Title 1
GENERAL PROVISIONS

Chapters:

1.01 Code Adopted

1.04 Violation of Ordinances—Power of Arrest—Penalty

1.08 Publication of Ordinances

Chapter 1.01
CODE ADOPTED*

Sections:

1.01.010 Code adopted.

1.01.020 Title—Citation—Reference.

1.01.030 Reference applies to amendments.

1.01.040 Codification authority.

1.01.050 Definitions—Construction.

1.01.060 Title—Chapter—Section headings.

1.01.070 Reference to specific ordinances.

1.01.080 Effect of code on past action and obligations.

1.01.090 Adoption of code not to affect ordinances relating to “Reserved” subject matter.

1.01.100 Severability.

1.01.110 Effective date.

* For the statutory provisions regarding the codification of the city’s ordinances, see RCW 35A.21.130.

1.01.010 Code adopted.

The Kirkland Municipal Code, as compiled from the ordinances of the city, and edited and published by Book Publishing Company of Seattle, Washington, is adopted as the official code of the city. (Ord. 2170 §  1, 1971)

1.01.020 Title—Citation—Reference.

This code shall be known as the “Kirkland Municipal Code,” and it shall be sufficient to refer to said code as the “Kirkland Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the “Kirkland Municipal Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Kirkland Municipal Code,” and such reference shall apply to that numbered title, chapter, section or subsection as it appears in that code. (Ord. 2170 §  2, 1971)

1.01.030 Reference applies to amendments.

Whenever a reference is made to this code as the “Kirkland Municipal Code” or to any portion thereof, or to any ordinances of the city, that reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 2170 §  3, 1971)

1.01.040 Codification authority.

This code consists of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to RCW 35A.21.130. (Ord. 2170 §  4, 1971)

1.01.050 Definitions—Construction.

Unless the context otherwise requires, the following words and phrases where used in the ordinances of the city shall have the meaning and construction given in this section:

(a) “Code” means the Kirkland Municipal Code;

(b) “City” means the city of Kirkland;

(c) “City council” means the city council of the city of Kirkland;

(d) “County” means the county of King;

(e) “Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or the manager, lessee, agent, servant, officer or employee of any of them;

(f) “State” means the state of Washington;

(g) “Oath” includes affirmation;

(h) “Gender.” The masculine gender includes the feminine and neuter;

(i) “Number.” The singular number includes the plural, and the plural includes the singular;

(j) “Tenses.” The present tense includes the past and future tenses, and the future tense includes the present tense;

(k) “Shall” is mandatory, “may” is permissive;

(l) Title of office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city of Kirkland;

(m) “Owner” when pertaining to a building or land includes any part owner, joint owner, tenant in common, or joint tenant of the whole or part of such building or land;

(n) “Street” includes all streets, highways, public roads, county roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways, or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state;

(o) “Tenant” or “occupant” when pertaining to a building or land includes any person who occupies the whole or part of such building or land, whether alone or with others;

(p) “Goods” includes wares and merchandise;

(q) “Operate” or “engage in” includes carry on, keep, conduct, maintain, or cause to be kept or maintained;

(r) “Across” includes along, in or upon;

(s) “Sale” includes any sale, exchange, barter or offer for sale;

(t) “Ex-officio” means by virtue of office.

(Ord. 2170 §  5, 1971)

1.01.060 Title—Chapter—Section headings.

Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 2170 §  6, 1971)

1.01.070 Reference to specific ordinances.

The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 2170 §  7, 1971)

1.01.080 Effect of code on past actions and obligations.

Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or any part of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 2170 §  8, 1971)

1.01.090 Adoption of code not to affect ordinances relating to “Reserved” subject matter.

The adoption of this code shall not be construed to repeal, supersede or modify any existing ordinances of a penal or regulatory nature relating to subject matter for which titles and chapters of this code have been assigned and designated herein as “reserved.” (Ord. 2170 §  9, 1971)

1.01.100 Severability.

If any section, subsection, sentence, clause, phrase, part, or any portion of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The city council declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. (Ord. 2170 §  10, 1971)

1.01.110 Effective date.

This ordinance shall be in force and take effect five days from and after its passage by the council and publication as required by law. (Ord. 2170 §  11, 1971)

Chapter 1.04
VIOLATION OF ORDINANCES—POWER OF ARREST—PENALTY*

Sections:

1.04.010 Classes of crime—Penalties.

1.04.011 Serious crimes designated.

1.04.015 Limitation of actions.

1.04.020 Effect of penalty on past actions and obligations.

1.04.030 Cost of prosecution—Payment.

1.04.040 Power of arrest.

1.04.050 Arrest powers deemed additional.

* For the statutory provisions authorizing police officers to arrest for certain misdemeanors upon reasonable belief, see RCW 10.31.100. For the provisions regarding maximum penalties a code city may provide for the violation of its ordinances, see RCW 35A.11.020.

1.04.010 Classes of crime—Penalties.

(a) Any offense defined by this code and any violation of a mandatory provision of this code or any other ordinance of the city constitutes a crime, unless it is a civil violation or traffic infraction. Civil violations include only those violations specifically designated as such in this code or in any ordinance of the city. Traffic infraction means an offense under the provisions of Title 12 of this code, for which monetary penalty may be imposed pursuant to RCW Chapter 46.63, et seq. Crimes are either misdemeanors or gross misdemeanors.

(b) Gross Misdemeanor. Every crime designated in any section of this code or any other ordinance of the city as a serious crime is a gross misdemeanor. Designation as a serious crime may be by notation with (S) immediately preceding the code section, or by use of the words “serious crime” within the section which establishes the elements of the crime or by listing in Section 1.04.011. Any person convicted of a gross misdemeanor for which no penalty is specifically prescribed shall be punished by imprisonment for not more than one year, or by a fine of not more than five thousand dollars, or by both such imprisonment and fine.

(c) Misdemeanor. Every crime which is not a gross misdemeanor is a misdemeanor. Any crime designated as a simple crime in this code or any other ordinance is a misdemeanor. Any person convicted of a misdemeanor for which no punishment is specially prescribed shall be punished by imprisonment for not more than ninety days or by a fine of not more than one thousand dollars or both such imprisonment and fine.

(d) Notwithstanding the maximum penalties established in this section for gross misdemeanors and misdemeanors, the maximum penalty which may be imposed upon any person convicted of a criminal violation of a city ordinance, including any section of this code shall not exceed the maximum penalty which could be imposed for violation of a state criminal statute having the same elements.

(e) Notwithstanding the penalties established by this chapter, unless specified otherwise, violation of any section contained in Title 14 of this code and Section 11.80.110 are civil infractions and the penalty for violation shall be an amount established for such violation by ordinance or court rule. (Ord. 3430 § 1, 1994; Ord. 3253 §  1, 1991: Ord. 2878 §  1, 1985: Ord. 2852 §  2, 1985)

1.04.011 Serious crimes designated.

Pursuant to Section 1.04.010 the following sections are designated as serious crimes:

5.06.060

5.08.210

5.12.070

7.12.025

7.22.020

7.24.050

7.32.080

7.36.120

7.48.010

7.48.040

14.24.020

14.24.050

14.24.130

14.40.030

14.40.040

14.44.040

14.48.010

14.48.020

14.48.060

15.36.030

15.40.010

19.04.050.

For further designation of serious crimes, see Sections:

8.04.025

11.04A.130

12.04.030

21.04.030

22.36.030.

(Ord. 2878 §  2, 1985)

1.04.015 Limitation of actions.

Prosecutions for offenses defined as gross misdemeanors may be commenced within two years after their commission, and for offenses defined as misdemeanors may be commenced within one year after their commission; provided, that any length of time during which the party charged was not usually and publicly resident within the state shall not be reckoned within the one and two years, respectively; and further provided, that where a complaint has been filed within the time limited for the commencement for a criminal action, if the complaint is set aside, the time limitation shall be extended by the length of time from the filing of such complaint to the time such complaint was set aside. (Ord. 3318 §  1, 1992: Ord. 2375 §  1(B), 1978)

1.04.020 Effect of penalty on past actions and obligations.

All prior penalty provisions of the ordinances of the city which impose a fine or imprisonment or both upon conviction are repealed. Nothing herein shall be construed as a repeal of any provision of any ordinance of the city providing for termination, cancellation, loss or forfeiture of any license, permit or privilege granted or regulated by city ordinance or any other penalty imposed other than fine and imprisonment upon conviction of a misdemeanor in a court of competent jurisdiction. (Ord. 2115 §  2, 1970)

1.04.030 Costs of prosecution—Payment.

Whenever anyone is convicted of a crime, in addition to any fine imposed, he must pay the costs of prosecution. In default of such payment he shall be imprisoned until payment is made or worked out on a basis of twenty-five dollars per each day of imprisonment. (Ord. 2852 §  3, 1985: Ord. 895 §  104, 1962)

1.04.040 Power of arrest.

Any police officer of the city having information to support a reasonable belief that a person has committed or is committing a violation of a city ordinance that constitutes a misdemeanor involving physical harm or threats of harm to any person or property, or the unlawful taking of property, or involving the use or possession of cannabis or driving or being in physical control of a motor vehicle while under the influence of intoxicants or controlled substances shall have the authority to arrest the person. (Ord. 2285 §  1 (part), 1975: Ord. 2092 §  1, 1970)

1.04.050 Arrest powers deemed additional.

The authority and power to arrest specified in Section 1.04.040 shall be in addition to all other powers of arrest as may exist under the laws and the statutes of the state of Washington and the ordinances of the city of Kirkland. (Ord. 2285 §  1 (part), 1975: Ord. 2092 §  2, 1970)

Chapter 1.08
PUBLICATION OF ORDINANCES*

Sections:

1.08.010 Required publications.

1.08.015 Designation of official newspaper.

1.08.017 Publication of ordinances in summary form.

1.08.020 Number of publications—Notices of hearing.

* For the statutory provisions regarding the adoption of city ordinances, see RCW 35A.13.190 and 35A.13.200.

1.08.010 Required publications.

(a) All ordinances of the city shall promptly after adoption be published at least once in the city’s official newspaper.

(b) All notices of hearings before the city council, planning commission and hearing examiner shall be published at least once in the city’s official newspaper. (Ord. 4082 § 1, 2007: Ord. 2886 §  1, 1985: Ord. 2600 §  1, 1981: Ord. 972 §  1, 1965)

1.08.015 Designation of official newspaper.

The city shall by council resolution designate an official newspaper. The newspaper so designated must qualify as a legal newspaper under Chapter 65.16 RCW. (Ord. 4082 § 2, 2007: Ord. 3141 §  1, 1988: Ord. 2886 §  2, 1985)

1.08.017 Publication of ordinances in summary form.

All ordinances passed by the city council shall be published verbatim in accordance with the requirements of Section 1.08.010; provided, however, in lieu of such verbatim publication, a summary of the ordinance may be published. Such summary must be approved by the city council and shall include:

(1) The name of the city;

(2) The number of the ordinance;

(3) A descriptive title of the ordinance;

(4) A section-by-section summary of the ordinance;

(5) Any other information which the city council finds is necessary to provide a complete summary;

(6) A statement that the full text of the ordinance will be mailed without charge to any person upon request.

If the ordinance to be summarized contains legal descriptions of real property, then any summary which identifies affected property may do so by address, legal description, vicinity sketch or other reasonable means. (Ord. 3141 §  2, 1988: Ord. 2905 §  1, 1985)

1.08.020 Number of publications—Notices of hearing.

One publication shall satisfy the requirements of this chapter unless a greater number of publications is otherwise required. All notices of hearing shall be published not less than five days prior to such hearing. (Ord. 4082 § 3, 2007: Ord. 972 §  2, 1965)