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Home My WebLink AboutReg 2016-04-04 Item 5A - Ordinance - Criminal Code Update (TMC Title 8)COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initials Meeting Date Prepared by Ma or's rev'ev Council review 03/28/16 LH ❑ Resolution Mtg Date ® Ordinance Mtg Date 04104116 04/04/16 LH ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&'R ® Police ❑ PWI SPONSOR'S Tukwila Police Department enforces state statutes that are adopted by reference in Title 8 SUMMARY 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 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. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ® F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 03/22/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Tukwila Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/28/16 ITEM INFORMATION ITEM NO. 5.A. STAFF SPONSOR: LISA HARRISON ORIGINAL AGENDA DATE: 03/28/16 AGENDA ITEM TITLE An ordinance updating the City's Criminal Code CATEGORY ® Disnussion Mtg Date 03128116 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 04104116 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&'R ® Police ❑ PWI SPONSOR'S Tukwila Police Department enforces state statutes that are adopted by reference in Title 8 SUMMARY 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 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. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ® F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 03/22/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Tukwila Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/28/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 03/28/16 Informational Memorandum dated 3/3/16 Ordinance in draft form Minutes from the 3/22/16 Finance and Safety Committee Meeting 04/04/16 Ordinance in final form E-11 City of TUkwila Washington Ordinance No. 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 3- 28- 16.doc Page 1 of 5 RT:bjs r.1 RCW 7.21.010 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 TMC 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 RCW 9.26A.110 RCW 9.26A.120 RCW 9.26A.130 RCW 9.45.060 RCW 9.45.070 RCW 9.45.080 RCW 9.45.090 RCW 9.45.100 RCW 9A.56.096 RCW 9A.56.330 RCW 9A.60.010 RCW 9A.60.040 RCW 9A.60.045 RCW 9A.60.050 Definitions. Fraud in obtaining telecommunications service — Penalty. Fraud in operating coin-box telephone or other receptacle. Penalty for manufacture or sale of slugs to be used for coin. Encumbered, leased, or rented personal property — Construction. Mock auctions. Fraudulent removal of property. Knowingly receiving fraudulent conveyance. Fraud in assignment for benefit of creditors. Theft of rental, leased, lease-purchased, or loaned property. Possession of another's identification. Definitions. Criminal impersonation in the first degree. Criminal impersonation in the second degree. False certification. 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 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.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 Arraignment — No-contact order. RCW 9A.46.060 Crimes included in harassment. RCW 9A.46.070 Enforcement of orders restricting contact. W: Word Processing\0rdinancesCriminal code update-retail theft tools 3-28-16.doc RT:bjs 10 Page 2 of 5 RCW 9A.46.080 Order restricting contact — Violation. RCW 9A.46.090 Nonliability of peace officer. RCW 9A.46.100 "Convicted", time when. RCW 9A.46.110 Stalking. RCW 10.14.020 RCW 10.14.030 RCW 10.14.040 RCW 10.14.055 RCW 10.14.060 RCW 10.14.065 RCW 10.14.070 RCW 10.14.080 RCW 10.14.085 RCW 10.14.090 RCW 10. 14.100 RCW 10.14.105 RCW 10. 14.110 RCW 10.14.115 RCW 10.14.120 RCW 10.14.125 RCW 10.14.130 RCW 10.14.140 RCW 10.14.150 RCW 10.14.155 RCW 10. 14.160 RCW 10.14.170 RCW 10.14.180 RCW 10.14.210 Definitions. Course of conduct — Determination of purpose. Protection order — Petition. Fees excused, when. Proceeding in forma pauperis. Orders — Judicial information system to be consulted. Hearing — Service. Antiharassment protection orders — Ex parte temporary — Hearing — Longer term, renewal — Acts not prohibited. Hearing reset after ex parte order — Service by publication — Circumstances. Representation or appearance. Service of order. Order following service by publication. Notice to law enforcement agencies — Enforceability. Enforcement of order — Knowledge prerequisite to penalties — Reasonable efforts to serve copy of order. Disobedience of order — Penalties. Service by publication — Costs. Exclusion of certain actions. Other remedies. Jurisdiction. Personal jurisdiction — Nonresident individual. Where action may be brought. Criminal penalty. Modification of order. Court appearance after violation. 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. W: Word Processing\Ordinances\Criminal code update-retail theft tools 3-28-16.doc RT:bjs Page 3 of 5 11 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 RCW 9A.44.120 RCW 9A.44.132 RCW 9A.44.170 RCW 9A.88.010 RCW 9A.88.030 RCW 9A.88.050 RCW 9A.88.090 RCW 9A.88.110 RCW 9A.88.120 RCW 9A.88.130 RCW 9A.88.140 RCW 9A.88.150 Definitions. Sexual misconduct with a minor in the second degree. Admissibility of child's statement — Conditions. Failure to register as sex offender or kidnapping offender — Refusal to provide DNA. Custodial sexual misconduct in the second degree. Indecent exposure. Prostitution. Prostitution — Sex of parties immaterial — No defense. Permitting prostitution. Patronizing a prostitute. Additional fee assessments. Additional requirements. Vehicle impoundment — Fees — Fines. Seizure and forfeiture. 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. W: Word Processing\Ordinances\Criminal code update-retail theft tools 3-28-16.doc RT:bjs Page 4 of 5 12 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 , 2016. 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 3- 28- 16.doc RT:bjs Page 5 of 5 13