Ord 04-458
ORDINANCE NO. 04-458
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, 99-362, 00-367, 00-374,
01-401, 02-429)
WHEREAS, the City Code is at variance with state law with respect to the
existence, substance, description, and procedure of certain crimes and consequences,
WHEREAS, the State Legislature has modified state law regarding various
crimes and the consequences thereof,
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 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 I, Section 6-4 ofthe Federal Way City Code,
is hereby amended to read as follows:
6-4 Defenses.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 9A.12.01 0, Insanity.
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ORIGINAL
(2) RCW 9A.16.010, Definition.
(3) RCW 9A.16.020, Use of force - When lawful.
(4) RCW 9A.16.060, Duress.
(5) RCW 9A.16.070, Entrapment.
(6) RCW 9A.16.080, Action for being detained on mercantile establishment of
premises for investigation - "Reasonable grounds" as defense.
(7) RCW 9A.16.090, Intoxication.
(8) RCW 9A.16.120. Outdoor music festival. campç¡round - Detention.
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:
(1) 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.
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(5) RCW 66.20.310, Alcohol servers - Permits - Requirements - Suspension,
revocation - Violations - Exemptions.
(6) RCW 66.28.090, Licensed premises open to inspection - Failure to allow.
(7) RCW 66.28.200. Keq reqistration - Special endorsement for qrocery store
license - Requirements of seller.
(8) RCW 66.28.210. Keq reqistration - Requirements of purchaser.
(9) RCW 66.28.220. Keq reqistration - Identification of containers - Rules -
Fees - Sale in violation of rules unlawful.
(+10) RCW 66.44.010, Local officers to enforce law-Authority of board - Liquor
enforcement officers.
(811) RCW 66.44.040, Sufficiency of description of offenses in complaints,
informations, process, etc.
(912) RCW 66.44.050, Description of offense in words of statutes - Proof
required.
(1JQ) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
(11-t) RCW 66.44.070, Certified analysis is prima facie evidence of alcoholic
content.
(1~) RCW 66.44.080, Service of process on corporation.
(1§J) RCW 66.44.090, Acting without license.
(1Z4) RCW 66.44.100, Opening or consuming liquor in public place - Penalty.
(1§á) RCW 66.44.120, Unlawful use of seal.
(1~ê) RCW 66.44.130, Sale of liquor by drink or bottle.
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(U20) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without
stamp or seal - Unlawful operation, possession of still or mash.
(~18) RCW 66.44.150, Buying liquor illegally.
(W22) RCW 66.44.160, Illegal possession, transportation of alcoholic
beverages.
(2QJ) RCW 66.44.170, Illegal possession of liquor with intent to sell - Prima
facie evidence, what is.
(2~) RCW 66.44.175, Violations of law.
(2~.Q) RCW 66.44.180, General penalties - Jurisdiction for violation.
(2J§) RCW 66.44.200, Sales to persons apparently underthe influence of liquor.
(24Z) RCW 66.44.210, Obtaining liquor for ineligible person.
(2á§) RCW 66.44.240, Drinking in public conveyance - Penalty against carrier-
Exception.
(2ê~) RCW 66.44.250, Drinking in public conveyance - Penalty against
individual - Restricted application.
(~30) RCW 66.44.280, Minor applying for permit.
(~31) RCW 66.44.290, Minor purchasing liquor.
(29) RC\^/ 66.11.291, Penalty for minor purchasing or 3ttempting to purchase
liquor.
(3Q~) RCW 66.44.300, Treating minor, etc., in public place where liquor sold.
(3-tJ) RCW 66.44.310, Minor frequenting tavern or cocktail lounge,
misrepresentation of age.
(3~) RCW 66.44.320, Sales of liquor to minors a violation.
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(3J.§) RCW 66.44.325, Unlawful transfer to a minor of an identification card.
(34§) RCW 66.44.328, Unlawful to transfer to a minor of a forged, altered, etc.,
identification card.
(3áZ) 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.
(3ê§) 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.
(3+~) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
SECTION 3. 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 69.41.050. LabelinQ requirements - Penalty.
(3) RCV\' 69.11.070, Pon3lties.
(4) RCW 69.41.350. Penalties.
(4.§) RCW 69.43.010, Report to state board of pharmacy - List of substances-
Modification of list - Identification of purchasers - Report of transactions -
Penalties.
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(á§) RCW 69.43.020, Receipt of substance from source outside state - Report-
Penalty.
(êZ) RCW 69.43.030, Exemptions.
(1m RCW 69.43.035, Suspicious transactions - Report - Penalty.
(8m RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance -
Exemptions - Application for permit - Fee - Renewal - Penalty.
(910) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine -
Sales restrictions - Penalty.
(11Q) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine-
Possession of more than fifteen grams - Penalty - Exceptions.
(1~-t) RCW 69.50.101, Definitions.
(1J~) RCW 69.50.204(d)(13), Schedule I - Marijuana.
(11J) RCW 69.50.309, Containers.
(11) RCV'! 69.50.101(0), Prohibited 3ctS: ^ Penalties.
(15) RCW 69.50.4014, Possession of forty qrams or less of marihuana -
Penalty.
(1§á) RCW 69.50.412, Prohibited acts: E - Penalties.
(1Zê) RCW 69.50.505, Seizure and forfeiture.
(1§.1) RCW 69.50.506, Burden of proof.
(1~8) RCW 69.50.509, Search and seizure of controlled substances.
(W20) RCW 69.50.425, Misdemeanor violations - Minimum imprisonment.
SECTION 4. Chapter 6, Article VII, Section 6-161 of the Federal Way City Code,
is hereby amended to read as follows:
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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.
(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 9.60.010, Definitions.
(12) RCW 9A.60.040, Criminal impersonation in the first deqree.
(13) RCW 9A.60.045, Criminal impersonation in the second deQree.
(1ð1) RCW 9A.60.050, False certification.
SECTION 5. Chapter 6, Article IX, Section 6-211 of the Federal Way City Code,
is hereby amended to read as follows:
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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 rented. leased. or lease-purchased property.
(êZ) RCW 9A.56.140, Possessing stolen property - Definition, credit cards,
presumption.
(+§) RCW 9A.56.170, Possessing stolen property in the third degree.
(8~) RCW 9A.54.130, Restoration of stolen property - Duty of officers.
(910) RCW 9A.56.220, Theft of cable television services.
(1Q1) RCW 9A.56.240, Forfeiture and disposal of device used to commit
violation.
(1-t~) RCW 9A.56.260, Connection of channel converter.
(1~J) RCW 9A.56.270, Shopping cart theft.
(14) RCW 9A.56.280. Credit. debit cards. checks, etc. - Definitions.
(15) RCW 9A.56.330. Possession of another's identification.
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SECTION 6. Chapter 6, Article XII, Section 6-292 of the Federal Way City Code,
is hereby amended to read as follows:
6-292 Riot - Failure to disperse - Obstruction.
The following state statutes, including all future amendments, additions or
deletions, are adopted by reference:
(1) RCW 91.84.010(1), (2)(b ), Riot.
(2) RCW 9A.84.020, Failure to disperse.
(3) RCW 9.27.015, Interference, obstruction of any court, building or residence-
Violations.
SECTION 7. 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.
(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, Pet animals - Taking, concealing, injuring, killing, etc. -
Penalty.
(5) RCW 9.08.072. Transferrinq stolen pet animal to a research institution -
Penalty.
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(6) RCW 9.08.078. IlIeQal sale. receipt, or transfer of pet animals - Separate
offenses.
(an RCW 16.52.207, Animal cruelty in the second degree.
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.
SECTION 10. Effective Date. This ordinance shall take effect and be in force five
days from its passage, approyal and publication, as proYided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this -3Ldday of
Fphrl1:1ry
,2004.
CITY OF FEDERAL WAY
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MAYOR,
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ATTEST:
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APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A.RICHARDSON
FILED WITH THE CITY CLERK: 01/13/04
PASSED BY THE CITY COUNCIL: 02/03/04
PUBLISHED: 02/07/04
EFFECTIVE DATE: 02/12/04
ORDINANCE NO. 04-458
K:\ORDIN\Criminal update '03
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