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Ord 95-254 ORDINANCE NO. 95-234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REPEALING THE ADOPTION BY REFERENCE OF RCW 9.45.062, CRIMINALIZING THE FAILURE TO DELIVER LEASED PERSONAL PROPERTY (AMENDING PRIOR ORDINANCE 91-89). WHEREAS, the city of Federal Way currently criminalizes the failure to deliver or return leased personal property, and WHEREAS, this provision of the city Code is enforced mainly to piosecute persons who fail to return rented video movies on time; and WHEREAS, the City currently prosecutes approximately twelve (l2) such violations per month; and WHEREAS, prosecution of this crime is not an efficient use of the City Prosecuting Attorney's time nor of the city's financial resources; and WHEREAS, on October 5, 1995 the Public Safety/Human Services Committee of the Federal Way city Council voted to move this matter to the full City Council for its consideration; and WHEREAS, on October 17, 1995, the Federal Way city Council considered public testimony and voted to repeal FWCC 6- 161(3) which adopts by reference RCW 9.45.062, the state law criminalizing failure to deliver leased personal property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD # 95-254 , PAGE 1 cØ~r section 1. Federal Way, Washington is hereby amended as follows: Amendment. Ordinance No. 91-89 of the City of section 1. criminal Code. 9.22.010 Frauds and swindles. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: A. RCW 9.04.010 B. RCW 9.45.060 C. RCW 9.45.062 Ð..!;;. RCW 9.45.070 E-rQ. RCW 9.45.080 F-r~. RqW 9.45.090 G--,. .E. RCW 9.45.100 H.§. RCW 9.45.180 hI!. RCW 9.45.190 J-.- 1.. RCW 9.45.240 h,;[. RCW 9.45.250 -b-. E. RCW 9A.60.040 M-. !.. RCW 9A.60.050 section 2. False advertising. Encumbered, leased or rented personal property. Failurc to dcli-.'cr leased )!!crGoRal fJra)!!erty Rc~uisites fer )!!reocRtatioR CoRotruetieR. Mock auctions. Fraudulent removal of property. Knowingly receiving fraudulent conveyance. Fraud in assignment for benefit of creditors. Fraud in operating coin-box telephone or other receptacle. Penalty for manufacture or sale of slugs to be used for coin. Fraud in obtaining telephone or telegraph service, Fraud in obtaining. cable television services. Criminal impersonation. False certification. Severabilitv. provisions of this The 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. ORD # 95-254 , PAGE 2 section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. this PASSED by the City Council of the City of Federal Way 5 day of T:;x;[~ , 1995. CITY OF FEDERAL WAY ~7?2t~ ¿d2 }¿Zih-~ MAYoR, Y E. GATES ~ES:~ --- CITY CLERK, N. CHRIST~~' CMC ~- ITY' A Y, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 11-l4-95 12-o5-95 l2-12-95 OI--{)4-96 95-254 K:\ORDIN\LEASED.JJM 11-02-95 ORD # 95-254 , PAGE 3