HomeMy WebLinkAbout07/05/2011 21 YMC Chapter 6.48 Amendment 0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 21
For Meeting of July 5 2011
ITEM TITLE: An ordinance relating to Public Safety; amending the City of Yakima Municipal
Code, repealing certain sections of Chapter 6.48 and a certain section of Chapter
6.04 for the purpose of adopting the equivalent and /or similar Revised .Code of
Washington statutes: obstructing a law enforcement officer, resisting arrest,
escape in the third degree, making a false or misleading statement to a public
servant, and false reporting; re- codifying and amending Section 6.04.325;
adopting Revised Code of Washington statute relating to refusing to . summon aid
for a peace officer; and changing the title of Chapter 6.48 to reflect the new
contents.
SUBMITTED BY: Jeffrey Schaap, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeffrey Schaap: 509 - 575 -6033
SUMMARY EXPLANATION: The City Municipal Code Chapter 6.48, Obstruct Public Officer
and False Reporting, currently consists of City codes primarily relating obstructing police and
0 public officials and making false statements and reports to public officials. Chapter 6.04, Penal
Code, contains a section relating to prisoner escape and a section relating to introducing
contraband into the jail. The Revised Code of Washington has equivalent statutes. This
ordinance would repeal some of the City codes and replace them with the more specific
equivalent Revised Code of Washington statutes and group theses related statues together
under Chapter 6.48 of the Municipal Code. Section 6.04.325, relating to introducing contraband
into the jail, would be recodified as 6.48.070 so that it is grouped with other like codes.
Additionally, the ordinance adopts the Revised Code of Washington 9A.76.030, Refusing to
Summon Aid for a Peace Officer. continued on page 2
Resolution Ordinance X Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source _
APPROVED FOR SUBMITTAL: 'G-��� - 4 City Manager
STAFF RECOMMENDATION: Pass Ordinance.
BOARD /COMMISSION RECOMMENDATION: The Yakima City Council Public Safety
Committee is forwarding the attached ordinance to the full council for consideration. The
Committee was unanimously in favor of the proposed ordinance.
0 COUNCIL ACTION:
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These changes are part of an ongoing process to prepare for the implementation of the new
prosecutor case management system. Additionally, 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. Lastly, to reflect the broader purpose of Chapter 6.48 the
Chapter is renamed "Offenses Against Governmental Order."
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ORDINANCE NO. 2011-
•
AN ORDINANCE relating to Public Safety; amending the City of Yakima Municipal
Code, repealing certain sections of Chapter 6.48 and a certain
section of Chapter 6.04 for, the purpose of adopting the equivalent
and /or similar. Revised Code of Washington statutes: obstructing
a law enforcement officer, resisting arrest, escape in the third
degree, making a false or misleading statement to a public
servant, and false reporting; re- codifying and amending Section
6.04.325; adopting Revised Code of Washington statute relating
to refusing to summon aid for a peace officer; and changing the
title of Chapter 6.48 to reflect the new contents.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Title of Chapter 6.48 of the Yakima Municipal Code is hereby
amended to read as follows:
"e e - - " - - - e - - - - - - - - - Offenses Against
Governmental Order."
Section 2. The following sections of Chapter 6.04 of the City of Yakima
Municipal Code are hereby repealed:
6.01.327 Eecapc.
• Section 3. The following sections of Chapter 6.48 of the City of Yakima
Municipal Code are hereby repealed:
6448.010 - - - - -- - - -- e - - - .
6.'18.02
648,030 != -- - - - - -- -
648.059 Falco alarm of fire.
Section 4. A new section, 6.48.015, of the City of Yakima Municipal Code is
hereby adopted to read as follows:
6.48.015 Statues 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.76.010 Definitions.
RCW 9A.76.020 Obstructing a law enforcement officer.
RCW 9A.76.030 Refusing to summon aid for a peace officer.
RCW 9A.76.040 Resisting arrest.
RCW 9A.76.130 Escape in the third degree.
RCW 9A.76.175 Making a false or misleading statement to a public
servant.
RCW 9A.84.040 False reporting.
Section 5. The following section, 6.04.325, of the City of Yakima Municipal
Code is hereby recodified as section 6.48.070, and amended to read as follows:
JAS /ordinance /Offenses Against Governmental Order/ page 1 of 2
6.04.325 6.48.070 Unauthorized communications with prisoners—
Unauthorized transport of articles.
A. It is unlawful for any person, other than a police officer or a person
authorized by the detention facility custodian, to verbally communicate
with any prisoner in any city of Yakima or Yakima County detention
facility, or to transport or cause to be transported into or out of such
facility any writing, clothing, food or other article whatsoever.
B. It is unlawful for any person to loiter in or about any city of Yakima or
Yakima County detention facility for the purpose of engaging in any
conduct prohibited by subsection A of this section.
C. A violation of this section is a misdemeanor.
Section 6. 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 5 day of June,
2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
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