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Home My WebLink AboutPS 2017-11-20 Item 2A - Ordinance - Vehicle TrespassCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Bruce Linton, Chief of Police BY: Eric Dreyer, Commander CC: Mayor Ekberg DATE: November 14, 2017 SUBJECT: Vehicle Trespass Ordinance ISSUE The King County Prosecutor's Office is not always able to file charges of felony auto theft. A Vehicle Trespass ordinance for the City of Tukwila will provide the police, prosecutor, and municipal court with a tool to hold criminals accountable. BACKGROUND Vehicle thefts and prowls have recently been increasing in King County. Due to the volume of these types of cases, it is becoming increasingly challenging for King County to prosecute these offenders. Despite the Tukwila Police Department's considerable efforts to bring these offenders to justice, an increasing number of offenders are not prosecuted and not punished adequately. Adopting Vehicle Trespass as a misdemeanor would allow the Tukwila City Attorney's Office to more effectively prosecute these offenders in the Tukwila Municipal Court. DISCUSSION The Cities of Kent, Auburn, and Renton all have a vehicle trespass ordinance. They are charging people with vehicle trespassing when there is not quite enough for the King County Prosecutor's Office to charge auto theft. These other municipalities are now seeing the positive impacts of enforcing this ordinance. FINANCIAL IMPACT The financial impact of enforcing a vehicle trespass ordinance, is the jail and court costs associated with potential citations. RECOMMENDATION The Council is being asked to approve the Vehicle Trespass Ordinance and consider this item at the November 27 Committee of the Whole and then forwarded to the December 4 Regular Meeting Consent Agenda. ATTACHMENTS Proposed Vehicle Trespass Ordinance 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER OF THE TUKWILA MUNICIPAL CODE RELATED TO VEHICLE TRESPASS, TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 8.26; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, vehicle thefts and prowls have recently been increasing in King County; and WHEREAS, due to the volume of these types of cases, it is becoming increasingly challenging for King County to prosecute these offenders; and WHEREAS, despite the Tukwila Police Department's considerable efforts to bring these offenders to justice, an increasing number of them are not prosecuted and not punished adequately; and WHEREAS, adopting vehicle trespass as a misdemeanor would allow the Tukwila City Attorney's Office to more effectively prosecute these offenders in the Tukwila Municipal Court; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 8.26 of the Tukwila Municipal Code Established. A chapter of the Tukwila Municipal Code entitled "Vehicle Trespass," to be codified as Tukwila Municipal Code (TMC) Chapter 8.26, is hereby established to read as follows: CHAPTER 8.26 VEHICLE TRESPASS Sections: 8.26.010 Vehicle Trespass Prohibited 8.26.020 Definitions 8.26.030 Penalty W: Word Processing\Ordinances\Vehicle trespass 6-1-17 RBT:bjs Page 1 of 3 3 Section 2. Regulations Established. TMC Section 8.26.010, "Vehicle Trespass Prohibited," is hereby established to read as follows: 8.26.010 Vehicle Trespass Prohibited A person is guilty of vehicle trespass if he or she knowingly enters, attempts to enter, or remains unlawfully in a vehicle belonging to another. Section 3. Regulations Established. TMC Section 8.26.020, "Definitions," is hereby established to read as follows: 8.26.020 Definitions A. The word "enter" shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand. B. A person enters, attempts to enter or remains unlawfully in or upon a vehicle when he or she is not licensed, invited, or otherwise privileged to so enter or remain. Section 4. Regulations Established. TMC Section 8.26.030, "Penalty," is hereby established to read as follows: 8.26.030 Penalty Vehicle trespass is a misdemeanor, punishable by a fine not to exceed $1,000.00, or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment. Section 5. 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 6. 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 7. 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. W: Word Processing\Ordinances\Vehicle trespass 6-1-17 RBT:bjs 4 Page 2 of 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: W: Word Processing\Ordinances\Vehicle trespass 6-1-17 RBT:bjs Page 3 of 3 5