HomeMy WebLinkAbout1998-032 Safety & Morals ORDINANCE NO. 98- 32
AN ORDINANCE relating to public safety and morals; amending the City of
Yakima Criminal Code to prohibit Unlawful Harboring of a Minor and
computer trespass, prohibiting as infractions selling or giving drug
paraphernalia and purchasing or obtaining tobacco by person under eighteen,
increasing the penalties for furnishing alcohol to minors and being a minor in
possession of alcohol, making clerical corrections and enacting new sections
6.04.100, 6.08.025, 6.12.160 and 6.47.060; amending titles of chapter 6.12
and 6.48; recodifying section 6.04.450 as section 6.48.050; amending and
recodifying section 6.04.172; amending sections 6.12.040, 6.45.070 and
6.68.010; and repealing sections 6.12.080, 6.28.010, 6.28.060 and 6.45.110,
all of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.04.100 of the City of Yakima Municipal Code is
hereby added as a new section, to read as follows:
"6.04.100 Unlawful Harboring of a Minor.
A. A person commits the crime of unlawful harboring of a minor if the
person provides shelter to a minor without the consent of a parent or the
minor and after the person knows that the minor is away from the home of the
parent, without the parent's permission, and if the person intentionally:
1. Fails to release the minor to a law enforcement officer after
being requested to do so by the officer; or
2. Fails to disclose the location of the minor to a law enforcement
officer after being requested to do so by the officer, if the person
knows the location of the minor and had either taken the minor to
that location or had assisted the minor in reaching that location; or
3. Obstructs a law enforcement officer from taking the minor into
custody; or
4. Assists the minor in avoiding or attempting to avoid the custody
of the custody of the law enforcement officer.
B. It is a defense to a prosecution under this section that the
defendant had custody of the minor pursuant to a court order.
C. Harboring a minor is punishable as a gross misdemeanor.
D. Any person who provides shelter to a child, absent from home,
may notify the department's local community service office of the child's
presence.
Section 2. Section 6.08.025 of the City of Yakima Municipal Code is
hereby added as a new section to read as follows:
" 6.08.025 Drug Paraphernalia— Infraction.
A. Every person who sells or gives, or permits to be sold or given to
any person any drug paraphernalia in any form commits a class I
civil infraction under chapter 7.80 RCW. For purposes of this
subsection, " drug paraphernalia" means all equipment, products,
and materials of any kind which are used, intended for use, or
designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance.
Drug paraphernalia includes, but is not limited to objects used,
intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing marihuana, cocaine, hashish, or hashish oil
into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish
heads, or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips: Meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or
too short to be held in the hand;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10.Air- driven pipes;
11. Chillums;
12.Bongs; and
13.Ice pipes or chillers.
B. It shall be no defense to a prosecution for a violation of this section
that the person acted, or was believed by the defendant to act, as
agent or representative of another.
C. Nothing in this section prohibits legal distribution of injection
syringe equipment through public health and community based
HIV prevention programs."
Section 3. The title to chapter 6.12 of the City of Yakima Municipal
Code is hereby amended to read as follows:
" 6.12 Alcohol and Tobacco Violations."
Section 4. Section 6.04.172 of the City of Yakima Municipal Code is
hereby amended and recodified as section 6.12.172 to read as follows:
"6.12. 172 Selling Cigarettes to Minors.
A. 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.
B. 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 providence of Canada,
driver's license, instruction permit, or identification card of a state or
providence 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 5. Section 6.12.160 of the City of Yakima Municipal Code .is
hereby added as a new section to read as follows:
" 6.12.160 Purchasing or Obtaining Tobacco by Persons Under the Age of
Eighteen —Civil Infraction.
A. A person under the age of eighteen who purchases or attempts to
purchase, possesses, or obtains or attempts to obtain cigarettes or
tobacco products commits a class 3 civil infraction under chapter
7.80 RCW and is subject to a fine as set out in chapter 7.80 or
participation in up to four hours of community service, or both.
The court may also require participation in a smoking cessation
program. This provision does not apply if a person under the age
of eighteen, with parental authorization, is participating in a
controlled purchase as part of a liquor control board, law
enforcement, or local health department activity.
B. The Yakima Municipal Court has jurisdiction for enforcement of
this section pursuant to RCW 70.155.080."
Section 6. Section 6.12.040 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"6.12.040 Furnishing Liquor to Minors -Minor Possess /Consume Alcohol.
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
watercraft. A violation of this subsection is a gross misdemeanor.
B. (1) It is unlawful for any person under the age of 21 years to possess,
consume, or otherwise acquire any liquor. A violation of this subsection is a
gross misdemeanor.
(2) It is unlawful for a person under the age of 21 years to be in a
public place, or to be in a motor vehicle in any public place, while exhibiting
the effects of having consumed liquor. For purposes of this subsection,
exhibiting the effects 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,
mariner, appearance, behavior, lack of coordination, or otherwise, exhibits
that he or she is under the influence of liquor. This subsection B(2) 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 of 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 consumed in 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."
Section 7. Section 6.12.080 of the City of Yakima Municipal Code is
hereby repealed.
Section 8. Section 6.28.010 of the City of Yakima Municipal Code is
hereby repealed.
Section 9. Section 6.28.060 of the City of Yakima Municipal Code is
hereby repealed.
Section 10. Section 6.04.450, False Alarm of Fire, of the City of
Yakima Municipal Code is hereby recodified as section 6.48.050.
Section 11. The title to chapter 6.48 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"False Police Reports Obstruct Public Officer & False Reporting"
Section 12. Section 6.45.070 of the City of Yakima Municipal Code
is hereby amended to read as follows:
" 6.45.070 Willful Violation of Restraining Order.
A. Whenever a restraining order is issued under RCW Chapters
26.09, 26.10, or 26.26, 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."
Section 13. Section 6.45.110 of the City of Yakima Municipal Code
is hereby repealed.
Section 14. Section 6.47.060 of the City of Yakima Municipal Code
is hereby added as a new section to read as follows:
" 6.47.060 Computer Trespass— Second Degree.
A. A person is guilty of computer trespass in the second degree if the
person, without authorization, intentionally gains access to a
computer system or electronic database of another under
circumstances not constituting the offense in the first degree.
B. Computer trespass in the second degree is a gross misdemeanor."
Section 15. Section 6.68.010 of the City of Yakima Municipal Code
is hereby amended to read as follows:
" 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 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 $0 to
$50 inclusive is a misdemeanor.
C. Shoplifting goods, wares or merchandise in an amount from $51
$50.01 to $250 inclusive is a gross misdemeanor."
Section 16. 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
4th day of August, 1998.
John uccinelli, Mayor
ATTEST:
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CITY CLERK
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Publication Date: 8-7-98
Effective Date: 9 -6-98
BUSINESS OF THE CITY COUNCIL
Y AKIMA, WASHINGTON
AGENDA STATEMENT
Item No. .23
For Meeting Of 8/4/98
ITEM TIT]LE: AN ORDINANCE relating to public safety and morals;
amending the City of Yakima Criminal Code to prohibit unlawful harboring
of a minor and computer trespass, prohibiting as infractions selling or giving
drug paraphernalia and purchasing or obtaining tobacco by person under
eighteen, increasing the penalties for furnishing alcohol to minors and being
a minor in possession of alcohol, making clerical corrections and enacting
new sections 6.04.100, 6.08.025, 6.12.160 and 6.47.060; amending titles of
chapter 6.12 and 6.48; recodifying section 6.04.450 as section 6.48.050;
amending and recodifying section 6.04.172; amending sections 6.12.040,
6.45.070 and 6.68.010; and repealing sections 6.12.080, 6.28.010, 6.28.060
and 6.45.110, all of the City of Yakima Municipal Code.
SUBMITTED BY: Scott Brumback, Assistant City Attorney.
CONTACT PERSON: Scott Brumback, Assistant City Attorney, 575 -6033
SUMMARY EXPLANATION: See page two.
Resolution Ordinance x Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pass ordinance
BOARD /COMMISSION RECOMMENDATION: Recommended by the
Council Public Safety Committee
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 98-32
SUMMARY EXPLANATION (cont.): The proposed ordinances update
the City of Yakima Criminal Code to conform to recent amendments to State
of Washington's criminal statutes. State law mandates that cities have
penalties for violations of their criminal ordinances which are the same as
penalties found in the state code for the same offenses. Cities also may not
repeal ordinances without paying the county to enforce them,' and must pay
for the prosecution, adjudication, sentencing and incarceration of all
misdemeanors and gross misdemeanors occurring within said city.' As a
result, the City of Yakima must either pay Yakima County to enforce
misdemeanor and gross misdemeanor criminal law violations or adopt
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ordinances which permit the City of Yakima to prosecute these crimes.
Consistent with previous council policy decisions to enforce ordinances
internally rather than pay the county, the Legal Department presents the
enclosed ordinances for adoption.
The proposed changes enact, amend or repeal Yakima Municipal Code
sections regarding unlawful harboring of a minor, furnishing liquor to
minors, false alarm of fire, obstruct public officer and false reporting,
restraining order violations, voyeurism, computer trespass, and shoplifting.
State law does not require cities prosecute the infractions "minor purchasing
or possessing tobacco" and " drug paraphernalia," and adoption of these
infractions is a council policy issue. Once state - mandated assessments are
factored in, the maximum penalties for "minor purchasing or possessing
tobacco" and " drug paraphernalia" is $100 and $475, respectively.
Additionally, the proposed legislation makes clerical amendments and
repeals two criminal ordinances. The State followed the City of Yakima's
lead and enacted as a felony the crime of voyeurism, thus requiring the
repeal of the peeping ordinance enacted last year. The prohibition against
insulting or abusing teachers is repealed as violative of Washington
Constitution Art. 1, Section 5, protecting free speech. The new sections are
unfunded mandates and will have a negative financial impact on the City.
The Council should anticipate additional costs associated with investigation,
prosecution, adjudication, sentencing and incarceration. The fines generated
by the infractions will likely cover enforcement costs of the infractions.
1 RCW 35.22.280(35).
Z RCW 35.22.425.
RCW 35.34.180.
4 State v. Reyes 104 Wn. 2d 35, 700 P.2d 1155 (1985).
MEMORANDUM
July 24, 1998
TO: Dick Zais, Yakima City Manager.
FROM: Don Blesio, Police Chief, City of Yakima.
Scott Brumback, Assistant City Attorney.
SUBJ: Criminal Ordinance Revisions
Attached are proposed ordinance revisions. The revisions are proposed in order to:
1) incorporate into the Yakima Municipal Code changes in state law, 2) incorporate into the
Yakima Municipal Code new state law infractions, 3) combine alcohol- and tobacco - related
crimes into one Yakima Municipal Code chapter, 4) make minor format changes to existing
Yakima Municipal Code sections, 5) repeal a duplicate section existing in chapter 6.12, 6)
repeal YMC section 6.28.010 to conform to case law, 7) repeal 6.28.060 since it is not a
criminal offense, 8) move False Alarm of Fire to YMC chapter 6.48, Obstruct Public Officer &
False Reporting, 9) incorporate the full range of protection order violations the City of
Yakima may prosecute, 10) repeal Yakima's peeping ordinance since it is now a felony under
state law, and 11) redefine the gross misdemeanor portion of Yakima's Shoplifting
ordinance.
The Yakima Police Department concurs with the above - recited proposed revisions to
the Yakima Municipal Code and is of the opinion no significant impact will result from the
implementation of the proposed revisions.
1 Unlawful Harboring of a Minor (6.04.100) and Computer Trespass Second Degree (6.47.060).
2 Drug Paraphernalia (6.08.025) and Minor Purchase Tobacco (6.12.160).
3 Leaving Children Unattended in Automobile (6.12.080).
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