Ord 01-401
ORDINANCE NO. 01-401
AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE
CRIMINAL CODE OF THE CITY OF FEDERAL WAY
(Amending Ordinance No. 00-374).
WHEREAS, on September 19, 2000, the Federal Way City Council adopted
Ordinance No. 00-374, amending the Criminal Code of the City of Federal Way to conform with
modifications to state law; and
WHEREAS, Ordinance No. 00-374 stated that its purpose was to "update the
Criminal Code in accordance with state law," "wherein certain felonies have become misdemeanors
and some misdemeanors have become felonies"; and
WHEREAS, Section 6 of Ordinance No. 00-374 amended Article lX, Section 6-211
ofthe FWCC, to track an amendment to RCW 9A.56.230, which amendment reclassified the crime
of unlawful sale of cable television services ÍÌom a gross misdemeanor to a Class C felony; and
WHEREAS, Section 6 of Ordinance No. 00-374 contained a scrivener's error, in that
it inadvertently indicated that the remainder of FWCC Section 6-211 was repealed when the City
Council's intention in adopting Section 6 of Ordinance No. 00-374 was to repeal only that portion of
Section 6-211 ofthe City Code pertaining to the offense of unlawful sale of cable television services;
and
WHEREAS, the scrivener's error was discovered on August 6, 2001; and
WHEREAS, Federal Way City Council desires to immediately correct the scrivener's
error contained in Section 6 of Ordinance No. 00-374, in order to reiterate which particular theft
ORD # 01-401
,PAGE I
(C (0) ~~¡;
offenses are misdemeanor offenses pursuant to state law when committed within the City of Federal
Way; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article IX, Section 6-211 of the Federal Way City Code is hereby
amended to read as follows:
Sec. 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)
RCW 9A.56.010
RCW 9A.56.020
RCW 9A.56.050
RCW 9A.56.060(1)
RCW 9A.56.060(2)
RCW 9A.56.060(3)
RCW 9A.56.060(5)
(5) RCW 9A.56.140
presumption.
(6) RCW 9A.56.l70
(7) RCW 9.54.130
(8) RCW 9A.56.220
(9) RCW 9A.56.240
(10) RCW 9A.56.260
(11) RCW 9A.56.270
Definitions.
Theft-Definition, defense.
Theft in the third degree.
Unlawful issuance of checks or drafts.
Possessing stolen property-Definition, credit cards,
Possessing stolen property in the third degree.
Restoration of stolen property-Duty of officers.
Theft of cable television services.
Forfeiture and disposal of device used to commit violation.
Connection of channel converter.
Shopping cart theft.
Section 2. Severabilitv. The provisions ofthis 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 # 01-401
, PAGE 2
Section 3. Ratification. Any and all acts consistent with the authority and prior to
the effective date of this ordinance are hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in f9rce five days
from its passage, approval and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 7th day of August, 2001.
CITY OF FEDERAL WAY
/~:<:#.¿z(
')7T/ a¿:;:i~~~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~ C~A-
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 08107/01
PASSED BY THE CITY COUNCIL: 08/07/01
PUBLISHED: 08/11/01
EFFECTIVE DATE: 08/16/01
ORDINANCE NO. 01-401
K ()R[)[N\\c"'p""tl~.O8070Idoc
ORD # 01-401
, PAGE 3