HomeMy WebLinkAbout5574 ORDINANCE NO. 5 5 7 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CITY CODE TITLE 9 ENTITLED "PUBLIC
PEACE, MORALS AND WELFARE", CHAPTER 9.01 ENTITLED "SPECIFIC
CRIMINAL STATUTES ADOPTED BY REFERENCE" TO ADOPT BY
REFERENCE RCW 9A.76.080 ENTITLED "RENDERING CRIMINAL
ASSISTANCE IN THE SECOND DEGREE" AND ADOPT BY REFERENCE
RCW 9A.76.090 ENTITLED RENDERING CRIMINAL ASSISTANCE IN THE
THIRD DEGREE" AS NEWLY CREATED SECTION 9.01.1600 AND NEWLY
CREATED SECTION 9.01.1610 RESPECTIVELY.
WHEREAS, the state legislature has provided that enforcement
ordinances relating to and regulating municipal affairs, may impose penalties of
fine not exceeding five thousand dollars or imprisonment for any term not
exceeding one year, or both, for violation of such ordinances, constituting
misdemeanor or gross misdemeanor violations; and
WHEREAS, the state legislature has provided that each city responsible
for the prosecution, adjudication, sentencing, and incarceration of
misdemeanor and gross misdemeanor offenses committed by adults in their
jurisdictions, and referred from their respective law enforcement agencies,
whether filed under state law or city ordinance, and must carry out these
responsibilities through the use of their own courts, staff, and facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5574
August 6, 2001
Page 1
Section 1. PURPOSE. The purpose of this Ordinance is as follows:
To amend Title 9 entitled "PUBLIC PEACE, MORALS, AND WELFARE"
section 9.01 entitled "SPECIFIED CRIMINAL STATUTES ADOPTED BY
REFERENCE" for the purpose of being in compliance with Chapter 39.34 RCW
as amended by the 1996 Washington State Legislative session.
Section 2. AMEND TITLE 9 AND SECTION 9.01 OF AUBURN CITY
CODE. Title 9 entitled "PUBLIC PEACE, MORALS AND WELFARE" is hereby
AMENDED and Section 9.01 entitled "SPECIFIC CRIMINAL STATUTES
ADOPTED BY REFERENCE" is hereby amended to include additional section
9.01.1600 and 9.01.1610 as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference.
Section 3. Constitutionality or Invalidity. If any section, subsection,
clause or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity
or constitutionality of the remaining portions of this Ordinance, as it being
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed,
adopted and approved and ratified irrespective of the fact that any one or more
section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Ordinance No. 5574
August6,2001
Page 2
Section 4. Amendment of Title 9 entitled "Public Peace, Morels and
Welfare" and amendment Section 9.01 entitled "Specified Cdminal Statutes
Adopted by Reference" does not affect existing litigation and does not operete
as an abatement or bar to any action or proceeding pending under or by virtue
of the repealed ordinance.
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 6. Effective Date. This Ordinance shall take effect and be in
force beginning September 1, 2001.
INTRODUCED: August 6, 2001
PASSED: August 6, 2001
APPROVED: August 6, 2001
CHARLES A. BOOTH
MAYOR
Ordinance No. 5574
August6,2001
Page 3
ATTEST:
Damelle Daskam
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 5574
August 6, 2001
Page 4
EXHIBIT "A" ORDINANCE NO. 5574
9.01.1600 RCW 9A.76.080
RCW 9A.76.080 entitled "Rendering criminal assistance in the
second degree" is adopted by reference.
9.01.1610 RCW 9A.76.090
RCW 9A.76.090 entitled "Rendering criminal assistance in the
third degree" is adopted by reference.