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Home My WebLink About06/21/2016 06I Criminal Trespass Crimes; YMC Repealing Sections of Chapter 6.47BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.1. For Meeting of: June 21, 2016 ITEM TITLE: Ordinance amending the Municipal Code, repealing certain sections of Trespass Crimes, Chapter 6.47, for the purpose of adopting the equivalent and /or similar Revised Code of Washington statutes SUBMITTED BY: Brooke Goosman, Assistant City Attorney SUMMARY EXPLANATION: The City Municipal Code Chapter 6.47, Trespass crimes, currently consists of a City code, Trespass in the Second Degree, that makes it illegal to enter or remain in or upon the premises of another. The City code is missing the element "unlawfully." Currently the City code prohibits lawful conduct. The Revised Code of Washington for Criminal Trespass in the Second Degree includes the "unlawfully" element. If the City code for Trespass in the Second Degree is being repealed and replaced by the RCW, it follows that the code for Trespass in the First Degree should be repealed and replaced as well. This Ordinance would repeal two of the City codes and replace them with the equivalent Revised Code of Washington statutes. State statutes can be beneficial in that case law provides guidance on issues of statutory interpretation and State statutes allow for the use of standard pattern jury instructions. The use of State statutes in this instance will provide greater certainty and uniformity. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Pass the Ordinance. BOARD/COMMITTEE RECOMMENDATION: The Council Public Safety Committee met on May 26, 2016 and reviewed the proposed changes. The Committee recommends Council approve the ordinance. ATTACHMENTS: Description Upload Date Type D Ordinance-Trespass Grimes, Ch, 6,47 5/2712016 Ordinance D Ordinance-Trespass Crimes, Ch, 6,47-redline 5/27/2016 Ordinance ORDINANCE NO. 2016- AN ORDINANCE relating to Public Safety and Morals; amending the City of Yakima Municipal Code, repealing certain sections of Trespass Crimes, Chapter 6.47, for the purpose of adopting the equivalent and /or similar Revised Code of Washington statutes: Criminal Trespass in the First Degree and Criminal Trespass in the Second Degree. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following sections of Chapter 6.47 of the City of Yakima Municipal Code are hereby repealed: Sections: Chapter 6.47 6.47.030 Trespassing on roofs. 6.47.040 Trespass at night to eavesdrop or observe. 6.47.050 Refusal to leave premises of another. 6.47.060 Computer trespass— Second degree. 6.47.030 Trespassing on roofs. A. It is unlawful for any person to go onto the roof or top of any building, cornice, roof or wall thereof, without the consent of the owner or person entitled to possession of the building. B. It is unlawful for any person to sit, stand on or lean against the cornice or exterior of any building from the roof of the building, when such cornice, wall or roof faces toward any public street or alley of the city of Yakima. C. Any violation of this section is a misdemeanor. (Ord. 98 -3 § 32, 1998) 6.47.040 Trespass at night to eavesdrop or observe. A. Any person who, during the nighttime goes upon the land of another and near any residence located upon said land without invitation and without lawful reasons therefor, or who approaches 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, is declared to be a disorderly person. B. A violation of this section is a misdemeanor. (Ord. 98 -3 § 33, 1998: Ord. B -218, 1937: Ord. A -236 § 1(60 -C), 1917). 6.47.050 Refusal to leave premises of another. A. Any person who refuses to leave the premises occupied by another person or their agent, after being ordered to leave the premises by the legal occupant thereof, is declared to be a disorderly person. B. Refusal to leave premises of another is a misdemeanor. (Ord. 98 -3 § 34, 1998: Ord. 13- 1238, 1951: Ord. A -236 § 1(62), 1917). 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. (Ord. 98 -32 § 14, 1998). Section 2. A new section, 6.47.070, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.47.070 Statutes adopted. The following Revised Code of Washington (RCW) sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9A.52.070 Criminal Trespass in the First Degree RCW 9A.52.080 Criminal Trespass in the Second Degree Section 3. 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 21St day of June, 2016. ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: 2 Avina Gutierrez, Mayor ORDINANCE NO. 2016- AN ORDINANCE relating to Public Safety and Morals; amending the City of Yakima Municipal Code, repealing certain sections of Trespass Crimes, Chapter 6.47, for the purpose of adopting the equivalent and /or similar Revised Code of Washington statutes: Criminal Trespass in the First Degree and Criminal Trespass in the Second Degree. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following sections of Chapter 6.47 of the City of Yakima Municipal Code are hereby repealed: Sections: Chapter 6.47 TRESPASS CRIMES te4 r7 4) -1rn spa vs the fir Gt d egr ee. 6.47 Q 2 9 T-Fespass tr;Pses ^v.Ad-aegTee. 6.47.030 Trespassing on roofs. 6.47.040 Trespass at night to eavesdrop or observe. 6.47.050 Refusal to leave premises of another. 6.47.060 Computer trespass— Second degree. 6.47.030 Trespassinq on roofs. A. It is unlawful for any person to go onto the roof or top of any building, cornice, roof or wall thereof, without the consent of the owner or person entitled to possession of the building. B. It is unlawful for any person to sit, stand on or lean against the cornice or exterior of any building from the roof of the building, when such cornice, wall or roof faces toward any public street or alley of the city of Yakima. C. Any violation of this section is a misdemeanor. (Ord. 98 -3 § 32, 1998). 6.47.040 Trespass at niqht to eavesdrop or observe. A. Any person who, during the nighttime goes upon the land of another and near any residence located upon said land without invitation and without lawful reasons therefor, or who approaches 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, is declared to be a disorderly person. B. A violation of this section is a misdemeanor. (Ord. 98 -3 § 33, 1998: Ord. B -218, 1937: Ord A -236 § 1(60 -C), 1917) 6.47.050 Refusal to leave premises of another. ........................................................................................................................................................................................................................................................................................................ ............................... A. Any person who refuses to leave the premises occupied by another person or their agent, after being ordered to leave the premises by the legal occupant thereof, is declared to be a disorderly person. B. Refusal to leave premises of another is a misdemeanor. (Ord. 98 -3 § 34, 1998: Ord. 13- 1238, 1951: Ord. A -236 § 1(62), 1917). 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. (Ord. 98 -32 § 14, 1998). 2 Section 2. A new section, 6.47.070, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.47.070 Statutes adopted. The following Revised Code of Washington (RCW) sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9A.52.070 Criminal Trespass in the First Degree RCW 9A.52.080 Criminal Trespass in the Second Degree Section 3. 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 21St day of June, 2016. ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: Avina Gutierrez, Mayor