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HomeMy WebLinkAboutOrd 1095 - Add Sections of Title 9A RCWCITY OF TUKWIL Reproved as to Form: i city Attorney WASHINGTON ORDINANCE NO. 1095 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE 989 TO ADD CERTAIN SECTIONS OF TITLE 9A RCW AND REPEALING ORDINANCE NOS. 727, Sect. 21; 745, Sect. 30; and 828. WHEREAS, Ordinance #989, adopted September 7, 1976, omitted the adoption of certain sections of Title 9A RCW, and WHEREAS, it appears necessary to preserve the peace, safety, and welfare of the citizens of the City of Tukwila to adopt additional provisions of the revised Washington State Criminal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS FOLLOWS: 1. Ordinance #989 is hereby amended to add Section 5. Section 5. The following statutes of the State of Washington are hereby adopted by reference: RCW 9A.56.010 Definitions. RCW 9A.56.020 Theft Definition, defense. RCW 9A.56.050 Theft in the third degree. RCW 9A.56.140 Possessing stolen property- Definition Credit cards, presumption. (1) and (2) 2. The following sections of the Tukwila (Municipal Code are hereby repealed: Ord. #727, Section 21 (TMC 8.04.210) Shoplifting Adopted September 5, 1972. Ord. #745, Section 30 (TMC 8.04.300) Larceny Adopted November 20, 1972. Ord. #828, (TMC 8.04.500) Unauthorized control over another person's property Adopted November 26, 1973. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this /-6 ATTEST: Mayor Published- Record Chronicle January 17, 1979 day of 1 J etz/C 724 'Cit C1'erk Ct3ui L ACTON MEE IYPt ACTION I /8 1 1 7 1 1 13 4/ i i s19a- I P 1979. Definitions. The following definitions are ap- icable in this chapter unless the context otherwise requires: (1) "Appropriate lost or misdelivered property or services" means obtaining or exerting control over the property serv- ices of another which the actor knows to have been lost or mis- laid, or to have been d he n identitY of the recipient or as to ature or amount of the Property (2) "By color or aid of deception" means that the deception operated to bring about the obtaining of the property serv- ices; it is not necessary that deception be the sole means of ob- taining the property or services; (4) "Deception" occurs when an actor knowingly: (a) Creates or confirms another's false impression which the actor knows to be false; or (b) Fails to correct another's impression which the actor pre viously has created or confirmed; or (c) Prevents another from acquiring information material to the disposition of the property involved; or (d) Transfers or encumbers property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or (e) Promises performance which the actor does not intend to perform or knows will not be performed. (5) "Deprive" in addition to its common meaning e means o make unauthorized use or an unauthorized copy records, in in- formation, data, trade secrets, or computer programs, provided that the aforementioned are of a private proprietary nature; (6) "Obtain control over" in addition to its common meaning, means: (a) In relation to property, to bring about a transfer or pur- ported transfer to the obtainer or another of a legally recognized interest in the property; or (b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another; (7) "Wrongfully obtains" or "exerts unauthorized control" means: (a) To take the property or services of another; or (b) Having any property or services in one's possession, cus- tody or control as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his own use or to the use of any person other than the true owner or person enti- tled thereto; (8) "Owner" means a person, other than the actor, who has possession of or any other interest in the property or services in- volved, and without whose consent the actor has no authority to exert control over the property or services; (9) "Receive" includes, but is not limited to, acquiring title, possession, control, or a security interest, or any other interest in the property; (10) "Services" includes, but is not limited to, labor, profes- sional services, transportation services, electronic computer serv- ices, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water; (11) "Stolen" means obtained by theft, robbery, or extortion; (12) Value. (a) "Value" means the market value of the property or services at the time and in the approximate area of the criminal act. 281 itk,X56. a Theft Definition, defense. (1) "Theft" means: (a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with in- tent to deprive him of such property or services; or (b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him of such property or services; or (c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him of such property or services. (2) In any prosecution for theft, it shall be a sufficient de- fense that the property or service was appropriated openly and avowedly under a claim of title made in good faith, even 'though he claim be untenable Theft in the third degree. (1) A person is guilty of theft in the third degree if he commits theft of proper- t■ or services which does not exceed two hundred and fifty dol- lars in value. (2) Theft in the third degree is a gross misdemeanor. lw•rn convicted, apprehended, or identified is not a defense to a argepf- possessing stolen Property. /8.04.210 Shoplifting. It is unlawful for any person wilfully to take possession of any goods, wares or merchandise of the value of less than seventy -five dollars offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the seller, with the intentention of converting such goods, wares or merchandise to his own use, without having paid the purchase price thereof. (Ord. 727 (part) 1972) ✓8.04.300 Larceny. Every person who, with intent to deprive or defraud the owner thereof: (1) Takes, leads or drives away the property of another; or (2) Obtains from the owner or another the possession of or title to any property, real or personal, by color or aid of any order for the payment or delivery of property or money or any check or draft, knowing that the maker or drawer of such order, check or draft was not authorized or entitled to make or draw the same, or by color or aid of any fraudulent or false representation, personation or pretense or by any false token or writing or by any trick, device, bunco game or fortunetelling; or (3) Having any property in his possession, custody or control, as bailee, factor, pledgee, servant, attorney, agent, employee, trustee, executor, administrator, guardian or officer of any person, estate, association or corporation, or as public officer, or a person authorized by agreement or by competent authority to take or hold such possession, custody or control, or as a finder thereof, secretes, withholds or appropriates the same to his own use or to the use of any person other than the true owner or person entitled thereto; or (4) Having received any property by reason of a mistake, with knowledge of such mistake secretes, withholds or appro- priates the same to his own use or to the use of any person other than the true owner or person entitled thereto; and (5) Every person who, knowing the same to have been so appropriated, brings into this state, or buys, sells, receives or aids in concealing or withholding any property wrongfully appropriated, whether within or outside of this state, in such manner as to constitute larceny under the provisions of this chapter steals such property and shall be guilty of lar- ceny. All such acts shall be in violation of this code. (Ord. 745 (part), 1972). /8.04.500 Unauthorized control over another person's property. It is unlawful knowingly to wrongfully obtain or exert unauthorized control over, or to obtain by deception, control over the property of another with intent permanent- ly to deprive him of the property. Anyone convicted of violating the provisions of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 838 §1, 2, 1973).