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HomeMy WebLinkAbout3490 Ordinance r ORDINANCE NO. 3490 AN ORDINANCE repealing Chapter 9.40 and Chapter 9.64, Sections .140, .160, .165, .170, .180, .190, .200, .210, .220, .230 and .240 and creating Chapter 9.42 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 9.40 entitled "Obstructing Justice" shall be and . hereby is repealed in its entirety. § 2. Chapter 9.64, Section .140 entitled "False certification", Section .160 entitled "Refusing to summon aid for a peace officer", Section .165 entitled "False swearing", Section .170 entitled "Jury tampering", Section .180 entitled "Tampering with physical evidence", Section .190 entitled "Rendering criminal assistance in the second degree", Section .200 entitled "Rendering criminal assistance in the third degree", Section .210 entitled "Compounding", Section .220 entitled "Escape in the third degree", Section .230 entitled "Introducing contraband in the third degree", Section .240 entitled "Official misconduct" shall be and hereby are repealed in their entirety. § 3. Chapter 9.42 of the Pasco Municipal Code is created to read as follows: CHAPTER 9.42 OFFENSES AGAINST GOVERNMENTAL OPERATIONS Sections: 9.42.010 Resisting arrest. 9.42.020 Hindering police. 9.42.030 Failing to stop or giving false information to a police officer. 9.42.040 Making a false report of a crime. 9.42.050 Interference with a police animal. 9.42.060 False certification. 9.42.070 Refusing to summons aid for a police officer. 9.42.080 False swearing. 9.42.090 Jury tampering. 9.42.100 Tampering with physical evidence. 4- 9.42.110 Rendering criminal assistance—definition. 9.42.111 Rendering criminal assistance—relative—definition. 9.42.112 Rendering criminal assistance first degree. 9.42.113 Rendering criminal assistance second degree. 9.42.114 Rendering criminal assistance third degree. 9.42.120 Compounding. 9.42.130 Escape third degree. 9.42.140 Introducing contraband third degree. 9.42.150 Official misconduct. 9.42.010 RESISTING ARREST. A person is guilty of resisting arrest if he or she intentionally prevents or attempts to prevent a police officer of the city from lawfully arresting him or her. Resisting Arrest is a misdemeanor. 9.42.020 HINDERING POLICE. (1) It is unlawful for any person to knowingly or willfully hinder, obstruct, or delay any police officer of the city in the discharge of any lawful act, duty or power. (2) This section shall not be construed to limit the use of a socially impermissible word merely as a tool of communication. Words, however, are not constitutionally protected when: (a) By the manner of their use, the words invade the rights of others to pursue their lawful activities, or (b) By their very utterance, they inflict injury or tend to incite an immediate breach of the peace. The enforcement of this section is limited by this construction. (2) Hindering police is a gross misdemeanor. 9.42.030 FAILING TO STOP OR GIVING FALSE INFORMATION TO A POLICE OFFICER. It is unlawful for any person to: (1) Knowingly fail to stop when requested or signaled to do so by a person reasonably identifiable as a city police officer for a lawful investigatory detention; or (2) Knowingly give false information as to his or her identity, current address, if any, or his or her activities when requested by a city police officer to give such information when stopped for a lawful investigatory detention by a city police officer. For purposes of this section a "lawful investigatory detention" means that an officer has a reasonable suspicion based upon objective facts to believe that the person stopped or signaled to stop was engaging in, or had engaged in, criminal conduct. Giving false information to a police officer is a gross misdemeanor. 9.42.040 MAKING A FALSE REPORT OF A CRIME. It is unlawful for any person to knowingly falsely report or represent to any -2- police officer, or other officer or employee having the authority to receive such report, that he or she has suffered the loss of any money or property as the result of robbery, assault, holdup, larceny, or burglary; or, to knowingly falsely report the commission of any criminal offense under the laws of the United States, the state of Washington or any other state or territory, or under the resolutions or ordinances of Franklin County, any other county, this city or any other city. Making a false report of a crime is a gross misdemeanor. 9.42.050 INTERFERENCE WITH POLICE ANIMAL. No person may knowingly grab, harass, strike, injure, hold the harness of, or interfere with a dog or other animal being used by a police officer for police work or being used in the performance of a police duty or function. Interference with a police animal is a gross misdemeanor. 9.42.060 FALSE CERTIFICATION.A person is guilty of false certification, if, being an officer authorized to take a proof or acknowledgment of an instrument, which by law may be recorded, he or she knowingly certifies falsely that the execution of such instrument was acknowledged by any party thereto or that the execution thereof was proved. False certification is a gross misdemeanor. 9.42.070 REFUSING TO SUMMON AID FOR A PEACE OFFICER. (1) A person is guilty of refusing to summon aid for a peace officer if, upon request by a person he or she knows to be a peace officer, he or she unreasonably refuses or fails to summon aid for such peace officer. (2) Refusing to summon aid for a peace officer is a misdemeanor. 9.42.080 FALSE SWEARING. A person is guilty of false swearing if he or she makes a false statement, which he or she knows to be false, under an oath required or authorized by law. False swearing is a gross misdemeanor. 9.42.090 JURY TAMPERING. A person is guilty of jury tampering if with intent to influence a juror's vote, opinion, decision, or other official action in a case, he or she attempts to communicate directly or indirectly with a juror other than as a part of the proceedings in the trial of the case. Jury tampering is a gross misdemeanor. 9.42.100 TAMPERING WITH PHYSICAL EVIDENCE. (1) A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted or acting without legal right or authority, he or she: -3- (a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its appearance, character, or availability in such pending or prospective official proceedings; or (b) Knowingly presents or offers any false physical evidence. (2) Physical evidence as used in this section includes any article, object, document, record, or other thing of physical substance. (3) Tampering with physical evidence is a gross misdemeanor. 9.42.110 RENDERING CRIMINAL ASSISTANCE—DEFINITION. As used in this section, a person renders criminal assistance if, with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he or she knows has committed a crime or juvenile offense or is being sought by law enforcement officials for the commission of a crime or juvenile offense or has escaped from a detention facility, he or she: (1) Harbors or conceals such person; or (2) Warns such person of impending discovery or apprehension; or (3) Provides such person with money, transportation, disguise, or other means of avoiding discovery or apprehension; or (4) Prevents or obstructs, by use of force, deception, or threat, anyone from performing an act that might aid in the discovery or apprehension of such person; or (5) Conceals, alters, or destroys any physical evidence that might aid in the discovery or apprehension of such person; or (6) Provides such person with a weapon. 9.42.111 RENDERING CRIMINAL ASSISTANCE—RELATIVE✓- DEFINITION. As used in section 9.42.112 and 9.42.113 below, "relative" means a person: (1) Who is related as husband or wife, brother or sister, parent or grandparent, child or grandchild, step-child or step-parent to the person to whom criminal assistance is rendered; and (2) Who does not render criminal assistance to another person in one or more of the means defined in section 9.42.110 (4), (5) or (6). 9.42.112 RENDERING CRIMINAL ASSISTANCE FIRST DEGREE. A person is guilty of rendering criminal assistance first degree if he or she renders criminal assistance to a person who has committed or is being sought for murder in the first degree or any class A felony or equivalent juvenile offense. (1) Rendering criminal assistance first degree is: (a) A gross misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in section (2) above or RCW 9A.76.060; (b) A class C felony in all other cases. -4- 9.42.113 RENDERING CRIMINAL ASSISTANCE SECOND DEGREE. A person is guilty of rendering criminal assistance second degree if he or she renders criminal assistance to a person who has committed or is being sought for a class B or class C felony or an equivalent juvenile offense or to someone being sought for violation of parole, probation, or community supervision. (1) Rendering criminal assistance second degree is: (a) A misdemeanor if it is established by a preponderance of the evidence that the actor is a relative as defined in section (2) above or RCW 9A.76.060; (b) A gross misdemeanor in all other cases. 9.42.114 RENDERING CRIMINAL ASSISTANCE THIRD DEGREE. A person is guilty of rendering criminal assistance third degree if he or she renders criminal assistance to a person who has committed a gross misdemeanor or misdemeanor. Rendering criminal assistance third is a misdemeanor. 9.42.120 COMPOUNDING. (1) A person is guilty of compounding if: (a) He or she requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he or she will refrain from initiating a prosecution of a crime; or (b) He or she confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such other person will refrain from initiating a prosecution of a crime. (2) In any prosecution under this section, it is a defense if established by a preponderance of the evidence that the pecuniary benefit did not exceed an amount, which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime. (3) Compounding is a gross misdemeanor. 9.42.130 ESCAPE THIRD DEGREE. A person is guilty of escape third degree if he or she escapes from custody. Escape third degree is a gross misdemeanor. 9.42.140 INTRODUCING CONTRABAND THIRD DEGREE. A person is guilty if introducing contraband third degree if he or she knowingly and unlawfully provides contraband to any person confined in a detention facility. Introducing contraband third degree is a misdemeanor. -5- 9.42.150 OFFICIAL MISCONDUCT. A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege: (1) He or she intentionally commits an unauthorized act under color of law; or (2) He or she intentionally refrains from performing a duty imposed upon him or her by law. (3) Official misconduct 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 repealed by this ordinance shall remain in full force and effect until the effective date of this ordinance. § 6. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco this 20' Day of August, 2001. Michael L. GarAlson, Mayor ATTEST: APP AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney -6-