Ord 04-463
ORDINANCE NO. 04-46J
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE
CRIMINAL CODE OF THE CITY OF FEDERAL WAY
(Amending Ordinance Nos. 91-89, 91-106, 95-254, 99-362,
00-374, 01-401, 02-429, 04-458)
WHEREAS, the State Legislature has recodified state law regarding various
crimes and the consequences thereof,
WHEREAS, the City Code is at variance with state law with respect to the
existence, substance, description, or procedure of certain crimes and consequences,
WHEREAS, the Federal Way City Council finds that it is in the best interest of
its citizens to update the City Criminal Code of the City Code to be more in accordance
with state law in order to ensure more consistent and effective enforcement and
prosecution of criminal activity within the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6, Article III, Section 6-61 of the Federal Way
City Code is hereby amended to read as follows:
6-61 Statutes adopted.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9.02.050, Concealing birth.
(2) RCW 9A.42.010, Definitions.
(3) RCW 9A.42.035, Criminal mistreatment in the third degree.
(4) RCW 9A.42.037, Criminal mistreatment in the fourth degree.
(5) RCW 9A.42.080, Abandonment of a dependent person in the third degree.
(6) RCW 9A.42.090, Abandonment of a dependent person - Defense.
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ORIGINAL
(7) RCW 9A.42.11 0, Leaving a child in the care of a sex offender.
(8) RCW 13.32A.080, Unlawful harboring of a minor - Penalty - Defense -
Prosecution of adult for involving child in commission of offense.
(9) RCW 70.155.080, ~hasinQ, possessinQ by persons under eiqhteen - Civil
infraction -- Jurisdiction.
(10) RCW 70.155.105, Delivery sale of ciqarettes -- Requirements, unlawful
practices --Penalties -- Enforcement.
SECTION 2. Chapter 6, Article IV, Section 6-86 of the Federal Way City
Code is hereby amended to read as follows:
6-86 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions,
are adopted by reference:
(1) RCW 69.41.020, Prohibited acts -Information not privileged communication.
(2) RCW 69.41.030, Sale, delivery, or possession of legend drug without
prescription or order prohibited - Exceptions.
(3) RCW 69.41.040, Prescription requirements - Penalty
H1 ~ RCW 69.41.050, Labeling requirements Penalty.
í§.LRCW 69.41.320. Practitioners -- Restricted use -- Medical records.
@l.{4j RCW 69.41.350, Penalties.
ill tð) RCW 69.43.010, Report to state board of pharmacy - List of substances
- Modification of list - Identification of purchasers - Report of transactions -
Penalties.
@) ~ RCW 69.43.020, Receipt of substance from source outside state - Report
- Penalty.
ím f7j RCW 69.43.030, Exemptions.
í1QlJ~4 RCW 69.43.035, Suspicious transactions - Report - Penalty.
(11) RCW 69.43.043. Recordkeepinq requirements--Penaltv.
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ill.) ~ RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance
Exemptions - Application for permit - Fee - Renewal - Penalty.
ill.} ~ RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine
Sales restrictions - Penalty.
í1.1lftB RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine-
Possession of more than fifteen grams - Penalty - Exceptions.
í.1§1J-1-~1 RCW 69.50.101, Definitions.
í.1ill ~ RCW 69.50.204(d)(13), Schedule I - Marijuana.
í1IU-14t-RCW 69.50.309, Containers.
(.1IDJ1-é~ RCW 69.50.4014, Possession of forty grams or less of marihuana -- Penalty.
.L1ill ~ RCW 69.50.412, Prohibited acts: E - Penalties.
í.fillJ4-B RCW 69.50.505, Seizure and forfeiture.
í21l~ RCW 69.50.506, Burden of proof.
ßflJ-1-9j RCW 69.50.509, Search and seizure of controlled substances.
(20) RCV\! 69.50.125, Misdemeanor violations Minimum imprisonment.
SECTION 3. Chapter 6, Article VII, Section 6-161 of the Federal Way City
Code is hereby amended to read as follows:
6-161 Frauds and swindles.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9.04.010, False advertising.
(2) RCW 9.12.010, Barratry.
(3) RCW 9.12.020, Buying, demanding, or promising reward by district judge or
deputy.
(4) RCW 9.45.060, Encumbered, leased or rented personal property.
(5) RCW 9.45.070, Mock auctions.
(6) RCW 9.45.080, Fraudulent removal of property.
(7) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
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(8) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(9) RCW 9.26A.120, Fraud in operating coin-box telephone or other receptacle.
(10) RCW 9.26A.130, Penalty for manufacture or sale of slugs to be used for
coin.
(11) RCW 9A.56.330, Possession of another's identification.
í12.lJ44j RCW 9.60.010, Definitions.
ill.} ft-21 RCW 9A.60.040, Criminal impersonation in the first degree.
t!.1l~RCW 9A.60.045, Criminal impersonation in the second degree.
@ f+41 RCW 9A.60.050, False certification.
(16) RCW 19.48.110. Obtaininq hotel, restaurant, lodqinq house. ski area, etc.,
accommodations by fraud -- Penalty.
(17) RCW 74.08.331, Unlawful practices -- ObtaininQ assistance -- Disposal
of realty -- Penalties.
SECTION 4. Chapter 6, Article IX, Section 6-211 of the Federal Way City
Code is hereby amended to read as follows:
6-211 Theft, unauthorized issuance of bank checks and possession of stolen
property.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9.26A.11 0, Fraud in obtaining telecommunications service - Penalty.
(2) RCW 9A.56.010, Definitions.
(3) RCW 9A.56.020, Theft - Definition, defense.
(4) RCW 9A.56.050, Theft in the third degree.
(5) RCW 9A.56.060(1), (2), (3) and (5), Unlawful issuance of checks or drafts.
(6) RCW 9A.56.096, Theft of rental, leased, or lease-purchased property.
(7) RCW 9A.56.140, Possessing stolen property - Definitio"n, credit cards,
presumption.
(8) RCW 9A.56.170, Possessing stolen property in the third degree.
(9) RCW 9A.54.130, Restoration of stolen property - Duty of officers.
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(10) RCW 9A.56.220, Theft of cable television services.
(11) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(12) RCW 9A.56.260, Connection of channel converter.
(13) RCW 9A.56.270, Shopping cart theft.
(14) RCW 9A.56.280, Credit, debit cards, checks, etc. - Definitions.
(15) RC\^I 9/\.56.330, Poscession of another's identification.
SECTION 5. Chapter 6, Article X, Section 6-243 of the Federal Way City
Code is hereby amended to read as follows:
6-243 Sexual exploitation of children and minor access to erotic materials.
The following state statutes, including all future amendments, additions or
deletions, are hereby adopted by reference:
(1) RCW 9.68A.011, Definitions.
(2) RCW 9.68A.080, Processors of depictions of minor engaged in sexually
explicit conduct - Report required.
(3) RCW 9.68A.090. Communication with minor for immoral purposes -- Penalties.
H1 RCW 9.68A.150, Allowing minor on premises of live erotic performance.
@ {4j RCW 9.68A.160, Penalty.
SECTION 6. Chapter 6, Article XI, Section 6-268 of the Federal Way City
Code is hereby amended to read as follows:
6-268 Obstructing justice, criminal assistance, introducing contraband and
related offenses.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) Title 7.80.160, Fail to siqn non traffic infraction
ífl.fB RCW 9.69.100, Withholding knowledge of felony involving violence - Penalty.
.æ~ RCW 9A.72.010, Definitions.
H1 fð}RCW 9A.72.040, False swearing.
í.§.) {41 RCW 9A.72.060, False swearing - Retraction.
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fill tð) RCW 9A.72.070, False swearing -Irregularities no defense.
ill ~ RCW 9A72.080, Statement of what one does not known to be true.
@} f7j RCW 9A.72.140, Jury tampering. .
.Œtl ~ RCW 9A72.150, Tampering with physical evidence.
í.1.Q) ~ RCW 9A. 76.010, Definitions.
í.1.11 fW1 RCW 9A.76.020, Obstructing a public servant:.
ill.) ~ RCW 9A.76.030, Refusing to summon aid for a peace officer.
ill.} ~ RCW 9A. 76.040, Resisting arrest.
lli1 ~ RCW 9A. 76.050, Rendering criminal assistance - Definition of terms.
í1.§) fU) RCW 9A. 76.060, Relative defined.
(16) RCW 9A.76.070. Renderinq criminal assistance in the first deqree.
í1D ftá-) RCW 9A.76.080, Rendering criminal assistance in the second degree.
í.1ID ~ RCW 9A. 76.090, Rendering criminal assistance in the third degree.
.L1ill fi+j RCW 9A. 76.100, Compounding.
(20) ~ RCW 9A. 76.160, Introducing contraband in the third degree.
ß1J ft.9j RCW 9A. 76.170, Bail jumping.
(22) ~ RCW 9A. 76.175, Making a false or misleading statement to a public servant.
(23) ~ RCW 9A.84.040, False reporting.
SECTION 7. Chapter 6, Article XIII, Section 6-316 of the Federal Way City
Code is hereby amended to read as follows:
6-316 Conduct prohibited.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9.91.010, Denial of civil rights - Terms defined.
(2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while
intoxicated.
(3) RCW 9.91.025, Unlawful bus conduct.
(4) RCW 9.91 .110, Metal buyers - Records of pu rchases - Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
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(6) RCW 9.03.020, Permitting unused equipment to remain on premises.
(7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(8) RCW 9.03.040, Keeping or storing equipment for sale.
(9) RCW 9A.44.130, ReQistration of sex offenders and kidnappinq offenders
-- Procedures -- Definition -- Penalties.
í1.QLRCW 9A.49.030, Unlawful discharge of a laser in the second degree.
(11) RCW 28A.635.020. Willfully disobeyinQ school administrative personnel or
refusinq to leave public property. violations, when -- Penalty.
(12) RCW 28A.635.090. Interference by force or violence -- Penalty.
(13) RCW 28A.635.1 00. Intimidatinq any administrator. teacher. classified employee. or
student by threat of force or violence unlawful -- Penalty.
(14) RCW 29A.84.250, Violations -- Corrupt practices.
(15) RCW 29A.84.51 O. Acts prohibited in vicinity of pollinq place -- Prohibited practices
as to ballots.
.L1§) f1-()j RCW 42.20.010, Powers may not be delegated for profit.
í.1.I) f-141 RCW 42.20.030, Intrusion into and refusal to surrender public office.
í1IDJ~ RCW 42.20.050, Public officer making false certificate.
í1ID...f4-ðj RCW 42.20.060, Falsely auditing and paying claims.
ßQl.f-14j RCW 42.20.080, Other violations by officers.
ß1l~RCW 42.20.100, Failure of duty by public officer is misdemeanor.
SECTION 8. Severability. The provisions of this ordinance are declared
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance or the invalidity of the application thereof to any person
or circumstance, shall not affect the validity of the remainder of the ordinance, or the
validity of its application to other persons or circumstances.
SECTION 9. Ratification. Any and all acts consistent with the authority and
prior to the effective date of this ordinance are hereby ratified and affirmed.
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SECTION 10. Effective Date. This ordinance shall take effect and be in
force five days from its passage, approval and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 3rddayof August
,2004.
EDERAL WAY
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK: 07/13/04
PASSED BY THE CITY COUNCIL:08/03/04
PUBLISHED: 08/07/04
EFFECTIVE DATE: 08/12/04
ORDINANCE NO. 04-4~
. K:\ORDIN\Criminal update '04
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