Ord 94-208
ORDINANCE NO.
94-208
AN ORDINANCE OP THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL
WAY CITY CODE CHAPTER SIX, CRIMINAL CODE, TO
ADD A NEW SECTION 6-215 PROHIBITING GRAFFITI
WITHIN THE CITY OF FEDERAL WAY AND
ESTABLISHING A MANDATORY MINIMUM SENTENCE FOR
THE OFFENSE (AMENDS ORDINANCE 91-89).
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Amendment.
The Federal Way City Code Chapter
six is amended to add a new section 6-215 as follows:
Sec. 6-211.
Theft, unauthorized issuance of bank
checks and possession of stolen property.
The following state statutes, including all future
amendments, additions or deletions, are adopted by
reference:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
ORD #
94-208
RCW 9A.56.010, Definitions.
RCW 9A.56.020, Theft--Definition, defense.
RCW 9A.56.050, Theft in third degree.
RCW 9A.56.060 (1), (2), (3),
issuance of checks or drafts.
(5), Unlawful
RCW 9A. 56 .140, Possessing stolen property--
Definition, credit cards, presumption.
RCW 9A.56.170, Possessing stolen property in
the third degree.
RCW 9.54.130, Restoration of stolen property--
Duty of officers.
RCW 9A.56.220,
services.
television
Theft
of
cable
RCW 9A.56.230, Unlawful
television services.
sale
of
cable
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COPt'
Sec. 6-212.
(10) RCW 9A.56.240, Forfeiture and disposal
device used to commit violation.
of
(11) RCW 9A.56.260,
converter.
Connection
of
channel
(12) RCW 9A.56.270, Shopping cart theft.
Malicious mischief and obscuring identity
of machines.
The following state statutes, including all future
amendments, additions or deletions, are adopted by
reference:
(1)
(2)
(3)
Sec. 6-213.
RCW 9A.48.090, Malicious mischief in the third
degree.
RCW 9A.48.100(1), Malicious
physical damage defined.
mischief
and
RCW 9A.56.180,
machine.
Obscuring
a
identity
of
Trespass and related crimes.
The following state statutes, including all future
amendments, additions or deletions, are adopted by
reference:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
ORD #
94-208
RCW 9A.52.010, Definitions.
RCW 9A.52.060,
tools.
Making
or
having
burglary
RCW 9A.52.070, Criminal trespass in the first
degree.
RCW 9A.52.080, Criminal trespass in the second
degree.
RCW 9A.52.090, Criminal trespass--Defenses.
RCW 9A.52.100, Vehicle prowling.
RCW 9A.52.120, Computer trespass in the second
degree.
RCW 9A.52.130, Computer trespass--Commission
of other crime.
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Sec. 6-214.
Disruption of school activities.
(a) A person is guilty of disruption of school
activities if he or she comes into or remains in any
school building, classroom or upon any school ground, or
street, sidewalk or public way adjacent thereto, and
intentionally causes disruption of the activities of the
school.
(b) As used in this section, "school" has its
ordinary meaning and also includes universities,
colleges, community colleges and institutions of higher
education.
Sec. 6-215.
Graffiti.
1& Prohibited.
of Graffiti.
No person shall commit the offense
LQl Defined. A person is auiltv of the offense of
"Graffiti" if he or she willfullv defaces public or
private propertv includinq anv propertv of the citv bv
paintinq. spray paintinq. or defacinq propertv throuah
the inscription of svmbols. words. or pictures beina
transferred onto the face of said private or public
propertv. unless the person is the owner or does have
control or custodv of the propertv. or has prior consent
of the owner or tenant in lawful possession of such
private propertv. or unless the act is done under the
personal direction of said owner or tenant and provided
such Graffiti will not cause a public nuisance or be in
violation of anv other state or local laws. rules. or
reaulations.
1.£l Penaltv. Anv person violatina the provision of
this section shall be auiltv of a qross misdemeanor and
there shall be imposed a mandatorv minimum sentence of
thirtv (30) davs in iail and shall. in addition to anv
other fine imposed. be further subiect to a mandatorv
imposition of assessment of costs pursuant to RCW 10.64
(1993 Session Laws. Chapter 355). in the amount of $50.00
per dav of iail actuallv imposed: and in addition to this
penaltv. such person mav in the sound discretion of the
court. be directed bv the court to erase and remove from
anv public place or anv public propertv or anv private
propertv with the permission of the owner or the person
in possession of the proDertv upon which it is
established that such person has col1llllitted the offense of
"Graffiti". anv and all Graffiti inscribed thereon bY
anvone prior to the date of the execution of the
sentence.
Sec. 6-215~--6-235.
Reserved.
ORD #
94-208
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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.
Severabilitv.
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 persons or circumstances.
section 6.
Effective Date.
This ordinance shall be
effective thirty (30) days after passage as provided by law.
PASSED by the City Council of the city of Federal Way
this
1st
day of
Februarv
, 1994.
CITY OF FEDERAL WAY
~7MAR~Ef~
c:¡;vrn " TO ,,>ROo.
C, ~YN
A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: February 5, 1994
EFFECTIVE DATE: March 3, 1994
ORDINANCE NO. 94-208
January 12,1994
February 1, 1994
, MARYK\ORDIORAPFITI.ORD
ORD #
94-208
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