HomeMy WebLinkAbout2001-030 YMC Additions 6.05.075, 6.20.075; Amendments 6.04.235, 6.68.050, 6.20.180, 6.20.120 to Conform to State Law ORDINANCE NO. 2001 — 30
AN ORDINANCE relating to public safety and morals; making malicious mischief
by graffiti, shoplifting, petit larceny and stealing pets gross misdemeanors, and
amending the City's animal cruelty ordinance to conform to state law, and
clarifying the place of occurrence for violations of protective orders; and Enacting
as new sections, sections 6.05.075 and 6.20.175 and amending sections
6.04.235, 6.68.010, 6.68.050, 6.20.180 and 6.20.120; all of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.04.235 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"6.04.235 Malicious Injury to Property
A. A person is guilty of malicious injury to property if he
(1) knowingly and maliciously causes physical damage to the property of
another, public or private, under circumstances not amounting to malicious
mischief in the first or second degree as defined by RCW 9A.48.070 and RCW
9A.48.080g
(2) Writes, paints or draws any inscription, figure, or mark of any type on
any public or private building or other structure or any real or personal property
owned by any other person unless the person has obtained the express
permission of the owner or operator of the property, under circumstances not
amounting to malicious mischief in the first or second degree as defined by RCW
9A.48.070 and RCW 9A.48.080.
B. (1) Malicious mischief injury to property is a gross misdemeanor if
the damage to the property is in an amount exceeding fifty dollars, otherwise it is
a misdemeanor.
(2) Malicious injury to property under subsection A (2) of this section is a
gross misdemeanor."
Section 2. Section 6.05.075 of the City of Yakima Municipal Code is
hereby enacted as a new section to read as follows:
"6.05.075 Place where committed.
Any violation of a protective order committed as set forth in this chapter
may be deemed to have been committed where the contact occurred or where
the contact was initiated. from."
(O rr in&(
re cre -(-e.d 9 /9/ g .
JBWJjbw ord. MIProp. - 1 —
06/13/01
Section 3. Section 6.68.010 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"6.68.010 Shoplifting.
�4-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
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.
B. Shoplifting goods, wares or merchandise in an amount from zero dollars to
fifty dollars inclusive is a misdemeanor.
G Shoplifting _ - - - , - - _ -- - - - - - - - - • et . -
onc cent to two hundred fifty dollars inclusive is a gross misdemeanor."
Section 4. Section 6.68.050 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"6.68.050 Petty larceny.
A. 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 or aid 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 offender, or a person authorized by agreement or by
competent authority to take or hold such possession, custody, 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 two hundred fifty dollars or Tess,
steals the same and shall be guilty of petty larceny, and is hereby declared a
disorderly person.
B. Petty larceny is a gross misdemeanor."
JBW /jbw ord. MIProp. - 2 —
06/13/01
Section 5. Section 6.20.180 of the City of Yakima Municipal Code is
amended to read as follows:
"6.20.180 Civil infractions.
A. The following are declared to be subject to a monetary penalty as .civil
infractions and the monetary penalty is in addition to or an alternative to any
other penalty provided in this chapter.
1. A violation of the following sections and subsections of the eCity of
Yakima Municipal Code: 6.20.040, 6.20.050, 6.20.060, 6.20.070, 6.20.180D;
2. A violation of Section 6.20.120010 of the eCity of Yakima Municipal Code;
3. A violation of Section 6.20.910 of the city of Yakima Mt icipal Codc.
B. Whenever a eCity of Yakima animal control officer or law enforcement
officer has reasonable grounds to believe that there is a violation of any of the
aforementioned sections and subsections of this title, the officer is authorized to
assess a penalty in the amount authorized in subsection C of this section and to
issue to the violator a notice of civil infraction.
C. Civil infraction penalties shall be assessed according to the following
schedule:
Violation of Section or Penalty
Subsection of City of Yakima
Municipal Code
_ _ e 7-9 00
1 6.20.010A LEASH LAW $ 70.00
6.20.010C LEASH LAW
(Potentially
Dangerous /Dang
erous
Dogs) $110.00
6.20.040 HOWLING /BARK
ING
DOGS . $145.00
6.20.050 DAMAGE BY $110.00
DOGS
JBW /jbw ord. MIProp. - 3 —
06/13/01
6.20.060 MENACING $145.00
DOGS
6.20.070 NAUSEOUS
KEEPING
OF DOGS $110.00
6.20.180(D) POSSESSION
OF
DANGEROUS/
POTENTIALLY
DANGEROUS
DOGS
1st Incident $ 70.00
2nd Incident $170.00
3rd Incident$270.00
D. It is a civil infraction to own or possess a dog which, upon investigation,
the city of Yakima animal control officer determines (1) to be either a potentially
dangerous dog or a dangerous dog and (2) to have inflicted a bite on a human or
domestic animal or to have engaged in any other activity characterizing a
potentially dangerous dog or a dangerous dog pursuant to Section 6.20.160A of
this chapter, which activity is referred to herein as an "incident."
E. Any animal kept, housed or maintained in a household comprised of
adults and minors shall be presumed to be in the ownership or possession of the
adult(s) having control of the premises of that household.
F. (1) A person who is to receive a notice of civil infraction under this section
is required to identify himself or herself to the animal control officer or law
enforcement officer by giving his or her name, address, and date of birth. Upon
the request of the officer, the person shall produce reasonable identification,
including a driver's license or identicard.
(2) A person who is unable or unwilling to reasonably identify himself or herself to
an enforcement officer may be detained for a period of time not longer than is
reasonably necessary to identify the person for purposes of issuing a civil
infraction.
G. (1) A person who fails to sign a notice of civil infraction is guilty of a
misdemeanor.
JBW /jbw ord. MIProp. - 4 —
06/13/01
(2) Any person willfully violating his or her written and signed promise to appear
in court or his or her written and signed promise to respond to a notice of civil
infraction is guilty of a misdemeanor regardless of the disposition of the notice of
civil infraction: Provided, that a written promise to appear in court or a written
promise to respond to a notice of civil infraction may be complied with by an
appearance by counsel."
Section 6. Section 6.20.120 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"6.20.120 Animals Cruelty
A. It is unlawful for any person to willfully arm tfnrcaaconably strike, beat or
be driven when overloaded, or tick or lame or crippled, er with yoke or harne:
that chafes or galls it, or with check rein or any part of its yoke or harness too
life by depriving it of or Reglcctlag to provide it with covering, food, water, air,
light, medical attentiea of space faiFIy stifficier}t for its needs and comfort, and
every police officer and animal control officer of this city shall have authority, and
dt is their duty, summarily to relieve any animal which is suffering from violence,
all cases which can be readily and summarily relieved by the officer.
A. A person is guilty of animal cruelty if, under circumstances not amounting
to a violation of RCW 16.52.205, the person knowingly, recklessly, or with
criminal negligence inflicts unnecessary suffering or pain upon any animal.
B. An owner of an animal is guilty of animal cruelty if, under circumstances
not amounting to a violation of RCW 16.52.205, the owner knowingly, recklessly,
or with criminal negligence:
1. Fails to provide the animal with necessary food, water, shelter, rest,
sanitation, ventilation, space, or medical attention and the animal suffers
unnecessary or unjustifiable physical pain as a result of the failure; or
2 Abandons the animal.
C Animal cruelty is a misdemeanor.
D In any prosecution of animal cruelty, it shall be an affirmative defense, if
established by the defendant by a preponderance of the evidence, that the
defendant's failure was due to economic distress beyond the defendant's
control."
JBW /jbw ord. MIProp. - 5 —
06/ 13/01
Section 7. Section 6.20.175 of the City of Yakima Municipal Code is
hereby enacted as a new section to read as follows:
"6.20.175 Pet animals -- Taking, concealing, injuring, killing, etc.- -
Penalty.
A, Any person who, with intent to deprive or defraud the owner thereof, does
any of the following shall be guilty of a.gross misdemeanor and shall be punished
as prescribed under YMC 6.02.050 (B) and by a mandatory fine of not less than
five hundred dollars per pet animal except as provided by (d) of this subsection:
1. Takes, leads away, confines, secretes or converts any pet animal, except
in cases in which the value of the pet animal exceeds two hundred fifty dollars;
2. Conceals the identity of any pet animal or its owner by obscuring, altering,
or removing from the pet animal any collar, tag, license, tattoo, or other
identifying device or mark.
3. Willfully or recklessly kills or injures any pet animal, unless excused by
law.
4. Nothing in this subsection shall prohibit a person from also being
convicted of separate offenses under RCW 9A.56.030, 9A.56.040, 9A.56.050, or
equivalent local ordinance for theft or under RCW 9A.56.150, 9A.56.160,
9A.56.170, or equivalent local ordinance for possession of stolen property.
B. The sale, receipt, or transfer of each individual pet animal in violation of
this ordinance constitutes a separate offense.
C. The provisions of this ordinance shall not apply to the lawful acts of any
employee, agent, or director of any humane society, animal control agency, or
animal shelter operated by or on behalf of any government agency, operating
under law."
Section 8. 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
9 Day of aline_ , 2001.
ATTEST: Mary Place, Mayor
CITY CLERK
Publication Date: 6 - Z3 - 2.004
Effective Date: 7 - 2_ ti - 2
JBW'jbw ord. MIProp. - 6 —
06/13/01