ORD 05-508
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ORDINANCE NO. ().s -SO,~
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 WAY(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
existence, 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 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 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.
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(3) RCW 69.41.040, Prescription requirements - Penalty.
(4) RCW 69.41.050, Labelling requirements.
(5) RCW 69.4 1.320, Practitioners - Restricted use - Medical records.
(6) RCW 69.41.350, Penalties.
(7) RCW 69.43.105. Ephedrine. pseudoephedrine. phenylpropanolamine -- Sales restrictions-
Exceptions - Penalty.
00 f71 RCW 69.43.010, Report to state board of pharmacy - List of substances - Modification
of list ~ Identification of purchasers - Report of transactions - Penalties.
(9) t8:) RCW 69.43.020, Receipt of substance from source outside state - Report - Penalty.
.QQ}-f9:) RCW 69.43.030, Exemptions.
.Q.1.} fl-Qj RCW 69.43.035, Suspicious transactions - Report - Penalty.
@ tI-B-RCW 69.43.043, Recordkeeping requirements - Penalty.
a~..Hl~ RCW 69.43.090, Permitto sell, transfer, furnish, or receive substance- Exemptions-
Application for permit - Fee - Renewal- Penalty.
llil flJj RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine - Sales
restrictions - Penalty.
.ail fl4t RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine ~ Possession of
more than fifteen grams - Penalty - Exceptions.
(16) RCW 69.43.170. Ephedrine. pseudoephedrine. phevlpropanolamine - Pilot project to record
retail transactions - Penalty.
illlJ-l~ RCW 69.50.101, Definitions.
.Q.ID fM1 RCW 69.50.204(d)(13), Schedule I - Marijuana.
.Q.2} f++1 RCW 69.50.309, Containers.
(20) fl-81 RCW 69.50.4014, Possession of forty grams or less of marijuana - Penalty.
G.D. 8-91 RCW 69.50.412, Prohibited acts: E - Penalties.
(22) ~ RCW 69.50.505, Seizure and forfeiture.
(23) ~ RCW 69.50.506, Burden of proof.
a1H~~ 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:
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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.I60. Failing to summon assistance.
(5) RCW 9A.36.16L Failing to summon assistance- Penalty.
fQl.f4:) RCW 9.61.230, Telephone calls to harass, intimidate, torment or embarrass.
ill tB RCW 9.61.240, Telephone harassment - Permitting telephone to be used.
00 f61 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~ RCW 9A.72.010, Definitions.
ill-f4) RCW 9A.72.040, False swearing.
~ RCW 9A.72.060, False swearing - Retraction.
~ RCW 9A.72.070, False swearing - Irregularities no defense.
00 -f:71 RCW 9A.72.080, Statement of what one does not know to be true.
(2} t8:) RCW 9A.72.140, Jury tampering.
.QQ} f9:) RCW 9A. 72.150, Tampering with physical evidence.
.Q.1.} fl-Qj RCW 9A.76.01O, Definitions.
.Ql} fl-B RCW 9A.76.020, Obstructing a public servant.
.Q.Il ~ RCW 9A.76.030, Refusing to summon aid for a peace officer.
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Ll4:} flJj RCW 9A.76.040, Resisting arrest.
(15) fl41-RCW 9A.76.050, Rendering criminal assistance - Definition of terms.
(lQl ~ RCW 9A.76.060, Relative defined.
.an fl-6j RCW 9A.76.070, Rendering criminal assistance in the first degree.
.Q.ID tl+1 RCW 9A.76.080, Rendering criminal assistance in the second degree.
U-...22 ~ RCW 9A.76.090, Rendering criminal assistance in the third degree.
(20) fl-9t RCW 9A.76.l00, Compounding.
Gll ~ RCW 9A.76.l60, Introducing contraband in the third degree.
(22) f2+) RCW 9A. 76.170, Bail jumping.
(23) ~ 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, ofthe 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:
(l) RCW 82.26.105. Inspection of books. documents. or records of carriers.
(2) RCW 82.26.140. Transport of tobacco products -- Requirements -- Vehicle inspection.
(3) RCW 82.26.150. Distributor's license. retailer's license -- Application -- Approval-- Displav.
(4) RCW 82.26.160. Distributor's license -- Application fees.
( 5) RCW 82.26.170. Retailer's license -- 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 -- Reauirements.
(9) RCW 82.26.210. Manufacturer's representatives - Reauirements.
SECTION 5. Chapter 15, Article.!, Section 15-10 of the Federal Way City Code is hereby
repealed as follows:
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15 10 Use af phato radar.
(a) Authority. Offieers of the King County poliee departmeHt, perf-orming servioes for the oity
pursuant to interlocal agreement between King County and the city of Federal Way or the dty's own
poliee offieers, may l:1se a deviee kno\yn. as a photo radar un.it. ..^L photo radar un.it deteets,
photographs, and reeords inf-ormation on every vehiele that passes a particular roadway location
while exceeding a eertain speed limit.
(b) Proeeame. If any vehiele has been deteeted as baving violated the speeding reskietions of
Chapter 15 FWCC, the lieense plate FlUmber whieh appears on the photograph which is taken by the
unit and the photograph. of the driver of the vehicle will be used to traoe the registered owner of the
';ehide tflrol:lgh the WashingtoH State Depar..meAt ofLieensing. The registered OWHer will then be
sent by regl;llar first dass mail within 10 days from the date of the offense a oitation and finelbail
schedule. The InfraetioH Rules for COl:1rts ofLimit~d Jurisdiotion (IRLJ) will then apply.
(0) Presuffil'ltioH regardin.g eertain traffic infraotions.
(1) If any vehiole is driven in violation of the speed restrietions of Chapter 15 FWCC, then proof
of the ideHtity ofilie person in whose name such '/ehicle is registered may be sl:1ffieieRt evidenee that
sueh person v/asresponsible for such violation, in the abseHee of probative oontrary evidence, and if
the ml:H'lieipal eourt is so persuaded.
(2) Nothing iH this seetiofl shall limit the defenses to Elr evideflee othenvise probative and
admissible conoerning sueh violatiofl or respoflsibility therefor.
(d) Duty tCl inform. The registered owner of the yehicle, if fol:ll'ld Hot the person r-esponsible for the
violation, shall at the request of the eourt or prosecutor, identify the perSOH respoHsible for the
violation, if known 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:
(1) RCW 46.61.685, Leaving children unattended in standing vehicle with motor running -
Penalty.
(2) RCW 46.61.740, Theft of motor vehicle fuel.
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(3) RCW 46.63.170. Traffic safety cameras.
SECTION 7. A new section is added to Article I, Chapter 15 ofthe Federal Way City Code
to read as follows:
15-14 Authoritv for local use of automated traffic safety cameras.
(1) Automated traffic safety cameras may be used to detect stoplight or school speed zone
violations. This section is intended to provide authorizing language as required under RCW
46.63.170.
(2) Use of automated traffic safety cameras is restricted to two-arterial intersections and school
speed zones only.
(3) Automated traffic safety cameras may onlv take pictures of the vehicle and vehicle license
plate and only while an infraction is occurring. The picture 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 clearly marked bv
placing signs. in locations that clearlv indicate to a driver that he or she is entering a zone where
traffic laws are enforced by 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 conjunction with an intersection traffic control svstem or a speed
measuring device. and a camera synchronized to automaticallv record one or more sequenced
photographs. microphotographs. or electironic images of the rear of a motor vehicle at the time the
vehicle fails to stop when facinl? a steady red traffic control signal or exceeds a speed limit in a
school zone as detected bv 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 46.63.030(1)
(at (b). or (c).
(7) This section shall be applied as proscribed by RCW 46.63.170.
SECTION 8. 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 affect
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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, approval and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this L day of tJ 0 J ,2005.
CITY OF FEDERAL WAY
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\../ a..... L / ~
MAYOR, DEAN MCCOLGA "'
ATTEST:
~~'CITYCLERK
APPROVED AS TO FORM:
r~. ~~__~_
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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