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Home My WebLink AboutCOW 2008-01-28 Item 4I - Ordinance - Make or Possess Motor Vehicle Theft Tools by Reference RCW 9A.56.063 COUNCIL AGENDA SYNOPSIS s`tC r`' sy iti ITEM NO. --I 6 X,, ti Meeting Date Prepared by Mayor'sieview I ncil review 1 1 01/28/08 I PBB 1 A I 1 1 Taos j 1 1 ITEM -INFORMATION CAS NUMBER: 08-013 ORIGINAL AGENDADAIL: JANUARY 28, 2008 AGENDA ITEM TITLE Ordinance Amending TMC 8.40.040, Trespass and Related Crimes CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/28/08 Mtg Date Mtg Date Mtg Date 2/4/08 Mtg Date Mrs Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ I SPONSOR'S The proposed ordinance adopts by reference RCW 9A.56.063 regarding the making or SUMMARY possessing of motor vehicle theft tools. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA1 E: 1/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST--- IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION 1 -MTG. DATE ATTACHMENTS 1/28/08 1 Informational Memorandum dated 1/16/08 with attachments (Due to the shortened work week, Finance Safety Committee Minutes are pending) 1 l I KENYON DISEND, PLLC THE MUNICIPAL LAW FIRM MICHAEL R. KENYON 11 FRONT STREET SOUTH KERRI A. JORGENSEN BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH SHELI.FY M. KERSLAKE WWW.KENYONDISEND.COM RENEE G. WALLS (425) 392 -7090 (206) 628 -9059 KARI L. SAND SANDRA S. MEADOWCROFT FAX (425) 392 -7071 MONICA A. BUCK CHRIS D. BACHA KATHRYN J. HARDY MARGARET J. KING AMY JO PEARSALL INFORMATION MEMO To: Finance and Safety Committee From: Peter Beckwith, Assistant City Attorney Date: January 16, 2008 Re: Ordinance Amending TMC 8.40.040, Trespass and Related Crimes ISSUE Whether the City Council should adopt by reference RCW 9A.56.063, making or possessing motor vehicle theft tools, in order for the City to enforce this statute. BACKGROUND/DISCUSSION In 2007, the State Legislature enacted legislation making it unlawful for a person to make or possess motor vehicle theft tools. Making or possessing these tools is a gross misdemeanor that can be prosecuted in the Tukwila Municipal Court should the City decide to do so. The City's Prosecutor has requested that the City adopt this statute by reference. RECOMMENDATION Our office recommends adopting RCW 9A.56.063 by reference so that the City's Prosecutor can prosecute this crime. Attachments: Proposed ordinance and copy of RCW 9A.56.063. SERVING WASHINGTON CITIES SINCE 1993 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION 8.40.040, "TRESPASS AND RELATED CRIMES," TO INCLUDE THE ADOPTION OF RCW 9A.56.063, RELATING TO THE MAKING OR POSSESSING OF MOTOR VEHICLE THEFT TOOLS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2007, the. State Legislature enacted legislation making it unlawful for a person to make or possess motor vehicle theft tools; and WHEREAS, in the interest of the public health, safety and welfare, the City Council desires to adopt by reference RCW 9A.56.063, "Making or Possessing Motor Vehicle Theft Tools," as presently constituted or hereinafter amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 8.40.040 Amended. Tukwila Municipal Code Section 8.40.040, "Trespass and Related Crimes, is hereby amended to include the adoption of RCW 9A.56.063, "Making or Possessing Motor Vehicle Theft Tools," to read as follows: 8.40.040 Trespass and Related Crimes The following statutes of the State of Washington are adopted by reference: RCW 9A.52.010 Definitions RCW 9A.52.060 Making or Having Burglary Tools RCW 9A.52.070 Criminal Trespass in the First Degree RCW 9A.52.080 Criminal Trespass in the Second Degree RCW 9A.52.090 Criminal Trespass Defenses RCW 9A.52.100 Vehicle Prowling RCW 9A.52.120 Computer Trespass in the Second Degree RCW 9A.52.130 Computer Trespass Commission of Other Crime RCW 9A.56.063 Making or Possessing Motor Vehicle Theft Tools Section 2. 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 3. 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. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: C: \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances \Motor Vehicle Theft Tools.doc PB n 1/24/2008 Page 1 of 1 RCW 9A.56.063: Making or possessing motor vehicle theft tools. Page 1 of 1 RCW 9A.56.063 Making or possessing motor vehicle theft tools. (1) Any person who makes or mends, or causes to be made or mended, uses, or has in his or her possession any motor vehicle theft tool, that is adapted, designed, or commonly used for the commission of motor vehicle related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of motor vehicle theft, or knowing that the same is intended to be so used, is guilty of making or having motor vehicle theft tools. (2) For the purpose of this section, motor vehicle theft tool includes, but is not limited to, the following: Slim jim, false master key, master purpose key, altered or shaved key, trial or jiggler key, slide hammer, lock puller, picklock, bit, nipper, any other implement shown by facts and circumstances that is intended to be used in the commission of a motor vehicle related theft, or knowing that the same is intended to be so used. tin the following definitions apply: (3) For the purposes of this section, g pp Y (a) "False master" or "master key" is any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for which the key was originally manufactured. (b) "Altered or shaved key" is any key so altered, by cutting, filing, or other means, to fit multiple vehicles or vehicles other than the vehicles for which the key was originally manufactured. (c) "Trial keys" or jiggler keys" are keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured. (4) Making or having motor vehicle theft tools is a gross misdemeanor. [2007 c 199 18.] Notes: Findings Intent Short title 2007 c 199: See notes following RCW 9A.56.065. http: /apps.leg.wa.gov /RCW /default.aspx ?cite= 9A.56.063 01/17/2008