Title 11
PUBLIC PEACE, MORALS AND SAFETY*
Chapters:
11.04A General Provisions
11.08A Principles of Liability
11.12 Malicious Prosecution and Criminal Contempt
11.16A Defenses
11.20 Offenses Against Public Morals
11.20A Classification of Crimes
11.23 Contempt
11.24 Nuisances
11.28A Anticipatory Offenses
11.36 Crimes Against Property
11.36A Assault, Other Crimes Involving Physical Harm, and Domestic Violence
11.40A Custodial Interference
11.41 Firearms and Weapons
11.44 Minors
11.45 Frauds and Swindles
11.48 Repealed
11.48A Arson, Reckless Burning and Malicious Mischief
11.52A Burglary and Trespass
11.56A Theft and Robbery
11.60 Fireworks
11.60A Fraud
11.61 Menacing and Telephone Harassing
11.64 Littering
11.68 Sound Trucks
11.69 Obstructing Justice
11.72 Unfair Housing Practices
11.72A Perjury and Interference With Official Proceedings
11.76 Junk Vehicles
11.76A Obstructing Governmental Operations
11.77 Drugs and Controlled Substances
11.80 Park Rules
11.80A Abuse of Office
11.84 Inspections and Search Warrants
11.84A Public Disturbance
11.86 Crimes Relating to United States and State Flags
11.87A Offenses Relating to Schools and School Personnel
11.91 Miscellaneous Crimes
11.92 City Jail Custodial Care Standards
* For the constitutional authority regarding the inherent police power of the city, see WASH. CONST. Art. 11 § 11 (1889); for the statutory provision regarding the police power of third class cities, see RCW 35.2d.290(28).
Chapter 11.04A
GENERAL PROVISIONS
Sections:
11.04A.010 Short title.
11.04A.020 Purposes—Principles of construction.
11.04A.030 Criminal jurisdiction.
11.04A.040 Reference to other RCW sections.
11.04A.050 People capable of committing crimes.
11.04A.060 Common law to supplement statute.
11.04A.070 Who amenable to criminal statutes.
11.04A.080 Reference to other RCW sections.
11.04A.100 Proof beyond a reasonable doubt.
11.04A.110 Definitions.
11.04A.120 Section 11.04A.110(27) amended.
11.04A.130 Serious crimes designated.
11.04A.140 Amendments to criminal code provisions adopted by reference automatically included.
11.04A.010 Short title.
This title shall be known and may be cited as the Kirkland Municipal Criminal Code. (Ord. 2879 § 2, 1985)
11.04A.020 Purposes—Principles of construction.
(a) The general purposes of the provisions governing the definitions of offenses are:
(1) To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;
(2) To safeguard conduct that is without culpability from condemnation as criminal;
(3) To give fair warning of the nature of the conduct declared to constitute an offense.
(b) The provisions of Ordinance 2375 shall be construed according to the fair import of their terms, but when the language is susceptible to different constructions, it shall be interpreted to further the general purposes stated in said ordinance.
(c) Whenever the incorporated Revised Code of Washington provisions use the words “state,” “laws of this state,” “within this state” and other similar language, “city,” “laws of this city” and “within this city” must be substituted in order to accomplish the purpose of incorporation by reference as part of Ordinance 2375. Also, definitions such as of “government” and “public servant” contained in adopted sections of Revised Code of Washington shall be interpreted so as to be lawfully enforceable under the Kirkland Municipal Code. (Ord. 2375 § 2 (part), 1978)
11.04A.030 Criminal jurisdiction.
Any person who commits within the city any act which is contrary to or prohibited by the provisions of Title 11 of this code or any mandatory ordinance of the city shall be liable for punishment. (Ord. 2375 § 2 (part), 1978)
11.04A.040 Reference to other RCW sections.
Provisions of the Revised Code of Washington not incorporated by reference may be referred to for purposes of word definition or definition of terms. (Ord. 2375 § 2 (part), 1978)
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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People capable of committing crimes. |
9A.04.050 |
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Common law to supplement statute. |
9A.04.060 |
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Who amenable to criminal statutes. |
9A.04.070 |
(Ord. 2375 § 3 (part), 1978)
11.04A.080 Reference to other RCW sections.
If the adopted by reference section of the Revised Code of Washington refers to another incorporated section for purposes of definition or otherwise, the cited Revised Code of Washington section shall be interpreted as referring to the corresponding Kirkland Municipal Code section. (Ord. 2375 § 2 (part), 1978)
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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Proof beyond a reasonable doubt. |
9A.04.100 |
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Definitions. |
9A.04.110 |
(Ord. 2375 § 3 (part), 1978)
11.04A.120 Section 11.04A.110(27) amended.
Section 11.04A.110(27) is amended to read as follows:
11.04A.110(27) Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular; and in the feminine shall include the masculine.
(Ord. 2382 § 1, 1978)
11.04A.130 Serious crimes designated.
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Sections |
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11.40A.050(1) |
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11.72A.140(1) |
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(Ord. 2879 § 3, 1985: Ord. 2820 § 5, 1984: Ord. 2768 § 7, 1983: Ord. 2375 § 9, 1978)
11.04A.140 Amendments to criminal code provisions adopted by reference automatically included.
Any section of the Revised Code of Washington which has been or will be adopted by reference in this title is hereby adopted to include any amendments to such section which has been or will be enacted or authorized by the State Legislature. (Ord. 3745 § 1, 2000)
Chapter 11.08A
PRINCIPLES OF LIABILITY
Sections:
11.08A.010 General requirements of culpability.
11.08A.020 Liability for conduct of another—Complicity.
11.08A.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf.
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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General requirements of culpability. |
9A.08.010 |
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Liability for conduct of another— Complicity. |
9A.08.020 |
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Criminal liability of corporations and persons acting or under a duty to act in their behalf. |
9A.08.030 |
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11.08A.030(1) |
9A.08.030(1) |
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11.08A.030(2) |
9A.08.030(2) |
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11.08A.030(3) |
9A.08.030(3) |
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11.08A.030(4) |
9A.08.030(4) |
(Ord. 2375 § 4 (part), 1978)
Chapter 11.12
MALICIOUS PROSECUTION AND CRIMINAL CONTEMPT*
Sections:
11.12.010 Malicious prosecution.
(S)11.12.020 Unlawful reports.
* For the statutory provisions regarding the same subject, see RCW 9.62 and RCW 9.23.
11.12.010 Malicious prosecution.
Every person who maliciously and without probable cause therefor causes or attempts to cause another to be arrested or proceeded against for any crime of which he is innocent is guilty of a misdemeanor. (Ord. 895 § 301, 1962)
(S)11.12.020 Unlawful reports.*
It is unlawful for any person to:
(1) Knowingly falsely report a crime to any police officer; or
(2) Initiate contact with a public servant and make a knowingly false statement to a public servant. (Ord. 2820 § 1, 1984)
*Serious crime (S); see Section 1.04.010.
Chapter 11.16A
DEFENSES
Sections:
11.16A.010 Definitions.
11.16A.020 Use of force—When lawful.
11.16A.060 Duress.
11.16A.070 Entrapment.
11.16A.080 Use of force on children—Actions presumed unreasonable.
11.16A.010
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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Definitions. |
9A.16.010 |
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Use of force—When lawful. |
9A.16.020 |
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11.16A.020(1) |
9A.16.020(1) |
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11.16A.020(3) |
9A.16.020(3) |
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11.16A.020(5) |
9A.16.020(5) |
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11.16A.060 Duress. |
9A.16.060 |
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11.16A.060(1) |
9A.16.060(1) |
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11.16A.060(3) |
9A.16.060(3) |
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11.16A.060(4) |
9A.16.060(4) |
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Entrapment. |
9A.16.070 |
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Use of force on children—Actions presumed unreasonable. |
9A.16.100 |
(Ord. 4209 § 1, 2009: Ord. 2375 § 4 (part), 1978)
Chapter 11.20
OFFENSES AGAINST PUBLIC MORALS*
Sections:
11.20.200 Definitions.
11.20.220 Lewd act.
11.20.225 Location of performers providing certain forms of entertainment and patrons restricted.
11.20.230 Lewd act—Exemptions.
11.20.235 Lewd act—Affirmative defenses.
11.20.240 Prostitution—Defined—Penalty.
11.20.245 Prostitution loitering.
11.20.250 Patronizing a prostitute.
11.20.260 Permitting prostitution.
11.20.270 Prostitution—Sex of parties immaterial—No defense.
11.20.280 Public display of sexually explicit material.
11.20.285 Urinating in public.
11.20.290 Body studios prohibited.
11.20.300 Facilitating offense.
* For the statutory provisions covering the same offenses, see RCW 9.68, Obscenity; RCW 9.47, Gambling; RCW 9.27.010, Disturbing Lawful Meeting; RCW 66.44.250, Drinking in a Public Conveyance; RCW 9.79.060, Pimping; and RCW 9.79.080, Indecent Exposure.
11.20.200 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
(1) “Body studio” means and includes any premises, other than a massage parlor, reducing salon, health spa or public bathhouse, upon which is furnished for a fee or charge or other like consideration, or upon which is offered to be furnished, the opportunity to paint, massage, feel, handle, or touch the unclothed body or any unclothed portion of the body of another person for the purpose of giving the other person sexual stimulation or gratification, or to be so painted, massaged, felt, handled, or touched by another person for the purpose of receiving sexual stimulation or gratification, or to observe, view or photograph any such activity and shall include any such premises which is advertised or represented in any manner whatsoever as a body painting studio, model studio, sensitivity awareness studio, or any expression or characterization which conveys the same or similar meaning and which leads to the reasonable belief that there will be furnished on such premises for a fee or charge or other like consideration, the opportunity to paint, massage, feel, handle or touch the unclothed body or an unclothed portion of the body of another person or to be so painted, massaged, felt, handled or touched by another person for the purpose of giving or receiving sexual stimulation or gratification, or to observe, view or photograph any such activity.
(2) “Exposed” means the state of being revealed, exhibited or otherwise rendered open to public view.
(3) “Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of theme, story or ideas, but excluding any dance such as, but not limited to, common barroom-type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interests, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political or scientific value.
(4) “Known prostitute or panderer” means a person who, within one year previous to the date of arrest for violation of Section 11.20.240 has within the knowledge of the arresting officer been convicted of an offense involving prostitution.
(5) “Lewd act” means public:
(A) Exposure of any portion of the human anus, genitals or pubic region; or
(B) Exposure of the female breasts lower than the upper edge of the areola; or
(C) Touching, caressing or fondling of the male or female genitals or female breast, whether clothed or naked; or
(D) Masturbation; or
(E) Sexual conduct as defined by subsection 9 of this section.
(6) “Person” means and includes natural persons of either sex, firms, corporations, and all associations of natural persons, whether acting by themselves or by an agent, servant, or employee.
(7) “Public” or “public display” means easily audible or visible from a public thoroughfare, or from property of others, or in a public place in a manner so obtrusive as to make it difficult for an unwilling observer, should one arrive, to avoid the observation.
(8) “Public place” means any place in which the general public has a right to be present, and any area open to public view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided. Also, public place is an entire area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(9) “Sexual contact” means:
(A) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
(B) Any penetration of the vagina or anus, however slight, by an object, when committed by one person on another; whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; or
(C) Any contact between persons involving the sex organs of one person and the mouth or anus of another, whether such persons are of the same or opposite sex; or
(D) Masturbation, manual or instrumental, of one person by another.
(10) “Sexually explicit material” means any pictorial or three-dimensional material depicting human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral or anal intercourse), direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display under this definition, such material shall be adjudged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this section.
(Ord. 3331 § 4 (part), 1992)
11.20.220 Lewd act.
Every person who intentionally performs any lewd act in a public place or in public is guilty of a gross misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.225 Location of performers providing certain forms of entertainment and patrons restricted.
(a) Every entertainer who shall appear in any public place while unclothed or with any portion of the crack of the buttocks, the genitals, pubic region or female breasts below the upper edge of the areola exposed, where such activity is lawful, shall confine himself or herself to a stage or other surface that is raised at least eighteen inches above the level of the floor upon which the closest patrons are seated or standing, and not closer than six feet from the nearest patron. Violation of this section is a gross misdemeanor.
(b) No person or patron who enters a public place wherein nude entertainment is permitted, as described in Section 11.20.225, shall go within six feet of the raised stage. Violation of this section is a gross misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.230 Lewd act—Exemptions.
The prohibitions set forth in Section 11.20.220 shall not apply to any:
(1) “Expressive dance” as defined in Section 11.20.200(3);
(2) Play, opera, musical, or other dramatic work;
(3) Class, seminar or lecture conducted for a scientific or educational purpose;
(4) Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities. (Ord. 3331 § 4 (part), 1992)
11.20.235 Lewd act—Affirmative defenses.
It is an affirmative defense to a prosecution for violation of Section 11.20.220 that the nudity or other public exposure, when considered in the context in which presented, provided actual literary, artistic, political or scientific value and was not provided for commercial or sexual exploitation or with an emphasis on an appeal to a prurient interest. (Ord. 3331 § 4 (part), 1992)
11.20.240 Prostitution—Defined—Penalty.
Every person who engages or agrees or offers to engage in sexual conduct as defined in Section 11.20.200(9) with another person in return for a fee is guilty of a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.245 Prostitution loitering.
(a) Every person who remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution is guilty of a misdemeanor.
(b) Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she:
(1) Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation; or
(2) Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or by making any other bodily gesture; or
(3) Is a known prostitute or panderer. (Ord. 3331 § 4 (part), 1992)
11.20.250 Patronizing a prostitute.
Every person who:
(1) Pursuant to a prior understanding, pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him/her; or
(2) Pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him/her; or
(3) Solicits or requests a known prostitute to engage in sexual conduct with him/her in return for a fee; is guilty of a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.260 Permitting prostitution.
A person is guilty of permitting prostitution if, having possession or control of premises which he or she knows are being used for prostitution purposes, he or she fails without lawful excuse to make reasonable effort to halt or abate such use. Violation of this section is a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.270 Prostitution—Sex of parties immaterial—No defense.
In any prosecution for prostitution or patronizing a prostitute, the sex of the parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial and is not a defense to the charge. (Ord. 3331 § 4 (part), 1992)
11.20.280 Public display of sexually explicit material.
(a) A person is guilty of displaying sexually explicit material if he knowingly places such material upon public display, or if he knowingly fails to take prompt action to remove a display from property in his possession after learning of its existence.
(b) Material is placed upon public display if it is placed on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that sexually explicit material is easily visible from a public thoroughfare or from the property of others.
(c) Public display of sexually explicit material is a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.285 Urinating in public.
A person is guilty of urinating in public if he intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. Violation of this section is a misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.290 Body studios prohibited.
It is unlawful for any person to operate, conduct or maintain a body studio, or to knowingly participate in any business or conduct related thereto on the premises of a body studio, or to knowingly be employed on such premises. Violation of this section is a gross misdemeanor. (Ord. 3331 § 4 (part), 1992)
11.20.300 Facilitating offense.
It is unlawful for the owner, lessee, manager, operator or other person in charge of any public place to knowingly permit, encourage or cause to be committed, whether by commission or omission, any offense prohibited by this chapter upon the premises. Violation of this section is a misdemeanor. (Ord. 3331 § 4 (part), 1992)
Chapter 11.20A
CLASSIFICATION OF CRIMES
Sections:
11.20A.030 Alternative to a fine—Restitution.
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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Alternative to a fine —Restitution. |
9A.20.030 |
(Ord. 2375 § 4 (part), 1978)
Chapter 11.23
CONTEMPT
Sections:
(S)11.23.010 Criminal contempt.
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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Criminal contempt.* |
9.23.010 |
(Ord. 2375 § 5 (part), 1978)
* Serious crime (S); see Section 1.04.010.
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 Procedures for enforcement against public nuisances on private property.
11.24.070 Repealed.
11.24.080 Repealed.
11.24.090 Public nuisance—Criminal offense.
11.24.100 Remedies—Cumulative—Not exclusive.
11.24.010 Definitions.
(a) “Costs” means, but is not limited to, contract expense and city employee labor expense incurred in abating a nuisance, a rental fee for city equipment used in abatement, costs of storage, disposal or destruction, legal expenses and attorneys’ fees associated with civil judicial enforcement of abatement orders or in seeking abatement orders, and any other costs incurred by the city excluding, however, fees and expenses associated with appeals authorized by this chapter or by state law.
(b) “Director” means Kirkland’s director of planning and community development, the chief of police or either of their designees.
(c) “Graffiti” means unauthorized markings, visible from premises open to the public, that have been placed upon any property through the use of paint, ink, dye or any other substance capable of marking property.
(d) “Responsible parties” means, as applicable, the owners of the property constituting the nuisance, the owners of the property upon which the nuisance is occurring and any other persons, corporations or other entities responsible for creating, allowing, maintaining or continuing the nuisance. (Ord. 3881 § 1, 2003: Ord. 3746 § 1 (part), 2000)
11.24.020 Public nuisance defined.
Every act done, every omission to perform a duty and any property allowed to remain in place which unreasonably:
(1) Annoys, injures or endangers the health, welfare, safety, comfort or repose of members of the public in any manner, including but not limited to:
(a) Depositing or disposing of any garbage, waste, litter, or other offensive material in any public park, street, alley, highway or other private or public area within the city;
(b) Performing any trade, employment, or manufacture in the city which results in offensive odors, hazardous wastes, or other annoyances and which annoys, injures or is offensive or detrimental to the health, welfare or safety of employees or to members of the public;
(c) Burning any material so as to cause or permit the smoke, ashes, soot, or gases arising from such burning to become discomforting or annoying, or to injure or endanger the health, welfare or safety of any person or neighborhood;
(d) Maintaining or using any building, house, room, or other structure or vehicle for the purpose of lewd acts or prostitution as defined in Chapter 11.20;
(e) Maintaining or using any house, room, booth, or other structure as a place of resort where disorderly persons are allowed to congregate, or in which drunkenness is carried on or permitted;
(f) Beginning, maintaining, permitting or abandoning any excavation which is detrimental to the health, welfare or safety of the public;
(g) Storing, maintaining, or using, in or upon any public or private place in the city so as to be offensive or injurious to the health, welfare or safety of the public, or unpleasant or disagreeable to the adjacent residences or persons, any unsound, putrid or unwholesome substance; any structure, drain, sewer or septic tank; or any noxious, offensive, hazardous or otherwise dangerous chemicals or substances;
(h) Maintaining or operating premises, buildings and vehicles whereon or wherein intoxicating liquor is manufactured, sold, furnished, or consumed, in violation of the laws of the state or the ordinances of the city;
(i) Permitting or maintaining vacant, unused or unoccupied buildings and structures within the city in a manner detrimental to the health, welfare or safety of the public;
(j) Discarding, abandoning or leaving in any place accessible to children any refrigerator, icebox or deep-freeze locker having a capacity of one and one-half cubic feet or more, or any other container manufactured, custom-made or homemade, designed for storage, which has not had the door or latching mechanism removed to prevent the latching or locking of the door;
(k) Placing or maintaining any sign, poster or other advertising matter of any nature upon a telephone or other poles, trees, sidewalks, streets, signs, traffic signs or other traffic-control devices or other structures or places within streets, alleys or other public places or rights-of-way;
(l) Maintaining buildings, vehicles or other structures, or any parts thereof, wherein any gambling, as defined by RCW 9.46.020, may be found, and any gambling device, as defined by RCW 9.46.020, may be found, except as licensed and within the scope of the license required under state or city law;
(m) Permitting irrigation or other water to run by or on any street, alley or other public place so as to cause settling or damage to the street, alley or other public place, or to cause annoyance, damage or hazard to any user of the street, alley or other public place; or
(n) Writing graffiti or allowing graffiti to remain in place;
(2) Offends public decency; or
(3) Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a public park, street, alley, highway, or other public area, shall constitute a public nuisance. Where the meaning of any of the foregoing terms is not obvious, they shall have that meaning as provided under the common law. (Ord. 3881 § 2, 2003: Ord. 3746 § 1 (part), 2000)
11.24.030 Violation of city or state law—Found to be in violation of federal law.
(a) Any business within the city that is operated either in violation of city or state law or has been found to be in violation of federal law is declared to be a public nuisance.
(b) Any act, omission, or property which includes, causes, or involves one or more violations of any city ordinance adopted to further the public interest in protecting, maintaining, or restoring the physical and natural environment is declared to be a public nuisance. (Ord. 3746 § 1 (part), 2000)
11.24.040 Determination of public nuisance by director.
The director shall determine whether the act, omission or property complained of, or otherwise discovered, constitutes a public nuisance. Standards developed by the director for making these determinations shall be consistently applied. (Ord. 3746 § 1 (part), 2000)
11.24.050 Administrative abatement of nuisance on public property authorized—Procedure.
(a) A public nuisance found upon a right-of-way, public easement or other public property shall be abated summarily by the director by removal and disposal or destruction at the director’s discretion.
(b) Private property removed and not disposed or destroyed may be held by the city or its designee for thirty days from the date removed. Thereafter, if the property is unclaimed, the property may be sold by auction and the proceeds from the sale may be retained by the city. The owner of the property may claim the property until sold by paying all costs incurred by the city and designee in removing and holding the property. (Ord. 3746 § 1 (part), 2000)
11.24.060 Procedures for enforcement against public nuisances on private property.
In addition to the remedies provided for in this chapter and remedies that may otherwise be available at law, any public nuisance on private property may be enforced against pursuant to the provisions of Chapter 1.12. (Ord. 4280 § 2, 2011)
11.24.070 Abatement by city—Safeguards.
Repealed by Ord. 4280. (Ord. 3746 § 1 (part), 2000)
11.24.080 Abatement—Cost—Collection.
Repealed by Ord. 4280. (Ord. 3746 § 1 (part), 2000)
11.24.090 Public nuisance—Criminal offense.
(a) Any person who creates, causes, allows, maintains, or continues a public nuisance is guilty of a gross misdemeanor.
(b) Additionally, any person(s) subject to a final order of abatement who fails to abate the nuisance as provided in a final order of abatement shall be guilty of a gross misdemeanor, and each day the nuisance is maintained shall be a separate offense.
(c) In addition to such other penalties as may be imposed, a court entering a judgment of guilty under subsection (a) or (b) of this section may order as a condition of sentence: (1) the abatement of the public nuisance on such terms and conditions as may be just and equitable; and (2) the reimbursement of the city for any abatement costs as defined in this chapter.
(d) For purposes of subsection (b) of this section, a “final order” means an order of abatement that was not appealed or an order of abatement affirmed on appeal and from which affirmance no further appeal is or could be taken. (Ord. 3746 § 1 (part), 2000)
11.24.100 Remedies—Cumulative—Not exclusive.
The remedies provided in this chapter, including but not limited to fines, recovery of costs and criminal prosecution, are not exclusive and the city retains the right to pursue all other rights or remedies that might be available. Further, the remedies provided in this chapter, and any other rights or remedies available, are cumulative and any or all may be pursued concurrently or at any separate time. (Ord. 3746 § 1 (part), 2000)
Chapter 11.28A
ANTICIPATORY OFFENSES
Sections:
11.28A.020 Criminal attempt.
11.28A.030 Criminal solicitation.
11.28A.040 Criminal conspiracy.
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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11.28A.020(1) |
Criminal attempt. |
9A.28.020(1) |
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11.28A.020(2) |
9A.28.020(2) |
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11.28A.030(1) |
Criminal solicitation. |
9A.28.030(1) |
|
11.28A.040(1) |
Criminal conspiracy. |
9A.28.040(1) |
|
11.28A.040(2) |
9A.28.040(2) |
(Ord. 2375 § 4 (part), 1978)
11.28A.020
Chapter 11.36
CRIMES AGAINST PROPERTY*
Sections:
11.36.020 Repealed.
11.36.050 Frauds on innkeeper.
11.36.060 False weights and measures.
11.36.130 Peace officer defined.
(S)11.36.140 Conversion of rental property.
(S)11.36.150 Failure to return rental property.
* For the statutory provisions covering the same offenses, see RCW 9.54, Larceny; RCW 9.45.040, Fraud on Innkeeper; RCW 9.45.120, Using False Weights and Measures; RCW 9.61, Malicious Mischief; and RCW 9.78, Shoplifting. Abandoned vehicles— See Chapter 11.76 of this title.
11.36.020 Taking motor vehicle without permission.
Repealed by Ord. 3490. (Ord. 895 § 902, 1962)
11.36.050 Frauds on innkeeper.
Every person who obtains any food, lodging or accommodation at any hotel, restaurant, boardinghouse or lodging house without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at a hotel, restaurant, boardinghouse or lodging house by color or aid of any false pretenses, representation, token or writing, or who after obtaining board, lodging or accommodation at a hotel, restaurant, boardinghouse or lodging house absconds or surreptitiously removes his baggage therefrom without paying for such food, lodging or accommodation, is guilty of a misdemeanor. (Ord. 895 § 905, 1962)
11.36.060 False weights and measures.
Every person who injures or defrauds another by using, with knowledge that the same is false, a false weight, measure or other apparatus for determining the quantity of any commodity or article of merchandise, or by knowingly misrepresenting the quantity thereof bought or sold; or who retains in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it or permit it to be used or placed in violation of the foregoing provisions of this section, is guilty of a misdemeanor. (Ord. 895 § 906, 1962)
11.36.130 Peace officer defined.
For the purposes of Sections 11.36.100 through 11.36.120 inclusive, “peace officer” means a duly appointed city, county or state law enforcement officer. (Ord. 1016 § 1 (part), 1966: Ord. 895 § 913, 1962)
(S)11.36.140 Conversion of rental property.*
RCW 9.45.060 is adopted by reference. (Ord. 2976 § 1 (part), 1986)
* Serious crime (S); see Section 1.04.010.
(S)11.36.150 Failure to return rental property.*
RCW 9.45.062 is adopted by reference. (Ord. 2976 § 1 (part), 1986)
* Serious crime (S); see Section 1.04.010.
Chapter 11.36A
ASSAULT, OTHER CRIMES INVOLVING PHYSICAL HARM AND DOMESTIC VIOLENCE
Sections:
Article I. Assault and Other Crimes
(S)11.36A.040 Assault.
(S)11.36A.050 Reckless endangerment.
(S)11.36A.070 Coercion.
11.36A.080 Assault defined.
Article II. Domestic Violence
11.36A.110 Purpose.
11.36A.120 Definitions.
11.36A.130 Police officers—Duties.
(S)11.36A.140 Court—Duties.
11.36A.145 Defendant—Appearances by.
(S)11.36A.150 Sentencing—No contact order.
11.36A.155 No contact order—Enforcement.
11.36A.160 Victim—Notification of prosecution decision.
11.36A.170 Police officers—Liability.
11.36A.180 Copy of state statute on file.
(S)11.36A.210 Violation of order for protection.
11.36A.220 Any proceeding is additional remedy.
11.36A.230 Liability for arrest.
(S)11.36A.240 Violation of restraining order
11.36A.250 Violation of anti-harassment order.
11.36A.260 Interfering with the reporting of domestic violence.
(S)11.36A.270 Harassment.
Article I. Assault and Other Crimes
(S)11.36A.040
Assault.
It is unlawful for any person to assault another person. (Ord. 3081 § 2, 1988)
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
Reckless endangerment. |
9A.36.050(1) |
|
|
*(S)11.36A.070(1) |
Coercion. |
9A.36.070(1) |
(Ord. 3081 § 1, 1988; Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010
11.36A.080 Assault defined.
An assault is an act, with unlawful force, done with intent to inflict bodily injury upon another, tending but failing to accomplish it, and accompanied with the apparent present ability to inflict the bodily injury if not prevented. It is not necessary that bodily injury be inflicted but it is sufficient if an apprehension and fear of bodily injury is created in another.
An assault is also an intentional touching or striking or cutting or shooting of the person or body of another, with unlawful force, regardless of whether any actual physical harm is done to the other person.
An assault is also an intentional act, with unlawful force, which creates in another a reasonable apprehension and fear of bodily injury even though the actor did not actually intend to inflict bodily injury. (Ord. 4209 § 2, 2009: Ord. 2597 § 1, 1981: Ord. 2375 § 7 (part), 1978)
Article II. Domestic Violence
11.36A.110 Purpose.
RCW 10.99.010 is adopted by reference. (Ord. 2754 § 1 (part), 1983)
11.36A.120 Definitions.
RCW 10.99.020 is adopted by reference. For purposes of this chapter, “peace officer” includes a Kirkland police officer, “law enforcement agency” includes the Kirkland police department, “public attorney” means the person or persons, attorney or attorneys who have been designated by the Kirkland city manager to provide legal services pursuant to Section 3.16.040, and “legislature” shall include the city council. (Ord. 2754 § 1 (part), 1983)
11.36A.130 Police officers—Duties.
RCW 10.99.030 is adopted by reference. (Ord. 2754 § 1 (part), 1983)
(S)11.36A.140
Court—Duties.*
RCW 10.99.040, as amended by Section 22, Chapter 263, Laws of 1984, is adopted by reference. The written order provided for in RCW 10.99.040(2) shall bear the legend: Violation of this order is a criminal offense under KMC 11.36A.140, and will subject a violator to arrest. (Ord. 2820 § 2, 1984: Ord. 2768 § 3, 1983: Ord. 2754 § 1 (part), 1983)
* Serious crime (S); see Section 1.04.010.
11.36A.145 Defendant—Appearances by.
RCW 10.99.045 is adopted by reference, as amended by Section 8, Chapter 232, Laws of 1983. (Ord. 2768 § 4, 1983: Ord. 2754 § 1 (part), 1983)
(S)11.36A.150
Sentencing—No contact order.*
RCW 10.99.050 is adopted by reference; provided, that wilful violation of a court order issued under this section is a serious crime. The written order provided for in RCW 10.99.050 shall bear the legend: Violation of this order is a criminal offense under Kirkland Municipal Code Section 11.36A.150. (Ord. 2768 § 5, 1983: Ord. 2754 § 1 (part), 1983)
* Serious crime (S); see Section 1.04.010.
11.36A.155 No contact order—Enforcement.
RCW 10.99.055 is adopted by reference, as amended by Section 9, Chapter 232, Laws of 1983. (Ord. 2768 § 6, 1983: Ord. 2754 § 1 (part), 1983)
11.36A.160 Victim—Notification of prosecution decision.
RCW 10.99.060 is adopted by reference. (Ord. 2754 § 1 (part), 1983)
11.36A.170 Police officers—Liability.
RCW 10.99.070 is adopted by reference. (Ord. 2754 § 1 (part), 1983)
11.36A.180 Copy of state statute on file.
The city clerk shall maintain at all times as a public record of the city not less than one copy of RCW Chapter 10.99 for use by city officials and the general public. (Ord. 3573 § 61, 1997: Ord. 2754 § 2, 1983)
(S)11.36A.210
Violation of order for protection.*
Section 12, Chapter 263, Laws of 1984 is adopted by reference. (Ord. 2820 § 3 (part), 1984)
* Serious crime (S); see Section 1.04.010.
11.36A.220 Any proceeding is additional remedy.
Section 16, Chapter 263, Laws of 1984 is adopted by reference. (Ord. 2820 § 3 (part), 1984)
11.36A.230 Liability for arrest.
Section 17, Chapter 263, Laws of 1984 is adopted by reference. (Ord. 2820 § 3 (part), 1984)
(S)11.36A.240
Violation of restraining order.*
RCW 26.09.300 is adopted by reference. (Ord. 3204 § 1, 1990)
* Serious crime (S); see Section 1.04.010.
11.36A.250 Violation of anti-harassment order.
RCW 10.14.170 is adopted by reference. (Ord. 3373 § 1, 1993)
11.36A.260 Interfering with the reporting of domestic violence.
RCW 9A.36.150 is adopted by reference as part of this code. (Ord. 3633 § 1, 1998)
(S)11.36A.270
Harassment.*
RCW 9A.46.020 is adopted by reference. (Ord. 3679 § 1, 1999)
* Serious crime (S); see Section 1.04.010.
Chapter 11.40A
CUSTODIAL INTERFERENCE
Sections:
11.40A.050 Custodial interference.
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
11.40A.050(1) |
Custodial interference |
9A.40.070 |
(Ord. 2375 § 4 (part), 1978)
11.40A.050
Chapter 11.41
FIREARMS AND WEAPONS*
Sections:
11.41.010 Definitions.
(S)11.41.020 Carrying firearms.
(S)11.41.030 False information.
11.41.040 Exception to concealed weapon restriction.
(S)11.41.050 Unlawful use of weapons—Exceptions.
(S)11.41.055 Dangerous weapons.
11.41.060 Weapons banned in certain places.
(S)11.41.065 Weapons prohibited in court building.
11.41.070 Confiscation of firearms.
11.41.075 Disposition of confiscated and forfeited firearms.
11.41.080 Noncitizens—License required.
11.41.090 Delivery to minors and others forbidden.
11.41.100 Use of firearms by minor.
(S)11.41.110 Loaded firearms in vehicles.
(S)11.41.120 Aiming or discharging firearms.
11.41.125 Discharging firearms in city.
(S)11.41.130 Possession of firearms by prohibited persons unlawful.
(S)11.41.135 Alteration of identifying marks—Exceptions.
11.41.140 Air gun defined.
11.41.150 Possession of air guns.
11.41.160 Exceptions.
11.41.170 Penalty for violations of air gun regulations.
* For the statutory provisions regarding firearms in general, see RCW 9.41.
11.41.010 Definitions.
(a) “Firearm,” as used in this chapter, means a weapon or device from which a projectile may be fired by an explosive such as gun powder or other chemical combustion.
(b) “Short firearm” or “pistol,” as used in this chapter, means any firearm with a barrel less than twelve inches in length, excluding pistols and revolvers manufactured prior to 1898 which are held as collector’s items. (Ord. 2768 § 2 (part), 1983)
(S)11.41.020
Carrying firearms.*
RCW 9.41.050 is adopted by reference as part of this code. (Ord. 3619 § 2, 1998)
* Serious crime (S); see Section 1.04.010.
(S)11.41.030
False information.*
RCW 9.41.130 is adopted by reference. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
11.41.040 Exception to concealed weapon restriction.
RCW 9.41.060 is adopted by reference, provided that it shall operate as an exception to Section 11.41.020 of this code. (Ord. 2768 § 2 (part), 1983)
(S)11.41.050
Unlawful use of weapons—Exceptions.*
RCW 9.41.270(1) and (3) are adopted by reference, provided that violation of subsection (1) of that section shall be a serious crime. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
(S)11.41.055
Dangerous weapons.
(a) Every person who manufactures, sells or disposes of or has in his possession any instrument, martial arts weapon or other weapon of the kind usually known as blackjack, slingshot, nunchaku, throwing star, sand club or metal knuckles or spring blade knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens or falls or is ejected into position by the force of gravity, or by an outward, downward or centrifugal thrust or movement; who shall furtively carry with intent to conceal any dagger, dirk, pistol or other dangerous weapon; or who uses any contrivance or device for suppressing the noise of any firearm, is guilty of a serious crime.
(b) Subsection (a) of this section shall not apply to any of the following:
(1) The possession of a nunchaku, throwing star or other martial arts weapon on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense;
(2) The manufacture of a nunchaku, throwing star or other martial arts weapon for sale to, or the sale of a nunchaku, throwing star or other martial arts weapon to, a school which holds a regulatory or business license and teaches the arts of self-defense.
(c) “Nunchaku” means any device consisting of two or more lengths of wood, metal, plastic or similar substance connected with wire, rope or other means.
(d) “Throwing star” means any device which is a multipointed, metal object designed to embed upon impact. (Ord. 3232 § 1, 1990)
11.41.060 Weapons banned in certain places.
Notwithstanding Section 11.41.020, it is unlawful for any person to possess a firearm in any place where intoxicating liquor is sold for consumption on the premises, in public parks, on public or private school grounds, in the Kirkland City Hall, or in the Kirkland Police Department, except the public entrance area thereto; provided that RCW 9.41.270 (3) is adopted as exception to this section. (Ord. 2768 § 2 (part), 1983)
(S)11.41.065
Weapons prohibited in court building.*
RCW 9.41.300(1)(b) is adopted by reference as part of this code. (Ord. 3619 § 3, 1998)
* Serious crime (S); see Section 1.04.010.
11.41.070 Confiscation of firearms.
A Kirkland police officer shall have the authority granted in subsection (4) of Section 6, Chapter 232, Laws of 1983, under the circumstances set forth in subsection (1) of Section 6, Chapter 232, Laws of 1983 or Section 11.41.060 of this code. (Ord. 2768 § 2 (part), 1983)
11.41.075 Disposition of confiscated and forfeited firearms.
(a) All firearms taken into the custody of the Kirkland police department prior to July 1, 1993, shall be disposed of by the Kirkland police department as authorized by RCW 9.41.098(2)(b).
(b) Firearms taken into the custody of the Kirkland police department after July 1, 1993, shall be disposed of as follows:
(1) Firearms illegal for any person to possess shall be destroyed.
(2) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.
(3) The Kirkland police department may retain a maximum of ten percent of legal forfeited firearms for agency use.
(4) All other firearms that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010 shall be destroyed. (Ord. 3499 § 1, 1995)
11.41.080 Noncitizens—License required.
RCW 9.41.170 is adopted by reference, provided that RCW 9.41.270(3) is adopted as exception to this section. (Ord. 2768 § 2 (part), 1983)
11.41.090 Delivery to minors and others forbidden.
RCW 9.41.080 is adopted by reference. (Ord. 2768 § 2 (part), 1983)
11.41.100 Use of firearms by minor.
RCW 9.41.240 is adopted by reference. (Ord. 2768 § 2 (part), 1983)
(S)11.41.110
Loaded firearms in vehicles.*
RCW 77.16.250 is adopted by reference. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
(S)11.41.120
Aiming or discharging firearms.*
It is unlawful for any person to aim any pistol or other firearm, whether loaded or not, at or towards any human being, without lawful authority, or to wilfully discharge any firearm or other weapon, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, without lawful authority. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
11.41.125 Discharging firearms in city.
Any person who shall fire off or discharge any gun, pistol or firearm of any kind within the city limits, without lawful authority, under circumstances not amounting to a violation of Section 11.41.120, shall be guilty of discharging firearms in the city. (Ord. 2768 § 2 (part), 1983)
(S)11.41.130
Possession of firearms by prohibited persons unlawful.*
It is unlawful for any person prohibited from possessing a firearm (as therein defined) under Title VII of the “Omnibus Crime Control and Safe Streets Act of 1968,” as amended by Title III of the “Gun Control Act of 1968” (Section 1201 through 1203 inclusive), to possess such a firearm within the corporate limits of the city. (Ord. 2768 § 2 (part), 1983)
* Serious crime (S); see Section 1.04.010.
(S)11.41.135
Alteration of identifying marks—Exceptions.
RCW 9.41.140 is adopted by reference as part of this code. (Ord. 3619 § 4, 1998)
* Serious crime (S); see Section 1.04.010.
11.41.140 Air gun defined.
As used in this chapter, “air gun” means and includes the following: air gun, air pistol, air rifle, BB gun and toy guns of any kind or nature when so designed, contrived, modified and used to propel, by compressed air, gas, electricity, or spring loaded plunger, any pellet, dart, hard-tipped arrow, bean, pea, BB (metal or plastic), paint ball, rock or other hard substance a distance of more than twenty-five feet with sufficient force to break windows or inflict injury upon persons or animals. (Ord. 4093 § 1, 2007: Ord. 2768 § 2 (part), 1983)
11.41.150 Possession of air guns.
(a) Except as hereinafter provided, it is unlawful:
(1) For any person under eighteen years of age to carry or shoot any air gun within the city when not in the presence of his parent or other adult in loco parentis and under the direction and control of such adult;
(2) For any parent or person in loco parentis to allow, give or permit the possession of any air gun, falling within the definition contained in Section 11.41.140, to any child under the age of eighteen years, except under the provisions of subsection (a)(1) of this section;
(3) For any person to point or shoot an air gun at any person or property of another, or to aim or discharge such weapons in the direction of the person or residence of another, while within such range as would make possible injury to the person or damage the property of another;
(4) For any person to point or shoot an air gun in the direction of, while within such range as to kill, injure, or disturb any nongame bird or harmless bird or songbird;
(5) For any merchant to sell or rent any air guns to minors under eighteen years of age, except when such minor is in the presence of his parent or other adult in charge of such child.
(b) Provided further, that the provisions of subsections (a)(3) and (4) of this section shall not prohibit the use of such weapons by a person over eighteen years of age, when such use is reasonably necessary and represents reasonable force in the protection of the person or property of the user or another. (Ord. 4093 § 2, 2007: Ord. 2768 § 2 (part), 1983)
11.41.160 Exceptions.
The provisions of Section 11.41.150(a)(1) and (2) shall not apply:
(1) When such minor is possessing or using such weapons on a gun range or game course operated or conducted by any school, educational institution or other regulated group, pursuant to rules and regulations provided by the chief of police or city ordinance and licensed by the city; or
(2) When such minor is carrying such weapon unloaded and otherwise properly dismantled, to and from such licensed or authorized course; or
(3) When confined to an area within the property of the parents of such minor which complies with the regulations relating to private practice or target ranges or game courses as promulgated by the chief of police. (Ord. 4093 § 3, 2007: Ord. 2768 § 2 (part), 1983)
11.41.170 Penalty for violations of air gun regulations.
Any person convicted of violation of the provisions of Sections 11.41.150 and 11.41.160 shall be punished as provided in Section 1.04.010 of this code, and the weapon so used in violation of the provisions hereof shall be confiscated by the court. (Ord. 2768 § 2 (part), 1983)
Chapter 11.44
MINORS*
Sections:
11.44.010 Proof of age.
11.44.020 Minors on moving trains.
11.44.030 Prohibited in taverns.
11.44.040 Unlawful to allow minor where intoxicants served.
11.44.050 Contributing to delinquency or dependency of minor.
11.44.055 Supplying tobacco to.
11.44.056 Possession of tobacco.
11.44.060 Liquor defined.
11.44.070 Consumption of liquor.
11.44.075 Minors publicly under influence of alcohol or drugs.
11.44.080 Supplying liquor to.
11.44.090 Liquor possession—Penalty for violation.
11.44.100 Violators under eighteen.
11.44.110 Number and gender.
11.44.120 Glue sniffing.
* For the statutory provisions regarding juvenile court law and procedure, see RCW Title 13; for the state provisions regarding glue sniffing, see Chapter 149 Laws of 1969 1st Ex. Sess.
11.44.010 Proof of age.
Any of the following officially issued forms of identification, if not visibly altered and if bearing thereon the cardholder’s signature, birth date, and photograph, shall be sufficient proof of age for the purposes of this chapter:
(1) A liquor control authority card of identification issued by any state of the United States or a province of Canada;
(2) A driver’s license, instruction permit, or identification card issued by any state of the United States or a province of Canada;
(3) A United States active duty military identification card;
(4) A passport from any nation admitted to the United Nations;
(5) A Merchant Marine identification card issued by the United States Coast Guard; or
(6) An “identicard” issued by the Washington State Department of Licensing pursuant to RCW 46.20.117. (Ord. 3313 § 2, 1992)
11.44.020 Minors on moving trains.
It is unlawful for any minor to get on or off, to get on or catch hold of, to run alongside of or in front of, or attempt to get on or catch hold of or alight from any railroad train, railroad engine, or railroad car in the city while the same is in motion. (Ord. 895 § 1102, 1962)
11.44.030 Prohibited in taverns.
Any person under the age of twenty-one years, who loiters in or about or is found to be in any tavern, is guilty of a misdemeanor. (Ord. 895 § 1103, 1962)
11.44.040 Unlawful to allow minor where intoxicants served.
Any person having charge of a public place in the city where intoxicating liquors are served who shall admit to or allow any minor to remain in the premises contrary to the laws of the state of Washington is guilty of a misdemeanor. (Ord. 895 § 1104, 1962)
11.44.050 Contributing to delinquency or dependency of minor.
In all cases where any child is dependent or delinquent under the terms of this chapter, the parent or parents, legal guardian, or persons having custody of such a child, or any other person who by any act or omission encourages, causes or contributes to the dependency or delinquency of such a child, is guilty of a misdemeanor. (Ord. 1062 § 1(c), 1966: Ord. 895 § 1105, 1962)
11.44.055 Supplying tobacco to.
It is unlawful for any person to sell, give, or otherwise supply or permit any agent or employee to sell, give or otherwise supply to any person (hereinafter referred to as “purchaser”) under the age of eighteen years, any cigar, cigarette, or tobacco in any form without first having requested and examined identification provided by the potential purchaser that positively established that said purchaser is not less than eighteen years old. In the event that the person or an agent or employee thereof fails to request and examine said identification and the purchaser was, in fact, less than eighteen years old at the time such failure occurs, such person, agent, or employee shall be deemed to have had no conclusive basis for determining that a tobacco product sale could lawfully be made to such purchaser. Any person who violates or fails to comply with the provisions herein is guilty of a gross misdemeanor. (Ord. 3313 § 1, 1992)
11.44.056 Possession of tobacco.
It is a civil infraction for any person under the age of eighteen to purchase or attempt to purchase, to possess, or to obtain or attempt to obtain cigarettes or tobacco products. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a Liquor Control Board, law enforcement, or local health department activity. The Kirkland municipal court shall have jurisdiction over a case brought under this section. A person found to have committed a violation of this section is subject to a monetary penalty, the maximum penalty and the default amount for which shall be fifty dollars, not including statutory assessments, or participation in up to four hours of community service, or both. The court may also require participation in a smoking cessation program. (Ord. 3644 § 1, 1998)
11.44.060 Liquor defined.
“Liquor” is defined in this chapter as “liquor” is currently defined in Chapter 66.04 RCW or as subsequently amended. (Ord. 3286 § 1, 1991: Ord. 895 § 1106, 1962)
11.44.070 Consumption of liquor.
It is unlawful for any person under the age of twenty-one years to acquire in any manner, consume, or have in his possession any liquor; provided, that the foregoing shall not apply in the case of liquor given or permitted to be given to such persons under the age of twenty-one years by his parents or guardian for beverage or medical purposes and which shall be consumed in the presence or premises of said parent or guardian, or administered to him by his physician or dentist for medicinal purposes. (Ord. 3286 § 2, 1991: Ord. 895 § 1107, 1962)
11.44.075 Minors publicly under influence of alcohol or drugs.
RCW 66.44.270(2)(b), (4), and (5) are adopted by reference. (Ord. 3380 § 1, 1993)
11.44.080 Supplying liquor to.
It is unlawful for any person to give or otherwise supply liquor to any person under the age of twenty-one years, or to permit any person under twenty-one years of age to consume intoxicating liquor on or in his premises, automobile, trailer or vehicle, or on or in any premises, automobile, trailer or vehicle, or on or in any premises, automobile, trailer or vehicle under his control, except as provided in Section 11.44.070 of this chapter. (Ord. 3286 § 3, 1991: Ord. 895 § 1108, 1962)
11.44.090 Liquor possession—Penalty for violation.
Any person who violates or fails to comply with any of the provisions of Sections 11.44.070 or 11.44.080, or who counsels, aids, or abets any such violation or failure to comply, is guilty of such violation and guilty of a misdemeanor. (Ord. 1062 § 1(d), 1966: Ord. 895 § 1109, 1962)
11.44.100 Violators under eighteen.
Any persons under the age of eighteen years, violating Sections 11.44.070 and 11.44.080 of this chapter, shall be cited to the Juvenile Court of the State of Washington for King County for investigation, and in the event that he is remanded to the city authorities by the judge of the Juvenile Court, he may be tried and punished as provided for in Section 11.44.090 of this chapter. (Ord. 895 § 1110, 1962)
11.44.110 Number and gender.
Whenever the singular is used in Sections 11.44.060 through 11.44.100 of this chapter, it includes the plural, and when the masculine is used, it includes the feminine. (Ord. 895 § 1111, 1962)
11.44.120 Glue sniffing.
It is unlawful for any person to intentionally smell or inhale the fumes from any glue, cement, or any other adhesive containing one or more of the following chemical compounds: acetone, acetate, benzine, butyl alcohol, ethyl alcohol, ethylene, dichloride, isopropyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or toluene, for the purpose of becoming intoxicated, inebriated, excited or stupefied; provided this section shall not be construed as applying to the inhalation of any anesthetic for medical or dental purposes. (Ord. 1160 § 1, 1968)
Chapter 11.45
FRAUDS AND SWINDLES
Sections:
(S)11.45.180 Fraud in operating coin box telephone or other receptacle.
(S)11.45.190 Penalty for manufacture or sale of slugs to be used for coin.
(S)11.45.240 Fraud in obtaining telephone or telegraph service
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
Fraud in operating coin box telephone or other receptacle.* |
9.45.180 |
|
|
Penalty for manufacture or sale of slugs to be used for coin.* |
9.45.190 |
|
|
Fraud in obtaining telephone or telegraph service.* |
9.45.240 |
|
(Ord. 2375 § 5 (part), 1978)
* Serious crime (S); see Section 1.04.010.
11.45.180
Chapter 11.48
PEDDLERS
(Repealed by Ord. 3505)
Chapter 11.48A
ARSON, RECKLESS BURNING AND MALICIOUS MISCHIEF
Sections:
11.48A.010 Definitions.
(S)11.48A.050 Reckless burning in the second degree.
11.48A.060 Defense.
(S)11.48A.090 Malicious mischief in the third degree.
11.48A.100 Physical damage defined.
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
11.48A.010(1) |
Definitions. |
9A.48.010(1) |
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Reckless burning in the second degree.* |
9A.48.050(1) |
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Defense. |
9A.48.060 |
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Malicious mischief in the third degree.* |
9A.48.090(1) |
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Physical damage defined. |
9A.48.100 |
(Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
11.48A.010
Chapter 11.52A
BURGLARY AND TRESPASS
Sections:
11.52A.010 Definitions.
(S)11.52A.060 Making or having burglary tools.
(S)11.52A.070 Criminal trespass in the first degree.
11.52A.080 Criminal trespass in the second degree.
11.52A.090 Criminal trespass—Defenses.
(S)11.52A.100 Vehicle prowling.
11.52A.110 Unlawful entry into motor vehicle.
11.52A.120 Making or having auto theft tools.
11.52A.010
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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11.52A.010(1) |
Definitions. |
9A.52.010 |
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Making or having burglary tools.* |
9A.52.060(1) |
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Criminal trespass in the first degree.* |
9A.52.070(1) |
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11.52A.080(1) |
Criminal trespass in the second degree. |
9A.52.080(1) |
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Criminal trespass—Defenses. |
9A.52.090 |
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Vehicle prowling.* |
9A.52.100(1) |
(Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010
11.52A.110 Unlawful entry into motor vehicle.
It shall be unlawful for any unauthorized person to enter and remain in a motor vehicle without the permission of the owner or person entitled to the possession thereof. (Ord. 2375 § 7 (part), 1978)
11.52A.120 Making or having auto theft tools.
(1) Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, slim jim, bit, nippers, or implement adapted, designed, or commonly used for the commission of auto prowl or auto theft under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of an auto theft, or knowing that the same is intended to be so used, shall be guilty of making or having auto theft tools.
(2) Making or having auto theft tools is a gross misdemeanor. (Ord. 3969 § 1, 2004)
Chapter 11.56A
11.56A.010
THEFT AND ROBBERY
Sections:
11.56A.010 Definitions.
11.56A.020 Theft—Definition, defense.
(S)11.56A.050 Theft in the third degree.
(S)11.56A.060 Unlawful issuance of checks or drafts.
11.56A.100 Theft and larceny equated.
11.56A.140 Possessing stolen property—Definition—Credit card—Presumption.
(S)11.56A.170 Possessing stolen property in the third degree.
(S)11.56A.180 Obscuring identity of a machine.
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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Definitions. |
9A.56.010 |
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Theft—Definition, defense. |
9A.56.020 |
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Theft in the third degree.* |
9A.56.050(1) |
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Unlawful issuance of checks or drafts.* (See text below) |
--- |
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Theft and larceny equated. |
9A.56.100 |
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Possessing stolen property— Definition—Credit card— Presumption. |
9A.56.140 |
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Possessing stolen property in the third degree.* |
9A.56.170(1) |
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Obscuring identity of a machine.* |
9A.56.180(1) |
(Ord. 2720, 1982; Ord. 2421 § 1, 1978; Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
(S)11.56A.060
Unlawful issuance of checks or drafts.*
(a) Any person who shall with intent to defraud, make or draw or utter or deliver to another person any check or draft on a bank or other depository for the payment of money, knowing at the time of such drawing or delivery that he has not sufficient funds in, or credit with said bank or other depository to meet said check or draft in full upon presentation, shall be guilty of unlawful issuance of bank check. The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such check or draft to another person without such fund or credit to meet the same shall be prima facie evidence of an intent to defraud.
(b) Any person who shall with intent to defraud, make or draw or utter or deliver to another person any check or draft on a bank or other depository for the payment of money and who issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check, and who fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty days of issuing said check or draft shall be guilty of unlawful issuance of a bank check.
(c) Unlawful issuance of a bank check in an amount of two hundred fifty dollars or less is a serious crime and shall be punished as follows:
(1) The court shall order the defendant to make full restitution;
(2) The defendant need not be imprisoned, but the court shall impose a minimum fine of five hundred dollars. Of the fine imposed, at least fifty dollars shall not be suspended or deferred. Upon conviction for a second offense within a twelve-month period, the court may suspend or defer only that portion of the fine which is in excess of five hundred dollars. (Ord. 2720, 1982; Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
11.56A.010
Chapter 11.60
FIREWORKS*
Sections:
11.60.010 Definitions.
11.60.020 Sale of fireworks unlawful.
11.60.030 Possession, use and discharge of fireworks unlawful.
11.60.040 Permit required to display fireworks.
11.60.050 Permit fees.
11.60.060 Issuance—Nontransferable—Voiding.
11.60.070 Application for public display permit.
11.60.080 Standards for public fireworks.
11.60.090 Use of fireworks in public parks and on public land.
11.60.100 Special effects for entertainment media.
11.60.110 Nonprohibited acts—Signal purposes, forest protection.
11.60.120 Construction.
11.60.130 Enforcement.
* This chapter becomes effective March 1, 1999. Prior to that date, the provisions of Chapter 11.60 KMC, derived from Ord. 2125 as amended, remain in effect.
11.60.010 Definitions.
The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall govern the construction of this chapter, when applicable. RCW 70.77.120 through and including RCW 70.77.230 as now stated or hereinafter amended, is adopted by this reference and a copy of such shall be kept on file in the office of the city clerk for public use and inspection. In addition, the following terms are defined:
(1) Dangerous Fireworks. Any fireworks not defined as a “common fireworks” under the provisions of RCW 70.77.136. (Ord. 3625 § 2 (part), 1998)
11.60.020 Sale of fireworks unlawful.
It is unlawful for any person, firm or corporation to sell any fireworks within the city; provided, that this prohibition does not apply to duly authorized public displays. (Ord. 3625 § 2 (part), 1998)
11.60.030 Possession, use and discharge of fireworks unlawful.
Except as authorized by state license and city permit granted pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.311(2) (use by group or individual for religious or other specific purpose on approved date and at an approved location), it is unlawful for any person, firm, or corporation to engage in the retail sale of, or to sell, possess, use, transfer, discharge or explode any fireworks of any kind within the city. (Ord. 3625 § 2 (part), 1998)
11.60.040 Permit required to display fireworks.
It is unlawful for any person, firm or corporation to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. (Ord. 3625 § 2 (part), 1998)
11.60.050 Permit fees.
The fee for a public display permit for the public display of fireworks shall be one hundred dollars, payable in advance. (Ord. 3625 § 2 (part), 1998)
11.60.060 Issuance—Nontransferable—Voiding.
Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. (Ord. 3625 § 2 (part), 1998)
11.60.070 Application for public display permit.
Applications for a permit to hold, conduct, or operate a public display of fireworks as defined under Chapter 70.77 RCW shall be made to the building official for a permit. Such a permit shall also require the approval of the fire chief or his/her duly appointed representative. Applications shall be made at least fourteen days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display and, in particular, shall hold a pyrotechnic operator license issued by the state of Washington as defined by Chapter 70.77 RCW and Chapter 212-17 WAC. (Ord. 3625 § 2 (part), 1998)
11.60.080 Standards for public fireworks.
All public fireworks displays shall conform to the following minimum standards and conditions:
(1) All public fireworks displays must be planned, organized, and discharged by a state-licensed pyrotechnician.
(2) A permit must be obtained from the city and approved by the fire chief or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his address, the name of the pyrotechnician and his address, the exact location, date and time of the proposed display, the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display.
(3) The applicant for a public display of fireworks permit shall include with the application evidence of a bond issued by an authorized surety or a certificate of public liability insurance. Such bond or certificate shall conform to the requirements set forth in RCW 70.77.285 and 70.77.355.
(4) A drawing shall be submitted with the application to the fire chief showing a plan view of the fireworks discharge site and the surrounding area within a five-hundred-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams, and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.
(5) When, in the discretion of the fire chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may, at the direction of the fire chief or designee, require that a Kirkland fire pumper and a minimum of three firefighters shall be on site thirty minutes prior to and after the conclusion of the display. All compensation for fire personnel and apparatus will be paid by the applicant in an amount calculated according to the Washington State Chiefs Association’s fee schedule and shall be designated to the Kirkland fire and life safety district.
(6) All combustible debris and trash shall be removed by the applicant from the area of discharge for a distance of three hundred feet in all directions.
(7) Applicant shall dispose of all unfired or “dud” fireworks in a safe manner.
(8) Applicant shall provide the fireworks discharge site a minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket.
(9) The permit may be immediately revoked at any time deemed necessary by the fire chief or designee due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from the display.
(10) Areas of public access shall be determined by the fire chief or designee and maintained by the applicant in an approved manner. (Ord. 3625 § 2 (part), 1998)
11.60.090 Use of fireworks in public parks and on public land.
It shall be unlawful for any person to discharge or possess any fireworks upon public land or in any public park owned by the city of Kirkland; provided, however, nothing herein shall be deemed to limit the authority of the city to allow event display of special fireworks under a permit issued in accordance with the provisions of this chapter. (Ord. 3625 § 2 (part), 1998)
11.60.100 Special effects for entertainment media.
This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city of Kirkland to purchase, possess, transport or use such fireworks. (Ord. 3625 § 2 (part), 1998)
11.60.110 Nonprohibited acts—Signal purposes, forest protection.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. 3625 § 2 (part), 1998)
11.60.120 Construction.
This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. 3625 § 2 (part), 1998)
11.60.130 Enforcement.
The fire chief, or designee, in coordination with the building official, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, he/she may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or designee, and/or to comply with any provisions of this code relating to temporary structures. (Ord. 3625 § 2 (part), 1998)
Chapter 11.60A
FRAUD
Sections:
11.60A.010 Definitions.
(S)11.60A.040 Criminal impersonation in the first degree.
11.60A.045 Criminal impersonation in the second degree.
(S)11.60A.050 False certification.
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Kirkland Municipal |
Section caption |
RCW Section adopted by reference |
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Definitions. |
9A.60.010 |
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Criminal impersonation in the first degree.* |
9A.60.040 |
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Criminal impersonation in the second degree. |
9A.60.045 |
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False certification.* |
9A.60.050(1) |
(Ord. 3949 § 1, 2004: Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
11.60A.010
Chapter 11.61
MENACING AND TELEPHONE HARASSING
Sections:
(S)11.61.030 Menacing.
11.61.040 Stalking.
11.61.045 Defense to stalking.
11.61.050 Prima facie evidence.
11.61.160 Threats to bomb or injure property.
11.61.170 Threats to bomb or injure property—Hoax no defense.
(S)11.61.230 Telephone calls to harass, intimidate, torment or embarrass.
(S)11.61.240 Telephone calls to harass, intimidate, torment or embarrass—Permitting telephone to be used.
11.61.250 Telephone calls to harass, intimidate, torment or embarrass—Offense—Where deemed committed.
(S)11.61.030 Menacing.*
It is unlawful for any person to menace another: (a) by physical action to intentionally cause or attempt to cause another person reasonably to fear imminent bodily injury or the commission of a criminal act upon their person, or upon property in their immediate possession; or (b) by a present threat to another person subsequent to a history of threats or violence between the person and such other person, to intentionally cause or attempt to cause such other person reasonably to fear serious bodily injury or death.
As used in this section: “physical action” means a bodily movement whether voluntary or involuntary or an action accompanied by words or threats but not words alone; “threat” means to communicate, directly or indirectly, the intent to cause bodily injury in the future to the person threatened or to any other person; “history of threats or violence” means one or more of the following: two or more threats; one or more assaults as defined in KMC 11.36A.080 or similar statute or ordinance; or one or more menacings; and “bodily injury” means physical pain, illness, or an impairment of physical condition. (Ord. 2989 § 1, 1986)
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Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
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Threats to bomb or injure property.* |
9.61.160 |
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Threats to bomb or injure property—Hoax no defense. |
9.61.170 |
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Telephone calls to harass, intimidate, torment or embarrass.* |
9.61.230 |
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Telephone calls to harass, intimidate, torment or embarrass—Permitting telephone to be used.* |
9.61.240 |
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Telephone calls to harass, intimidate, torment or embarrass—Offense—Where deemed committed. |
9.61.250 |
(Ord. 2375 § 5 (part), 1978)
* Serious crime (S); see Section 1.04.010
11.61.040 Stalking.
(a) It is unlawful for any person, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
(1) To intentionally and repeatedly follow another person to that person’s home, school, place of employment, business, or any other location, or follow the person while the person is in transit between locations; and
(2) The person being followed is intimidated, harassed or placed in fear that the perpetrator intends to injure the person or property of the person being followed or of another person. The feeling of fear, intimidation or harassment must be one that a reasonable person in the same situation would experience under all the circumstances; and
(3) The perpetrator either:
(A)Intends to frighten, intimidate or harass the person being followed; or
(B)Knows or reasonably should know that the person being followed is afraid, intimidated or harassed, even if the perpetrator did not intend to place the person in fear or intimidate or harass the person.
(b) Any person who violates or fails to comply with the provisions herein is guilty of a gross misdemeanor. (Ord. 3376 § 1, 1993)
11.61.045 Defense to stalking.
(a) It is not a defense to the crime of stalking under Section 11.61.040(3)(A) that the perpetrator was not given actual notice that the person being followed did not want the perpetrator to contact or follow the person; and
(b) It is not a defense to the crime of stalking under Section 11.61.040(3)(B) that the perpetrator did not intend to frighten, intimidate, or harass the person being followed.
(c) It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW. (Ord. 3376 § 2, 1993)
11.61.050 Prima facie evidence.
For purposes of Section 11.61.040, attempts to contact or follow a person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the alleged stalker intends to intimidate or harass the person. (Ord. 3376 § 3, 1993)
Chapter 11.64
LITTERING
Sections:
11.64.010 Title.
11.64.020 Definitions.
11.64.030 Litter in public places.
11.64.040 Placement of litter in receptacles to prevent scattering.
11.64.050 Sweeping litter into gutters prohibited.
11.64.060 Merchants’ duty to keep sidewalks litter-free.
11.64.070 Litter thrown by persons in vehicles.
11.64.080 Truck loads causing litter.
11.64.090 Litter in parks.
11.64.100 Litter in lakes and fountains.
11.64.110 Throwing or distributing handbills in public places.
11.64.120 Placing handbills on vehicles.
11.64.130 Depositing handbills on uninhabited or vacant premises.
11.64.140 Prohibiting distribution of handbills where properly posted.
11.64.150 Distributing handbills at inhabited private premises.
11.64.160 Dropping litter from aircraft.
11.64.170 Posting notices prohibited.
11.64.180 Litter on occupied private property.
11.64.190 Owner to maintain premises litter-free.
11.64.200 Litter on vacant lots.
11.64.210 Clearing of litter from open private property by city.
11.64.220 Litter receptacles and litter bags required.
11.64.010 Title.
This chapter shall be known and maybe cited as the “City of Kirkland Anti-Litter Ordinance.” (Ord. 760 § 1, 1959)
11.64.020 Definitions.
For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
(1) “Aircraft” is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word “aircraft” shall include helicopters and lighter-than-air dirigibles and balloons.
(2) “Authorized receptacle” is a litter storage and collection receptacle as authorized in the city of Kirkland.
(3) “Commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:
(A) Which advertises for sale any merchandise, product, commodity, or thing, or
(B) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales, or
(C) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of the city, or
(D) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
(4) “Garbage” is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
(5) “Litter” is “garbage,” “refuse,” and “rubbish” as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
(6) “Newspaper” is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
(7) “Noncommercial handbill” is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
(8) “Park” is a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.
(9) “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.
(10) “Private premises” is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
(11) “Public place” is any and all streets, parking areas, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
(12) “Refuse” is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
(13) “Rubbish” is nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.
(14) “Vehicle” is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 760 § 2, 1959)
11.64.030 Litter in public places.
No person shall throw or deposit litter in or upon any street, sidewalk, alley, or other public place within the city except in public receptacles or in authorized private receptacles for collection. (Ord. 760 § 3, 1959)
11.64.040 Placement of litter in receptacles to prevent scattering.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, alley, sidewalk, or other public place or upon private property. (Ord. 760 § 4, 1959)
11.64.050 Sweeping litter into gutters prohibited.
No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter at all times. (Ord. 760 § 5, 1959)
11.64.060 Merchants’ duty to keep sidewalks litter free.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 760 § 6, 1959)
11.64.070 Litter thrown by persons in vehicles.
No person while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city or upon private property. (Ord. 760 § 7, 1959)
11.64.080 Truck loads causing litter.
No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the city the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances or foreign matter of any kind. (Ord. 760 § 8, 1959)
11.64.090 Litter in parks.
No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (Ord. 760 § 9, 1959)
11.64.100 Litter in lakes and fountains.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city. (Ord. 760 § 10, 1959)
11.64.110 Throwing or distributing handbills in public places.
No persons shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it is not unlawful on any sidewalk, street, or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. 760 § 11, 1959)
11.64.120 Placing handbills on vehicles.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. Provided, however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 760 § 12, 1959)
11.64.130 Depositing handbills on uninhabited or vacant premises.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 760 § 13, 1959)
11.64.140 Prohibiting distribution of handbills where properly posted.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 760 § 14, 1959)
11.64.150 Distributing handbills at inhabited private premises.
(a) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
(b) Exemption for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 760 § 15, 1959)
11.64.160 Dropping litter from aircraft.
No person in any aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (Ord. 760 § 16, 1959)
11.64.170 Posting notices prohibited.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. 760 § 17, 1959)
11.64.180 Litter on occupied private property.
No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Ord. 760 § 18, 1959)
11.64.190 Owner to maintain premises litter-free.
The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Ord. 760 § 19, 1959)
11.64.200 Litter on vacant lots.
No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (Ord. 760 § 20, 1959)
11.64.210 Clearing of litter from open private property by city.
(a) Notice to Remove. The building inspector or city clerk is authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to the owner, at his last known address.
(b) Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within five days after receipt of written notice provided for in subsection (a) above, or within seven days after the date of such notice in the event the same is returned to the city Post Office Department because of its inability to make delivery thereof, provided same was properly addressed to the last known address of such owner or agent, the building inspector or city clerk is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the city. When the city has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent per year from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property and the charge shall be due and payable by the owner within ten days after presentation of such bill.
(c) Lien for Disposal Service. Where the full amount due the city is not paid by such owner within thirty days after the disposal of such litter, as provided for hereinabove, then in that case the city by and through its duly authorized officials shall cause to be recorded in the King County auditor’s office a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which the work was done, and the legal description of the property on which the work was done. The recordation of such sworn statement shall constitute a lien on the property and shall be foreclosed in the manner and within the time prescribed for liens for labor and material. The disposal service lien shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of it with the county auditor except the lien of general taxes and local improvement assessments whether levied prior or subsequent thereto. (Ord. 760 § 21, 1959)
11.64.220 Litter receptacles and litter bags required.
Litter receptacles shall be required in all public places as so designated requiring litter receptacles pursuant to RCW Chapter 70.93 (Model Litter Control Act) and the Department of Ecology Regulations adopted thereunder being WAC 173-310-030 “Responsibility to Procure and Place Litter Receptacle” and WAC 173-310-040 “Litter Receptacles Where Required.”
Litter bags shall be required in all motor vehicles and watercraft. (Ord. 2230 § 1, 1973)
Chapter 11.68
SOUND TRUCKS
Sections:
11.68.010 Definitions.
11.68.020 Registration statement—Use regulations.
11.68.030 Commercial and political advertising prohibited.
11.68.010 Definitions.
(a) “Person” as used herein includes the singular and plural and also means and includes any persons, firm, corporation, association, club, partnership, society or any other form of association or organization.
(b) “Sound amplifying equipment” as used herein means any machine or device for the amplification of the human voice, music, or any other sound. “Sound amplifying equipment” as used herein shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed, or warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic safety purposes.
(c) “Sound truck” as used herein means any motor vehicle, horse-drawn vehicle or other vehicle having mounted thereon, or attached thereto, any sound amplifying equipment. (Ord. 694 § 1, 1956)
11.68.020 Registration statement—Use regulations.
(a) Registration Statement. No person shall use, or cause to be used, a sound truck with its sound amplifying equipment or sound amplifying equipment in operation for noncommercial purposes in the city before filing a registration statement with the city clerk in writing. This registration statement shall be filed in duplicate and shall state the following:
(1) Name and home address of the applicant;
(2) Name and address of person who owns the sound truck;
(3) The purpose for which the sound truck will be used;
(4) The proposed hours of operation of the sound truck;
(5) The number of days of proposed operation of the sound truck;
(6) A general description of the sound amplifying equipment which is to be used.
(b) Registration Statement Amendment. All persons using or causing to be used, sound trucks for noncommercial purposes shall amend any registration statement filed pursuant to subsection (a) within forty-eight hours after any change in the information therein furnished.
(c) Registration and Identification. The city clerk shall return to each applicant under subsection (a), one copy of the registration statement duly certified by the city clerk as a correct copy of the application. The certified copy of the application shall be in the possession of any person operating the sound truck at all times while the sound truck’s sound amplifying equipment is in operation and the copy shall be promptly displayed and shown to any policeman of the city upon request.
(d) Regulations for Use. Noncommercial use of sound trucks or sound amplifying equipment in the city with sound amplifying equipment in operation shall be subject to the following regulations:
(1) Operations are permitted for four hours each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted four hours of operation shall be between the hours of eleven-thirty a.m. and one-thirty p.m. and between the hours of four-thirty p.m. and six-thirty p.m.;
(2) Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour except when the truck is stopped or impeded by traffic. Where stopped by traffic the sound amplifying equipment shall not be operated for longer than one minute at each such stop. Sound amplifying equipment must be operated by a person other than the driver of the sound truck while it is in motion;
(3) Sound shall not be issued within one hundred yards of hospitals, schools or churches;
(4) The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred feet from the sound truck or speaker and so that the volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility. (Ord. 694 § 2, 1956)
11.68.030 Commercial and political advertising prohibited.
No person shall operate, or cause to be operated, any sound truck or sound amplifying equipment for commercial sound advertising purposes or political advertising in the city with sound amplifying equipment in operation. (Ord. 694 § 3, 1956)
Chapter 11.69
OBSTRUCTING JUSTICE
Sections:
(S)11.69.100 Withholding knowledge of felony involving violence—Penalty.
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
Withholding knowledge of felony involving violence—Penalty.* |
9.69.100 |
(Ord. 2375 § 5 (part), 1978)
* Serious crime (S); see Section 1.04.010.
Chapter 11.72
UNFAIR HOUSING PRACTICES
Sections:
11.72.010 Definitions.
11.72.020 Prohibited.
11.72.030 Forbidden practices designated.
11.72.040 Exclusions.
11.72.050 Alternative enforcement procedures.
11.72.010 Definitions.
Definitions as used in this chapter, unless additional meaning clearly appears from the context, shall have the meanings subscribed:
(1) “Dwelling” includes any building containing one or more dwelling units;
(2) “Dwelling unit” includes a suite of rooms for occupancy by one family containing space for living, sleeping, and preparation of food, and containing toilet and bathing facilities;
(3) “Housing accommodations” shall include any dwelling, or dwelling unit, rooming unit, rooming house, lot or parcel of land in the city which is used, intended to be used, as, or improved with a residential structure for one or more human beings;
(4) “Lender” includes any bank, insurance company, savings or building and loan association, credit union, trust company, mortgage company, or other person engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair, or maintenance of a housing accommodation;
(5) “Occupant” includes any person who has established residence or has the right to occupancy in a housing accommodation;
(6) “Owners” include persons who own, lease, sublease, rent, operate, manage, have charge of, control, or have the right of ownership, possession, management, charge, or control of the housing accommodation, on their own behalf or on behalf of another;
(7) “Person” includes one or more individuals, partnerships, or other organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy, and receivers;
(8) “Person aggrieved” means any person against whom any alleged unfair housing practice has been committed;
(9) “Prospective borrower” includes any person who seeks to borrow money to finance the acquisition, construction, repair, or maintenance of a housing accommodation;
(10) “Prospective occupant” includes any person who seeks to purchase, lease, sublease or rent a housing accommodation;
(11) “Real estate broker” includes any person who for a fee, commission, or other valuable consideration, lists for sale, sells, purchases, exchanges, leases or subleases, rents, or negotiates or offers or attempts to negotiate the sale, purchase, exchange, lease, sublease or rental of a housing accommodation of another, or holds himself out as engaged in the business of selling, purchasing, exchanging, listing, leasing, subleasing, or renting a housing accommodation of another, or collects the rental for the use of a housing accommodation of another;
(12) “Real estate agent, salesman, or employee” includes any person employed by or associated with a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker;
(13) “Respondent” means any person who is alleged to have committed an unfair housing practice;
(14) “Rooming unit” includes one or more rooms within a dwelling unit or rooming house containing space for living and sleeping;
(15) “Unfair housing practice” means any act prohibited by this chapter. (Ord. 1144 § 1, 1968)
11.72.020 Prohibited.
Unfair housing practices as hereinafter defined in the sale and offering for sale and in the rental and offering for rent of housing accommodations are contrary to the public peace, health, safety and general welfare and are hereby prohibited by the city in the exercise of its police power. (Ord. 1144 § 2, 1968)
11.72.030 Forbidden practices designated.
(a) No owner, lessee, sublessee, assignee, real estate broker, real estate salesman, managing agent of, or other person having the right to sell, rent, lease, sublease, assign, transfer, or otherwise dispose of a housing accommodation shall refuse to sell, rent, lease, sublease, assign, transfer, or otherwise deny to, or withhold from any person or group of persons such housing accommodations, or segregate the use thereof, or represent that such housing accommodations are not available for inspection, when in fact they are so available, or expel or evict an occupant from a housing accommodation because of the sex, marital status, race, color, religion, ancestry or national origin, of such person or persons, or discriminate against or segregate any person because of his sex, marital status, race, color, religion, ancestry or national origin, in the terms, conditions, or privileges of the sale, rental, lease, sublease, assignment, transfer, or other disposition of any such housing accommodations or in the furnishing of facilities or services in connection therewith.
(b) A real estate broker, agent, salesman, or employee shall not, because of sex, marital status, race, color, religion, ancestry, or national origin of an occupant, purchaser, prospective occupant, or prospective purchaser:
(1) Refuse or intentionally fail to list or discriminate in listing a housing accommodation for sale, rent, lease or sublease;
(2) Refuse or intentionally fail to show to a prospective occupant the housing accommodation listed for sale, rental, lease, or sublease;
(3) Refuse or intentionally fail to accept and/or transmit to an owner any reasonable offer to purchase, lease, rent or sublease a housing accommodation;
(4) Otherwise discriminate against an occupant, prospective occupant, purchaser, or prospective purchaser of a housing accommodation.
(c) No person, bank, banking organization, mortgage company, insurance company, or other financial institution or lender, or any agent or employee thereof, to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, or maintenance of any housing accommodation shall:
(1) Discriminate against any person or group of persons because of sex, marital status, race, color, religion, ancestry, or national origin of such person or group of persons or of the prospective occupants or tenants of such real property in the granting, withholding, extending, modifying, or renewing, or in the rates, terms, conditions, or privileges of, any such financial assistance or in the extension of services in connection therewith; or
(2) Use any form of application for such financial assistance, or make any record of inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification, or discrimination on the ground of sex, marital status, race, color, religion, ancestry or national origin. (Ord. 2350 § 1, 1977: Ord. 2338 § 1, 1977: Ord. 1144 § 3, 1968)
11.72.040 Exclusions.
Nothing in this chapter shall:
(1) Apply to the renting, subrenting, leasing or subleasing of single family dwellings, wherein the owner or person entitled to possession thereof normally maintains, or intends to maintain his residence, home or abode;
(2) Be interpreted to prohibit any person from making a choice from among prospective purchasers or tenants of property on the basis of factors other than race, color, religion, ancestry or national origin. (Ord. 1144 § 4, 1968)
11.72.050 Alternative enforcement procedures.
(a) A statement alleging a violation of this chapter may be made by an aggrieved person. Such statement shall be in writing and signed by the charging party, shall be filed with the city council within ninety days after the alleged discriminatory act, and shall contain such particulars as the council, by regulation, may require. The council shall promptly furnish a copy of such statement to the party charged.
(b) The council shall cause to be made an investigation of all charges filed with it, proceeding in each case in such manner as it deems appropriate. If, after such inquiry and hearings as the council considers proper, the council determines that no probable cause exists to believe that an unfair housing practice has occurred, the charge shall be dismissed.
(c) If the council determines, after such investigation that probable cause exists to believe that an unfair housing practice has occurred, it shall endeavor to eliminate or remedy such violation by means of conciliation and persuasion.
(d) If, upon all the evidence, the council finds that the respondent has engaged in any unfair practice, it shall forward its file to the city manager for appropriate enforcement action, including prosecution for a violation of this chapter in the court having competent jurisdiction over violations of city ordinances.
(e) The council, in the performance of its functions, may enlist the aid of all of the departments of the city government, and all the departments are hereby directed to fully cooperate with the council.
(f) The council may adopt such rules and regulations as it deems necessary not inconsistent with the provisions of this chapter. (Ord. 1144 § 6, 1968)
Chapter 11.72A
PERJURY AND INTERFERENCE WITH OFFICIAL PROCEEDINGS
Sections:
11.72A.010 Definitions.
(S)11.72A.040 False swearing.
11.72A.050 Perjury and false swearing—Inconsistent statements.
11.72A.060 Perjury and false swearing—Retraction.
11.72A.070 Perjury and false swearing—Irregularities no defense.
11.72A.080 Statement of what one does not know to be true.
11.72A.140 Jury tampering.
(S)11.72A.150 Tampering with physical evidence.
|
Kirkland Municipal |
Section caption |
RCW Section adopted by reference |
|
Definitions. |
9A.72.010 |
|
|
False swearing.* |
9A.72.040(1) |
|
|
Perjury and false swearing—Inconsistent statements. |
9A.72.050 |
|
|
Perjury and false swearing—Retraction. |
9A.72.060 |
|
|
Perjury and false swearing—Irregularities no defense. |
9A.72.070 |
|
|
Statement of what one does not know to be true. |
9A.72.080 |
|
|
11.72A.140(1) |
Jury tampering. |
9A.72.140(1) |
|
(S)11.72A.150(1) |
Tampering with physical evidence. |
9A.72.150(1) |
(Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
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 Certification of vehicles as junk.
11.76.040 Exceptions.
11.76.050 Repealed.
11.76.060 Repealed.
11.76.070 Repealed.
11.76.080 Repealed.
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. 3749 § 2 (part), 2000)
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. 3749 § 2 (part), 2000)
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. 3749 § 2 (part), 2000)
11.76.030 Certification of vehicles as junk.
Whenever the director, or the director’s designee, determines that a vehicle, vehicles, or parts thereof are junk vehicles, a notice of civil citation 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 civil citation shall conform to the requirements of RCW 46.55.240(3) as it now exists or may subsequently be amended. Enforcement proceedings under this chapter shall be held in accordance with the provisions of Chapter 1.12; provided, that in the event of a conflict between the provisions of Chapter 1.12 and the provisions of RCW 46.55.240(3), the provisions of RCW 46.55.240(3) shall control. (Ord. 4280 § 3, 2011: Ord. 3749 § 2 (part), 2000)
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. 3749 § 2 (part), 2000)
11.76.050 Hearings.
Repealed by Ord. 4280. (Ord. 3749 § 2 (part), 2000)
11.76.060 Determination of responsibility.
Repealed by Ord. 4280. (Ord. 3749 § 2 (part), 2000)
11.76.070 Abatement and removal.
Repealed by Ord. 4280. (Ord. 3749 § 2 (part), 2000)
11.76.080 Costs of removal and disposal – Recovery.
Repealed by Ord. 4280. (Ord. 3749 § 2 (part), 2000)
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. 3749 § 2 (part), 2000)
Chapter 11.76A
OBSTRUCTING GOVERNMENTAL OPERATION
Sections:
11.76A.010 Definitions.
11.76A.020 Obstructing a public servant.
11.76A.030 Refusing to summon aid for a peace officer.
11.76A.040 Resisting arrest.
11.76A.050 Rendering criminal assistance—Definition of term.
11.76A.060 Relative defined.
11.76A.080 Rendering criminal assistance in the second degree.
11.76A.090 Rendering criminal assistance in the third degree.
11.76A.100 Compounding.
11.76A.130 Escape in the third degree.
11.76A.160 Introducing contraband in the third degree.
11.76A.170 Bail jumping.
(S)11.76A.175 Making a false or misleading statement to a police officer.
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Kirkland Municipal |
Section caption |
RCW Section adopted by reference |
|
Definitions. |
9A.76.010 |
|
|
Obstructing a public servant.* |
9A.76.020 |
|
|
Refusing to summon aid |
9A.76.030(1) |
|
|
Resisting arrest. |
9A.76.040(1) |
|
|
Rendering criminal assistance—Definition |
9A.76.050 |
|
|
Relative defined. |
9A.76.060 |
|
|
Rendering criminal assistance in the second degree.* |
9A.76.080(1) |
|
|
Rendering criminal assistance in the third degree.* |
9A.76.090(1) |
|
|
(S)11.76A.100(1) |
Compounding.* |
9A.76.100(1) |
|
Escape in the third degree.* |
9A.76.130(1) |
|
|
Introducing contraband |
9A.76.160(1) |
|
|
Bail jumping. |
9A.76.170(1) |
(Ord. 3678 § 2, 1999; Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
11.76A.010
(S)11.76A.175
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. 3678 § 1, 1999)
* Serious crime (S); see Section 1.04.010.
11.76A.010
Chapter 11.77
DRUGS AND CONTROLLED SUBSTANCES
Sections:
11.77.010 Adoption by reference of sections of state statute—Uniform Controlled Substances Act.
11.77.020 Penalties.
11.77.010 Adoption by reference of sections of state statute—Uniform Controlled Substances Act.
The following sections of Chapter 69.50 RCW relating to drugs and other controlled substances, defining crimes and prescribing penalties, as now in effect or as may hereafter be amended, are adopted by this reference:
|
RCW 69.50.100 |
RCW 69.50.302 |
RCW 69.50.404 |
|
RCW 69.50.102 |
RCW 69.50.306 |
RCW 69.50.405 |
|
RCW 69.50.201 |
RCW 69.50.307 |
RCW 69.50.407 |
|
RCW 69.50.202 |
RCW 69.50.308 |
RCW 69.50.412 |
|
RCW 69.50.204 |
RCW 69.50.309 |
RCW 69.50.505 |
|
RCW 69.50.206 |
RCW 69.50.401 |
RCW 69.50.506 |
|
RCW 69.50.208 |
RCW 69.50.4014 |
RCW 69.50.509 |
|
RCW 69.50.210 |
RCW 69.50.402 |
|
|
RCW 69.50.212 |
RCW 69.50.403 |
(Ord. 3949 § 2, 2004: Ord. 2704 § 1 (part), 1982)
11.77.020 Penalties.
The penalty for a violation of this chapter shall be the same as provided for under Chapter 69.50 RCW. For example, any person who is convicted of a violation under this chapter which comes within the scope of RCW 69.50.425, “Misdemeanor Violation,” shall be punished pursuant to RCW 69.50.425 as now in effect, or as RCW 69.50.425 may be subsequently amended or replaced. (Ord. 3685A § 2, 1999)
Chapter 11.80
PARK RULES
Sections:
11.80.010 Title of chapter—Applicability.
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.
11.80.170 Testing vehicles prohibited.
11.80.180 Permit for assemblies required.
11.80.190 Races prohibited.
11.80.200 Building fires.
(S)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.
11.80.240 Repealed.
11.80.250 Parks closed between ten p.m. or eleven p.m. and dawn.
11.80.260 Prohibited activities in designated boat launch area.
11.80.270 Waste from vehicles.
11.80.280 Dumping in water prohibited.
11.80.290 Interference with trails.
11.80.010 Title of chapter—Applicability.
This chapter may be cited as the park code of conduct for the city of Kirkland. The provisions of this chapter shall apply to all public parks, improved or unimproved, within the city, whether or not owned by the city. (Ord. 4304 § 1, 2011: Ord. 2120 § 1, 1970)
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. 2120 § 2, 1970)
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 park and recreation department of the city as established by Chapter 3.68.
(2) “Park” means and includes all public parks and all areas within the boundaries of a public 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. 4304 § 2, 2011: Ord. 4018 § 1, 2005: Ord. 2120 § 4, 1970)
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. 2120 § 5, 1970)
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. 2120 § 6, 1970)
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. 4304 § 3, 2011: Ord. 3998 § 4, 2005: Ord. 3835 § 1, 2002: Ord. 2120 § 7, 1970)
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 carry any firearm 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 park and recreation be developed and provided for such activities. (Ord. 2120 § 8, 1970)
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. 2120 § 9, 1970)
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. 3835 § 2, 2002: Ord. 2120 § 10, 1970)
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 park and recreation department therefor with the city. As used in this section, “business activity” shall include, but not be limited to, the following:
(a) Sale of food, beverages or merchandise;
(b) Providing classes or other forms of instruction for a fee or other valuable consideration; or
(c) Use of park facilities for advertising any business, product or service. (Ord. 4203 § 1, 2009: Ord. 4197 § 1, 2009: Ord. 3835 § 3, 2002: Ord. 2120 § 11, 1970)
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 waters within the limits of any park, or to land at any park, except at such places as shall be set apart for such purposes by the director and so designated by signs. (Ord. 4304 § 4, 2011: Ord. 2120 § 12, 1970)
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. 2120 § 13, 1970)
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. 2120 § 14, 1970)
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. 2120 § 15, 1970)
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 park and recreation and so designated by the director. (Ord. 2120 § 16, 1970)
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. 2120 § 17, 1970)
11.80.170 Testing vehicles prohibited.
It is unlawful to operate any motor vehicle or motorcycle for the purpose of testing it, or ascertaining its fitness for service, along or upon any park drive, parkway or park boulevard. (Ord. 2120 § 18, 1970)
11.80.180 Permit for assemblies required.
It is unlawful for any person to hold, sponsor, or participate in any organized assembly in a city park without first obtaining written permission to do so from the director. 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. Events in King County parks within the Kirkland city limits shall be permitted by the King County parks and recreation division, who shall consult with and obtain input from the city with respect to park events involving sound amplification or the consumption of alcohol. Events in O.O. Denny Park shall be permitted by the Finn Hill park and recreation district, who shall consult with and obtain input from the city with respect to park events involving sound amplification or the consumption of alcohol. (Ord. 4304 § 5, 2011: Ord. 2120 § 19, 1970)
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 insure 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. 2120 § 20, 1970)
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. 2120 § 21, 1970)
(S)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 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 park may be considered to be in possession of the container for the purposes of this section. It is also unlawful for a person to be in a park while in a state of intoxication. A person is exempt from this section to the extent that his/her actions are in accordance with a parks department special alcohol permit or a special use permit issued by the King County parks and recreation division or the Finn Hill park and recreation district. (Ord. 4304 § 6, 2011: Ord. 3882 § 1, 2003: Ord. 2533 § 1, 1980: Ord. 2120 § 22, 1970)
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. 2120 § 23, 1970)
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. 2120 § 24, 1970)
11.80.240 Dogs prohibited in waterfront parks.
Repealed by Ord. 3835. (Ord. 2449 § 1 (part), 1979)
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. 4008 § 1, 2005: Ord. 2957 § 1, 1986: Ord. 2546 § 1, 1981)
11.80.260 Prohibited activities in designated boat launch area.
No person shall swim, sunbathe or scuba dive in any designated boat launch area. (Ord. 4304 § 7, 2011)
11.80.270 Waste from vehicles.
No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle in any park within the city. (Ord. 4304 § 8, 2011)
11.80.280 Dumping in water prohibited.
No person shall pollute or in any way contaminate, by dumping or otherwise depositing any waste or refuse of any nature, kind or description, including human and bodily waste, into any stream, river, lake or other body of water running in, through, or adjacent to any park within the city. (Ord. 4304 § 9, 2011)
11.80.290 Interference with trails.
It shall be unlawful for any person to place, deposit or locate any structure, device, or natural or artificial thing that: (1) threatens or endangers any portion of a trail within a park within the city; (2) endangers persons traveling on a trail within a park within the city; or (3) obstructs or constitutes a hazard to persons traveling on a trail within a park within the city. (Ord. 4304 § 10, 2011)
Chapter 11.80A
ABUSE OF OFFICE
Sections:
11.80A.010 Official misconduct.
|
Kirkland |
Section caption |
RCW Section |
|
Official misconduct.* |
9A.80.010(1) |
(Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
11.80A.010
Chapter 11.84
INSPECTIONS AND SEARCH WARRANTS
Sections:
11.84.010 Enforcement—Entry and inspection.
11.84.020 Entry and inspection without permission of property owner.
11.84.030 Application for administrative inspection search warrant.
11.84.010 Enforcement—Entry and inspection.
Wherever the various regulatory and administrative ordinances of the city provide for entry and inspection of private property, including the interior of buildings and structures, such entry and inspection by the appropriate city official or inspector shall be accomplished only in accordance with the provisions of this chapter. (Ord. 2114 § 1, 1970)
11.84.020 Entry and inspection without permission of property owner.
No city official or inspector shall enter into private property for ordinance enforcement and inspection except:
(1) With the permission to do so, given by the owner or occupant thereof; or
(2) Where the area to be entered and inspected is open to the general public or a significant segment thereof (whether or not a charge is made by the owner/occupant for admission); or
(3) Where the entry and inspection is incident to the application, renewal or continuation of a license or permit issued by a city, county, state or federal government or agency; or
(4) Where there exists a clear, present and immediate danger to the health, safety, welfare or morals of the general public or persons or property of persons not the owner or occupant of the premises to be entered and inspected; or
(5) Under authority to do so by inspection search warrant properly issued by the Northeast District Justice Court or other court of competent jurisdiction. (Ord. 2114 § 2, 1970)
11.84.030 Application for administrative inspection search warrant.
(a) Wherever a city ordinance provides for the enforcement thereof by entry and inspection of private property, it shall be the duty of the appropriate city official or inspector therein designated to inspect, and he may pursuant to Section 11.84.020 enter into all premises and buildings as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions failing to meet the regulations or standards established by such ordinance or any violations of the provisions of such ordinance or any other ordinance pertaining to the same subject matter or hazards.
(b) It shall further be the duty of the appropriate official or department head or his lawful delegate to promulgate and modify, from time to time, and file with the city clerk administrative standards for the frequency and conduct of such ordinance enforcement inspection. Such standards shall be based upon such factors as the nature of the premises or building or its use, information indicating existence of a hazard sought to be regulated by such ordinance or a violation thereof, the frequency of inspection under such program of enforcement by entry and inspection, and similar considerations relevant to the nature of the subject matter or the hazard regulated.
(c) Whenever entry and inspection can be accomplished only under authority of an inspection search warrant, the appropriate official shall make application therefor to the Northeast District Justice Court or other court of competent jurisdiction. He shall in the application set forth under oath the factors existing and the criteria established pursuant to this chapter and the ordinance sought to be enforced which require the necessity of such entry and inspection under search warrant. He shall conduct such entry and inspection in accordance with the authorization to be set forth in the search warrant. (Ord. 3573 § 62, 1997; Ord. 2114 § 3, 1970)
Chapter 11.84A
PUBLIC DISTURBANCE
Sections:
11.84A.010 Riot.
11.84A.020 Failure to disperse.
11.84A.030 Disorderly conduct.
11.84A.040 False reporting.
11.84A.050 Liquor in public.
11.84A.060 False aid calls and false fire alarms—Civil remedy.
11.84A.070 Public disturbance noises.
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
Riot.* |
9A.84.010(1) |
|
|
Failure to disperse.* |
9A.84.020(1) |
(Ord. 4241 § 1 (part), 2010: Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
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. 4241 § 1 (part), 2010: Ord. 3331 § 3, 1992; Ord. 2382 § 2, 1978)
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
False reporting* |
9A.84.040(1) |
(Ord. 2375 § 4 (part), 1978)
* Serious crime (S); see Section 1.04.010.
(S)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. (Ord. 2879 § 5, 1985)
11.84A.060 False aid calls and false fire alarms—Civil remedy.
Any person committing those acts described in Section 11.84A.040 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. 2375 § 7 (part), 1978)
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 volumes 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. 3168 § 1, 1989: Ord. 2510 § 1, 1980)
Chapter 11.86
CRIMES RELATING TO UNITED STATES AND STATE FLAGS
Sections:
11.86.010 Flag, etc., defined.
11.86.020 Improper use of flag prohibited.
11.86.030 Desecration of flag.
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
Flag, etc., defined. |
9.86.010 |
|
|
Improper use of flag prohibited. |
9.86.020 |
|
|
Desecration of flag. |
9.86.030 |
(Ord. 2375 § 5 (part), 1978)
Chapter 11.87A
OFFENSES RELATING TO SCHOOLS AND SCHOOL PERSONNEL
Sections:
11.87A.230 Interfering by force or violence with any administrator, teacher or student unlawful.
11.87A.231 Intimidating any administrator, teacher or student by threat of force or violence unlawful.
11.87A.232 Disciplinary authority—Exception.
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
Interfering by force or violence with any administrator, teacher or student unlawful. |
28A.87.230 |
|
|
Intimidating any administrator, teacher or student by threat of force or violence unlawful. |
28A.87.231 |
|
|
Disciplinary authority—Exception. |
28A.87.232 |
(Ord. 2375 § 6, 1978)
* Serious crime (S); see Section 1.04.010.
Chapter 11.91
MISCELLANEOUS CRIMES
Sections:
11.91.060 Leaving children unattended in parked automobile.
11.91.070 Conduct on buses.
|
Kirkland Municipal Code Section |
Section caption |
RCW Section adopted by reference |
|
Leaving children unattended in parked automobile.* |
9.91.060 |
(Ord. 2375 § 5 (part), 1978
|
Conduct on buses. |
9.91.025 |
(Ord. 2820 § 4, 1984)
* Serious crime (S); see Section 1.04.010.
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. 3285 § 1, 1991: Ord. 3070 § 1, 1987)
11.92.020 Definitions.
The following words or phrases as used in the custodial care standards, adopted by reference in Section 11.92.010 herein, 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. 3285 § 2, 1991: Ord. 3070 § 2, 1987)
