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Home My WebLink AboutFS 2016-03-22 Item 2A - Ordinance - Criminal Code UpdateCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Ekberg Finance & Safety Committee FROM: Officer Lisa Harrison DATE: March 3, 2016 SUBJECT: Criminal Code Update Ordinance ISSUE A housekeeping ordinance is necessary to update the City's criminal code and to establish the crime of "making or possessing retail theft tools." BACKGROUND AND DISCUSSION Many of the crimes that the Tukwila Police Department enforces are state statutes that are adopted by reference in Title 8 of the Tukwila Municipal Code (TMC), "Public Peace, Morals, and Safety." Those state statutes are re-codified by the state legislature from time to time and new crimes are adopted, so the City must pass update ordinances such as this one every few years to ensure that the TMC references the correct state statues and includes all of the state statutes that the Tukwila Police Department needs to be able to enforce. The draft ordinance also establishes a new TMC Chapter 8.40 to address the crime of "making or possessing retail theft tools." This code update will allow the Tukwila Police and City Prosecutor the ability to arrest and prosecute individuals who are caught committing this type of crime. There is no state law that the City can adopt by reference to prohibit making retail theft tools therefore, the draft ordinance creates a new local law that would be codified at TMC Chapter 8.40. FINANCIAL IMPACT The draft ordinance simply cleans up TMC Title 8 and provides more tools to the Tukwila Police Department so that officers can more effectively carry out the work they are already doing. RECOMMENDATION The Finance and Safety is being asked to forward the ordinance to the March 28, 2016 Committee of the Whole meeting, and then to the April 4, 2016 Regular City Council meeting for approval. ATTACHMENTS Ordinance in draft form 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES TO UPDATE THE CRIMINAL CODE AS CODIFIED IN TITLE 8 OF THE TUKWILA MUNICIPAL CODE TO BE CONSISTENT WITH STATE LAW; ESTABLISHING PROVISIONS PERTAINING TO THE CRIME OF MAKING OR POSSESSING A RETAIL THEFT TOOL, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.40.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in the interest of the public health, safety, and welfare, the City Council desires to update Title 8 of the Tukwila Municipal Code to be consistent with state law by removing references to state criminal statutes that no longer exist and by adopting by reference additional state criminal statutes; and WHEREAS, Title 8 of the Tukwila Municipal Code does not currently have provisions pertaining to the crime of making or possessing a retail theft tool and, in the interest of the public health, safety, and welfare, the City Council desires to adopt such provisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 8.01.040 Amended. Ordinance No. 1363 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 8.01.040, "Contempt," is hereby amended to read as follows: 8.01.040 Contempt The following statutes of the State of Washington, as now in effect or as may be subsequently amended or recodified, are hereby adopted by reference: W: Word Processing \Ordinances \Criminal code update - retail theft tools strike -thru 2- 4- 16.doc RT:bjs Page 1 of 5 3 RCW 7.2 1. 010 Definitions. RCW 7.21.020 Sanctions — Who may impose. RCW 7.21.030 Remedial sanctions — Payment for losses. RCW 7.21.040 Punitive sanctions — Fines. RCW 7.21.050 Sanctions — Summary imposition — Procedure. Section 2. TMC Section 8.20.010 Amended. Ordinance Nos. 2049 §2 and 1907 §1, as codified at TIVIC Section 8.20.010, "Frauds and Swindles," are hereby amended to read as follows: 8.20.010 Frauds and Swindles The following statutes of the State of Washington, as now in effect or as may be subsequently amended or recodified, are hereby adopted by reference: RCW 9.26A.100 Definitions. RCW 9.26A.110 Fraud in obtaining telecommunications service — Penalty. RCW 9.26A.120 Fraud in operating coin-box telephone or other receptacle. RCW 9.26A.130 Penalty for manufacture or sale of slugs to be used for coin. RCW 9.45.060 Encumbered, leased, or rented personal property — Construction. RCW 9.45.070 Mock auctions. RCW 9.45.080 Fraudulent removal of property. RCW 9.45.090 Knowingly receiving fraudulent conveyance. RCW 9.45.100 Fraud in assignment for benefit of creditors. RCW 9A.56.096 Theft of rental, leased, e-p-lease-purchased, or loaned property. RCW 9A.56.330 Possession of another's identification. RCW 9A. 60. 010 Definitions. RCW 9A.60.040 Criminal impersonation in the first degree. RCW 9A.60.045 Criminal impersonation in the second degree. RCW 9A.60.050 False certification. W: Word Processing\Ordinances\Criminal code update-retail theft tools strike-thru 2-4-16.doc RT: bj s Page 2 of 5 SI Section 3. TMC Section 8.30.060 Amended. Ordinance No. 1677 §11, as codified at TMC Section 8.30.060, "Harassment," is hereby amended to read as follows: 8.30.060 Harassment The following state statutes of the State of Washington, as now in effect or as may be subsequently amended or recodified,_inGluding all future amendments, are hereby adopted by reference: RCW 9A.46.020 Definition — Penalties. RCW 9A.46.030 Place where committed. RCW 9A.46.040 Court-ordered requirements upon person charged with crime — Violation. RCW 9A.46.050 RCW 9A.46.060 RCW 9A.46.070 RCW 9A.46.080 RCW 9A.46.090 RCW 9A.46.100 RCW 9A.46.110 Arraignment — No-contact order. Crimes included in harassment. Enforcement of orders restricting contact. Order restricting contact — Violation. Nonliability of peace officer. "Convicted", time when. Stalking. RCW 10.14.020 Definitions. RCW 10.14.030 Course of conduct — Determination of purpose. RCW 10.14.040 Protection order — Petition. RCW 10.14.055 Fees excused, when. RCW 10.14.060 Proceeding in forma pauperis. RCW 10.14.065 Orders — Judicial information system to be consulted. RCW 10.14.070 Hearinq — Service. RCW 10.14.080 Antiharassment protection orders — Ex parte temporary — Hearing Longer term, renewal — Acts not prohibited. RCW 10.14.085 Hearing reset after ex parte order — Service by publication — Circumstances. RCW 10.14.090 Representation or appearance. RCW 10. 14.100 Service of order. RCW 10.14.105 Order following service by publication. RCW 10. 14.110 Notice to law enforcement agencies — Enforceability. RCW 10.14.115 Enforcement of order — Knowledge prerequisite to penalties — Reasonable efforts to serve copy of order. RCW 10.14.120 Disobedience of order — Penalties. RCW 10.14.125 Service by publication — Costs. RCW 10.14.130 Exclusion of certain actions. RCW 10.14.140 Other remedies. RCW 10.14.150 Jurisdiction. RCW 10.14.155 Personal Nonresident individual. RCW 10.14.160 Where action may be brought. RCW 10.14.170 Criminal penalty. RCW 10.14.180 Modification of order. RCW 10. 14.210 Court appearance after violation. W: Word Processing\Ordinances\Criminal code update-retail theft tools strike-thru 2-4-16.doc RT:bjs Page 3 of 5 Section 4. Regulations Established. TMC Section 8.40.050, "Making or Possessing a Retail Theft Tool," is hereby established to read as follows: 8.40.050 Making or Possessing a Retail Theft Tool A. Any person who makes or mends, or causes to be made or mended, uses, or has in his or her possession any retail theft tool that is adapted, designed, or commonly used for the commission of retail related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of retail related theft, or knowing that the same is intended to be so used, is guilty of making or having retail theft tools, a gross misdemeanor. B. For the purpose of this section, a retail theft tool includes, but is not limited to, the following: booster bags; any implement carried with the intent to be used to defeat theft protection sensors, devices, or surveillance; or any other implement shown by facts and circumstances that is intended to be used in the commission of a theft from a retail store or similar place, or knowing that the same is intended to be so used. Section 5. TMC Section 8.50.010 Amended. Ordinance Nos. 1538 §1 and 1363 §1 (part), as codified at TMC Section 8.50.010, "Public Indecency — Sex Crimes," are hereby amended to read as follows: 8.50.010 Public Indecency — Sex Crimes The following statutes of the State of Washington, as now in effect or as may be subsequently amended or recodified, are hereby adopted by reference: RCW 9A.44.010 RCW 9A.44.096 Definitions. Sexual misconduct with a minor in the second degree. RCW 9A.44.120 Admissibility of child's statement — Conditions. RCW 9A.44.132 Failure to register as sex offender or kidnapping offender — Refusal to provide DNA. RCW 9A.44.170 Custodial sexual misconduct in the second degree. RCW 9A.88.010 Indecent exposure. RCW 9A.88.030 Prostitution. RCW 9A.88.050 Prostitution — Sex of parties immaterial — No defense. RCW 9A.88.09004 Permitting prostitution. RCW 9A.88.110 Patronizing a prostitute. RCW 9A.88.120 Additional fee assessments. RCW 9A.88.130 Additional requirements. RCW 9A.88.140 Vehicle impoundment — Fees — Fines. RCW 9A.88.150 Seizure and forfeiture. W: Word Processing\Ordinances\Criminal code update-retail theft tools strike-thru 2-4-16.doc RT:bjs Page 4 of 5 0 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; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 7. 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 8. 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 12016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Criminal code update-retail theft tools strike-thru 2-4-16.doc RT:bjs Page 5 of 5 11