HomeMy WebLinkAbout4153 OrdinanceORDINANCE NO. 9(5-3
AN ORDINANCE of the City of Pasco, Washington, Amending Section
9.08.030 "Court - Ordered Requirements Upon Persons Charged with Crime -
Violation "; Amending Section 9.08.090 "Stalking - Penalties "; Amending
Section 9.34.020 "Shoplifting "; Amending Section 9.34.060 "Theft of Rental
Equipment "; Amending Section 9.42.140 "Introducing Contraband Third
Degree "; Amending Section 9.46.010 "Riot "; Amending Section 9.54.050
"Vehicle Prowling "; and Creating Section 9.34.065 "Shopping Cart Theft"
WHEREAS, recent legislative changes have made changes to laws upon which certain
sections of the City's criminal code are based; and
WHEREAS, it is important for effective law enforcement that these sections be consistent,
both in the elements of the crime and the level of punishment. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That Section 9.08.030 entitled "Court - Ordered Requirements Upon Person
Charged with Crime - Violation" of the Pasco Municipal Code, shall be and hereby is amended and
shall read as follows:
9.08.030 COURT - ORDERED REQUIREMENTS UPON PERSON CHARGED
WITH CRIME - VIOLATION.
(1) Because of the likelihood of repeated harassment directed at those who have been
victims of harassment in the past, when any defendant charged with a crime involving harassment is
released from custody before trial on bail or personal recognizance, the Court authorizing the release
may require that the defendant:
(A) Stay away from the home, school, business, or place of employment of the
victim or victims of the alleged offense or other location, as shall be specifically named by
the Court in the order;
(B) Refrain from contacting, intimidating, threatening, or otherwise interfering
with the victim or victims of the alleged offense and such other persons, including but not
limited to members of the family or household of the victim, as shall be specifically named
by the Court in the order.
(2) An intentional violation of a Court order issued under this section is a gross
misdemeanor. The written order releasing the defendant shall contain the Court's directives and shall
bear the legend: Violation of this order is a criminal offense under Chapter 9.08 PMC. A certified
copy of the order shall be provided to the victim by the Clerk of the Court.
(3) If the defendant is charged with a crime of stalking or any other stalking related
offense under PMC 9.08.090, and the Court issues an order protecting the victim, the Court shall
issue a stalking no- contact order pursuant to Chapter 7.92 RCW. (Ord. 2912 Sec. 1, 1992.)
Section 2. That Section 9.08.090 entitled "Stalking - Penalties" of the Pasco Municipal
Code, shall be and hereby is amended and shall read as follows:
9.08.090 STALKING - PENALTIES.
(1) A person commits the crime of stalking if, without lawful authority and under
circumstances not amounting to a felony attempt of another crime:
(A) He or she intentionally and repeatedly harasses or repeatedly follows another
person to that person'sz home, s..1,00 , ,-,laee of °,Y„-,le, ff ent, business, or any other- 1.,..atio,,,
. follows the per-son while the per -sen is in transit betty° °r ,eeat;^„s; and
(B) The person being harassed or followed is ;r+;,,.,idat °,a, harassed, or placed in
fear that the stalker intends to injure the person, another person, or property of the person
Lein- f ll^ , or of another person. The feeling of fear, "Aiffii atie , of har- assmen* must
be one that a reasonable person in the same situation would experience under all the
circumstances; and
(C) The stalker either:
(i) Intends to frighten, intimidate, or harass the person being follow ; or
(ii) Knows or reasonably should know that the person being follow is
afraid, intimidated, or harassed even if the stalker did not intend to place the person in
fear or intimidate or harass the person_ --and
(2) It is not a defense to the crime of stalking under subsection (1)(C)(i) of this section
that the stalker was not given actual notice that the person being followed did not want the stalker to
contact or follow the person; and
(M(D It is not a defense to the crime of stalking under subsection (1)(C)(ii) of this section
that the stalker did not intend to frighten, intimidate, or harass the person being followed.
(-34) It shall be a defense to the crime of stalking that the defendant is a licensed private
detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW.
(45) Attempts to contact or follow the person after being given actual notice that the
person does not want to be contacted or followed constitutes prima facie evidence that the stalker
intends to intimidate or harass the person. "Contact" includes, in addition to any other form of
contact or communication the sending of an electronic communication to the person.
(�6) Except as provided in RCW 9A.46.110(5)(b), such additional elements as constitutes
a class B felony, a person who stalks another person is guilty of a gross misdemeanor. ^ per -son .. h
stalks another- pefsen is guilty ef a gfess misdemeeAier- e�ieept that the pefsen is guilty of a elass G
felony if any of the fellowing applies�
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(67) As used in this section:
(A) "Follows" means deliberately maintaining visual or physical proximity to a
specific person over a period of time. A finding that the alleged stalker repeatedly and
deliberately appears at the person's home, school, place of employment, business, or any
other location to maintain visual or physical proximity to the person is sufficient to find that
the alleged stalker follows the person. It is not necessary to establish that the alleged stalker
follows the person while in transit from one location to another.
(B) "Harasses" means unlawful harassment as defined in PMC 9.08.010 or RCW
10.14.020.
(C) "Protective order" means any temporary or permanent court order prohibiting
or limiting violence against, harassment of, contact or communication with, or physical
proximity to another person.
(D) "Repeatedly" means on two or more separate occasions. (Ord. 3484 Sec. 5,
2001; Ord. 2912 Sec. 1, 1992.)
Section 3. That Section 9.34.020 entitled "Shoplifting" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
9.34.020 SHOPLIFTING. A person who willfully takes possession of any goods,
wares, or merchandise valued at less than twaseven hundred fifty dollars offered for sale by any
wholesale or retail store or other mercantile establishment, includiniz ten or more merchandise
pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and
Ordinance - Criminal Code
Page 3
beverage crates, without the consent of the seller, with the intention of converting such goods, wares,
ennerchandise, pallets or crates, to his own use without having paid the purchase price thereof, is
guilty of shoplifting. Shoplifting is a gross misdemeanor. (Ord. 3488 Sec. 3, 2001.)
Section 4. That Section 9.34.060 entitled "Theft of Rental Equipment" of the Pasco
Municipal Code, shall be and hereby is amended and shall read as follow:
9.34.060 THEFT OF RENTAL EQ TIPMENT LEASED, LEASE - PURCHASED, OR
LOANED PROPERTY. RCW 9A.56.096, as it pei4ains its amendments and additions, pertaining to
the theft of rental equipment, leased, lease - purchased, or loaned propert y valued undef $250at
r_ placement value of less than $750 is adopted in its entirety. Theft of rental egUi}ffient, leased,
lease - purchased, or loaned propert y is a gross misdemeanor. (Ord. 3488 Sec. 3, 2001.)
Section 5. That Section 9.42.140 entitled "Introducing Contraband Third Degree" of the
Pasco Municipal Code, shall be and hereby is amended and shall read as follows:
9.42.140 INTRODUCING CONTRABAND THIRD DEGREE.
W A person is guilty of introducing contraband in the third degree if he or she
knowingly and unlawfully provides contraband to any person confined in a detention facility or
secure facility under Chapter 71.09 RCW. rr +..,.a,,eing eantr-aband third degree is a misdemeanor
(2) This section does not apply to an attorney representing a client confined in a secure
facility under Chapter 71.09 RCW for the purposes of bringing discovery or other legal materials to
assist the client in the civil commitment process under Chapter 71.09 RCW; provided that:
(A) The attorney must be present when the materials are being reviewed or
handled by the client; and
(B) The attorney must take the materials and any and all copies of the materials
when leaving the secure facility.
(3) "Contraband" means any article or thing which a person confined in a detention
facility or secure facility under Chapter 71.09 RCW is prohibited from obtaining or possessing by
statute, rule, regulation, or order of a Court.
(4) Introducing contraband in the third degree is a misdemeanor. (Ord. 3490 Sec. 3,
2001.)
Section 6. That Section 9.46.010 entitled "Riot" of the Pasco Municipal Code, shall be
and hereby is amended and shall read as follows:
9.46.010 Pd0T. CRIMINAL MISCHIEF.
W A person is guilty of the crime of Piet criminal mischief if, acting with three or more
other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way
participates in ^ the use of such force, against any other person or against property t
where the aetor is armed with a deadly weape .
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(2) Except as provided in RCW 9A.84.010(2(b), where the actor is armed with a deadly
weapon, the crime of criminal mischief is a gross misdemeanor. (Ord. 2688 Sec. 1, 1988.)
Section 7. That Section 9.54.050 entitled "Vehicle Prowling" of the Pasco Municipal
Code, shall be and hereby is amended and shall read as follows:
9.54.050 VEHICLE PROWLING IN THE SECOND DEGREE. it shall be tmia fi
for- any per-son with intent to eenHnit a efitne against a pefsaft or- pr-epefty thef!ein, to etAef or- femaifl
sde
1) A Berson is guilty of vehicle prowling in the second degree if. with intent to commit a
crime against person or property therein, he or she enters or remains unlawfully in a vehicle other
than a motor home as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical
means or by sail which has a cabin eauibned with permanently installed sleeping auarters or cooking
facilities.
(2) Except for those circumstances which constitute a felony as defined by RCW
9A.52.100, vehicle prowling in the second degree is a gross misdemeanor. (Ord. 3492 Sec, 3, 2001.)
Section 8. That a new Section 9.34.065 "Shopping Cart Theft" of the Pasco Municipal
Code, shall be and hereby is created and shall read as follows:
9.34.065 SHOPPING CART THEFT.
(1) It is unlawful for any person to do any of the following acts, if a shopping cart has a
permanently affixed sign as provided in subsection (2) of this section:
(A) To remove a shopping cart from the parking area of a retail establishment
with the intent to deprive the owner of the shopping cart the use of the cart; or
(B) To be in possession of any shopping cart that has been removed from the
parking area of a retail establishment with the intent to deprive the owner of the shopping cart
the use of the cart.
(2) This section shall apply only when a shopping cart:
(A) Has a sign permanently affixed to it that identifies the owner of the cart or the
retailer, or both;
(B) Notifies the public of the procedure to be utilized for authorized removal of
the cart from the premises;
(C) Notifies the public that the unauthorized removal of the cart from the
premises or parking area of the retail establishment, or the unauthorized possession of the
cart, is unlawful; and
(D) Lists a telephone number or address for returning carts removed from the
premises or parking area to the owner or retailer.
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(3) Any person who violates any provision of this section is guilty of a misdemeanor.
Section 9. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this ' day of - , 2014.
Matt Watkins, Mayor
A E
De bie Clark, ity Clerk
APPRO S TO FORM:
Leland B. Kerr, City Attorney
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