HomeMy WebLinkAbout3080Ordinance No. 3080
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
REPEALED By Ord. 3477
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ORDINANCE NO. D S O
AN ORDINANCE of the City Council of the
City of Kent, Washington, adopting and
enacting a new code for the City of Kent,
Washington; providing for procedure for
amending and supplementing such code;
providing for the interpretation of footnotes
and history notes; providing for the repeal of
certain ordinances not included therein and
not saved from repeal in this ordinance;
providing a penalty for the violation thereof;
providing for the intent of the City Council
in amending such code; and providing when such
code and this ordinance shall become
effective.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The Code entitled "Kent City Code" published
by Municipal Code Corporation consisting of Titles 1 through 15,
each inclusive, with the exception of. Chapter 5.10 entitled
"Massage Parlors and Bathhouses", which is hereby repealed, is
adopted.
Section 2. The procedure for amending such Code shall be
as follows:
(a) All ordinances passed subsequent to this Code which
amend, repeal or in any way affect this Code may be numbered in
accordance with the numbering system of this Code and printed for
inclusion herein. In the case of repealed chapters, section and
subsections or any part thereof by subsequent ordinances, such
repealed portions may be excluded from the Code by omission from
reprinted pages affected thereby. The subsequent ordinances as
numbered and printed, or omitted in the case of repeal, shall be
prima facie evidence of such subsequent ordinances until such time
that this Code and subsequent ordinances numbered or omitted are
readopted as a new Code by the City Council.
(b) Amendments to any of the provisions of this Code may
be made by amending such provisions by specific reference to the
section or subsection number of this Code in the following or
similar language: "That section of the Kent City Code
is hereby amended to read as follows: . . . " The new provisions
shall then be set out in full as desired.
(c) If a new section or subsection not heretofore
existing in the Code is to be added, the following language may be
used: "That the Kent City Code is hereby amended by adding a
section to be numbered which section or
subsection shall read as follows: . . . " The new section shall
then be set out in full as desired.
(d) Repeal of any of the provisions of this Code may be
effected by repealing such provisions by specific reference to the
section or subsection number of this Code in the following or
similar language: "That section of the Code of Kent,
Washington, is hereby repealed in its entirety."
(e) Every ordinance introduced which proposes to amend
or repeal any portion of this Code shall show, by proper reference,
the title, chapter and section proposed to be amended; or, if it
proposes to add to this Code a new title, chapter or section, it
shall indicate, with reference to the arrangement of this Code, the
proper number of such title, chapter or section.
Section 3. The procedure for supplementing such Code
shall be as follows:
(a) By contract or by City personnel, supplements to
this Code shall be prepared and printed. A supplement to the Code
shall include all substantive permanent and general parts of
ordinances adopted during the period covered by the supplement and
all changes made thereby in the Code. The pages of a supplement
shall be so numbered that they will fit properly into the Code and
will, where necessary, replace pages which have become obsolete or
partially obsolete, and the new pages shall be so prepared that,
when they have been inserted, the Code will be current through the
date of the adoption of the latest ordinance included in the
supplement.
(b) In preparing a supplement to this Code, all portions
of the Code which have been repealed shall be excluded from the
Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the
codifier (meaning the person, agency or organization authorized to
prepare the supplement) may make formal, nonsubstantive changes in
ordinances and parts of ordinances included in the supplement,
insofar as it is necessary to do so to embody them into a unified
code. For example, the codifier may:
(1) organize the ordinance material into
appropriate subdivisions;
(2) Change the words "this ordinance" or words of
the same meaning to "this title," "this chapter," "this part,"
"this section," etc., as the case may be, or to "sections
to " (inserting section numbers to indicate the sections
of the Code which embody the substantive sections of the ordinance
incorporated into the Code); and
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(3) Make other nonsubstantive changes necessary to
preserve the original meaning of ordinance sections inserted into
the Code, but in no case shall the codifier make any change in the
meaning or effect of ordinance material included in the supplement
or already embodied in the Code.
Section 4. All references to titles, chapters or
sections are to the titles, chapters and sections of this Code
unless otherwise specified. The references and editor's notes
appearing throughout the Code are not intended to have any legal
effect, but are merely intended to assist the user of the Code.
The history notes appearing in parentheses after sections of this
Code are not intended to have any legal effect but are merely
intended to indicate the source of matter contained in the section.
Section 5. All ordinances of a general and permanent
nature enacted on or before October 6, 1992, and not included in
the Code or recognized and continued in force by reference therein,
are repealed.
Section 6. Nothing in the Code or this ordinance
adopting the Code shall be construed to repeal or otherwise affect
the validity of any of the following when not inconsistent with the
Code:
(a) Any offense or act committed or done or any penalty
or forfeiture incurred or any contract or right established or
accruing before the effective date of this Code;
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(b) Any ordinance promising or guaranteeing the payment
of money for the City; or authorizing the issuance of any bonds of
the City; or any evidence of the City's indebtedness;
(c) Any contract or obligation assumed by the City;
(d) Any right or franchise granted by the City;
(e) Any ordinance dedicating, naming, establishing,
locating, opening, paving, widening, vacating, etc., any street or
public way in the City;
(f) Any ordinance establishing or prescribing grades for
streets in the City;
(g) Any appropriation ordinance or ordinances providing
for the levy of taxes or for adopting or amending the annual City
budget;
(h) Any ordinance relating to local improvements and
assessments therefor;
(i) Any ordinance annexing territory to the City or
discontinuing territory as a part of the City or amending the
boundaries of the City;
(j) Any ordinance regulating subdivision of land or
dedicating or accepting any plat or subdivision in the City;
(k) Any ordinance or resolution establishing or amending
personnel rules or regulations;
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(1) Any ordinance or resolution prescribing any utility
rates, and other charges or fees;
(m) Any ordinance prescribing traffic regulations for
specific streets, such as ordinances establishing speed limits or
designating one-way streets, no parking areas, truck routes, stop
intersections, intersections where traffic to be controlled by
signals, etc.;
(n) Any ordinance amending the zoning map or rezoning
property;
(o) Any ordinance calling an election or prescribing the
manner of conducting the election in accordance with state law;
(p) Any ordinance prescribing any fee or payment of
money to the City for licenses or any other fee or tax;
(q) Any ordinance prescribing the number, classifi-
cation, benefits or compensation of any City officers or employees,
not inconsistent herewith;
(r) Any ordinance which is temporary although general in
effect;
(s) Any ordinance which is special although permanent in
effect;
(t) Any ordinance containing any administrative
provisions.
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All such ordinances shall remain in effect and are on
file in the City Clerk's office.
Section 7. The repeal provided for in Section 6 hereof
shall not be construed to revive any ordinance or part thereof that
has been repealed by a subsequent ordinance that is repealed by
this ordinance.
Section 8. Nothing in the Code or this ordinance
adopting the Code shall affect any offense or act committed or
done, or any penalty of forfeiture incurred, or any contract or
right established or accruing before the effective date of the
Code. The adoption of the Code shall not be interpreted as
authorizing or permitting any use or the continuance of any use of
a structure or premises in violation of any ordinance of the City
in effect on the date of adoption of the Code.
Section 9. Unless another penalty is expressly provided,
every person convicted of a violation of any provision of the Code
or any ordinance, rule or regulation adopted or issued in pursuance
thereof, shall be punished by a fine not to exceed five thousand
dollars ($5,000.00) or a term of imprisonment not to exceed one (1)
year, or both a fine and term of imprisonment. Each act of
violation and each day upon which any such violation shall occur
shall constitute a separate offense. The penalty provided by this
section, unless another penalty is expressly provided shall apply
to the amendment of any Code section whether or not such penalty is
reenacted in the amendatory ordinance. In addition to the penalty
prescribed above, the City may pursue other remedies such as
abatement of nuisances, injunctive relief, and revocation of
licenses or permits.
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Section 10. Additions or amendments to the Code when
passed in the form as to indicate the intention of the City Council
to make the same a part of the Code shall be deemed to be
incorporated in the Code, so that reference to the Code includes
the additions and amendments.
Section 11. Ordinances adopted after October 6, 1992,
that amend or refer to ordinances that have been codified in the
Code, shall be construed as if they amend or refer to like
provisions of the Code.
Section 12. Section 9.02.036 of the Kent City Code as
adopted herein entitled "Disorderly conduct" is amended to read as
follows:
Sec. 9.02.36. Disorderly Conduct.
A person is guilty of disorderly conduct if he:
1. Uses abusive language and thereby intentionally
creates a ((fear)) risk of assault;
2. Intentionally disrupts any lawful assembly or
meeting of persons without lawful authority; or
3. Intentionally obstructs vehicular or pedestrian
traffic without lawful authority.
Disorderly conduct is a misdemeanor.
Section 13. Section 9.02.104 of the Kent City Code as
adopted herein entitled "Weapons apparently capable of producing
bodily harm, carrying, exhibiting, displaying or drawing unlawful;
penalty; exceptions" is hereby amended as follows:
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See. 9.02.104. Weapons apparently capable of producing
bodily harm, carrying, exhibiting, displaying or draping
unlawful; penalty; exceptions.
A. It shall be unlawful for anyone to carry, exhibit,
display or draw any firearm, dagger, sword, knife
or other cutting or stabbing instrument, club or
any other weapon apparently capable of producing
bodily harm in a manner, under circumstances, and
at a time and place that either manifests an intent
to intimidate another or that warrants alarm for
the safety of other persons. Any person violating
the provisions of this subsection shall be guilty
of a misdemeanor. A violation of this section
shall upon conviction be punishable as a
misdemeanor under state law.
B. Subsection A. of this section shall not apply to or
affect the following:
1. Any act committed by a person while in his
place of abode or fixed place of business;
2. Any person who by virtue of his office or
public employment is vested by law with a duty
to preserve public safety, maintain public
order or make arrests for offenses while in
the performance of such duty;
3. Any person acting for the purpose of
protecting himself against the use of
presently threatened unlawful force by another
or for the purpose of protecting another
against the use of such unlawful force by a
third person;
4. Any person making or assisting in making a
lawful arrest for the commission of a felony;
or
5. Any person engaged in military activities
sponsored by the federal or state government.
((A vie-latren—ef this seetien shall, upeft
eenvietien, be punishable as a MiBdefaeaner
angerrstate law : ) )
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Section 14. Section 9.02.106 of the Kent City Code as
adopted herein entitled "Sale, manufacture, possession of certain
weapons" is amended to read as follows:
Sec. 9.02.106. sale, manufacture, possession of certain
weapons.
A. It shall be unlawful for anyone to sell,
manufacture, purchase, possess or carry:
1. Any device commonly known as nunchuka sticks,
consisting of two (2) or more lengths of wood,
metal, plastic or similar substance connected
with wire, rope or other means; or
2. Any device commonly known as throwing stars,
which are multipointed, metal objects designed
to embed upon impact from any aspect in a
manner, under circumstances, and at a time and
place that either manifests an intent to
intimidate another or that warrants alarm for
the safety of other persons.
B. It shall be unlawful for anyone to manufacture,
sell or dispose of or have in his possession any
instrument or weapon of the kind usually known as a
slung shot, sand club, metal knuckles, spring blade
knife or any knife the blade of which is
automatically released by a spring mechanism or
other mechanical device or any knife having a blade
which opens or falls or is ejected into position by
the force of gravity or by an outward, downward, or
centrifugal thrust or movement.
C. Anyone who shall furtively carry with intent to
conceal any dagger, dirk, pistol, or other
dangerous weapon as previously outlined, or who
shall use any contrivance or device for suppressing
the noise of any firearm shall be guilty of a
misdemeanor as provided under state law.
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Section 15. This ordinance shall become effective thirty
(30) days after its final passage ap prgvided by law.
D KELLEHER, MAYOR
ATTEST:
BRENDA JACOBER, C Y LERK
APPROVED AS TO FORM:
ROG R A. L BOVI , TY AT
PASSED the % �% day of
APPROVED the day of
PUBLISHED the day of
, 1993.
, 1993.
, 1993.
I hereby certify that this is a true and correct copy of
Ordinance No. 3 GS0 , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
code.ord
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BRENDA JACOBE , C Y CLERK
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