HomeMy WebLinkAbout2022-001 Ordinance amending and/or repealing certain sections of City of Yakima Municipal Code Chapter 5.49, Chapter 6.45, Chapter 6.47, Chapter 6.68, and Chapter 6.75 for the purpose of removal of archaic statutory language, removal of duplicative statutAN ORDINANCE
ORDINANCE NO. 2022-001
amending the City of Yakima Municipal Code Chapter 5.49, Chapter 6.45,
Chapter 6.47, Chapter 6.68, and Chapter 6.75 for the purpose of removal
of archaic statutory language, removal of duplicative statutes, and/or
updating statutes.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following section of Chapter 6.45 of the City of Yakima Municipal Code
is hereby repealed:
6.45.025 Unlawful bus conduct —Harassment —Penalties.
Section 2. The following section, 6.47.040, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.47.040 Trespass at night to eavesdrop or observe.
A. It is unlawful for any person to during the nighttime go upon the land of
another and near any residence located upon said land without invitation and
without lawful reasons therefor, or to approach at any time the dwelling,
residence or apartment of another for the purpose of or with the intent to spy,
eavesdrop or observe the interior or persons within any such dwelling or
residence.
B. A violation of this section is a misdemeanor.
Section 3. The following section, 6.47.050, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.47.050 Refusal to leave premises of another.
A. It is unlawful for any person to refuse to leave the premises occupied by
another person or their agent, after being ordered to leave the premises by the
legal occupant thereof.
B. A violation of this section is a misdemeanor.
Section 4. The following section, 6.68.140, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.68.140 Unlawful possession of tools and devices.
A. It is unlawful for any person to make or mend, or cause to be made or
mended, or have in his possession, in the day or nighttime, any engine, tool,
machine, device or implement, adapted, designed or commonly used to trip,
cheat, defraud or operate without the use of money, vending machines, pinball
machines or other coin -operated machines, under circumstances evidencing an
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intent to use or employ, or allow the same to be used or employed, in such
operation, or knowing that the same is intended to be so used. The possession
thereof except by a mechanic, artificer or tradesman, at and in his established
shop or place of business, open to public view, shall be prima facie evidence that
such possession was had with intent to use or employ or allow the same to be
used or employed in the tripping, cheating, defrauding or operating such coin -
operated devices without the use of money or coins.
B. A violation of this section is a misdemeanor.
Section 5. The following section, 6.75.025, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.75.025 Receipt of items from the occupant of a motor vehicle at certain
intersections prohibited.
A. The purpose of this section is to promote the city's fundamental interest in
public health and safety, by regulating conduct that occurs at high accident
and/or high volume intersections and to provide for the free flow of motor vehicle
traffic on roadways in the city. The city council finds that the intersections listed in
subsection D of this section are high accident and/or high traffic volume
intersections and to receive any item from the occupant of a motor vehicle upon
a roadway within these intersections presents a threat to public safety and the
free and safe flow of motor vehicle traffic.
B. For purposes of this section, the following definitions apply:
1. "Item" means any physical object.
2. "Permitted parking area" means an area in which parking a vehicle is
authorized.
3. "Receive" means to acquire or collect any item from the occupant of a
motor vehicle that is located in the roadway.
4. "Roadway" means that portion of the road designed or ordinarily used
for vehicular travel within the city. This definition excludes private roads and
private property. This definition also excludes areas where parking is
permitted in the city.
C. It shall be unlawful to violate any prohibitions set forth below within the areas
listed in subsection D of this section:
1. No person shall receive any item from an occupant of any motor
vehicle when the vehicle is located in the roadway.
2. This section shall not apply to the receipt of any item with the occupant
of a motor vehicle on private property or in a permitted parking area.
3. This section shall not apply to any law enforcement officer acting within
the scope of his or her official duty.
4. This section shall not apply to the receipt or exchange of any item with
the occupant of a motor vehicle located in the roadway in order to assist the
occupant after a motor vehicle accident, with a disabled motor vehicle, or
where the occupant is experiencing a medical emergency.
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D. Conduct described in subsection (C)(1) of this section is prohibited within
two hundred fifty feet of the following high accident and/or high volume
intersections:
a. South 1st Street and Washington Avenue.
b. South 1st Street and Nob Hill Boulevard.
c. South 1st Street and Walnut Street.
d. South 1st Street and Mead Avenue.
e. South 1st Street and West Yakima Avenue.
f. South 40th Avenue and West Nob Hill Boulevard.
g. South 40th Avenue and Tieton Drive.
h. South 40th Avenue and Summitview Avenue.
i. South 16th Avenue and Tieton Drive.
j. South 16th Avenue and West Nob Hill Boulevard.
k. South 16th Avenue and West Washington Avenue.
I. North 40th Avenue and Fruitvale Boulevard.
m. North 40th Avenue and West Lincoln Avenue.
n. North 40th Avenue and River Road/Powerhouse Road.
o. North 40th Avenue and Englewood.
p. South 3rd Avenue and West Nob Hill Boulevard.
q. South 3rd Avenue and East Walnut Street.
r. South Fair Avenue and East Nob Hill Boulevard.
s. South 18th Street and East Nob Hill Boulevard.
t. North 16th Avenue and West Lincoln Avenue.
u. North 16th Avenue and Summitview Avenue.
v. North 16th Avenue and Fruitvale Boulevard.
w. North 16th Avenue and West Yakima Avenue.
x. Front Street and Yakima Avenue.
y. South 64th Ave and Nob Hill Boulevard.
z. North 1st Street and East I Street.
E. The legal department shall review updated high accident and high volume
traffic studies every three years and shall report to the City Manager or his/her
designee on any statistical changes.
Section 6. The following section, 5.49.080, of the City of Yakima Municipal Code is
hereby amended to read as follows:
5.49.080 Unlawful acts —Penalty.
A. Any person who knowingly fails or refuses to comply with any provisions of
this chapter or with any rule or regulation promulgated by the director of finance
and budget, or supplies false or fraudulent information in required declarations or
statements, or aids and abets any violation of this chapter, is guilty of a
misdemeanor and upon conviction shall be punished in accordance with YMC
5.01.010.
B. The failure to accurately remit amounts due and payable within the time
prescribed by subsection B of YMC 5.49.040 shall be deemed both a criminal
and civil violation of this chapter. Any fine imposed under this section shall be in
addition to the taxes and penalties required by this chapter.
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C. Any officer, director or manager of any organization conducting any
gambling activity taxed by this chapter shall be jointly and severally liable for the
payment of any tax, penalty or fine imposed hereunder.
D. The following statutes, codified in the Revised Code of Washington, and
their successors are adopted by reference:
RCW 9.46.170 False or misleading entries or statements, refusal to
produce records, as violations —Penalty.
RCW 9.46.190 Violations relating to fraud or deceit —Penalty.
RCW 9.46.195 Obstruction of public servant in administration or
enforcement as violation —Penalty.
RCW 9.46.196 Cheating —Defined.
RCW 9.46.1962 Cheating in the second degree.
RCW 9.46.198 Working in gambling activity without license as violation —
Penalty.
RCW 9.46.200 Action for money damages due to violations —Interest —
Attorneys' fees —Evidence for exoneration.
Subsections (1), (2), (3) and (5) only of RCW 9.46.230 Seizure and
disposition of gambling devices —Owning, buying, selling, etc., gambling
devices or records —Penalties.
RCW 9.46.240 Gambling information, transmitting or receiving as
violation —Penalty.
Section 7. 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 18th day of January, 2022.
ATTEST:
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Sonya`Claar Tee, City Clerk
Publication Date: January 21, 2022
Effective Date: February 20, 2022
Janice Deccio, Mayor
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.E.
For Meeting of: January 18, 2022
ITEM TITLE: Ordinance amending and/or repealing certain sections of City of
Yakima Municipal Code Chapter 5.49, Chapter 6.45, Chapter 6.47,
Chapter 6.68, and Chapter 6.75 for the purpose of removal of
archaic statutory language, removal of duplicative statutes, and/or
updating statutes
SUBMITTED BY: Jeffrey Schaap, Senior Assistant City Attorney
SUMMARY EXPLANATION:
This proposed ordinance essentially makes minor changes to certain chapters pertaining to
public safety in Title 5 and Title 6. The ordinance pertaining to Unlawful Bus Conduct is repealed
because the state RCW for Unlawful Transit Conduct was previously adopted in Chapter 7.90.
The archaic statutory language referencing a "disorderly person" is removed from several
sections in Title 6. Ordinances in the YMC specify crimes as misdemeanors and gross
misdemeanors and the "disorderly person" language is unnecessary. YMC 6.75.025 is amended
to remove references to the Public Safety Committee, which was eliminated by previous council
action. The "City Manager or his/her designee," replaces the Public Safety Committee as the
person to report any statistical changes regarding high volume/high accident intersections for the
purposes of YMC 6.75.025 "Receipt of items from the occupant of a motor vehicle at certain
intersections prohibited." Finally, YMC 5.49.080 is amended to reflect changes to the RCW for
"Cheating."
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance
ATTACHMENTS:
Description Upload Date Type
Ordina, ice - YMC 0.49, 6.45, 6.47, 6.68, and 6.75
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D redline 1/5/2022 Ordinance
Ordinance - YMC 5.49, 6.45, 6.47, 6.68, and 6.75 1/5/2022 Ordinance
changes accepted