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ORD 09-626 ORDINANCE NO. 09-626 AN ORDINANCE of the City of Federal Way, Washington, relating to Sexual Misconduct with a Minor in the Second Degree; amending FWRC 6.20.010. (Amending Res. No. 09-539, ~ 1, 1-6-09; Ord. Nos. 04-463, ~ 1, 8-3-04; 02-429, ~ 3,11-19-02; 00-374, ~ 1,9-19-00; 91-106, ~ 1,8-20-91; 91-89, ~ 1(9.10.010),3-5-91. Code 2001 ~ 6-61.) WHEREAS, Federal Way Revise Code ('FWRC") 6.20.010 adopts criminal statutes by reference to the State Law as codified in the Revised Code of Washington "RCW"; and WHEREAS, RCW 9A.44.096, Sexual Misconduct with a Minor in the Second Degree is a gross misdemeanor; and WHEREAS, FWRC 6.20.010 does not reference RCW 9A.44.096; and WHEREAS, the City Council of Federal Way finds it is in the best interest ofthe citizens to incorporate the State Law into the FWRC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 6.20.010 shall be amended to read as follows: 6.20.010 Statutes adopted. The following state statutes are adopted by reference: . RCW 9.02.050 9A.42.0l0 9A.42.035 9A.42.037 9A.42.080 9A.42.090 9A.42.110 9A.44.096 13.32A.080 Concealing birth. Definitions. Criminal mistreatment in the third degree. Criminal mistreatment in the fourth degree. Abandonment of a dependent person in the third degree. Abandonment of a dependent person - Defense. Leaving a child in the care of a sex offender. Sexual misconduct with a minor in the second degree. Unlawful harboring of a minor - Penalty - Defense - Prosecution of adult for involving child in commission of offense. Ordinance No. 09-626 Page 1 of3 70.155.080 Purchasing, possessing by persons under eighteen - Civil infraction - Jurisdiction. 70.155.105 Delivery sale of cigarettes - Requirements, unlawful practices - Penalties - Enforcement. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective ofthe fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 15 day of September, 2009. CITY OF FEDERAL WAY Ordinance No. 09-626 Page 2 of3 ATTEST: APPROVED AS TO FORM: ~~Ii~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: 9-19-2009 EFFECTIVE DATE: 9-24-2009 ORDINANCE NO.: 09-626 8-25-2009 9-15-2009 Ordinance No. 09-626 Page 3 of3