Loading...
ORD 15-805ORDINANCE NO. 15 -805 AN ORDINANCE of the City of Federal Way, Washington, relating to Forgery, nonfelony; amending FWRC 6.40.030. (Amending Ordinance Nos. 09 -601 and 02 -429.) WHEREAS, the City Council of Federal Way previously found that adoption of certain state criminal procedures, a general adoption of state misdemeanors, and adoption of certain criminal enforcement provisions was beneficial to the City and certain Code provisions needed to be modified to match state law requirements; WHEREAS, when FWRC 6.40.030 was modified in Ordinance No. 09 -601, the inadvertent addition of the word "or" created an arguable legal flaw; WHEREAS, the City Council of Federal Way finds that it is in the best interests of the citizens to update FWRC 6.40.030 to maintain its enforceability; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 6.40.030 is hereby amended to read as follows: 6.40.030 Forgery, nonfelony. (1) A person is guilty of forgery, nonfelony, if, with intent to injure or defraud: (a) He falsely makes, completes, or alters a written instrument; or (b) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he knows to be forged_ (c) The total amount of loss by the victims of the forgery is less than $1,000. (2) Forgery, nonfelony, is a gross misdemeanor. (3) 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 Ordinance No. 15 -805 Page 1 of 3 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. 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. 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. Ordinance No. 15 -805 Page 2 of 3 PASSED by the City Council of the City of Federal Way this 3rd day of November, 2015. ATTEST: LERK, STEPHANIE APP OVED AS TO FORM: CITY OF FEDERAL WAY URTNEY, CMC CITY AT ' EY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 10/16/2015 PASSED BY THE CITY COUNCIL: 11/03/2015 PUBLISHED: 11/06/2015 EFFECTIVE DATE: 12/06/2015 ORDINANCE NO.: 15 -805 Ordinance No. 15 -805 Page 3 of 3