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HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 08/02/2022 (2) 4^* Operations and Public Safety • Committee KEN T Tuesday, August 2, 2022 WASH I NGTON 4:0 0 PM Chambers To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 824 3241 2623 Chair Bill Boyce Councilmember Brenda Fincher Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Zandria Michaud Councilmember Les Thomas Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Business Chair A. Approval of Minutes Approval of July 19, 2022 YES Chair 01 MIN. Minutes B. Payment of Bills - Approve YES Paula Painter 01 MIN. C. INFO ONLY: Equity NO Uriel Varela 15 MIN. Strategic Plan Update D. Purchase and Sale YES Brian Levenhagen 10 MIN. Agreement for Ruth Property at Clark Lake - Authorize E. Re-adoption of Laws and YES Tammy White 10 MIN. Regulations Adopted by Reference - Emergency Ordinance - Adopt F. INFO ONLY: Kent School NO Chief Padilla 05 MIN. District School Resource Officer and Liaison Contract Renewals Operations and Public Safety Committee CC Ops and August 2, 2022 PS Regular Meeting G. INFO ONLY: June 2022 NO Michelle Ferguson 10 MIN. Financial Report 5. Adjournment Chair The public may submit written public comments that relate to a committee agenda item by emailing: cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written public comments may only be submitted in person by presenting them to the committee secretary at the public meeting. Written public comments that do not relate to a committee agenda item are not permitted. Written public comments are not read into the record. Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the first and third Tuesday of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Kim Komoto at 253-856-5728, or email Kkomoto@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Pending Approval Operations and Public Safety KENT Committee WA9H... CC Ops and PS Regular Meeting Minutes July 19, 2022 Date: July 19, 2022 Time: 4:02 p.m. Place: Chambers Members: Bill Boyce, Chair Brenda Fincher, Councilmember Satwinder Kaur, Councilmember Marli Larimer, Councilmember Zandria Michaud, Councilmember Les Thomas, Councilmember 0 Toni Troutner Councilmember i 0 L Agenda: a 1. Call to Order 4:02 p.m. a Council President Boyce called the meeting to order. R 2. Roll Call `V N O N Attendee Name Title Status Arrived Bill Boyce Chair Present Brenda Fincher Councilmember Present 0 Satwinder Kaur Councilmember Present w Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Toni Troutner Councilmember PresentCU a aD 3. Agenda Approval a 1. I move to approve the agenda as presented. a No changes were made to the agenda. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner 4. Business A. Approval of Minutes Approval of Minutes dated June 21, 2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 4 Packet Pg. 3 Operations and Public Safety Committee CC Ops July 19, 2022 and PS Regular Meeting Kent, Washington Minutes MOTION: Move to approve the Minutes dated June 21, 2022 RESULT: APPROVED [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills. N RESULT: MOTION PASSES [UNANIMOUS] Next: 8/2/2022 5:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember 0 AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner > 0 L C. Agreement between Prime Electric, LLC for City Hall Uninterruptible a Power Supply - Authorize a Brian Rambonga, Project Manager for the Information Technology a Department, presented information regarding the need to replace of the o uninterruptible power supply (UPS) in City Hall. The UPS system is technology equipment that provides emergency power to the Kent City Hall o data center when its main power source fails, or voltage drops/rises to an N unsuitable level. Unlike generators, this UPS system will supply instant power and gives a long enough run-time for a proper shut-down of data center equipment and business systems. 0 a� In evaluating suitable replacement options, IT staff selected a system supplied by Prime Electric, LLC because of the reliability and reputation of their hardware, professional services, and customer support. c The City bidding requirements were met leveraging MRSC rosters to contact a registered businesses efficiently and affordably for contracting goods and services. a This small work roster for public works projects process is authorized under section 3.70.120-.200 of the Kent City Code. Prime Electric, LLC will supply and install all the necessary hardware. The total contract cost will not exceed $170,000. This cost is fully funded and budgeted for in IT's existing capital budget. MOTION: I move to authorize the Mayor to sign an agreement with ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 2 of 4 Packet Pg. 4 Operations and Public Safety Committee CC Ops July 19, 2022 and PS Regular Meeting Kent, Washington Minutes Prime Electric, LLC for the purchase and installation of an uninterruptible power supply at Kent City Hall, in an amount not to exceed $170,000, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 8/2/2022 5:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember N AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner � c D. Emergency Ordinance Amending Chanter 9.02 of the Kent City Code - Adopt o 7i Bijan Huges, Assistant City Attorney Civil Division, presented information o regarding the emergency adoption of Ordinance No. 4436, amending Chapter a 9.02 of the Kent City Code, to incorporate new crimes adopted by the state a during the 2021 and 2022 legislative sessions. a 0 This ordinance is advanced as an emergency to be retroactively effective as o of the date each state law adopted by reference took effect. With respect to N the changes applicable to protection orders, that date is July 1, 2022. N Additionally, in preparing this ordinance, staff compared Ch. 9.02 KCC with the Revised Code of Washington ("RCW") to update previous changes that 4- have been made over time to the RCW titles, and to add Class C felony ° crimes that were not specifically listed in the Kent City Code. A reference to a 3 repealed section of the RCW has also been removed. MOTION: I recommend Council declare an emergency and adopt Ordinance No. 4436, amending Chapter 9.02 of the Kent City Code, to c incorporate new crimes adopted by the state during the 2021 and a 2022 legislative sessions. a RESULT: MOTION PASSES [UNANIMOUS] Next: 7/19/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner E. INFO ONLY: 2022-2023 Insurance Renewal Update Chris Hills, Risk Manager for the City of Kent, presented the 2022-2023 Insurance Renewal Update. Hills advised that property insurance premium increased due to market conditions. Despite the increase, the Property Insurance fund has reserved adequate funds to absorb the increase within the projected budget. F. INFO ONLY: May Financial Report ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 3 of 4 Packet Pg. 5 Operations and Public Safety Committee CC Ops July 19, 2022 and PS Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... Michelle Ferguson, Financial Planning Manager, presented the May 2022 financial report. G. INFO ONLY: Utility Update Customer Service Manager, Molly Bartlemay presented the utility update. S. Adjournment 4:33 p.m. Council President Bill Boyce adjourned the meeting. N r The public may submit written public comments that relate to a committee agenda item by emailing: r- cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written 2 public comments may only be submitted in person by presenting them to the committee secretary at 0 the public meeting. Written public comments that do not relate to a committee agenda item are not i permitted. Written public comments are not read into the record. o 0 Q Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the first and a third Tuesday of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. a 0 For additional information please contact Kim Komoto at 253-856-5728, or email c Kkomoto@kentwa.gov. I N N 0 Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- N 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. 4- 0 m w c ui c R a m Q m c ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 4 of 4 Packet Pg. 6 4.6 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: August 2, 2022 TO: Operations and Public Safety Committee SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: BUDGET IMPACT: SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 7 4.0 ADMINISTRATION Arthur "Pat" Fitzpatrick - Interim Chief Administrative Officer 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5700 DATE: August 2, 2022 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: Equity Strategic Plan Update SUMMARY: Race and Equity Manager, Uriel Varela will present an update on the Equity Strategic Plan. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 8 4.D PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 4^4� Julie Parascondola, CPRO, Director • KENT 220 Fourth Avenue South WASHI NGTON Kent, WA 98032 253-856-5100 DATE: August 2, 2022 TO: Operations and Public Safety Committee SUBJECT: Purchase and Sale Agreement for Ruth Property at Clark Lake - Authorize MOTION: I move to authorize the Mayor to take all action necessary and sign all documents to purchase the Ruth property, located at 12410 SE 248th Street, Kent, Washington 98030, for $7,200,000, plus closing costs, and subject to final purchase terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The Ruth Property is approximately 17.31 acres in size and is located at 12410 SE 248th St, Kent, WA, it is made up of 3 tax parcels, 212205-9097, - 9098 and -9037. This acquisition will allow the city to complete the assemblage of all the properties around Clark Lake that make up Clark Lake Park. Acquisition of this property has been a long-term goal in city planning documents going back decades. Parks staff have already applied for or are planning to apply for grants to pay for up to $6,000,000 of the acquisition cost. To meet the timing requirements negotiated by the parties in the purchase and sale agreement, this agreement will proceed immediately for consideration on the August 2, 2022 City Council meeting agenda. BUDGET IMPACT: Increase Park Land Acquisition Budget for anticipated grant revenues of $6,000,000 and expenditures of $6,000,000 for land. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: Packet Pg. 9 4.D 1. Ruth Purchase Sale Agmt (PDF) Packet Pg. 10 4.D.a REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This Agreement is entered between the CITY OF KENT, a Washington municipal corporation ("Buyer"), whose mailing address is 220 4t" Avenue South, Kent, Washington 98032-5895, and Susan Ruth, as Personal Representative of the N L Estate of William E. Ruth ("Seller"), whose mailing address is 12410 SE 248t" Street, 0 r Kent, Washington 98030 for the sale and purchase of real property as follows: a 1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees E a� to sell, is known as King County Tax Parcel Numbers 212205-9097, -9098, and-9037, a totaling approximately 17.31 acres in size and located at 12410 SE 248t" Street, Kent, WA (the "Property"). The Property also includes all improvements and fixtures located � on the Property, except as described in Section 26. The Property is legally described N in Exhibit "A" and depicted in Exhibit "B", both of which are attached and � L 3 incorporated. a a 2. EARNEST MONEY. On or before 5:00 PM on August 31, 2022, Buyer 0 a shall deposit with Rainier Title Insurance Company (the "Escrow Agent"), the sum of One Hundred Thousand Dollars and NO/100ths ($100,000.00) in the form of a check, r as nonrefundable earnest money ("Earnest Money") to be applied toward the M purchase price of the Property payable at Closing. Because the Earnest Money is nonrefundable, the Parties agree the Escrow Agent is authorized to disburse the Q CU a� Earnest Money to the Seller in advance of Closing to assist with the Seller's moving a� expenses. L 3 3. PURCHASE PRICE. The total purchase price for the Property is a t $7,200,000, with $2,160,000 of that purchase price allocated to tax parcel 9097, and the remaining $5,040,000 allocated to tax parcels 9098 and 9037, which amount includes the Earnest Money, payable at Closing. r Q 4. CONTINGENCIES. This Agreement is contingent upon: Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 1 of 26 Packet Pg. 11 4.D.a a. The Buyer authorization set forth in Section 19 of this Agreement and the other contingencies provided for throughout this Agreement. b. Seller has delivered to Buyer a completed Real Property Transfer Disclosure Statement ("Disclosure Statement"). C N •L O C. Within 3 business days of Buyer's receipt of the Disclosure Statement, Buyer shall, in its sole and absolute discretion, either approve and accept Q the Disclosure Statement or rescind this Agreement by delivering to Seller a written a� rescission notice. If Buyer neither accepts nor delivers a written rescission notice, then Buyer will be deemed to have approved and accepted the Disclosure Statement. If Buyer delivers a written rescission notice, then this Agreement shall terminate and U) neither Buyer nor Seller shall have any further rights, duties, or obligations a� hereunder. f° L Q. d. A feasibility study as follows: as i. Buyer shall have until August 31, 2022, to determine, in c a Buyer's sole and absolute discretion, if the property is feasible for the purposes and uses intended ("Feasibility Period"). M N ii. Buyer's feasibility study may include (but is not limited to) a Phase I environmental assessment, but not a Phase II environmental assessment, Q to determine if the Property is feasible for the purposes and uses intended. a� iii. A Phase I environmental assessment generally will consist L of a review of title of ownership and land use, review of geologic and hydrologic maps a of the area, review of federal and state databases for known hazardous water generators or contaminated sites, and a site visit. BY EXECUTING THIS AGREEMENT, as SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR E U THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, 2 a ENVIRONMENTAL ASSESSMENT. Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 2 of 26 Packet Pg. 12 4.D.a iv. Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with the feasibility study. If Buyer fails to notify Seller of its approval of the Property, in writing, on or before the N L expiration of the feasibility period, then this Agreement shall be terminated, and 0 r neither Buyer nor Seller shall have any further rights, duties or obligations hereunder Q except as specified herein. Following any environmental assessment, Buyer agrees E to return the property to its original state (i.e. fill all boring holes, etc.). L Q e. This Agreement is also contingent upon insurability of title as addressed in paragraph 6 below. aD Should any of the contingencies provided for above or throughout this Agreement not be met prior to Closing, then this Agreement shall terminate and a neither Buyer nor Seller shall have any further rights, duties, or obligations hereunder a except as specified herein. o (L t 5. INSPECTION OF THE PROPERTY. Buyer and its employees and r agents shall have the right and permission from the date of this Agreement through M the Closing Date to enter upon the Property at reasonable times and from time to time, with at least two (2) business days prior notice to Seller for the purpose, at Q CU a� Buyer's cost and expense to conduct the feasibility study and any environmental a� assessments. The inspections shall not include the interior of the home. U) L 3 The right granted to Buyer to conduct the inspections is subject to compliance with all applicable laws, and accompanied by representatives of Seller. Any invasive W testing shall be subject to Seller's prior written approval of a testing plan. No physical E alteration of the Property is permitted, but if any physical alteration and/or damage r to the Property occurs, any physical alteration of, and/or damage to, the Property in a connection with Buyer's study shall be restored by Buyer immediately upon demand by Seller, at Buyer's sole expense. Buyer shall indemnify Seller against any third- Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 3 of 26 Packet Pg. 13 4.D.a party claims for loss, damage or claim resulting from Buyer's inspections and tests, except any arising from the discovery of preexisting conditions (so long as Buyer does not exacerbate any such condition). Buyer shall not act as Seller's agent in connection with such activities and has no authority to allow any liens to encumber the Property. Buyer shall not allow any liens to encumber the Property arising out of N •L such activities, and shall indemnify and hold Seller and Seller's property management 0 company harmless from and against any third-party claims for liens, costs, expenses Q (including attorney fees), claims, liabilities, and obligations arising in any way out of E such activities by Buyer, as well as Buyer's employees and agents. Notwithstanding L anything to the contrary contained in this Agreement or in any addenda, amendments a a� or modifications to this Agreement, Buyer's obligations under this Section shall survive the termination of this Agreement and/or Closing, and shall remain in full force and effect without time limitation until all of such obligations have been fully performed by Buyer, and all amounts to be paid by Buyer have been paid. L a. 6. CONVEYANCE AND CONDITION OF TITLE. The title to the Property a 0 shall be conveyed by Seller to Buyer at Closing by Bargain and Sale Deed, free and a. clear of all liens, encumbrances or defects, other than (a) general exclusions and exceptions common to the area and not materially affecting the value of or unduly cm interfering with Buyer's reasonable use of the Property, and (b) with respect to tax M parcel number 9097, Exceptions Nos. 12 and 13 in Rainier Title Commitment File a� Number 805377RT, dated March 15, 2022, and (c) with respect to tax parcel number 9098, Exceptions Nos. 12 and 13 in Rainier Title Commitment File Number 805379RT, N a� dated March 15, 2022, and (d) with respect to tax parcel number 9037, Exceptions L Nos. 12 and 13 in Rainier Title Commitment File Number 805380RT, dated March 15, a 2022. All monetary encumbrances and special exceptions listed in Exhibit "D", other than those specifically noted above, are to be removed from the Property on or before a� Closing. Buyer is to satisfy any items required of Buyer in the Title Commitments. E U 0 7. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title, who is a also serving as Escrow Agent, to issue standard coverage owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 4 of 26 Packet Pg. 14 4.D.a For purposes of this Agreement, the following shall not constitute encumbrances or defects: rights reserved in federal patents or state deeds, mineral rights reservations, building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot be made so insurable prior to Closing, unless Buyer elects to waive such defects or encumbrances, this Agreement shall N •L terminate. ° Q 8. CLOSING COSTS AND PRO-RATIONS. The Excise Tax, if applicable, as shall be paid by Seller. Buyer and Seller shall split the escrow fee. Buyer shall pay E a� all recording costs, title insurance premium, the costs of any survey, and the fees a and expenses of its consultants. Taxes for the current year, rents, interest, water, U) sewer, and other utility charges, if any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise agreed. N 9. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS a OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed on or before 5:00 PM on September 30, 2022, which shall also be the termination date of this c a. Agreement, unless said Closing date is extended in writing by mutual agreement of the parties. M N In addition to the Mayor, the Parks Director for the City is also authorized to extend closing on behalf of the City. When notified, the Buyer and Seller Q will deposit, without delay, in escrow with Escrow Agent, all instruments and monies required to complete the transaction in accordance with this Agreement. Closing, for N the purpose of this Agreement, is defined as the date that all documents are executed L and the sale proceeds are available for disbursement to the Seller. a. 10. CASUALTY LOSS. If, prior to Closing, improvements on the Property a� are destroyed or materially damaged by fire or other casualty, this Agreement shall E U continue in effect and Seller shall be entitled to retain all casualty insurance proceeds 2 a and Seller shall not be required to restore any improvements. 11. POSSESSION. Buyer shall be entitled to possession on Closing. Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 5 of 26 Packet Pg. 15 4.D.a 12. SELLER'S REPRESENTATIONS. Seller represents: a. that Seller will maintain the Property in present or better condition until time of agreed possession, except with respect to Seller's salvage Q N rights as described below; o r b. that Seller has no knowledge of notice from any governmental a r c agency of any violation of laws relating to the Property; L C. that Seller is in possession of the Property and the Property is not a a� subject to any lease or rental agreements. c 13. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller makes no N representations or warranties about any environmental condition (including, without L 3 limitation, a spill, discharge or contamination) of the Property. a a� a 14. SELLER'S INDEMNITIES. Seller has no indemnity obligations in favor o a of Buyer with respect to the Property. o: 15. DEFAULT AND ATTORNEY'S FEES. M N M a. Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the Earnest Q CU a� Money previously paid by the Buyer. Buyer and Seller intend that this amount a� constitutes liquidated damages and so as to avoid other costs and expenses to either U) party in connection with potential litigation on account of Buyer's default. Buyer and a Seller believe this amount to be a fair estimate of actual damages. o: b. Seller's Default. In the event of a breach by Seller of this Agreement, which breach is not cured within ten (10) days after written notice of default from Buyer specifying the breach (provided, however, that no such cure a period shall apply for a breach of the obligation to close by the Closing Date), Buyer may elect only one of the following two remedies: (a) terminate this Agreement, in Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 6 of 26 Packet Pg. 16 4.D.a which event the Deposits paid shall be refunded to Buyer; or (b) enforce specific performance of this Agreement against Seller, including the right to recover attorneys' fees. If Buyer does not commence and file an action for specific performance within sixty (60) days of the scheduled Closing Date, Buyer shall have been deemed to have elected the remedy of termination of this Agreement under (a) N •L in this paragraph. 0 Q C. Attorney's Fees and Costs. In any legal proceeding arising in a� connection with this Agreement (including without limitation any arbitration and E a� appellate proceedings) the substantially non-prevailing party agrees to pay to the a substantially prevailing party all reasonable costs and expenses, including attorneys' U) fees and other legal costs, expended or incurred by the substantially prevailing party in connection therewith (whether incurred before, during, or subsequent to any such N action or proceeding). L a. 16. NOTICE TO SELLER. This form contains provisions for an agreement a for the purchase and sale of real estate. Buyer makes no warranty or representation 0 a. of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects the laws of the State of Washington at the time Seller enters into the Agreement. THIS M AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS E ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING a a� THESE CONSEQUENCES. in a� 17. NON-MERGER. The terms, conditions, and provisions of this Agreement L shall not be deemed merged into the deed, and shall survive the Closing and continue a. in full force and effect. a� 18. NOTICES. All notices required or permitted to be given hereunder shall E U be in writing and shall be sent U.S. certified mail, return receipt requested, or by 2 a email addressed as set forth below: Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 7 of 26 Packet Pg. 17 4.D.a a. All notices to be given to Buyer shall be addressed as follows: City of Kent Attn: Brian Levenhagen Parks, Recreation, & Community Services 220 Fourth Avenue South Kent, WA 98032 N BJ Leven hagen(-aKentWA.gov o Fax: 253-856-6050 Q And to: a� E City of Kent Attn: City Clerk a� 220 Fourth Avenue South Kent, WA 98032 U) CityClerk(cbKentWA.gov Fax: 253-856-6725 a� b. All notices to be given to Seller shall be addressed as follows: L a Susan Ruth >% 12410 SE 248t" Street a Kent, WA 98030 0 susan@weruth.com a With copies to: M Jameson Pepple Cantu PLLC cm 801 Second Avenue Suite 700 Seattle, Washington 98104 Email: dcantu@jpclaw.com in a� C. All notices to be given to Escrow Agent shall be addressed as follows: L Rainier Title Insurance Company a Kent Escrow Office 20435 72nd Avenue South, Bldg. 3, Suite 155 Kent, WA 98032 kentescrow@rainiertitle.com E Telephone: 253-216-0240 U a Either party hereto may, by written notice to the other, designate such other address for the giving of notices as necessary. All notices shall be deemed given on the day Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 8 of 26 Packet Pg. 18 4.D.a such notice is personally served, or on the date of the email transmission, or on the third day following the day such notice is mailed in accordance with this section. 19. CITY COUNCIL ACTION. Seller acknowledges that the closing of the transaction contemplated by this Agreement (the "Closing") is expressly conditioned W N on the City of Kent City Council's (the "City Council's") prior authorization to buy the 0 Property under this Agreement ("Council Authorization"), which may or may not be Q granted in the City Council's sole discretion. The Council Authorization shall be at the as August 2, 2022, City Council meeting. The City of Kent shall not be liable or obligated E a� for any burden or loss, financial or otherwise, incurred by Seller as a result of the a City Council's modification of the final terms and conditions of this Agreement, or the U) City Council's failure to grant the Council Authorization. No modification of this Agreement shall be effective unless agreed to by Seller pursuant to a written N Amendment agreement. 2 L a. Seller's Waiver. Seller expressly waives any claim against a. the City of Kent and its elected officials, officers, employees, representative and a 0 agents for any burden, expense or loss which Seller incurs as a result of the City a. Council's failure to grant the Council Authorization. 20. ENTIRE AGREEMENT. This Agreement, including all incorporated M exhibits, constitutes the full understanding between Seller and Buyer. There have been no oral or other agreements that modify this Agreement. Q a� 21. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding N upon parties hereto and their respective heirs, successors, and assigns; and the 2 terms, conditions and provisions of this Agreement shall survive the Closing of this a. transaction. ' a� 22. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, E U the date of mutual acceptance of this Agreement shall be the last date on which the 2 a parties to this Agreement have executed this Agreement as indicated below, and a fully executed copy is delivered to both Seller and Buyer. Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 9 of 26 Packet Pg. 19 4.D.a 23. FORCE MAJEURE. Performance by Seller or Buyer of their obligations under this Agreement shall be extended by the period of delay caused by force majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor disturbance, order of any government, court or regulatory body having jurisdiction, or any similar cause beyond the reasonable control of the party who is obligated to N •L render performance. 0 Q 24. COUNTERPARTS. This Agreement may be executed in any number of as counterparts, each of which shall constitute an original, and all of which will together E a� constitute this one Agreement. Further, upon executing this Agreement, either party a may deliver the signature page to the other by fax or email and that signature shall U) have the same force and effect as if the Agreement bearing the original signature was received in person. N 25. AS-IS SALE. Except as otherwise provided for in Section 4 and Section a 12 of this Agreement, and except as further warrantied by Seller's through a Bargain and Sale Deed, upon satisfaction or waiver of Buyer's feasibility period and c a. inspections, and should Buyer close this purchase, the land and structure are sold in their AS-IS, WHERE IS condition, with Seller making no representations or warranties about the structure, the Property, or condition of either. Except as otherwise limited M herein, Seller makes no representations or warranties and shall not in any way be liable for any representations or warranties with respect to: (a) the dimensions, size, Q a� acreage, or harvestability of timber on the premises; (b) the existence of in a� encroachments onto adjacent properties or onto the Property from adjacent properties; (c) the condition of the premises or any buildings, structures or a improvements thereon or the suitability of the premises for habitation or for Buyer's intended use or for any use whatsoever; (d) the availability or existence of any water, sewer or utility rights; (e) the availability of water, sewer, or other utilities; (f) access to any water or public or private sanitary sewer system; (g) rights to and access to U public roads, or (h) the environmental condition of the Property. Buyer acknowledges a to Seller that Buyer has, or will by the end of its feasibility or inspection contingency, fully inspected the Property and assumes the responsibility and risks of all defects Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 10 of 26 Packet Pg. 20 4.D.a and conditions, including such defects and conditions, if any, that cannot be observed by casual inspection consistent with the provisions and exceptions provided for within this Section 25. 26. SELLER'S SALVAGE RIGHTS. Given that Buyer intends to demolish C N the structure, Seller may remove the items listed in Exhibit "E" to this Agreement o from the Property prior to turning over possession to Buyer. Seller shall remove no Q windows (unless boarded up), exterior doors, or anything that would render the a� structure susceptible to vandals, squatters, trespassers, or the weather. Seller shall E a� lock the doors and windows and leave the structure secure at time Seller turns over a� a possession to Buyer. U) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. a BUYER: a CITY OF KENT o a. M Name: Dana Ralph CIA Title: Mayor Dated: Q a� SELLER: L a. By. Susan Ruth, as Personal Representative of the Estate of William E. Ruth a� Dated: E U a Buyer's Initials Seller's Initials Real Estate Purchase and Sale Agreement Page 11 of 26 Packet Pg. 21 4.D.a EXHIBIT A LEGAL DESCRIPTION Parcel 212205-9097 File No.: 805377RT C N EXHIBIT `A' L 0 The South 264 feet of the West half of the West half of the Southwest quarter of the Northeast quarter of Section 21, Q Township 22 North, Range 5 East,W.M.; in King County,Washington; r EXCEPT the South 30 feet for road; E m a� L Situate in the County of King,State of Washington. Q m Parcel 212205-9098 U) c File No.: 805379RT m EXHIBIT `A' v L The North 330 feet of the South 594 feet of the West half of the West half of the Southwest quarter of the Northeast quarter d of Section 21, Township 22 North, Range 5 East,W.M., In King County,Washington; EXCEPT the South 30 feet thereof for road; a 0 L Situate in the County of King,State of Washington. s= Parcel 212205-9037 M N File No.; 8053BORT EXHIBIT `A' E a� a That portion of the Southwest quarter of the Northeast quarter in Section 21, Township 22 North, Range 5 East,W.M., in (D King County,Washington,described as follows: rn The West half of the West half; U) s= EXCEPT the South 594 feet thereof; 2 d TOGETHER WITH the East half of the West half; EXCEPT the South 264 feet and EXCEPT the East 15 feet of the North 645 feet of the South 909 feet; y E AN D EXCEPT the East 30 feet of that portion lying North of the South 909 feet; U 0 r Q Situate in the County of King,State of Washington. Buyer's Initials Seller's Initials EXHIBIT A - Real Estate Purchase and Sale Agreement Page 12 of 26 Packet Pg. 22 4.D.a EXHIBIT B PROPERTY DEPICTION Parcel212205-9097 C N •L 0 Q d E L Q II�^ v! V Lin . N 3Z4j4 yi F{ Q S� 0 ra•Lp d +h,1. i r 577 3.E.249TF1.8T. 3 SF 2481H 5T- v W M W i G TR F M E E; W _ fn 43 3!1= fA x' # 2 L I J d !11 � N L++L d V Q Buyer's Initials Seller's Initials EXHIBIT B - Real Estate Purchase and Sale Agreement Page 13 of 26 Packet Pg. 23 4.D.a Parcel 212205-9098 C N �L 0 Q d E Q d d V L L r Q O L LC T r ti E 248TH ST M E U a y L r � a d � t I � c m -14 t A CO r Q Buyer's Initials Seller's Initials EXHIBIT B - Real Estate Purchase and Sale Agreement Page 14 of 26 Packet Pg. 24 4.D.a Parcel 212205-9037 T N •L 1 O t 3 Q C d E d N L Q II�^ V! V L L Q O a. NN� LPL r ' M N M E tM _ a 1i 2 1 IF Y N s SE a 4MT11 1 � N � s i N Y M C F I M A * Q Buyer's Initials Seller's Initials EXHIBIT B - Real Estate Purchase and Sale Agreement Page 15 of 26 Packet Pg. 25 4.D.a EXHIBIT C RESERVED C N •L O t 3 Q C d E d N L Q II�^ V! V L Q. L Q O L N� r M N M E tM a L Q. NN� LPL d V Q Buyer's Initials Seller's Initials EXHIBIT C - Real Estate Purchase and Sale Agreement Page 16 of 26 Packet Pg. 26 4.D.a EXHIBIT D ENCUMBRANCES AND SPECIAL EXCEPTIONS Parcel 212205-9097 Special Exceptions: C N •L 1. Due to reduced staffing at the county as a result of the pandemic and a large increase in 0 documents submitted for recording: Q o The Recorder's Office cannot guarantee expedited or same day service on any documents. o The Recorder's Office is running about a week behind on documents submitted by mail. E m Documents that need to be signed off by the county prior to recording and are being hard a, recorded may delay closing. a m These include transactions that are registered land, open space or receiving a special tax U) exception, commercial property, properties that have personal property taxes tied to the real c property and any properties that have an un-eliminated mobile home. c� This is informational only and will not appears on the forthcoming policy(ies)to be issued. L 2. The Land is situated within the boundaries of local taxing authority of City of Kent. a. as CAUTION: Washington has a graduated excise tax rate for sales occurring on or after 1l112020 c for most properties, although a flat rate applies to properties formally classified and specially a valued as timberland or agricultural land on the day of closing. The rate of real estate excise tax applicable to a sale prior to 1/112020, is 1.78%. M The rate of real estate excise tax to a sale on or after 1l112020 for properties which are not M formally classified and specially valued as timberland or agricultural land is: +, E 0 State portion: 1.10%on any portion of the sales price of$500,000 or less; Q 1.28% on any portion of the sales price above $500,000, up to$1,500,000; 2.75% on any portion of the sales price above $1,500,000, up to $3,000,000; cn 3.00% on any portion of the sales price above $3,000,000; N c� Local portion: 0.50%on the entire sales price. a An additional $5.00 State Technology Fee must be included in all excise tax payments. If the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required. Any conveyance document must be accompanied by the official Washington State Excise Tax E Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the z recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be printed as legal size forms). a Buyer's Initials Seller's Initials EXHIBIT D - Real Estate Purchase and Sale Agreement Page 17 of 26 Packet Pg. 27 4.D.a 3. General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent November 1, if not paid. Year: 2022 Amount billed: $10,458.45 Amount paid: $0.00 Amount unpaid: $10,458.45 Tax Account No.: 212206-9097-09 C N •L Levy code: 1519 0 Assessed value of land: $366,000.00 Q Assessed value of improvements: $510,000.00 m Based on the Treasurer's records, the name and address of the last taxpayer/owner is: William E. Ruth a, 19400 108th Ave. SE#200 a Renton, WA 98055 U) 4. The legal description in this commitment is based upon information provided with the application for title insurance and the public records as defined in the policy to issue. The parties to the m forthcoming transaction must notify the title insurance company, prior to closing, if the description N c� does not conform to their expectations. L 5. Pending probate proceedings under a non-intervention will. The Personal Representative is a authorized to administer the estate without intervention of court and to transfer or encumber decedent's interest in the land. a 0 L Decedent: William E. Ruth a z Will admitted: October 14, 2021 Personal Representative: Susan Marie Ruth Probate Case No.: 21-4-06982-1 Attorney for the Estate: Patrick M. Hanis M Note: Please submit a certified copy of the Letters Testamentary, or in the case of intestate E administration, a certified copy of the Letters of Administration, showing that the grantor is the a court appointed Executor/Executrix or Administrator with the Recording Package. a� 6. Possible lien against the Estate of William E. Ruth; deceased, pursuant to RCW 43.20B.080 and N WAC 388-527-273C through 2790, in favor of the State of Washington, Department of Social and Health Services for recovery of costs of medical care provided, if any. 2 a. This exception may be deleted upon evidence satisfactory to the Company that no benefits have been received or that all such benefits received have been repaid. Please submit an assurance letter from the attorney representing the Estate for our review. c 7. Lien of State and Federal Estate Taxes, if any, upon the Estate of William E. Ruth, deceased. E z U County of: King Probate Case No.: 21-4-06982-1 a This exception may be deleted upon evidence satisfactory to the Company that no taxes are owing or that all taxes have been paid. Please submit an assurance letter from the attorney representing the Estate for our review. Buyer's Initials Seller's Initials EXHIBIT D - Real Estate Purchase and Sale Agreement Page IS of 26 Packet Pg. 28 4.D.a 8. We find no conveyances within the last 36 months. NOTE; The Recording No. of the last recorded deed of record is: 9606130675. 9. The land described in this commitment appears to be residential in nature and may be subject to the provisions of RCW 6.13.060 (Homestead Statute), if the land is occupied as a primary residence. If the land is occupied as a primary residence, all instruments conveying or encumbering the land must be executed by each spouse, individually, or by an attorney-in-fact. In N •L the event the Company receives instruments that are not joined by the non-owning spouse with 0 possible homestead rights, the Company may be unable to record or to insure the transaction. Q 16. The names of the proposed insured were not furnished in the application for title insurance, and when disclosed, the commitment will be subject to such matters as may be found by a search of E the records against said names. a� L The Company reserves the right to add additional items or make further requirements after review Q of the requested documentation. U) 11. For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4, the Company may amend this commitment to add; among other things, additional exceptions or requirements after the designation of the Proposed Insured. a 12. Reservations contained in deed from the Northern Pacific Railroad Company dated July 30, 1961, recorded September 21, 1901. under Recording No. 216187, as follows: a 0 L Reserving and excepting from said lands so much or such portions thereof as are or may be z mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations, and the right of access to such reserved and excepted mineral lands. including lands containing coal or iron for the purpose of exploring, developing and working the same. M The Company makes no representation as to the present ownership of any such interests. There E may be leases, grants, exceptions or reservations of interests that are not listed. a 13. Right to make necessary slopes for cuts or fills upon the land herein described as granted to King f° County by deed recorded under Recording No. 5849730. c� L a. End of Special Exceptions c m E z U 0 r Q Buyer's Initials Seller's Initials EXHIBIT D - Real Estate Purchase and Sale Agreement Page 19 of 26 Packet Pg. 29 4.D.a Parcel 212205-9098 Special Exceptions: I Due to reduced staffing at the county as a result of the pandemic and a large increase in documents submitted for recording: a� N o The Recorder's Office cannot guarantee expedited or same day service on any documents. o o The Recorder's Office is running about a week behind on documents submitted by mail. Q Documents that need to be signed off by the county prior to recording and are being hard r recorded may delay closing. m E These include transactions that are registered land, open space or receiving a special tax exception, commercial property, properties that have personal property taxes tied to the real a property and any properties that have an un-eliminated mobile home. This is informational only and will not appears on the forthcoming policy(ies)to be issued. U) c 2. The Land is situated within the boundaries of local taxing authority of City of Kent. c� CAUTION: Washington has a graduated excise tax rate for sales occurring on or after 111l2020 L for most properties, although a flat rate applies to properties formally classified and specially a valued as timberland or agricultural land on the day of closing. as The rate of real estate excise tax applicable to a sale prior to 111 f2020, is 1.78%. c L a. The rate of real estate excise tax to a sale on or after 1/112020 for properties which are not z formally classified and specially valued as timberland or agricultural land is: State portion: 1.10%on any portion of the sales price of$500,000 or less; M 1.23%on any portion of the sales price above $500,000, up to$1,500,000; M 2.75%on any portion of the sales price above $1,500,000, up to $3,000,000; 3.00%on any portion of the sales price above $3,000,000; E a� a Local portion: 0.50%on the entire sales price. An additional $5.00 State Technology Fee must be included in all excise tax payments. If the N transaction is exempt. an additional $5.00 Affidavit Processing Fee is required. L Any conveyance document must be accompanied by the official Washington State Excise Tax a Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be printed as legal size forms). c m E z U r Q Buyer's Initials Seller's Initials EXHIBIT D - Real Estate Purchase and Sale Agreement Page 20 of 26 Packet Pg. 30 4.D.a 3. General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent November 1, if not paid. Year: 2022 Amount billed: $4,770.56 Amount paid: $0.00 Amount unpaid: $4,770.56 Tax Account No.: 212205-9098-08 a� N Levy code: 1519 0 Assessed value of land: $390,000.00 Assessed value Q of improvements: $12,000.00 m Based on the Treasurer's records, the name and address of the last taxpayer/owner is: William E. Ruth 19400 108th Ave. SE#200 a Renton, WA 98055 U) 4. The legal description submitted has been modified to comply with the public records and to reflect the parties presumed intent. Closing instructions must indicate that the legal description has been reviewed and approved by all parties to this transaction. 5. We note that the Statutory Warranty Deed recorded under Recording No. 9606130676 contains an erroneous legal description in that it states Section 2,which should read Section 21, and must a be re-recorded to properly reflect the property intended to be conveyed. Any document drawn in connection with this transaction, should use the legal description as shown in Schedule A herein. a 0 L a. 6. Pending probate proceedings under a non-intervention will. The Personal Representative is z authorized to administer the estate without intervention of court and to transfer or encumber decedent's interest in the land. M Decedent: William E. Ruth M Will admitted: October 14, 2021 Personal Representative: Susan Marie Ruth a� Probate Case No.: 21-4-06982-1 Q Attorney for the Estate: Patrick M. Hanis c� Note: Please submit a certified copy of the Letters Testamentary, or in the case of intestate N administration, a certified copy of the Letters of Administration, showing that the grantor is the court appointed Executor/Executrix or Administrator with the Recording Package. a 7. Possible lien against the Estate of William E. Ruth. deceased, pursuant to ROW 43.20B.080 and WAC 386-527-2730 through 2790, in favor of the State of Washington, Department of Social and Health Services for recovery of costs of medical care provided, if any. c m This exception may be deleted upon evidence satisfactory to the Company that no benefits have E been received or that all such benefits received have been repaid. Please submit an assurance U letter from the attorney representing the Estate for our review. a Buyer's Initials Seller's Initials EXHIBIT D - Real Estate Purchase and Sale Agreement Page 21 of 26 Packet Pg. 31 4.D.a 8. Lien of State and Federal Estate Taxes, if any, upon the Estate of William E. Ruth, deceased. County of: King Probate Case No.: 21-4-06982-1 This exception may be deleted upon evidence satisfactory to the Company that no taxes are owing or that all taxes have been paid. Please submit an assurance letter from the attorney C representing the Estate for our review. L 0 9. We find no conveyances within the last 36 months. Q NOTE: The Recording No. of the last recorded deed of record is: 9606130676. c m E 10. The names of the proposed insured were not furnished in the application for title insurance, and when disclosed, the commitment will be subject to such matters as may be found by a search of a the records against said names. m The Company reserves the right to add additional items or make further requirements after review U) of the requested documentation. m 11. For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the 2 Company. As provided in Commitment Condition 4. the Company may amend this commitment to a add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. 0_ 0 12. Reservations contained in deed from the Northern Pacific Railroad Company dated July 30, 1901, a recorded September 21, 1901, under Recording No. 216187, as follows: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron. and also the use and the right and title to the use of such N surface ground as may be necessary for mining operations, and the right of access to such reserved and excepted mineral lands; including lands containing coal or iron for the purpose of exploring, developing and working the same. Q a� The Company makes no representation as to the present ownership of any such interests. There in may be leases. grants; exceptions or reservations of interests that are not listed. c� 13. Lack of a recorded easement providing access to the lands herein described from any public road. L a. NN� LPL d E M V Q Buyer's Initials Seller's Initials EXHIBIT D - Real Estate Purchase and Sale Agreement Page 22 of 26 Packet Pg. 32 4.D.a Parcel 212205-9037 Special Exceptions: 1. Due to reduced staffing at the county as a result of the pandemic and a large increase in documents submitted for recording: a� N o The Recorder's Office cannot guarantee expedited or same day service on any documents. o o The Recorder's Office is running about a week behind on documents submitted by mail. Q documents that need to be signed off by the county prior to recording and are being hard , recorded may delay closing. E These include transactions that are registered land, open space or receiving a special tax exception, commercial property, properties that have personal property taxes tied to the real property and any properties that have an un-eliminated mobile home. This is informational only and will not appears on the forthcoming policy(ies)to be issued. U) c 2. The Land is situated within the boundaries of local taxing authority of City of Kent. c� CAUTION: Washington has a graduated excise tax rate for sales occurring on or after 111l2020 2 for most properties; although a flat rate applies to properties formally classified and specially a valued as timberland or agricultural land on the day of closing. as The rate of real estate excise tax applicable to a sale prior to 1/112020, is 1.78%. o a The rate of real estate excise tax to a sale on or after 111{2020 for properties which are not � formally classified and specially valued as timberland or agricultural land is: State portion: 1.10%on any portion of the sales price of$500,000 or less; N 1.28%on any portion of the sales price above $500,000, up to$1,500,000; 2.75%on any portion of the sales price above $1,500,000, up to $3,000,000; 3.00%on any portion of the sales price above $3,000,000; a, a Local portion: 0.50%on the entire sales price. An additional $5.00 State Technology Fee must be included in all excise tax payments. If the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required. L Any conveyance document must be accompanied by the official Washington State Excise Tax a Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be printed as legal size forms). m E z U r Q Buyer's Initials Seller's Initials EXHIBIT D - Real Estate Purchase and Sale Agreement Page 23 of 26 Packet Pg. 33 4.D.a 3. General taxes and charges: 1st half delinquent May 1, if not paid; 2nd half delinquent November 1, if not paid. Year: 2022 Amount billed: $8,385.38 Amount paid: $0.00 Amount unpaid: $8,385.38 Tax Account No.: 212205-9037-02 C N •L Levy code: 1519 �0 Assessed value of land: $738,000.00 Q Assessed value , of improvements: $0.00 E Based on the Treasurer's records, the name and address of the last taxpayer/owner is: a William E. Ruth 19400 108th Ave. SE #200 Renton, WA 98055 4. The legal description in this commitment is based upon information provided with the application a for title insurance and the public records as defined in the policy to issue. The parties to the N forthcoming transaction must notify the title insurance company; prior to closing, if the description does not conform to their expectations. 2 a 5. A search of the public record did not disclose any open Mortgages or deeds of Trust for the property herein described. The Company reserves the right to require further evidence to confirm a that the property is unencumbered, and further reserves the right to make additional requirements a and/or to add additional items or exceptions upon receipt of the requested evidence. z 6. Pending probate proceedings under a non-intervention will. The Personal Representative is authorized to administer the estate without intervention of court and to transfer or encumber M decedent's interest in the land. M Decedent: William E. Ruth E 0 Will admitted: October 14, 2021 Q Personal Representative: Susan Marie Ruth Probate Case No.: 21-4-06982-1 N Attorney for the Estate: Pactrick M. Hanis Note: Please submit a certified copy of the Letters Testamentary, or in the case of intestate administration, a certified copy of the Letters of Administration, showing that the grantor is the a court appointed Executor/Executrix or Administrator with the Recording Package. 7. Possible lien against the Estate of William E. Ruth, deceased, pursuant to RCW 43.20B.080 and WAC 388-527-2730 through 2790, in favor of the State of Washington, department of Social and E Health Services for recovery of costs of medical care provided. if any. r This exception may be deleted upon evidence satisfactory to the Company that no benefits have a been received or that all such benefits received have been repaid. Please submit an assurance letter from the attorney representing the Estate for our review. Buyer's Initials Seller's Initials EXHIBIT D - Real Estate Purchase and Sale Agreement Page 24 of 26 Packet Pg. 34 4.D.a 8. Lien of State and Federal Estate Taxes, if any, upon the Estate of William E. Ruth, deceased. County of: King Probate Case No.: 21-4-06982-1 This exception may be deleted upon evidence satisfactory to the Company that no taxes are owing or that all taxes have been paid. Please submit an assurance letter from the attorney representing the Estate for our review. C N •L 9. We find no conveyances within the last 36 months. 0 NOTE: The Recording No. of the last recorded deed of record is: 9606130673. Q 10. The names of the proposed insured were not furnished in the application for title insurance, and when disclosed; the commitment will be subject to such matters as may be found by a search of E the records against said names. aM The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 11. For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. a 12. Reservations contained in deed from the Northern Pacific Railroad Company dated July 30, 1901, recorded September21, 1901, under Recording No. 216187, as follows: a 0 L Reserving and excepting from said lands so much or such portions thereof as are or may be a mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations, and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron for the purpose of exploring, developing and working the same. N n The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. a� a 13. Any restrictions on the use of any portion of the land subject to submergence that derive from the rights of the public and riparian owners to use any waters which may cover that portion. N m 14. Rights and easements of the public for commerce, navigation, recreation and fisheries. L 15. Any restrictions on the use of the land resulting from the rights of the public or riparian owners to a use any portion which is now, or has been, covered by water. 16. Lack of a recorded easement providing access to the lands herein described from any public road. c m E z U End of Special Exceptions Q Buyer's Initials Seller's Initials EXHIBIT D - Real Estate Purchase and Sale Agreement Page 25 of 26 Packet Pg. 35 4.D.a EXHIBIT E SALVAGE LIST Parlor Stove Three stained windows in the sunroom C N Washer, Dryer and appliances o Personal property Q a� E a� a� L Q II�^ V! V L L Q O L a. N� r M N M E a L NN� LPL d E M V Q Buyer's Initials Seller's Initials EXHIBIT E - Real Estate Purchase and Sale Agreement Page 26 of 26 Packet Pg. 36 4.E OFFICE OF THE CITY ATTORNEY Tammy White, Acting City Attorney 220 Fourth Avenue South \117KENT Kent, WA 98032 W A S ENT N G T O N 253-856-5770 DATE: August 2, 2022 TO: Operations and Public Safety Committee SUBJECT: Re-adoption of Laws and Regulations Adopted by Reference — Emergency Ordinance — Adopt MOTION: I move to declare an emergency and adopt Ordinance No. 4437, re-adopting, ratifying, and confirming all provisions adopted by reference in Title 9 of the Kent City Code, including the crime of cyber-harassment, and amending the code to clarify the filing obligations for future adoptions by reference under RCW 35A.12.140. SUMMARY: Under state law, the City of Kent is responsible for prosecuting adult misdemeanants who violate the law within the city limits of Kent. In adopting its criminal code, the City largely relies on crimes defined by the state legislature. However, in order to prosecute those crimes in Kent Municipal Court, the City must adopt them into the Kent City Code. This adoption occurs by referencing the state laws and indicating Council's intent that those laws be enforced in Kent through its municipal court. In addition to broadly adopting all misdemeanor and gross misdemeanor crimes, the Kent City Code also identifies some statutes by their RCW number and title. Once these codes are adopted by reference and the adopting ordinance is codified, the code reviser inserts hyperlinks within the Kent City Code, which allows the reader to directly access the state law on the state Legislature's website. Under state law, statutes and other regulations adopted by reference need not be published, but they are to be filed in the Office of the City Clerk for use and examination by the public. The law does not specify that a paper copy of the statutes must be filed in the Office of the City Clerk. In modern society, electronic records are the preferred means of storing records over paper due to the fact they are more easily accessed and electronic records are more environmentally friendly. As such, when access is requested to a law the City has adopted by reference, the City Clerk typically provides that access electronically by providing an online link. When a request is made for a copy of the law in print, the City Clerk obtains the law in print and provides it to the requester. An allegation was recently made that failing to maintain in print, directly in the City Clerk's Office, a copy of all laws adopted by reference affects the City's ability to enforce the law. While the Clerk's and public's access to the RCW should be sufficient to satisfy the requirement that a copy be filed in the Office of the City Packet Pg. 37 4.E Clerk, the City elects to re-adopt the various statutes, codes, and regulations previously adopted by reference in Title 9 of the Kent City Code, and to confirm and ratify all actions taken in reliance on that previous adoption and consistent with this ordinance. Staff recommends this ordinance be adopted on an emergency basis and applied retroactively back to the original date the statute, code, regulation, or other reference material was adopted by reference, as such reference material may have been amended through the years, the current version of which is on file with the City Clerk. Given the breadth of the pages in print, they are on file with the City Clerk and available for review by Council or the public. They have not been included in your online agenda packet. This ordinance is being presented to you for discussion at your Operations and Public Safety Committee meeting on August 2, 2022, and if approved there, it will proceed to the full Council meeting that same night on your Consent Calendar. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Re-Adoption of Title 9 KCC_Ordinance and Exs (PDF) Packet Pg. 38 4.E.a i m c c L O V L ORDINANCE NO.4437 W JT as c as L AN ORDINANCE of the City Council of the City of Kent, Washington, relating to codes, ordinances, regulations, and statutes adopted by reference in the Kent City Code to: (i) clarify the 2 filing obligations under RCW 35A.12.140, (ii) re- -0 adopt by reference the statutes and regulations Q adopted by reference in Title 9 of the Kent City Code, a as currently enacted or as subsequently amended or recodified from time to time; (iii) to ratify and U) confirm all actions previously taken in relation to 0 Title 9 of the Kent City Code; (iv) to amend KCC o 9.02.070 to identify the crime of cyber harassment c under RCW 9A.90.120; and (v) to declare an emergency requiring the ordinance be effective immediately and applied retroactively. 0 M N M N K RECITALS W c A. Through Kent City Code (KCC) section 9.02.020, the City has adopted by reference all provisions of the Revised Code of Washington E L (RCW) that constitute misdemeanors, gross misdemeanors, and Class C o� U felonies for purposes of criminal attempt charges; and the state law U Y provisions necessary for the investigation, arrest, prosecution, adjudication, sentencing, confinement, and enforcement of those crimes, or necessary for 0 the definition or interpretation of terms used therein; as those provisions c were enacted at the time of adoption, or as they are subsequently amended 0 or recodified from time to time. There are only a few crimes defined by state a a� law that were specifically not adopted for enforcement locally and those c a� E 1 Re-adoption of Title 9 of c The Kent City Code Q Packet Pg. 39 4.E.a I provisions are expressly identified in KCC 9.02.020(C). While this blanket adoption is consistent with case law for purposes of the municipal court's L jurisdiction, for convenience of the reader, the Kent City Code also identifies o by specific RCW reference some of those state laws adopted through KCC 9.02.020, which are set out in KCC 9.02.030 through KCC 9.02.620. W I B. Under RCW 35A.12.140, statutes and other regulations c adopted by reference need not be published, but they are to be filed in the JT Office of the City Clerk for use and examination by the public. The law does not specify that a paper copy of the statutes must be filed in the Office of a� the City Clerk. Prior to computers and the internet, microfilm was a c commonly used form of maintaining records. In modern society, electronic Q records are the preferred means of storing records over paper due to the fact they are more easily accessed and electronic records are more in environmentally friendly. 0 r a C. Public access to City records, including those filed in the Office of the City Clerk, is governed by the Public Records Act, Ch. 42.56 RCW (PRA) and the PRA recognizes that the term "records" includes electronic M N records. Importantly, an agency may fulfill a records request by"[p]roviding x an internet address and link on the agency's website to the specific records W requested, except that if the requester notifies the agency that he or she a� cannot access the records through the internet, then the agency must c provide copies of the record or allow the requester to view copies using an agency computer." See, RCW 42.56.520(1).1 Maintenance of the Kent City 0UI U Code is the responsibility of the City Clerk, and in accordance with the PRA, Y a� the code is maintained by the Clerk for public access at https//www.codepublishing.com/WA/Kent/. o 0 r Q. 0 Through the City's Administrative Policy applicable to public records, the City Clerk is identified as the Q City's Public Records Officer. See, KCC 1.05.010 and City of Kent Administrative Policy 1.5. Records are filed in and maintained through the City Clerk's Office, though they may be physically located in other locations throughout the City. When requests for public records are made, it is the City Clerk who produces those records, through her office, to requesters. E t 2 Re-adoption of Title 9 of c The Kent City Code Q Packet Pg. 40 4.E.a i D. The online version of the Kent City Code includes embedded links to all state statutes and state regulations adopted by reference, either directly to the referenced provision or generally through the state o Legislature's website at (http://a pp.leg.wa.gov/rcw/) (e.g., see Ch 9.02 KCC, and KCC 9.02.010(H)). Therefore, all state laws adopted by the Kent City Code, as well as code sections unique to the City, are available to any i person via the internet, and are technically on file in the Clerk's Office through the Clerk's access to the official RCW website. If the requester is ,� aD unable to access the internet, the Clerk can print the RCW and provide a written copy to the requester. a 0 E. Given government modernization, many statutes, codes, and Q regulations have transitioned to electronic maintenance of those records w 0 online, either in addition to or in place of their paper forms. RCW 4- 35A.12.140, originally adopted in 1967 and last amended in 1995, predates 0 the internet. While the Clerk's and public's access to the RCW should be o sufficient to satisfy the requirement that a copy be filed in the Office of the a� City Clerk, the City elects to re-adopt the various statutes, codes, and 0 regulations previously adopted by reference in Title 9 of the Kent City Code, M and to confirm and ratify all actions taken in reliance on that previous x w adoption and consistent with this ordinance. This ordinance is being adopted on an emergency basis and is intended to apply retroactively back to the original date the statute, code, regulation, or other reference material was adopted by reference, as such reference material may have been amended o through the years, the current version of which is on file with the City Clerk. U i U Y rn NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, r WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: o c 0 r a 0 a o: r E 3 Re-adoption of Title 9 of r The Kent City Code a Packet Pg. 41 4.E.a i m ORDINANCE L SECTION 1. - Findings. The recitals set forth above are hereby c adopted by the City Council as its findings of fact in support of the collective L action it takes through this ordinance. E w i SECTION 2. - Amendment - KCC 1.02.010. Section 1.02.010 of the Kent City Code, entitled "Generally", is amended as follows: ,� (D W Sec. 1.02.010. Generally. A. Adoptions by reference—Effect. All codes, ordinances, regulations or o statutes adopted by reference shall be effective when the ordinances Q adopting such codes, ordinances, regulations or statutes are passed and w published as required by the general laws of the city and the state. All codes, U) 4- ordinances, regulations, or statutes adopted by reference shall be effective 0 as if fully set out in the adopting ordinance. o B. Maintenance and update of adopted materials. A copy of W such adopted codes, ordinances, regulations, or statutes will be on is-filed N M with the city clerk. effeetove as of fully set eut On the adepting erdinanee-. For purposes of this w section, an adopted code, ordinance, regulation, or statute is considered to be "on file" with the city clerk when it is available through the city clerk's c office in print, digital, or other producible and accessible format. The city 0 clerk's maintenance on file of codes, ordinances, regulations, or statutes U� U adopted by reference is a ministerial act that does not affect the validity, Y authority, or scope of any council adopted ordinance or any codes r ordinances, regulations, or statutes adopted by reference therein. o 0 r SECTION 3. - Amendment - KCC 1.02.020. Section 1.02.020 of the o Kent City Code, entitled "Amendments to Revised Code of Washington, a a� o: r a� E 4 Re-adoption of Title 9 of r The Kent City Code a Packet Pg. 42 4.E.a i Washington Administrative Code, or King County Code sections adopted", is °; amended as follows: 0 Sec. 1.02.020. Amendments to codes, ordinances, regulations, a� and statutes adopted by referenceRevised Code of Washingt E w i adopted. All codes, ordinances, regulations, and statutes adopted by c reference in any section of the Kent City QpFeV'slens of the Revised Cede 4- a� adopted by the city by FefeFen , unless otherwise stated, shall include all subsequent amendments and recodifications thereto. The city clerk is o authorized to administratively update the version of the codes, ordinances, Q regulations, or statutes adopted by reference and maintained on file in 2 w accordance with KCC 1.02.010 to reflect the most recent iteration, including U) 4- any subsequent amendments or recodifications, unless the city council's r_ 0 ordinance adopting the code, ordinance, regulation, or statute by reference o states otherwise. Such amendments shall becerne effectuve when ene f�o a� o M N M SECTION 4, — Re-Adoption of Previously Adopted Codes, Ordinances, x Regulations and Statutes within Title 9 of the Kent City Code. Attached as w Exhibit A is a printed version of Title 9 of the Kent City Code, maintained by the City Clerk for public access at c https//www.codepublishing.com/WA/Kent/. Attached as Exhibit B is 0 Ordinance 4436, adopted on July 19, 2022, amending Chapter 9.02 of the U Kent City Code. The City Council hereby re-adopts by reference in Title 9 of Y rn the Kent City Code each code, ordinance, regulation, and statute previously r i= adopted by reference, including without limitation those identified in Exhibit o r_ A and Exhibit B, as those codes, ordinances, regulations, and statutes are r _ a currently enacted or as they may be subsequently amended or recodified a from time to time. A copy of the codes, ordinances, regulations, and statutes 6 r a� E 5 Re-adoption of Title 9 of r The Kent City Code a Packet Pg. 43 4.E.a i included within Exhibit A and Exhibit B are on file with the City Clerk for °; review. _ a 0 SECTIONS. - Amendment - Section 9.02.070. Section 9.02.070 of c a� the Kent City Code, entitled "RCW Title 9A, entitled Washington Criminal as Code' - Adoption by reference," is amended as follows to add the crime of w i cyber harassment, RCW 9A.90.120, a copy of which is on file with the City c Clerk for review: ;v aD 4- (D o: Sec. 9.02.070. RCW Title 9A, entitled "Washington Criminal � Code" - Adoption by reference. The following RCW sections, as currently a enacted or as hereafter amended or recodified from time to time, are hereby Q adopted by reference and shall be given the same force and effect as if set a forth herein in full: w U) 4- 0 RCW o r 9A.04.020 Purposes - Principles of construction. 0 9A.04.030 State criminal jurisdiction. 9A.04.040 Classes of crimes. 9A.04.050 People capable of committing crimes - Capability of children. o 9A.04.060 Common law to supplement statute. M 9A.04.070 Who amenable to criminal statutes. 9A.04.080 Limitation of actions. w 9A.04.090 Application of general provisions of the code. 9A.04.100 Proof beyond a reasonable doubt. 9A.04.110 Definitions. 9A.08.010 General requirements of culpability. 9A.08.020 Liability for conduct of another - Complicity. 9A.08.030 Entity and personal liability. 0� 9A.12.010 Insanity. U U 9A.16.010 Definitions. Y 9A.16.020 Use of force - When lawful. 9A.16.060 Duress. 9A.16.070 Entrapment. 0 9A.16.080 Action for being detained on mercantile establishment premises c for investigation - "Reasonable grounds" as defense. a 9A.16.090 Intoxication. 9A.16.100 Use of force on children - Policy - Actions presumed a a� unreasonable. 9A.16.120 Outdoor music festival, campground - Detention. E 6 Re-adoption of Title 9 of r The Kent City Code a Packet Pg. 44 4.E.a i 9A.20.010 Classification and designation of crimes. °; 9A.20.021 Maximum sentences for crimes committed July 1, 1984, and after. a 9A.20.030 Alternative to a fine - Restitution. O 9A.28.020 Criminal attempt. 9A.28.030 Criminal solicitation. 9A.28.040 Criminal conspiracy. 9A.36.031 Assault in the third degree. w 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment. 9A.36.060 Promoting a suicide attempt. ;v aD 9A.36.070 Coercion. a 9A.36.080 Hate crime offense- Definition and criminal penalty. 9A.36.100 Custodial assault. 9A.36.140 Assault of a child in the third degree. 2 9A.36.150 Interfering with the reporting of domestic violence. 0 9A.36.160 Failing to summon assistance. Q 9A.36.161 Failing to summon assistance - Penalty. a 9A.40.010 Definitions. 9A.40.040 Unlawful imprisonment. n 9A.40.060 Custodial interference in the first degree. o 9A.40.070 Custodial interference in the second degree. o 9A.40.080 Custodial interference - Assessment of costs - Defense - a Consent defense, restricted. 9A.40.090 Luring. 9A.40.110 Coercion of involuntary servitude. 9A.40.120 Enforcement of orders restricting contact. N 9A.42.010 Definitions. 9A.42.030 Criminal mistreatment in the second degree. x 9A.42.035 Criminal mistreatment in the third degree. w 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 - o Exception. L� 9A.42.080 Abandonment of a dependent person in the third degree - Y Exception. 9A.42.090 Abandonment of a dependent person - Defense. r 9A.42.110 Leaving a child in the care of a sex offender. 4- 9A.44.010 Definitions. ° c 9A.44.020 Testimony - Evidence - Written motion - Admissibility. ° r 9A.44.030 Defenses to prosecution under this chapter. o 9A.44.060 Rape in the third degree. a 9A.44.079 Rape of a child in the third degree. 6 9A.44.089 Child molestation in the third degree. r 9A.44.093 Sexual misconduct with a minor in the first degree. 7 Re-adoption of Title 9 of r The Kent City Code a Packet Pg. 45 4.E.a i 9A.44.096 Sexual misconduct with a minor in the second degree. 9A.44.105 Sexually violating human remains. 9A.44.115 Voyeurism. 9A.44.120 Admissibility of child's statement - Conditions. o 9A.44.128 Definitions applicable to RCW 9A.44.130 through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and 72.09.330. 9A.44.130 Registration of sex offenders and kidnapping offenders - a� Procedures - Definition - Penalties. W 9A.44.132 Failure to register as sex offender or kidnapping offender. 9A.44.150 Testimony of child by closed-circuit television. 9A.44.160 Custodial sexual misconduct in the first degree. 9A.44.170 Custodial sexual misconduct in the second degree. JT 9A.44.180 Custodial sexual misconduct - Defense. 9A.44.190 Criminal trespass against children - Definitions. 9A.44.193 Criminal trespass against children - Covered entities. 2 9A.44.196 Criminal trespass against children. -°a 9A.44.210 Court initiated issuance of sexual assault no-contact orders— Q Terms, conditions, requirements, etc. r 9A.46.010 Legislative finding. 9A.46.020 Definition - Penalties. U) 9A.46.030 Place where committed. o 9A.46.040 Court-ordered requirements upon person charged with crime - o Violation. a 9A.46.050 Arraignment - No contact order. 9A.46.060 Crimes included in harassment. a� 9A.46.070 Enforcement of orders restricting contact. 9A.46.080 Order restricting contact - Violation. N 9A.46.085 Stalking no-contact orders - Appearance before magistrate required. x 9A.46.090 Nonliability of peace officer. W 9A.46.100 "Convicted," time when. 9A.46.110 Stalking. 9A.46.120 Criminal gang intimidation. 9A.48.010 Definitions. 9A.48.040 Reckless burning in the first degree. o 9A.48.050 Reckless burning in the second degree. UI 9A.48.060 Reckless burning - Defense. L) Y 9A.48.080 Malicious mischief in the second degree. a� 9A.48.090 Malicious mischief in the third degree. r 9A.48.100 Malicious mischief - "Physical damage" defined. � 9A.48.105 Criminal street gang tagging and graffiti. 0 0 9A.48.110 Defacing a state monument. ° 9A.49.001 Findings. o 9A.49.010 Definitions. a 9A.49.020 Unlawful discharge of a laser in the first degree. 6 9A.49.030 Unlawful discharge of a laser in the second degree. 9A.49.040 Civil infraction, when. 8 Re-adoption of Title 9 of c The Kent City Code Q Packet Pg. 46 4.E.a i 9A.49.050 Exclusions. 9A.50.010 Definitions. 9A.50.020 Interference with health care facility. 9A.50.030 Penalty. o 9A.50.060 Informational picketing. 9A.52.010 Definitions. 9A.52.050 Other crime in committing burglary punishable. 9A.52.060 Making or having burglar tools. W 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. JT 9A.52.100 Vehicle prowling in the second degree. 9A.52.105 Removal of unauthorized persons - Declaration - Liability - Rights. 2 9A.52.115 Removal of unauthorized persons - Declaration form - Penalty -0 for false swearing.1 Q 9A.56.010 Definitions. a 9A.56.020 Theft - Definition, defense. 9A.56.040 Theft in the second degree. U) 9A.56.050 Theft in the third degree. o 9A.56.060 Unlawful issuance of checks or drafts. o 9A.56.063 Making or possessing motor vehicle theft tools. c 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, lease-purchased, or loaned property. 9A.56.100 Theft and larceny equated. M 9A.56.110 Extortion - Definition. 9A.56.130 Extortion in the second degree. x 9A.56.140 Possessing stolen property - Definition - Presumption. W 9A.56.160 Possessing stolen property in the second degree - Other than firearm or motor vehicle. a� 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. o 9A.56.230 Unlawful sale of subscription television services. UI 9A.56.240 Forfeiture and disposal of device used to commit violation. L) Y 9A.56.260 Connection of channel converter. a� 9A.56.262 Theft of telecommunication services. 9A.56.264 Unlawful manufacture of telecommunication device. 9A.56.266 Unlawful sale of telecommunication device. ° c 9A.56.270 Shopping cart theft. ° 9A.56.280 Credit, debit cards, checks, etc. - Definitions. o 9A.56.290 Credit, payment cards - Unlawful factoring of transactions. a 9A.56.320 Financial fraud - Unlawful possession, production of instruments of. 9A.56.330 Possession of another's identification. 9 Re-adoption of Title 9 of c The Kent City Code Q Packet Pg. 47 4.E.a i 9A.56.340 Theft with the intent to resell. 9A.56.350 Organized retail theft. 9A.56.360 Retail theft with special circumstances. 9A.56.370 Mail theft. o 9A.56.380 Possession of stolen mail. c 9A.56.390 Mail theft - Possession of stolen mail - Commission of other L crime. 9A.58.010 Definitions. w 9A.58.020 Possessing, or reading or capturing, information contained on another person's identification document - Exceptions. 9A.60.010 Definitions. ;v - 9A.60.020 Forgery. 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. 2 9A.60.050 False certification. �° 9A.60.060 Fraudulent creation or revocation of a mental health advance Q directive. a 9A.60.070 False academic credentials - Unlawful issuance or use - Definitions - Penalties. U) 9A.60.080 Impersonating a census taker. o 9A.61.010 Definitions. o 9A.61.020 Defrauding a public utility. o 9A.61.040 Defrauding 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.64.010 Bigamy. M 9A.64.020 Incest. 9A.64.030 Child selling - Child buying. x 9A.68.020 Requesting unlawful compensation. w 9A.68.030 Receiving or granting unlawful compensation. 9A.68.040 Trading in public office. 9A.68.050 Trading in special influence. 9A.72.010 Definitions. 9A.72.030 Perjury in the second degree. o 9A.72.040 False swearing. 9A.72.050 Perjury and false swearing - Inconsistent statements - Degree Y of crime. 9A.72.060 Perjury and false swearing - Retraction. r 9A.72.070 Perjury and false swearing - Irregularities no defense. 4- 9A.72.080 Statement of what one does not know to be true. ° c 9A.72.085 Unsworn statements, certification - Standards for subscribing r to an unsworn statement. o 9A.72.120 Tampering with a witness. a 9A.72.140 Jury tampering. 6 9A.72.150 Tampering with physical evidence. 9A.76.010 Definitions. E 10 Re-adoption of Title 9 of r The Kent City Code a Packet Pg. 48 4.E.a i 9A.76.023 Disarming a law enforcement or corrections officer. 9A.76.025 Disarming a law enforcement or corrections officer - Commission of another crime. a L 9A.76.027 Law enforcement or corrections officer engaged in criminal o conduct. 9A.76.030 Refusing to summon aid for a peace officer. 9A.76.040 Resisting arrest. a� 9A.76.050 Rendering criminal assistance - Definition of term. W 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. JT 9A.76.100 Compounding. 9A.76.150 Introducing contraband in the second degree. 9A.76.160 Introducing contraband in the third degree. 2 9A.76.170 Bail jumping. -°a 9A.76.175 Making a false or misleading statement to a public servant. Q 9A.76.177 Amber alert - Making a false or misleading statement to a a public servant. 9A.76.190 Failure to appear or surrender - Affirmative defense - Penalty. n 9A.76.200 Harming a police dog, accelerant detection dog, or police horse o - Penalty. o 9A.80.010 Official misconduct. a 9A.82.010 Definitions. 9A.82.045 Collection of unlawful debt. a� 9A.82.055 Trafficking in stolen property in the second degree. 9A.82.070 Influencing outcome of sporting event. M 9A.82.080 Use of proceeds of criminal profiteering - Controlling enterprise or realty - Conspiracy or attempt. x 9A.82.100 Remedies and procedures. W 9A.82.120 Criminal profiteering lien - Authority, procedures. 9A.82.130 Criminal profiteering lien - Trustee of real property. 9A.82.160 Criminal profiteering lien - Trustee's failure to comply, evasion of procedures or lien. 9A.82.170 Financial institution records - Inspection and copying - o Wrongful disclosure. L� 9A.84.010 Criminal mischief. L) Y 9A.84.020 Failure to disperse. a� 9A.84.040 False reporting. r 9A.86.010 Disclosing intimate images. 9A.88.010 Indecent exposure. 0 0 9A.88.030 Prostitution. 9A.88.040 Prosecution for prostitution under RCW 9A.88.030 - Affirmative o defense. a 9A.88.050 Prostitution - Sex of parties immaterial - No defense. 6 9A.88.060 Promoting prostitution - Definitions. 9A.88.080 Promoting prostitution in the second degree. 11 Re-adoption of Title 9 of c The Kent City Code Q Packet Pg. 49 4.E.a i 9A.88.085 Promoting travel for prostitution. 9A.88.090 Permitting prostitution. 9A.88.110 Patronizing a prostitute. 9A.88.120 Additional fee assessments. o 9A.88.130 Additional requirements. 9A.88.140 Vehicle impoundment - Fees - Fines. 9A.88.150 Seizure and forfeiture. a� 9A.90.030 Definitions. W 9A.90.040 Computer trespass in the first degree. 9A.90.050 Computer trespass in the second degree. 9A.90.060 Electronic data service interference. 9A.90.070 Spoofing. JT 9A.90.080 Electronic data tampering in the first degree. 9A.90.090 Electronic data tampering in the second degree. 9A.90.100 Electronic data theft. 2 9A.90.110 Commission of other crime. -0 9A.90.120 Cyber harassment. Q 9A.90.130 Cyberstalking. a SECTION 6. - Ratification. Through the adoption of this ordinance, _ the City Council hereby ratifies and confirms in all respects all prior codes, o ordinances, regulations, and statutes adopted by Council and all a amendments and recodifications thereto; all actions taken by the City in reliance on previous codes, ordinances, regulations, and statutes adopted o M by reference and prior to the effective date of the re-adoption provided for in this ordinance; and cures ministerial defects, if any, related to such prior w adoptions. a� U SECTION 7. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such o decision shall not affect the validity of the remaining portion of this ordinance L) i U Y and the same shall remain in full force and effect. a� a� SECTIONS. - Corrections by City Clerk or Code Reviser. Upon o r_ approval of the city attorney, the city clerk and the code reviser are Q. authorized to make necessary corrections to this ordinance, including the a correction of clerical errors; ordinance, section, or subsection numbering; or 6 references to other local, state, or federal laws, codes, rules, or regulations. E 12 Re-adoption of Title 9 of c The Kent City Code Q Packet Pg. 50 4.E.a i m SECTION 9. - Effective Date. The City Council finds and declares that an emergency exists which necessitates that this ordinance become effective o immediately in order to preserve the public health, safety and welfare. This a� ordinance, having been adopted by unanimous vote, shall become effective 0) immediately upon passage, and further shall be considered retroactively w i effective as of the date each code, ordinance, regulation, or statute adopted c by reference took effect. The City Clerk is directed to publish a summary of ;v (D 4- this ordinance at the earliest possible publication date. a� August 2, 2022 0 DANA RALPH, MAYOR Date Approved Q a� r w ATTEST: U) 4- 0 c 0 August 2, 2022 a KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted a� August 5, 2022 Date Published M N M_ APPROVED AS TO FORM: x w c a� TAMMY WHITE, ACTING CITY ATTORNEY c E L O U U Y rn a� r H 4- 0 c 0 r Q 0 a o: r E 13 Re-adoption of Title 9 of r The Kent City Code a Packet Pg. 51 4.E.a i EXHIBIT A c c Title 9 of the Kent City Code 0 L E W V L d Nd LPL O Q U) O O Q O d 0 M N M N K W C R N v C cC C E L 0 U U Y rn m r i- O c O r O Q m r c m E t v .r a Packet Pg. 52 4.E.a i Title 9 c PUBLIC SAFETY L 0 Chapters: a� L Subtitle I.In General E E w 9.01 Emergency Services a, c as Subtitle 11. Offenses and Miscellaneous Provisions d 9.02 Criminal Code >, 9.03 Rewards for Information Leading to Arrest 9.04 Massage and Reflexology Services 9.05 Seizure,Forfeiture, and Disposal of Unclaimed Property,Firearms, and Property .0 Associated with Controlled Substances Q 9.08 Audible Intrusion Alarms 9.09 Curfew and Parental Responsibility for Juveniles 9.12 Narcotics and Barbiturates U) 9.32 Conduct in Alcoholic Beverage Premises 0 9.34 Corrections Facility o r a Subtitle III. Traffic and Motor Vehicles -°a m 9.36 Traffic Code 9.37 Traffic Violations Bureau 04 9.38 Parking 9.39 Towing 9.40 Speed Limits W 9.41 Bicycle Helmets 9.42 Unlawful Race Attendance a� 9.43 Stay Out of Areas of Racing—SOAR 9.44 Motorized Wheeled Transportation Devices �a L 0 U U Y rn m r H 0 c O r 0 Q m r c m E t v 0 .r a 9-1 (Revised 7/15) Packet Pg. 53 4.E.a i m c c L O V L E W V L d Nd LPL O Q U) w- O r_ O Q O d 0 M N M N K W C R N v C cC C E L 0 U U Y rn m r H O c O r O Q m r c m E t v .r a Packet Pg. 54 4.E.a Kent City Code 9.01.040 i Subtitle L In General son is appointed by the mayor. The director shall be directly responsible for the organization,admin- Chapter 9.01 istration and operation of the emergency manage- S ment organization. O EMERGENCY SERVICES (Ord.No. 2622. Formerly Code 1986, § 9.14.020) c m Sections: 9.01.030 Emergency management a' 9.01.010 Emergency management organization organization—Powers. E —Established. The emergency management organization shall w 9.01.020 Emergency management organization have all powers granted under RCW 38.52.005 et � —Director. seq. and as may otherwise be provided by law. 9.01.030 Emergency management organization (Ord.No. 2622. Formerly Code 1986, § 9.14.030) ,d —Powers. m 9.01.040 Enhanced 911 (E-911) service— 9.01.040 Enhanced 911 (E-911)service— Declaration of policy, findings, intent. Declaration of policy,findings, 0 9.01.050 Enhanced 911 (E-911) service— intent. a Scope. A. It is declared to be the policy of the city, in -°a 9.01.060 Enhanced 911 (E-911) service— the exercise of its police powers for the protection Q Definitions. of the public health, safety and general welfare, 2 9.01.070 Enhanced 911 (E-911) service— that all of the citizens of the city be provided with Enforcement authority. emergency telephone service that is on a par with, � 9.01.080 Enhanced 911 (E-911) service—Fees. or is equal to the best available technology. The E- o 9.01.090 Enhanced 911 (E-911) service— 911 service currently available to the citizens of the o Liability. city allows caller identification and appropriate 9.01.100 Enhanced 911 (E-911) service— routing to an operator in the public safety answer- a cc Service or interface products required. ing point or emergency telecommunication center. 6 9.01.110 Enhanced 911 (E-911) service— It is the intent of the city, in the implementation of Enforcement. KCC 9.01.040 through 9.01.120,that all telephone M 04 9.01.120 Enhanced 911 (E-911) service— systems installed in new construction must provide Appeals. service or products that will interface with the E- x 911 system to provide these benefits to all citizens. w 9.01.010 Emergency management B. It is further declared that the installation of organization—Established. such products or services is not only critical to the Pursuant to RCW 38.52.005 et seq., there is health,safety and welfare of the general public,but c hereby established in the city an emergency man- also to provide an effective means for city fire, c agement organization for the purpose of perform- medical and police units to efficiently locate and E ing emergency services functions in support of city promptly respond to any emergency. 1 operations. C. The express purpose of KCC 9.01.040 v (Ord. No. 2622; Ord. No. 3747, § 1, 5-3-05. For- through 9.01.120 is to provide for and promote the Y merl Code 1986 9.14.010 Y � § ) health, safety and welfare of the general public, m and not to protect individuals or create or otherwise P State law reference(s) — Emergency continuity of govern- ._ meet,RCW 35A.42.030;continuity of government act,RCW establish or designate any particular class or group o 42.14.050 et seq.; emergency management act, RCW of people who will or should be especially pro- c 38.52.005 et seq. tected or benefitted by the terms of KCC 9.01.040 Q. through 9.01.120. The obligation of complying -°a 9.01.020 Emergency management with the requirements of KCC 9.01.040 through organization—Director. 9.01.120 and the liability for failing to do so is The director of the emergency management organization shall be the city fire chief or desig- E nated representative, unless and until another per- U a 9-3 (Revised 6/05) Packet Pg. 55 4.E.a 9.01.050 Kent City Code i hereby placed upon the owner and/or occupant or public safety answering point, based on the loca- persons responsible for the conditions of the build- tion of the calling party, and also provides certain ings or premises. caller information("ANI"and"ALI")to the public (Ord.No. 3012, § 2, 11-19-91) safety answering point telecommunicator as each O call is taken. 9.01.050 Enhanced 911 (E-911) service— PBX means private area branch exchange, Scope. which is a private phone system allowing commu- a' KCC 9.01.040 through 9.01.120 shall apply to nication within a business and between a business E all buildings, appurtenant structures and premises and the outside world. PBX lines were designed to w i hereafter constructed in the city, in which tele- provide telephone communications to large groups phone systems are installed;and shall also apply to of people without having dedicated central office any building, structure or premises which is here- lines for each station. ,d after altered, rehabilitated or repaired and for PSAP means the public safety answering point, which alteration,rehabilitation or repair any permit which is normally based upon the calling party's is required by any code provision or ordinance. address. Existing buildings, appurtenant structures and pre- Selective routing means that function of tele- a mises which have been constructed prior to phone service which will direct the call to the prop- -°a November 19, 1991, shall not be affected by the er PSAP,based upon the calling party's address. Q requirements described herein. (Ord.No. 3012, § 1, 11-19-91) W (Ord.No. 3012, § 3, 11-19-91) Cross reference(s) — Definitions and rules of construction U) 9.01.060 Enhanced 911 (E-911) service— generally,§ 1.01.030. o Definitions. o The following words, terms and phrases, when 9.01.070 Enhanced 911 (E-911) service— CL c used in KCC 9.01.040 through 9.01.120,shall have Enforcement authority. A. The the meanings ascribed to them in this section, fire chief is hereby designated the city except where the context clearly indicates a differ- officer to exercise the powers granted under KCC 9.01.040 through 9.01.120, except that the fire o ent meaning: r� chief may call upon any city department to aid in 04 ALI means Automatic Location Identification, implementation and enforcement of KCC 9.01.040 which is made up of the telephone number, the through 9.01.120. x class of service of the phone (residence, business, w coin, PBX, etc.) the date and the time of the call. B. The fire chief is authorized to adopt such ALI further includes the name, address and city of rules as are necessary to implement the require- the caller's location, the routing code of the call, menu of KCC 9.01.040 through 9.01.120 and to carry out the duties hereunder. ca the pilot number and the port or trunk that the call c was received on. The name of the PSAP is listed (Ord.No. 3012, § 4, 11-19-91) L along with the predetermined agencies which are 01 9.01.080 Enhanced 911 (E-911)service— 0 responsible for police, fire or medical response to Fees. Y that address. No fees shall be charged for inspection of build- ANI means that data stream which is made up of m a single digit which indicates the trunking of the ings or premises for compliance with KCC call and the seven(7)digit telephone number of the 9.01.040 through 9.01.120, if such inspection is c carried out in conjunction with any required calling party's phone. c inspection under the building and CTX means Centron/Centrex/Centraflex, which fire codes. a is a single line phone service over a dedicated cen- (Ord.No. 3012, § 5, 11-19-91) tral office line, delivered to individual desks in a business,with added features. E-911 means the telephone service that enables c the public to dial the three(3)digit emergency tele- E phone number "911" and reach the appropriate c� a (Revised 6/05) 9-4 Packet Pg. 56 4.E.a Kent City Code 9.01.120 i 9.01.090 Enhanced 911 (E-911) service— purposes of KCC 9.01.040 through 9.01.120, the Liability. word permit shall mean either a building permit or Nothing contained in KCC 9.01.040 through tenant improvement permit. 9.01.120 is intended to be nor shall be construed to (Ord.No. 3012, § 9, 11-19-91) O create or form the basis for any liability on the part of the city,or its officers,employees,or agents,for 9.01.120 Enhanced 911 (E-911) service— any injury or damage resulting from the failure of Appeals. E an owner of property or land to comply with the Any party affected by a decision of the fire chief E provisions of KCC 9.01.040 through 9.01.120, or not to issue a permit or certification of occupancy w by reason or in consequence of any inspection, pursuant to KCC 9.01.110 may,within fifteen(15) notice, order certificate, permission, or approval days after the date of the decision,only petition the authorized or issued or done in connection with the superior court for review of the fire chief s deci- ,d implementation or enforcement of KCC 9.01.040 sion. Appeals from KCC 9.01.040 through through 9.01.120, or by reason of any action or 9.01.120 to the board of appeals as provided in inaction on the part of the city related in any man- Section 108 of the International Fire Code,adopted ner to the enforcement of KCC 9.01.040 through in KCC 13.01.010,are not allowed. a 9.01.120 by its officers, employees,or agents. (Ord. No. 3012, § 10, 11-19-91; Ord. No. 3691, -°a (Ord.No. 3012, § 6, 11-19-91) § 7, 5-4-04) Q a� r 9.01.100 Enhanced 911 (E-911) service— Service or interface products in required. 0 A. Every building, appurtenant structure, or o premises within the city shall, where a telephone c system is installed,also have telephone services or products installed which will properly interface with the E-911 system by making the following ALI-ANI information available to the PSAP on the04 PSAP's receiving screen when any party within the system calls 911: x 1. Name. w 2. Address and building number,unit number (if applicable). `° M 3. Telephone number. 4. City. c 5. Appropriate police, fire response. E 6. Class of service (PBX, coin phone, resi- vi dence). v B. In addition to the above,service must also be Y rn provided which will selectively route 911 calls to m the appropriate PSAP jurisdiction on any phone in the building, appurtenant structure,or premises. o (Ord.No. 3012, § 8, 11-19-91) c a 9.01.110 Enhanced 911 (E-911) service— -°a Enforcement. Q m No permit or certificate of occupancy shall issue for any construction not conforming to the require- c ments of KCC 9.01.040 through 9.01.120. For the E z c� a 9-5 (Revised 5/21) Packet Pg. 57 4.E.a Kent City Code i Subtitle II. Offenses and Miscellaneous 9.02.170 RCW Title 28A,entitled"Common Provisions School Provisions"—Adoption by reference. Chapter 9.02 9.02.180 Chapter 29A.84 RCW, entitled O "Crimes and penalties"—Adoption by CRIMINAL CODE reference. m 9.02.190 RCW Title 30A,entitled"Washington m Sections: Commercial Bank Act"—Adoption by E 9.02.010 Preliminary article. reference. w 9.02.020 Adoption of sections of Revised Code i p 9.02.200 RCW Title 30B,entitled"Washington as of Washington not specifically set Trust Institutions Act'—Adoption by forth in KCC 9.02.030 through reference. 9.02.620. 9.02.210 RCW Title 31, entitled 9.02.030 Session laws not yet codified. "Miscellaneous Loan Agencies"— 9.02.040 RCW Title 2, entitled"Courts of Adoption by reference. Record"—Adoption by reference. 9.02.220 RCW Title 32,entitled"Washington a 9.02.050 RCW Title 7, entitled"Special Savings Bank Act'—Adoption by -°a Proceedings and Actions"—Adoption reference. Q by reference. 9.02.230 RCW Title 33,entitled"Washington 9.02.060 RCW Title 9, entitled"Crimes and Savings Associations Act"—Adoption Punishments"—Adoption by by reference. U) reference. 9.02.240 RCW Title 35, entitled"Cities and o 9.02.070 RCW Title 9A, entitled"Washington Towns"—Adoption by reference. o Criminal Code"—Adoption by 9.02.250 RCW Title 35A,entitled"Optional c reference. Municipal Code"—Adoption by 9.02.080 RCW Title 10,entitled"Criminal reference. m Procedure"—Adoption b reference. p Y 9.02.260 RCW Title 36, entitled"Counties"— .. 9.02.090 Chapter 13.32A RCW,entitled Adoption by reference. "Family Reconciliation Act"— 9.02.270 RCW Title 38, entitled"Militia and Adoption by reference. Military Affairs"—Adoption by u, 9.02.100 RCW Title 16,entitled"Animals and reference. w Livestock"—Adoption by reference. 9.02.280 RCW Title 39, entitled"Public 9.02.110 Chapter 17.04 RCW, entitled"Weed Contracts and Indebtedness"— a� districts"—Adoption by reference. Adoption by reference. c 9.02.120 RCW Title 19,entitled"Business 9.02.290 Chapter 40.16 RCW, entitled"Penal c Regulations—Miscellaneous"— provisions"—Adoption by reference. E Adoption by reference. 9.02.300 RCW Title 41, entitled"Public i 9.02.130 Chapter 20.01 RCW, entitled Employment, Civil Service, and v "Agricultural products—Commission Pensions"—Adoption by reference. Y merchants,dealers,brokers,buyers, 9.02.310 RCW Title 42, entitled"Public m agents"—Adoption by reference. Officers and Agencies"—Adoption by 9.02.140 Chapter 22.32 RCW, entitled reference. o "General penalties"—Adoption by 9.02.320 RCW Title 43, entitled"State c reference. Government—Executive"—Adoption a 9.02.150 RCW Title 26, entitled"Domestic by reference. 13 Relations"—Adoption by reference. 9.02.330 Chapter 44.16 RCW, entitled a 9.02.160 RCW Title 27, entitled"Libraries, "Legislative Inquiry"—Adoption by Museums,and Historical Activities"— reference. c Adoption by reference. 9.02.340 RCW Title 46, entitled"Motor E Vehicles"—Adoption by reference. c� a (Revised 5/21) 9-6 Packet Pg. 58 4.E.a Kent City Code i 9.02.350 RCW Title 47, entitled"Public 9.02.550 Chapter 72.09 RCW, entitled Highways and Transportation"— "Department of corrections"— Adoption by reference. Adoption by reference. 9.02.360 RCW Title 48, entitled"Insurance"— 9.02.560 Chapter 73.04 RCW, entitled 0 Adoption by reference. "General provisions"—Adoption by 9.02.370 RCW Title 49, entitled"Labor reference. m Regulations"—Adoption by reference. 9.02.570 RCW Title 74, entitled"Public m 9.02.380 RCW Title 50, entitled Assistance"—Adoption by reference. E "Unemployment Compensation"— 9.02.580 RCW Title 78,entitled"Mines, w Adoption by reference. Minerals, and Petroleum"—Adoption 0) 9.02.390 RCW Title 51, entitled"Industrial by reference. Insurance"—Adoption by reference. 9.02.590 RCW Title 80, entitled"Public ,d 9.02.400 Chapter 52.12 RCW,entitled"Powers Utilities"—Adoption by reference. —Burning permits"—Adoption by 9.02.600 RCW Title 81, entitled reference. "Transportation"—Adoption by 9.02.410 RCW Title 53, entitled"Port reference. a Districts"—Adoption by reference. 9.02.605 RCW Title 82,entitled"Excise Tax"— -°a 9.02.420 Chapter 57.08 RCW, entitled Adoption by reference. Q "Powers"—Adoption by reference. 9.02.610 Chapter 88.02 RCW, entitled"Vessel 9.02.430 RCW Title 58, entitled"Boundaries registration"—Adoption by reference. and Plats"—Adoption by reference. 9.02.620 RCW Title 90,entitled"Water Rights in 9.02.440 RCW Title 59,entitled"Landlord and —Environment"—Adoption by 0 Tenant"—Adoption by reference. reference. o 9.02.450 RCW Title 61, entitled"Mortgages, 9.02.630 Obstructing public officers. c Deeds of Trust, and Real Estate 9.02.640 Disorderly conduct. cc Contracts"—Adoption by reference. 9.02.650 Prohibited conduct on transit property 9.02.460 RCW Title 63, entitled"Personal and transit vehicles. Property"—Adoption by reference. 9.02.660 Possession of graffiti tools. M 04 9.02.470 RCW Title 64,entitled"Real Property 9.02.670 Tampering or interfering with the and Conveyances"—Adoption by property of another prohibited— x reference. Penalty. w 9.02.480 RCW Title 65, entitled"Recording, 9.02.680 Public disturbance. Registration,and Legal Publication"— 9.02.690 Disruption of public facilities. Adoption by reference. 9.02.700 Public events—Criminal activity. c 9.02.490 RCW Title 66, entitled"Alcoholic 9.02.710 Public facility—Illegal activity— c Beverage Control"—Adoption by Exclusion. E reference. 9.02.720 Escape. 01 9.02.500 RCW Title 67, entitled"Sports and 9.02.730 Damage,theft, abandonment, or v Recreation—Convention Facilities"— improper use of an electronic home Y o� Adoption by reference. detention or monitoring device. m 9.02.510 RCW Title 68, entitled"Cemeteries, 9.02.740 Vehicle trespass prohibited—Penalty. Morgues, and Human Remains"— 9.02.750 Neglect of a child or dependent o Adoption by reference. person. c 9.02.520 RCW Title 69, entitled"Food,Drugs, 9.02.760 Offenses against police dogs. a Cosmetics, and Poisons"—Adoption 9.02.770 Provoking assault. a by reference. 9.02.780 Menacing. 9.02.530 RCW Title 70,entitled"Public Health 9.02.790 Definitions. and Safety"—Adoption by reference. 9.02.800 Lewd conduct. c 9.02.540 RCW Title 71, entitled"Mental 9.02.810 Facilitating lewd conduct. E Illness"—Adoption by reference. 9.02.820 Prostitution loitering. U c� a 9-7 (Revised 6/22) Packet Pg. 59 4.E.a 9.02.010 Kent City Code i 9.02.830 Stay out of areas of prostitution orders. essary to enforce the statute specifically adopted in 9.02.840 Urinating in public. this chapter. 9.02.850 Repealed. F. Any section of this chapter that is repealed or c 9.02.860 Contaminated property—Order of amended by ordinance shall remain in full force O Seattle-King County department of and effect until the effective date of the ordinance public health prohibiting use or entry— repealing or amending the section. Any state stat- Violation. ute that is adopted by reference which is later a' 9.02.870 Sale,manufacture,possession of amended, repealed, or recodified shall remain in E certain weapons. full force and effect until the effective date of the w i 9.02.880 Possession of firearms or dangerous legislative act that repeals, recodifies, or amends weapons at Kent Commons— the state statute. The amendment or recodification Unlawful. of any state statute adopted in this chapter shall be ,d 9.02.890 Non-incendiary devices. given its full force and effect upon the effective 9.02.900 Hobby cannon fuse material—Sale date of its amendment or recodification. transaction—Written record required. G. When issuing a citation, information, or 9.02.910 Violation of no contact order also complaint for the violation of any section of the a contempt. RCW adopted by this chapter,it shall be sufficient -°a 9.02.920 Probation violations. for a commissioned officer or prosecutor to cite to Q 9.02.930 Court costs—Jail medical costs. and refer to the RCW section number. 9.02.940 Violations—Penalty. H. A copy of all statutes adopted by reference for application and enforcement within the city U) 9.02.010 Preliminary article. limits of Kent are available online for public view- 0 A. This chapter shall be known and may be ing through the Washington State Legislature's o cited as the"Kent criminal code." website at: http://app.leg.wa.gov/rcw/. Physical c B. As used in this chapter, "RCW" shall mean copies of these statutes are also maintained by the T the Revised Code of Washington. city clerk and available for public inspection C. If any section, subsection, sentence, or pro- during the regular business hours of the city clerk's vision of this chapter or its application to any per- office. 04 son or circumstance is held invalid, the remainder (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, of this chapter or the application of the section, 4-19-16) x subsection, sentence, or provision to other persons w or circumstances is not affected,and to this end,the 9.02.020 Adoption of sections of Revised sections, subsections, sentences, and provisions of Code of Washington not specifically this chapter are declared to be severable. set forth in KCC 9.02.030 through D. By adopting state statutes,the city intends to 9.02.620. c assume jurisdiction over and become the jurisdic- A. With the exception of the RCW sections set E tional authority for the enforcement and prosecu- forth in subsection(C)of this section,and notwith- vi tion of misdemeanor and gross misdemeanor standing the RCW sections that are specifically v crimes that are committed within the city limits of adopted by reference in KCC 9.02.030 through Y rn Kent. Whenever the word "state" shall appear in 9.02.620, all RCW sections that constitute misde- m any statute adopted by reference in this chapter,the meanors and gross misdemeanors and the RCW word"city"shall be substituted therefor;provided, sections necessary for the investigation, arrest, o however, the term "city" shall not be substituted prosecution, adjudication, sentencing, confine- c for the term"state" in those circumstances that set ment,and enforcement of misdemeanors and gross a forth administrative or licensing duties of the state misdemeanors, or necessary for the definition or -°a and its subdivisions. interpretation of terms used therein, are hereby a m E. Whenever a state statute specifically adopted adopted by reference as currently enacted or as in this chapter refers to another state statute not hereafter enacted, amended, or recodified from c specifically adopted in this chapter, the statute time to time,and shall be given the same force and E referred to shall be given the force and effect nec- effect as if set forth herein in full. c� a (Revised 6/22) 9-8 Packet Pg. 60 4.E.a Kent City Code 9.02.050 i B. All class C felony crimes set forth in the RCW RCW are hereby adopted by reference for the pur- 2.36.010 Definitions. poses of charging a gross misdemeanor for a viola- 2.36.165 Leave of absence from tion of any of the crimes set forth in Chapter 9A.28 employment to be provided— O RCW. The adoption of class C felonies shall be Denial of promotional subject to the provisions of subsection (A) of this opportunities prohibited— section and KCC 9.02.010. Penalty—Civil action. a' C. The following RCW sections are not 2.36.170 Failure of juror to appear— E adopted by the city of Kent: Penalty. w i RCW 9.91.025 Unlawful transit conduct. 2.48.180 Definitions—Unlawful practice a crime—Cause for discipline— ,d 9A.76.020 Obstructing a law enforcement Unprofessional conduct— officer. Defense—Injunction—Remedies 9A.76.130 Escape in the third degree. —Costs—Attorneys' fees—Time limit for action. a 9A.84.030 Disorderly conduct. (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, -°a 4-19-16. Formerly 9.02.030) Q 18.108.010 Massage practitioners— Definitions. 9.02.050 RCW Title 7,entitled"Special 18.108.030 Massage practitioners— Proceedings and Actions"— in Licensure or certification Adoption by reference. 0 required. The following RCW sections, as currently o 18.108.035 Massage practitioners— enacted or as hereafter amended or recodified from c Unlicensed practice—Penalties. time to time, are hereby adopted by reference and (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, shall be given the same force and effect as if set 4-19-16) forth herein in full: RCW M 9.02.030 Session laws not yet codified. 7.21.010 Definitions. As the Washington State Legislature adopts new 7.21.020 Sanctions—Who may impose. x laws, those new laws occasionally become effec- 7.21.030 Remedial sanctions—Payment w tive before the state's Office of the Code Reviser is for losses. able to codify those new laws into the RCW. 7.21.040 Punitive sanctions—Fines. `° a� Accordingly, the following session laws, as cur- 7.21.050 Sanctions—Summary rently enacted or as later amended or codified, are imposition—Procedure. c hereby adopted by reference and shall be given the 7.21.070 Appellate review. E same force and effect as if set forth herein in full: 1 7.80.120 Monetary penalties— v None. Restitution. Y o� 7.80.150 Notices—Record of— m (Ord.No. 3692, § 1,6-1-04; Ord.No. 4195, § 1,4- Cancellation prohibited,penalty 19-16. Formerly 9.20.025) —Audit. o 7.80.160 Failure to exercise notice options c 9.02.040 RCW Title 2,entitled"Courts of —Failure to satisfy penalty. a Record"—Adoption by reference. 13 The following RCW sections, as currently 7.84.060 Response to notice—Contesting enacted or as hereafter amended or recodified from determination—Mitigating time to time, are hereby adopted by reference and circumstances—Hearing— c shall be given the same force and effect as if set Failure to respond or appear— E forth herein in full: Penalty. c� a 9-9 (Revised 5/21) Packet Pg. 61 4.E.a 9.02.060 Kent City Code i 7.84.100 Monetary penalties. 9.02.120 Unauthorized abortions— 7.84.130 Failure to pay or complete Penalty. community restitution—Penalty. 9.02.130 Defenses to prosecution. 9.02.170 Definitions. O 7.90.090 Burden of proof—Issuance of protection order—Remedies— 9.03.010 Abandoning, discarding Violations. refrigeration equipment. a' 7.90.110 Ex parte temporary sexual 9.03.020 Permitting unused equipment to E assault protection orders— remain on premises. w i Issuance. 9.03.030 Violation of RCW 9.03.010 or 9.03.020. 7.92.120 Ex parte temporary order for 9.03.040 Keeping or storing equipment ,d protection—Issuance. for sale. 7.92.160 Court-initiated stalking no- contact orders. 9.04.010 False advertising. 9.04.040 Advertising cures of lost sexual a 7.94.010 Purpose—Intent. potency—Evidence. -°a 7.94.020 Definitions. 9.04.050 False,misleading, deceptive Q 7.94.030 Petition for order. advertising. 7.94.040 Hearings on petition—Grounds 9.04.070 False,misleading, deceptive for order issuance. advertising—Penalty. in 7.94.050 Ex parte orders. 9.04.090 Advertising fuel prices by 0 7.94.060 Service of orders. service stations. o 7.94.070 Service by publication or mail. c 7.94.080 Termination and renewal of 9.08.030 False certificate of registration of T orders. animals—False representation as 7.94.090 Firearms—Surrender. to breed. 7.94.100 Firearms—Return—Disposal. 9.08.065 Definitions. 04 7.94.110 Reporting of orders. 9.08.070 Pet animals—Taking, 7.94.120 Penalties. concealing,injuring,killing,etc. u, (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, —Penalty. w 4-19-16; Ord. No. 4314, § 1, 3-5-19. Formerly 9.08.072 Transferring stolen pet animal to 9.02.040) a research institution—Penalty. 9.08.074 Transferring stolen pet animal to c 9.02.060 RCW Title 9,entitled"Crimes and a person who has previously sold c Punishments"—Adoption by a stolen pet animal to a research E reference. institution—Penalty. 01 The following RCW sections, as currently 9.08.076 Transferring stolen pet animal to v enacted or as hereafter amended or recodified from a research institution by a Y o� time to time, are hereby adopted by reference and U.S.D.A. licensed dealer— m shall be given the same force and effect as if set Penalty. forth herein in full: 9.08.078 Illegal sale,receipt,or transfer of o RCW pet animals—Separate offenses. c 9.01.055 Citizen immunity if aiding 9.08.090 Acts against animal facilities. a officer, scope—When. -°a 9.01.110 Omission,when not punishable. 9.12.010 Barratry. 9.01.130 Sending letter,when complete. 9.12.020 Buying,demanding, or promising reward by district c 9.02.050 Concealing birth. judge or deputy. E z c� a (Revised 5/21) 9-10 Packet Pg. 62 4.E.a Kent City Code 9.02.060 i 9.16.005 Definitions. 9.27.015 Interference, obstruction of any 9.16.010 Removing lawful brands. court,building, or residence— 9.16.020 Imitating lawful brand. Violations. 9.16.030 Counterfeit mark—Intellectual O property. 9.35.005 Definitions. 9.16.035 Counterfeiting—Penalties. 9.35.010 Improperly obtaining financial 9.16.041 Counterfeit items—Seizure and information. a' forfeiture. 9.35.020 Identity theft. E 9.16.050 When deemed affixed. 9.35.030 Soliciting undesired mail. w i 9.16.060 Fraudulent registration of trademark. 9.38.010 False representation concerning 9.16.070 Form and similitude defined. credit. ,d 9.16.080 Petroleum products improperly 9.38.015 False statement by deposit labeled or graded. account applicant. 9.16.100 Use of the words"sterling 9.38.020 False representation concerning silver,"etc. title. a 9.16.110 Use of words"coin silver,"etc. 9.38.060 Digital signature violations. -°a 9.16.120 Use of the word"sterling"on Q mounting. 9.40.040 Operating engine or boiler 9.16.130 Use of the words"coin silver"on without spark arrester. mounting. 9.40.100 Tampering with fire alarm or fire in 9.16.140 Unlawfully marking article fighting equipment—False alarm 0 made of gold. —Penalties. o 9.16.150 "Marked, stamped or branded" c defined. 9.41.010 Terms defined. T 9.41.040 Unlawful possession of firearms 9.18.080 Offender a competent witness. —Ownership,possession by 9.18.120 Suppression of competitive certain persons—Restoration of M 04 bidding. right to possess—Penalty. 9.18.130 Collusion to prevent competitive 9.41.050 Carrying firearms. x bidding—Penalty. 9.41.060 Exceptions to restrictions on w 9.18.150 Agreements outside state. carrying firearms. 9.41.070 Concealed pistol license— 9.24.010 Fraud in stock subscription. Application—Fee—Renewal. c 9.24.040 Corporation doing business 9.41.080 Delivery to ineligible persons. c without license. 9.41.090 Dealer deliveries regulated— E Hold on delivery. 01 9.26A.090 Telephone company credit cards 9.41.100 Dealer licensing and registration v —Prohibited acts. required. Y o� 9.26A.100 Definitions. 9.41.110 Dealer's licenses,by whom m 9.26A.110 Fraud in obtaining granted, conditions, fees— telecommunications service— Employees, fingerprinting and o Penalty. background checks—Wholesale c 9.26A.120 Fraud in operating coin-box sales excepted—Permits a telephone or other receptacle. prohibited. -°a 9.26A.130 Penalty for manufacture or sale 9.41.113 Firearm sales or transfers— of slugs to be used for coin. Background checks— 9.26A.140 Unauthorized sale or Requirements—Exceptions. c procurement of telephone 9.41.115 Penalties—Violations of RCW E records—Penalties—Definitions. 9.41.113. U c� a 9-11 (Revised 5/21) Packet Pg. 63 4.E.a 9.02.060 Kent City Code i 9.41.120 Firearms as loan security. 9.41.350 Voluntary waiver of firearm 9.41.140 Alteration of identifying marks rights—Procedure—Penalty— Exceptions. Exemption from public c 9.41.171 Alien possession of firearms— disclosure. O Requirements—Penalty. 9.41.360 Unsafe storage of a firearm. 9.41.173 Alien possession of firearms— 9.41.800 Surrender of weapons or licenses Alien firearm license—Political —Prohibition on future a' subdivisions may not modify possession or licensing. E requirements—Penalty for false 9.41.810 Penalty. w i statement. 9.41.175 Alien possession of firearms— 9.44.080 Misconduct in signing a petition. Possession without license— ,d Conditions. 9.45.060 Encumbered, leased, or rented o: 9.41.190 Unlawful firearms—Exceptions. personal property— 9.41.220 Unlawful firearms and parts Construction. contraband. 9.45.070 Mock auctions. a 9.41.230 Aiming or discharging firearms, 9.45.080 Fraudulent removal of property. -°a dangerous weapons. 9.45.090 Knowingly receiving fraudulent Q 9.41.240 Possession of pistol by person conveyance. from eighteen to twenty-one. 9.45.100 Fraud in assignment for benefit 9.41.250 Dangerous weapons—Penalty. of creditors. U) 9.41.251 Dangerous weapons— 9.45.160 Fraud in liquor warehouse 0 Application of restrictions to law receipts. o enforcement, firefighting, 9.45.170 Penalty. c rescue, and military personnel. 9.45.210 Altering sample or certificate of 9.41.260 Dangerous exhibitions. assay. 9.41.270 Weapons apparently capable of 9.45.220 Making false sample or assay of producing bodily harm— ore. 04 Unlawful carrying or handling— 9.45.260 Fire protection sprinkler system Penalty—Exceptions. contractors—Wrongful acts. u, 9.41.280 Possessing dangerous weapons 9.45.270 Fraudulent filing of vehicle w on school facilities—Penalty— report of sale. Exceptions. 9.41.282 Possessing dangerous weapons 9.46.0201 "Amusement game." c on child care premises—Penalty 9.46.0205 "Bingo." c —Exceptions. 9.46.0209 "Bona fide charitable or E 9.41.290 State preemption. nonprofit organization." i 9.41.300 Weapons prohibited in certain 9.46.0213 "Bookmaking." v places—Local laws and 9.46.0217 "Commercial stimulant." Y o� ordinances—Exceptions— 9.46.0221 "Commission." m Penalty. 9.46.0225 "Contest of chance." 9.41.325 Undetectable or untraceable 9.46.0229 "Fishing derby." o firearms—Penalties. 9.46.0233 "Fund-raising event." c 9.41.335 Failure to register as felony 9.46.0237 "Gambling." a firearm offender. 9.46.0241 "Gambling device." -°a 9.41.345 Return of privately owned 9.46.0245 "Gambling information." firearm or concealed pistol 9.46.0249 "Gambling premises." license by law enforcement 9.46.0253 "Gambling record." c agency—Duties—Notice— 9.46.0257 "Lottery." E Exception. 9.46.0261 "Member,""bona fide member." c� a (Revised 5/21) 9-12 Packet Pg. 64 4.E.a Kent City Code 9.02.060 i 9.46.0265 "Player." 9.47A.040 Sale of certain substances 9.46.0269 "Professional gambling." prohibited,when. 9.46.0273 "Punchboards,""pull-tabs." 9.47A.050 Penalty. E 9.46.0277 "Raffle." O 9.46.0282 "Social card game." 9.51.010 Misconduct of officer drawing 9.46.0285 "Thing of value." jury. 9.46.0289 "Whoever,""person." 9.51.020 Soliciting jury duty. m 9.46.170 False or misleading entries or 9.51.030 Misconduct of officer in charge E statements,refusal to produce of jury. w i records. 9.51.040 Grand juror acting after 9.46.185 Causing person to violate rule or challenge allowed. regulation. 9.51.050 Disclosing transaction of grand ,d 9.46.190 Violations relating to fraud or jury. deceit. 9.51.060 Disclosure of deposition 9.46.195 Obstruction of public servant— returned by grand jury. Penalty. a 9.46.196 Cheating—Defined. 9.55.020 Witness refusing to attend -°a 9.46.1961 Cheating in the first degree. legislature or committee or to Q 9.46.1962 Cheating in the second degree. testify. 9.46.198 Working in gambling activity without license as violation— 9.61.190 Carrier or racing pigeons— U) Penalty. Injury to. 0 9.46.215 Ownership or interest in 9.61.200 Carrier or racing pigeons— o gambling device—Penalty— Removal or alteration of c Exceptions. identification. T 9.46.217 Gambling records—Penalty— 9.61.230 Telephone harassment. Exceptions. 9.61.240 Telephone harassment— 9.46.221 Professional gambling in the Permitting telephone to be used. 04 M second degree. 9.61.250 Telephone harassment— 9.46.222 Professional gambling in the Offense,where deemed x third degree. committed. w 9.46.228 Gambling activities by persons 9.61.260 Cyberstalking. under age eighteen prohibited— Penalties—Jurisdiction—In- 9.62.010 Malicious prosecution. c house controlled purchase 9.62.020 Instituting suit in name of c programs authorized. another. E 9.46.240 Gambling information, 01 transmitting or receiving. 9.66.010 Public nuisance. v 9.66.020 Unequal damage. Y o� 9.47.080 Bucket shop defined. 9.66.030 Maintaining or permitting m 9.47.090 Maintaining bucket shop— nuisance. Penalty. 9.66.040 Abatement of nuisance. 0 9.47.100 Written statement to be 9.66.050 Deposit of unwholesome c furnished—Presumption. substance. a 0 9.47A.010 Definition. 9.68.015 Obscene literature, shows, etc.— 9.47A.020 Unlawful inhalation— Exemptions. Exception. 9.68.030 Indecent articles, etc. c 9.47A.030 Possession of certain substances 9.68.050 "Erotic material"—Definitions. E prohibited,when. U c� a 9-13 (Revised 5/21) Packet Pg. 65 4.E.a 9.02.060 Kent City Code i 9.68.060 "Erotic material"— 9.69.100 Duty of witness of offense Determination by court— against child or any violent Labeling—Penalties. offense—Penalty. 9.68.070 Prosecution for violation of O RCW 9.68.060—Defense. 9.72.090 Committal of witness— 9.68.080 Unlawful acts. Detention of documents. m 9.68.100 Exceptions to RCW 9.68.050 a' through 9.68.120. 9.73.010 Divulging telegram. E 9.68.110 Motion picture operator or 9.73.020 Opening sealed letter. w i projectionist exempt,when. 9.73.030 Intercepting,recording or 9.68.130 "Sexually explicit material"— divulging private Defined—Unlawful display. communication—Consent ,d 9.68.140 Promoting pornography—Class required—Exceptions. C felony—Penalties. 9.73.050 Admissibility of intercepted communication in evidence. as 9.68A.011 Definitions. 9.73.070 Persons and activities excepted a 9.68A.050 Dealing in depictions of minor from chapter. -°a engaged in sexually explicit 9.73.080 Penalties. Q conduct. 9.73.090 Certain emergency response 9.68A.060 Sending,bringing into state personnel exempted from RCW depictions of minor engaged in 9.73.030 through 9.73.080— U) sexually explicit conduct. Standards—Court authorizations 0 9.68A.070 Possession of depictions of —Admissibility. o minor engaged in sexually 9.73.100 Recordings available to defense c explicit conduct. counsel. 9.68A.075 Viewing depictions of a minor 9.73.110 Intercepting,recording, or engaged in sexually explicit disclosing private conduct. communications—Not unlawful04 M 9.68A.080 Reporting of depictions of a for building owner—Conditions. minor engaged in sexually 9.73.230 Intercepting,transmitting, or x explicit conduct—Civil recording conversations w immunity. concerning controlled 9.68A.090 Communication with minor for substances or commercial sexual a� immoral purposes—Penalties. abuse of a minor—Conditions— c 9.68A.102 Promoting travel for commercial Written reports required— c sexual abuse of a minor— Judicial review—Notice— E Penalty—Consent of minor does Admissibility—Penalties. 01 not constitute defense. 9.73.260 Pen registers,trap and trace v 9.68A.103 Permitting commercial sexual devices, cell site simulator Y o� abuse of a minor—Penalty— devices. m Consent of minor does not constitute defense. 9.81.010 Definitions. o 9.68A.110 Certain defenses barred, 9.81.030 Membership in subversive c permitted. organization is felony—Penalty. a 9.68A.120 Seizure and forfeiture of 9.81.110 Misstatements are punishable as -°a property. perjury—Penalty. Q m 9.68A.150 Allowing minor on premises of live erotic performance— 9.86.010 "Flag,"etc., defined. c Definitions—Penalty. 9.86.020 Improper use of flag prohibited. E 9.86.030 Desecration of flag. c� a (Revised 5/21) 9-14 Packet Pg. 66 4.E.a Kent City Code 9.02.070 i 9.91.010 Denial of civil rights—Terms fishing—Vacating records— defined. Domestic violence records. c� 9.91.020 Operating railroad, steamboat, (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 2, vehicle, etc.,while intoxicated. 6-1-04;Ord.No. 3877, § 1,4-1-08;Ord.No.3888, 0 9.91.060 Leaving children unattended in a § 1,8-19-08;Ord.No.3954,§ 1,5-18-10;Ord.No. parked automobile. 4195, § 1, 4-19-16; Ord. No. 4314, § 2, 3-5-19; 9.91.130 Disposal of trash in charity Ord.No. 4389, § 1, 2-2-21) a' donation receptacle. E 9.91.140 Food stamps—Unlawful sale. 9.02.070 RCW Title 9A,entitled w i 9.91.142 Food stamps—Trafficking. "Washington Criminal Code"— 9.91.144 Food stamps—Unlawful Adoption by reference. redemption. The following RCW sections, as currently ,d 9.91.150 Tree spiking. enacted or as hereafter amended or recodified from 9.91.160 Personal protection spray time to time, are hereby adopted by reference and devices. shall be given the same force and effect as if set D 9.91.170 Interfering with dog guide or forth herein in full: a service animal. RCW -°a 9.91.175 Interfering with search and 9A.04.020 Purposes—Principles of Q rescue dog. construction. 9.91.180 Violent video or computer 9A.04.030 State criminal jurisdiction. games. 9A.04.040 Classes of crimes. in 9A.04.050 People capable of committing o 9.92.020 Punishment of gross crimes—Capability of children. o misdemeanor when not fixed by 9A.04.060 Common law to supplement c statute. statute. 9.92.030 Punishment of misdemeanor 9A.04.070 Who amenable to criminal m when not fixed by statute. statutes. 9.92.040 Punishment for contempt. 9A.04.080 Limitation of actions. 04 9.92.080 Sentence on two or more 9A.04.090 Application of general convictions or counts. provisions of the code. x 9A.04.100 Proof beyond a reasonable w 9.94.041 Narcotic drugs, controlled doubt. substances, alcohol,marijuana, 9A.04.110 Definitions. other intoxicant, cell phone, or other form of electronic 9A.08.010 General requirements of c telecommunications device— culpability. E Possession, etc.,by prisoners— 9A.08.020 Liability for conduct of another— VI Penalty. Complicity. v 9A.08.030 Corporate and personal liability. 9.96.060 Misdemeanor or gross m misdemeanor offenses,persons 9A.12.010 Insanity. convicted of prostitution who 0 committed the offense as a result 9A.16.010 Definitions. 0 of being a victim of trafficking, 9A.16.020 Use of force—When lawful. a promoting prostitution in the 9A.16.060 Duress. -oa first degree,promoting 9A.16.070 Entrapment. Q m commercial sexual abuse of a 9A.16.080 Action for being detained on minor, or trafficking in persons, mercantile establishment c or of violating a certain statute or premises for investigation— E rule regarding the regulation of c� a 9-15 (Revised 5/21) Packet Pg. 67 4.E.a 9.02.070 Kent City Code i "Reasonable grounds"as 9A.40.120 Enforcement of orders defense. restricting contact. 9A.16.090 Intoxication. 9A.16.100 Use of force on children—Policy 9A.42.010 Definitions. O —Actions presumed 9A.42.030 Criminal mistreatment in the unreasonable. second degree. 9A.16.120 Outdoor music festival, 9A.42.035 Criminal mistreatment in the campground—Detention. third degree. E 9A.42.037 Criminal mistreatment in the w i 9A.20.010 Classification and designation of fourth degree. crimes. 9A.42.040 Withdrawal of life support 9A.20.021 Maximum sentences for crimes systems. ,d committed July 1, 1984, and 9A.42.045 Palliative care. o: after. 9A.42.050 Defense of financial inability. 9A.20.030 Alternative to a fine— 9A.42.070 Abandonment of a dependent Restitution. person in the second degree— a Exception. -°a 9A.28.020 Criminal attempt. 9A.42.080 Abandonment of a dependent Q 9A.28.030 Criminal solicitation. person in the third degree— 9A.28.040 Criminal conspiracy. Exception. 9A.42.090 Abandonment of a dependent in 9A.36.031 Assault in the third degree. person—Defense. 0 9A.36.041 Assault in the fourth degree. 9A.42.110 Leaving a child in the care of a o 9A.36.050 Reckless endangerment. sex offender. c 9A.36.060 Promoting a suicide attempt. 9A.36.070 Coercion. 9A.44.010 Definitions. m 9A.36.080 Malicious harassment— 9A.44.020 Testimony—Evidence—Written Definition and criminal penalty. motion—Admissibility. 04 M 9A.36.100 Custodial assault. 9A.44.030 Defenses to prosecution under 9A.36.140 Assault of a child in the third this chapter. u, degree. 9A.44.060 Rape in the third degree. w 9A.36.150 Interfering with the reporting of 9A.44.079 Rape of a child in the third ca domestic violence. degree. 9A.36.160 Failing to summon assistance. 9A.44.089 Child molestation in the third c 9A.36.161 Failing to summon assistance— degree. c Penalty. 9A.44.093 Sexual misconduct with a minor in the first degree. i 9A.40.010 Definitions. 9A.44.096 Sexual misconduct with a minor v 9A.40.040 Unlawful imprisonment. in the second degree. Y o� 9A.40.060 Custodial interference in the first 9A.44.105 Sexually violating human m degree. remains. 9A.40.070 Custodial interference in the 9A.44.115 Voyeurism. o second degree. 9A.44.120 Admissibility of child's c 9A.40.080 Custodial interference— statement—Conditions. a Assessment of costs—Defense— 9A.44.128 Definitions applicable to RCW -°a Consent defense,restricted. 9A.44.130 through 9A.44.145, a m 9A.40.090 Luring. 10.01.200,43.43.540, 9A.40.110 Coercion of involuntary 70.48.470, and 72.09.330. c servitude. 9A.44.130 Registration of sex offenders and E kidnapping offenders— c� a (Revised 5121) 9-16 Packet Pg. 68 4.E.a Kent City Code 9.02.070 i Procedures—Definition— 9A.48.100 Malicious mischief—"Physical Penalties. damage"defined. 9A.44.132 Failure to register as sex offender 9A.48.105 Criminal street gang tagging and or kidnapping offender—Refusal graffiti. O to provide DNA. 9A.48.110 Defacing a state monument. 9A.44.150 Testimony of child by closed- circuit television. 9A.49.001 Findings. m 9A.44.160 Custodial sexual misconduct in 9A.49.010 Definitions. E the first degree. 9A.49.020 Unlawful discharge of a laser in w i 9A.44.170 Custodial sexual misconduct in the first degree. the second degree. 9A.49.030 Unlawful discharge of a laser in 9A.44.180 Custodial sexual misconduct— the second degree. ,d Defense. 9A.49.040 Civil infraction,when. o: 9A.44.190 Criminal trespass against 9A.49.050 Exclusions. children—Definitions. 9A.44.193 Criminal trespass against 9A.50.010 Definitions. a children—Covered entities. 9A.50.020 Interference with health care -°a 9A.44.196 Criminal trespass against facility. Q children. 9A.50.030 Penalty. 9A.50.060 Informational picketing. 9A.46.010 Legislative finding. in 9A.46.020 Definition—Penalties. 9A.52.010 Definitions. 0 9A.46.030 Place where committed. 9A.52.050 Other crime in committing o 9A.46.040 Court-ordered requirements burglary punishable. c upon person charged with crime 9A.52.060 Making or having burglar tools. T —Violation. 9A.52.070 Criminal trespass in the first 9A.46.050 Arraignment—No contact order. degree. 9A.46.060 Crimes included in harassment. 9A.52.080 Criminal trespass in the second04 9A.46.070 Enforcement of orders degree. restricting contact. 9A.52.090 Criminal trespass—Defenses. x 9A.46.080 Order restricting contact— 9A.52.095 Vehicle prowling in the first w Violation. degree. 9A.46.085 Stalking no-contact orders— 9A.52.100 Vehicle prowling in the second Appearance before magistrate degree. c required. 9A.52.105 Removal of unauthorized c 9A.46.090 Nonliability of peace officer. persons—Declaration—Liability E 9A.46.100 "Convicted,"time when. —Rights. 1 9A.46.110 Stalking. 9A.52.115 Removal of unauthorized v 9A.46.120 Criminal gang intimidation. persons—Declaration form— Y o� Penalty for false swearing.l m 9A.48.010 Definitions. P 9A.48.040 Reckless burning in the first 9A.56.010 Definitions. o degree. 9A.56.020 Theft—Definition, defense. c 9A.48.050 Reckless burning in the second 9A.56.040 Theft in the second degree. a degree. 9A.56.050 Theft in the third degree. -°a 9A.48.060 Reckless burning—Defense. 9A.48.080 Malicious mischief in the second 1. RCW 9A.52.110,9A.52.120,and 9A.52.130 were repealed yJ degree. and replaced by the newly created Washington Cybercrime 0 9A.48.090 Malicious mischief in the third Act.See Chapter 9A.90 RCW. E degree. U c� a 9-17 (Revised 5/21) Packet Pg. 69 4.E.a 9.02.070 Kent City Code i 9A.56.060 Unlawful issuance of checks or 9A.56.360 Retail theft with special drafts. circumstances. c� 9A.56.063 Making or possessing motor 9A.56.370 Mail theft. vehicle theft tools. 9A.56.380 Possession of stolen mail. 0 9A.56.075 Taking motor vehicle without 9A.56.390 Mail theft—Possession of stolen permission in the second degree. mail—Commission of other 9A.56.083 Theft of livestock in the second crime. a' degree. E 9A.56.096 Theft of rental, leased,lease- 9A.58.010 Definitions. w i purchased,or loaned property. 9A.58.020 Possessing, or reading or 9A.56.100 Theft and larceny equated. capturing,information contained 9A.56.110 Extortion—Definition. on another person's ,d 9A.56.130 Extortion in the second degree. identification document— 9A.56.140 Possessing stolen property— Exceptions. Definition—Presumption. 0 9A.56.160 Possessing stolen property in the 9A.60.010 Definitions. a second degree—Other than 9A.60.020 Forgery. -°a firearm or motor vehicle. 9A.60.030 Obtaining a signature by Q 9A.56.170 Possessing property in the third deception or duress. degree. 9A.60.040 Criminal impersonation in the 9A.56.180 Obscuring the identity of a first degree. in machine. 9A.60.045 Criminal impersonation in the 0 9A.56.220 Theft of subscription television second degree. o services. 9A.60.050 False certification. c 9A.56.230 Unlawful sale of subscription 9A.60.060 Fraudulent creation or television services. revocation of a mental health m 9A.56.240 Forfeiture and disposal of device advance directive. used to commit violation. 9A.60.070 False academic credentials— 04 9A.56.260 Connection of channel Unlawful issuance or use— converter. Definitions—Penalties. u, 9A.56.262 Theft of telecommunication 9A.60.080 Impersonating a census taker. w services. c 9A.56.264 Unlawful manufacture of 9A.61.010 Definitions. a� telecommunication device. 9A.61.020 Defrauding a public utility. 9A.56.266 Unlawful sale of 9A.61.040 Defrauding a public utility in the c telecommunication device. second degree. 9A.56.270 Shopping cart theft. 9A.61.050 Defrauding a public utility in the vi 9A.56.280 Credit,debit cards,checks,etc.— third degree. v Definitions. 9A.61.060 Restitution and costs. Y o� 9A.56.290 Credit,payment cards— m Unlawful factoring of 9A.64.010 Bigamy. transactions. 9A.64.020 Incest. o 9A.56.320 Financial fraud—Unlawful 9A.64.030 Child selling—Child buying. c possession,production of a instruments of. 9A.68.020 Requesting unlawful -°a 9A.56.330 Possession of another's compensation. identification. 9A.68.030 Receiving or granting unlawful 9A.56.340 Theft with the intent to resell. compensation. c 9A.56.350 Organized retail theft. 9A.68.040 Trading in public office. E 9A.68.050 Trading in special influence. c� a (Revised 5/21) 9-18 Packet Pg. 70 4.E.a Kent City Code 9.02.070 i 9A.72.010 Definitions. 9A.76.177 Amber alert—Making a false or 9A.72.030 Perjury in the second degree. misleading statement to a public 9A.72.040 False swearing. servant. 9A.72.050 Perjury and false swearing— 9A.76.190 Failure to appear or surrender— O Inconsistent statements—Degree Affirmative defense—Penalty. of crime. 9A.76.200 Harming a police dog,accelerant 9A.72.060 Perjury and false swearing— detection dog, or police horse— m Retraction. Penalty. E 9A.72.070 Perjury and false swearing— w i Irregularities no defense. 9A.80.010 Official misconduct. 9A.72.080 Statement of what one does not m know to be true. 9A.82.010 Definitions. ,d 9A.72.085 Unsworn statements, 9A.82.045 Collection of unlawful debt. o: certification—Standards for 9A.82.055 Trafficking in stolen property in subscribing to an unsworn the second degree. statement. 9A.82.070 Influencing outcome of sporting a 9A.72.120 Tampering with a witness. event. -°a 9A.72.140 Jury tampering. 9A.82.080 Use of proceeds of criminal Q 9A.72.150 Tampering with physical profiteering—Controlling evidence. enterprise or realty—Conspiracy or attempt. in 9A.76.010 Definitions. 9A.82.100 Remedies and procedures. 0 9A.76.023 Disarming a law enforcement or 9A.82.120 Criminal profiteering lien— o corrections officer. Authority,procedures. c 9A.76.025 Disarming a law enforcement or 9A.82.130 Criminal profiteering lien— T corrections officer— Trustee of real property. Commission of another crime. 9A.82.160 Criminal profiteering lien— 9A.76.027 Law enforcement or corrections Trustee's failure to comply, 04 M officer engaged in criminal evasion of procedures or lien. conduct. 9A.82.170 Financial institution records— u, 9A.76.030 Refusing to summon aid for a Inspection and copying— w peace officer. Wrongful disclosure. 9A.76.040 Resisting arrest. 9A.76.050 Rendering criminal assistance— 9A.84.010 Criminal mischief. Definition of term. 9A.84.020 Failure to disperse. c 9A.76.060 Relative defined. 9A.84.040 False reporting. E 9A.76.070 Rendering criminal assistance in 1 the first degree. 9A.86.010 Disclosing intimate images. v 9A.76.080 Rendering criminal assistance in Y o� the second degree. 9A.88.010 Indecent exposure. m 9A.76.090 Rendering criminal assistance in 9A.88.030 Prostitution. the third degree. 9A.88.040 Prosecution for prostitution o 9A.76.100 Compounding. under RCW 9A.88.030— c 9A.76.150 Introducing contraband in the Affirmative defense. a second degree. 9A.88.050 Prostitution—Sex of parties -°a 9A.76.160 Introducing contraband in the immaterial—No defense. third degree. 9A.88.060 Promoting prostitution— 9A.76.170 Bail jumping. Definitions. c 9A.76.175 Making a false or misleading 9A.88.080 Promoting prostitution in the E statement to a public servant. second degree. c� a 9-19 (Revised 5/21) Packet Pg. 71 4.E.a 9.02.080 Kent City Code i 9A.88.085 Promoting travel for prostitution. 10.14.120 Disobedience of order— 9A.88.090 Permitting prostitution. Penalties. 9A.88.110 Patronizing a prostitute. 10.14.170 Criminal penalty. 9A.88.120 Additional fee assessments. O 9A.88.130 Additional requirements. 10.21.015 Pretrial release program. 9A.88.140 Vehicle impoundment—Fees— 10.21.030 Conditions of release—Judicial Fines. officer may amend order. a' 9A.88.150 Seizure and forfeiture. 10.21.045 Conditions of release—Drugs E and intoxicating liquors— w i 9A.90.030 Definitions. Testing. 9A.90.040 Computer trespass in the first 10.21.050 Conditions of release—Judicial degree. officer to consider available ,d 9A.90.050 Computer trespass in the second information. degree. 9A.90.060 Electronic data service 10.31.030 Service—How—Warrant not in interference. possession,procedure—Bail. a 9A.90.070 Spoofing. 10.31.040 Officer may break and enter. -°a 9A.90.080 Electronic data tampering in the 10.31.050 Officer may use force. Q first degree. 10.31.060 Arrest by telegraph or teletype. 9A.90.090 Electronic data tampering in the 10.31.100 Arrest without warrant. second degree. 10.31.110 Arrest—Individuals with mental U) 9A.90.100 Electronic data theft. disorders. 0 9A.90.110 Commission of other crime. o (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 3, 10.66.010 Definitions. c 6-1-04; Ord. No. 3878, § 1, 4-15-08; Ord. No. 10.66.020 When order may be issued. 4129, § 1, 11-18-14; Ord. No. 4195, § 1, 4-19-16; 10.66.040 Ex parte temporary order— Ord. No. 4314, § 3, 3-5-19; Ord. No. 4389, § 2, 2- Hearing—Notice. 2-21) 10.66.050 Additional relief—PADT area. 04 10.66.090 Penalties. 9.02.080 RCW Title 10,entitled"Criminal 10.66.100 Additional penalties. x Procedure"—Adoption by 10.66.110 Jurisdiction. w reference. 10.66.120 Venue. The following RCW sections, as currently enacted or as hereafter amended or recodified from 10.79.040 Search without warrant unlawful time to time, are hereby adopted by reference and —Penalty. c shall be given the same force and effect as if set E forth herein in full: 10.88.290 Rights of person arrested. 01 RCW 10.88.300 Delivery ofperson in violation of v 10.01.070 Corporations—Amenable to RCW 10.88.290—Penalty. Y o� criminal process—How. m 10.01.090 Corporations—Judgment 10.99.010 Purpose—Intent. against. 10.99.020 Definitions. o 10.01.100 Corporations—Penalties—Fines 10.99.030 Law enforcement officers— c in lieu of other punishments. Training,powers, duties— a 10.01.180 Fine or costs—Default in Domestic violence reports. -°a payment—Contempt of court— 10.99.040 Duties of court—No-contact a m Enforcement, collection order. procedures. 10.99.045 Appearances by defendant— c Defendant's history—No- E contact order. c� a (Revised 5/21) 9-20 Packet Pg. 72 4.E.a Kent City Code 9.02.100 i 10.99.050 Victim contact—Restriction, of dogs that attack Dog fights, prohibition—Violation,penalties penalty. —Written order—Procedures— Notice of change. 16.36.116 Civil infraction—Live O 10.99.055 Enforcement of orders. nonambulatory livestock— 10.99.060 Prosecutor's notice to victim— Monetary penalty— Description of available Authorization by director— m procedures. Issuance of notices— E 10.99.070 Liability of peace officers. Enforcement. w i 10.99.080 Penalty assessment(as amended by 2015 c 275). 16.52.011 Definitions—Principles of 10.99.100 Sentencing—Factors— liability. ,d Defendant's criminal history. 16.52.015 Enforcement—Law enforcement (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, agencies and animal care and 4-19-16; Ord.No. 4314, § 4, 3-5-19) control agencies. 16.52.080 Transporting or confining in a 9.02.090 Chapter 13.32A RCW,entitled unsafe manner—Penalty. -°a "Family Reconciliation Act"— 16.52.085 Removal of animals for feeding N Adoption by reference. and care—Examination—Notice The following RCW sections, as currently —Euthanasia. enacted or as hereafter amended or recodified from 16.52.090 Docking horses—Misdemeanor. in time to time, are hereby adopted by reference and 16.52.095 Cutting ears—Misdemeanor. 0 shall be given the same force and effect as if set 16.52.100 Confinement without food and o forth herein in full: water—Intervention by others. c RCW 16.52.117 Animal fighting—Prohibited 13.32A.080 Unlawful harboring of a minor— behavior—Class C felony— Penalty—Defense—Prosecution Exceptions. of adult for involving child in 16.52.180 Limitations on application of04 M commission of offense. chapter. 13.32A.082 Providing shelter to minor— 16.52.185 Exclusions from chapter. x Requirement to notify parent, 16.52.190 Poisoning animals—Penalty. w law enforcement, or department. 16.52.193 Poisoning animals—Strychnine ca 13.32A.084 Providing shelter to minor— sales—Records—Report on W Immunity from liability. suspected purchases. c (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 16.52.200 Sentences—Forfeiture of c 4-19-16) animals—Liability for costs— E Penalty—Education,counseling. 1 9.02.100 RCW Title 16,entitled"Animals 16.52.205 Animal cruelty in the first v and Livestock"—Adoption by degree. reference. 16.52.207 Animal cruelty in the second m The following RCW sections, as currently degree—Penalty. enacted or as hereafter amended or recodified from 16.52.210 Destruction of animal by law o time to time, are hereby adopted by reference and enforcement officer—Immunity c shall be given the same force and effect as if set from liability. a forth herein in full: 16.52.225 Nonambulatory livestock— -°a RCW Transporting or accepting 16.08.100 Dangerous dogs—Confiscation— delivery—Gross misdemeanor— Conditions—Duties of animal Definition. c control authority—Penalties and 16.52.300 Dogs or cats used as bait— E affirmative defenses for owners Seizure—Limitation. U c� a 9-21 (Revised 5/21) Packet Pg. 73 4.E.a 9.02.110 Kent City Code i 16.52.305 Unlawful use of hook—Gross 9.02.110 Chapter 17.04 RCW, entitled misdemeanor. "Weed districts"—Adoption by 16.52.310 Dog breeding—Limit on the reference. number of dogs—Required The following RCW section, as currently O conditions—Penalty— enacted or as hereafter amended or recodified from Limitation of section— time to time, is hereby adopted by reference and Definitions. shall be given the same force and effect as if set m 16.52.320 Maliciously killing or causing forth herein in full: E substantial bodily harm to RCW w i livestock belonging to another— 17.04.280 Officials of district may enter Penalty. lands—Penalty for prevention. 16.52.330 Veterinarians—Animal cruelty— (Ord.No. 4195, § 1,4-19-16) Liability immunity. 16.52.340 Leave or confine any animal in 9.02.120 RCW Title 19,entitled"Business unattended motor vehicle or Regulations—Miscellaneous"— enclosed space—Class 2 civil Adoption by reference. a infraction—Officers' authority The following RCW sections, as currently -°a to reasonably remove animal. enacted or as hereafter amended or recodified from Q 16.52.350 Dog tethering—Penalties. time to time, are hereby adopted by reference and shall be given the same force and effect as if set 16.57.010 Definitions. forth herein in full: in 16.57.120 Removal or alteration of brand— RCW 0 Penalty. 19.06.010 Labels—Contents— o 16.57.260 Removal of cattle or horses from Requirements—Prohibited acts. c state—Inspection certificate 19.06.030 Advertising limitations. required. 19.06.040 Penalty. 16.57.267 Failure to present animal for inspection. 19.25.010 Definitions. 04 car, 16.57.270 Unlawful to refuse assistance in 19.25.020 Reproduction of sound without establishing identity and consent of owner unlawful— x ownership of livestock. Fine and penalty. w 16.57.280 Possession of cattle or horse 19.25.030 Use of recording of live ca marked with another's brand— performance without consent of Penalty. owner unlawful—Fine and c 16.57.405 Microchip in a horse—Removal penalty. c with intent to defraud—Gross 19.25.040 Failure to disclose origin of E misdemeanor. certain recordings unlawful— vi 16.57.440 Unlawful transport or delivery of Fine and penalty. v cattle or horses. 19.25.050 Contraband recordings— Y o� Disposition, forfeiture,penalty. m 16.58.170 General penalties—Subsequent 19.25.100 Truth in music advertising. offenses. 19.25.800 Chapter not applicable to 0 broadcast by commercial or c 16.65.440 Penalty. educational radio or television. a 19.25.810 Chapter not applicable to certain -°a 16.70.050 Violations—Penalty. nonrecorded broadcast use. (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 4, 19.25.820 Chapter not applicable to defined 6-1-04; Ord. No. 3954, § 2, 5-18-10; Ord. No. public record. c 4195, § 1, 4-19-16; Ord. No. 4314, § 5, 3-5-19; E Ord.No. 4389, § 3, 2-2-21) 19.27A.080 Definitions. c� a (Revised 5/21) 9-22 Packet Pg. 74 4.E.a Kent City Code 9.02.120 i 19.27A.090 Portable oil-fueled heaters— 19.83.030 Furnishing or selling trading Sales and use—Approval stamps, coupons,or similar cc required. devices geographically limited. S 'a 19.27A.100 Portable oil-fueled heaters— 19.83.040 Coupons or similar devices— O Requirements for approval. Exemptions. 19.27A.I 10 Portable oil-fueled heaters— 19.83.050 Penalty. Jurisdiction over approval—Sale E and use governed exclusively. 19.84.010 Redeemable cash value to be E 19.27A.120 Violations—Penalty. printed on face. w i 19.84.020 Must redeem at cash value. 19.48.010 Definitions. 19.84.030 Distributor liable. m 19.48.110 Obtaining hotel,restaurant, 19.84.040 Criminal penalty. ,d lodging house, ski area, etc., o: accommodations by fraud— 19.192.010 Identification cards— Penalty. Distinguishing official and not 0 official proofs of identification— a 19.60.010 Definitions. Penalties. -°a 19.60.025 Duty to record information— Q Precious metal property. 19.194.010 Recordkeeping by retail 19.60.042 Report to chief law enforcement establishments—Contents— officer—Precious metal dealers. Inspection—Definitions. U) 19.60.057 Retention of precious metal 19.194.030 Prohibited acts—Gross 0 property—Inspection. misdemeanor. o 19.60.066 Prohibited acts—Penalty. 19.194.040 Application. c 19.60.067 Secondhand precious metal dealers—Prohibited acts— 19.210.010 Definitions. m Penalty. 19.210.020 Prohibited sales. 19.60.077 Precious metal dealers— 19.210.030 Chapter not applicable—Trade04 Licensure required. show, certain persons. 19.60.085 Exemptions. 19.210.040 Penalties. u, 19.60.095 Precious metal sales—Hosted w home parties. 19.235.010 Motion picture—Unauthorized recording—Penalty. 19.68.010 Rebating prohibited—Disclosure c —List of alternative facilities. 19.290.010 Definitions. c 19.290.020 Nonferrous metal property— E 19.76.100 Labels on bottles, etc.—Filing— Records required. 01 Publication. 19.290.030 Metal property and metallic wire v 19.76.110 Refilling bottles, etc.— —Requirements for transactions. o� Forbidden. 19.290.040 Scrap metal businesses—Record 2 19.76.120 Refilling bottles, etc.— of commercial accounts. Possession as evidence. o 19.76.130 Refilling bottles, etc.—Penalty. c W a 19.83.010 License required to use or -°a furnish trading stamps,coupons, or similar devices. 19.83.020 Issuance of license—Fee. c m E z c� a 9-22.1 (Revised 5/21) Packet Pg. 75 4.E.a Kent City Code i m c c L O V L E W V L d NNd LPL O Q U) w- O This page left intentionally blank. O r a O m 0 M N M N K W C R N v C m C E L 0 U U Y rn m r H O c O r O Q m r c m E t v .r a (Revised 5/21) 9-22.2 Packet Pg. 76 4.E.a Kent City Code 9.02.150 i 19.290.050 Reports to law enforcement— 22.32.050 Delivery of goods without taking Records exempt from public up receipt. disclosure—Private civil (Ord.No. 4195, § 1,4-19-16) liability. O 19.290.070 Violations—Penalty. 9.02.150 RCW Title 26,entitled"Domestic 19.290.090 Exemptions from chapter. Relations"—Adoption by reference. 19.290.100 Scrap metal license—Penalties. The following RCW sections, as currently m 19.290.110 Scrap metal license— enacted or as hereafter amended or recodified from E Application,renewal—Required time to time, are hereby adopted by reference and w i information. shall be given the same force and effect as if set 19.290.120 Scrap metal license application— forth herein in full: Department of licensing to issue RCW ,d license—Display of certificate. 26.04.110 Penalty for failure to deliver 19.290.230 Seizure and forfeiture. certificates. (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3877, § 2, 26.04.240 Penalty for unlawful 0 4-15-08; Ord. No. 4195, § 1, 4-19-16. Formerly solemnization—Code 1881. a 9.02.110, 9.02.115) 26.04.250 Penalty for unlawful -°a solemnization— 1909 c 249. Q 9.02.130 Chapter 20.01 RCW, entitled "Agricultural products— 26.09.300 Restraining orders—Notice— Commission merchants, dealers, Refusal to comply—Arrest— U) brokers,buyers,agents"—Adoption Penalty—Defense—Peace 0 by reference. officers,immunity. o The following RCW section, as currently c enacted or as hereafter amended or recodified from 26.10.220 Restraining orders—Notice— time to time, is hereby adopted by reference and Refusal to comply—Arrest— shall be given the same force and effect as if set Penalty—Defense—Peace forth herein in full: officers,immunity. M RCW 20.01.460 Prohibited acts—Penalties. 26.20.030 Family abandonment—Penalty— x (Ord.No. 4195, § 1,4-19-16) Exception. w 26.20.035 Family nonsupport—Penalty— 9.02.140 Chapter 22.32 RCW,entitled Exception. "General penalties"—Adoption by 26.20.071 Evidence—Spouse or domestic c reference. partner as witness. c The following RCW sections, as currently 26.20.080 Proof of wilfulness— E enacted or as hereafter amended or recodified from Application of penalty V time to time, are hereby adopted by reference and provisions. v shall be given the same force and effect as if set Y o� forth herein in full: 26.26.138 Restraining order—Knowing 2 RCW violation—Penalty—Law 22.32.010 Warehouse operator or carrier enforcement immunity. o refusing to issue receipt. 26.26.210 Surrogate parenting— c 22.32.020 Fictitious bill of lading and Definitions. a receipt. 26.26.220 Surrogate parenting—Persons -°a 22.32.030 Fraudulent tampering with or excluded from contracting. mixing goods. 26.26.230 Surrogate parenting— 22.32.040 Issuance of second receipt not Compensation prohibited. c marked"duplicate." 26.26.240 Surrogate parenting—Contract E for compensation void. c� a 9-23 (Revised 11/16) Packet Pg. 77 4.E.a 9.02.160 Kent City Code i 26.26.250 Surrogate parenting—Provisions modification or termination of violated—Penalty. restraining order. 26.26.450 Confidentiality of genetic testing 26.44.067 Temporary restraining order or —Penalty. preliminary injunction— O Contents—Notice— 26.28.060 Child labor—Penalty. Noncompliance—Defense— 26.28.070 Certain types of employment Penalty. a' prohibited—Penalty. 26.44.080 Violation—Penalty. E 26.28.080 Selling or giving tobacco to 26.44.150 Temporary restraining order w i minor—Belief of representative restricting visitation for persons capacity,no defense—Penalty. accused of sexually or physically 26.28.085 Applying tattoo to a minor— abusing a child—Penalty for ,d Penalty. violating court order. 26.33.370 Permanent care and custody of a 26.50.010 Definitions. child—Assumption, 26.50.110 Violation of order—Penalties. a relinquishment, or transfer 26.50.120 Violation of order—Prosecuting -°a except by court order or statute, attorney or attorney for Q when prohibited—Penalty. municipality may be requested to assist—Costs and attorney's fee. 26.34.010 Compact enacted—Provisions. 26.50.140 Peace officers—Immunity. in 26.34.030 "Appropriate public authorities" 26.50.250 Disclosure of information. 0 defined. o 26.34.040 "Appropriate authority of the 26.52.010 Definitions. c receiving state"defined. 26.52.020 Foreign protection orders— 26.34.070 "Executive head"defined— Validity. Compact administrator. 26.52.050 Peace officer immunity. 26.34.080 Violations—Penalty. 26.52.070 Violation of foreign orders— 04 Penalties. 26.44.015 Limitations of chapter. (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, x 26.44.020 Definitions. 4-19-16. Formerly 9.02.120) w 26.44.030 Reports—Duty and authority to make—Duty of receiving agency 9.02.160 RCW Title 27,entitled"Libraries, —Duty to notify—Case planning Museums,and Historical Activities" c and consultation—Penalty for —Adoption by reference. c unauthorized exchange of The following RCW sections, as currently E information—Filing dependency enacted or as hereafter amended or recodified from vi petitions—Investigations— time to time, are hereby adopted by reference and v Interviews of children—Records shall be given the same force and effect as if set Y o� —Risk assessment process. forth herein in full: m 26.44.040 Reports—Oral,written— RCW Contents. 27.12.010 Definitions. o 26.44.060 Immunity from civil or criminal 27.12.330 Penalty for injury to property. c liability—Confidential 27.12.340 Wilfully retaining books— a communications not violated— Infraction. -°a Actions against state not affected a m —False report,penalty. 27.44.040 Protection of Indian graves— 26.44.063 Temporary restraining order or Penalty. c preliminary injunction— 27.44.055 Skeletal human remains—Duty E Enforcement—Notice of to notify—Ground disturbing c� a (Revised 11/16) 9-24 Packet Pg. 78 4.E.a Kent City Code 9.02.180 i activities—Coroner 28A.635.110 Violations under RCW determination—Definitions. 28A.635.090 and 28A.635.100— Disciplinary authority exception. 27.53.030 Definitions. (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 5, O 27.53.040 Archaeological resources— 6-1-04; Ord. No. 4195, § 1, 4-19-16. Formerly Declaration. 9.02.130; Ord.No.4389, § 4,2-2-21) 27.53.045 Abandoned archaeological E resources—Declaration. 9.02.180 Chapter 29A.84 RCW, entitled E 27.53.060 Disturbing archaeological "Crimes and penalties"—Adoption w resource or site—Permit required by reference. —Conditions—Exceptions— The following RCW sections, as currently Penalty. enacted or as hereafter amended or recodified from ,! 27.53.090 Violations—Penalty. time to time, are hereby adopted by reference and (Ord.No. 4195, § 1,4-19-16) shall be given the same force and effect as if set forth herein in full: 9.02.170 RCW Title 28A,entitled"Common RCW a School Provisions"—Adoption by 29A.84.020 Violations by officers. -°a reference. 29A.84.040 Political advertising,removing Q The following RCW sections, as currently or defacing. enacted or as hereafter amended or recodified from 29A.84.050 Tampering with registration time to time, are hereby adopted by reference and form,ballot declaration. in shall be given the same force and effect as if set 29A.84.110 Officials' violations. 0 forth herein in full: 29A.84.120 Disenfranchisement or o RCW discrimination. c 28A.320.128 Notice and disclosure policies— 29A.84.130 Voter violations. T Threats of violence—Student 29A.84.140 Unqualified registration. conduct—Immunity for good 29A.84.150 Misuse,alteration of registration faith notice—Penalty. database. M 04 29A.84.210 Violations by officers. 28A.635.010 Abusing or insulting teachers, 29A.84.220 Violations—Corrupt practices— x liability for—Penalty. Recall petitions. w 28A.635.020 Willfully disobeying school 29A.84.230 Violations by signers— ca administrative personnel or Initiative,referendum petitions— W refusing to leave public property, Penalty. c violations,when—Penalty. 29A.84.240 Violations by signers, officers— c 28A.635.030 Disturbing school, school Recall petitions—Penalty. E activities or meetings—Penalty. 29A.84.250 Violations—Corrupt practices— 01 28A.635.040 Examination questions— Initiative,referendum petitions. v Disclosing—Penalty. 29A.84.261 Petitions—Improperly signing. Y o� 28A.635.050 Certain corrupt practices of 29A.84.311 Candidacy declarations, m school officials—Penalty. nominating petitions. 28A.635.070 Property, failure of officials or 29A.84.410 Unlawful appropriation, o employees to account for— printing, or distribution. c Mutilation by—Penalties. 29A.84.420 Unauthorized examination of a 28A.635.090 Interference by force or violence ballots, election materials— -°a —Penalty. Revealing information. 28A.635.100 Intimidating any administrator, 29A.84.510 Acts prohibited in voting center teacher, classified employee, or —Prohibited practices. c student by threat of force or E violence unlawful—Penalty. U c� a 9-24.1 (Revised 5/21) Packet Pg. 79 4.E.a 9.02.190 Kent City Code i 29A.84.520 Electioneering at voting center Registration statement— or ballot drop location by Violations—Penalties. election officers forbidden. 29A.84.530 Refusing to leave voting booth. 30A.12.047 Removal of a director,officer,or O 29A.84.540 Ballots—Removing from voting employee of a bank or holding center or ballot drop location. company—Violation of final 29A.84.545 Paper record from direct order—Penalty. a' recording electronic voting 30A.12.110 Commission,etc., for procuring E device—Removing from voting loan—Penalty. w i center. 30A.12.190 General penalty—Effect of 29A.84.550 Tampering with materials. conviction. 29A.84.560 Voting machines, devices— ,d Tampering with—Extra keys. 30A.16.010 Certification—Effect—Penalty. 29A.84.610 Deceptive, incorrect vote recording. 30A.42.290 Compliance—Violations— 29A.84.620 Hindering or bribing voter. Penalties. a 29A.84.630 Influencing voter to withhold (Ord.No. 4195, § 1,4-19-16) -°a vote. Q 29A.84.640 Solicitation of bribe by voter. 9.02.200 RCW Title 30B,entitled 29A.84.650 Repeaters. "Washington Trust Institutions 29A.84.655 Tabulation of invalid ballots. Act"—Adoption by reference. in 29A.84.660 Unqualified persons voting. The following RCW sections, as currently 0 29A.84.680 Ballots—Violation. enacted or as hereafter amended or recodified from o 29A.84.711 Documents regarding time to time, are hereby adopted by reference and c nomination,election, candidacy shall be given the same force and effect as if set —Frauds and falsehoods. forth herein in full: m 29A.84.720 Officers—Violations generally. RCW 29A.84.730 Divulging ballot count. 3013.10.100 Effect of final orders against04 M (Ord.No. 4195, § 1,4-19-16) officers,directors, employees, and agents. u, 9.02.190 RCW Title 30A,entitled 30B.10.230 General penalty—Effect of w "Washington Commercial Bank conviction. Act"—Adoption by reference. The following RCW sections, as currently 30B.53.090 Acquisition of control of state c enacted or as hereafter amended or recodified from trust company—Notice and c time to time, are hereby adopted by reference and application—Registration E shall be given the same force and effect as if set statement—Violations— vi forth herein in full: Penalties. v RCW (Ord. No. 4195, § 1, 4-19-16; Ord. No. 4389, § 59 Y o� 30A.04.010 Definitions. 2-2-21) m 30A.04.020 Use of words indicating bank or trust company—Penalty. 9.02.210 RCW Title 31,entitled o 30A.04.075 Examination reports and "Miscellaneous Loan Agencies"— c information—Confidentiality— Adoption by reference. a Disclosure—Penalty. The following RCW sections, as currently -°a 30A.04.260 Legal services, advertising of— enacted or as hereafter amended or recodified from Penalty. time to time, are hereby adopted by reference and 30A.04.405 Bank acquisition or control— shall be given the same force and effect as if set c Notice or application— forth herein in full: E z c� a (Revised 5/21) 9-24.2 Packet Pg. 80 4.E.a Kent City Code 9.02.240 i RCW limitations and procedure— 31.04.027 Violations of chapter. Penalty. 31.04.175 Violations—No penalty prescribed—Gross misdemeanor 33.08.010 Compliance required—Use of O —Good faith exception. words in name or advertising— Penalty—Saving. 31.12.565 Examination reports and a' specified other information 33.24.360 Acquisition of control of E confidential—Exceptions— association—Unlawful,when— w i Penalty. Application—Contents—Notice to other associations—Penalty. 31.45.105 Violations of chapter— ,d Enforceability of transaction. 33.36.010 Illegal loans or investments. 31.45.180 Violation—Misdemeanor. 33.36.020 Purchase at discount of accounts (Ord.No. 4195, § 1,4-19-16) or certificates. 33.36.030 Preference in case of insolvency. a 9.02.220 RCW Title 32,entitled 33.36.040 Falsification of books— -°a "Washington Savings Bank Act"— Exhibiting false document— N Adoption by reference. Making false statement of assets The following RCW sections, as currently or liabilities. enacted or as hereafter amended or recodified from 33.36.050 False statement affecting in time to time, are hereby adopted by reference and financial standing. 0 shall be given the same force and effect as if set 33.36.060 Suppressing, secreting, or o forth herein in full: destroying evidence or records. c RCW (Ord.No. 4195, § 1,4-19-16) 32.04.130 General penalty. 32.04.220 Examination reports and other 9.02.240 RCW Title 35,entitled"Cities and information—Confidential— Towns"—Adoption by reference. 04 Privileged—Penalty. The following RCW sections, as currently enacted or as hereafter amended or recodified from u, 32.16.097 Penalty for violation of order time to time, are hereby adopted by reference and w issued under RCW 32.16.093. shall be given the same force and effect as if set forth herein in full: a� 32.32.228 Acquisition of control of a RCW c converted savings bank—State 35.17.150 Officers and employees— c reciprocity—Definitions. Passes, free services prohibited, (Ord.No. 4195, § 1,4-19-16) exceptions—Penalty. VI c� 9.02.230 RCW Title 33,entitled 35.32A.090 Budget mandatory—Other Y rn "Washington Savings Associations expenditures void—Liability of m Act"—Adoption by reference. public officials—Penalty. The following RCW sections, as currently o enacted or as hereafter amended or recodified from 35.33.170 Violations and penalties. c time to time, are hereby adopted by reference and a shall be given the same force and effect as if set 35.34.280 Violations and penalties. a forth herein in full: RCW 35.67.350 Penalty for sewer connection 33.04.110 Examination reports and without permission. c information—Confidential and E E privileged—Exceptions, c� a 9-24.2a (Revised 5/21) Packet Pg. 81 4.E.a 9.02.250 Kent City Code i 35.75.020 Use of bicycle paths for other 36.68.080 Penalty for violations of purposes prohibited. regulations. (Ord.No. 4195, § 1,4-19-16) c 36.69.180 Violation of rules—Penalty. O 9.02.250 RCW Title 35A,entitled"Optional Municipal Code"—Adoption by 36.71.060 Peddler's license—Penalty for reference. peddling without license. a' The following RCW sections, as currently 36.71.070 Hawkers, auctioneers, and E enacted or as hereafter amended or recodified from barterers must procure license— w i time to time, are hereby adopted by reference and Exceptions. shall be given the same force and effect as if set forth herein in full: 36.75.130 Approaches to county roads— ,d RCW Rules regarding construction— 35A.33.160 Violations and penalties. Penalty. 36.75.270 Limitation of type or weight of 35A.34.280 Violations and penalties. vehicles authorized—Penalty. a (Ord.No. 4195, § 1,4-19-16) 36.75.290 General penalty. -°a Q 9.02.260 RCW Title 36,entitled"Counties"— 36.86.060 Restrictions on use of oil at Adoption by reference. intersections or entrances to The following RCW sections, as currently county roads. in enacted or as hereafter amended or recodified from 0 time to time, are hereby adopted by reference and 36.95.190 Penalty for false statement as to 0 shall be given the same force and effect as if set tax exemption. c forth herein in full: (Ord.No. 4195, § 1,4-19-16) RCW m 36.13.070 County census authorized— 9.02.270 RCW Title 38,entitled"Militia and Penalty. Military Affairs"—Adoption by reference. 36.28.060 Duplicate receipts—Penalties. The following RCW sections, as currently x enacted or as hereafter amended or recodified from w 36.29.060 Warrant calls—Penalty for time to time, are hereby adopted by reference and failure to call. shall be given the same force and effect as if set forth herein in full: c 36.32.210 Inventory of county capitalized RCW c assets—County commission 38.32.090 Penalty for physician making E inventory statement—Filing and false certificate. i public inspection—Penalty— 38.32.100 Buying and receiving military v Prosecutions—Taxpayer's property. Y rn action. 38.32.120 Authority of commanding m officer. 36.40.240 Penalty. o 38.40.040 Interference with employment— c 36.43.040 Penalty for violation of code or Penalty. a regulation. 38.40.050 Discharge from employment— -°a Penalty. a m 36.49.070 Penalty. 38.40.110 Employment or membership in other organizations— c 36.58.020 Rules and regulations as to use— Discrimination prohibited— E Penalty. Penalty—Civil cause of action. c� a (Revised 5/21) 9-24.2b Packet Pg. 82 4.E.a Kent City Code 9.02.270 i 38.40.120 Authorized military organizations. c 38.42.050 Protection of service members O and their dependents against default judgments. 38.42.150 Civil investigative demands Standards Limitations E Enforcement. w i a� 38.52.150 Orders, rules,regulations— Enforcement—Availability— ,T Penalty. (Ord. No. 4195, § 1, 44946; Ord. No. 4389, § 6, 2-2-21) 0. 0 Q a� r in w- 0 0 r a 0 T m 0 M N M N K W C R N v C cC C E L 0 U U Y rn m r H 0 c O r 0 Q m r c m E t v .r a 9-24.2b(1) (Revised 5/21) Packet Pg. 83 4.E.a Kent City Code i m c c L O V L E W i V L d NNd LPL O Q U) w- O This page left intentionally blank. O r a O m 0 M N M N K W C R N v C m C E L 0 i U U Y rn m r H O c O r O Q m r c m E t v .r a (Revised 5/21) 9-24.2b(2) Packet Pg. 84 4.E.a Kent City Code 9.02.310 i 9.02.280 RCW Title 39,entitled"Public 41.35.120 False statements—Penalty. Contracts and Indebtedness"— Adoption by reference. 41.37.120 False statements—Penalty. The following RCW sections, as currently O enacted or as hereafter amended or recodified from 41.40.055 Penalty for false statements. time to time, are hereby adopted by reference and (Ord.No. 4195, § 1,4-19-16) shall be given the same force and effect as if set a' forth herein in full: 9.02.310 RCW Title 42,entitled"Public E RCW Officers and Agencies"—Adoption w i 39.04.110 Penalty for false entries. by reference. The following RCW sections, as currently 39.84.050 Public corporations—Directors— enacted or as hereafter amended or recodified from ,d Conflicts of interest. time to time, are hereby adopted by reference and shall be given the same force and effect as if set 39.110.020 Economic development finance forth herein in full: authority—Creation— RCW a Dissolution—Requirements— 42.17A.750 Civil remedies and sanctions— -°a Penalty. Referral for criminal Q (Ord.No. 4195, § 1,4-19-16) prosecution. 9.02.290 Chapter 40.16 RCW,entitled 42.20.020 Powers may not be delegated for in "Penal provisions"—Adoption by profit. 0 reference. 42.20.030 Intrusion into and refusal to 0 The following RCW sections, as currently surrender public office. c enacted or as hereafter amended or recodified from 42.20.040 False report. T time to time, are hereby adopted by reference and 42.20.050 Public officer making false shall be given the same force and effect as if set certificate. forth herein in full: 42.20.060 Falsely auditing and paying M 04 RCW claims. 40.16.010 Injury to public record. 42.20.080 Other violations by officers. x 40.16.030 Offering false instrument for 42.20.090 Misappropriation, etc.,by w filing or record. treasurer. (Ord.No. 4195, § 1,4-19-16) 42.20.100 Failure of duty by public officer a misdemeanor. c 9.02.300 RCW Title 41,entitled"Public 42.20.110 Improper conduct by certain c Employment,Civil Service,and justices. Pensions"—Adoption by reference. 01 The following RCW sections, as currently 42.24.100 Municipal corporations and v enacted or as hereafter amended or recodified from political subdivisions— Y o� time to time, are hereby adopted by reference and Certificates need not be sworn— m shall be given the same force and effect as if set Penalty for false claim. forth herein in full: 42.24.110 Municipal corporations and o RCW political subdivisions— c 41.08.210 Penalty—Jurisdiction. Approving or paying false claim a —Penalties. 13 41.12.210 Penalty—Jurisdiction. 42.44.160 Official misconduct—Penalty. 41.14.220 Penalty—Jurisdiction. (Ord.No. 4195, § 1,4-19-16) c m E 41.32.055 Falsification—Penalty. U c� a 9-24.2c (Revised 11/16) Packet Pg. 85 4.E.a 9.02.320 Kent City Code i 9.02.320 RCW Title 43,entitled"State 43.22A.170 Notice of infraction. Government—Executive"— Adoption by reference. 43.37.200 Penalty. The following RCW sections, as currently O enacted or as hereafter amended or recodified from 43.43.320 Penalty for falsification. time to time, are hereby adopted by reference and 43.43.690 Crime laboratory analysis fee— shall be given the same force and effect as if set Court imposition—Collection. a' forth herein in full: 43.43.754 DNA identification system— E RCW Biological samples—Collection, w i 43.01.100 Application forms— use,testing—Scope and Employment—Licenses— application of section. Mention of race or religion 43.43.810 Obtaining information by false ,d prohibited—Penalty. pretenses—Unauthorized use of information—Falsifying records 43.04.090 Criminal penalty. —Penalty. a 43.06.220 State of emergency—Powers of 43.70.185 Inspection of property where -°a governor pursuant to marine species located— Q proclamation. Prohibitions on harvest or 43.06.240 State of emergency—Disorderly landing—Penalties. conduct after emergency in proclaimed—Penalty. 43.88.270 Penalty for violations. 0 43.06.250 State of emergency—Refusing to 0 leave public way or property 43.215.340 Operating without a license— c when ordered—Penalty. Penalty. m 43.07.210 Filing false statements—Penalty. 43.320.090 Borrowing money by director, deputy, or employee—Penalty. M 43.12.065 Rules pertaining to public use of (Ord.No. 4195, § 1,4-19-16) state lands—Enforcement— u, Penalty. 9.02.330 Chapter 44.16 RCW, entitled w "Legislative inquiry"—Adoption by 43.21 G.100 Penalty. reference. The following RCW section, as currently c 43.22.300 Compelling attendance of enacted or as hereafter amended or recodified from c witnesses and testimony— time to time, is hereby adopted by reference and E Penalty. shall be given the same force and effect as if set 01 43.22.310 Access to plants—Penalty for forth herein in full: v refusal. RCW Y o� 43.22.340 Manufactured homes,mobile 44.16.120 Punishment of recalcitrant m homes,recreational vehicles— witness. Safety rules—Compliance— (Ord.No. 4195, § 1,4-19-16) o Penalty. 0 43.22.433 Violations—Penalties. 9.02.340 RCW Title 46,entitled "Motor a 43.22.490 Factory built housing and Vehicles"—Adoption by reference. -°a commercial structures, The following RCW sections, as currently a m regulating installation of— enacted or as hereafter amended or recodified from Violation as misdemeanor— time to time, are hereby adopted by reference and c Penalty. shall be given the same force and effect as if set E forth herein in full: U c� a (Revised 11/16) 9-24.2d Packet Pg. 86 4.E.a Kent City Code 9.02.350 i RCW 46.72.100 Unprofessional conduct— 46.09.495 Failure to title or register an off- Bond/insurance policy—Penalty. road vehicle—Penalty, circumstances when. 46.72A.060 Insurance—Amount—Penalty. O 46.72A.070 Vehicle certificates—Issuance of 46.10.505 Failure to register a snowmobile, new or duplicate certificate— circumstances when. Penalty. a' m E 46.12.610 Contaminated vehicles. 46.80.020 License required—Penalty. w i 46.80.080 Records—Penalty. 46.16A.050 Registration—Requirements 46.80.110 License penalties, civil fines, before issuance—Penalty— criminal penalties. ,d Rules. 46.80.130 All storage at place of business— 46.16A.070 Registration—Cancellation, Screening required—Penalty. refusal,etc.—Appeals. 46.80.170 Violations—Penalties. a 46.19.010 Criteria for natural persons— 46.82.390 Penalty. -°a Application—Identification Q cards,placards, and license 46.87.290 Refusal, cancellation of plates. application, cab card— Procedures,penalties. in 46.20.091 Application—Penalty for false (Ord. No. 4195, § 1, 4-19-16; Ord. No. 4314, § 6, 0 statement—Driving records from 3-5-19) o and to other jurisdictions. c 9.02.350 RCW Title 47,entitled"Public T 46.29.610 Surrender of license—Penalty. Highways and Transportation"— 46.29.620 Forged proof—Penalty. Adoption by reference. The following RCW sections, as currently04 M 46.35.030 Confidential information— enacted or as hereafter amended or recodified from Exceptions—Penalty. time to time, are hereby adopted by reference and x shall be given the same force and effect as if set w 46.52.130 Abstract of driving record— forth herein in full: Access—Fee—Violations. RCW a� 47.04.090 Penalty. c 46.55.300 Vehicle immobilization. c 47.08.110 Misuse of county or city road E 46.68.010 Refunds, overpayments, and funds—General penalty. Vi underpayments—Penalty for v false statements. 47.38.010 Rules governing use and control Y rn of rest areas,historic sites, m 46.70.021 License required for dealers or viewpoints, etc.—Penalties. manufacturers—Penalties. o 46.70.051 Issuance of license—Private 47.40.080 Penalty for destroying native c party dissemination of vehicle flora on state lands,highways, a database. parks. -°a 46.70.140 Handling"hot"vehicles— Unreported motor"switches"— 47.41.070 Violations—Penalty— Unauthorized use of dealer Abatement as public nuisance. c plates—Penalty. E 46.70.170 Penalty for violations. U c� a 9-24.2e (Revised 7/19) Packet Pg. 87 4.E.a 9.02.360 Kent City Code i 47.42.080 Public nuisance—Abatement— 48.30.220 Destruction, injury, secretion, Penalty. etc.,of property. 48.30.230 False claims or proof—Penalty. 47.44.060 Penalties. O 48.30A.015 Unlawful acts—Penalties. 47.48.040 Penalty. 47.48.050 Transportation of radioactive or 48.31.105 Conduct of proceedings— m hazardous cargo—Definition— Requirement to cooperate— E Violation,penalty. Definitions—Violations— w i Penalties. 47.68.220 Operating aircraft recklessly or under influence of intoxicants or 48.36A.360 Penalties. ,d drugs. 47.68.230 Aircraft, airman, and airwoman 48.44.015 Registration by health care certificates required. service contractors required— 47.68.240 Penalties for violations. Penalty. a 47.68.255 Evasive registration. 48.44.060 Penalty. -°a (Ord.No. 4195, § 1,4-19-16) Q 48.46.027 Registration,required—Issuance 9.02.360 RCW Title 48,entitled"Insurance" of securities—Penalty. —Adoption by reference. 48.46.420 Penalty for violations. in The following RCW sections, as currently 0 enacted or as hereafter amended or recodified from 48.56.030 License—Required—Fees— o time to time, are hereby adopted by reference and Information to be furnished— c shall be given the same force and effect as if set Penalty. forth herein in full: m RCW 48.80.030 Making false claims,concealing 48.01.080 Penalties. information—Penalty— 04 M Exclusions. 48.07.060 Corrupt practices—Penalty. (Ord.No. 4195, § 1,4-19-16) x w 48.08.040 Illegal dividends,reductions— 9.02.370 RCW Title 49,entitled"Labor Penalty against directors. Regulations"—Adoption by reference. c 48.15.180 Surplus line broker's fiduciary The following RCW sections, as currently c capacity—Violations. enacted or as hereafter amended or recodified from E time to time, are hereby adopted by reference and i 48.17.480 Reporting and accounting for shall be given the same force and effect as if set v premiums. forth herein in full: Y o� 48.17.600 Separation of premium funds. RCW m 49.12.130 Witness protected—Penalty. 48.18.070 Alteration of application. 49.12.170 Penalty. o 48.18.180 Stated premium must include all 49.12.175 Wage discrimination due to sex c charges. prohibited—Penalty—Civil a recovery. 13 48.30.110 Contributions to candidates for 49.12.410 Child labor laws—Violations— insurance commissioner. Criminal penalties. 48.30.190 Illegal dealing in premiums. c 48.30.210 Misrepresentation in application 49.17.190 Violations—Criminal penalties. E for insurance. c� a (Revised 7/19) 9-24.2f Packet Pg. 88 4.E.a Kent City Code 9.02.370 i 49.24.060 Penalty. 49.24.380 Penalty. c 49.26.140 Asbestos projects—Enforcement O —Penalties. c a� a� L E W V L d NNd LPL O Q U) w- O O Q O T d 0 M N M N K W C R N v C cC C E L 0 U U Y rn m r H O c O r O. O Q m r c m E t v .r a 9-24.2f(1) (Revised 7/19) Packet Pg. 89 4.E.a Kent City Code i m c c L O V L E W i V L d NNd LPL O Q U) w- O This page left intentionally blank. O r a O m 0 M N M N K W C R N v C m C E L 0 i U U Y rn m r H O c O r O Q m r c m E t v .r a (Revised 7/19) 9-24.2f(2) Packet Pg. 90 4.E.a Kent City Code 9.02.390 i 49.28.010 Eight hour day, 1899 act—Public display of plate or placard works contracts—Emergency invalid or not legally issued overtime—Penalty. prohibited—Fine—Notice to c 49.28.080 Hours of domestic employees— disabled persons. O Exception—Penalty. (Ord. No. 4195, § 1,4-19-16) 49.28.100 Hours of operators of power equipment in waterfront 9.02.380 RCW Title 50,entitled a' operations—Penalty. "Unemployment Compensation"— E Adoption by reference. w i 49.38.060 Penalty. The following RCW sections, as currently enacted or as hereafter amended or recodified from 49.40.030 Fraud in securing advances— time to time, are hereby adopted by reference and ,d Penalty. shall be given the same force and effect as if set forth herein in full: 49.44.010 Blacklisting—Penalty. RCW 49.44.020 Bribery of labor representative. 50.36.010 Violations generally. a 49.44.030 Labor representative receiving 50.36.020 Violations by employers. -°a bribe. 50.36.030 Concealing cause of discharge. Q 49.44.040 Obtaining employment by false letter or certificate. 50.40.010 Waiver of rights void. 49.44.050 Fraud by employment agent. (Ord.No. 4195, § 1,4-19-16) in 49.44.060 Corrupt influencing of agent. 0 49.44.080 Endangering life by refusal to 9.02.390 RCW Title 51,entitled"Industrial o labor. Insurance"—Adoption by c 49.44.100 Bringing in out-of-state persons reference. M to replace employees involved in The following RCW sections, as currently 6 labor dispute—Penalty. enacted or as hereafter amended or recodified from 49.44.120 Requiring lie detector tests— time to time, are hereby adopted by reference and M 04 Penalty. shall be given the same force and effect as if set forth herein in full: u, 49.46.100 Prohibited acts of employer— RCW w Penalty. 51.14.100 Notice of compliance to be posted—Penalty. 49.48.020 Penalty for noncompliance with RCW 49.48.010 through 51.16.140 Premium liability of worker. c 49.48.030 and 49.48.060. E 49.48.040 Enforcement of wage claims— 51.48.020 Employer's false reporting or VI Issuance of subpoenas— failure to secure payment of v Compliance. compensation—False Y o� information by claimants— m 49.52.050 Rebates of wages—False records Unlawful actions—Penalties. —Penalty. 51.48.040 Inspection of employer's o 49.52.090 Rebates of wages on public records. c works—Penalty. 51.48.050 Liability for illegal collections a for medical aid. -°a 49.60.310 Misdemeanor to interfere with or 51.48.103 Engaging in business without Q m resist commission. certificate of coverage— 49.60.360 Refueling services for disabled Unlawful actions—Penalties. c drivers—Violation— E E Investigation—Intentional c� a 9-24.2g (Revised 11/16) Packet Pg. 91 4.E.a 9.02.400 Kent City Code i 51.48.270 Criminal liability of persons 9.02.420 Chapter 57.08 RCW, entitled making false statements or "Powers"—Adoption by reference. concealing information. The following RCW section, as currently 51.48.280 Kickbacks,bribes,and rebates— enacted or as hereafter amended or recodified from O Representation fees—Criminal time to time, is hereby adopted by reference and liability—Exceptions. shall be given the same force and effect as if set forth herein in full: a' 51.52.120 Attorney's fee before RCW E department or board—Unlawful 57.08.180 Sewer, drainage, and water w i attorney's fees. connections without district 51.52.132 Unlawful attorney's fees. permission—Penalties. (Ord.No. 4195, § 1,4-19-16) (Ord.No. 4195, § 1,4-19-16) ,d m 9.02.400 Chapter 52.12 RCW, entitled 9.02.430 RCW Title 58,entitled"Boundaries "Powers—Burning permits"— and Plats"—Adoption by reference. Adoption by reference. The following RCW sections, as currently a The following RCW sections, as currently enacted or as hereafter amended or recodified from -°a enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and Q time to time, are hereby adopted by reference and shall be given the same force and effect as if set W shall be given the same force and effect as if set forth herein in full: forth herein in full: RCW U) RCW 58.04.015 Disturbing a survey monument— 0 52.12.105 Burning permits—Penalty. Penalty—Cost. o 52.12.106 Burning permits—Penalty. c (Ord.No. 4195, § 1,4-19-16) 58.17.300 Violations—Penalties. (Ord.No. 4195, § 1,4-19-16) 9.02.410 RCW Title 53,entitled"Port Districts"—Adoption by reference. 9.02.440 RCW Title 59,entitled"Landlord M The following RCW sections, as currently and Tenant"—Adoption by enacted or as hereafter amended or recodified from reference. u, time to time, are hereby adopted by reference and The following RCW sections, as currently w shall be given the same force and effect as if set enacted or as hereafter amended or recodified from forth herein in full: time to time, are hereby adopted by reference and RCW shall be given the same force and effect as if set c 53.08.220 Regulations authorized— forth herein in full: c Adoption as part of ordinance or RCW E resolution of city or county, 59.12.230 Forcible entry and detainer— vi procedure—Enforcement— Penalty. v Penalty for violation. Y o� 59.18.125 Inspections by local m 53.34.190 Bylaws,rules for management, municipalities—Frequency— uses, charges—Penalty for Number of rental properties 0 violation. inspected—Notice—Appeals— c (Ord.No. 4195, § 1,4-19-16) Penalties. a 0 59.21.110 Violations—Penalty. Q m (Ord.No. 4195, § 1,4-19-16) c m E z U c� a (Revised 11/16) 9-24.2h Packet Pg. 92 4.E.a Kent City Code 9.02.490 i 9.02.450 RCW Title 61,entitled"Mortgages, 64.44.040 Orders declaring property unfit Deeds of Trust, and Real Estate and prohibiting use—City, Contracts"—Adoption by reference. county action—Entrance upon S The following RCW sections, as currently property prohibited. O enacted or as hereafter amended or recodified from (Ord. No. 4195, § 1,4-19-16) time to time, are hereby adopted by reference and shall be given the same force and effect as if set 9.02.480 RCW Title 65,entitled"Recording, m forth herein in full: Registration, and Legal E RCW Publication"—Adoption by w i 61.12.030 Removal of property from reference. mortgaged premises—Penalty. The following RCW sections, as currently enacted or as hereafter amended or recodified from ,! 61.30.150 False swearing—Penalty— time to time, are hereby adopted by reference and Failure to comply with chapter— shall be given the same force and effect as if set Liability. forth herein in full: (Ord.No. 4195, § 1,4-19-16) RCW a 65.12.730 Certificate subject of theft— -°a 9.02.460 RCW Title 63,entitled"Personal Penalty. N Property"—Adoption by reference. 65.12.740 Perjury. The following RCW sections, as currently 65.12.750 Fraud—False entries—Penalty. enacted or as hereafter amended or recodified from in time to time, are hereby adopted by reference and 65.20.130 General penalties. o shall be given the same force and effect as if set (Ord.No. 4195, § 1,4-19-16) o forth herein in full: c RCW 9.02.490 RCW Title 66,entitled"Alcoholic 63.14.170 Violations—Penalties. Beverage Control"—Adoption by reference. 63.29.340 Interest and penalties. The following RCW sections, as currently M 04 63.29.350 Penalty for excessive fee for enacted or as hereafter amended or recodified from locating abandoned property— time to time, are hereby adopted by reference and x Consumer protection act shall be given the same force and effect as if set w application. forth herein in full: (Ord.No. 4195, § 1,4-19-16) RCW 66.04.010 Definitions. c 9.02.470 RCW Title 64,entitled"Real c Property and Conveyances"— 66.08.130 Inspection of books and records E Adoption by reference. —Goods possessed or shipped— 1 The following RCW sections, as currently Refusal as violation. v enacted or as hereafter amended or recodified from 66.08.140 Inspection of books and records Y o� time to time, are hereby adopted by reference and —Financial dealings—Penalty m shall be given the same force and effect as if set for refusal. forth herein in full: o RCW 66.12.010 Wine or beer manufactured for 0 64.36.020 Registration required before home use. a advertisement, solicitation, or -°a offer—Requirements for 66.16.090 Record of individual purchases registration—Exemption confidential—Penalty for authorized—Penalties. disclosure. c 64.36.210 Unlawful acts—Penalties. E E z c� a 9-24.2i (Revised 11/16) Packet Pg. 93 4.E.a 9.02.490 Kent City Code i 66.20.100 Physician may prescribe or 66.44.140 Unlawful sale,transportation of administer liquor—Penalty. spirituous liquor without stamp 66.20.110 Dentist may administer liquor— or seal—Unlawful operation, c Penalty. possession of still or mash. O 66.20.120 Hospital, etc.,may administer 66.44.150 Buying liquor illegally. liquor—Penalty. 66.44.160 Illegal possession,transportation 66.20.200 Unlawful acts relating to of alcoholic beverages. m identification or certification 66.44.170 Illegal possession of liquor with E card—Penalties. intent to sell—Prima facie w i 66.20.340 Alcohol servers—Violation of evidence,what is. rules—Penalties. 66.44.175 Violations of law. m 66.44.180 General penalties—Jurisdiction ,d 66.24.481 Public place or club—License or for violations. permit required—Penalty. 66.44.200 Sales to persons apparently under the influence of liquor— 66.28.090 Licensed premises or banquet Purchases or consumption by a permit premises open to persons apparently under the -°a inspection—Failure to allow, influence of liquor on licensed Q violation. premises—Penalty—Notice— 66.28.200 Keg registration—Special Separation of actions. endorsement for grocery store 66.44.210 Obtaining liquor for ineligible U) licensee—Requirements of person. 0 seller. 66.44.270 Furnishing liquor to minors— o 66.28.210 Keg registration—Requirements Possession,use—Penalties— c of purchaser. Exhibition of effects— 66.28.220 Keg registration—Identification Exceptions. of containers—Rules—Fees— 66.44.280 Minor applying for permit. Sale in violation of rules 66.44.290 Minor purchasing or attempting04 M unlawful. to purchase liquor—Penalty. 66.28.230 Keg registration—Furnishing to 66.44.292 Sales to minors by licensee or x minors—Penalties. employee—Board notification to w prosecuting attorney to 66.44.010 Local officers to enforce law— formulate charges against Authority of board—Liquor minors. c enforcement officers. 66.44.300 Treats,gifts,purchases of liquor c 66.44.040 Sufficiency of description of for or from minor,or holding out E offenses in complaints, minor as at least twenty-one, in vi informations,process, etc. public place where liquor sold. v 66.44.060 Proof of unlawful sale 66.44.310 Minors frequenting off-limits Y o� establishes prima facie intent. area—Misrepresentation of age— m 66.44.070 Certified analysis is prima facie Penalty—Classification of evidence of alcoholic content. licensees. o 66.44.080 Service of process on 66.44.316 Certain persons eighteen years c corporation. and over permitted to enter and a 66.44.090 Acting without license. remain upon licensed premises -°a 66.44.100 Opening or consuming liquor in during employment. Q m a public place—Penalty. 66.44.318 Employees aged eighteen to 66.44.120 Unlawful use of seal. twenty-one stocking, c 66.44.130 Sales of liquor by drink or bottle. merchandising, and handling E beer and wine. U c� a (Revised 11/16) 9-24.2j Packet Pg. 94 4.E.a Kent City Code 9.02.510 i 66.44.325 Unlawful transfer to a minor of 67.16.060 Prohibited practices— age identification. Parimutuel system permitted— 66.44.328 Preparation or acquisition and Race meet as public nuisance. supply to persons under age O twenty-one of facsimile of 67.42.070 Penalty. official identification card— m Penalty. 67.70.120 Sale to minor prohibited— E 66.44.340 Employees eighteen years and Exception—Penalties. E over allowed to sell and handle 67.70.150 Penalty for false or misleading w i beer and wine for certain statement or entry or failure to licensed employers. produce documents. 66.44.350 Employees eighteen years and 67.70.160 Penalty for violation of chapter— ,d over allowed to serve and carry Exceptions. liquor, clean up, etc., for certain 67.70.170 Penalty for violation of rules— licensed employers. Exceptions. 66.44.370 Resisting or opposing officers in 67.70.180 Persons prohibited from a enforcement of title. purchasing tickets or shares or -°a 66.44.380 Powdered alcohol. receiving prizes—Penalty. Q (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 6, (Ord. No. 4195, § 1,4-19-16) W 6-1-04; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.140) 9.02.510 RCW Title 68,entitled"Cemeteries, in Morgues,and Human Remains"— 0 9.02.500 RCW Title 67, entitled"Sports and Adoption by reference. o Recreation—Convention Facilities" The following RCW sections, as currently c —Adoption by reference. enacted or as hereafter amended or recodified from cc The following RCW sections, as currently time to time, are hereby adopted by reference and 6 enacted or as hereafter amended or recodified from shall be given the same force and effect as if set time to time, are hereby adopted by reference and forth herein in full: M 04 shall be given the same force and effect as if set RCW forth herein in full: 68.05.115 Sale or transfer of cemetery x RCW authority or creation of a new w 67.04.010 Penalty for bribery in relation to cemetery—Penalty for baseball game. noncompliance. 67.04.020 Penalty for acceptance of bribe. 68.05.240 Interment,certificate of c 67.04.050 Corrupt baseball playing— authority required—Penalty. c Penalty. 68.05.330 Violation—Penalty—Unfair E 67.04.150 Contract with minor—Penalty practice—Other laws applicable. 01 for violation. 68.05.390 Permit or endorsement required v for cremation—Penalty. Y rn 67.08.015 Duties of department— m Exemptions—Rules. 68.24.130 Sale for resale prohibited— 67.08.140 Penalty for conducting events Penalty. o without license—Penalty. 68.24.140 Commission on sales prohibited c 67.08.150 General penalty. —Penalty. a 68.24.150 Unlawful employment of others -°a 67.14.060 Liquor sales,keeping games, to dispose of human remains. without license—Penalty. 68.24.190 Opening road through cemetery —Penalty. c m E z c� a 9-24.2k (Revised 5/21) Packet Pg. 95 4.E.a 9.02.520 Kent City Code I 68.28.060 Improper construction a 68.64.160 Illegal financial gain—Altering a nuisance—Penalty. document,amendment, or revocation of gift—Felony. 68.40.085 Representing fund as perpetual— (Ord.No. 4195, § 1,4-19-16) O Penalty. 68.40.090 Penalty. 9.02.520 RCW Title 69,entitled"Food, Drugs, Cosmetics,and Poisons"— a' 68.44.060 Unauthorized loans Penalty. Adoption by reference. E The following RCW sections, as currently w I 68.50.020 Notice to coroner—Penalty. enacted or as hereafter amended or recodified from 68.50.050 Removal or concealment ofbody time to time, are hereby adopted by reference and —Penalty. shall be given the same force and effect as if set ,d 68.50.100 Dissection,when permitted— forth herein in full: Autopsy of person under the age RCW of three years. 69.04.040 Prohibited acts. 68.50.108 Autopsies,postmortems— 69.04.060 Criminal penalty for violations. a Consent to embalm or cremate 69.04.070 Additional penalty. -°a body—Time limitation. 69.04.933 Food fish and shellfish labeling— Q 68.50.120 Holding body for debt—Penalty. Identification of species— 68.50.130 Unlawful disposal of remains. Exceptions—Penalty. 68.50.140 Unlawful disturbance,removal, 69.04.934 Salmon labeling—Identification in or sale of human remains— as farm-raised or commercially 0 Penalty. caught—Exceptions—Penalty. o 68.50.185 Individual cremation— 69.04.938 Misbranding of food fish or c Exception—Penalty. shellfish—Penalties. 68.50.645 Skeletal human remains—Duty to notify—Ground disturbing 69.06.060 Penalty. activities—Coroner04 M determination—Definitions. 69.07.150 Violations—Penalties. 68.56.010 Unlawful damage to graves, 69.22.090 Penalties. w markers, shrubs, etc.— Interfering with funeral. 69.25.150 Penalties—Liability of employer 68.56.040 Nonconforming cemetery a —Defense. c nuisance—Penalty. c 68.56.050 Defendant liable for costs. 69.28.185 Penalty. E O I 68.60.040 Protection of cemeteries— 69.30.140 Penalties. v Penalties. � 68.60.050 Protection of historic graves— 69.36.060 Penalty. m Penalty. 68.60.055 Skeletal human remains—Duty 69.38.040 Inspection of poison register— o to notify—Ground disturbing Penalty for failure to maintain c activities—Coroner register. a determination—Definitions. 69.38.050 False representation—Penalty. -°a 69.38.060 Manufacturers and sellers of a m 68.64.150 Illegal purchases or sales— poisons—License required— Felony. Penalty. c m E z c� a (Revised 5/21) 9-24.21 Packet Pg. 96 4.E.a Kent City Code 9.02.520 i 69.40.055 Selling repackaged poison 69.43.110 Ephedrine,pseudoephedrine, without labeling—Penalty. phenylpropanolamine—Sales restrictions—Electronic sales 69.41.010 Definitions. tracking system—Penalty. O 69.41.030 Sale,delivery,or possession of 69.43.120 Ephedrine,pseudoephedrine, legend drug without prescription phenylpropanolamine— or order prohibited—Exceptions Possession of more than fifteen —Penalty. grams—Penalty—Exceptions. E 69.41.050 Labeling requirements—Penalty. 69.43.130 Exemptions—Pediatric products w i 69.41.060 Search and seizure. —Products exempted by the 69.41.072 Violations of Chapter 69.50 pharmacy quality assurance RCW not to be charged under commission. ,d Chapter 69.41 RCW— 69.43.135 Iodine,methylsulfonylmethane W Exception. —Sales restrictions—Recording 69.41.170 Coercion of pharmacist of transactions—Penalties. 0 prohibited—Penalty. a 69.41.320 Practitioners—Restricted use— 69.50.101 Definitions. -°a Medical records. 69.50.102 Drug paraphernalia— Q 69.41.350 Penalties. Definitions. 69.50.202 Nomenclature. 69.43.010 Report to pharmacy quality 69.50.204 Schedule 1. in assurance commission—List of 69.50.206 Schedule 11. 0 substances—Modification of list 69.50.208 Schedule 111. o —Identification of purchasers— 69.50.210 Schedule IV. c Report of transactions— 69.50.212 Schedule V. Penalties. 69.50.315 Medical assistance—Drug- 69.43.020 Receipt of substance from source related overdose—Prosecution outside state—Report—Penalty. for possession. 04 M 69.43.030 Exemptions. 69.50.401 Prohibited acts: A—Penalties. 69.43.035 Suspicious transactions—Report 69.50.4011 Counterfeit substances— x —Penalty. Penalties. w 69.43.040 Reporting form. 69.50.4012 Delivery of substance in lieu of ca 69.43.043 Recordkeeping requirements— controlled substance—Penalty. 0) Penalty. 69.50.4013 Possession of controlled c 69.43.048 Reporting and recordkeeping substance—Penalty—Possession c requirements—Submission of of useable marijuana, marijuana computer readable data, copies concentrates, or marijuana- vi of federal reports. infused products. v 69.43.080 False statement in report or 69.50.4014 Possession of forty grams or less Y o� record—Class C felony. of marijuana—Penalty. m 69.43.090 Permit to sell,transfer, furnish, 69.50.4015 Involving a person under or receive substance— eighteen in unlawful controlled o Exemptions—Application for substance transaction—Penalty. c permit—Fee—Renewal— 69.50.4016 Provisions not applicable to a Penalty. offenses under RCW 69.50.410. 13 69.43.105 Ephedrine,pseudoephedrine, 69.50.402 Prohibited acts: B—Penalties. phenylpropanolamine—Sales 69.50.403 Prohibited acts: C—Penalties. restrictions—Record of 69.50.404 Penalties under other laws. c transaction—Exceptions— 69.50.405 Bar to prosecution. E Penalty. 69.50.407 Conspiracy. U c� a 9-24.2m (Revised 5/21) Packet Pg. 97 4.E.a 9.02.520 Kent City Code i 69.50.408 Second or subsequent offenses. or marijuana-infused products 69.50.410 Prohibited acts: D—Penalties. exceeding lawful amount 69.50.412 Prohibited acts: E—Penalties. Affirmative defense. c 69.50.4121 Drug paraphernalia—Selling or 69.51A.050 Medical marijuana, lawful O giving—Penalty. possession—State not liable. 69.50.416 Counterfeit substances 69.51A.055 Limitations of chapter—Persons prohibited—Penalties. under supervision. a' 69.50.435 Violations committed in or on 69.51A.060 Crimes—Limitations of chapter. E certain public places or facilities 69.51A.085 Collective gardens. w i —Additional penalty—Defenses 69.51A.130 State and municipalities—Not —Construction—Definitions. subject to liability. 69.50.445 Opening package of or 69.51A.210 Qualifying patients or ,T consuming marijuana,useable designated providers— marijuana,marijuana-infused Authorization—Health care products, or marijuana professional may include concentrates in view of general recommendations on amount of a public or public place—Penalty. marijuana. -°a 69.50.450 Butane or other explosive gases. 69.51A.240 Unlawful actions—Criminal Q 69.50.465 Conducting or maintaining penalty. marijuana club—Penalty. 69.51 A.260 Housing unit—No more than 69.50.475 Marijuana retail outlets—Sale to fifteen plants may be grown or U) persons under the age of twenty- located—Exception—Civil 0 one—Penalty. penalties. o 69.50.505 Seizure and forfeiture. c 69.50.506 Burden of proof; liabilities. 69.52.010 Legislative findings. 69.50.509 Search and seizure of controlled 69.52.020 Definitions. m substances. 69.52.030 Violations—Exceptions. 69.50.510 Search and seizure at rental 69.52.040 Seizure of contraband. 04 premises—Notification of 69.52.045 Seizure at rental premises— landlord. Notification of landlord. u, 69.50.560 Controlled purchase programs— 69.52.070 Violations—Juvenile driving w Persons under age twenty-one— privileges. Violation—Criminal penalty— Exceptions. 69.53.010 Unlawful use of building for drug purposes—Liability of c 69.51 A.005 Purpose and intent. owner or manager—Penalty. E 69.51A.010 Definitions. 69.53.020 Unlawful fortification of 01 69.51A.030 Acts not constituting crimes or building for drug purposes— v unprofessional conduct—Health Penalty. Y o� care professionals not subject to 69.53.030 Unlawful use of fortified m penalties or liabilities. building—Penalty. 69.51A.040 Compliance with chapter— o Qualifying patients and 69.55.010 Theft of ammonia. c designated providers not subject 69.55.020 Unlawful storage of ammonia. a to penalties—Law enforcement 69.55.030 Damages—Liability. -°a not subject to liability. 69.51 A.043 Failure to register—Affirmative 69.75.010 Definitions. defense. 69.75.020 Retail sales—Proof of age from c 69.51A.045 Possession of plants,marijuana purchaser—Unlawful acts, E concentrates,useable marijuana, exceptions—Penalties. c� a (Revised 5/21) 9-24.2n Packet Pg. 98 4.E.a Kent City Code 9.02.530 i 69.75.040 Construction of chapter. 70.42.180 Operating without a license— 69.75.050 Preemption. Injunctions or other remedies— Penalty. 69.90.010 Definitions. O 69.90.020 Sale of"kosher"and"kosher 70.54.010 Polluting water supply—Penalty. style"food products prohibited if 70.54.020 Furnishing impure water— not kosher—Representations— Penalty. a' Penalty. 70.54.030 Pollution of watershed of city in E (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3692, § 7, adjoining state—Penalty. w i 6-1-04; Ord. No. 4068, § 1, 1-15-13; Ord. No. 70.54.050 Exposing contagious disease— 4129, § 2, 11-18-14; Ord. No. 4195, § 1, 4-19-16; Penalty. Ord.No. 4389, § 7,2-2-21. Formerly 9.02.150) 70.54.065 Ambulances and drivers— ,d Penalty. 9.02.530 RCW Title 70,entitled"Public 70.54.070 Door of public buildings to Health and Safety"—Adoption by swing outward—Penalty. 0 reference. 70.54.080 Liability of person handling a The following RCW sections, as currently steamboat or steam boiler. -°a enacted or as hereafter amended or recodified from 70.54.090 Attachment of objects to utility Q time to time, are hereby adopted by reference and poles—Penalty. shall be given the same force and effect as if set 70.54.160 Public restrooms—Pay facilities forth herein in full: —Penalty. in RCW 70.54.350 Electrology and tattooing— 0 70.02.330 Obtaining confidential records Practitioners to comply with o under false pretenses—Penalty. rules—Penalty. c 70.54.400 Retail restroom access— 70.05.120 Violations—Remedies— Customers with medical m Penalties. conditions—Penalty. 04 M 70.24.022 Interviews, examination, 70.58.280 Penalty. counseling, or treatment of u, infected persons or persons 70.58A.590 Penalties. w believed to be infected— Dissemination of false 70.62.280 Violations—Penalty. information—Penalty. 70.24.025 Violations of health order— 70.74.010 Definitions. c Penalties. 70.74.022 License required to manufacture, E 70.24.027 Intentional transmission of HIV purchase, sell,use,possess, VI —Penalties. transport,or store explosives— V 70.24.080 Penalty. Penalty—Surrender of Y o� explosives by unlicensed person 01 70.28.033 Treatment, isolation, or —Other relief. examination order of health 70.74.160 Unlawful access to explosives. o officer—Violation—Penalty. 70.74.272 Malicious placement of an c imitation device—Penalties. a 70.41.170 Operating or maintaining 70.74.275 Intimidation or harassment with 13 unlicensed hospital or an explosive—Class C felony. unapproved tertiary health 70.74.295 Abandonment of explosives. service—Penalty. 70.74.300 Explosive containers to be c marked—Penalty. E z c� a 9-24.2o (Revised 5/21) Packet Pg. 99 4.E.a 9.02.530 Kent City Code i 70.74.310 Gas bombs,explosives, stink 70.95J.060 Violations—Punishment. bombs, etc. 70.74.400 Seizure and forfeiture. 70.97.140 Unlicensed operation—Criminal c penalty. O 70.75.040 Sale of nonstandard equipment as misdemeanor—Exceptions. 70.99.050 Violations—Penalties— Injunctions—Jurisdiction and a' 70.84.010 Declaration—Policy. venue—Fees and costs. E 70.84.060 Unauthorized use of white cane, w i dog guide, or service animal. 70.107.070 Rules relating to motor vehicles 70.84.070 Penalty for violations. —Violations—Penalty. L ! 70.85.010 Definitions. 70.108.130 Penalty. 70.85.020 Refusal to yield line—Penalty. 70.108.150 Firearms—Penalty. 70.85.030 Request for line on pretext of emergency—Penalty. 70.110.040 Compliance required. a 0 70.86.040 Penalty. 70.111.030 Unsafe cribs—Prohibition— Q Definition—Penalty. 70.87.145 Order to discontinue operation— Notice—Conditions—Contents 70.119.130 Violations—Penalties. in of order—Recision of order— 0 Violation—Penalty—Random 70.122.090 Criminal conduct—Penalties. o r inspections. c 70.87.180 Violations. 70.124.070 Failure to report is gross 0 misdemeanor. m 70.90.205 Criminal penalties. 70.127.020 Licenses required after July 1, 04 M 70.94.430 Penalties. 1990—Penalties. 70.95.240 Unlawful to dump or deposit 70.128.055 Operating without a license— w solid waste without permit— Misdemeanor. Penalties—Litter cleanup restitution payment. 70.138.070 Criminal penalties. c 70.95.515 Fee on the retail sale of new c replacement vehicle tires— 70.148.060 Disclosure of reports or E Failure to collect,pay to information—Penalty. vi department—Penalties. v 70.95.560 Waste tires—Violation of RCW 70.155.050 Sampling prohibited—Penalty. Y o� 70.95.555—Penalty. 70.155.080 Purchasing,possessing by m persons under eighteen—Civil 70.95B.140 Penalties for violations— infraction—Jurisdiction. 0 Injunctions. 70.155.140 Shipping or transporting tobacco c products ordered or purchased a 70.95D.100 Penalties. by mail or through the internet -0a prohibited—Penalty. Q m 70.951.040 Oil sellers—Education responsibility—Penalty. 70.158.060 Penalties—Application of c 70.95I.060 Disposal of used oil—Penalty. consumer protection act. E z c� a (Revised 5/21) 9-24.2p Packet Pg. 100 4.E.a Kent City Code 9.02.570 i 70.170.070 Penalties. shall be given the same force and effect as if set forth herein in full: c� 70.175.090 Participants authorized to RCW c contract—Penalty—Secretary 72.09.540 Inmate name change— 0 and state exempt from liability. Limitations on use—Penalty. (Ord. No. 4195, § 1,4-19-16) 70.185.080 Participants authorized to a' contract—Penalty—Secretary 9.02.560 Chapter 73.04 RCW,entitled E and state exempt from liability. "General provisions"—Adoption by w reference. 70.230.070 Denial, suspension, or The following RCW section, as currently revocation of license— enacted or as hereafter amended or recodified from ,T Investigating complaints— time to time, is hereby adopted by reference and Penalties. shall be given the same force and effect as if set forth herein in full: -0 70.345.030 License required—Must allow RCW a inspections—Sale of certain 73.04.020 Pension papers—Fees not to be -°a substances prohibited— charged—Penalty. Q Penalties. (Ord.No. 4195, § 1,4-19-16) 70.345.090 Mail and internet sales—License required—Age and identity 9.02.570 RCW Title 74,entitled"Public in verification—Penalties— Assistance"—Adoption by 0 Enforcement—Application of reference. o consumer protection act—Rules. The following RCW sections, as currently c 70.345.100 Product tastings—Requirements enacted or as hereafter amended or recodified from 'a —Penalty. time to time, are hereby adopted by reference and (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3954, § 3, shall be given the same force and effect as if set 5-18-10; Ord. No. 4195, § 1, 4-19-16; Ord. No. forth herein in full: M 4389, § 8,2-2-21. Formerly 9.02.160) RCW 74.04.060 Records, confidential— u, 9.02.540 RCW Title 71,entitled"Mental Exceptions—Penalty. w Illness"—Adoption by reference. 74.04.330 Annual reports by assistance The following RCW sections, as currently organizations—Penalty. enacted or as hereafter amended or recodified from 74.04.380 Federal and other surplus food c time to time, are hereby adopted by reference and commodities—Agreements— c shall be given the same force and effect as if set Personnel—Facilities— E forth herein in full: Cooperation with other agencies vi RCW —Discontinuance of program. v 71.05.680 Treatment records—Access 74.04.385 Unlawful practices relating to Y o� under false pretenses,penalty. surplus commodities—Penalty. 2 71.12.460 License to be obtained—Penalty. 74.08.331 Unlawful practices—Obtaining o (Ord.No. 4195, § 1,4-19-16) assistance—Disposal of realty— c Penalties. a 9.02.550 Chapter 72.09 RCW,entitled 74.08.582 Electronic benefit cards—Names -°a "Department of corrections"— of two or more persons. Adoption by reference. The following RCW section, as currently 74.09.270 Failure to maintain trust funds in c enacted or as hereafter amended or recodified from separate account—Penalties. E time to time, is hereby adopted by reference and c� a 9-24.2q (Revised 5/21) Packet Pg. 101 4.E.a 9.02.580 Kent City Code i 74.15.150 Penalty for operating without 9.02.590 RCW Title 80,entitled"Public license. Utilities"—Adoption by reference. The following RCW sections, as currently 74.20.060 Cooperation by person having enacted or as hereafter amended or recodified from O custody of child—Penalty. time to time, are hereby adopted by reference and 74.20.260 Financial statements by parent shall be given the same force and effect as if set whose absence is basis of forth herein in full: a' application for public assistance. RCW E 80.04.385 Penalties—Violations by w i 74.34.020 Definitions. officers, agents,and employees 74.34.021 Vulnerable adult—Definition. of public service companies. 74.34.035 Reports—Mandated and 80.04.390 Penalties—Violations by ,d permissive—Contents— persons. Confidentiality. 74.34.040 Reports—Contents—Identity 80.08.120 Penalty against individuals. confidential. a 74.34.050 Immunity from liability. 80.24.050 Penalty for failure to pay fees— -°a 74.34.053 Failure to report—False reports— Disposition of fines and Q Penalties. penalties. 74.34.145 Protection of vulnerable adults— Notice of criminal penalties for 80.28.190 Gas companies—Certificate— U) violation—Enforcement under Violations—Commission 0 RCW 26.50.110. powers—Penalty—Fees. o (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, c 4-19-16. Formerly 9.02.170) 80.50.150 Enforcement of compliance— Penalties. m 9.02.580 RCW Title 78,entitled"Mines, (Ord.No. 4195, § 1,4-19-16) Minerals, and Petroleum"— M Adoption by reference. 9.02.600 RCW Title 81,entitled The following RCW sections, as currently "Transportation"—Adoption by x enacted or as hereafter amended or recodified from reference. w time to time, are hereby adopted by reference and The following RCW sections, as currently shall be given the same force and effect as if set enacted or as hereafter amended or recodified from forth herein in full: time to time, are hereby adopted by reference and c RCW shall be given the same force and effect as if set c 78.04.050 Penalty for violations under forth herein in full: E RCW 78.04.040. RCW 0i 81.04.385 Penalties—Violations by v 78.12.061 Safety cage in mining shaft— officers,agents, and employees Y o� Regulations. of public service companies and m persons or entities acting as 78.44.260 Operating without permit— public service companies. o Penalty. 81.04.390 Penalties—Violations by c persons. a 78.52.550 Violations—Penalty. Q 81.08.120 Penalty against individual. 78.60.290 Violations—Penalty. (Ord.No. 4195, § 1,4-19-16) 81.24.080 Penalty for failure to pay fees— c Disposition of fees and penalties. E z U c� a (Revised 5/21) 9-24.2r Packet Pg. 102 4.E.a Kent City Code 9.02.630 i 81.29.040 Penalty for violations. 9.02.610 Chapter 88.02 RCW, entitled "Vessel registration"—Adoption by 81.40.060 Purchase of apparel by reference. employees—Penalty. The following RCW sections, as currently O 81.40.080 Employee shelters—Penalty. enacted or as hereafter amended or recodified from 81.40.130 Cost of records or medical time to time, are hereby adopted by reference and examinations—Unlawful to shall be given the same force and effect as if set require employee or applicant to forth herein in full: E pay—Penalty—Definitions. RCW w i 88.02.350 Refunds,overpayments, and 81.44.085 First aid kits and drinking water underpayments—Penalty for —Penalty. false statement. ,d 88.02.360 Contaminated vessels. 81.48.020 Obstructing or delaying train— 88.02.380 Penalties—Disposition of Penalty. moneys collected—Enforcement 81.48.060 Penalty for violation of duty authority. a endangering safety. 88.02.400 Evasive registration and excise -°a tax evasion—Penalty. Q 81.54.030 Reimbursement of inspection 88.02.740 Vessel dealer license required— cost. Penalty. (Ord. No. 4195, § 1,4-19-16) in 81.68.010 Definitions. 0 81.68.015 Application of chapter restricted. 9.02.620 RCW Title 90,entitled"Water o 81.68.020 Compliance with chapter Rights—Environment"—Adoption c required. by reference. M 81.68.080 Penalty. The following RCW sections, as currently 6 enacted or as hereafter amended or recodified from 81.77.020 Compliance with chapter time to time, are hereby adopted by reference and M 04 required—Exemption for cities. shall be given the same force and effect as if set 81.77.090 Penalty. forth herein in full: u, (Ord.No. 4195, § 1,4-19-16) RCW w 90.36.050 Penalty— 1901 c 121. 9.02.605 RCW Title 82,entitled"Excise Tax" —Adoption by reference. 90.44.120 Penalty for waste or c The following RCW sections, as currently unauthorized use of water. c enacted or as hereafter amended or recodified from E time to time, are hereby adopted by reference and 90.58.220 General penalty. 01 shall be given the same force and effect as if set (Ord.No. 4195, § 1,4-19-16) v forth herein in full: Y o� RCW 9.02.630 Obstructing public officers. m 82.12.040 Retailers to collect tax—Penalty. A. A person is guilty of obstructing a public officer if,with knowledge that the person is a pub- o 82.26.190 Distributors and retailers—Valid lic officer,he or she: c license required—Violations— 1. Intentionally and physically interferes with a Penalties. a public officer; -°a (Ord.No. 4389, § 9,2-2-21) 2. Intentionally hinders or delays a public officer by disobeying an order to stop given by such officer; c m E z U c� a 9-24.2s (Revised 5/21) Packet Pg. 103 4.E.a 9.02.640 Kent City Code i 3. Intentionally refuses to cease an activity or ing similar actions for the purpose of inducing behavior that creates a risk of injury to any person another person into giving goods, services,money, when ordered to do so by a public officer; signatures, or any other item, tangible or intangi- c 4. Intentionally destroys, conceals, or alters ble, sought by the solicitor. O or attempts to destroy, conceal, or alter any mate- 2. Lawful authority includes but is not limited rial that he or she knows the public officer is to oral permission, or a permit or license when attempting to obtain, secure, or preserve during an issued by a person or entity with authority to issue m investigation, search, or arrest; the permission,permit, or license, or a court order E 5. Intentionally refuses to leave the scene of or authorization issued by a court of proper juris- w i an investigation of a crime while an investigation is diction. in progress after being requested to leave by a pub- 3. Obstruct pedestrian or vehicular traffic lic officer; or means to walk, stand, sit, lie, grasp a person, or ,d 6. Intentionally hinders or delays a public place an object in such a manner as to block pas- officer in the discharge of his or her official duties sage by another person or a vehicle, or to require by making any untrue or misleading statement, another person or a driver of a vehicle to take eva- report, or identification. sive action to avoid physical contact,and shall also a B. No person shall be convicted of violating include action which is intended to prohibit or -°a this section if the judge determines with respect to delay vehicular or pedestrian traffic from entering Q the person charged with violating this section that a public or private place; provided, that an act the public officer is not acting lawfully in a govern- which is specifically authorized by a state or fed- mental function. eral court with jurisdiction and which has been U) C. For purposes of this section, a public officer determined by the court to be a valid exercise of 0 means those individuals responsible for the one's right to picket or legally protest shall not con- o enforcement of the provisions of the Kent City stitute obstruction of pedestrian or vehicular traf- c Code and empowered to make arrests or issue cita- fic. T tions for violations under the code or those individ- 4. Public place means an area generally visi- uals responsible for the enforcement of the ble to public view and includes alleys, bridges, criminal laws of the state. buildings, driveways, parking lots, parks, plazas, M D. Obstructing a public officer is a gross misde- sidewalks, and streets open to the general public, meanor. including places that serve food or drink or provide u, (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, entertainment, and the doorways and entrances to w 4-19-16. Formerly 9.02.180) buildings or dwellings and the grounds enclosing them. 9.02.640 Disorderly conduct. 5. Solicit means to request, petition, or seek A. A person is guilty of disorderly conduct if he something from another person, or persons, or c or she: business or businesses, by words, physical ges- 1. Uses abusive language and thereby inten- tures, or written or symbolic signs or displays in a 01 tionally creates a risk of assault; public place. v 2. Intentionally disrupts any lawful assembly C. Disorderly conduct is a misdemeanor. Y o� or meeting of persons without lawful authority; (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4071, § 1, m 3. Intentionally obstructs pedestrian or vehic- 2-19-13; Ord. No. 4146, § 1, 4-21-15; Ord. No. ular traffic without lawful authority; or 4195, § 1,4-19-16. Formerly 9.02.190) o 4. Aggressively solicits in a public place. c B. The following definitions shall apply in this 9.02.650 Prohibited conduct on transit a section: property and transit vehicles. Q 1. Aggressively solicit means to solicit and A. Definitions. As used in this section, the fol- engage in conduct that would likely intimidate a lowing definitions shall apply: reasonable person, including touching, following, 1. Public transportation services means pro- c persistently soliciting after being refused, using viding, at scheduled times and places,transit vehi- E E violent or threatening language or gestures,or tak- cles to carry members of the public from one c� a (Revised 5/21) 9-24.2t Packet Pg. 104 4.E.a Kent City Code 9.02.650 i location to another upon public highways or other roads, or upon any railway used for light rail or interurban passenger service provided by a c regional transit authority authorized by Chapter 0 81.112 RCW, as currently enacted or hereafter amended; provided, this definition shall not include activities related to the transporting of a' members of the public by other public or private E railroad entities, such as Amtrak. w i 2. Transit center means any location within the city of Kent, such as bus stations and train or light rail stations, that serves as a hub or transfer ,d point for transit vehicles, enabling passengers to connect with different transit routes. 3. Transit property shall mean all facilities, structures, lands, interest in lands, air rights over a lands, and rights-of-way of all kinds that are -°a owned,leased,held,or used within the city of Kent Q by a public or private agency or municipal corpo- ration for purposes of providing or directly sup- porting public transportation services, including, in but not limited to, park and ride lots or parking 0 structures for passengers; transit centers; desig- nated bus,trolley,light rail,or train stops and wait- c ing areas; and transit vehicle maintenance or storage facilities. 4. Transit vehicle means every motor vehicle, bus,trolley, streetcar,train,light rail train,or other04 M vehicle owned or operated by a public or private entity that provides public transportation services x within the city of Kent; provided this definition w shall not include taxicabs or"for-hire"vehicles as those vehicles are defined under the Kent City Code. c c �a L O V V Y O CL O Q d E M V Q 9-24.2t(l) (Revised 5/21) Packet Pg. 105 4.E.a Kent City Code i m c c L O V L E W i V L d NNd LPL O Q U) w- O This page left intentionally blank. O r a O m 0 M N M N K W C R N v a m C E L 0 i U U Y rn m r H O c O r O Q m r c m E t v .r a (Revised 5/21) 9-24.2t(2) Packet Pg. 106 4.E.a Kent City Code 9.02.650 i B. Misdemeanor offenses on transit property been obtained and when said facilities are not in and transit vehicles.The following actions are pro- use for transit purposes;provided further, drinking hibited in, on, or against all transit properties and by passengers is not prohibited with respect to tran- transit vehicles. A person who commits one of the sit vehicles that have been commercially chartered O following acts is guilty of a misdemeanor: for group use and that have obtained any required 1. Smoking or carrying a lighted or smolder- permits to serve alcohol; ing pipe, cigar, or cigarette while in a transit vehi- 9. Dumping any materials whatsoever on cle; transit property,including but not limited to chem- E 2. Discarding litter other than in designated icals and automotive fluids; w i receptacles; 10. Throwing an object at transit property or 0) 3. Playing a radio, tape recorder, audible at any person in transit property; game device, or any other sound-producing equip- 11. Failing to present a valid,unexpired pass, ,d ment, except when the equipment is connected to transfer, or ticket or otherwise failing to pay the W earphones that limit the sound to the individual lis- appropriate fare as required; tener, with knowledge that this conduct is prohib- 12. Possessing an unissued transfer or tender- as ited. However, the use of communication devices ing an unissued transfer as proof of fare payment; a in the line of duty by city of Kent employees,tran- 13. Falsely representing oneself as eligible -°a sit agency or county employees, or police, fire, or for a special or reduced fare or obtaining any per- Q other public safety officers is permitted, as is the mit or pass related to the transit system by making 2 use of private communication devices used to sum- a false representation; mon, notify, or communicate with other individu- 14. Falsely claiming to be a transit operator or in als(such as"beepers"or portable telephones); other transit employee; or through words, actions, 0 4. Spitting, expectorating, urinating, or defe- and/or the use of clothes, insignia, or equipment o cating, except in restroom facilities; resembling department-issued uniforms and equip- c 5. Carrying flammable liquids, flammable or ment,intentionally creating a false impression that cc nonflammable explosives,acid,or any other article he or she is a transit operator or other transit 6 or material of a type or in a manner that is likely to employee; cause harm to others. However, cigarette, cigar, or 15. Engaging in gambling or any game of M 04 pipe lighters, firearms, weapons, and ammunition chance for the winning of money or anything of may be carried if in a form or manner that is not value; and x otherwise prohibited by law or ordinance; 16. Discharging a laser-emitting device on a w 6. Intentionally obstructing or impeding the transit vehicle,directing such a device from a tran- flow of transit vehicle or passenger movement, sit vehicle toward any other moving vehicle, or intentionally hindering or preventing access to directing such a device toward any transit operator c transit property, intentionally causing unreason- or passenger. c able delays in boarding or exiting, intentionally C. Infractions. The following actions are pro- T reclining or occupying more than one seat, or in hibited in, on, or against all transit properties and vi any way intentionally interfering with the provi- transit vehicles. A person who commits one of the v sion or use of transit services; following acts in, on, or in relation to transit prop- Y rn 7. Unreasonably disturbing others by engag- erty is guilty of a civil infraction to which Chapter 01 ing in loud, raucous, unruly, harmful, abusive, or 7.80 RCW applies: harassing behavior; 1. Allowing any animal to occupy a seat on o 8. Drinking an alcoholic beverage or possess- transit property, to run at large without a leash, to c ing an open container of an alcoholic beverage by unreasonably disturb others,or to obstruct the flow a a passenger in a transit vehicle,or in public areas of of passenger or bus traffic; but animals may -°a transit properties during hours when those areas are occupy a passenger's lap while in a transit vehicle open to the public;provided,possessing and drink- or in a transit property; provided, dogs that have ing an alcoholic beverage is not prohibited on tran- been declared dangerous shall not be allowed on c sit property if authorized as part of a scheduled transit vehicles or transit property; E E special event for which all required permits have c� a 9-24.2u (Revised 11/16) Packet Pg. 107 4.E.a 9.02.660 Kent City Code i 2. Allowing his or her animal to leave waste 14. Parking a vehicle in a designated passen- on transit property or in a transit vehicle; ger parking area on transit property for more than 3. Rollerskating, rollerblading, or skate- 72 consecutive hours; c boarding; 15. Using transit property for residential O 4. Riding a bicycle, motorcycle, or other parking or unauthorized commercial parking pur- vehicle except for the purpose of entering or leav- poses; ing passenger facilities on roadways designed for 16. Unless authorized, cleaning or perform- m that use. Bicycles must be walked at all times and ing nonemergency repairs to a vehicle parked on E may not be transported on escalators. However, transit property; and w i nothing in this section shall be construed to apply 17. Conducting driver training on transit to commissioned peace officers or city employees property. engaged in authorized activities in the course of (Ord.No. 3877, § 2,4-1-08; Ord.No.4195, § 1,4- ,d their employment; 19-16. Formerly 9.02.192) 5. Eating or drinking on transit vehicles,or in any area of transit property that has been posted as 9.02.660 Possession of graffiti tools. prohibiting eating or drinking; A. It shall be unlawful for any person to possess a 6. Bringing onto a transit passenger vehicle graffiti tools. -°a any package or other object which blocks an aisle B. A person possesses graffiti tools when they Q or stairway or occupies a seat if to do so would, in possess any paint,marking pen, glass-cutting tool, W the vehicle operator's sole discretion, cause a dan- glass-etching tool, materials, instruments, or any ger to passengers or displace passengers or other item adapted, designed, or commonly used in expected passengers; for committing or facilitating the commission of an 0 7. Operating,stopping,standing,or parking a offense involving damaging, defacing, or destroy- o vehicle in any roadway or location restricted for ing public or private property,and they possess the c use only by transit vehicles or otherwise restricted; item under circumstances evincing an intent to use 8. Riding transit vehicles for the purpose of or employ, or allow the same to be used or sleeping, or using benches,floors,or other areas in employed,in the commission of such an offense,or transit facilities for the purpose of sleeping rather under circumstances evincing an intent that some04 than for their intended transportation-related pur- other person will use or employ the thing possessed poses; in the commission of such offense. u, 9. Camping in or on transit property; storing C. Defacing as used in subsection (B) of this w personal property on benches,floors,or other areas section shall include,but not be limited to,the writ- of transit property; ing, painting, inscribing, drawing, scratching, cut- 10. Entering upon or crossing a road or rail ting, etching, or scribbling upon any wall or tracks used by transit vehicles, except in marked surface owned, operated, or maintained by any c crosswalks or at the direction of transit employees property owner or the city unless the city or the E or public safety personnel; property owner grants written permission for such vi 11. Intentionally extending an objector a por- writing, painting, inscribing, drawing, scratching, v tion of one's body through the door or window of cutting, etching, or scribbling. Y rn a transit vehicle while it is in motion; D. The unlawful possession of graffiti tools is a m 12. Intentionally hanging or swinging on bars misdemeanor. or stanchions,with feet off the floor,inside a transit (Ord.No.4005, § 1, 10-18-11;Ord.No. 4195, § 1, o vehicle or on other transit property; intentionally 4-19-16. Formerly 9.02.193) c hanging onto or otherwise attaching oneself at any a time to the exterior of a transit vehicle or other tran- -°a sit property; Q m 13. Engaging in any sports on transit property without permission; c m E z c� a (Revised 11/16) 9-24.2v Packet Pg. 108 4.E.a Kent City Code 9.02.690 i 9.02.670 Tampering or interfering with the adjacent thereto, such as sounds from musical property of another prohibited— instruments, audio sound systems, band sessions, Penalty. or social gatherings. c A. A person commits the offense of tampering e. The creating of frequent, repetitive, or O or interfering with the property of another if,with- continuous sounds made by any animal, such as out privilege,permission,or license to do so,he or barking or howling, except that such sounds made she intentionally tampers or interferes with the in animal shelters, commercial kennels,veterinary m property of another. hospitals,pet shops, or pet kennels licensed under E B. For the purposes of this section, the terms and in compliance with Chapter 8.03 KCC shall be w i tampers and interferes include,but are not limited exempt from this provision. to: f. Sound from portable audio equipment, 1. Discarding items belonging to another; such as tape players,radios,and compact disc play- ,d 2. Withholding the property of another; or ers,operated at a volume so as to be audible greater W 3. Placing of a substance, such as a bodily than 50 feet from the source, and if not operated fluid or bodily waste, food products, food waste or upon the real property of the operator. This provi- D food containers,dying or dead vegetation,trash,or sion shall not apply to such sounds emitted from a other object, upon the property of another thereby scheduled events or activities at parks and recre- -°a creating the need for an expenditure of effort,time, ational facilities such as public address systems for Q money,or other activity in order to return the prop- park or game events or concerts or similar park or 2 erty to its previous condition. recreation activities. C. Tampering or interfering with the property g. The creation of frequent, repetitive, or in of another is a misdemeanor. continuous sounds made in connection with out- 0 (Ord. No. 3836, § 1, 4-17-07; Ord. No. 4195, § 1, door construction or the movement of construction o 4-19-16. Formerly 9.02.195) related materials, including noise made by devices c capable of producing sound by either striking or a 9.02.680 Public disturbance. cutting objects, such as hammers, saws, or other A. A person is guilty of public disturbance if he equipment with internal combustion engines; pro- or she: vided,however, such sounds shall be exempt from M 04 1. Causes a public disturbance or is in posses- the provisions of this code under the following cir- sion or control of property on which a public dis- cumstances: N turbance occurs. A public disturbance includes the i. During the hours of 7:00 a.m. through w following sounds that unreasonably disturb or 8:00 p.m.,Monday through Sunday; or interfere with the peace, comfort, and repose of a ii. In commercial areas not adjacent to reasonable person of ordinary sensitivities: residential areas. c a. The frequent, repetitive, or continuous B. The foregoing enumeration of acts and c sounding of any horn or siren attached to a motor noises shall not be construed as excluding other E vehicle, except when used as a warning of danger acts and noises which offend the public peace. vi or as specifically permitted or required by law. C. Public disturbance is a misdemeanor. v b. The creation of frequent, repetitive, or (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4072, § 1, Y o� continuous sounds in connection with the starting, 2-19-13; Ord. No. 4195, § 1, 4-19-16. Formerly 2 operating, repairing, rebuilding, or testing of any 9.02.200) motor vehicle,motorcycle,off-highway vehicle,or o internal combustion engine within a residential dis- 9.02.690 Disruption of public facilities. c trict. A. A person is guilty of disruption of a public a c. Yelling, shouting, hooting, whistling, or facility if he or she enters or remains in a public -°a singing on or near the public streets, between the facility and: Q m hours of 10:00 p.m. and 7:00 a.m. 1. Intentionally interferes with the proper d. The creation of frequent, repetitive, or functioning of the public facility by causing a sub- c continuous sounds which emanate from any build- stantial disruption of the public facility or the activ- E ing, structure, apartment, condominium, or yard ities occurring at the public facility; or U c� a 9-24.2w (Revised 11/16) Packet Pg. 109 4.E.a 9.02.700 Kent City Code i 2. Intentionally interferes with the use of the 3. Commits a crime against a person as set public facility by other members of the public and forth in this chapter, including, but not limited to, such interference is caused while the person is assault in the fourth degree and provoking assault, c using the public facility in a manner other than that while attending or in conjunction with a public O for which the public facility was intended. event; or B. As used in this section,the term public facil- 4. Commits a felony while attending or in ity shall include,but not be limited to,the facilities conjunction with a public event; m commonly referred to as the Kent Commons, the may be ordered removed from the property on E Kent Resource Center, the Kent Senior Activity which the event is held by any person(s) having w i Center, the Riverbend Golf Complex, the Kent lawful authority over the event or by a law enforce- Library,Kent City Hall,the Centennial Center,the ment officer. Such an order may prohibit the per- Kent Municipal Court,the Kent Corrections Facil- son from returning to the property on which the ,d ity, the ShoWare Center located at 625 W. James event is held for the duration of the event if there is o: Street, and any other building, structure, equip- cause to believe that further violations would occur ment,and adjoining grounds and appurtenances of if the person were allowed to return. Such order city,county, state,and federal government offices. shall apply to event areas both on and off public a C. A violation of this section is a misdemeanor. streets and public places. Any violation of such an -°a (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3910, § 1, order lawfully issued shall constitute criminal tres- Q 2-17-09; Ord. No. 4195, § 1, 4-19-16. Formerly pass pursuant to Chapter 9A.52 RCW. 9.02.210) (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 4-19-16. Formerly 9.02.220) in 9.02.700 Public events—Criminal activity. 0 A. Interference with public events. No person 9.02.710 Public facility—Illegal activity— o shall physically interfere with any public event Exclusion. c activity in a manner which:(1)disrupts the activity A. The city council finds that, from time to T to the extent it makes it difficult for the activity to time,the right of the general public to enjoy public continue; or (2) causes viewers or participants facilities provided by the city is infringed upon by (including vendors) to be distracted to the extent persons who engage in disruptive,unsafe,or other- M 04 the viewing of or the participation in the activity is wise prohibited activity at the public facilities.This obstructed,restrained,or inhibited.For purposes of behavior is often engaged in by a comparatively x this section, activity shall include any parade,per- small number of repeat offenders. The city council w formance, processing, race, game, exhibition, or further finds that the right of persons who engage similar activity that is conducted on a public street in such activities to remain at or frequent public 4) or public place and is an official part of a public facilities is outweighed by the right of law-abiding event. The term public event shall mean any citizens to use such facilities without the interfer- c event(s) sponsored or cosponsored by, in conjunc- ence or fear of the illegal activity of others. E tion with, or endorsed by any public, quasi-public, B. Whenever a police officer has probable vi or civic entity for the benefit of the public. cause to believe that a person has committed any v B. Violation/penalty. Any violation of subsec- act set forth in subsection(F) of this section on or Y o� tion (A) of this section shall constitute a misde- at any public facility as described in subsection(G) m meanor. of this section, the officer may, by written order, C. Criminal trespass.Any person who: exclude that person from entering the public facil- o 1. Violates this section of the Kent City Code; ity where the act was committed;provided,further, c 2. Commits any offense against public peace that if the public facility where the act was commit- a as set forth in this chapter, including, but not lim- ted is part of a public facility assemblage as -°a ited to,indecent exposure,urinating in public,pub- described in subsection(H)of this section,the offi- lic disturbance, disorderly conduct, and failure to cer may,by written order,exclude that person from disperse, while attending or in conjunction with a entering all public facilities within that assem- c public event; blage. E z c� a (Revised 11/16) 9-24.2x Packet Pg. 110 4.E.a Kent City Code 9.02.710 i C. If the offender: E. The person subject to the exclusion notice 1. Has not been issued an exclusion notice shall have the right to a hearing to seek the modifi- within one year prior to the violation or the current cation or rescission of the exclusion. For the pur- S violation is not a felony violation, a weapon viola- poses of exclusion modification or rescission O tion, or a violation involving an act of violence or hearings,the city's hearing officer shall be the city threat of violence,then the officer may exclude the of Kent's director of parks,recreation,and commu- offender from the public facility or public facility nity services or his/her designee,or the person act- assemblage in which the current violation occurred ing in the position of the director or designee in E for a period of 45 days from the date of the exclu- his/her absence. w i sion notice. 1. A request for hearing shall be in writing 0) 2. Has been issued an exclusion notice within and shall be accompanied by a copy of the exclu- the one year prior to the current violation or the sion notice for which the hearing is sought. The ,d current violation is a felony violation, a weapon request shall contain the address of the offender, violation, or a violation involving an act of vio- and it shall be the responsibility of the offender to lence or threat of violence, then the officer may notify the hearing officer of any change of address. 0 exclude the offender from the public facility or The hearing shall occur and a decision be rendered a public facility assemblage in which the current vio- within 10 business days after the city's hearing -°a lation occurred for a period of 90 days from the officer receives the request for hearing. Notice of Q date of the exclusion notice. the hearing shall be effective upon the third busi- 3. Has been issued two or more exclusion ness day after placement of the notice in the mail to notices from the same public facility or public the address provided by the offender. in facility assemblage in which the current violation 2. The parties to the hearing shall be the city 0 has occurred within the one year prior to the cur- and the offender. At the hearing,the violation that o rent violation, then the officer may exclude the forms the basis for the exclusion notice must be c offender from the public facility or public facility proved by a preponderance of the evidence in order assemblage in which the current violation occurred to uphold the exclusion. The offender need not be for a period of 364 days from the date of the exclu- charged with a crime or civil infraction in a court CD sion notice. of law, and need not be convicted or found to have M 04 4. Has been issued two or more exclusion committed the alleged violation in a court of law notices within the one year prior to the current vio- for the exclusion to be upheld. The city's hearing x lation and, in combination, the current violation officer shall consider the exclusion notice and a w and those prior violations did not occur at the same sworn report or a declaration made under penalty public facility or within the same public facility of perjury as authorized by RCW 9A.72.085,writ- (D assemblage, or if the offender has been issued one ten by the police officer who issued the exclusion c exclusion notice based on a felony violation, a notice, without further evidentiary foundation. c weapon violation,or a violation involving an act of Both the city and the offender may submit physical violence or threat of violence within the one year or written evidence,or call witnesses to testify.The vi prior to the current violation, then the officer may city's hearing officer may consider information v exclude the offender from all public facilities for a and evidence that would not be admissible in a Y o� period of 364 days from the date of the exclusion court of law under the evidence rules but which the m notice. hearing officer considers relevant and trustworthy. D. The exclusion notice shall be in writing and Each party shall be responsible for securing the o shall contain the date of issuance, shall specify the attendance of any witnesses it intends to call to tes- c duration and location of exclusion, and shall be tify. a signed by the issuing officer.A warning of the con- 3. If the violation is proved, the exclusion -°a sequences for failure to comply with the exclusion notice shall be upheld; however, upon good cause notice,as well as procedures for seeking review of shown, the city's hearing officer may shorten the the exclusion, shall be contained within the exclu- duration of the exclusion. If the violation is not c sion notice. proved by a preponderance of the evidence the E city's hearing officer shall rescind the exclusion.If U c� a 9-24.2y (Revised 11/16) Packet Pg. 111 4.E.a 9.02.710 Kent City Code i an exclusion is rescinded,it shall not be considered G. For the purpose of this section, a public a prior exclusion for the purposes of subsection(C) facility consists of the buildings, structures, and of this section. equipment, and the adjoining grounds, appurte- c 4. The decision of the city's hearing officer is nances, and parking areas of any of the following O final. An offender seeking judicial review of a when located within the city of Kent: decision of the city's hearing officer shall file an 1. Any building maintained or operated by appeal or an application for a writ of review in the the city of Kent,King County,or the state of Wash- a' King County superior court within 14 days of the ington. E date of the decision. 2. Any park maintained by the city of Kent, w i 5. The exclusion shall remain effective King County,or the state of Washington. during the pendency of any administrative or judi- 3. Any recreational area maintained by the cial proceeding. city of Kent,King County,or the state of Washing- ,d 6. The determination of the city's hearing ton, including but not limited to any skateboard officer shall not have any collateral estoppel effect park,the Kent Commons,the Kent Senior Activity on a subsequent criminal prosecution or civil pro- Center, the Kent Resource Center, the Riverbend ceeding and shall not preclude litigation of those Golf Complex, the Green River Trail, the Green a same facts in a subsequent criminal prosecution or River Natural Resources Area, and the Interurban -°a civil proceeding. Trail. Q F. An act which may result in the issuance of a 4. The city's ShoWare Center, located at 625 written order excluding a person from a public W. James Street. facility or public facility assemblage may consist 5. The bodies of water known as Lake Merid- in of any of the following when committed on or at a ian and Lake Fenwick and associated boat ramps 0 public facility: and areas of ingress and egress. o 1. Any act that qualifies as a felony crime; 6. Any public school maintained by the city c 2. Any act that qualifies as a gross misde- of Kent,the Kent School District,King County,or meanor or misdemeanor crime, excluding all traf- the state of Washington. fic offenses except for violations of RCW 7. The watershed areas owned and operated 46.61.500, 46.61.502, 46.61.503, 46.61.504, and by the city of Kent, including Armstrong Springs, 04 46.61.525; Clark Springs, and Kent Springs. 3. Any act that qualifies as a violation of 8. Any public library or pool maintained by x RCW 66.44.100 or 69.50.445; the city of Kent,King County,or the state of Wash- w 4. Any act that qualifies as a violation of: ington. a. KCC 4.01.020 Same — Damaging prop- H. For the purpose of this section, a public erty. facility assemblage consists of a group of public c b. KCC 4.01.030 Same—Animals. facilities so related to one another geographically c c. KCC 4.01.040 Same — Discharging that exclusion from one public facility within the E weapons, fireworks. group would be ineffective without exclusion from i d. KCC 4.01.080 Prohibited activities — the other or others in the same group. A violation v Speed limits,vehicles, and horses. occurring at any public facility within a public Y o� e. KCC 4.01.100 Same—Littering. facility assemblage shall be deemed to have m f. KCC 4.01.120 Same—Fires. occurred within the public facility assemblage. g. KCC 4.01.130 Same—Alcoholic bever- Public facility assemblages include the following: o ages. 1. Downtown public facility assemblage, c h. KCC 4.01.140 Same—Golf. consisting of Town Square Plaza, Burlington a i. KCC 4.01.150 Use of facilities. Green/Yangzhou Park, Kaibara Park, Kherson -°a j. KCC 4.01.160 Hours. Park, Mill Creek Canyon Earthworks Park, a m k. KCC 4.01.190 Sales of refreshments. Rosebed Park, Titus Railroad Park, Uplands Play- 1. KCC 4.01.210 Traffic regulations. field, and the Kent Library. c 5. Any act that qualifies as a violation of E KCC 9.02.840,Urinating in public. c� a (Revised 11/16) 9-24.2z Packet Pg. 112 4.E.a Kent City Code 9.02.740 i I. The violation of an exclusion notice is a mis- C. A person who violates this section shall be demeanor. guilty of a gross misdemeanor. (Ord. No. 3955, § 2, 5-18-10; Ord. No. 4076, § 1, (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, 3-19-13; Ord. No. 4195, § 1, 4-19-16. Formerly 4-19-16. Formerly 9.02.240) O 9.02.230) 9.02.730 Damage,theft, abandonment,or 9.02.720 Escape. improper use of an electronic home m A. A person is guilty of escape if: detention or monitoring device. E 1. Without lawful authority, he or she inten- A. A person is guilty of damage, theft, aban- w i tionally removes himself or herself from the cus- donment, or improper use of an electronic home 0) tody of a court, police officer, detention facility, detention or monitoring device if: registered location where work is performed pursu- 1. The person intentionally causes damage to ,d ant to work release,or registered location where he any component of the electronic home detention or or she is serving any portion of jail time on elec- monitoring device; tronic home monitoring or detention; or 2. The person exerts unauthorized control as 2. He or she fails to return himself or herself over an electronic home detention or monitoring a to the custody of the court,police officer,or deten- device; -°a tion facility following temporary leave lawfully 3. The person abandons the electronic home Q granted by a court or Kent corrections. detention or monitoring device; or B. For the purposes of this section, custody 4. The person fails to return the electronic means: home detention or monitoring device to Kent cor- in 1. Restraint by a police officer pursuant to a rections or its lawful owner within 24 hours of 0 lawful arrest for an offense; or interrupting or terminating the proper use of the o 2. Restraint pursuant to an order of a court, device. c including: B. For the purposes of this section, the term 'a T a. The detention of a person pursuant to a damage shall have the same meaning as damages court issued arrest warrant; as that term is defined in RCW 9A.48.010. b. A verbal or written order to detain a per- C. For the purposes of this section, the phrase M son during a court appearance; exerts unauthorized control shall be defined as it is c. The detention of a person pending and in RCW 9A.56.010. x during trial; D. A person who violates this section shall be w d. Detention of a person pending sentenc- guilty of a gross misdemeanor. ing or pursuant to a sentence of a court; (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, e. Detention of a person pursuant to the 4-19-16. Formerly 9.02.250) revocation of a period of a sentence initially sus- c pended by a court; 9.02.740 Vehicle trespass prohibited— E f. Detention of a person pursuant to an elec- Penalty. 01 tronic home monitoring or electronic home deten- A. A person is guilty of vehicle trespass if he or v tion program, regardless of the location that the she knowingly enters or remains unlawfully in a Y o� person who is in custody is registered or required vehicle belonging to another. m to be; B. As used in this section: g. Detention of a person pursuant to a work 1. The word enter shall include the entrance o release or work crew program, regardless of the of the person, or the insertion of any part of his or c location that the person who is in custody has listed her body, or any instrument or weapon held in his a or registered as the location of their work; or or her hand. -°a h. Detention of a person pursuant to a day 2. A person enters or remains unlawfully in reporting program, regardless of the location that or upon a vehicle when he or she is not licensed, the person who is in custody has listed or registered invited, or otherwise privileged to so enter or c as the location that he or she reports to. remain. E z U c� a 9-24.2aa (Revised 11/16) Packet Pg. 113 4.E.a 9.02.750 Kent City Code i C. Vehicle trespass is a misdemeanor. D. Child means a person under 18 years of age. (Ord. No. 3835, § 1, 4-17-07; Ord. No. 4195, § 1, E. Dependent person means a person who, 4-19-16. Formerly 9.02.265) because of physical or mental disability or because of advanced age,is dependent upon another person O 9.02.750 Neglect of a child or dependent to provide the basic necessities of life. A resident person. of a nursing home as defined in RCW 18.51.010, a A. A person is guilty of the crime of neglect of resident of an adult family home as defined in m a child or dependent person if the person is a parent RCW 70.128.010, and a frail, elderly, or vulnera- E of a child,a person entrusted with the physical cus- ble adult as defined in RCW 74.34.020(13) is pre- w i tody of a child or other dependent person,or a per- sumed to be a dependent person for purposes of son employed to provide to the child or dependent this section. person any of the basic necessities of life,and with F. For the purposes of this section,bodily injury ,d criminal negligence,the person: means physical pain,injury, illness, or impairment 1. Withholds any of the basic necessities of of physical condition that is more than minor or life; or transient. 2. Maintains living conditions that place the G. Neglect of a child or dependent person is a a child or dependent person at a significant risk of gross misdemeanor. -°a disease, illness, or bodilyinjury; or (Ord. No. 3621 § 2 10-1-02. Ord. No. 4195 § 1 Q J rY> 3. Supervises the child or dependent person 4-19-16. Formerly 9.02.270) and: "r a. As a result of such supervision,the child 9.02.760 Offenses against police dogs. in or dependent person suffers bodily injury; or No person shall willfully or maliciously tor- 0 b. The supervision creates a substantial risk ment,beat,kick, or strike any dog owned or being o that the child or dependent person will suffer used by the police department in the performance c bodily injury; or of its official duties.No person shall willfully hin- 4. Fails to supervise the child or dependent der, delay, or obstruct any dog used by a law person and: enforcement officer in discharging or attempting to a. As a result of such failure, the child or discharge his official duties. Any person violating M dependent person suffers bodily injury; or the provisions of this section shall be guilty of a 04 b. Such failure creates a substantial risk misdemeanor. u, that the child or dependent person will suffer (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, w bodily injury. 4-19-16. Formerly 9.02.280) B. In any prosecution for neglect of a child or dependent person, it shall be a defense that the 9.02.770 Provoking assault. c withholding of the basic necessities of life or the Every person who shall, by word, sign, or ges- c maintenance of living conditions that place the ture, willfully provoke or attempt to provoke E child or dependent person at a significant risk of another person to commit an assault or breach of Vi disease, illness, or bodily injury is due to financial the peace shall be guilty of a misdemeanor. v inability only if the person charged has made a rea- (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, Y o� sonable effort to obtain adequate assistance. This 4-19-16. Formerly 9.02.290) m defense is available to a person employed to pro- vide the basic necessities of life only when the 9.02.780 Menacing. o agreed-upon payment has not been made. A person is guilty of the crime of menacing c C. A person is criminally negligent or acts with when he or she intentionally follows or surveils a criminal negligence when he or she fails to be another person and/or engages in a course of con- 13 aware of a substantial risk that a wrongful act may duct that is intended to place a person in reasonable occur and his or her failure to be aware of such sub- fear of"bodily injury" as that phrase is defined in stantial risk constitutes a gross deviation from the RCW 9A.04.110. c standard of care that a reasonable person would E exercise in the same situation. U c� a (Revised 11/16) 9-24.2bb Packet Pg. 114 4.E.a Kent City Code 9.02.800 i A. Follows, as used in this section, means buildings open to the general public, including deliberately maintaining visual observation and/or those which serve food or drink or provide enter- physical proximity of a specific person or persons tainment or sell product, and the windows, door- over a continuous period of time. ways and entrances to buildings or dwellings and O B. Violation of this section is a misdemeanor, the grounds enclosing them, and structures from the maximum penalty of which is 90 days in jail which customers can be served through a drive-up and a$1,000 fine. or walk-up window,door,or other means,whether a' (Ord.No.4087, § 1,9-3-13; Ord.No.4107, § 1,3- or not access is restricted according to age. E 18-14; Ord. No. 4195, § 1, 4-19-16. Formerly F. Public place provided or set apart for nudity w i 9.02.293.) means an enclosed public restroom, an enclosed W functional shower or locker room facility, an 9.02.790 Definitions. enclosed sauna, a motel room or hotel room ,d The following words and phrases, wherever designed and intended for sleeping accommoda- W used in KCC 9.02.800, 9.02.810, 9.02.820 and tions,the location of a bona fide private club whose 9.02.830,shall have the meanings ascribed to them membership as a whole engages in social nudism as in this section except where otherwise defined and or naturalism (a nudist resort or camp), and any a unless the context shall clearly indicate to the con- similar public places in which nudity is necessarily -°a trary: and customarily expected outside of the home. Q A. Expressive conduct means any dance,opera, G. Sexual conduct shall mean "sexual inter- musical, dramatic work,or other exhibition or per- course" or "sexual contact" as defined in RCW formance, whether or not part of an organized or 9A.44.010 as currently enacted or later amended or in formal event that constitutes protected speech recodified. 0 under the federal or state constitution. H. Walking or otherwise conducting oneself in o B. Known prostitute, a person known to patron- a sexual manner shall mean the swaying of hips, c ize prostitutes, or a person known to advance pros- drawing attention to one's buttocks, legs, or cc titution means a person who within one year breasts, grabbing oneself in the genitals or breasts, 6 previous to the date of arrest for violation of this blowing kisses, or using one's body or any part section has, within the knowledge of the arresting thereof to simulate sexual conduct. M 04 officer, been convicted of an offense of prostitu- (Ord. No. 4102, § 1, 1-21-14; Ord. No. 4107, § 2, tion,patronizing a prostitute,prostitution loitering, 3-18-14; Ord. No. 4195, § 1, 4-19-16. Formerly x permitting prostitution, or promoting prostitution 9.02.295) w whether or not such conviction occurs under the Revised Code of Washington or comparable laws 9.02.800 Lewd conduct. of municipalities in the state of Washington. A. A person is guilty of lewd conduct if, in a C. Patronizing a prostitute shall have the same public place and under circumstances where such c meaning as set forth in RCW 9A.88.110 as now conduct is likely to be observed by a member of the enacted or later amended or recodified. public,the person intentionally: 1 D. Prostitution means to engage or agree or 1. Exposes any of his or her body parts with- v offer to engage in sexual conduct for a fee,reward, out a full and opaque covering: Y o� exchange of any item or service, or promise, but a. Any part of the male or female genitals, m does not include sexual conduct engaged in as part pubic hair, pubic area, perineum, anus, or bottom of any stage performance,play,or other lawful and one-half of the anal cleft; o properly licensed entertainment open to the public. b. Any part of the areola or nipple of the c E. Public place means an area generally visible female breast; or a to public view including streets, sidewalks, c. More than one-half of the part of the 13 bridges, alleys, plazas, parks, driveways, parking female breast located below the top of the areola; lots,automobiles(whether moving or not)and any 2. Exposes the male genitals in a discernibly place in which the general public has a right to be turgid state, even if fully and opaquely covered; c present or view, whether or not conditioned upon 3. Touches, caresses, or fondles the genitals E payment of a fee,and includes,but is not limited to, or female breast, whether clothed or unclothed c� a 9-24.2cc (Revised 11/16) Packet Pg. 115 4.E.a 9.02.810 Kent City Code i with the intention of sexual arousal of one's self or 9.02.820 Prostitution loitering. others; A. A person is guilty of prostitution loitering if 4. Masturbates; or he or she intentionally solicits, induces, entices, or 5. Engages in sexual intercourse or sexual procures another to commit the crime of prostitu- O contact as those terms are defined in Chapter 9A.44 tion or patronizing a prostitute. RCW. B. Among the circumstances which may be B. Body paint,body dye,tattoos, latex,tape, or considered in determining whether the actor inten- any similar substance applied to the skin surface, tionally solicits, induces, entices, or procures E any substance that can be washed off the skin, or another to commit the crime of prostitution or w i any substance designed to simulate or by which by patronizing a prostitute are that he or she: its nature simulates the appearance of the anatomi- 1. Repeatedly beckons to, stops, or attempts cal area beneath it, is not full and opaque covering to stop passersby, or engages passersby in conver- ,d within the meaning of this section. sation; C. This section shall not be construed to pro- 2. Repeatedly stops or attempts to stop occu- hibit: pants of a motor vehicle or motorcycle by hailing, 1. The act of breastfeeding or expressing waving,or beckoning to the occupants using words a breast milk; or conduct, or attempts to obtain the attention of -°a 2. Classes, seminars, and lectures held for the occupants by walking or otherwise conducting Q serious scientific or educational purposes; oneself in a sexual manner; 3. Expressive conduct that is not obscene, 3. Circles or repeatedly returns to an area and subject to the time, place, and manner restrictions repeatedly beckons to,contacts,or attempts to stop U) contained in Chapter 5.10 KCC or other law; pedestrians; 0 4. Conduct of licensed adult entertainers 4. Circles or repeatedly returns to an area o within adult entertainment dance studios operating known by the police as an area of prostitution; c pursuant to Chapter 5.10 KCC; 5. Is a known prostitute, a person known to T 5. Conduct of licensed employees working in patronize prostitutes, or a person known to pro- adult businesses operating pursuant to Chapter mote,permit, or advance prostitution; 5.10 KCC,provided the conduct is not exposed to 6. Inquires whether another is a police offi- M 04 a person under 18 years of age; or cer, searches for articles that would identify a 6. Conduct of a child under 10 years of age. police officer, or exposes his or her genitals or her x D. Lewd conduct is a misdemeanor. breasts, or requests the other to touch his or her w (Ord. No. 4102, § 1, 1-21-14; Ord. No. 4107, § 2, genitals or her breasts to prove that the other is not 3-18-14; Ord. No. 4195, § 1, 4-19-16. Formerly a police officer; or 9.02.296) 7. Utilizes Internet websites, publications or social media including but not limited to Back- c 9.02.810 Facilitating lewd conduct. page.com, Craigslist.com, or the Stranger to E The owner, lessee, manager, operator, or other solicit, induce, entice, or procure another to com- vi person in charge of a public place is guilty of facil- mit the crime of prostitution or patronizing a pros- v itating lewd conduct if the person knowingly per- titute. Y o� mits, encourages, or causes to be committed lewd C. The crime of prostitution loitering may be m conduct as defined in KCC 9.02.800. Facilitating deemed to have been committed either at the phys- lewd conduct is a misdemeanor. ical location where the loitering occurred or at the o (Ord. No. 4102, § 1, 1-21-14; Ord. No. 4107, § 2, location where the person agrees to meet someone c 3-18-14; Ord. No. 4195, § 1, 4-19-16. Formerly they solicit for acts of prostitution as defined in a 9.02.297) Chapter 9A.88 RCW. -°a D. Prostitution loitering is a misdemeanor. (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3715, § 1, 10-5-04; Ord. No. 4102, § 2, 1-21-14; Ord. No. c 4195, § 1,4-19-16. Formerly 9.02.300) E z c� a (Revised 11/16) 9-24.2dd Packet Pg. 116 4.E.a Kent City Code 9.02.830 i 9.02.830 Stay out of areas of prostitution known as Kent-Des Moines Road), including all orders. adjacent businesses. A. Findings. The high risk prostitution areas set 2. 30th Avenue South from South 240th S forth in subsection(E)of this section are frequented Street to State Route 516(also known as Kent-Des O by persons who seek out or provide prostitution ser- Moines Road),including all adjacent businesses. vices. These high risk prostitution areas attract 3. South 240th Street from the 2700 block prostitutes,persons who patronize prostitutes, and through the 3200 block, including all adjacent m those who promote prostitution. Many of these businesses. E areas extend beyond the jurisdiction of the city of 4. Central Avenue North/84th Avenue South w i Kent,and the problem is present in the surrounding from Novak Lane to South 222nd Street,including cities of Federal Way, Des Moines, SeaTac, Tuk- all adjacent businesses. wila, and Renton. These surrounding cities have 5. 83rd Avenue South from South 228th ,d enacted similar ordinances as a tool to combat the Street to South 224th Street, including all adjacent prostitution problem.Due to the volume of persons businesses. involved in the prostitution trade, adjacent private F. A person is deemed to have notice of the property owners suffer economic loss due to trash, SOAP order when: a human waste,and lost business.Community mem- 1. The signature of the person named in the -°a bers suffer from traffic congestion and an increased order, or the signature of his or her attorney, is Q risk to public health and safety.The high risk pros- affixed to the bottom of the order, signifying that 2 titution areas set forth in subsection(E)of this sec- he or she has read the order and has knowledge of tion suffer a much higher incidence of prostitution- the contents of the order; or in related crimes than other areas of the city. 2. The order recites that the person named in 0 B. Stay out of areas of prostitution orders,here- the order or the person's attorney appeared in per- o inafter known as"SOAP"orders,may be issued by son before the court. c the Kent municipal court to anyone charged with G. The written SOAP order shall contain the cc prostitution, permitting prostitution, prostitution court's directives and shall bear the legend: "Vio- 6 loitering, or patronizing a prostitute under this lation of this order is a criminal offense under Ch. chapter or Chapter 9A.88 RCW as a condition of 9.02 KCC and will subject the violator to arrest." M 04 pretrial release. H. Whenever a SOAP order is issued under this C. SOAP orders may be issued by the Kent section, and the person named in the order knows x municipal court to anyone convicted of prostitu- of the order, a violation of the provisions of the w tion, permitting prostitution,prostitution loitering, order is a misdemeanor and shall be punishable by or patronizing a prostitute under this chapter or a fine of not more than$1,000 or imprisonment for Chapter 9A.88 RCW as a condition of probation. not more than 90 days, or both such fine and c D. Whenever a police officer shall have proba- imprisonment. c ble cause to believe that a person has received a I. Pursuant to Section l(1)(b) of Engrossed E SOAP order as a condition of pretrial release or of Substitute House Bill 1362(Laws of 2009,ch. 387 vi probation and in the officer's presence is seen vio- § 1), the high risk prostitution areas identified in v lating or failing to comply with any requirement or subsection (E) of this section are the areas where Y rn restriction imposed by the court as a condition of vehicles are subject to impoundment for a sus- m such pretrial release or probation,such officer may pected violation of patronizing a prostitute, pro- arrest the violator without warrant or other process moting prostitution in the first degree, promoting o for violation of the SOAP order and bring such per- prostitution in the second degree,promoting travel c son before the court issuing the order. for prostitution, commercial sexual abuse of a a E. The SOAP order shall warn the person minor, promoting commercial sexual abuse of a 13 named in the order to stay out of the following minor, or promoting travel for commercial sexual "high risk prostitution areas": abuse of a minor.These high risk prostitution areas 1. Pacific Highway South from the south side c of South 272nd Street to State Route 516 (also E z U c� a 9-24.2ee (Revised 6/22) Packet Pg. 117 4.E.a 9.02.840 Kent City Code i shall be identified by the placement of clear and the court of not more than one year, or by a fine in conspicuous signs. an amount fixed by the court of not more than (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3920, § 1, $5,000,or by both such imprisonment and fine. 6-16-09; Ord. No. 4102, § 2, 1-21-14; Ord. No. (Ord. No. 3716, § 1, 10-5-04; Ord. No. 4195, § 1, O 4195, § 1,4-19-16. Formerly 9.02.310) 4-19-16. Formerly 9.02.335) c m 9.02.840 Urinating in public. 9.02.870 Sale,manufacture,possession of a' A. A person is guilty of urinating in public if the certain weapons. E person intentionally urinates or defecates in a pub- Any person who sells,manufactures,purchases, w i lic place, other than a washroom or toilet room, possesses,or carries: under circumstances where such act could be 1. Any device commonly known as nunchuka observed by any member of the public. sticks, consisting of two or more lengths of wood, 4! B. Any violation of the provisions of this sec- metal,plastic, or similar substance connected with o: tion shall be an infraction,and any person found in wire,rope,or other means; or violation shall be subject to a penalty not to exceed 2. Any device commonly known as throwing $250.00. stars, which are multipointed, metal objects a (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, designed to embed upon impact from any aspect in -°a 4-19-16. Formerly 9.02.320) a manner, under circumstances, and at a time and Q place that either manifests an intent to intimidate 9.02.850 Possession of drug paraphernalia. another or that warrants alarm for the safety of Repealed by Ord. No. 4412. other persons; in (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, is guilty of a gross misdemeanor. 0 4-19-16. Formerly 9.02.330) (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, o 4-19-16. Formerly 9.02.340) c 9.02.860 Contaminated property—Order of Seattle-King County department of 9.02.880 Possession of firearms or dangerous public health prohibiting use or weapons at Kent Commons— entry—Violation. Unlawful. 04 M A. Whenever an order is issued pursuant to A. Subject to the exceptions set forth in subsec- RCW 64.44.030,as that law is now enacted or later tions (B) and(C) of this section, it shall be unlaw- x amended or recodified,which restrains a person or ful for any person to possess a firearm; a dagger, w the public from entering upon or using property, sword, or knife with a blade in excess of three and that order is posted in a conspicuous place on inches; or any other weapon apparently capable of the property, a violation of the provisions restrain- producing bodily harm, inside of the premises c ing use or entry shall be a gross misdemeanor pun- known as the Kent Commons located at 525 North c ishable by imprisonment in jail for a maximum Fourth Avenue in the city of Kent. E term fixed by the court of not more than one year, B. The prohibition to possession of a firearm vi or by a fine in an amount fixed by the court of not shall not apply to a person licensed to carry a con- v more than $5,000, or by both such imprisonment cealed weapon pursuant to RCW 9.41.070 or a per- Y o� and fine. son exempted from the licensing requirement by m B. Whenever an order is issued pursuant to RCW 9.41.060. RCW 64.44.030,as that law is now enacted or later C. This section shall not apply during shows, o amended or recodified,which restrains a person or demonstrations, or lectures involving the exhibi- c the public from entering upon or using property, tion of firearms or other weapons. a and that order is posted in a conspicuous place on D. For the purposes of this section, firearm -°a the property,the removal or damage of such order means a weapon or device from which a projectile shall be a gross misdemeanor punishable by or projectiles may be fired by an explosive such as imprisonment in jail for a maximum term fixed by gunpowder. c m E z U c� a (Revised 6/22) 9-24.2ff Packet Pg. 118 4.E.a Kent City Code 9.02.900 i E. This section shall only apply to those areas erty owner or person acting under his or her author- of the Kent Commons that are within the Kent ity in providing protection against the commission Commons building or that are contained to an area of a felony. adjacent to the building by a temporary barrier (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, O during use for an event hosted by the Kent Corn- 4-19-16. Formerly 9.02.360) c mons. F. A person who violates this section shall be 9.02.900 Hobby cannon fuse material—Sale m guilty of a misdemeanor. transaction—Written record E (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, required. w i 4-19-16. Formerly 9.02.350) A. Every gun store, gun dealer, or gun show doing business in the city shall maintain a written 9.02.890 Nonincendiary devices. record of any sale or exchange of fuse material ,d A. For the purposes of this chapter,a nonincen- used for the purpose of detonating hobby cannons. diary device shall include, without limitation, any This record shall be in English and shall be written stink bomb, stink paint, tear bomb, tear shell, or electronically stored in an easily obtainable explosive, or flame-producing device, acid bomb, manner. The following information must be docu- a dry ice bomb, or any other device,material, chem- mented for each sale or exchange transaction: -°a ical, or substance, that, when exploded, opened, 1. The signature of the person with whom the Q used, or otherwise deployed does or will annoy, transaction is made; injure, endanger, or inconvenience any person or 2. The date and time of the transaction; persons. 3. The name of the person or employee or the in B. Any person who shall: (1) deposit, leave, identification number of the person or employee 0 place, spray, scatter, spread, throw, or otherwise conducting the transaction; o deploy in any building or any place; (2) counsel, 4. The name, date of birth, sex, address, and c aid, assist, encourage, incite, or direct any other telephone number of the person with whom the person or persons to deposit, leave, place, spray, transaction is made; scatter, spread, throw, or otherwise deploy in any 5. The type of identification, including iden- CD building or any place;(3)have in his or her posses- tifying number,used by the person with whom the M 04 sion for the purpose of depositing,leaving,placing, transaction was made; and spraying,scattering,spreading,throwing,or other- 6. The amount of cannon fuse purchased. x wise deploying in any building or any place; (4) B. The type of identification relied upon for the w counsels, aids, assists, encourages, incites, or sale or exchange must consist of: directs any other person or persons to deposit, 1. A valid driver's license or identification leave,place,spray,scatter,spread,throw,or other- card issued by any state; or wise deploy in any building or any place; any non- 2. Two pieces of identification issued by a c incendiary device shall be guilty of a gross misde- governmental agency, one of which shall be � meanor. descriptive of the person identified. VI C. Anyone who enhances any nonincendiary At all times,at least one piece of current govern- v device by adding, either internally or externally, mental identification will be required. Y o� any additional material that would create greater C. This record shall at all times during the ordi- m damage by becoming fragmentation or shrapnel nary hours of business, or at reasonable times if will be subject to a mandatory minimum penalty of ordinary hours of business are not kept,be open for o 90 days in jail that cannot be served on work inspection by any commissioned law enforcement c release or electronic home monitoring. officer. The person or entity who conducted the a D. This section shall not apply to persons in the sale or exchange shall maintain these records for at -°a military service or commissioned law enforcement least three years following the date of the transac- officers actually engaged in the performance of his tion. or her duty or training or in the course of any train- (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, c ing acting pursuant to orders from competent 4-19-16. Formerly 9.02.370) E authority, nor shall this section apply to any prop- U c� a 9-24.2gg (Revised 11/16) Packet Pg. 119 4.E.a 9.02.910 Kent City Code i 9.02.910 Violation of no contact order also 9.02.940 Violations—Penalty. contempt. Unless otherwise provided in this chapter,viola- The violation of any order issued by the Kent tion of any provision of this chapter shall be pun- c municipal court pursuant to Chapter 10.99 RCW ishable by: O shall also constitute contempt of court, and is sub- 1. Gross misdemeanor. Every person con- j ect to the penalties prescribed by law. victed of a gross misdemeanor shall be punished by (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, imprisonment in jail for a maximum term fixed by a' 4-19-16. Formerly 9.02.380) the court of not more than one year, or by a fine in E an amount fixed by the court of not more than w i 9.02.920 Probation violations. $5,000,or by both such imprisonment and fine. A. For purposes of this section,the word proba- 2. Misdemeanor.Every person convicted of a tioner means any person who, after conviction of misdemeanor shall be punished by imprisonment ,d violation of an ordinance of the city or a law of the in jail for a maximum term fixed by the court of not state, or after entry of a deferred prosecution, has more than 90 days,or by a fine in an amount fixed been placed on probation in connection with a sus- by the court of not more than $1,000, or by both pended sentence, deferred sentence, or deferred such imprisonment and fine. a prosecution by either a district court, municipal (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, -°a court, or superior court. 4-19-16. Formerly 9.02.410) Q B. Whenever a police officer shall have proba- ble cause to believe that a probationer,prior to the termination of his probation,is in such police offs- in cer's presence and is violating or failing to comply 0 with any requirement or restriction imposed by the o court as a condition of such probation, the police c officer may cause the probationer to be brought before the court wherein sentence was deferred or m suspended and,for such purpose,the police officer may arrest such probationer without warrant or M other process. (Ord. No. 3621, § 2, 10-1-02; Ord. No. 3737, § 1, x 4-5-05; Ord. No. 4195, § 1, 4-19-16. Formerly w 9.02.390) ca W 9.02.930 Court costs—Jail medical costs. c A. In addition to the penalties set forth in KCC c 9.02.940, costs in all criminal actions may be E imposed as authorized by law or court rule. vi B. As part of any judgment and sentence, the v court may order a defendant to repay all or part of Y o� the medical costs incurred by the city or any medi- cal care provider during confinement of the defen- dant.Any costs not paid by a defendant that are due o and owing shall be collected by the court in the c same manner that other costs are collected. a (Ord. No. 3621, § 2, 10-1-02; Ord. No. 4195, § 1, -°a 4-19-16. Formerly 9.02.400) a m c m E z c� a (Revised 11/16) 9-24.2hh Packet Pg. 120 4.E.a Kent City Code 9.03.050 i Chapter 9.03 direct, and shall be widely distributed to the news media within this area. c� REWARDS FOR INFORMATION (Ord. No. 2568, § 1. Formerly Code 1986, S LEADING TO ARREST* § 2.31.040) 0 Sections: 9.03.050 Certain persons ineligible. 9.03.010 Reward established. The officers and employees of the city, mem- 9.03.020 Reward eligibility. bers of their immediate families and their kindred E 9.03.030 Payment from general fund. to the fourth degree are excluded from application w 9.03.040 Postingof notice of reward. of the provisions of this chapter. as 9.03.050 Certain persons ineligible. (Ord. No. 2568, § 1. Formerly Code 1986, § 2.31.050) a! *Cross reference(s)—Damaging parks and recreation prop- m erty,§4.01.020. 9.03.010 Reward established. In the public interest, a standing reward in the c sum up to five hundred dollars ($500) is hereby Q established for information leading to the arrest and prosecution of the person responsible for each act of damage to and/or destruction of any city in property. (Ord. No. 2568, § 1. Formerly Code 1986, r_ § 2.31.010) 2 a 0 9.03.020 Reward eligibility. In order to be eligible for a reward pursuant to KCC 9.03.010, the individual furnishing such c information must testify or be willing to testify at N N any hearing or trial held to determine the guilt or liability of the person or persons alleged to be x responsible for each act of damage to, and/or w destruction of, city property. The testimony shall be as to facts and circumstances known to the indi- vidual and furnished to the city. (Ord. No. 2568, § 1. Formerly Code 1986, �a § 2.31.020) 0` c� i 9.03.030 Payment from general fund. Y Reward payment shall be charged against the o� general fund upon certification from the city 2 administrator upon consultation with the city attor- ney and affected department. 0 c (Ord. No. 2568, § 1. Formerly Code 1986, 0 § 2.31.030) 0 Q 9.03.040 Posting of notice of reward. The offer of reward, established by this chapter, }; shall be posted in conspicuous public places throughout the city as the city administrator shall E c� Q 9-24.3 (Revised 3/20) Packet Pg. 121 4.E.a 9.04.010 Kent City Code i Chapter 9.04 tified persons to provide reflexology who fail to follow state health and licensing requirements,and MASSAGE AND REFLEXOLOGY do not have the proper training required to obtain a SERVICES state license or certification. In addition, these O businesses that employ unlicensed or uncertified Sections: persons to provide massage and reflexology can be 9.04.010 Purpose. used to facilitate the commission of various crimi- a' 9.04.020 Definitions. nal acts, including but not limited to prostitution. E 9.04.030 References to Revised Code of These businesses that permit unlicensed or uncerti- w Washington and Washington g g feed persons to perform massage and reflexology or � Administrative Code. permit the commission of unlawful acts threaten 9.04.040 Owner, director,manager—Proof. the business and reputation of legitimate and ,d 9.04.050 Exemptions—Limitations—Name or licensed businesses and practitioners,and present a structure of business. threat to the public health,safety,and welfare.This 9.04.060 Inspections. chapter is intended to inhibit the ability of an indi- 9.04.070 Massage practitioner or reflexologist— vidual or businesses to engage in the practice of a License or certificate required— providing unlicensed massage and reflexology, -°a Violation. and support the legitimate provision of these ser- Q 9.04.080 Massage practitioner or reflexologist— vices by licensed massage practitioners and reflex- Owner, director,manager, or other ologists. person in charge to ensure valid (Ord.No. 4156, § 1, 6-16-15) in license or certificate—Violation. o 9.04.090 Display of massage practitioner or 9.04.020 Definitions. o reflexologist license or certificate For purposes of this chapter, the terms and c required—Violation. phrases below shall have the meanings that follow: 9.04.100 Receipt of massage or reflexology A. Advertise includes, but is not limited to, services from unlicensed massage signs located at a massage business or reflexology practitioner or reflexologist— business; signs located in places other than at a M Unlawful. massage business or reflexology business; adver- 9.04.110 Minors practicing massage or tisements on vehicles; advertisements in paper x reflexology—Responsibility of owner, media such as newspapers, magazines, fliers, w director,manager, or other person in cards,or business cards;or advertisements in elec- charge—Receipt of massage or tronic media such as Internet websites, social reflexology services from minor media, electronic classified advertisements, cell unlawful. phone applications, and television or radio adver- c 9.04.120 Advertising. tisements. E 9.04.125 Practice requirements and limitations B. Breast massage shall have the same meaning vi —Responsibility of owner, director, as set forth in WAC 246-830-005(7). v manager, or other person in charge. C. Certified reflexologist, massage business 9.04.130 Violations—Penal , Y h' massage,massage practitioner,massage therapist, m massage therapy, reflexology, and reflexology 9.04.010 Purpose. business shall have the meanings set forth in RCW o The Kent city council recognizes the health and 18.108.010. 0 wellness benefits of massage and reflexology, and D. Conspicuously display shall mean the dis- a that massage and reflexology businesses in the city play of licenses and certificates in a manner that -°a of Kent serve a legitimate and beneficial purpose in can be viewed and read by a person immediately a the community. The council also recognizes that upon entry into the initial common area of a mas- there are some businesses that hold themselves out sage business or reflexology business without hav- c as massage or reflexology businesses, but employ ing to request to see the license or certification. E unlicensed persons to provide massage and uncer- c� a (Revised 3/20) 9-24.4 Packet Pg. 122 4.E.a Kent City Code 9.04.040 i E. Gross misdemeanor and misdemeanor shall 4. The person is in control or partial control have the same meaning as set forth in RCW of when, how, or how much those who provide 9A.20.021. massage or reflexology services work or are paid, F. License, certificate and certification mean a or whether those who provide massage or reflexol- O license, certificate or certification issued pursuant ogy services are employees or contractors retained to Chapter 18.108 RCW. to provide services on behalf of the business; G. Refeexologist means a person who practices 5. The person is listed as a registered agent of reflexology. the business; E H. Represent himself or herself as a massage 6. The person is listed as a "governing per- w practitioner shall have the same meaning as set son" by the Washington State Business Licensing M forth in RCW 18.108.030(1)(b). Service; I. Represent himselfor herselfas a reflexologist 7. The person is an applicant or is listed as an ,d shall have the same meaning as set forth in RCW owner on a city or state business license or license 18.108.030(2)(b). application; J. Violation shall mean a conviction after trial, 8. The person receives income from the busi- D a plea of guilty or a finding of guilt after an Alford ness that is dependent on revenue generated by a plea, Newton plea, or plea of no contest or nolo another person providing massage or reflexology Q contendere, or the entry of a deferred sentence, services on behalf of or at the business; N deferred prosecution, or stipulated order of contin- 9. The person has signed a lease or rental uance. agreement for property at which the business is (Ord. No. 4156, § 1, 6-16-15; Ord. No. 4353, § 1, operated or is responsible for lease or rent pay- in 1-21-20) ments; 0 10. The person has signed for a loan on behalf o 9.04.030 References to Revised Code of of the massage or reflexology business; c Washington and Washington 11. The person is financially responsible for 'a cc Administrative Code. the massage business or reflexology business utili- 6 References in this chapter to chapters or specific ties or services such as water, electricity, garbage, sections or subsections of the Revised Code of sewer, telephone, Internet, cable television, secu- M 04 Washington, or to chapters or specific sections or rity,cleaning,maintenance, or accounting; subsections of the Washington Administrative 12. The person pays taxes on behalf of the x Code,shall include the chapter and sections or sub- business; or w sections as currently enacted and as amended or 13. The person is responsible for ensuring the recodified in the future. business is properly supplied with resources neces- (Ord. No. 4156, § 1, 6-16-15; Ord. No. 4353, § 2, sary to carry out the work of the business or main- 1-21-20) tain the business. c B. The presence of any of the circumstances 9.04.040 Owner,director, manager—Proof. described in subsection(A)of this section shall be vi A. For purposes of this chapter, whether a per- sufficient to establish that a person is the owner, v son is an owner,director,manager,or other person director, manager, or other person in charge of a Y o� in charge of a massage business or reflexology massage business or reflexology business. The cir- 01 business may be established from evidence such cumstances described in subsection(A)of this sec- as,but not limited to: tion are not exclusive and other evidence may o 1. The person holds himself or herself out as demonstrate a person is an owner, director, man- c an owner, director, manager, or some other like ager, or other person in charge of a massage busi- a title evidencing control over business decisions; ness or reflexology business. -°a 2. The person is responsible for the general (Ord.No. 4156, § 1, 6-16-15) a m business decisions of the business; 3. The person is considered by those who pro- c vide massage or reflexology services as an owner, E director,manager, or other person in charge; U c� a 9-24.4a (Revised 3/20) Packet Pg. 123 4.E.a 9.04.050 Kent City Code i 9.04.050 Exemptions—Limitations—Name 1. Compliance with the requirement that or structure of business. licenses and certifications are conspicuously dis- A. This chapter shall not apply to the following: played and valid; c 1. Activities set forth in RCW 18.108.050 2. That those providing massage or reflexol- O when performed as provided in that statute; or ogy services are validly licensed and of proper age; 2. Massage or reflexology that is not pro- and vided in exchange for a fee,property,or other con- 3. Compliance with the advertising require- sideration. ments of KCC 9.04.120. E B. The exemptions set forth in subsection (A) B. Inspections shall be limited to times when w i of this section shall not apply to any person who the massage or reflexology business is open. practices or represents himself or herself as a mas- C. Inspections shall be limited to the common sage practitioner or who practices reflexology or areas of the massage or reflexology business. This ,d represents himself or herself as a reflexologist and section shall not authorize entry or inspection of who advertises for the massage or reflexology ser- rooms in which massage or reflexology is provided vices, to any business that advertises for massage and which are separated from the common area of 0 or reflexology services, or to any person who pro- the massage business or reflexology business a vides massage or reflexology services at a business absent consent, a warrant, or other lawful basis. -°a that advertises for such services. D. This section shall not be interpreted as limit- Q C. The exemptions set forth in subsection (A) ing the use by law enforcement of any lawful of this section shall not apply to any person who investigatory techniques. obtains massage or reflexology services from a (Ord.No. 4156, § 1, 6-16-15) in person who advertises for the massage or reflexol- 0 ogy services, from a business that advertises for 0 massage or reflexology services, or from any per- 0 son who provides massage or reflexology services at a business that advertises for such services. m D. The fact that a person or business that pro- vides massage or reflexology services describes or04 M advertises such services by a name other than mas- sage or reflexology shall not exempt that person or x business from this chapter. w E. In the event the services provided fall within ca the definition of massage or reflexology, the man- W ner in which a business is incorporated or struc- c tured shall be of no consequence in determining if c a business provides massage or reflexology ser- vices. i F. A club or cooperative arrangement in which v a person pays a fee to become a member of the club Y rn or cooperative,and as a result of such membership, m he or she obtains massage or reflexology services, shall be considered a massage business or reflexol- 0 ogy business. c (Ord.No. 4156, § 1, 6-16-15) 0. 0 9.04.060 Inspections. A. Law enforcement personnel shall have the authority to inspect the premises of any massage c business or reflexology business in order to ensure: E z U c� a (Revised 3/20) 9-24.4b Packet Pg. 124 4.E.a Kent City Code 9.04.090 i 9.04.070 Massage practitioner or D. A person with an unissued license or certifi- reflexologist—License or certificate cate, or whose license or certificate is expired, required—Violation. revoked,or suspended,shall not be considered val- c A. It shall be unlawful for any person to prac- idly licensed or certified. O tice massage or represent himself or herself as a E. For the purposes of this section,the failure of massage practitioner in the city of Kent without a the owner, director, manager, or other person in valid and current massage practitioner's license. charge of a massage business or reflexology busi- B. It shall be unlawful for any person to prac- ness to confirm the validity of a massage license or E tice reflexology or represent himself or herself as a reflexology certificate through the Washington w i reflexologist in the city of Kent without a valid and Department of Health shall constitute criminal 0) current massage practitioner's license or certificate negligence. in reflexology. (Ord.No. 4156, § 1, 6-16-15) C. An unissued license or certificate, or an o: expired, revoked, or suspended license or certifi- 9.04.090 Display of massage practitioner or cate, shall not be considered a valid license or cer- reflexologist license or certificate 0 tificate. required—Violation. a (Ord.No. 4156, § 1, 6-16-15) A. At any massage business or reflexology -°a business, a copy of the valid and current license of N 9.04.080 Massage practitioner or each person who practices massage or represents reflexologist—Owner, director, himself or herself as a massage practitioner at or on R .. manager,or other person in charge behalf of the massage business or reflexology busi- in 4_ to ensure valid license or certificate ness, and the valid and current massage practi- c —Violation. tioner's license or reflexology certificate of each o A. It shall be the responsibility of any owner, person who practices reflexology or represents c director, manager, or other person in charge of a himself or herself as a reflexologist at or on behalf massage business or reflexology business in the of the massage business or reflexology business, city of Kent to ensure that each person who prac- shall be conspicuously displayed and shall be made tices massage, or represents himself or herself as a available to persons receiving massage or reflexol- M 04 massage practitioner, is validly and currently ogy services or to law enforcement for inspection licensed, and to ensure that each person who prac- upon request. x tices reflexology or represents himself or herself as B. It shall be unlawful for any owner, director, w a reflexologist is validly and currently licensed as manager, or other person in charge of a massage a massage practitioner or certified as a reflexolo- business or reflexology business to fail to conspic- gist. uously display the valid and current massage prac- c B. It shall be unlawful for any owner, director, titioner's license of each person who practices c manager, or other person in charge of a massage massage or represents himself or herself as a mas- business or reflexology business to facilitate or, sage practitioner at or on behalf of the massage vi with knowledge or criminal negligence, permit a business or reflexology business. v person who does not have a valid and current mas- C. It shall be unlawful for any owner, director, Y o� sage practitioner's license to practice massage or manager, or other person in charge of a massage m represent himself or herself as a massage practi- business or reflexology business to fail to conspic- P tioner. uously display the valid and current massage prac- o C. It shall be unlawful for any owner, director, titioner's license or certificate to practice c manager, or other person in charge of a massage reflexology of each person who practices reflexol- a business or reflexology business to facilitate or, ogy or represents himself or herself as a reflexolo- -°a with knowledge or criminal negligence, permit a gist at or on behalf of the massage business or person who does not have a valid and current mas- reflexology business. sage practitioner's license or who is not a certified D. Each person who practices massage or rep- c reflexologist to practice reflexology or represent resents himself or herself as a massage practitioner, E himself or herself as a reflexologist. and each person who practices reflexology or rep- U c� a 9-24.5 (Revised 7/15) Packet Pg. 125 4.E.a 9.04.100 Kent City Code i resents himself or herself as a reflexologist, shall ient knows, or reasonably should know, is not val- have his or her valid and current license or certifi- idly or currently licensed as a massage practitioner cate at each location in which he or she practices or certified to provide reflexology services. c massage or represents himself or herself as a mas- B. It shall be an affirmative defense to a viola- O sage practitioner, and at each location in which he tion of this section that the person receiving the or she practices reflexology or represents himself massage or reflexology services inquired of the or herself as a reflexologist, and the valid and cur- license or certification status of the person provid- a' rent license or certificate shall be provided to the ing the services and was provided a document pur- E person receiving the massage or reflexology ser- porting to be a valid and current license of the w i vice or to law enforcement for inspection upon massage practitioner or valid and current certifi- request. cate of the reflexologist. E. It shall be unlawful for any person who prac- (Ord.No. 4156, § 1, 6-16-15) ,! tices massage or represents himself or herself as a massage practitioner to fail to have his or her valid 9.04.110 Minors practicing massage or and current massage practitioner's license at each reflexology—Responsibility of location in which massage services are provided, owner,director,manager,or other a or display his or her valid and current license to the person in charge—Receipt of -°a person receiving the massage service or to law massage or reflexology services Q enforcement for inspection when requested. from minor unlawful. F. It shall be unlawful for each person who A. It shall be the responsibility of the owner, practices reflexology or represents himself or her- director, manager, or other person in charge of a in self as a reflexologist to fail to have his or her valid massage business or reflexology business to verify 0 and current massage practitioner's license or that each person who provides massage or reflexol- o reflexology certificate at each location in which ogy services has attained the age of eighteen(18). c reflexology services are provided,or display his or It shall be unlawful for any owner, director, man- her valid and current license or certificate to the ager, or other person in charge of a massage busi- person receiving the reflexology service or to law ness or reflexology business to permit or facilitate enforcement for inspection when requested. the provision of massage or reflexology services by M 04 G. It shall be unlawful for any person to present a person who has not reached the age of eighteen or conspicuously display an expired, altered, fake, (18). x or fraudulently obtained license,certificate,or cer- B. It shall be unlawful for any person to receive w tification. It shall be unlawful for an owner, direc- massage or reflexology services from another ca tor, manager, or other person in charge of a whom the recipient knows, or reasonably should massage business or reflexology business to facili- know, has not reached the age of eighteen (18). It tate or permit another to present or conspicuously shall be an affirmative defense to a violation of this c display an expired, altered, fake, or fraudulently section that the person receiving the massage or E obtained license, certificate, or certification. reflexology services inquired of the age of the per- vi (Ord.No. 4156, § 1, 6-16-15) son providing the services and was provided a doc- ument purporting to be a valid and current license Y rn 9.04.100 Receipt of massage or reflexology of the massage practitioner or valid and current 01 services from unlicensed massage certificate of the reflexologist. practitioner or reflexologist— (Ord.No. 4156, § 1, 6-16-15) o Unlawful. 0 A. It shall be unlawful for any person to receive 9.04.120 Advertising. a massage services from another whom the recipient It shall be unlawful to advertise the practice of -°a knows, or reasonably should know, is not validly massage or practice of reflexology except in accor- or currently licensed to provide massage services. dance with RCW 18.108.040. It shall be unlawful for any person to receive (Ord.No. 4156, § 1, 6-16-15) c reflexology services from another whom the recip- E z c� a (Revised 7/15) 9-24.6 Packet Pg. 126 4.E.a Kent City Code 9.04.130 i 9.04.125 Practice requirements and C. Upon a determination that a violation of this limitations—Responsibility of chapter has occurred,the court shall order the for- owner,director, manager,or other feiture of all Kent-issued massage or reflexology c person in charge. business licenses held by the violator. As a condi- O A. It is unlawful for any person who practices tion of any sentence, suspension of sentence, or massage therapy or represents himself or herself as deferral of sentence for a violation of this chapter, a massage therapist, or who practices reflexology the court shall prohibit the violator from applying m or represents himself or herself as a reflexologist, for, attempting to obtain, or obtaining a license E to touch the body parts identified in WAC 246- from the city of Kent to engage in any activity set w i 830-550(1). forth in KCC 9.04.020(C), or working at, being B. It is unlawful for any person who practices present at, or having an interest in any business at massage therapy or represents himself or herself as which the activities set forth in KCC 9.04.020(C) ,d a massage therapist, or who practices reflexology, occur. or represents himself or herself as a reflexologist to (Ord. No. 4156, § 1, 6-16-15; Ord. No. 4353, § 4, perform breast massage except in accordance with 1-21-20) WAC 246-830-555. a C. It is unlawful for any person who practices -°a massage therapy or represents himself or herself as Q a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the coverage and draping in requirements of WAC 246-830-560. o D. It is unlawful for any person who practices o massage therapy or represents himself or herself as c a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the equipment, sanitation, and hygiene requirements of WAC 246-830-500 and 246-830-510. E. It is unlawful for any person who practices x massage therapy or represents himself or herself as w a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the recordkeeping require- c ments of WAC 246-830-565 and 246-830-570. c F. It shall be unlawful for any owner, director, E manager, or other person in charge of a massage vi business or reflexology business to facilitate or, v with knowledge or criminal negligence, permit Y o� another person to violate any provision of this sec- m tion. (Ord.No. 4353 § 3, 1-21-20) o c 0 9.04.130 Violations—Penalty. a A. The first violation of any provision of this -oa chapter shall constitute a misdemeanor. B. Each subsequent violation of this chapter, whether alleged in the same prosecution as the first c violation or in subsequent prosecutions, shall con- E stitute a gross misdemeanor. c� a 9-24.7 (Revised 3/20) Packet Pg. 127 4.E.a 9.05.010 Kent City Code i Chapter 9.05 c c� SEIZURE,FORFEITURE,AND DISPOSAL OF UNCLAIMED PROPERTY,FIREARMS, 0 AND PROPERTY ASSOCIATED WITH CONTROLLED SUBSTANCES* E Sections: E E 9.05.010 Disposal of unclaimed property. w 9.05.020 Forfeiture of firearms. 9.05.030 Drug seizure and forfeiture. L ! *Editor's note—Ord. No. 3405, § 1, adopted July 1, 1998, m repealed Ch.9.05,§§9.05.010—9.05.050,which pertained to disposal of forfeited firearms. Section 3 of said ordinance added provisions designated as a new Ch. 9.05 to read as a� herein set out. Q 0 9.05.010 Disposal of unclaimed property. Q The following sections of Chapter 63.32 RCW are hereby adopted by reference as currently enacted and as hereinafter amended from time to in time, and shall be given the same force and effect 0 as if set forth herein in full. o A. RCW 63.32.010 Methods of disposition— c Notice—Sale,retention, destruction, or trade. B. RCW 63.32.020 Notice of sale. C. RCW 63.32.030 Disposition of proceeds. M D. RCW 63.32.040 Reimbursement to owner. M E. RCW 63.32.050 Donation of unclaimed bicycles and toys to char- w ity. (Ord.No. 3405, § 1, 7-7-98) a� c 9.05.020 Forfeiture of firearms. c RCW 9.41.098 entitled"Forfeiture of firearms— Disposition— Confiscation" is hereby adopted by 0i reference as currently enacted and as hereinafter v amended from time to time, and shall be given the Y rn same force and effect as if set forth herein in full. m (Ord.No. 3405, § 1, 7-7-98) 0 9.05.030 Drug seizure and forfeiture. c RCW 69.50.505 entitled "Seizure and forfei- a ture" is hereby adopted by reference as currently 13 enacted and as hereinafter amended from time to a m time, and shall be given the same force and effect as if set forth herein in full. (Ord.No. 3405, § 1, 7-7-98) E z c� a (Revised 3/20) 9-24.8 Packet Pg. 128 4.E.a Kent City Code 9.08.36 i Chapter 9.08 9.08.24 False alarm charge. The police department is granted the discretion AUDIBLE INTRUSION ALARMS to order a maximum charge of ten dollars($10)for S each false alarm received or responded to by the O Sections: police department. >+ 9.08.04 Outside audible intrusion alarm (Ord. No. 1860, § 6. Formerly Code 1986, systems prohibited. § 9.08.24) 0' 9.08.08 Duration of alarm limited. E E 9.08.12 Exceptions. 9.08.32 Notification of police department. w 9.08.20 Automatic telephone dialing systems p g Y It shall be the obligation of anyone connecting d prohibited. an outside audible intrusion alarm to any residence 9.08.24 False alarm charge. building located within the city to immediately ,d 9.08.32 Notification of police department. upon the placement of such alarm system, give 9.08.36 Penalties. written notification thereof to the police depart- ment. 9.08.04 Outside audible intrusion alarm (Ord. No. 1860, § 8. Formerly Code 1986, a systems prohibited. § 9.08.32) -°a There shall no longer be allowed any outside Q audible intrusion alarm systems within the city in 9.08.36 Penalties. conjunction with commercial business or indus- ' J � A violation of the provisions of this chapter shall � trial facilities or buildings. result in a fine of up to one hundred dollars($100) in (Ord. No. 1860, § 1. Formerly Code 1986, for each separate violation. 0 § 9.08.04) (Ord. No. 1860, § 9. Formerly Code 1986, o § 9.08.36) 9.08.08 Duration of alarm limited. -00 Any residence building within the city or any motor vehicle operating within the city that has an outside audible intrusion alarm system connected04 thereto shall be equipped with a device that shall limit the duration of any such alarm for a period not to exceed five (5) minutes and such system shall W preclude any recycling of the alarm system. (Ord. No. 1860, § 2. Formerly Code 1986, a� § 9.08.08) c 9.08.12 Exceptions. Nothing contained in this chapter is intended to 0i prohibit or limit the use of outside audible fire v alarm systems activated by heat, smoke or fire or Y by the flowing of water. (Ord. No. 1860, § 3. Formerly Code 1986, § 9.08.12) c c 0 9.08.20 Automatic telephone dialing a systems prohibited. .00 It shall be a violation of the terms of this chapter Q to connect any automatic telephone dialing sys- tems to the police department alarm system. (Ord. No. 1860, § 5. Formerly Code 1986, E § 9.08.20) c� a 9-25 Packet Pg. 129 4.E.a 9.09.010 Kent City Code i Chapter 9.09 or neglect of parental or custodial responsibilities for a juvenile required by any existing or hereafter CURFEW AND PARENTAL enacted statute of this state. RESPONSIBILITY FOR JUVENILES Curfew hours mean 12:01 a.m. until 6:00 a.m. O daily. Sections: Emergency means an unforeseen combination 9.09.010 Purpose. of circumstances or the resulting state that calls for m 9.09.020 Definitions. immediate action. The term includes, but is not E 9.09.030 Juvenile curfew. limited to, a fire, a natural disaster, an automobile w 9.09.040 Parental responsibility.p Y accident, or any situation requiring immediate � 9.09.050 Exemptions. action to prevent serious bodily injury or loss of 9.09.060 Enforcement. life. ,d 9.09.070 Violations and penalties. Establishment means any privately owned place 9.09.080 Severability. of business operated for a profit to which the public is invited, including but not limited to any store, 9.09.010 Purpose. shop, restaurant, bowling alley, cafe, theater, drug a The purpose of this chapter is to: store, golf course, pool room, shopping center, -°a A. Protect juveniles and other citizens resi- Q J � video arcade, and any other place open to the N dents and visitors of the city from the dangers of general public and devoted to business, crimes which occur on sidewalks, streets,and pub- amusement, or entertainment of the general public lic places during the late night and early morning or other lawful purpose. U) hours; Guardian means: 0 B. Decrease the amount of criminal activity 1. A person who, under court order, is the 0 engaged in by juveniles; guardian of the person of a juvenile; or a C. Promote and enhance parental control over 2. A public or private agency with whom a juveniles; juvenile has been placed by a court; or D. Adopt and implement policies relating to 3. A person who is at least eighteen(18)years juveniles that would minimize impacts on juve- of age and authorized by a parent or guardian to04 niles engaging in and traveling to or from a lawful have the care and custody of a juvenile. activity or event; and Juvenile means any person under eighteen (18) E. Preserve the public safety and to reduce acts years of age. w of violence by or against juveniles that are occur- Operator means any individual, firm, ring in Kent at rates beyond the capacity of the association, partnership, or corporation operating, police to assure public safety without the aid of a managing, or conducting any establishment. The c juvenile curfew. term includes the members or partners of an c (Ord.No. 3355, § 2, 7-15-97) association or partnership and the officers of a E corporation. 1 9.09.020 Definitions. Parent means a person who is a natural parent, v In this chapter: adoptive parent, stepparent, or foster parent of a Y Aid and abet means that a or parent guardian, juvenile P � . m with knowledge that it will promote or facilitate the Public place means any street, alley, highway, commission of a curfew violation, either: parking lot, sidewalk,park,playground or place to 0 1. Solicits, commands, encourages, helps, which the general public has access and a right to 0 assists, or requests a juvenile to commit the viola- resort for business, entertainment, or other lawful a tion; or purpose. Public place shall include, but not be -°a 2. Aids or agrees to aid a juvenile or another limited to any public facility or any establishment Q person in planning or committing the violation. such as a store, shop, restaurant, tavern, bowling The word"aid"means all assistance whether given alley, cafe, theater, drug store, golf course, pool c by words, acts, encouragement, support, presence room,shopping center,and any other place open to E the general public and devoted to business, c� a 9-26 Packet Pg. 130 4.E.a Kent City Code 9.09.060 i amusement or entertainment of the general public neighbor if the neighbor did not complain to the or other lawful purpose, whether publicly or police department about the juvenile's presence; privately owned or operated. It shall also include 7. Attending an official school,religious,rec- the front or immediate area of the above,including, reational, or other activity supervised by adults or O but not limited to, roads, sidewalks, alleyways, sponsored by the city, a civic organization, or parking lots,parks or other similar ares open to the another similar entity that takes responsibility for general public. the juvenile, or going to or returning home from Remain means to: such activity,without any detour or stop; E 1. Linger or stay; or 8. Lawfully present within or upon an estab- w i 2. Fail to leave premises when requested to lishment or going to or returning home from such do so by a police officer or the owner, operator, or establishment without any detour or stop; other person in control of the premises of any 9. Going to or returning from the residence of ,d establishment or other public place. another without any detour or stop. Serious bodily injury means bodily injury that 10. Exercising First Amendment rights pro- creates a substantial risk of death or that causes tected by the United States Constitution, such as D death, serious permanent disfigurement, or the free exercise or religion, freedom of speech, a protracted loss or impairment of the function of and the right of assembly; or -°a any bodily member or organ. 11. Married and thus has achieved the age of Q (Ord.No. 3355, § 2, 7-15-97) majority pursuant to RCW 26.28.020, or has become emancipated in accordance with Chapter 9.09.030 Juvenile curfew. 13.64 RCW. in Except as set forth in KCC 9.09.050, it shall be B. It shall not be a violation of KCC 9.09.040 0 a civil infraction for any juvenile to remain in any when any parent or guardian,unable to control the o public place within the city during curfew hours. whereabouts and activities of a juvenile in their c (Ord.No. 3355, § 2, 7-15-97) care, custody, or control, has contacted the city or police department and reported such juvenile as 9.09.040 Parental responsibility. possibly appearing in locations and at times that CD Except as set forth in KCC 9.09.050, it shall be would violate this chapter. M 04 a civil infraction for any parent or guardian having (Ord.No. 3355, § 2, 7-15-97) custody or control of any juvenile to knowingly aid x or abet the juvenile to commit a curfew violation. 9.09.060 Enforcement. w (Ord.No. 3355, § 2, 7-15-97) A. Prior to the issuance of a verbal or written warning or a notice of civil infraction, a police 9.09.050 Exemptions. officer shall ask the apparent offender's name,age, c A. It shall not be a violation of KCC 9.07.030 address, and the reason for being in the public c and/or KCC 9.09.040 that the juvenile was: place. The officer shall not issue a warning or cita- L Accompanied by the juvenile's parent or tion or take further action under this section unless vi guardian; the officer reasonably believes a violation has V 2. On an errand at the direction of the juve- occurred and that based on any response and other Y o� nile's parent or guardian, without any detour or circumstances, no exemption exists under KCC m stop; 9.07.050. 3. In a motor vehicle involved in interstate B. Pursuant to RCW 13.32A.050(1)(b),apolice o travel; officer, who reasonably believes that a juvenile is c 4. Engaged in an employment activity, or, in violation of KCC 9.09.030, shall have the a going to or returning home from an employment authority to take the juvenile into custody. Pursu- -°a activity,without any detour or stop; ant to RCW 13.32A.060, an officer taking a juve- 5. Involved in an emergency; nile into custody shall inform the juvenile of the 6. On the sidewalk abutting the juvenile's reason for such custody and shall either: c residence or abutting the residence of a next-door 1. Transport the juvenile to his or her home or E to a parent or guardian at his or her place of c� a 9-27 Packet Pg. 131 4.E.a 9.09.070 Kent City Code i employment, if no parent or guardian is at home. c. A licensed youth shelter. The parent or guardian may request that the officer The officer shall immediately notify the Depart- take the juvenile to the home of an adult extended ment of Social and Health Services if no placement family member,responsible adult,crisis residential option is available and the child is released. O center, the Department of Social and Health Ser- C. An officer's responsibilities under subsec- vices, or a licensed youth shelter. In responding to tion(B) of this section, after taking a juvenile into the request of the parent or guardian, the officer custody for a curfew violation, shall be changed, a' shall take the juvenile to a requested place which, expanded or limited without further amendment to E in the officer's belief, is within a reasonable dis- be consistent with the provisions of RCW w tance of the parent or guardian's home.The officer 13.32A.050 and 13.32A.060 as now or hereafter releasing a juvenile into the custody of a parent, amended. guardian, an adult extended family member, (Ord.No. 3355, § 2, 7-15-97) ,! responsible adult, or a licensed youth shelter shall inform the person receiving the child of the reason 9.09.070 Violations and penalties. for taking the child into custody and inform all par- A. It shall be a civil infraction to commit a vio- ties of the nature and location of appropriate ser- lation of KCC 9.09.030 or 9.09.040. The Kent a vices available in the community; or Municipal Court shall have jurisdiction over all -°a 2. After attempting to notify the parent or civil infractions issued under this chapter. Civil Q guardian, take the juvenile to a designated crisis infractions shall be issued and processed in accor- residential center's secure facility, or a center's dance with Chapter 7.80 RCW as currently enacted semi-secure facility if a secure facility is full, not or as hereinafter amended, which is incorporated in available, or not located within a reasonable dis- herein by reference. 0 tance: B. A person found to have committed a civil o a. If a juvenile expresses fear or distress at infraction shall be assessed a monetary penalty as c the prospect of being returned to his or her home follows: T which leads the officer to believe there is a possi- 1. The first violation shall be subject to a ver- bility that the child is experiencing some type of bal or written warning. child abuse or negligence, as defined in RCW 2. The second violation within a one (1)year04 26.44.020; period shall be subject to a civil penalty of one hun- b. If it is not practical to transport the juve- dred dollars($100). x nile to his or her home or place of the parent or 3. The third or subsequent violation within a w guardian's employment; or one (1)year period shall be subject to a civil pen- c. If there is no parent or guardian available alty of two hundred fifty dollars($250). `° a� to accept custody of the child; or (Ord.No. 3355, § 2, 7-15-97) c 3. After attempting to notify the parent or c guardian, if a crisis residential center is full, not 9.09.080 Severability. ° available, or not located within a reasonable dis- If any one (1) or more sections, subsections, or VI tance, the officer may request the Department of sentences of this chapter are held to be unconstitu- v Social and Health Services to accept custody of the tional or invalid, such decision shall not affect the Y rn juvenile. If the Department determines that an validity of the remaining portion of this chapter m appropriate placement is currently available, the and the same shall remain in full force and effect. Department shall accept custody and place the (Ord.No. 3355, § 2, 7-15-97) o juvenile in an out-of-home placement. If the c Department declines to accept custody of the juve- a nile, the officer may release the juvenile after -°a attempting to take the juvenile to the following, in the order listed: a. The home of an adult extended family c member; E E b. A responsible adult; c� a 9-28 Packet Pg. 132 4.E.a Kent City Code 9.12.12 i Chapter 9.12 9.12.04 Unlawful to use or be under influence of narcotics—Exception. NARCOTICS AND BARBITURATES* It shall be unlawful, except when lawfully S administered in good faith by a physician or other O Sections: person authorized by law to do so, for any person >+ 9.12.04 Unlawful to use or be under influence to use or be under the influence of opium, mor- of narcotics—Exception. phine, cocaine, hydrate of chloral, isonipecaine, a' 9.12.08 Unlawful to possess narcotics without amidone, isosmidone, keto-bemidone or any other E proper license or prescription. substance neither chemically nor physically distin- w 9.12.12 Unlawful to sell or give away Y guishable from any one(1)of them or any opiate or d narcotics without prescription. narcotic or derivative thereof. An individual is 9.12.16 Prescribing narcotics. "under the influence" of narcotics for the purpose ,! 9.12.20 Sale,possession or use of dangerous of this section when any of his normal faculties are drugs. substantially affected or impaired as a result of the 9.12.22 Reserved. use of such opiate or narcotic or derivative thereof. 9.12.24 Unlawful to possess without (Ord. No. 1787, § 1; Ord. No. 2933, § 1(9.12.04), a prescription. 7-19-90. Formerly Code 1986, § 9.12.04) -°a 9.12.28 Unlawful to possess unless Q specifically prescribed for person in 9.12.08 Unlawful to possess narcotics possession. without proper license or 9.12.32 Unlawful to administer except as prescription. in prescribed. It shall be unlawful for any person not being reg- o 9.12.36 Unlawful to be under influence in istered or licensed as is required by the federal act o public place. of December 17, 1914, commonly known as the c 9.12.40 Prosecution for violation. Harrison Act, Section 3221, Title 26, Ch. 27, 9.12.44 Reserved. United States Code Annotated, and the Controlled 9.12.48 Possession as prima facie evidence of Substance Act of October 27, 1980; Public Law violation. 91-513, to possess any opium, morphine, cocaine, M 04 9.12.52 Unlawful to aid or abet furnishing hydrate of chloral, isonipecaine, amidone, isosmi- certain drugs to persons in jail or done, keto-bemidone or any other substance nei- x custody of police. ther chemically nor physically distinguishable w 9.12.56 Places of resort for users of narcotics from any one(1)of them,or any opiate or narcotics and/or dangerous drugs declared or derivative thereof unless purchased by the pos- nuisance. sessor thereof upon prescription of a physician or c 9.12.60 Abatement of places of resort. other person licensed by law to dispense such nar- c 9.12.64 Unlawful to frequent or be in place cotic or narcotic drug. where narcotics and/or dangerous (Ord. No. 1787, § 2; Ord. No. 2933, § 1(9.12.08), vi drugs are unlawfully kept,used or 7-19-90. Formerly Code 1986, § 9.12.08) v disposed of. Y 9.12.68 Penalty for violations. 9.12.12 Unlawful to sell or give away m 9.12.70 Drug-free zones. narcotics without prescription. 9.12.75 Drug-traffic loitering. A. It shall be unlawful for any apothecary, o pharmacist, druggist or other person to sell, give c *State law reference(s)—Uniform controlled substances act, away,exchange,barter or otherwise dispose of any a RCW 69.50.101 et seq.; drugs requiring prescriptions, RCW p 69.41.010 et seq. of the following to any person except a physician, surgeon or dentist,for use in his profession or call- ing,or upon the written prescription of a physician, surgeon or other person licensed to issue such pre- c scription: E 1. Opium; U c� a 9-29 Packet Pg. 133 4.E.a 9.12.16 Kent City Code i 2. Morphine; unlawful for any such apothecary, pharmacist, 3. Cocaine; druggist or other person to fail or refuse to exhibit 4. Hydrate of chloral; such book and prescriptions to any of the above 5. Isonipecaine; named officers upon demand. O 6. Amidone; (Ord. No. 1787, § 3; Ord. No. 2933, § 1(9.12.12), 7. Isosmidone; 7-19-90. Formerly Code 1986, § 9.12.12) 8. Keto-bemidone; m 9. Any other substance which is neither 9.12.16 Prescribing narcotics. E chemically nor physically distinguishable from It shall be unlawful to prescribe opium, mor- w i subsections(A)(1)through(A)(8)above; phine, cocaine, hydrate of chloral, isonipecaine, 10. Any narcotic, the principal ingredient of amidone,isosmidone,keto-bemidone,or any other which is opium; substance neither chemically nor physically distin- ,d 11. Any narcotic substance or preparation guishable from any one (1) of them, or any opiate derived in any part from and containing as its prin- or narcotic drug or derivative thereof, in such a cipal ingredient any of the following: manner as to leave the quantity of the dose or the 0 a. Opium; frequency of the taking of any dose to the discre- a b. Morphine; tion of the person to whom such prescription is -°a c. Cocaine; issued.It shall be unlawful for any person dispens- N d. Hydrate of chloral; ing any such narcotic or narcotic drug to furnish the W e. Isonipecaine; same upon any such prescription. £ Amidone; (Ord. No. 1787, § 4; Ord. No. 2933, § 1(9.12.16), in g. Isosmidone; 7-19-90. Formerly Code 1986, § 9.12.16) 0 h. Keto-bemidone; or o i. Any other substance neither chemically 9.12.20 Sale,possession or use of dangerous c nor physically distinguishable from subsections drugs. (A)(11)(a) through (A)(11)(h) above or any nar- A. It is unlawful to sell, offer to sell, purchase, cotic. offer to purchase,give away,barter,exchange,dis- B. The apothecary, pharmacist, druggist or tribute, possess or use any dangerous drug except M 04 other person shall keep in a suitable and well- as now or hereafter authorized or permitted by the bound book,kept and used for that purpose only,a laws of the state or except upon the written or oral x true and consecutive memorandum record of every order or prescription of a physician, surgeon, den- w such sale, gift, exchange, barter or disposition, tist, or veterinary surgeon, licensed to practice in showing the time when,the place where,the name the state, which order or prescription shall not be of the proprietor or other person by whom, and the refilled without the written or oral order of the pre- c name of the person to whom, the sale, gift, scriber. c exchange, barter or disposition was made, and the B. The term "dangerous drug" for the purpose E quantity and kind of narcotic, and the name of the of this chapter shall mean and include marijuana vi physician or surgeon upon whose prescription the (cannabis sativa) and any controlled substance v sale, gift, exchange, barter or disposition was classified in Schedule 1, II, 111 or IV of Chapter Y o� made,if made upon a prescription,and the number 69.50 RCW, as it now exists or shall hereafter be m of the prescription. The apothecary, pharmacist, added to,deleted from,modified or amended. druggist or other person shall place and keep on file (Ord. No. 1787, § 5; Ord. No. 2933, § 1(9.12.20), o all such prescriptions consecutively numbered. 7-19-90. Formerly Code 1986, § 9.12.20) c Such book and prescriptions shall be a public a record and shall be open at all reasonable times to 9.12.22 Reserved. 13 the inspection of the mayor, the director of health Q and any accredited officer of the Department of Editor's note—Ordinance No. 3350, §4, adopted May 21, Health and Sanitation, the chief of police or any 1997,repealed§9.12.22 in its entirety.Formerly,such section pertained to possession of marijuana and derived from Ord. police officer, the city attorney, and any persons No.2971,§ 1,3-20-91;Ord.No.3103,§ 1,4-20-93. E specially authorized by the mayor. It shall be U c� W a 9-30 Packet Pg. 134 4.E.a Kent City Code 9.12.52 i 9.12.24 Unlawful to possess without 9.12.40 Prosecution for violation. prescription. In any prosecution for violation of this chapter it It is unlawful to possess any drug mentioned in shall not be necessary to negate any exception,pro- c KCC 9.12.08 and 9.12.20 purchased or acquired viso or exemption contained in such chapter and O pursuant to an order or prescription except in the the burden of proof of such exception, proviso or container in which purchased or acquired. exemption shall be upon the defendant. (Ord. No. 1787, § 6; Ord. No. 2933, § 1(9.12.24), (Ord.No. 1787, § 10; Ord.No. 2933, § 1(9.12.40), m 7-19-90. Formerly Code 1986, § 9.12.24) 7-19-90. Formerly Code 1986, § 9.12.40) E w i 9.12.28 Unlawful to possess unless 9.12.44 Reserved. specifically prescribed for person in possession. Editor's note—Ordinance No. 3350, §5, adopted May 21, d It is unlawful to possess any drug mentioned in 1997,repealed§9.12.44 in its entirety.Formerly,such section pertained to unlawful possession of injection devices and KCC 9.12.08 and 9.12.20 unless the possessor of derived from §9.12.44 of the 1986 Code; Ord. No. 2933, the drug is licensed to have the drug in his posses- § 1(9.12.44),7-19-90. sion,or be the party for whom the drug in question a has been specifically prescribed by a physician or 9.12.48 Possession as prima facie evidence -°a other person licensed by law to dispense the drug of violation. Q or be the duly authorized representative of the In any prosecution under this chapter it shall be party for whom the drug has been prescribed. competent to prove that any person has in his pos- c (Ord. No. 1787, § 7; Ord. No. 2933, § 1(9.12.28), session any of the narcotics or narcotic drugs in 7-19-90. Formerly Code 1986, § 9.12.28) named herein, or their derivatives, and/or any drug 0 mentioned in KCC 9.12.08 and 9.12.20,or posses- g 9.12.32 Unlawful to administer except as sion and the proof thereof shall be prima facie evi- a 0 prescribed. dence that the narcotic or dangerous drug was so It is unlawful to use or administer any drug men- held in violation of the terms of this chapter,except tioned in KCC 9.12.08 and 9.12.20 hereof except under circumstances where the substance in ques- CD in the amount, for the purposes, and as prescribed tion was prescribed by a physician or doctor or M N by the order of prescription pursuant to which the other licensed person for the party who has the drug was acquired. drug in his possession and such substance is in the (Ord. No. 1787, § 8; Ord. No. 2933, § 1(9.12.32), container in which it was purchased or acquired,or w 7-19-90. Formerly Code 1986, § 9.12.32) the party in possession is the duly authorized rep- c resentative of the person for whom the substance W 9.12.36 Unlawful to be under influence in was prescribed. c public place. (Ord.No. 1787, § 12; Ord.No. 2933, § 1(9.12.48), It is unlawful to be under the influence of any 7-19-90. Formerly Code 1986, § 9.12.48) E drug within the purview of this chapter in any pri- 01 vate premises or house to the annoyance of any 9.12.52 Unlawful to aid or abet furnishing Y individual or in a public place,in a vehicle in or on certain drugs to persons in jail or a, a public place or in a place open to the public view custody of police. m or to which the public has access. An individual is It is unlawful for any person not acting under the "under the influence" of a drug for the purpose of direction of the director of public health to furnish o this section when any of his normal faculties are or aid or abet the furnishing of any opium, mor- c substantially affected or impaired as a result of the phine, cocaine, hydrate of chloral, isonipecame, a use of such drug. amidone, isosmidone, keto-bemidone or any sub- -°a (Ord. No. 1787, § 9; Ord. No. 2933, § 1(9.12.36), stance neither chemically nor physically distin- 7-19-90. Formerly Code 1986, § 9.12.36) guishable from any one(1)of them or any opiate or narcotic,or narcotic derivative thereof or any of the m "dangerous drugs" mentioned in KCC 9.12.20 to E any person confined in the city jail or in the cus- U a 9-31 Packet Pg. 135 4.E.a 9.12.56 Kent City Code i tody of the police department,unless the substance the date of such abatement, unless he as principal in question is lawfully prescribed for the person by shall therefor give and file with the city clerk a a doctor or physician and is given to such person good and sufficient surety bond to be approved by c under the direction of that person's physician or the court making the order of abatement or in case O doctor. of summary abatement to be approved by the chief (Ord.No. 1787, § 13; Ord.No. 2933, § 1(9.12.52), of police in the penal sum of one thousand dollars 7-19-90. Formerly Code 1986, § 9.12.52) ($1,000) payable to the city conditioned that such a' building, structure, premises or room or rooms E 9.12.56 Places of resort for users of therein will not thereafter be used in violation of w i narcotics and/or dangerous drugs this chapter and that he will pay all fines,costs and declared nuisance. damages assessed against him for any violation of It shall be unlawful for any person,firm, corpo- this chapter. In case of the violation of any of the ,d ration or agent, holding, leasing, renting, occupy- conditions of such bond,the whole amount may be ing or having charge and control of, any building, recovered as a penalty for the use of the city. structure or premises or room or rooms therein to (Ord.No. 1787, § 15; Ord.No. 2933, § 1(9.12.60), permit the same to be used as a place of resort for 7-19-90. Formerly Code 1986, § 9.12.60) a persons known to be users of narcotics, narcotic -°a drugs or dangerous drugs mentioned in KCC 9.12.64 Unlawful to frequent or be in place Q 9.12.08 and 9.12.20 or to permit therein the unlaw- where narcotics and/or dangerous ful sale, gift or distribution of narcotics, narcotic drugs are unlawfully kept,used or drugs or dangerous drugs mentioned in KCC disposed of. in 9.12.08 and 9.12.20 and any such place or any It is unlawful for anyone, not lawfully autho- 0 place which is a resort for users of narcotics, nar- rized to frequent, enter, be in, or be found in any o cotic drugs or dangerous drugs mentioned in KCC place where narcotics,narcotic drugs,their deriva- c 9.12.08 and 9.12.20 is hereby declared to be a pub- tives, or dangerous drugs mentioned in KCC T lic nuisance and may be abated as such in the man- 9.12.08 and 9.12.20 are unlawfully used, kept or ner provided by this chapter. disposed of. (Ord.No. 1787, § 14; Ord.No. 2933, § 1(9.12.56), (Ord.No. 1787, § 16; Ord.No. 2933, § 1(9.12.64), N 7-19-90. Formerly Code 1986, § 9.12.56) 7-19-90. Formerly Code 1986, § 9.12.64) 9.12.60 Abatement of places of resort. 9.12.68 Penalty for violations. w Any building, structure, premises or room or A person who is convicted of a misdemeanor rooms therein constituting a nuisance as defined in violation of any provision of this chapter shall be this chapter may be abated in a civil action in the punished by imprisonment for not less than twenty- c manner provided by law or the court upon final four (24) consecutive hours, and by a fine of not c judgment of conviction for violation of this chapter less than two hundred fifty dollars ($250). On a E of any person found therein at the time of his arrest second or subsequent conviction,the fine shall not vi may forthwith and as a part of the same proceeding be less than five hundred dollars ($500). These v direct the chief of police to abate any such place as fines shall be in addition to any other fine or pen- Y o� a nuisance. The chief of police, upon ascertaining alty imposed.Unless the court finds that the impo- m that any such place is a nuisance as defined by this sition of the minimum imprisonment will pose a chapter,may proceed to summarily abate the same. substantial risk to the defendant's physical or men- o Such abatement shall be effected by closing and tal well-being or that local jail facilities are in an c securely locking the place abated and excluding all overcrowded condition, the minimum term of a persons therefrom. It shall be unlawful for any imprisonment shall not be suspended or deferred. Q owner, agent, lessee, tenant, person in charge or If the court finds such risk or overcrowding exists, occupant, to enter, use or occupy any building, it shall sentence the defendant to a minimum of structure or premises or room or rooms therein forty (40) hours of community service. If a mini- c abated as a nuisance under the provisions of this mum term of imprisonment is suspended or E chapter, from and for a period of one (1)year after deferred,the court shall state in writing the reason c� a 9-32 Packet Pg. 136 4.E.a Kent City Code 9.12.75 i for granting the suspension or deferral and the facts streets, sidewalks, bridges, alleys, plazas, parks, upon which the suspension or deferral is based. driveways, parking lots, transit stations, shelters Unless the court finds the person to be indigent,the and tunnels, automobiles visible to public view minimum fine shall not be suspended or deferred. (whether moving or not), and buildings, including O (Ord.No. 1787, § 17;Ord.No.2894, § 1, 1-16-90; those which serve food or drink, or provide enter- Ord. No. 2933, § 1(9.12.68), 7-19-90; Ord. No. tainment,and the doorways and entrances to build- 3030, § 1, 2-19-92. Formerly Code 1986, ings or dwellings and the grounds enclosing them. § 9.12.68) B. A person is guilty of drug-traffic loitering if E he or she remains in a public place and intention- w 9.12.70 Drug-free zones. ally solicits, induces, entices, or procures another Pursuant to RCW 69.50.435, there are hereby to engage in unlawful conduct contrary to Chapter established within the city drug-free zones for 69.50, 69.41 or 69.52 RCW. ,d enhanced criminal penalties for crimes involving C. The following circumstances do not by the manufacture,sale or delivery of controlled sub- themselves constitute the crime of drug-traffic loi- stances committed within such zones in areas upon tering. Among the circumstances which may be as surrounding schools and/or bus stops. The maps considered in determining whether the actor a describing such zones incorporated herein by refer- intends such prohibited conduct are that he or she: -°a ence are hereby approved as the official locations 1. Is seen by the officer to be in possession of Q and record of the locations and boundaries of the drug paraphernalia; or areas on or within one thousand(1,000)feet of the 2. Is a known drug trafficker; or school sites of the Kent School District. The maps 3. Repeatedly beckons to,stops or attempts to in are on file with the city clerk and are maintained as stop passersby, or engages passersby in conversa- 0 an official record available for public inspection. tion; or o (Ord.No. 3061, § 1, 8-18-92) 4. Repeatedly stops or attempts to stop motor c vehicle operators by hailing,waving of arms or any 9.12.75 Drug-traffic loitering. other bodily gesture; or A. As used in this section: 5. Circles an area in a motor vehicle and Co 1. Conviction means an adjudication of guilt repeatedly beckons to,contacts,or attempts to stop M 04 pursuant to RCW Title 10 or 13, or the equivalent pedestrians. provisions of any federal statute, state statute or D. No person may be arrested for drug-traffic x ordinance of any political subdivision of this state, loitering unless probable cause exists to believe w and includes a verdict of guilty, a finding of guilty that he or she has remained in a public place and and an acceptance of a plea of guilty. has intentionally solicited,induced, enticed or pro- 2. Drug paraphernalia means drug parapher- cured another to engage in unlawful conduct con- c nalia as the term is defined in the Uniform Sub- trary to Chapter 69.50, 69.41, or 69.52 RCW. c stance Act, RCW 69.50.102, excluding E. A person convicted of drug-traffic loitering hypodermic syringes or needles in the possession under this section shall be punished by a fine of not vi of a confirmed diabetic or a person directed by his more than five thousand dollars($5,000)or term of V or her physician to use such items. imprisonment of not more than one (1) year, or Y o� 3. Illegal drug activity means unlawful con- both. m duct contrary to any provision of Chapter 69.41, (Ord.No. 3135, § 1, 10-5-93) 69.50 or 69.52 RCW,or the equivalent federal stat- o ute, state statute, or ordinance of any political sub- c division of this state. a 4. Known drug trafficker means a person who has, within the knowledge of the arresting officer, been convicted within the last two(2)years in any court of any felony illegal drug activity. c 5. Public place is an area generally visible to E public view and includes, but is not limited to, c� a 9-33 (Revised 6/05) Packet Pg. 137 4.E.a 9.32.04 Kent City Code i Chapter 9.32 6. Encouraging or permitting any person on the licensed premises to touch,caress or fondle the CONDUCT IN ALCOHOLIC breast, buttocks, anus or genitals of any other per- BEVERAGE PREMISES* son; O 7. Permitting any employee or person to wear Sections: or use any device or covering, exposed to view, 9.32.04 Prohibited acts. which simulates the breast, genitals, anus, pubic a' 9.32.06 Entertainment—Hours permitted. hair or any portion thereof, E 9.32.08 Violations. 8. Permitting any person to perform acts of or w i acts which simulate: *Cross reference(s)—License required where dancing is per- a. Sexual intercourse, masturbation, sod- mitted and alcoholic beverages are being served,§5.02.070. omy,bestiality,oral copulation,flagellation or any ,d sexual acts which are prohibited b law; °' State law reference(s)—Authority to adopt police regulations P y � � not in conflict with state law,RCw 66.08.120. b. The touching, caressing or fondling of the breast,buttocks, anus or genitals; 9.32.04 Prohibited acts. c. The displaying of the pubic hair, anus, a The following acts or conduct on premises vulva or genitals; -°a licensed under the authority of the state liquor con- 9. Permitting entertainers or any other person Q trol board are prohibited from: whose breasts and/or buttocks are exposed to per- 1. Employing or allowing any person to sell form anywhere on the licensed premises; or serve alcoholic beverages in or upon the 10. Permitting any person to use artificial U) licensed premises while such person is unclothed devices or inanimate objects to depict any of the o or in such attire, costume or clothing as to expose prohibited activities described above; o to view any portion of the breast below the top of 11. Permitting any person to remain in or c the areolae or of any portion of the pubic hair,anus, upon the licensed premises who exposes to public cleft of the buttocks,vulva or genitals; view any portion of his genitals or anus; 2. Employing or allowing the services of or 12. Permitting the showing of film, still pic- allowing any hostess or other person including any tures, electronic reproduction, or other visual04 entertainer to mingle with the patrons while such reproductions depicting: hostess or other person or entertainer is unclothed a. Acts or simulated acts of sexual inter- x or in such attire, costume or clothing as described course,masturbation, sodomy,bestiality, oral cop- w in subsection(A)above; ulation, flagellation or any sexual acts which are ca 3. Employing, contracting with or allowing prohibited by law, any person to solicit a patron for any beverage b. Any person being touched, caressed or c and/or accept any beverage from a patron in or fondled on the breast,buttocks, anus or genitals, c upon the licensed premises and receive therefor, c. Scenes wherein a person displays the E either directly or indirectly, any commission, vulva or the anus or the genitals, i remuneration or compensation; d. Scenes where artificial devices or inani- v 4. Employing or contracting with any person mate objects are employed to depict, or drawings Y o� for the purpose of having such person dance with a are employed to portray, any of the prohibited m patron or for the purpose of having such person activities described above. spend time with a patron in or upon the licensed (Ord. No. 2312, § 1. Formerly Code 1986, o premises and for which the person is to receive, § 9.32.04) c either directly or indirectly, any commission, a remuneration or compensation; 9.32.06 Entertainment—Hours permitted. Q 5. Permitting any dancer-entertainer to per- Pursuant to RCW 66.28.080 and WAC 314-16- form on the premises except when removed at least 055, no music, dancing or entertainment may be six (6) feet from the nearest patron and except conducted between the hours of 2:00 a.m. and 6:00 c when on a permanent stage at least eighteen (18) a.m. on any premises licensed under the authority E inches high; of the state liquor control board which is open to c� a (Revised 6/05) 9-34 Packet Pg. 138 4.E.a Kent City Code 9.34.010 i the public and which operates for profit,directly or Chapter 9.34 indirectly, or requires a monetary payment or con- tribution from the persons admitted. "Dancing" CORRECTIONS FACILITY E herein shall not include a public dance under Ch. O 5.12 KCC which regulates certain public dances on Sections: >, premises not licensed under the authority of the 9.34.010 Definitions. state liquor control board. "Dancing" and "enter- 9.34.020 Programs—Policies and procedures. tainment" herein shall not include adult entertain- 9.34.030 Corrections facility programs as E ment under Ch. 5.10 KCC which regulates adult privilege—No right to participate— w entertainment performed on premises not licensed Participation may be required. under the authority of the state liquor control 9.34.040 Costs of programs. board. "Music" and "entertainment" herein shall 9.34.050 Good time credit—Work credit day to not apply to radios or mechanical musical devices jail day ratio. such as tape decks or similar equipment. 9.34.060 Electronic home detention. (Ord.No. 3163, § 1, 5-3-94) 9.34.070 Work release. 9.34.080 Work programs in general—Types of a 9.32.08 Violations. work performed—Limitations. .°a Violation of any of the provisions of this chapter 9.34.110 Inmate responsible for portion of Q shall be a misdemeanor and punishable by impris- medical care costs. onment for a term not to exceed ninety (90) days, and a fine of not more than five hundred dollars 9.34.010 Definitions. in ($500)or both such fine and imprisonment. The following words, terms, and phrases shall o (Ord. No. 2312, § 2. Formerly Code 1986, have the following meanings: o § 9.32.08) A. Confinement shall mean confinement within a the corrections facility,or participation in a correc- tions facility program. B. Corrections facility shall mean the city of Kent corrections facility. C. Corrections staff shall mean employees of 04 the corrections facility. D. Day of work shall mean a work day pursuant w to a work program. The length of a day of work shall be determined by corrections staff. a� E. Inmate shall mean a defendant sentenced by c the Kent municipal court or another court to serve a period of confinement in the corrections facility. F. The terms jail, imprisonment, or commit- 0i ment, as those terms are used in a sentencing order v of the court, shall mean confinement. Y G. Program shall mean electronic home deten- tion or monitoring,work programs,work release or other corrections facility program as authorized by c statute, ordinance or corrections facility policy. A c program may be nonsupervised, partially super- a vised, or supervised. .°a H. Qualifying inmate shall mean an inmate who meets the conditions of participation in a correc- tions facility program as such conditions are set m E z c� a 9-35 (Revised 12/11) Packet Pg. 139 4.E.a 9.34.020 Kent City Code i forth in the corrections facility policies and proce- 9.34.050 Good time credit—Work credit day dures applicable to such program. to jail day ratio. (Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, A. Except as provided in subsection(B) of this c 9-20-11) section,an inmate may receive good time credit for O good behavior in an amount not to exceed one- 9.34.020 Programs—Policies and third(1/3)of the confinement ordered by the court; procedures. provided,such good time credit may be taken away a' The corrections facility shall establish policies from the inmate pursuant to corrections facility E and procedures for the implementation of the vari- policies and procedures. w i ous programs set forth in this chapter. B. Any inmate who performs work on a correc- (Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, tions facility work program shall receive credit for 9-20-11) two (2) days of confinement ordered by the court ,d for every three(3)days of work performed.Partial 9.34.030 Corrections facility programs as credit for periods of less than one (1) day may be privilege—No right to participate— given where the inability to complete the full day Participation may be required. of work is not the fault of the inmate, and the a A. Participation in programs shall be consid- inmate has otherwise complied with the program -°a ered a privilege,participation shall be subject to the policies. Q discretion of the corrections staff, and the inmate (Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, shall have no right to participate in such programs. 9-20-11) There shall be no guarantee to any inmate that he in or she will be permitted to participate in any pro- 9.34.060 Electronic home detention. 0 gram even after a date for participation is estab- A qualifying inmate sentenced to a period of o lished. In the event an inmate is accepted in, or confinement at the corrections facility may, at the c ordered to participate in, a program, and thereafter discretion of corrections staff and subject to appli- the program is not available, the inmate may be cable policies and procedures,serve all or a portion permitted to participate in another program for of his or her ordered confinement in a qualifying CD which he or she is eligible, subject to availability residence, subject to an acceptable system of elec- M 04 and at the sole discretion of corrections staff. tronic surveillance. B. Participation shall be conditioned upon the (Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, x inmate meeting the qualifications of the program, 9-20-11) w and complying with applicable policies and proce- dures for the program. 9.34.070 Work release. C. The corrections facility may, at its discre- A qualifying inmate sentenced to a period of c tion, require an inmate to participate in a correc- confinement at the corrections facility may, at the c tions facility program against his or her will. discretion of corrections staff and subject to appli- E (Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, cable policies and procedures,serve all or a portion vi 9-20-11) of his or her ordered confinement on a work release v program. Inmates participating in the work release Y o� 9.34.040 Costs of programs. program may, pursuant to applicable policies or m The city may,pursuant to resolution or through procedures, spend a portion of a twenty-four (24) a budget ordinance, set various fees which may be hour period away from the corrections facility o required as a condition of participating in a pro- while performing work at the inmate's qualifying c gram;provided,the corrections facility may waive place of employment. The inmate shall spend non- a the fees or require the inmate to participate on a working hours at the corrections facility;provided, -°a work program in lieu of payment in order to man- the inmate may,at the discretion of the corrections age the correction facility's population, or in order staff, be allowed to attend approved school, treat- to make such programs available to the indigent. ment,AA/NA meetings, or appointments. c (Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, (Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, E 9-20-11) 9-20-11) c� a (Revised 12111) 9-36 Packet Pg. 140 4.E.a Kent City Code 9.34.110 i 9.34.080 Work programs in general—Types shorelines, waterways, steep slopes, parks, and of work performed—Limitations. public facilities. A. In general.A qualifying inmate sentenced to 4. Graffiti removal and repair on state, fed- c a period of confinement at the corrections facility eral, and municipal property. O may, at the discretion of corrections staff and sub- 5. General maintenance and repair of munic- ject to applicable policies and procedures, serve all ipal, state, and federal property. or a portion of his or her ordered confinement on a 6. Janitorial and landscape services at munic- m work program. There shall be two (2) types of ipal, state, and federal property. E work programs as follows: 7. Any other work as approved by the correc- w i 1. In-custody work program. An inmate who tions facility. serves on an in-custody work program shall spend C. Performance of work for other public agen- nonworking hours confined at the corrections facil- cies. The work program may perform work at the ,d ity. The work performed may be within or outside request of other public agencies. The corrections of the corrections facility and may be at a location facility may, at its discretion, require the public other than the corrections facility. During the agency to pay a fee for the utilization of the work D period of work,the inmate may be supervised,par- program. a tially supervised, or not supervised. While con- D. Performance of work for private parties or -°a fined at the corrections facility,the inmate may, at nonprofit agencies. The work program may per- Q the discretion of the corrections staff,be allowed to form the types of work described in subsection(B) attend local court dates or appointments. of this section for private parties or nonprofit agen- 2. Out-of-custody work program. An inmate cies on the condition that the private party or non- in who serves on an out-of-custody work program profit agency reimburse the city for the costs of 0 shall spend nonworking hours at a location other providing the work program and the private party o than the corrections facility, and as approved by or nonprofit agency assumes all risk and liability c corrections staff. The work performed may be exposure of having the work program perform the within or outside of the corrections facility and work;provided,that at the discretion of corrections 0 may be at a location other than the corrections staff,reimbursement may not be required when the facility.During the period of work,the inmate may work performed primarily benefits the poor and cam', be supervised, partially supervised, or not super- infirm. vised. E. Performance of bargaining unit work. The U) B. Types of work performed.A work crew pro- city of Kent will not utilize a work program to per- w gram may be utilized to perform the following form work that is within the body of work of a rec- types of work: ognized city of Kent union, without the prior 1. Garbage, litter, debris, and junk removal agreement of the city of Kent union that owns the c from municipal,state,and federal property,includ- body of work. c ing but not limited to roadways, roadway ease- (Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, E ments, sidewalks, trails, open space, wetlands, 9-20-11. Formerly 9.34.100) Vi shorelines, waterways, steep slopes, parks, and v public facilities. 9.34.110 Inmate responsible for portion of Y o� 2. Removal and maintenance of invasive and medical care costs. m undesirable vegetation and leaves from municipal, A. Payment responsibility. Each inmate con- state, and federal property, including but not lim- fined in the corrections facility shall be responsible o ited to roadways, roadway easements, sidewalks, for payment of a portion of the cost to provide c trails, open space, wetlands, shorelines, water- medical care to him or her while subject to confine- a ways, steep slopes,parks, and public facilities. ment in the corrections facility. -°a 3. Removal of snow, sand, dirt, and debris B. Medical care costs.Each inmate confined in from municipal,state,and federal property,includ- the corrections facility shall be financially respon- ing but not limited to roadways, roadway ease- sible for payment of fifteen dollars($15)each time c ments, sidewalks, trails, open space, wetlands, he or she is provided medical care;provided,that a E portion of this fee may be waived in the event med- 0 c� a 9-36.1 (Revised 12/11) Packet Pg. 141 4.E.a 9.34.110 Kent City Code i ical staff determines the inmate has a chronic con- event the inmate wishes to appeal the assessment dition that requires treatment at regular and of medical care costs,he or she must provide writ- frequent intervals,or an inmate was provided med- ten notice to the corrections facility within five(5) c ical care more than one(1)time during any one(1) days of receiving such care. The written notice O day for the same condition. In addition, each shall state the date the care was provided and must inmate shall pay ten dollars ($10) for each course contain a detailed explanation of the reasons for of prescription medication that is prescribed to the appealing the assessment of costs. In the event the m inmate.In the event an inmate requires transport by court has been utilized to recover such costs, the E ambulance to a medical care facility,he or she shall inmate's written notice shall be delivered to the w pay the actual costs billed to the city for such trans- court,and the court shall set a hearing to permit the port. inmate to contest the assessed medical care costs. C. Notification.An inmate shall be notified that In the event the court was not utilized to collect ,d in the event he or she is provided medical care medical care costs,the corrections facility shall,in o: while confined in the corrections facility,he or she accordance with its administrative appeal process, shall be responsible for payment of a portion of the set an administrative appeal. At any appeal hear- cost of that care. The inmate shall also be notified ing,the inmate shall bear the burden of proving,by a that by receiving medical care,he or she agrees that a preponderance of the evidence, that he or she is -°a the costs set forth in this section may be collected not responsible for the costs. Q by the court, and that those costs will be added to G. No denial of medical care. Under no condi- any other amount owing to the court, or, in the tion shall medical care be denied or delayed due to alternative,that the costs may be collected by seiz- an inmate's inability to pay the fees set forth in this in ing the inmate's currency that is being held by the section;provided,that nothing in this section shall 0 corrections facility, by utilizing the services of a prevent the city from taking steps to collect medi- o collections agency, or by any other legal means. cal care costs after care is provided. c D. Proof of care. In the event the city chooses (Ord. No. 3919, § 3, 6-16-09; Ord. No. 4004, § 1, to utilize the Kent municipal court to collect medi- 9-20-11) cal care costs, the city shall submit to the court a document that identifies the inmate's name,date of M 04 birth, the date medical care was provided, and the name of the provider to establish that medical care x was provided and that the defendant owes a portion w of the medical care costs to the city. E. Forfeiture of inmate property.At the discre- tion of the corrections facility,and as an alternative c to other collection methods,the corrections facility c may seize a portion of the United States currency E that has been identified and recorded as inmate i property during an inmate property inventory. To v this end, all United States currency in the posses- Y o� sion of an inmate,which is recorded upon booking, m shall be subject to forfeiture to cover the costs of medical care;provided,that prior to forfeiture,the o corrections staff shall provide the inmate with an c opportunity to a hearing to contest the forfeiture of a the currency. -°a F. Appeal. An inmate may appeal the assess- ment of medical care costs;provided,the quality of medical care,the manner in which the medical pro- c vider administers medical care, and the timing of E medical care shall not be subject to appeal. In the c� a (Revised 12111) 9-36.2 Packet Pg. 142 4.E.a Kent City Code 9.36.020 i Subtitle III. Traffic and Motor Vehicles for in the MTO,the addition of any new section to, or amendment or repeal of any section in,the MTO Chapter 9.36 shall be deemed to amend the traffic ordinance of S the city of Kent,and it shall not be necessary for the O TRAFFIC CODE* Kent city council to take any action with respect to such addition, amendment, or repeal. Sections: A copy of the MTO adopted by reference for a' 9.36.010 Adopting ordinance. application and enforcement within the city limits E 9.36.015 Driving regulations. of Kent is available online for public viewing w 9.36.020 Inattentive drivin i g through the Washington State Legislature's web- 0) 9.36.030 Avoidance of intersection,penalty. site at: http://app.leg.wa.gov/wac/.Physical copies 9.36.040 Breaking traction-Quick starts. of these statutes are also maintained by the city ,d 9.36.045 Motor vehicle public disturbance. clerk and available for public inspection during the 9.36.050 One-way streets and alleys-Penalty. regular business hours of the city clerk's office. 9.36.060 Compression brakes restrictions. (Ord. No. 3017, § 3, 12-3-91; Ord. No. 3073, § 1, 9.36.070 Vehicle weight restrictions. 10-20-92; Ord. No. 3170, § 1, 5-24-94; Ord. No. a 9.36.075 Duty in the case of accident with 3408, § 2, 7-7-98; Ord.No. 4196, § 1,4-19-16) -°a pedestrian or vehicle propelled by Q human power. 9.36.015 Driving regulations. 9.36.080 Warrant checks. All RCW sections that constitute traffic infrac- 9.36.090- tions or traffic offenses,and the RCW sections nec- � 9.36.110 Reserved. essary for the investigation, citation, prosecution, o 9.36.120 Emergency response caused by enforcement, and adjudication of those traffic o person's intoxication-Recovery of infractions or traffic offenses, or necessary to c costs from convicted person. define or interpret terms used therein, that are a 9.36.130 Traffic safety school. enacted, amended, repealed, or recodified by the 6 9.36.140 School speed zone traffic safety state Legislature, after the Department of Licens- cameras. ing's last update of the MTO and prior to the M 04 9.36.150 Stoplight traffic safety cameras. Department of Licensing's next update of the MTO, are hereby adopted by reference as they are u, *Cross reference(s)-Police department,ch.2.22;speed lim- enacted or as they are amended,repealed,or recod- w its and vehicle regulations in parks and recreation areas, §4.01.080; traffic regulations in parks and recreation areas, ified from time to time,and shall be given the same §4.01.210;license required for taxicabs and other vehicles for force and effect as if set forth herein in full. y hire,ch. 5.03;visibility requirements at intersections in resi- (Ord.No. 3408, § 3,7-7-98;Ord.No. 3954, § 4,5- dential districts, § 15.08.130; visibility at access points for 18-10; Ord.No. 4196, § 2,4-19-16) c automobiles,§ 15.08.140. State law reference(s) — Model traffic ordinance, RCW 9.36.020 Inattentive driving. UI 46.90.005 et seq. A. It is unlawful for any person to operate a V motor vehicle in an inattentive manner upon any � 9.36.010 Adopting ordinance. highway within the city or way open to the public m Pursuant to RCW 46.90.010, the Washington within the city that is maintained primarily for pub- Model Traffic Ordinance (MTO) as set forth in lic use and is adjacent to any highway. o Chapter 308-330 WAC, attached as Exhibit A to B. For the purpose of this section, inattentive c Ordinance No. 4196, is hereby adopted by refer- means the operation of a vehicle in a lax or slack c ence as currently enacted and as hereinafter manner. amended or recodified from time to time,and shall C. For the purposes of this section, the term be given the same force and effect as if set forth highway is defined as set forth in RCW 46.04.197 herein in full. The MTO, in conjunction with the and the term way open to the public is defined as c . other provisions of this chapter,shall constitute the set forth in WAC 200-200-015(8) E traffic ordinance of the city of Kent. As provided a 9-37 (Revised 3/19) Packet Pg. 143 4.E.a 9.36.030 Kent City Code i D. The offense of operating a vehicle in an inat- whether or not affixed to the vehicle,to be operated tentive manner shall be considered to be a lesser at a volume so as to be audible at a distance greater offense than, but included in the offense of, negli- than fifty(50)feet from the vehicle itself. c gent driving in the second degree. B. A violation of this section shall be a traffic O E. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one infraction punishable by a monetary penalty of one hundred fifty dollars($150). hundred fifty dollars ($150), plus all mandatory (Ord.No. 3408, § 7, 7-7-98) a' state costs, fees,and assessments. E (Ord.No. 2716; Ord.No. 3017, § 4, 12-3-91; Ord. 9.36.050 One-way streets and alleys- w i No. 3288, § 1,4-3-96; Ord.No. 3408, § 4, 7-7-98; Penalty. Ord.No.4073, § 1,2-19-13.Formerly Code 1986, A. Upon those streets and parts of streets,and in § 10.02.032) those alleys described in the schedule on file in the ,d city clerk's office,vehicular traffic shall move only 9.36.030 Avoidance of intersection,penalty. in the indicated direction when signs indicating the A. It is unlawful for any person operating a direction of traffic are erected and maintained at motor vehicle on the highways of the city to turn every intersection where movement in the opposite a such vehicle either to the right or to the left upon direction is prohibited. -°a approaching or leaving intersections and to pro- B. Any violation of this section shall be an Q ceed across any private property for the purpose of infraction and punishable by a monetary penalty of avoiding the intersection or any traffic control not more than twenty dollars($20). device controlling the intersection, unless so (Ord. No. 1972, §§ 4, 5; Ord. No. 2085, § 2; Ord. in directed by lawful authority. No. 2313, § 1; Ord.No. 2427, § 4; Ord.No. 2731, 0 B. A violation of this section shall be a traffic § 4; Ord. No. 2940, § 1; Ord. No. 3062, o infraction punishable by a monetary penalty of one § 2(10.06.160), 8-18-92;Ord.No. 3170, § 1,5-24- c hundred dollars ($100). 94.Formerly Code 1986, §§ 10.06.160, 10.06.170) (Ord. No. 2769, § 1; Ord. No. 3017, § 5, 12-3-91; Ord. No. 3408, § 5, 7-7-98. Formerly Code 1986, State law reference(s) - Yield signs, RCW 46.61.425, § 10.02.034) 46.61.435;stop signs,RCW 46.61.435. M N Editor's note-Ord.No. 3170, § 1, adopted May 24, 1994, 9.36.040 Breaking traction-Quick starts. renumbered former§9.36.100 as 9.36.050. x A. No person shall drive any vehicle or motor- w cycle so as to cause, by excessive or unnecessary 9.36.060 Compression brakes restrictions. c acceleration, the tires of any such vehicle or cycle A. Compression brakes prohibited. No person to spin and emit loud noises or to unnecessarily shall use motor vehicle brakes within the city limits c throw stones or gravel. that are in any way activated or operated by the B. A violation of this section shall be a traffic compression of the engine of that motor vehicle or E infraction punishable by a monetary penalty of one any unit or part thereof. It shall be an affirmative vi hundred fifty dollars($150). defense to prosecution under this section that the c� (Ord. No. 3350, § 7, 5-21-97; Ord. No. 3408, § 6, compression brakes where applied in an emer- 7-7-98) gency and were necessary for the protection of per- sons and/or property. Editor's note-Ord.No. 3138, §4, adopted Oct. 19, 1993, B. Violation; penalty. Any person violating o repealed former§9.36.040,which pertained to street closures. these compression brake provisions shall have c 9.36.045 Motor vehicle public disturbance. committed a traffic infraction and a penalty of one CL c A. It is unlawful for any person in control of or hundred dollars ($100) shall be imposed. a operating a motor vehicle to permit sound from the C. Signposting. The director of public works is authorized and directed to post appropriate signs motor vehicle sound system, such as but not lim- consistent with these provisions. c ited to a radio,tape player, or compact disc player, m (Ord.No. 3317, § 1, 10-1-96) E z c� a (Revised 3/19) 9-38 Packet Pg. 144 4.E.a Kent City Code 9.36.120 i 9.36.070 Vehicle weight restrictions. call 9-1-1 to summon emergency services to the A. Operational maximum gross vehicle weight scene. restriction on Kent 5 Bridge at Rock Creek. In 2. Under no circumstances shall the render- accordance with RCW 46.61.450,it is unlawful for ing of assistance or other compliance with the pro- O any person to operate a vehicle or combination of visions of this section be evidence of liability of vehicles over the Kent 5 Bridge at Rock Creek any motor vehicle operator of such accident. located on Kent-Kangley Road with an operational For the purposes of this section, "pedestrian" maximum gross vehicle weight over forty-four means any person who is afoot or who is using a E (44) tons or eighty-eight thousand (88,000) wheelchair, a power wheelchair, an electric per- w i pounds. For purposes of this section, operational sonal assistive mobility device, or a means of con- maximum gross vehicle weight means the maxi- veyance propelled by human power. "Motor mum gross vehicle weight of all load-bearing axles vehicle" shall be as defined in RCW 46.04.320. ,d on the bridge at any one (1) time. School buses, Violation of this section is a gross misdemeanor public transit buses, emergency vehicles, public the maximum penalty of which is three hundred utility or municipal and county vehicles, and solid sixty-four (364) days in jail and a five-thousand- as waste disposal vehicles are exempt from this sec- dollar($5,000)fine. a tion. (Ord.No. 4033, § 1,4-17-12) -°a B. Violations. A violation of this section is a Q traffic infraction under RCW 46.44.105(4), and 9.36.080 Warrant checks. punishable by the allowable monetary penalty, as Law enforcement officers are authorized to may be amended from time to time. In addition to search for outstanding warrants upon making a in any penalty for violation of the provisions of this stop, or upon making contact with a person, for a 0 section,such violator may be liable in a civil action traffic infraction or non-traffic infraction.This pro- o instituted in the name of the city for any damages vision shall be in addition to,and subject to,all cur- 0 to the bridge sustained as a result of such violation. rent and future federal or state legislative 'a (Ord.No. 3816, § 1, 9-19-06) enactments affecting the same. (Ord.No. 3364, § 2, 9-16-97) 9.36.075 Duty in the case of accident with M pedestrian or vehicle propelled by 9.36.090—9.36.110 Reserved. human power. u, The operator of any motor vehicle involved in Editor's note—Ord. No. 3170, § 1, adopted May 24, 1994, �j an accident with a pedestrian,or with a device pro- repealed former §§9.36.050, 9.36.060, 9.36.070, 9.36.080, 9.36.090,9.36.110,which contained provisions relating to the ca pelled by human power operated by any person,or traffic code. W upon which a person is seated, shall do the follow- c ing: 9.36.120 Emergency response caused by 1. Immediately stop such vehicle at the scene person's intoxication—Recovery of of such accident, or as close thereto as possible, costs from convicted person. Vi and return to and remain at the scene of such acci- A person whose intoxication causes an incident Y dent until he or she has given his or her name, resulting in an appropriate emergency response a, address, insurance company, insurance policy and who, in connection with the incident,has been number, and vehicle license number, and exhibit found guilty of or has had his or her prosecution his or her operator's license to the pedestrian or deferred for driving while under the influence of c person operating the device propelled by human intoxicating liquor or any drug pursuant to RCW o power, or, if they are unconscious or incompetent, 46.61.502 or use of a vessel while under the influ- c provide the same information to another person ence of alcohol or drugs pursuant to RCW who he or she reasonably believes is acting on their 79A.60.040 is liable for the expense of the emer- behalf; or,if the pedestrian or person operating the gency response to the incident by a public agency. device propelled by human power is unconscious In no event shall a person's liability under this sec- or incompetent, and there is no one to act on their E behalf, shall immediately, or as soon as possible, c� a 9-39 (Revised 3/19) Packet Pg. 145 4.E.a 9.36.130 Kent City Code i tion for the expense of an emergency response C. Attendance. Attendance at the traffic school exceed two thousand five hundred dollars($2,500) may be a condition of diversion of a traffic infrac- for a particular incident. tion or criminal traffic citation prior to the filing of c The expense of an emergency response is a the infraction or criminal traffic citation. Atten- O charge against the person liable for expenses under dance at the traffic school may also be ordered by this section. The charge constitutes a debt of that the Kent municipal court or agreed to by the pros- person and is collectible by the public agency ecutor as a condition of a sentence, suspended sen- incurring those costs in the same manner as in the tence, deferral of sentence, or continuance in a E case of an obligation under a contract,expressed or criminal case or as condition of a deferred finding w i implied. Following a conviction of an offense in a traffic infraction case. listed in this section, and prior to sentencing, the D. Fee. The police department shall charge a prosecution may present to the court information fee to attend the traffic safety school. The amount ,d setting forth the expenses incurred by the public of the fee shall be established or amended by the agency for its emergency response to the incident. city council by resolution. Fees collected to attend Upon a finding by the court that the expenses are the traffic safety school may be used to: reasonable, the court shall order the defendant to 1. Reimburse the city for the costs of admin- a reimburse the public agency. The cost reimburse- istering the traffic safety school; -°a ment shall be included in the sentencing order as an 2. Provide for safe driver education materials, Q additional monetary obligation of the defendant programs,promotions, and advertising; and may not be substituted for any other fine or 3. Pay the costs associated with the training cost required or allowed by statute. The court may of law enforcement officers and personnel or pur- in establish a payment schedule for the payment of chase law enforcement equipment; or 0 the cost reimbursement, separate from any pay- 4. Pay the costs related to the investigation o ment schedule imposed for other fines and costs. and enforcement of traffic related offenses and c For the purposes of this section, the phrase criminal laws. T expense of an emergency response means reason- E. Policies and procedures. The city shall 0 able costs incurred by a public agency in reason- establish policies and procedures that determine ably making an appropriate emergency response to who shall be eligible for the traffic safety school; M 04 the incident, but shall only include those costs the dates, times, and location in which the traffic directly arising from the response to the particular safety school shall be offered;the curriculum of the x incident. Reasonable costs shall include the costs traffic safety school; and the effect of successful w of providing police, coroner, firefighting, rescue, completion of the traffic safety school. emergency medical services, or utility response at (Ord.No. 4079, § 1, 5-21-13) the scene of the incident, as well as the salaries of the personnel responding to the incident. 9.36.140 School speed zone traffic safety c (Ord.No. 4047, § 1, 9-18-12) cameras. E A. Authorized use of automated traffic safety 01 9.36.130 Traffic safety school. cameras. Pursuant to the authority of RCW v A. Authorized. The traffic safety school is 46.63.170, the city is authorized to use automated Y o� hereby authorized. The traffic safety school shall traffic safety cameras and related automated sys- m be administered and operated by the police depart- tems in order to detect, record, and enforce and ment. prosecute school speed zone violations. o B. Purpose. The purpose of the traffic safety B. Limitation on photos— Use of photos. c school is to create a foundation for safe driving 1. Limitation on photos. Automated traffic a habits by educating participants in the proper,law- safety cameras may only take pictures of the vehi- -°a ful, and safe operation of motor vehicles upon the cle and vehicle license plate and only while an roadway, the rules of the road, the challenges of infraction is occurring. The picture must not reveal driving safely among bicyclists and pedestrians, the face of the driver or of passengers in the vehi- c and the consequences of unsafe driving practices. cle. E z c� a (Revised 3/19) 9-40 Packet Pg. 146 4.E.a Kent City Code 9.36.140 i 2. Use of photos. Notwithstanding any other responsible for an infraction issued pursuant to this provision of law, all photographs, microphoto- section unless the registered owner overcomes the graphs, or electronic images prepared under this presumption in subsection (C)(5) of this section, c section are for the exclusive use of law enforce- or, in the case of a rental car business, satisfies the O ment in the discharge of duties under this section conditions under subsection(C)(4) of this section. and are not open to the public and may not be used If appropriate under the circumstances, a renter in a court in a pending action or proceeding unless identified under subsection(C)(4)of this section is the action or proceeding relates to a violation under responsible for an infraction. E this section. No photograph, microphotograph, or 4. Rental cars. If the registered owner of the w i electronic image may be used for any purpose vehicle is a rental car business, the law enforce- other than enforcement of violations under this sec- ment agency shall, before a notice of infraction is tion nor retained longer than necessary to enforce issued under this section, provide a written notice ,d this section. to the rental car business that a notice of infraction C. Infraction processing — Responsibilities — may be issued to the rental car business if the rental Presumption. car business does not, within 18 days of receiving 0 1. In general. Infractions detected through the written notice,provide to the issuing agency by a the use of automated traffic safety cameras are not return mail: -°a part of the registered owner's driving record under a. A statement under oath stating the name Q RCW 46.52.101 and 46.52.120. Additionally, and known mailing address of the individual driv- 2 infractions generated by the use of automated traf- ing or renting the vehicle when the infraction fic safety cameras shall be processed in the same occurred; or in manner as parking infractions, including for the b. A statement under oath that the business 0 purposes of RCW 3.50.100, 35.20.220, is unable to determine who was driving or renting o 46.16A.120, and 46.20.270(3). the vehicle at the time the infraction occurred c 2. Notice of infraction. A notice of infraction because the vehicle was stolen at the time of the a must be mailed to the registered owner of the vehi- infraction.A statement provided under this subsec- cle within 14 days of the violation, or to the renter tion must be accompanied by a copy of a filed of a vehicle within 14 days of establishing the police report regarding the vehicle theft; or M 04 renter's name and address under subsection(C)(4) c. In lieu of identifying the vehicle opera- of this section.The law enforcement officer issuing tor, the rental car business may pay the applicable x the notice of infraction shall include with it a cer- penalty. w tificate or facsimile thereof,based upon inspection Timely mailing of the statements described in of photographs, microphotographs, or electronic subsections (C)(4)(a) and(b) of this section to the images produced by an automated traffic safety issuing law enforcement agency relieves a rental c camera, stating the facts supporting the notice of car business of any liability under this section for c infraction. This certificate or facsimile is prima the notice of infraction. facie evidence of the facts contained in it and is 5. Presumption. Pursuant to RCW 46.63.075, vi admissible in a proceeding charging a violation in a traffic infraction case involving an infraction v under this section.Any citation or notice of infrac- detected through the use of an automated traffic Y o� tion issued pursuant to this section may be initiated safety camera under this section,proof that the par- 01 by electronic signature of the issuing police officer. ticular vehicle described in the notice of traffic The photographs, microphotographs, or electronic infraction was in violation of a law enforced o images evidencing the violation must be available through the use of the automated traffic safety c for inspection and admission into evidence in a camera,together with proof that the person named a proceeding to adjudicate the liability for the infrac- in the notice of traffic infraction was at the time of -°a tion. A person receiving a notice of infraction the violation the registered owner of the vehicle, based on evidence detected by an automated traffic constitutes in evidence a prima facie presumption safety camera may respond to the notice by mail. that the registered owner of the vehicle was the per- c 3. Registered owner responsible—Rental car son in control of the vehicle at the point where,and E business. The registered owner of a vehicle is for the time during which, the violation occurred. c� a 9-40a (Revised 3/19) Packet Pg. 147 4.E.a 9.36.150 Kent City Code i This presumption may be overcome only if the reg- G. Definition. For the purposes of this section, istered owner states,under oath, in a written state- automated traffic safety camera means a device ment to the court or in testimony before the court that uses a vehicle sensor installed to work in con- that the vehicle involved was, at the time,stolen or junction with an intersection traffic control system, O in the care, custody, or control of some person a railroad grade crossing control system,or a speed other than the registered owner. measuring device, and a camera synchronized to D. Infraction—Penalty. It shall be an infraction automatically record one or more sequenced pho- to exceed the posted speed limit in a school speed tographs, microphotographs, or electronic images E zone enforced through the use of an automated of the rear of a motor vehicle at the time the vehicle w i traffic safety camera. The penalty for an infraction fails to stop when facing a steady red traffic control committed in a school speed zone which is signal or an activated railroad grade crossing con- detected through the use of an automated traffic trol signal, or exceeds a speed limit in a school ,d safety camera shall be $136; provided, the penalty speed zone as detected by a speed measuring shall be $248 for a violation in which the vehicle device. was operated at a speed of 30 miles per hour or (Ord. No. 4080, § 1, 5-21-13; Ord. No. 4298, § 1, more. In addition to the fines provided herein, a 12-11-18) a violator may be assessed any costs and assessments -°a as required or permitted by state law or court rule. 9.36.150 Stoplight traffic safety cameras. Q E. Signs — Payment to vendor — Alternative A. Authorized use of automated traffic safety enforcement. cameras. Pursuant to the authority of RCW 1. School zones must be signed. All locations 46.63.170, the city is authorized to use automated U) where an automated traffic safety camera is used traffic safety cameras and related automated sys- 0 must be clearly marked at least 30 days prior to tems in order to detect, record, and enforce and o activation of the camera by placing signs in loca- prosecute stoplight violations. c tions that clearly indicate to a driver that he or she B. Limitation on photos— Use ofphotos. T is entering a zone where traffic laws are enforced 1. Limitation on photos. Automated traffic by an automated traffic safety camera. safety cameras may only take pictures of the vehi- 2. Payment made to vendor. The compensa- cle and vehicle license plate and only while an M 04 tion paid by the city to the manufacturer or vendor infraction is occurring. The picture must not reveal of the automated traffic safety camera equipment the face of the driver or of passengers in the vehi- x must be based only upon the value of the equip- cle. w ment and services provided or rendered in support 2. Use of photos. Notwithstanding any other of the system,and may not be based upon a portion provision of law, all photographs, microphoto- of the fine or civil penalty imposed or the revenue graphs, or electronic images prepared under this c generated by the equipment. section are for the exclusive use of law enforce- c 3. Alternative enforcement. Nothing in this ment in the discharge of duties under this section section prohibits a law enforcement officer from and are not open to the public and may not be used vi issuing a notice of traffic infraction to a person in in a court in a pending action or proceeding unless v control of a vehicle at the time a violation occurs the action or proceeding relates to a violation under Y o� pursuant to RCW 46.63.030(1)(a), (b), or(c). this section. No photograph, microphotograph, or m F. Use of funds. Funds derived from the use of electronic image may be used for any purpose automated traffic safety cameras shall be used to other than enforcement of violations under this sec- o pay the costs of administering the automated traffic tion nor retained longer than necessary to enforce c safety camera program,including but not limited to this section. a personnel costs, vendor costs, and equipment C. Infraction processing — Responsibilities — -°a costs. Funds in excess of these costs may be used Presumption. to fund personnel, programs, services, and equip- 1. In general. Infractions detected through ment related to the enforcement and processing of the use of automated traffic safety cameras are not c traffic and criminal laws within the city. part of the registered owner's driving record under E RCW 46.52.101 and 46.52.120. Additionally, c� a (Revised 3/19) 9-40b Packet Pg. 148 4.E.a Kent City Code 9.36.150 i infractions generated by the use of automated traf- ing or renting the vehicle when the infraction fic safety cameras shall be processed in the same occurred; or manner as parking infractions, including for the b. A statement under oath that the business c purposes of RCW 3.50.100, 35.20.220, is unable to determine who was driving or renting O 46.16A.120, and 46.20.270(3). the vehicle at the time the infraction occurred 2. Notice of infraction. A notice of infraction because the vehicle was stolen at the time of the must be mailed to the registered owner of the vehi- infraction.A statement provided under this subsec- m cle within 14 days of the violation, or to the renter tion must be accompanied by a copy of a filed E of a vehicle within 14 days of establishing the police report regarding the vehicle theft; or w i renter's name and address under subsection(C)(4) c. In lieu of identifying the vehicle opera- W of this section.The law enforcement officer issuing tor, the rental car business may pay the applicable the notice of infraction shall include with it a cer- penalty. ,d tificate or facsimile thereof,based upon inspection Timely mailing of the statements described in of photographs, microphotographs, or electronic subsections (C)(4)(a) and (C)(4)(b) of this section images produced by an automated traffic safety to the issuing law enforcement agency relieves a as camera, stating the facts supporting the notice of rental car business of any liability under this sec- a infraction. This certificate or facsimile is prima tion for the notice of infraction. -°a facie evidence of the facts contained in it and is 5. Presumption.Pursuant to RCW 46.63.075, Q admissible in a proceeding charging a violation in a traffic infraction case involving an infraction 2 under this section.Any citation or notice of infrac- detected through the use of an automated traffic tion issued pursuant to this section may be initiated safety camera under this section,proof that the par- in by electronic signature of the issuing police officer. ticular vehicle described in the notice of traffic 0 The photographs, microphotographs, or electronic infraction was in violation of a law enforced o images evidencing the violation must be available through the use of the automated traffic safety c for inspection and admission into evidence in a camera,together with proof that the person named a proceeding to adjudicate the liability for the infrac- in the notice of traffic infraction was at the time of 6 tion. A person receiving a notice of infraction the violation the registered owner of the vehicle, based on evidence detected by an automated traffic constitutes in evidence a prima facie presumption M 04 safety camera may respond to the notice by mail. that the registered owner of the vehicle was the per- 3. Registered owner responsible—Rental car son in control of the vehicle at the point where,and x business. The registered owner of a vehicle is for the time during which, the violation occurred. w responsible for an infraction issued pursuant to this This presumption may be overcome only if the reg- section unless the registered owner overcomes the istered owner states,under oath, in a written state- presumption in subsection (C)(5) of this section, ment to the court or in testimony before the court or, in the case of a rental car business, satisfies the that the vehicle involved was,at the time, stolen or c conditions under subsection (C)(4) of this section. in the care, custody, or control of some person If appropriate under the circumstances, a renter other than the registered owner. i identified under subsection(C)(4)of this section is D. Infraction — Penalty. A driver facing a v responsible for an infraction. steady red traffic control signal shall stop and shall Y o� 4. Rental cars. If the registered owner of the remain stopped until an indication to proceed is m vehicle is a rental car business, the law enforce- shown. It shall be an infraction to proceed through ment agency shall, before a notice of infraction is a stoplight at the intersections of two arterials o issued under this section, provide a written notice enforced through the use of an automated traffic c to the rental car business that a notice of infraction safety camera. The penalty for a stoplight infrac- a may be issued to the rental car business if the rental tion detected through the use of an automated traf- -°a car business does not, within 18 days of receiving fic safety camera shall be $136. In addition to the the written notice,provide to the issuing agency by fine provided herein, a violator may be assessed return mail: any costs and assessments as required or permitted c a. A statement under oath stating the name by state law or court rule. E and known mailing address of the individual driv- e a 9-40c (Revised 3/19) Packet Pg. 149 4.E.a 9.36.150 Kent City Code i E. Signs — Payment to vendor — Alternative enforcement. a c� 1. Stoplight locations must be signed. All locations where an automated traffic safety camera 0 is used must be clearly marked at least 30 days prior to activation of the camera by placing signs in locations that clearly indicate to a driver that he or m she is entering a zone where traffic laws are E enforced by an automated traffic safety camera. w i 2. Payment made to vendor. The compensa- tion paid by the city to the manufacturer or vendor of the automated traffic safety camera equipment ,d must be based only upon the value of the equip- ment and services provided or rendered in support of the system,and may not be based upon a portion of the fine or civil penalty imposed or the revenue a generated by the equipment. -°a 3. Alternative enforcement. Nothing in this Q section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs in pursuant to RCW 46.63.030(1)(a), (b),or(c). 0 F. Use of funds. Funds derived from the use of o automated traffic safety cameras shall be used to c pay the costs of administering the automated traffic safety camera program, including, but not limited to personnel costs, vendor costs, and equipment costs. Funds in excess of these costs may be used04 M to fund personnel, programs, services and equip- ment related to the enforcement and processing of x traffic and criminal laws within the city. w G. Definition. For the purposes of this section, automated traffic safety camera means a device that uses a vehicle sensor installed to work in con- c junction with an intersection traffic control system, c a railroad grade crossing control system,or a speed E measuring device, and a camera synchronized to vi automatically record one or more sequenced pho- tographs, microphotographs, or electronic images Y o� of the rear of a motor vehicle at the time the vehicle m fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing con- o trol signal, or exceeds a speed limit in a school c speed zone as detected by a speed measuring a device. -°a (Ord.No. 4297, § 1, 12-11-18) Q m c m E z c� a (Revised 3/19) 9-40d Packet Pg. 150 4.E.a Kent City Code 9.37.040 i Chapter 9.37 or infraction from requesting a trial or hearing as authorized by law. TRAFFIC VIOLATIONS BUREAU (Ord. No. 2258, § 3. Formerly Code 1986, S § 10.04.030) 0 Sections: >, 9.37.010 Definitions. 9.37.040 Same—Duties. 9.37.020 Traffic violations bureau—Created. Duties of the traffic violations bureau shall a' 9.37.030 Same—Acceptance of bail or include among others the following: E monetary penalties. 1. It shall accept designated bail or monetary w 9.37.040 Same—Duties. penalties from and issue receipts to such violators � permitted to and who desire to forfeit bail or who 9.37.010 Definitions. desire to accept the determination that a traffic ,d The following words, terms, and phrases,when infraction has been committed. o: used in this chapter, shall have the meanings 2. It shall keep a proper and complete record ascribed to them in this section, except where the of all bail forfeitures or forfeitures of monetary as context clearly indicates a different meaning: penalties in cases wherein any person has been a Monetary penalties means those sums deter- charged with violation of the traffic ordinances of -°a mined by rules promulgated by the courts of this the city,together with a record of the final disposi- Q state to be appropriate penalties to be assessed for tion of all such alleged offenses and infractions. traffic infractions. 3. It shall keep a record of all serially num- Traffic infraction means any offense designated bered citation forms issued by the police depart- in as a traffic infraction under RCW 46.63.020 and ment to individual police officers, the record to 0 any additions or amendments thereto. include any forms spoiled or upon which an entry o (Ord. No. 2258, § 1. Formerly Code 1986, has been made but the form not issued to an alleged c § 10.04.010) violator. 4. It shall forward to the Aukeen District m Cross reference(s) — Definitions and rules of construction Court the names of those persons who fall to W generally,§ 1.01.030. respond to a traffic citation or notice of traffic M 9.37.020 Traffic violations bureau—Created infraction as the same may be required by any stat- ute ordinance or court rule. N The Kent Traffic Violations Bureau is estab- x lished. The bureau shall operate under the auspices (Ord. No. 2258, § 4. Formerly Code 1986, w of the city finance department and in conjunction § 10.04.040) with the Aukeen District Court. The bureau shall U be staffed by such persons and shall be open at such hours as are designated by the finance director. �a (Ord. No. 2258, § 2. Formerly Code 1986, 0 § 10.04.020) V c� 9.37.030 Same—Acceptance of bail or o� monetary penalties. The traffic violations bureau may accept bail or monetary penalties for those offenses or traffic c infractions which by effect of statute,ordinance,or c court rule may be disposed of other than by manda- c tory court appearance; provided, that this section Q shall not preclude a person charged with an offense c m E z c� Q 9-41 (Revised 6/22) Packet Pg. 151 4.E.a 9.38.010 Kent City Code i Chapter 9.38 9.38.180 Stopping, standing,or parking prohibited in specified places. PARKING* 9.38.185 Parking too far from the curb. 9.38.190 Penalty for violation of certain O Sections: sections. 9.38.010 Findings. 9.38.195 Failure to respond—Penalty. 9.38.015 Vehicle impoundment. 9.38.200 Flood emergency hazardous materials m 9.38.020 No parking zones. parking zone. E 9.38.025 Loading zones and passenger loading W *Editor's note—Ord.No.3189 § 1,adopted October 4,1994 zones. ° repealed former§§9.38.070 and 9.38.090 which pertained to v 9.38.030 Parking in fire lanes—Penalty. per c one-hour parking zones and 15-minute parking zones, and i 9.38.035 Electric vehicle parking space— substantially revised Ch.9.38. Penalty. ° 9.38.040 Arterial and highway parking Cross reference(s)—Duties of the parking enforcement aide, o: prohibited. §2.22.060;off-street parking regulations,§ 15.05.030 et seq.; 9.38.045 Parkin prohibited from 10:00 m.to parking and storage of vehicles,§ 15.08.090. W Parking p a 6:00 a.m. ° 9.38.010 Findings. 9.38.050 Parking prohibited from 4:00 a.m. to The Kent Traffic Code adopts by reference the 7:00 a.m. Model Traffic Ordinance,set forth in Chapter 308- 9.38.055 Parking in City Hall parking lot and 330 WAC.The Model Traffic Ordinance,pursuant Centennial Center parking garage. in 9.38.060 Two-hour parking zones. to RCW 46.61.570, authorizes a municipality such o as the city of Kent,by ordinance,to restrict parking 9.38.065 Four-hour parking zones. and establish no parking zones on city streets and ° 9.38.070 Holiday parking—Penalty. other rights-of-way.The city council finds that it is CL o 9.38.080 Thirty-minute parking zones. necessary and appropriate, for public safety rea- 9.38.085 Seasonal no parking zone—Lake sons, to adopt an ordinance establishing restricted Meridian. parking and no parking zones on city streets and 9.38.090 Repealed. M other rights-of-way within the city of Kent. N 9.38.095 Reparking in same block to avoid (Ord. No. 2857, § 1, 7-5-89; Ord. No. 3189, § 1, citation. 10-4-94; Ord. No. 3974, § 1, 9-21-10; Ord. No. X 9.38.100 Compliance with state law. W 9.38.110 Parking prohibited within 10 feet of 4428, § 1,4-19-22) mailboxes—Penalty. ° 9.38.120 Parking and storage of large vehicles 9.38.015 Vehicle impoundment. A. Remedial action. In addition to those tows on city streets—Finding. 9.38.130 Parking and storage of large vehicles and impounds generally authorized under the law or the Model Traffic Ordinance adopted through E on city streets—Penalty and KCC 9.36.010, a police officer may additionally Vi exemptions. authorize a vehicle towed in accordance with v 9.38.140 Parking of certain trailers or semi- Y trailers—Penalty. Chapter 9.39 KCC if the officer: (1)finds the vehi- 9.38.145 Parking of recreational vehicles,boats cle is parked in violation of this chapter, (2) deter- +, mines such remedial action is needed to preserve or vessels, and trailers. the public health, safety, and welfare, and (3) has ° 9.38.150 Parking an unlicensed vehicle or a first pursued reasonable alternatives before exer- g vehicle with switched license plates or cising their discretion to have the vehicle removed. 0. tabs—Penalty. .a ° 9.38.160 Municipal parking facilities regulated An impound decision is not punitive.Accordingly, Q if a police officer elects to have a vehicle towed and m —Penalty. impounded under Chapter 46.55 RCW, the police 9.38.170 Parking permits and passes or officer shall not also issue an infraction for any exemptions. civil violation that relates solely to the manner in E 9.38.175 Residential parking zone. c� a (Revised 6/22) 9-42 Packet Pg. 152 4.E.a Kent City Code 9.38.020 i which the vehicle is parked, stopped, or otherwise 13. 30th Avenue South: from South 240th located.This limitation,however,does not apply to Street to Kent-Des Moines Road(SR 516). any criminal charges or to any infractions issued 14. 36th Place South: from South 272nd for moving, licensing, registration, inspection, or Street to 35th Lane South. O insurance violations. 15. 42nd Avenue South: from Reith Road to B. Junk vehicles-Authority. For purposes of au- South 260th Street. thorizing the removal of any junk vehicle located 16. 43rd Avenue South: the cul-de-sac north m on public property or within the right-of-way in ac- of 42nd Place South and the attached spur road to E cordance with RCW 46.55.230, the city's public the north. w works director or designee is deemed the public of- 17. 54th Avenue South: from South 228th 0) facial having jurisdiction over such property within Street to South 226th Street. the city limits of Kent. 18. 58th Place South: from Russell Road to ,d (Ord.No. 4428, § 1,4-19-22) South 194th Street. 19. 58th Place South: from South 226th 9.38.020 No parking zones. Street to south end of 58th Place South. A. At such time as the traffic engineer shall 20. 62nd Avenue South: from South 190th a place the appropriate sign or signs, it shall be ille- Street to South 196th Street. -°a gal to park any motor vehicle or other vehicle, as 21. 64th Avenue South: from south end of Q those terms are defined in Chapter 46.04 RCW, at road to South 212th Street. any time upon and on either side of, unless other- 22. 66th Avenue South: from South 196th wise indicated,the following roadways or portions Street to South 190th Street. in thereof: 23. 72nd/70th Avenue South: from South 0 1. 1st Avenue North: from the intersection of 228th Street to South 180th Street (43rd Avenue o West James Street to the north end of 1st Avenue South). c North, east side only. 24. 72nd Avenue South: from South 262nd T 2. 1 st Avenue North: from West James Street Street to South 277th Street. m to West Smith Street, east side only. 25. 74th Avenue South: from South 259th 3. 2nd Avenue North: from West Smith Street to West Willis Street(SR 516). 04 M Street to West Harrison Street. 26. 76th Avenue South: from South 228th 4. 2nd Avenue North: from South 228th Street to South 212th Street. u, Street to south end of street. 27. 77th Avenue South: from South 212th w 5. 4th Avenue North and South: from SR Street to north end of road. 516/West Willis Street to South 228th Street. 28. 80th Avenue South: from South 180th a� 6. 5th Avenue North: from West James Street Street(43rd Avenue South) to South 196th Street, c to north end of 5th Avenue North. and 80th Avenue South from South 200th Street to c 7. 6th Avenue North:from South 228th Street South 208th Street. E to south end of street. 29. 80th Place South: from 80th Avenue 01 8. 6th Avenue South: from West Meeker South to 84th Avenue South. v Street to West Gowe Street. 30. 81 st Avenue South: from South 200th Y o� 9. 26th Avenue South: both sides from South Street to South 196th Street. m 272nd Street to 500 feet north of South 272nd 31. 83rd Avenue South: from South 228th Street and on 26th Avenue South from South Street to South 224th Street. o 272nd Street to end of 26th Avenue South, east 32. 84th Avenue South/East Valley High- c side only. way/Central Avenue North/Central Avenue South: a 10. 27th Avenue South: from South 240th from South 180th Street (43rd Avenue South) to -°a Street to end of 27th Avenue South. the Green River Bridge. 11. 27th Place South: from South 259th Place 33. 88th Avenue South: from East James north to South 256th Street. Street to South 218th Street. c 12. 28th Avenue South: from South 240th 34. 94th Avenue South: from Canyon Drive E Street to end of 28th Avenue South. to South 240th Street. U c� a 943 (Revised 6/22) Packet Pg. 153 4.E.a 9.38.020 Kent City Code i 35. 97th Place South: from Canyon Drive to 56. 129th Place Southeast: from 70 feet north 100th Avenue Southeast. of Southeast 225th Court to Southeast 225th Court, 36. 100th Avenue Southeast: from Southeast west side only. 248th Street to Southeast 218th Street. 57. 129th Place Southeast: from 120 feet O 37. 101st Avenue Southeast: from Southeast south of Southeast 225th Court to Southeast 226th 256th Street(SR 516)to Southeast 260th Street. Place, east side only. 38. 102nd Avenue Southeast: from Southeast 58. 129th Place Southeast: from Southeast a' 240th Street to the north end of 102nd Avenue 226th Place to 185 feet north of end of road, west E Southeast. side only. w i 39. 104th Avenue Southeast (SR 515): from 59. 132nd Avenue Southeast: from Southeast Southeast 272nd Street to north city limits. 236th Street to Southeast 288th Street. 40. 108th Avenue Southeast: from Southeast 60. 132nd Place Southeast: from Southeast ,d 281st Street to Kent-Kangley Road(SR 516). 227th Street to Southeast 227th Place, east side 41. 108th Avenue Southeast: from Southeast only. 244th Street to Southeast 236th Place. 61. 133rd Place Southeast: from Southeast as 42. 109th Avenue Southeast: from Southeast 226th Street to Southeast 227th Street, west side a 256th Street to Southeast 248th Street. only. -°a 43. 112th Avenue Southeast: from south end 62. 134th Place Southeast: from Southeast Q of 112th Avenue Southeast to Southeast 232nd 224th Place to Southeast 225th Place, east side Street. only. 44. 114th Avenue Southeast: from Kent- 63. 134th Place Southeast: from Southeast in Kangley Road to south end of street. 227th Street to Southeast 227th Place, east side 0 45. 116th Avenue Southeast: from Southeast only. o 227th Place to Southeast 274th Way. 64. 135th Avenue Southeast: from Southeast c 46. 116th Avenue Southeast: from Southeast 252nd Street to Southeast 253rd Place, west side 248th Street to Southeast 256th Street, west side only. only. 65. 140th Avenue Southeast: from Southeast 47. 117th Avenue Southeast: from Southeast 256th Street to Southeast 260th Street. 04 M 244th Street to end of street. 66. 144th Avenue Southeast: from Kent- 48. 118th Avenue Southeast: from Southeast Kangley Road(SR 516)to Southeast 288th Street. u, 244th Street to the north end of street. 67. 148th Avenue Southeast: from Southeast w 49. 119th Avenue Southeast: from Southeast 256th Street to Southeast 240th Street. 244th Street to the north end of street. 68. 148th Avenue Southeast/152nd Way 50. 119th Avenue Southeast/l19th Place Southeast: from north city boat ramp to Kent- Southeast: from Southeast 244th Street to South- Kangley Road(SR 516). c east 244th Street. 69. 152nd Avenue Southeast/152nd Way E 51. 120th Avenue Southeast:from the gate on Southeast: from Kent-Kangley Road (SR 516) to 01 Southeast 268th Street to Southeast 270th Street, SR 18. v north and east sides only. 70. Alder Lane/South 262nd Street: from Y rn 52. 124th Avenue Southeast: from Southeast Central Avenue South to 500 feet east of Central m 248th Street to Southeast 282nd Street. Avenue South. p 53. 128th Avenue Southeast: from Southeast 71. Cambridge Way: 200 feet south of South o 226th Place to Southeast 227th Street, west side 262nd Street,west side only. c only. 72. East Canyon Drive: from Hazel Avenue a 54. 128th Avenue Southeast/Southeast 227th North to 101st Avenue Southeast. -°a Street: on the curve from 128th Avenue Southeast 73. East Gowe Street/West Gowe Street: a m to Southeast 227th Street,northeast side only. from Railroad Avenue South to 1 st Avenue South. 55. 128th Place Southeast: from Southeast 74. East Gowe Street: from Railroad Avenue c 226th Place to Southeast 227th Street, east side South to Central Avenue South, south side only, E E only. c� a (Revised 6/22) 9-44 Packet Pg. 154 4.E.a Kent City Code 9.38.020 i and from Central Avenue South to Kennebeck 94. Lakeside Boulevard West: from Lakeside Avenue South. Boulevard East to South 228th Street. c� 75. East Harrison Street: from 140 feet west 95. Landing Way: from 64th Avenue South c of 4th Avenue North to 4th Avenue North, south to West Valley Highway. 0 side only. 96. Lincoln Avenue North: from West 76. East Meeker Street/West Meeker Street: Meeker Street to West James Street. m from Railroad Avenue South to 1st Avenue South. 97. Maple Street South: from Woodland Way a' 77. East Pioneer Street: from 170 feet east of South to Garfield Avenue South, south side only. E Central Avenue to State Avenue, south side only, 98. Military Road South/36th Avenue w i and from Central Avenue South to 200 feet east of South/Military Road South: from South 228th 0) Central Avenue,north side only. Street to South 272nd Street. 78. East Pioneer Street: from Railroad Ave- 99. Novak Lane: from Central Avenue to ,d nue North to Central Avenue North. west end of street. 79. East Titus Street: from 3rd Avenue South 100. Ramsay Way:from 4th Avenue North to to 4th Avenue South, north side only; police vehi- 230 feet east of 4th Avenue North. as cle parking only. 101. Ramsay Way: from 350 feet east of 4th a 80. East Titus Street: from West Gowe Street Avenue North to 440 feet east of 4th Avenue -°a to Reiten Road South, southeast side only. North, south side only. Q 81. East Titus Street/West Titus Street: from 102. Ramsay Way: from 350 feet east of 4th Railroad Avenue South to 1 st Avenue South. Avenue North to 480 feet east of 4th Avenue 82. East Titus Street: from East Smith Street North,north side only. in to Reiten Road South. 103. Ramsay Way: from 520 feet east of 4th o 83. Frager Road South: from West Meeker Avenue North to 150 feet north of West Temper- o Street to South 204th Street. ance Street. c 84. Green River Road: from the north city 104. Ramsay Way: from West Temperance T limits to a point 600 feet southerly of the north city Street to West Smith Street. limits. 105. Riverview Boulevard: from South 216th 85. Green River Road: from a point 700 feet Street to South 232nd Street. M 04 southerly of the north city limits to a point 830 feet 106. Russell Road South: from end of street southerly of the north city limits,west side only. at Green River Trail to West James Street. u, 86. Green River Road: from a point 790 feet 107. Russell Road South: from South 228th w southerly of the north city limits to a point 885 feet Street to South 212th Street. southerly of the north city limits, east side only. 108. South 188th Street: from West Valley (D 87. Green River Road: from a point 770 feet Highway (SR 181) to 72nd Avenue South, and c northerly of the south city limits to a point 200 feet South 188th Street from a point 960 feet west of c northerly of the south city limits,west side only. 80th Avenue South westerly to the end of the street E 88. Green River Road: from a point 775 feet at the BNSF Railway Company tracks. 1 northerly of the south city limits to the south city 109. South 190th Street: from West Valley v limits, east side only. Highway to 72nd Avenue South. Y o� 89. Green River Road: from a point 50 feet 110. South 192nd Street:from the west end of m northerly of the south city limits to the south city the road to 84th Avenue South. limits,west side only. 111. South 194th Street: from 58th Place o 90. Interurban Trail Street: from Meeker South to 66th Avenue South. 0 Street to Smith Street. 112. South 194th Street: from 84th Avenue a 91. Kennebeck Avenue South: from East South to west end of street at BNSF Railway Com- -oa Smith Street to East Ward Street. pany tracks. 92. Lake Fenwick Road: from South Reith 113. South 196th Street/Russell Road/South Road to South 272nd Street. 200th Street: from 84th Avenue South to the Green c 93. Lakeside Boulevard East: from South River. E E 240th Street to South 228th Street. U c� a 945 (Revised 6/22) Packet Pg. 155 4.E.a 9.38.020 Kent City Code i 114. South 200th Street: from 80th Avenue 137. South 268th Street: from Military Road South to 84th Avenue South. South to Princeton Avenue South. c� 115. South 202nd Street: from 80th Avenue 138. South 272nd Street: from Lake Fenwick c South to west end of street at BNSF Railway Com- Road South to 42nd Avenue South,north side only. 0 pany tracks. 139. South 277th Street and Southeast 274th 116. South 204th Street: from West Valley Way: from 700 feet east of L Street NE to 116th Highway(SR 181)to 72nd Avenue South. Avenue Southeast. a' 117. South 206th Street: from 72nd Avenue 140. South Central Place: from South 266th E South to 77th Avenue South. Street to the end of South Central Place. w i 118. South 208th Street: from 80th Avenue 141. Southeast 211th Street: from 160 feet South to west end of street at BNSF Railway Com- east of 127th Place Southeast to end of street,north pany tracks. side only. ,d 119. South 208th Street: from 84th Avenue 142. Southeast 224th Place: from 133rd Ave- o: South to 96th Avenue South. nue Southeast to 134th Place Southeast, south side 120. South 212th Street:from west city limits only. to east city limits. 143. Southeast 225th Court: from 60 feet a 121. South 216th Street: from 64th Avenue south of end of road to 129th Place Southeast, -°a South to 72nd Avenue South. southwest side only. Q 122. South 216th Street: from 84th Avenue 144. Southeast 225th Place: from 132nd r South to the west end at BNSF Railway Company Place Southeast to 133rd Avenue Southeast, north tracks. side only. in 123. South 218th Street: from 84th Avenue 145. Southeast 226th Place: from 130 feet 0 South to SR 167. east of 127th Avenue Southeast to 128th Avenue o 124. South 220th Street: from West Valley Southeast, south side only. c Highway(SR 181)to 72nd Avenue South. 146. Southeast 226th Place: from 128th Ave- 125. South 222nd Street: from west end at nue Southeast to 129th Place Southeast,north side BNSF Railway Company tracks to SR 167. only. 126. South 224th Street: from 83rd Avenue 147. Southeast 227th Street: from 128th Ave- 04 M South to east end of road. nue Southeast to 128th Place Southeast, south side 127. South 226th Street: from 54th Avenue only. u, South to 64th Avenue South. 148. Southeast 227th Street/128th Place w 128. South 228th Street: from Russell Road Southeast: on the curve from Southeast 227th South to 83rd Avenue South. Street to 128th Place Southeast, northwest side 129. South 231st Way: from Military Road only. South to Russell Road South. 149. Southeast 227th Street: from 132nd c 130. South 234th Street: from West Valley Place Southeast to 134th Place Southeast, south E Highway to east end of street. side only. 01 131. South 236th Street: from Lakeside Bou- 150. Southeast 236th Street: from 104th Ave- v levard East to 64th Avenue South. nue Southeast (SR 515) to 108th Avenue South- Y o� 132. South 240th Street: from 27th Avenue east, south side only. m South to I-5. 151. Southeast 239th Street: from 102nd 133. South 252nd Street: from Canyon Drive Avenue Southeast to 104th Avenue Southeast. o (SR 516)to east end of road. 152. Southeast 244th Street:from 120th Ave- c 134. South 256th Street: from 27th Place nue Southeast to 116th Avenue Southeast. a South east to the traffic control gate. 153. Southeast 248th Street: from 104th Ave- -°a 135. South 259th Street: from 74th Avenue nue Southeast to 116th Avenue Southeast, south a m South to east city limits. side only. 136. South 260th Street/South 259th 154. Southeast 248th Street: in front of c Place/Reith Road: from SR 99 (Pacific Highway George Daniels Elementary School. E South)to Kent-Des Moines Road(SR 516). c� a (Revised 6/22) 9-46 Packet Pg. 156 4.E.a Kent City Code 9.38.030 i 155. Southeast 252nd Street: from 200 feet B. Penalty. Any violation of the provisions of west of 133rd Place Southeast to 135th Avenue this section shall be an infraction punishable by a Southeast,north side only. monetary penalty of$50. c 156. Southeast 253rd Place: from 90 feet (Ord. No. 3790, § 2, 3-7-06; Ord. No. 3846, § 1, O west of 135th Avenue Southeast to 136th Avenue 7-17-07; Ord. No. 3859, § 1, 9-18-07; Ord. No. East, south side only. 3862, § 1, 11-20-07; Ord. No. 3881, § 1, 5-6-08; 157. Southeast 256th Street: from 101st Ave- Ord.No.3918,§ 1,6-16-09;Ord.No.3974,§ 1,9- m nue Southeast to 148th Avenue Southeast. 21-10;Ord.No.3993,§ 1,3-15-11;Ord.No.4008, E 158. Southeast 260th Street:from 100th Ave- § 1, 12-13-11; Ord. No. 4078, § 1, 4-16-13; Ord. w i nue Southeast/97th Place South to 108th Avenue No.4223, § 1, 12-13-16; Ord.No.4283, § 1,7-17- Southeast. 18;Ord.No.4424, § 1, 1-4-22;Ord.No.4428, § 1, 159. Southeast 264th Street:from 124th Ave- 4-19-22) ,d nue Southeast to 127th Avenue Southeast, north o: side only. 9.38.025 Loading zones and passenger 160. Southeast 267th Street: from 102nd loading zones. Avenue Southeast to 104th Avenue Southeast, A. As authorized pursuant to WAC 308-330- a north side only. 265, 308-330-439, and 308-330-442, the traffic -°a 161. Southeast 282nd Street: from 132nd engineer shall have the authority to establish load- Q Avenue Southeast to 144th Avenue Southeast. ing zones and passenger loading zones at such 2 162. SR 99 (Pacific Highway South): from locations and during said times as posted by the Kent-Des Moines Road (SR 516) to South 272nd traffic engineer. Except to load and unload vehi- in Street. cles,it shall be illegal to park any motor vehicle or 0 163. West Cloudy Street: from 4th Avenue other vehicle at any time upon that portion of the o North to 5th Avenue North. road right-of-way established as a loading zone or c 164. West Gowe Street: from 6th Avenue passenger loading zone as posted by the traffic a South to 300 feet east of 6th Avenue South. engineer,unless otherwise indicated. 165. West James Street/East James B. Penalty. Any violation of the provisions of Street/South 240th Street/Southeast 240th Street: this section shall be an infraction punishable by a M 04 from Russell Road to 148th Avenue Southeast. monetary penalty of$50. 166. West Meeker Street: from Kent-Des (Ord. No. 3363, § 1, 9-16-97; Ord. No. 3974, § 1, x Moines Road(SR 516)to 6th Avenue South. 9-21-10; Ord.No. 4428, § 1,4-19-22) w 167. West Saar Street:from west end of street to 4th Avenue South, south side only. 9.38.030 Parking in fire lanes—Penalty. 168. West Sam Street: from West Valley A. Parking prohibited. Except when necessary Highway (SR 181/Washington Avenue) to end of to temporarily avoid conflict with other moving c street. traffic or in compliance with the direction of a E 169. West Smith Street/East Smith Street: police officer,fire official,traffic control sign, sig- VI from 64th Avenue South to Jason Avenue South. nal, or device,no person shall: v 170. West Temperance Street: from Ramsay 1. Stop, stand, or park a vehicle, whether Y o� Way to 1st Avenue North. occupied or not,within any fire lane except: m 171. West Valley Highway South/Washing- a. Momentarily to pick up or discharge a ton Avenue South/Washington Avenue North/68th passenger or passengers; or o Avenue South: from south city limits to north city b. Temporarily for the purpose of and while c limits. actually engaged in loading or unloading property. a 172. West Willis Street/East Willis Street: 2. Allow continued violations of this section -°a from 4th Avenue South to Central Avenue South. on private property which they own or manage. 173. Woodland Way South: from East Maple Street to South 262nd Street. c m E z c� a 9-47 (Revised 6/22) Packet Pg. 157 4.E.a 9.38.035 Kent City Code i B. Penalty. Any violation of the provisions of 9.38.045 Parking prohibited from 10:00 p.m. this section shall be an infraction punishable by a to 6:00 a.m. monetary penalty of$50. A. At such time as the traffic engineer shall (Ord.No.2296,§ 2;Ord.No.2434;Ord.No.2615, place the appropriate sign,it shall be illegal to park O § 1; Ord. No. 2663, § 1; Ord. No. 2920, any motor or other vehicle between the hours of § 1(13.02.030),4-17-90;Ord.No. 3189, § 1, 10-4- 10:00 p.m. and 6:00 a.m., unless otherwise indi- 94; Ord. No. 3963, § 1, 6-15-10; Ord. No. 3974, cated, at the following locations: a' § 1,9-21-10;Ord.No.4428, § 1,4-19-22.Former- 1. Green River Road: from a point 600 feet E ly Code 1986, § 13.02.030) southerly of the north city limits to a point 700 feet w i southerly of the north city limits,west side only. as Note-Formerly§9.38.025. 2. Green River Road: from a point 600 feet southerly of the north city limits to a point 790 feet ! 9.38.035 Electric vehicle parking space- southerly of the north city limits, east side only. Penalty. 3. Green River Road: from a point 955 feet A. No person shall park any nonelectric vehicle northerly of the south city limits to a point 770 feet in a parking space designated as an electric vehicle northerly of the south city limits,west side only. a parking space. °a 4. Green River Road: from a point 915 feet -fr B. No person shall park an electric vehicle in an northerly of the south city limits to a point 775 feet Q electric vehicle parking space if the vehicle is not r northerly of the south city limits, east side only. connected to charging equipment. 5. Green River Road: from a point 200 feet C. No person shall park an electric vehicle in an northerly of the south city limits to a point 50 feet U) electric vehicle parking space for longer than the northerly of the south city limits,west side only. o posted time. 6. South 203rd Street: from 100th Avenue SE o D. It is a violation of this chapter for any person westerly approximately 600 feet to the westerly CL c to stop,stand,or park an electric vehicle in an elec- boundary of Chestnut Ridge Park. tric vehicle parking space which requires a fee for `° 7. SE 276th Place: from the easterly bound- charging without paying the posted fee. ary of Springwood Park westerly approximately E. Penalty. Any violation of the provisions of 425 feet to the westerly boundary of Springwood CD M this section shall be an infraction punishable by a park,north side. 04 monetary penalty of$50. B. Penalty. Any violation of the provisions of u, (Ord.No.4223, § 2, 12-13-16; Ord.No.4428, § 1, this section shall be an infraction punishable by a w 4-19-22) monetary penalty of$50. (Ord.No. 3328, § 1, 12-10-96;Ord.No. 3352, § 1, 9.38.040 Arterial and highway parking 6-17-97; Ord. No. 3934, § 1, 11-3-09; Ord. No. c prohibited. 3974, § 1, 9-21-10; Ord. No. 4424, § 2, 1-4-22; c A. Parking is prohibited on four-lane highways Ord.No. 4428, § 1,4-19-22) or arterials unless otherwise designated by sign or Oi posting. 9.38.050 Parking prohibited from 4:00 a.m. v B. Penalty. Any violation of the provisions of 1 to 7:00 a.m. � this section shall be an infraction punishable by a A. At such time as the traffic engineer shall 01 monetary penalty of$50. place the appropriate sign,it shall be illegal to park (Ord. No. 2660, § 3; Ord. No. 3189, § 1, 10-4-94; any motor or other vehicle between the hours of o Ord.No. 3974, § 1,9-21-10;Ord.No.4428, § 1,4- 4:00 a.m. and 7:00 a.m., except Sundays and holi- c 19-22. Formerly Code 1986, § 10.07.010) days, on either side of,unless otherwise indicated, a the following locations: -°a Note-Formerly§9.38.030. Q 1. Meeker Street: from Fourth Avenue to � State Avenue. 2. Gowe Street: from Meeker Street to State c Avenue. E E z c� a (Revised 6/22) 9-48 Packet Pg. 158 4.E.a Kent City Code 9.38.060 i 3. Titus Street: from Fourth Avenue to Cen- open for use by the general public. Visitors may tral Avenue. not park vehicles in any parking space that is 4. First Avenue: from Smith Street to Titus marked or otherwise designated for use by city Street. employees or reserved for city vehicles. O 5. Second Avenue: from Harrison Street to B. Reserved parking. The second and third Saar Street. floors of the Centennial Center parking garage, 6. Railroad Avenue: from James Street to including the ramps leading to and from each floor, m Titus Street. are reserved exclusively for use by authorized city E 7. State Avenue: from Smith Street to Gowe employees or to park city vehicles as determined w i Street. appropriate by the mayor or designee. These park- 0) 8. First Avenue: from James Street to Smith ing facilities are not otherwise open for use by the Street. general public or visitors to the City Hall campus. ,d B. Penalty. Any violation of the provisions of C. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a this section shall be an infraction punishable by a monetary penalty of$50. monetary penalty of$50. (Ord.No. 1972, § 3; Ord. No. 2017, § 3; Ord.No. (Ord. No. 4239, § 1, 3-21-17; Ord. No. 4428, § 1, a 2731, § 3; Ord. No. 3189, § 1, 10-4-94; Ord. No. 4-19-22) -°a 3974, § 1, 9-21-10. Formerly Code 1986, Q § 10.06.150; Ord. No. 4223, § 3, 12-13-16; Ord. 9.38.060 Two-hour parking zones. No. 4428, § 1,4-19-22) A. Two-hour parking limit. Except as provided for under KCC 9.38.070 and 9.38.170, at such in Note-Formerly§9.38.040. times as the director of public works or designee o shall place the appropriate sign, or the facilities o 9.38.055 Parking in City Hall parking lot and superintendent for municipal parking facilities, it CL c Centennial Center parking garage. shall be illegal to park any motor or other vehicle 'a Except as provided for under KCC 9.38.070 and `° for an uninterrupted period in excess of two hours 9.38.170, it is illegal to park a vehicle in the park- between the hours of 9:00 a.m. and 6:00 p.m. on ing lot between City Hall and the Centennial Cen- either side of, unless otherwise indicated, the fol- M ter,or within the Centennial Center parking garage, 04 lowing streets, parking lots, parking garages, or in violation of this section. portions thereof: u, A. No general public parking during business 1. Centennial parking garage: that portion of w hours. Monday through Friday,between the hours 'a the first floor as posted or otherwise marked. A of 9:00 a.m.and 6:00 p.m.,the parking lot between vehicle that displays a valid disabled parking plac- City Hall and the Centennial Center, and the first U and or disabled license plate is exempt from the c floor of the Centennial Center parking garage, are two-hour limitation. to c reserved for use by individuals who visit the City 2. City Hall parking lot between City Hall 'a Hall campus to attend a city-sponsored event at and the Centennial Building: all parking stalls VI City Hall,the Centennial Center,or the Kent police unless otherwise posted or marked. A vehicle that V department; to conduct business at City Hall, the 1 displays a valid disabled parking placard or dis- � Centennial Center, or the Kent police department; abled license plate is exempt from the two-hour m or to otherwise make use of the amenities or ser- limitation. vices offered at City Hall,the Centennial Center,or 3. Clark Avenue North: from East Smith o the Kent police department. Such visitors may park Street to East Temperance Street,west side only. c within the City Hall parking lot, or within those 4. East Pioneer Street: from Central Avenue a spaces on the first floor of the Centennial Center North easterly approximately 150 feet to the alley -°a parking garage that are marked or otherwise desig- Q east of Central Avenue North, south side only. � nated as available for use by visitors,and as limited 5. First Avenue North and First Avenue in time or otherwise restricted by this chapter and South: from a point 200 feet north of West Meeker c official signs or markings. During such business Street to West Titus Street. hours, these parking facilities are not otherwise c� a 9-49 (Revised 6/22) Packet Pg. 159 4.E.a 9.38.065 Kent City Code i 6. Railroad Avenue North and Railroad Ave- lowing streets, public parking lots, public parking nue South: from East James Street to East Smith garages, or portions thereof: Street,east side only;and from East Smith Street to 1. East George Street: from Central Avenue East Gowe Street. North to State Avenue North. O 7. Ramsay Way: from 230 feet east of 4th 2. State Avenue North:from 175 feet south of Avenue North to 350 feet east of 4th Avenue East George street to north end of road, west side North. only. a' 8. Ramsay Way: from 440 feet east of 4th 3. Railroad Avenue North and Railroad Ave- E Avenue North to 520 feet east of 4th Avenue nue South: from East Smith Street to East Gowe w i North, south side only. Street. 9. Ramsay Way: from 480 feet east of 4th Provided, that this section shall not apply on Avenue North to 520 feet east of 4th Avenue Sundays or holidays. ,d North,north side only. B. Four-hour parking limit — At all times. 10. Ramsay Way: from 30 feet north of West Except as provided for under KCC 9.38.070 and Temperance Street to 150 feet north of West Tem- 9.38.170, at such times as the director of public perance Street. works or designee shall place the appropriate sign, a 11. Second Avenue North and Second Ave- it shall be illegal to park any motor or other vehicle -°a nue South: from West Harrison Street to West for an uninterrupted period in excess of four hours Q Titus Street. at any time on either side of,unless otherwise indi- 12. State Avenue North and State Avenue cated, the following streets, public parking lots, South: from East Smith Street to East Gowe Street. public parking garages, or portions thereof: U) 13. West Gowe Street and East Gowe Street: 1. West Smith Street: from 64th Avenue 0 from Fourth Avenue South to Central Avenue South to Washington Avenue. o South. C. Penalty. Any violation of the provisions of c 14. West Meeker Street and East Meeker this section shall be an infraction punishable by a Street: from Fourth Avenue to State Avenue. monetary penalty of$30. 15. West Harrison Street: from Fourth Ave- (Ord.No.4114, § 1,6-3-14; Ord.No.4239, § 3,3- nue North to Second Avenue North. 21-17; Ord.No. 4322, § 2, 5-7-19; Ord.No. 4428, 04 M 16. West Titus Street: from Second Avenue § 1,4-19-22) South to First Avenue South,north side only. u, Provided, that this section shall not apply on 9.38.070 Holiday parking—Penalty. w Sundays or holidays. A. From the day after Thanksgiving until Janu- B. Penalty. Any violation of the provisions of ary 2nd of the following year,all two-hour parking this section shall be an infraction punishable by a zones shall be considered three-hour parking monetary penalty of$30. zones, and it shall be illegal to park any motor or c (Ord.No. 3790, § 4,3-7-06; Ord.No. 3974, § 1,9- other vehicle for an uninterrupted period in excess E 21-10; Ord.No. 4114, § 1, 6-3-14; Ord.No. 4239, of three hours between the hours of 9:00 a.m. and vi § 2, 3-21-17; Ord.No. 4322, § 1, 5-7-19; Ord.No. 6:00 p.m. on the roadways designated in KCC v 4428, § 1,4-19-22) 9.38.060 as two-hour parking zones.There shall be Y o� no enforcement of limited duration parking restric- m 9.38.065 Four-hour parking zones. tions,in those zones designated for two-hour park- A. Four-hour parking limit—During business ing, on Saturdays during the period from the day o hours. Except as provided for under KCC 9.38.070 after Thanksgiving until January 2nd of the follow- c and 9.38.170,at such times as the director of public ing year. a works or designee shall place the appropriate sign, B. A violation of this section shall be an infrac- -°a it shall be illegal to park any motor or other vehicle tion and punishable by a monetary penalty of$50. a m for an uninterrupted period in excess of four hours (Ord. No. 2444, § 1; Ord. No. 3062, § 4 between the hours of 9:00 a.m. and 6:00 p.m. on (10.06.130), 8-18-92; Ord.No. 3189, § 1, 10-4-94; c either side of, unless otherwise indicated, the fol- Ord.No.3963, § 2,6-15-10;Ord.No.3974, § 1,9- E z c� a (Revised 6/22) 9-50 Packet Pg. 160 4.E.a Kent City Code 9.38.100 i 21-10; Ord.No. 4114, § 1, 6-3-14; Ord.No. 4428, B. A violation of this section shall be an infrac- § 1,4-19-22. Formerly Code 1986, § 10.06.130) tion and shall be punishable by a monetary penalty of$50. Note-Formerly§9.38.060. (Ord. No. 3463, § 1, 6-15-99; Ord. No. 3974, § 1, 0 9-21-10; Ord.No. 4428, § 1,4-19-22) >+ 9.38.080 Thirty-minute parking zones. A. At such times as the traffic engineer shall 9.38.090 Parking reserved for physically a' place the appropriate sign,it shall be illegal to park disabled,penalty. E any motor or other vehicle for an uninterrupted w Repealed by Ord. No. 3924. I period in excess of 30 minutes,between the hours (Ord. No. 2304, §§ 1, 3; Ord. No. 2313, § 2; Ord. of 9:00 a.m. and 6:00 p.m., unless otherwise indi- cated, No. 2406, § 1; Ord. No. 2613, § 1; Ord.No. 3062, at the following locations: § 3,8-18-92;Ord.No.3189,§ 1, 10-4-94;Ord.No. ,! 1. First Avenue:the first stall north of Meeker 3335, § 1, 2-5-97; Ord. No. 4428, § 1, 4-19-22. Street on the west side of First Avenue. Formerly Code 1986, § 10.06.190) 2. First Avenue: the first stall south of Meeker Street on the west side of First Avenue. Note-Formerly§9.38.100. 3. Second Avenue: the first stall south of o Meeker Street on the east side of Second Avenue. 9.38.095 Reparking in same block to avoid Q 4. Second Avenue: the first stall south of citation. r Meeker Street on the west side of Second Avenue. A. It shall be an infraction for any person to 5. Gowe Street: the first stall east of Railroad move and repark a vehicle from one parking spacein Avenue on Gowe Street,north side. within a parking time limit area to another parking o 6. Fourth Avenue: the stalls north of Titus space within a parking time limit area that is within 0 Street on the east side of Fourth Avenue. one block of the original parking space. a 7. Centennial Building:the first four stalls on B. It shall be an infraction for any person to -°a the east side of the building as posted. move and repark a vehicle parked in a parking lot B. Penalty. Any violation of the provisions of with a parking time limit to another space within this section shall be an infraction punishable by a the same parking lot with a parking time limit. �o monetary penalty of$50. C. For the purposes of this section, a block is a �N,, (Ord.No. 2731, § 1; Ord. No. 2760, § 1; Ord.No. city street, roadway, highway, or alley section N 2959, § 1, 1-3-91; Ord. No. 3189, § 1, 10-4-94; located between consecutive intersections. w Ord. No. 3324, § 2, 11-27-96; Ord.No. 3834, § 1, D. Penalty. Any violation of the provisions of 4-17-07; Ord. No. 3974, § 1, 9-21-10; Ord. No. this section shall be an infraction punishable by a 4428, § 1, 4-19-22. Formerly Code 1986, monetary penalty of$50. § 10.06.230) (Ord. No. 3974, § 1, 9-21-10; Ord. No. 4428, § 1, c 4-19-22) =a 9.38.085 Seasonal no parking zone-Lake O� Meridian. 9.38.100 Compliance with state law. v A. At such times as the traffic engineer shall The traffic engineer is directed to obtain from `e place the appropriate sign,it shall be illegal to park the State Department of Transportation approval m any motor vehicle, or other vehicle or trailer, for and ratification of any no parking zone where the period of May 15th through September 15th of required by RCW 47.24.020. c each year, between the hours of 12:00 p.m. and (Ord. No. 2303, § 2; Ord. No. 3189, § 1, 10-4-94; c 8:00 p.m., at the following locations: Ord.No. 3974,§ 1,9-21-10;Ord.No.4428, § 1,4- a 1. 150th Place Southeast: from Southeast 19-22. Formerly Code 1986, § 10.06.200) -°a 272nd Street to the end of the road. Q 2. 270th Place:from 150th Place Southeast to Note-Formerly§9.38.110. the end of the road. c 3. 271 st Place:from 150th Place Southeast.to the end of the road. c� a 9-50.1 (Revised 6/22) Packet Pg. 161 4.E.a 9.38.110 Kent City Code i 9.38.110 Parking prohibited within 10 feet of B. Exemptions. The parking limitation pro- mailboxes-Penalty. vided in this section shall not apply to the follow- A. No motor vehicle shall be parked within 10 ing: feet of a clearly visible,residential mailbox which 1. A vehicle that is being actively loaded or O is located directly adjacent to curbside or on a pub- unloaded. lic right-of-way between the hours of 8:00 a.m.and 2. A vehicle that is being used for the exclu- 6:00 p.m., except Sundays and holidays. sive purpose of providing active construction or B. Any violation of this section shall be an other hired services to a property at that location, E infraction and punishable by a monetary penalty of including construction, carpentry,plumbing, land- w i $50. scaping, and moving services. (Ord.No. 2658; Ord.No. 3189, § 1, 10-4-94; Ord. 3. Recreational vehicles whose parking is No. 3963, § 3, 6-15-10; Ord. No. 3974, § 1, 9-21- regulated under KCC 9.38.145. 10; Ord. No. 4428, § 1, 4-19-22. Formerly Code 4. City of Kent or other government vehicles, 1986, § 10.06.07) public utility vehicles, or emergency vehicles. C. Penalty and impoundment. Any violation of Note-Formerly§9.38.120. this section shall be an infraction and punishable a by a monetary penalty of$250. -°a 9.38.120 Parking and storage of large D. Authority to suspend enforcement. The chief Q vehicles on city streets-Finding. a0i of police shall have the authority to suspend the A. The city council finds that the parking and enforcement of this section in the event he or she, storage of trucks, vans, tractor trailers, semi-trail- in his or her discretion,determines that suspension in ers, and other vehicles,with a maximum gross ve- of enforcement will benefit the public health, o hide weight rating that exceeds 14,001 pounds, safety, and welfare. Any suspension of enforce- o present unacceptable risks and hazards to public ment of this section shall be in writing,delivered to CL c health, safety, and welfare when such vehicles are the office of the mayor, and shall specify the times parked or stored on city streets at times when such `° and dates in which the suspension shall be effec- vehicles are not engaged in activity. tive.The suspension of enforcement shall also sus- B. The city council also recognizes that, under CDpend the enforcement of KCC 9.38.180(A)(15), M some circumstances, it may benefit the public 04 (B)(6),and(C)(2),as well as applicable sections of health, safety, and welfare to park the above-de- KCC 9.38.020. Any truck, vehicle, van, trailer, or x scribed vehicles on certain city streets, and that semi-trailer parked in accordance with the terms of w there should be a mechanism to permit the chief of the suspension of enforcement shall be parked in police to suspend the enforcement of parking re- compliance with applicable requirements of the strictions relating to those vehicles to allow those Revised Code of Washington and the Washington c vehicles to park on city streets temporarily and Administrative Code. c during certain time frames. (Ord. No. 2916, § 2, 4-17-90; Ord. No. 3062, § 5, - (Ord. No. 2916, § 1, 4-17-90; Ord. No. 3189, § 1, 8-18-92; Ord. No. 3189, § 1, 10-4-94; Ord. No. vi 10-4-94; Ord. No. 3974, § 1, 9-21-10; Ord. No. 3850, § 1, 8-7-07; Ord. No. 3974, § 1, 9-21-10; v 4115, § 1, 6-17-14; Ord. No. 4192, § 1, 4-19-16; Ord.No.4115, § 1,6-17-14;Ord.No.4192,§ 2,4- Y Ord.No. 4428, § 1,4-19-22. Formerly 9.38.130) Cn 19-16;Ord.No.4214, § 1,9-20-16;Ord.No.4428, m § 1,4-19-22. Formerly 9.38.140) 9.38.130 Parking and storage of large c vehicles on city streets-Penalty and c 9.38.140 Parking of certain trailers or semi- c exemptions. trailers-Penalty. a A. Parking prohibited. No vehicle, including a o A. Except as provided in KCC 9.38.130, no truck van trailer,or semi-trailer,whether licensed Q > � � trailer or semi-trailer shall be parked upon any city 6 or unlicensed, with a maximum gross vehicle street unless the trailer or semi-trailer is attached to weight rating that exceeds 14,001 pounds may be a vehicle by which it may be propelled or drawn.In c stored or parked upon any city street. case of accident,such trailer or semi-trailer may be E moved to the side of the street, and, if a good and U c� a (Revised 6/22) 9-50.2 Packet Pg. 162 4.E.a Kent City Code 9.38.160 I sufficient red signal is displayed at both ends of the 2. Recreational vehicle shall be as defined in trailer or semi-trailer during the hours of darkness, KCC 8.09.030(G). such trailer or semi-trailer may be permitted or 3. Trailer shall mean every vehicle without allowed to remain for a period not exceeding 24 motive power designed to be drawn by another O hours pending removal except that such trailer or vehicle and attached to the towing vehicle by semi-trailer shall not remain upon any portion of a means of a hitch or other connector, and ordinarily city street where standing or parking is limited or used for transporting items upon public streets and prohibited for a period longer than is necessary to highways. E effect its removal. B. Any violation of this section shall be an w I B. Any violation of this section shall be an infraction and punishable by a monetary penalty of infraction and punishable by a monetary penalty of $50. $250. (Ord. No. 3974, § 1, 9-21-10; Ord. No. 4428, § 1, ,d C. The chief of police shall have the authority 4-19-22) to suspend the enforcement of this section in the event he or she,in his or her discretion,determines 9.38.150 Parking an unlicensed vehicle or a D that suspension of enforcement will benefit the vehicle with switched license plates a public health, safety, and welfare. Any suspension or tabs-Penalty. -°a of enforcement of this section shall be in writing, A. No person shall stop,stand,or park a vehicle Q delivered to the office of the mayor,and shall spec- on a street, highway, roadway, alley, or public ify the times and dates in which the suspension property unless the vehicle possesses a license shall be effective. The suspension of enforcement plate and license tab registration that is proper and in shall also suspend the enforcement of KCC current for that vehicle. Such license plate and tab 0 9.38.180(A)(15), (B)(6), and (C)(2), as well as registration shall be properly mounted on the vehi- o applicable sections of KCC 9.38.020. Any trailer cle in accordance with the State Department of c or semi-trailer parked in accordance with the terms Licensing rules and regulations. of the suspension of enforcement shall be parked in B. Any violation of this section shall be an compliance with applicable requirements of the infraction and punishable by a monetary penalty of Revised Code of Washington and the Washington $50. Administrative Code. (Ord. No. 2614, § 1; Ord. No. 3189, § 1, 10-4-94; (Ord.No. 2508, § 2; Ord. No. 2582, § 1; Ord.No. Ord.No.3963,§ 4,6-15-10;Ord.No. 3974, § 1,9- x 2916, § 3, 4-17-90; Ord. No. 3062, § 1, 8-18-92; 21-10;Ord.No.4428,§ 1,4-19-22.Formerly Code w Ord.No. 3189, § 1, 10-4-94;Ord.No. 3850, § 2,8- 1986, § 10.06.110) 7-07; Ord.No. 3974, § 1, 9-21-10; Ord.No. 4115, § 1,6-17-14;Ord.No.4428, § 1,4-19-22.Former- Note-Formerly§9.38.160. ly Code 1986, § 10.06.100) c 9.38.160 Municipal parking facilities =a Note-Formerly§9.38.150. regulated-Penalty. O I A. Municipal parking facilities - Definition. v 9.38.145 Parking of recreational vehicles, Municipal parking facilities means the adjacent `v1 boats or vessels, and trailers. parking lot or parking garage that serves the fol- A. No person shall park any recreational vehi- lowing municipal facilities: Kent City Hall, the cle,boat or vessel,or trailer on any street,highway, Centennial Center, Kent Municipal Court, Kent c roadway, alley, or public right-of-way in any resi- Corrections Facility, Kent Commons, Riverbend c dential neighborhood in the city for more than 24 Golf Complex, Kent Senior Center, the parks a hours. For purposes of this section, the following department's maintenance shop facility,the public -°a terms shall have the following prescribed mean- works department's operations shop facility, and Q ings: all parks or recreation facilities owned or operated 1. Boat or vessel shall mean every description by the city. of watercraft used or capable of being used as a means of transportation on the water. z c� a 9-50.3 (Revised 6/22) Packet Pg. 163 4.E.a 9.38.170 Kent City Code i B. Municipal parking facilities - Reserved passes that either authorize the bearer to park in a exclusively for users of municipal facility. Except particular place or area, or exempt the bearer from as otherwise provided by KCC 9.38.055, those some or all of the parking limitations imposed by parking lots or parking garages that are connected this chapter, including the time limitations O or adjacent to a municipal facility are reserved imposed under KCC 9.38.060 and 9.38.065. exclusively for use by individuals who are visiting B. Form of permits and passes. Permits or the municipal facility during its regular hours of passes may be in any form the mayor or designee operation to attend a city-sponsored event, to con- determines to be appropriate and conspicuous. E duct business with the city, or to otherwise make Such permits or passes should contain a rendition w i use of the amenities or services offered by the of the city's corporate seal or official logo,the sig- municipal facility. Such visitors may park within nature of the issuer, or some other means of those spaces that are marked or otherwise desig- authentication to identify the bearer as a person ,d nated as available for use by visitors,and as limited who is authorized to park in the applicable loca- in time or otherwise restricted by the mayor or des- tion, or as a person who is exempt from one or ignee through official signs or markings. During a more of the parking restrictions established under municipal facility's regular hours of operation, its this chapter, excluding disabled parking stalls. For a parking lot is not otherwise open for use by the any permit or pass to be valid,it must be displayed -°a general public. Visitors may not park vehicles in at all times while the vehicle is parked within the Q any parking space within the municipal parking applicable location. If the permit or pass is not dis- facility that is marked or otherwise designated for played,any permission or exemption the permit or use by city employees, for city vehicles, or for pass conveys is ineffective and no infraction shall in other reserved uses or vehicles. It is illegal for a be dismissed on such basis. 0 vehicle to be parked in violation of this section. C. Exception to permit or pass requirement - o C. Public parking facilities. A public parking Police or government vehicles. Marked police CL c lot is available for general use by the public in vehicles and other police or government vehicles T downtown Kent,which is located adjacent to Titus displaying exempt license plates are exempt from Street and between Second Avenue and First Ave- the parking and time restrictions imposed by KCC nue, as limited in time or otherwise restricted by 9.38.060, 9.38.065, and 9.38.160, without the M 04 official signs or markings. necessity of a permit or pass. D. Penalty. Any violation of this section shall D. Residential parking zone manager. The res- x be an infraction and punishable by a monetary pen- idential parking zone manager,appointed pursuant w alty of$50. to KCC 9.38.175(C), is authorized to issue tempo- (Ord. No. 2407, § 1; Ord. No. 2842, § 2 rary parking permits for the personal and business W (10.06.220), 4-4-89; Ord. No. 2857, § 2, 7-5-89; vehicles of city contractors, subcontractors, and c Ord. No. 3189, § 1, 10-4-94; Ord. No. 3324, § 3, their employees for use only while engaged in city c 11-27-96; Ord. No. 3963, § 5, 6-15-10; Ord. No. contract work that requires such persons to be pres- 3974, § 1, 9-21-10; Ord. No. 4239, § 4, 3-21-17; ent in residential parking zones. i Ord.No.4428, § 1,4-19-22.Formerly Code 1986, E. Human resources department - Commute v § 10.06.220) trip reduction program. The city's director of Y o� human resources or designee may recommend the m Note-Formerly§938.170• mayor or designee issue carpool parking permits P under the city's commute trip reduction program, o 9.38.170 Parking permits and passes or c which entitle the bearer to park a vehicle within c exemptions. designated carpool spaces on the first floor of the a A. Authority to create and issue - Mayor or Centennial Center parking garage, which spaces -°a designee. The mayor or designee may designate, Q are exempt from any time limitation otherwise � assign, restrict, and authorize parking within all imposed. municipal parking facilities. This authority specif- (Ord.No.2842, § 3,4-4-89;Ord.No.2857, § 3,7- c ically includes the ability to regulate parking 5-89; Ord.No. 3189, § 1, 10-4-94; Ord.No. 3324, E through the issuance of parking permits or parking § 4, 11-27-96;Ord.No.3908,§ 1,2-3-09;Ord.No. c� a (Revised 6/22) 9-50.4 Packet Pg. 164 4.E.a Kent City Code 9.38.175 i 3974, § 1, 9-21-10; Ord. No. 4239, § 5, 3-21-17; j. Woodford Avenue North: from East Ord. No. 4424, § 3, 1-4-22; Ord.No. 4428, § 1, 4- James Street to north end of road. 19-22. Formerly 9.38.180) Residential parking zone permits are required S to park between 8:00 a.m. and 5:00 p.m. on week- O 9.38.175 Residential parking zone. days in Kent RPZ No. 2. A. Purpose of residential parking zone. The 3. The following roadways or portions city establishes this residential parking zone(RPZ) thereof, within portions of Glencarin Division 1, m program in response to parking concerns expressed Shadow Run, and Jason Lane, are established as E by residents of the neighborhood surrounding des- Kent RPZ No. 3: w I tinations that are expected to generate significant a. 124th Avenue Southeast: from Southeast W demand for offsite parking in those neighborhoods, 208th Street to Southeast 211th Street. and as required to mitigate parking impacts of b. 125th Avenue Southeast:from Southeast ,d those destinations. This RPZ program will reserve 209th Street to north end of road. parking on the surface streets in the RPZs estab- c. 125th Avenue Southeast: from Southeast lished herein for neighborhood owners, residents, 209th Street to Southeast 211th Street. and their visitors, who might otherwise be dis- d. 126th Avenue Southeast:from Southeast a placed by visitors to these destinations. 208th Street to Southeast 211th Street. -°a B. Residential parking zones established. e. 127th Place Southeast: from Southeast Q 1. The following described area, also known 208th Street to Southeast 211th Street. as the North Park Neighborhood, is established as f. Southeast 208th Place: from 126th Ave- Kent RPZ No. 1: that area bounded on the west by nue Southeast to end of road. in Fifth Avenue North, to the south by West James g. Southeast 209th Street: from 170 feet 0 Street, to the north by State Route 167, and to the west of 124th Avenue Southeast to 125th Avenue o east by the Burlington Northern main line (First Southeast. c Avenue North). Residential parking zone permits h. Southeast 209th Court: from 126th Ave- are required at all times to park in Kent RPZ No. 1. nue Southeast to end of road. 2. The following roadways or portions i. Southeast 210th Court: from 126th Ave- thereof, within the area known as the Mill Creek nue Southeast to end of road. Neighborhood, are established as Kent RPZ No.2: j. Southeast 210th Court: from 127th Place a. Cedar Street: from Clark Avenue North Southeast to end of road. u, to Jason Avenue North. k. Southeast 210th Place: from 124th Ave- w b. Clark Avenue North: from 150 feet north nue Southeast to end of road. of East Smith Street to East Temperance Street, 1. Southeast 210th Street: from 124th Ave- east side only. nue Southeast to end of road. c c. Clark Avenue North: from East Temper- in. Southeast 211th Street: from 125 feet c ance Street to East James Street. west of 124th Avenue Southeast to 124th Avenue E d. East George Street: from State Avenue Southeast. 01 North to Woodford Avenue North. n. Southeast 211th Street: from 125th Ave- v e. East Temperance Street: from Kenne- nue Southeast to 160 feet east of 127th Place Y o� beck Avenue North to Jason Avenue North. Southeast. m f. Jason Avenue North: from East Smith Residential parking zone permits are required Street to East James Street. between 10:00 a.m. and 2:00 p.m. on weekdays o g. Kennebeck Avenue North: from East during the months of September through June, c Temperance Street to north end of road. excluding holidays,to park in Kent RPZ No. 3. a h. State Avenue North: from East James C. RPZ manager. The mayor will appoint from 13 Street to 175 feet south of East George Street. city staff the RPZ manager who shall administer i. State Avenue North: 175 feet south of the RPZ program as set forth in this section. The East George Street to north end of road, east side duties of the RPZ manager may be carried out by c only. more than one person and may be delegated to the E z c� a 9-50.5 (Revised 6/22) Packet Pg. 165 4.E.a 9.38.175 Kent City Code i customer services division of the city's finance permit issued shall contain the number of the RPZ department as appropriate. for which it was issued and a serial number for the D. Residential parking zone permit. When permit, together with such other information as properly issued and displayed, an RPZ permit or a determined by the RPZ manager. The RPZ man- O visitor parking permit will authorize a vehicle to ager is authorized to issue additional RPZ and/or park within the RPZ for which the permit was visitor permits, if a demonstrated need exists. Any issued.A property is included within the RPZ only RPZ resident may make application for additional a' if its address includes, and/or sole access to the necessary permits by returning to the RPZ manager E property is via, a street that is within the RPZ. The a completed application supplied by the city iden- w i permit shall not guarantee a parking space, nor tifying the additional permits required and the rea- shall it exempt the vehicle or operator from observ- son for the request. Additional permits will be ing zones where parking is otherwise prohibited, issued at the discretion of the RPZ manager and at ,d including but not limited to permanent or tempo- no cost at this time. rary no parking zones, loading zones, fire zones, H. Proof of ownership or residence. The fol- and all zones where parking is regulated or prohib- lowing will be sufficient proof of ownership or res- ited by other applicable laws or regulations of this idence within the RPZ: a code. 1. Appearance as owner of record on the King -°a E. Permit eligibility. County recorder's office website; or Q 1. Zone owners and residents. Permits may 2. A valid driver's license showing residence be issued only to persons who own property or at a current address located within the RPZ; or reside in the RPZ established by subsection(B) of 3. A deed, lease, rental agreement, or other in this section.At this time, all permits will be issued document which,at the discretion of the RPZ man- 0 to RPZ owners and residents free of charge. ager, establishes residency, and which shows resi- o 2. Resident visitors. The RPZ manager may dency within the RPZ. c issue additional permits to each residence within I. Revocation or denial ofpermits—Cause. Any T the RPZ for temporary use by residents' visitors. of the following shall be cause for the revocation or Visitor permits may not be sold or redistributed for suspension of RPZ permits and/or visitor permits any purpose. by the RPZ manager: M 3. Government vehicles. Government vehi- 1. The making of any false or misleading cles will not be required to obtain permits for the statement in application for a permit. x purpose of conducting official business in the 2. The transfer to an unauthorized person or w North Park Neighborhood. Government vehicles address. associated with the conduct of business at the Kent 3. The alteration of a permit in any respect in Events Center may not park in the RPZ. order to gain privileges not authorized by the per- F. Use and validity ofpermits. mit. c 1. The RPZ permit is valid only if displayed 4. The display on a vehicle of a permit that E on the rear left window of the vehicle and only for has been suspended or revoked. 01 so long as the permit holder owns or controls the 5. The sale of a permit and the receipt of any- v vehicle and resides at the address for which the per- thing of value in exchange for a permit. Y o� mit was issued. J. Revocation or denial ofpermits—Process. If 01 2. A visitor parking permit shall be valid only the RPZ manager finds that an RPZ permit or a vis- if the hang tag is hung from the vehicle's rearview itor permit should be revoked or denied for any of o mirror. the reasons set forth in subsection (1) of this sec- c G. Issuance ofpermits. The RPZ manager will tion,the RPZ manager will send a written notice of a send four RPZ window decals to the owner of revocation or denial to the permit holder, which -°a record and to the occupant of each dwelling unit or notice shall contain the following information: residence within the RPZ. In addition, the RPZ 1. That the permit is denied or will be manager will send 15 hang tag visitor permits to revoked not sooner than 10 calendar days from the c each owner of record and the occupant of each date of the letter. E dwelling unit or residence for temporary use. Each c� a (Revised 6/22) 9-50.6 Packet Pg. 166 4.E.a Kent City Code 9.38.180 i 2. The reasons for permit revocation or 8. On any railroad tracks. denial. 9. In the area between roadways of a divided 3. That unless a written notice of appeal is highway including crossovers. filed with the community development director not 10. Outside of the limits of an individual O later than 10 calendar days from the date of the parking stall or parking space designated for vehic- notice of revocation or denial, the permit will be ular on-street parking. An individual parking stall deemed finally revoked or denied. or parking space is that portion of the paved sec- m 4. That the basis for the appeal must be con- tion of the roadway, of sufficient length and depth E tained in the written notice of appeal. from the sidewalk curb to accommodate a vehicle w i K. Revocation or denial—Appeal. An applicant to be parked, as shall be specified and marked by aggrieved by the RPZ manager's revocation or the city. denial of an RPZ or visitor permit may file a notice 11. Within a marked bicycle lane, which is ,d of appeal with the community development direc- that portion of the paved section of the roadway for who upon consideration of the written docu- specified and marked by the city for the movement mentation submitted in the notice of revocation or of bicycles on the roadway. denial and the notice of appeal will affirm,reverse, 12. Upon any portion of the street, roadway, a or modify the revocation or denial decision, or or public way for the purpose of doing any work -°a order suspension for a specified period. on, maintaining, or repairing any vehicle, except Q L. Violation — Penalty. It shall be a parking for those repairs necessitated by an emergency. infraction to park within an RPZ unless the parked 13. Upon any portion of the street, roadway, vehicle properly displays a valid RPZ permit or a or public way for the principal purpose of display- in visitor parking permit.Any violation of this section ing the vehicle for sale or for advertising services 0 shall be an infraction punishable by a monetary for vehicles. o penalty of$50. 14. Alongside or adjacent to any traffic c (Ord.No. 3894, § 1, 11-18-08; Ord.No. 3974, § 1, island,which is the curbed area in a roadway from T 9-21-10; Ord. 4322, § 3, 5-7-19; Ord. No. 4428, which traffic is excluded. § 1,4-19-22) 15. At any place where official signs prohibit stopping. M 9.38.180 Stopping, standing,or parking B. Stand or park a vehicle,whether occupied or prohibited in specified places. not, except momentarily to pick up or discharge a x Except when necessary to avoid conflict with passenger or passengers: w other traffic, or in compliance with law or the 1. In front of a public or private driveway or directions of a police officer or official traffic con- within five feet of the end of the curb radius leading trol device,no person shall: thereto; c A. Stop, stand, or park a vehicle: 2. Within 15 feet of a fire hydrant; c 1. On the roadway side of any vehicle 3. Within 20 feet of a crosswalk; E stopped or parked at the edge or curb of a street. 4. Within 30 feet upon the approach to any VI 2. On a sidewalk or street planting strip. flashing signal,stop sign,yield sign,or traffic con- v 3. Within an intersection. trol signal located at the side of a roadway; Y o� 4. On a crosswalk. 5. Within 20 feet of the driveway entrance to m 5. Between a safety zone and the adjacent any fire station and on the side of a street opposite curb or within 30 feet of points on the curb imme- the entrance to any fire station within 75 feet of o diately opposite the ends of a safety zone, unless said entrance when properly signposted; or c official signs or markings indicate a different no 6. At any place where official signs prohibit a parking area opposite the ends of a safety zone. standing. -°a 6. Alongside or opposite any street excava- C. Park a vehicle, whether occupied or not, tion or obstruction when stopping, standing, or except temporarily for the purpose of and while parking would obstruct traffic. actually engaged in loading or unloading property c 7. Upon any bridge or other elevated struc- or passengers: E ture upon a highway or within a highway tunnel c� a 9-50.7 (Revised 6/22) Packet Pg. 167 4.E.a 9.38.185 Kent City Code i 1. Within 50 feet of the nearest rail of a rail- 9.38.190 Penalty for violation of certain road crossing; or sections. 2. At any place where official signs prohibit Any violation of any section of this chapter for c parking. which no penalty is specifically provided shall be O D. Parking or standing shall be permitted in the an infraction and punishable by a monetary penalty manner provided by law at all other places,unless of$50. otherwise prohibited by this chapter. (Ord.No. 1972, § 5; Ord. No. 2303, § 3; Ord.No. m E. No person shall move a vehicle not lawfully 2313, § 1; Ord.No. 2731, § 4; Ord.No. 2928, § 1, E under his or her control into any such prohibited 6-19-90; Ord. No. 3062, §§ 2 (10.06.190), 4 w i area or away from a curb such a distance as is (10.06.190), 8-18-92; Ord.No. 3189, § 1, 10-4-94; unlawful. Ord.No.3963,§ 6,6-15-10;Ord.No.3974, § 1,9- F. It shall be unlawful for any person to reserve 21-10;Ord.No.4239,§ 6,3-21-17;Ord.No.4428, ,! or attempt to reserve any portion of a highway for § 1, 4-19-22. Formerly Code 1986, §§ 10.06.170, the purpose of stopping,standing,or parking to the 10.06.210) exclusion of any other like person, nor shall any person be granted such right. Note-Formerly§9.38.180. a G. Any violation of the provisions of this sec- ° tion shall be an infraction and punishable by a 9.38.195 Failure to respond-Penalty. Q monetary penalty of$50. Any person who fails to respond to a notice of r (Ord. No. 3974, § 1, 9-21-10; Ord. No. 4428, § 1, infraction relating to parking shall, in addition to 4-19-22) all other penalties and assessments, be assessed ain penalty of$25 for failing to respond. For the pur- o 9.38.185 Parking too far from the curb. poses of this section, a person shall be deemed to 0 A. Except as otherwise provided in this section, have failed to respond if he or she fails to timely a every vehicle stopped or parked upon a two-way pay any required penalty as stated on the notice of -°° roadway shall be so stopped or parked with the infraction or as required by the court, or fails to right-hand wheels parallel to and within 12 inches appear at the properly scheduled hearing to contest or mitigate the parking infraction. o of the right-hand curb or as close as practicable to g p g r, the right edge of the right-hand shoulder. (Ord.No.4065, § 1, 12-11-12;Ord.No. 4428, § 1, 04 B. Except when otherwise provided by local 4-19-22) x ordinance, every vehicle stopped or parked upon a w one-way roadway shall be so stopped or parked 9.38.200 Flood emergency hazardous materials parking zone. ° parallel to the curb or edge of the roadway, in the A. Purpose of the flood emergency hazardous U direction of authorized traffic movement, with its c right-hand wheels within 12 inches of the right- flood parking zone. The city establishes this flood emergency hazardous materials parking zone =a hand curb or as close as practicable to the right g y p g E edge of the right-hand shoulder, or with its left- (FEHMPZ) program for the purpose of providing vi upland parking for commercial motor vehicles car- hand wheels within 12 inches of the left-hand curb v or as close as practicable to the left edge of the left- rying hazardous materials, as hereinafter defined, 1 hand shoulder. from city businesses when such materials must be C. Angle parking shall only be allowed as pro- relocated to avoid potential hazardous materials vided for in this chapter or elsewhere in the Kent release. This program will allow for hazardous c City Code. material truck parking on certain upland public c D. Any violation of the provisions of this sec- rights-of--way to the extent of available capacity. a This program does not excuse an entity o tion shall be a traffic infraction and punishable by p y person or y 13 a monetary penalty of$50. responsible for hazardous materials from proper a (Ord. No. 3974, § 1, 9-21-10; Ord. No. 4428, § 1, protection, handling, and storage of such hazard- 4-19-22) ous materials. m E z c� a (Revised 6/22) 9-50.8 Packet Pg. 168 4.E.a Kent City Code 9.38.200 i B. Definitions. to abutting properties or fire zones. The FEHMPZ 1. Commercial motor vehicle means any self- manager will determine the capacity of the propelled or towed motor vehicle used on a high- FEHMPZ zone and issue, on a first-come, first- way in interstate commerce to transport passengers served basis, only so many permits as the O or property when the vehicle: FEHMPZ will accommodate vehicles. a. Has a gross vehicle weight rating or F. Permit eligibility. gross combination weight rating, or gross vehicle 1. Kent businesses. Permits will be issued m weight or gross combination weight,of 4,536 kilo- only to owners of licensed city businesses which E grams (10,001 pounds) or more, whichever is business shall require the use and/or storage of haz- w i greater; or ardous materials. b. Is designed or used to transport more 2. Vehicles. Each permit will be issued for a than eight passengers (including the driver) for specific commercial motor vehicle. Vehicles with ,d compensation; or trailers will be required to remain attached during c. Is designed or used to transport more the duration of their use of the FEHMPZ.Vehicles than 15 passengers,including the driver, and is not and trailers will be required to have their wheels as used to transport passengers for compensation; or chocked. a d. Is used in transporting material found by 3. Government vehicles. Government vehi- -°a the Secretary of Transportation to be hazardous cles will be permitted to park in the FEHMPZ with- Q under 49 U.S.C. 5103 and transported in a quantity out permits. requiring placarding under regulations prescribed G. Use and validity of permits—Fee. by the Secretary under Title 49 CFR, Subtitle B, 1. The FEHMPZ permit shall be valid only if in Chapter I, Subchapter C. the hang tag is hung from the vehicle's rearview 0 2. Flood emergency means an emergency mirror and only so long as the permit holder owns o declared by the mayor, the county executive, the or controls the vehicle and maintains the business c Governor, or federal officials by reason of floods for which the permit was issued. or potential floods in the vicinity of the city. 2. Each permit,unless terminated under sub- 6 3. Hazardous material means a substance or section (G)(1) of this section or revoked by the material which has been determined by the Secre- FEHMPZ manager, shall expire on June 30th of M tary of Transportation to be capable of posing a risk each calendar year. to health, safety, and property when transported in 3. A$100 administrative fee shall be charged x commerce,and which has been so designated. for each permit issued to help defray the cost of w C. Flood emergency hazardous materials park- administering the FEHMPZ program. ing zone established. Up to three lanes of South H. Issuance of permits. 231 st Street west of the Green River Bridge to the 1. Each permit applicant shall submit an intersection of Military Road South. application to the FEHMPZ manager along with a c D. FEHMPZ manager. The city emergency copy of the business license and vehicle registra- E manager shall administer the FEHMPZ program as tion(s). The application shall be upon a city form vi set forth in this section.The duties of the FEHMPZ with such information as the FEHMPZ manager V manager may be carried out by more than one per- shall require. Such information shall include, but Y o� son and may be delegated to the fire prevention not be limited to,proof of insurance as required by m staff as appropriate. The FEHMPZ manager will the city risk manager. Upon request, the applicant adopt such rules and procedures as are necessary will appear in person to show the original business o for notice of availability of the FEHMPZ for park- license and vehicle registration(s). Each applicant c ing and for its management. shall agree,in writing,that submission of an appli- a E. FEHMPZ permits. When properly issued cation is not a guarantee of a parking place and 13 and displayed, an FEHMPZ permit, in the form of does not excuse any compliance with any state, a hang tag, will authorize a vehicle to park within local, or federal regulations respecting hazardous the FEHMPZ during a flood emergency. The per- materials or otherwise. c mit will not guarantee a parking place nor shall it 2. The FEHMPZ manager shall issue up to E allow the permitted vehicle to block private access two permits suitable for display for each approved c� a 9-50.9 (Revised 6/22) Packet Pg. 169 4.E.a 9.38.200 Kent City Code i application to Kent businesses that are members of L. Violation — Penalty and remedial action. the local emergency planning committee. Other Any violation of this section shall be an infraction Kent businesses will then be issued permits on a punishable by a monetary penalty of$50.A vehicle first-come, first-served basis until capacity within may be towed and impounded if it is determined O the FEHMPZ is exhausted. that such remedial action is needed to preserve the 3. Each permit shall show the date of expira- public health,safety,and welfare,including during tion together with a license plate number and such an emergency flood event;provided,however,that m other information as the FEHMPZ manager shall all other rules and regulations regarding traffic, E require. transportation, and the public right-of-way will be w i I. Revocation or denial ofpermits—Cause. Any in effect during such times as an emergency flood of the following shall be cause for the denial or event is not in effect. revocation of the FEHMPZ permit: (Ord.No.3991 § 1,2-15-11;Ord.No.4428,§ 1,4- ,d 1. The unavailability of capacity in the 19-22) FEHMPZ. 2. A false or misleading statement in the application for permit. a 3. The transfer of a permit to an unauthorized -°a business or vehicle by sale or otherwise. Q 4. The alteration of a permit in any respect. J. Revocation or denial of permit—Process. If the FEHMPZ manager finds that an FEHMPZ per- in mit should be revoked or denied for any of the rea- 0 sons set forth in subsection (I) of this section, the o FEHMPZ manager will send a written notice of c revocation or denial to the permit holder at the business address, which notice shall contain the following information: 1. That the permit is denied or will be04 revoked not sooner than 10 calendar days from the date of the letter. x 2. The reasons for the permit revocation or w denial. ca 3. That unless a written notice of appeal is filed with the FEHMPZ manager not later than 10 c calendar days from the date of the notice of revoca- tion or denial, the permit will be deemed finally E revoked or denied. 01 4. That the basis for the appeal must be con- v tained in the written notice of appeal. Y o� K. Revocation or denial—Appeal. An applicant m aggrieved by the FEHMPZ manager's revocation or denial of a permit may file a notice of appeal o with the FEHMPZ manager, who shall submit the c same to the city hearing examiner. The hearing a examiner, upon consideration of the written docu- -°a mentation submitted in the notice of revocation or denial and the notice of appeal,will affirm,reverse, or remand the revocation or denial. c m E z c� a (Revised 6/22) 9-50.10 Packet Pg. 170 4.E.a Kent City Code 9.39.030 i Chapter 9.39 9.39.020 Removal by police officer. The law allows a police officer to tow and TOWING* impound vehicles in a number of circumstances, including when a vehicle is located within a public O Sections: space, the vehicle's removal is needed to preserve 9.39.010 Purpose. public health, safety, and welfare, and the police 9.39.020 Removal by police officer. officer has first pursued reasonable alternatives a' 9.39.030 Impoundment for driving while before exercising their discretion to have the vehi- E license suspended or revoked or cle removed and towed to a place of safety.In addi- w operation of motor vehicle under other P tion to those tows and impounds generally 0) license while suspended. authorized under the law or the Model Traffic 9.39.040 Notice of impound. Ordinance adopted through KCC 9.36.010, a ,T 9.39.050 Hearing to contest impound or police officer may additionally authorize a vehicle charges. be towed if it is found standing or parked in viola- 9.39.060 Authorization to impound. tion of RCW 46.61.570. 9.39.070 Authority to enforce. (Ord.No. 3464, § 2,7-6-99; Ord.No.4030, § 1,2- a 21-12; Ord.No. 4427, § 1,4-5-22) -°a *Cross reference(s)—Duties of the parking enforcement aide, Q §2.22.060. N 9.39.030 Impoundment for driving while 9.39.010 Purpose. license suspended or revoked or This chapter shall be known and cited as the tow- operation of motor vehicle under o ing ordinance and shall supplement Chapter 46.55 other license while suspended. r_ RCW which is currently adopted in KCC 9.36.010 A. Impoundment of vehicles authorized. o 1. Whenever the driver of a vehicle is arrested a (Model Traffic Ordinance). In the event that a con- o for a violation of driving while license suspended 'a flict exists between the provisions of this chapter cc and Chapter 46.55 RCW,this chapter shall prevail. or revoked(RCW 46.20.342)or operation of motor W Other than impounds authorized under RCW vehicle under other license or permit prohibited c 46.55.113(1)and(2)(e)which include a mandatory while license is suspended or revoked (RCW N period of impoundment, an officer's decision to 46.20.345), as these provisions are currently enacted or hereafter amended the vehicle is sub- u, have a vehicle towed and impounded under Chapter x 46.55 RCW is remedial in order to preserve the ject to impoundment at the direction of a law LU 'a public health, safety, and welfare by removing enforcement officer. obstructions and hazards in public ways and spaces, 2. It shall be the responsibility of the owner or and securing and protecting property, both public other person lawfully charged with possession of a and private.An impound decision is not punitive in vehicle to ensure that any person driving such vehi- c 73 nature. Therefore, if a police officer elects to have cle has a valid license. It shall not be a defense to a vehicle towed and impounded under Chapter impoundment or to the payment of any of the costs vi 46.55 RCW, the police officer shall not also issue of impound that the owner or other person lawfully Y an infraction for any civil violation that relates charged with the vehicle was not aware that the on solely to the manner in which the vehicle is parked, driver's license was suspended, revoked, or other- as stopped,or otherwise located.This limitation,how- wise invalid. ever, does not apply to any criminal charges or to B. Impoundment periods. o any infractions issued for moving,licensing,regis- 1. If a vehicle is impounded because the c driver is arrested for a violation of RCW }' tration,inspection, or insurance violations. c (Ord.No. 3464, § 2,7-6-99; Ord.No.4030, § 1,2- 46.20.342(1)(c) (driving while license suspended 'D 21-12; Ord.No. 4427, § 1,4-5-22) or revoked in the third degree) or 46.20.345, the vehicle shall be redeemable immediately pursuant to subsection(13)(6)of this section. c 2. If a vehicle is impounded because the E driver is arrested for a violation of RCW c� Q 9-50.1 1 (Revised 6/22) Packet Pg. 171 4.E.a 9.39.030 Kent City Code i 46.20.342(1)(a) (driving while license suspended alties,fines, and forfeitures owed by the registered or revoked in the first degree) or 46.20.342(1)(b) owner have been satisfied. c� (driving while license suspended or revoked in the 7. A vehicle impounded pursuant to this sec- second degree)and the Washington Department of tion may be inventoried incident to the impound of 0 Licensing's records show that the driver has not the vehicle pursuant to the laws of the state of been convicted of a violation of RCW Washington and the United States.With the excep- 46.20.342(1)(a) or (b) or equivalent local ordi- tion of personal property seized by a police officer, m nance within the past five years, the vehicle shall personal property contained within an impounded E be impounded for 30 days. vehicle shall continue to be the responsibility of its w i 3. If a vehicle is impounded because the owner, or the person driving the vehicle, and shall driver is arrested for a violation of RCW be dealt with pursuant to the requirements of RCW 46.20.342(1)(a)or(b)and the Washington Depart- 46.55.090 and other applicable statutes as now ,d ment of Licensing's records show that the driver enacted or hereafter amended. Property which is has been convicted one time of a violation of RCW attached to the vehicle with electronic wiring,or by 46.20.342(1)(a) or (b) or equivalent local ordi- bolts, screws, glue, or other adhesive material, nance within the past five years, the vehicle shall shall be considered a component of,or a part of,the a be impounded for 60 days. vehicle for purposes of impoundment. -°a 4. If a vehicle is impounded because the C. Economic or personal hardship petition. Q driver is arrested for a violation of RCW The court is authorized to release a vehicle towed r 46.20.342(1)(a)or(b)and the Washington Depart- and impounded pursuant to this section prior to the ment of Licensing's records show that the driver expiration of any period of impoundment provided in has been convicted of a violation of RCW for under subsection(B) of this section. 0 46.20.342(1)(a) or (b) or equivalent local ordi- 1. Persons who may file a petition. The fol- o nance two or more times within the past five years, lowing individuals may file a petition seeking early c the vehicle shall be impounded for 90 days. release of a vehicle subject to a mandatory hold 5. At the conclusion of the applicable period under this section: of impoundment, if any, the registered owner, a a. The owner of the vehicle who was not the person authorized by the registered owner, or one driver,provided they state under penalty of perjury04 M who has purchased the vehicle from the registered that they were unaware the driver was suspended owner,who produces proof of ownership or autho- or revoked at the time of impoundment; or x rization and signs a receipt therefor, may redeem b. A family member or dependent person of w an impounded vehicle. A tow company may use the driver who is suffering economic or personal any reasonable means necessary to confirm that the hardship due to the unavailability of the vehicle. 4) person redeeming the vehicle is authorized to 2. Manner in which petition filed. A petition c redeem the vehicle,and neither the city nor the tow under this section shall be filed in accordance with c company shall be responsible for any loss resulting the provisions set forth in KCC 9.39.050 for other E from a delay during the time in which the tow corn- hearings requested under this chapter. vi pany is confirming authorization. 3. Matters considered by the court. In consid- v 6. Prior to redeeming the impounded vehicle, ering a petition filed under this section, the court Y rn any person redeeming a vehicle impounded pursu- shall consider: (a) any prior economic or hardship m ant to this section shall pay the tow company for petition that may have been filed; (b) the threat to the costs of impoundment,including removal,tow- public safety that may result from the release of the o ing, and storage fees accrued as a result of the vehicle, including, without limitation, the driver's c impoundment. The tow company shall accept pay- criminal history,driving record,license status,and a ment as provided in RCW 46.55.120 and other access to the vehicle; and (c) any other evidence -°a applicable statutes as currently enacted or hereafter relevant to the petitioner's economic or personal Q m amended. If the vehicle was impounded pursuant hardship petition.If the court authorizes a vehicle's to this section and was being operated by the regis- release prior to expiration of the impound hold,the c tered owner when it was impounded, it may not be person redeeming the vehicle must satisfy the E released to any person until all traffic-related pen- (Revised 6/22) 9-50.12 Packet Pg. 172 4.E.a Kent City Code 9.39.050 i redemption requirements of subsections(B)(5)and is later, and more than five days before the date of (6) of this section. the auction; and 4. No duty created. The court's decision to 4. Be accompanied with the required filing release the vehicle pursuant to this section shall not fee.At the time of filing the request for hearing,the O create any duty to protect any individual, nor shall petitioner must pay to the court a filing fee in the it impart any costs, fees, or other financial obliga- amount of $39. The court, in its discretion, may tions associated with the removal, towing, and/or waive this filing fee upon proof by competent evi- m storage of the vehicle to the city, provided the dence that the person who is requesting the hearing E removal,towing, and/or storage were lawful under is indigent as that term is defined in RCW w i the Kent City Code or the Revised Code of Wash- 10.101.010(3), as currently enacted or later ington. Further, neither the decision to release the amended. vehicle,nor any determination of facts at a hearing B. The hearing shall be provided as follows: ,d under KCC 9.39.050, shall provide a defense in 1. The court, within five days after a proper W any subsequent criminal prosecution, or have any request for a hearing has been received, shall set collateral estoppel effect or preclude litigation of the hearing date and send notice of the date, time, as those same facts in a subsequent criminal prosecu- and location of the hearing to the registered and a tion. legal owners of the vehicle or other item of per- -°a (Ord.No. 3464, § 2,7-6-99; Ord.No. 3569, § 1, 8- sonal property registered or titled with the Depart- Q 7-01; Ord.No. 4030, § 1, 2-21-12; Ord.No. 4427, ment of Licensing, the person requesting the § 1,4-5-22) hearing if not the owner, the tow truck operator, R .. and the person or agency authorizing the impound. in 4- 9.39.040 Notice of impound. 2. If the vehicle is still impounded at the time 0 When a vehicle is impounded, the tow truck the written request for a hearing is received, the o operator shall send notice to the legal and regis- court shall set the hearing within seven days of c tered owners as required by RCW 46.55.110 and receipt of the written request. The hearing, how- other applicable statutes as now enacted or hereaf- ever,may be set beyond this time period if reason- ter amended. ably necessary to secure the presence of witnesses. (Ord.No. 4427, § 1,4-5-22) If the vehicle has been released from impound at M the time the written request is received, the court 9.39.050 Hearing to contest impound or shall set the hearing within 45 days of receipt of the x charges. written request. w In accordance with RCW 46.55.120,any person 3. Any person seeking a hearing who has seeking to redeem an impounded vehicle has a failed to request such hearing within the time right to request a hearing, without a jury, in the requirements set forth in subsection(A)of this sec- c Kent municipal court to contest the validity of the tion may petition the court for an extension to file c impound or the amount of towing and storage a request for hearing. Such extension shall be E costs.Absent good cause as provided for in subsec- granted only upon the demonstration of good cause vi tion(B)(3)of this section, failure to timely request as to the reason(s) the request for hearing was not V a hearing pursuant to this section shall constitute a timely filed and only in the event that notice of the Y o� waiver of the right to a hearing. auction of the vehicle has not been published by the m A. A request for a hearing must: tow company pursuant to the requirements of 1. Be in writing in a form approved by the RCW 46.55.110, 46.55.130, and other applicable o administrator of the Kent municipal court; statutes as now enacted or hereafter amended. c 2. Be signed by the person contesting the a. For the purposes of this section, good a impound; cause shall be defined as circumstances beyond the -°a 3. Be received by the Kent municipal court control of the person seeking the hearing that pre- within 10 days of the date the notice of impound- vented such person from filing a timely request for ment was mailed or given to such person pursuant hearing. In the event such extension is granted,the c to RCW 46.55.110 or 46.55.120(2)(a), whichever date of granting the extension shall be treated as the E date the hearing request was received. In the event U c� a 9-50.13 (Revised 6/22) Packet Pg. 173 4.E.a 9.39.050 Kent City Code i that an extension is granted, additional fees result- consider an abstract of driving record and electron- ing from the storage of the vehicle caused by the ically printed registration information,without fur- delay in the hearing shall be paid by the person ther evidentiary foundation, which collectively c requesting the extension,regardless of whether the with any other records, shall constitute prima facie O impound is determined to be lawful or unlawful. evidence of the status of the driver's or contestant's b. If a person fails to file a request for hear- license to drive a motor vehicle, the proper period ing within the time periods required, and no exten- of impoundment, or the ownership of the m sion to file a request has been granted, the right to impounded motor vehicle.The person requesting a E a hearing is waived, the impoundment and the hearing under this section may subpoena wit- w i associated costs of impoundment are deemed to be nesses, including the officer, and has the right to proper, and the registered owner is liable for any present evidence and examine witnesses present in towing, storage, or other impoundment charges as court. ,d provided for by Chapter 46.55 RCW. 6. The burden of proof is upon the city to c. For the purposes of this section, any establish that the tow and impound were proper by computation of time shall be in accordance with a preponderance of the evidence. RCW 1.12.040. 7. If the tow and impound are found to be a d. Delivery of notices required by this sec- proper,the court shall enter an order so stating.For -°a tion shall be deemed proper three calendar days impounds made under KCC 9.39.030, the court's Q after the date such notice is sent by regular first order shall provide that the impounded vehicle class mail, or in any other manner reasonably cal- shall be released only after the applicable impound culated to reach the intended recipient.For the pur- period has expired and the redemption require- U) poses of delivering notices required by this section, ments of KCC 9.39.030(B)(5) and (6) have been 0 the address of the intended recipient which is either satisfied. The court shall grant time payments only o listed on a citation issued by a police officer, or in cases of extreme financial need,and only after a c which appears on any record maintained by or for finding of such extreme financial need, and only the Department of Licensing, or which appears on where there is an assured and effective guarantee any document or correspondence filed with the of payment. Tow companies who contract with the court by the intended recipient, shall be an appro- city are required to abide by any orders issued by04 priate and accurate address of the intended recipi- the Kent municipal court under this chapter. ent. 8. If the tow and impound decision of the u, 4. Hearings shall, at the discretion of the police officer is found to be improper, the court w court,be held by a judge,commissioner,judge pro shall enter an order so stating and order the imme- tempore,or magistrate of the Kent municipal court, diate release of the vehicle.If the tow and impound who shall determine whether the impoundment costs have already been paid, the court shall order was proper and/or whether the associated removal, the city to refund the person who previously paid c towing, storage, and any administrative fees were those costs. If the tow and impound is determined E proper. The court may not adjust fees or charges to be improper, and a filing fee was paid, the city vi that are in compliance with the posted or con- shall also refund the filing fee to the payor. v tracted rates; the purpose of these fees is to cover 9. In the event the court finds that the tow and Y o� tow and impound costs associated with remedial impound was proper,but the costs associated with m tows authorized under Chapter 46.55 RCW and not the vehicle's removal,towing,storage,or adminis- to punish the individual. trative fees were not in compliance with the posted o 5. The court may consider the criminal cita- or contracted rates, the court shall determine the c tion, any civil infraction, the authorization to correct fees to be charged. If the tow and impound a impound created pursuant to KCC 9.39.060, and costs have been overpaid, the court shall order a -°a any other written report made under penalty of per- refund by the tow company of the tow and Q m jury submitted by the city of Kent or other impound costs that were overpaid. If the tow and impounding agency in lieu of the officer's personal impound costs are found to have been overpaid,the c appearance at the hearing.In evaluating any tow or city shall reimburse the filing fee to the payor. E impound under KCC 9.39.030, the court may also c� a (Revised 6/22) 9-50.14 Packet Pg. 174 4.E.a Kent City Code 9.40.030 i 10. No determination of facts made at a hear- Chapter 9.40 ing under this section shall have any collateral estoppel effect on a subsequent criminal prosecu- SPEED LIMITS tion, and such determination shall not preclude lit- O igation of those same facts in a subsequent criminal Sections: >, prosecution. 9.40.010 Findings. 11. The hearing procedures set forth in this 9.40.020 State speed law applicable. subsection shall apply only to hearings set pursuant 9.40.030 Streets and speed limits. E to this section. 9.40.040 Approval of State Highway w (Ord.No. 4427, § 1,4-5-22) Commission. 9.40.050 Regulation of speed by traffic signals. 9.39.060 Authorization to impound. 9.40.060 Violations. When an officer authorizes the impound of a motor vehicle pursuant to this chapter, such autho- 9.40.010 Findings. rization shall state the basis for the impound; the The Kent Traffic Code adopts by reference the ordinance or statute which authorizes the impound; Model Traffic Ordinance,set forth in Chapter 308- a the date, time, and place of the impound; and the 330 WAC. The Model Traffic Ordinance,pursuant .°a officer who authorized the impound. Such authori- to WAC 308-330-270, and RCW 46.61.415, set Q zation shall be delivered to the tow company forth the procedure for a municipality such as the within 24 hours of the impoundment. The tow city of Kent to determine and declare the maximum company shall deliver the authorization to speed limits on city arterials, streets, and other in impound to the registered and legal owners of the rights-of-way, and allows such to be done by reso- o vehicle with the other required information and lution after an engineering and traffic investigation o within the time period required by RCW by the traffic engineer. The city council finds that a 46.55.110. it is necessary and appropriate to adopt an ordi- (Ord.No. 3464, § 2,7-6-99; Ord.No. 4030, § 1,2- nance relating to the establishment of vehicular 21-12; Ord. No. 4427, § 1, 4-5-22. Formerly speed limits on certain designated streets in the city 9.39.040) as authorized by state law. (Ord.No. 3188, § 1, 10-4-94) 9.39.070 Authority to enforce. u, The chief of police, or their designee, and the 9.40.020 State speed law applicable. W court are hereby authorized to implement such The state traffic laws regulating the speed of administrative procedures as may be necessary to vehicles,RCW 46.61.400 through 46.61.475, shall carry out the provisions of this chapter, including be applicable upon all streets within this city, c any necessary contracts with tow companies to except as this chapter, as authorized by state law, respond to calls for service. declares and determines upon the basis of engi- (Ord.No. 4427, § 1,4-5-22) neering and traffic investigation that certain speed Ui regulations shall be applicable upon specified v streets or in certain areas,in which event,it shall be Y unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this chapter when signs are in place giving notice c thereof. r_ 0 (Ord.No. 3188, § 1, 10-4-94) a 0 13 9.40.030 Streets and speed limits. Q Pursuant to RCW 46.61.400(2)(a), all city W streets within the city limits shall have a speed limit 25 miles per hour to be in effect at all times except those streets and/or parts of streets c� a 9-50.15 (Revised 6/22) Packet Pg. 175 4.E.a Kent City Code i m c c L O V L E W i V L d NNd LPL O Q U) w- O This page left intentionally blank. O r a O m 0 M N M N K W C R N v a m C E L 0 i U U Y rn m r H O c O r O Q m r c m E t v .r a (Revised 6/22) 9-50.16 Packet Pg. 176 4.E.a Kent City Code 9.41.020 i which shall have speed limits to be in effect at all Chapter 9.41 times, as established by city council resolution, pursuant to the Model Traffic Ordinance set forth BICYCLE HELMETS in KCC 9.36.010, more specifically, WAC 308- O 330-270 and RCW 46.61.415, which resolution Sections: >, shall be on file in the city clerk's office. 9.41.010 Purpose and policy declared. (Ord.No. 3188, § 1, 10-4-94) 9.41.020 Definitions. 9.41.030 Bicycle helmet required. E 9.40.040 Approval of State Highway 9.41.040 Bicycle races and events—Bicycle w Commission. helmet required. The city traffic engineer is directed to obtain 9.41.050 Bicycle on lease or loan—Bicycle from the Washington State Department of Trans- helmet to be provided. portation any approval which may be required by 9.41.060 Helmet sales—Safety standards. RCW 47.24.020, and to see that proper signs are 9.41.070 Enforcement. posted along any highway or portion thereof for which such approval is required,notifying the pub- 9.41.010 Purpose and policy declared. a lic of the legal speed limit thereon. A. It is the express purpose of this chapter to .°a (Ord.No. 3188, § 1, 10-4-94) provide for and to promote the health, safety, and Q welfare of the general public and not to create, 9.40.050 Regulation of speed by traffic establish,or designate any particular class or group signals. of persons who will or should be especially pro- in The traffic engineer is authorized to regulate the tected or benefited by the terms of this chapter. o timing of traffic signals so as to permit the move- B. It is the specific intent of this chapter to place o ment of traffic in an orderly and safe manner. the obligation of complying with its terms upon a (Ord.No. 3188, § 1, 10-4-94) any person falling within its scope.No provision of this chapter is intended to impose any duty upon 9.40.060 Violations. the city of Kent or any of its officers,employees,or Violation of any of the speed limits established agents for any damage or injury resulting from the Q pursuant to this chapter, and any city council reso- failure of a person to comply with this chapter. 04 lution established hereunder,shall be considered to Implementation and enforcement of this chapter by x be a traffic infraction and shall be punishable by a the city of Kent and its officers or employees shall w monetary amount that may be determined by stat- be discretionary and not mandatory.This chapter is ute, ordinance or court rule. not intended to form the basis for liability of the (Ord.No. 3188, § 1, 10-4-94) city of Kent, or any of its officers, employees, or c agents,in the event that a person is injured or prop- erty is damaged as a result of the failure of any per- son to comply with its terms. Oi (Ord. No. 3465, § 1, 7-6-99) v 9.41.020 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: c A. Bicycle means every device propelled solely c by human power upon which a person or persons a may ride, having two (2)tandem wheels, either of .°a which is eight (8) inches or more in diameter, or three (3) wheels, any one of which is more than W twenty(20)inches in diameter. The term"bicycle" shall include any child-seat, trailer, side-car, or other device attached to a bicycle. A device meet- c� a 9-51 (Revised 12/99) Packet Pg. 177 4.E.a 9.41.030 Kent City Code i ing the definition of a bicycle shall be considered a lease of the bicycle by a person engaged in the bicycle notwithstanding the fact that training business of leasing bicycles and that the helmet wheels are affixed to the device. was fastened securely while bicycling. c B. Guardian means a person legally responsi- (Ord.No. 3465, § 1, 7-6-99) O ble for the care and management of a person under the age of sixteen (16). "Guardian" shall include 9.41.040 Bicycle races and events—Bicycle the parent, a person with legal custody, a person helmet required. a' with temporary custody,or a person who is tempo- The person managing, organizing,or promoting E rarily caring for the child. a bicycle race,tour,or event shall include notice of w i C. Child means a person under the age of six- the bicycle helmet requirement on all promotional teen(16). brochures and on all registration materials. D. Approved bicycle helmet means a head cov- (Ord.No. 3465, § 1, 7-6-99) ,d ering designed to protect the head that meets or exceeds safety standards adopted by the United 9.41.050 Bicycle on lease or loan—Bicycle States Consumer Product Safety Commission helmet to be provided. (CPSC),the American National Standards Institute A. Any person regularly engaged in the busi- a (ANSI), or the Snell Foundation. ness of renting or loaning (e.g., "a test drive") a -°a E. Public area means the public roadways, bicycle for use in any public area shall have an N sidewalks, bicycle paths, parks, public property, approved bicycle helmet available, shall offer such public rights-of-way,and publicly owned facilities helmet to the person renting or borrowing the bicy- within the city limits of the city of Kent. cle, and shall retain proof that such person was in (Ord.No. 3465, § 1, 7-6-99) offered the use of an approved bicycle helmet. 0 B. Each rental or lease in violation of this sec- o 9.41.030 Bicycle helmet required. tion shall constitute a separate offense. c A. Any person riding a bicycle,including a pas- (Ord.No. 3465, § 1, 7-6-99) senger on a bicycle or a person in tow of a bicycle, upon any public area,shall wear an approved bicy- 9.41.060 Helmet sales—Safety standards. cle helmet and shall have either the neck or chin No person who is regularly engaged in the sell- 04 strap of the helmet fastened securely while the ing of bicycle helmets shall sell or offer for sale a bicycle is in motion. bicycle helmet that does not meet or exceed the x B. No person shall transport another person on safety standards approved in KCC 9.41.020(D). w a bicycle or in tow of a bicycle upon any public Each sale in violation of this section shall consti- ca area, unless the passenger is wearing an approved tute a separate offense. M bicycle helmet. Each person transported in viola- (Ord.No. 3465, § 1, 7-6-99) c tion of this subsection shall be considered a sepa- rate offense chargeable to the person in control of 9.41.070 Enforcement. E the bicycle. A. Any person who violates any provision of 01 C. The guardian of a child is responsible for this chapter shall have committed a traffic infrac- v requiring that the child under his or her care wears tion punishable by a monetary penalty in the Y o� an approved bicycle helmet while bicycling, or amount of twenty-five dollars ($25). m riding as a passenger on a bicycle or in tow of a B. In the event that a person is charged with a bicycle, in any public area, and that the child has violation of KCC 9.41.030, the court may, upon o the neck or chin strap of the helmet fastened proof that the person has not been cited with a pre- c securely.Each child not wearing an approved bicy- vious violation of this chapter or a similar ordi- a cle helmet in violation of this section shall be con- nance,and upon proof that the person has obtained a sidered a separate offense chargeable to the parent an approved bicycle helmet and upon presentation or guardian. of a receipt therefor,may dismiss the charge. D. It is a defense to this section for a person (Ord.No. 3465, § 1, 7-6-99) c wearing an unapproved bicycle helmet that the hel- E met was furnished in conjunction with his or her c� a (Revised 12/99) 9-52 Packet Pg. 178 4.E.a Kent City Code 9.42.020 i Chapter 9.42 2. The person is associating with persons rac- ing in an unlawful race event; UNLAWFUL RACE ATTENDANCE 3. The person,by admission, is in attendance of an unlawful race event with the intent to observe O Sections: or support or encourage the unlawful race event; >+ 9.42.010 Definitions. 4. Statements of other persons who are shown 9.42.020 Unlawful race attendance— to be in attendance of an unlawful race event which a' Prohibited. provide evidence that the person intends to observe E or support or encourage an unlawful race event; w 9.42.010 Definitions. 5. The person either operates or is a passenger � Unless the context clearly requires otherwise, in a vehicle that shares the attributes of other vehi- the definitions in this section shall apply through- cles that are in attendance of the unlawful race ,d out this chapter. event or which are engaging in,about to engage in, A. Public place means an area, whether pub- or which have engaged in an unlawful race; licly or privately owned,generally open to the pub- 6. The person either operates or is a passenger D lic and includes, without limitation, the doorways in a vehicle which is driven in such a manner as to a and entrances to buildings or dwellings and the show evidence of an attempt to flee or escape -°a grounds enclosing them, streets, sidewalks, detection when a police officer arrives on the scene Q bridges,alleys,plazas,parks,driveways,and park- of an unlawful race event; or ing lots. 7. The person has no reasonable alternative B. Unlawful race event means an event wherein purpose for being in the area in which the unlawful in persons willfully compare or contest relative race event is occurring,is about to occur,or which 0 speeds by operation of one or more motor vehicles occurred. o or wherein persons willfully demonstrate, exhibit, (Ord.No. 3557, § 1,6-5-01;Ord.No. 3598, § 1,4- 0 or compare speed, maneuverability, or the power 16-02; Ord.No. 3738, § 1,4-5-05; Ord.No. 3921, of one or more motor vehicles, in a straight or § 1, 6-16-09) m curved direction, in a circular direction, around corners, or in circles in an activity commonly referred to as"drifting,"or by breaking traction. (Ord.No. 3557, § 1,6-5-01; Ord.No. 3738, § 1,4- 5-05; Ord.No. 4391, § 1,2-16-21) W c 9.42.020 Unlawful race attendance— a� Prohibited. c A. Any person (1) who has actual or construe- c tive knowledge that he or she is in attendance of an unlawful race event and(2)who has actual or con- 0i structive knowledge that an unlawful race event is v occurring, has occurred, or is about to occur, and Y (3)was there with the intent to observe or support or encourage the unlawful race event is guilty of a misdemeanor. c B. The circumstances which may be considered r_ 0 in determining whether a violation of subsection a (A) of this section has occurred shall include, but .00 not be limited to: a 1. The unlawful race event occurred in a des- ignated "No Racing Zone" as defined in KCC 9.43.030; z c� a 9-53 (Revised 5/21) Packet Pg. 179 4.E.a 9.43.005 Kent City Code i Chapter 9.43 9.43.015 SOAR orders. A SOAR order prohibits persons from engaging STAY OUT OF AREAS OF RACING—SOAR in racing or unlawful race attendance within a"No Racing Zone,"as set forth in KCC 9.43.030. O Sections: (Ord.No. 3557, § 2,6-5-01; Ord.No. 3598, § 2,4- 9.43.005 Findings. 16-02; Ord.No. 3738, § 2,4-5-05) 9.43.010 Stay Out of Areas of Racing— Abbreviation. 9.43.020 SOAR orders—Issuance. E 9.43.015 SOAR orders. A. The municipal court may issue a SOAR w 9.43.020 SOAR orders—Issuance. i order to any person charged with racing, unlawful d 9.43.030 SOAR orders—Designated"No race attendance, reckless driving associated with Racing Zones." race activity,or trespass associated with race activ- ,d 9.43.040 SOAR orders—Violation. ity as a condition of pre-trial release, sentence, or deferred sentence. 9.43.005 Findings.g B. A person is deemed to have notice of the � The zones listed in KCC 9.43.030 are fre- SOAR order when: a quented by illegal racers and those who attend ille- 1. The signature of either the person named in -°a gal races. These zones attract illegal street racers the order or that of his or her attorney is affixed to Q and their spectators as the roads are straight,wide, the bottom of the order, which signature shall sig- and long, and traffic during the dark hours is not nify the person named in the order has read the heavy. It is in these zones that street racers and order and has knowledge of the contents of the in their spectators cause damage to pavement, curb- order; or o ing, and street striping. Due to the volume of peo- 2. The order recites that the person named in o ple that attend illegal street races in these zones, the order, or his or her attorney, has appeared in c which can number in the hundreds, adjacent pri- person before the court at the time of issuance of vate property owners suffer economic loss due to the order. m the trash, human waste, and graffiti that is left C. The written SOAR order shall contain the behind. Street racers also cause damage to this pri- court's directives and shall bear the statement: M vate property by destroying planters and vegetation "Violation of this order is a criminal offense under and parking lot black top. In addition, due to the KCC 9.43.030 and will subject the violator to x high volume of people who attend illegal street arrest." w races, there is a severe risk of danger to the street (Ord.No. 3557, § 2,6-5-01; Ord.No. 3738, § 2,4- racers and their spectators. Spectators crowd the 5-05) a� streets as vehicles race close by at excessive speeds. This uncontrolled racing environment has 9.43.030 SOAR orders—Designated"No c been known to cause serious injuries and death Racing Zones." E around the country. The zones listed in KCC A. Designated zones. The SOAR order may 01 9.43.030 suffer a much higher incidence of illegal apply to any of the following"No Racing Zones": v street racing and race attendance than other zones 1. 54th Avenue South from South 228th Y or areas of the city. Ord.No. 3738 4-5-05 ( � § 2� ) Street to the end of the road at the 22500 block. m 2. 58th Place South from Russell Road to 9.43.010 Stay Out of Areas of Racing— South 194th Way. o Abbreviation. 3. 59th Place South from South 212th Street 0 0 As used in this title, the acronym "SOAR" rep- to South 199th Place. a resents"Stay Out of Areas of Racing." 4. 62nd Avenue South from South 199th -°a (Ord.No. 3557, § 2,6-5-01; Ord.No. 3738, § 2,4- Place to South 190th Street. a m 5-05) 5. 64th Avenue South from James Street to South 212th Street. c 6. 72nd Avenue South from 220th Street to E E South 180th Street. c� a (Revised 5/21) 9-54 Packet Pg. 180 4.E.a Kent City Code 9.43.040 i 7. 76th Avenue South (signage reads 76th forth in the SOAR order,the officer may arrest the Avenue) from South 228th Street (signage reads violator without warrant for violation of the SOAR 228th St.)to South 212th Street. order and shall bring that person before the court 8. 80th Avenue South from 196th Street to that issued the order. O South 180th Street. B. When a SOAR order is issued pursuant to 9. 85th Avenue South from South 202nd this chapter and the person so named in the order Street to South 198th Street. has notice of the order, a violation of any of the a' 10. 87th Avenue South from South 208th provisions of the SOAR order is a gross misde- E Street to South 198th Street. meanor and shall be punishable by a fine not to w i 11. 89th Avenue South (signage reads 89th) exceed five thousand dollars($5,000)or imprison- from the 20400 block to South 198th Street. ment not to exceed more than one(1)year,or both. 12. South 180th Street from 68th Avenue (Ord.No. 3557, § 2, 6-5-01;Ord.No. 3738, § 2,4- ,T South (West Valley Highway) to 84th Avenue 5-05) South(East Valley Highway). 13. South 190th Street from 62nd Avenue South to 68th Avenue South. a 14. South 194th Street and 58th Place South -°a from 66th Avenue South to Russell Road. Q 15. South 199th Place from 59th Place South r to 68th Avenue South(West Valley Highway). 16. South 202nd Street from 84th Avenue in South (East Valley Highway) to 89th Avenue o South. o 17. South 226th Street from 54th Avenue c South to 64th Avenue South. B. Adjoining areas included. These"No Racing Zones" include any highway, as that term is defined in RCW 46.04.197, together with adjoin- 04 M ing property areas (such as sidewalks, entryways, landscaped areas, and parking areas) if those x adjoining areas are being used for racing or unlaw- w ful race attendance. C. Posting of signs. These "No Racing Zones" shall be designated by the placement of clear and c conspicuous signs at all highway entrances to the c No Racing Zone. At a minimum, these signs must E include the following statements: "No Racing Vi Zone; Race Attendance Prohibited; KCC v 9.42.020." Y o� (Ord.No. 3557, § 2, 6-5-01;Ord.No. 3598, § 3,4- m 16-02; Ord. No. 3738, § 2, 4-5-05; Ord.No. 3921, § 2, 6-16-09) o c 0 9.43.040 SOAR orders—Violation. a A. In the event a police officer has probable -oa cause to believe that a person has been issued a SOAR order as a condition of pre-trial release or a sentence imposed by the court and, in the officer's c presence, the person is seen violating or failing to E comply with any requirement or restriction set U c� a 9-54.1 (Revised 9/09) Packet Pg. 181 4.E.a Kent City Code i m c c L O V L E W i V L d NNd LPL O Q U) w- O r- This page left intentionally blank. O r a O m 0 M N M N K W C R N v C cC C E L 0 i U U Y rn m r H O c O r O Q m r c m E t v .r a (Revised 9/09) 9-54.2 Packet Pg. 182 4.E.a Kent City Code 9.44.050 i Chapter 9.44 9.44.020 Prohibited areas. A. The operation or use of motorized wheeled MOTORIZED WHEELED transportation devices shall not be permitted in or TRANSPORTATION DEVICES upon the following areas: O 1. Improved or natural surface recreational Sections: trails. 9.44.010 Definition. 2. Parks. a' 9.44.020 Prohibited areas. 3. Publicly owned or operated parking lots. E 9.44.030 Times of operation. 4. Streets with a maximum speed limit in w 9.44.040 Age of operator. i g p excess of twenty-five (25)miles per hour. d 9.44.050 Helmet required. B. Motorized wheeled transportation devices 9.44.060 Brakes required. shall not be permitted on sidewalks;provided,that ,d 9.44.070 Noise. motorized wheeled transportation devices may be 9.44.080 No more than one(1)person permitted operated upon sidewalks that are adjacent to streets —Towing or pulling prohibited. that have a speed limit in excess of twenty-rive(25) 9.44.090 Operator to abide by rules applicable miles per hour; provided further, that when the a to bicycles. operation of a motorized wheeled transportation -°a 9.44.100 Negligent operation—Prohibited. device on a sidewalk is lawful,the device shall not Q 9.44.110 Parental responsibility. p Y be operated on the sidewalk at a speed in excess of 9.44.120 Recreation or entertainment business five(5)miles per hour,and the operator must,at all that uses motorized wheeled times,yield to pedestrian or bicycle traffic. in transportation device. (Ord.No. 3707, § 1, 9-7-04) o 9.44.130 Violation—Penalty. o 9.44.030 Times of operation. c 9.44.010 Definition. A. A motorized wheeled transportation device For the purposes of this section, a motorized shall not be operated between the hours of 9:00 wheeled transportation device shall mean any p.m. and 7:00 a.m. device which has no more than two (2)wheels, is B. A motorized wheeled transportation device M 04 propelled by an electric or liquid fuel motor,and is operated during the "hours of darkness," as that intended to transport a person on or across land. A phrase is defined in RCW 46.04.200, shall display motorized wheeled transportation device shall a white light to the front of the device that is visible w include, but shall not be limited to, a "motorized from a distance of five hundred(500)feet from the foot scooter" as that term is defined in RCW front of the device,and a red light on the rear of the 46.04.336,and any electric or gas powered scooter, device that is visible from a distance of five hun- c power board, motor powered skateboard, minia- dred(500)feet from the rear of the device. c ture motorcycle,pocket bike,or miniature chopper, (Ord.No. 3707, § 1, 9-7-04) E regardless of the manner in which the device is Oi designed; provided, that a motorized wheeled 9.44.040 Age of operator. v transportation device shall not include any of the No person under the age of thirteen (13) shall Y followingas defined in the referenced RCW: 2 operate a motorized wheeled transportation device. m RCW (Ord.No. 3707, § 1, 9-7-04) 46.04.169 Electric-assisted bicycle. c 46.04.1695 Electric personal assistive 9.44.050 Helmet required. c mobility device. Any person operating or riding upon any motor- a 46.04.304 Moped. ized wheeled transportation device shall, at all 13 46.04.330 Motorcycle. times, wear a "motorcycle helmet" as that term is m 46.04.332 Motor-driven cycle. defined in RCW 46.37.530,or an approved bicycle 46.04.415 Power wheelchair. helmet certified by the United States Consumer c 46.04.710 Wheelchair conveyance. Product Safety Commission(CPSC),the American E (Ord.No. 3707, § 1, 9-7-04) National Standards Institute (ANSI), or the Snell c� a 9-55 (Revised 12/04) Packet Pg. 183 4.E.a 9.44.060 Kent City Code i foundation, and shall have the chin strap fastened 9.44.100 Negligent operation—Prohibited. securely while the motorized wheeled transporta- The negligent operation of a motorized wheeled tion device is in motion. transportation device shall be prohibited. For the c (Ord.No. 3707, § 1, 9-7-04) purposes of this section, the term negligent shall O mean the failure to exercise ordinary care, and is 9.44.060 Brakes required. the doing of some act that a reasonably careful per- Motorized wheeled transportation devices shall son would not do under the same or similar circum- m be equipped with brakes that will enable the oper- stances or the failure to do something that a E ator to make the braked wheels skid on dry, level, reasonably careful person would do under the same w i clean pavement. or similar circumstances. It is an affirmative (Ord.No. 3707, § 1, 9-7-04) defense to negligent operation of motorized wheeled transportation device that must be proved ,! 9.44.070 Noise. by the defendant by a preponderance of the evi- A. The operation of a motorized wheeled trans- dence that the operator was operating the motor- portation device shall be subject to the provisions ized wheeled transportation device on private of KCC 9.02.200,Public disturbance. property with the consent of the owner in a manner a B. No motorized wheeled transportation device consistent with the owner's consent. -°a powered by a liquid fuel motor shall be operated (Ord.No. 3707, § 1, 9-7-04) Q unless such device is equipped with a properly working muffler that is designed to reduce the 9.44.110 Parental responsibility. noise produced by the device. A parent or guardian who has custody of any in (Ord.No. 3707, § 1, 9-7-04) child or ward under the age of eighteen (18) shall o not authorize or knowingly permit any such child o 9.44.080 No more than one(1)person or ward to violate any of the provisions of this sec- c permitted—Towing or pulling tion. prohibited. (Ord.No. 3707, § 1, 9-7-04) A. No more than one person shall operate or ride upon a single motorized wheeled transporta- 9.44.120 Recreation or entertainment04 tion device at the same time.In the event that more business that uses motorized than one person operates or rides upon a single wheeled transportation device. x device at the same time, each person operating or This chapter shall not apply to any properly w riding the device shall be in violation of this sec- zoned, located, and licensed business in which tion. motorized wheeled transportation devices are uti- B. No person operating a motorized wheeled lized for recreation or entertainment on the prop- c transportation device shall tow or pull another per- erty of the business. c son behind such device. In the event that a person (Ord.No. 3707, § 1, 9-7-04) E is towed or pulled behind a motorized wheeled 01 transportation device, the person operating the 9.44.130 Violation—Penalty. v motorized wheeled transportation device and the A violation of any provision of this chapter shall Y o� person being towed or pulled shall be in violation be punishable by the imposition of a monetary pen- m of this section. alty in the amount of one hundred fifty dollars (Ord.No. 3707, § 1, 9-7-04) ($150).The court may also order a person found to 0 have committed a civil infraction to make restitu- 0 9.44.090 Operator to abide by rules tion. a applicable to bicycles. A. Kent municipal court — jurisdiction. The Except as provided in this chapter, every person Kent municipal court shall have jurisdiction to operating a motorized wheeled transportation adjudicate,in accordance with applicable laws,any device upon a roadway shall have the same rights violation of this chapter;provided,that in the event c and duties as operators of bicycles. E (Ord.No. 3707, § 1, 9-7-04) c� a (Revised 12/04) 9-56 Packet Pg. 184 4.E.a Kent City Code 9.44.130 i jurisdiction over a juvenile lies with another court, that other court shall have jurisdiction to adjudicate the offense. S B. Penalty—immediately payable. Whenever a O monetary penalty is imposed by a court under this section, it is immediately payable. If the person is unable to pay at that time, the court may grant an m extension of the time period within which the pen- E alty may be paid. If the penalty is not paid on or W i before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the ,! prosecuting authority of the failure to pay. (Ord.No. 3707, § 1, 9-7-04) as a 0 Q a� r in 0 0 r a 0 m 0 M N M N K W C R N v C C E L 0 i V V Y Cn 0 O CL 0 Q d E M V Q 9-57 (Revised 12/04) Packet Pg. 185 4.E.a i EXHIBIT B c c Ordinance No. 4436 �a L Adopted July 19, 2022 0 c w a� L E W V C w L d NNd LPL 0 Q yr yr U) 0 Q 0 d 0 M N M N K W C R N v C cC C E L 0 U U Y rn m r H 0 c O r 0 Q m r c m E t v 0 .r a Packet Pg. 186 4.E.a i m U c c L O U c a� a� L E ORDINANCE NO. 4436 w a� c a� L AN ORDINANCE of the City Council of the City of Kent, Washington, declaring an emergency and amending Chapter 9.02 of the Kent City Code, � entitled "Criminal Code," to. (i) adopt by reference 2 new civic infractions and crimes enacted by the state �0 Legislature during its 2021 and 2022 sessions for Q application and enforcement in the City of Kent, and r (ii) make other housekeeping amendments to the criminal code to update changes made to the U) Revised Code of Washington titles, adopt other o misdemeanor crimes that were not previously o adopted by specific reference and adopt Class C a 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. 0 M N M N RECITALS w c A. During its 2021 and 2022 legislative sessions, the Washington State Legislature adopted a number of bills that added new criminal provisions to the Revised Code of Washington ("RCW").1 The Kent City Code o 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 a� reference into the Kent City Code, that reference is sufficient for subsequent amendments the Legislature may make to that state law provision. Through o c 0 r a 1 These new offenses include: violation of various types of court orders; carrying a Q weapon on the state capitol; failure to pay an excise tax; failure to pay or m conversion of funds meant for 988 behavioral health emergency line; prohibitions on large capacity magazines, untraceable firearms, and unfinished frames. m 1 Criminal Code Amendments - t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 187 4.E.a i m Section 9.02.020, the Kent City Code has adopted nearly all misdemeanors, c gross misdemeanors, and Class C felonies contained in the RCW. However, to provide clarity as to new crimes that didn't previously exist, the Kent City Code is hereby amended to specifically name new state law provisions. L E W B. Although the City of Kent has broadly adopted by reference a� virtually all state criminal statutes through Kent City Code Section 9.02.020, c a� L this ordinance is being presented as an emergency measure out of an abundance of caution, to address a recent challenge to the Kent Municipal Court's jurisdiction. While the challenge lacks legal merit, the risk of an adverse ruling and the gap in services that could emerge while the City 0 appeals is an undue risk. It is of overwhelming importance that the physical N a� r safety of victims be maintained, and therefore to remove any potential w r ambiguity or question of the Municipal Court's ability to enforce protection U) 4- 0 orders, this ordinance is advanced as an emergency to be retroactively o effective as of the date each state law adopted by reference took effect. With o respect to the changes applicable to protection orders, that date is July 1, 2022. 0 M N M C. While updating the criminal code to add these new crimes, staff x made other housekeeping amendments to reflect changes made to the c Revised Code of Washington titles, and incorporated into the ordinance other misdemeanor crimes that were not previously adopted by specific reference.z 0 i U U D. A reference to a repealed section of the RCW has also been Y removed.3 °'w 4- 0 These offenses include: improper disclosure of Department of Licensing o information; sale of noxious weed seed; disclosure of tax information; various o agricultural and environmental crimes. Q 3 This repealed offense was advertising cures of lost sexual potency. Additionally, severaf offenses related to protective orders were repealed or recodified. r c m 2 Criminal Code amendments- t 2021 and 2022 State Legislative Sessions � r w Q Packet Pg. 188 4.E.a i m _ _ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, =a O WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: a� a� L ORDINANCE E w i SECTION I. -Adoption - Section 9.02.045. A new Section 9,02.045 _ of the Kent City Code, entitled "RCW Chapter 4.24, entitled 'Special Rights ( (D of Action and Special Immunities' - Adoption by reference," is adopted as follows: a� a 0 Sec. 9.02.045. RCW Chapter 4.24, entitled "Special Rights of Q Action and Special Immunities" -- Adoption by reference. The w following RCW sections, as currently enacted or as hereafter amended or U) 4- recodified from time to time, are hereby adopted by reference and shall be °_ 0 given the same force and effect as if set forth herein in full: a 0 �a m RCW 4.24.130 Action for change of name — Fees. N M SECTION 2. - Amendment - Section 9.02.050. Section 9.02.050 of w the Kent City Code, entitled "RCW Title 7, entitled 'Speciat Proceedings and Actions' - Adoption by reference," is amended as follows: _ _ Sec. 9.02.050. RCW Title 7, entitled "Special Proceedings and Oi Actions" - Adoption by reference. The following RCW sections, as Y currently enacted or as hereafter amended or recodified from time to time, a� are hereby adopted by reference and shall be given the same force and 4- effect as if set forth herein in full: 0 _ 0 r a 0 RCW a 7.21,010 Definitions. r _ m 3 Criminal Cade Amendments- t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 189 4.E.a i m 7.21.020 Sanctions - Who may impose. 7,21,030 Remedial sanctions - Payment for losses. 7.21.040 Punitive Sanctions - Fines, o 7.21.050 Sanctions - Summary imposition - Procedure. 7.21.070 Appellate review. 7.80.120 Monetary penalties - Restitution. 7.80.150 Notices - Record of - Cancellation prohibited, penalty - Audit. E 7.80,160 Failure to exercise notice options - Failure to satisfy penalty. W 7.84.060 Response to notice - Contesting determination - Mitigating circumstances - Hearing - Failure to respond or appear - Penalty. (, 7.84,100 Monetary penalties. 7.84,130 Failure to pay or complete community restitution - Penalty. 7 90. ❑n_ n,.rde.-, Of vQf issuancepre-tectUen---erder—rRe edjes a ae�- �° wee- Q pefefy-arde n -Issuanee. a o eery a T w r 7.94.020 De€+ni-tlens- o T. 4�. e•u n'd s f er efde•r riim r'• Q efrT. 7 94 070 Se«Ρyir=e by pbiblealtief:�-E)F Mad'. 77,94.R. O^O89 TeFffilTTa't'len and Fen a! of .,.-.1eFs- O M 7.94.090 - FireIImrs SuFr-ende : N M 7. 4.100r�ti o r filsRerrnfi }5p N K ?.94.12C) Penalties. 7.105.450 Enforcement and penaflties - Other than antiharassment protection orders and extreme risk protection orders. 7.105.455 Enforcement and penalties - Antiharassmentprotection orders. 7.105.460 Enforcement and penalties - Extreme risk protection orders - False petitions. 0� U U SECTION 3. - Amendment- Section 9.02.060. Section 9.02.060 of Y the Kent City Code, entitled "RCW Title 9, entitled 'Crimes and Punishments' w Adoption by reference," is amended as follows: o c 0 r a Sec. 9.02.060. RCW Title 9, entitled "Crimes and Punishments" a Adoption by reference. The following RCW sections, as currently r c m 4 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 190 4.E.a i m 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: a� L RCW w 9.01.055 Citizen immunity if aiding officer, scope - When. 9.01.110 Omission, when not punishable, °; 9.01.130 Sending letter, when complete. L 9.02,050 Concealing birth. 9.02.120 Unauthorized abortions - Penalty. 9.02.130 Defenses to prosecution. 9.02.170 Definitions. 9.03.010 Abandoning, discarding refrigeration equipment. c 9.03.020 Permitting unused equipment to remain on premises. Q 9.03,030 Violation of RCW 9.03,010 or 9.03.020. 9.03.040 Keeping or storing equipment for sale. 9.04,010 False advertising. 2 97G4:-t .4 0 A4vef i-si nfj-errF es-of-fie s E n e x t p e r+e U) 9.04.0S0 False, misleading, deceptive advertising. ° 9.04.070 False, misleading, deceptive advertising - Penalty. o 9.04.090 Advertising fuel prices by service stations. o 9,08.030 False certificate of registration of animals - False representation as to breed. 9.08.065 Definitions. 9.08.070 Pet animals - Taking, concealing, injuring, killing, etc. - N Penalty. 9.08.072 Transferring stolen pet animal to a research institution - x Penalty. w 9,08.074 Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution - Penalty. 9.08.076 Transferring stolen pet animal to a research institution by a c U.S.D.A. licensed dealer - Penalty. 9,08.078 Illegal sale, receipt, or transfer of pet animals - Separate o offenses. i 9.08,090 Acts against animal facilities. 9.12.010 Barratry. Y a� 9.12,020 Buying, demanding, or promising reward by district judge or a� deputy. 9.16.005 Definitions. o 9.16.010 Removing lawful brands. c 9.16,020 Imitating lawful brand. a 9.16.030 Counterfeit mark - Intellectual property. 9.16.035 Counterfeiting - Penalties. 9.16.041 Counterfeit items - Seizure and forfeiture. r _ m 5 Criminal Code Amendments- 20.21 and 2022 State Legislative Sessions r w Q Packet Pg. 191 4.E.a i m 9,16.050 When deemed affixed. 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. 9,16.080 Petroleum products improperly labeled or graded - Penalty. 9,16.100 Use of the words "sterling silver," etc. 9.16,110 Use of words "coin silver," etc. 9,16.120 Use of the word "sterling" on mounting. E 9.16.130 Use of the words "coin silver" on mounting. w 9.16.140 Unlawfully marking article made of gold. 9.16.150 "Marked, stamped or branded" defined. 9.18.080 Offender a competent witness. (, 9,18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding - Penalty. 9.18.150 Agreements outside state. 9.24.010 Fraud in stock subscription. a 9.24.040 Corporation doing business without license. �° 9.26A.090 Telephone company credit cards - Prohibited acts. Q 9.26A.100 Definitions. a r 9.26A.110 Fraud in obtaining telecommunications service - Penalty. w 9.26A.120 Fraud in operating coin-box telephone or other receptacle. cyan 9.26A,130 Penalty for manufacture or sale of slugs to be used for coin, o 9.26A.140 Unauthorized safe or procurement of telephone records - o Penalties - Definitions. a 9.27,015 Interference, obstruction of any court, building, or residence - 0 Violations. f° m 9.35,005 Definitions. 9.35,010 Improperly obtaining financial information. M 9.35.020 Identity theft. M 9,35,030 Soliciting undesired mail. 9.38.010 False representation concerning credit. w 9.38,015 False statement by deposit account applicant, 9.38,020 False representation concerning title. 9.38.060 Digital signature violations. U 9.40,040 Operating engine or boiler without spark arrester_ 9.40.100 Tampering with fire alarm or firefighting equipment - False alarm - Penalties. o 9.41.010 Terms defined, 9,41.040 Unlawful possession of firearms - Ownership, possession by Y certain persons - Restoration of right to possess - Penaltiesy. 9.41.050 Carrying firearms. w 9.41,060 Exceptions to restrictions on carrying firearms. 4- 9.41.070 Concealed pistol license - Application - Fee - Renewal. r- 9.41.080 Delivery to ineligible persons. ° r 9.41,090 Dealer deliveries regulated - Hold on delivery - Fees o authorized. a 9.41.100 Dealer licensing and registration required. 6 r c m 6 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions v r w Q Packet Pg. 192 4.E.a i m 9.41,110 Dealer's licenses, by whom granted, conditions, fees - Employees, fingerprinting and background checks - Wholesale =_ sales excepted - Permits prohibited. 9.41.113 Firearm sales or transfers - Background checks - Requirements - Exceptions. 9.41.115 Penalties - Violations of RCW 9.41.113, 9.41,120 Firearms as loan security. E 9.41.140 Alteration of identifying marks - Exceptions. w 9.41.171 Alien possession of firearms - Requirements - Penalty. 9.41.173 Alien possession of firearms - Alien firearm license - Political subdivisions may not modify requirements - Penalty for false (, statement. 9.41,175 Alien possession of firearms - Possession without license - Conditions. 9.41.190 Unlawful firearms - Exceptions. 2 9.41.220 Unlawful firearms and parts contraband. 0 9,41.230 Aiming or discharging firearms, dangerous weapons. Q 9.41,240 Possession of pistol or semiautomatic assault rifle by person a from eighteen to twenty-one. 9.41.250 Dangerous weapons - Penalty. 9.41,251 Dangerous weapons - Application of restrictions to law — enforcement, firefighting, rescue, and military personnel. o 9.41,260 Dangerous exhibitions. a 9,41,270 Weapons apparently capable of producing bodily harm - 0 Unlawful carrying or handling - Penalty - Exceptions. 9.41.280 Possessing dangerous weapons on school facilities - Penalty - Exceptions. c 9,41,282 Possessing dangerous weapons on child care premises -- M Penalty — Exceptions. 9.41.284 Possessing dangerous weapons at voting facilities - Penalty - w Exceptions. 9.41.290 State preemption. 9.41.300 Weapons prohibited in certain places - Local laws and � ordinances - Exceptions - Penalty. 9.41.305 Open carry of weapons prohibited on state capitol grounds and municipal_buildings. o 9.41.325 Undetectable or untraceable firearms — Penalties. 9_41.326 Untraceable firearms - Exceptions - Penalties. Y 9.41.327 Unfinished frames or receivers - Exceptions - Penalties. 9.41.335 Facture to register as felony firearm offender. w 9.41.345 Return of privately owned firearm or concealed pistol license 4- by law enforcement agency — Duties — Notice — Exception. r_ 9.41.350 Voluntary waiver of firearm rights — Procedure — Penalty — ° r Exemption from public disclosure. o 9.41.360 Unsafe storage of a firearm. a 9.41.800 Surrender of weapons or licenses Prohibition on future r6 possession or licensing. c m 7 Criminal Code Amendments- t 202.E and 2022 State Legislative sessions r w Q Packet Pg. 193 4.E.a i m 9.41.810 Penalty. 9.44.080 Misconduct in signing a petition. 9.45.060 Encumbered, leased, or rented personal property - 0 Construction. 9,45,070 Mock auctions. 9,45.080 Fraudulent removal of property. 9.45,090 Knowingly receiving fraudulent conveyance. E 9.45.100 Fraud in assignment for benefit of creditors. w 9.45.160 Fraud in liquor warehouse receipts. 9.45.170 Penalty. 9.45.210 Altering sample or certificate of assay. (, 9.45.220 Making false sample or assay of ore. 9.45,260 Fire protection sprinkler System contractors - Wrongful acts. 9,45,270 Fraudulent filing of vehicle report of sale. 9.46.0201 "Amusement game." 2 9,46,0205 "Bingo." �° 9.46,0209 "Bona fide charitable or nonprofit organization." Q 9.46.0213 "Bookmaking." a 9,46.0217 "Commercial stimulant." w 9.46,0221 "Commission." U) 9.46,0225 "Contest of chance." o 9.46.0229 "Fishing derby." o 9,46.0233 "Fund-raising event." a 9.46.0237 "Gambling." °- 9,46,0241 "Gambling device." a 9.46.0245 "Gambling information." 9.46.0249 "Gambling premises." o 9.46.0253 "Gambling record." M 9.46.0257 "Lottery." 9.46.0261 "Member,""bona fide member." x w 9,46,0265 "Player," 9,46,0269 "Professional gambling." 9.46.0273 "Punchboards," "pull-tabs." 9.46.0277 "Raffle." 9.46.0282 "Social card game." 9,46,0285 "Thing of value." 0� 9.46.0289 "Whoever,""person." L) 9.46.170 False or misleading entries or statements, refusal to produce Y records. 9,46,185 Causing person to violate rule or regulation. r 9.46.190 Violations relating to fraud, or: deceit, altering or o misrepresenting, bettin . or uar�-ibling - Penalty_. 0 9.46.195 Obstruction of public servant - Penalty, o r 9.46.196 Cheating - Defined. a 0 9.46,1961 Cheating in the first degree. a 9.46.1962 Cheating in the second degree, 6 8 Criminal Code Amendments- 202T and 2022 State Legislative Sessions L) R r w Q Packet Pg. 194 4.E.a i m 9.46.198 Working in gambling activity without license as violation - Penalty. E 9.46.215 Ownership or interest in gambling device - Penalty - o Exceptions. 9,46.217 Gambling records - Penalty - Exceptions. 9,46,221 Professional gambling in the second degree. 9.46.222 Professional gambling in the third degree. E 9.46.228 Gambling activities by persons under age eighteen prohibited w - Penalties - ]urisdiction - In-house controlled purchase programs authorizer!. � 9.46.240 Gambling information, transmitting or receiving. 9.47.080 Bucket shop defined, 9.47.090 Maintaining bucket shop - Penalty. 9,47.100 Written statement to be furnished - Presumptions. � 9.47A.010 Definition. a 9.47A.020 Unlawful inhalation - Exception. 0 9.47A.030 Possession of certain substances prohibited, when, Q 9,47A.040 Sale of certain substances prohibited, when, a 9.47A,050 Penalty. 9.51,010 Misconduct of officer drawing 3ury. U) 9,51.020 Soliciting jury duty, o 9.51.030 Misconduct of officer in charge of jury. o 9.51.040 Grand juror acting after challenge allowed. a 9,51,050 Disclosing transaction of grand jury. 9,51.060 Disclosure of deposition returned by grand jury, 9.55.020 Witness refusing to attend legislature or committee or to testify, o 9.61.190 Carrier or racing pigeons - Injury to. M 9,61.200 Carrier or racing pigeons - Removal or alteration of identification. x w 9.61.230 Telephone harassment. 9.61,240 Telephone harassment - Permitting telephone to be used. 9.61.250 Telephone harassment - Offense, where deemed committed, c 9.62.010 Malicious prosecution, 9.62,020 Instituting suit in name of another. 0� 9.66,010 Public nuisance. L) 9.66.020 Unequal damage. Y 9.66.030 Maintaining or permitting nuisance. 9,66,040 Abatement of nuisance, 9.66.050 Deposit of unwholesome substance. o 9.68,015 Obscene literature, shows, etc. - Exemptions. r_ 9.68,030 Indecent articles, etc. 9,68.050 "Erotic material" - Definitions, o 9.68,060 "Erotic material" - Determination by court - Labeling - a Penalties. 6 9.68.070 Prosecution for violation of RCW 9,68,060 - Defense. c a� 9 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions � r w Q Packet Pg. 195 4.E.a i m 9.68,080 Unlawful acts. 9.68.100 Exceptions to RCW 9.68.050 through 9.68.120. 9,68.110 Motion picture operator or projectionist exempt, when. o 9.68,130 "Sexually explicit material" - Defined - Unlawful display. 9.68,140 Promoting pornography - Class C felony - Penalties. 9.68A.011 Definitions. 9.68A.050 Dealing in depictions of minor engaged in sexually explicit conduct, w 9.68A.060 Sending, bringing into state depictions of minor engaged in sexually explicit conduct. 9.68A.070 Possession of depictions of minor engaged in sexually explicit conduct, aD w 9,68A.075 Viewing depictions of a minor engaged in sexually explicit conduct. 9.68A.080 Reporting of depictions of a minor engaged in sexually explicit a conduct - Civil immunity. �° 9.68A.090 Communication with minor for immoral purposes - Penalties. Q 9.68A,102 Promoting travel for commercial sexual abuse of a minor - r Penalty - Consent of minor does not constitute defense. 9.68A.103 Permitting commercial sexual abuse of a minor - Penalty - rn Consent of minor does not constitute defense. o 9.68A.110 Certain defenses barred, permitted. o 9.68A.120 Seizure and forfeiture of property. a 9.68A.150 Allowing minor on premises of live erotic performance - �° Definitions - Penalty. 9.69.100 Duty of witness of offense against child or any violent offense - Penalty, o 9.72.090 Committal of witness - Detention of documents. M 9.73.010 Divulging telegram. N 9.73.020 Opening sealed letter, w 9.73.030 intercepting, recording or divulging private communication - Consent required - Exceptions. 9.73.050 Admissibility of intercepted communication in evidence. 9.73.070 Persons and activities excepted from chapter. 9.73,080 Penalties. L 9.73.090 Certain emergency response personnel exempted from RCW Oi 9.73.030 through 9.73.080 - Standards - Court authorizations - Admissibility. Y 9.73,100 Recordings available to defense counsel. a� 9.73.110 intercepting, recording, or disclosing private communications - Not unlawful for building owner - Conditions. 4- 9.73.230 Intercepting, transmitting, or recording conversations r- concerning controlled substances or commercial sexual abuse .2 of a minor - Conditions - Written reports required - Judicial o review - Notice - Admissibility - Penalties. a 9.73,260 Pen registers, trap and trace devices, cell site simulator 6 devices. r c a� 10 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 196 4.E.a i m 9.81.010 Definitions, 9.81.030 Membership in subversive organization is felony - Penalty. 9.81.110 Misstatements are punishable as perjury - Penalty. o 9,86.010 "Flag," etc., defined. 9,86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. 9,91.010 Denial of civil rights - Terms defined. E 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. i 9.91,060 Leaving children unattended in a parked automobile. 9.91,130 Disposal of trash in charity donation receptacle. 9.91.140 Food stamps - Unlawful sale. 9.91.142 Food stamps - Trafficking. (D 9.91.144 Food stamps - Unlawful redemption. 9,91.150 Tree spiking. 9.91,160 Personal protection spray devices. a 9.91,170 Interfering with dog guide or service animal �0 9,91,175 Interfering with search and rescue dog. Q 9.91.180 Violent video or computer games. 9.92.020 Punishment of gross misdemeanor when not fixed by statute. 9.92.030 Punishment of misdemeanor when not fixed by statute. U) 9.92.040 Punishment for contempt. o 9.92.080 Sentence on two or more convictions or counts. o 9,94.041 Narcotic drugs, controlled substances, alcohol, marijuana, a other intoxicant, cell phone, or other form of electronic telecommunications device --- Possession, etc., by prisoners -- Penalty. 9.96.060 Vacating records of conviction for misdemeanor and gross M misdemeanor offenses.-KisdemettneF OF gross fnisdemeanof M ffenses, pet se _ prostitutionz mil!1Te ee I � �F (n effefise_ as- reaul.. t of being a victim of traf iF-16 g, pfe tin-9 W a }t15C'�r a T'7itiiE�r,�}r I Fnf� iFl 1 SvTia, eF Of 10l-n" M ceFta� !statute--D —r-tfl'-r�ligg—the fL' Id F$f1—$ - i5 ilAf -- c �a L SECTION 4, - Amendment - Section 9.02.070. Section 9.02.070 of of the Kent City Code, entitled "RCW Title 9A, entitled 'Washington Criminal Y rn Code' - Adoption by reference," is amended as follows: r 4- 0 Sec. 9.02.070. RCW Title 9A, entitled "Washington Criminal 0 r Code" - Adoption by reference. The following RCW sections, as currently -0 enacted or as hereafter amended or recodified from time to time, are hereby c as E # 1 Criminal Cade Amendments- t 2021 and 2022 State Legislative Sessions r .r Q Packet Pg. 197 4.E.a i m adopted by reference and shall be given the same force and effect as if set c forth herein in full; =a O c RCW L 9A.04.020 Purposes - Principles of construction. 9A.04.030 State criminal jurisdiction. 9A.04.040 Classes of crimes. 9A.04.050 People capable of committing crimes - Capability of children. 9A.04.060 Common law to supplement statute. (, 9A.04.070 Who amenable to criminal statutes. 9A.04.080 Limitation of actions. 9A.04,090 Application of general provisions of the code. 9A.04.100 Proof beyond a reasonable doubt. a 9A.04.110 Definitions. 0 9A.08.010 General requirements of culpability. Q 9A.08.020 Liability for conduct of another - Complicity, a 9A.08.030 Gerpffa�eEntity and personal liability. w 9A.12.010 insanity. U) 9A.16.010 Definitions. o 9A.16.020 Use of force - When lawful. r- 0 9A.16.060 Duress. a 9A.16.070 Entrapment. -0 9A.16.080 Action for being detained on mercantile establishment premises `a a� for investigation _ "Reasonable grounds" as defense. 9A,16.090 I ntoxication. o 9A.16.100 Use of force on children - Policy - Actions presumed M unreasonable. 9A.16.120 Outdoor music festival, campground - Detention. w 9A,20.010 Classification and designation of crimes, 9A,20.021 Maximum sentences for crimes committed July 1, 1984, and after. 9A.20.030 Alternative to a fine - Restitution. 9A.28.020 Criminal attempt. 9A.28.030 Criminal solicitation. Oi 9A.28.040 Criminal conspiracy. 9A.36.031 Assault in the third degree. Y 9A.36.041 Assault in the fourth degree. 9A.36.050 Reckless endangerment. 9A.36.060 Promoting a suicide attempt. ~ 9A.36.070 Coercion. r- 9A.36.080 Hate crime offenseMa eoHs haFassmentl - Definition and 0 r criminal penalty. o 9A.36.100 Custodial assault. a 9A.36.140 Assault of a child in the third degree. 6 9A.36,150 Interfering with the reporting of domestic violence. c m 12 Criminal Code Amendments - t 202I and 2022 State Legislative Sessions R r w Q Packet Pg. 198 4.E.a i m 9A.36.160 Failing to summon assistance. 9A.36,161 Failing to summon assistance - Penalty. E 9A.40.010 Definitions. 9A.40.040 Unlawful imprisonment, 9A,40,060 Custodial interference in the first degree. 9A.40,070 Custodial interference in the second degree. 9A.40.080 Custodial interference - Assessment of costs - Defense - Consent defense, restricted, w 9A.40,090 Luring. 9A,40,110 Coercion of involuntary servitude. 9A.40.120 Enforcement of orders restricting contact. (, 9A.42.010 Definitions. 9A.42.030 Criminal mistreatment in the second degree. 9A.42,035 Criminal mistreatment in the third degree. 9A.42,037 Criminal mistreatment in the fourth degree. 2 9A.42.040 Withdrawal of life support systems. �° 9A.42.045 Palliative care. Q 9A.42.050 Defense of financial inability. a 9A.42,070 Abandonment of a dependent person in the second degree - Exception. U) 9A.42.080 Abandonment of a dependent person in the third degree - o Exception. r- 0 9A.42.090 Abandonment of a dependent person - Defense. a 9A,42.110 Leaving a child in the care of a sex offender. 0 9A.44,010 Definitions. 9A.44.020 Testimony - Evidence - Written motion - Admissibility. 9A,44,030 Defenses to prosecution under this chapter, c 9A,44.060 Rape in the third degree, M 9A.44,079 Rape of a child in the third degree. 9A.44M9 Child molestation in the third degree. x w 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.44,115 Voyeurism, 9A.44.120 Admissibility of child's statement - Conditions. 9A.44.128 Definitions applicable to RCW 9A.44,130 through 9A.44.145, o 10.01.200, 43.43.540, 70.48.470, and 72.09.330. 9A.44,130 Registration of sex offenders and kidnapping offenders - Y Procedures - Definition - Penalties. 9A.44.132 Failure to register as sex offender or kidnapping offender--- Pqeftrsa� t i4. 9A.44.150 Testimony of child by closed-circuit television. r- 9A.44,160 Custodial sexua# misconduct in the first degree, ° r 9A.44,170 Custodial sexual misconduct in the second degree. o 9A,44,180 Custodial sexual misconduct - Defense. a 9A,44,190 Criminal trespass against children -- Definitions. 6 9A.44.193 Criminal trespass against children - Covered entities. c m 13 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions r .r Q Packet Pg. 199 4.E.a i m 9A.44.196 Criminal trespass against children. 9A.44.210 Court initiated issuance of sexual assault no-contact orders— Terms, conditions, requirements, etc. 9A.46.010 Legislative finding. 9A.46.020 Definition - Penalties. c 9A.46.030 Place where committed. 9A.46.040 Court-ordered requirements upon person charged with crime - E Violation. W 9A.46.050 Arraignment - No contact order. 9A.46.060 Crimes included in harassment. c 9A.46.070 Enforcement of orders restricting contact. 9A.46.080 Order restricting contact - Violation. 9A.46.085 Stalking no-contact orders - Appearance before magistrate required. 9A.46.090 Nonliability of peace officer, 2 9A.46.100 "Convicted," time when, �° 9A.46,110 Stalking, Q 9A.46.120 Criminal gang intimidation, r 9A.48.010 Definitions. w 9A.48.040 Reckless burning in the first degree. 9A.48.050 Reckless burning in the second degree. o 9A.48.060 Reckless burning - Defense. o 9A.48,080 Malicious mischief in the second degree. a 9A.48.090 Malicious mischief in the third degree. 0 9A.48.100 Malicious mischief - "Physical damage" defined. 9A.48.105 Criminal street gang tagging and graffiti. 9A,48.110 Defacing a state monument. o 9A.49.001 Findings. M 9A.49.010 Definitions. 9A.49.020 Unlawful discharge of a laser in the first degree. w 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 health care facility. 9A.50.030 Penalty. o� 9A.50,060 Informational picketing, 9A.52.010 Definitions. Y 9A.52.050 Other crime in committing burglary punishable. 9A.52.060 Making or having burglar tools. w 9A.52.070 Criminal trespass in the first degree. 4- 9A.52.080 Criminal trespass in the second degree. r_ 9A.52.090 Criminal trespass - Defenses. ° r 9A.52.095 Vehicle prowling in the first degree. o 9A.52.100 Vehicle prowling in the second degree. a 9A,52,105 Removal of unauthorized persons - Declaration - Liability - 6 Rights. r c m 14 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 200 4.E.a i m 9A.52,115 Removal of unauthorized persons - Declaration form - Penalty for false swearing.1 =_ 9A.56.010 Definitions. 9A.56.020 Theft - Definition, defense. 9A.56.040 Theft in the second degree. 9A.56.050 Theft in the third degree. 9A.56.060 Unlawful issuance of checks or drafts. 9A.56.063 Making or possessing motor vehicle theft tools. W 9A.56.075 Taking motor vehicle without permission in the second degree. 9A.56.083 Theft of livestock in the second degree. c 9A.56.096 Theft of rental, leased, lease-purchased, or loaned property. 9A.56.100 Theft and larceny equated. 9A.56.110 Extortion - Definition. 9A.56.130 Extortion in the second degree. 9A.56.140 Possessing stolen property - Definition - Presumption. 2 9A.56.160 Possessing stolen property in the second degree - Other than 0 firearm or motor vehicle. Q 9A.56.170 Possessing property in the third degree. r 9A.56.180 Obscuring the identity of a machine. w 9A.56.220 Theft of subscription television services. 9A.56,230 Unlawful sale of subscription television services. o 9A.56.240 Forfeiture and disposal of device used to commit violation. o 9A.56.260 Connection of channel converter, a 9A.56.262 Theft of telecommunication services. 0 9A.56.264 Unlawful manufacture of telecommunication device. T 9A.56,266 Unlawful sale of telecommunication device. 9A.56,270 Shopping cart theft. c 9A.56,280 Credit, debit cards, checks, etc. - Definitions. M 9A.56.290 Credit, payment cards - Unlawful factoring of transactions. 9A.56.320 Financial fraud - Unlawful possession, production of w instruments of. 9A.56.330 Possession of another`s identification. M 9A.56,340 Theft with the intent to resell. 9A.56.350 Organized retail theft. 9A.56.360 Retail theft with special circumstances. 9A.56.370 Mail theft. o 9A.56.380 Possession of stolen mail. L� 9A.56.390 Mail theft - Possession of stolen mail - Commission of other Y crime. 9A.58.010 Definitions. 9A.58.020 Possessing, or reading or capturing, information contained on another person's identification document - Exceptions. ° c 9A.60.010 Definitions. ° r 9A.60.020 Forgery. o 9A.60.030 Obtaining a signature by deception or duress. a 9A.60.040 Criminal impersonation in the first degree. 6 9A.60.045 Criminal impersonation in the second degree. r c as 15 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 201 4.E.a i 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. c 9A,60.080 Impersonating a census taker, 9A.61.010 Definitions. 9A.61.020 Defrauding a public utility. W 9A.61,040 Defrauding a public utility in the second degree. 9A,61.050 Defrauding a public utility in the third degree, c 9A,61.060 Restitution and costs. 9A.64.010 Bigamy. 9A.64.020 Incest. 9A.64,030 Child selling - Child guying. 9A.68.020 Requesting unlawful compensation. a 9A,68,030 Receiving or granting unlawful compensation. �0 9A.68.040 Trading in public office. Q 9A.68.050 Trading in special influence. r 9A.72.010 Definitions. w 9A.72.030 Perjury in the second degree. cyan 9A.72.040 False swearing. o 9A.72.050 perjury and false swearing - Inconsistent statements - Degree o of crime, r a 9A,72,060 Perjury and false swearing - Retraction, e 9A.72.070 Perjury and false swearing - Irregularities no defense. 9A.72,080 Statement of what one does not know to be true. W 9A,72,085 Unsworn statements, certification - Standards for subscribing c to an unsworn statement. N 9A.72.120 Tampering with a witness. 9A.72.140 3ury tampering. w 9A.72.150 Tampering with physical evidence. 9A.76,010 Definitions. M 9A,76.023 Disarming a law enforcement or corrections officer. 0 9A.76,025 Disarming a law enforcement or corrections officer - c Commission of another crime, 9A.76.027 Law enforcement or corrections officer engaged in criminal p conduct. 9A.76.030 Refusing to summon aid for a peace officer. Y 9A.76.040 Resisting arrest. 9A,76.050 Rendering criminal assistance - Definition of term. w 9A.76.060 Relative defined, ~ 9A.76,070 Rendering criminal assistance in the first degree. 00 9A.76,080 Rendering criminal assistance in the second degree. C r 9A.76.090 Rendering criminal assistance in the third degree. o 9A.76.100 Compounding. a 9A.76.150 Introducing contraband in the second degree. 6 9A.76.150 Introducing contraband in the third degree. c a� 16 Criminal Cade Amendments- 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 202 4.E.a i m 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.76.190 Failure to appear or surrender - Affirmative defense - Penalty. 9A.76,200 Harming a police dog, accelerant detection dog, or police horse ai - Penalty. 9A,80.010 Official misconduct. w 9A.82,010 Definitions. a� 9A.82.045 Collection of unlawful debt. c 9A.82,055 Trafficking in stolen property in the second degree. 9A.82.070 Influencing outcome of sporting event. 9A.82.080 Use of proceeds of criminal profiteering - Controlling enterprise ', or realty - Conspiracy or attempt, 9A.82.100 Remedies and procedures. 2 9A.82.120 Criminal profiteering lien - Authority. procedures. 0 9A.82.130 Criminal profiteering lien - Trustee of real property. Q 9A.82.160 Criminal profiteering lien - Trustee's failure to comply, evasion of procedures or lien, 9A.82.170 Financial institution records - Inspection and copying - Wrongful disclosure. — 9A.84.010 Criminal mischief, o 9A.84,020 Failure to disperse. a 9A.84.040 False reporting. �° 9A.86,010 Disclosing intimate images. f° 9A.88.010 Indecent exposure. w 9A.88.030 Prostitution. o 9A.88.040 Prosecution for prostitution under RCW 9A.88.030 - Affirmative M defense. 9A.88.050 Prostitution - Sex of parties immaterial - No defense. w 9A.88,060 Promoting prostitution - Definitions. 9A.88.080 Promoting prostitution in the second degree. 9A.88.085 Promoting travel for prostitution. 9A.88.090 Permitting prostitution. 9A.88,110 Patronizing a prostitute, 9A.88.120 Additional fee assessments. O 9A.88.130 Additional requirements. 9A,88.140 Vehicle impoundment - Fees - Fines. Y 9A.88.150 Seizure and forfeiture. 9A.90.030 Definitions. 9A.90.040 Computer trespass in the first degree, 4- 9A.90.050 Computer trespass in the second degree. r- 9A.90.060 Electronic data service interference. ° :r 9A.90.070 Spoofing. o 9A.90.080 Electronic data tampering in the first degree. a 9A.90,090 Electronic data tampering in the second degree. 9A.90.100 Electronic data theft. c m 17 Criminal Code Amendments 2021 and 2022 State Le gislat►ve Sessions tv r .r Q Packet Pg. 203 4.E.a i m 9A.90.110 Commission of other crime. 9A.90.130 Cyberstalking_ E O SECTION 5. - Adoption - Section 9.02.095. A new Section 9.02.095 a� of the Kent City Code, entitled "RCW Title 15, entitled 'Agriculture and a� Marketing' - Adoption by reference," is adopted as follows: w i a� Sec. 9.02.095. RCW Title 15, entitled "Agriculture and L aD Marketing" - Adoption by reference. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and skull be given the same force and a ° effect as if set forth herein in full: Q a� r RCW r U) 15.21.060 Penalties. o 15.24.200 Penalties. o 15.26.300 Violations — Penalty. a 15.28.270 Violations — Penalty. 15,30.250 Penalties for violating chapter. 15,35.300 General penalty — Misdemeanor — Exception. 15.36.473 Failure to comply with chapter or rules — Criminal penalties, M 15.37.150 Penalty. M 15,44.170 Penalty. N 15,53.904 Department's remedies for noncompliance - Classification of w crimes—Prosecutions—Injunctions. 15.54.362 Reports - Inspection fees - Late fees - Confidentiality - Penalty - Exception. 15.58.330 Violation of chapter — Misdemeanor. 15,60,055 Violations — Penalty. 15.61.050 Violations — Penalty. O� 15.62.220 Violations — Misdemeanor. 15.65.520 Criminal acts and penalties Y 15,66.210 Unlawful acts — Penalties -- Injunctions — Investigations. 15.80,640 Writing, etc., false ticket or certificate -- Influence — Penalty. 15.80.650 Violations — Penalty — Criminal — Civil—Opportunity to 0 request hearing. r_ 15.115.310 Penalties — Injunctions — Referring a violation to the county ° prosecutor - Jurisdiction o 15.130.560 Criminal Penalties. a m r c m 18 Criminal Cade Amendments- t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 204 4.E.a I m SECTION 6. - Amendment - Section 9.02.110. Section 9.02.110 of � c the Kent City Code, entitled "Chapter 17.04 RCW, entitled `Weed districts' - =a Adoption by reference,' is amended to be entitled "RCW Title 17, entitled "Weed, Rodents, and Pests" - Adoption by reference," and is amended as L follows: E w I Sec. 9.02.110. RCW Title 17, entitled "Weed L �eT Weed, Rodents,_and_Pests" - Adoption by reference. The � following RCW sections, as 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 if set forth herein in full: 0 Q a� r RCW w r 17.04.280 Officials of district may enter lands - Penalty for prevention. 4- 17_10.235 Selling product, article, or feed containing noxious weed seeds ° c or toxic weeds - Penalty - Rules - Inspections - Fees. 0 r a 0 SECTION 7. - Amendment - Section 9-02.150. Section 9.02.150 of the Kent City Code, entitled "RCW Title 26, entitled 'Domestic Relations' - 0 Adoption by reference," is amended as follows: M x w Sec. 9.02.150. RCW Title 26, entitled "Domestic Relations" - c Adoption by reference. The following RCW sections, as 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 if set forth o herein in full: UI U RCW Y 26.04.110 Penalty for failure to deliver certificates. w 26.04,240 Penalty for unlawful solemnization - Code 1881. ~ 26.04.250 Penalty for unlawful solemnization - 1909 c 249. r- 26.09.300 Restraining orders - Notice - Refusal to comply - Arrest - ° r Penalty - Defense - Peace officers, immunity. o 26.10-220 Notice Pen a{ty-- De€ef�5e--Peae--e€fieers;-im nA-y- 6 26.20.030 Family abandonment - Penalty - Exception. c m 19 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 205 4.E.a i m 26.20.035 Family nonsupport - Penalty - Exception. 26.20.071 Evidence - Spouse or domestic partner as witness. 26.20,080 Proof of wilfulness - Application of penalty provisions. p 26.268.4-38050 Restraining order - Knowing violation - Penalty - Law enforcement immunity. 26.26.2k0--sarfogate--parent#r-g- e"itions. 2 6..26.228—Seff-egate pafe4-i=n At-FaE H n g- w ensat-ien--pRe4bt ted- i tf� 26.26-25 e i a t a� 26.26A. 355 Confidentiality of genetic testing - Penalty. ,(D 2.26A.470 Proceeding to adjudicate parentage—Temporary child support D orders, restraining orders, preliminary injunctions, domestic violence protection orders, antiharassment protection orders and other court orders—Preservation of support debt. 2 26.28.060 Child labor - Penalty. 0 26,28,070 Certain types of employment prohibited - Penalty. Q 26.28.080 Selling or giving tobacco to minor - Belief of representative capacity, no defense - Penalty. 26.28.085 Applying tattoo to a minor - Penalty. U) , statute, O hefg prah�r1 ed- It 26,34.010 Compact enacted - Provisions. 26.34.030 "Appropriate public authorities" defined. 26.34.040 "Appropriate authority of the receiving state" defined. 26.34.070 "Executive head" defined - Compact administrator. M 26,34.080 Violations - Penalty. M 26.38.110 Prohibited custody transfer. 26.44.015 Limitations of chapter. w 26.44,020 Definitions. 26.44,030 Reports - Duty and authority to make - Duty of receiving agency - Duty to notify - Case planning and consultation - Penalty for unauthorized exchange of information - Filing dependency petitions - Investigations - Interviews of children - Records - Risk assessment process. o i 26,44,040 Reports - Oral, written - Contents. L) 26.44.060 Immunity from civil or criminal liability - Confidential Y communications not violated - Actions against state not affected - False report, penalty. 26,44.063 Temporary restraining order or preliminary injunction - o Enforcement - Notice of modification or termination of c restraining order. a 26.44.067 Temporary restraining order or preliminary injunction - -°a Contents -- Notice - Noncompliance - Defense - Penalty. a 26,44.080 Violation - Penalty. W r c m E 20 Criminal Cade Amendments- t 2021 and 2022 State Legislative Sessians r w Q Packet Pg. 206 4.E.a i 26.44,150 Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child - Penalty for violating court order, 0 26.50-010effi +8s - 26 5011 G pies: _ 2"0 i 21) a+atien- of o rdeF Prpseetitmng atter {ntjfFte ,, e TQ""a'rS�T�� f'.r .-..-f��FOT TTC7 j 2-.�.0.140 Pe1L as ee effi eer-s a� 2&52.010 Definitions. a� 26,52.020 Foreign protection orders - Validity. 26.52.050 Peace officer immunity. 26,52.070 Violation of foreign orders - Penalties, a� a 0 SECTION S. - Amendment - Section 9.02.340. Section 9.02.340 of Q the Kent City Code, entitled "RCW Titte 46, entitled 'Motor Vehicles' - r Adoption by reference," is amended as follows: 2 U) 4- 0 _ Sec, 9.02.340. RCW Title 46, entitled "Motor Vehicles" - a Adoption by reference. The Following RCW sections, as currently enacted �a 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 M N herein in full: x w RCW 46.09.495 Failure to title or register an off-road vehicle - Penalty, circumstances when. c 46.10,505 Failure to register a snowmobile, circumstances when. 46.12,610 Contaminated vehicles. 0� 46L 12,640 Disclosure violations, penalties. L) 46.16A.050 Registration - Requirements before issuance - Penalty -- Rules. Y 46.16A.070 Registration - Cancellation, refusal, etc. - Appeals. 46.19.010 Criteria for natural persons - Application - Identification cards, placards, and license plates. 4- 46.20.091 Application - Penalty for false statement - Driving records from r_ and to other jurisdictions. 46,29.610 Surrender of license - Penalty. -°a 46.29,620 Forged proof - Penalty. a 46.35,030 Confidential information - Exceptions - Penalty. 6 46.52.130 Abstract of driving record - Access - Fee - Violations. _ m 21 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 207 4.E.a i m 46.55.300 Vehicle immobilization. 46.68.010 Refunds, overpayments, and underpayments - Penalty for false statements. p 46.70.021 License required for dealers or manufacturers - Penalties. 46.70.051 Issuance of license - Private party dissemination of vehicle database. 46.70.140 Handling "hot" vehicles - Unreported motor "switches" - E Unauthorized use of dealer plates - Penalty. w 46,70.170 Penalty for violations. 46.72.100 Unprofessional conduct - Bond/insurance policy - Penalty. 46.72A.060 Insurance - Amount - Penalty. ,� 46.72A.070 Vehicle certificates - Issuance of new or duplicate certificate - Penalty. 46.80.020 License required - Penalty. 46.80.080 Records - Penalty. 2 46.80,11.0 License penalties, civil fines, criminal penalties. 46.80.130 All storage at place of Business - Screening required - Penalty. Q 46.80.170 Violations - Penalties. ? 46,82,390 Penalty. 46.87.290 Refusal, cancellation of credentials arpppll i cab calrd- U) Procedures, penalties. o 0 r SECTION 9. - Adoption - Section 9.02.530, Section 9.02.530 of the 0 Kent City Code, entitled "RCW Title 70, entitled 'Public Health and Safety' - Adoption by reference," is amended as follows: c M N M Sec. 9.02.530. RCW Title 70, entitled "Public Health and x w Safety" - Adoption by reference. The Following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, c are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: o i U U RCW a� 70,02,330 Obtaining confidential records under false pretenses - Penalty, 70.03.120 Violations - Remedies - Penalties. o 70.24,022 Interviews, examination, counseling, or treatment of infected c persons or persons believed to be infected - Dissemination of r a false information - Penalty. o 70.24.025 Violations of health order - Penalties, a 70.24.027 Intentional transmission of HIV - Penalties. 70.24.080 Penalty. c m E 22 Criminal Code Amendments- c� 2021 and 2022 state Legislative Sessions r w Q Packet Pg. 208 4.E.a i m 70.28.033 Treatment, isolation, or examination order of health officer - Violation - Penalty. 70.41.170 Operating or maintaining unlicensed hospital or unapproved p tertiary health service - Penalty. 70.42.180 Operating without a license - Injunctions or other remedies - Penalty. 70,54,010 Polluting water supply - Penalty. E 70.54,020 Furnishing impure water - Penalty. w 70,54.030 Pollution of watershed of city in adjoining state - Penalty. 70,54,050 Exposing contagious disease - Penalty. 70.54,065 Ambulances and drivers - Penalty. ,� 70.54.070 Door of public buildings to swing outward - Penalty. 70.54.080 Liability of person handling steamboat or steam boiler. 70,54.090 Attachment of objects to utility poles - Penalty. 70,54.160 Public restrooms - Pay facilities - Penalty. a 70.54.350 Electrology and tattooing - Practitioners to comply with ru#es - Penalty. Q 70.54,400 Retail restroom access - Customers with medical conditions - Penalty. 70.58,280 Penalty. U) 70,58A.550 Penalties. o 70.62.280 Violations - Penalty. o 70.74,010 Definitions. a 70.74.022 License required to manufacture, purchase, sell, use, possess, transport, or store explosives - Penalty - Surrender of explosives by unlicensed person - Other relief, W 70,74,160 Unlawful access to explosives. M 70.74.272 Malicious placement of an imitation device - Penalties. M 70.74,275 Intimidation or harassment with an explosive - Class C felony. N 70,74.295 Abandonment of explosives. w 70,74.300 Explosive containers to be marked - Penalty. 70.74.310 Gas bombs, explosives, stink bombs, etc. 70.74.400 Seizure and forfeiture. c 70,75.040 Sale of nonstandard equipment as misdemeanor - Exceptions. 70.84.010 Declaration - Policy. 70,84.060 Unauthorized use of white cane, dog guide, or service animal. of 70.84.070 Penalty for violations. U 70.85,010 Definitions. Y 70.85.020 Refusal to yield line - Penalty. 70.85,030 Request for line on pretext of emergency - Penalty. 70.86.040 Penalty. 4- 0 70.87.145 Order to discontinue operation - Notice - Conditions - Contents c of order - Recision of order - Violation - Penalty - Random a inspections. -°a 70.87.180 Violations. a 70.90,205 Criminal penalties, 70.94.430 Penalties. c m 23 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 209 4.E.a i m 70.95.240 Unlawful to dump or deposit solid waste without permit - Penalties - Litter- cleanup restitution payment. 70,95,515 Fee on the retail sale of new replacement vehicle tires - Failure 0 to collect, pay to department -- Penalties. 70.95.560 Waste tires - Violation of RCW 70.95,555 - Penalty. 70.95B.140 Penalties for violations - Injunctions. 70.95D.100 Penalties. E 70.95I.040 Oil sellers - Education responsibility -- Penalty. w 70,95I,060 Disposal of used oil - Penalty. 70.95J.060 Violations - Punishment. 70.97.140 Unlicensed operation - Criminal penalty. ,� 70.99.050 Violations - Penalties - Injunctions - Jurisdiction and venue - Fees and costs. 7D.107.070 Rules relating to motor vehicles - Violations - Penalty, 70,108.130 Penalty. 2 70.108.150 Firearms - Penalty. 70.110.040 Compliance required. Q 70.111.030 Unsafe cribs - Prohibition - Definition - Penalty. 70.119.130 Violations - Penalties. 70.122.090 Criminal conduct - Penalties. U) 70.123.078 Disclosure of Information. o 70,124.070 Failure to report is gross misdemeanor. o 70.127.020 Licenses required after July 1, 1990 - Penalties. a 70,128.055 Operating without a license - Misdemeanor. 70.136.070 Criminal penalties. 70,148.060 Disclosure of reports or information - Penalty. 70.155.050 Sampling prohibited - Penalty. M 70.155.080 Purchasing, possessing by persons under eighteen - Civil M infraction -Jurisdiction. 70.155.140 Shipping or transporting tobacco products ordered or w purchased by mail or through the internet prohibited - Penalty. 70,158.060 Penalties - Application of consumer protection act. 70.170.070 Penalties. c 70.175.090 Participants authorized to contract - Penalty - Secretary and state exempt from liability. 70.185.080 Participants authorized to contract - Penalty - Secretary and 0 i state exempt from liability. U 70.230,070 Denial, suspension, or revocation of license - Investigating Y complaints - Penalties. 70.345.030 License required - Must allow inspections - Sale of certain substances prohibited - Penalties. o 70,345,090 Mail and internet sales - License required - Age and identity c verification - Penalties -- Enforcement Application of r consumer protection act - Rules. -000 70.345.100 Product tastings - Requirements - Penalty. a m r c m E 24 Criminal Code Amendments- 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 210 4.E.a i m SECTION IQ. - Adoption - Section 9.02.535. A new Section _ 9.02.535 of the Kent City Code, entitled "RCW Title 70A, entitled 0 'Environmental Health and Safety' - Adoption by reference," is adopted as follows: L E W Sec. 9.02.535. RCW Title 70A, entitled "Environmental Health a� and Safety" -- Adoption by reference. The following RCW sections, as L currently enacted or as hereafter amended or recodifled from time to time, a are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: a 0 Q RCW r 70A,20.070 Rules relating to motor vehicles — Violations — Penalty. 70A.10.180 Penalty. can 70A.15.3150 Penalties. o 70A.300,100 Violations — Criminal penalties_ o 70A.300.110 Violations — Gross misdemeanor. a 70A.120.130 Violations — Penalties. 70A.200.060 Littering prohibited -- Penalties — Litter cleanup restitution payment. 70A.205.195 Unlawful to dump or deposit solid waste without permit M -- Penalties — Litter cleanup restitution payment. 70A.205.410 Fee on the retail sale of new replacement vehicle tires --- Failure to collect, pay to department — Penalties. w 70A.205.450 Waste tires — Violation of RCW 70A,205.445 — Penalty. 70A.212.160 Penalties for violations — Injunctions. 0 70A.216.100 Penalties. 70A.224.040 Dil sellers — Education responsibility — Penalty. _ 70A.224.060 Disposal of used oil — Penalty. 70A,226.070 Violations — Punishment. 0 i 70A.300.110 Violations — Gross misdemeanor. U 70A.315.070 Criminal penalties. Y 70A.325.080 Disclosure of reports or information -- Penalty. 70A.388.220 Penalties, 70A.390.050 Violations — Penalties — Injunctions -- Jurisdiction and o venue — Fees and costs. _ 70A.420.080 Certification required to perform lead-based paint ° activities — Certificate revocation — Penalties. -000 70A.425.130 Penalties. a m r _ m E 25 Criminal Code Amendments- c� 2021 and 2022 State Legislative Sessions r w Q Packet Pg. 211 4.E.a i m U SECTION 11, - Amendment - Section 9.02.605. Section 9.02.605 c of the Kent City Code, entitled "RCW Title 82, entitled `Excise Tax' - Adoption 0 by reference," is amended and retitled as follows: c a� L Sec. 9.02.605. RCW Title 82, entitled "Excise Taxes" - w Adoption by reference. The following RCW sections, as currently enacted a� or as hereafter amended or recodified from time to time, are hereby adopted L by reference and shall be given the same force and effect as if set forth a herein in full: a� a RCW 0 Q 82.12.040 Retailers to collect tax — Penalty. 82.14B.04.2 Payment and collection of taxes—Penalties for violations. 82.26,190 distributors and retailers — Valid license required — Violations w — Penalties. 4- 82.32.290 Unlawful Acts - Penalties 0 c 82.32.330 Disclosure of return or tax information. ° r 82.86.040 Payment and collection. o 82.87.140 Tax criminal penalties. a� SECTION 12. - Severability. If any one or more section, subsection, M N or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance w and the same shall remain in full force and effect. a� c SECTION 13. - Corrections by City Clerk or Code Reviser, Upon E L approval of the city attorney, the city clerk and the code reviser are 0� authorized to make necessary corrections to this ordinance, including the Y correction of clerical errors; ordinance, section, or subsection numbering; or r references to other local, state, or federal laws, codes, rules, or regulations. 4- 0 c 0 r a 0 a r E 25 Criminal Code Amendments- t 2021 and 2022 state Legislative sessions r.+ r.+ Q Packet Pg. 212 4.E.a i m c c SECTION 14. - Effective Date. The City Council finds and declares 0 that an emergency exists which necessitates that this ordinance become c effective immediately in order to preserve the public health, safety and L welfare. This ordinance, having been adopted by unanimous vote, shall E w become effective immediately upon passage, and further shall be considered a� retroactively effective as of the date each state law adopted by reference L took effect. The City Clerk is directed to publish a summary of this ordinance at the earliest possible {publication date. � as a 0 l � July 18 2022 DANA RALPH, M YQR Date Approved U) ATTEST: r- 0 r a 0 ' J July 18, 2022 KIMBERLEY . KOMOTO, CITY CLERK Date Adopted W July 22, 2022 N M Date Published M API D AS TO FORM., t-a TAM H I E, ACTING CITY ATTORNEY ;u •' ^•,,;�,._.; ` ` ','• 0` a� a� w H 0 c 0 r 0 Q m r c m 27 Criminal Code Amendments- t 2021 and 2022 State Legislative Sessions a Packet Pg. 213 4.F POLICE DEPARTMENT Rafael Padilla, Police Chief 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-852-2121 DATE: August 2, 2022 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: Kent School District School Resource Officer and Liaison Contract Renewals SUMMARY: Chief Padilla will provide the Council with an update on the contract renewals with the Kent School District for School Resource Officers and Liaisons. The contracts approved by the City Council expressly authorize the provision of these services for five years, assuming that the cost attachment is updated to reflect the actual salary and benefits costs that the District agrees to reimburse the City for, and that both parties agree to the extension in writing. No additional approval from the City Council is needed. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thrivinci City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Extension Letter_2022-2023_School Yea r-SchoolSafetyServicesLiaison (PDF) 2. Extension Letter_2022-2023_School Yea r-SchoolResourceOfcs (PDF) Packet Pg. 214 per KENT SCHOOL DISTRICT - ICFZT rW� EQUITY EXCELLENCE COMMUNITY U ie0000 ,�l IVJ VV L W ASMIN GTON 0 N EXTENSION LETTER OF SCHOOL SAFETY SERVICES LIAISON AGREEMENT o FOR 2022-2023 SCHOOL YEAR U) On August 27, 2021, the City of Kent and the Kent School District entered into a r School Safety Services Liaison Agreement for the 2021-2022 school year o ("Agreement"), which included an Initial Term that began on September 1, 2021, 0 through August 31, 2022. U) The Agreement provided that the parties could agree to extend the term of the Agreement, on the same terms and conditions, for up to five successive periods of 12 months each, provided that: (i) Attachment A to the Agreement was adjusted to J reflect the actual salary and benefit cost incurred by the City in providing services z 0 under the Agreement, and (ii) each party agreed to the extension in writing. 0 U_ Through their mutual signing of this Extension Letter, the parties agree to the Z extension of the Agreement for the 2022-2023 school year, beginning on September N CN 1, 2022 and continuing through August 31, 2023, and to an adjustment in the consideration paid by the Kent School District for the services provided by the City of c Kent as provided for in Agreement. J The language in Attachment A to the Agreement is amended to revise the consideration as provided below: a� U) ATTACHMENT "A" TO SCHOOL SAFETY SERVICES LIAISON AGREEMENT cn 0 0 The parties agree that the total cost to the Department to provide a School Safety Services Liaison, with a law enforcement officer who is employed by the Department and holds the rank of Commander or higher, to the District for the 2021-2022 school year, in accordance with the terms of the parties' 0 Agreement, is $257,358 $220,744.419 regardless of actual salary or benefit 0 adjustments that may be made by the Department for the Commander. in i M The District's reimbursement obligation, which is twenty-five percent (25%) N of the total cost to the Department for the Liaison provided to the District, N equals $64,339.50 $55,186 12. This sum will be considered the District's N total reimbursement obligation for the Liaison provided by the Department L� for the duration of the performance period of this Agreement, regardless of actual salary or benefit adjustments that may be made by the Department � for its officer the rank of Commander or higher. c c The District shall pay said reimbursement in twelve (12) approximately equal x monthly payments spread over a one-year period starting September 1, w 2021, with each payment being made upon submission by the Department of a monthly invoice; provided, in the event this Agreement is executed after E Extension Letter Re: School Services Liaison Agreement Page 1 of 2 Q (between City of Kent and the Kent School District) Packet Pg. 215 4.F.a m U the term of this Agreement begins, the District shall pay the total o compensation as set forth in this Attachment, but will have fewer months to make such payments. 6 O The amounts provided for in this Attachment "A" shall be adjusted annually U for each 12-month Renewal Term and shall be based upon the actual salary and benefit cost to the Department for the Liaison. Each adjustment shall be C memorialized through an amendment to this Attachment "A", which shall y become an addendum to this Agreement upon acceptance by the District and the Department. 0 U) r IN WITNESS WHEREOF, the parties have affixed their signature on the dates below in Y order to evidence their acceptance of extending the Agreement for the 2022-2023 school year and of the Kent School District's reimbursement obligation under the J parties' Agreement. 0 O U- z_ KENT SCHOOL DISTRICT CITY OF KENT/KENT POLICE DEPT. LO N N M C O Israel Vela, Interim Superintendent Dana Ralph, Mayor c J N N V Date Date m cn r m in 0 O L O O V N CO) N O N N N O NI L d W d J C O C N X W r C d E t O .r Extension Letter Re: School Services Liaison Agreement Page 2 of 2 Q (between City of Kent and the Kent School District) Packet Pg. 216 per KENT SCHOOL DISTRICT - ICFZT rW� EQUITY EXCELLENCE COMMUNITY ie0000 W ASMIN G1oN IVJ VV 4� EXTENSION LETTER OF SCHOOL RESOURCE OFFICER AGREEMENT FOR 2022-2023 SCHOOL YEAR rY On August 27, 2021, the City of Kent and the Kent School District entered into a °0 School Resource Officer Agreement for the 2021-2022 school year ("Agreement"), n which included an Initial Term that began on September 1, 2021, through August 31, 2022. r 0 The Agreement provided that the parties could agree to extend the term of the o Agreement, on the same terms and conditions, for up to five successive periods of 12 months each, provided that: (i) Attachment A to the Agreement was adjusted to co T reflect the actual salary and benefit cost incurred by the City in providing services Y under the Agreement, and (ii) each party agreed to the extension in writing. J Through their mutual signing of this Extension Letter, the parties agree to the Z 0 extension of the Agreement for the 2022-2023 school year, beginning on September 0 1, 2022 and continuing through August 31, 2023, and to an adjustment in the z consideration paid by the Kent School District for the services provided by the City of LO Kent as provided for in Agreement. M The language in Attachment A to the Agreement is amended to revise the U) consideration as provided below: 0 L ATTACHMENT ""A" TO SRO AGREEMENT o The parties agree that the total cost to the Department to provide SROs to the rY District for the 2022-2023 2921 2922 school year, in accordance with the °o terms of the parties' Agreement, is $342,902.62 $313,'157.46 regardless of actual salary or benefit adjustments that may be made by the Department for its officers. The District's reimbursement obligation, which is sixty percent (60%) of the —°o total cost to the Department for the SROs provided to the District, equals $205,741.57 $ 87,89 .4 . Unless overtime is authorized by the District in cni accordance with Section 8, or the Agreement modified as set forth in Section N 9, this sum will be considered the District's total reimbursement obligation for N all SROs provided by the Department for the duration of the performance N period of this Agreement, regardless of actual salary or benefit adjustments CD N that may be made by the Department for its officers, subject to the J Department's obligations to refund the District as set forth in Section 2(I) . J The District shall pay said reimbursement in twelve (12) approximately equal c monthly payments spread over a one-year period starting September 1, 2021 0 with each payment being made upon submission by the Department of a a monthly invoice; provided, in the event this Agreement is executed after the w term of this Agreement begins, the District shall pay the total compensation as set forth in this Attachment, but will have fewer months to make such payments. Extension Letter Re: School Resource Officer Agreement Page 1 of 2 Q (between City of Kent and the Kent School District) Packet Pg. 217 4.F.b L The amounts provided for in this Attachment "A" shall be adjusted annually for each 12-month Renewal Term and shall be based upon the actual salary o and benefit cost to the Department for the SROs. Each adjustment shall be memorialized through an amendment to this Attachment "A", which shall c become an addendum to this Agreement upon acceptance by the District and the Department. 0 O z U IN WITNESS WHEREOF, the parties have affixed their signature on the dates below in r order to evidence their acceptance of extending the Agreement for the 2022-2023 r school year and of the Kent School District's reimbursement obligation under the parties' Agreement. 0 O KENT SCHOOL DISTRICT CITY OF KENT/KENT POLICE DEPT. c m Y J Z Israel Vela, Interim Superintendent Dana Ralph, Mayor O O u_ z Date Date N N M N V O d V L O U) N� LPL O O V L O O V N CO) N O N N N O NI L d d J C O C N X W r C d E t .r Extension Letter Re: School Resource Officer Agreement Page 2 of 2 Q (between City of Kent and the Kent School District) Packet Pg. 218 4.G FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: August 2, 2022 TO: Operations and Public Safety Committee SUBJECT: INFO ONLY: June 2022 Financial Report SUMMARY: Michelle Ferguson, Financial Planning Manager, will present the Council with the June 2022 financial report. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. June 2022 Monthly Financial Report (PDF) Packet Pg. 219 _ 2022 Monthly Report 4.G.a City of Kent, Washington General Fund Overview Adj Budget YTD A Revenues 127,536,660 57,026,536 Expenditures 131,153,470 47,827,863 Net Revenues Less Expenditures (3,616,810) 9,198,673 0 a m Beginning Fund Balance 43,321,480 Ending Fund Balance 39,704,670 30.3% ii N N O N Required Ending Fund Balance Calculation c Budgeted Expenditures for 2022 (from above) 131,153,470 J 18.0% z 18% GF Ending Fund Balance 23,607,625 O O LL z N N M sin millions General Fund Ending Fund Balance 10-year History (excluding o Annexation) 50.00 45.00 41.97 45.28 ca 40.00 ii 35.00 32.98 �+ 30.00 25.00 21.66 0 0 18.92 20.65 2 20.00 N 15.00 c 9.46 N 10.00 5.00 4.13 3 0.00 c 2012 2013 2014 2015 2016 2017 2018 2019 2020 Prelim E 2021 a Page 1 of 14 Packet Pg. 220 June 2022 Monthly Report City of Kent, Washington General Fund Overview - Revenues Revenue Categories 2022 2022 Taxes: Property 32,451,450 17,385,913 Sales & Use 21,027,000 13,145,482 Utility 19,507,350 10,968,522 c Business & Occupation 19,100,000 4,580,641 Other 879,790 236,252 Licenses and Permits 7,400,610 4,089,049 Intergovernmental Revenue 2,891,130 1,679,254 9 Charges for Services 6,309,570 3,433,186 N Fines and Forfeitures 1,172,910 314,252 N Miscellaneous Revenue 2,348,500 908,987 a- c Transfers In 14,448,350 285,000 Total Revenues 127,536,660 57,026,536 J z 0 0 LL z N B&O Taxes N 2022 Budgeted 15% Other Taxes 1/°General Fund Licenses and a Permits Intergovernmental y Revenues Utility Taxes 6% 2% � 15% Charges for Services LL 5% Fines and Forfei 1% 0 Other N 21% c Misc& N Transfers In c 13% r c m E t Sales Taxes 17% a Property Taxes 25% Page 2 of 14 Packet Pg. 221 ReportJune 2022 Monthly Financial City of Kent, Washington General Fund Revenues ($ in Thousands) All Revenues Sources Prior Year Budgeted Actual $140,000 - Revenues Revenues Revenues January 5,898 6,951 6,113 $120,000 - - February 4,174 6,323 5,033 $100,000 - - March 6,127 8,777 7,100 $80,000 April 21,521 21,429 21,933 May 7,927 9,462 10,834 $60,000 June 5,491 7,445 6,013 0 0. - July 9,733 9,255 0 $40,000 August 6,326 6,634 0 70 $20,000 September 5,725 7,316 0 $0 October 21,552 22,471 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 8,364 9,138 0 LL December 10,968 12,336 0 N 22 Bud f 21 Act +22 Act Total 113,807 127,537 57,027 N 4) c 7 Property Prior Year Budgeted Actual $35,000 Revenues Revenues Revenues Q $30,000 _ January - 0 0 0 February 217 250 57 Z $25,000 - March 1,438 1,150 1,289 to $20,000 - April 13,218 12,649 12,892 M May 1,945 2,439 3,048 $15,000 - June 198 617 101 0 $10,000 _ July 80 145 0 August 190 135 0 $5,000 - � September 394 587 0 v c $0 October 12,046 12,095 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,123 2,142 0 IL December 203 242 0 % 22Bud f21Act 4 22Act Total 32,053 32,451 17,386 O M N N 04 Prior Year Budgeted Actual 4) $25,000 Revenues Revenuesa 7 January 1,802 1,640 2,063 $20,000 - February 2,264 1,941 2,329 March 1,786 1,619 2,112 E $15,000 - April 1,753 1,493 2,063 0 May 2,270 1,799 2,411 Q $10,000 - - June 21005 11646 2,167 �- July 2,061 1,519 0 $5,000 August 2,172 1,859 0 September 2,070 1,740 0 $0 October 2,023 1,771 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,150 1,887 0 December 2,473 2,112 0 �22 Bud f21 Act -4-22 Act Total 24,829 21,027 13,145 Page 3 of 14 Packet Pg. 222 ReportJune 2022 Monthly Financial City of Kent, Washington General Fund Revenues ($ in Thousands) Utility Tax 0-1 Prior Year Budgeted Actual 0 $25,000 - immommomiBevenues Revenues Revenues January 2,141 1,935 1,980 $20,000 AFebruary 1,215 1,644 1,889 March 1,583 1,666 1,805 $15,000 - April 1,700 1,768 1,859 May 1,542 1,569 1,745 0 $10,000 - June 1,312 1,438 1,690 July 2,420 1,729 0 70 $5,000 - August 1,632 1,505 0 to September 1,621 1,697 0 c $0 October 1,588 1,471 0 LL N Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,625 1,564 0 c December 1,884 1,521 0 N 22 Bud f21Act --*--22Act Total 20,263 19,507 10,969 Other J Z BudgetedPrior Year Q $20,000 Revenues Revenues Revenues Q LL $18,000 January 283 86 2 Z_ $16,000 - February 2 3 3 cfl $14,000 - March (156) 134 79 N N $12,000 - April 2,912 3,091 3,087 $10,000 - May 1,008 1,296 1,549 O $8,000 - June 203 231 97 Q- $6,000 - July 2,966 3,717 0 $4,000 - - August 1,219 943 0 $2,000 - September 107 125 0 $0 October 3,083 3,864 0 IL Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,107 994 0 % t December 4,940 5,496 0 c y 22 Bud f21 Act --4-22 Act Total 17,674 19,980 4,817 O N N Other Revenues O (Intergovernmental, $35,000 Prior Year Budgeted Actual MMMM&Oevenues ..Revenues.,, Revenues 7 C January 1,672 3,428 2,068 0 $30,000 - E February 475 1,317 755 v $25,000 - - March 1,476 3,490 1,815 43 $20,000 - - - April 1,938 2,571 2,033 Q May 1,161 2,135 2,081 $15,000 - June 1,773 3,459 1,957 $10,000 - - July 2,205 2,748 0 August 1,113 1,939 0 $5,000 - September 1,533 3,126 0 $0 October 2,812 3,282 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,359 2,271 0 December 1,469 4,806 0 22 Bud f 21 Act �22 Act Total 18,988 34,571 10,710 Page 4 of 14 Packet Pg. 223 June 2022 Monthly Report City of Kent, Washington General Fund Overview - Expenditures Department 2022 City Council 295,630 147,744 Administration 3,284,820 951,157 Economic & Community Dev 9,401,560 3,723,525 Finance 3,199,140 1,331,302 0 Fire Contracted Services 3,877,220 2,244,363 Human Resources 2,110,140 863,866 Law 1,638,790 691,077 Municipal Court 3,869,220 1,664,139 .9 Parks, Recreation & Comm Svcs 22,336,790 8,809,787 N N Police 50,805,480 25,169,742 N Non-Departmental 30,334,680 2,231,160 Total Expenditures 131,153,470 47,827,863 J Z O O LL 2022 Budgeted General Fund Expenditures Z N N M v Non-Departmental City Council 23% 0.23% c Police % f° c 39% LL >+ Human r Resources 0 0 2% M Other N N 3% N m A inistration 3% +� Law m 1% EC D 7% Q Finance 2% Fire Contracted Services Parks, Recreation & Municipal Court 3% Comm Svcs 3% 17% Page 5 of 14 Packet Pg. 224 June 2022 Monthly Report City of Kent, Washington General Fund Actual Prelim Adj Budget YTD Beginning Fund Balance 34,399,775 41,969,900 43,321,480 43,321,480 Revenues Taxes: Property 31,374,827 32,052,967 32,451,450 17,385,913 a Sales & Use 23,629,972 24,828,972 21,027,000 13,145,482 Utility 18,970,715 20,262,726 19,507,350 10,968,522 Business & Occupation 14,784,795 17,060,649 19,100,000 4,580,641 Other 418,235 613,502 879,790 236,252 9 ii Licenses and Permits 7,223,420 7,171,129 7,400,610 4,089,049 N Intergovernmental Revenue 3,196,701 3,322,233 2,891,130 1,679,254 N Charges for Services 3,658,232 5,299,515 6,309,570 3,433,186 c Fines and Forfeitures 776,948 809,293 1,172,910 314,252 Miscellaneous Revenue 1,954,937 943,344 2,348,500 908,987 Transfers In 4,820,343 1,442,364 14,448,350 285,000 z O Total Revenues 110,809,127 113,806,695 127,536,660 57,026,536 0 z Expenditures N City Council 384,062 272,914 295,630 147,744 Administration 1,774,808 2,847,633 3,284,820 951,157 r Economic & Community Dev 6,711,489 7,469,721 9,401,560 3,723,525 Finance 2,323,636 2,574,151 3,199,140 1,331,302 Fire Contracted Services 3,674,401 3,280,458 3,877,220 2,244,363 •5 Human Resources 1,405,219 1,524,097 2,110,140 863,866 Information Technology 172,932 U- 21 Law 1,452,088 1,444,860 1,638,790 691,077 r Municipal Court 3,402,314 3,394,639 3,869,220 1,664,139 c Parks, Recreation & Comm Svcs 16,631,899 17,758,211 22,336,790 8,809,787 2 N Police 43,464,679 45,793,526 50,805,480 25,169,742 0 N Public Works 629,087 (720) Non-Departmental 20,802,826 21,907,021 30,334,680 2,231,160 Total Expenditures 102,829,440 108,266,510 131,153,470 47,827,863 m E Net Revenues less Expenditures 7,979,686 5,540,186 (3,616,810) 9,198,673 a Ending Fund Balance 42,379,461 47,510,086 39,704,670 52,520,153 Ending Fund Balance Detail: General Fund Reserves 41,969,900 43,321,480 39,704,670 based on same year actuals/budget 40.8% 40.0% 30.3% Page 6 of 14 Packet Pg. 225 ReportJune 2022 Monthly Financial WashingtonCity of Kent, General Fund Year-to-Year Month Comparison Budgetthru June thru June thru June Variance Revenues Taxes: Property 16,476,886 17,016,862 17,385,913 369,051 2.2% 53.6% Sales & Use 12,742,152 11,880,667 13,145,482 1,264,815 10.6% 62.5% Utility 10,358,480 9,493,505 10,968,522 1,475,017 15.5% 56.2% G Business & Occupation 3,633,193 4,152,775 4,580,641 427,866 10.3% 24.0% C Other 182,935 98,907 236,252 137,344 138.9% 26.9% �_ Licenses and Permits 3,340,109 3,215,319 4,089,049 873,730 27.2% 55.3% ° Intergovernmental Revenue 1,804,489 1,628,258 1,679,254 50,995 3.1% 58.1% Charges for Services 2,031,042 2,201,913 3,433,186 1,231,272 55.9% 54.4% c Fines and Forfeitures 498,130 450,638 314,252 (136,386) -30.3% 26.8% u_ N Miscellaneous Revenue 1,073,620 999,629 908,987 (90,643) -9.1% 38.7% c Transfers In 450,000 - 285,000 285,000 2.0% N Total Revenues 52,591,035 51,138,474 57,026,536 5,888,062 11.5% 44.7% c 3 Expenditures City Council 202,170 141,346 147,744 6,398 4.5% 50.0% Z Administration 837,157 1,306,339 951,157 (355,182) -27.2% 29.0% O Economic &Community Dev 3,431,991 3,565,186 3,723,525 158,338 4.4% 39.6% LL 0 Finance 1,129,176 1,320,109 1,331,302 11,193 0.8% 41.6% ? Fire Contracted Services 1,746,931 1,847,083 2,244,363 397,280 21.5% 57.9% Human Resources 818,711 744,723 863,866 119,143 16.0% 40.9% N Information Technology 249,667 - - Law 766,698 683,278 691,077 7,800 1.1% 42.2% O Municipal Court 1,668,605 1,664,995 1,664,139 (856) -0.1% 43.0% 0 Parks, Recreation &Comm Svcs 7,965,738 7,794,928 8,809,787 1,014,859 13.0% 39.4% W Police 21,380,887 21,940,676 25,169,742 3,229,065 14.7% 49.5% E Public Works 629,087 - - Non-Departmental 6,122,474 5,384,899 2,231,160 (3,153,739) -58.6% 7.4% Total Expenditures 46,949,293 46,393,563 47,827,863 1,434,300 3.1% 36.5% U- r c GF Revenues thru June GF Expenditures thru June 2 N 20,000,000 30,000,000 p 18,000,000 N d 16,000,000 25,000,000 3 14,000,000 20,000,000 12,000,000 10,000,000 2020 15,000,000 _ 0 2020 E 8,000,000 0 2021 02021 0 6,000,000 W 2022 10,000,000 - u 2022 Q 4,000,000 5,000,000 - 2,000,000 0 0 _ Property Sales& Utility Other Police Parks *General ECD Non-Dept& Taxes Use Taxes Taxes Revenues Govt. Other *General Govt. includes City Council, Mayor/Clerk, HR, IT, &Finance Page 7 of 14 Packet Pg. 226 4.G.a June 2022 MonthlyReport City of - Washington Fund Balances Estimated Estimated Beginning Estimated Estimated Ending Fund Fund Balance Revenues Expenditures Balance Operating revenues and expenditures only; capital and non-capital projects are excluded. a General Fund General Fund 43,321,480 127,536,800 131,153,400 39,704,880 Special Revenue Funds c U_ N N Street Fund 9,736,452 22,036,870 19,965,520 11,807,802 N LEOFF 1 Retiree Benefits 1,293,114 1,386,060 1,572,840 1,106,334 Lodging Tax 115,838 919,400 509,050 5261188 Youth/Teen Programs 334,472 1,395,700 925,650 804,522 Capital Resources 25,145,315 20,533,730 19,076,560 26,602,485 0 Criminal Justice 10,185,251 12,851,880 10,214,280 12,822,851 0 Human Services 1,139,615 3,684,000 3,684,000 1,139,615 Z ShoWare Operating 4,449,395 1,159,000 2,993,600 2,614,795 N cm Other Operating 517,607 113,320 121,630 509,297 Debt Service Funds o a Councilmanic Debt Service 2,949,057 7,955,190 8,563,980 2,340,267 Special Assessments Debt Service 587,812 691,660 682,020 597,452 Enterprise Funds c Water Utility 16,064,903 38,797,380 29,238,970 25,623,313 u- Sewer Utility 3,360,825 49,266,000 34,627,400 17,999,425 r Drainage Utility 19,679,465 33,786,840 31,044,120 22,422185 0 Solid Waste Utility 308,807 975,600 873,330 411:077 N Golf Complex 366,666 4,466,700 2,994,890 1,838,476 `V 0 N Internal Service Funds 3 7 Fleet Services 4,126,131 10,056,400 9,196,540 4,985,991 c Central Services 106,989 529,050 414,110 221,929 E Information Technology 2,202,039 15,641,000 12,126,290 5,716,749 Facilities 3,579,671 8,864,200 8,981,350 3,462521 Q Unemployment 1,368,106 160,690 219,010 1,309:786 Workers Compensation 1,484,860 1,200,260 1,575,610 1,109,510 Employee Health & Wellness 8,740,415 15,502,710 15,580,790 8,662,335 Liability Insurance 3,076,750 2,065,130 3,794,070 1,347,810 Property Insurance 1,044,143 1,389,600 785,750 1,647,993 Other Impact Fee Trust Fund 3,922,390 3,922,390 Page 8 of 14 Packet Pg. 227 ReportJune 2022 Monthly Financial 4.G.a City of Kent, Washington M Other Funds Overview (Revenues and Expenditures) BudgetActual Prelim Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Special Revenue Funds Street Fund 0 Revenues 19,350,928 20,419,435 18,440,900 8,102,496 Expenditures 19,205,266 16,768,746 19,965,520 8,161,924 Net Revenues Less Expenditures 145,662 3,650,689 (1,524,620) (59,427' •� c LEOFF I Retiree Benefits Revenues 1,232,575 1,199,965 1,277,880 490,399 N Expenditures 1,571,585 1,519,460 1,572,840 726,043 0 Net Revenues Less Expenditures (339,010) (319,495) (294,960) (235,644; c Lodging Tax Revenues 158,384 221,252 582,740 385,214 Expenditures 270,532 165,720 509,050 85,812 Z Net Revenues Less Expenditures (112,148) 55,532 73,690 299, 002 0 Youth/Teen Programs LL z Revenues 897,527 977,243 931,380 541,958 Expenditures 691,260 822,054 925,650 3,140 w 04 Net Revenues Less Expenditures 206,267 155,189 5,730 538,818 M Capital Resources Revenues 22,885,707 28,353,626 19,937,010 12,6691485 0- Expenditures 27,520,426 18,092,140 19,076,560 1,621,715 Net Revenues Less Expenditures (4,634,719) 10,261,487 860,450 11,047,770 Criminal Justice ca Revenues 8,673,794 9,774,373 8,686,810 4,877,511 S Expenditures 8,504,672 7,540,042 10,214,280 4,003,065 U, Net Revenues Less Expenditures 169,122 2,234,331 (1,527,470) 874,446 r c Human Services 0 Revenues 163,728 3,796,657 3,684,000 1,939,421 N Expenditures 116,660 2,704,110 3,684,000 66,507 0 Net Revenues Less Expenditures 47,068 1,092,547 1,872,914 m c ShoWare Operating Revenues 1,512,589 3,079,558 1,150,000 Expenditures 1,451,752 2,091,661 2,993,600 1,493,739 Net Revenues Less Expenditures 60,837 987,897 (1,843,600) (1,493,739: E Other Operating Revenues 105,155 128,175 121,630 Q Expenditures 106,003 104,945 121,630 26,955 Net Revenues Less Expenditures (848) 23,230 (26,955' Debt Councilmanic Debt Service Revenues 9,144,587 7,988,547 7,955,190 2,216,099 Expenditures 8,679,761 8,348,722 8,563,980 2,235,772 Net Revenues Less Expenditures 464,826 (360,174) (608,790) (19,673' Page 9 of 14 Packet Pg. 228 ReportJune 2022 Monthly Financial 4.G.a City of Kent, Washington M Other Funds Overview (Revenues and Expenditures) BudgetActual Prelim Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Special Assessment Debt Service Revenues 784,469 1,035,745 691,660 138,318 c Expenditures 1,386,712 858,473 682,020 3,265 Net Revenues Less Expenditures (602,243) 177,272 9,640 135,053 Enterprise Funds Water Utility ii Revenues 29,573,424 29,810,341 29,334,150 12,748,413 N Expenditures 26,464,133 28,183,254 29,238,970 9,550,766 0 Net Revenues Less Expenditures 3,109,291 1,627,087 95,180 3,197,647 c Sewer Utility Revenues 33,513,294 34,846,524 34,750,070 17,411,849 Expenditures 32,252,706 33,974,459 34,627,400 15,978,078 Z Net Revenues Less Expenditures 1,260,588 872,065 122,670 1,433,772 O O LL Drainage Utility z Revenues 24,537,483 25,408,140 23,506,990 12,200,411 Expenditures 21,804,802 23,609,481 31,044,120 8,207,612 N Net Revenues Less Expenditures 2,732,681 1,798,659 (7,537,130) 3,992,799 Solid Waste Utility o Revenues 837,309 855,492 644,510 384,852 Expenditures 876,871 995,385 873,330 625,681 Net Revenues Less Expenditures (39,562) (139,893) (228,820) (240,830' c Golf Complex Revenues 5,938,183 2,526,316 3,107,180 1,618,537 M Expenditures 3,070,899 4,513,837 2,994,890 1,436,092 21 Net Revenues Less Expenditures 2,867,283 (1,987,522) 112,290 182,445 0 2 Internal Service Funds N N Fleet Services N Revenues 5,478,589 5,674,822 7,819,690 2,888,281 c Expenditures 6,559,539 4,894,499 9,196,540 2,456,338 Net Revenues Less Expenditures (1,080,950) 780,323 (1,376,850) 431,943 Central Services E Revenues 309,535 355,897 436,600 128,837 Expenditures 277,640 320,247 414,110 89,944 Net Revenues Less Expenditures 31,895 35,650 22,490 38,892 Q Information Technology Revenues 9,062,099 10,506,136 11,633,360 5,503,722 Expenditures 10,531,892 10,411,640 12,126,290 5,667,725 Net Revenues Less Expenditures (1,469,793) 94,496 (492,930) (164,004' Facilities Revenues 6,327,140 6,704,998 6,547,280 2,791,256 Expenditures 5,125,026 6,222,434 8,981,350 2,378,820 Net Revenues Less Expenditures 1,202,114 482,564 (2,434,070) 412,435 Page 10 of 14 Packet Pg. 229 ReportJune 2022 Monthly Financial 4.G.a City of Kent, Washington M Other Funds Overview (Revenues and Expenditures) Budget2020 2021 2022 2022 Actual Prelim Operating revenues and expenditures only; capital and non-capital projects are excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Unemployment Revenues 166,229 134,862 148,170 81,162 c Expenditures 151,350 161,765 219,010 65,249 Net Revenues Less Expenditures 14,879 (26,902) (70,840) 15,913 Workers Compensation Revenues 1,551,522 1,019,589 1,468,360 763,790 Expenditures 2,106,616 1,788,435 1,575,610 1,064,106 Net Revenues Less Expenditures (555,093) (768,845) (107,250) (300,316' c,4 N CD Employee Health & Wellness N a) Revenues 15,929,224 15,795,365 15,580,790 7,945,030 3 Expenditures 14,097,298 14,736,998 15,580,790 7,427,785 Net Revenues Less Expenditures 1,831,926 1,058,367 517,246 J Liability Insurance O Revenues 38,104 8,119,358 3,081,170 1,643,541 O Expenditures 2,852,665 4,307,222 3,794,070 2,594,083 z_ Net Revenues Less Expenditures (2,814,561) 3,812,136 (712,900) (950,541; c-- N Property Insurance M Revenues 578,755 605,819 785,750 3 91,19 6 Expenditures 587,011 677,950 785,750 402,814 0 Net Revenues Less Expenditures (8,257) (72,131) (11,618' Other Impact Fee Trust Fund Revenues 4,357,166 3,957,718 3,922,390 1,526,324 LL Expenditures 4,356,851 3,958,033 >, Net Revenues Less Expenditures 315 (315) 3,922,390 1,526,324 r c 0 2 Other Fund Revenues Other Fund Expenditures o N 80,000,000 70,000,000 a)70,000,000 ■Special ■Special 60,000,000 Revenue 60,000,000 — Revenue 50,000,000 - - Funds 50,000,000 Funds r 40,000,000 _ LJ Enterprise 40,000,000 — LiEnterprise 30,000,000 _ Funds 30,000,000 - Funds E t 20,000,000 20,000,000 - 0 Internal o Internal 1° 10,000,000 - 10,000,000 - 0 Service 0 Service Q 2020 2021 2022 Funds 2020 2021 2022 Funds Actuals Prelim Budget Actuals Prelim Budget Page 11 of 14 Packet Pg. 230 June 2022 Monthly Financial Report 4.G.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru June thru June thru June Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Special Revenue Funds Street Fund Revenues 6,050,351 6,825,237 8,102,496 1,277,259 18.70/c a Expenditures 5,314,806 5,741,453 8,161,924 2,420,471 42.20/a Net Revenues Less Expenditures 735,545 1,083,784 (59,427) LEOFF I Retiree Benefits Revenues 307,320 444,375 490,399 46,024 10.40/cLL Expenditures 788,181 703,970 726,043 22,073 3.10/c c,4 Net Revenues Less Expenditures (480,860) (259,595) (235,644) N a� Lodging Tax Revenues 85,452 72,870 385,214 312,344 428.60/c Expenditures 159,969 88,573 85,812 (2,761) -3.1% Net Revenues Less Expenditures (74,517) (15,703) 299,402 O Youth/Teen Programs LL Revenues 499,255 505,542 541,958 36,416 7.2% z Expenditures 3,545 3,900 3,140 (760) -19.5% Net Revenues Less Expenditures 495,710 501,642 538,818 N N M Capital Resources Revenues 9,967,609 12,137,401 12,669,485 532,085 4.40/c o Expenditures 1,641,438 2,850,621 1,621,715 (1,228,906) -43.10/. Net Revenues Less Expenditures 8,326,171 9,286,779 11,047,770 Criminal Justice c Revenues 3,520,692 4,284,247 4,877,511 593,264 13.80/c c Expenditures 2,756,099 3,194,751 4,003,065 808,314 25.30/c Net Revenues Less Expenditures 764,593 1,089,496 874,446 21 r c Human Services ° Revenues 1,194,072 1,939,421 745,349 62.40/c c-i 04 Expenditures 3,125 66,507 63,382 2028.20/c N Net Revenues Less Expenditures 1,190,947 1,872,914 c 3 ShoWare Operating Revenues 128,429 855 (855) -100.0% c Expenditures 903,625 1,010,460 1,493,739 483,278 47.8% E Net Revenues Less Expenditures (775,195) (1,009,605) (1,493,739) Admissions Tax revenues received quarterly (April, July, September, January) Q Other Operating Revenues Expenditures 73,777 21,813 26,955 5,142 23.60/c Net Revenues Less Expenditures (73,777) (21,813) (26,955) Combines several small programs, including City Art Program and Neighborhood Matching Grants Page 12 of 14 1 Packet Pg. 231 June 2022 Monthly Financial Report 4.G.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru June thru June thru June Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Debt Service Funds Councilmanic Debt Service Revenues 2,410,093 2,314,811 2,216,099 (98,712) -4.3% a Expenditures 2,469,698 2,334,290 2,235,772 (98,518) -4.2% Net Revenues Less Expenditures (59,605) (19,479) (19,673) Debt service payments are generally due in June and December. c Special Assessments Debt Service ii Revenues 234,489 391,624 138,318 (253,307) -64.7% N Expenditures 328,257 3,055 3,265 210 6.9% N Net Revenues Less Expenditures (93,768) 388,569 135,053 Enterprise Funds 7 J Z Water Utility O Revenues 13,933,337 14,768,325 12,748,413 (2,019,912) -13.7% O Expenditures 10,816,963 10,635,878 9,550,766 (1,085,112) -10.2% Z Net Revenues Less Expenditures 3,116,375 4,132,448 3,197,647 to Sewer Utility N Revenues 16,477,442 16,981,032 17,411,849 430,817 2.5%, Expenditures 14,451,914 15,199,051 15,978,078 779,027 5.1% r Net Revenues Less Expenditures 2,025,528 1,781,981 1,433,772 a a� Drainage Utility Revenues 11,497,830 11,752,115 12,200,411 448,296 3.80/c Expenditures 8,472,994 9,350,603 8,207,612 (1,142,991) -12.2% Net Revenues Less Expenditures 3,024,836 2,401,512 3,992,799 ii 21 Solid Waste Utility Revenues 341,442 338,022 384,852 46,830 13.90/c c Expenditures 534,634 505,533 625,681 120,148 23.80/c Net Revenues Less Expenditures (193,192) (167,511) (240,830) N 0 Golf Complex N Revenues 4,464,407 1,190,485 1,618,537 428,052 36.00/a c Expenditures 1,210,112 3,046,240 1,436,092 (1,610,149) -52.90/. Net Revenues Less Expenditures 3,254,295 (1,855,755) 182,445 m E Internal Service Funds Fleet Services Q Revenues 2,688,357 2,818,010 2,888,281 70,272 2.50/c Expenditures 2,768,137 2,179,978 2,456,338 276,360 12.70/c Net Revenues Less Expenditures (79,780) 638,031 431,943 Central Services Revenues 145,446 146,872 128,837 (18,035) -12.3% Expenditures 133,662 153,940 89,944 (63,996) -41.6% Net Revenues Less Expenditures 11,784 (7,068) 38,892 Page 13 of 14 Packet Pg. 232 _ 2022 Monthly Financial Report 4.G.a City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Year-to-Year Month Comparison thru June thru June thru June Variance Operating revenues and expenditures only; capital and non-capital projects are excluded. Information Technology Revenues 4,665,944 4,682,045 5,503,722 821,677 17.50/c Expenditures 4,904,456 4,944,278 5,667,725 723,447 14.60/c Net Revenues Less Expenditures (238,512) (262,233) (164,004) a m Facilities Revenues 2,637,900 2,781,633 2,791,256 9,623 0.30/c •2 Expenditures 2,196,892 2,429,070 2,378,820 (50,250) -2.10/c Net Revenues Less Expenditures 441,008 352,563 412,435 ii Unemployment c%4 Revenues 82,203 77,800 81,162 3,362 4.30/a o 04 Expenditures 129,885 121,551 65,249 (56,302) -46.3% Net Revenues Less Expenditures (47,682) (43,751) 15,913 Workers Compensation Revenues 748,497 583,041 763,790 180,750 31.00/a Z Expenditures 570,106 883,164 1,064,106 180,942 20.50/c O Net Revenues Less Expenditures 178,390 (300,124) (300,316) O U. Employee Health & Wellness z Revenues 7,819,159 8,076,223 7,945,030 (131,193) -1.6% Expenditures 6,208,372 6,952,149 7,427,785 475,636 6.80/c N Net Revenues Less Expenditures 1,610,787 1,124,075 517,246 Liability Insurance 0 Revenues 1,302,256 6,315,205 1,643,541 (4,671,663) -74.0% W Expenditures 1,185,805 2,955,358 2,594,083 (361,275) -12.2% Net Revenues Less Expenditures 116,451 3,359,847 (950,541) `° c Property Insurance c Revenues 290,581 307,102 391,196 84,094 27.4% ii Expenditures 256,750 314,895 402,814 87,919 27.90/c >+ Net Revenues Less Expenditures 33,831 (7,793) (11,618) 0 • Impact Fee Trust Fund N Revenues 780,187 1,745,914 1,526,324 (219,591) -12.6% N Expenditures 705,312 1,090,439 (1,090,439) -100.0% Net Revenues Less Expenditures 74,875 655,476 1,526,324 3 Other Fund Revenues thru June Other Fund Expenditures thru June E 50,000,000 40,000,000 45,000,000 35,000,000 40,000,000 3 a 35,000,000 0,000,000 30,000,000 25,000,000 25,000,000 0 2020 20,000,000 ■2020 20,000,000 15,000,000 - 0 2021 15,000,000 0 2021 10,000,000 u 2022 10,000,000 a 2022 5,000,000 5,000,000 0 Special Enterprise Internal 0 - Revenue Funds Service Funds Special Enterprise Internal Funds Revenue Funds Service Funds Fund Page 14 of 14 Packet Pg. 233