City of Lacey, Washington Municipal Code Title 9, Chapter 9.28

LACEY MUNICIPAL CODE

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

Title 9: PUBLIC PEACE, SAFETY AND MORALS

Chapter 9.28

CRIMES AGAINST PROPERTY

Sections:

9.28.010 Definitions

9.28.020 Malicious mischief

9.28.030 Throwing articles

9.28.040 Unlawful issuance of a bank check

9.28.050 Theft

9.28.060 Possessing stolen property

9.28.070 Obscuring the identity of a machine

9.28.080 Criminal trespass in the first degree

9.28.090 Criminal trespass in the second degree

9.28.100 Defenses to criminal trespass

9.28.110 Vehicle prowling

9.28.120 Littering

9.28.130 Reckless burning

9.28.140 Making or having burglar tools

9.28.150 Theft of rental and leased property

9.28.010 Definitions. The following definitions shall apply in this chapter:

A. "Appropriate lost or misdelivered property or services" means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property.

B. "Deception" occurs when the actor knowingly:

1. Creates or confirms another’s false impression which the actor knows to be false; or

2. Fails to correct another’s impression which the actor previously has created or confirmed; or

3. Prevents another from acquiring information material to the disposition of the property involved; or

4. Transfers or encumbers property without disclosing a lien, adverse claim or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or

5. Promises performance which the actor does not intend to perform or knows will not be performed.

C. "Deprive," in addition to its common meaning, means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets or computer programs; provided, that the aforementioned are of a private proprietary nature.

D. "Enter" includes the entrance of the person or the insertion of any part of his body or any instrument or weapon held by him and used or intended to be used to threaten or intimidate a person or to detach, remove or damage property.

E. "Enters or remains unlawfully" means any unlicensed, uninvited or otherwise unprivileged entry into or remaining upon premises of another. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

F. "Malice" and "maliciously" mean with an evil intent, wish or design to vex, annoy or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.

G. "Obtain control over," in addition to its common meaning, means:

1. In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or

2. In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another.

H. "Owner" means a person, other than the actor, who has possession of or any other interest in the property or services involved and without whose consent the actor has no authority to exert control over the property or services.

I. "Premises" includes any building, dwelling or any real property.

J. "Receive" includes, but is not limited to, acquiring title, possession, control or a security interest or any other interest in the property.

K. "Services" includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the use of equipment and commodities of a public utility nature such as gas, electricity, steam and water.

L. "Stolen" means obtained by theft, robbery or extortion as defined in Title 9A, RCW.

M. "Wrongfully obtains" or "exerts unauthorized control" means:

1. To take the property or services of another; or

2. Having any property or services in one's possession, custody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian or officer of any person, estate, association or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody or control, to secrete, withhold or appropriate the same to his own use or to the use of any person other than the true owner or person entitled thereto. (Ord. 499 §2 (part), 1978).

9.28.020 Malicious mischief.

A. A person is guilty of malicious mischief if:

1. He knowingly and maliciously causes physical damage to the property of another in an amount not exceeding $750.00; or

2. Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, causing physical damage in an amount not exceeding $750.00.

B. For the purposes of this section, “physical damage,” in addition to its ordinary meaning, shall include:

1. Alteration, damage or erasure of records, information, data or computer programs which are electronically recorded for use in computers; and

2. Removal, alteration or defacing of any street sign, legal notice, official bulletin, poster or advertisement without lawful authority or consent of the owner; and

3. Cutting, altering, changing, removing, disconnecting or connecting with any wire, main, pipe, stopcock, meter, hydrant, valve, pump, conduit or cable without lawful authority; and

4. Posting or attaching any bills, handbills, posters or placards upon any post, fence, tree, building or other structure without lawful authority or consent of the owner.

C. Malicious mischief is a gross misdemeanor. (Ord. 1335 §6, 2009; Ord. 1076 §9, 1998; Ord. 499 §2 (part), 1978).

9.28.030 Throwing articles. A person is guilty of a misdemeanor if he intentionally or maliciously throws any thing at, against or upon any house, building, structure, vehicle or premises of another person without lawful authority or consent of the owner. (Ord. 499 §2 (part), 1978).

9.28.040 Unlawful issuance of a bank check.

A. A person is guilty of unlawful issuance of a bank check if, with intent to defraud, he makes, draws, utters or delivers to another person any check or draft on a bank or other depository for the payment of money in an amount not exceeding $750.00, knowing at the time of such drawing or delivery that he has not sufficient funds in or credit with such bank or depository to meet such check or draft in full upon its presentation.

B. The word "credit" as used in this section shall be construed to mean an arrangement or understanding with the bank or depository for the payment of such check or draft, and the uttering or delivering of such a 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.

C. Unlawful issuance of a bank check is a gross misdemeanor. (Ord. 1335 §7, 2009; Ord. 499 §2 (part), 1978).

9.28.050 Theft.

A. A person is guilty of theft if, with regard to property or services of $750.00 or less in value, he:

1. Wrongfully obtains or exerts unauthorized control over the property or services of another, or the value thereof, with intent to deprive him of such property or services; or

2. By color or aid of deception obtains control over the property or services of another, or the value thereof, with intent to deprive him of such property or services; or

3. Appropriates lost or misdelivered property or services of another, or the value thereof, with intent to deprive him of such property or services; or

4. Commits any offense defined as a larceny at common law or elsewhere outside of this chapter.

B. In any prosecution for theft, it shall be a sufficient defense that the property or service was appropriated openly and avowedly under a claim of title preferred in good faith, even though the claim be untenable.

C. Theft is a gross misdemeanor. (Ord. 1335 §8, 2009; Ord. 499 §2 (part), 1978).

9.28.060 Possessing stolen property.

A. A person is guilty of possessing stolen property if he receives, retains, possesses, conceals or disposes of stolen property having a value of $750.00 or less, knowing that it has been stolen, and withholds or appropriates the same to the use of any person other than the true owner or person entitled thereto.

B. The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of possessing stolen property.

C. Possessing stolen property is a gross misdemeanor. (Ord. 1335 §9, 2009; Ord. 499 §2 (part), 1978).

9.28.070 Obscuring the identity of a machine.

A. A person is guilty of obscuring the identity of a machine if he knowingly:

1. Obscures the manufacturer's serial number or any other distinguishing identification number or mark upon any vehicle, machine, engine, apparatus, appliance or other device with intent to render it unidentifiable; or

2. Possesses a vehicle, machine, engine, apparatus, appliance or other device held for sale knowing that the serial number or other identification number or mark has been obscured.

B. As used in this section, "obscure" means to remove, deface, cover, alter, destroy or otherwise render unidentifiable.

C. Obscuring the identity of a machine is a gross misdemeanor. (Ord. 499 §2 (part), 1978).

9.28.080 Criminal trespass in the first degree.

A. A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building or on real property adjacent thereto or upon real property which is fenced or otherwise enclosed in a manner designed to exclude intruders.

B. Criminal trespass in the first degree is a gross misdemeanor. (Ord. 499 §2 (part), 1978).

9.28.090 Criminal trespass in the second degree.

A. A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another.

B. Criminal trespass in the second degree is a misdemeanor. (Ord. 499 §2 (part), 1978).

9.28.100 Defenses to criminal trespass. In any prosecution for criminal trespass under Sections 9.28.080 or 9.28.090, it is a defense that:

A. A building involved in an offense under Section 9.28.080 was abandoned; or

B. The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

C. The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain. (Ord. 499 §2 (part), 1978).

9.28.110 Vehicle prowling.

A. A person is guilty of vehicle prowling if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle.

B. Vehicle prowling is a gross misdemeanor. (Ord. 499 §2 (part), 1978).

9.28.120 Littering.

A. A person is guilty of littering if he throws, drops, deposits, discards or otherwise disposes of litter upon any public property within the city or upon private property within the city not owned by him, or in the waters of the city, whether from a vehicle or otherwise, including but not limited to any highway, park, recreational area, road, street or alley, except:

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

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

B. As used in this section, "litter" means all waste material, including but not limited to, disposable packages or containers.

C. Penalties.

1. It is a class 3 civil infraction as provided in Revised Code of Washington 7.80 for a person to litter in an amount of less than or equal to one cubic foot.

2. It is a class 1 civil infraction as provided in Revised Code of Washington 7.80 for a person to discard a cigarette, cigar, or other tobacco product that is capable of starting a fire.

3. It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard.

4. It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more.

5. In addition to the penalties applicable to this title, a person convicted of littering may be directed in the sound discretion of the court to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that such person has deposited litter, any or all litter deposited thereon by anyone prior to the date of execution of sentence. (Ord. 1335 §10, 2009; Ord. 499 §2 (part), 1978).

9.28.130 Reckless burning.

A. A person is guilty of reckless burning if he knowingly causes a fire or explosion, whether on his own property or that of another and thereby recklessly places a building or other structure or any vehicle, railway car, aircraft or watercraft or any hay, grain, crop or timber, whether cut or standing, in danger of destruction or damage.

B. In any prosecution for reckless burning, it shall be a defense if the defendant establishes by a preponderance of the evidence that no person other than the defendant had a possessory or pecuniary interest in the damaged or endangered property, or if other persons had such an interest, all of them consented to the defendant’s conduct and that the defendant's sole intent was to destroy or damage the property for a lawful purpose.

C. Reckless burning is a gross misdemeanor. (Ord. 499 §2 (part), 1978).

9.28.140 Making or having burglar tools.

A. Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools.

B. Making or having burglar tools is a gross misdemeanor. (Ord. 1001 §5, 1994).

9.28.150 Theft of rental and leased property.

A. A person who, with intent to deprive the owner or owner's agent, wrongfully obtains, or exerts unauthorized control over, or by color or aid of deception gains control of personal property that is rented or leased to the person, is guilty of theft of rental, leased, or lease-purchased property.

B. The finder of fact may presume intent to deprive if the finder of fact finds either of the following:

1. That the person who rented or leased the property failed to return or make arrangements acceptable to the owner of the property or the owner's agent to return the property to the owner or the owner’s agent within seventy-two hours after receipt of property notice following the due date of the rental, lease, or lease-purchase agreement; or

2. That the renter or lessee presented identification to the owner or the owner's agent that was materially false, fictitious, or not current with respect to name, address, place of employment, or other appropriate items.

C. As used in Section 9.28.150.B., "proper notice" consists of a written demand by the owner or the owner's agent made after the due date of the rental, lease, or lease-purchase period, mailed by certified or registered mail to the renter or lessee at:

1. The address the renter or lessee gave when the contract was made; or

2. The renter or lessee's last known address if later furnished in writing by the renter, lessee, or the agent of the renter or lessee.

D. The replacement value of the property obtained must be utilized in determining the amount involved in the theft of rental, leased, or lease-purchased property. Theft of rental, leased, or lease-purchased property is a gross misdemeanor if the rental, leased, or lease-purchased property is valued at less than two hundred fifty dollars.

E. This applies to rental agreements that provide that the renter may return the property any time within the rental period and pay only for the time the renter actually retained the property, in addition to any minimum rental fee, to lease agreements, and to lease-purchase agreements as defined under Revised Code of Washington 63.19.010. This section does not apply to rental or leasing of real property under the residential landlord-tenant act, Revised Code of Washington 59.18. (Ord. 1076 §2, 10, 1998; Ord. 1001 §6, 1994).

City of Lacey, Washington, USA