Ord 02-429ORDINANCE NO. 02-429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE
CRIMINAL CODE, THE LICENSES AND BUSINESS
REGULATIONS CHAPTER, AND THE TRAFFIC AND
VEHICLE CHAPTER OF THE CITY OF FEDERAL WAY
(Amending Ordinance Nos. 90-53, 90-62, 91-89, 91-91, 91-94, 91-
106, 91-110, 92-163, 94-212, 95-243, 96-260, 99-362, 00-367, 00-
374, 01-391, 01-401)
WHEREAS, the State Legislature has modified the state law regarding various
crimes, has created new crimes, and modified the classifications between misdemeanors and
felonies; and
WHEREAS, the City Code is now at variance with modified state law in Chapter 6,
Criminal Code; in Chapter 9, Licenses and Business Regulations; and in Chapter 15, Traffic and
Vehicles; and
WHEREAS, the Federal Way City Council finds that it is in the best interest of its
citizens to update the City Criminal Code, the Licenses And Business Regulations Chapter and the
Traffic and VehiCle Chapter of the City Code to be more in accordance with state law 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. A new section is added to Chapter 6, Article I, of the Federal Way City
Code, to read as follows:
ORD#
, PAGE 1
6-9 Restitution authorized as a condition of sentence.
Restitution shall be ordered by the court whenever a person is convicted of a crime which
results in injury to any person or damage to or loss of property, unless extraordinary
circumstances exist that make restitution inappropriate in the court's judgment and the court sets
forth such circumstances in the record. In addition, restitution shall be ordered to pay for an
injury, loss, or damage if the defendant pleads guilty to a lesser offense or fewer offenses and
agrees with the prosecutor's recommendation that the defendant be required to pay restitution to a
victim of an offense or offenses that are not prosecuted pursuant to a plea agreement. The court
shall identify in the judgment and sentence the victim or victims entitled to restitution and what
amount is due each victim.
When restitution is ordered, the court shall determine the amount of restitution due at the
sentencing hearing or within one hundred eighty days. The court may continue the hearing
beyond the one hundred eighty days for good cause. Restitution ordered by a court pursuant to a
criminal conviction shall be based on easily ascertainable damages for injury to or loss of
property, actual expenses incurred for treatment for injury to persons, and lost wages resulting
from injury_. Restitution shall not include reimbursement for damages for mental anguish, pain
and suffering, or other intangible losses, but may include the costs of counseling reasonably
related to the offense. The amount of restitution shall not exceed double the amount of the
offender's gain or the victim's loss from the commission of the crime.
The City or victim may enforce the court-ordered restitution in the same manner as a
judgment in a civil action. This section does not limit civil remedies or defenses available to the
ORD # 02-/429 , PAGE 2
victim, survivors of the victim, or defendant. Restitution collected through civil enforcement
must be paid through the registry of the court and must be distributed proportionately according
to each victim's loss when there is more than one victim.
SECTION 2. Chapter 6, Article II, Section 6-36 of the Federal Way City Code is
hereby amended to read as follows:
6-36 Adoption of statutes.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference and wherever the word "title" or words "this title" are used therein the same shall be
construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington
State Liquor Act:
(i) RCW 66.04.010, Definitions.
(2) RCW 66.20.200, Unlawful acts relating to card of identification and certification card.
(3) RCW 66.20.210, Licensee's immunity to prosecution or suit - Certification card as evidence of
good faith.
(4) RCW 66.20.300, Alcohol servers -- Definitions.
(5) RCW 66.20.310, Alcohol servers -- Permits -- Requirements -- Suspension, revocation --
Violations -- Exemptions.
(46) RCW 66.28.090, Licensed premises open to inspection Failure to allow.
(57) RCW 66.44.010, Local officers to enforce law - Authority of board - Liquor enforcement
officers.
ORD # 02-629 , PAGE 3
(68_) RCW 66.44.040, Sufficiency of description of offenses in complaints, informations, process,
etc.
(:g9) RCW 66.44.050, Description of offense in words of statutes - Proof required.
(810) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
(911) RCW 66.44.070, Certified analysis is prima facie evidence of alcoholic content.
(-1-012) RCW 66.44.080, Service of process on corporation.
(-1413) RCW 66.44.090, Acting without license.
(4--214) RCW 66.44.100, Opening or consuming liquor in public place - Penalty.
(-1-315) RCW 66.44.120, Unlawful use of seal.
(4416) RCW 66.44.130, Sale of liquor by drink or bottle.
(4-517) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal -
Unlawful operation, possession of still or mash.
(-1-618) RCW 66.44.150, Buying liquor illegally.
(4-719) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(4-820) RCW 66.44.170, Illegal possession of liquor with intent to sell - Prima facie evidence,
what is.
(4-921) RCW 66.44.175, Violations of law.
(-2-022) RCW 66.44.180, General'penalties - Jurisdiction for violation.
(~4-23) RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(-2424) RCW 66.44.210, Obtaining liquor for ineligible person.
(Lz-325) RCW 66.44.240, Drinking in public conveyance - Penalty against carrier - Exception.
ORD # -~02.~O.9- , PAGE 4
(g426) RCW 66.44.250, Drinking in public conveyance - Penalty against individual - Restricted
application.
(-2-527) RCW 66.44.280, Minor applying for permit.
(2-628) RCW 66.44.290, Minor purchasing liquor.
(~2--729) RCW 66.44.291, Penalty for minor purchasing or attempting to purchase liquor.
(2-83_9_0) RCW 66.44.300, Treating minor, etc., in public place where liquor sold.
(2-931) RcW 66.44.310, Minor frequenting tavern or cocktail lounge, misrepresentation of age.
(~032) RCW 66.44.320, Sales of liquor to minors a violation.
(34-33) RCW 66.44.325, Unlawful transfer to a minor of an identification card.
(g-334) RCW 66.44.328, Unlawful to transfer to a minor of a forged, altered, etc., identification
card.
(~-335) RCW 66.44.340, Employees 18 years and over allowed to sell and carry beer and wine for
Class E and/or Class F employees.
(5436) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor, clean up,
etc., for Class A, C, D and/or H licensed employees.
(43-537) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
///
///
///
///
///
ORD # 02-629 ., PAGE 5
SECTION 3. 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.
05) RCW 9A.42.080, Abandonment of a dependent person in the third degree.
(46) RCW 9A.42.090, Abandonment of a dependent person - Defense.
(7) RCW 9A.42.110, 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.
SECTION 4. 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
ORD # o2-t~29 , PAGE 6
prohibited -- Exceptions.
(3) RCW 69.41.070, Penalties.
(4) 69.43.010 Report to state board of pharmacy -- List of substances -- Modification of list --
Identification of purchasers -- Report of transactions -- Penalties.
(5) 69.43.020 Receipt of substance from source outside state ~- Report -- Penalty.
(6) 69.43.030 Exemptions.
(7) 69.43.035 Suspicious transactions--Report--Penalty.
(8) 69.43.090 Permit to sell, transfer, furnish, or receive substance -- Exemptions --
Application for permit -- Fee -- Renewal -- Penalty.
(9) 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine--Sales restrictions--Penalty.
(10) 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine--Possession of more than
fifteen grams--Penalty--Exceptions.
(-1-11) RCW 69.50.101, Definitions.
(igl2) RCW 69.50.204(d)(13), Schedule I - Marijuana.
(313) RCW 69.50.309, Containers.
(414) RCW 69.50.401(e), Prohibited acts: A - Penalties.
(515) RCW 69.50.412, Prohibited acts: E - Penalties.
(616) RCW 69.50.505, Seizure and forfeiture.
(gl 7) RCW 69.50.506, Burden of proof.
(818) RCW 69.50.509, Search and seizure of controlled substances.
(919) RCW 69.50.425, Misdemeanor violations - Minimum imprisonment.
ORD # 02-/,29 , PAGE 7
SECTION 5. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code, to read as follows:
6-163 Forgery~ nonfelony.
(a) A person is guilty of Forgery, nonfelony, if, with intent to injure or defraud:
(1) He falsely makes, completes, or alters a written instrument or;'
(2) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he
knows to be forged.
(3) The total amount of loss by the victims of the forgery is less than $600.
(b) Forgery_, nonfelony, is a gross misdemeanor.
· (c) This section is intended to supplement City jurisdiction in cases of Forgery declined by the
County. If a person is charged with Forgery under state law for a particular incident, they shall
not be charged under this section. If a state agency wishes to charge a Forgery case under state
law the City shall dismiss its case to allow that to happen.
SECTION 6. 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. 110, Fraud in obtaining telecommunications service -- Penalty.
(t-2) RCW 9A.56.010, Definitions.
ORD # 02-629 ., PAGE 8
0t3) RCW 9A.56.020, Theft - Definition, defense.
(34_) RCW 9A.56.050, Theft in the third degree.
(45) RCW 9A.56.060(1), (2), (3) and (5), Unlawful issuance of checks or drafts.
(56) RCW 9A.56.140, Possessing stolen property - Definition, credit cards, presumption.
(67) RCW 9A.56.170, Possessing stolen property in the third degree.
(g_8) RCW 9A.54.130, Restoration of stolen property - Duty of officers.
(g9)RCW 9A.56.220, Theft of cable television services.
(910) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(-1-011) RCW 9A.56.260, Connection of channel converter.
(-1412) RCW 9A.56.270, Shopping cart theft.
SECTION 7. Chapter 6, Article X, Section 6-237 of the Federal Way City Code is
hereby amended to read as follows:
6-237 Indecent exposure.
(a) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene
exposure of his person or her person or the person of another knowing that such conduct is likely to
cause reasonable affront or alarm. The act ofbreastfeeding or expressing breast milk is not indecent
exposure.
(b) Indecent exposure to a person under the age of 14 years is a gross misdemeanor.
(c) Indecent exposure to a person aged 14 years or older is a misdemeanor. Indecent exposure is a
ORD # 02-629 , PAGE 9
SECTION 8. Chapter 6, Article XI, Section 6-266 of the Federal Way City Code is
hereby amended to read as follows:
6-266 Obstructing public officers.
It is unlawful for any person to make any ,,,:m,n,,v...~..j willfully untrue, misleading or exaggerated
statement to, or to ,,,:mm,7 · ·
........ j wdlfully hinder, delay or obstruct any public officer in the discharge of
his or her official powers or duties. Obstructing public officers is a gross misdemeanor.
SECTION 9. 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) RCW 9.69.100, Withholding knowledge of felony involving violence - Penalty.
(2) RCW 9A.72.010, Definitions.
(3) RCW 9A.72.040. False swearing.
(4) RCW 9A.72.060. False swearing - Retraction.
(5) RCW 9A.72.070. False swearing - Irregularities no defense.
(6) RCW 9A.72.080. Statement of what one does not known to be true.
(7) RCW 9A.72.140. Jury tampering...
(8) RCW 9A.72.150. Tampering with physical evidence.
(9) RCW 9A.76.010, Definitions.
ORD # 02-429 , PAGE 10
(10) RCW 9A.76.020 Obstructing a public servant.
(11) RCW 9A.76.030 Refusing to summon aid for a peace officer.
(12) RCW 9A.76.040 Resisting arrest.
(13) RCW 9A.76.050 Rendering criminal assistance - Definition of terms.
(14) RCW 9A.76.060 Relative defined.
(15) RCW 9A.76.080 Rendering criminal assistance in the second degree.
(16) RCW 9A.76.090 Rendering criminal assistance in the third degree.
(17) RCW 9A.76.100, Compounding.
(18) RCW 9A.76.160, Introducing contraband in the third degree.
(19) RCW 9A.76...v~. j,l'm~ ~ ~--J~-~,~'~ Bail jumping.
(20) RCW 9A.76.175, Making a false or misleading statement to a public servant.
(21) RCW 9A.84.040, False reporting.
SECTION 10. Chapter 6, Article XII, Section 6-293 of the Federal Way City Code is
hereby amended to read as follows:
6-293 Privacy, violating right of.
The following state statutes, including all amendments, additions or deletions, are adopted by
reference:
(1) RCW 9.73.010, Divulging telegram.
(2) RCW 9.73.020, Opening sealed letter.
(3) RCW 9.73.030, Intercepting, recording or divulging private communication - Consent
required - Exceptions.
ORD # 02-429 , PAGE 11
(4) RCW 9.73.040, Intercepting private communication -- Court order permitting
interception -- Grounds for issuance -- Duration -- Renewal.
(5) RCW9.73.050, Admissibility of intercepted communication in evidence.
(46) RCW 9.73.070, Persons and activities excepted.
(57_) RCW 9.73.080, Intercepting, recording, or divulging communication - Penalty.
(68) RCW 9.73.090, Police and fire personnel exempted from RCW 9.73.030 - 9.73.080 -
Standards.
(g9) RCW 9.73.095, Intercepting, recording, or divulging inmate conversations - Conditions -
Notice.
(810) RCW 9.73.100, Recordings available to defense counsel.
(911) RCW 9.73.110, Intercepting, recording, or disclosing private communications - Not
unlawful for building owner - Conditions.
(12) RCW 9.73.200, Intercepting, transmitting, or recording conversations concerning
controlled substances -- Findings.
SECTION 11. 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.
ORD # 02-429 , PAGE 12
(3) RCW 9.91.025, Unlawful bus conduct.
(4) RCW 9.91.110, Metal buyers - Records of purchases - Penalty.
(5) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(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.49.030, Unlawful discharge of a laser in the second degree.
(910) RCW 42.20.010, Powers may not be delegated for profit.
(-1-011) RCW 42.20.030, Intrusion into and refusal to surrender public office.
(-14-12) RCW 42.20.050, Public officer making false certificate.
(4413) RCW 42.20.060, Falsely auditing and paying claims.
(4--314) RCW 42.20.080, Other violations by officers.
(-1415) RCW 42.20.100, Failure of duty by public officer is misdemeanor.
SECTION 12. Chapter 6, Article XIII, Section 6-318 of the Federal Way City Code is
hereby amended to read as follows:
6-318 Injury to animals.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RCW 9.08.020, Diseased animals.
ORD # 02-629 , PAGE 13
(2) RCW 9.08.030, False certificate of registration of animals - False representation as to breed.
(3) RCW 9.08.065, Definitions.
(4) RCW 9.08.070(4-)w¢2-), Pet animals - Taking, concealing, injuring, killing, etc. - Penalty.
(5) RCW16.52.207, Animal cruel _ty in the second degree.
SECTION 13. Chapter 6, Article XIII, Section 6-321 of the Federal Way City Code is
hereby amended to read as follows:
6-321 Juries, crimes relating to.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RCW 2.36.165, Leave of absence from employment to be provided -- Denial of
promotional opportunities prohibited -- Penalty -- Civil action.
(2) RCW 2.36.170, Failure of juror to appear -- Penalty.
(t-3) RCW 9.51.010, Misconduct of officer drawing jury.
(-24_) RCW 9.51.020, Soliciting jury duty.
(35) RCW 9.51.030, Misconduct of officer in charge of jury.
///
///
///
///
ORD # 02-629 , PAGE 14
SECTION 14. A new section is added to Chapter 6, Article XIII, of the Federal Way
City Code, to read as follows:
6-324 Practice of Law
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RCW 2.48.180, Definitions -- Unlawful practice a crime -- Cause for discipline --
Unprofessional conduct -- Defense -- Injunction -- Remedies -- Costs -- Attorneys' fees -- Time
limit for action.
SECTION 15. Chapter 9, Article VII, Section 9-388 of the Federal Way City Code is
hereby amended to read as follows:
9-388 Penalty for violation.
(a) Any person and the officers, directors, managing agents, or partners of any corporation, firm,
partnership or other organization or business violating or failing to comply with any of the provisions
of this article shall be guilty of a gross misdemeanor.
(b) In addition to the any penalties provided in this section, any condition caused or permitted
to exist in violation of any of the provisions of this article is a public nuisance and all remedies
given by law for the prevention and abatement of nuisances shall apply thereto. Further, each day
that such condition or violation continues shall be regarded as a new and separate offense and
shall be punished accordingly.
///
///
ORD # 02-629 ., PAGE 15
SECTION 16. A new section is added to Chapter 15, Article I, of the Federal Way
City Code to read as follows:
15-13 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference
(1) RCW 46.61.685, Leaving children unattended in standing vehicle with motor running -
Penal _ty.
(2) RCW 46.61.740, Theft of motor vehicle fuel.
SECTION 17. A new section is added to Chapter 15, Article II, of the Federal Way
City Code to read as follows:
15-61 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 38.52.010, Definitions.
(2) RCW 38.52.430, Emergency response caused by person's intoxication -- Recovery of costs
from convicted person.
SECTION 18. Severabilit¥. 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.
ORD # 02-429 , PAGE 16
SECTION 19. Ratification. Any and all acts consistent with the authority and prior
to the effective date of this ordinance are hereby ratified and affirmed.
SECTION 20. Effective Date. This ordinance shall take effect and be in force five
days from its passage, approval and publication, as provided by law.
2002.
PASSED by the City Council of the City of Federal Way this/a?//~.day of ~7~~
CITY OF FEDERAL WAY
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
10/29/02
1~/~9/02
~/23/02
11/28/02
02-429
K:\ORDIN2002 Criminal Code update
ORD # 02-429 ., PAGE 17