HomeMy WebLinkAbout1999-027 Public safety and morals ORDINANCE NO. gg_2 f
AN ORDINANCE relating to public safety and morals; changing consumption of liquor in
public to an infraction, prohibiting sales of kegs to minors; amending
Section 6.12.010; enacting as a new section Section 6.12.065; and
repealing Section 6.12.060, all of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY YAKIMA:
Section 1. Section 6.12.010 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"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-misclemeager an infraction, and on
conviction therefore shall be fined not more than wed ninety five dollars total penalty
including all statutory assessments."
Section 2. Section 6.12. 065 of the City of Yakima Municipal Code is hereby enacted
as a new section to read as follows:
"6.12.065 Sales of Kegs to Minors.
Except as provided in 6.12.040, "a person who intentionally furnishes a keg or other
container containing four or more gallons' of malt liquor to a person under the age of twenty -one
is guilty of a gross misdemeanor."
Section 3. Section 6.12.060 I'of the City of Yakima Municipal Code is hereby
repealed.
Section 4. This ordinance shall be in full force and effect 30 days after its passage,
p ssage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this day of
July,1999.
John Puccinelli, Mayor
ATTEST:
City Clerk
Publication-Date:
Effective Date: —
Ik- ardart Oiq in g61Q1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. <773
For Meeting Of July 6, 1999
ITEM TITLE: AN ORDINANCE relating to public safety and morals; changing consumption
of liquor in public to an infraction, prohibiting sales of kegs to minors; amending Section
6.12.010; enacting as a new section Section 6.12.065; and repealing Section 6.12.060, all of
the City of Yakima Municipal Code.
SUBMITTED BY: Kathleen Hitchcock, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Kathleen Hitchcock, 575 - 6030
SUMMARY EXPLANATION: Under RCW 35.22.280 the City must impose the same penalties
as the State for the same crime. Consumption of liquor in public has been a non - jailable
misdemeanor. The State has designated the charge as an infraction, which allows the Court to
find the infraction has been committed regardless of the defendant's appearance. The prohibition
on the sale of kegs to minors mirrors a new state statute. RCW 39.34.180 requires the City of
Yakima to pay for the prosecution, adjudication, sentencing and incarceration of all misdemeanor
and gross misdemeanors which 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.
Repealing Section 6.12.060 of the City of Yakima Municipal Code repeals a violation for
selling liquor to minors, which is covered in another section of law.
All three of these changes should result in minimal fiscal impact for court, prosecution, and
police services.
Resolution Ordinance X Contract _ Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
Cit MManager
STAFF RECOMMENDATION: Pass Ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Ik- ord -inf Iiq in pub-kh