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Home My WebLink AboutOrd 2497 - TMC 8.40.050 "Criminal Code"City of Tukwila Washington Cover page to Ordinance 2497 The full text of the ordinance follows this cover page. 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 TUIWILA MUNICIPAL CODE SECTION 8440,050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2497 was amended or repealed by the following ordinances. ion(s) Ai fended vended by Ord # ection(s) Repealed Repealed by Ord 3 2680 Ordinance No. 2497 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES TO UPDATE THE CRIMINAL CODE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 RT:bjs Page 1 of 5 RCW 7.21.010 RCW 7.21.020 RCW 7.21.030 RCW 7.21.040 RCW 7.21.050 Definitions. Sanctions — Who may impose. Remedial sanctions — Payment for losses. Punitive sanctions — Fines. 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 RCW 9A.46.030 RCW 9A.46.040 RCW 9A.46.050 RCW 9A.46.060 RCW 9A.46.070 Definition — Penalties. Place where committed. Court-ordered requirements upon person charged with crime — Violation. Arraignment — No-contact order. Crimes included in harassment. Enforcement of orders restricting contact. W: Word Processing\Ordinances\Criminal code update-retail theft tools 3-28-16.doc RT:bjs 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 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 Hearing — 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 jurisdiction — 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. 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 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 Definitions. RCW 9A.44.096 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.88.090 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. 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 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, a a Regular Meeting thereof this t41 14 day of ttp f , 2016. ATTEST/AUTHENTICATED: OF Christy O'FI hefty, MMC, City C APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: pore W: Word Processing \Ordinances\Criminal code update-retail theft tools 3-28-16.doc RT:bjs Page 5 of 5 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2497. On April 4, 2016 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2497: 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. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: April 7, 2016