Loading...
HomeMy WebLinkAbout06/10/2008 24A Repealing YMC Chapter 6.11 Criminal Street Gangs and Gang-Related Activities • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. A For Meeting Of June 10, 2008 ITEM TITLE: An ordinance relating to Public Safety and Morals; repealing Chapter 6.11 entitled, "Criminal Street Gangs and Gang — Related Activities ", of which certain portions have been preempted by the recently adopted Washington State Law relating to Criminal Street Gangs, which goes into effect June 12, 2008; and repealing Chapter 6.11 of the City of Yakima Municipal Code. SUBMITTED BY: Chief Sam Granato, Yakima Police Department Cynthia Martinez, Senior Assistant Attorney CONTACT PERSON/TELEPHONE: Cynthia Martinez, Senior Assistant City Attorney 575 -6033 SUMMARY EXPLANATION: Last year, the City of Yakima, along with a number of other Yakima Valley cities, adopted an ordinance dealing with criminal street gangs in an effort to combat the growing criminal street gang problem. Last legislative session, the Washington • State Legislature passed the Engrossed Second Substitute House Bill 2712 (HB 2712) entitled, "Criminal Street Gangs ". The approved HB 2712 has been signed by the governor and goes into effect on June 12, 2008. Portions of the newly adopted state law preempt local ordinance and an informal AGO issued last year questioned the constitutionality of other portions of the City of Sunnyside Ordinance. The language of the City of Yakima Ordinance is nearly identical to the City of Sunnyside ordinance. This ordinance would repeal the Yakima Municipal Code dealing with criminal street gangs adopted last year. It is anticipated that the Yakima City Council will pass a new Criminal Street Gang Ordinance which incorporates the language of HB 2712. This ordinance must be passed before the new proposed Criminal Street Gang Ordinance may be adopted. Resolution Ordinance X Contract Other(Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass Ordinance. COUNCIL COMMITTEE/ BOARD /COMMISSION RECOMMENDATION: The Public Safety Committee unanimously recommends that the Yakima City Council adopt this ordinance. • COUNCIL ACTION: cim/agendarepealgangord/page 1 of 1 ORDINANCE NO. 2008- AN ORDINANCE relating to Public Safety and Morals; repealing Chapter 6.11 entitled, "Criminal Street Gangs and Gang — Related Activities ", which certain portions have been preempted by the recently adopted Washington State Law relating to Criminal Street Gangs, which goes into effect June 12, 2008; and repealing Chapter 6.11 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.11 entitled, "Criminal Street Gangs and Gang — Related Activities ", of the City of Yakima Municipal Code is hereby repealed in its entirety. • Section 2. 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 June 10, 2008. David Edler, Mayor ATTEST: City Clerk Publication Date: Effective Date: 110 cimlRepealGang Ordinance/ Page 1. of 1