HomeMy WebLinkAbout4108ORDINANCE NO. 7/V$
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
13.05.050, entitled "Penalty," amending the
penalty for unlawful possession of fireworks from a
criminal offense to a class 1 civil infraction.
RECITALS
A. Currently, under the Kent City Code, the unlawful possession,
sale or discharge of fireworks constitutes a criminal offense. Each year,
the City receives numerous complaints regarding the unlawful discharge of
fireworks. However, unless a commissioned officer views the actual
discharge or possession of the fireworks, the officer is unable to issue a
criminal citation. This results in very few prosecutions of fireworks
violations.
B. In addition, the investigation and preparation of a criminal
case can be quite time consuming. This puts pressure on officers who deal
with high call volumes during the days preceding, including, and following
July 4.
C. It is the Police Department's desire to have a better tool to
enforce regulations regarding the discharge, possession and sale of
fireworksS
Changing the violation of these regulations from a criminal
1 Amend KCC 13.05.050
Ordinance
offense to a class 1 civil infraction will result in a more efficient use of
police resources, and should make it easier for commissioned officers to
make a real impact by increasing the number of violations prosecuted by
the City.
D. This ordinance will reduce the offense relating to the sale,
purchase, possession or discharge of fireworks from a misdemeanor
carrying a maximum penalty of 90 days in jail and a $100 fine, to a class 1
civil infraction carrying a maximum penalty of $250.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. —Amendment. Section 13.05.050 of the Kent City
Code, entitled "Penalty," is hereby amended as follows:
Sec. 13.05.050. Penalty. Any person violating t. he provisions of
KCC 15.05.010 shall be deemed to have committed a class 1 civil
infraction as set forth in RCW 7.80.120. An infraction issued pursuant to
this section shall be filed in the Kent Municipal Court and processed in the
same manner as other infractions filed in the Kent Municipal Court. Any
person violating the provisions of KCC �.4. vw 9w 13.05.020, and -or
13.05.030 shall be guilty of a misdemeanor, and shall be punished by
imprisonment not to exceed ninety (90) days and a fine not to exceed one
thousand dollars ($1,000). Any person violating the provisions of KCC
13.05.040 shall be guilty of a gross misdemeanor and shall be punished by
imprisonment not to exceed one (1) year and a fine not to exceed five
thousand dollars ($5,000). A person is guilty of a separate offense for each
2 Amend KCC 13.05.050
Ordinance
day during which he or she commits, continues, or permits a violation of
the provisions of this chapter.
SECTION 2. -Corrections by City 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; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
ATTEST:
NALD F
APPROVED AS
ARTHUR
ORF/CITY CLERK
ATRICK, ACTING(CITY ATTORNEY
3 Amend KCC 13A5,050
Ordinance
PASSED: day of l�'�h , 2014.
APPROVED: day of �rGGt- , 2014.
PUBLISHED:
ver
day of G� , 2014
I hereby certify that this is a true copy of Ordinance No.
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:\Civil\Ordinance\13.05 Firework.Docx
NALD F OORE. CITY C ERK
4 Amend KCC 13.05.050
Ordinance