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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.