ORD 05-502
ORDINANCE NO. OS-S02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6
OF THE FEDERAL WAY CITY CODE TO CRIMINALIZE
THE MAKING OR HAVING OF BURGLARY OR VEHICLE
THEFT TOOLS (Amending Ordinance No. 91-89)
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 ofthe 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 of the City; and,
WHEREAS, to better meet the needs of the City, and to address specific areas of criminal
conduct regulation, it is appropriate to add provisions which prohibit the making or possession of
burglary or vehicle theft tools.
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 IX, ofthe Federal Way City Code,
to read as follows:
6-216 Makine or havinf! burelarv or vehicle theft tools.
(a) Every person who shall make or mend. or cause to be made or mended. or have in his
possession, any engine. machine. tool. false key. pick lock. bit, nippers, implement, or any other item
ORD #05-502, PAGE 1 ORIGINAL
listed in subsection (b ). that is adapted. desi gned. or commonly used for the commission of burglary
or vehicle related theft, under circumstances evincing an intent to use or employ, or allow the same
to be used or employed in the commission of a burglary or vehicle related theft. or knowing that the
same is intended to be so used, shall be guilty of making or having burglar tools or vehicle theft
tools.
(b) The following tools are to be considered prohibited implements: slim iim. false master
key. master purpose key, altered or filed key. trial ("iiggler") keys. slide hammer. lock puller. or any
other implement shown by facts and circumstanees is intended to be used in the commission of a
burglary or vehicle involved theft.
(c) For the purposes hereof. the following definitions shall apply:
(1) False Master or Master key means: Any key or other device made or altered to fit
locks or ignitions of multiple vehicles. or vehicles other than that for which the key was originally
manufactured.
(2) Altered key: Any key so altered. by cutting. filing. or other means. to fit multiple
vehicles, or vehicles other than the vehicle for which the key was originally manufactured.
(3) Trial ("liggler") keys: Keys or sets designed or altered to manipulate a vehicle
locking mechanism other than the lock for which the key was originally manufactured.
(4) V chicle related theft: A theft of a vehicle or a theft from a vehicle.
(d) It shall be prima facie evidence of "circumstances evincing an intent to use for
commission of burglary or vehicle related theft" for a person to be in possession of more than three
vehicle keys. or altered vehicle keys unless such person is a bona fide locksmith or an employee of a
licensed auto dealer or other position for which the possession of such keys is required in the
ORD #05-502, PAGE 2
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performffilce of the person's duties.
( e) Making or having burglar or vehicle theft tools is a gross misdemeanor.
SECTION 2. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity of the application thereof to any person or circumstance, shall not ailect
the val idity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
SECTION 3. Ratification. Any and all acts consistent with the authority and prior to
the effective date of this ordinance are hereby ratified ffild affirmed.
SECTION 4. Effective Date. This ordinance shall take effect and be in force five
days irom its passage, approval and publication, as provided by law.
PASSED by the City Council ofthe City of Federal Way this 20tlday of September,
2005.
CITY OF FEDERAL WAY
J
J.. t;?Y ~,
,(fjY~ ;ZIc~ X-
MA YOR, DEAN McCOLGAN
ATTEST:
O~~ '
J as' vi 'f;'v~/ 1/l-k.r71"1 CITY CLERK
ORD # 05-502 , PAGE 3
APPROVED AS TO FORM:
Y, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 8/30/2005
PASSED BY THE CITY COUNCIL: 9/20/2005
PUBLISHED: 9/24/2005
EFFECTIVE DATE: 9/29/2005
ORDINANCE NO. 05-502
K:\ORDIN\2005\burglary ffild veh theft tools
ORD # 05-502 , PAGE 4