ORDINANCE 107309

AN ORDINANCE correcting the Seattle Criminal Code (Ordinance

102843), removing duplibative numbering of sections

as Section 12A.01.140 by renumbering one such section

as Section 12A.01.150.

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WHEREAS, the Seattle Crminal Code (Ordinance 102843) contains

two sections, both of which were inadvertently numberedSection 12A.01.140; Now, Therefore,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 12A.01.140 Arrest'-- Citations, of

the Seattle Criminal Code (Ordinance 102843), is reenacted

to read as follows:

Section 12A.01.140 Arrest -- Citations.

(1) As used in this section, "crime" has the meaning

specified in section 12A.01.070.

(2) A peace officer may arrest a person without a

warrant if the officer has probable cause to

believe that such person has committed a crime.

(3) Whenever a person is arrested under S (2) of this

section 12A.01.140, the arresting officer, or any

other authorized peace officer, may serve upon the

arrested person a citation and notice to appear in

municipal court, in lieu of continued custody, as

provided bythe Rules of Courts of Limited Juris-

diction.

(4) Whenever a peace officer has probable cause to

believe that a person has committed a violation

as defined in 12"".01.070, he will issue such

person.a citation and notice to appear in munici-

pal court in the same manner as provided by the

Rules of Courts of Limited Jurisdiction unless:

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(a) he is unable to reasonably ascertain the

actor's identity; or

(b) he reasonably believes that the identifica-

tion is not accurate, in either of which

cases the person may be arrested.

(5) Upon an arrest as provided in 5 (4) of this section

12A.01.140, such person may be held only to be

photographed, administratively searched and finger-

printed, and must be released immediately upon

identification.

(6) If a person violates his promise to appear in

court given in accordance with §§ (3) or (4) of

this section 12A.01.140, a warrant may be issued

for his arrest and bail may be set.

$ection 2. Section 12A.01.140 Definitions, of the

Seattle Criminal Code (Ordinance 102843), as last amended by

Ordinance 107232, is renumbered to read as follows:

Section 12A.01.150 Definitions.

this Title 12A, unless a different meaning plainly is re-

quired:

(1) "Act" or "action" means a bodily movement whether

voluntary or involuntary;

(2) "Acted" includes, where relevant, omitted to act;

~C3) "Actor" includes, where relevant, a person fail-

ing to act;

(4) "Bodily injury" or "physical injury" means signi-

ficant:

(a) physical pain; or

(b) illness; or

(c) an impairment or physical condition;

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(5) "Conduct" means an action or omission and its

accompanying state of mind, or, where relevant,

a series of acts or omissions;

(6) "Deadly force" means force which creates a sub-

stantial risk of causing death or serious bodily

injury;

(7) "Deadly weapon" means an explosive, firearm, or

other weapon, device, instrument, article or sub-

stance, including a "vehicle" as defined in this

section 12A.01.150, which, under the circumstances

in which it is used, attempted to be used,

or threatened to be used, is readily capable

of causing death or serious bodily injury;

(8) "Dwelling" means any building or structure, though

movable or temporary, or a portion thereof, which

is for the time being used as a home or place of

lodging;

(9) "Element of an offense" means W such conduct or

(ii) such attendant circumstances, or (iii) such a

result of conduct as:

(a) is included in the description of the for-

bidden conduct in the definition of the

offense; or

(b) establishes the required kind of culpability;

or

(c) negates an excuse or justification for such

conduct; or

(d) negates a defense under the statute of

limitations; or

(e) establishes jurisdiction;

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(10) "Forcible felony" means any felony which involves

the use or threat of physical force or violence

against any person;

(11) "Judge" includes every judicial officer author-

ized, alone or with others, to hold or preside

over a court;

(12) "Material element of an offense" means an element

that does not relate exclusively to the statute

of limitations, jurisdiction or to any other matter

similarly unconnected with (i) the harm or evil,

incident to conduct, sought to be prevented by the

law defining the offense, or (ii) the existence of

a justification or excuse for such conduct;

(13) "Motor vehicle" means every vehicle which is

self-propelled or propelled by electric power

obtained from overhead trolley wires;

(14) "Officer" and "public officer" has its ordinary

meaning and i,ncludes all assistants, deputies,

clerks and employees of any public officer and

all persons exercising or assuming to exercise

any of the powers or functions of a public

officer;

(15) "Omission" means a failure to act;

(16)

(17)

"Ordinance" means an ordinance of the City of

Seattle;

"Peace officer" means a,public officer cliarc7ed

with the duty to enforce public order and to

make arrests for offenses under this title or

under the criminal laws of the state;

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(18) "Person", "he" and "actor" include any natural

person, and, in addition, a corporation or an

unincorporated association unless a contrary

intention plainly appears;

(19) "Prison" or "jail" means any place designated

by law for the keeping of persons held in custody

under process of law, or under lawful arrest;

(20) "Prisoner" includes any person held in custody

under Drocess of law, or under lawful arrest;

(21) "Property" includes both real and personal prop-

erty;

(22) "Reasonably believes" or "reasonable belief"

designates a belief which the actor is not reckless

or criminally negligent in holding;

(23) "Serious bodily injury" or "serious physical

injury" means bodily injury which creates a sub-

stantial risk of death or which causes serious

disfigurement, or protracted loss or impairment

of the function of any bodily member or organ;

(24) "Sexual conduct" means any of the following:

(a) sexual intercourse in its ordinary sense

which occurs upon any penetration, however

slight, or contact between persons involv-

ing the sex organ$ of one and the mouth or

anus of another;

(b) rastLirbaticn rAnual or instrumental, of

one person by another.

(25) "Statute', means the Constitution or an Act of

the Legislature of this State;

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(To be used for all Ordinances except Emergency.)

(26) "Vehicle" means every device which may be used

on a street, on rails, in the air, or on water,

which is capable of transporting persons or

property;

(27) "Voluntary" has the meaning specified in Section

12A.02.010.

Section. ..3,... This ordinance shall take effect and be in force thirty days from and after its passage and

approval, if approved by the Mayor; otherwise it shall take effect at the time it shall become a law under the

provisions of the city charter.

.... day of........... ................... .....

April.............. ..............

19Passed by the City Council the ........ 2-1 ... ...

...... ..... day ofand signed by me in open session in authentication Of" its this.. ...........

A....................

Pro.......... ........

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Presided.. ..........

the tity Council.

Approved by me this ........./-

.... ....day of..................

Filed by me this ........../

............. day of............... .......

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(SEAL)

Published ....... ................................ - ........ ................

...........Attest: ........ ... .. ....... .......

City Comptroller and City.plerk.

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THE CITY OF SEATTLE

LAW DEPARTMENT

MUNICIPAL BUILDING.

SEArT*LE,WASHINGTON981O4

AREA CODE 206 TELEPHONE 625-2402

DOUGLAS N. JEWETT, CITY ATTORNEY

March 28, 1978

Hon. Phyllis LampherePresidentSeattle City Council

Dear Ms. Lamphere:

It has come to our attention that the Seattle CriminalCode (Ordinance 102843), when passed in 1973, numbered each oftwo sections as "Section 12A.01.140.1'

It is our recommendation and request that an ordinancebe passed correcting the duplicative numbering by changingone of the two sections to "Section 12A.01.150."

Enclosed find a proposed ordinance which, if enacted,would correct the duplicative numbering.

Thank you.

SRS: vf

Yours very truly,

City AttorneyDOUGLAS N. JEWETT

BySUSAN R. SAMPSONAssistant

Encl.

c5s 20. 14The Clity of Seattlefts-Legislative Department

MR. PRESIDENT:

to whicb was referred

Your Committee on

PS&J

.....Chairman

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Committee

Date Reported

and Adopted

PUBLIC SAFETY AND JUSTICE COMMITTEE APR 2 4 1978

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C.B. 99298

Criminal Code Numbering.

Correcting the Seattle Criminal Code (Ordinance 102843), re-

moving duplicative numbering of sections as Section 12A.0 1. 140

by renumbering one such section as Section 12A.01.150.

RECOMMEND THAT THE SAME DO APSS

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committee

Affidavit of Publication

STATE OF WASHINGTONKING COUNTY-SS.

The undersigned, on oatb states that he is anautl:orized representative of The Daily Jourpal of Commerce,a ne-~%.,spnner, v,+0c% newspaper is a lega! newsvaperof c;rculation ar,,l If is now an-~ has benn for more

-'. I o - 1-'~:~ d~ te of -,n ei -r S~x z--nntj,S -~"I' ~n -c- -ei- after

eref pili)fls'-,4 iy: t-l!"',-~ English laogu,)ge ceri',~mzo ynewspna,,~- 1- S-_,aWp. MrIv "ountV.

and it is now an(l di--3rlg ~all of saic' lime wasoffic-e inadn,-.aine~! at the ;4oresa-A place of publication of

t-his newspaper, The T),aflv ~To-uxri~A of Cclamerce was on `iieL

1211 day ~-;f lyu-ne, 1941, apo- c- vd as a legal newspaper bythe Superior Cc-_.,rt of Kingi Ccmnty.

The not'ce In -~I,-te exact forni annexed, was publsl~ej in

regular jss-oe' of The Daily Journal of Commerce, which v, as

regulff,yly di.stribt1ted to its subscribers during the below

stateO perjod. Tbe a--nexed notice, a ------ ........ ------ .......

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10 7 5was published on .... - ----- ; ----- .. ------ ........... ........

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!~ubscribed and sworn to before me on

............................. ............. ........... // ----------------

Notary Public for the State of Washington,residing In Seattle.

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