HomeMy WebLinkAbout3309ORDINANCE NO. 3307
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending sections 9.02.16 and 9.02.20 of
the Kent City Code relating to obstructing, interfering with and
resisting public officers.
WHEREAS, the Kent City Code provides that the crimes of obstructing,
interfering with or resisting public officers is a misdemeanor which is inconsistent with
state law that provides that violations of said crimes is a gross misdemeanor; and
WHEREAS, the City Council desire to amend the City Code to make such
violations gross misdemeanors to be consistent with state law and to make other related
amendments; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.02.16 of the Kent City Code is hereby amended to
read as follows:
Sec. 9.02.16. Obstructing public officers.
A. A person is guilty of obstructing a public officer if, with knowledge that the
person is a public officer, he or she:
1. Intentionally and physically interferes with a public officer;
2. Intentionally hinders or delays a public officer by disobeying an order to stop
given by such officer;
3. Intentionally refuses to cease an activity or behavior that creates a risk of
injury to any person when ordered to do so by a public officer;
4. Intentionally destroys, conceals or alters or attempts to destroy, conceal or
alter any material which he or she knows the public officer is attempting to
obtain, secure, or preserve during an investigation, search or arrest; or
5. Intentionally refuses to leave the scene of an investigation of a crime while
an investigation is in progress after being requested to leave by a public
officer.
6. Intentionally hinders or delays a public officer in the discharge of his or her
official duties by making any untrue or misleading statement, report or
identification.
B. No person shall be convicted of violating this section if the judge determines
with respect to the person charged with violating this section that the public officer is not
acting lawfully in a governmental function.
C. For purposes of this section a public officer means those individuals responsible
for the enforcement of the provisions in the Code and empowered to make arrest for
offenses under the Code or those individuals responsible for the enforcement of the
criminal laws of the state.
D. Obstructing a public officer is a gross misdemeanor.
SECTION 2. Section 9.02.20 of the Kent City Code is hereby amended to
read as follows:
Sec. 9.02.20. Interfering with or resisting public officers.
A. A person is guilty of resisting arrest if he or she intentionally prevents or attempts
to prevent a peace officer from lawfully arresting him or her.
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B. Interfering with or resisting arrest is a gross misdemeanor.
SECTION 3. If any one or more sections, sub -sections, 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 4. This Ordinance shall take effect and be in force thirty (30) days
from and after its passage, approval and publication as provided by
JIN/�NHITE, MAYOR
ATTEST:
BRENDA JACOB , ITY CLERK
APPROVED AS TO FORM:
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PASSED day of , 1996.
APPROVED day of , 1996.
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PUBLISHED day of 1996.
I hereby certify that this is a true copy of Ordinance No. -J3-02, passed by the
City Council of the City of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
902ob.ord
SEAL)
BRENDA JAC ER, ITY CLERK
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