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Home My WebLink About2694 OrdinanceORDINANCE NO. 2694 AN ORDINANCE Establishing the crime of criminal conspiracy/solicitation and establishing new Section 1.01.146 to the Pasco Municipal Code. WHEREAS, The Pasco City Council upon recommendation of staff and after due deliberation has determined that it is in the interests of the public health, safety and welfare that the Pasco Municipal Code provide for the crime of "criminal conspiracy" (RCW 9A.28.040) in a similar manner as is provided in state statute, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. New Section 1.01.146 is hereby added to the Pasco Municipal Code, which section shall read as follows: 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 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 gross misdemeanor as that term is defined by state statute and subject to the penalties provided in Section 1.01.130. Section 2. This Ordinance shall take effect five days after passage and publication. PASSED by the City Council and APPROVED by the Mayor this 18th day of July, 1988. ED HENDLER, Mayor AT ST: lill°1"415-"'. ELLS, City Clerk AP VED AS TO FORM: RUBSTELLO, City Attorney 210410 99302-2608 (6,rFQ.1,i -t4 Irterald P0 BOX 2608 )AStO, WASHINGTON (509) 582-1500 LEGAL ADVERTISING INVOICE SOLD TO _ - DATE 0722 t "A-3 LEL-1AL NU.uUi.'‘ ACCOUNT NO.,50`150 DESCRIPTIONOr d n a ri T-7, 4 TIMES 001 LINES TOTALS r..= ) ORDINANCE NO 2694 AN ORDINANCE Estab- lishing the crime of criminal conspiracy/solicitation and establishing new Section 1 01 146 to the Pasco Mu- nicipal Code WHEREAS The Pasco City Council upon recom- mendation of staff and after cam deliberation has deter mined that it is in the inter- ests of the public health safety and welfare that the Paso Municipal Code pro- vide for the crime of crimi- nal conspiracy (RCW 9A 28 040) in a similar manner as is provided in state statute, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO OR- DAIN AS FOLLOWS Section 1 New Section 101 146 is hereby added to the Pasco Municipal Code which section shall read as follows 1 01 146 CRIMINAL CONSPIRACY/SOLICITA- TION (1) A person is guilty of criminal conspiracy/soli- citation when with intent that conduct constituting a crime be performed he ag- rees with or encourages or solicits one or more per- sons 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 de fense to criminal conspira- cy/solicitation that the person orperéàni With whom the accused is al- leged to have conspired (a) Has not been pros- ecuted or convicted or (b) Has been convicted of a different offense or (c) Is not amenable to jus- tice or (d) Has been acquitted or (e) Lacks the capacity to commit an offense (3) Criminal conspiracy- /solicitation is a gross mis- demeanor as that term is defined by state statute and. subject to the penalties pro vicled in Section 1 01_130 Section 2 This Ordi- nance -shall take effect five days after passage and publication PASSED by the City Council and APPROVED by the Mayor this 18th day of July 1988 -s- ED Hendler, Mayor ATTEST Evelyn Wells Cibir Clerk APPROVED AS TO FORM (Imo A Rtasstello r— Notary public in an_g Jor the State -of-Waih- zngton, residing at I r COMMISSION EXPIRE NOTICE This Is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment ORDINANCE NO 2694 AN ORDINANCE Estab- lishing the crime of criminal conspiracy/solicitation and establishing new Section 1 01 146 to the Pasco Mu- nicipal Code WHEREAS, The Pasco City Council upon recom- mendation of staff and after due deliberation has deter- mined that it is in the inter- ests of the public health safety and welfare that the Pasop Municipal Code pro- ,' vide for the crime of crimi- 1 nal conspiracy (RCW 9A 28 040) in a similar manner as is provided in state statute NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO 'WASHINGTON DO OR- _ DAIN AS FOLLOWS Section 1 New Section 1 01 146 is hereby added to the Pasco Municipal Code which section shall read as follows 1 01 146 CRIMINAL CONSPIRACY/SOLICITA- TION (1) A person is guilty of criminal conspiracy/soli- citation when with intent that conduct constituting a crime be performed he ag- rees with or encourages or solicits one or more per- sons 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 de- fense to criminal conspira- cy/solicitation that the person or persons with whom the accused is al- , leged to have conspired (a) Has not been pros- ' ecuted or convicted or (b) Has been convicted of a different offense or (c) Is not amenable to jus- tice or _ (d) Has been acquitted or (e) Lacks the capacity to commit an offense (3) Criminal conspiracy- /solicitation is a gross mis- demeanor as that term is defined by state statute and subject to the penalties pro- vided in Section 1 01 130 Section 2 This Ordi- nance shall take effect five days after passage and publication PASSED by the City , Council and APPROVED l by the Mayor this 18th day of July 1988 -s- ED Hendler, Mayor ATTEST Evelyn Wells City Clerk APPROVED AS TO FORM Greg A Rubstello City Attorney LEGAL NO 006931 - July 22, 1988 AFFIDAVIT OF PUBLICATION COUNTY OF BENTON SS STATE OF WASHINGTON -MAC', E. 1 Ir..E.VE.-1 , being duly sworn, deposes and says, I am the Legal Clerk of the In-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been fdr more than six months pnorto the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy ofJr di ri a. it C." tri - 4 as it was printed in the regular and entire issue of the Tn-City Herald , itself and not in a supplement thereof, 0 01 time(s), commencing on , and ending on )7: , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED ND SWORN BEFORE ME THIS DAY OF July 19, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2689 through 2693 on the following date: July 22, 1988 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew