proceeding is additional remedy.
11.36A.230 Liability for arrest.
(S)11.36A.240 Violation of restraining order
11.36A.250 Violation of anti-harassment order.
11.36A.260 Interfering with the reporting of domestic violence.
(S)11.36A.270 Harassment.
Article I. Assault and Other Crimes
(S)11.36A.040 Assault.
It is unlawful for any person to assault another person. (Ord. 3081 § 2, 1988)
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Reckless endangerment.
9A.36.050(1)
Coercion.
9A.36.070(1)
11.36A.070(2)
9A.36.070(2)
(Ord. 3081 § 1, 1988; Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010
11.36A.080 Assault defined.
An assault is an act, with unlawful force, done with intent to inflict bodily injury upon another, tending, but failing to accomplish it, and accompanied with the apparent present ability to inflict the bodily injury if not prevented. It is not necessary that bodily injury be inflicted but it is sufficient if an apprehension and fear of bodily injury is created in another.
An assault is also an intentional touching or striking or cutting or shooting of the person or body of another, regardless of whether any actual physical harm is done to the other person.
An assault is also an intentional act, with unlawful force, which creates in another a reasonable apprehension and fear of bodily injury even though the actor did not actually intend to inflict bodily injury. (Ord. 2597 § 1, 1981: Ord. 2375 § 7 (part), 1978)
Article II. Domestic Violence
11.36A.110 Purpose.
RCW 10.99.010 is adopted by reference. (Ord. 2754 § 1 (part), 1983)
11.36A.120 Definitions.
RCW 10.99.020 is adopted by reference. For purposes of this chapter, “peace officer” includes a Kirkland police officer, “law enforcement agency” includes the Kirkland police department, “public attorney” means the person or persons, attorney or attorneys who have been designated by the Kirkland city manager to provide legal services pursuant to Section 3.16.040, and “legislature” shall include the city council. (Ord. 2754 § 1 (part), 1983)
11.36A.130 Police officers—Duties.
RCW 10.99.030 is adopted by reference. (Ord. 2754 § 1 (part), 1983)
(S)11.36A.140 Court—Duties.*
RCW 10.99.040, as amended by Section 22, Chapter 263, Laws of 1984, is adopted by reference. The written order provided for in RCW 10.99.040(2) shall bear the legend: Violation of this order is a criminal offense under KMC 11.36A.140, and will subject a violator to arrest. (Ord. 2820 § 2, 1984: Ord. 2768 § 3, 1983: Ord. 2754 § 1 (part), 1983)
* Serious crime (S); see Section 1.04.010.
11.36A.145 Defendant—Appearances by.
RCW 10.99.045 is adopted by reference, as amended by Section 8, Chapter 232, Laws of 1983. (Ord. 2768 § 4, 1983: Ord. 2754 § 1 (part), 1983)
(S)11.36A.150 Sentencing—No contact order.*
RCW 10.99.050 is adopted by reference; provided, that wilful violation of a court order issued under this section is a serious crime. The written order provided for in RCW 10.99.050 shall bear the legend: Violation of this order is a criminal offense under Kirkland Municipal Code Section 11.36A.150. (Ord. 2768 § 5, 1983: Ord. 2754 § 1 (part), 1983)
* Serious crime (S); see Section 1.04.010.
11.36A.155 No contact order—Enforcement.
RCW 10.99.055 is adopted by reference, as amended by Section 9, Chapter 232, Laws of 1983. (Ord. 2768 § 6, 1983: Ord. 2754 § 1 (part), 1983)
11.36A.160 Victim—Notification of prosecution decision.
RCW 10.99.060 is adopted by reference. (Ord. 2754 § 1 (part), 1983)
11.36A.170 Police officers—Liability.
RCW 10.99.070 is adopted by reference. (Ord. 2754 § 1 (part), 1983)
11.36A.180 Copy of state statute on file.
The city clerk shall maintain at all times as a public record of the city not less than one copy of RCW Chapter 10.99 for use by city officials and the general public. (Ord. 3573 § 61, 1997: Ord. 2754 § 2, 1983)
(S)11.36A.210 Violation of order for protection.*
Section 12, Chapter 263, Laws of 1984 is adopted by reference. (Ord. 2820 § 3 (part), 1984)
* Serious crime (S); see Section 1.04.010.
11.36A.220 Any proceeding is additional remedy.
Section 16, Chapter 263, Laws of 1984 is adopted by reference. (Ord. 2820 § 3 (part), 1984)
11.36A.230 Liability for arrest.
Section 17, Chapter 263, Laws of 1984 is adopted by reference. (Ord. 2820 § 3 (part), 1984)
(S)11.36A.240 Violation of restraining order.*
RCW 26.09.300 is adopted by reference. (Ord. 3204 § 1, 1990)
* Serious crime (S); see Section 1.04.010.
11.36A.250 Violation of anti-harassment order.
RCW 10.14.170 is adopted by reference. (Ord. 3373 § 1, 1993)
11.36A.260 Interfering with the reporting of domestic violence.
RCW 9A.36.150 is adopted by reference as part of this code. (Ord. 3633 § 1, 1998)
(S)11.36A.270 Harassment.*
RCW 9A.46.020 is adopted by reference. (Ord. 3679 § 1, 1999)
* Serious crime (S); see Section 1.04.010.
Chapter 11.40A
CUSTODIAL INTERFERENCESections:
11.40A.050 Custodial interference.
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Custodial interference
9A.40.070
(Ord. 2375 § 4 (part), 1978)
11.40A.050
Chapter 11.41
FIREARMS AND WEAPONS*Sections:
11.41.010 Definitions.
(S)11.41.020 Carrying firearms.
(S)11.41.030 False information.
11.41.040 Exception to concealed weapon restriction.
(S)11.41.050 Unlawful use of weapons—Exceptions.
(S)11.41.055 Dangerous weapons.
11.41.060 Weapons banned in certain places.
(S)11.41.065 Weapons prohibited in court building.
11.41.070 Confiscation of firearms.
11.41.075 Disposition of confiscated and forfeited firearms.
11.41.080 Noncitizens—License required.
11.41.090 Delivery to minors and others forbidden.
11.41.100 Use of firearms by minor.
(S)11.41.110 Loaded firearms in vehicles.
(S)11.41.120 Aiming or discharging firearms.
11.41.125 Discharging firearms in city.
(S)11.41.130 Possession of firearms by prohibited persons unlawful.
(S)11.41.135 Alteration of identifying marks—Exceptions.
11.41.140 Air gun defined.
11.41.150 Possession of air guns.
11.41.160 Exceptions.
11.41.170 Penalty for violations of air gun regulations.
* For the statutory provisions regarding firearms in general, see RCW 9.41.
11.41.010 Definitions.
(a) “Firearm,” as used in this chapter, means a weapon or device from which a projectile may be fired by an explosive such as gun powder or other chemical combustion.
(b) “Short firearm” or “pistol,” as used in this chapter, means any firearm with a barrel less than twelve inches in length, excluding pistols and revolvers manufactured prior to 1898 which are held as collector’s items. (Ord. 2768 § 2 (part), 1983)
(S)11.41.020 Carrying firearms.*
RCW 9.41.050 is adopted by reference as part of this code. (Ord. 3619 § 2, 1998)
* Serious crime (S); see Section 1.04.010.
(S)11.41.030 False information.*
RCW 9.41.130 is adopted by reference. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
11.41.040 Exception to concealed weapon restriction.
RCW 9.41.060 is adopted by reference, provided that it shall operate as an exception to Section 11.41.020 of this code. (Ord. 2768 § 2 (part), 1983)
(S)11.41.050 Unlawful use of weapons—Exceptions.*
RCW 9.41.270(1) and (3) are adopted by reference, provided that violation of subsection (1) of that section shall be a serious crime. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
(S)11.41.055 Dangerous weapons.
(a) Every person who manufactures, sells or disposes of or has in his possession any instrument, martial arts weapon or other weapon of the kind usually known as blackjack, slingshot, nunchaku, throwing star, sand club or metal knuckles or spring blade knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens or falls or is ejected into position by the force of gravity, or by an outward, downward or centrifugal thrust or movement; who shall furtively carry with intent to conceal any dagger, dirk, pistol or other dangerous weapon; or who uses any contrivance or device for suppressing the noise of any firearm, is guilty of a serious crime.
(b) Subsection (a) of this section shall not apply to any of the following:
(1) The possession of a nunchaku, throwing star or other martial arts weapon on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense;
(2) The manufacture of a nunchaku, throwing star or other martial arts weapon for sale to, or the sale of a nunchaku, throwing star or other martial arts weapon to, a school which holds a regulatory or business license and teaches the arts of self-defense.
(c) “Nunchaku” means any device consisting of two or more lengths of wood, metal, plastic or similar substance connected with wire, rope or other means.
(d) “Throwing star” means any device which is a multipointed, metal object designed to embed upon impact. (Ord. 3232 § 1, 1990)
11.41.060 Weapons banned in certain places.
Notwithstanding Section 11.41.020, it is unlawful for any person to possess a firearm in any place where intoxicating liquor is sold for consumption on the premises, in public parks, on public or private school grounds, in the Kirkland City Hall, or in the Kirkland Police Department, except the public entrance area thereto; provided that RCW 9.41.270 (3) is adopted as exception to this section. (Ord. 2768 § 2 (part), 1983)
(S)11.41.065 Weapons prohibited in court building.*
RCW 9.41.300(1)(b) is adopted by reference as part of this code. (Ord. 3619 § 3, 1998)
* Serious crime (S); see Section 1.04.010.
11.41.070 Confiscation of firearms.
A Kirkland police officer shall have the authority granted in subsection (4) of Section 6, Chapter 232, Laws of 1983, under the circumstances set forth in subsection (1) of Section 6, Chapter 232, Laws of 1983 or Section 11.41.060 of this code. (Ord. 2768 § 2 (part), 1983)
11.41.075 Disposition of confiscated and forfeited firearms.
(a) All firearms taken into the custody of the Kirkland police department prior to July 1, 1993, shall be disposed of by the Kirkland police department as authorized by RCW 9.41.098(2)(b).
(b) Firearms taken into the custody of the Kirkland police department after July 1, 1993, shall be disposed of as follows:
(1) Firearms illegal for any person to possess shall be destroyed.
(2) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.
(3) The Kirkland police department may retain a maximum of ten percent of legal forfeited firearms for agency use.
(4) All other firearms that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010 shall be destroyed. (Ord. 3499 § 1, 1995)
11.41.080 Noncitizens—License required.
RCW 9.41.170 is adopted by reference, provided that RCW 9.41.270(3) is adopted as exception to this section. (Ord. 2768 § 2 (part), 1983)
11.41.090 Delivery to minors and others forbidden.
RCW 9.41.080 is adopted by reference. (Ord. 2768 § 2 (part), 1983)
11.41.100 Use of firearms by minor.
RCW 9.41.240 is adopted by reference. (Ord. 2768 § 2 (part), 1983)
(S)11.41.110 Loaded firearms in vehicles.*
RCW 77.16.250 is adopted by reference. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
(S)11.41.120 Aiming or discharging firearms.*
It is unlawful for any person to aim any pistol or other firearm, whether loaded or not, at or towards any human being, without lawful authority, or to wilfully discharge any firearm or other weapon, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, without lawful authority. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
11.41.125 Discharging firearms in city.
Any person who shall fire off or discharge any gun, pistol or firearm of any kind within the city limits, without lawful authority, under circumstances not amounting to a violation of Section 11.41.120, shall be guilty of discharging firearms in the city. (Ord. 2768 § 2 (part), 1983)
(S)11.41.130 Possession of firearms by prohibited persons unlawful.*
It is unlawful for any person prohibited from possessing a firearm (as therein defined) under Title VII of the “Omnibus Crime Control and Safe Streets Act of 1968,” as amended by Title III of the “Gun Control Act of 1968” (Section 1201 through 1203 inclusive), to possess such a firearm within the corporate limits of the city. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
(S)11.41.135 Alteration of identifying marks—Exceptions.
RCW 9.41.140 is adopted by reference as part of this code. (Ord. 3619 § 4, 1998)
* Serious crime (S); see Section 1.04.010.
11.41.140 Air gun defined.
As used in this chapter, “air gun” means and includes the following: air gun, air pistol, air rifle, BB gun and toy guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air, gas, electricity, or spring loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB (metal or plastic), paint ball, rock or other hard substance a distance of more than twenty-five feet with sufficient force to break windows or inflict injury upon persons or animals. (Ord. 4093 § 1, 2007: Ord. 2768 § 2 (part), 1983)
11.41.150 Possession of air guns.
(a) Except as hereinafter provided, it is unlawful:
(1) For any person under eighteen years of age to carry or shoot any air gun within the city when not in the presence of his parent or other adult in loco parentis and under the direction and control of such adult;
(2) For any parent or person in loco parentis to allow, give or permit the possession of any air gun, falling within the definition contained in Section 11.41.140, to any child under the age of eighteen years, except under the provisions of subsection (a)(1) of this section;
(3) For any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapons in the direction of the person or residence of another, while within such range as would make possible injury to the person or damage the property of another;
(4) For any person to point or shoot an air gun in the direction of, while within such range as to kill, injure, or disturb any nongame bird or harmless bird or songbird;
(5) For any merchant to sell or rent any air guns to minors under eighteen years of age, except when such minor is in the presence of his parent or other adult in charge of such child.
(b) Provided further, that the provisions of subsections (a)(3) and (4) of this section shall not prohibit the use of such weapons by a person over eighteen years of age, when such use is reasonably necessary and represents reasonable force in the protection of the person or property of the user or another. (Ord. 4093 § 2, 2007: Ord. 2768 § 2 (part), 1983)
11.41.160 Exceptions.
The provisions of Section 11.41.150(a)(1) and (2) shall not apply:
(1) When such minor is possessing or using such weapons on a gun range or game course operated or conducted by any school, educational institution or other regulated group, pursuant to rules and regulations provided by the chief of police or city ordinance and licensed by the city; or
(2) When such minor is carrying such weapon unloaded and otherwise properly dismantled, to and from such licensed or authorized course; or
(3) When confined to an area within the property of the parents of such minor which complies with the regulations relating to private practice or target ranges or game courses as promulgated by the chief of police. (Ord. 4093 § 3, 2007: Ord. 2768 § 2 (part), 1983)
11.41.170 Penalty for violations of air gun regulations.
Any person convicted of violation of the provisions of Sections 11.41.150 and 11.41.160 shall be punished as provided in Section 1.04.010 of this code, and the weapon so used in violation of the provisions hereof shall be confiscated by the court. (Ord. 2768 § 2 (part), 1983)
Chapter 11.44
MINORS*Sections:
11.44.010 Proof of age.
11.44.020 Minors on moving trains.
11.44.030 Prohibited in taverns.
11.44.040 Unlawful to allow minor where intoxicants served.
11.44.050 Contributing to delinquency or dependency of minor.
11.44.055 Supplying tobacco to.
11.44.056 Possession of tobacco.
11.44.060 Liquor defined.
11.44.070 Consumption of liquor.
11.44.075 Minors publicly under influence of alcohol or drugs.
11.44.080 Supplying liquor to.
11.44.090 Liquor possession—Penalty for violation.
11.44.100 Violators under eighteen.
11.44.110 Number and gender.
11.44.120 Glue sniffing.
* For the statutory provisions regarding juvenile court law and procedure, see RCW Title 13; for the state provisions regarding glue sniffing, see Chapter 149 Laws of 1969 1st Ex. Sess.
11.44.010 Proof of age.
Any of the following officially issued forms of identification, if not visibly altered and if bearing thereon the cardholder’s signature, birth date, and photograph, shall be sufficient proof of age for the purposes of this chapter:
(1) A liquor control authority card of identification issued by any state of the United States or a province of Canada;
(2) A driver’s license, instruction permit, or identification card issued by any state of the United States or a province of Canada;
(3) A United States active duty military identification card;
(4) A passport from any nation admitted to the United Nations;
(5) A Merchant Marine identification card issued by the United States Coast Guard; or
(6) An “identicard” issued by the Washington State Department of Licensing pursuant to RCW 46.20.117. (Ord. 3313 § 2, 1992)
11.44.020 Minors on moving trains.
It is unlawful for any minor to get on or off, to get on or catch hold of, to run alongside of or in front of, or attempt to get on or catch hold of or alight from any railroad train, railroad engine, or railroad car in the city while the same is in motion. (Ord. 895 § 1102, 1962)
11.44.030 Prohibited in taverns.
Any person under the age of twenty-one years, who loiters in or about or is found to be in any tavern, is guilty of a misdemeanor. (Ord. 895 § 1103, 1962)
11.44.040 Unlawful to allow minor where intoxicants served.
Any person having charge of a public place in the city where intoxicating liquors are served who shall admit to or allow any minor to remain in the premises contrary to the laws of the state of Washington is guilty of a misdemeanor. (Ord. 895 § 1104, 1962)
11.44.050 Contributing to delinquency or dependency of minor.
In all cases where any child is dependent or delinquent under the terms of this chapter, the parent or parents, legal guardian, or persons having custody of such a child, or any other person who by any act or omission encourages, causes or contributes to the dependency or delinquency of such a child, is guilty of a misdemeanor. (Ord. 1062 § 1(c), 1966: Ord. 895 § 1105, 1962)
11.44.055 Supplying tobacco to.
It is unlawful for any person to sell, give, or otherwise supply or permit any agent or employee to sell, give or otherwise supply to any person (hereinafter referred to as “purchaser”) under the age of eighteen years, any cigar, cigarette, or tobacco in any form without first having requested and examined identification provided by the potential purchaser that positively established that said purchaser is not less than eighteen years old. In the event that the person or an agent or employee thereof fails to request and examine said identification and the purchaser was, in fact, less than eighteen years old at the time such failure occurs, such person, agent, or employee shall be deemed to have had no conclusive basis for determining that a tobacco product sale could lawfully be made to such purchaser. Any person who violates or fails to comply with the provisions herein is guilty of a gross misdemeanor. (Ord. 3313 § 1, 1992)
11.44.056 Possession of tobacco.
It is a civil infraction for any person under the age of eighteen to purchase or attempt to purchase, to possess, or to obtain or attempt to obtain cigarettes or tobacco products. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a Liquor Control Board, law enforcement, or local health department activity. The Kirkland municipal court shall have jurisdiction over a case brought under this section. A person found to have committed a violation of this section is subject to a monetary penalty, the maximum penalty and the default amount for which shall be fifty dollars, not including statutory assessments, or participation in up to four hours of community service, or both. The court may also require participation in a smoking cessation program. (Ord. 3644 § 1, 1998)
11.44.060 Liquor defined.
“Liquor” is defined in this chapter as “liquor” is currently defined in Chapter 66.04 RCW or as subsequently amended. (Ord. 3286 § 1, 1991: Ord. 895 § 1106, 1962)
11.44.070 Consumption of liquor.
It is unlawful for any person under the age of twenty-one years to acquire in any manner, consume, or have in his possession any liquor; provided, that the foregoing shall not apply in the case of liquor given or permitted to be given to such persons under the age of twenty-one years by his parents or guardian for beverage or medical purposes and which shall be consumed in the presence or premises of said parent or guardian, or administered to him by his physician or dentist for medicinal purposes. (Ord. 3286 § 2, 1991: Ord. 895 § 1107, 1962)
11.44.075 Minors publicly under influence of alcohol or drugs.
RCW 66.44.270(2)(b), (4), and (5) are adopted by reference. (Ord. 3380 § 1, 1993)
11.44.080 Supplying liquor to.
It is unlawful for any person to give or otherwise supply liquor to any person under the age of twenty-one years, or to permit any person under twenty-one years of age to consume intoxicating liquor on or in his premises, automobile, trailer or vehicle, or on or in any premises, automobile, trailer or vehicle, or on or in any premises, automobile, trailer or vehicle under his control, except as provided in Section 11.44.070 of this chapter. (Ord. 3286 § 3, 1991: Ord. 895 § 1108, 1962)
11.44.090 Liquor possession—Penalty for violation.
Any person who violates or fails to comply with any of the provisions of Sections 11.44.070 or 11.44.080, or who counsels, aids, or abets any such violation or failure to comply, is guilty of such violation and guilty of a misdemeanor. (Ord. 1062 § 1(d), 1966: Ord. 895 § 1109, 1962)
11.44.100 Violators under eighteen.
Any persons under the age of eighteen years, violating Sections 11.44.070 and 11.44.080 of this chapter, shall be cited to the Juvenile Court of the State of Washington for King County for investigation, and in the event that he is remanded to the city authorities by the judge of the Juvenile Court, he may be tried and punished as provided for in Section 11.44.090 of this chapter. (Ord. 895 § 1110, 1962)
11.44.110 Number and gender.
Whenever the singular is used in Sections 11.44.060 through 11.44.100 of this chapter, it includes the plural, and when the masculine is used, it includes the feminine. (Ord. 895 § 1111, 1962)
11.44.120 Glue sniffing.
It is unlawful for any person to intentionally smell or inhale the fumes from any glue, cement, or any other adhesive containing one or more of the following chemical compounds: acetone, acetate, benzine, butyl alcohol, ethyl alcohol, ethylene, dichloride, isopropyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or toluene, for the purpose of becoming intoxicated, inebriated, excited or stupefied; provided this section shall not be construed as applying to the inhalation of any anesthetic for medical or dental purposes. (Ord. 1160 § 1, 1968)
Chapter 11.45
FRAUDS AND SWINDLESSections:
(S)11.45.180 Fraud in operating coin box telephone or other receptacle.
(S)11.45.190 Penalty for manufacture or sale of slugs to be used for coin.
(S)11.45.240 Fraud in obtaining telephone or telegraph service.
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Fraud in operating coin
box telephone or other
receptacle.*
9.45.180
Penalty for manufacture or
sale of slugs to be used for
coin.*
9.45.190
Fraud in obtaining telephone
or telegraph service.*
9.45.240
(Ord. 2375 § 5 (part), 1978)
* Serious crime (S); see Section 1.04.010.
Chapter 11.48
PEDDLERS(Repealed by Ord. 3505)
Chapter 11.48A
ARSON, RECKLESS BURNING AND MALICIOUS MISCHIEFSections:
11.48A.010 Definitions.
(S)11.48A.050 Reckless burning in the second degree.
11.48A.060 Defense.
(S)11.48A.090 Malicious mischief in the third degree.
11.48A.100 Physical damage defined.
Kirkland Municipal Code Section
Section caption
RCW Section adopted by reference
Definitions.
9A.48.010(1)
Reckless burning in the second degree.*
9A.48.050(1)
Defense.
9A.48.060
Malicious mischief in the third degree.*
9A.48.090(1)
Physical damage defined.
9A.48.100
(Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
Chapter 11.52A
BURGLARY AND TRESPASSSections:
11.52A.010 Definitions.
(S)11.52A.060 Making or having burglary tools.
(S)11.52A.070 Criminal trespass in the first degree.
11.52A.080 Criminal trespass in the second degree.
11.52A.090 Criminal trespass—Defenses.
(S)11.52A.100 Vehicle prowling.
11.52A.110 Unlawful entry into motor vehicle.
11.52A.120 Making or having auto theft tools.
Kirkland Municipal Code Section
Section caption
RCW Section adopted by reference
Definitions.
9A.52.010
Making or having burglary tools.*
9A.52.060(1)
Criminal trespass in the first degree.*
9A.52.070(1)
Criminal trespass in the second degree.
9A.52.080(1)
Criminal trespass—Defenses.
9A.52.090
Vehicle prowling.*
9A.52.100(1)
(Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010
11.52A.110 Unlawful entry into motor vehicle.
It shall be unlawful for any unauthorized person to enter and remain in a motor vehicle without the permission of the owner or person entitled to the possession thereof. (Ord. 2375 § 7 (part), 1978)
11.52A.120 Making or having auto theft tools.
(1) Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, slim jim, bit, nippers, or implement adapted, designed, or commonly used for the commission of auto prowl or auto theft under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of an auto theft, or knowing that the same is intended to be so used, shall be guilty of making or having auto theft tools.
(2) Making or having auto theft tools is a gross misdemeanor. (Ord. 3969 § 1, 2004)
Chapter 11.56A
THEFT AND ROBBERY
Sections:
11.56A.010 Definitions.
11.56A.020 Theft—Definition, defense.
(S)11.56A.050 Theft in the third degree.
(S)11.56A.060 Unlawful issuance of checks or drafts.
11.56A.100 Theft and larceny equated.
11.56A.140 Possessing stolen property—Definition—Credit card—Presumption.
(S)11.56A.170 Possessing stolen property in the third degree.
(S)11.56A.180 Obscuring identity of a machine.
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Definitions.
9A.56.010
Theft—Definition, defense.
9A.56.020
Theft in the third degree.*
9A.56.050(1)
Unlawful issuance of checks
or drafts.* (See text below)
---
Theft and larceny equated.
9A.56.100
Possessing stolen property—
Definition—Credit card—
Presumption.
9A.56.140
Possessing stolen property
in the third degree.*
9A.56.170(1)
Obscuring identity of a
9A.56.180(1)
(S)11.56.A.180(2)
machine.*
9A.56.180(2)
(Ord. 2720, 1982; Ord. 2421 § 1, 1978; Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
(S)11.56A.060 Unlawful issuance of checks or drafts.*
(a) Any person who shall with intent to defraud, make or draw or utter or deliver to another person any check or draft on a bank or other depository for the payment of money, knowing at the time of such drawing or delivery that he has not sufficient funds in, or credit with said bank or other depository to meet said check or draft in full upon presentation, shall be guilty of unlawful issuance of bank check. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.
(b) Any person who shall with intent to defraud, make or draw or utter or deliver to another person any check or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing said check or draft shall be guilty of unlawful issuance of a bank check.
(c) Unlawful issuance of a bank check in an amount of two hundred fifty dollars or less is a serious crime and shall be punished as follows:
(1) The court shall order the defendant to make full restitution;
(2) The defendant need not be imprisoned, but the court shall impose a minimum fine of five hundred dollars. Of the fine imposed, at least fifty dollars shall not be suspended or deferred. Upon conviction for a second offense within a twelve-month period, the court may suspend or defer only that portion of the fine which is in excess of five hundred dollars. (Ord. 2720, 1982; Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
Chapter 11.60
FIREWORKS*Sections:
11.60.010 Definitions.
11.60.020 Sale of fireworks unlawful.
11.60.030 Possession, use and discharge of fireworks unlawful.
11.60.040 Permit required to display fireworks.
11.60.050 Permit fees.
11.60.060 Issuance—Nontransferable—Voiding.
11.60.070 Application for public display permit.
11.60.080 Standards for public fireworks.
11.60.090 Use of fireworks in public parks and on public land.
11.60.100 Special effects for entertainment media.
11.60.110 Nonprohibited acts—Signal purposes, forest protection.
11.60.120 Construction.
11.60.130 Enforcement.
* This chapter becomes effective March 1, 1999. Prior to that date, the provisions of Chapter 11.60 KMC, derived from Ord. 2125 as amended, remain in effect.
11.60.010 Definitions.
The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall govern the construction of this chapter, when applicable. RCW 70.77.120 through and including RCW 70.77.230 as now stated or hereinafter amended, is adopted by this reference and a copy of such shall be kept on file in the office of the city clerk for public use and inspection. In addition, the following terms are defined:
(1) Dangerous Fireworks. Any fireworks not defined as a “common fireworks” under the provisions of RCW 70.77.136. (Ord. 3625 § 2 (part), 1998)
11.60.020 Sale of fireworks unlawful.
It is unlawful for any person, firm or corporation to sell any fireworks within the city; provided, that this prohibition does not apply to duly authorized public displays. (Ord. 3625 § 2 (part), 1998)
11.60.030 Possession, use and discharge of fireworks unlawful.
Except as authorized by state license and city permit granted pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.311(2) (use by group or individual for religious or other specific purpose on approved date and at an approved location), it is unlawful for any person, firm, or corporation to engage in the retail sale of, or to sell, possess, use, transfer, discharge or explode any fireworks of any kind within the city. (Ord. 3625 § 2 (part), 1998)
11.60.040 Permit required to display fireworks.
It is unlawful for any person, firm or corporation to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. (Ord. 3625 § 2 (part), 1998)
11.60.050 Permit fees.
The fee for a public display permit for the public display of fireworks shall be one hundred dollars, payable in advance. (Ord. 3625 § 2 (part), 1998)
11.60.060 Issuance—Nontransferable—Voiding.
Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. (Ord. 3625 § 2 (part), 1998)
11.60.070 Application for public display permit.
Applications for a permit to hold, conduct, or operate a public display of fireworks as defined under Chapter 70.77 RCW shall be made to the building official for a permit. Such a permit shall also require the approval of the fire chief or his/her duly appointed representative. Applications shall be made at least fourteen days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display and, in particular, shall hold a pyrotechnic operator license issued by the state of Washington as defined by Chapter 70.77 RCW and Chapter 212-17 WAC. (Ord. 3625 § 2 (part), 1998)
11.60.080 Standards for public fireworks.
All public fireworks displays shall conform to the following minimum standards and conditions:
(1) All public fireworks displays must be planned, organized, and discharged by a state-licensed pyrotechnician.
(2) A permit must be obtained from the city and approved by the fire chief or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his address, the name of the pyrotechnician and his address, the exact location, date and time of the proposed display, the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display.
(3) The applicant for a public display of fireworks permit shall include with the application evidence of a bond issued by an authorized surety or a certificate of public liability insurance. Such bond or certificate shall conform to the requirements set forth in RCW 70.77.285 and 70.77.355.
(4) A drawing shall be submitted with the application to the fire chief showing a plan view of the fireworks discharge site and the surrounding area within a five-hundred-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams, and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.
(5) When, in the discretion of the fire chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may, at the direction of the fire chief or designee, require that a Kirkland fire pumper and a minimum of three firefighters shall be on site thirty minutes prior to and after the conclusion of the display. All compensation for fire personnel and apparatus will be paid by the applicant in an amount calculated according to the Washington State Chiefs Association’s fee schedule and shall be designated to the Kirkland fire and life safety district.
(6) All combustible debris and trash shall be removed by the applicant from the area of discharge for a distance of three hundred feet in all directions.
(7) Applicant shall dispose of all unfired or “dud” fireworks in a safe manner.
(8) Applicant shall provide the fireworks discharge site a minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket.
(9) The permit may be immediately revoked at any time deemed necessary by the fire chief or designee due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from the display.
(10) Areas of public access shall be determined by the fire chief or designee and maintained by the applicant in an approved manner. (Ord. 3625 § 2 (part), 1998)
11.60.090 Use of fireworks in public parks and on public land.
It shall be unlawful for any person to discharge or possess any fireworks upon public land or in any public park owned by the city of Kirkland; provided, however, nothing herein shall be deemed to limit the authority of the city to allow event display of special fireworks under a permit issued in accordance with the provisions of this chapter. (Ord. 3625 § 2 (part), 1998)
11.60.100 Special effects for entertainment media.
This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city of Kirkland to purchase, possess, transport or use such fireworks. (Ord. 3625 § 2 (part), 1998)
11.60.110 Nonprohibited acts—Signal purposes, forest protection.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. 3625 § 2 (part), 1998)
11.60.120 Construction.
This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. 3625 § 2 (part), 1998)
11.60.130 Enforcement.
The fire chief, or designee, in coordination with the building official, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, he/she may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or designee, and/or to comply with any provisions of this code relating to temporary structures. (Ord. 3625 § 2 (part), 1998)
Chapter 11.60A
FRAUDSections:
11.60A.010 Definitions.
(S)11.60A.040 Criminal impersonation in the first degree.
11.60A.045 Criminal impersonation in the second degree.
(S)11.60A.050 False certification.
Kirkland
Municipal
Code SectionSection caption
RCW Section
adopted by
referenceDefinitions.
9A.60.010
Criminal impersonation in the first degree.*
9A.60.040
Criminal impersonation in the second degree.
9A.60.045
False certification.*
9A.60.050(1)
(Ord. 3949 § 1, 2004: Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
Chapter 11.61
MENACING AND TELEPHONE HARASSINGSections:
(S)11.61.030 Menacing.
11.61.040 Stalking.
11.61.045 Defense to stalking.
11.61.050 Prima facie evidence.
11.61.160 Threats to bomb or injure property.
11.61.170 Threats to bomb or injure property—Hoax no defense.
(S)11.61.230 Telephone calls to harass, intimidate, torment or embarrass.
(S)11.61.240 Telephone calls to harass, intimidate, torment or embarrass—Permitting telephone to be used.
11.61.250 Telephone calls to harass, intimidate, torment or embarrass—Offense—Where deemed committed.
(S)11.61.030 Menacing.*
It is unlawful for any person to menace another: (a) by physical action to intentionally cause or attempt to cause another person reasonably to fear imminent bodily injury or the commission of a criminal act upon their person, or upon property in their immediate possession; or (b) by a present threat to another person subsequent to a history of threats or violence between the person and such other person, to intentionally cause or attempt to cause such other person reasonably to fear serious bodily injury or death.
As used in this section: “physical action” means a bodily movement whether voluntary or involuntary or an action accompanied by words or threats but not words alone; “threat” means to communicate, directly or indirectly, the intent to cause bodily injury in the future to the person threatened or to any other person; “history of threats or violence” means one or more of the following: two or more threats; one or more assaults as defined in KMC 11.36A.080 or similar statute or ordinance; or one or more menacings; and “bodily injury” means physical pain, illness, or an impairment of physical condition. (Ord. 2989 § 1, 1986)
Kirkland
RCW Section
Municipal
adopted by
Code Section
Section caption
reference
Threats to bomb or injure
property.*9.61.160
Threats to bomb or injure
property—Hoax no defense.
9.61.170
Telephone calls to harass,
intimidate, torment or
embarrass.*
9.61.230
Telephone calls to harass,
intimidate, torment or
embarrass—Permitting
telephone to be used.*
9.61.240
Telephone calls to harass,