HomeMy WebLinkAboutORD 5652CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5652
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
18, PENAL CODE, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON", CLARIFYING AND STRENGTHENING THE PENAL CODE BY
REVISING SECTIONS 6-18-5, DANGEROUS WEAPONS; EVIDENCE, 6-18-11,
BREACH OF THE PUBLIC PEACE, 6-18-19, MAKING OR HAVING AUTO THEFT
TOOLS, AND 6-18-20, PARK RULES AND REGULATIONS VIOLATIONS; AND
PERMITTING OFFENSES TO BE CHARGED AND PLEAD GUILTY TO UNDER THE
RMC BY ADDING SEVEN NEW SECTIONS, "ADJOURNMENT IN CONTEMPLATION
OF DISMISSAL", "CRIMINAL ACCOMPLICE", "CRIMINAL ATTEMPT", "CRIMINAL
COERCION", "CRIMINAL CONSPIRACY", "CRIMINAL DEFENSE OF INSANITY",
AND "CRIMINAL SOLICITATION".
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 6-18-5, Dangerous Weapons; Evidence, of Chapter 18, Penal
Code, of Title VI (Police Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington", is hereby amended as follows:
6-18-5 DANGEROUS WEAPONS; EVIDENCE:
A. It shall be unlawful for any unauthorized person to manufacture, sell or
dispose of or have in his possession any instrument or weapon of the kind
usually known as sling shot, sand club or metal knuckles; or any weapon, stick,
chain, club or combination thereof, including a device usually known as
nunchakus stick, or any like device having the same or similar components or
parts, whether or not connected by a rope, chain or other device; or to furtively
carry, or conceal any dagger, dirk, knife or other dangerous weapon, or to use
any contrivance or device for suppressing the noise of any firearm.
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B. Subsection A of this section does not apply to:
1. The possession of a spring blade knife by a law enforcement officer
while the officer:
a. Is on official duty; or
b. Is transporting the knife to or from the place where the knife is
stored when the officer is not on official duty.
2. The storage of a spring blade knife by a law enforcement officer.
C. Violation of this section shall be a gross misdemeanor.
SECTION II. Section 6-18-11, Breach of the Public Peace, of Chapter 18, Penal Code, of
Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington", is hereby amended as follows:
6-18-11 BREACH OF THE PUBLIC PEACE:
A. It A person shall be a guilty of breach of public peace if &u#r a_person by
his or her actions or words intentionally causes or commits, or by his actions or
words is likely to cause or commit, a broach of tho public peace. "Public peace",
for tho purpose of this Section, is dofinod as the right of members of tho general
public to bo free from unreasonable noise, public danger, alarm, disorder,
nuisance, foar or damage, either to person or property. For tho purposes of this
Section tho following acts aro doomed a breach of public peace, and any person
committing any ono or more of these acts will bo guilty of breach of tho public
peace, to-wit: any of the acts listed in subsections 1 through 10 of this section.
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AT 1. Acts of Physical violence, including fights whothor with foot,
hands, fists or weapons, whether kicked, thrown, swung or otherwise utilized.
Br 2. Acting in a vViolent, threatening, intimidating or hostile manner
acts toward another that causes such person such that said person is to
reasonably placed in fear ef injury te-or loss fea* of h4s life, body, limb, health or
safety of him or herself; another in close physical proximity to said person; or
another who is a family member or close friend of said person.
€T 3. Acts in a vViolent, threatening, intimidating or hostile manner
acts toward the physical or real property of another person whereby such
person is put in reasonable fear of the safety or integrity of such property.
Br 4. Urinates or defecates in a public place or in a place open to public
view.
£r 5. Makes, allows, continues or causos to bo made or allowed or
continued, any excessive unnecessary or ^Unusually loud or repetitive noise,
after being asked by someone to stop or reduce the noise, or any noise which
either annoys, disturbs, injures or endangers a reasonable person's the comfort,
repose, health, peace or safety of others in or around a residential area; a school
(for a period thirty (30) minutes before school begins until thirty (30) minutes
after school has finished); or a medical facility during surgery and recovery
periods. Constitutional rights to assemble, free speech, and religion are not
limited or infringed upon by this section. The reasonable person(s) harmed does
not have to be the person(s) who asked for the noise to be stopped or reduced.
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FT 6, Addresses abusive, vile, or profane or obscene language or
threats to any person which demeans tho charactor, intelligence, morality or
fitness of the othor party, which language or throats interferes with or threatens
to interfere with tho othor party's another's lawful pursuit of his or her
profession, or which interferes with the peaceful pursuit of a lawful activity of
that othor person another, or the general public.
GT 7. Damages, befouls Impermissibly alters or disturbs public property
or property of another so as to create a condition that a reasonable person
would find hazardous, unhealthy or physically offensive condition.
HT 8. Organizes, operates, provides space for, permits or allows to
continue, any gathering of people, when such gathering creates such noise as
annoys, disturbs, injures or endangers the a reasonable person's comfort,
repose, peace or safety of others, or when the method of transportation, either
when being operated, or when awaiting use, seriously congests public rights-of-
way or interferes with the use and enjoyment of adjoining property.
9. Causes or participates in any riot.
10. Is found in any public place under the influence of intoxicating
liquor, any drug, controlled substance, toluene (paint thinner or similar
substance), or any combination of any intoxicating liquor, drug, controlled
substance, or toluene:
a. in a condition that they are unable to exercise care for their
own safety or the safety of others, or
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b. by reason of their being under the influence of intoxicating
liquor, any drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the
free use of any street, sidewalk, or other public way.
B. Definitions:
1. "Peace", for the purpose of this section, is defined as the right of the
general public or members thereof to be free from unreasonable noise, public
danger, alarm, disorder, nuisance, fear or damage, either to person or property.
2. "Residential area", for the purpose of this section, is defined as an
area zoned for any type of residential dwellings, structures, habitations, or
houses, or is close enough to such an area where a person in such a residence is
able to hear sound, words or music, at a level above a reasonable person's
conversational level.
3. "Riot":
a. That the accused was a member of an assembly of three (3) or
more persons;
b. That the accused and at least two (2) other members of this
group mutually intended to assist one another against anyone who might
oppose them in doing an act for some private purpose or mayhem;
c. That the group or some of its members, in furtherance of such
purpose, unlawfully committed a tumultuous disturbance of the peace in a
violent or turbulent manner; and
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d. That these acts terrorized the public in general in that they
caused or were intended to cause public alarm or terror.
C. It shall be unlawful a gross misdemeanor under RMC 1-3-1 for any person
to broach tho public poaco in tho City commit acts that fall under subsections
A.l. A.2, A.3, A.8 or A.9 of RMC 6-18-11. It shall be a misdemeanor under RMC
1-3-1 for any person to commit acts that fall under the remaining subsections of
RMC 6-18-11.
SECTION III. Section 6-18-19, Making or Having Auto Theft Tools, of Chapter 18, Penal
Code, of Title VI (Police Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington", is hereby amended to re-title it as "Having,
Making or Using Motor Vehicle Theft Tools", and as follows:
6-18-19 MAKING OR HAVING. MAKING OR USING AUTO MOTOR VEHICLE
THEFT TOOLS:
A. Every person who shall make or mend, or cause to be made or mended,
or have has in his or her possession, any ongino, machine, tool, false koy, pick
lock, bit, nippers, or implomont or any othor implement listed in subsoction B,
motor vehicle theft tool, that is adapted, designed, or commonly used for the
commission of motor vehicle related theft, under circumstances evincing an
intent to use or employ, or allow the same to be used or employed in the
commission of a motor vehicle related theft, or knowing that the same is
intended to be so used, shall bo is_guilty of making or having atrte motor vehicle
theft tools.
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B. The following tools aro to bo considered prohibited implements: For the
purposes of this section, motor vehicle theft tool includes, but is not limited to,
one or more of the following: U a_slim jim, 3} a_false master key, 3} ajnaster
purpose key, 4) an altered, shaved or filed false key, an unregistered duplicate
key, 5) a_trial (^orjiggler^ keys, 6} a_slide hammer, 7-f-aJock puller, picklock, bit,
nipper, key signal capture, copy, record or stealing device or 8) any other
implement when shown by facts and circumstances that is intended to be used
in the commission of a motor vehicle related theft or knowing that the same is
intended to be so used.
C. For the purposes hereof, the following definitions s-kall apply:
1. "False master" or "master key": Any is any key or other device made
or altered to fit locks or ignitions of multiple vehicles, or vehicles for which it is
not specifically registered, carved or created, other than that for which tho key
was originally manufactured.
2. "Altered or shaved key": Any is any key so altered, by cutting, filing,
or other means, to fit multiple vehicles, or vehicles for which it is not specifically
registered, carved or created, othor than tho vehicle for which tho koy was
originally manufactured.
3. "Trial ("Jiggler") keys" or "iiggler keys"T-K are keys or sets designed or
altered to manipulate a vehicle locking mechanism for which it is not specifically
registered, carved or created, other than the lock for which tho key was
originally manufactured.
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D. Possession of multiple vehicle keys, or altered vehicle keys, shall be
prima facie evidence of "circumstances evincing an intent to use for commission
of a vehicle related theft." This presumption may be rebutted where such person
is a bona fide locksmith or an employee of a licensed auto dealer or other
position for which the possession of such keys is necessary for the performance
of his/her duties.
SECTION III. Subsections 6-18-20L, Vandalism, and 6-18-20O, Conduct, of Chapter 18,
Penal Code, of Title VI (Police Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington", are hereby amended as follows:
L Vandalism: It is unlawful to remove, destroy, mutilate or deface any
structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench,
shrub, tree, fern, plant, flower, lighting system or sprinkling system, or other
property lawfully in any park. Violation of this subsection shall be a gross
misdemeanor.
0. Conduct:
1. It is unlawful to use abusive, vile, or profane, or obscono language or
threats, which interfere with the reasonable use of a park by the general public.
2. It is unlawful to engage in acts of violence, including but not limited to
fights of any kind, or to act in a violent, threatening, intimidating, or hostile
manner toward another person whereby such person is put in reasonable fear
for his/her safety. Violation of this subsection 2 shall be a gross misdemeanor.
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SECTION III. Chapter 18, Penal Code, of Title VI (Police Regulations), of Ordinance No.
4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby
amended to add seven new sections 21 - 27, entitled "Adjournment in Contemplation of
Dismissal", "Criminal Accomplice", "Criminal Attempt", "Criminal Coercion", "Criminal
Conspiracy", "Criminal Defense Of Insanity", and "Criminal Solicitation" respectively, to read as
shown below. The current sections 21, Violation - Penalty, and 22, Severability, shall be
renumbered as sections 28 and 29 respectively.
6-18-21 ADJOURNMENT IN CONTEMPLATION OF DISMISSAL:
A. Upon or after arraignment in Renton Municipal Court upon an accusatory
instrument, and before entry of a plea of guilty thereto or commencement of a
trial thereof, the court mav upon motion of the prosecutor order that the action
be "adjourned in contemplation of dismissal," as prescribed in subsection C.
An adjournment in contemplation of dismissal is an adjournment of the
action without date ordered with a view to ultimate dismissal of the accusatory
instrument in furtherance of justice. Upon issuing such an order, the court must
release the defendant on his or her own recognizance.
C Upon application of the prosecutor, made within one (1) year of the
issuance of such order in the case of a misdemeanor, and within two (2) years of
the issuance of such order in the case of a gross misdemeanor, as they currently
exist or are amended in the future, the court must restore the case to the
calendar upon a determination that dismissal of the accusatory instrument
would not be in furtherance of justice, and the action must thereupon proceed.
ORDINANCE NO. 5652
If the case is not so restored within the periods noted above, the accusatory
instrument is, at the expiration of such period, deemed to have been dismissed
by the court in furtherance of justice.
IL A determination that dismissal of the accusatory instrument would not
be in furtherance of justice is appropriate when the defendant has plead or be
found guilty of any crime, the court finds probable cause or notes on the record
that another court has found probable cause to believe that the defendant has
committed a crime, or the court finds that or notes on the record that another
court has found that the defendant has failed to comply with the terms of his
release on his own recognizance, bail, parole, or other equivalent.
E. In conjunction with an adjournment in contemplation of dismissal the
court mav issue a no-contact order pursuant to section RCW 10.99.040, requiring
the defendant to comply with the requirements of the order subiect
enforcement under 10.99.055, and to the penalties provided in RCW 26.50.110,
as those sections currently exist or mav be amended in the future.
L Where the accusatory instrument charges a crime or violation between
members of the same family or household, as the term "Family or household
members" is defined in RCW 10.99.020(3), the court may as a condition of an
adjournment in contemplation of dismissal order, require that the defendant
participate in a domestic violence educational program.
G. The court mav grant an adjournment in contemplation of dismissal on
condition that the defendant participates in dispute resolution and complies
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with any resulting award or settlement, provided that the matter is not a RCW
10.99 or RCW 26.50 case.
hL The court mav as a condition of an adjournment in contemplation of
dismissal order, require the defendant to perform services for a public or not-
for-profit corporation, association, institution or agency in the City of Renton.
Such condition mav only be imposed where the defendant has consented to the
amount and conditions of such service. The court mav not impose such
conditions in excess of the length of the adjournment.
j\ The court mav, as a condition of an adjournment in contemplation of
dismissal order, where a defendant is under twenty-one (21) years of age and is
charged with a gross misdemeanor, misdemeanor or any combination of the two
(2) in which the record indicates the consumption of alcohol by the defendant
mav have been a contributing factor, require the defendant to attend a certified
alcohol awareness program.
J. The granting of an adjournment in contemplation of dismissal shall not
be deemed to be a conviction or an admission of guilt.
JC. No person shall suffer any disability or forfeiture as a result of such an
order. Upon the dismissal of the accusatory instrument pursuant to this section,
the arrest and prosecution shall be deemed a nullity and the defendant shall be
restored, in contemplation of law, to the status he occupied before his or her
arrest and prosecution.
6-18-22 CRIMINAL ACCOMPLICE:
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A. A person is guilty of a crime under the RMC if it is committed by the
conduct of another person for which he or she is legally accountable.
B. A person is legally accountable for the conduct of another person when:
1. Acting with the kind of culpability that is sufficient for the
commission of the crime, he or she causes an innocent or irresponsible person to
engage in such conduct; or
2. He or she is made accountable for the conduct of such other person
by this title or by the law defining the crime; or
3. He or she is an accomplice of such other person in the commission of
the crime.
C. A person is an accomplice of another person in the commission of a crime
if:
1. With knowledge that it will promote or facilitate the commission of
the crime, he or she:
a. Solicits, commands, encourages, or requests such other person to
commit it; or
b. Aids or agrees to aid such other person in planning or committing
it; or
2. His or her conduct is expressly declared by law to establish his or her
complicity.
D. A person who is legally incapable of committing a particular crime
himself or herself mav be guilty thereof if it is committed by the conduct of
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another person for which he or she is legally accountable, unless such liability is
inconsistent with the purpose of the provision establishing his or her incapacity.
E. Unless otherwise provided by the RMC or by the law defining the crime,
a person is not an accomplice in a crime committed bv another person if:
1. He or she is a victim of that crime; or
2. He or she terminates his or her complicity prior to the commission of
the crime, and either gives timely warning to the law enforcement authorities or
otherwise makes a good faith effort to prevent the commission of the crime.
F. A person legally accountable for the conduct of another person mav be
convicted on proof of the commission of the crime and of his or her complicity
therein, though the person claimed to have committed the crime has not been
prosecuted or convicted or has been convicted of a different crime or degree of
crime or has an immunity to prosecution or conviction or has been acquitted.
6-18-23 CRIMINAL ATTEMPT:
A A person is guilty of an attempt to commit a crime when, with intent to
commit a crime, he or she engages in conduct which tends to effect the
commission of such crime.
IL. An attempt to commit a crime is a:
1. Misdemeanor when the crime attempted is a gross misdemeanor;
Z Misdemeanor when the crime attempted is a misdemeanor.
C If the conduct in which a person engages otherwise constitutes an
attempt to commit a crime pursuant to the RMC it is no defense to a prosecution
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for such attempt that the crime charged to have been attempted was, under the
attendant circumstances, factually or legally impossible of commission, if such
crime could have been committed had the attendant circumstances been as such
person believed them to be.
[X Attempt mav be designated in charging instruments or complaints as
"Attempted" or "RMC 6-18-21/(the crime or section of RMC that is being
charged)."
6-18-24 CRIMINAL COERCION:
A. A person is guilty of coercion if by use of a threat he or she compels or
induces a person to engage in conduct which the latter has a legal right to
abstain from, or to abstain from conduct which he or she has a legal right to
engage in.
B. "Threat" as used in this section means to communicate, directly or
indirectly, the intent immediately to use or cause any of the following against
any person who is present at the time:
1. Bodily injury in the future to the person threatened or to any other
person: or
2. Physical damage to the property of a person other than the actor; or
3. To subiect the person threatened or any other person to physical
confinement or restraint; or
4. To accuse any person of a crime or cause criminal charges to be
instituted against any person: or
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5. To expose a secret or publicize an asserted fact, whether true or
false, tending to subiect any person to hatred, contempt, or ridicule; or
6. To reveal any information sought to be concealed by the person
threatened; or
7. To testify or provide information or withhold testimony or
information with respect to another's legal claim or defense; or
8. To take wrongful action as an official against anyone or anything, or
wrongfully withhold official action, or cause such action or withholding; or
9. To bring about or continue a strike, boycott, or other similar
collective action to obtain property which is not demanded or received for the
benefit of the group which the actor purports to represent; or
10. To do any other act which is intended to harm substantially the
person threatened or another with respect to his health, safety, business,
financial condition, or personal relationships;
C. The coercion mav be charged in the City of Renton if:
1. The threat was conveyed, issued, made, stated or uttered in the City
of Renton: or
2. If the compelled or induced conduct, or the abstained conduct which
the person had a legal right to engage in was perform or was to be performed in
the City of Renton;
D. Coercion is a gross misdemeanor.
6-18-25 CRIMINAL CONSPIRACY:
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/V A person is guilty of criminal conspiracy when, with intent that conduct
constituting a crime be performed, he or she agrees with one or more persons to
engage in or cause the performance of such conduct, and any one of them takes
a substantial step or an overt act in pursuance of such agreement.
It shall not be a defense to criminal conspiracy that the person or persons
with whom the accused is alleged to have conspired:
1. Has not been prosecuted or convicted; or
2. Has been convicted of a different offense; or
3^ Is not amenable to justice; or
4. Has been acquitted; or
5. Lacked the capacity to commit an offense; or
6^ Is a law enforcement officer or other government agent who did not
intend that a crime be committed.
C Criminal conspiracy is a misdemeanor when an object of the
conspiratorial agreement is a gross misdemeanor or misdemeanor.
6-18-26 CRIMINAL DEFENSE OF INSANITY:
To establish the defense of insanity, it must be shown that:
A. At the time of the commission of the offense, as a result of mental
disease or defect, the mind of the actor was affected to such an extent that:
1. He or she was unable to perceive the nature and quality of the act
with which he or she is charged; or
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2. He or she was unable to tell right from wrong with reference to the
particular act charged.
B. The defense of insanity must be established by a preponderance of the
evidence.
6-18-27 CRIMINAL SOLICITATION:
A person is guilty of criminal solicitation when, with intent to promote or
facilitate the commission of a crime under the RMC, he or she offers to give or
gives money or other thing of value to another to engage in specific conduct
which would constitute such crime or which would establish complicity of such
other person in its commission or attempted commission had such crime been
attempted or committed.
SECTION IV. Section 6-18-21, Violation - Penalty, of Chapter 18, Penal Code, of Title VI
(Police Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of
Renton, Washington", is hereby amended to be renumbered as section 6-18-28, as specified in
Section III above, and as follows:
6-18-218 VIOLATION - PENALTY:
Any person violating any of the provisions violation of this chapter shall be
guilty of a misdemeanor, unless specifically designated a gross misdemeanor
and, upon conviction thereof, shall be punished by a fine not exceeding $1,000,
or by imprisonment for a period not exceeding 90 days, or by both such fine and
imprisonment as provided in RMC 1-3-1.
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SECTION V. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this 6th day of February ., 2012.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this _6th_ day of February _, 2012.
Approved as to form:
. is*
Denis Law, Mayor
Lawrence J. Warren, City Attorney
Date of Publication: 2/10/2012 ( summary)
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