HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 09/10/2013 (3) Public Safety Committee Agenda
T Councilmembers: Les Thomas • Dana Ralph • Bill Boyce, Chair
(CEN
September 10, 2013
5:30 p.m.
Item Description Action Speaker(s) Time Paqe
1. Approval of August 13, 2013 minutes Yes Bill Boyce 5 min 1
2. Ordinance Amending KCC 8.01 —
Establishing "Chronic criminal nuisance" Yes Tami Perdue 5 min 5
3. School Zone Traffic Safety Camera Update
(Information Only) No Pat Fitzpatrick 5 min 19
4. Police Chief's Update No Chief Ken Thomas 5 min 21
Unless otherwise noted, the Public Safety Committee meets the 2ntl Tuesday of each month at 5:30 p.m.
in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Kim Komoto at (253) 856-5788 or via email at kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance. For
TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
August 13, 2013
COMMITTEE MEMBERS: Les Thomas, Dana Ralph (excused absence), and William Boyce,
Chair. The meeting was called to order by Chairperson William Boyce at 5:32 p.m.
Changes to the Agenda:
Chief Ken Thomas moved Item seven - Cumulative grant donations to the Youth Conference and
Drinking Driver Task Force funds to item 4 and Item 10 - Post National Night Out report to item
9.
1. Approval of Minutes
Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to
approve the June 11, 2013 minutes. Motion PASSED 2-0.
2. Contract/Bennett Group (Police Training)
Chief Ken Thomas presented information regarding the Bennett Group providing training to the
entire police department workforce on civility-type issues.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend authorizing the Mayor to sign a contract with the Bennett
Group, in an amount not to exceed $10,500 for police department training on workplace
civility as well as workplace bullying prevention and intervention issues and
strategies, subject to final terms and conditions acceptable to the city attorney and
police chief. Motion PASSED 2-0.
3. Agreement - King County Sheriff's Office Cost Reimbursement (Verification of
address and residency of registered sex and kidnapping offenders)
Debra Leroy, Research and Development Analyst with the Kent Police Department, presented
information regarding the annual contract with the King County Sheriff's Office for
reimbursement for overtime salaries and benefits for a detective to go out and verify sex
offender addresses.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend the Mayor sign the Cost Reimbursement
Agreement with the King County Sheriff's Office in the amount of $73,912.60, for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders, with terms and conditions acceptable to the city attorney and police chief.
Motion PASSED 2-0.
4. WATPA Grant - PATROL Task Force
Debra Leroy, Research and Development Analyst with the Kent Police Department, presented
information on the Washington Auto Theft Prevention Authority Grant that is awarded to the
Federal Way Police Department with the Kent Police Department managing the grant. The City
has received this grant since 2008. The task force is the most productive auto theft task force
Public Safety Committee Minutes
August 13, 2013 1
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in the state of Washington in addition to providing training to other jurisdictions throughout the
state.
Debra Leroy presented the following statistics regarding the task force: The task force consists
of 17 cities and 2 King County precincts. From 2010 - 2012 the number of stolen vehicles in
the areas represented by these partner cities increased 9%, the number of recovered vehicles
increased 12%, and the number of auto theft-related arrests increased 52%.
This task force was instrumental in presenting legislation that increased the statute of limitations
for trafficking stolen vehicles from 3 to 6 years.
Chief Ken Thomas presented additional information regarding the success of the task force and
the benefit of the task force for the Kent Police Department.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend Council authorize the Mayor to accept the
Washington Auto Theft Prevention Authority grant award in the amount of
$1,614,000, authorize amending the budget and authorize expenditure of the funds in
accordance with the grant terms and conditions acceptable to the city attorney and
police chief. Motion PASSED 2-0.
S. Contract/North Star (Firing Range Repairs)
Chief Thomas presented information regarding the North Star Contract for repairs to the Kent
Police Department firing range.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend Council authorize the Mayor to sign a contract with
North Star Construction and Environmental for repairs to the Kent Police Department
firing range, in an amount not to exceed $49,767.75, subject to terms and conditions
acceptable to the police chief and city attorney. Motion PASSED 2-0.
6. Ordinance amending KCC 9.02, adding a new Section 9.02.295 entitled
"Menacing." establishing the crime of Menacing.
Julie Stormes, city of Kent Prosecuting Attorney, presented information on the Ordinance
amending the code to include the crime labeled "menacing." The prosecutor's office has
encountered facts where a suspect's actions fall short of the crime of stalking, only because his
or her behavior is continuous and not divided into two or more separate occasions.
Councilmember Thomas questioned if this same provision is found in other cities. Julie Stormes
indicated that she drafted the ordinance after looking at New York's statutes that were similar to
this proposed ordinance.
Councilmember Boyce questioned if the court is aware of this provision. Julie Stormes
responded that if this ordinance is adopted, the prosecutor's office would start citing this offense
that may or may not be challenged in Court.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend adoption of the ordinance amending Chapter 9.02
of the Kent City Code, entitled "Criminal Code," by adding a new Section 9.02.295
entitled "Menacing," that establishes the crime of menacing. Motion PASSED 2-0.
Councilmember Thomas recommended placing this item on "Other Business" on the Council
agenda.
Public Safety Committee Minutes
August 13, 2013 2
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7. Cumulative grant donations to the Youth Conference and Drinking Driver Task
Force funds
Sara Wood, Public Education Specialist with the Kent Police Department, presented information
regarding the two fund balances that have accumulated donation funds.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend Council authorize the Mayor to accept the current
Youth Conference Donation fund balance of $34,333, and the Drinking Driver Task
Force fund balance of $13,163, authorizing amending the budget and expenditure of
the funds in accordance with the grant terms and conditions acceptable to the police
chief and city attorney. Motion PASSED 2-0.
S. State Farm grant - Illegal Street racing enforcement
Sara Wood, Public Education Specialist with the Kent Police Department, presented information
regarding the State Farm grant to support implementation of an Illegal Street racing
enforcement operation. The City received a mini grant for operations that will take place from
August through the end of September.
After deliberating, Councilmember Thomas MOVED and Councilmember Boyce
SECONDED a Motion to recommend Council authorize the Mayor accept the State Farm
Grant, in the amount of $3,750, for implementation of an illegal street racing
enforcement operation, authorize amending the budget and expenditure of the funds
in accordance with the grant terms, subject to approval of the city attorney and police
chief. Motion PASSED 2-0.
9. Post National Night Out Report
Sara Wood, Public Education Specialist with the Kent Police Department, presented information
on the National Night Out event held August 61h. This was the 291h year that the city of Kent
participated. Target was a national sponsor of the event. There were 110 events throughout
the city of Kent: 65 on the East hill, 24 in the valley, 21 events on the West hill (12 events on
the West hill were new events). There were 80 visitors and 28 vehicles not including patrol cars
or fire trucks.
The Next step is to submit the application for an award. Last year the City received 10th in the
nation in the category for populations 100,000 to 299,000.
Next year August 5th is National Night Out. Additional information can be found on the City's
Facebook and website.
10. Post Fourth of July Report
Jon Napier, Division Chief Fire Marshall, Kent Regional Fire Authority presented an after action
report on the events of the Fourth of July.
After action report:
6 This year was a fairly quiet 4th of July
9 190 complaints were taken
6 71 fireworks seizures
Y 129 warnings issued
C 1 citation
1 arrest
6 No felony illegal explosive devices - rare
6 2 injuries
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August 13, 2013 3
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6 3 fires
• Confiscated 150 pounds of fireworks
Notes:
• Smoke bombs thrown into car by unknown juvenile - arson investigating.
• Allegations were made that they illegal fireworks were purchased from a local fireworks
stand. After an investigation, no illegal fireworks were found on the premises.
• A patrol officer viewed an explosion at a church and found that the suspect had altered
an illegal firework. The individual was cited with reckless discharge and use, which is a
gross misdemeanor.
• This year's report will serve as a baseline report for comparison in future years.
Councilmember Boyce thanked Jon Napier for organizing the partnership of the Kent Police
Department and Kent Regional Fire Authority so that baseline statistics could be gathered and
presented.
Councilmember Thomas asked how many complaints were responded to. Police Chief Ken
Thomas and Fire Marshall Napier indicated that every complaint was responded to.
11. Chief's Update — Information Oniv
Chief Kent Thomas informed the committee that additional information will be presented at a
2014 committee meeting requesting support of the "Alive and Free" gang outreach program for
intervention and prevention. The cities of Auburn, Kent, Renton, and Tukwila contribute
$30,000 annually to the program for the funding of two outreach workers. The funds come from
the city's seized asset funds.
This program provides positive outreach to kids through the schools in addition to contacting
kids prior to court dates to ensure they make it to court. This program provides a broad
approach in trying to get youth back on track and is very beneficial to the city of Kent.
Chief Thomas provided an update on police department staffing. Currently the police
department is allotted 144 commissioned police officer positions. Six are currently frozen
through the criminal justice fund. There are currently 135 officers. There are 8 officers in the
field training officer program or at the academy. The three at the academy are projected to be
out on their own in April, 2014. The 3 lateral officers are in various stages of training and are
expected to be out on their own around December, 2013.
The police department is making progress towards fully staffing the positions.
Assistant Chief Padilla is in charge of the support services division that is responsible for hiring
and recruiting officers and is working closely with officer Bobby Hollis.
Adiournment
Councilmember ZX7
the meeting at 6:07 p.m.
Kim A. Komoto
Public Safety Committee Minutes
August 13, 2013 4
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LAW DEPARTMENT
Arthur "Pat' Fitzpatrick, Acting City Attorney
Phone: 253-856-5781
KENT Fax: 253-856-6770
WASHING70N
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 10, 2013
TO: Public Safety Committee
SUBJECT: Ordinance Amending KCC 8.01 to Establish a Chronic Criminal
Nuisance
MOTION:
Move to recommend Council adopt an ordinance amending Chapter 8.01 of
the Kent City Code, entitled "Public Nuisances," to establish a "chronic
criminal nuisance" that exists when 3 instances of criminal conduct occur
on a property within a one-year period and do not involve the property
owner or occupants being the victims of the criminal conduct or contacting
the police to report the criminal conduct.
SUMMARY:
The Kent Police Department often responds to service calls from neighbors whose
use of their property is disturbed by criminal conduct that occurs on a neighboring
property. Even if police officers are able to make an arrest as a result of that
criminal conduct, that conduct often repeats itself within a short period of time to
the detriment of surrounding neighbors and their properties. These chronic criminal
nuisance properties, and the responsible persons who fail to take corrective action,
have a negative impact upon the quality of life, safety, and health of the
neighborhoods where they are located and create a nuisance. These chronic
criminal nuisance properties are also a financial burden to the city as they result in
repeated calls for service and the redirection of valuable police services.
While criminal prosecution may allow criminal offenders to be held accountable for
their crimes through the court process, that court action does nothing to hold the
property owners liable for the conduct they allow to occur on their property that
negatively impacts their neighbors. This ordinance seeks to remedy nuisance
activities that repeatedly occur or exist at chronic criminal nuisance properties by
providing a process for civil and criminal abatement, and by holding property
owners and those responsible for the nuisance liable for the conditions they create
or maintain in their neighborhood community.
Exhibit: Ordinance
Budget Impact: None
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Ch. 8.01 of
the Kent City Code, entitled "Public Nuisances," to
establish a "chronic criminal nuisance" that exists
when three instances of criminal conduct occur on
a property within a one year period and do not
involve the property owner or occupants being the
victims of the criminal conduct or contacting the
police to report the criminal conduct.
RECITALS
A. The Kent Police Department often responds to service calls
from neighbors whose use of their property is disturbed by criminal
conduct that occurs on a neighboring property. Even if police officers are
able to make an arrest as a result of that criminal conduct, that conduct
often repeats itself within a short period of time to the detriment of
surrounding neighbors and their properties.
B. These chronic nuisance properties, and the responsible
persons who fail to take corrective action, have a negative impact upon the
quality of life, safety, and health of the neighborhoods where they are
located. Chronic nuisance properties are also a financial burden to the city
as they result in repeated calls for service and the redirection of valuable
police services.
Ch. 8.01 KCC -
Chronic Nuisance Housing
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C. This ordinance seeks to remedy nuisance activities that
repeatedly occur or exist at chronic criminal nuisance properties by
providing a process for civil and criminal abatement, and by holding
property owners and those responsible for the nuisance liable for the
conditions they create or maintain in their neighborhood community.
D. For those properties where the owner does not appear to
reside on the property, this ordinance additionally provides that the police
department may provide notice to that non-resident owner of criminal
conduct that has occurred on the owner's property. Because of the
significant contacts the police department will have had with the occupants
and owners of property at the time a property becomes a chronic criminal
nuisance, this ordinance additionally provides that a Notice of Violation
may be issued immediately after the third occurrence of criminal conduct
within one year.
E. Finally, this ordinance includes a few housekeeping revisions
to make Ch. 8.01 KCC consistent with other code enforcement provisions
found in the Kent City Code regarding joint and several liability and the
degree of punishment applicable to a criminal charge resulting from a code
enforcement violation.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1, — Amendment. Chapter 8.01 of the Kent City Code,
entitled "Public Nuisances," is amended to establish a nuisance for chronic
nuisance properties as follows:
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Chronic Nuisance Housing
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Chapter 8.01
PUBLIC NUISANCES
Sec. 8.01.010. Definitions. The following words, terms and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Abate means to repair, replace, remove, destroy, or otherwise
remedy a condition which constitutes violation of this chapter by such
means and in such a manner and to such an extent as the applicable
department director determines is necessary in the interest of the general
health, safety, and welfare of the community.
B. Building materials means and includes lumber, plumbing
materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete
block, roofing material, cans of paint, and similar materials.
C. Chronic criminal nuisance means any premises at which three
(3) or more instances of criminal conduct occurs within a one (1) year
period when such criminal conduct is committed by the person who either
owns, occupies, leases, or rents the premises, or who is an invitee,
licensee, or quest of the person who owns, occupies, leases, or rents the
premises.
D. Criminal conduct shall mean any criminal act that is defined
by the city of Kent, the state of Washington, or the United States as a
misdemeanor, gross misdemeanor, felony, or crime, or which is otherwise
punishable by a sentence in a correctional facility, jail, or prison. Gang or
gang-related activity, as those terms are defined by RCW 59.18.030, shall
also be considered criminal conduct. The term shall also include the
seizure and/or forfeiture of real or personal property pursuant to RCW
69.50.505 or a similar federal statute. Criminal conduct engaged in by any
person who either owns, occupies, leases, or rents the premises, or who is
an invitee, licensee, or quest of the person who owns, occupies, leases, or
Ch. 8.01 KCC —
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rents the premises, shall be deemed to have occurred on the premises
even if such event does not conclude on the premises, provided that such
criminal event originates or starts on the premises and is concluded within
100 feet of the premises.
1. Criminal conduct excluded from definition. For the
purposes of this chapter, criminal conduct shall not include conduct
wherein:
a. The person who owns, occupies, leases, or rents
the premises, or who is an invitee, licensee, or guest of the person who
owns, occupies, leases, or rents the premises was the victim of the
criminal conduct; or
b. The person who owns, occupies, leases, or rents
the premises, or who is an invitee, licensee, or quest of the person who
owns, occupies, lease, or rents the premises contacted the police to report
the criminal conduct.
2. Establishinq existence of criminal conduct. In
establishing the existence of criminal conduct on the premises, the city
shall have the burden of establishing an instance of criminal conduct by a
preponderance of the evidence. The entry of a certified order of judgment
and sentence, or other certified court document that establishes a
conviction or the entry of a deferred prosecution or sentence, or any
certified document maintained by the court that contains an entry of a
finding of quilt, an admission to the commission of the criminal conduct, an
admission to the facts that would establish the commission of the criminal
conduct, or an acknowledgement that there are sufficient facts to prove
the instance of criminal conduct, shall be sufficient proof of the occurrence
of the criminal conduct; provided, that an absence of such court
document(s) shall not prohibit the city from establishing that an instance
of criminal conduct occurred. Police reports and other documentary
Ch. 8.01 KCC —
Chronic Nuisance Housing
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evidence shall be admissible as evidence of criminal conduct; provided,
that such reports are certified pursuant to RCW 9A.72.085.
E. Director means the director of the department in charge of
code enforcement or his or her designee or any designated alternate who
is empowered by ordinance or by the mayor to enforce this chapter
including assigned code enforcement officials.
F. Graffiti means any unauthorized inscription, word, figure,
picture, graphics, or design that is sprayed, painted, posted, pasted,
drawn, or otherwise affixed to or upon any surface of public or private
property. Signs regulated by Ch. 15.06 KCC shall not constitute graffiti
under this chapter.
G. Owner means one or more persons, jointly or severally, in
whom is vested all or any part of the legal title to the premises, or all or
part of the beneficial ownership and a right to present use and enjoyment
of the premises, including any part owner, joint owner, tenant in common,
joint tenant, or tenant by the entirety of the whole or a part of such
premises.
H. Person means any individual,_ firm, association, partnership,
corporation, or any other entity, public or private.
I. Person responsible for the violation has the same meaning as
that provided for in KCC 1.04.020(K), and for the purposes of this Ch. 8.01
KCC, specifically includes any person in actual or constructive possession
of the premises, including but not limited to an owner, lessee, tenant, or
occupant of the premises.
J. Premises means any building, lot, parcel, real estate, or land
or portion of land whether improved or unimproved, including adjacent
sidewalks, public rights-of-way, and parking strips and any lake, river,
stream, drainage way, or wetland.
Sec. 8.01.020. Prohibited conduct. It is a violation of this
chapter for any person to permit, create, maintain, or allow, upon any
Ch. 8.01 KCC —
Chronic Nuisance Housing
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premises, any of the acts or things declared in KCC 8.01.030 to be a public
nuisance.
Sec. 8.01.030. Types of public nuisances. Each of the following
conditions, unless otherwise permitted by law, is declared to constitute a
public nuisance, subjecting the person responsible for the violation to the
penalties provided for in and wheneveF the dI~__tOF a_}_~•~I~__ that any of
KCC 8.01.050a..d ngen___.Fy penalties n9ay be assessed
1. The existence of any trash, dirt, filth, the carcass of any
animal, manure or rubbish, accumulation of yard trimmings, excluding
properly maintained yard compost, or other matter which is offensive to a
reasonable person; except for such yard debris that is properly contained
and concealed as not to affect the health, safety, or depreciation of
adjoining property for the purpose of composting.
2. Erecting, maintaining, using, placing, depositing, leaving, or
permitting to be or remain in or upon any premises, which may be viewed
or smelled from without the premises, or in or upon any street, alley,
sidewalk, park, parkway, or other public or private place in the city, any
one (1) or more of the following disorderly, disturbing, unsanitary, fly-
producing, rat-harboring, disease-causing places, conditions, or things:
a. Any putrid, unhealthy, or unwholesome bones, meat,
hides, skins, the whole or any part of any dead animal, fish, or fowl, or
waste parts of fish, vegetable, or animal matter in any quantity; but
nothing herein shall prevent the temporary retention of waste in approved
covered receptacles; or
b. Any privies, vaults, cesspools, open containers of
stagnant water, sumps, pits, or like places which are not securely
protected from flies and rats, or which are malodorous; or
Ch. 8.01 KCC -
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C. An accumulation of material including but not limited to
bottles, cans, glass, plastic, ashes, scrap metal, wire bric-a-brac, broken
stone or cement, broken crockery, broken glass, broken plaster, litter,
rags, empty barrels, boxes, crates, packing cases, mattresses, bedding,
packing hay, straw, or other packing material or building materials on any
premises which not properly stored or neatly piled or is offensive to a
reasonable person or in which flies or rats may breed or multiply; or
d. Accumulation of any litter, garbage, trash, refuse,
and/or rubbish; or
e. The keeping, using, or maintaining of any pen, stable,
lot, place, or premises in which any hog, cattle, or fowl may be confined or
kept in such a manner as to be nauseous, foul, or offensive.
3. The existence of any fence or other structure on private
property abutting or fronting upon any public street, sidewalk, or place
which is in a sagging, leaning, fallen, decayed, or other dilapidated or
unsafe condition.
4. The existence of wrecked or disassembled trailers, house
trailers, boats, tractors, or other vehicle, appliance, or machinery of any
kind, or any major parts thereof.
5. The existence on any premises of any abandoned or unused
well, pit, shaft, cistern, or storage tank without first demolishing or
removing from the premises such storage tank, or securely closing and
barring any entrance or trapdoor thereto or without filling any well, pit,
shaft, or cistern or capping the same with sufficient security to prevent
access thereto.
6. The existence in a place accessible to children of any
attractive nuisance dangerous to children, including but not limited to any
abandoned, broken, or neglected equipment, machinery, refrigerator,
freezer, or other large appliance.
Ch. 8.01 KCC -
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7. Dense smoke, noxious fumes, gas, and soot, or cinders, in
unreasonable quantities.
S. All snow and ice not removed from public sidewalks within a
reasonable time after the snow and ice have ceased to be deposited
thereon.
9. All trees, hedges, billboards, fences, or other obstructions
which prevent persons from having a clear view of traffic approaching an
intersection from cross streets in sufficient time to bring a motor vehicle
driven at a legal speed to a full stop before the intersection is reached.
10. Any use of property abutting on a public street or sidewalk or
any use of a public street or sidewalk which causes large crowds of people
to gather, obstructing traffic and the free use of the streets or sidewalks.
This subsection shall not apply to events, programs, or parades authorized
by the city council.
11. Any poisonous or harmful substance which is reasonably
accessible to persons or to animals.
12. The keeping or harboring of any animal which by frequent or
habitual howling, yelping, barking, or the making of other noises, or the
keeping or harboring of any fowl which by frequent habitual crowing or the
making of other noises shall annoy or disturb a neighborhood or any
considerable number of persons.
13. Every building or unit within a building used for the purpose
of unlawfully manufacturing, delivering, selling, storing, or giving away any
controlled substance as defined in Chapter 69.50 RCW, legend drug as
defined in Chapter 69.41 RCW, or imitation controlled substance as defined
in Chapter 69.52 RCW, and every building or unit within a building wherein
or upon which such acts take place.
14. Soils contaminated by dangerous waste, hazardous
substances, or hazardous wastes as those terms are defined in RCW
70.105.010.
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15. The existence of graffiti on public property or on private
property where the graffiti is visible from any vantage point located on
public property, a railway, or any property open for business to the public.
As used On this subseEtien, graffiti shall n9ean any unauthffized
WOFd, figUFe, PiEtUFe, gFaphiEs, OF design that 05 SpFayed, painted, posted,
16. Maintaining, conducting, promoting, facilitating, permitting, or
allowing a chronic criminal nuisance.
Sec. 8.01.035. Joint and several liability. Joint and several
liability. A public nuisance is actionable against the person responsible for
the violation, as that term is defined in KCC 8.01.010(I), in accordance
with KCC 8.01.050. Responsibility for a public nuisance under this chapter
is joint and several, and the city is not prohibited from taking action
against a party where other persons may also be potentially responsible
for a violation, nor is the city required to take action against all persons
potentially responsible for a violation.
Sec. 8.01.037. Notification to non-resident owner of criminal
conduct. If criminal conduct occurs on the premises that may create a
chronic criminal nuisance, and the owner of the premises does not
reasonably appear to the city to reside therein, the police department may
cause notice to be sent to the premise's owner advising the owner of the
occurrence of criminal conduct. Notice sent to the owner should set forth
the date of the occurrence, the location of the occurrence, the nature of
the occurrence, and the name of the person who engaged in the
occurrence. Notice may be sent whenever the police department has
reasonable grounds to believe that criminal conduct has occurred on the
Ch. 8.01 KCC —
Chronic Nuisance Housing
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premises. Notice may be sent by first class mail, postage prepaid, to the
last known address of the owner.
Sec. 8.01.040. Authorized act not a public nuisance. No act
which is done or maintained under the express authority of a statute or
ordinance can be deemed a public nuisance.
Sec. 8.01.050. Violation — Penalty.
A. Civil code enforcement action. Any violation of any provision
of this chapter constitutes a civil violation under Ch. 1.04 KCC for which a
monetary penalty may be assessed and abatement may be required as
provided therein. For a violation involving a chronic criminal nuisance, a
correction letter need not be issued under KCC 1.04.070 prior to the
issuance of a Notice of Violation and the immediate assessment of a civil
penalty under KCC 1.04.080.
B. Criminal charge—Misdemeanor. In addition to or as an
alternative to any other penalty provided in this chapter or by law, any
person who violates any provision of this chapter shall be guilty of a
misdemeanor, punishable by imprisonment in jail for a maximum term
fixed by the court of not more than ninety(90) days, or by a fine in an
amount fixed by the court of not more than one thousand dollars ($1,000),
or by both such imprisonment and fine. p ~au t to ^' ' ^^
C. Abatement proceedings. As an alternative to any other
penalty provided in this chapter,
8.01.030(13) abatement proceedings may be instituted under Title 7
GhapteF 4-3 RCW.
D. Repeat violation or failure to abate—Criminal misdemeanor
charge—Chronic criminal nuisance. For the purpose of filing criminal
charges under KCC 1.04.220 for a subsequent violation after a prior
violation is deemed committed, the subsequent violation for a chronic
criminal nuisance must occur within 180 days from the date the prior
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violation was deemed committed. For a chronic criminal nuisance, a
subsequent violation is a single occurrence of criminal conduct.
SECTION 2, — Severabilitv. If any one or more sections,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 3, — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 4, — Effective Date. This ordinance shall take effect and
be in force five thirty (30) days from and after its passage as provided by
law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY
Ch. 8.01 KCC —
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PASSED: day of 2013.
APPROVED: day of 2013.
PUBLISHED: day of 2013.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD MOORE, CITY CLERK
P:\Civil\Ordinance\ChronicNuismceHousing-Ch8-01.doc
Ch. 8.01 KCC -
Chronic Nuisance Housing
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
w^ ° ° Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 10, 2013
TO: Public Safety Committee
SUBJECT: School Speed Zone Traffic Safety Camera Update - Information Only
Information Only
SUMMARY: Acting City Attorney, Pat Fitzpatrick will provide an update on the School
Speed Zone Traffic Safety Camera program.
EXHIBITS: None
Budget Impact: None
zo
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
w^ ° ° Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: September 10, 2013
TO: Public Safety Committee
SUBJECT: Chief of Police Update
INFORMATION ONLY
SUMMARY: Ken Thomas, the city of Kent Police Chief, will provide an update on current
events affecting the police department.
Exhibit: None
Budget Impact: None