HomeMy WebLinkAbout3836Ordinance No. 3836
(Amending or Repealing Ordinances)
CFN=122 — Police/Fire Departments
Passed — 4/17/2007
Tamper or Interfere with Property
New Section 9.02.195
ORDINANCE NO. 3836
AN ORDINANCE of the city council of the city of
Kent, Washington, amending Chapter 9 02 of the Kent
City Code to add a new section 9.02.195, entitled
"Tampering or interfering with the property of another."
RECITALS
A. Occasionally, citizens call the police to report that another person
has somehow tampered with or interfered with their property by depositing
garbage, yard waste, and other debris on their property without permission or
taking their property and throwing it in a lake or river. Current statutes and city
ordinances do not provide a sufficient tool for the city to investigate and prosecute
this type of conduct. In an effort to deter this type of activity, police officers need
to be able to investigate and arrest persons who tamper or interfere with the
property of another, and prosecutors need to be able to request restitution for
those citizens who have had to expend time, effort, and financial resources fixing
the damage. This ordinance will afford police officers and prosecutors the tool
necessary to address these concerns.
B. The Kent City Council has determined that it is in the interest of the
public health, safety, and welfare to make it a crime to tamper or interfere with the
property of another.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
1 Tamper or Interfere With Property
Amend KCC 9.02.195
ORDINANCE
SECTION 1. - Amendment. Chapter 9.02 of the Kent City Code is
amended to add a new section 9 02.195, entitled "Tampering or interfering with
the property of another," as follows:
Sec. 9.02.195. Tampering or interfering with the property of
another prohibited - Penalty.
A. A person commits the offense of tampering or interfering with the property
of another if, without privilege, permission, or license to do so, he or she
intentionally tampers or interferes with the property of another.
B. For the purposes of this section, the terms "tampers" or "interferes" include,
but are not limited to:
1. Discarding items belonging to another;
2. Withholding the property of another; or
3. Placing of a substance, such as a bodily fluid or bodily waste, food
products, food waste or food containers, dying or dead vegetation, trash, or other
object, upon the property of another thereby creating the need for an expenditure
of effort, time, money, or other activity in order to return the property to its
previous condition.
C. Tampering or interfering with the property of another is a misdemeanor.
SECTION 2. - Severability. If any one or more sections, subsections, or
ences of this ordinance are held to be unconstitutional or invalid, such decision
I not affect the validity of the remaining portion of this ordinance and the same
I remain in full force and effect.
SECTION 3. - Effective Date. This ordinance shall take effect and be in
thirty (30) days from and after its passage as provided by law.
OKE, MAYOR
2 rYamper or Interfere With Property
Amend KCC 9.02.195
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APPROVED AS TO FORM:
T BRUBAKER, CITY ATTORNEY
PASSED: /7 day of April, 2007.
APPROVED: y1Q day of April, 2007.
PUBLISHED: � day of April, 2007.
I hereby certify that this is a true copy of Ordinance No. 3&3(o 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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3 Tamper or Interfere With Property
Amend KCC 9.02.195