PRHSPSC PKT 10-10-2005
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & I)UHLJC SAFETY COMMITTEE
Monday, October] 0, 2005
5:30 p.m.
CityHaIJ
Hylehos Conference Room
1. CALL TO OHDER
2. PUBLIC FORUM
3. COMMISSION COMMENTS
4. APPROV AL OF SEPTEMBER] 2,2005 SUMMARY
5. COMMITTEli BUSINESS
A. Proposed Ordinance Updating Chapter 6, Criminal Code &
Chapter 15, Traffic Code
B. Ordinance Updating the Aggressive Begging Provisions of the
Criminal Code
Action
PearsaIJ
Action
Pearsall
6. PENDlNG ITEMS
. Community Center
. Thompson Property
. Animal Control
. Ilylehos Park
. Emergency Preparedness
7. NEXT MEETING - November 14, 2005 - in the Hylebos Conference Room
8. ADJOURNMENT
_".... ..__,_.______.'n ....._____..__.__..____
2005 Committee Members:
Jeanne Burbidge, Chair
.lack Dovey
.Iim Ferrell
Staff:
Donna }-Janson, Director
Mary Jaenicke, Administrative Assistant
835-6901
City of Federal Way
City Council
l'ARKS, RECIU~ATION, HUMAN SERVICES & I'UBLlC SAFETY COUNCIL COMMITTEE
I Monday, September 12,2005
5 :30 p.rn.
SUMMARY
In aUendanee: Couneil Committee members Chair Jeanne Burbidge, Jim Ferrcll, Jaek Dovey, Deputy Mayor Linda
Kochmar, Derek Mathcson, Assistant City Manager, Anne Kirkpatrick, Dircetor of'Public Saf'ety, Amy 10 Pearsall
City Attorney, Jenni Snell, City Attorney, Kelli O'Donnell CUBG Coordinator, Iwen Wang, Direetor Management
Serviees, Donna Hanson, Dircetor PRCS, B San(krs Park Planning & I )cvelopmen( Coordinator, Mary Jaenicke,
Adrninistrative Assistant.
Guests: Ed Sedlak, John Leskovar, Marie Sciaequa Citizen. Ron Walker, Diversity Commission, Jerry Thorseon,
Assistant Chief Federal Way Fire Department.
Chair Burbidge called the meeting to order at 5:33p.m.
PUBLIC FORUM
John Leskovar stated that he is interested in Public Safety issues. lIe is questioning how well this City is doing in
the area of public safety. He wants to know ifthis Committee functions as a support group for public safety, and if it
does, what does it do'! He would like to see public safety be broader than the police department. How does the
Committee support City Council'! Chief Kirkpatrick answered thaI the Committee is where she does business to
present agenda items that need to go before the full council. She also stated that this Committee has extended a lot
of support to the Publie Safety Department. Chair Burbidge stated that the Committee addresses issues of Public
Safety, Human Serviees and Parks & Recreation. Council member Ferrell stated that equipment requests, computer
system, bullet-proof vests, and issues that arc brought to the attention to the Committee by citizens are the types of
things that eome through the C0I111nittee. Council member Dovey stated that the Committee sets polieies and the
staff carries it out. lIe believes in letting citizens come f'orward wilh concerns. This allows the Council to research
the issue, and if therc is a better way to do business, then we ean make those changes.
Marie Sciacqml staled that her issues of concern arc enforcernent of tranIe codes, cornrnercial vehicles parking on
the right-of-ways, and f1reworks. Ms. Seiaequa spoke in favor of a stronger enforcement and more traff'ic tickets
issued to people that are violating the traff'ic codes. She also stated that it seems the fireworks arc getting worse and
would like to see something done about that. On a posilive note, she is the event chairwoman for the fundraising
Committee and they arc working very hard.
COMMISSION COMMKNT
None
API'ROV AL OF SUMMARY
Council members Dovey and FelTell moved (0 accept the August meeting minutes as written. Motion passed.
nUSINESS ITI~MS
Fireworks Update
Mr. Matheson stated that rcpresentatives from the City Managers Office, Police and Fire Department met to discuss
how they could increase their response to the illegal use of fireworks. The group has established two goals: I)
reduce the number of fires and injuries, and 2) reduee the number of fire related calls for service. They have
developed a work plan that is divided into three tiers: education, enforcement and legislation. They agrced that
education is going to be the most effective tool for redueing the use of fireworks, but there will be certain situations
where enforcement will bc neeessary. Mr. Matheson did highlight tbat one of the challenges for enf'oreement is that
firework users tend to be law-abiding citizens. They arc using fireworks as part of' a family and soeial gathering_
This will put offieers in a very diff'ieult position of eiting people in front of' their f'riel)lls and families. Mr. Matheson
also stressed that the Council members need to be aware that an increase in citations could possibly generate
complaints about enforcement. Mr. Mathcson reviewed the work plan. Council rnember Dovey asked if the
Committee should discuss whethcr or not fireworks should be banned in Federal Way. A lot of time and money is
going to be spent on an issue that staff will ncver be able to enforce. This will cause a lot of angry citizens in our
community. A lot of money has bccn spent with the police offieers, fire department and staff'trying to enforce
something that we'll never get our hands around. Council member Ferrell agreed that it would make it diff'icult to
PARKS, REClU:ATION, HUMAN SERVICES
& P{JBLlC SAFETY COUNCIL COMMITTEE
Monday September 12, 2005 Summary
Page 2
cite good people, and would turn neighbors onto neighbors. Chair I3urbidge believes that part of the problem is there
are people moving to Federal Way and arc not aware that fireworks are illegal, and this is one of the reasons why we
need to educate the public. The reason for cstablishing the Red, White and Blucs Fcstival was to give people a
venue to cnjoy fireworks under safe conditions. Assistant ChicfThorson statcd that the I3an on fireworks has been
successful, and there has been a dramatic reduction in incidents. He encouraged the city to continue the ban, and to
work strenuously on the education. The Fire Department doesn't want to issue citations to people in front of their
relatives either. Mr. Sedlak stated that he is not conccrned about the safe and sanc fireworks; he's concerned about
the roekct fireworks.} Ie belicvcs edueation is a good idea, but edueation needs to be backed up with enforcement.
Diversitv Commission Business Plan 2005-2006
Mr. Walker, Chair of the Diversity Commission presentcd the Business Plan. lie highlighted three projects: I)
Martin I~uther King Event, 2) Rook Donation, and 3) International Flag Colleetion. Thc book donation project
involves donating culturally diverse books to the local schools in Federal Way. Last year they donated
approximately 700 books. The Martin Luther King event has bcen expanded to a three day event. Friday, Saturday
and Monday. They will hold a leadership breakfast on Friday, Saturday will be a COlllmunity Serviee event with
Habitat for Humanity. The Thesis of the evcnt is: The future is not in the hands of the youth, but in the hands of
those that prepare the youth for thc future. The theme is: Preparing for the Future. Mr. Walker stated that there are
87 different languages spoken in Federal Way. The Commission would like to havea collection of Intcrnational
flags representing all of the nations that arc herc in Federal Way. Each community group is responsible for
purehasing thcir own flag at a cost of$250.00. Couneil member Dovey wanted it e1arified that the City will not
purchase flags for those countries that arc not able to afford to purchase thc flags themselves. Mr. Walker said that
this is an ongoing project and that not every group will have a flag. The precedence will be set that the group is
responsible for purchasing thcir own flag. They arc still trying to find a location to display the flags. Council
member Dovey moved to approve the 2005-2006 Diversity Commission Business Plan and place before the
full City Council for approval on October 4, 2005 meeting. Council member Ferrell seconded. Motion passed.
Federal Way Housin1! and Human Services Data
Ms. O'Donnell stated that thc biggest shortage, which is thc same for all of King County is housing available to
households making less than thc 30% of median income. This is something that will be addressed in the
Consolidatcd Plan. The market rate rental housing is considered affordablc if a household is spending less than 30%
of their monthly income on housing and utilities. In Federal Way the available data states that there are gaps in
affordable housing for households below 40% of median income. King County Housing Authority owns 143 units of
public housing in Federal Way. Therc arc also over 1,100 units ofSeclion 8 housing. Council member Dovey noted
that Table 14 shows a defieit of approximately 3,000 affordable units for households that have very Jaw incomes.
Council membcr Dovey statcd that perhaps Couneil needed to be more pro-active and havc a plan to solve the issue
of the lack of affordable housing in Federal Way. Ms. O'Donnell noted that this is only one data point that should be
considered with the other data on housing in the Consolidatcd Plan. Chair 13urbidge stated that one of the Councils
major endeavors is Economie Development. This would provide more resourees and more jobs_ Ms. O'Donncll
stated that staff is also looking into doing a one night count in January of 2006 to gathcr homeless data.
Recommcndations for the 2006 CDne Prol!.ram
Ms. O'Donnell prcsented the rccommendations for the 2006 CDHG Program. The total estimated amount of funding
available is $474,661. The l-luman Services Commission made their recommendations in the following funding
categories: $310,985 Capitall'rojeets, $81,838 Public Services, $81,838 Planning and Administration. They did not
open for Capital Projccts because of the time-line for the renegotiations with King County. Existing CDBG projeets
that already qualify for funding were eonsidered for 2006 funding. The three Capital Projects being recommended
are King County Housing Authority Southridgc House and Fire and Life Safety Sprinkler System, Multi-Service
Ccnter Employment Program, and Multi-Service Garden Park Apartments Rehab. Council member Dovey requested
a complcte analysis of the employment program. lie would like to know how many people have gone through the
program, the type of employment, and the hourly wagc they are paid. lle would like this included with the Council
Packet. Coimcil member Dovey moved to recommend approval of thc Preliminary 2006 CDBG Program that
includes: Preliminary funding levels for 2006 CDBC Capitall'rojects and Public Service Projects: Conditions
of Funding; a Contingency Plan should the funding increase or decrease, and the 2006 Planning and
Administration Budget. It is further moved that the City Manager be authorized to enter into thc required
agreements to carry out Federal Way's 2006 CUBG Ilrogram. This recommendation is to be forwarded to the
full City CoulIcil for consideration at the September 20, 2005 meeting. Council member Burbidge seconded.
Motion passed. COUl1cil member Ferrell recu~'ed himself, he serves 011 the Boardfor the Multi-Service Center.
PARKS, RKCRKATJON, IWMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTKK
Monday September 12, 2005 Summary
Page 3
Chanl!.cs to HomeSi2ht Fi,'st Homes l'rol!.ram
Ms. O'Donnell stated that IlomeSight is a program for first time homebuyers. The program provides purchase
assistance and aff'ordable first mortgages for cligible buycrs. Thc City of Federal Way has $ 195,000 in thc program
with $140,000 of matching funds from the County Housing Opportunity Fund and thc HOME program. As loans are
repaid, thesc funds revolvc back to assist additional clients. lIomeSight has requested changes to the program to
rcspond to tIle currcnt market eonditions. They have ask cd for 5 revisions, but city and county staff arc
recommending that only two of the proposed changcs be approved: 1) Increase the loan limit from $25,000 to
$35,000; and 2) dcfer payments ofthc loans at the 30 year pcriod or until salc or rcfinance orthe property. This is
similar to the housing repair program. The defcrmcnt of rcpaynlent ofthc principal and intercst will reduce the
financial burden on lowcr ineome homebuyers. Chair Burbidge requestcd a list of housing in thc City that the City of
Federal Way has assisted with funding. Council member Dovey moved to rccommend that the City of Federal
Way concur with the rcqucsted ehangcs to thc I-1omesight First Homes program to incrcase the loan amount
to $35,000 and to defer loan repayments until refinance or sale. This recommendation is to be forwarded to
the full City Council on the Consent Agenda at the September 20, 2005 meeting. Council member Fcrrell
seconded. Motion passed.
Madrona Park - Award Contrad for PlaVl!.round Equipment
Ms. Sanders reported that Madrona Park is ncaring completion. The next step is purchasing and installing the
playground equipment. Funding for the project is through CDBG. The total amount provided is $75,000. Proposals
were scnt out to three companies on thc small works roster. Council member Dovey moved to recommend this
item to be placed on the Council Consent Agenda Scptember 20, 2005 for award of contract for Madrona
Park Playground equipment to Northwest Playground Equipment Inc. for $73,162.23, and authorize the City
Manager to cxecute contract. Council mcmbcr Ferrell seconded. Motion passed.
Departmcnt of Homeland Security Buffer Zone Grant for Wild Waves & I<:nchanted VilIa!!c - $50,000 Grant
Chief Kirkpatrick reported that she was approached by the division head ofI Jomcland Security in Seattle, and was
told that they had identified Wild Waves and Enchanted Village as meeting the criteria to coordinate a Buffer Zone
Protection Plan. Thc Department has dceided that the best use ofthc $50,000 grant is to upgrade the size of van that
is utilizcd for the bomb disposal unit and bomb disposal equipment. The Department will be rcceiving a robot from
the FBI. Thc robot that they arc going to reeeive will not fit into the van that the Department currently has. Council
member Dovey moved to authorize the l'olil~e Dcpartment to receive the $50,000 DHS Grant, and forward to
full Council for approval on Septcmber 20, 2005. Council mcmbcr Ferrcll scconded. Motion passed.
Chair Burbidge stated she has received copies of letters from members of the community thanking the Federal Way
Police Department for their services.
PKNI>ING ITEMS
Emergency Preparedness
ANNOUNCEMENTS
None
NJi:XT MEETING - October 10,20055:30 p.m. in the Hylebos Conference Room
AnJOURNMI<:NT ~ Mecting adjourned at 7:03p.m.
5.A
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
October 10, 2005
FROM:
Parks Recreation, Cultural Ser~nd Public Safety Committee
David H. Moseley, City Mana~ V
Patricia A. Richardson, City Attorney ~~
TO:
VIA:
SUBJECT:
Proposed Ordinance Updating Chapter 6, Criminal Code and Chapter 15,
Traffic Code.
Policv Issues:
Should the City Council pass the proposed Ordinance to update the City Code to reflect the
changes in state law?
Backeround:
The Washington State Legislature has modified state laws regarding various crimes and the
consequences thereof, including restricting the sale of pseudoephedrine, criminalizing failure to
summons assistance in certain circumstances, criminalizing interference with search and rescue
dogs, criminalizing the failure to tax stamp tobacco products, and authorizing the limited use of
traffic safety cameras. These proposed amendments to Chapter 6 and Chapter 15 reflect the
changes in state law. The additions arc necessary to ensure consistent enforcement of the
criminal laws.
Changes in state law require repealing Chapter 15, Article I, Section 15-10, which had allowed
for the use of a photo radar unit. Subsequent state law has specifically limited how photo traffic
enforcement may be conducted; therefore, it would be appropriate to repeal Section 15-10 and
adopt the new law under Chapter 15-13.
Options:
Option One. Recommend approval of the proposed Ordinance and forward to full Council Cor
first reading at the October 18, 2005, City Council Meeting.
Option Two. Suggest modifications to the proposed Ordinance and provide direction to staff.
f\- ,
Staff Recommendation:
Staff recommends that the Parks, Recreation, Human Services, and Public Safety Council
Committee recommend approval of the proposed Ordinance and forward to full Council for
first reading at the Oetober 18,2005, City Council Meeting. (Option 1)
Committee Recommendation:
Forward option _ to the full City Council for first reading at the October 18,2005, City
Council meeting.
II APPROVAL OF COMMITTEE ACTION:
II
Committee Chair
Committee Member
Committee Member
K:\AGNDITEM\2005\PRHSPS\criminallaw update 2005.doc
(\-2-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING
CHAPTER 6, ARTICLES IV, VIII, XI, XIII, AND CHAPTER
15, ARTICLE I OF THE CRIMINAL AND TRAFFIC CODES
OF THE CITY OF FEDERAL W A Y(Amending Ordinance
Nos. 91-89, 91-106, 94-222, 95-254, 99-362, 00-374, 01-401,02-
429,04-458,04-463)
WHEREAS, the State Legislature has recodified state law regarding various crimes and the
consequences thereof; and
WHEREAS, the Federal Way City Code is at variance with state law with respect to the
existenee, substance, description, or procedure of certain crimes and consequences; and
WHEREAS, the Federal Way City Council finds that it is in the best interest of its citizens to
update the Criminal and Traffic Codes of the City Code to be more in accordance with state law in
order to ensure more eonsistent 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 IV, Seetion 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, arc 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.
,PAGE 1
ORD#
(\--3
(3) RCW 69.41.040, Prescription requirements - Penalty.
(4) RCW 69.41.050, Labelling requirements.
(5) RCW 69.41.320, Practitioners - Restricted use - Medical records.
(6) RCW 69.41.350, Penalties.
(7) RCW 69.43.105, Ephedrine, pseudoephedrine, phenvlpropanolamine -- Sales restrictions-
Exceptions - Penalty.
00 fl1 RCW 69.43.010, Report to state board of pharmacy - List of substances - Modification
of list - Identification of purchasers - Report of transactions - Penalties.
(9) f8:) RCW 69.43.020, Reeeipt of substance from source outside state - Report - Penalty.
Q..Q}-f91 RCW 69.43.030, Exemptions.
a..u f-l-()1 RCW 69.43.035, Suspicious transactions - Report - Penalty.
(U} f-H+RCW 69.43.043, Recordkeeping requirements - Penalty.
.Ql} f-l-2j RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance - Exemptions-
Application for permit - Fee - Renewal - Penalty.
!.lil fl-Jj RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine - Sales
restrictions - Penalty.
(l2} fl41 RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine - Possession of
more than fifteen grams - Penalty - Exceptions.
(16) RCW 69.4 3.170, Ephedrine, pseudoephedrine, phevlpropanolamine - Pilot proiect to record
retail transactions - Penalty.
l.l1l~ RCW 69.50.10 I, Definitions.
.aID ~ RCW 69.50.204(d)(13), Schedule I - Marijuana.
.Q2) f-l-+1 RCW 69.50.309, Containers.
(20) (+81 RCW 69.50.4014, Possession of forty grams or less of marijuana - Penalty.
flD fl-9j RCW 69.50.412, Prohibited acts: E - Penalties.
(22) ~ RCW 69.50.505, Seizure and forfeiture.
@fU-tRCW 69.50.506, Burden of proof.
@l.~ RCW 69.50.509, Search and seizure of controlled substances.
SECTION 2. Chapter 6, Article VIII, Section 6-186 of the Federal Way City Code is
hereby amended to read as follows:
ORD#
, PAGE 2
~-L,I
6-186 Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RCW 9A.36.041, Assault in the fourth degree.
(2) RCW 9A.36.050, Reckless endangerment.
(3) RCW 9A.36.070, Coercion.
(4) RCW 9A.36.160. Failing to summon assistance.
(5) RCW 9A.36.161, Failing to summon assistance- Penaltv.
fQ1J4j RCW 9.61.230, Telephone calls to harass, intimidate, torment or embarrass.
ill ~ RCW 9.61.240, Telephone harassment ~ Permitting telephone to be used.
00 f6t RCW 9.61.250, Telephone harassment - Offenses, where deemed committed.
SECTION 3. 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 7.80.160, Fail to sign 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.
ill-fJ} RCW 9A.72.010, Definitions.
f1.}f4j RCW 9A.72.040, False swearing.
fQ}f~ RCW 9A.72.060, False swearing - Retraction.
f.Z}t6j RCW 9A.72.070, False swearing ~ Irregularities no defense.
00 -fB RCW 9A. 72.080, Statement of what one does not know to be true.
ill f8j RCW 9 A. 72.140, Jury tampering.
.QQl f9:) RCW 9A.72.150, Tampering with physical evidence.
.liil f-Wj RCW 9A.76.01 0, Definitions.
{!2} f+B RCW 9A.76.020, Obstructing a public servant.
(ll} fh!:) RCW 9A.76.030, Refusing to summon aid for a peace officer.
ORD#
, PAGE 3
f\,-S
(l4) f-lJ) RCW 9A.76.040, Resisting arrest.
(15) f-l-4)-RCW 9A.76.050, Rendering criminal assistance ~ Definition ofterms.
[lQl ~ RCW 9A.76.060, Relative defined.
.Q1} fl-6t RCW 9A.76.070, Rendering criminal assistance in the first degree.
(l[l 8--'7t RCW 9A.76.080, Rendering criminal assistance in the second degree.
il.2} fl-8) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(20) fl-91 RCW 9A.76.100, Compounding.
.Ql} fWj RCW 9A.76.160, Introducing contraband in the third degree.
(22) (Uj RCW 9A.76.170, Bail jumping.
Q1) ~ RCW 9A.76.175, Making a false or misleading statement to a public servant.
(24) ~ RCW 9A.84.040, False reporting.
SECTION 4. A new section is added to Chapter 6, Article XIII, of the Federal Way City
Code, to read as follows:
6-325 Enforcement of Tax on Tobacco Products.
The following state statutes. including all future amendments. additions or deletions. are adopted
by reference:
(1) RCW 82.26.105. Inspection of books. documents. or records of carriers.
(2) RCW 82.26.140. Transport of tobacco produets -- Requirements -- Vehicle inspection.
(3) RCW 82.26.150. Distributor's license. retailer's license -- Application -- Approval-- Dis1;)lav.
(4) RCW 82.26.160. Distributor's license -- Application fees.
(5) RCW 82.26.170. Retailer's Iieense -- Application fee.
(6) RCW 82.26.180. Department web site listing distributors and retailers.
(7) RCW 82.26.190. Distributors and retailers -- Valid license required -- Violations -- Penalties.
(8) RCW 82.26.200. Sales from distributors to retailers -- Requirements.
(9) RCW 82.26.210. Manufacturer's representatives - Requirements.
SECTION 5. Chapter 15, Article I, Section 15-10 of the Federal Way City Code is hereby
repealed as follows:
ORD#
, PAGE 4
1\-\0
15 10 Use of photo radar.
(a) Authority. Officers of the King County polioe department, performing serviocs for the city
pursuant to interloeal agreement between King County und the city of Federal Way or the city's own
police officers, may use a devico kno'Nn as a photo radar unit. ^ photo radar unit detects,
photographs, and records information on eyery vehiele that passes a particular roadway location
while exceeding a certain speed limit.
(b) Procedure. If any vehiole has been detected as having violated the speeding restrictions of
Chapter 15 FWCC, the license plate n1:lmber ,,,,hioh appoars on the photegraph whieh is taken by the
1:lnit and the photograph of the driver of the vehicle ..viII be used to trace the registered owner of the
vehicle through the Washington State Department of Licensing. The registered owner will then be
sent by regular first dass mail within 10 days from the dute of the offense a citation and fine/bail
sehedule. The Infraction Rules for Courts of Limited Jurisdiction (IRLJ) will then apply.
(c) PresHmption regarding certain traffic infractions.
(I) If an)' vehicle is driyen in yiolation oftRo speed restriotions of Chapter 15 FWCC, then proof
of the identity of the person in whose name such vehicle is registered may be sufficient evidence that
such person was responsible for such violation, in the absence of probative contrary evidence, and if
the municipal court is so persuaded.
(2) Nothing in this section shall limit the defenses to or eyidenee otherwise probative and
admissible concerning such violation or responsibility therefor.
(d) Duty to infonn. The registered owner of the vehicle, if found not the person responsible for the
violation, shall at the request of the court or prosecutor, identiC)' the person responsible for the
yiolation, if Imov,'O at the time.
SECTION 6. Chapter 15, Article I, Section 15-13 of the Federal Way City Code is hereby
amended as follows:
15-13 Traffic statutes adopted'.
The following state statutes, including all future amendments, additions or deletions, are adopted by
reference:
(I) RCW 46.61.685, Leaving children unattended in standing vehicle with motor running -
Penalty .
(2) RCW 46.61.740, Theft of motor vehicle fuel.
ORD#
, PAGE 5
f\-,
(3) RCW 46.63.170. Traffic safety cameras.
SECTION 7. A new section is added to Article I, Chapter 15 of the Federal Way City Code
to read as follows:
15-14 Authority for local use of automated traffic safety cameras.
(1) Automated traffic safety cameras mav be used to detect stoplight or school speed zone
violations. This seetion is intended to provide authorizing language as required under RCW
46.63.170.
(2) Use of automated traffic safetv cameras is restricted to two-arterial intersections and school
speed zones onlv.
(3) Automated trafflc safety eameras may only take pictures of the vehicle and vehicle license
plate and on Iv while an infraction is occurring. The pieture must not reveal the face of the driver or
of passengers in the vehicle.
(4) All locations where an automated traffic safety camera is used must be clearlv marked by
placing signs in locations that clearlv indicate to a driver that he or she is entering a zone where
traffle laws are enforced bv an automated traffic safety camera.
(5) For the purpose of this section. "automated traffic safety camera" means a device that uses a
vehicle sensor installed to work in coni unction with an intersection traffic control svstem or a speed
measuring device. and a camera svnchronized to automaticallv record one or more sequeneed
photographs. microphotographs. or electironic images of the rear of a motor vehicle at the time the
vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed limit in a
sehool zone as detected by a speed measuring device.
(6) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic
infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.0300)
(a). (b). or (c).
(7) This section shall be applied as proscribed by RCW 46.63.170.
SECTION 8. Severability. Theprovisions 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 ofthe application thereof to any person or circumstance, shall not affect
ORD#
, PAGE 6
A-'b
the validity of the remainder of the ordinanee, 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 foree five days
from its passage, approval and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this _ day of
,2005.
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
ATTEST:
,CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\ORDIN\2005\Criminal update '05
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CITY OF FEDERAL WAY
MEMORANDUM
DATE:
October 10, 2005
VIA:
Parks, Reereation, Human serv~~ Public Safety Committee
David H. Moseley, City ManagbU '^ ~
Patricia A. Richardson, City Attorney ~.w-
TO:
FROM:
SUBJECT: Ordinance Updating the Aggressive Begging Provisions of the Criminal
Code
Policv Issue
Should the Federal Way City Code, Chapter 6, Criminal Code be amended to update the
Aggressi ve Begging provisions?
Back2round
The City has received an increasing number of complaints regarding activities at off-
ramps and along the public rights-of-way. The City currently has an aggressive begging
provision in its Criminal Code, but most times the activities complained of do not amount
to a crime under the current code. As a result, the following amendments are proposed to
respond to the concerns of citizens by adding provisions to address the potential for
impeding pedestrians and traffic, exploiting children, and using false or misleading
material to compel citizens to give money.
Other municipalities in South King County have also implemented similar ordinances
prohibiting aggressive begging. The adoption of this amendment would facilitate law
enforcement and protect the citizens of Federal Way.
Options
Option One. Recommend approval of the proposed Ordinance and forward to full Council
for first reading at the October 18, 2005 City Council Meeting.
Option Two. Suggest modifications to the proposed Ordinance and return to the Law
Department.
Option Three. Reject the proposed Ordinance.
D-\
Staff Recommendation:
Staff recommends that the Parks, Recreation, Human Services, and Public Safety Council
Committee recommend approval of the proposed Ordinance, amending Chapter 6, Article
VIII, Section 6-188 of the Federal Way City Code, and forward to full Council for first
reading at the October 18, 2005 City Council Meeting. (Option I)
Committee Recommendation:
Move approval of the proposed Ordinance and forward to the full City Council for first
reading at the October 18, 2005 City Council meeting.
APPROV AL OF COMMITTEE ACTION:
Committee Chair
Committee Member
Committee Member
K:\agnditem\2005\PRHSPS\092705 aggressive begging
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OJ?
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 OF
THE FEDERAL WAY CITY CODE, SECTION 6-188 RELATING
TO AGGRESSIVE BEGGING (Amending Ordinance Nos. 91-89
and 94-214).
WHEREAS, the City of Federal Way is a non-charter codc city under the laws of the State of
Washington and, as such, has the power to enact ordinances for the protection of the publie health, safety
and general welfare and for other purposes; and
WHEREAS, the current provisions of the Federal Way City Code include regulation of activity
that involves aggressive begging, such as intimidation, false or misleading activities, or activities that
involve safety concerns for people; and
WHEREAS, because there is an increase of activities at off-ramps and along public rights-of-way
that interfere with or potentially jeopardize the safety of pedestrians or vehicular traffic, it is appropriate
that the provisions of the aggressive begging ordinance be modified to assure a better ability of the law
enforcement officials to protect thc safety of the publie that may otherwise be threatened;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 6, Article VIII, Section 6-188 of the Federal Way City Code is
hereby amended to read as follows:
6-188
Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place in the city as
those terms are defined by this section_
(b) As used in this section:
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(I) Aggressive begging shall mean fito beg with intent to intimidate another person into
giving money or goods, (b) to be? with th~ LIse of Ltlse ormisleading informati9.11.,lc) to be~ \Y:!Jh or
to involve a<;Ji"jties that are unsafe or dang~rolls to any person or prOpe11y or to be}; at locatioJls or in
!l manner that threatens the safetv of persons or propel-tv pI' that impedes or thr~_<1!~ns to impedt;':
pedestrian Qr vehicular traffie, (d) to beg in a manl]~Jh!!t exploits children, Qr (e) to \villfullv provide
or deliver or attempt to provide or deliver unrequested or unsolicited services or Pt:Q5J.ucts with a
demand or eX~.!!Lon of pressure for payment in retu1l1.
(2) Beg shall.means to ask for money or goods as a charity, whether by words, bodily
gestures, signs or other means.
(3) Intimidate 5hall means to engage in conduct which would make a reasonable person
fearful or feel compelled.
(4) Public place shall mean any road, alley, lane, parking area, sidewalk or any place, private
or otherwise, adopted to and fitted for vehicular or pedestrian travel, that is in common use by the
public with the consent, expressed or implied, of the owner or owners, and further, any public
playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-
of-way open to the use of the public.
(5) Ex,pJoit children shall mean using children in an unethical. selfish. QL~busive manner or in
any other manner that gives an unfair advantage,
Section 2. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentenee, paragraph, subdi vision, section, or portion of this ordinance or the
invalidity of the application thereof to any person or cireumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to other persons or circumstances.
Seetion 3. Ratification. Any and all acts eonsistent with the authority and prior to the effective
date of this ordinance are hereby ratified and affirmed.
Section 4. 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 Way this ~ day of
,2005.
CITY OF FEDERAL WAY
MA YOR, DEAN MCCOLGAN
A TIEST:
JASON SUZAKA, INTERIM CITY CLERK
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APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITr [ THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ACCEPTANCE:
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