HomeMy WebLinkAbout2009-036 Property Crime Thresholds; YMC Repeal Portions of 6.68 and 6.04.235 ORDINANCE NO 2009 -36
AN ORDINANCE relating to Public Safety; amending the Title and repealing certain
sections of Chapter 6 68 and repealing section 6 04.235 of the City of
Yakima Municipal Code for the purpose of adopting the equivalent
Revised Code of Washington Statutes which reflects the new property
crime thresholds enacted by the legislature and effective September 1,
2009
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1. The Title of Chapter 6 68 of the Yakima Municipal Code is hereby
changed from, "Theft Offenses" to "Offenses Against Property"
Section 2. The following sections of the City of Yakima Municipal Code are hereby
repealed
6 68 030 Drawing bad checks- credit.
6 68.040 Food stamp crimes.
6 68 050 Petty larceny
6 68 060 Aiding and abetting, receiving stolen property
6 68 070 Determination of value
6 68 080 Possession of stolen property
6 68 090 Failure to deliver leased property
6 68 100 Theft of rental, leased or lease- purchased property
6 68.115 Hotels — Fraudulent use.
6 68 120 Theft of rental, leased or lease- purchased property
6 68 130 Making or having burglar tools.
6 68 150 Making or possessing motor vehicle theft tools
6 68 180 Obscuring identity of a machine.
6 68.200 Shopping cart theft.
6 04.235 Malicious injury to property
Section 3. A new section 6 68 020 of the City of Yakima Municipal Code is hereby
adopted to read as follows:
The following RCW sections, as currently enacted or as hereafter amended or recodified
from time to time, are hereby adopted by reference and shall be given the same force and effect
as if set forth herein in full:
RCW 9A.56 010 Definitions.
RCW 9A.56 020 Theft— Definition, defense
RCW 9A.56 050 Theft in the third degree
RCW 9A.56 060 Unlawful issuance of checks or drafts
RCW 9A.56 063 Making or possessing motor vehicle theft tools
RCW 9A.56 096 Theft of rental, leased, lease- purchased, or loaned property
RCW 9A.56 140 Possessing of stolen property— Definition — Presumption
RCW 9A.56 170 Possession stolen property in the third degree
RCW 9A.56 180 Obscuring the identity of a machine
RCW 9A.56.220 Theft of subscription television services.
RCW 9A.56.270 Shopping cart theft.
RCW 9A.56.280 Credit, debit cards, checks, etc.— Definitions.
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RCW 9A.56 330 Possession of another's identification.
RCW 9 91 142 Food stamp trafficking.
RCW 19 48 110 Obtaining hotel, restaurant, lodging house, ski area,
accommodations by fraud — Penalty
RCW 9A.52 100 Vehicle prowling in the second degree
RCW 9A.48 090 Malicious Mischief in the third degree
RCW 9A.48 100 Malicious mischief- physical damage defined.
Section 4 This ordinance shall be in full force and effect on the first day of September,
2009 after its passage, approval, and publication as provided by law and by the City
Charter
PASSED BY THE CITY COUNCIL, signed and app.. ed this 21st day of July, 2009
David di r, Mayor
ATTEST
' 011-
City Clerk
Publication Date. July 24, 2009
Effective Date September 1, 2009
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• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. _s_
For Meeting of July 21, 2009
ITEM TITLE. An ordinance relating to Public Safety; amending the Title and repealing certain
sections of Chapter 6 68 and repealing section 6 04.235 of the City of Yakima
Municipal Code for the purpose of adopting the equivalent Revised Code of
Washington Statutes which reflects the new property crime thresholds enacted
by the legislature and effective September 1, 2009
SUBMITTED BY Cynthia Martinez, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Cynthia Martinez, 509 - 575 -6033
SUMMARY EXPLANATION: On May 8, 2009 the Govemor signed Senate Bill 6167 entitled,
"Property Crimes— Organized Retail Crime Task Force — Threshold Amounts " SB 6167
increases the threshold between misdemeanor and felony property crimes from the current
level of $250 00 to $750 00, shifting additional caseload to Municipal Courts The new
• threshold amounts apply to crimes committed on or after September 1, 2009 This ordinance
increases the dollar amount thresholds for property crime misdemeanors being filed in the City
of Yakima Municipal Court and handled by City prosecutors and public defenders.
Due to concerns about the potential impact to Municipal Court caseloads across the state,
cities will be part of a task force created under the bill to study the impact of raising the
threshold on court caseloads and the retail industry The proposed ordinance repeals most of
the affected City of Yakima property crime offenses and adopts the comparable Revised Code
of Washington Statutes. The Legal Department will be proposing similar ordinances in the
coming months to prepare for the implementation of the prosecutor case management system.
Resolution Ordinance X Contract Other(Specify)
Mail to (name and address)
Phone:
Funding Source
APPROVED FOR SUBMITTAL.
Ci anager
STAFF RECOMMENDATION Pass Ordinance
BOARD /COMMISSION RECOMMENDATION The proposed ordinance has not been before
40 the Yakima City Council Public Safety Committee
COUNCIL ACTION