HomeMy WebLinkAboutOrd 1677 - Crimes and Prescribing Penaltiesof T
Washington
kwila
Cover page to Ordinance 1677
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TU"K ILA WASHINGTON, AMENDING TITLE 8 OF THE
TUKWILA MUNICIPAL CODE TO MAKE HE PR.OVISIONS OF
SUCH TITLE CONSISTENT VolITII STATE LAWS DEFINING
CRIMES AND PRESCRIBING PENALTIES; REVISING ERTAIN
CRIMINAL II'NAL OFFENSES, ADDING NEW CRP, ES FOR OPENING„
.CONSUMING OH' POSSESSING LIQUOR IN PUBLIC ' AND
VEHICLES RESER ...BUNG POLICE OR FIRE VEHICLES;
'PROVIDING IN FOR SEVERABILITY kD SETTING AN
EFFECTIVE T, A"TE
Ordinance 1677 was amended or repealed by the
following ordinances.
ion(s)
A
AMENDED
ended
A
fended by Ord #
15
1710
12
1805
5
1869
11
2497
ec
REPEALED
ion(s) Rep al
Repealed by Ord #
3, 4
1904
9
1907
5
2151
11
2680
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City of'Tukwila
Washington
Cover page to Ordinance 1677
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITV COUNCIL OF THE CITY OF'
TIC K IL , 'WASHINGTON, AME'N IN 'TITLE 8 OF THE
TIJKWILA MUNICIPAL CODE TO MAKE THE PROVISIONS OF
SUCH TITLE CONSISTENT WITH STATE LAWS DEFINING
RIMES AND PRESCRIBING PENALTIES; REVISING CERTAIN
CRIMINAL II'NAL F E TSES, ADDING NEW CRIMES T' R OPENING,,
CONSUMING OIL POSSESSING G LI Tf R IN PUBLIC ' ID
VEHICLES RESEMBLING POLICE E Oil 'FIRE, VEHI LE ,
PROVIDING FOR SEVETIABILIT"Y AND SETTING AN'
EFTECTIVE DAM
Ordinance 1677 was amended or repealed by the
following ordinances.
1677
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TITLE 8 OF THE
TUKWILA MUNICIPAL CODE TO MAKE THE PROVISIONS OF
SUCH TITLE CONSISTENT WITH STATE LAWS DEFINING
CRIMES AND PRESCRIBING PENALTIES; REVISING CERTAIN
CRIMINAL OFFENSES; ADDING NEW CRIMES FOR OPENING,
CONSUMING OR POSSESSING LIQUOR IN PUBLIC AND
VEHICLES RESEMBLING POLICE OR FIRE VEHICLES;
PROVIDING FOR SEVERABILITY AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the Tukwila City Council finds that the provisions
Tukwila Municipal Code should be consistent with state law, and
WHEREAS, the Tukwila City Council finds that this ordinance
of the public health, safety and welfare, now, therefore,
of Title 8 of the
is in the interests
THE CITY COUNCIL OF THE CITY OF TUKWILA DOES ORDAIN AS
FOLLOWS:
Section 1. There is hereby added a new section 8.90.030 to the Tukwila
Municipal Code to read as follows:
8.90.030 Amendments to State Statutes.
The amendment of any state statute adopted by reference in this title shall be
deemed to amend the corresponding section of this chapter and it shall not be
necessary for the City Council to take any action with respect to such
amendment.
Section 2. Section 8.02.020 of the Tukwila Municipal Code is hereby amended to
repeal the adoption of RCW 9.04.030 and RCW 9.04.040 relating to advertising cures of
venereal diseases.
Section 3. Section 8.03.010 of the Tukwila Municipal Code is hereby amended to
repeal the adoption by reference of RCW 66.44.100 and to adopt RCW 66.20.210,
"Licensee's immunity to prosecution or suit -- Certification card as evidence of good
faith," and RCW 66.44.328, "Unlawful to transfer to a minor or forged, altered, etc.
identification card."
Section 4. Section 8.03.020 of the Tukwila Municipal Code is hereby amended to
read as follows:
8.03.020 Furnishing Liquor to Minors -- Possession and Use.
A. It is unlawful for any person under the age of twenty -one years to be or
remain in any public place after having consumed liquor.
B. It is unlawful for anyone under the age of twenty -one years to acquire or
have in his possession or consume any liquor.
C. It is unlawful for anyone to sell, give or otherwise supply liquor to any
person under the age of twenty -one years, or permit any person under
that age to consume liquor on his premises or on any premises under his
control.
D. This section shall not apply when liquor is given or permitted to be given
to a person under the age of twenty -one years by his parent or guardian
and consumed in the presence of the parent or guardian. This subsection
shall not authorize consumption or possession of liquor by a person under
the age of 21 years on any premises licensed under Chapter 66.24 RCW.
E. This section does not apply to liquor given for medicinal purposes to a
person under the age of 21 years by a parent, guardian, physician or
dentist.
F. This section does not apply to liquor given to a person under the age of 21
years when such liquor is being used in connection with religious services
and the amount consumed is the minimal amount necessary for the
religious service.
Section 5. There is hereby added to Tukwila Municipal Code, a new section
8.03.030 to read as follows:
8.03.030 Opening or consuming liquor or possessing an open container of liquor
in public place. Except as permitted by RCW Title 66, no person shall open a
package containing liquor, consume liquor or possess an open container of
liquor in a public place. Violation of this section is a misdemeanor.
Section 6. The Title of Chapter 8.07 of the Tukwila Municipal Code is hereby
amended to add the word "poisons" and read as follows: "Controlled Substances,
Paraphernalia, Poisons and Toxic Fumes."
Section 7. There is hereby added a new 8.07.050 to the Tukwila Municipal Code
to read as follows:
8.07.050 Poisons. The following state statutes are hereby adopted by reference:
RCW 69.38.020 Poison defined
RCW 69.38.020 Exceptions
RCW 69.38.030 Poison Register
RCW 69.38.040 Poison Register -- Penalty for Violations
RCW 69.38.060 License Required
Section 8. Section 8.09.010 of the Tukwila Municipal Code is hereby amended to
add the adoption of RCW 9A.48.010, Definition.
Section 9. Section 8.20.010 of the Tukwila Municipal Code is hereby amended to
repeal the adoption by reference of RCW 9.45.040, RCW 9.45.120 and RCW 9.45.150.
Section 10. Section 8.30.020 of the Tukwila Municipal Code is hereby amended
to add a new subsection C to read as follows:
C. Any threat as defined in this section is deemed to have been committed at
the place from which the threat or threats were made or at the place
where the threat or threats were received.
Section 11. There is hereby added to the Tukwila Municipal Code a new section
8.30.060 to read as follows:
8.30.060 Harassment. The following state statutes, including all future
amendments, are 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.
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
Section 12. Section 8.06.101 of the Tukwila Municipal Code is amended to add
the adoption by reference of the following state statutes:
RCW 9.68A.110(1),(2),(5) Certain defenses barred, permitted.
RCW 9.68A.120 Seizure and forfeiture of property.
RCW 9.68A.140 Definitions.
RCW 9.68A.150 Minor Access to Erotic Materials.
RCW 9.68A.160 Penalty.
Section 13. There is hereby added to the Tukwila Municipal Code a new section
8.60.040 to read as follows:
8.60.040 Vehicles Resembling Police or Fire Vehicles. No person shall operate a
motor vehicle within the city which is painted and contains decals, numbers,
name, or insignia so as to simulate a Tukwila police or fire department vehicle
without prior authorization from the police chief, fire chief or their designees.
Section 14. Section 8.16.020 of the Tukwila Municipal Code is hereby amended
to add the adoption by reference of the following state statutes:
RCW 9A.72.040
RCW 9A.72.140
RCW 9A.72.150
False Swearing
Jury Tampering
Tampering with Physical Evidence
Section 15. Section 8.01.050 of the Tukwila Municipal Code is hereby amended
to read as follows:
8.01.050 Penalties.
A. Any person violating any provision of this title shall be
guilty of a gross misdemeanor and shall be punished by a
fine not to exceed $5,000.00 or by imprisonment in jail for a
term not exceeding one year or by both such fine and
imprisonment.
Section 16. A new Chapter 8.04 of the Tukwila Municipal Code, entitled Cruelty
to Animals, is hereby added to read as follows:
8.04.010 Cruelty Prohibited
8.04.020 Abuse of Police Animals
8.04.010 Cruelty Prohibited. No person shall within the corporate limits of the
City beat, whip or mistreat any beast of burden or other animal or bird, nor shall any
person starve, neglect to feed or underfeed any animal or bird or subject the same to
circumstances of unusual or unnecessary hardship and suffering, provided however,
that the provisions of this Chapter shall not apply to the ordinary treatment of animals
in any rodeo or other show licensed under laws of the City.
8.04.020 Abuse of Police Animals. It shall be unlawful for any person to
wilfully or maliciously torture, torment, beat, kick, strike, choke, cut, stab, stone, shoot,
mutilate, injure, disable, kill, arouse, anger or excite, or to interfere with or meddle
with any animal while it is being caged, kennelled, transported, exhibited, exercised, or
used in discharging or attempting to discharge any lawful duty or function or power of
office, by any bona fide police officer or his representative, for any police agency.
Section 17. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional a court or competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 18. This ordinance shall take effect five (5) days after passage and
publication of the attached summary which is hereby approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WA HINGTON, at a Regular Meeting thereof this /5 *4 day of
,1993.
ATTEST /AUTHENTICATED:
e E. Cantu, City Clerk
APPROVED AS TO FORM:
By
Of ice of the City Attorney
FILED WITH THE CITY CLERK: /1 3
PASSED BY THE CITY COUNCIL: / / -/ 5"- J 3
PUBLISHED: // - / 9 3
EFFECTIVE DATE: // 2 3
ORDINANCE NO.: /4, 7 7
6‹),
Joh W. Rants, Mayor
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. /( 7 7
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING TITLE 8 OF THE TUKWILA MUNICIPAL CODE TO
MAKE THE PROVISIONS OF SUCH TITLE CONSISTENT WITH
STATE LAWS DEFINING CRIMES AND PRESCRIBING
PENALTIES; REVISING CERTAIN CRIMINAL OFFENSES;
ADDING NEW CRIMES FOR OPENING, CONSUMING OR
POSSESSING LIQUOR IN PUBLIC AND VEHICLES
RESEMBLING POLICE OR FIRE VEHICLES; PROVIDING FOR
SEVERABILITY AND SETTING AN EFFECTIVE DATE.
On // - / 5 - J' 3 , the City Council of the City of Tukwila passed Ordinance
No. /6 7 7 , amending several provisions of Title 8 of the Tukwila Municipal Code;
providing for severability, and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of / 5, /995.
Published: Seattle Times: // - / 9.-93
e: Cet-,(-------
E. Cantu, City Clerk