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ORDINANCE NO. 3'J5L/-
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending chapter 9.02
of the Kent City Code, entitled "Cnm1nal Code," 1n
order to adopt by reference for enforcement in
Kent new and a mended code prov1s1ons recently
adopted by the state Legislature.
RECITALS
A. During its 2009 legislative session, the Washington State
Legislature adopted four bills that either adopt new provisions within the
Revised Code of Washington ("RCW") or amend existing prov1s1ons that
require amendment of the Kent City Code to adopt these state statutes for
enforcement in Kent.
B. RCWs 9.41.171, 9.41.173, and 9.41.175 require non-US
c1t1zens who are residents of the State of Washington to obtain a state
firearm license before carrying or possessing a firearm in the State of
Washington. RCW 9.41.173 states that an alien resident who knowingly
makes a false statement of c1t1zensh1p or 1dent1ty on an appl1cat1on for an
alien firearm license 1s guilty of False Swearing (RCW 9A. 72.040), a gross
misdemeanor. V1olat1on of other licensing requirements set forth by these
statutes 1s a Class C felony. If the King County Prosecutor declines to file
charges for this felony v1olat1on, adopting these statutes for enforcement
1 Criminal Code Amendments-
2009 State Legislative Session
in Kent will allow Kent prosecutors to charge a violation as a misdemeanor
offense.
C. At RCW 16.52.310, the state legislature enacted a new
provision that proh1b1ts a person from owning, possessing, or controlling
more than 50 dogs with intact sexual organs that are over the age of six
(6) months. The statute adopts various provisions 1n an effort to provide
for the humanitarian treatment of dogs used in breeding practices, e.g.: a
crate size that suff1c1ently allows the dog to lie down without having to
touch any part of the crate or another dog, at least a one hour exercise
period per day, and that the breeding fac1llt1es and dog enclosures be kept
1n a sanitary cond1t1on. V1olat1on of this statute 1s punishable as a gross
misdemeanor. The statute 1s not applicable to publicly run animal shelters,
private and/or not-for-profit animal rescue organizations, veterinary
fac1l1t1es, pet stores, research institutes, boarding and/or grooming
fac1l1t1es, or commercial dog breeders licensed by the U.S. Department of
Agriculture before January 1, 2010.
D. The legislature adopted a new law at RCW 70.54.400, which
makes 1t a class 2 c1v1I infraction to deny members of the public with
certain medical conditions the use restrooms a retail establishment makes
available to its employees. Medical cond1t1ons covered under this new
statute include Crohn's drsease, ulcerative colitis, irritable bowel syndrome,
or other inflammatory bowel disease; 1rrrtable bowel syndrome; any
cond1t1on requiring use of an ostomy device; or any permanent or
temporary medical condition that requires 1mmed1ate access to a restroom.
The first time that a retail establishment violates the statute, the statute
requires that the City Attorney send a warning letter to the owner or
operator and to any employee who denied access, informing them of the
statutory requirements. Any subsequent v1olat1ons carry a maximum fine
amount of $125, plus statutory assessments, which may be assessed
against the retail establishment or its employee who denied access.
2 Criminal Code Amendments-
2009 State Legislative Session
E. Finally, the state legislature amended RCW 46.20.270 to
provide that the term "conv1ct1on" as used in that statute shall have the
same meaning as provided for in RCW 46.25.010. The legislature then
amended RCW 46.25.010 to provide that the term includes a person's
entry rnto a deferred prosecution program for purposes related to the
Department of L1censmg's regulatron of commercial drivers' licenses. The
effect of this amendment 1s to allow the Department of Licensing to
consider a deferred prosecution sentence rn evaluating whether to suspend
or revoke a driver's commercial driving lrcense.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Section 9.02.060 of the Kent City
Code, entitled "RCW Title 9, entitled 'Crrmes and Punishments' -Adoption
by reference," 1s amended as follows:
Sec. 9.02.060. RCW Title 9, entitled "Crimes and
Punishments" -Adoption by reference. The followrng RCW sections,
as currently enacted or as hereafter amended or recod1f1ed from time to
time, are hereby adopted by reference and shall be given the same force
and effect as tf set forth herein 1n full:
RCW
9.01.055
9.01.110
9.01.130
9.02.050
9.03.010
9.03.020
9.03.040
Citizen immunity if aiding officer, scope -When.
Om1ss1on, when not punishable.
Sending letter, when complete.
Concealing birth.
Abandoning, discarding refrigeration equipment.
Perm1ttrng unused equipment to remarn on premrses.
Keeping or storrng equipment for sale.
3 Criminal Code Amendments-
2009 State Legislative Session
9.04.010
9.04.090
9.08.030
9.08.065
9.08.070
9.08.072
9.08.078
9.12.010
9.12.020
9.16.005
9.16.010
9.16.020
9.16.030
9.16.035
9.16.041
9.16.050
9.16.060
9.16.070
9.16.080
9.16.100
9.16.110
9.16.120
9.16.130
9.16.140
9.16.150
9.18.080
9.18.120
9.18.130
9.18.150
9.24.010
9.24.040
9.26A.090
9.26A.100
9.26A.110
False advert1s1ng.
Advert1s1ng fuel prices by service stations.
False certificate of reg1strat1on of animals False
representation as to breed.
Defm1t1ons.
Pet animals -Taking, concealing, injuring, k1ll1ng, etc.
Penalty.
Transferring stolen pet animal to a research institution -
Penalty.
Illegal sale, receipt, or transfer of pet animals -Separate
offenses.
Barratry.
Buying, demanding, or promising reward by district Judge or
deputy.
Definrt1ons.
Removing lawful brands.
Im1tat1ng lawful brand.
Counterfeit mark -Intellectual property.
Counterfe1t1ng -Penalties.
Counterfeit items -Seizure and forfeiture.
When deemed affixed.
Fraudulent reg1strat1on of trademark.
Form and s1m1l1tude defined.
Petroleum products improperly labeled or graded.
Use of the words "sterling silver," etc.
Use of words "coin silver/' etc.
Use of the word "sterling" on mounting.
Use of the words "coin silver" on mounting.
Unlawfully marking article made of gold.
"Marked, stamped or branded" defined.
Offender a competent witness.
Suppression of compet1t1ve bidding.
Collusion to prevent compet1t1ve bidding.
Agreements outside state.
Fraud in stock subscription.
Corporation doing business without license.
Telephone company credit cards -Proh1b1ted acts.
Def in 1t1ons.
Fraud in obtaining telecommunications service -Penalty.
4 Criminal Code Amendments-
2009 State Legislative Session
9.26A.120
9.26A.130
9.27.015
9.35.030
9.38.010
9.38.015
9.38.020
9.40.040
9.40.100
9.41.010
9.41.040
9.41.050
9.41.060
9.41.090
9.41.100
9.41.110
9.41.140
9.41.171
9.41.173
9.41.175
9.41.220
9.41.230
9.41.240
9.41.250
9.41.260
9.41.270
9.41.280
9.41.300
9.41.800
Fraud m operating coin-box telephone or other receptacle.
Penalty for manufacture or sale of slugs to be used for com.
Interference, obstruction of any court, building, or residence
-V1olat1ons.
Solicitrng undesired mail.
False representation concerning credit.
False statement by deposit account applicant.
False representation concerning title.
Operating engme or boiler without spark arrester.
Tampering with fire alarm or fire f1ghtmg equipment -False
alarm -Penalties.
Terms defined.
Unlawful possession of firearms -Ownership, possession by
certain persons -Penalty.
Carrying firearms.
Exceptions to restrictions on carrying firearms.
Dealer deliveries regulated -Hold on delivery.
Dealer licensing and reg1strat1on required.
Dealer's licenses, by whom granted, cond1t1ons, fees -
Employees, fmgerprintmg and background checks
Wholesale sales excepted -Permits proh1b1ted.
Alteration of 1dent1fymg marks -Exceptions.
Alien possession of firearms -Requirements -Penalty.
Alien possession of firearms -Alien firearm license -
Pol1t1cal subd1v1s1ons may not modify requirements -Penalty
for false statement.
Alien possession of firearms -Possession without license -
Cond1t1ons.
Unlawful firearms and parts contraband.
A1mmg or discharging firearms, dangerous weapons.
Possession of pistol by person from eighteen to twenty-one.
Dangerous weapons -Penalty.
Dangerous exh1b1t1ons.
Weapons apparently capable of producing bodily harm -
Unlawful carrying or handling -Penalty -Exceptions.
Possessing dangerous weapons on school fac1l1t1es -Penalty
-Exceptions.
Weapons proh1b1ted 1n certain places -Local laws and
ordinances -Exceptions -Penalty.
Surrender of weapons or licenses -Proh1b1t1on on future
possession or licensing.
5 Criminal Code Amendments-
2009 State Legislative Session
9.41.810
9.44.080
I 9.45.060
9.45.070
9.45.080
9.45.090
9.45.100
9.46.196
9.47A.010
9.47A.020
9.47A.030
9.47A.040
9.47A.050
9.51.010
9.51.020
9.51.030
9.61.230
9.61.240
9.61.250
9.61.260
9.62.010
9.62.020
9.66.010
9.66.020
9.66.030
9.66.040
9.66.050
9.68.015
9.68.030
9.68.050
9.68.060
9.68.070
9.68.080
Penalty.
Misconduct in signing a petition.
Encumbered, leased, or rented personal property -
Construction.
Mock auctions.
Fraudulent removal of property.
Knowingly rece1v1ng fraudulent conveyance.
Fraud in assignment for benefit of creditors.
Cheating.
Defin1t1on.
Unlawful inhalation -Exception.
Possession of certain substances proh1b1ted, when.
Sale of certain substances proh1b1ted, when.
Penalty.
Misconduct of officer drawing jury.
Soliciting Jury duty.
Misconduct of officer in charge of jury.
Telephone harassment.
Telephone harassment -Permitting telephone to be used.
Telephone harassment Offense, where deemed
committed.
Cyberstalk1ng.
Malicious prosecution.
Instituting suit in name of another.
Public nuisance.
Unequal damage.
Mainta1n1ng or permitting nuisance.
Abatement of nuisance.
Deposit of unwholesome substance.
Obscene literature, shows, etc. -Exemptions.
Indecent articles, etc.
"Erotic matena I" -Definitions.
"Erotic material" -Determination by court -Labeling -
Penalties.
Prosecution for violation of RCW 9.68.060 -Defense.
Unlawful acts.
6 Criminal Code Amendments-
2009 State Legislative Session
9.68.100
9.68.110
9.68.130
9.68A.Oll
9.68A.080
9.68A.090
9.68A.110
9.68A.120
9.68A.150
9.69.100
9.72.090
9.73.010
9.73.020
9.73.030
9.73.050
9.73.070
9.73.080
9.73.090
9.73.100
9.73.110
9.91.010
9.91.020
9.91.025
9.91.060
9.91.140
9.91.142
9.91.160
9.91.170
Exceptions to RCW 9.68.050 through 9.68.120.
Motion picture operator or proJect1on1st exempt, when.
"Sexually expl1c1t material" -Defined -Unlawful display.
Def1nit1ons.
Processors of depictions of minor engaged m sexually
expl1c1t conduct -Report required.
Communication with minor for immoral purposes.
Certain defenses barred, permitted.
Seizure and forfeiture of property.
Allowing minor on premises of live erotic performance -
Definitions -Penalty.
Duty of witness of offense against child or any violent
offense -Penalty.
Committal of witness -Detention of documents.
Divulging telegram.
Opening sealed letter.
Intercepting, recording or divulging private communication -
Consent required -Exceptions.
Adm1ss1b1l1ty of intercepted communication m evidence.
Persons and act1vit1es excepted from chapter.
Penalties.
Certain emergency response personnel exempted from RCW
9.73.030 through RCW 9. 73.080 -Standards -Court
authorizations -Adm1ss1b11ity.
Recordings available to defense counsel.
Intercepting, recording, or disclosing private
communications -Not unlawful for building owner -
Cond1t1ons.
Denial of civil rights -Terms defined.
Operating railroad, steamboat, vehicle, etc., while
intoxicated.
Unlawful bus conduct.
Leaving children unattended 1n a parked automobile.
Food stamps.
Food stamps -Trafficking.
Personal protection spray devices.
Interfering with dog guide or service animal.
7 Criminal Code Amendments-
2009 State Legislative Session
SECTION 2. -Amendment. Section 9.02.100 of the Kent City
Code, entitled "Chapter 16.52 RCW, entitled 'Prevention of Cruelty to
Arnmals 1 -Adoption by reference," 1s amended as follows:
Sec. 9.02.100. Chapter 16.52 RCW, entitled "Prevention of
Cruelty to Animals" -Adoption by reference. The following RCW
sections, as currently enacted or as hereafter amended or recod1f1ed from
time to time, are hereby adopted by reference and shall be given the same
force and effect as 1f set forth herein in full:
RCW
16.52.011
16.52.015
16.52.080
16.52.085
16.52.090
16.52.095
16.52.100
16.52.117
16.52.165
16.52.190
16.52.200
16.52.207
16.52.210
16.52.300
16.52.310
Defin1t1ons -Principles of l1ab1l1ty.
Enforcement -Law enforcement agencres and animal care
and control agencies.
Transporting or confining in unsafe manner -Penalty.
Removal of animals for feeding -Examination -Notice -
Euthanasia.
Docking horses -Misdemeanor.
Cutting ears -Misdemeanor.
Confinement without food and water -Intervention by
others.
Animal fighting -Owners, trainers, spectators -Exceptions.
Punishment -Conv1ct1on of misdemeanor.
Poisoning animals -Penalty.
Sentences -Forfeiture of animals -L1ab1l1ty for cost -Civil
penalty -Education, counseling.
Animal cruelty in the second degree.
Destruction of animal by law enforcement officer -
Immunity from l1ab1llty.
Dogs or cats used as bait -Seizure -Llm1tat1on.
Dog breeding -L1m1t on the number of dogs -Required
cond1t1ons -Penalty -L1m1tat1on of section -Defin1t1ons
SECTION 3. -Amendment. Section 9.02.160 of the Kent City
Code, entitled "RCW Title 70, entitled 'Public Health and Safety' -Adoption
by reference," 1s amended as follows:
Sec. 9.02.160. RCW Title 70, entitled "Public Health and
Safety" -Adoption by reference. The following RCW sections, as
8 Criminal Code Amendments-
2009 State Legislative Session
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 1f set forth herein 1n full:
70.54.400
70.74.010
70.74.160
70.74.295
70.74.300
70.74.310
70.74.400
70.155.080
Miscellaneous health and safety provisions.
Definitions.
Unlawful access to explosives.
Abandonment of explosives.
Explosive containers to be marked -Penalty.
Gas bombs, explosives, stink bombs, etc.
Seizure and forfeiture.
Purchasing, possessing, or obtaining tobacco by persons
under the age of eighteen -Civil 1nfract1on -Courts of
Jurisdiction.
SECTION 4. -Amendment. Section 9.36.015 of the Kent City
Code, entitled "Driving regulat1ons,'11s amended as follows:
Sec. 9.36.015. Driving regulations. The following sections of
Chapters 46.20 and 46.61 RCW are hereby adopted by reference as
currently enacted and as may be amended from time to time, and shall be
given the same force and effect as 1f set forth herein 1n full.
RCW
46.20.005
46.20.015
46.20.270
46.20.720
46.20.730
46.61.5249
Driving without a license -Misdemeanor, when.
Driving without a license -Traffic infraction, when.
Conv1ct1on of offense requiring w1thhold1ng driving privilege
-Procedures -Defm1t1ons.
Ignition interlocks, b1olog1cal technical devices -Drivers
convicted of alcohol offenses.
Ignition interlock device -Other b1olog1cal or technical
device -Def1nit1ons.
Negligent driving -First degree.
9 Criminal Code Amendments-
2009 State Legislative Session
SECTION 5. -Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconst1tut1onal
or mval1d, such dec1s1on shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 6. -Corrections by Citv Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
sect1on/subsect1on numbering.
SECTION 7. -Effective Date. This ordinance shall take effect and
be 1n force thirty (30) days from and after its passage as provided by law.
ATTEST:
APPROVED AS TO FORM:
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10 Criminal Code Amendments-
2009 State Legislative Session
PASSED:
APPROVED:
I~
rt
day of May, 2010.
day of May, 2010.
PUBLISHED: d--r day of May, 2010.
I hereby certify that this 1s a true copy of Ordinance No. 31 lJl/
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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11 Criminal Code Amendments-
2009 State Legislative Session