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Home My WebLink About3419Ordinance No. 3419 ["Beginning July 1, 1998"] (Amending or Repealing Ordinances) Repealed by Ord. 3621 (Ch. 9.02) ORDINANCE NO. 3 y I / AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City Code entitled "Criminal Code" by adopting by reference certain provisions of the Revised Code of Washington relating to counterfeit or false trademarks, and declaring a public emergency necessary for the protection of public health, safety, and welfare. WHEREAS, providing law enforcement with the ability to enforce laws that prohibit the sale of or display of counterfeit goods would protect the welfare ands safety of the citizens of Kent; and WHEREAS, RCW 39.34.180 requires cities such as the City of Kent toy prosecute all misdemeanor and gross misdemeanor offenses committed by adults in its jurisdiction; and WHEREAS, RCW 35A.11.090 and RCW 35A.12.130 allow for adoption of emergency ordinances; and WHEREAS, due to the current inability to file charges for selling displaying counterfeit goods, the enactment of an emergency ordinance is appropriate and necessary for the protection of the health, safety, and welfare of the public, THEREFORE, False SECTION 1. The City Council hereby declares an emergency, pursuar. to RCW 35A.11.090 and RCW 35A.12.130, to allow for immediate enactment of thi ordinance for the protection of the health, safety, and welfare of the public. SECTION 2. Chapter 9.02 of the Kent City Code is hereby amended b; adding a new section, 9.02.60, as follows: See. 9.02.60. Counterfeit or false trademark or brand. The followin; sections of Chapter 9.16 of the Revised Code of Washington (RCW), with the exceptiol of those provisions contained therein for which a violation constitutes a felony crime are hereby adopted by reference as currently enacted and as hereinafter amended fron time to time, and shall be given the same force and effect as if set forth herein in full. A. RCW 9.16.020 Imitating lawful brand. B. RCW 9.16.030 Counterfeiting trademark, brand, etc. C. RCW 9.16.040 Displaying goods with false trademark. D. RCW 9.16.050 When deemed affixed. E. RCW 9.16.060 Fraudulent registration of trademark. F. RCW 9.16.070 Form and similitude defined. G. RCW 9.16.150 "Marked, stamped, or branded" defined. SECTION 3. The sections of Chapter 9.16 of the Revised Code Washington adopted by reference in Section 2 above, are attached hereto as Exhibit A. SECTION 4. Severability. 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. 2 False Trademark SECTION S. Effective Date. This emergency ordinance shall take effect and be in force immediately upon adoption. ATTEST: CLERK APPROVED AS TO FORM: A. LUBOVICH " Z� a JI HITS, MAYOR PASSED: /S day of '1998. APPROVED: /lo day of1998. PUBLISHED: day of '1998. ff I hereby certify that this is a true copy of Ordinance No. 3qI , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. Ce4-6"SEAL) BRENDA JAC CITY CLERK P 1LA%V\0RDINANC\Couoterfeit Ordmw,,e.doe 3 False Trademark RCW 9.16.020 Imitating lawful brand. . Every person who, in any county, places upon any property, any brand or mark in the likeness or similitude of another brand or mark filed with the county auditor of such county by the owner thereof as a brand or mark for the designation or identification of a like kind of property, is: (1) If done with intent to confuse or com- mingle such property with, or to appropriate to his or her own use, the property of such other owner, guilty of a felony, and be punished by imprisonment in a state correctional facility for not more than five years, or by imprisonment in the county jail for not more than one year, or by a fine of not more than one thousand dollars, or by both fine and imprisonment; or (2) If done without such intent, guilty of a misdemeanor. [1992 c 7 § 4; 1909 c 249 § 343; RRS § 2595.1 RCW 9.16.030 Counterfeiting trademark, brand, etc. Every person who shall use or display or have in his possession with intent to use or display, the genuine label. trademark, term, design, device, or form of advertisement of any person, corporation, association or union, lawfully riled for record in the office of the secretary of state, or the exclusive right to use which is guaranteed to any person, corporation, association or union, by the laws of the United States, with- out the written authority of such person, corpora- tion, association or union, or who shall wilfully forge or counterfeit or use or display or have in his possession with intent to use or display any representation, likeness, similitude, copy or imitation of any genuine label, trademark, term, design, device, or form of advertisement, so filed or protected, or any die, plate, stamp or other device for manufacturing the same, shall be guilty of a gross misdemeanor. [ 1909 c 249 § 344; Code 1881 § 854; 1873 p 194 § 63; 1854 p 85 § 87; RRS § 2596.1 RCW 9.16.040 Displaying goods with false trademark. Every person who shall knowingly sell, display or advertise, or have in his possession with intent to sell, any goods, wares, merchandise, mixture, preparation or compound having affixed thereto any label, trademark, term, design, device, or form of advertisement lawfully filed for record in the office of the secretary of state by any person; corporation, association or union, or the exclusive right to the use of which is guaranteed to such person, corporation, association or union under the laws of the United States, which label, trademark, term, design, device or form of adver- tisement shall have been used or affixed thereto without the written authority of such person. corporation, association or union, or having affixed thereto any forged or counterfeit representation, likeness, similitude, copy or imitation thereof, shall be guilty of a misdemeanor. [1909 c 249 § 345; RRS § 2597.] NOTES: Trademark registration: Chapter 19.77 RCW. RCW 9.16.050 When deemed affixed. A label, trademark, term, design, device or form of advertisement shall be deemed to be affixed to any goods, wares, merchandise, mixture. preparation or compound whenever it is in any manner placed in or upon either the article itself, or the box, bale, barrel, bottle, case, cask or other vessel or package, or the cover, wrapper, stopper, brand, label or other thing in, by or with which the goods arc packed, enclosed or otherwise prepared for sale or distribution. [1909 c 249 § 346; RRS § 2598.1 RCN 9.16.060 Fraudulent registration of trade- mark. Every person who shall for himself, or on behalf of any other person, corporation, association or union, procure the riling of any label, trade- mark, term, design, device or form bf advertise- ment, with the secretary of state by any fraudulent means, shall be guilty of a misdemeanor. [1909 c 249 § 347; RRS § 2599.) NOTES: Trademark registration: Chapter 19.77 RCW. RCW 9.16.070 Form and similitude defined. A plate, label, trademark, tern, design, device or form of advertisement is in the form and simili- tude of the genuine instrument imitated if the finished parts of the engraving thereupon shall resemble or conform to the similar parts of the genuine instrument. [ 1909 c 249 § 348; RRS § 2600.) RCW 9.16.150 "Marked, stamped or brand-. ed," defined. An article shall be deemed to be "marked, stamped or branded" whenever such article, or any box, package, cover or wrapper in which the same is enclosed, encased or prepared for sale or delivery, or any card, label or placard with which the same may be exhibited or displayed, is so marked, stamped or branded. [1909 c 249 § 433; RRS § 2685.1 EXHIBIT.