HomeMy WebLinkAbout4129AN ®R®INANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02
of the Kent City Code, entitled "Criminal Code," to
adopt by reference new infractions and
misdemeanor crimes enacted by the state
Legislature during its 2014 regular session for
application and enforcement in the City of Kent, to
adopt additional laws related to unlawful fishing
and harvesting, and to make other housekeeping
amendments to the criminal code to revise
references made to the Revised Code of
Washington and to adopt Class C felony crimes
that may be used as a basis to support the crime
of criminal attempt or criminal conspiracy, which is
punishable as a gross misdemeanor.
A. During its 2014 legislative session, the Washington State
Legislature adopted three bills that added new criminal provisions to the
Revised Code of Washington ("RCW"). The Kent City Code has adopted by
reference a number of state law provisions for application and enforcement
in the City of Kent. Once a state law is adopted by reference into the Kent
City Code that reference is sufficient for subsequent amendments the
Legislature may make to that state law provision. However, because the
Legislature adopted legislation that created new crimes that did not
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previously exist, it is necessary to amend the Kent City Code to similarly
adopt these new state law provisions by reference for application and
enforcement in Kent.
B. One new crime created by the state Legislature is that of
Coercion of Involuntary Servitude, which is codified at RCW 9A.40.1i0.
This crime occurs when a person forces the victim to perform labor or
services that the victim has a legal right not to perform, through threats
related to the victim's immigration status. This crime does not include a
report to law enforcement that a person is present in the United States in
violation of his or her federal immigration status if coercion of the victim is
not involved. While the crime of coercion of involuntary servitude is a
class C felony, it is necessary for the City of Kent to adopt this state law
provision so it may be available for use with criminal attempt or criminal
conspiracy charges, which would be punishable as a gross misdemeanor.
C. The state Legislature enacted RCW 69.75.020, which provides
it is illegal for an employee of a commercial entity to sell or trade products
containing the drug dextromethorphan to a person less than 18 years of
age. It is also illegal for a person less than 18 years of age to buy a
product containing dextromethorphan unless that person has a valid
prescription, is an active member of the military and presents valid military
identification, or is emancipated and provides proof of emancipation. A
written warning is provided for the first offense. A second offense is
punishable as a class 1 civil infraction, which has a base fine of $250, to
which statutory costs and assessments are added.
D. The state Legislature also enacted new laws that relate to
aquatic animal species classified by the state Fish and Wildlife Commission
("Fish and Wildlife") as prohibited or regulated. If an aquatic species has
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been classified as invasive or regulated, RCW 77.15.809 provides it is
unlawful to engage in conduct contrary to the provisions enacted to protect
against the invasive species, including mandatory check stations,
inspections, decontamination, possession without authorization, and
introduction of the species into a water body or upon property. It is a
gross misdemeanor to violate RCW 77.15.809. A subsequent violation
within five years of conviction is punishable as a class C felony under RCW
77.15.811(1)(b). It is also unlawful to traffic a species classified as a
Prohibited Level 1 or Level 2 species without authorization from the state
Department of Fish and Wildlife. Similarly, violation of that provision is a
class C felony under RCW 77.15.811(1)(a). In addition to the criminal
penalty that may be assessed, the court may also order the offender to
pay all costs in managing the invasive species, including its progeny, and
the Department of Fish and Wildlife may file a civil lawsuit to recover
habitat restoration costs necessitated by the person's unlawful use of
invasive species. In adopting these fish and wildlife provisions for
application and enforcement in the City of Kent, additional statutory
provisions are also incorporated and adopted, including the penalties that
apply to fishing or harvesting fish, shellfish, or seaweed without the
required license or catch record card, as applicable.
E. Finally, this ordinance makes other housekeeping revisions to
revise references made to the adopted sections of the Revised Code of
Washington and to adopt crimes defined as a Class C felony that may be
used as a basis to support the crime of criminal attempt or criminal
conspiracy, which is punishable as a gross misdemeanor.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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the Kent City Code, captioned C; 9A, entitled "Washington
Criminal Code," is amended as follows:
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adoptedode if IIIIIIIff Adoption by reference. The following RCW sections, as
urrently enacted or as hereafter amended or recodified from time to time,
re hereby by reference and shall be given the same force I
effect as if set forth herein in full:
RCW
9A.04.020
9A.04.030
9A.04.050
9A.04.060
9Az04.070
9A.04.080
9A.04.090
9A.04.100
9Az04,110
Purposes -Principles of construction.
State criminal jurisdiction.
People capable of committing crimes - Capability of children.
Common law to supplement statute.
Who amenable to criminal statutes.
Limitation of actions.
Application of general provisions of the code.
Proof beyond a reasonable doubt.
Definitions.
9A.08.Oi0 General requirements of culpability.
9A.08.020 Liability for conduct of another -Complicity.
9A.08.030 Corporate and personal liability.
9A.12.010 Insanity.
9A.16.010 Definitions.
9A.16.020 Use of force -When lawful.
9A.16.060 Duress.
9A. 16.070 Entrapment.
9A. 16.080 Action for being detained
premises for investigation
defense.
9A. 16.090 Intoxication.
9A.16.100 Use of force on children
unreasonable.
Gi
on mercantile establishment
- "Reasonable grounds" as
Policy - Actions presumed
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9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
9A.36.031 Assault in the third degree.
9A036.041 Assault in the fourth degree.
9A.36.050 Reckless endangerment.
9A.36.060 Promoting a suicide attempt.
9A.36.070 Coercion.
9A.36.080 Malicious harassment - Definition and criminal penalty.
9A2361100 Custodial assault.
9A.36.140 Assault of a child in the third degree.
9A.36.150 Interfering with the reporting of domestic violence.
9A.36.160 Failing to summon assistance.
9A.36.161 Failing to summon assistance - Penalty.
9A.40.010 Definitions.
9A.40.040 Unlawful imprisonment.
9A.40.060 Custodial interference in the first degree.
9A5401070 Custodial interference in the second degree.
9A.40.080 Custodial interference - Assessment of costs - Defense -
Consent defense, restricted.
9A.40.090 Luring.
9A.40.110 Coercion of involuntary servitude.
9A.42.010 Definitions.
9A.42.030 Criminal mistreatment_ in t_he second degree.
9A.42.035 Criminal mistreatment in the third degree.
9A.42.037 Criminal mistreatment in the fourth degree.
9A.42.040 Withdrawal of life support systems.
9A.42.045 Palliative care.
9A.42.050 Defense of financial inability.
9A.42.070 Abandonment of a dependent person in the second degree -
Exception.
9A.42.080 Abandonment of a dependent person in the third degree=
Exception.
9A.42.090 Abandonment of a dependent person -Defense.
9A.42.110 Leaving a child in the care of a sex offender.
9A.44.Oi0 Definitions.
9A.44.060 Rape in the third degree.
9A.44.079 Rape of a child in the third degree.
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9A.44.089 Child molestation in the third degree.
9A.44.093 Sexual misconduct with a minor in the first degree.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.44.105 Sexually violating human remains.
9A.44.130 Registration of sex offenders and kidnapping offenders -
Procedures - Definition - Penalties.
9A.44.132 Failure to register as sex offender or kidnapping offender.
9A.46.010 Legislative finding.
9A.46.OW)
Definition -Penalties.
9A.46.030 Place where committed.
9A.46.040 Court-ordered requirements upon person charged with crime
- Violation.
9A.46.050 Arraignment - No contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact - Violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 "Convicted," time when.
9A.46.110 Stalking.
9A.46.120 Criminal gang intimidation.
9A.48.010 Definitions.
9A.48.040 Reckless burnina in the first dearee.
9A.48.050 Reckless burning in the second degree.
9A.48.060 Reckless burning - Defense.
9A.48.080 Malicious mischief in the second degree.
9A.48.090 Malicious mischief in the third degree.
9A.48.100 Malicious mischief - "Physical damage" defined.
9A.48.105 Criminal street aana taaaina and graffiti.
9A.48.110 Defacing a state monument.
9A.49.001 Findings.
9A.49.010 Definitions.
9A.48.020 Unlawful discharge of a laser in the first degree.
9A.49.030 Unlawful discharge of a laser in the second degree.
9A.49.040 Civil infraction, when.
9A.49.050 Exclusions.
9A.50.010 Definitions.
9A.50.020 Interference with
9A.50.030 Penalty.
health care facility.
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9A.52.010 Definitions.
9A.52.050 Other crime in committing burglary punishable.
9A.52.060 Making or having burglar tools.
9A.52.070 Criminal trespass in the first degree.
9A.52.080 Criminal trespass in the second degree.
9A.52.090 Criminal trespass - Defenses.
9A.52.095 Vehicle prowling in the first degree.
9A.52.100 Vehicle prowling in the second degree.
9A.52.110 Computer trespass in the first degree.
9A.52.120 Computer trespass in the second degree.
9A.52.130 Computer trespass - Commission of other crime.
9A.56.010 Definitions.
9A.56.020 Theft - Definition, defense.
9A.56.040 Theft in the second degree.
9AO566050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.063 Making or possessing motor vehicle theft tools.
9A.56.075 Taking motor vehicle without permission in the second
degree.
9A.56.083 Theft of livestock in the second degree.
9A.56.096 Theft of rental, leased, ems—lease-purchased, or loaned
property.
9A.56.130 Extortion in the second degree.
9A.56.140 Possessing stolen property - Definition - Presumption.
9A.56.160 Possessing stolen property in the second degree - Other than
firearm or motor vehicle.
9A.56.170 Possessing property in the third degree.
9A.56.180 Obscuring the identity of a machine.
9A.56.220 Theft of subscription television services.
9A.56.230 Unlawful sale of subscription television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.262 Theft of telecommunication services.
9A.56.264 Unlawful manufacture of telecommunication device.
9A.56.266 Unlawful sale of telecommunication device.
9A.56.270 Shopping cart theft.
9A.60.010 Definitions.
9A.60.020 Forger
9A.60.030 Obtaining a signature by deception or duress.
9A.60.040 Criminal impersonation in the first degree._
9A.60.045 Criminal impersonation in the second degree.
9A.60.050 False certification.
9A.60.060 Fraudulent creation or revocation of a mental health advance
directive.
9A.60.070 False academic credentials - Unlawful issuance or use -
Definitions - Penalties.
9A.61.010 Definitions.
9A.61.020 Defrauding a public utility.
9A.61.040 Defauding a public utility in the second degree.
9A.61.050 Defrauding a public utility in the third degree.
9A.61.060 Restitution and costs.
9A.72.010 Definitions.
9A.72.030 Perjury in the second degree.
9A.72.040 False swearing.
9A.72.050 Perjury and false swearing - Inconsistent statements -
Degree of crime.
9A.72.060 Perjury and false swearing - Retraction.
9A.72.070 Perjury and false swearing - Irregularities no defense.
9A.72.080 Statement of what one does not know to be true.
9A.72.085 Unsworn statements, certification - Standards for subscribing
to an unsworn statement.
9A.72.120 Tampering with a witness.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
9A.76.010 Definitions.
9A.76.023 Disarmina a law enforcement or corrections officer.
9A.76.025 Disarming a law enforcement or corrections officer -
Commission of another crime.
9A.76.030 Refusing to summon aid for a peace officer.
9Az76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance - Definition of term.
9A.76.060 Relative defined.
9A.76.070 Rendering criminal assistance in the first degree.
9A.76.080 Rendering criminal assistance in the second degree.
9A.76.090 Rendering criminal assistance in the third degree.
9A.76.100 Compounding.
9A.76.150 Introducina contraband in the second decree.
9A.76.160 Introducing contraband in the third degree.
9A.76.170 Bail jumping.
9A.76.175 Making a false or misleading statement to a public servant.
9A.76.177 Amber alert - Making a false or misleading statement to a
public servant.
9A.80.010 Official misconduct.
9A.82IF Definons
9A.82.160 Criminal profiteering lien - Trustee's failure to comply,
evasion of procedures or lien.
9A.84. .
9A.84.020 Failure to disperse.
9A.84.040 False reporting.
9A.88.Oi0 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution - Sex of parties immaterial - No
defense
9A.88.060 Promoting prostitution - Definitions.
9A.88.080 Promoting prostitution in the second degree.
9A.88.085 Promotina travel for prostitution.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
9A.88.120 Additional fee assessments.
9A.88.130 Additional requirements.
9A.88.140 Vehicle impoundment - Fees - Fines.
the Kent City Code, captioned "RCW Title 69, entitled "Food,
Drugs
Cosmetics, and Poisons," is amended as follows.
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sections, as currently enacted or as hereafter amended or recodified fro
:ime to time, are hereby adopted by reference and shall be given the sam
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rce and effect as if set forth
RCW
69.41.010 Definitions.
K�Ml.. . ._
69.41.030 Sale, delivery, or possession of legend drug without
prescription or order prohibited - Exceptions - Penalty.
69.41.050 Labeling requirements - Penalty.
69.41.060 Search and seizure.
69.41.072 Violations of Chapter 69.50 RCW not to be charged under
4 chapter 69.41 RCW - Exception.
69.41.320 Practitioners - Restricted use - Medical records.
69.41.350 Penalties.
69.43.010 Report to pharmacy quality assurance commissionRee
state board of phaFngaey- List of substances - Modification of
list - Identification of purchasers - Report of transactions -
Penalties.
69.43.020 Receipt of substance from source outside state - Report -
Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions - Report - Penalty.
69.43.040 Reporting form.
69.43.043 Recordkeeping requirements - Penalty.
69.43.048 Reporting and recordkeeping requirements - Submission of
computer readable data, copies of federal reports.
69.43.080 False statement in report or record - Class C felony.
69.43.090 Permit to sell, transfer, furnish, or receive substance -
Exemptions - Application for permit - Fee - Renewal -
Penalty.
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine -- Sales
restrictions -- Record of transaction -- Exceptions -- Penalty_
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine - Sales
restrictions - Electronic sales tracking system - Penalty.
69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine -
Possession of more than fifteen grams - Penalty - Exceptions.
69.43.130 Exemptions - Pediatric products - Products exempted by the
pharmacy quality assurance commissionstate— beard —eT
per•
69.50.101 Definitions.
69.50.102 Drug paraphernalia -Definitions.
69.50.202 Nomenclature.
69.50.204 Schedule I.
69.50.206 Schedule II.
69.50.208 Schedule III.
69.50.210 Schedule IV.
69.50.212 Schedule V.
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6V .50.401 Prohibited acts: A - Penalties.
69.50.4011 Counterfeit substances - Penalties.
69.50.4012 Delivery of substance in lieu of controlled substance -
Penalty.
69.50.4013 Possession of controlled substance - Penalty - Possession of
useable marijuana or marijuana -infused products.
69.50.4014 Possession of forty grams or less of marihuana - Penalty.
69.50.4015 Involving a person under eighteen in unlawful controlled
substance transaction - Penalty.
69.50.402 Prohibited acts: B - Penalties.
69.50.403 Prohibited acts: C - Penalties.
69.50.404 Penalties under other laws.
69.50.407 Conspiracy.
69.50.408 Second or subsequent offenses.
69.50.412 Prohibited acts: E - Penalties.
69.50.4121 Drug paraphernalia - Selling or giving - Penalty.
69.50.416 Counterfeit substances prohibited - Penalties.
69.50.425 Misdemeanor violations - Minimum penalties'
930 1 502, Seet+en 21-
69.50.445 Opening package of or consuming marijuana, useable
marijuana, or marijuana -infused product in view of general
public — Penalt rte.
69.50.506 Burden of proof; liabilities.
Effective July 1, 2015, the following statutory provisions shall apply and be
enforced within the City of Kent:
69.75.010 Definitions.
69.75.020 Retail sales -Proof of age from purchaser -Unlawful acts,
exceptions - Penalties.
69.75.040 Construction of chapter.
69.75.050 Preemption.
1243,
Kent City Code, captioned "Criminal Code," is amended to add a new
section 9.02.175, captioned 'Chapter 77.15, Fish and Wildlife Enforcement
Code," as follows:
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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 if set forth herein in full.
RCW
77. 08.010 Definitions
77.15.160 Infractions
77.15.380 Unlawful recreational fishing in the second degree — Penalty.
77.15.390 Seaweed — Unlawful taking — Penalty.
77.15.500 Commercial fishing without a license - Peng-it-Y...
77.15.809 Unlawful use of invasive species in the second degree -
Penalty.
77.15.811 Unlawful use of invasive species in the first degree - Penalty.
SEC7'I 4a -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.
SE'CT.iN 5e -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.
S�C7"1"N -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.
NALD F
CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of,: r;, rlelr , 2014.
APPROVED: day of r`i , 2014.
PUBLISHED: day of r , ° z°r�. , 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
,(SEAL)
RONALDMOpRE, CI CLERK
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