City of Lacey, Washington Municipal Code Title 9, Chapter 9.04

LACEY MUNICIPAL CODE

A Codification of the General Ordinances of the City of Lacey, Washington

Title 9: PUBLIC PEACE, SAFETY AND MORALS

Chapter 9.04

GENERAL PROVISIONS

Sections:

9.04.010 Definitions

9.04.020 Culpability definitions

9.04.030 Liability for conduct of another

9.04.040 Classification of offenses and penalties

9.04.050 Restitution

9.04.010 Definitions. In this title, unless a different meaning plainly is required:

A. “Building,” in addition to its ordinary meaning, including any dwelling, fenced area, vehicle, railway car, cargo container or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods. Each unit of a building consisting of two or more units separately secured or occupied is a separate building;

B. “Officer” means a person holding office under any level of government who performs a public function and in so doing is vested with the exercise of some sovereign power of government, including peace officers, and including assistants and employees of any public officer;

C. “Peace officer” means a duly appointed city, county or state law enforcement officer;

D. “Person,” “he” and “actor” include any natural person of either sex and, where relevant, a corporation, joint stock association or an unincorporated association;

E. “Property” means anything of value, whether tangible or intangible, real or personal, privately or publicly owned;

F. “Public servant” means any person other than a witness who presently occupies the position of or has been elected, appointed or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror and any person participating as an advisor, consultant or otherwise performing a governmental function;

G. “Vehicle,” means a motor vehicle as defined in the vehicle and traffic laws of the state, any aircraft or any vessel equipped for propulsion by mechanical means or by sail;

H. 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. (Ord. 499 §2 (part), 1978).

9.04.020 Culpability definitions.

A. The following definitions shall govern the requirements of culpability applicable to this title:

1. Intent. A person acts with intent or intentionally when he acts with the objective or purpose to accomplish a result which constitutes an offense;

2. Knowledge. A person knows or acts knowingly or with knowledge when he:

a. is aware of a fact, facts or circumstances or result described by an ordinance defining an offense, or

b. has information which would lead a reasonable man in the same situation to believe that facts exist, which facts are described by an ordinance defining an offense;

3. Recklessness. A person is reckless or acts recklessly when he knows of and disregards a substantial risk that a wrongful act may occur and his disregard of such substantial risk is a gross deviation from conduct that a reasonable man would exercise in the same situation.

B. When recklessness is an element of an offense, such element also is established if a person acts intentionally or knowingly. When knowledge is an element, such element also is established if a person acts intentionally.

C. A requirement that an offense be committed willfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears. (Ord. 499 §2 (part), 1978).

9.04.030 Liability for conduct of another.

A. A person is guilty of violating an ordinance if such violation is committed by the conduct of another person for which he is legally accountable.

B. A person is legally accountable for the conduct of another person when:

1. Acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or

2. He is made accountable for the conduct of such other person by this title or by the law defining the offense; or

3. He is an accomplice of such other person in the commission of the offense.

C. A person is an accomplice of another person in the commission of an offense if:

1. He solicits, commands, encourages or requests such other person to commit it, or aids or agrees to aid such other person in planning or committing it, with knowledge that it will promote or facilitate the commission of the offense; or

2. His conduct is expressly declared by law to establish his complicity.

D. Unless otherwise provided by this title or by the law defining the offense, a person is not an accomplice in an offense committed by another person if he is a victim of the offense or if he terminates his complicity prior to the commission of the offense and gives timely warning to law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the offense.

E. A person legally accountable for the conduct of another person may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or has an immunity to prosecution or conviction or has been acquitted. (Ord. 499 §2 (part), 1978).

9.04.040 Classification of offenses and penalties.

A. For the purpose of this title, offenses are designated as gross misdemeanors and misdemeanors. Any offense not so designated is a misdemeanor.

B. Except where a different penalty is specifically provided for by ordinance or adopted statute, a person convicted of a gross misdemeanor under this title shall be punished by a fine of not more than $5000.00 or by imprisonment for not more than one year or by both such fine and imprisonment.

C. Except where a different penalty is specifically provided for by ordinance or adopted statute, a person convicted of a misdemeanor under this title shall be punished by a fine of not more than $1000.00 or by imprisonment for not more than ninety days or by both such fine and imprisonment.

D. If the court finds that a person convicted of a violation of section 9.12.010 (simple assault), 9.12.020 (reckless endangerment), 9.12.030 (coercion), 9.12.050 (intimidating phone calls), 9.12.060 (harassment), 9.24.010 (disorderly conduct), 9.24.020 (riot), 9.24.060 (disrupting school activities), 9.28.020 (malicious mischief) or 9.28.080 or 9.28.090 (criminal trespass) intentionally committed the acts necessary for conviction because of such persons perception of the race, color, religion, ancestry or national origin, group association, gender, sexual orientation, or mental, physical, or sensory handicap of the victim or victims, or that the violation was part of a gang initiation or a gang activity, the court shall impose a minimum fine of not less than $500.00 and a minimum jail sentence of not less than five days for each such offense. Neither the mandatory minimum jail sentence nor the mandatory minimum fine shall be suspended or deferred, nor shall the jail sentence be served by alternate means. For purposes of this subsection, the terms “gang”, “gang activity”, “gang initiation”, and “gang member”, are defined as follows:

1. “Gang” shall mean two or more people who form an allegiance for a common purpose and engage in unlawful activity.

2. “Gang activity” shall mean the committing of unlawful activities by gang members or unlawful activities that involve gang behavior such as symbols, slogans, graffiti and other known indications of gang involvement.

3. “Gang initiation” shall mean the engaging in unlawful activity for the purpose of being accepted as a member of a gang.

4. “Gang member” shall mean a person who, by reason of admission or other competent evidence is shown to be a member of a gang. Such evidence may include evidence of tattoos, club rosters, attendance lists, distinct and recognizable clothing or other competent evidence.

E. Nothing in this section shall be construed to repeal or otherwise affect mandatory minimum sentences set for violation of specific ordinances or adopted state statutes. (Ord. 984 §3, 1994; Ord. 974 §1, 1993; Ord. 499 §2 (part), 1978).

9.04.050 Restitution. If a person has gained money or property or caused a victim to lose money or property through the commission of an offense, upon conviction thereof the court, in lieu of or in addition to imposing a fine, may order the defendant to pay an amount not to exceed double the amount of the defendant’s gain or the victim’s loss from such commission. Such amount may be used to provide restitution to the victim at the order of the court. (Ord. 499 §2 (part), 1978).

City of Lacey, Washington, USA