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HomeMy WebLinkAbout6648 ORDINANCE NO. 6_6 4 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW SECTION 9.96.030 OF THE AUBURN CITY CODE RELATING TO VEHICLE TRESPASS WHEREAS, the current provisions of the Auburn City Code contain regulations addressing various trespass related criminal violations; and WHEREAS, among these regulations, there is nothing specific that provides a trespass violation for a person who knowingly enters or remains unlawfully in a vehicle belonging to another; and WHEREAS, many times, this conduct may result in theft of the automobile in itself or vehicle prowling and theft of property located within the vehicle; and WHEREAS, if the police do not have facts showing that these specific crimes have occurred, police responding to the unwelcome entry into the vehicle may be less able to respond with any criminal charges; and WHEREAS, some jurisdictions have addressed this situation with a provision making it a crime to knowingly enter or remain unlawfully in a vehicle belonging to another. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows:. Section 1. New Section to City Code. That a new Section 9.96.030 of the Auburn City Code, entitled "Vehicle trespass prohibited," is hereby created to read as follows: 9.96.030 Vehicle trespass prohibited. A. A person is guilty of vehicle trespass if he or she knowingly enters or remains unlawfully in a vehicle belonging to another. B. As used in this section: Ordinance No. 6648 March 17, 2017 Page 1 of 2 1. The word enter(s) shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand; 2. A person enters or remains unlawfully in or upon a vehicle when he or she is not licensed, invited or otherwise privileged to so enter or remain. C. Vehicle trespass is a misdemeanor. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions 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 thereof to any person or circumstance shall 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 shall take effect and be in force five days after its passage, approval and publication as provided by law. INTRODUCED: APR 17 2011 PASSED: hmegf APPROVED: CITY OF AUBURN ATTEST: At-AUL-1 NCY BA S, MAYOR Danielle E. Daskam, City Clerk AP •VED A S TO FORM: . A _ h .,� 'niel B. He •, Ci A o - Published: Ordinance No. 6648 March 17, 2017 Page 2 of 2