HomeMy WebLinkAboutFS 2008-01-23 Item 2C - Ordinance - Making or Possessing Motor Vehicle Theft Tools
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MICHAEL R. KENYON
BRUCE L. DISEND
SHELLEY M. KERSLAKE
KERRI A. J ORGfu"<SEN
PETER B. BECKWITH
RENEE G. WALLS
KARl L. SAND
MONICA A. BUCK
KATHRYN}. HARDY
A.,\f'{ JO PEARSALL
SANDRA S. MEADOWCROFr
CHRIS D. BACHA
MARGARET J. KING
INFORMATION MEl\10
To:
From:
Date:
Re:
Finance and Safety Committee
Peter Beckwith, Assistant City Attorney
January 16, 2008
Ordinance Amending TMC 8.40.040, Trespass and Related Crimes
ISSUE
vVhether 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.
BACKGROUNDIDISCUSSION
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 ofRCW 9A.56.063.
SERVING WASHINGTON CmES SINCE 1993
CITY OF TUKWILA
WASIDNGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON AMENDING SECTION 8.40.040 TRESPASS
AND RELATED CRIMES TO INCLUDE THE ADOPTION
OF RCW 9A.56.063 RELATING TO THE MAKING OR
POSSESSING 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 posses 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,
W ASIllNGTON, DO ORDAIN 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" and shall read as follows:
8.40.040 Trespass and Related Crimes
The following statutes of the State of Washington are adopted by reference:
RCW 9A.52.01O 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
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Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law
or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of
this Ordinance or its application to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall be published in the official newspaper of the
City, and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCil., AT A REGULAR MEETING THEREOF ON
THE _DAY OF ,2008.
CITY OF TUKWILA
Jim Haggerton, Mayor
ATTEST/AUTHENTICATED:
Jane Cantu, City Clerk
Approved as to form:
Shelley Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Ordinance No.
Date of Publication:
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RC\V 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.
(3) For the purposes of this section, the following definitions apply:
(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 !l18.]
Notes:
Findings --Intent n Short title -- 2007 c 199: See notes following RCW 9A.56.065.
http:// apps.leg. wa. gov/RCW 1 default.aspx?cite=9 A. 5 6.063
01/17/2008