Title 11
CRIMINAL CODE

Chapters:

11.04    Preliminary Article

11.08    Adoption of RCW Sections Not Specifically Set Forth

11.12    Adoption of Specific RCW Sections

11.16    Miscellaneous Offenses

11.20    Offenses Against Public Morals

11.24    Nuisances

11.41    Firearms and Weapons

11.52A    Burglary and Trespass

11.60    Fireworks

11.64    Littering

11.76    Junk Vehicles

11.80    Park Rules

11.84A    Public Disturbance

11.92    City Jail Custodial Care Standards

Chapter 11.04
PRELIMINARY ARTICLE

Sections:

11.04.010    Preliminary article.

11.04.020    Jurisdiction.

11.04.010 Preliminary article.

(a) This title shall be known and may be cited as the “Kirkland Criminal Code.”

(b) As used in this title, “RCW” shall mean the Revised Code of Washington.

(c) As used in this title, “KMC” shall mean the Kirkland Municipal Code.

(d) If any chapter, section, subsection, sentence, or provision of this title, or its application to any person or circumstance, is held invalid, the remainder of this title, or the application of the chapter, section, subsection, sentence, or provision to other persons or circumstances, is not affected, and to this end, the chapters, sections, subsections, sentences and provisions of this title are declared to be severable.

(e) By adopting Washington State statutes by reference in this title, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes committed within the city of Kirkland. Whenever the word “state” shall appear in any statute adopted by reference in this title, the word “city” shall be substituted therefor; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances that set forth administrative or licensing duties of the state and its subdivisions.

(f) Whenever a state statute specifically adopted in this title refers to another state statute not specifically adopted in this title, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this title.

(g) Any state statute that is adopted by reference in this title and which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted by reference in this title shall retain its full force and effect as part of this title subsequent to the effective date of its amendment or recodification.

(h) When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this title, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number.

(i) Title, chapter, section and subsection captions are for organizational purposes only and shall not be construed as part of this title.

(j) The provisions of this title do not apply to or govern the construction of or punishment of any offense committed prior to the effective date of the ordinance codified in this title or to the construction and application of any defense to a prosecution for such offense. Such an offense shall be construed and punished according to the provisions of the law existing at the time of the commission of the offense in the same manner as if this title had not been enacted. The provisions of this title shall apply to any offense committed on or after its effective date unless otherwise expressly provided or unless the context otherwise requires and shall also apply to any defense to prosecution for such an offense.

(k) As used in this title, words used in the present tense include the future tense; the masculine includes the feminine and neutral genders; and the singular includes the plural and vice versa.

(l) The provisions of this title are intended to create a duty to the public in general and not to create any duty to individuals or to any particular class of individuals. These provisions are not for the protection of any person or class of persons.

(m) Unless otherwise provided in this title, violation of any provision of this title shall be punishable by:

(1) Gross Misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine; or

(2) Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. (Ord. 4334 § 6 (part), 2011)

11.04.020 Jurisdiction.

The following persons are subject to punishment:

(1) A person who commits in the city any crime as defined by ordinance, in whole or part;

(2) A person who commits out of the city any act which, if committed within it, would be theft and is afterward found in the city with any of the stolen property;

(3) A person who, being out of the city, counsels, causes, procures, aids, or abets another to commit a crime in the city;

(4) A person who commits an act out of the city which affects persons or property within the city which, if committed within the city, would be a crime. (Ord. 4334 § 6 (part), 2011)

Chapter 11.08
ADOPTION OF RCW SECTIONS NOT SPECIFICALLY SET FORTH

Sections:

11.08.010    Adoption of RCW sections not specifically set forth.

11.08.010 Adoption of RCW sections not specifically set forth.

(a) Notwithstanding the RCW sections that are specifically adopted by reference in this title, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted or as hereafter amended or recodified from time to time, and shall be given the same force and effect as if set forth herein in full.

(b) All class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the provisions of subsection (a) of this section and of Chapter 11.04. (Ord. 4334 § 6 (part), 2011)

Chapter 11.12
ADOPTION OF SPECIFIC RCW SECTIONS

Sections:

11.12.010    Chapter 2.48 RCW, entitled “State Bar Act”—Adoption by reference.

11.12.020    Chapter 7.21 RCW, entitled “Contempt of Court”—Adoption by reference.

11.12.030    Chapter 7.80 RCW, entitled “Civil Infractions”—Adoption by reference.

11.12.040    RCW Title 9, entitled “Crimes and Punishments”—Adoption by reference.

11.12.050    RCW Title 9A, entitled “Washington Criminal Code”—Adoption by reference.

11.12.060    RCW Title 10, entitled “Criminal Procedure”—Adoption by reference.

11.12.070    Chapter 13.32A RCW, entitled “Family Reconciliation Act”—Adoption by reference.

11.12.080    RCW Title 26, entitled “Domestic Relations”—Adoption by reference.

11.12.090    Chapter 28A.635 RCW, entitled “Offenses Relating to School Property and Personnel”—Adoption by reference.

11.12.100    Chapter 46.80 RCW, entitled “Vehicle Wreckers”—Adoption by reference.

11.12.110    RCW Title 66, entitled “Alcoholic Beverage Control”—Adoption by reference.

11.12.120    RCW Title 69, entitled “Food, Drugs, Cosmetics, and Poisons”—Adoption by reference.

11.12.130    RCW Title 70, entitled “Public Health and Safety”—Adoption by reference.

11.12.140    Chapter 74.34 RCW, entitled “Abuse of Vulnerable Adults”—Adoption by reference.

11.12.010 Chapter 2.48 RCW, entitled “State Bar Act”—Adoption by reference.

The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 2.48.180

DefinitionsUnlawful practice a crimeCause for disciplineUnprofessional conductDefenseInjunctionRemediesCostsAttorneys’ feesTime limit for action.

(Ord. 4334 § 6 (part), 2011)

11.12.020 Chapter 7.21 RCW, entitled “Contempt of Court”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 7.21.010

Definitions.

RCW 7.21.020

SanctionsWho may impose.

RCW 7.21.030

Remedial sanctionsPayment for losses.

RCW 7.21.040

Punitive sanctionsFines.

RCW 7.21.050

SanctionsSummary impositionProcedure.

RCW 7.21.070

Appellate review.

(Ord. 4334 § 6 (part), 2011)

11.12.030 Chapter 7.80 RCW, entitled “Civil Infractions”—Adoption by reference.

For purposes of offenses under this title only, the following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 7.80.120

Monetary penaltiesRestitution.

(Ord. 4334 § 6 (part), 2011)

11.12.040 RCW Title 9, entitled “Crimes and Punishments”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 9.01.055

Citizen immunity if aiding officer, scopeWhen.

RCW 9.01.110

Omission, when not punishable.

RCW 9.01.130

Sending letter, when complete.

RCW 9.02.050

Concealing birth.

RCW 9.03.010

Abandoning, discarding refrigeration equipment.

RCW 9.03.020

Permitting unused equipment to remain on premises.

RCW 9.03.040

Keeping or storing equipment for sale.

RCW 9.04.010

False advertising.

RCW 9.04.090

Advertising fuel prices by service stations.

RCW 9.08.030

False certificate of registration of animalsFalse representation as to breed.

RCW 9.08.065

Definitions.

RCW 9.08.070

Pet animalsTaking, concealing, injuring, killing, etc.Penalty.

RCW 9.08.072

Transferring stolen pet animal to a research institutionPenalty.

RCW 9.08.078

Illegal sale, receipt or transfer of pet animalsSeparate offenses.

RCW 9.12.010

Barratry.

RCW 9.12.020

Buying, demanding, or promising reward by district judge or deputy.

RCW 9.16.005

Definitions.

RCW 9.16.010

Removing lawful brands.

RCW 9.16.020

Imitating lawful brand.

RCW 9.16.030

Counterfeit markIntellectual property.

RCW 9.16.035

CounterfeitingPenalties.

RCW 9.16.041

Counterfeit itemsSeizure and forfeiture.

RCW 9.16.050

When deemed affixed.

RCW 9.16.060

Fraudulent registration of trademark.

RCW 9.16.070

Form and similitude defined.

RCW 9.16.080

Petroleum products improperly labeled or gradedPenalty.

RCW 9.16.100

Use of the words “sterling silver,” etc.

RCW 9.16.110

Use of words “coin silver,” etc.

RCW 9.16.120

Use of the word “sterling” on mounting.

RCW 9.16.130

Use of the words “coin silver” on mounting.

RCW 9.16.140

Unlawfully marking article made of gold.

RCW 9.16.150

“Marked, stamped or branded” defined.

RCW 9.18.080

Offender a competent witness.

RCW 9.18.120

Suppression of competitive bidding.

RCW 9.18.130

Collusion to prevent competitive biddingPenalty.

RCW 9.18.150

Agreements outside state.

RCW 9.24.010

Fraud in stock subscription.

RCW 9.24.040

Corporation doing business without license.

RCW 9.26A.090

Telephone company credit cardsProhibited acts.

RCW 9.26A.100

Definitions.

RCW 9.26A.110

Fraud in obtaining telecommunications servicePenalty.

RCW 9.26A.120

Fraud in operating coin-box telephone or other receptacle.

RCW 9.26A.130

Penalty for manufacture or sale of slugs to be used for coin.

RCW 9.26A.140

Unauthorized sale or procurement of telephone recordsPenaltiesDefinitions.

RCW 9.27.015

Interference, obstruction of any court, building, or residenceViolations.

RCW 9.35.005

Definitions.

RCW 9.35.030

Soliciting undesired mail.

RCW 9.38.010

False representation concerning credit.

RCW 9.38.015

False statement by deposit account applicant.

RCW 9.38.020

False representation concerning title.

RCW 9.40.040

Operating engine or boiler without spark arrester.

RCW 9.40.100

Tampering with fire alarm or fire fighting equipmentFalse alarmPenalties.

RCW 9.41.010

Terms defined.

RCW 9.41.040

Unlawful possession of firearmsOwnership, possession by certain personsPenalties.

RCW 9.41.050

Carrying firearms.

RCW 9.41.060

Exceptions to restrictions on carrying firearms.

RCW 9.41.090

Dealer deliveries regulatedHold on delivery.

RCW 9.41.098

Forfeiture of firearmsDispositionConfiscation.

RCW 9.41.100

Dealer licensing and registration required.

RCW 9.41.110

Dealer’s licenses, by whom granted, conditions, feesEmployees, fingerprinting and background checksWholesale sales exceptedPermits prohibited.

RCW 9.41.140

Alteration of identifying marksExceptions.

RCW 9.41.220

Unlawful firearms and parts contraband.

RCW 9.41.230

Aiming or discharging firearms, dangerous weapons.

RCW 9.41.240

Possession of pistol by person from eighteen to twenty-one.

RCW 9.41.250

Dangerous weaponsPenaltyExemption for law enforcement officers.

RCW 9.41.260

Dangerous exhibitions.

RCW 9.41.270

Weapons apparently capable of producing bodily harmUnlawful carrying or handlingPenaltyExceptions.

RCW 9.41.280

Possessing dangerous weapons on school facilitiesPenaltyExceptions.

RCW 9.41.300

Weapons prohibited in certain placesLocal laws and ordinancesExceptionsPenalty.

RCW 9.41.800

Surrender of weapons or licensesProhibition on future possession or licensing.

RCW 9.41.810

Penalty.

RCW 9.44.080

Misconduct in signing a petition.

RCW 9.45.060

Encumbered, leased, or rented personal propertyConstruction.

RCW 9.45.070

Mock auctions.

RCW 9.45.080

Fraudulent removal of property.

RCW 9.45.090

Knowingly receiving fraudulent conveyance.

RCW 9.45.100

Fraud in assignment for benefit of creditors.

RCW 9.45.270

Fraudulent filing of vehicle report of sale.

RCW 9.47A.010

Definition.

RCW 9.47A.020

Unlawful inhalationException.

RCW 9.47A.030

Possession of certain substances prohibited, when.

RCW 9.47A.040

Sale of certain substances prohibited, when.

RCW 9.47A.050

Penalty.

RCW 9.51.010

Misconduct of officer drawing jury.

RCW 9.51.020

Soliciting jury duty.

RCW 9.51.030

Misconduct of officer in charge of jury.

RCW 9.61.230

Telephone harassment.

RCW 9.61.240

Telephone harassmentPermitting telephone to be used.

RCW 9.61.250

Telephone harassmentOffense, where deemed committed.

RCW 9.61.260

Cyberstalking.

RCW 9.62.010

Malicious prosecution.

RCW 9.62.020

Instituting suit in name of another.

RCW 9.68.015

Obscene literature, shows, etc.Exemptions.

RCW 9.68.030

Indecent articles, etc.

RCW 9.68.050

“Erotic material”Definitions.

RCW 9.68.060

“Erotic material”Determination by courtLabelingPenalties.

RCW 9.68.070

Prosecution for violation of RCW 9.68.060Defense.

RCW 9.68.080

Unlawful acts.

RCW 9.68.100

Exceptions to RCW 9.68.050 through 9.68.120.

RCW 9.68.110

Motion picture operator or projectionist exempt, when.

RCW 9.68.130

“Sexually explicit material”DefinedUnlawful display.

RCW 9.68A.011

Definitions.

RCW 9.68A.080

Reporting of depictions of minor engaged in sexually explicit conductCivil immunity.

RCW 9.68A.090

Communication with minor for immoral purposesPenalties.

RCW 9.68A.103

Permitting commercial sex abuse of a minorPenalty.

RCW 9.68A.110

Certain defenses barred, permitted.

RCW 9.68A.120

Seizure and forfeiture of property.

RCW 9.68A.150

Allowing minor on premises of live erotic performanceDefinitionsPenalty.

RCW 9.69.100

Duty of witness of offense against child or any violent offensePenalty.

RCW 9.73.010

Divulging telegram.

RCW 9.73.020

Opening sealed letter.

RCW 9.73.030

Intercepting, recording or divulging private communicationConsent requiredExceptions.

RCW 9.73.050

Admissibility of intercepted communication in evidence.

RCW 9.73.070

Persons and activities excepted from chapter.

RCW 9.73.080

Penalties.

RCW 9.73.090

Certain emergency response personnel exempted from RCW 9.73.030 through 9.73.080StandardsCourt authorizationsAdmissibility.

RCW 9.73.100

Recordings available to defense counsel.

RCW 9.73.110

Intercepting, recording, or disclosing private communicationsNot unlawful for building ownerConditions.

RCW 9.91.010

Denial of civil rightsTerms defined.

RCW 9.91.020

Operating railroad, steamboat, vehicle, etc., while intoxicated.

RCW 9.91.025

Unlawful transit conduct.

RCW 9.91.060

Leaving children unattended in parked automobile.

RCW 9.91.130

Disposal of trash in charity donation receptacle.

RCW 9.91.140

Food stampsUnlawful sale.

RCW 9.91.142

Food stampsTrafficking.

RCW 9.91.160

Personal protection spray devices.

RCW 9.91.170

Interfering with dog guide or service animal.

RCW 9.91.175

Interfering with search and rescue dog.

(Ord. 4334 § 6 (part), 2011)

11.12.050 RCW Title 9A, entitled “Washington Criminal Code”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 9A.04.020

PurposesPrinciples of construction.

RCW 9A.04.040

Classes of crimes.

RCW 9A.04.050

People capable of committing crimesCapability of children.

RCW 9A.04.060

Common law to supplement statute.

RCW 9A.04.070

Who amenable to criminal statutes.

RCW 9A.04.080

Limitation of actions.

RCW 9A.04.090

Application of general provisions of the code.

RCW 9A.04.100

Proof beyond a reasonable doubt.

RCW 9A.04.110

Definitions.

RCW 9A.08.010

General requirements of culpability.

RCW 9A.08.020

Liability for conduct of anotherComplicity.

RCW 9A.08.030

Corporate and personal liability.

RCW 9A.12.010

Insanity.

RCW 9A.16.010

Definitions.

RCW 9A.16.020

Use of forceWhen lawful.

RCW 9A.16.060

Duress.

RCW 9A.16.070

Entrapment.

RCW 9A.16.080

Action for being detained on mercantile establishment premises for investigation“Reasonable grounds” as defense.

RCW 9A.16.090

Intoxication.

RCW 9A.16.100

Use of force on childrenPolicyActions presumed unreasonable.

RCW 9A.20.010

Classification and designation of crimes.

RCW 9A.20.030

Alternative to a fineRestitution.

RCW 9A.28.020

Criminal attempt.

RCW 9A.28.030

Criminal solicitation.

RCW 9A.28.040

Criminal conspiracy.

RCW 9A.36.041

Assault in the fourth degree.

RCW 9A.36.050

Reckless endangerment.

RCW 9A.36.070

Coercion.

RCW 9A.36.150

Interfering with the reporting of domestic violence.

RCW 9A.36.160

Failing to summon assistance.

RCW 9A.36.161

Failing to summon assistancePenalty.

RCW 9A.40.010

Definitions.

RCW 9A.40.070

Custodial interference in the second degree.

RCW 9A.40.080

Custodial interferenceAssessment of costsDefenseConsent defense, restricted.

RCW 9A.42.010

Definitions.

RCW 9A.42.035

Criminal mistreatment in the third degree.

RCW 9A.42.037

Criminal mistreatment in the fourth degree.

RCW 9A.42.040

Withdrawal of life support systems.

RCW 9A.42.045

Palliative care.

RCW 9A.42.050

Defense of financial inability.

RCW 9A.42.080

Abandonment of a dependent person in the third degreeException.

RCW 9A.42.090

Abandonment of a dependent personDefense.

RCW 9A.42.110

Leaving a child in the care of a sex offender.

RCW 9A.44.010

Definitions.

RCW 9A.44.030

Defenses to prosecution under this chapter.

RCW 9A.44.096

Sexual misconduct with a minor in the second degree.

RCW 9A.44.130

Registration of sex offenders and kidnapping offendersProceduresDefinitionPenalties.

RCW 9A.44.170

Custodial sexual misconduct in the second degree.

RCW 9A.44.180

Custodial sexual misconductDefense.

RCW 9A.46.010

Legislative finding.

RCW 9A.46.020

DefinitionPenalties.

RCW 9A.46.030

Place where committed.

RCW 9A.46.040

Court-ordered requirements upon person charged with crimeViolation.

RCW 9A.46.050

ArraignmentNo-contact order.

RCW 9A.46.060

Crimes included in harassment.

RCW 9A.46.080

Order restricting contactViolation.

RCW 9A.46.090

Nonliability of peace officer.

RCW 9A.46.100

“Convicted,” time when.

RCW 9A.46.110

Stalking.

RCW 9A.48.010

Definitions.

RCW 9A.48.050

Reckless burning in the second degree.

RCW 9A.48.060

Reckless burningDefense.

RCW 9A.48.090

Malicious mischief in the third degree.

RCW 9A.48.100

Malicious mischief“Physical damage” defined.

RCW 9A.48.105

Criminal street gang tagging and graffiti.

RCW 9A.48.110

Defacing a state monument.

RCW 9A.49.001

Findings.

RCW 9A.49.010

Definitions.

RCW 9A.49.030

Unlawful discharge of a laser in the second degree.

RCW 9A.49.050

Exclusions.

RCW 9A.50.010

Definitions.

RCW 9A.50.020

Interference with health care facility.

RCW 9A.50.030

Penalty.

RCW 9A.50.070

Protection of health care patients and providers.

RCW 9A.52.010

Definitions.

RCW 9A.52.050

Other crime in committing burglary punishable.

RCW 9A.52.060

Making or having burglar tools.

RCW 9A.52.070

Criminal trespass in the first degree.

RCW 9A.52.080

Criminal trespass in the second degree.

RCW 9A.52.090

Criminal trespassDefenses.

RCW 9A.52.100

Vehicle prowling in the second degree.

RCW 9A.52.120

Computer trespass in the second degree.

RCW 9A.52.130

Computer trespassCommission of other crime.

RCW 9A.56.010

Definitions.

RCW 9A.56.020

TheftDefinition, defense.

RCW 9A.56.050

Theft in the third degree.

RCW 9A.56.060

Unlawful issuance of checks or drafts.

RCW 9A.56.096

Theft of rental, leased, lease-purchased or loaned property.

RCW 9A.56.140

Possessing stolen propertyDefinitionPresumption.

RCW 9A.56.170

Possessing stolen property in the third degree.

RCW 9A.56.180

Obscuring the identity of a machine.

RCW 9A.56.220

Theft of subscription television services.

RCW 9A.56.240

Forfeiture and disposal of device used to commit violation.

RCW 9A.56.260

Connection of channel converter.

RCW 9A.56.270

Shopping cart theft.

RCW 9A.56.330

Possession of another’s identification.

RCW 9A.60.010

Definitions.

RCW 9A.60.045

Criminal impersonation in the second degree.

RCW 9A.60.050

False certification.

RCW 9A.61.010

Definitions.

RCW 9A.61.020

Defrauding a public utility.

RCW 9A.61.050

Defrauding a public utility in the third degree.

RCW 9A.61.060

Restitution and costs.

RCW 9A.72.010

Definitions.

RCW 9A.72.040

False swearing.

RCW 9A.72.050

Perjury and false swearingInconsistent statementsDegree of crime.

RCW 9A.72.060

Perjury and false swearingRetraction.

RCW 9A.72.070

Perjury and false swearingIrregularities no defense.

RCW 9A.72.080

Statement of what one does not know to be true.

RCW 9A.72.085

Unsworn statements, certification.

RCW 9A.72.140

Jury tampering.

RCW 9A.72.150

Tampering with physical evidence.

RCW 9A.76.010

Definitions.

RCW 9A.76.020

Obstructing a law enforcement officer.

RCW 9A.76.030

Refusing to summon aid for a peace officer.

RCW 9A.76.040

Resisting arrest.

RCW 9A.76.050

Rendering criminal assistanceDefinition of term.

RCW 9A.76.060

Relative defined.

RCW 9A.76.070

Rendering criminal assistance in the first degree.

RCW 9A.76.080

Rendering criminal assistance in the second degree.

RCW 9A.76.090

Rendering criminal assistance in the third degree.

RCW 9A.76.100

Compounding.

RCW 9A.76.130

Escape in the third degree.

RCW 9A.76.160

Introducing contraband in the third degree.

RCW 9A.76.170

Bail jumping.

RCW 9A.76.175

Making a false or misleading statement to a public servant.

RCW 9A.80.010

Official misconduct.

RCW 9A.84.010

Riot.

RCW 9A.84.020

Failure to disperse.

RCW 9A.84.030

Disorderly conduct.

RCW 9A.84.040

False reporting.

RCW 9A.88.010

Indecent exposure.

RCW 9A.88.030

Prostitution.

RCW 9A.88.050

ProstitutionSex of parties immaterialNo defense.

RCW 9A.88.090

Permitting prostitution.

RCW 9A.88.110

Patronizing a prostitute.

RCW 9A.88.120

Additional fee assessments.

RCW 9A.88.130

Additional requirements.

RCW 9A.88.140

Vehicle impoundmentFees and fine.

(Ord. 4334 § 6 (part), 2011)

11.12.060 RCW Title 10, entitled “Criminal Procedure”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 10.14.120

Disobedience of orderPenalties.

RCW 10.14.170

Criminal penalty.

RCW 10.99.010

PurposeIntent.

RCW 10.99.020

Definitions.

RCW 10.99.030

Law enforcement officersTraining, powers, dutiesDomestic violence reports.

RCW 10.99.040

Duties of courtNo-contact order.

RCW 10.99.045

Appearances by DefendantDefendant’s historyNo-contact order.

RCW 10.99.050

Victim contactRestriction, prohibitionViolation, penaltiesWritten orderProceduresNotice of change.

RCW 10.99.055

Enforcement of orders.

RCW 10.99.060

Prosecutor’s notice to victimDescription of available procedures.

RCW 10.99.070

Liability of peace officers.

RCW 10.99.080

Penalty assessment.

(Ord. 4334 § 6 (part), 2011)

11.12.070 Chapter 13.32A RCW, entitled “Family Reconciliation Act”—Adoption by reference.

The following RCW section, as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 13.32A.080

Unlawful harboring of a minorPenaltyDefenseProsecution of adult for involving child in commission of offense.

(Ord. 4334 § 6 (part), 2011)

11.12.080 RCW Title 26, entitled “Domestic Relations”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 26.09.300

Restraining ordersNoticeRefusal to complyArrestPenaltyDefensePeace officers, immunity.

RCW 26.10.220

Restraining ordersNoticeRefusal to complyArrestPenaltyDefensePeace officers, immunity.

RCW 26.26.138

Restraining orderKnowing violationPenaltyLaw enforcement immunity.

RCW 26.28.080

Selling or giving tobacco to minorBelief of representative capacity, no defensePenalty.

RCW 26.28.085

Applying tattoo to a minorPenalty.

RCW 26.44.020

Definitions.

RCW 26.44.030

ReportsDuty and authority to makeDuty of receiving agencyDuty to notifyCase planning and consultationPenalty for unauthorized exchange of informationFiling dependency petitionsInvestigationsInterviews of childrenRecordsRisk assessment process.

RCW 26.44.040

ReportsOral, writtenContents.

RCW 26.44.050

Abuse or neglect of childDuty of law enforcement agency or department of social and health servicesTaking child into custody without court order, when.

RCW 26.44.060

Immunity from civil or criminal liabilityConfidential communications not violatedActions against state not affectedFalse report, penalty.

RCW 26.44.063

Temporary restraining order or preliminary injunctionEnforcementNotice of modification or termination of restraining order.

RCW 26.44.067

Temporary restraining order or preliminary injunctionContentsNoticeNoncomplianceDefensePenalty.

RCW 26.44.080

ViolationPenalty.

RCW 26.44.150

Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a childPenalty for violating court order.

RCW 26.50.110

Violation of orderPenalties.

RCW 26.50.140

Peace officersImmunity.

RCW 26.52.010

Definitions.

RCW 26.52.050

Peace officer immunity.

RCW 26.52.070

Violation of foreign ordersPenalties.

(Ord. 4334 § 6 (part), 2011)

11.12.090 Chapter 28A.635 RCW, entitled “Offenses Relating to School Property and Personnel”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 28A.635.020

Willfully disobeying school administrative personnel or refusing to leave public property, violations, whenPenalty.

RCW 28A.635.030

Disturbing school, school activities or meetingsPenalty.

RCW 28A.635.090

Interference by force or violencePenalty.

RCW 28A.635.100

Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawfulPenalty.

RCW 28A.635.110

Violations under RCW 28A.635.090 and 28A.635.100Disciplinary authority exception.

(Ord. 4334 § 6 (part), 2011)

11.12.100 Chapter 46.80 RCW, entitled “Vehicle Wreckers”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 46.80.010

Definitions.

RCW 46.80.080

RecordsPenalty.

(Ord. 4334 § 6 (part), 2011)

11.12.110 RCW Title 66, entitled “Alcoholic Beverage Control”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 66.04.010

Definitions.

RCW 66.20.200

Unlawful acts relating to card of identification and certification cardPenalties.

RCW 66.28.200

Keg registrationSpecial endorsement for grocery store licenseeRequirements of seller.

RCW 66.28.210

Keg registrationRequirements of purchaser.

RCW 66.28.220

Keg registrationIdentification of containersRulesFeesSale in violation of rules unlawful.

RCW 66.28.230

Keg registrationFurnishing to minorsPenalties.

RCW 66.44.010

Local officers to enforce lawAuthority of boardLiquor enforcement officers.

RCW 66.44.040

Sufficiency of description of offenses in complaints, information, process, etc.

RCW 66.44.060

Proof of unlawful sale establishes prima facie intent.

RCW 66.44.070

Certified analysis is prima facie evidence of alcoholic content.

RCW 66.44.080

Service of process on corporation.

RCW 66.44.090

Acting without license.

RCW 66.44.100

Opening or consuming liquor in a public placePenalty.

RCW 66.44.120

Unlawful use of seal.

RCW 66.44.130

Sales of liquor by drink or bottle.

RCW 66.44.140

Unlawful sale, transportation of spirituous liquor without stamp or sealUnlawful operation, possession of still or mash.

RCW 66.44.150

Buying liquor illegally.

RCW 66.44.160

Illegal possession, transportation of alcoholic beverages.

RCW 66.44.170

Illegal possession of liquor with intent to sellPrima facie evidence, what is.

RCW 66.44.175

Violations of law.

RCW 66.44.180

General penaltiesJurisdiction for violations.

RCW 66.44.200

Sales to persons apparently under the influence of liquorPurchases or consumption by persons apparently under the influence of liquor on licensed premisesPenaltyNoticeSeparation of actions.

RCW 66.44.210

Obtaining liquor for ineligible person.

RCW 66.44.240

Drinking in public conveyancePenalty against carrierException.

RCW 66.44.250

Drinking in public conveyancePenalty against individualRestricted application.

RCW 66.44.270

Furnishing liquor to minorsPossession, usePenaltiesExhibition of effectsExceptions.

RCW 66.44.280

Minor applying for permit.

RCW 66.44.290

Minor purchasing or attempting to purchase liquorPenalty.

RCW 66.44.300

Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least 21, in public place where liquor sold.

RCW 66.44.310

Minors frequenting off-limits areaMisrepresentation of agePenaltyClassification of licensees.

RCW 66.44.316

Certain persons 18 years and over permitted to enter and remain upon licensed premises during employment.

RCW 66.44.318

Employees aged 18 to 21 stocking, merchandising, and handling beer and wine.

RCW 66.44.325

Unlawful transfer to a minor of age identification.

RCW 66.44.328

Preparation or acquisition and supply to persons under age 21 of facsimile of official identification cardPenalty.

RCW 66.44.340

Employees 18 years and over allowed to sell and handle beer and wine for certain licensed employers.

RCW 66.44.350

Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers.

RCW 66.44.370

Resisting or opposing officers in enforcement of title.

(Ord. 4334 § 6 (part), 2011)

11.12.120 RCW Title 69, entitled “Food, Drugs, Cosmetics, and Poisons”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 69.41.010

Definitions.

RCW 69.41.030

Sale, delivery, or possession of legend drug without prescription or order prohibitedExceptionsPenalty.

RCW 69.41.050

Labeling requirementsPenalty.

RCW 69.41.300

Definitions.

RCW 69.41.320

PractitionersRestricted useMedical records.

RCW 69.41.350

Penalties.

RCW 69.43.010

Report to state board of pharmacyList of substancesModification of listIdentification of purchasersReport of transactionsPenalties.

RCW 69.43.105

Ephedrine, pseudoephedrine, phenylpropanolamineSales restrictionsRecord of transactionExceptionsPenalty.

RCW 69.43.110

Ephedrine, pseudoephedrine, phenylpropanolamineSales restrictionsElectronic sales tracking systemPenalty.

RCW 69.43.120

Ephedrine, pseudoephedrine, phenylpropanolaminePossession of more than 15 gramsPenaltyExceptions.

RCW 69.43.130

ExemptionsPediatric productsProducts exempted by the state board of pharmacy.

RCW 69.50.101

Definitions.

RCW 69.50.102

Drug paraphernaliaDefinitions.

RCW 69.50.201

Enforcement of chapterAuthority to change schedules of controlled substances.

RCW 69.50.202

Nomenclature.

RCW 69.50.204

Schedule I.

RCW 69.50.206

Schedule II.

RCW 69.50.208

Schedule III.

RCW 69.50.210

Schedule IV.

RCW 69.50.212

Schedule V.

RCW 69.50.4014

Possession of 40 grams or less of marihuanaPenalty.

RCW 69.50.4016

Provisions not applicable to offenses under RCW 69.50.410.

RCW 69.50.404

Penalties under other laws.

RCW 69.50.407

Conspiracy.

RCW 69.50.412

Prohibited acts: EPenalties.

RCW 69.50.4121

Drug paraphernaliaSelling or givingPenalty.

RCW 69.50.425

Misdemeanor violationsMinimum penalties.

RCW 69.50.505

Seizure and forfeiture.

RCW 69.50.506

Burden of proof; liabilities.

RCW 69.50.509

Search and seizure of controlled substances.

(Ord. 4334 § 6 (part), 2011)

11.12.130 RCW Title 70, entitled “Public Health and Safety”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 70.74.010

Definitions.

RCW 70.74.160

Unlawful access to explosives.

RCW 70.74.295

Abandonment of explosives.

RCW 70.74.300

Explosive containers to be markedPenalty.

RCW 70.74.310

Gas bombs, explosives, stink bombs, etc.

RCW 70.74.400

Seizure and forfeiture.

RCW 70.93.060

Littering prohibitedPenaltiesLitter cleanup restitution payment.

RCW 70.155.010

Definitions.

RCW 70.155.080

Purchasing, possessing by persons under the age of 18Civil infractionCourts of jurisdiction.

(Ord. 4334 § 6 (part), 2011)

11.12.140 Chapter 74.34 RCW, entitled “Abuse of Vulnerable Adults”—Adoption by reference.

The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW 74.34.020

Definitions.

RCW 74.34.053

Failure to reportFalse reportsPenalties.

RCW 74.34.145

Protection of vulnerable adultsNotice of criminal penalties for violationEnforcement under RCW 26.50.110.

(Ord. 4334 § 6 (part), 2011)

Chapter 11.16
MISCELLANEOUS OFFENSES

Sections:

11.16.010    Making a false or misleading statement to a police officer.

11.16.010 Making a false or misleading statement to a police officer.

It is unlawful for any person to knowingly make a false or misleading statement to a police officer. For the purposes of this section, “material statement” means a written or oral statement reasonably likely to be relied upon by a police officer in the discharge of his or her official powers or duties. (Ord. 4334 § 6 (part), 2011)

Chapter 11.20
OFFENSES AGAINST PUBLIC MORALS

Sections:

11.20.010    Definitions.

11.20.020    Lewd act.

11.20.030    Location of performers providing certain forms of entertainment and patrons restricted.

11.20.040    Lewd act—Exemptions.

11.20.050    Lewd act—Affirmative defenses.

11.20.060    Public display of sexually explicit material.

11.20.070    Urinating in public.

11.20.080    Facilitating offense.

11.20.010 Definitions.

As used in this chapter, the following words and terms shall have the meaning set forth in this section:

(1) “Exposed” means the state of being revealed, exhibited or otherwise rendered open to public view.

(2) “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.

(3) “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 (7) of this section.

(4) “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.

(5) “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.

(6) “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.

(7) “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.

(8) “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. 4334 § 6 (part), 2011)

11.20.020 Lewd act.

Every person who intentionally performs any lewd act in a public place or in public is guilty of a gross misdemeanor. (Ord. 4334 § 6 (part), 2011)

11.20.030 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 this section, shall go within six feet of the raised stage. Violation of this section is a gross misdemeanor. (Ord. 4334 § 6 (part), 2011)

11.20.040 Lewd act—Exemptions.

The prohibitions set forth in Section 11.20.020 shall not apply to any:

(1) “Expressive dance” as defined in Section 11.20.010;

(2) Play, opera, musical, or other dramatic work; or

(3) Class, seminar or lecture conducted for a scientific or educational purpose. (Ord. 4334 § 6 (part), 2011)

11.20.050 Lewd act—Affirmative defenses.

It is an affirmative defense to a prosecution for violation of Section 11.20.020 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. 4334 § 6 (part), 2011)

11.20.060 Public display of sexually explicit material.

(a) A person is guilty of displaying sexually explicit material if he or she knowingly places such material upon public display, or if he or she 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. 4334 § 6 (part), 2011)

11.20.070 Urinating in public.

A person is guilty of urinating in public if he or she 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. 4334 § 6 (part), 2011)

11.20.080 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. 4334 § 6 (part), 2011)

Chapter 11.24
NUISANCES

Sections:

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

11.24.090 Public nuisance—Criminal offense.

(a) Any person who creates, causes, allows, maintains, or continues a public nuisance is guilty of a 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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

Chapter 11.41
FIREARMS AND WEAPONS

Sections:

11.41.055    Dangerous weapons.

11.41.075    Disposition of confiscated and forfeited firearms.

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.

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 misdemeanor.

(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. 4334 § 6 (part), 2011)

11.41.075 Disposition of confiscated and forfeited firearms.

Firearms taken into the custody of the Kirkland police department 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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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 guilty of a misdemeanor, and the weapon so used in violation of the provisions hereof shall be confiscated by the court. (Ord. 4334 § 6 (part), 2011)

Chapter 11.52A
BURGLARY AND TRESPASS

Sections:

11.52A.110    Unlawful entry into motor vehicle.

11.52A.120    Making or having auto theft tools.

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. 4334 § 6 (part), 2011)

11.52A.120 Making or having auto theft tools.

(a) 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.

(b) Making or having auto theft tools is a gross misdemeanor. (Ord. 4334 § 6 (part), 2011)

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.

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 “consumer fireworks” under the provisions of RCW 70.77.136. (Ord. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. Violation of this section, to the extent it also constitutes a violation of RCW 70.77.488, 70.77.510 or 70.77.515, shall constitute a gross misdemeanor. Otherwise, violation of this section shall constitute a misdemeanor. (Ord. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. Violation of this section shall constitute a misdemeanor. (Ord. 4334 § 6 (part), 2011)

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 are 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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

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. 4334 § 6 (part), 2011)

Chapter 11.64
LITTERING

Sections:

11.64.010    Declaration of purpose.

11.64.020    Definitions.

11.64.030    Enforcement.

11.64.040    Littering prohibited—Penalties.

11.64.050    Notice to public of contents of this chapter.

11.64.060    Litter receptacles—Distribution, placement, violations and penalties.

11.64.070    Litter bags—Violations and penalties.

11.64.080    Removal of litter from receptacles—Responsibility.

11.64.090    Violations—Penalties.

11.64.010 Declaration of purpose.

The purpose of this chapter is to protect the public health, safety and welfare, and to control and remove litter and garbage from the city to the maximum practical extent possible. The intent of this chapter is to add to and to coordinate existing litter control and removal efforts of private and public entities and individuals, and not to terminate or supplant such efforts. (Ord. 4334 § 6 (part), 2011)

11.64.020 Definitions.

As used in this chapter, unless the context indicates otherwise, the following words shall have the meanings set forth below:

(1) “Litter” means and includes all types of garbage, refuse, trash, and waste material;

(2) “Litter bag” means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle of any person, and is not limited to the state-approved litter bag but must be similar in size and capacity;

(3) “Litter receptacle” means an appropriately sized and shaped litter storage and collection receptacle intended to be used for the purpose of containing litter deposited therein, and includes but is not limited to those containers approved by the Department of Ecology as to standards as to size, shape, capacity, and color and bearing the state anti-litter symbol;

(4) “Person” means any industry, public or private corporation, copartnership, association, firm, individual or other entity whatsoever;

(5) “Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings. “Public place” also means any area that is used or held out for use by the public whether owned or operated by public or private interests, and shall include lakes, rivers, streams and other waterways;

(6) “Vehicle” means every device in, upon, or by which any person or property is or may be transported, including devices used exclusively upon stationary rails or tracks. “Vehicle” also means any boat, ship, vessel, barge, or other floating craft. (Ord. 4334 § 6 (part), 2011)

11.64.030 Enforcement.

City law enforcement officers, code enforcement officers, and those employees otherwise duly delegated and vested with enforcement authority all shall enforce the provisions of this chapter and all rules and regulations adopted hereunder. Additionally, litter violations on private property may also be deemed a nuisance subject to abatement as provided in Chapter 11.24 of this code, or such other process as is provided in the city’s codes. (Ord. 4334 § 6 (part), 2011)

11.64.040 Littering prohibited—Penalties.

(a) No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by him or her or in the waters of this city whether from a vehicle or otherwise, including but not limited to any public highway, public park, beach, forest land, recreational area, trailer park, highway, road, street, or alley except:

(1) When such property is designated by the city for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose; or

(2) Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said private or public property or waters.

(b) Except as provided in RCW 7.80.120(1)(a) and 70.93.060(4), any person discarding, throwing or dropping litter from any motor vehicle shall be guilty of a misdemeanor.

(c) Except as provided in subsection (f) of this section, it is a class 3 civil infraction as provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

(d) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or fifty dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(e) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or one hundred dollars per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(f) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, potentially dangerous litter in any amount.

(g) Any person who deposits, abandons or discards any vehicle or motor vehicle parts, fluids or accessories, upon any public property or upon the private property of another without permission, shall be guilty of a gross misdemeanor. (Ord. 4334 § 6 (part), 2011)

11.64.050 Notice to public of contents of this chapter.

Pertinent portions of this chapter, or pertinent notices, may be posted along the public streets and highways of the city and at all entrances to city parks, recreational areas, at all public beaches, and at all other public places in the city where persons are likely to be informed of the existence and content of this chapter and the penalties for violating its provision. (Ord. 4334 § 6 (part), 2011)

11.64.060 Litter receptacles—Distribution, placement, violations and penalties.

(a) Litter receptacles shall be of an appropriate size and design pursuant to standards adopted by the city or by the State Department of Ecology, and shall bear an anti-litter symbol as designed and adopted by the State Department of Ecology, or other suitable identification as a litter receptacle in accordance with WAC 173-310-050.

(b) Litter receptacles of the appropriate size and design, pursuant to city or state standards, shall be placed along the public streets and highways of this city and shall further be placed at all parks, drive-in restaurants, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, parking lots of major industrial firms, boat launching areas, beaches and bathing areas and at such other public places within the city as may be specified by rule or regulation adopted by the city manager, or designee.

(c) It shall be the responsibility of any persons owning or operating any establishments or public places in which such litter receptacles are required by this section to procure and place such receptacles at their own expense on the premises.

(d) Violation of this section shall be a class 3 civil infraction pursuant to RCW 7.80.120. Any person violating the provisions of this section or rules or regulations adopted thereunder shall be subject to an infraction for each day of violation. (Ord. 4334 § 6 (part), 2011)

11.64.070 Litter bags—Violations and penalties.

The owner of any vehicle who fails to keep and use a litter bag in his or her vehicle shall be guilty of a violation of this section and shall be subject to penalties as provided in this chapter. (Ord. 4334 § 6 (part), 2011)

11.64.080 Removal of litter from receptacles—Responsibility.

Responsibility for the removal of litter from receptacles placed on private or public property which is used by the public shall remain the responsibility of the owner or the person in possession of such property. (Ord. 4334 § 6 (part), 2011)

11.64.090 Violations—Penalties.

Every violation of this chapter for which no penalty is specially provided shall be punished by a class 3 civil infraction pursuant to RCW 7.80.120. (Ord. 4334 § 6 (part), 2011)

Chapter 11.76
JUNK VEHICLES*

Sections:

11.76.010    Purpose.

11.76.015    Definition of director.

11.76.020    Definition of junk vehicle.

11.76.030    Notice of violation and order to correct—Certification of vehicles as junk.

11.76.040    Exceptions.

11.76.050    Hearings.

11.76.060    Determination of responsibility.

11.76.070    Abatement and removal.

11.76.080    Costs of removal and disposal—Recovery.

11.76.090    Subsequent violation—Misdemeanor.

*    For provisions relating to impoundment of abandoned or unauthorized vehicles, see Chapter 12.40.

11.76.010 Purpose.

This chapter establishes procedures for the abatement and removal of junk vehicles, as public nuisances, from private property, pursuant to RCW 46.55.240. (Ord. 4334 § 6 (part), 2011)

11.76.015 Definition of director.

“Director” means Kirkland’s director of planning and community development, the chief of police, or either of their designees. (Ord. 4334 § 6 (part), 2011)

11.76.020 Definition of junk vehicle.

“Junk vehicle” means a vehicle certified by notice of violation and corrective order under Section 11.76.030 as meeting at least three of the following requirements:

(1) Is three years old or older;

(2) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission;

(3) Is apparently inoperable; or

(4) Has a fair market value equivalent only to the approximate value of the scrap in it. (Ord. 4334 § 6 (part), 2011)

11.76.030 Notice of violation and order to correct—Certification of vehicles as junk.

(a) Whenever the director, or the director’s designee, determines that a vehicle, vehicles, or parts thereof are junk vehicles, a notice of violation and order to correct shall be served upon the owner of the property upon which the vehicle is located and the last registered owner of the vehicle (unless the vehicle is in such condition that identification numbers are not available to determine ownership or the owner of the land has denied the certifying individual entry to the land to obtain the vehicle identification number). The notice of violation and order to correct shall:

(1) Separately identify each vehicle and certify that each vehicle is a “junk vehicle” as defined in Section 11.76.020;

(2) State that the vehicle must be removed and establish a date, at least fifteen days from the day the notice is served or mailed, for compliance;

(3) Clearly denote the city’s authority to impound.

(b) The notice of violation and order to correct shall be served either by (1) personal service; or (2) certified mail with a five-day return receipt requested.

(c) Whenever possible, a copy of the notice of violation and order to correct shall be posted at a conspicuous place on the property.

(d) The notice of violation and order to correct shall state that a public hearing may be requested before the city hearing examiner and that if no hearing is requested within fifteen days from the date of the postmark of the notice or personal service of the notice, the junk vehicle will be removed.

(e) If a request for hearing is received within fifteen days of the postmark, a notice of hearing giving the time, location and date of such hearing on the question of abatement and removal of the vehicle, vehicles or parts thereof as a public nuisance shall be mailed, by certified mail with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of each vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership or the owner of the land has denied the certifying individual entry to the land to obtain the vehicle identification number. (Ord. 4334 § 6 (part), 2011)

11.76.040 Exceptions.

This chapter shall not apply to a vehicle, vehicles, or parts thereof that:

(1) Are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property; or

(2) Are stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and which is fenced according to RCW 46.80.130. (Ord. 4334 § 6 (part), 2011)

11.76.050 Hearings.

Hearings under this chapter shall be heard by the city hearing examiner. The hearing examiner shall determine whether the city has proven by a preponderance of evidence that the vehicle, vehicles or vehicle parts are junk vehicles subject to abatement. The decision of the hearing examiner may be appealed to the Kirkland municipal court for final judgment. (Ord. 4334 § 6 (part), 2011)

11.76.060 Determination of responsibility.

(a) The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and may deny responsibility for the presence of the vehicle on the land stating the reason for such denial.

(b) If it is determined at the hearing that the vehicle was placed on the land without consent of the land owner and that the land owner has not subsequently acquiesced in its presence, then costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located nor otherwise be collected from the land owner.

(c) Nothing in this chapter shall relieve the property owner from any civil penalties which may accrue from any zoning code violation related to the improper placement, parking, or storage of vehicles or parts thereof. (Ord. 4334 § 6 (part), 2011)

11.76.070 Abatement and removal.

After a hearing has been held, if requested consistent with this chapter, or after the time for compliance has passed, if no hearing has been requested, the vehicle, vehicles, or parts thereof shall be removed at the request of the director or the director’s designee. The vehicle, vehicles, or parts thereof so removed shall be disposed of at a licensed vehicle wrecker with notice to the Washington State Patrol and to the Department of Licensing that the vehicle has been wrecked. (Ord. 4334 § 6 (part), 2011)

11.76.080 Costs of removal and disposal—Recovery.

The costs of removal and disposal shall be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership complied with RCW 46.12.101, or against the owner of the property on which the vehicle is stored, subject to the provisions of Section 11.76.060. (Ord. 4334 § 6 (part), 2011)

11.76.090 Subsequent violation—Misdemeanor.

Any subsequent violations of this chapter shall be subject to the abatement procedures provided for herein, and, in addition, any person receiving subsequent notices of violation and corrective orders shall be guilty of a misdemeanor. (Ord. 4334 § 6 (part), 2011)

Chapter 11.80
PARK RULES

Sections:

11.80.010    Title of chapter.

11.80.020    Police power.

11.80.030    Definitions.

11.80.040    Posting signs, posters and notices.

11.80.050    Injury to park property unlawful.

11.80.060    Animals at large prohibited.

11.80.070    Firearms and explosives.

11.80.080    Teasing, annoying or injuring animals prohibited.

11.80.090    Certain vocations and loudspeakers prohibited.

11.80.100    Business activity in parks.

11.80.110    Watercraft.

11.80.120    Emergency aid by watercraft.

11.80.130    Riding vehicles and animals.

11.80.140    Camping areas.

11.80.150    Practicing and playing games.

11.80.160    Depositing refuse and litter.

11.80.180    Permit for assemblies required.

11.80.190    Races prohibited.

11.80.200    Building fires.

11.80.210    Intoxicating liquors and drugs prohibited.

11.80.220    Adoption of rules and regulations by director.

11.80.230    Aiding and abetting violations.

11.80.250    Parks closed between ten p.m. or eleven p.m. and dawn.

11.80.010 Title of chapter.

This chapter may be cited as the park rules for the city of Kirkland. (Ord. 4334 § 6 (part), 2011)

11.80.020 Police power.

This chapter is hereby declared to be an exercise of the police power of the city for the public peace, health, safety and welfare and its provisions are to be liberally construed. (Ord. 4334 § 6 (part), 2011)

11.80.030 Definitions.

The terms herein used, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:

(1) “Director” means the director of the parks and recreation department of the city as established by Chapter 3.68.

(2) “Park” means and includes all city parks and all areas within the boundaries of a city park, including structures, regardless of whether the area is under the management and control of the park and recreation department.

(3) “Park board” means the board of park commissioners as established and created by Chapter 3.36.

(4) Wherever consistent with the context of this chapter, words in the present, past or future tenses shall be construed to be interchangeable with each other and words in the singular number shall be construed to include the plural. (Ord. 4334 § 6 (part), 2011)

11.80.040 Posting signs, posters and notices.

(a) It is unlawful for any person, without prior written permission of the director, to attach any notice, bill, poster, sign, wire, rod or cord to any tree, shrub, railing, post or structure within any park; provided, that the director may permit the erection of temporary directional signs or decorations on occasions of public celebration and picnics.

(b) It is unlawful for any person, without prior written permission of the director, to use, place or erect any signboard, sign, billboard, bulletin board, post, pole, or device of any kind for advertising in any park, or to place or erect in any park a permanent or temporary structure of any kind; provided, that before granting any such permit, the director shall establish general rules and regulations pertaining hereto, including provisions pertaining to removal, protection of the city park department and its employees, protection of the interests of the general public, and of persons using said park. (Ord. 4334 § 6 (part), 2011)

11.80.050 Injury to park property unlawful.

It is unlawful for any person to remove, destroy, mutilate or deface any structure, or any part of any structure, or any fixture therein, or attached thereto, or any monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system or sprinkling system, or any other property lawfully located within any park. (Ord. 4334 § 6 (part), 2011)

11.80.060 Animals at large prohibited.

The provisions of Chapter 8.04 of the Kirkland Municipal Code, including all portions of the King County Code adopted by reference, shall apply in all parks. It is unlawful for any person to allow or permit any animal owned by him or within his possession or under his control to run at large in any park or enter any designated swimming area located therein. The director, acting pursuant to Section 11.80.220, may adopt rules prohibiting dogs or other types of domesticated animals from entering certain parks or certain portions of parks after consultation with the city council. (Ord. 4334 § 6 (part), 2011)

11.80.070 Firearms and explosives.

It is unlawful to shoot, fire or explode any firearms, fireworks, firecracker, torpedo or explosive of any kind or to shoot or fire any air gun, bows and arrows, B.B. gun, or use any slingshot or other propelling device wherein the applied human energy or force is artificially aided, directed or added to in any park, except in such designated recreational areas as may by the department of parks and recreation be developed and provided for such activities. (Ord. 4334 § 6 (part), 2011)

11.80.080 Teasing, annoying or injuring animals prohibited.

It is unlawful for any person in any park, in any manner, to tease, annoy, disturb, molest, catch, injure or kill or to throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird or fowl; or to catch any fish or feed any fowl except at those places as may be so designated for the catching of fish or the feeding of fowl by the director. (Ord. 4334 § 6 (part), 2011)

11.80.090 Certain vocations and loudspeakers prohibited.

It is unlawful to sell, solicit or peddle in any park without first obtaining a written permit from the director. It is also unlawful to operate or use any loudspeaker or sound amplification devices in any park without first obtaining a written permit from the director. (Ord. 4334 § 6 (part), 2011)

11.80.100 Business activity in parks.

It is unlawful to conduct any type of business activity in any park without first entering into a concession contract according to the rules and regulations of the parks and recreation department therefor with the city. As used in this section, “business activity” shall include, but not be limited to, the following:

(1) Sale of food, beverages or merchandise;

(2) Providing classes or other forms of instruction for a fee or other valuable consideration; or

(3) Use of park facilities for advertising any business, product or service. (Ord. 4334 § 6 (part), 2011)

11.80.110 Watercraft.

It is unlawful for any person to have, keep or operate any boat, float, raft or other watercraft in or upon any bay, lake, slough, river, or creek, within the limits of any park, or to land the same at any point upon the shores thereof bordering upon any park, except at such places as shall be set apart for such purposes by the director and so designated by signs. (Ord. 4334 § 6 (part), 2011)

11.80.120 Emergency aid by watercraft.

It is unlawful for any person to land or dock a boat at any swimming dock or float, nor shall any boat be allowed within a swimming area except in an emergency involving rescue or lifesaving. (Ord. 4334 § 6 (part), 2011)

11.80.130 Riding vehicles and animals.

It is unlawful for any person to ride or drive any vehicle or animal over or through any park except along and upon the park drive parkways, park boulevards, and bicycle paths, or at a speed in excess of the posted speed limit or in excess of fifteen miles per hour where no speed limit is so posted or to stand or park any vehicle in any park except in areas designated for such purpose by the director and so posted by signs, or to stand or park any vehicle between the hours of eleven p.m. and seven a.m. of the following day except in such areas as may be designated for such purpose by the director and so posted by signs. (Ord. 4334 § 6 (part), 2011)

11.80.140 Camping areas.

It is unlawful for any person or group of persons to “camp out” in any park except at places set aside for such purposes by the director and so designated by signs. (Ord. 4334 § 6 (part), 2011)

11.80.150 Practicing and playing games.

It is unlawful for any person to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis, badminton or other games of like character or to hurl or propel any missile except at places set apart and developed for such purposes by the department of parks and recreation and so designated by the director. (Ord. 4334 § 6 (part), 2011)

11.80.160 Depositing refuse and litter.

It is unlawful for any person to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any waste or abandoned material therein except in designated receptacles. (Ord. 4334 § 6 (part), 2011)

11.80.180 Permit for assemblies required.

It is unlawful for any person to hold, sponsor, or participate in any organized assembly without first giving to the director notice thereof and obtaining therefrom his written permit to do so. Such notice shall be given at least seventy-two hours prior to the date established for such assembly. Pursuant to Chapter 3.68 and Section 11.80.220, the director is hereby ordered to establish forthwith such rules and regulations pertaining to the issuance of assembly permits as shall permit the fullest peaceful utilization of the parks by all of the general public (including such persons attending such assemblies and such other persons utilizing the park, but not in attendance at such assembly) as shall be reasonably possible and consistent with the health, safety, and general welfare. In this connection, and in addition to the conduct requirements of this chapter, such rules and regulations may require the deposit of “cleanup” undertakings, the furnishing of waste and sanitary conveniences and effective plans for traffic and crowd control and management. (Ord. 4334 § 6 (part), 2011)

11.80.190 Races prohibited.

It is unlawful for any person in any park to engage in, conduct or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, boat, aircraft or animal, except at specified places and times designated for such activities by the director upon his determination that:

(1) Adequate provision has been made to ensure that the health and safety of participants in and spectators of any such activities will not be subject to undue hazard;

(2) Such activities will be conducted in such a manner as to minimize potential damage to public or private property;

(3) Such activities will not constitute a public nuisance; and

(4) Such activities will not unduly interfere with the use of park facilities by the general public. (Ord. 4334 § 6 (part), 2011)

11.80.200 Building fires.

It is unlawful for any person to build any fire in any park except in such areas as may be designated by the director and such designation is clearly defined by signs posted in such area. (Ord. 4334 § 6 (part), 2011)

11.80.210 Intoxicating liquors and drugs prohibited.

It is unlawful for any person to possess a container of any alcoholic beverage, whether opened or unopened, while in any city park. Any person having a container within one’s immediate reach or control (such as at a bench, picnic table, blanket, or motor vehicle where that person is sitting) within a city park may be considered to be in possession of the container for the purposes of this section. A person is exempt from this section to the extent that his/her actions are in accordance with a parks department special alcohol permit. (Ord. 4334 § 6 (part), 2011)

11.80.220 Adoption of rules and regulations by director.

The director shall have the power, pursuant to Chapter 3.68, to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks, and shall post the same in conspicuous places in the parks. Such rules and regulations shall include a procedure for granting blanket permits encompassing any particulars of this chapter to locally and nationally recognized organizations or associations. Such rules and regulations may include the establishment of hours during which any park or portion thereof, as designated by signs located within the designated portion, shall be closed to the general public; such closures may be for reasons of public safety, welfare and convenience, or for reasons of park maintenance. It is unlawful for any person to violate or fail to comply with any park rule or regulation duly adopted and posted by the department. (Ord. 4334 § 6 (part), 2011)

11.80.230 Aiding and abetting violations.

Any person participating in a violation of any provision of this chapter whether directly committing the act or omitting to do the thing constituting the offense or who aids or abets the same, and whether present or absent, and anyone who directly or indirectly counsels, encourages, hires, commands, induces, or otherwise procures another to commit such offense, shall be proceeded against and prosecuted as such. (Ord. 4334 § 6 (part), 2011)

11.80.250 Parks closed between ten p.m. or eleven p.m. and dawn.

The provisions of this section shall apply to all parks, improved and unimproved, within the city or owned by the city.

(1) Except as otherwise provided herein, all waterfront parks, including vehicle parking areas within the parks, within the city or owned by the city shall be closed to the general public between the hours of ten p.m. and dawn of the following day.

(2) Except as otherwise provided herein, all other parks, including vehicle parking areas within the parks, within the city or owned by the city shall be closed to the general public between the hours of eleven p.m. and dawn of the following day.

(3) It is unlawful for any person, other than a police officer or authorized park department employee, to enter into or remain within a park within the city or owned by the city at any time between the closing hour designated above and dawn of the following day.

(4) For the purposes of this section, “dawn” means the time of official sunrise for the particular day as published by the U.S. Weather Service. (Ord. 4334 § 6 (part), 2011)

Chapter 11.84A
PUBLIC DISTURBANCE

Sections:

11.84A.030    Disorderly conduct.

11.84A.050    Liquor in public.

11.84A.060    False aid calls and false fire alarms—Civil remedy.

11.84A.070    Public disturbance noises.

11.84A.030 Disorderly conduct.

RCW 9A.84.030 is hereby adopted by reference. In addition, a person is guilty of disorderly conduct if he or she:

(1) Intentionally engages in a fight in a public place or way open to the public;

(2) Intentionally uses unlawful force or violence on the person of another; or

(3) Intentionally conducts himself or herself in a manner which disturbs the public peace, provokes disorder or endangers the safety of others.

Disorderly conduct under this section is a misdemeanor. (Ord. 4334 § 6 (part), 2011)

11.84A.050 Liquor in public.

It is unlawful for any person to open a container or possess an opened container of intoxicating liquor in a way open to the public or a public place other than a public place specifically identified and posted as a place where intoxicating liquor may be consumed. Violation of this section shall constitute a misdemeanor. (Ord. 4334 § 6 (part), 2011)

11.84A.060 False aid calls and false fire alarms—Civil remedy.

Any person committing those acts described in RCW 9A.84.010 shall be liable for damages in a civil action for actual costs incurred in proceeding under this section. It is provided that any such person proceeded against under this section need not be shown to have had actual knowledge that the information reported, conveyed or circulated was false, but rather that said information lacked a reasonable and justifiable basis from which an ordinarily prudent person could conclude that it was true. (Ord. 4334 § 6 (part), 2011)

11.84A.070 Public disturbance noises.

It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises:

(1) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

(2) The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;

(3) Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;

(4) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings;

(5) Sound from any motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than fifty feet from the vehicle itself;

(6) Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than fifty feet from the source, and if not operated upon the property of the operator;

(7) The foregoing provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts.

Provided, that the foregoing enumeration of acts and noises not be construed as excluding other acts and noises which offend the public peace. (Ord. 4334 § 6 (part), 2011)

Chapter 11.92
CITY JAIL CUSTODIAL CARE STANDARDS

Sections:

11.92.010    Adoption.

11.92.020    Definitions.

11.92.010 Adoption.

The Custodial Care Standards for Holding Facilities, as adopted by the board of directors of the Washington Association of Cities in the format prepared and approved by the Washington Association of Sheriffs and Police Chiefs, are hereby adopted by this reference, to be the custodial care standards for the Kirkland city jail, which jail facility is classified as a holding facility. A copy of said standards, as adopted herein by reference, shall be authenticated and recorded by the Kirkland city clerk. Not less than one copy of said standards, herein adopted by reference, shall be filed in the office of the Kirkland city clerk for use by the public. Not less than one copy thereof shall also be maintained in the offices of the Kirkland police department. (Ord. 4334 § 6 (part), 2011)

11.92.020 Definitions.

The following words or phrases as used in the custodial care standards, adopted by reference in Section 11.92.010, shall mean:

(1) “Body cavity” means the stomach or rectum of a person and the vagina of a female person. For the purposes of this chapter, the mouth is not a body cavity.

(2) “Body cavity search” means the touching or probing of a person’s body cavity, whether or not there is actual penetration of the body cavity.

(3) “Chief law enforcement officer” means the Kirkland chief of police.

(4) “Contraband” means any substance or item not specifically permitted by jail administration.

(5) “Director of the department of corrections” means the uniformed police officer designated by the chief law enforcement officer to be the officer in charge of the Kirkland jail facility.

(6) “Strip search” means having a person remove or arrange some or all of his or her clothing so as to permit an inspection of the genitals, buttocks, anus, or undergarments of the person or breasts of a female person. (Ord. 4334 § 6 (part), 2011)