9.01.010 Aberdeen Criminal Code–Adoption of the Revised Code of the state of Washington–Assumption of jurisdiction–Exceptions.
A. This title shall be known and may be cited as the “Aberdeen Criminal Code.”
B. The city has assumed jurisdiction over, and become the jurisdictional authority for the enforcement and prosecution of, all misdemeanor and gross misdemeanor crimes committed within the city limits whether the offense is created by ordinance or state statute. With the exception of the Revised Code of Washington sections set forth in subsection (C) of this section, all RCW sections that constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors are hereby adopted by reference as currently enacted or as hereafter amended or recodified from time to time, and shall be given the same force and effect as if set forth herein in full. Whenever the word “state” shall appear in any statute adopted by reference in this title, the word “city” shall be substituted therefor; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances which set forth administrative or licensing duties of the state and its subdivisions. The finance director shall keep one copy of the Revised Code of Washington on file and available for public review.
C. All class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the provisions of subsection (B) of this section.
D. The following RCW sections are not adopted by the city of Aberdeen:
Chapter 9.66 RCW–Public nuisance;
RCW 9A.16.110–Defending against violent crime–reimbursement; and
RCW 9A.84.030–Disorderly conduct.
E. Whenever a state statute specifically adopted in this title refers to another state statute not specifically adopted in this title, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this title.
F. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this title, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number.
G. In the event of a conflict between an RCW section adopted by reference in subsection (B) of this section and an ordinance, the ordinance shall control.