HomeMy WebLinkAbout3716Ordinance No. 3716
(Amending or Repealing Ordinances)
CFN=122 - Police/Fire Departments
Passed - 10/5/04
Violation Seattle -King County Dept. of Public Health Order (new subsection
9.02.335)
New Section 9.02.335 added
ORDINANCE NO. I 711
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the Kent City Code to add
a new section 9.02.335 making it a crime in the City of
Kent to violate an order issued by the Seattle -King County
Department of Public Health under the authority of Ch.
64.44 RCW.
RECITALS
A. Ch 64.44 RCW provides that when law enforcement becomes aware
that property has been contaminated by hazardous chemicals used in the manufacture of
illegal drugs, that agency is to report the contamination to the local health department,
which for King County is the Seattle -King County Department of Public Health
("Health Department").
B. In the event an officer from the Health Department determines that the
property is unfit for use, the officer may issue, serve, and post an order prohibiting
entry and use of the property. Under the Health Department's regulations, any person
who violates an order of the Health Department is guilty of a misdemeanor, which is
punishable by a fine up to five hundred dollars ($500), or imprisonment in jail up to
ninety (90) days, or both.
Violation Seattle -King County
Dept. of Public Health Order
C. Generally, the Health Department's regulations are enforced by the King
County Sheriff's Office. However, the King County Sheriff has no jurisdiction to
enforce criminal charges within the City limits of Kent. Moreover, unless the City
makes it a crime to violate a Health Department order, the City is without jurisdiction
to enforce the King County provision that makes it a crime to violate an order of the
King County Health Department.
D. This ordinance adds a section to the City's criminal code making it
crime to violate, remove, or damage an order of the Health Department. This
amendment would allow the City to arrest someone who enters upon or uses property in
violation of a Health Department order or who removes or damages such order.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION]. —Amendment Ch. 9.02 of the Kent City Code, entitled "Criminal
Code," is amended by adding a new subsection 9.02.335 as follows:
Sec. 9.02.335. Contaminated property - Order of Seattle -King County
Department of Public Health prohibiting use or entry — Violation.
A. Whenever an order is issued pursuant to RCW 64.44.030, as that law is now
enacted or later amended or recodified, which restrains a person or the public from
entering upon or using property, and that order is posted in a conspicuous place on the
property, a violation of the provisions restraining use or entry shall be a gross
misdemeanor punishable by imprisonment in jail for a maximum term fixed by the
court of not more than one (1) year, or by a fine in an amount fixed by the court of not
more than five thousand dollars ($5,000), or by both such imprisonment and fine.
2 Violation Seattle -King County
Dept. of Public Health Order
B. Whenever an order is issued pursuant to RCW 64.44.030, as that law is now
enacted or later amended or recodified, which restrains a person or the public from
entering upon or using property, and that order is posted in a conspicuous place on the
property, the removal or damage of such order shall be a gross misdemeanor punishable
by imprisonment in jail for a maximum term fixed by the court of not more than one (1)
year, or by a fine in an amount fixed by the court of not more than five thousand dollars
($5,000), or by both such imprisonment and fine.
SECTION Z — 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 3. — Effective Date This ordinance shall take effect and be in force
thirty (30) days from and after its passage as
ATTEST:
BRENDA JACOBER, MTY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
3
by law.
M:
Violation Seattle -King County
Dept. of Public Health Order
PASSED: day of October, 2004.
APPROVED: Jr day of October, 2004.
PUBLISHED: % day of October, 2004.
I hereby certify that this is a true copy of Ordinance No. 3 716
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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BRENDA JACOBE CITY CLERK
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4 Violation Seattle King County
Dept. of Public Health Order