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
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