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HomeMy WebLinkAbout07/21/2015 10 Criminal Code Changes Facilitating Adoption of Equivalent RCW Satutes; YMC Amendment and RepealBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10. For Meeting of: July 21, 2015 ITEM TITLE: Ordinance amending, repealing, and recodifying sections of the Criminal Code for the purpose of reorganization and to adopt equivalent Revised Code of Washington statutes SUBMITTED BY: Jeff Schaap, Assistant City Attorney SUMMARY EXPLANATION: Chapter 6.04 of the Municipal Code entitled "Penal Code," is one of the various chapters of Title 6 that contains ordinances describing criminal offenses. However, unlike the other chapters in Title 6, Chapter 6.04 is not organized by subject matter. Indeed, Chapter 6.04 contains a mix of various offenses, many of which would fit better for organizational purposes in other chapters in Title 6. Chapter 6.04 also contains many statutes that were adopted in 1917 and could be described as antiquated and relics of a bygone era. Lastly, many of the sections of Chapter 6.04 are municipal codes with Revised Code of Washington equivalents. The proposed ordinance primarily revamps and modernizes the contents of Chapter 6.04. The newly proposed Chapter 6.04 is retitled Offenses Against Public Order and Peace and contains only statutes with that subject matter. As for the remainder of the statutes in Chapter 6.04, some would be repealed outright because the conduct is already addressed by other ordinances, some would be repealed and replaced with equivalent RCWs and moved into other chapters of Title 6 which contain like offenses, and some would be retained and simply recodified into other chapters of Title 6 containing like offenses. Additionally, the proposed ordinance would also adopt the RCW for Interfering with a Health Care Facility. And lastly, the ordinance makes minor changes to Chapter 6.08, "Drug related offenses." The RCW for inhalation of toxic fumes would be adopted and the city code for glue sniffing would be repealed. The RCW is broader than the current Glue Sniffing ordinance; the RCW prohibits use of any inhalant for the purpose of achieving a high. The proposed ordinance would also, as a housekeeping matter, adopt by name the infraction for public use of marijuana (this was previously adopted, however, the official title had not been set out at the time of our adoption of the statute). Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Amount: Public Safety City Manager These changes were reviewed by the Council Public Safety Committee and the Committee recommended they be forwarded to the full Council for consideration. ATTACHMENTS: Description CI Penal Code Ordinance -Final CI Penal Code Ordinance w -strikeouts Upload Date .!/13/2015 .7/13/2015 Type Ordinance Ordinance AN ORDINANCE ORDINANCE NO. 2015 - relating to Public Safety; amending the City of Yakima Municipal Code; amending, repealing, and recodifying certain sections of Chapter 6.04, Chapter 6.08, Chapter 6.20, Chapter 6.45, Chapter 6.48, Chapter 6.56, and Chapter 6.68 for the purpose of reorganization and for the purpose of adopting equivalent and/or similar Revised Code of Washington statutes; and amending the title of Chapter 6.04 and Chapter 6.45 to reflect the new contents. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The title of Chapter 6.04 of the Yakima Municipal Code is hereby amended to read as follows: "Offenses Against Public Order and Peace." Section 2. The following sections of Chapter 6.04 of the City of Yakima Municipal Code are hereby repealed: 6.04.020 Assault. 6.04.025 Reckless endangerment. 6.04.030 Unsafe use of laser pointers. 6.04.050 6.04.075 6.04.080 6.04.100 6.04.185 6.04.215 6.04.245 6.04.250 6.04.290 6.04.435 6.04.440 Bail jumping. Fire plugs—Tampering. Reckless burning. Unlawful harboring of a minor. Criminal impersonation. Playing ball in streets. Property—Interference with intent to annoy. Riotous conduct. Street signs—Injury or removal. Assembling for unlawful purpose—Conspiracy. Bulletins—Defacing or removing. Section 3. The following section, 6.04.070, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.04.070 Fighting in a public place. A. It is unlawful for any person to fight or quarrel or to encourage others to fight in any public place in the city of Yakima. B. Fighting in public is a misdemeanor. Section 5. The following section, 6.04.230, of the City of Yakima Municipal Code is hereby recodified as section 6.20.046, and amended to read as follows: 6.20.046 Poultry at large. It is unlawful for any person who, as an owner of ducks, geese, turkeys, chickens or other poultry, permits the same to run at large in the city of Yakima. A violation of this section is a misdemeanor. Page 1 of 6 Section 6. Section 6.04.240, of the City of Yakima Municipal Code is hereby recodified as section 6.20.048. Section 7. The following section, 6.04.280, of the City of Yakima Municipal Code is hereby recodified as section 6.20.047, and amended to read as follows: 6.20.047 Stock at large. It is unlawful for any person owning or having the care of any horse, cattle, mules, sheep, goats, hogs or any other kind of livestock, to permit or suffer the same to go at large or stop to feed or graze on any street, alley or public square within the corporate limits of the city of Yakima. A violation of this section is a misdemeanor. Section 8. The following section, 6.04.310, of the City of Yakima Municipal Code is hereby recodified as section 6.56.014, and amended to read as follows: 6.56.014 Placing of unprotected articles on windowsills. The placing or keeping on any windowsill, porch, or other projection above the first story of any building abutting on any sidewalk in the city of Yakima, any flowerpot, wooden box, pitcher or any other vessel or article which might do injury in falling on any person on the sidewalk in front of said building, unless the same is securely fastened or protected by screens or otherwise, in such manner as to prevent falling on the street, is declared to be a nuisance. Section 9. The following section, 6.04.360, of the City of Yakima Municipal Code is hereby recodified as section 6.55.040, and amended to read as follows: 6.55.040 Urinating or defecating in a public place. A. It is unlawful for any person to urinate or defecate in any public place or place open or available to the public, other than in a facility designed or provided for that purpose. B. A violation of this section is a misdemeanor. Section 10. The following section, 6.04.465, of the City of Yakima Municipal Code is hereby recodified as section 6.68.115, and amended to read as follows: 6.68.115 Unlawful bill posting. It is unlawful for any person to post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device, calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, or any other portion or part of any public way or public place, or any lamp post, light, power, telegraph or telephone pole, or any hydrant, box or fixture of the fire alarm or police communication system, or other public structure or building, or on any private wall, fence, building or other private property without the consent of the owner or person in control thereof. A violation of this section is a misdemeanor. Section 11. Section 6.04.480, of the City of Yakima Municipal Code is hereby recodified as section 6.68.120. Page 2 of 6 Section 12. Section 6.04.515, of the City of Yakima Municipal Code is hereby recodified as section 6.56.011. Section 13. Section 6.04.520, of the City of Yakima Municipal Code is hereby recodified as section 6.56.012. Section 14. Section 6.04.525, of the City of Yakima Municipal Code is hereby recodified as section 6.56.013. Section 15. A new section, 6.04.010, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.04.010 Statues adopted. The following Revised Code of Washington (RCVV) 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.28.040 Criminal conspiracy. RCW 9A.50.005 Finding. RCW 9A.50.010 Definitions. RCW 9A.50.020 Interference with health care facility. RCW 9A.50.030 Penalty. RCW 9A.50.070 Protection of health care patients and providers. RCW 9A.84.010 Criminal mischief. RCW 9A.84.020 Failure to disperse. RCW 9A.84.030 Disorderly conduct. Section 16. The title of Chapter 6.45 of the Yakima Municipal Code is hereby amended to read as follows: "Offenses Against Persons." Section 17. A new section, 6.45.010, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.45.010 Statues adopted — Assault and other crimes relating to persons. The following Revised Code of Washington (RCVV) 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.04.110 Definitions. RCW 9A.36.041 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment. RCW 9A.49.001 Findings. RCW 9A.49.010 Definitions. RCW 9A.49.030 Unlawful discharge of a laser in the second degree. RCW 13.32A.030 Definitions — regulating leave from semi -secure facility. Page 3 of 6 RCW 13.32A.080 Unlawful harboring of a minor — Penalty — Defense — Prosecution of adult for involving child in commission of offense. Section 18. The title of section 6.45.015, of the City of Yakima Municipal Code is hereby amended to read as follows: "Statutes adopted — Harassment crimes." Section 19. The following section, 6.48.015, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.48.015 Statues adopted. The following Revised Code of Washington (RCVV) 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 9.40.100 Tampering with fire alarm or firefighting equipment — False alarm — Penalties. RCW 9A.60.045 Criminal impersonation in the second degree. 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.76.170 Bail jumping. RCW 9A.76.175 Making a false or misleading statement to a public servant. RCW 9A.84.040 False reporting. Section 20. The following section, 6.68.020, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.68.020 Statues adopted. The following Revised Code of Washington (RCVV) 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 9.91.142 Food stamp trafficking. RCW 9A.48.010 Definitions. RCW 9A.48.050 Reckless burning in the second degree. RCW 9A.48.090 Malicious mischief in the third degree. RCW 9A.48.100 Malicious mischief—Physical damage defined. RCW 9A.52.060 Making or having burglar tools. RCW 9A.52.100 Vehicle prowling in the second degree. RCW 9A.56.010 Definitions. RCW 9A.56.020 Theft—Definition, defense. RCW 9A.56.050 Theft in the third degree. RCW 9A.56.060 Unlawful issuance of checks or drafts. RCW 9A.56.063 Making or possessing motor vehicle theft tools. Page 4 of 6 RCW 9A.56.096 RCW 9A.56.140 RCW 9A.56.170 RCW 9A.56.180 RCW 9A.56.220 RCW 9A.56.270 RCW 9A.56.280 RCW 9A.56.330 RCW 19.48.110 Theft of rental, leased, lease -purchased, or loaned property. Possessing of stolen property—Definition— Presumption. Possessing stolen property in the third degree. Obscuring the identity of a machine. Theft of subscription television services. Shopping cart theft. Credit, debit cards, checks, etc.—Definitions. Possession of another's identification. Obtaining hotel, restaurant, lodging house, ski area, accommodations by fraud—Penalty. Section 22. The following section of Chapter 6.08 of the City of Yakima Municipal Code is hereby repealed: 6.08.050 Glue sniffing. Section 23. The following section, 6.08.015, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.08.015 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 9.47A.010 Definition. RCW 9.47A.020 Unlawful inhalation – Exception. RCW 9.47A.030 Possession of certain substances prohibited, when. RCW 9.47A.040 Sale of certain substances prohibited, when. RCW 9.47A.050 Penalty. RCW 69.50.101 Definitions. RCW 69.50.102 Definitions—Drug paraphernalia. RCW 69.50.4014 Possession of forty grams or less of marijuana— Penalty. RCW 69.50.412 Prohibited acts. RCW 69.50.4121 Drug paraphernalia—Selling or giving—Penalty. RCW 69.50.425 Misdemeanor violations—Minimum penalty. RCW 69.50.445 Opening package of or consuming marijuana, useable marijuana, or marijuana -infused product in view of general public — Penalty. Section 24. 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. Page 5 of 6 PASSED BY THE CITY COUNCIL, signed and approved this day of , 2015. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: Page 6 of 6 AN ORDINANCE ORDINANCE NO. 2015 - relating to Public Safety; amending the City of Yakima Municipal Code; amending, repealing, and recodifying certain sections of Chapter 6.04, Chapter 6.08, Chapter 6.20, Chapter 6.45, Chapter 6.48, Chapter 6.56, and Chapter 6.68 for the purpose of reorganization and for the purpose of adopting equivalent and/or similar Revised Code of Washington statutes; and amending the title of Chapter 6.04 and Chapter 6.45 to reflect the new contents. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The title of Chapter 6.04 of the Yakima Municipal Code is hereby amended to read as follows: "Penal Codc Offenses Against Public Order and Peace." Section 2. The following sections of Chapter 6.04 of the City of Yakima Municipal Code are hereby repealed: 6.04.020 Assault. 6.04.025 Reckless endangerment. 6.04.030 Unsafe use of laser pointers. 6.04.050 Bail jumping. 6.04.075 Fire plugs—Tampering. 6.04.080 Reckless burning. 6.04.100 Unlawful harboring of a minor. 6.04.185 Criminal impersonation. 6.04.215 Playing ball in streets. 6.04.245 Property—Interference with intent to annoy. 6.04.250 Riotous conduct. 6.04.290 Street signs—Injury or removal. 6.04.435 Assembling for unlawful purpose—Conspiracy. 6.04.440 Bulletins—Defacing or removing. Section 3. The following section, 6.04.070, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.04.070 Fighting in a public place. A. Any person fighting or quarreling or encouraging others to fight in any public placc in the city of Yakima is declared to be a disorderly person. It is unlawful for any person to fight or quarrel or to encourage others to fight in any public place in the city of Yakima. B. Fighting in public is a misdemeanor. Section 5. The following section, 6.04.230, of the City of Yakima Municipal Code is hereby recodified as section 6.20.046, and amended to read as follows: 6.0'1.230 6.20.046 Poultry at large. It is unlawful for Aany person who, as an owner of ducks, geese, turkeys, chickens or other poultry, permits the same to run at large in the city of Page 1 of 6 Yakima., is declared to be a disorderly person. A violation of this section is a misdemeanor. Section 6. Section 6.04.240, of the City of Yakima Municipal Code is hereby recodified as section 6.20.048. Section 7. The following section, 6.04.280, of the City of Yakima Municipal Code is hereby recodified as section 6.20.047, and amended to read as follows: 6.0,1.280 6.20.047 Stock at large. It is unlawful for Aany person owning or having the care of any horse, cattle, mules, sheep, goats, hogs or any other kind of livestock, who -to permits or suffers the same to go at large or stop to feed or graze on any street, alley or public square within the corporate limits of the city of Yakima., is declared to be a disorderly person. A violation of this section is a misdemeanor. Section 8. The following section, 6.04.310, of the City of Yakima Municipal Code is hereby recodified as section 6.56.014, and amended to read as follows: 6.0,1.310 6.56.014PIacing of unprotected articles on windowsills. Any person who places or keeps The placing or keeping -on any windowsill, porch, or other projection above the first story of any building abutting on any sidewalk in the city of Yakima, any flowerpot, wooden box, pitcher or any other vessel or article which might do injury in falling on any person on the sidewalk in front of said building, unless the same is securely fastened or protected by screens or otherwise, in such manner as to prevent falling on the street, is declared to be a nuisance. disorderly person. Section 9. The following section, 6.04.360, of the City of Yakima Municipal Code is hereby recodified as section 6.55.040, and amended to read as follows: 6.0'1.360 6.55.040 Urinating or defecating in a public place. A. It is unlawful for any person to urinate or defecate in any public place or place open or available to the public, other than in a facility designed or provided for that purpose. B. Violation of this section shall be punishable by a fine of no more than two hundred and fifty dollars or by imprisonment in the city jail facility for not more than ten days or by both such fine and imprisonment. A violation of this section is a misdemeanor. Section 10. The following section, 6.04.465, of the City of Yakima Municipal Code is hereby recodified as section 6.68.115, and amended to read as follows: 6.0'1.'165 6.68.115 Unlawful bill posting. It is unlawful for any person to post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device, calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, or any other portion or part of any public way or public place, Page 2 of 6 or any lamp post, light, power, telegraph or telephone pole, or any hydrant, box or fixture of the fire alarm or police communication system, or other public structure or building, or on any private wall, fence, building or other private property without the consent of the owner or person in control thereof. A violation of this section is a misdemeanor. Section 11. Section 6.04.480, of the City of Yakima Municipal Code is hereby recodified as section 6.68.120. Section 12. Section 6.04.515, of the City of Yakima Municipal Code is hereby recodified as section 6.56.011. Section 13. Section 6.04.520, of the City of Yakima Municipal Code is hereby recodified as section 6.56.012. Section 14. Section 6.04.525, of the City of Yakima Municipal Code is hereby recodified as section 6.56.013. Section 15. A new section, 6.04.010, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.04.010 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.28.040 Criminal conspiracy. RCW 9A.50.005 Finding. RCW 9A.50.010 Definitions. RCW 9A.50.020 Interference with health care facility. RCW 9A.50.030 Penalty. RCW 9A.50.070 Protection of health care patients and providers. RCW 9A.84.010 Criminal mischief. RCW 9A.84.020 Failure to disperse. RCW 9A.84.030 Disorderly conduct. Section 16. The title of Chapter 6.45 of the Yakima Municipal Code is hereby amended to read as follows: "Harassment Crimes Offenses Against Persons." Section 17. A new section, 6.45.010, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.45.010 Statues adopted — Assault and other crimes relating to persons. 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.04.110 Definitions. Page 3 of 6 RCW 9A.36.041 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment. RCW 9A.49.001 Findings. RCW 9A.49.010 Definitions. RCW 9A.49.030 Unlawful discharge of a laser in the second degree. RCW 13.32A.030 Definitions – regulating leave from semi -secure facility. RCW 13.32A.080 Unlawful harboring of a minor – Penalty – Defense – Prosecution of adult for involving child in commission of offense. Section 18. The title of section 6.45.015, of the City of Yakima Municipal Code is hereby amended to read as follows: "Harassment Crimes Statutes adopted – Harassment crimes." Section 19. The following section, 6.48.015, of the City of Yakima Municipal Code is hereby amended 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 9.40.100 Tampering with fire alarm or firefighting equipment – False alarm – Penalties. RCW 9A.60.045 Criminal impersonation in the second degree. 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.76.170 Bail lumping. RCW 9A.76.175 Making a false or misleading statement to a public servant. RCW 9A.84.040 False reporting. Section 20. The following section, 6.68.020, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.68.020 Statues adopted. The following Revised Code of Washington LRCWZ 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 9.91.142 Food stamp trafficking. RCW 9A.48.010 Definitions. RCW 9A.48.050 Reckless burning in the second degree. RCW 9A.48.090 Malicious mischief in the third degree. RCW 9A.48.100 Malicious mischief—Physical damage defined. RCW 9A.52.060 Making or having burglar tools. Page 4 of 6 RCW 9A.52.100 Vehicle prowling in the second degree. RCW 9A.56.010 Definitions. RCW 9A.56.020 Theft—Definition, defense. RCW 9A.56.050 Theft in the third degree. RCW 9A.56.060 Unlawful issuance of checks or drafts. RCW 9A.56.063 Making or possessing motor vehicle theft tools. RCW 9A.56.096 Theft of rental, leased, lease -purchased, or loaned property. RCW 9A.56.140 Possessing of stolen property—Definition— Presumption. RCW 9A.56.170 Possessing stolen property in the third degree. RCW 9A.56.180 Obscuring the identity of a machine. RCW 9A.56.220 Theft of subscription television services. RCW 9A.56.270 Shopping cart theft. RCW 9A.56.280 Credit, debit cards, checks, etc.—Definitions. RCW 9A.56.330 Possession of another's identification. RCW 19.48.110 Obtaining hotel, restaurant, lodging house, ski area, accommodations by fraud—Penalty. Section 22. The following section of Chapter 6.08 of the City of Yakima Municipal Code is hereby repealed: 6.08.050 Glue sniffing. Section 23. The following section, 6.08.015, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.08.015 Statues adopted. The following Revised Code of Washington (RCWW 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 9.47A.010 Definition. RCW 9.47A.020 Unlawful inhalation – Exception. RCW 9.47A.030 Possession of certain substances prohibited, when. RCW 9.47A.040 Sale of certain substances prohibited, when. RCW 9.47A.050 Penalty. RCW 69.50.101 Definitions. RCW 69.50.102 Definitions—Drug paraphernalia. RCW 69.50.4014 Possession of forty grams or less of marijuana— Penalty. RCW 69.50.412 Prohibited acts. RCW 69.50.4121 Drug paraphernalia—Selling or giving—Penalty. RCW 69.50.425 Misdemeanor violations—Minimum penalty. Future citation of Initiative Number 502, Section 21; prohibiting open possession or consumption of marijuana in view of the general public. RCW 69.50.445 Opening package of or consuming marijuana, useable marijuana, or marijuana -infused product in view of general public — Penalty. Page 5 of 6 Section 24. 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 day of 2015. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: Page 6 of 6