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HomeMy WebLinkAbout6710and, ORDINANCE NO. 6710 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO CRIMINAL OFFENSES, ADOPTING THE CRIME OF IDENTITY THEFT, AND AMENDING CHAPTER 9.62 OF THE AUBURN CITY CODE WHEREAS, Title 9 of the Auburn City Code contains the City's Criminal Code; WHEREAS, on review of existing language, the Legal Department recommends updating certain provisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 9.62 of the Auburn City Code is amended by adding a new Section 9.62.020 "Identity Theft" to read as shown in Exhibit 0 Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. Ordinance No. 6710 January 14, 2018 Page 1 of 3 Rev. 2018 ATTEST: Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: Amz-j-� Steven L. Gross, City Attorney INTRODUCED: -\u, as .ao�S PASSED: ate, �.�\ APPROVED, aa_ ►►. _d • _ &K ,7M . Published:.;a,, ... Ordinance No. 6710 January 14, 2018 Page 2 of 3 Rev. 2018 Ordinance XXXX Exhibit A *New Section* 9.62.020 Identity Theft A. Except as provided in RCW 9.35.020(9), it is unlawful for any person to knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime. B. In a proceeding under this section, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality. C. Violation of this section is a gross misdemeanor, punishable by up to 364 days in jail and/or a $5,000 fine. D. This section is intended to supplement city jurisdiction in identity theft cases that could have been prosecuted as felonies but which were declined by the county in which the offense occurred or which do not meet the county's charging guidelines. If a person is charged with identity theft under state law for a particular incident, the person shall not also be charged under this section for the same conduct. Ordinance No. 6710 January 14, 2018 Page 3 of 3 Rev. 2018