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1 ORDINANCE NO. // <br /> 2 <br /> AN ORDINANCE establishing justifications, defenses and excuses for <br /> 3 criminal offenses; establishing limitations of prosecutions; <br /> declaring the common law to supplement ordinances; repealing <br /> 4 Sections 30 and 31 of Ordinance No. 466A-77; and declaring an <br /> emergency. <br /> 5 <br /> 6 <br /> THE CITY OF EVERETT DOES ORDAIN: <br /> 7 <br /> Section 1: People capable of committing crimes--Capability of <br /> 8 <br /> children. Children under the age of eight years are incapable of committing crime. <br /> 9 <br /> Children of eight and under twelve years of age are presumed to be incapable of <br /> 10 <br /> committing crime, but this presumption may be removed by proof that they have <br /> 11 <br /> sufficient capacity to understand the act or neglect, and to know that it was wrong. <br /> 12 <br /> Whenever in legal proceedings it becomes necessary to determine the age of a child, he <br /> 13 <br /> or she may be produced for inspection, to enable the court or jury to determine the age <br /> 14 <br /> thereby; and the court may also direct his or her examination by one or more <br /> 15 <br /> physicians, whose opinion shall be competent evidence upon the question of his or her <br /> 16 <br /> age. <br /> 17 <br /> Section 2: Common law to supplement ordinances. The provisions of the <br /> 18 <br /> common law relating to the commission of crime and the punishment thereof, insofar as <br /> 19 <br /> not inconsistent with the Constitution and statutes of this state, shall supplement all <br /> 20 <br /> penal ordinances of this City and all persons offending against the same shall be tried in <br /> 21 <br /> the courts of this state having jurisdiction of the offense. <br /> 22 <br /> Section 3: Who amenable to criminal statutes. Every person, regardless of <br /> 23 <br /> whether or not he or she is an inhabitant of this state, may be tried and punished under <br /> 24 <br /> the laws of this City for an offense committed by him or her therein, except when such <br /> 25 <br /> offense is cognizable exclusively in the courts of the United States. <br /> 26 <br /> Section 4: Limitation of actions. Prosecutions for offenses may be <br /> 27 <br /> commenced within one year after their commission; provided, that any length of time <br /> 28 <br /> during which the party charged was not usually and publicly resident within this state <br /> 29 <br /> shall not be reckoned within the one year; and further provided, that where a complaint <br /> 30 <br /> or citation has been filed, within the time limited for the commencement of a criminal <br /> 31 <br /> action, if the complaint or citation be set aside, the time of limitations shall be <br /> 32 <br />