HomeMy WebLinkAbout07/21/2009 16 YMC Amendments to Incorporate RCW Statutes RE: Property Crime Thresholds; YMC repeal 6.04.235 4111 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
• AGENDA STATEMENT
Item No. * fjc)
For Meeting of July 21, 2009
ITEM TITLE: An ordinance relating to Public Safety; amending the Title and repealing certain
sections of Chapter 6.68 and repealing section 6.04.235 of the City of Yakima
Municipal Code for the purpose of adopting the equivalent Revised Code of
Washington Statutes which reflects the new property crime thresholds enacted
by the legislature and effective September 1, 2009.
SUBMITTED BY: Cynthia Martinez, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Cynthia Martinez, 509 - 575 -6033
SUMMARY EXPLANATION: On May 8, 2009 the Govemor signed Senate Bill 6167 entitled,
"Property Crimes — Organized Retail Crime Task Force — Threshold Amounts." SB 6167
increases the threshold between misdemeanor and felony property crimes from the current
level of $250.00 to $750.00, shifting additional caseload to Municipal Courts. The new
41) threshold amounts apply to crimes committed on or after September 1, 2009. This ordinance
increases the dollar amount thresholds for property crime misdemeanors being filed in the City
of Yakima Municipal Court and handled by City prosecutors and public defenders.
Due to concerns about the potential impact to Municipal Court caseloads across the state,
cities will be part of a task force created under the bill to study the impact of raising the
threshold on court caseloads and the retail industry. The proposed ordinance repeals most of
the affected City of Yakima property crime offenses and adopts the comparable Revised Code
of Washington Statutes. The Legal Department will be proposing similar ordinances in the
coming months to prepare for the implementation of the prosecutor case management system.
Resolution Ordinance X Contract Other(Specify)
Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
Ci anager
STAFF RECOMMENDATION: Pass Ordinance.
BOARD /COMMISSION RECOMMENDATION: The proposed ordinance has not been before
the Yakima City Council Public Safety Committee.
COUNCIL ACTION:
ORDINANCE NO. 2009-
AN ORDINANCE relating to Public Safety; amending the Title and repealing certain
sections of Chapter 6.68 and repealing section 6.04.235 of the
City of Yakima Municipal Code for the purpose of adopting the
equivalent Revised Code of Washington Statutes which . reflects
the new property crime thresholds enacted by the legislature and
effective. September 1, 2009.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Title of Chapter 6.68 of the Yakima Municipal Code is hereby
changed from, "Theft Offenses" to "Offenses Against Property".
Section 2. The following sections of the City of Yakima Municipal Code are
hereby repealed:
6.68.030 Drawing bad checks - credit.
6.68.040 Food stamp crimes.
6.68.050 Petty larceny.
6.68.060 Aiding and abetting, receiving stolen property.
6.68.070 Determination of value.
6.68.080 Possession of stolen property.
® 6.68.090 Failure to deliver leased property.
6.68.100 Theft of rental, leased or lease- purchased property.
6.68.115 Hotels — Fraudulent use.
8.68.120 Theft of rental, leased or lease- purchased property.
6.68.130 Making or having burglar tools.
6.68.150 Making or possessing motor vehicle theft tools.
6.68.180 Obscuring identity of a machine.
6.68.200 Shopping cart theft.
6.04.235 Malicious injury to property.
Section 3. A new section 6.68.020 of the City of Yakima Municipal Code is
hereby adopted to read as follows:
The following 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.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 Possession 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.
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RCW 9A.56.280 Credit, debit cards, checks, etc.— Definitions.
RCW 9A.56.330 Possession of another's identification.
RCW 9.91.142 Food stamp trafficking.
RCW 19.48.110 Obtaining hotel, restaurant, lodging house, ski area,
accommodations by fraud - Penalty.
RCW 9A.52.100 Vehicle prowling in the second degree.
RCW 9A.48.090 Malicious Mischief in the third degree.
RCW 9A.48.100 Malicious mischief- physical damage defined.
Section 4. This ordinance shall be in full force and effect on the first day of
September, 2009 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 July,
2009.
ATTEST: David Edler, Mayor
City Clerk
Publication Date:
Effective Date:
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