ORD 09-601
ORDINANCE NO. 09-601
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO CRIMINAL LAW
REPEALING SECTIONS, ADDING SECTIONS, AND AMENDING
SECTIONS IN CHAPTER 1, ARTICLE II; CHAPTER 5, ARTICLE VIII;
CHAPTER 6, ARTICLES 1,4,7,10, AND 12; CHAPTER 11, ARTICLE III;
CHAPTER 13, ARTICLES 6 AND 7, CHAPTER 14, CHAPTER 15,
CHAPTER 16, CHAPTER 17, AND CHAPTER 22 OF THE FEDERAL
WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing
the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through
this process has found redundant sections and language as well as unclear sections, inaccurate
sections, and other sections that could be revised for better readability and workability; and
criminal provisions can be simplified and consolidated;
WHEREAS, adoption of certain state criminal procedures, a general adoption of state
misdemeanors, and adoption of certain criminal enforcement provisions would be beneficial to
the City and certain Code provisions need to be modified to match state law requirements in
areas of criminal procedure, firearms, massage practitioners;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended
to change numbering or formatting changes that occur pursuant to the reorganization of the Code
and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of
the City to update its code, and amending these sections bears a substantial relation to public
health, safety, or welfare of the people of Federal Way; is consistent with the applicable
provisions of the comprehensive plan; and is in the best interest of the residents of the city;
Ordinance No 09-601
Page 1 of23
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 1, Article II, Section 1-13, of the Federal Way City Code shall be
amended to read as follows:
1-13 General penalty.
(a) Unless otherwise provided, any person violating any of the provisions or failing to comply
with any ofthe mandatory requirements of this Code or any ordinance of the city, or any rule or
regulation adopted by the city council pursuant thereto, shall be guilty of a misdemeanor. Except
in cases where a different punishment is prescribed by this Code or any ordinance of the city, any
person convicted of a misdemeanor under this Code or the ordinances of the city shall be
punished by a fine not to exceed $1,000 or imprisonment for a period of not more than 90 days
or by both such fine and imprisonment.
(b) This section shall not prcclude and shall be deemed to be in addition to administrative and
civil remedies as may be set forth in this Code or ordinances of the city, including but not limited
to F'."VCC 1 11 through 1 25. Enforcement under this section, or any criminal enforcement,
proceedings, or sanctions of any Code provision, is in addition to and does not preclude or limit
any other forms of enforcement available to the City including, but not limited to, enforcement
under any provision of Chapter 1.15 FWRC, nuisance actions, actions for iniunctions, or any
other civil or equitable actions to abate, discontinue, correct, or discourage unlawful acts in
violation of this Code.
( c) Each and every day during any portion of which a violation of any of the provisions of this
Code or the ordinances of the city is committed and occurs or continues shall be deemed to be is
a separate offense.
SECTION 2. Chapter 4, Article I, Section 4-15 of the Federal Way City Code is hereby
repealed as follows:
4 15 Unlawful aets against poliee department dogs Penalty for violatioB.
(a) No person shall wilfully torment, torture, beat, kick, strike or harass any dog used by a police
department for police work, or othenvise interfere with the use of any such dog for police v/ork
by said department or its officcrs or mcmbers.
(b) }~ny person '.vho violates subsection (a) of this section shall be deemed guilty of a
misdemeanor, punishable by not more than 90 days in jailor not more than $250.00 fine, or both.
SECTION 3. Chapter 5, Article VIII, Section 5-219, of the Federal Way City Code
(FWRC 13.40.030) is hereby repealed as follows:
5 219 Violations and penalties.
}~ny person violating any of the provisions of this Code shall be dcemed guilty of a
misdemeanor, and each such person shall be deemed guilty of a separate offense for each and
Ordinance No 09-601
Page 2 of23
every day, or portion thereof, during which any violation of any of the provisions of this article is
committed, continued, or permitted, and upon conviction of any such violation such person shall
be punishable as provided in FWCC LlJ.. (Ord. No. 90 56, ~ 8,5 1 90; Ord. No. 95 231, S 1,6
6-%j
SECTION 4. Chapter 6, Article I, Section 6-7, of the Federal Way City Code (FWRC
6.05.070) shall be amended to read as follows:
6-7 Penalty.
(a) Unless otherwise provided, any Afty person convicted of a gross misdemeanor shall be
punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed one
year, or by both such fine and imprisonment.
(b) Unless otherwise provided, any person convicted ofyiolating the pro';isions of this
chapter shall be guilty of a misdemeanor tmd shall be punished by a fine not to exceed $1,000 or
by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment.
(c) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50
RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive
hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine
shall not be less than $500.00. These fines shall be in addition to any other fine or penalty
imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a
substantial risk to the defendant's physical or mental well-being or that local jail facilities are in
an overcrowded condition, the minimum term of imprisonment shall not be suspended or
deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a
minimum of 40 hours of community service. If a minimum term of imprisonment is suspended
or deferred, the court shall state in writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
SECTION 5. Chapter 6, Article I, Section 6-8, of the Federal Way City Code shall be
amended to read as follows:
6-8 Adoption of Statutes. Construction.
mIn adopting the state statutes by reference, only those crimes and offenses within the
jurisdiction of a municipality are intended to be adopted and, in those sections adopted which
deal with both misdemeanors and felonies, only the language applicable to misdemeanors and
gross misdemeanors is to be applied (including to the extent that an anticipatory offense would
be a misdemeanor or gross misdemeanor). By adopting state statutes, the city intends to assume
iurisdiction over and become the iurisdictional authority for the enforcement and prosecution of
misdemeanor and gross misdemeanor crimes. Whenever the word state shall appear in any
statute adopted by reference in this chapter, the word city shall be substituted: provided,
however, the term city shall not be substituted for the term state in those circumstances that set
forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute
specifically adopted in this chapter refers to another state statute not specifically adopted in this
chapter, the statute referred to shall be given the force and effect necessary to enforce the statute
Ordinance No 09-601
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specifically adopted in this chapter. When issuing a citation, information, or complaint for the
violation of any section of the RCW adopted by this chapter, it shall be sufficient for a
commissioned officer or prosecutor to cite to and refer to the RCW section number.
(2) With the exception of the RCW sections set forth in subsection (4) of this section or other
RCW sections that are otherwise specifically disavowed in this Code, all RCW sections that
constitute misdemeanors and gross misdemeanors and the RCW sections necessary for the
investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors
and gross misdemeanors are hereby adopted by reference, and shall be given the same force and
effect as if set forth herein in full. The fact that sections of this Code adopt by reference specific
sections of the RCW shall not affect this section. Sections of the Code that specifically recite
that sections of the RCW are not adopted or do not apply shall control over this section.
(3) All class C felony crimes set forth in the RCW are hereby adopted by reference for
the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth
in Chapter 9A.28 RCW. The adoption of class C felonies shall be subiect to the provisions
of subsection (1) and (2) of this section.
(4) The following RCW sections are specifically not adopted:
(a) RCW 9A.16.110 Defending against violent crime - Reimbursement.
(5) If any chapter, section, subsection, sentence, or provision of this title, or its application to
any person or circumstance is held invalid, the remainder of this title, or the application of the
chapter, section, subsection, sentence, or provision to other persons or circumstances is not
affected, and to this end, the chapters, sections, subsections, sentences and provisions of this title
are declared to be severable.
(6) The provisions of this title are intended to create a duty to the public in general and not to
create any duty to individuals or to any particular class of individuals. These provisions are not
for the protection of any person or class of persons.
SECTION 6. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-10 RCW Title 10. entitled "Criminal Procedure" - Adoption bv reference.
The following RCW sections are adopted by reference:
(1) RCWlO.I 4.1 20 Disobedience of order- Penalties.
(2) RCW 1 0.14.170 Criminal penalty.
(3) RCW 10.31.030 Service - How - Warrant not in possession, procedure - Bail.
(4) RCW 10.31.040 Officer may break and enter.
(5) RCW 10.31.050 Officer may use force.
(6) RCW 10.31.060 Arrest by telegraph or teletype.
(7) RCW 10.31.100 Arrest without warrant.
(8) RCW 10.99.010 Purpose - Intent.
(9) RCW 10.99.020 Definitions.
(10) RCW 10.99.030 Law enforcement officers - Training, powers, duties - Domestic
violence reports.
(11) RCW 10.99.040 Duties of court - No-contact order.
(12) RCW 10.99.045 Appearances by defendant - No-contact order.
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(13) RCW 10.99.050 Victim contact - Restriction, prohibition - Violation, penalties-
Written order - Procedures - Notice of change.
(14) RCW 10.99.055 Enforcement of orders.
(15) RCW 10.99.060 Prosecutor's notice to victim - Description of available procedures.
(16) RCW 10.99.070 Liability of peace officers.
SECTION 7. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-11 Bail forfeiture
A court may accept, in an amount and through a process agreed to by the parties, a forfeiture of
bail as a final disposition of a criminal charge or an infraction under this Code when agreed to by
both the prosecutor and the defendant or respondent. A court may accept a forfeiture of bail as a
final disposition of a criminal charge under this Code when the defendant fails to respond to a
notice or summons to appear, having previously posted a bail amount; one year has passed; and
the prosecutor agrees.
SECTION 8. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-12 Probation violations.
It is a misdemeanor for any person who has been convicted of a criminal offense, and has
been placed, and remains, on probation in connection with a suspended or deferred sentence
by a court to knowingly violate any provision of a court's probation order.
SECTION 9. A new section is added to Chapter 6, Article I, of the Federal Way City
Code to read as follows:
6-13 Jurisdiction
The following persons are subiect to punishment:
1. A person who commits in the city any crime as defined by ordinance, in whole or part;
2. A person who commits out of the city any act which, if committed within it, would be theft
and is afterward found in the city with any ofthe stolen property;
3. A person who being out of the city, counsels, causes, procures, aids, or abets another to
commit a crime in the city;
4. A person who commits an act without the city which affects persons or property within the
city which, if committed within the city, would be a crime.
SECTION 10. Chapter 6, Article IV, Section 6-86, of the Federal Way City Code (FWRC
6.10.040) shall be amended to read as follows:
6-86 Statutes adopted.
Ordinance No 09-601
Page 5 of23
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 69.41.040, 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, phenylpropanolamine - Sales restrictions
- Exceptions - Penalty.
(8) RCW 69.43.010, Report to state board of pharmacy - List of substances - Modification
oflist - Identification of purchasers - Report of transactions - Penalties.
(9) RCW 69.43.020, Receipt of substance from source outside state - Report - Penalty.
(10) RCW 69.43.030, Exemptions.
(11) RCW 69.43.035, Suspicious transactions - Report - Penalty.
(12) RCW 69.43.043, Recordkeeping requirements - Penalty.
(13) RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance - Exemptions -
Application for permit - Fee - Renewal - Penalty.
(14) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine - Sales restrictions
- Penalty.
(15) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine - Possession of
more than fifteen grams - Penalty - Exceptions.
(16) RCW 69.43.170, Ephedrine, pseudoephedrine, phenylpropanolamine - Pilot project to
record retail transactions - Penalty.
(17) RCW 69.50.101, Definitions.
(18) RCW 69.50.204(d)(13), Schedule I Marijuana.
(19) RCW 69.50.309, Containers.
(20) RCW 69.50.4014, Possession of forty grams or less of marijuana - Penalty.
(21) RCW 69.50.412, Prohibited acts: E - Penalties.
(22) RCW 69.50.505, Seizure and forfeiture.
(23) RCW 69.50.506, Burden of proof.
(24) RCW 69.50.509, Search and seizure of controlled substances.
(Ord. No. 91-89, S 1(9.14.010),3-5-91; Ord. No. 99-362, S 2,12-21-99; Ord. No. 02-429, S
4, 11-19-02; Ord. No. 04-458, S 3, 2-3-04; Ord. No. 04-463, S 2, 8-3-04; Ord. No. 05-508, S 1,
11-1-05)
SECTION 11. Chapter 6, Article IV, Section 6-91, ofthe Federal Way City Code (FWRC
6.10.090) shall be amended 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
engage in drug-related activity contrary to any of the provisions of Chapter 69.41, 69.50, or
69.52 RCW.
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Page 60f23
(b) Among circumstances which may be 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" 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 himself 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 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) Any person who violates the provisions of this section is guilty of a misdemeanor aHd,
upon conviction, shall be imprisoned for up to 90 days and be subject to a fine for not more than
$1,000.
(Ord. No. 06-518, S 1,3-7-06)
SECTION 12. Chapter 6, Article VII, Section 6-161, of the Federal Way City Code
(FWRC 6.40.010) shall be amended to read as follows:
6-161 Frauds and swindles.
The following state statutes, including all futute 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.
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Page 70J23
(11) RCW 9A.56.330, Possession of another's identification.
(12) RCW 9.60.010, Definitions.
(13) RCW 9A.60.040, Criminal impersonation in the first degree.
(14) RCW 9A.60.045, Criminal impersonation in the second degree.
(15) RCW 9A.60.050, False certification.
(16) RC\V 19.18.110, Obtaining hotel, restaurant, lodging house, ski area, etc.,
accommodations by fraud Penalty.
fl--1t-RCW 74.08.331, Unlawful practices - Obtaining assistance - Disposal of realty-
Penalties.
(Ord. No. 91-89, S 1(9.22.010),3-5-91; Ord. No. 95-254, S 1,12-5-95; Ord. No. 00-374, S 4,
9-19-00; Ord. No. 04-458, S 4, 2-3-04; Ord. No. 04-463, S 3, 8-3-04)
SECTION 13. Chapter 6, Article VI, Section 6-138, of the Federal Way City Code shall
be amended to read as follows:
6-138 Weapons prohibited on liquor sale premises.
(a) It is a misdemeanor for anyone, on or in any premises in the city where alcoholic beverages
are dispensed by the drink to:
(1) Carry in any manner any firearm, ritle or handgun, whether such person has a license or
permit to carry such firearm or not, and whether such firearm is concealed or not in that portion
of an establishment classified by the state liquor control board as off-limits to persons under 21
years of age;
(2) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade of a
length of three inches or more, or any razor with an unguarded blade, whether such weapon or
instrument is concealed or not;
(3) Carry any instrument or weapon of the kind usually known as a slingshot, taser, throwing
star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe, bar, club or
combination thereof including a device known as numchuk sticks, or any like device having the
same or similar components or parts, whether or not connected by a rope, chain or other device,
or any explosive or any poison or injurious gas, or any other instrument or weapon apparently
capable of producing bodily harm, whether such instrument or weapon is concealed or not.
(b) The provisions of subsection (a) of this section shall not apply to or affect the following:
(I) Any lawful act committed by a person while in his or her fixed place of business;
(2) Any person who by virtue of his or her office or public employment is vested by law with a
duty to preserve public safety, maintain public order, or to make arrests for offenses, whether
during regular duty hours or not; or
(3) Any person making or assisting in making a lawful arrest for the commission of a felony.
(c) Upon conviction, the weapon or instrument involved may be confiscated by order of the court
and shall thereafter be disposed of in accordance with statutes or ordinances governing the
disposal of confiscated or found property.
(Ord. No. 91-89, S 1(9.20.030),3-5-91)
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Page 80f23
SECTION 14. Chapter 6, Article VI, Section 6-139, of the Federal Way City Code shall
be amended to read as follows:
6-139 Firearms prohibited in certain places - Exceptions - Penalty.
(a) It is unlawful for any person to enter the following places when he or she knowingly
possesses or knowingly has under his or her control a firearm:
(1) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the
confinement of a person:
a. Arrested for, charged with, or convicted of an offense;
b. Charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020;
c. Held for extradition or as a material witness; or
d. Otherwise confined pursuant to an order of a court, except an order under Chapter 13.32A or
13.34 RCW.
Restricted access areas do not include common areas of egress or ingress open to 'the general
public.
Exception. This subsection does not apply to a person licensed pursuant to RCW 9.41.070 who,
upon entering the place or facility, directly and promptly proceeds to the administrator of the
facility or the administrator's designee and obtains written permission to possess the firearm
while on the premises or checks his or her firearm. The person may reclaim the firearms upon
leaving but must immediately and directly depart from the place or facility.
(2) A courtroom or judge's chamber, while either is being used for any judicial proceeding. This
does not include common areas of egress and ingress of the courthouse.
Exception. This subsection does not apply to a judge or court employee or to any person licensed
under RCW 9.41.070 who, before entering the restricted area, directly and promptly proceeds to
the court administrator or the administrator's designee and obtains written permission to possess
the firearm.
(3) The restricted access areas of a public mental health facility certified by the department of
social and health services for inpatient hospital care and state institutions for the care of the
mentally ill, excluding those facilities solely for evaluation and treatment. Restricted areas do not
include common areas of egress and ingress open to the general public.
Exception. This subsection does not apply to any administrator or employee of the facility or to
any person who, upon entering the place or facility, directly and promptly proceeds to the
administrator of the facility or the administrator's designee and obtains written permission to
possess the firearm while on the premises.
(4) That portion of an establishment classified by the state liquor control board as off-limits to
persons under 21 years of age.
Exception. This subsection does not apply to the proprietor of the premises or his or her
employees while engaged in their employment.
(5) The council chambers of the city council.
(b) The provisions of this section do not apply to:
(1) A person engaged in military activities sponsored by the federal or state governments while
engaged in official duties;
(2) Law enforcement personnel; or
(3) Security personnel while engaged in official duties.
( c) Any person violating this section is guilty of a ~misdemeanor.
Ordinance No 09-601
Page 9 of 23
SECTION 15. Chapter 6, Article VI, Section 6-140, of the Federal Way City Code shall
be amended to read as follows:
6-140 Discharge of firearms prohibited.
(a) It is unlawful for any person to knowingly discharge a firearm where there is a reasonable
likelihood of ieopardy to people. property. or animals within the city.
(b) The provisions of this section do not apply to:
(1) A person engaged in military activities sponsored by the federal or state governments, while
engaged in official duties;
(2) Law enforcement personnel; or
(3) Security personnel while engaged in official duties;
(4) A person utilizing a properly licensed instructional, membership and/or commercial shooting
range.
(Ord. No. 91-89, S 1(9.20.050),3-5-91)
SECTION 16. Chapter 6, Article VII, Section 6-163, of the Federal Way City Code shall
be amended to read as follows
6-163 Forgery, nonfelony.
(a) A person is guilty of forgery, nonfelony, if, with intent to injure or defraud:
(1) He falsely makes, completes, or alters a written instrument; or
(2) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he
knows to be forged; or
(3) The total amount ofloss by the victims of the forgery is less than $10600.00.
(b) Forgery, nonfelony, is a gross misdemeanor.
(c) This section is intended to supplement city jurisdiction in cases of forgery declined by the
county. If a person is charged with forgery under state law for a particular incident, they shall not
be charged under this section. If a state agency wishes to charge a forgery case under state law
the city shall dismiss its case to allow that to happen.
(Ord. No. 02-429, S 5, 11-19-02)
SECTION 17. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code (FWRC 6.40.050) to read as follows:
6-165 fFWRC 6.40.0501 Massa2e practitioners.
It shall be unlawful for any person to practice or represent himself or herself as a massage
practitioner without first applying for and receiving a license to practice from the State
Department of Licensing. RCW 18.108.190 is adopted by reference. To the extent authorized
by RCW 18.108.190. city law enforcement officers shall have the authority to inspect the
premises of any business where massages are given. Failure to have a license as required by this
section is a misdemeanor.
Ordinance No 09-601
Page 10 of23
SECTION 18. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code (FWRC 6.40.060) to read as follows:
6-166rFWRC 6.40.0601 Crimes involvine: business ree:ulations
The following state statutes are adopted by reference:
(1) RCW 19.48.110, Obtaining hotel, restaurant, lodging house, ski area, etc.,
accommodations by fraud - Penalty
(2) RCW 19.60.066, Prohibited acts - Penalty.
SECTION 19. A new section is added to Chapter 6, Article VII, of the Federal Way City
Code (FWRC 6.40.070) to read as follows:
6-167 rFWRC 6.40.0701 Crimes involvine: pawnbrokers and secondhand dealers.
Every pawnbroker or secondhand dealer and every clerk, agent or employee of such pawnbroker
or secondhand dealer, who commits the following acts is guilty of a misdemeanor:
(1) Falsifies, obliterates, destroys orremoves from his or her place of business such book or
record:
(2) Refuses to allow a representative of the law enforcement authority for the city to inspect the
same, or any goods in his or her possession, during the ordinary hours of business:
(3) Reports any material falsely to the law enforcement authority for the city:
(4) Fails before close of business on the first day of the week to furnish the law enforcement
authority for the city with a full, true and correct transcript of the record of all transactions had
during the past business week:
(5) Fails to report forthwith to the law enforcement authority for the city that possession of any
property which he or she may have good cause to believe has been lost or stolen, together with
the name of the owner, ifknown, and the date when received, and the name of the person from
whom the same was received:
(6) Removes or allows to be removed from his or her place of business except upon redemption
by the owner thereof, any property received within five years after receipt thereof has been
reported to the law enforcement authority for the city:
(7) Receives any property from any person which he or she has good cause to believe is lost or
stolen:
(8) Refuses to return property which has been identified as stolen or pawned without
authorization, to any person the pawnbroker, a clerk or employee knows to be the rightful owner,
or to charge a fee for the return of such property to the rightful owner:
(9) Violates any provision of FWCC Chapter 9, Article V [FWRC Chapter 12.15] by an act of
either omission or commission.
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Page 11 of 2 3
SECTION 20. A new section is added to Chapter 6, Article VIII, of the Federal Way City
Code to read as follows:
6-194 Violation of no contact and protection orders.
It is a gross misdemeanor to wilfully disobey a temporary or permanent no contact or protection
order issued pursuant to Chapter 10.99 RCW or Chapter 26.50 RCW.
SECTION 21. Chapter 6, Article X, Section 6-236, of the Federal Way City Code
(FWRC 6.45.010) shall be amended to read as follows:
6-236 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWCC 1-2.
The following \vords, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Act of prostitution or prostitution means shall mean engaging, offering to engage, or agreeing to
engage in sexual contact or sexual conduct with any person in return for a fee.
Actor means shall mean a person who engages in conduct in violation of this article.
Exposed means shall mean the state of being revealed, exhibited or otherwise rendered to public
VIew.
Expressive dance means shall mean any dance which, when considered in the context of the
entire performance, constitutes an expression of theme, story, or ideas, but excluding any dance
such as, but not limited to, common barroom-type topless dancing which, when considered in the
context ofthe entire performance, is presented primarily as a means of displaying nudity as a
sales device or for other commercial exploitation without substantial expression of theme, story
or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently
offensive way and lacks serious literary, artistic, political or scientific value.
Fee means shall mean money, any negotiable instrument, any good or service having value, or
any other consideration.
Known prostitute or panderer means shall mean a person wh<,>, within one year prior to the date
of arrest for a violation of this article, has been convicted of violating a criminal violation of any
ordinance or law of any jurisdiction within the state of defining and punishing prohibiting acts of
soliciting, committin& or offering or agreeing to commit prostitution.
Person shall mean and include natural persons of either sex, firms, corporations and all
associations of natural persons, whether acting by themselves or by an agent, servant or
employee.
Sexual conduct means shall mean:
(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however
slight;
(2) Any penetration of the vagina or anus, however slight, by an object, when committed on
one person by another, whether such persons are of the same or opposite sex, except when such
penetration is accomplished for medically recognized treatment or diagnostic purposes;
(3) Any act of sexual contact between persons involving the sex organs of one person and the
mouth or anus of another whether such persons are of the same or opposite sex; and
Ordinance No 09-601
Page 12 of 23
(4) Masturbation, manual or instrumental, of one person by another.
Sexual contact means shall mean any touching of the sexual or other intimate parts of a person
done for the purpose of gratifying sexual desire of either party.
(Ord. No. 90-53, S 1,4-17-90; Ord. No. 91-89, S 1(9.30.010),3-5-91; Ord. No. 91-94, S 1,5-7-
91)
SECTION 22. Chapter 6, Article X, Section 6-237, of the Federal Way City Code
(FWRC 6.45.020) shall be amended to read as follows:
6-237 Indecent exposure.
(a) A person is guilty of indecent exposure if he or she intentionally makes any open and
obscene exposure of his person or her person or the person of another knowing that such conduct
is likely to cause reasonable affront or alarm. The act of breast-feeding or expressing breast milk
is not indecent exposure.
(b) Indecent exposure to a person under the age of 14 years is a gross misdemeanor.
(c) Indecent exposure to a person aged 14 years or older is a misdemeanor.
(d) For purposes of this section, "obscene exposure" includes, but is not limited to:
(1) Exposure of any portion of the human anus or genitals;
(2) Exposure of any portion of the female breast lower than the upper edge of the areola;
(3) Exposure consisting oftouching, caressing or fondling ofthe male or female genitals
or female breasts, whether clothed or unclothed;
(4) Exposure consisting of masturbation;
(5) A public urination or defecation in a place other than a restroom.
(Ord. No. 91-89, S 1(9.30.020),3-5-91; Ord. No. 00-374, S 8,9-19-00; Ord. No. 02-429, S 7,
11-19-02)
SECTION 23. Chapter 6, Article X, Section 6-239, of the Federal Way City Code
(FWRC 6.45.040) shall be amended to read as follows:
6-239 Prostitution - Unlawful acts - Penalty.
(a) It is unlawful for anyone to:
(1) Intentionally engage in or offer or agree to engage in an act of prostitution;
(2) Intentionally secure or offer to secure another person for the purpose of engaging in an act of
prostitution;
(3) Intentionally transport a person into or within the city with the purpose of promoting that
person's engaging in an act of prostitution, or procuring or paying for transportation with that
purpose;
(4) Intentionally receive, offer or agree to receive a person into any place or building for the
purpose of performing an act of prostitution, or to knowingly permit a person to remain there for
any such purpose;
(5) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution;
(6) Intentionally in any way aid, abet or participate in an act of prostitution;
(7) Remain in or near any street, sidewalk, alleyway or other place open to the public with the
intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of
Ordinance No 09-601 Page 13 of 23
prostitution. Among the circumstances which may be considered in determining whether the
actor intends such prohibited conduct are:
a. The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in
conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving
of arms or any other bodily gesture;
b. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to
stop pedestrians;
c. The actor inquires whether a potential patron, procurer or prostitute is a police officer,
searches for articles that would identify a police officer, or requests the touching or exposing of
genitals or female breasts to prove that the person is not a police officer;
(8) Intentionally enter or remain in any area of prostitution in violation of a condition of
sentence;
(9) Intentionally permitting prostitution if, having possession or control of premises which he
knows are being used for prostitution purposes, he fails without lawful excuse to make
reasonable effort to halt or abate such use.
(b) Prostitution or permitting prostitution A violation of any part of this section is a
misdemeanor.
SECTION 24. Chapter 6, Article X, Section 6-240, of the Federal Way City Code is
hereby repealed as follows:
() 240 Prostitution Probation violations.
(a) As used in this section, "probationer" means any person who, after conviction of a violation
ofthis article, King County Code Chapter 12.63~ or Chapter 9A.88 RC'N, or has been placed on
probation in connection with the suspension or deferral of sentence by either a district or
municipal court ofthis county or the county superior court.
(b) Vlhenever a police officer shall have probable cause to believe that a probationer, prior to the
termination of the period of his or her probation, is, in such officer's presence, violating or
failing to comply with any requirement or restriction imposed by the court as a condition of such
probation, such officer may cause the probationer to be brought before the court wherein
sentence was deferred or suspended, and for such purpose such police officer may arrest such
probationer without warrant or other process.
SECTION 25. Chapter 6, Article X, Section 6-242, of the Federal Way City Code shall
be amended to read as follows:
6-242 Patronizing a prostitute.
A person is guilty of the misdemeanor of patronizing a prostitute if:
(1) Pursuant to a prior understanding he or she intentionally pays a fee to another person as
compensation for such person or a third person having engaged in sexual conduct or sexual
contact with him or her;
(2) He or she intentionally pays or agrees to pay a fee to another person pursuant to an
understanding that in return therefor exchange such person or a third person will engage in
sexual conduct or sexual contact with him or her; or
Ordinance No 09-601
Page 14 of23
(3) He or she intentionally solicits or requests another person to engage in sexual conduct or
sexual contact with him or her or a third person in return for a fee.
SECTION 26. Chapter 6, Article X, Section 6-246, of the Federal Way City Code shall
be amended to read as follows:
6-246 Stay out of areas of prostitution orders.
(aD Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued
by the Federal Way municipal court to anyone charged with or convicted of prostitution or
permitting prostitution under FWCC 6-239, patronizing a prostitute under FWCC 6-242. or a
criminal violation of any ordinance or law of any iurisdiction within the state prohibiting acts of
soliciting. committing. or offering or agreeing to commit prostitution. as a condition of pre-trial
release, as a condition of a diversion agreement. or as a condition of sentence or other post-
conviction disposition.
(b) SO"^~P orders may be issucd by the Federal Way municipal court to anyone convicted of
prostitution or pcrmitting prostitution under FWCC 6 239.
(c) 'Nhcnever a police officer shall havc ~probable cause to believe that a person has rcceived
a SOAP order as a pre trial rcJease or a condition of sentencc, and thc violation or failurc to
comply with any requirement or restriction imposcd by the court as a condition of such pre trial
release or condition of sentcncc is observcd by the officcr, such officer may arrest the violator
'.vithout \-'{arrant or othcr proccss f{)f violation of the SO"^~P order pursuant to subsection (g) of
this section, and bring such person beforc thc court issuing the order.
(d) The illASOAP order shall warn the person named in the order to stay out of the following
"high risk prostitution area". in substantially similar form:
The entire area which extends 1,000 feet east of the eastern edge of the right-of-way of State
Route 99, and 1,000 feet west of the western edge of the right-of-way of State Route 99, and
including the entire right-of-way of State Route 99, also known as Pacific Highway, throughout
the city limits of Federal Way as shown on the map attached to the ordinance codified in this
section as an exhibit and on file with the city clerk's office. (This shall extend from the
northmost eity line to the southmost city line.)
(3) The written SOAP order shall contain the court's directive and shall bear the legend, in
substantially similar form: "Violation of this order is a criminal offense under FWCC 6-236 and
will subiect the violator to arrest."
(4) A SOAP order may allow the person named to cross the high risk prostitution area while
traveling directly across from east to west or west to east without stopping. and only to the extent
necessary to facilitate travel from one area outside the high risk prostitution area to another.
-fet-ill A person is deemed to have notice of the SOAP order when:
fB.@} The signature of the person named in the order or his/her attorney is affixed to the bottom
ofthe order, signifying that he/she has read the order and has knowledge of the contents of the
order; or
~.f.Q} The order recites that the person named in the order or the person's attorney appeared in
person before the court.
(f) The written SOAP order shall contain the court's directive and shall beilr the legend:
"Violation of this ordcr is a criminal offense undcr FVlCC 6 236 and will subjcct the violator to
arrest. "
Ordinance No 09-601
Page 15 of23
(g) 'Whenever a SOAP order is issued under this section, and the person named in the order
knows ofthe order, a (6) A knowing violation of the provisions of the a SOAP order is a
misdemeanor.
SECTION 27. A new section is added to Chapter 6, Article XI, of the Federal Way City
Code to read as follows:
6-273 Unlawful acts a2.ainst police department animal- Penalty for violation.
No person shall willfully hit, kick, strike, iniure, harass, obstruct, or otherwise interfere with the
use of any animal used by a police department for police work. Any person who violates this
section is guilty of a misdemeanor.
SECTION 28. Chapter 6, Article XII, Section 6-291, of the Federal Way City Code
(FWRC 6.55.010) shall be amended to read as follows:
6-291 Disorderly conduct.
RCW 9A.84.030, including all future amendments, additions or deletions is adopted by
reference. (Ord. No. 91-89, S 1(9.34.010),3-5-91; Ord. No. 00-374, S 15,9-19-00) 07-561
SECTION 29. A new section is added to Chapter 6, Article XII, ofthe Federal Way City
Code (FWRC 6.55.055) to read as follows:
6-296 rFWRC 6.55.0551 Disorderlv conduct in a park.
A person is guiltv of disorderly conduct in a park ifhe or she, while in a public park:
(l) Intentionally and without lawful authority makes noise which unreasonably disturbs
others:
(2) Intentionally engages in any conduct which tends to or does disturb the public peace,
provoke disorder or endanger the safety of others:
(3) Challenges another person to fight, or fights by agreement, except as part of an organized
athletic event: or
(4) Fails to leave a park when directed to do so by a City of Federal Way parks employee or a
police officer.
SECTION 30. Chapter 11, Article III, Section 11-69, of the Federal Way City Code is
hereby repealed as follows:
11 69 Disorderly eORduet.
A person is guilty of disorderly conduct in a park ifhe or she:
(1) Uses abusive language and thereby intentionally creates a risk of assault;
(2) Intentionally disrupts any lm'lful assembly or meeting of persons '.vithout authority;
(3) Intentionally obstructs vehicular or pedestrian traffic '..vithout lawful authority;
Ordinance No 09-601
Page 16 of23
(4) Intentionally and without lawful authority makes nOIse 'Nhich unreasonably disturbs
others;
(5) Intentionally engages in any conduct which tends to or does disturb the public peace,
provokc disorder or endangcr thc safcty of othcrs;
(6) Challcnges another pcrson to fight, or fights by agrcement, cxcept as part of an organized
athletic cvcnt; or
(7) Fails to leavc a park when directcd to do so by a city of Federal 'Nay parks employee or a
police officcr. (Ord. No. 91 82, S 1 (9)V1), 1 8 91; Ord. No. 01 396, S 6, 7 3 01)
SECTION 31. Chapter 11, Article III, Section 11-70, of the Federal Way City Code is
hereby repealed as follows:
11 70 Unlawful public exposure.
(a) It is unlawful for any person to intentionally commit any act constituting unla\vful public
exposure of his or hcr pcrson or thc person of another. Unla\vful public exposure is a
misdcmcanor, unlcss such pcrson cxposes himself or herself to a person under the age of 11
ycars, in which case the offense is a gross misdemeanor.
(b) For thc purposes of this scction, thc phrasc "unlmvful public exposurc" means:
(1) l. public exposurc of any portion of thc human anus or genitals;
(2) ^ public cxposurc of any portion of the femalc breast 10'.ver than the upper edge of thc areola;
(3) A public exposurc consisting of touching, caressing or fondling ofthe male or female genitals
or female breasts, v;hether clothed or unclothcd;
(1) ^ public cxposurc consisting of masturbation;
(5) A public urination or defecation in a place other than a restroom. (Ord. No. 91 82, S 1(9)(B),
1 8 91; Ord. No. 01 396, S 7, 7 3 01)
SECTION 32. Chapter 11, Article III, Section 11-72, of the Federal Way City Code shall
be amended to read as follows:
11-72 Firearms and fireworl(s. Fireworks. explosives. and proiectile weapons
Firearms, The possession or use of fireworks, bows, arrows~ airguns, explosives of any kind, and
sling-shots are~prohibited in any park. It is unlav/ful to shoot, fire or explode any firearms,
fireVlorks, firecracker, torpedo or explosive of any kind or carry any firearms or to shoot or firc
any airgun, bows, and arrows, BB gun or usc any slingshot in any park. The director of parks
may issue permits for fireworks displays and the use of safe fireworks in specified areas where
fire hazards will not be increased~ aHd where the use of the fireworks will be under proper
supervision~ and where the provisions ofFWCC chapter 8 article IV are met. are permitted
pursuant to FWCC 8 111. Fircworks displays may be permitted by the director as permitted
pursuant to FWCC 8 141. This section shall not prevent establishment in any park of a properly
designed archery course, upon rcccipt or permission from pursuant to the requirements of the
director.
Ordinance No 09-601
Page 17 of23
SECTION 33. Chapter 11, Article III, Section 11-76, of the Federal Way City Code is
hereby repealed as follows:
11 76 Loitering.
Loitering is prohibited in restrooms and bathhouses in park and recreation facilities. (Ord. No.
91 82, S 1(11), 1 8 91)
SECTION 34. Chapter 13, Article V, Section 13-122, of the Federal Way City Code shall
be amended to read as follows:
13-122 Violations and penalties.
(1) A person commits the offense of unlawful right-of-way activity if the person knowingly
organizes or participates in an activity on public rights-of-way in violation of this article.
(2) A person commits the offense of interfering with afl a right-of-way activity ifthe person
knowingly blocks, obstructs, hinders, impedes the passage of, or throws objects on or toward an
activity on public right-of-way or its participants; except that a person may operate a vehicle that
is not part of the activity between the vehicles or persons comprising an activity if directed to do
so by a police officer.
(3) Any person violating or failing to comply with any of the provisions of this article is guilty of
a gross misdemeanor. may be punished by a fine of not more than $5,000 or imprisoned for not
more than six months, or both, for each day or part of a day during which the unlawful act or
violation occurs. The person may also be ordered to discontinue the unlav/ful act or correct the
violation.
(4) Any person who fails to comply with the provisions of this article is, in addition to any
criminal penalties, subject to a maximum civil penalty of $5,000 for each day or portion of the
day that the violation continues.
(5) Nothing in this article limits the right ofthe city to pursue other lawful, criminal, civil or
equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in
violation of this article.
SECTION 35. Chapter 13, Article VI, Section 13-179, of the Federal Way City Code
(FWRC 4.40.040) is hereby repealed as follows.
13 179 Violations deemed misdemeanor.
"\ny person violating any ofthe provisions of this article, which rcsults in a hazard to the public
hcalth, safety and v/cIfare, is guilty of a misdemeanor and shall bc punished as providcd by law.
Each day any sidewalk is permitted to rcmain in a hazardous condition shall be considered and
shall constitute a separate violation. (Ord. No. 93 188, S 1,921 93)
Ordinance No 09-60]
Page]80f23
SECTION 36. Chapter 13, Article VII, Section 13-251, of the Federal Way City Code
(FWRC 4.35.130) shall be amended to read as follows:
13-251 Violations deemed misdemeanor.
Any person violating any of the provisions of this article, which results in a hazard to the
public health, safety and 'tiel fare is guilty of a misdemeanor and shall be punished as provided by
law. Damage to each item of vegetation shall- be deemed ~a separate violation. The value of'
damaged vegetation shall be calculated pursuant to the International Society of Arboriculture
Tree Replacement Guide.
(Ord. No. 93-187, S 1,9-21-93)
SECTION 37. Chapter 14, Article IV, Section 14-136, of the Federal Way City Code is
hereby repealed as follows:
14 136 Noneomplianee Penalty.
"^~ny person, subject to this chapter, who fails or refuses to apply for a business license or to
make tax returns or to pay any tax when due, or 'Nho makes any false statement or representation
in connection '.'lith any such application for a business license or tax return, or '.vho otherwise
violates or refuses to comply with this chapter, is guilty of a misdemeanor, and each such person,
is guilty of a separate offense for each and cvery day or portion thereof during which any
violation of any of the provisions of this chapter is committed, continued or permitted, and upon
conviction of any such violation, such person shall be punishable by a fine not to exceed $350.00 .
for each day or portion thereof which such person is found guilty of noncompliance with the
provisions of this chapter. (Ord. No. 02 132, ~ 1,11 19 02)
SECTION 38. Chapter 14, Article V, Section 14-185, of the Federal Way City Code shall
be amended to read as follows:
14-!...t-8S Noncompliance- Penalty.
Any person, firm or corporation subject to this chapter, who fails or refuses to apply for a
business license~ ef--t6 make ~tax returns~ or te pay any tax when due,; ef who makes any false
statement or representation in or in connection with any such an application for a business
license or tax return,; or who otherwise violates or refuses to comply with this chapter, is guilty
of a misdemeanor, and each such person, firm or corporation is guilty of a separate offense for
each and every day or portion thereof during '.vhich any violation of any of the provisions of this
chapter is committed, continued or permitted, and upon conviction of any such violation, such
person shall be punishable by a fine not to exceed $350.00 for each day or portion thercofwhich
such person, firm or corporation is found guilty of noncompliance with the provisions of this
chapter. Each day or portion of a day during which a violation occurs, continues, or is permitted
is a separate violation.
(Ord. No. 95-257, S 1, 12-19-95; Ord. No. 96-262, S 1,2-20-96)
Ordinance No 09-601
Page 19 of23
SECTION 39. Chapter 15, Article I, Section 15-4, of the Federal Way City Code shall be
amended to read as follows:
15-4 Mandatory criminal traffic civil assessment.
(a) In addition to the criminal penalty provided herein, any person found to have
committed an act .designated as a criminal traffic violation under the provisions of this chapter
shall be assessed a civil penalty in the amount of $20.00, in addition to the criminal traffic
penalty required in RCW 46.64.55 and exclusive of any additional costs, fees, or penalties
required to be assessed by the State of Washington.. The funds collected from this civil penalty
shall be transmitted to the city of Federal 'Vay traffic safety fund for the purpose of funding
public safety traffic improvements, including but not limited to installation of school safety
signs, traffic safety signs, traffic speed bumps, and all such other traffic safety related expenses
as may be incurred by the city and authorized by the city council. (b) For the purposes of
this section, "criminal traffic violations under the provisions of this chapter" are defined to be
any violation of this Code or Title 46 RCW that is a misdemeanor or gross misdemeanor. The
court may not reduce, waive, or suspend the additional penalty unless the court finds the offender
to be indigent. the following:
(1) Driving v/ith the license from another state 'Nhile suspended in Washington,
P'NCC 15 1 (RC'.V 16.20.315);
(2) Hit and run unattended, FWCC 15 1 (RCW 16.52.020(c));
(3) f..ctual physical control of a motor vehicle while under the influence of
intoxicating liquor or drug, RC\V 16.61.501;
(1) Driving while under the influence of intoxicating liquor or drug, RCW 16.61.501;
(5) Display or possess any fictional or fraudulently altered driver's license, RCW
16.20.0921(1);
(6) Permit unla',vful use of driver's license or ID, RCW 16.20.0921(6);
(7) Driving while license suspended or revoked in the first degree (habitual traffic
offender), FWCC 15 1 (RC'N 46.20.312(1 )(a));
(8) Driving while license suspended or revoked in the second degree, P'NCC 15 1
(RC'N 16.20.312(1)(b));
(9) Driving '.vhile license suspended or revoked in the third degree, P'NCC 15 1
(RC\V 16.20.312(1)(c));
(10) Wilful failure to stop, FWCC 15 1 (RCW 16.61.022);
(11) Failure to surrender a suspended, revoked or cancelled driver's license or dentification
card, FWCC 15 1 (RCW 16.20.0921(1));
(12) Lending an operator's license to another, FWCC 15 1 (RCW 16.20.0921(2));
(13) Negligent driving, F\VCC 15 1 (RC'N 16.61.525);
(11) No valid operator's license, FWCC 15 1 (RCW 16.20.005);
(15) Failure to surrender license, FWCC 15 1 (RCV! 46.20.021 (1));
(16) Violation of occupational driver's license, FWCC 15 1 (RCW 16.20.110);
(17) Hit and run unattended or property damage, FWCC 15 1 (RCW 46.52.010);
(18) Failure to register vehicle, FWCC 15 1 (RC'.V 16.16.010(1));
(19) Operating a motor vehicle with suspended registration, P'NCC 15 1 (RCW 16.29.605);
(20) Unlawful representation of driver's license or identification card, FWCC 15 1 (RCW
16.20.0921 (3));
Ordinance No 09-601
Page 20 of23
(21) Operating a motor vehicle in violation of trip permit requirements, F\VCC 15 1 (RCW
46.16.160); and
(22) Other criminal traffic violations as may be adopted in the Revised Code of Washington;
all as they now exist or as may be hereafter amended, deleted or added thereto.
(Ord. No. 94-207, ~ 1, 1-4-94; Ord. No. 01-391, ~ 2, 6-19-01)
SECTION 40. Chapter 16, Article II, Section 16-38, of the Federal Way City Code is
hereby repealed as follows:
16 38 Criminal enforeement.
"\ny person convicted of violating any provision of this division shall be punished by a fine of
not more than $5,000 or imprisonment for not more than six months, or both, by such fine and
imprisonment for each day or part of a day during which the unlawful act or yiolation occurs.
The property ovmer or other person may also be ordered to discontinue the unlmvful act or
correct the violation. Criminal enforcement is in addition to, and does not limit any other forms
of enforcement available to the city including, but not limited to, civil enforcement as specified
herein or Chapter 1 F\VCC, "^~rticle III, nuisance and injunction actions, or other civil or
equitable actions to abate, discontinue, correct or discourage unla'Nful acts in violation of this
division. (Ord. No. 91 90, ~ 8,3 19 91; Ord. No. 99 312, S 10,5 1 99)
SECTION 41. Chapter 17, Article II, Section 17-27, of the Federal Way City Code is
hereby repealed as follows:
17 27 Penalty far yiolation.
}~ny person violating or failing to comply with any of the provisions of this article is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding
$250.00 or by imprisonment in the county jail for a period not exceeding 90 days. (Ord. No. 90
27, S 1(6.61.110),2 13 90)
SECTION 42. Chapter 22, Article II, Section 22-128, of the Federal Way City Code is
hereby repealed as follows:
22 128 Zoning eitation.
(a) The code enforcement officer may seek issuance of a zoning citation in either of the
following circumstances:
(1) There is a violation of a posted order to cease activity.
(2) If, after the time specified in the notice of violation, the activity, conditions, structure, or
use cited in the notice of violation still does not conform to this chapter.
(b) The citation will be issued to the o'.vner of the property, the occupant or person in charge
of the property and any other person causing or allowing the activity, condition, structure or use
to exist or occur. The issuance of a citation initiates criminal prosecution of the violation. (Ord.
No. 90 13, ~ 2(175.10), 2 27 90)
Ordinance No 09-601
Page 21 of23
SECTION 43. Severability. Should any section, subsection, paragraph, sentence,
clause, or phrase of this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this chapter or its application to any other person or situation. The City
Council of the City of Federal Way hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 44. Concurrent Legislation. Currently pending ordinances or resolutions may
amend the same sections as does this one; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended
to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by
any other ordinance or resolution.
SECTION 45. Corrections. The City Clerk and the codifiers ofthis ordinance are
authorized to make necessary corrections to this ordinance including, but no limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
SECTION 46. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 47. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of January, 2009.
Ordinance No 09-601
Page 22 of23
....
CITY OF FEDERAL WAY
ATTEST:
M~J~
CITY CLERK, CA L CNEIL , CMC
APPROVED AS TO FORM:
;; tz71Z U. ~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH CITY CLERK: 11-20-2008
PASSED BY CITY COUNCIL: 01-06-2009
PUBLISHED ON: 01-10-2009
EFFECTIVE DATE: 02-09-2009
ORDINANCE NO.: 09-601
Ordinance No 09-601
Page 23 of 23