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HomeMy WebLinkAbout3954- 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: ........... _ -. ./ . .,, --.. _ - .... : ....... ~ --... -; ..:.. .. ..:... .;:... .... ·"' ---~ / . . ......... • -·· .I" ......... -... 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. P \Clvlt\Ordtnance\Olmlna1Cade-20119Amendments doc .......... _ .. _ '--- ...::...-... ---- ~.: ............. __ ~ - - -_,__... .._,.~ ... __, ..r --........... - 11 Criminal Code Amendments- 2009 State Legislative Session