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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. -2- § 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 -3-