HomeMy WebLinkAbout3481 Ordinance ORDINANCE NO. 3481
AN ORDINANCE amending Chapter 1, Sections 1.01.130,
1.01.145 and 1.01.146 of the Pasco Municipal Code by updating
the penalty provisions of those sections to promote continuity
within the Code and with the provisions of the Revised Code of
Washington.
WHEREAS, the penalty provisions of Chapter 1, Sections 1.01.145 and
1.01.146 of the Pasco Municipal Code are in conflict with state code; Now
Therefore,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES
ORDAIN AS FOLLOWS:
§ 1. Chapter 1, Section 1.01.130 of the Pasco Municipal Code is
amended to read as follows (deletions by interlineation, additions by
underlining):
1.01.130 VIOLATIONS—PENALTY. It is unlawful for any
person to violate any provision or to fail to comply with any of the
requirements of this code. Any person violating any of the
provisions or failing to comply with any of the mandatory
requirements of this code, except for traffic infractions under the
Washington Model Traffic Ordinance as adopted by the City of
Pasco and for such violations specifically noted in this code as a
"civil infraction", shall upon conviction theree� of a gross
misdemeanor, be punished by a fine of not more than Five
Thousand Dollars ($5,000.00), or by imprisonment for a period of
not more than one (1) year, or by both such fine and
imprisonment, or upon conviction of a misdemeanor, be punished
by a fine of not more than One Thousand Dollars ($1,000-00). or
by imprisonment for a period of not more than ninety (90) days, or
by both such fine and imprisonment. Each such person is guilty
of a separate offense for each and every day during any portion of
which any violation of any provision of this code is committed,
continued, or permitted by such person and shall be punished
accordingly. In addition to the penalties herein above provided,
any condition caused or permitted to exist in violation of the
provisions of this code shall be deemed a public nuisance and may
be, by this city, summarily abated as such, and each day that such
condition continues shall be regarded as a new and separate
offense.
§ 2. Chapter 1, Section 1.01.145 of the Pasco Municipal Code is
amended to read as follows (deletions by interlineation, additions by
underlining):
1.01.145 CRIMINAL ATTEMPT.
(1) A person is guilty of an attempt to commit crime, if,
with intent to commit a specific crime, he or she does any act
which is a substantial step toward the commission of that crime.
(2) If the conduct in which a person engages otherwise
constitutes an attempt to commit a crime, it is no defense to a
prosecution of such attempt that the crime charged to have been
attempted was under the attendant circumstances, factually or
legally impossible of commission.
(3) An attempt to commit a crime is a misdemeanor. artd
(90) days er- by both sueh fine and impi4senment.
§ 3. Chapter 1, Section 1.01.146 of the Pasco Municipal Code is
amended to read as follows (deletions by interlineation, additions by
underlining):
1.01.146 CRIMINAL CONSPIRACY/SOLICITATION.
(1) A person is guilty of criminal conspiracy/solicitation
when, with intent that conduct constituting a crime be performed,
he or she agrees with or encourages or solicits one or more persons
to engage in or cause the performance of such conduct, and any
one of them takes a substantial step in pursuance of such
agreement or conduct.
(2) It shall not be a defense to criminal
conspiracy/solicitation that the person or persons with whom the
accused is alleged to have conspired:
(A) Has not been prosecuted or convicted; or
(B) Has been convicted of a different offense; or
(C) Is not amenable to justice; or
(D) Has been acquitted; or
(E) Lacks the capacity to commit an offense.
(3) Criminal conspiracy/solicitation is a grass
i:pAsdemeaner- as that tefm is defined by state sta�tute and sttbjee
misdemeanor.
§ 4. If any section, subsection, paragraph, sentence, clause, phrase, or word
of this ordinance is declared unconstitutional or invalid for any reason, it shall be
severed, and such decision shall not affect the validity of the remaining parts of this
ordinance.
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§ 5. This Ordinance shall take effect five (5) days after passage and
publication.
PASSED by the City Council of the City of Pasco this 20'h Day of August,
2001.
Michael L. Udmison, Mayor
ATTEST: APPRO S TO FORM:
( `1
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
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