Loading...
HomeMy WebLinkAbout3488 Ordinance ORDINANCE NO. 3488 AN ORDINANCE repealing Chapter 9.32 and Chapter 9.64, Section .040 and creating Chapter 9.34 of the Pasco Municipal Code. WHEREAS, certain language in Title 9 of the Pasco Municipal Code is in need of modification, correction or defining to have consistent meaning and continuity within the Code and with the Revised Code of Washington and to make the Code easier to use and understand; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES ORDAIN AS FOLLOWS: § 1. Chapter 9.32 entitled "Larceny" shall be and hereby is repealed in its entirety. § 2. Chapter 9.64, Section .040 entitled "Concealing or receiving stolen property" shall be and hereby is repealed in its entirety. § 3. Chapter 9.34 of the Pasco Municipal Code is created to read as follows: CHAPTER 9.34 OFFENSES AGAINST COMMERCE, ECONOMY AND FRAUD Sections: 9.34.010 Theft. 9.34.020 Shoplifting. 9.34.030 Arrest for shoplifting. 9.34.040 Suit for false arrest of shoplifting—defense. 9.34.050 Peace officer defined. 9.34.060 Theft of Rental Equipment. 9.34.070 Unlawful issuance of bank check. 9.34.080 Criminal impersonation. 9.34.090 Possessing stolen property—definition—defense. 9.34.100 Possessing stolen property third degree. 9.34.010 THEFT. (1) Every person who with intent to deprive or defraud the owner thereof: (a) Shall take, lead, or carry away the property of another; or (b) Shall obtain from the owner, or another, the possession of or title to any personal property by color or aid of any fraudulent or false -1- 1 ti representation, personation, or pretense, or by any trick, device, bunco game or fortune telling; or (c) Having received any property by reason of a mistake, shall, with knowledge of such a mistake, secrete, withhold or appropriate the same to his or her own use, or to the use of any person other than the true owner or person entitled thereto, steals such property and is guilty of theft. (2) Theft as defined under this section is a gross misdemeanor. 9.34.020 SHOPLIFTING. A person who willfully takes possession of any goods, wares or merchandise valued at less than two hundred fifty dollars offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the seller, with the intention of converting such goods, wares or merchandise to his own use without having paid the purchase price thereof, is guilty of shoplifting. Shoplifting is a gross misdemeanor. 9.34.030 ARREST FOR SHOPLIFTING. A peace officer may, upon a charge being made and without a warrant, arrest any person whom he or she has reasonable cause to believe has committed or attempted to commit the crime of shoplifting. 9.34.040 SUIT FOR FALSE ARREST OF SHOPLIFTER— DEFENSE. Reasonable cause shall be a defense to civil or criminal action brought for false arrest, false imprisonment, or wrongful detention against a peace officer, by a person suspected of shoplifting. 9.34.050 PEACE OFFICER DEFINED. For the purposes of this chapter, "peace officer" means a duly appointed city, county or state law enforcement officer. 9.34.060 THEFT OF RENTAL EQUIPMENT. RCW 9A.56.096 as it pertains to theft of rental equipment valued under $250 is adopted in its entirety. Theft of rental equipment is a gross misdemeanor. 9.34.070 UNLAWFUL ISSUANCE OF BANK CHECK. (1) Any person who shall with intent to defraud, make, or draw, or utter, or deliver to another person any check, or draft, in an amount of $250 or less, on a bank or other depository for the payment of money, knowing at the time of such drawing, or delivery, that he or she has not sufficient funds in, or credit with said bank or other depository, to meet said check or draft, in full upon its presentation, shall be guilty of unlawful issuance of bank check. The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for the payment of such check or draft, and the uttering or delivery of such check or draft to another person without -2- such fund or credit to meet the same shall be prima facie evidence of an intent to defraud. (2) Unlawful issuance of a bank check is a gross misdemeanor. Furthermore: (a) The court shall order the defendant to make full restitution; (b) The defendant need not be imprisoned, but the court shall impose a minimum fine of $500. Of the fine imposed, at least $50 shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may suspend or defer only that portion of the fine that is in excess of$500. 9.34.080 CRIMINAL IMPERSONATION. A person is guilty of criminal impersonation if he or she: (1) Assumes a false identity and does an act in his or her assumed character with the intent to defraud another or for any other unlawful purpose; or (2) Pretends to be a representative of some person or organization or a public servant and does an act in his pretended capacity with intent to defraud another or with any other unlawful purpose. (3) Criminal impersonation is a gross misdemeanor. 9.34.090 POSSESSING STOLEN PROPERTY—DEFINITION- DEFENSE. (1) "Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto. (2) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property. 9.34.100 POSSESSING STOLEN PROPERTY THIRD DEGREE. (1) A person is guilty of possessing stolen property in the third degree if he or she possesses stolen property that does not exceed two hundred fifty dollars in value. (2) Possessing stolen property third degree is a gross 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. § 5. The chapter and section repealed by this ordinance shall remain in full force and effect until the effective date of this ordinance. -3- t § fi. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco this 20th Day of August, 2001. Michael L. 6Anson, Mayor ATTEST: APPR D AS O FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney -4-