HomeMy WebLinkAbout1996-075 Safety & Morals ORDINANCE NO. 96 -
AN ORDINANCE relating to public safety and morals, amending the City of Yakima
Criminal Code, redefining the crime of assault, adding reckless
endangerment, selling cigarettes to minors, escape, alcohol
violations, harassment crimes, sex crimes and theft crimes, and
adopting the Domestic Violence Prevention Act, RCW 10 99, by
reference, recodifying sections of the City of Yakima Criminal
Code: and amending Sections 6 04 020 and 6 68 010, repealing
Sections 6.04.021, 6.04.170, 6.04.370, 6 04.375, and Chapters 6.60 and
6 68, and adding as new Sections 6 04.025, 6 04 172, 6 04 327,
Chapter 6 05 and Sections 6 05 010, 6 05 020, 6 05 030, 6 05 040,
6 05.050, 6 05 060, 6 05.070, 6 05 080, 6 05 090, 6 05 100, 6 05 110,
6 05 120, Chapter 6 12 and Sections 6 12.010, 6 12 020, 6 12.040,
6.12.050, 612.055, 612.060, 6.12.070, 6.12.080, 6.12.200, Chapter 6 45
and Sections 6.45 010, 6.45 020, 6 45 030, 6 45.040, 6.45 060, 6 45.070,
6 45 080, 6 45 090, 6 48 020, Chapter 6.55 and Sections 6.55 010,
6.55.020, 6.55 030, 6.55 040, 6.55 060, 6.55 070, 6.68 030, 6 68 050,
6 68.060, 6.68 070, 6 68 080, 6 68.090 and 6.68.100, all of the City of
Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 6 04.020 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.04.020 Assault.
A. A person is guilty of assault when he: (1) . - - - .. - -• . •
.
. .. - - _ .. - .. _ • . . .. intentionally touches or strikes
another person in a manner that is harmful or offensive, regardless of whether any
physical injury is done, or (2) intentionally places or attempts to place another person in
fear or apprehension of bodily injury by (a) any act or (b) any act and word or threat.
B Assault is a Gross Misdemeanor "
Section 2. Section 6.04.021 of the City of Yakima Municipal Code is hereby
repealed
Section 3 Section 6 04.370 of the City of Yakima Municipal Code is hereby
repealed
Section 4. Section 6.04.375 of the City of Yakima Municipal Code is hereby
repealed
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Section 5 Section 6.04.025 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows.
"6.04.025 Reckless Endangerment.
A. A person is guilty of reckless endangerment when he recklessly engages in
conduct which creates a substantial risk of death or serious physical injury to another
person."
B Reckless Endangerment is a Gross Misdemeanor"
Section 6 Section 6 04.170 of the City of Yakima Municipal Code is hereby
repealed
Section 7 Section 6 04.172 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows.
"6.04.172 Selling Cigarettes to Minors.
Every person who sells or gives, or permits to be sold or given to any person
under the age of 18 years, any cigar, cigarette, cigarette paper or wrapper, or tobacco in
any form is guilty of a gross misdemeanor It shall be no defense to a prosecution for a
violation of this section if the person acted, or is believed by the defendant to act, as
agent or representative of another
It is a defense to prosecution under this section that the person making a sale
reasonably relied on any officially issued identification that shows the purchaser's age
and bears his or her signature and photograph. As used in this section "officially
issued identification" shall include liquor control authority card of identification of a
state or province of Canada, driver's license, instruction permit, or identification card
of a state or province of Canada, identicard issued by the Washington State
Department of Licensing under Chapter 46.20 RCW, United States Military
identification, passport; or merchant marine identification card issued by the United
States Coast Guard."
Section 8 Section 6 04.327 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows.
"6.04.327 Escape.
A. A person is guilty of escape if he escapes from custody
B Escape is a gross misdemeanor"
Section 9 Chapter 6 05 is hereby enacted as a new chapter of the City of
Yakima Municipal Code to read as follows:
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"Chapter 6.05 Domestic Violence.
6.05.010 Purpose.
RCW 10 99 010 is adopted by reference.
6.050.020 Definitions.
RCW 10 99 020 is adopted by reference For purposes of this chapter, "peace
officer ", includes a Yakima police officer, "law enforcement agency" includes the
Yakima Police Department, "public attorney" means a person or persons, attorney or
attorneys who have been designated by the Yakima City Manager to provide legal
services for indigent defendants, and "legislature" shall include the City Council.
6.05.030 Police Officers' Duties.
RCW 10 99 030 is adopted by reference.
6.05.040 Court -- Duties.
RCW 10 99.040 is adopted by reference.
• 6.050.050 Defendant -- Appearances by.
RCW 10 99.045 is adopted by reference
6.05.060 Sentencing - -No Contact Order.
RCW 10 99.050 is adopted by reference
6.05.070 No Contact Order -- Enforcement.
RCW 10.99.055 is adopted by reference.
6.05.080 Victim -- Notification of Prosecution Decision.
RCW 10 99 .060 is adopted by reference,
6.100 Police Officers' Liability.
RCW 10 99.070 is adopted by reference.
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6.05.110 Copy of State Statute on File.
The office of the City Clerk shall maintain at all times as a public record of the •
City, not less than one copy of RCW Chapter 10 99 for use by city officials and the
general public.
6.05.120 Adoption by Reference includes Subsequent Amendments.
In RCW Sections referred to in this chapter shall include the current version and
any subsequent amendments thereto
Section 10 Chapter 6 12 is hereby added as a new chapter of the Yakima
Municipal Code to read as follows.
"Chapter 6.12 Alcohol Violations.
6.12.010 Liquor in Public
Except as permitted by Title 66 RCW, as now or hereinafter amended no person
shall open the package containing liquor or consume liquor in a public place Every
person who violates any provision of this section shall be guilty of a misdemeanor, and
on conviction therefore shall be fined not more than $100
6.12.020 Over Serving •
No person shall sell any liquor to any person apparently under the influence of
liquor
6.12.040 Furnishing Liquor to Minors.
A. It is unlawful for any person to sell, give, or otherwise supply liquor to
any person under the age of 21 years or permit any person under that age to consume
liquor on his or her premises or on any premises under his or her control. For the
purposes of this subsection, "premises" includes real property, houses, buildings, and
other structures, and motor vehicles and water craft.
B (1) It is unlawful for any person under the age of 21 years to possess,
consume, or otherwise acquire any liquor
(2) It is unlawful for a person under the age of 21 years to be in a
public place, or to be m a motor vehicle, any public place, while exhibiting the affects of
having consumed liquor For purposes of this subsection, exhibiting the affects of
having consumed liquor means that a person has the odor of liquor on his or her breath
and either (a) is in-possession of or close proximity to a container that has or recently
had liquor in it; or (b) by speech, manner, appearance, behavior, lack of coordination, or
otherwise, exhibits that he or she is under the influence of liquor This subsection B(2) •
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does not apply if the person is in the presence of a parent or guardian or has consumed
• or is consuming liquor under circumstances in subsection D or E of this section.
C Subsections A and B(1) of this section do not apply to liquor given or
permitted to be given to a person under the age of 21 years by a parent or guardian and
consumed in the presence of the parent or guardian. This subsection shall not authorize
consumption or possession of liquor by a person under the age of 21 years on any
premises licensed under Chapter 66.24 RCW
D This section does not apply to liquor given for medicinal purposes to a
person under the age of 21 years by a parent, guardian, physician, or dentist.
E. This section does not apply to liquor given to a person under the age of 21
years when such liquor is being used m connection with religious services and the
amount consumed is the minimal amount necessary for the religious service.
F Conviction or forfeiture of bail for a violation of this section by a person
under the age of 21 years at the time of such conviction or forfeiture shall not be a
disqualification of that person to acquire a license to sell or dispense any liquor after
that person has attained the age of 21 years.
6.12.050 Minor Purchasing or Attempting to Purchase Liquor.
Every person under the age of 21 years who purchases or attempts to purchase
liquor shall be guilty of a violation of this title.
6.12.055 Minors Frequenting Off Limits Area -- Misrepresentation of Age-- Penalty --
Classification of Licensees.
A. Except as otherwise provided by RCW 6 44.316 and 6 44.350, it shall be a
misdemeanor
(1) To serve or allow to remain in any area classified by the
Washington State Liquor Control Board as off limits to any person under the age of 21
years,
(2) For any person under the age of 21 years to enter or remain in any
area classified as off limits to such a person, but persons under 21 years of age may pass
through the restricted area in a facility holding a Class H club license,
(3) For any person under the age of 21 years to represent his or her age
as being 21 or more years for the purpose of purchasing liquor or securing admission to,
or remaining in any area classified by the Washington State Liquor Control Board as off
limits to such a person.
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6.12.060 Sales of Liquor to Minors.
Every person who shall sell any intoxicating liquor to any person under the age •
of 21 years shall be guilty of a gross misdemeanor and shall be punished in accordance
with Yakima Municipal Code Section 6.12.200
6.12.070 Unlawful Transfer to a Minor of an Identification of Age.
Any person who transfers in any manner an identification of age to a minor for
the purpose of permitting such a minor to obtain alcoholic beverages shall be guilty of a
misdemeanor, except that a minimum fine of $250 shall be imposed and any sentence
requiring community service shall require not fewer than 25 hours of such service
Provided, that corroborative testimony of a witness other than the minor shall be a
condition precedent to conviction.
6.12.080 Leaving Children Unattended in Parked Automobile.
Every person having the care and custody, whether temporary or permanent, of
minor children under the age of 12 years, who shall leave such children in a parked
automobile unattended by an adult while such person enters a tavern or other premises
where vinous, spirituous, or malt liquors are dispensed for consumption on the
premises shall be guilty of a gross misdemeanor
6.12.200 General Penalties.
Every person guilty of a violation of this chapter for which no penalty has been
specifically provided shall be liable, on conviction, for a first offense to a penalty of not
more than $500, or to imprisonment for not more than two months, or both, for a second
offense to imprisonment for not more than six months, and for a third or subsequent
offense to imprisonment for not more than one year If the offender convicted of an
offense referred to in this chapter is a corporation, it shall, for a first offense, be liable to
a penalty of not more than $5,000 "
Section 11 Chapter 6.36 of the Yakima Municipal Code is hereby repealed in
its entirety
Section 12. Chapter 6 45 is hereby enacted as a new chapter of the City of
Yakima Municipal Code to read as follows.
"Chapter 6.45 Harassment Crimes.
6.45.010 Place Where Committed.
Any harassment offense committed as set forth in this chapter may be deemed to
have been committed where the conduct occurred or at the place from which the threat
or threats were made or at the place where the threats were received.
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6.45.020 Harassment.
A. A person is guilty of harassment if:
(1) Without lawful authority, the person knowingly threatens.
a. To cause bodily injury in the future to the person threatened
or to any other person, or
b To cause physical damage to the property of a person other
than the actor; or
c. To subject the person threatened or any other person to
physical confinement or restraint; or
d. Maliciously do any other act which is intended to
substantially harm the person threatened or another with respect to his or her physical
or mental health or safety; and
(2) The person by words or conduct places the person threatened in
reasonable fear that the threat will be carried out.
A person who harasses another is guilty of a gross misdemeanor
6.45.030 Telephone Harassment.
A. Every person who, with intent to harass, intimidate, torment or embarrass
any other person, shall make a telephone call to such other person.
(1) Using any lewd, lascivious, profane, indecent, or obscene words, or
language, or suggesting the commission of any lewd or lascivious act; or
(2) Anonymously or repeatedly or at an extremely inconvenient hour,
whether or not conversation ensues, or
(3) Threatening to inflict injury on the person or property of the person
called or any member of his or her family or household,
B Shall be guilty of a gross misdemeanor
6.45.040 Willful Violation of Antiharassment or Protection Order.
Any person who willfully disobeys any civil antiharassment protection order
issued pursuant to RCW Chapter 1014 shall be guilty of a gross misdemeanor
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6.45.060 Violation of Protection Order .
Whenever an order for protection is granted under RCW Chapter 26.50, as now •
or hereinafter amended, and the respondent or person to be restrained knows of the
order, a violation of the restraint provisions or of a provision excluding the person from
a residence, work place, school, or daycare, is a gross misdemeanor
6.45.070 Willful Violation of Restraining Order.
A. Whenever a restraining order is issued under RCW Chapter 46 09 as now
or hereinafter amended, and the person to be restrained knows of the order, a violation
of the provisions restricting a person from acts or threats of violence or of a provision
excluding the person from the residence, work place, school, or daycare of another is a
misdemeanor
B A person is deemed to have notice of a restraining order if-
(1) The person to be restrained or the person's attorney signs the order;
(2) The order recites that the person to be restrained or the person's
attorney appeared in person before the Court;
(3) The order was served upon the person to be restrained, or
(4) The peace officer gives the person oral or written evidence of the
order by reading from it or by handing to the person a certified copy of the original
order, certified to be an accurate copy of the original by a notary public or by the clerk
of the court.
C It is a defense to prosecution under this section that the court order was
issued contrary to law or court rule.
6.45.080 Stalking.
A. A person commits the crime of stalking if, without lawful authority under
circumstances not amounting to a felony attempt of another crime:
(1) He or she intentionally and repeatedly harass or repeatedly follows
another person, and
(2) The person being harassed or followed is placed in fear that the
stalker intends to injure the person, another person, or property of the person or of
another person. The feeling of fear must be (1) that a reasonable person in the same
situation would experience under all of the circumstances, and
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• (3) The stalker either
a. Intends to frighten, intimidate, or harass the person, or
b Knows or reasonably should know that the person is afraid,
intimidated, or harassed even if the stalker did not intend to place the person in fear or
intimidate or harass the person.
B (1) It is not a defense to the crime of stalking under this section
that the stalker was not given actual notice that the person did not want the stalker to
contact or follow the person. and
(2) It is not a defense to the crime of stalking under this section
that the stalker did not intend to frighten, intimidate, or harass the person.
C It shall be a defense to the crime of stalking if the defendant is a
licensed private detective acting within the capacity of his or her license as provided by
RCW Chapter 18 165 as now or hereinafter amended
D Attempts to contact or follow the person after being given actual
notice that the person does not want to be contacted followed constitutes prima facie
evidence that the stalker intends to intimidate or harass the person.
E. A person who stalks another person is guilty of a gross
misdemeanor
F As used in this section.
(1) "Follows" means deliberately maintaining visual or physical
proximity to a specific person over a period of time A finding that the alleged stalker
repeatedly and deliberately appears at the person's home, school, place of employment,
business, or any other location to maintain visual or physical proximity to the person is
sufficient to find that the alleged stalker follows the person. It is not necessary to
establish that the alleged stalker follows the person while in transit from one location to
another
(2) "Harass" means unlawful harassment as defined in RCW
10 14.020 as now or hereinafter amended.
(3) "Protective Order" means any temporary or permanent
court order prohibiting or limiting violence against, harassment of, contact or
communication with, or physical proximity to another person.
(4) "Repeatedly" means on two or more separate occasions.
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6.45.090 Felonies Excluded.
No part, clause or section of this chapter shall be construed to include any
act or acts which would, by the addition of facts, circumstances, prior criminal
convictions, or relationships of the parties, render the act a felony under Washington
State Statute."
Section 13 Section 6 48.020 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows.
"6.68.020 Public Officer Defined
As used in this chapter, a "public officer" means any person who presently
occupies the position of or has been elected, appointed, or designated to become an
officer or employee of government, a legislator, judge, judicial officer, juror and any
person participating as an advisor, consultant, or otherwise performing a governmental
function."
Section 14. Chapter 6.55 is hereby enacted as a new chapter of the City of Yakima
Municipal Code to read as follows:
"Chapter 6.55 Sex Offenses.
6.55.010 Definitions.
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As used in this chapter
A. "Minor" means any person under 18 years of age
B "Sexual Contact" means any touching of the sexual or other intimate parts
of a person done for the purpose of gratifying sexual desire of either party or a third
party
C. "Significant Relationship" means a situation in which the perpetrator is:
(1) A person who undertakes the responsibility, professionally or
voluntarily, to provide education, health, welfare, or organized recreational activities
principally for minors, or
(2) A person who in the course of his or her employment supervises
minors.
D "Abuse of a Supervisory Position" means a direct or indirect threat or
promise to use authority to the detriment or benefit of a minor
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E. "Married" means anyone who is legally married to another, but does not
• include a person who is living separate and apart from his or her spouse and who has
filed in an appropriate court for legal separation or for dissolution of his or her
marriage.
6.55.020 Indecent Exposure.
A. It is unlawful for any person to willfully make an indecent
exposure in a public place or at a place and under circumstances where such exposure
may be observed by any member of the public.
B An indecent exposure is the exposure of a person's gerutals or parts
thereof, pubic hair, or public area, cleavage of the buttocks or female breasts below the
top of the areola.
C. This prohibition shall not be construed to limit or restrict lawful
expressive nude activity Any exposure accomplished primarily for the purpose of
sexual gratification or stimulation of one's self or another is not lawful expressive nude
activity
D Indecent exposure is a misdemeanor unless such person exposes
himself to a person under the age of 14 years in which case indecent exposure is a gross
misdemeanor
6.55.030 Lewd Conduct.
A. It is unlawful for any person to willfully perform a lewd act, as hereinafter
defined, in a public place or at a place and under circumstances where such act may be
observed by any member of the public when such act, or the simulation thereof, is done
for the purpose of obtaining or giving of sexual gratification or stimulation.
B As used in this section, lewd act means:
(1) The touching, caressing, or fondling of the genitals of any person by
that person or by another, the touching, caressing, or fondling of a female breast or
breasts by that female or by another person, or
(2) Sexual intercourse involving two or more persons, regardless of
their sex, or any act of sexual conduct between persons involving the sex organs of one
person and the mouth or anus of another; or
(3) Masturbation, manual or instrumental, or
(4) Penetration of the vagina or rectum by any object.
• This section shall not be construed to prohibit lawful:
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(1) Plays, operas, musicals, singing performances, comedians' routines, •
or any other dramatic or performance works, or
(2) Classes, seminars, and lectures held for serious scientific or
educational purposes, or
(3) Exhibitions or dances which constitute expressive nude activity; or
(4) Political expression.
6.55.040 Communication with Minor for Immoral Purposes.
A. A person who has not previously been convicted under this section,
RCW 9 68A.090 as now and hereinafter amended, or of a felony sexual offense under
Chapter 9A.68, 9A.44, or 9A.64 RCW, or of any other felony sexual offense in this or any
other state, and who communicates with a minor for immoral purposes is guilty of a
gross misdemeanor
B In a prosecution under this section, it is not a defense if the
defendant did not know the alleged victim's age: provided, that it is a defense, which
the defendant must prove by preponderance of the evidence, that at the time of the
offense, the defendant made a reasonable bona fide attempt to ascertain the true age of
the minor by requiring production of a driver's license, marriage license, birth
•
certificate, or other governmental or educational identification, card or paper and did
not rely solely on the oral allegations or apparent age of the minor
6.55.050 Sexual Misconduct with a Minor.
A. A person is guilty of sexual misconduct with a minor when the
person has, or knowingly causes another person under the age of 18 to have, sexual
contact with another person who is at least 16 years old, but less than 18 years old and
not married to the perpetrator, if the perpetrator is at least 60 months older than the
victim, is in a significant relationship to the victim, and abuses a supervisory position
within that relationship in order to engage in or cause another person under the age of
18 to engage in sexual contact with the victim.
B Sexual misconduct with a minor is a gross misdemeanor
6.55.060 Fail to Register as Sex Offender.
Any person who knowingly fails to register, or who moves without
notifying the county sheriff, as required by RCW 9A.44 130 as now or hereinafter
amended, is guilty of a gross misdemeanor if the crone for which the individual was
convicted was other than a Class A felony or a federal or out -of -state conviction for an
offense that under the laws of this state would be a Class A felony
(lk)ord/morals.jw 12
• 6.55.070 Processors of Depictions of Minor Engaged in Sexually Explicit Conduct --
Report Required.
A person who, in the course of processing or producing visual or printed matter
either privately or commercially, has reasonable cause to believe that the visual or
printed matter submitted for processing or producing depicts a minor engaged in
sexually explicit conduct shall immediately report such incident, or cause a report to be
made, to the proper law enforcement agency Persons failing to do so are guilty of a
gross misdemeanor
For the purposes of this section "Sexually Explicit Conduct" means actual or
simulated.
(1) Sexual intercourse, including genital /genital, oral /genital, anal /gerutal,
or oral /anal, whether between persons of the same or opposite sex or between humans
and animals,
(2) Penetration of the vagina or rectum by any object;
(3) Masturbation,
(4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer;
(5) Exhibition of the genitals or unclothed pubic or rectal areas of arty minor,
or the unclothed breast of a female minor, for the purpose of sexual stimulation of the
viewer;
(6) Defecation or urination for the purpose of sexual stimulation of the
viewer; and
(7) Touching of a person's clothed or unclothed genitals, pubic area, buttocks,
or breast area for the purpose of sexual stimulation of the viewer
Section 15 Chapter 6 60 of the City of Yakima Municipal Code is hereby
repealed in its entirety
Section 16. Chapter 6 68 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"Chapter 6.68. Shoplifting Theft Crimes.
6.68.010 Shoplifting.
A. It is unlawful for any person to willfully take possession of any goods,
wares, or merchandise offered for sale by any wholesale or retail store or other
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mercantile establishment without the consent of the seller, with the intention of
converting such goods, wares, or merchandise to his own use without having paid the •
purchase price thereof
Shoplifting is a misdemeanor
6.68.030. Drawing bad checks -- Credit Defined.
A. Any person, who with intent to defraud, shall make, or draw, or utter, or
deliver to another person, firm, or corporation, any check, draft, or order for payment
of money upon any bank or other depository, knowing that at the time of such
drawing. or delivery, that the maker or drawer had not sufficient funds in or credit
with said bank or depository for the payment thereof in full upon its presentation, shall
be guilty of disorderly conduct. The word "credit" as used herein shall be construed to
mean an arrangement or understanding with the bank for the payment of such check,
draft, or order.
The uttering or delivery of such a check, draft, or order to another person,
firm, or corporation, without such fund or credit to meet the same shall be prima facie
evidence of an intent to defraud
Drawing bad checks in an amount of $250 or less is a gross misdemeanor
6.68.050 Petty Larceny. •
Every person who, with intent to deprive or defraud the owner thereof, (a) steals
or takes money or property or leaves or drives away property of another; or (b) obtains
from the owner or another the possession of or title to any personal property by color
or aid of any order for the payment or delivery of property or money, or by color orraid
of any fraudulent or false representation, personation or pretense or by any false token
or writing, or by any trick, devise, bunko game, or fortune telling; or (c) having any
property in his possession, custody or control, as bailee, factor, pledgee, servant,
attorney, agent, employee, trustee, executor, administrator, guardian or officer of any
person, estate, association or corporation, or as a public officer, or a person authorized
b a t reement or b com . etent authori to take or hold such • ossession custod or
control, or as a finding thereof, secretes, withholds or appropriates the same to his own
use or to the use of any person other than the true owner or person entitled thereto, or
(d) having received any personal property by reason of a mistake, with knowledge of
such mistake, secretes, withholds, or appropriates the same to his own use or to the use
of any person other than the true owner or person entitled thereto, with reference to
money or property of a value of $250 or less, steals the same and shall be guilty of petty
larceny, and is hereby declared a disorderly person.
Petty larceny is a misdemeanor
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• 6.68.060 Aiding and Abetting, Receiving Stolen Property.
Every person who, knowing such money or property to have been so
appropriated in violation of Section 6.68.050, bring into the city, or buys, sells, receives,
• r aids in concealin l or withholdin! an • ro • ert wron t full a • • ro • riated either
within or outside of the city, in such manner as to constitute petty larceny under the
provisions of this chapter, or aids or abets the commission of a petty larceny in any
manner specified in this chapter, shall be guilty of petty larceny, and is hereby declared
a disorderly person.
6.68.070 Determination of Value.
The value of all instruments not having a market value, whether issued or
delivered or not, or by which any claim, privilege, right, aggregation, or authority, or
an ri ! ht or title to • ro • er real or • ersonal or • u • orts to be or u • on the ha • • enin
of some future event may be, evidenced, created, acknowledged, transferred,
increased, diminished, encumbered, defaulted, discharged, or effected, shall be deemed
to be the amount of money due thereon or secured to be paid thereby and unpaid, or
which in any contingency might be collected thereon or thereby, or the value of the
property transferred or effected, or the title to which is shown thereby, or the sum of
which might be recovered for the want thereof, as the case may be. In every other case
• not otherwise provided herein, "value" shall be deemed to mean market value.
6.68.080 Possession of Stolen Property.
A. A person is guilty of possessing stolen property if he possesses stolen
property which does not exceed $250 in value
Possessing stolen property is a gross misdemeanor
6.68.090 Failure to Deliver Leased Property.
Every person being in possession thereof who shall willfully and without
reasonable cause fail to deliver leased personal property to the lessor within ten days
after written notice of expiration of the lease has been mailed to the lessee by registered
or certified mail with return receipt requested, mailed to the last known address of the
lessee, shall be guilty of a gross misdemeanor: Provided, that there shall be no
prosecution under this section unless such lease is in wnting, and contains a warning
that failure to promptly return the leased property may result in a criminal
prosecution, and the notice mailed pursuant to the provisions of this section shall
clearly state that the lessee may be guilty of a crime upon his failure to return the
property to the lessor within ten days.
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(lk)ord/morals.j% 15
In any prosecution under this section, any allegation containing a description of
the lease by reference to the date thereof and names of the parties shall be sufficiently
definite and certain.
As used in this section, the term "lease" shall also include rental agreements.
The provisions of this section shall be cumulative and non - exclusive and shall
not affect any other criminal provision.
6.68.100 Theft of Subscription Television Services
A. A person is guilty of theft of subscription television services if, with intent
to avoid payment of the lawful charge of a subscription television service, he or she:
(1) Obtains or attempts to obtain subscription television service from a
subscnption television service company by trick, artifice, deception, use of a device or
decoder, or other fraudulent means without authority from the company providing the
service,
(2) Assists or instructs a person in obtaining or attempting to obtain
subscnption television service without authority of the company providing the service;
(3) Makes or maintains a connection or connections, whether physical,
electrical, mechanical, acoustical, or by other means, with cables, wires, components, or
•
other devices used for the distribution of subscription television services without
authonty from the company providing the services,
(4) Makes or maintains a modification or alteration to a device
installed with the authorization of a subscription television service company for the
purpose of interception or receiving a program or other service carried by the company
that the person is not authorized by the company to receive; or
((5) Possesses without authority a device designed in whole or in part
to receive subscription television services offered for sale by the subscription television
service company, regardless of whether the program or services are encoded, filtered,
scrambled, or otherwise made unintelligible, or to perform or facilitate the performance
of any other acts set out in (a) through (d) of this subsection for the reception of
subscnption television services without authority.
Theft of subscription television services is a gross misdemeanor."
Section 17 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
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® PASSED BY THE CITY COUNCIL, signed and approved this 19th day of
November ,1996
Mayor
A'FI EST
co lt
City Clerk
Publication Date: 11/22/96
Effective Date: 12/22/96
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(W)ord/morals.lw 17
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 2-
For Meeting Of 11 / I G f 9
ITEM TITLE: AN ORDINANCE relating to public safety and morals, amending
the City of Yakima Criminal Code, redefining the crime of assault,
adding reckless endangerment, selling cigarettes to minors, escape,
alcohol violations, harassment crimes, sex crimes and theft crimes,
and adopting the Domestic Violence Prevention Act, RCW 10 99, by
reference, recodifying sections of the City of Yakima Criminal
Code: and amending Sections 6 04.020 and 6 68 010, repealing
Sections 6 04.021, 6.04.170, 6 04.370, 6.04.375, and Chapters 6.60 and
6 68, and adding as new Sections 6 04.025, 6 04 172, 6 04 327,
Chapter 6 05 and Sections 6 05 010, 6.05 020, 6 05 030, 6 05 040,
6 05.050, 6 05 060, 6 05 070, 6 05 080, 6 05 090, 6 05 100, 6 05 110,
6 05120, Chapter 6 12 and Sections 612.010, 6 12 020, 6 12.040,
6.12.050, 6.12.055, 612.060, 612.070, 6.12.080, 6.12.200, Chapter 6.45
and Sections 6 45.010, 6 45.020, 6.45.030, 6 45 040, 6.45 060, 6 45 070,
6 45.080, 6.45 090, 6 48 020, Chapter 6.55 and Sections 6.55 010,
• 6.55 020, 6.55 030, 6.55 040, 6.55 060, 6.55 070, 6 68 030, 6 68 050,
6.68.060, 6 68.070, 6 68 080, 6.68.090 and 6 68100, all of the City of
Yakima Municipal Code.
SUBMITTED BY: Jeff B. West, Assistant City Attorney
CONTACT PERSON /TELEPHONE: Jeff B West, Assistant City Attorney /575 -6033
SUMMARY EXPLANATION: (Continued on Page 2)
Resolution Ordinance x Contract Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL. c
, Leh
City Manager
STAFF RECOMMENDATION: Pass Ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance passed. Ordinance No. 96
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AGENDA STATEMENT (Page 2)
Item No. 22
Meeting of 11/19/96
In response to ESSB 6211, the City of Yakima will begin prosecuting crimes in the
City of Yakima Municipal Court which heretofore have been misdemeanors and
gross misdemeanors under state law In order to prosecute these crimes in
municipal court, they must be adopted as municipal ordinances. The enclosed
ordinance adopts the most frequently charged misdemeanors and gross
misdemeanors, adopts the Domestic Violence Prevention Act contained in RCW 10 99
by reference, and reorganizes certain sections of the City of Yakima Municipal Code
so as to group certain types of violations in specific chapters.
It should be noted that the City is not at this time adopting all misdemeanors and
gross misdemeanors which could be charged under state law The City is not
adopting weapons violations, wildlife violations, and certain misdemeanor and gross
misdemeanor offenses which are very rarely charged.
Adoption of these ordinances engenders the cost of prosecution, adjudication,
sentencing and incarceration of these crimes. These costs are projected to be less by
prosecuting them in the municipal court than the costs associated with paying
Yakima County to have these matters prosecuted through their criminal justice
system.
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