HomeMy WebLinkAbout4488 (2) ORDINANCE NO. 4488
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.02 of
the Kent City Code, entitled 'Criminal Code," to (i)
adopt by reference misdemeanor crimes enacted by
the state legislature during its 2024 session for
application and enforcement in the City of Kent; (ii)
adopt other misdemeanor crimes not previously
adopted by specific reference; and (iii) remove
references to sections of the RCW repealed by the
state legislature during its 2024 session.
RECITALS
A. During its 2024 regular legislative session, the Washington
State Legislature enacted several bills that added new criminal provisions
and civil infractions to the Revised Code of Washington ("RCW").1 The Kent
1 These new offenses include: (i) prohibiting a person from intentionally removing,
altering or obliterating from a detached catalytic converter the last eight digits of
the originating VIN; (ii) prohibiting a person who is not a scrap processor licensed
under Ch. 46.79 RCW or vehicle wrecker licensed under Ch. 46.80 RCW to
knowingly possess, sell, or offer for sale seven or more detached catalytic
converters that do not comply with marking requirements; (iii) prohibiting a person
from trafficking in catalytic converters; (iv) prohibiting a person from willfully and
without authority accessing or assisting another person to a voting center, election
office, ballot counting area, ballot storage area or any election system; (v) making
it a civil infraction for failing to report a lost or stolen firearm; (vi) prohibiting a
person from knowingly and maliciously entering or remaining unlawfully on a school
bus; doing any other act that creates a substantial risk of harm to passengers or
the driver; or causing a substantial interruption or impairment to services rendered
by the school bus.
1 Criminal Code Amendments -
2024 State Legislative Sessions
City Code has adopted by reference state misdemeanor laws, allowing those
crimes to be prosecuted locally within the Kent Municipal Court. Once a state
law is adopted by reference into the Kent City Code, that reference is
sufficient for subsequent amendments the legislature may make to that
state law provision. However, because the Legislature adopted legislation
that created new crimes that did not previously exist, it is preferred to
amend the Kent City Code to similarly adopt these new state law provisions
by express reference to allow them to be locally enforced through the Kent
Municipal Court.
B. This ordinance also adopts other misdemeanor crimes not
previously adopted by specific reference into the Kent City Code 2, and
references to sections of the RCW the state legislature has repealed have
similarly been removed.3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment — KCC 9.02.030. Section 9.02.030 of the
Kent City Code, entitled "Session laws not yet codified," is amended as
follows:
2 During its 2024 session, the legislature made changes to state law authorizing the
court to order restitution for harm to natural resources or the environment following
conviction under RCW 90.48.140, which makes it a gross misdemeanor to violate
any provision of Ch. 90.48 RCW (water pollution control) or Ch. 90.56 RCW (oil and
hazardous substance spill prevention and response) or any final written orders or
directive of the Department of Ecology or a court. RCW 90.48.140 had not
previously been expressly adopted by reference into the Kent City Code.
3 These repealed offenses include RCW 9.68.060 and RCW 9.68.070.
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2024 State Legislative Sessions
Sec. 9.02.030 Session laws not yet codified. As the Washington
State Legislature adopts new laws, those new laws occasionally become
effective before the state's Office of the Code Reviser is able to codify those
new laws into the RCW. Accordingly, the following session laws, as currently
enacted or as later amended or codified, are hereby adopted by reference
and shall be given the same force and effect as if set forth herein in full:
fie-
1 Laws of 2024, Ch 28, Election Security Breaches
2 Laws of 2024 Ch. 286, Lost or Stolen Firearms
3 Laws of 2024 Ch 301 Catalytic Converters - Theft
4 Laws of 2024 Ch. 302, School Bus Trespass
SECTION 2. - Amendment - KCC 9.02.060. Section 9.02.060 of the
Kent City Code, entitled "RCW Title 9, entitled "Crimes and Punishments" -
Adoption by reference," is amended as follows:
Sec. 9.02.060 RCW Title 9, entitled "Crimes and Punishments"
- 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:
RCW
9.01,055 Citizen immunity if aiding officer, scope - When.
9.01.110 Omission, when not punishable.
9.01.130 Sending letter, when complete.
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.
9.03.020 Permitting unused equipment to remain on premises.
9.03.030 Violation of RCW 9.03.010 or 9.03.020.
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2024 State Legislative Sessions
9,03.040 Keeping or storing equipment for sale.
9.04.010 False advertising.
9.04.050 False, misleading, deceptive advertising.
9.04.070 False, misleading, deceptive advertising - Penalty.
9.04.090 Advertising fuel prices by service stations.
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. -
Penalty.
9.08.072 Transferring stolen pet animal to a research institution -
Penalty.
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
U.S.D.A. licensed dealer - Penalty.
9.08.078 Illegal sale, receipt, or transfer of pet animals - Separate
offenses.
9.08.090 Acts against animal facilities.
9.12.010 Barratry.
9.12.020 Buying, demanding, or promising reward by district judge or
deputy.
9.16.005 Definitions.
9.16.010 Removing lawful brands.
9.16.020 Imitating lawful brand.
9.16.030 Counterfeit mark - Intellectual property.
9.16.035 Counterfeiting - Penalties.
9.16.041 Counterfeit items - Seizure and forfeiture.
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.
9.16.130 Use of the words "coin silver" on mounting.
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.
9.24.040 Corporation doing business without license.
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2024 State Legislative Sessions
9.26A.090 Telephone company credit cards - Prohibited acts.
9.26A.100 Definitions.
9.26A.110 Fraud in obtaining telecommunications service - Penalty.
9.26A.120 Fraud in operating coin-box telephone or other receptacle.
9.26A.130 Penalty for manufacture or sale of slugs to be used for coin.
9.26A.140 Unauthorized sale or procurement of telephone records -
Penalties - Definitions.
9.27.015 Interference, obstruction of any court, building, or residence -
Violations.
9.35.005 Definitions.
9.35.010 Improperly obtaining financial information.
9.35.020 Identity theft.
9.35.030 Soliciting undesired mail.
9.38.010 False representation concerning credit.
9.38.015 False statement by deposit account applicant.
9.38.020 False representation concerning title.
9.38.060 Digital signature violations.
9.40.040 Operating engine or boiler without spark arrester.
9.40.100 Tampering with fire alarm or firefighting equipment - False
alarm - Penalties.
9.41.010 Definitions.
9.41.040 Unlawful possession of firearms - Penalties.
9.41.050 Carrying firearms.
9.41.060 Exceptions to restrictions on carrying firearms.
9.41.070 Concealed pistol license - Application - Fee - Renewal.
9.41.080 Delivery to ineligible persons.
9.41.090 Dealer deliveries regulated - Hold on delivery - Fees
authorized.
9.41.0975 Officials and agencies - Immunity, writ of mandamus.
9.41.098 Forfeiture of firearms - Disposition - Confiscation.
9.41.100 Dealer licensing and registration required.
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.
9.41.124 Purchasing of rifles and shotguns by nonresidents.
9.41.140 Alteration of identifying marks - Exceptions.
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.
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2024 State Legislative Sessions
9.41.175 Alien possession of firearms - Possession without license -
Conditions.
9.41.190 Unlawful firearms - Exceptions.
9.41.220 Unlawful firearms and parts contraband.
9.41.230 Aiming or discharging firearms, dangerous weapons.
9.41.240 Possession of pistol or semiautomatic assault rifle by person
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.
9.41.260 Dangerous exhibitions.
9.41.270 Weapons apparently capable of producing bodily harm -
Unlawful carrying or handling - Penalty - Exceptions.
9.41.280 Possessing dangerous weapons on school facilities - Penalty -
Exceptions.
9.41.282 Possessing dangerous weapons on child care premises -
Penalty - Exceptions.
9.41.284 Possessing dangerous weapons at voting facilities - Penalty -
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.
9.41.325 Undetectable or untraceable firearms - Penalties.
9.41.326 Untraceable firearms - Exceptions - Penalties.
9.41.327 Unfinished frames or receivers - Exceptions - Penalties.
9.41.335 Failure to register as felony firearm offender.
9,41.340 Return of privately owned firearm by law enforcement agency
- Notification - Exception - Exemption from public disclosure -
Civil liability - Liability for request based on false information.
9.41.345 Return of privately owned firearm or concealed pistol license
by law enforcement agency - Duties - Notice - Exception.
9.41.350 Voluntary waiver of firearm rights - Procedure - Penalty -
Exemption from public disclosure.
9.41.360 Unsafe storage of a firearm.
9.41.365 Firearm security and storage - Requirements for dealers.
9.41.390 Assault weapons - Manufacturing, importing, distributing,
selling prohibited - Exceptions - Penalty.
9.41.800 Surrender of weapons or licenses - Prohibition on future
possession or licensing.
9.41.810 Penalty.
9.44.080 Misconduct in signing a petition.
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2024 State Legislative Sessions
9.45.060 Encumbered, leased, or rented personal property -
Construction.
9.45.070 Mock auctions.
9.45.080 Fraudulent removal of property.
9.45.090 Knowingly receiving fraudulent conveyance.
9.45.100 Fraud in assignment for benefit of creditors.
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."
9.46.0205 "Bingo."
9.46.0209 "Bona fide charitable or nonprofit organization."
9.46.0213 "Bookmaking."
9.46.0217 "Commercial stimulant."
9.46.0221 "Commission."
9.46.0225 "Contest of chance."
9.46.0229 "Fishing derby."
9.46.0233 "Fund-raising event."
9.46.0237 "Gambling."
9.46.0241 "Gambling device."
9.46.0245 "Gambling information."
9.46.0249 `Gambling premises."
9.46.0253 "Gambling record."
9.46.0257 "Lottery."
9.46.0261 "Member," "bona fide member."
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."
9.46.0289 "Whoever," "person."
9.46.170 False or misleading entries or statements, refusal to produce
records.
9.46.185 Causing person to violate rule or regulation.
9.46.190 Violations relating to fraud, deceit, altering or misrepresenting,
betting, or gambling - Penalty.
9.46.195 Obstruction of public servant - Penalty.
9.46.196 Cheating - Defined.
9.46.1961 Cheating in the first degree.
9.46.1962 Cheating in the second degree.
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2024 State Legislative Sessions
9.46.198 Working in gambling activity without license as violation -
Penalty.
9.46.215 Ownership or interest in gambling device - Penalty -
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.
9.46.228 Gambling activities by persons under age eighteen prohibited
- Penalties - Jurisdiction - In-house controlled purchase
programs authorized.
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 - Presumption.
9.47A.010 Definition.
9.47A.020 Unlawful inhalation - Exception.
9.47A.030 Possession of certain substances prohibited, when.
9.47A.040 Sale of certain substances prohibited, when.
9.47A.050 Penalty.
9.51.010 Misconduct of officer drawing jury.
9.51.020 Soliciting jury duty.
9.51.030 Misconduct of officer in charge of jury.
9.51.040 Grand juror acting after challenge allowed.
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.
9.61.190 Carrier or racing pigeons - Injury to.
9.61.200 Carrier or racing pigeons - Removal or alteration of
identification.
9.61.230 Telephone harassment.
9.61.240 Telephone harassment - Permitting telephone to be used.
9.61.250 Telephone harassment - Offense, where deemed committed.
9.62.010 Malicious prosecution.
9.62.020 Instituting suit in name of another.
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9,66.050 Deposit of unwholesome substance.
9.68.015 Obscene literature, shows, etc. - Exemptions.
9.68.030 Indecent articles, etc.
9.68.050 "Erotic material" - Definitions.
8 Criminal Code Amendments -
2024 State Legislative Sessions
9.68.060 "
Penalties.
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.
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.
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.
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
conduct - Civil immunity.
9.68A.090 Communication with minor for immoral purposes - Penalties.
9.68A.102 Promoting travel for commercial sexual abuse of a minor -
Penalty - Consent of minor does not constitute defense.
9.68A.103 Permitting commercial sexual abuse of a minor - Penalty -
Consent of minor does not constitute defense.
9.68A.110 Certain defenses barred, permitted.
9.68A.120 Seizure and forfeiture of property.
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.
9.72.090 Committal of witness - Detention of documents.
9,73.010 Divulging telegram.
9.73.020 Opening sealed letter.
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.
9.73.090 Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080 - Standards - Court authorizations
- Admissibility.
9.73.100 Recordings available to defense counsel.
9.73.110 Intercepting, recording, or disclosing private communications -
Not unlawful for building owner - Conditions.
9 Criminal Code Amendments -
2024 State Legislative Sessions
9.73.230 Intercepting, transmitting, or recording conversations
concerning controlled substances or commercial sexual abuse
of a minor - Conditions - Written reports required - Judicial
review - Notice - Admissibility - Penalties.
9.73.260 Pen registers, trap and trace devices, cell site simulator
devices.
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.
9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated.
9.91.060 Leaving children unattended in 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.
9.91.144 Food stamps - Unlawful redemption.
9.91.150 Tree spiking.
9.91.160 Personal protection spray devices.
9.91.170 Interfering with dog guide or service animal.
9.91.175 Interfering with search and rescue dog.
9.92.020 Punishment of gross misdemeanor when not fixed by statute.
9.92.030 Punishment of misdemeanor when not fixed by statute.
9.92.040 Punishment for contempt.
9.92.080 Sentence on two or more convictions or counts.
9.94.041 Narcotic drugs, controlled substances, alcohol, cannabis, other
intoxicant, cell phone, or other form of electronic
telecommunications device - Possession, etc., by prisoners -
Penalty.
9.94A.518 Table 4 - Drug offenses seriousness level.
9.96,060 Vacating records of conviction for misdemeanor and gross
misdemeanor offenses.
SECTION 3. - Amendment - KCC 9.02.620. Section 9.02.620 of the
Kent City Code, entitled "RCW Title 90, entitled 'Water Rights -
Environment" - Adoption by reference," is amended as follows:
Sec. 9.02.620 RCW Title 90, entitled "Water Rights -
Environment" - Adoption by reference. The following RCW sections, as
currently enacted or as hereafter amended or recodified from time to time,
10 Criminal Code Amendments -
2024 State Legislative Sessions
are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full:
RCW
90.36.050 Penalty - 1901 c 121.
90,44.120 Penalty for waste or unauthorized use of water.
90.48.140 Penalty.
90.58.220 General penalty.
SECTION 4. - Adoptions by Reference. A true and correct copy of
the state laws adopted by reference in Sections 1 and 3 of this ordinance
are attached as Exhibit A.
SECTION 5. - Severability. If any one or more section, subsection,
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
and the same shall remain in full force and effect.
SECTION 6. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 7. - Effective Date. This ordinance shall take effect and be
in force thirty days from the time of final passage, as provided by law.
May 7, 2024
DANA RALPH, M Date Approved
11 Criminal Code Amendments -
2024 State Legislative Sessions
ATTEST:
hA
a . May 7, 2024
KIMBERLEY A. MOTO, CITY CLERK Date Adopted
May 10, 2024
Date Published
AP ED AS TO FORM:
TA PVW H I E, CITY ATTORNEY
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12 Criminal Code Amendments -
2024 State Legislative Sessions
Kent Reporter
Affidavit of Publication
State of Washington}
County of King } ss
Rudi Alcott being first duly sworn, upon oath
deposes and says: that he/she is the legal
representative of the Kent Reporter a weekly
newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a weekly newspaper in
King County, Washington and is and always
has been printed in whole or part in the Kent
Reporter and is of general circulation in said
County, and is a legal newspaper, in accordance
with the Chapter 99 of the Laws of 1921, as
amended by Chapter 213, Laws of 1941, and
approved as a legal newspaper by order of the
Superior Court of King County, State of
Washington, by order dated June 16, 1941, and
that the annexed is a true copy of KEN995757
ORDS 4487 & 4488 as it was published in the
regular and entire issue of said paper and not as
a supplement form thereof for a period of 1
issue(s), such publication commencing on
05/10/2024 and ending on 05/10/2024 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$115.56.
Z4�
Subscribed and sworn before me on this
[r day of
DExp
T,Q�
aNry Public in and for the State of .NO.TARY
Washington. N �•
City ofKcnt,City Clerk-LEGAL ADS 1Sd1}1J3'_ i PUBLIC •:O��
KIA1 KOMOTn
++rrr��rar(1,t�
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE KENT
CITY COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council May 7,2024.
ORDINANCE NO. 4487
— AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending sections
9.36.140 and 9.36.150
of the Kent City Code to
incorporate state legisla-
tive changes adopted
through ESH8 2384 that
take effect June 6,2024.
This ordinance shall take
effect and be in force
thirty days from and after
its passage,as provided
by law.
ORDINANCE NO. 4488
—AN ORDINANCE of the
City Council of the City
of Kent, Washington,
amending Chapter 9.02
of the Kent City Code,
entitled"Criminal Code,"
to(i)adopt by reference
misdemeanor crimes en-
acted by the state legis-
lature during its 2024
session for application
and enforcement in the
City of Kent; (ii) adopt
other misdemeanor
crir.-m:s not previously
adopted by specific ref-
erence; and (iii) remove
references to sections of
the RCW repealed by
the state legislature dur-
ing its 2024 session.
This ordinance shall take
effect and be in force
thirty days from the time
of final passage,as pro-
vided by law.
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Clerk
Proofed by Jennifer Tribbett,05/03/2024 10:43:51 am Page:2
i
Classified Proof
Kkomoto@KentWA.gov
253-056-5725
KEN995757
5110124
Proofed by Jennifer Tribbett,05/03/2024 10:43:51 am Page:3