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HomeMy WebLinkAbout3692Ordinance No. 3692 (Amending or Repealing Ordinances) CFN=0122 Police/Fire Departments Passed 6/1/04 Criminal Code - 2004 Amendment Amends KCC Ch. 9.02 Amends Ord. 3621 and adds Ord. 3877 repeals Sec. 9.02. Amended by Ord. 3878 (Sec. Amended by Ord. 3888 (Sec. Amended by Ord. 3954 (Secs Amended by Ord. 4068 (Sec. new section 060 9.02.070) 9.02.060) 9.02.060;9.02.100) 9.02.150) The date [`Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other deletions or changes have been made to the document — 6/21/2012 ORDINANCE NO. 3107 c. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 of the Kent City Code, entitled "Criminal Code," in order to update the reference to state statutes the City has adopted by reference from the Revised Code of Washington into the Kent City Code due to recent legislative amendments that take effect July 1, 2004, and adopting two additional state laws by reference relating to registration requirements of sex offenders and the duties of trustees. RECITALS A. The City's criminal code, as set forth in Chapter 9.02 of the Kent City Code, adopts by reference various criminal provisions of the Revised Code of Washington ("RCW"). B. Generally, when the state amends sections of the RCW that Kent has adopted by reference, the City must amend its criminal code so that it is consistent with the RCW. C. During the 2004 legislative session, numerous criminal provisions were amended by changing the code numbers of the provisions or by combining penalty sections with the code provisions to which the penalty relates. These amendments take effect July 1, 2004. Criminal Code -2004 Amendment D. In addition to the general housekeeping amendments, the City Council has determined that it would serve the public health, safety, and welfare to adopt RCW 9A.44.130 relating to violations of the requirement of sex offenders to register their addresses with the county sheriff if the underlying sex offense was a misdemeanor and to adopt RCW 9A.82.160 relating to the duties of trustees in lawsuits. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. The following new section 9.02.025, entitled "Session laws not yet codified," is added to the Kent City Code: Sec. 9.02.025. Session laws not yet codified. As the Washington State Legislature adopts new laws, those new laws occasionally become effective before the state's Office of the Code Reviser is able to codify those new laws into the RCW. Accordingly, the following session laws, as currently enacted or as later amended or codified, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. Laws of 2004, Ch. 94 § 1 Cyberstalkmg. SECTION 2. — Amendment. Section 9.02.060 of the Kent City Code, entitled "Title 9 RCW, entitled `Crimes and Punishments' — Adoption by reference," is amended as follows: Sec. 9.02.060. Title 9 RCW, entitled "Crimes and Punishments" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. 2 Criminal Code -2004 Amendment RCW 9.01.055 Citizen immunity if aiding officer, scope - When. RCW 9.01.110 Omission, when not punishable. RCW 9.01.130 Sending letter, when complete. RCW 9.02.050 Concealing birth. RCW 9.03.010 Abandoning, discarding refrigeration equipment. RCW 9.03.020 Permitting unused equipment to remain on premises. RCW 9.03.040 Keeping or storing equipment for sale. RCW 9.04.010 False advertising. RCW 9.04.090 Advertising fuel prices by service stations. RCW 9.08.030 False certificate of registration of animals — False representation as to breed. RCW 9.08.065 Definitions. RCW 9.08.070 Pet animals — Taking, concealing, injuring, killing, etc. — Penalty. RCW 9.08.072 Transferring stolen net animal to a research institution — Penalty. RCW 9.08.078 Illegal sale, receipt, or transfer of net animals - Separate offenses. RCW 9.12.010 Barratry. RCW 9.12.020 Buying, demanding, or promising reward by district judge or deputy. RCW 9.16.005 Definitions. RCW 9.16.010 Removing lawful brands. RCW 9.16.020 Imitating lawful brand. RCW 9.16.030 Counterfeit mark — Intellectual property. RCW 9.16.035 Counterfeiting - Penalties. RCW 9.16.041 Counterfeit items - Seizure and forfeiture. RCW 9.16.050 When deemed affixed. RCW 9.16.060 Fraudulent registration of trademark. RCW 9.16.070 Form and similitude defined. RCW 9.16.080 ROW 9.16.090 Petroleum products improperly labeled or graded. Petr-eleum Penalty. RCW 9.16.100 pr-eduets Use of the words "sterling silver," etc. RCW 9.16.110 Use of words "coin silver," etc. RCW 9.16.120 Use of the word "sterling" on mounting. RCW 9.16.130 Use of the words 'coin silver" on mounting. RCW 9.16.140 Unlawfully marking article made of gold. RCW 9.16.150 "Marked, stamped or branded" defined. 3 Criminal Code -2004 Amendment RCW 9.18.080 Offender a competent witness. RCW 9.18.120 Suppression of competitive bidding. RCW 9.18.130 Collusion to prevent competitive bidding. ReGW 9.18.140 peftalT RCW 9.18.150 Agreements outside state. RCW 9.24.010 Fraud in stock subscription. RCW 9.24.040 Corporation doing business without license. RCW 9.26A.090 Telephone company credit cards — Prohibited acts. RCW 9.26A.100 Definitions. RCW 9.26A.110 Fraud in obtaining telecommunications service — Penalty. RCW 9.26A.120 Fraud in operating coin -box telephone or other receptacle. RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. RCW 9.27.015 Interference, obstruction of any court, building, or residence — Violations. RCW 9.35.030 Soliciting undesired mail. RCW 9.38.010 False representation concerning credit. RCW 9.38.015 False statement by deposit account applicant. RCW 9.38.020 False representation concerning title. RCW 9.40.040 Operating engine or boiler without spark arrester. RCW 9.40. 100 Tampering with fire alarm or fire fighting equipment — False alarm — Penalties. RCW 9.41.010 Terms defined. RCW 9.41.040 Unlawful possession of firearms - Ownership, possession by certain persons - Penal RCW 9.41.050 Carrying firearms. RCW 9.41.060 Exceptions to restrictions on carrying firearms. RCW 9.41.090 Dealer deliveries regulated — Hold on delivery. RCW 9.41.100 Dealer licensing and registration required. RCW 9.4 1.110 Dealer's licenses, by whom granted, conditions, fees - Employees, fingerprinting and background checks - Wholesale sales excepted — Permits prohibited. RCW 9.41.140 Alteration of identifying marks — Exceptions. RCW 9.41.220 Unlawful firearms and parts contraband. RCW 9.41.230 Aiming or discharging firearms, dangerous weapons. RCW 9.41.240 Possession of pistol by person from eighteen to twenty-one. RCW 9.41.250 Dangerous weapons — Penalty. RCW 9.41.260 Dangerous exhibitions. 4 Criminal Code -2004 Amendment RCW 9.41.270 Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions. RCW 9.41.280 Possessing dangerous weapons on school facilities — Penalty — Exceptions. RCW 9.41.300 Weapons prohibited in certain places — Local laws and ordinances — Exceptions — Penalty. RCW 9.41.800 Surrender of weapons or licenses - Prohibition on future possession or licensing. RCW 9.41.8 10 Penalty. RCW 9.44.080 Misconduct in signing a petition. RCW 9.45.060 Encumbered, leased, or rented personal property — Construction. RCW 9.45.070 Mock auctions. RCW 9.45.080 Fraudulent removal of property. RCW 9.45.090 Knowingly receiving fraudulent conveyance. RCW 9.45. 100 Fraud in assignment for benefit of creditors. RCW 9.46.196 Cheating. RCW 9.47A.010 Definition. RCW 9.47A.020 Unlawful inhalation — Exception. RCW 9.47A.030 Possession of certain substances prohibited, when. RCW 9.47A.040 Sale of certain substances prohibited, when. RCW 9.47A.050 Penalty. RCW 9.51.010 Misconduct of officer drawing jury. RCW 9.51.020 Soliciting jury duty. RCW 9.51.030 Misconduct of officer in charge of jury. RCW 9.61.230 Telephone harassment. RCW 9.61.240 Telephone harassment — Permitting telephone to be used. RCW 9.61.250 Telephone harassment — Offense, where deemed committed. RCW 9.62.010 Malicious prosecution. RCW 9.62.020 Instituting suit in name of another. RCW 9.66.010 Public nuisance. RCW 9.66.020 Unequal damage. RCW 9.66.030 Maintaining or permitting nuisance. RCW 9.66.040 Abatement of nuisance. RCW 9.66.050 Deposit of unwholesome substance. RCW 9.68.015 Obscene literature, shows, etc. - Exemptions. RCW 9.68.030 Indecent articles, etc. 5 Criminal Code -2004 Amendment RCW 9.68.050 "Erotic material' - Definitions. RCW 9.68.060 "Erotic material' – Determination by court – Labeling - Penalties. RCW 9.68.070 Prosecution for violation of RCW 9.68.060 - Defense. RCW 9.68.080 Unlawful acts. RCW 9.68. 100 Exceptions to RCW 9.68.050 through 9.68.120. RCW 9.68.010 Motion picture operator or projectionist exempt, when. RCW 9.68.130 "Sexually explicit material' - Defined – Unlawful display. RCW 9.68A.01 I Definitions. RCW 9.68A.080 Processors of depictions of minor engaged in sexually explicit conduct – Report required. RCW 9.68A.090 Communication with minor for immoral purposes. RCW 9.68A.I 10 Certain defenses barred, permitted. RCW 9.68A.120 Seizure and forfeiture of property. RGW 9.69A.140 Definitions. RCW 9.68A.150 Allowing minor on premises of live erotic performance— Definitions—Penalty. RGW 9.68A. 160 Penalty-. RCW 9.69. 100 Duty of witness of offense against child or any violent offense - Penalty. RCW 9.72.090 Committal of witness - Detention of documents. RCW 9.73.010 Divulging telegram. RCW 9.73.020 Opening sealed letter. RCW 9.73.030 Intercepting, recording or divulging private communication – RCW 9.91.010 Denial of civil rights - Terms defined. RCW 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. RCW 9.91.025 Unlawful bus conduct. RCW 9.91.060 Leaving children unattended in a parked automobile. RCW 9.91.140 Food stamps. RCW 9.91.142 Food stamvs – Trafficking 6 Criminal Code -2004 Amendment Consent required – Exceptions. RCW 9.73.050 Admissibility of intercepted communication in evidence. RCW 9.73.070 Persons and activities excepted from chapter. RCW 9.73.080 Penalties. RCW 9.73.090 Certain emergency response personnel exempted from RCW 9.73.030 through RCW 9.73.080 – Standards – Court authorizations - Admissibility. RCW 9.73. 100 Recordings available to defense counsel. RCW 9.73.110 Intercepting, recording, or disclosing private communications - Not unlawful for building owner – Conditions RCW 9.91.010 Denial of civil rights - Terms defined. RCW 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. RCW 9.91.025 Unlawful bus conduct. RCW 9.91.060 Leaving children unattended in a parked automobile. RCW 9.91.140 Food stamps. RCW 9.91.142 Food stamvs – Trafficking 6 Criminal Code -2004 Amendment RCW 9.91.160 Personal protection spray devices. RCW 9.91.170 Interfering with dog guide or service animal. SECTION 3. — Amendment. Section 9.02.070 of the Kent City Code, entitled "Title 9A RCW, entitled `Washington Criminal Code' — Adoption by reference," is amended as follows: Sec. 9.02.070. Title 9A RCW, entitled "Washington Criminal Code" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 9A.04.020 Purposes - Principles of construction. RCW 9A.04.030 State criminal jurisdiction. RCW 9A.04.050 People capable of committing crimes - Capability of children. RCW 9A.04.060 Common law to supplement statute. RCW 9A.04.070 Who amenable to criminal statutes. RCW 9A.04.080 Limitation of actions. RCW 9A.04.090 Application of general provisions of the code. RCW 9A.04.100 Proof beyond a reasonable doubt. RCW 9A.04.110 Definitions. RCW 9A.08.010 General requirements of culpability. RCW 9A.08.020 Liability for conduct of another - Complicity. RCW 9A.08.030 Corporate and personal liability. RCW 9A.12.010 Insanity. RCW 9A.16.010 Definitions. RCW 9A.16.020 Use of force - When lawful. RCW 9A.16.060 Duress. RCW 9A.16.070 Entrapment. RCW 9A.16.080 Action for being detained on mercantile establishment premises for investigation - "Reasonable grounds" as defense. RCW 9A.16.090 Intoxication RCW 9A.16.100 Use of force on children — Policy - Actions presumed unreasonable. 7 Criminal Code -2004 Amendment RCW 9A.28.020 RCW 9A.28.030 RCW 9A.28.040 Criminal attempt. Criminal solicitation. Criminal conspiracy. RCW 9A.36.041 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment. RCW 9A.36.070 Coercion. RCW 9A.36.150 Interfering with the reporting of domestic violence. RCW 9A.40.010 Definitions. RCW 9A.40.070 Custodial interference in the second degree. RCW 9A.40.080 Custodial interference — Assessment of costs — Defense — Consent defense, restricted. RCW 9A.42.010 Definitions. RCW 9A.42.035 Criminal mistreatment in the third degree. RCW 9A.42.040 Withdrawal of life support systems. RCW 9A.42.045 Palliative care. RCW 9A.42.050 Defense of financial inability. RCW 9A.42.080 Abandonment of a dependent person in the third degree. RCW 9A.42.090 Abandonment of a dependent person — Defense. RCW 9A.44.010 Definitions. RCW 9A.44.096 Sexual misconduct with a minor in the second degree. RCW 9A.44.130 Registration of sex offenders and kidnapping offenders — Procedures — Definition — Penalties. RCW 9A.46.010 Legislative finding. RCW 9A.46.020 Definition — Penalties. RCW 9A.46.030 Place where committed. RCW 9A.46.040 Court-ordered requirements upon person charged with crime — RCW 9A.46.090 Violation. RCW 9A.46.050 Arraignment — No contact order. RCW 9A.46.060 Crimes included in harassment. RCW 9A.46.070 Enforcement of orders restricting contact. RCW 9A.46.080 Order restricting contact — Violation. RCW 9A.46.090 Nonliability of peace officer. RCW 9A.46.100 "Convicted," time when. RCW 9A.46.110 Stalking. RCW 9A.48.010 Definitions. RCW 9A.48.050 Reckless burning in the second degree. RCW 9A.48.060 Reckless burning — Defense. 8 Criminal Code -2004 Amendment RCW 9A.48.090 Malicious mischief in the third degree. RCW 9A.48.100 Malicious mischief — "Physical damage" defined. RCW 9A.48.110 Defacing a state monument. RCW 9A.49.001 Findings. RCW 9A.49.010 Definitions. RCW 9A.49.030 Unlawful discharge of a laser in the second degree. RCW 9A.49.040 Civil infraction, when. RCW 9A.49.050 Exclusions. RCW 9A.50.010 Definitions. RCW 9A.50.020 Interference with health care facility. RCW 9A.50.030 Penalty. RCW 9A.52.010 Definitions. RCW 9A.52.050 Other crime in committing burglary punishable. RCW 9A.52.060 Making or having burglar tools. RCW 9A.52.070 Criminal trespass in the first degree. RCW 9A.52.080 Criminal trespass in the second degree. RCW 9A.52.090 Criminal trespass — Defenses. RCW 9A.52.100 Vehicle prowling in the second degree. RCW 9A.52.120 Computer trespass in the second degree. RCW 9A.52.130 Computer trespass — Commission of other crime. RCW 9A.56.010 Definitions. RCW 9A.56.020 Theft — Definition, defense. RCW 9A.56.050 Theft in the third degree. RCW 9A.56.060 Unlawful issuance of checks or drafts. RCW 9A.56.096 Theft of rental, leased, or lease -purchased property. RCW 9A.56.140 Possessing stolen property — Definition — Presumption. RCW 9A.56.170 Possessing property in the third degree. RCW 9A.56.180 Obscuring the identity of a machine. RCW 9A.56.220 Theft of subscription television services. RCW 9A.56.240 Forfeiture and disposal of device used to commit violation. RCW 9A.56.260 Connection of channel converter. RCW 9A.56.270 Shopping cart theft. RCW 9A.60.010 Definitions. RGW 9A.60.040 Criminal imper-sena4ion. RCW 9A.60.045 Criminal impersonation in the second degree. RCW 9A.60.050 False certification. RCW 9A.61.010 Definitions. RCW 9A.61.020 Defrauding a public utility. 9 Criminal Code -2004 Amendment RCW 9A.61.050 Defrauding a public utility in the third degree. RCW 9A.61.060 Restitution and costs. RCW 9A.72.010 Definitions. RCW 9A.72.040 False swearing. RCW 9A.72.050 Perjury and false swearing — Inconsistent statements — Degree of crime. RCW 9A.72.060 Perjury and false swearing — Retraction. RCW 9A.72.070 Perjury and false swearing — Irregularities no defense. RCW 9A.72.080 Statement of what one does not know to be true. RCW 9A.72.085 Unsworn statements, certification. RCW 9A.72.140 Jury tampering. RCW 9A.72.150 Tampering with physical evidence. RCW 9A.76.010 Definitions. RCW 9A.76.030 Refusing to summon aid for a peace officer. RCW 9A.76.040 Resisting arrest. RCW 9A.76.050 Rendering criminal assistance — Definition of term. RCW 9A.76.060 Relative defined. RCW 9A.76.070 Rendering criminal assistance in the first degree. RCW 9A.76.080 Rendering criminal assistance in the second degree. RCW 9A.76.090 Rendering criminal assistance in the third degree. RCW 9A.76.100 Compounding. RCW 9A.76.160 Introducing contraband in the third degree. RCW 9A.76.170 Bail jumping. RCW 9A.76.175 Making a false or misleading statement to a public servant. RCW 9A.80.010 Official misconduct. RCW 9A.82.160 Criminal profiteering lien - Trustee's failure to comply, evasion of procedures or lien. RCW 9A.84.010 RCW 9A.84.020 RCW 9A.84.040 RCW 9A.88.010 RCW 9A.88.030 RCW 9A.88.050 RCW 9A.88.090 RCW 9A.88.110 RCW 9A.88.120 RCW 9A.88.130 RCW 9A.88.140 Riot. Failure to disperse. False reporting. Indecent exposure. Prostitution. Prostitution — Sex of parties immaterial — No defense. Permitting prostitution. Patronizing a prostitute. Additional fee assessments. Additional requirements. Vehicle impoundment. 10 Criminal Code -2004 Amendment SECTION 4. — Amendment. Section 9.02.100 of the Kent City Code, entitled "Ch. 16.52 RCW, entitled `Prevention of Cruelty to Animals' — Adoption by reference," is amended as follows: Sec. 9.02.100. Ch. 16.52 RCW, entitled "Prevention of Cruelty to Animals" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 16.52.011 Definitions — Principles of liability. RCW 16.52.015 Enforcement — Law enforcement agencies and animal care and control agencies. RCW 16.52.080 Transporting or confining in unsafe manner — Penalty. RCW 16.52.085 Removal of animals for feeding — Examination — Notice — Euthanasia. RCW 16.52.090 Docking horses — Misdemeanor. RCW 16.52.095 Cutting ears — Misdemeanor. RCW 16.52.100 Confinement without food and water — Intervention by others. RCW 16.52.117 Animal fighting — Owners, trainers, spectators — Exceptions. RCW 16.52.165 Punishment - Conviction of misdemeanor. RCW 16.52.190 Poisoning animals - Penal . RCW 16.52.200 Sentences — Forfeiture of animals — Liability for costs - Civil penalty — Education, counseling. RCW 16.52.207 Animal cruelty in the second degree. RCW 16.52.210 Destruction of animal by law enforcement officer — Immunity from liability. RCW 16.52.300 Dogs or cats used as bait — Seizure — Limitation. SECTIONS. —Amendment. Section 9.02.130 of the Kent City Code, entitled "Ch. 28A.635 RCW, entitled `Offenses Relating to School Property and Personnel' — Adoption by reference," is amended as follows: Sec. 9.02.130. Ch. 28A.635 RCW, entitled "Offenses Relating to School Property and Personnel" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby 11 Criminal Code -2004 Amendment adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when — Penalty. RCW 28A.635.040 Examination questions — Disclosing — Penalty. RCW 28A.635.050 Certain corrupt practices of school officials - Penalty. RCW 28A.635.090 Interference by force or violence — Penalty. RCW 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful - Penalty. RCW 28A.635.110 Violations under RCW 28A.635.090 and RCW 28A.635.100 — RGW 28 .6335.1.220 Disciplinary authority exception. Violations uncle.. RGW 28A.635.090 and DGAI 28A.635.100-- 8 635innPenalty. Penalty. SECTION 6. — Amendment. Section 9.02.140 of the Kent City Code, entitled "Title 66 RCW, entitled `Alcoholic Beverage Control' — Adoption by reference," is amended as follows: Sec. 9.02.140. Title 66 RCW, entitled "Alcoholic Beverage Control" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 66.04.010 Definitions. RCW 66.12.010 Wine or beer manufactured for home use. RCW 66.28.200 Keg registration - Special endorsement for grocery store licensee - Requirements of seller. RCW 66.28.210 Keg registration - Requirements of purchaser. RCW 66.28.220 Keg registration - Identification of containers - Rules - Fees - Sale in violation of rules unlawful. RCW 66.28.230 Keg registration — Furnishing to minors - Penalties. RCW 66.28.250 Keg registration — Violation constitutes gross misdemeanor. RCW 66.44.010 Local officers to enforce law - Authority of board - Liquor enforcement officers. 12 Criminal Code -2004 Amendment RCW 66.44.040 Sufficiency of description of offenses in complaints, RCW 66.44.300 informations, process, etc. RCW 66.44.060 Proof of unlawful sale establishes prima facie intent. RCW 66.44.070 Certified analysis is prima facie evidence of alcoholic content. RCW 66.44.080 Service of process on corporation. RCW 66.44.090 Acting without license. RCW 66.44. 100 Opening or consuming liquor in a public place — Penalty. RCW 66.44.120 Unlawful use of seal. RCW 66.44.130 Sales of liquor by drink or bottle. RCW 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp RCW 66.44.325 or seal - Unlawful operation, possession of still or mash. RCW 66.44.150 Buying liquor illegally. RCW 66.44.160 Illegal possession, transportation of alcoholic beverages. RCW 66.44.170 Illegal possession of liquor with intent to sell - Prima facie evidence, what is. RCW 66.44.175 Violations of law. RCW 66.44.180 General penalties — Jurisdiction for violations. RCW 66.44.200 Sales to persons apparently under the influence of liquor - Purchases or consumption by persons apparently under the influence of liquor on licensed premises - Penalty - Notice - Separation of actions. RCW 66.44.2 10 Obtaining liquor for ineligible person. RCW 66.44.240 Drinking in public conveyance — Penalty against carrier — Exception. RCW 66.44.250 Drinking in public conveyance — Penalty against individual — Restricted application. RCW 66.44.270 Furnishing liquor to minors — Possession, use — Exhibition of effects — Exceptions. RCW 66.44.280 Minor applying for permit. RCW 66.44.290 Minor purchasing or attempting to purchase liquor — Penalty. RCW 66.44.291 Minor purchasing or attempting to purchase liquor — Penalty 13 Criminal Code -2004 Amendment against persons between ages of eighteen and twenty, inclusive. RCW 66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold. RCW 66.44.3 10 Minors frequenting off-limits area — Misrepresentation of age — Penalty — Classification of licensees. RCW 66.44.316 Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment. RCW 66.44.318 Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine. RCW 66.44.325 Unlawful transfer to a minor of an identification of age. 13 Criminal Code -2004 Amendment RCW 66.44.328 Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card — Penalty. RCW 66.44.340 Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers. RCW 66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers. RCW 66.44.370 Resisting or opposing officers in enforcement of title. SECTION 7. — Amendment. Section 9.02.150 of the Kent City Code, entitled "Title 69 RCW, entitled `Food, Drugs, Cosmetics, and Poisons' — Adoption by reference," is amended as follows: Sec. 9.02.150. Title 69 RCW, entitled "Food, Drugs, Cosmetics, and Poisons" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. RCW 69.41.010 Definitions. RCW 69.41.030 Sale, delivery, or possession of legend drug without prescription or order prohibited — Exceptions - Penal RCW 69.41.050 Labeling requirements. RCW 69.41.060 Search and seizure. RGW 69.41.070 Penalties. RCW 69.41.072 Violations of chapter 69.50 RCW not to be chareed under chapter 69.41 RCW — Exception. RCW 69.41.320 Practitioners — Restricted use — Medical records. RCW 69.41.350 Penalties. RCW 69.43.010 Report to state board of pharmacy -List of substances - Modification of list -Identification of purchasers -Report of transactions -Penalties. RCW 69.43.020 Receipt of substance from source outside state -Report -Penalty. RCW 69.43.030 Exemptions. RCW 69.43.035 Suspicious transactions -Report -Penalty. RCW 69.43.040 Reporting form. RCW 69.43.043 Recordkeeping requirements -Penalty. RCW 69.43.048 Reporting and recordkeeping requirements -Submission of computer readable data, copies of federal reports. RCW 69.43.090 Permit to sell, transfer, furnish, or receive substance - Exemptions -Application for permit -Fee -Renewal -Penalty. 14 Criminal Cade -2004 Amendment RCW 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine -Sales restrictions -Penalty. RCW 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine -Possession of more than fifteen grams -Penalty -Exceptions. RCW 69.43.130 Exemptions -Pediatric products -Products exempted by the state board of pharmacy. RCW 69.50.101 Definitions. RCW 69.50.102 Drug paraphernalia – Definitions. RCW 69.50.202 Nomenclature. RCW 69.50.204 Schedule I. RCW 69.50.206 Schedule II. RCW 69.50.208 Schedule III. RCW 69.50.210 Schedule IV. RCW 69.50.212 Schedule V. RC -3A169.50.401 RCW 69.50.4014 Prohibited aets. A Penakies. Possession of forty grams or less of marihuana—Penalty., RCW 69.50.404 Penalties under other laws. RCW 69.50.407 Conspiracy. RCW 69.50.408 Second or subsequent offenses. RCW 69.50.412 Prohibited acts: E – Penalties. RCW 69.50.4121 Drug paraphernalia – Selling or giving – Penalty. RCW 69.50.425 Misdemeanor violations – Minimum imprisonment. SECTION 8. – Savings. The existing sections of the Kent City Code, which are repealed, replaced, and/or amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 9. – Severability. If any one or more section, 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 10. –Effective Date. This ordinance shall take effect and be in force on July 1, 2004. 15 Criminal Code -2004 Amendment ATTEST: Z� BRENDA JACOBEPktITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of June, 2004. APPROVED: _–L— day of June, 2004. PUBLISHED: _6 day of June, 2004. I hereby certify that this is a true copy of Ordinance No. 36 901, passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. PWiwW MNAW Mnm—rW[An ZW dau'44-� (SEAL) BRENDA JACOBEV, CITY CLERK 16 Criminal Code -2004 Amendment