HomeMy WebLinkAboutReg 2017-12-04 Item 5E - Ordinance - Vehicle Trespass (TMC Chapter 8.26)COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Ma or's review
Council review
11/27/17
ED
❑ Resolution
Mtg Dale
11 Ordinance
12/04/17
ED
C
Di_ 1 -
SPONSOR ❑ Council Mayor EHR ❑DCD [Finance ❑.Fire ❑TS ❑P&R 11
Police ❑PW ❑Court
SPONSOR'S Vehicle thefts and prowls have been increasing in King County. Due to the volume of these
Sum \RY types of cases, it is becoming increasingly challenging for King County to prosecute these
offenders. Despite the Tukwila Police Department's efforts to bring these offenders to
justice, an increasing number of offenders are not prosecuted. Adopting Vehicle Trespass
as a misdemeanor would allow the Tukwila City Attorney's Office to more effectively
prosecute these offenders in the Tukwila Municipal Court.
REVIIAVID BY E C.O.W. Mtg. E CDN Comm F. Finance Comm. ® Public Safety Comm.
E Trans &Infrastructure C Arts Comm. IT Parks Comm. ❑ Planning Comm.
DATE: 11/20/17 COMMIITE CHAIR: MCLEOD
RECOMMENDATIONS:
SPONsoR/ADMIN.
COMMI7"I`EF
TukwilaPolice Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ITEM INFORMATION
ITEM No.
5.E.
249
Si'AF ' SPONSOR: COMMANDER ERIC DREVER
ORIGINALAGI.NDi1 Dx'I'i:: 11/27/17
AGI3NDA DEM TTri.r: Vehicle Trespass Ordinance
C,V'TFGORY ® Discussion
Mtg Date 11/27/17
❑ Motion
Mtg Date
❑ Resolution
Mtg Dale
11 Ordinance
C Bid award
Mtg Date
n Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date 12/4/17
SPONSOR ❑ Council Mayor EHR ❑DCD [Finance ❑.Fire ❑TS ❑P&R 11
Police ❑PW ❑Court
SPONSOR'S Vehicle thefts and prowls have been increasing in King County. Due to the volume of these
Sum \RY types of cases, it is becoming increasingly challenging for King County to prosecute these
offenders. Despite the Tukwila Police Department's efforts to bring these offenders to
justice, an increasing number of offenders are not prosecuted. Adopting Vehicle Trespass
as a misdemeanor would allow the Tukwila City Attorney's Office to more effectively
prosecute these offenders in the Tukwila Municipal Court.
REVIIAVID BY E C.O.W. Mtg. E CDN Comm F. Finance Comm. ® Public Safety Comm.
E Trans &Infrastructure C Arts Comm. IT Parks Comm. ❑ Planning Comm.
DATE: 11/20/17 COMMIITE CHAIR: MCLEOD
RECOMMENDATIONS:
SPONsoR/ADMIN.
COMMI7"I`EF
TukwilaPolice Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/27/17
Forward to Regular Meeting
MTG. DATE
ATTACHMENTS
11/27/17
Informational Memorandum dated 11/14/17
Proposed Vehicle Trespass Ordinance
Minutes from the Public Safety Committee meeting of 11/20/17
12/4/17
Final Ordinance
249
250
Citv r �z
of
z}}. ila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER OF
THE TUKWILA MUNICIPAL CODE RELATED TO VEHICLE
TRESPASS, TO BE CODIFIED AS TUKWILA MUNICIPAL
CODE CHAPTER 8.26; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, vehicle thefts and prowls have recently been increasing in King
County; and
WHEREAS, due to the volume of these types of cases, it is becoming increasingly
challenging for King County to prosecute these offenders; and
WHEREAS, despite the Tukwila Police Department's considerable efforts to bring
these offenders to justice, an increasing number of them are not prosecuted and not
punished adequately; and
WHEREAS, adopting vehicle trespass as a misdemeanor would allow the Tukwila
City Attorney's Office to more effectively prosecute these offenders in the Tukwila
Municipal Court;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 8.26 of the Tukwila Municipal Code Established. A chapter
of the Tukwila Municipal Code entitled "Vehicle Trespass," to be codified as Tukwila
Municipal Code (TMC) Chapter 8.26, is hereby established to read as follows:
CHAPTER 8.26
VEHICLE TRESPASS
Sections:
8.26.010 Vehicle Trespass Prohibited
8.26.020 Definitions
8.26.030 Penalty
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Section 2. Regulations Established. TMC Section 8.26.010, "Vehicle Trespass
Prohibited," is hereby established to read as follows:
8.26.010 Vehicle Trespass Prohibited
A person is guilty of vehicle trespass if he or she knowingly enters, attempts to enter, or
remains unlawfully in a vehicle belonging to another.
Section 3. Regulations Established. TMC Section 8.26.020, "Definitions," is
hereby established to read as follows:
8.26.020 Definitions
A. The word "enter" shall include the entrance of the person, or the insertion of
any part of his or her body, or any instrument or weapon held in his or her hand.
B. A person enters, attempts to enter or remains unlawfully in or upon a vehicle
when he or she is not licensed, invited, or otherwise privileged to so enter or remain.
Section 4. Regulations Established. TMC Section 8.26.030, "Penalty," is hereby
established to read as follows:
8.26.030 Penalty
Vehicle trespass is a misdemeanor, punishable by a fine not to exceed $1,000.00, or by
imprisonment in jail for a term not exceeding 90 days, or by both such fine and
imprisonment.
Section 5. 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; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
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Page 2 of 3
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Rachel B. Turpin, City Attorney Ordinance Number:
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