HomeMy WebLinkAbout2003-022 Mistreatment of dependent persons, possession of burglar tools, weapons possession, possession of needles ORDINANCE NO 2003- 22
AN ORDINANCE relating to public safety and morals, criminalizing
mistreatment of dependent persons, leaving a child in the
care of a registered sex offender, possession of burglar
tools, and weapons in police, jail and court facilities, and
permitting possession of sterile needles to prevent the
spread of bloodborne disease and; enacting as a new
chapter, chapter 6 07 and enacting as new sections,
sections 6 07 010, 6 07 020, 6 07 025, 6 07 030, 6 07 040,
6 07 050, 6 07 060, 6 07 070, 6 07 080, 6 68 130 and
6 44 070 and amending section 6 08 020 all of the City of
Yakima Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Chapter 6 07 and Sections 6 07 010, 6 07 020, 6 07 025,
6 07 030, 6 07 040, 6 07 050, 6 07 060, 6 07 070 and 6 07 080 all of the city of
Yakima Municipal Code are hereby enacted as a new Chapter and New Sections
to read as follows
"Chapter 6.07
Abuse of Dependent Persons
6.07 010. Definitions.
As used in this chapter
(1) `Basic necessities of life' means food, water, shelter,
clothing, and medically necessary health care, including but not limited to health -
related treatment or activities, hygiene, oxygen, and medication,
(2) (a) `Bodily injury' means physical pain or injury, illness, or an
impairment of physical condition,
(b) `Substantial bodily harm' means bodily injury which
involves a temporary but substantial disfigurement, or which causes a temporary
but substantial loss or impairment of the function of any bodily part or organ, or
which causes a fracture of any bodily part;
(c) `Great bodily harm' means bodily injury which creates a
high probability of death, or which causes serious permanent disfigurement, or
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which causes a permanent or protracted Toss or impairment of the function of any
bodily part or organ
(3) `Child' means a person under eighteen years of age
(4) Dependent person' means a person who, because of
physical or mental disability, or because of extreme advanced age, is dependent
upon another person to provide the basic necessities of life A resident of a
nursing home, as defined in RCW 18 51 010, a resident of an adult family home,
as defined in RCW 70 128 010, and a frail elder or vulnerable adult, as defined in
RCW 74 34 020(8), is presumed to be a dependent person for purposes of this
chapter
(5) `Employed' means hired by a dependent person, another
person acting on behalf of a dependent person, or by an organization or
governmental entity, to provide to a dependent person any of the basic
necessities of life A person may be `employed' regardless of whether the person
is paid for the services or, if paid, regardless of who pays for the person's
services
(6) `Parent' has its ordinary meaning and also includes a
guardian and the authorized agent of a parent or guardian
(7) `Abandons' means leaving a child or other dependent person
without the means or ability to obtain one or more of the basic necessities of life
6.07 020 Criminal mistreatment in the third degree.
(1) A person is guilty of the crime of criminal mistreatment in the
third degree if the person is the parent of a child, is a person entrusted with the
physical custody of a child or other dependent person, or is a person employed
to provide to the child or dependent person the basic .necessities of life, and
either
(a) With criminal negligence, creates an imminent and
substantial risk of substantial bodily harm to a child or dependent person by
withholding any of the basic necessities of life, or
(b) With criminal negligence, causes substantial bodily harm
to a child or dependent person by withholding any of the basic necessities of life
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(2) Criminal mistreatment in the third degree is a gross
misdemeanor
6.07 025 Criminal mistreatment in the fourth degree.
(1) A person is guilty of the crime of criminal mistreatment in the
fourth degree if the person is the parent of a child, is a person entrusted with the
physical custody of a child or other dependent person, or is a person employed
to provide to the child or dependent person the basic necessities of life, and
either
(a) With criminal negligence, creates an imminent and
substantial risk of bodily injury to a child or dependent person by withholding any
of the basic necessities of life, or
(b) With criminal negligence, causes bodily injury or
extreme emotional distress manifested by more than transient physical
symptoms to a child or dependent person by withholding the basic necessities of
life
(2) Criminal mistreatment in the fourth degree is a
misdemeanor
6.07.030 Withdrawal of life support systems.
YMC 6 07 020 and 6 07 025 do not apply to decisions to withdraw life
support systems made in accordance with RCW chapter 7 70 or 70 122 by the
dependent person, his or her legal surrogate, or others with a legal duty to care
for the dependent person
6.07 040 Palliative care.
YMC 6 07 020 and 6 07 025 do not apply when a terminally ill or
permanently unconscious person or his or her legal surrogate, as set forth in
RCW chapter 7 70, requests, and the person receives, palliative care from a
licensed home health agency, hospice agency, nursing home, or hospital
providing care under the medical direction of a physician. As used in this
section, the terms "terminally ill" and "permanently unconscious" have the same
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meaning as "terminal condition" and "permanent unconscious condition" in
chapter RCW 70 122
6.07 050. Defense of financial inability.
In any prosecution for criminal mistreatment, it shall be a defense that the
withholding of the basic necessities of life is due to financial inability only if the
person charged has made a reasonable effort to obtain adequate assistance
This defense is available to a person employed to provide the basic necessities
of life only when the agreed -upon payment has not been made
6.07 060. Abandonment of a dependent person.
(1) A person is guilty of the crime of abandonment of a dependent
person if
(a) The person is the parent of a child, a person entrusted with
the physical custody of a child or other dependent person, or a person employed
to provide to the child or dependent person any of the basic necessities of life,
and
(b) The person recklessly abandons the child or other
dependent person, and -
(i) As a result of being abandoned, the child or other
dependent person suffers bodily harm, or
(ii) Abandoning the child or other dependent person creates
an imminent and substantial risk that the child or other
person will suffer substantial bodily harm
(2) Abandonment of a dependent person in the third degree is a gross
misdemeanor
6.07.070 Abandonment of a dependent person— Defense.
It is an affirmative defense to the charge of abandonment of a dependent
person, that the person employed to provide any of the basic necessities of life to
the child or other dependent person, gave reasonable notice of termination of
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services and the services were not terminated until after the termination date
specified in the notice The notice must be given to the child or dependent
person, and to other persons or organizations that have requested notice of
termination of services furnished to the child or other dependent person
6.07 080 Leaving a child in the care of a sex offender
(1) A person is guilty of the crime of leaving a child in the care of a sex
offender if the person is (a) the parent of a child (b) entrusted with the physical
custody of a child; or (c) employed to provide to the child the basic necessities of
life, and leaves the child in the care or custody of another person who is not a
parent, guardian, or lawful custodian of the child, knowing that the person is
registered or required to register as a sex offender under the laws of this state, or
a law or ordinance in another jurisdiction with similar requirements, because of a
sex offense against a child
(2) It is an affirmative defense to the charge of leaving a child in the
care of a sex offender under this section, that the defendant must prove by a
preponderance of the evidence, that a court has entered an order allowing the
offender to have unsupervised contact with children, or that the offender is
allowed to have unsupervised contact with the child in question under a family
reunification plan, which has been approved by a court, the department of
corrections, or the department of social and health services in accordance with
department policies
(3) Leaving a child in the care of a sex offender is a misdemeanor "
Section 2. Section 6 68 130 of the city of Yakima Municipal Code is
hereby enacted as a new section to read as follows.
"6 68.130 Making or having burglar tools.
(1) 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 implement adapted, designed, or commonly used for the
commission of burglary under circumstances evincing an intent to use or employ,
(Ik)ord 6 .07 430 -03.jw 5
or allow the same to be used or employed in the commission of a burglary, or
knowing that the same is intended to be so used, shall be guilty of making or
having burglar tools
(2 Making or having burglar tools is a gross misdemeanor "
Section 3 Section 6 44 070 of the city of Yakima Municipal Code is
hereby enacted as a new section to read as follows
"6.44.070. Weapons prohibited in certain places - Exceptions—
Penalty
(1) It is unlawful for any person to enter the following places when he
or she knowingly possesses or knowingly has under his or her control a weapon.
(a) The restricted access areas of a jail, or of a law enforcement
facility, or any place used for the confinement of a person (i) arrested for,
charged with, or convicted of an offense, (ii) held for extradition or as a material
witness, or (iii) otherwise confined pursuant to an order of a court, except an
order under RCW chapter 13 32A or 13 34 Restricted access areas do not
include common areas of egress or ingress open to the general public;
(b) Those areas in any building which are used in connection
with court proceedings, including courtrooms, jury rooms, judge's chambers,
offices and areas used to conduct court business, waiting areas, and corridors
adjacent to areas used in connection with court proceedings The restricted
areas do not include common areas of ingress and egress to the building that is
used in connection with court proceedings, when it is possible to protect court
areas without restricting ingress and egress to the building. The restricted areas
shall be the minimum necessary to fulfill the objective of this subsection (1)(b)
The Police Chief shall provide either a stationary locked box sufficient in size for
pistols and key to a weapon owner for weapon storage, or shall designate an
official to receive weapons for safekeeping, during the owner's visit to restricted
areas of the building. The locked box or designated official shall be located within
the same building used in connection with court proceedings
(lk)ord 6 .07 4- 30 -03.jw 6
The presiding judge of the municipal court shall designate and clearly mark those
areas where weapons are prohibited, and shall post notices at each entrance to
the building of the prohibition against weapons in the restricted areas;
(c) The restricted access areas of a public mental health facility
certified by the department of social and health services for inpatient hospital
care and state institutions for the care of the mentally ill, excluding those facilities
solely for evaluation and treatment. Restricted access areas do not include
common areas of egress and ingress open to the general public; or
(d) That portion of an establishment classified by the state liquor
control board as off - limits to persons under twenty -one years of age.
(5) The perimeter of the premises of any specific location covered by
subsection (1) of this section shall be posted at reasonable intervals to alert the
public as to the existence of any law restricting the possession of firearms on the
premises
(6) Subsection (1) of this section does not apply to
(a) A person engaged in military activities sponsored by the
federal or state governments, while engaged in official duties,
(b) Law enforcement personnel, or
(c) Security personnel while engaged in official duties
(7) Subsection (1)(a) of this section does not apply to a person
licensed pursuant to RCW 9 41 070 who, upon entering the place or facility,
directly and promptly proceeds to the administrator of the facility or the
administrator's designee and obtains written permission to possess the firearm
while on the premises or checks his or her firearm The person may reclaim the
firearms upon leaving but must immediately and directly depart from the place or
facility
(8) Subsection (1)(c) of this section does not apply to any administrator
or employee of the facility or to any person who, upon entering the place or
facility, directly and promptly proceeds to the administrator of the facility or the
(lk)ord 6.07 430 -03.jw 7
administrator's designee and obtains written permission to possess the firearm
while on the premises
(9) Subsection (1)(d) of this section does not apply to the proprietor of
the premises or his or her employees while engaged in their employment.
(10) Any person violating subsection (1) of this section is guilty of a
gross misdemeanor
(11) 'Weapon' as used in this section means any firearm, explosive as
defined in RCW 70 74 010, or instrument or weapon listed in RCW 9 41.250 "
Section 4 Section 6 08 020 of the city of Yakima Municipal Code is
hereby amended to read as follows
"6.08.020 Drug Paraphernalia Prohibited acts.
A. Possession of Drug Paraphernalia It is unlawful for any person to
use, or to possess with intent to use, drug paraphernalia to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled substance in
violation of Chapter 69 50 of the Revised Code of Washington
B Manufacture or Delivery of Drug Paraphernalia. It is unlawful for
any person to deliver, possess with intent to deliver, or manufacture with intent to
deliver, . drug paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance in violation of Chapter
69 50 of the Revised Code of Washington
C Advertisement of Drug Paraphernalia. It is unlawful for any person
to place in any newspaper, magazine, handbill, or other publication any
advertisement, knowing, or under circumstances where one reasonably should
(Ik)ard 6.07 4-30 -03.jw 8
know, that the purpose of the advertisement, in whole or in part, is to promote the
sale of objects designed or intended for use as drug paraphernalia.
D Possessing, manufacturing, delivering or advertising drug
paraphernalia is a misdemeanor
E. It is lawful for any person over the age of eighteen to possess
sterile hypodermic syringes and needles for the purpose of reducing bloodborne
diseases."
Section 5 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
PASSED BY THE CITY COUNCIL, signed and approved this 6 day of
May, 2003
• lace, Mayor
ATTEST
By
City Clerk
Publication Date 5 -9 -2003
Effective Date 6 -8 -2003
(lk)ord 6.07 430 -03.jw 9
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 401 i f
For Meeting Of May 6 2003
ITEM TITLE: An ordinance relating to public safety and morals, criminalizing
mistreatment of dependent persons, leaving a child in the care of a registered sex
offender, possession of burglar tools, and weapons in police, jail and court
facilities, and permitting possession of sterile needles to prevent the spread of
bloodborne disease and, enacting as a new chapter, chapter 6 07 and enacting as
new sections, sections 6.07 010, 6.07 020, 6.07 025, 6.07 030, 6.07 040, 6.07 050,
6.07 060, 6.07 070, 6.07 080, 6 68.130 and 6.44.070 and amending section 6.08 020
all of the City of Yakima Municipal Code.
SUBMITTED BY: Jeff B West, Senior Assistant City Attorney
CONTACT PERSON: Jeff B West, Senior Assistant City Attorney, 575 -6033
SUMMARY EXPLANATION: See attached.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Funding Source
APPROVED FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION: Pass ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance passed ORDINANCE NO. 2003 -22
(Ik)agmda 6.07 4 -30 -03 jw 1
Continuation of Summary Explanation to Agenda Statement re public safety and
morals, etc., May 6, 2003.
RCW 39.34.180 requires the City of Yakima to pay for the prosecution,
adjudication, sentencing and incarceration of all misdemeanors and gross
misdemeanors that arise within the City of Yakima. In order to avoid paying
Yakima County to prosecute misdemeanor violations arising in the City of
Yakima, a full range of misdemeanor and gross misdemeanor criminal
ordinances must be incorporated into the Yakima Municipal Code. The
proposed amendments conform penalties and charges under the City code to
their State statute counterparts. Adoption of these ordinances will have
budgetary impacts in terms of additional jail costs and processing costs.
However, these costs are the result of unfunded mandates imposed by RCW
39.34.180.
(Ik)agrnda 6 .07 4- 30 -03.jw 2