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ORD 13-755ORDINANCE NO. 13 -755 AN ORDINANCE of the City of Federal Way, Washington, relating to Failure to Register as Sex Offender or Kidnapping Offender; amending FWRC 6.75.010. (Amending Res. No. 09 -539, § 1, 1 -6 -09; Ord. No. 04- 463, § 7,8-3-04; Ord. No. 02 -429, § 11,11- 19 -02; Ord. No. 00 -374, § 18, 9- 19 -00; Ord. No. 91 -89, § 1(9.36.010), 3 -5 -91. Code 2001 § 6 -316.) WHEREAS, Federal Way Revised Code ( "FWRC ") 6.75.010 adopts criminal statues by reference to State Law as codified in the Revised Code of Washington ( "RCW "); and WHEREAS, 9A.44.132(2), failure to register as a sex offender is a gross misdemeanor; and WHEREAS, 9A.44.132(3)(b), failure to register as a kidnapping offender is a gross misdemeanor; and WHEREAS, 9A.44.132(3)(b)(4), unless the offender is relieved of the duty to register pursuant to RCW 9A.44.141 and 9A.44.142, a violation of this section is a ongoing offense for the purposes of the statute of limitations under RCW 9A.04.080; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to incorporate State Law into the FWRC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 6.75.010 is hereby amended to read as follows: 6.75.010 Conduct prohibited. The following state statutes are adopted by reference: RCW 9.03.010 Abandoning, discarding refrigeration equipment. 9.03.020 Permitting unused equipment to remain on premises. 9.03.030 Violation of RCW 9.03.010 or 9.03.020. 9.03.040 Keeping or storing equipment for sale. Ordinance No. 13 -755 Page I of 3 9.91.010 Denial of civil rights —Terms defined. 9.91.020 Operating railroad, steamboat, vehicle, etc., while intoxicated. 9.91.025 Unlawful bus conduct. 9.91.110 Metal buyers — Records of purchases — Penalty. 9A.44.130 Registration of sex offenders and kidnapping offenders — Procedures — Definition — Penalties. 9A.44.132(2) Failure to register as sex offender. 9A.44.132(3)(b) Failure to register as a kidnapping offender. 9A.44.132(3)(b)(4) Duty to register statute of limitations 9A.49.030 Unlawful discharge of a laser in the second degree. 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when — Penalty. 28A.635.090 Interference by force or violence — Penalty. 28A.635.100 Intimidating any administrator, teacher, classified employee, or student by threat of force or violence unlawful — Penalty. 29A.84.250 Violations — Corrupt practices. 29A.84.510 Acts prohibited in vicinity of polling place — Prohibited practices as to ballots. 42.20. 010 Powers may not be delegated for profit. 42.20.030 Intrusion into and refusal to surrender public office. 42.20.050 Public officer making false certificate. 42.20.060 Falsely auditing and paying claims. 42.20.080 Other violations by officers. 42.20.100 Failure of duty by public officer is misdemeanor. Section 2. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 13 -755 Page 2 of 3 Section 3. 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 references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. 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 3rd day of December, 2013. CITY OF FEDERAL WAY MM4 ATTEST: PnAa Y CLERK, CAROL M NEILLY, C C APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 11 -12 -2013 12 -3 -2013 12 -6 -2013 1 -6 -2014 13 -755 Ordinance No. 13 -755 Page 3 of 3