HomeMy WebLinkAbout5822ORDINANCE NO. 5 8 2 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
9.38.900, 9.54.900, 9.62.900 and 9.94.900 OF THE
AUBURN CITY CODE UPDATING THE PROVISIONS
WHEREBY CERTAIN CRIMES IN STATE LAW ARE
ADOPTED BY REFERENCE
WHEREAS, the City of Auburn City Code includes sections of the Revised Code
of Washington (RCW) which define certain crimes adopted by reference; and
WHEREAS, as the provisions of State law are amended, modified or repealed, it
is appropriate to reflect such changes in the applicable Chapters of the City Code,
adding, changing or deleting as warranted; and
WHEREAS, there are also instances when it would be advantageous for the City
to adopt by reference new or other Sections of the RCW that were not previously
included among those adopted by reference, thereby giving the City's law enforcement
the additional tools to address the intended conduct.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Code Section Amended.
Section 9.38.900 of the Auburn City Code (Frauds and Swindles) is hereby
amended to delete the adoption by reference of RCW 9.45.062, a statute replaced by
the new RCW 9A.56.096 (Theft), so that the Section shall read as follows:
9.38.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference:
RCW
9.45.060 Encumbered, leased or rented personal property - Construction
9.45.070 Mock options
9.45.080 Fraudulent removal of prope~y
Ordinance No. 5822
December 30, 2003
Page 1
9.45.090
9.45.100
9A.60.010
9A.60.040
9A.60.050
9A.61.010
9A.61.020
9A.61.050
9A.61.060
Knowingly receiving fraudulent conveyance
Fraud in assignment for benefit of creditors
Definitions
Criminal impersonation
False certification
Definitions [Defrauding a public utility]
Defrauding a public utility
Defrauding a public utility in the third degree
Restitution and costs
(Ord. 5682 § 1,2002.)
Section 2. Code Section Amended.
Section 9.54.900 of the Auburn City Code (Malicious Mischief, Reckless Burning,
Fire) is hereby amended to add the adoption by referenCe the misdemeanor provisions
of RCW 9.40.100, Tampering with fire alarm or fire fighting equipment, so that the
Section shall read as follows:
9.54.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference:
RCW
9.40.100(1) Tampering with fire alarm or fire fiqhting equipment -~ False alarm --
Penalties. (Effective until July 1, 2004.)
9.40.100 Tampering with fire alarm or fire fi,qhtin.q equipment -- False alarm --
Penalties. (Effective July 1, 2004.)
9A.48.050 Reckless burning in the second degree
9A.48.060 Reckless burning - Defense
9A.48.090 Malicious mischief in the third degree
9A.48.100 Malicious mischief- Physical damage defined
27.12.330 Penalty for injury to property [libraries]
(Ord. 5682 § 1,2002.)
Section 3. Code Section Amended.
Section 9.62.900 of the Auburn City Code (Miscellaneous Crimes) is hereby
amended to add the adoption by reference of RCW 9A.50.020, Interference with Health
Care Facility, so that the Section shall read as follows:
9.62.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference:
RCW
9.03.010 Abandoning, discarding refrigeration equipment
9.03.020 Permitting unused equipment to remain on premises
9.03.040 Keeping or storing equipment for sale
9.73.010 Divulging telegram
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December 30, 2003
Page 2
9.73.020
9.91.010
9.91.025
9.91.060
9.91.110
9A.50.020
Opening sealed letter
Denial of civil rights - Terms defined
Unlawful bus conduct
Leaving children unattended in parked automobile
Metal buyers - Records of purchases
Interference with Health Care Facility
(Ord. 5682 § 1,2002.)
Section 4. Code Section Amended.
Section 9.94.900 of the Auburn City Code (Theft) is hereby amended to add the
adoption by reference of RCW 9A.56.096, Theft of rental, leased, or lease-purchased
property, so that the Section shall read as follows:
9.94.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference:
RCW
9A.56.010 Definitions
9A.56.020 Theft- Definition- Defense
9A.56.050 Theft in the third degree
9A.56.096 Theft of rental, leased, or lease-purchased property
9A.56.100 Theft and larceny equated
9A.56.140 Possessing stolen property- Definition -Access devices,
presumption
9A.56.170 Possessing stolen property in the third degree
9A.56.180 Obscuring identity of a machine
9A.56.220 Theft of cable television services
9A.56.230 Unlawful sale of cable television services
9A.56.240 Forfeiture and disposal of device used to commit violation
9A.56.260 Connection of channel converter
9A.56.270 Shopping cart theft
(Ord. 5682 § 1, 2002.)
Section 5. Administrative Authority.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
Section 6. Severability.
If any provision of this ordinance or its application to any person or
circumstances is held invalid, the remainder of the act of the application of the provision
to other persons or circumstances shall not be affected.
Ordinance No. 5822
December 30, 2003
Page 3
Section 7. Effective date.
This ordinance shall take effect and be in force five (5) days after passage and
publication as required by law, and as indicated herein.
JAN ~ 2004
INTRODUCED:
PASSED: J4.N ~ 2004
APPROVED: JAN ~ 2004
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
TO FORM:
APPROVED :~
City Attorney
Published:
Ordinance No. 5822
December 30, 2003
Page 4
9A.56.096 Theft of rental, leased, or lease-purchased property. (Effective until July
1, 2004J
(1) A person who, with intent to deprive the owner or owner's agent, wrongfully
obtains, or exerts unauthorized control over, or by color or aid of deception gains control
of personal property that is rented or leased to the person, is guilty of theft of rental,
leased, or lease-purchased property.
(2) The finder of fact may presume intent to deprive if the finder of fact finds
either of the following:
(a) That the person who rented or leased the property failed to return or make
arrangements acceptable to the owner of the property or the owner's agent to return the
property to the owner or the owner's agent within seventy-two hours after receipt of
proper notice following the due date of the rental, lease, or lease-purchase agreement;
or
(b) That the renter or lessee presented identification to the owner or the
owner's agent that was materially false, fictitious, or not current with respect to name,
address, place of employment, or other appropriate items.
(3) As used in subsection (2) of this section, "proper notice" consists of a
written demand by the owner or the owner's agent made after the due date of the rental,
lease, or lease-purchase period, mailed by certified or registered mail to the renter or
lessee at: (a) The address the renter or lessee gave when the contract was made; or (b)
the renter or lessee's last known address if later furnished in writing by the renter,
lessee, or the agent of the renter or lessee.
(4) The replacement value of the property obtained must be utilized in
determining the amount involved in the theft of rental, leased, or lease-purchased
property. Theft of rental, leased, or lease-purchased property is a: Class B felony if the
rental, leased, or lease-purchased
dollars or more; class C felony if
valued at two hundred fifty dollars
property is valued at one thousand five hundred
the rental, leased, or lease-purchased property is
or more but less than one thousand five hundred
dollars; and gross misdemeanor if the rental, leased, or lease-purchased property is
valued at less than two hundred fifty dollars.
(5) This section applies to rental agreements that provide that the renter may
return the property any time within the rental period and pay only for the time the renter
actually retained the property, in addition to any minimum rental fee, to lease
agreements, and to lease-purchase agreements as defined under RCW 63.19.010. This
section does not apply to rental or leasing of real property under the residential landlord-
tenant act, chapter 59.18 RCW. [1997 c 346 § 1 .]
9A.56.096 Theft of rental, leased, or lease-purchased property. (Effective July 1,
2004J
(1) A person who, with intent to deprive the owner or owner's agent, wrongfully
obtains, or exerts unauthorized control over, or by color or aid of deception gains control
of personal property that is rented or leased to the person, is guilty of theft of rental,
leased, or lease-purchased property.
(2) The finder of fact may presume intent to deprive if the finder of fact finds
either of the following:
Ordinance No. 5822
December 30, 2003
Page 5
(a) That the person who rented or leased the property failed to return or make
arrangements acceptable to the owner of the property or the owner's agent to return the
property to the owner or the owner's agent within seventy-two hours after receipt of
proper notice following the due date of the rental, lease, or lease-purchase agreement;
or
(b) That the renter or lessee presented identification to the owner or the owner's
agent that was materially false, fictitious, or not current with respect to name, address,
place of employment, or other appropriate items.
(3) As used in subsection (2) of this section, "proper notice" consists of a written
demand by the owner or the owner's agent made after the due date of the rental, lease,
or lease-purchase period, mailed by certified or registered mail to the renter or lessee
at: (a) The address the renter or lessee gave when the contract was made; or (b) the
renter or lessee's last known address if later furnished in writing by the renter, lessee, or
the agent of the renter or lessee.
(4) The replacement value of the property obtained must be utilized in
determining the amount involved in the theft of rental, leased, or lease-purchased
property.
(5)(a) Theft of rental, leased, or lease-purchased property is a class B felony if
the rental, leased, or lease-purchased property is valued at one thousand five hundred
dollars or more.
(b) Theft of rental, leased, or lease-purchased property is a class C felony if the
rental, leased, or lease-purchased property is valued at two hundred fifty dollars or more
but less than one thousand five hundred dollars.
(c) Theft of rental, leased, or lease-purchased property is a gross
misdemeanor if the rental, leased, or lease-purchased property is valued at less than
two hundred fifty dollars.
(6) This section applies to rental agreements that provide that the renter may
return the property any time within the rental period and pay only for the time the renter
actually retained the property, in addition to any minimum rental fee, to lease
agreements, and to lease-purchase agreements as defined under RCW 63.19.010. This
section does not apply to rental or leasing of real property under the residential landlord-
tenant act, chapter 59.18 RCW. [2003 c 53 § 77; 1997 c 346 § 1.]
9.40.100 Tampering with fire alarm or fire fighting equipment -- False alarm --
Penalties. (Effective until July l, 2004.)
(1) Any person who willfully and without cause tampers with, molests, injures or
breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire
or signal, or any fire fighting equipment, or who willfully and without having reasonable
grounds for believing a fire exists, sends, gives, transmits, or sounds any false alarm of
fire, by shouting in a public place or by means of any public or private fire alarm system
or signal, or by telephone, is guilty of a misdemeanor. This provision shall not prohibit
the testing of fire alarm systems by persons authorized to do so, by a fire department or
the chief of the Washington state patrol, through the director of fire protection.
(2) Any person who willfully and without cause tampers with, molests, injures,
or breaks any public or private fire alarm apparatus, emergency phone, radio, or other
Ordinance No. 5822
December 30, 2003
Page 6
wire or signal, or any fire fighting equipment with the intent to commit arson, is guilty of
a felony.
[1995 c 369 § 3; 1990 c 177 § 1; 1986 c 266 § 80; 1967 c 204 § 1.]
9.40.100 Tampering with fire alarm or fire fighting equipment -- False alarm --
Penalties. (Effective July l, 2004.)
Any person who willfully and without cause tampers with, molests, injures or
breaks any public or private fire alarm apparatus, emergency phone, radio, or other wire
or signal, or any fire fighting equipment, or who willfully and without having reasonable
grounds for believing a fire exists, sends, gives, transmits, or sounds any false alarm of
fire, by shouting in a public place or by means of any public or private fire alarm system
or signal, or by telephone, is guilty of a misdemeanor. This provision shall not prohibit
the testing of fire alarm systems by persons authorized to do so, by a fire department or
the chief of the Washington state patrol, through the director of fire protection.
[2003 c 53 § 23; 1995 c 369 § 3; 1990 c 177 § 1; 1986 c 266 § 80; 1967 c 204 § 1 .]
9A.50.020 Interference with health care facility.
It is unlawful for a person except as otherwise protected by state or federal law,
alone or in concert with others, to willfully or recklessly interfere with access to or from a
health care facility or willfully or recklessly disrupt the normal functioning of such facility
by:
(1) Physically obstructing or impeding the free passage of a person seeking to
enter or depart from the facility or from the common areas of the real property upon
which the facility is located;
(2) Making noise that unreasonably disturbs the peace within the facility;
(3) Trespassing on the facility or the common areas of the real property upon
which the facility is located;
(4) Telephoning the facility repeatedly, or knowingly permitting any telephone
under his or her control to be used for such purpose; or
(5) Threatening to inflict injury on the owners, agents, patients, employees, or
property of the facility or knowingly permitting any telephone under his or her control to
be used for such purpose.
[1993 c 128 § 3.]
Ordinance No. 5822
December 30, 2003
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