HomeMy WebLinkAbout5717 ORDINANCE NO. 5 7 1 7
AN ORDINANCE of the City Council of the City of Auburn,
Washington, amending Chapter 9.96 of the Auburn City
Code, relating to Trespass and Burglary Tools
WHEREAS, among the responsibilities imposed on the City of Auburn are those
involving enforcement of ordinances proscribing violations of criminal laws adopted as a
part of the Auburn City Code; and,
WHEREAS, the provisions of the Auburn City Code include identification of
certain criminal violations in its criminal code designed to provide for public safety within
the City and to meet specific needs of the City; and,
WHEREAS, to better meet the needs of the City, and to address specific areas of
criminal conduct regulation, it is appropriate to add to the current provisions dealing with
burglary tools similar prohibitions regarding auto theft tools.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION ONE. AMENDMENT OF AUBURN CITY CODE. The current provisions
of Chapter 9.96 of the Auburn City Code are hereby amended to read as follows:
Sections:
9.96.010
9.96.020
9.96.900
Chapter 9.96
Trespass and Burglary Tools
Defying order to leave premises.
Making or Having Bur.qlar or Auto Theft Tools.
Statutes incorporated by reference.
9.96.010 Defying order to leave premises.
Every person, knowing that he is not licensed or privileged to remain, who defies
an order to leave public or private places, or public or private pCemises, communicated
to him by the owner of said place or premises or by some other authorized person,
within the city, is guilty of a misdemeanor. (Ord. 5682 § 1 [part], 2002.)
Ordinance No. 5717
November 18, 2002
Page 1
9.96.020 Making or having burglar or auto theft tools.
(1) A. Every person who shall make or mend, or cause to be made or mended,
or have in his possession, any engine, machine, tool, false key, pick lock, bit, nippers, or
implementor any other implement listed in subsection B, that is adapted, designed, or
commonly used for the commission of burglary or vehicle related theft, under
circumstances evincing an intent to use or employ, or allow the same to be used or
employed in the commission of a burglary, or vehicle related theft, or knowing that thn
same is intended to be so used, shall be guilty of making or having burglar tools or auto
theft tools.
B. The following tools are to be considered prohibited implements; slim jim,
false master key, master purpose key, altered or filed key, trial ("jiggler"). keys, slid~
hammer, lock puller, or any other implement shown by facts and circumstances i,~
intended to be used in the commission of a burglary or vehicle involved theft
C. For the purposes hereof, the following definitions shall apply:
1. False Master or Master key means: Any key or other device made
or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for
which the key was originally manufactured.
2. Altered key: Any key so altered, by cutting, filing, or other means,
to fit multiple vehicles, or vehicles other than the vehicle for which the key was originally
manufactured.
3. Trial ("Jiggler") keys: Keys or sets designed or altered to
manipulate a vehicle locking mechanism other than the lock for which the key w~
originally manutactured. -
D. It shall be prima facie evidence of "circumstances evincing an intent to us-~
for commission of burglary or vehicle related theft" for a person to be in possession of
multiple vehicle keys, or altered vehicle keys unless such person is a bona
locksmith or an employee of a licensed auto dealer or other position for which thc
possession of such keys is required in the performance of their duties.
(2) E. Making or having burglar or auto theft tools is a gross misdemeanor.
9.96.900 Statutes incorporated by reference.
The following statutes are incorporated in this Chapter by reference:
RCW 9A.52.010
RCW 9A.52.070
RCW 9A.52.080
RCW 9A.52.090
RCW 9A.52.100
(Definitions.)
(M~kin~n nr h~vin0 hHr~nl:ar fnnlR )
(Criminal trespass in the first degree.)
(Criminal trespass in the second degree.)
(Criminal trespass - Defenses.)
(Vehicle prowling in the second degree)
RCW 9A.52.120 (Computer trespass in the second degree)
(Ord. 5682 § 1 [part], 2002.)
Ordinance No. 5717
November 18, 2002
Page 2
SECTION TWO. GENERAL SEVERABILITY.
That if any provision of this Ordinance or the application thereof to any person or
circumstance is held to be invalid, the remainder of such code, ordinance or regulation
or the application thereof to other person or circumstances shall not be affected.
SECTION THREE. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as may
be necessary to carry out the directives of this legislation.
SECTION FOUR. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication of the
Ordinance Summary.
A'I-I'EST:
'Dam~elle E.-Daskam, City Clerk
iNTRODUCED:DEC ] $ 2002
PASSED: DEC I $ 2002
APPROVED:
APPROVED AS T__O FORM:
O.L,S.ED:
Ordinance No. 5717
November 18, 2002
Page 3