ORD 06-518ORDINANCE NO. 010.513
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON, AMENDING
CHAPTER 6, ARTICLES IV AND VII OF THE
CRIMINAL CODE AND ADDING ARTICLE X TO
CHAPTER 15 OF THE TRAFFIC CODE OF THE CITY
OF FEDERAL WAY.
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 of the 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 adopt the crime of
Counterfeiting, make Drug- Related Loitering a crime, and specifically provide for Non - Felony
Vehicular Assault and Hit and Run Pedestrian; and
WHEREAS, the Federal Way City Council finds that it is in the best interest of its
citizens to update the City Criminal Code and the Traffic and Vehicle Chapter of the City Code
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,
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new section is added to Chapter 6, Article IV of the Federal Way
City Code to read as follows:
6 -91 Drug - Related Loitering,
(a) It is unlawful for any person to loiter in or near any thoroughfare, place open to the
public, or near any public or private place in a manner and under circumstances manifesting the
intent to enga e ig� n drug- related activity contrary to any of the provisions of Chapters 69.41,
69.50, or 69.52 RCW.
(b) Among circumstances which maybe considered to determine whether such intent is
manifested are:
(1) Such person is known to use, possess, or sell illegal drugs. For purposes of
this chapter, a "person known to use, possess, or sell illegal drugs" is a person who has
been convicted in any court within this state of any violation involving the use,
possession or sale of any of the substances referred to in Chapters 69.41, 69.50, and
69.52 RCW, or substantially similar laws of any political subdivision of this state or of
any other state; or a person who displays physical characteristics of drug intoxication or
usage, such as "needle tracks "; or a person who possesses drug paraphernalia as defined
in FWCC 6 -88;
(2) Such person behaves in such a manner as to raise a reasonable suspicion that
he or she is about to engage in or is engaged in an unlawful drug - related activity,
including but not limited to acting as a "lookout";
(3) Such person is physically identified by the officer as a member of a "gang"
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or association which has as its purpose illegal drug activity;
(4) Such person transfers small objects or packages for currency in a furtive
fashion;
(5) Such person takes flight upon the appearance of a police officer;
(6) Such person manifestly endeavors to conceal him or herself or any object
which reasonably could be involved in an unlawful drug- related activity;
(7) The area or premises involved is known by law enforcement to be an area of
unlawful drug use and trafficking, known either by public reputation or by reports to law
enforcement of suspected drug activity ctivity pursuant to Chapter 69.52 RCW;
(8) Any vehicle involved is registered to a person known to use, possess or sell
illegal drugs, or a person for whom there is an outstanding warrant for a crime involving
drug- related activity.
(c) AU person who violates the provisions of this section is guilty of a misdemeanor
and, upon conviction, shall be imprisoned for up to ninety (90) days and be subject to a fine for
not more than $1,000.00.
6-94- 6 -92-6 -110 Reserved.
SECTION 2. A new section is added to Chapter 6, Article VII of the Federal
Way City Code to read as follows:
6 -164 Brand and marks, crimes relating to.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 9.16.005, Definitions.
(2) RCW 9.16.030, Counterfeit mark -- Intellectual property.
ORD # - / , PAGE 3
(3) RCW 9.16.035, Counterfeiting— Penalties.
€1546- 155- -6 -1$5 Reserved.
SECTION 3. A new article is added to Chapter 15, Traffic and Vehicles, of the Federal
Way City Code to read as follows:
Article X- Vehicle crimes against persons
15 -260 Vehicular Assault, nonfelony.
(1) A person is guilly of vehicular assault, nonfelony, when he or she (1) knowingly
operates or knowingly is in actual physical control of a vehicle, and (2), while doing so
commits any act defined as an infraction under Chapter 15, FWCC or Title 46 RCW; and (3)
such conduct is a proximate cause of death, great bodily harm or substantial bodily harm to
another. As used in this section, "great bodily harm" and substantial bodily harm" have the
same meanings as in RCW 9A.04.110 and "vehicle" has the same meaning as in RCW
46.04.670, as those statutes now exist or may hereafter be amended. This section is intended
to protect the public welfare. No mens rea element that is not specifically stated in this
section shall be inferred or required. Prosecution or punishment under this section shall not
preclude separate prosecution or punishment for any other crime.
(2) Any person who violates the provisions of this section is guilty of a gross
misdemeanor and, upon conviction, shall be imprisoned for up to one (1) year and be subject
to fines of no more than $5,000.00.
15 -261 Hit and Run, Pedestrian,
(1) The driver of any vehicle involved in an accident with a pedestrian whether or
not apparent injury occurs, shall immediately stop such vehicle at the scene of such accident
or as close thereto as possible but shall then immediately return to, and in every event
remain at, the scene of such accident until he or she has fulfilled the requirements of
subsection (2) of this section; every such stop shall be made without obstructing_ traffic more
than is necessary. For the purpose of this section, "pedestrian" shall be defined as "any
person who is afoot or who is using a wheelchair, a power wheelchair, or a means of
ORD # 0(� -5(�, , PAGE 4
conveyance propelled by human power other than a bicycle" as defined under RCW
46.04.400.
(2) Unless otherwise provided in subsections (3) or (4) of this section, the driver of
M vehicle involved in an accident with a pedestrian shall give his or her name, address,
insurance company, insurance policy numer, and vehicle license number and shall exhibit
his or her vehicle driver's license to-My person struck or injured and shall render to any
person injured in such accident reasonable assistance, including, the carrying or the making
of arrangements for the carrying of such person to a physician or hopsital for medical
treatment if it is apparent that such treatment is necessary or if such carryin is s requested by
the injured person or on his or her behalf. Under no circumstances shall the rendering of
assistance or other compliance with the provisions of this subsection be evidence of the
liability of any driver for such accident.
(3) If none of the persons specified are in condition to receive the information to
which they otherwise would be entitled under subsection (2), and no police officer is
present, the driver of any vehicle involved in such accident, after fulfilling all other
requirements of subsections (1) and (2) of this section insofar as possible, shall immediately
report such accident to the nearest office of the duly authorized police authority and submit
thereto the information specified in subsection (2) of this section.
(41 This section shall not apply to any person injured or incapacitated by such
accident to the extent of being physically incapable of complying _with this section.
(5) Any person who violates the provisions of this section is guilty of a gross
misdemeanor and, upon conviction, shall be imprisoned for up to one (1) year and be subject
to fines of no more than $5,000.00.
SECTION 4. 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
ORD # r, < ( , PAGE 5
persons or circumstances.
SECTION 5. Ratification. Any and all acts consistent with the authority and prior to the
effective date of this ordinance are hereby ratified and affin -ned.
SECTION 6. 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 4�1day of
N 11.
CITY OF FEDERAL WAY
MAYOR, MIC L PARK
ATTEST:
r
CITY qLERK, LAURA 4ATHAWAY, CMC
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\2006 \Criminal update 06first.doc
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