HomeMy WebLinkAbout3455Ordinance No. 3455
["Beginning July 1. 1998"]
(Amending or Repealing Ordinances)
Amends Ord 3350
Amended by Ord. 3566 (Sec. 9.02.25)
Repealed by Ord. 3621 (Ch. 9.02)
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ORDINANCE NO. 3 15� SS
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the criminal code by adding
Section 9.02.17 pertaining to destruction, theft, or
abandonment of an electronic home detention or monitoring
device; repealing Section 9.02.18 in its entirety and
replacing it with a new Section 9.02.18 pertaining to escape;
adding Section 9.02.25 pertaining to neglect of a child or
dependent person; adding Section 9.02.52 to the Kent City
Code pertaining to making or having vehicle prowl or
vehicle theft tools; adding Section 9.02.84 pertaining to
possession of drug paraphernalia; repealing Section 9.02.96;
adding Section 9.02.98 pertaining to unlawful possession of
firearms or dangerous weapons at the Kent Commons;
repealing Section 9.02.104, and amending Section 9.02.300
of the Kent City Code pertaining to definitions and
designations of domestic violence;
WHEREAS, Kent Corrections provides electronic home detention as an
alternative to incarcerating persons convicted of misdemeanor crimes which requires
persons to borrow and wear an electronic monitoring device which is leased by the City;
and
WHEREAS, the electronic home detention device is expensive and
subject to intentional destruction, theft, improper use, and abandonment, and Section
9.02.17, which makes the destruction, theft, improper use, and abandonment of the
device a crime, will deter such behavior and provide the City with a remedy for
reimbursement for the destroyed or stolen device; and
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WHEREAS, the current City ordinance for escape does not effectively
address the escape of persons serving a sentence on electronic home detention, and a
new escape ordinance, Section 9.02.18, will provide punishment for those persons who
escape while serving a jail sentence on electronic home detention; and
WHEREAS, persons who are children or who are otherwise dependant
upon others for care cannot effectively provide for their own health and safety, and
Section 9.02.25, which makes it a crime to neglect a child or dependant person, will
protect the child or dependent person from another's neglect that rises to a level of
criminal negligence; and
WHEREAS, those persons who unlawfully enter another's vehicle for
the purposes of taking the vehicle or removing its contents regularly use a number of
adapted tools to enter and take the vehicle, and Section 9.02.52, which makes it a crime
to possess those tools, will deter prospective automobile thieves; and
WHEREAS, the current ordinance prohibiting the possession of drug
paraphernalia does not make simple possession of drug paraphernalia a crime, and
creating a new Section 9.02 84 which makes it a crime to possess drug paraphernalia,
will further the City's interest in preventing the use of controlled substances; and
WHEREAS, the City has previously adopted state statutes relating to the
discharge of dangerous weapons and the display of weapons capable of producing
bodily harm thereby making Sections 9 02.96 and 9.02.104 of the Kent City Code
duplicative and unnecessary, and
WHEREAS, City property commonly known as Kent Commons
regularly hosts meetings, conventions, shows, classes, sporting events, and other
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community events, and the unlawful carrying of certain weapons inside of the Kent
Commons may pose a risk to the public; and
WHEREAS, Section 9 02.98, which restricts the possession of certain
weapons inside of the Kent Commons, will further the City's interest in making the
Kent Commons a safe area to host meetings, conventions, shows, classes, sporting
events, and other community events; and
WHEREAS, Section 9.02.300 of the Kent City Code, which sets forth
the definition of domestic violence, must be amended to make it consistent with other
sections of the Kent City Code; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new section, Section 9.02.17, is added to Chapter 9.02 of
the Kent City Code as follows:
Sec. 9.02.17. Damage, theft, abandonment, or improper use of an electronic
home detention or monitoring device.
A. A person is guilty of damage, theft, abandonment, or improper use of an electronic
home detention or monitoring device i£
1. that person intentionally causes physical damage to any component of the
electronic home detention or monitoring device; or
2. that person intentionally exerts unauthorized control over an electronic
home detention or monitoring device; or
3. that person intentionally abandons the electronic home detention or
monitoring device; or
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4. that person fails to return the electronic home detention or monitoring
device to Kent Corrections or its lawful owner within twenty-four (24)
hours of interrupting or terminating the proper use of the device.
B. A person who violates this section shall be guilty of a gross misdemeanor.
SECTION 2. A new section, Section 9.02.18, is added to Chapter 9.02 of
the Kent City Code as follows:
Sec. 9.02.18. Escape.
A A person is guilty of escape if.
1. without lawful authority, he or she intentionally removes himself or herself
from the custody of a court, police officer, detention facility, registered
location where work is performed pursuant to work release, or registered
location where he or she is serving any portion of jail time on electronic
home monitoring or detention; or
2 he or she fails to return himself or herself to the custody of the court,
police officer, or detention facility following temporary leave lawfully
granted by a court or Kent Corrections.
B. For the purposes of this section, custody means:
1. restraint by a police officer pursuant to a lawful arrest for an offense;
2. restraint pursuant to an order of a court, including but not limited to:
a. the detention of a person pursuant to a court issued arrest warrant,
b a verbal or written order to detain a person during a court
appearance,
C. the detention of a person pending trial;
d. detention of a person pursuant to a sentence of a court;
e. detention of a person pursuant to the revocation of a period of a
sentence initially suspended by a court;
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f. detention of a person pursuant to an electronic home monitoring
or electronic home detention program, regardless of the location
that the person who is in custody is registered or required to be;
g. detention of a person pursuant to a work release program,
regardless of the location that the person who is in custody has
listed or registered as the location of their work.
C. A person who violates this section shall be guilty of a gross misdemeanor.
SECTION 3. A new section, Section 9.02.25, is added to Chapter 9.02 of
the Kent City Code as follows:
Sec. 9.02.25. Neglect of a child or dependent person.
A. A person is guilty of the crime of neglect of a child or dependent person if the
person is a parent of a child, a person entrusted with the physical custody of a
child or other dependent person, or a person employed to provide to the child or
dependent person any of the basic necessities of life, and with criminal
negligence, the person:
1. withholds any of the basic necessities of life; or
2. maintains living conditions that place the child or dependent person at a
significant risk of disease, illness, or bodily injury.
B. In any prosecution for neglect of a child or dependent person, it shall be a defense
that the withholding of the basic necessities of life or the maintenance of living
conditions that place the child or dependent person at a significant risk of disease,
illness, or bodily injury is due to financial inability only if the person charged has
made a reasonable effort to obtain adequate assistance. This defense is available
to a person employed to provide the basic necessities of life only when the agreed-
upon payment has not been made.
C. A person is criminally negligent or acts with criminal negligence when he or she
fails to be aware of a substantial risk that a wrongful act may occur and his or her
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failure to be aware of such substantial risk constitutes a gross deviation from the
standard of care that a reasonable person would exercise in the same situation.
D "Child" means a person under eighteen years of age.
E. "Dependent person" means a person who, because of physical or mental disability
or because of advanced age, is dependent upon another person to provide the basic
necessities of life. A resident of a nursing home as defined in RCW 18.51.010,
a resident of an adult family home as defined in RCW 70.128.010, and a frail
elderly or vulnerable adult as defined in RCW 74.34.020(8), is presumed to be a
dependent person for purposes of this section.
F For the purposes of this section, "bodily injury" means physical pain, injury,
illness, or impairment of physical condition that is more than minor or transient
G. Neglect of a child or dependent person is a gross misdemeanor.
SECTION 4. A new section, Section 9.02.52, is added to Chapter 9.02 of
the Kent City Code as follows:
Sec. 9.02.52. Making or having vehicle prowl or vehicle theft tools.
A. Every person who shall make or mend, or cause to be made or mended, or have
in his or her possession any engine, machine, tool, false key, adapted or altered
key, pick lock, bit, nippers, dent remover, or implement, adapted, designed, or
commonly used for the commission of vehicle prowl or vehicle theft under
circumstances evidencing an intent to use or employ, or allow the same to be used
or employed in the commission of a vehicle prowl or vehicle theft or knowing that
the same is or was intended to be so used, shall be guilty of making or having
vehicle prowl or vehicle theft tools.
B. Malang or having vehicle prowl or vehicle theft tools is a gross misdemeanor
SECTION S: A new section, Section 9.02.84, is added to Chapter 9.02
of the Kent City Code as follows:
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See. 9.02.84. Possession of drug paraphernalia. It is unlawful for any person
to possess drug paraphernalia, as defined in Kent City Code 9.02.80(Y) and RCW
69.50.102. A person who violates this section shall be guilty of a misdemeanor
SECTION b: Section 9.02.96 of the Kent City Code relating to discharge
of firearms or dangerous weapons is hereby repealed in its entirety.
SECTION 7. A new section, Section 9.02.98, is added to Chapter 9.02
of the Kent City Code as follows:
See. 9.02.98. Possession of firearms or dangerous weapons at Kent Commons
— Unlawful.
A. Subject to the exceptions set forth in subsections B and C of this section, it shall
be unlawful for any person to possess a firearm, dagger, sword, knife with a blade
in excess of three inches, or any other weapon apparently capable of producing
bodily harm, inside of the premises known as the Kent Commons located at 525
North Fourth Avenue in the City of Kent
B. The prohibition to possession of a firearm shall not apply to a person licensed to
carry a concealed weapon pursuant to RCW 9.41.070 or a person exempted from
the licensing requirement by RCW 9.41.060, or at
C. This section shall not apply during shows, demonstrations, or lectures involving
the exhibition of firearms or other weapons.
D. For the purposes of this section, firearm means a weapon or device from which
a projectile or projectiles may be fired by an explosive such as gunpowder
E. This section shall only apply to those areas of the Kent Commons which are
within the Kent Commons building or which are contained to an area adjacent to
the building by a temporary barrier during use for an event hosted by the Kent
Commons.
F A person who violates this section shall be guilty of a misdemeanor.
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SECTION 8. Section 9 02.104 of the Kent City Code relating to weapons
apparently capable of producing bodily injury is hereby repealed in its entirety.
SECTION 9. Section 9.02.300 of the Kent City Code is hereby amended
as follows:
Sec. 9.02.300. Domestic violence--Definition--Designation.
A.--- Family or household members means spouses, former spouses, persons who have
a child in common regardless of whether they have been married or have lived
together at any time, adult persons related by blood or marriage, adult persons
who are presently residing together or who have resided together in the past,
persons sixteen (16) years of age or older who are presently residing together or
who have resided together in the past and who have or have had a dating
relationship, persons sixteen (16) years of age or older with whom a respondent
sixteen (16) years of age or older has or has had a dating relationship, and persons
who have a biological or legal parent-child relationship, including stepparents and
stepchildren and grandparents and grandchildren.
B. 2L. Dating relationship means a social relationship of a r-emanirs romantic nature.
Factors that the court may consider in making this determination includes the
length of time the relationship has existed, the nature of the relationship, and the
frequency of interaction between the parties.
C.4- Domestic violence includes, but is not limited to, any of the following crimes
when committed by one family or household member against another:
1.(e} Assault KCC 9.02.28
2.(b} Provoking assault KCC 9.02.30
3.(e4 Crimes of harassment KCC 9�.96 9.02.26
4.(4} Reckless burning in the second degree KCC 9.02.62(C)
5.(,-4 Criminal trespass in the first degree KCC 9.02.54((')
6.(44 Criminal trespass in the second degree KCC 9 02.54(D)
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7.(g) Theft in the third degree KCC 9.02.50(D)
8.(h) Reckless endangerment ' KCC 9.02.24(C)
9.(4) Coercion KCC 9.02.24(D)
10.4) Malicious mischief in the third degree KCC 9.02.62(E)
11 (4} Vehicle prowling in the second degree KCC 9.02.54(F)
12.(44 Violation of a no contact order KCC 9.02.302
13.(1+) Violation of a protecting order KCC 9.02.304
14.(+i4 Violation of a restraining order KCC 9.02.306
15.(e} Violation of civil anti -harassment protection order KCC 9.02.308
16.(p) Interfering with the reporting of domestic violence, Kent City Code
9.02.301.
CA, For the purpose of this section, "victim" means a family or household member
who has been subjected to domestic violence
SECTION 10. - 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.
SECTION]]: - Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after its passage, approval and publication as
provided by law.
WHITE, MAYOR
ATTEST: "
CITY CLERKS-DEPWWJ-
- DOA)A),{ 5WAk)
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APPROVED AS TO FORM:
RO R A. LUBOVICH, CITY ATTO
PASSED: 1/ M day of 07fiY 11999.
APPROVED: !S- tl� day of MA y , 1999.
PUBLISHED: day of M ll X , 1999.
1 hereby certify that this is a true copy of Ordinance No. 3!q,55, passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
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