ORD 12-726ORDINANCE NO. 12-726
AN ORDINANCE of the City of Federal Way, Washington, relating to
public safety; amending Federal Way Revised Code 6.40.010, "Frauds
and Swindles," adding a new section to Chapter 6.55 FWRC, "Public
Peace," and adding a new section to Chapter 6.75 FWRC,
"Miscellaneous Crimes and Offenses." (Amending Ord. Nos. 91-89, 95-
254, 00-374. 04-458, 04-463 and 09-601)
WHEREAS, the state legislature in the 2011 - 2012 session passed three separate bills that
either created or amended laws affecting misdemeanors in the State of Washington; and
WHEREAS, the Federal Way Revise Code ("FWRC") adopts criminal statutes by reference
to the State Law as codified in the Revised Code of Washington ("RCW"); and
WHEREAS, SB 6386 creates the new RCW 74.08.580, which makes the unauthorized
possession or control of electronic benefit cards a gross misdemeanor; and
WHEREAS, HB 2301 amends Chapter 67.08 RCW to include regulations for mixed martial
arts, and RCW 67.08.150 states that any violation of Chapter 67.08 RCW is a misdemeanor; and
WHEREAS, HB 2565 adds two new gross misdemeanors to RCW 82.24.110 regarding roll-
your-own cigarette machines at retail establishments; and
WHEREAS, the Federal Way Revised Code does not currently reference RCW 74.08.580,
RCW 67.08.150 or RCW 82.24.110; and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
incorporate the State Law into the FWRC,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section l. FWRC 6.40.010 is hereby amended as follows:
Ordinance No. 12-726 Page 1 of 4
6.40.010 Frauds and swindles.
The following state statutes are adopted by reference:
RCW
9.04.010 False advertising.
9.12.010 Barratry.
9.12.020 Buying, demanding, or promising reward by district judge or deputy.
9.26A.120 Fraud in operating coin-box telephone or other receptacle.
9.26A.130 Penalty for manufacture or sale of slugs to be used for coin.
9.45.060 Encumbered, leased or rented personal property.
9.45.070 Mock auctions.
9.45.080 Fraudulent removal of property.
9.45.090 Knowingly receiving fraudulent conveyance.
9.45.100 Fraud in assignment for benefit of creditors.
9.60.010 Definitions.
9A.56.330 Possession of another's identification.
9A.60.040 Criminal impersonation in the first degree.
9A.60.045 Criminal impersonation in the second degree.
9A.60.050 False certification.
74.08.331 Unlawful practices – Obtaining assistance – Disposal of realty – Penalties.
74.08.580 Electronic benefit cards — Prohibited uses — Violations.
Section 2. The Sections list of Chapter 6.55 FWRC, "Public Peace," is hereby
amended as follows:
Chapter 6.55
PUBLIC PEACE
Sections:
6.55.010 Disorderly conduct.
6.55.020 Riot – Failure to disperse – Obstruction.
6.55.025 Enforcement of Boxinq, Martial Arts, and Wrestlinq.
6.55.030 Privacy, violating right of.
6.55.040 Libel and slander.
6.55.050 Malicious prosecution – Abuse of process.
6.55.055 Disorderly conduct in a park.
Section 3. A new section 6.55.025 is hereby adopted as follows:
6.55.025 Enforcement of Boxinq, Martial Arts, and Wrestlinq.
The followinQ state statutes are adopted bv reference:
RCW
67.08.002 Definitions.
67.08.015 Duties of Department – Exemptions – Rules.
67.08.080 Rounds and bouts limited – Weiqht of qloves – Rules.
67.08.110 Unprofessional conduct – sham or fake event.
67.08.140 Penaltv for conductinq events without license – Penaltv.
67.08.150 General penaltv.
Section 4. The Sections list of Chapter 6.75 FWRC, "Miscellaneous Crimes and
Offenses," is hereby amended as follows:
Ordinance No. 12-726 Page 2 of 4
Chapter 6.75
MISCELLANEOUS CRIMES AND OFFENSES
Sections:
6.75.010 Conduct prohibited.
6.75.020 Littering and poliution.
6.75.030 Injury to animals.
6.75.040 Wounding or trapping of animals.
6.75.050 Throwing objects at moving vehicles.
6.75.060 Juries, crimes relating to.
6.75.070 Duty of witnesses.
6.75.080 Interference with health care facilities or providers.
6.75.090 Practice of law.
6.75.100 Enforcement of tax on tobacco products.
6.75.110 Enforcement of tax on ciqarettes.
Section 5. A new section 6.75.110 is hereby adopted as follows:
6.75.110 Enforcement of tax on ciqarettes.
The followinq state statutes are adopted bv reference:
RCW
82.24.010 Definitions.
82.24.030 Stamps.
82.24.035 Circumstances when no stamp mav be affixed — Violation of consumer protection act.
82.24.040 Dutv of Wholesaler.
82.24.050 Retailer — Possession of unstamped ciaarettes.
82.24.060 Stamps — How affixed.
82.24.090 Records — Preservation — Reports.
82.24.110 Other offenses — Penalties.
82.24.130 Seizure and forfeiture.
82.24.135 Forfeiture procedure.
Section 6. Severabilitv. 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 any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance No. 12-726 Page 3 of 4
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
referencesthereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 9. 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 7th day of August 2012.
CITY OF FEDERAL WAY
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ATTEST:
CITY CLERK, CAR L MCN LLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 7-10-2012
PASSED BY THE CITY COtJNCIL: 8-7-2012
PUBLISHED: 8-10-2012
EFFECTIVE DATE: 9-9-2012
ORDINANCE NO.: 12-726
Ordinance No. 12-726 Page 4 of 4