HomeMy WebLinkAbout3835Ordinance No. 3835
(Amending or Repealing Ordinances)
CFN=122 — Police/Fire Departments
Passed — 4/17/2007
Vehicle Trespass
New Section 9.02.265
ORDINANCE NO. ,3835'
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 9.02.265, entitled
"Vehicle trespass."
RECITALS
A. Vehicle theft and vehicle prowl have become a region -wide problem.
While vehicle prowl requires the prosecutor prove that a person intended to
commit a crime with the vehicle after he or she unlawfully entered the vehicle,
there are occasions when the police officer interrupts the prowler, and that intent is
difficult to prove. Additionally, there are instances when a person enters a car to
sleep, sit, or engage in other activities that are objectionable to the vehicle owner,
but which are not in and of themselves illegal, and this activity cannot be
prosecuted under current statutes or city ordinances.
B. This ordinance would make it a crime to simply enter another
person's vehicle without permission. This additional tool will allow officers to arrest
offenders before they have stolen the car, or property in the car, and will prohibit
ers from using another person's car in an objectionable way.
C. The Kent City Council has determined that it is in the interest of the
)ublic health, safety, and welfare to make it a crime to prohibit a person who is not
icensed, invited, or otherwise privileged to enter from entering another's vehicle.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
INGTON, DOES HEREBY ORDAIN AS FOLLOWS:
1 Vehicle Trespass —
Amend KCC 9.02.265
ORDINANCE
SECTION 1. - Amendment. Chapter 9.02 of the Kent City Code is
amended to add a new section 9.02.265, entitled "Vehicle trespass - prohibited -
Penalty," as follows:
Sec. 9.02.265. Vehicle trespass prohibited - Penalty.
A. A person is guilty of vehicle trespass if he or she knowingly enters or
remains unlawfully in a vehicle belonging to another.
B. As used in this section:
1. The word "enter" shall include the entrance of the person, or the
insertion of any part of his or her body, or any instrument or weapon held in his or
her hand.
2. A person "enters or remains unlawfully" in or upon a vehicle when he
or she is not licensed, invited, or otherwise privileged to so enter or remain.
C. Vehicle trespass is a misdemeanor.
SECTION 2, - 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 3. - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage as provided by law.
SJ1ZE7E COOKE, MAYOR
l� V
CITY CLE K = '
2 % -Vehicle Trespass -
- -_ _fiend KCC 9.02.265
APPROVED AS TO FORM:
u tcL'q L.
T M BRUBAKER, CITY ATTORNEY
PASSED: / / day of April, 2007.
APPROVED: day of April, 2007.
PUBLISHED: -O`er day of April, 2007.
I hereby certify that this is a true copy of Ordinance No. B83Spassed 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 Vehicle Trespass —
Amend KCC 9.02.265