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ORD 07-561 ORIGINAL ORDINANCE NO. t)7~ S l..o { AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE XI, SECTION 6-268 AND ARTICLE XII, SECTION 6-291 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY. (Amending Ordinance Nos. 91-89, 00-374, 02-429, 04-463, and 05-508) WHEREAS, among the responsibilities imposed on the City of Federal Way are those involving enforcement of ordinances proscribing violations of criminal laws adopted as a part of the Federal Way City Code; and, WHEREAS, the provisions of the Federal Way City Code include identification of certain criminal violations in its criminal code designed to provide for public safety within the City and to meet specific needs ofthe City; and, WHEREAS, the Federal Way City Code is at variance with state law with respect to the existence, substance, description, or procedure of certain crimes and consequences; and WHEREAS, the Legislature amended the crime of Disorderly Conduct to include intentionally engaging in fighting or "tumultuous conduct" in or around funeral activities; and WHEREAS, incorporating the state statute and all amendments, additions and deletions is more efficient than updating the Code with every change, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article XI, Section 6-268 of the Federal Way City Code is hereby amended to read as follows: ORD # tJ7- S~I , PAGE 1 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) RCW 7.80.160, Fail to sign nontraffic infraction Failure to exercise notice options of nontraffic infraction. (2) RCW 9.69.100, Withholding knowledge of felony involving violence - Penalty. (3) RCW 9.91.175, Interfering with search and rescue dog. (4) RCW 9A.72.010, Definitions. (5) RCW 9A.72.040, False swearing. (6) RCW 9A.72.060, False swearing - Retraction. (7) RCW 9A.72.070, False swearing - Irregularities no defense. (8) RCW 9A.72.080, Statement of what one does not know to be true. (9) RCW 9A.72.140, Jury tampering. (10) RCW 9A.72.150, Tampering with physical evidence. (11) RCW 9A.76.01O, Definitions. (12) RCW 9A.76.020, Obstructing a public servant. (13) RCW 9A.76.030, Refusing to summon aid for a peace officer. (14) RCW 9A.76.040, Resisting arrest. (15) RCW 9A.76.050, Rendering criminal assistance - Definition of terms. (16) RCW 9A.76.060, Relative defined. (17) RCW 9A.76.070, Rendering criminal assistance in the first degree. (18) RCW 9A.76.080, Rendering criminal assistance in the second degree. (19) RCW 9A.76.090, Rendering criminal assistance in the third degree. (20) RCW 9A.76.100, Compounding. (21) RCW 9A.76.160, Introducing contraband in the third degree. (22) RCW 9A.76.170, Bail jumping. ORD # n/~~(p 1_, PAGE 2 (23) RCW 9A.76.175, Making a false or misleading statement to a public servant. (24) RCW 9A.84.040, False reporting. (Ord. No. 91-89, ~ 1(9.32.030),3-5-91; Ord. No. 00-374, ~ 13,9-19-00; Ord. No. 02-429, ~ 9, 11-19-02; Ord. No. 04-463, ~ 6, 8-3-04; Ord. No. 05-508, ~ 3, 11-1-05) SECTION 2. Chapter 6, Article XII, Section 6-291 ofthe Federal Way City Code is hereby amended to read as follows: 6-291 Disorderly conduct. (a)}.. person is guilty of disorderly conduct ifhe or she: (1) Uses abusive language and thereby intentionally creates a risk of assffi:llt; (2) Ifltentionally disrupts any lawful assembly or meeting of persons without authority; (3) Intentionally obstructs ';ehicular or pedestrian traffic without lawful authority. (b) Disorderly condaet is a misdemeanor. RCW 9A.84.030, including all future amendments, additions or deletions is adopted by reference. (Ord. No. 91-89, ~ 1(9.34.010),3-5-91; Ord. No. 00-374, ~ 15,9-19-00) SECTION 3. Severability. The provisions ofthis 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 thereofto any person or circumstance, shall not affect the validity ofthe remainder ofthe ordinance, or the validity of its application to other persons or circumstances. SECTION 4. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. ORD # (;7.; 5 f.:, I , PAGE 3 --, e e SECTION 5. 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 W ay this/~ay o~ 2007. CITY OF FEDERAL WAY ATTEST: APPROVED AS TO FORM: I?--~(-~ i ~?/( w~ CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK.: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ORDIN\2007\Criminal update 2007.doc ORD# ol-5~l ,PAGE4