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HomeMy WebLinkAboutORD 5663CITY OF RENTON, WASHINGTON ORDINANCE NO. 5663 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 6-10-1 OF CHAPTER 10, CRIMINAL CODE, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", ADOPTING BY REFERENCE STATE STATUTES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 6-10-1, Code Sections Adopted, of Chapter 10, Criminal Code, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted in its entirety and replaced with the following: 6-10-1 REVISED CODE OF WASHINGTON. CRIMINAL OFFENSES ADOPTED: A. The City of Renton adopts by reference the sections of the Revised Code of Washington (RCW) noted in subsection C below, as and for a portion of the City of Renton penal code, as if set forth in full, in detail and with specificity, including the criminal, penal and offense classification and applicable penalty and sentencing provisions unless a different classification and/or penalty is specifically provided for the particular sections of the RCW adopted by reference. B. The adoption of sections of the RCW by reference shall not be construed or interpreted to vest in the City any authority or responsibility to prosecute felony offenses, and the adoption of sections of the RCW which include felony provisions shall be limited to those provisions falling within the City's authority, and such adoption, and the provisions being adopted, shall be construed and 1 ORDINANCE NO. 5663 interpreted in accordance with the lawful authority of the City. However, at the discretion of the City prosecutor, when appropriate, the City may prosecute attempted C Felony offenses as they result in gross misdemeanor penalties. C. The City of Renton adopts by reference all of the offenses defined as gross misdemeanors or misdemeanors in the RCW, as now enacted or hereafter amended or adopted, including, but not limited to, RCW Title 9 (Crimes and punishments), RCW Title 9A (Washington criminal code), RCW Title 10 (Criminal procedure), RCW Title 13 (Juvenile courts and juvenile offenders), RCW Title 16 (Animals and livestock), RCW Title 19 (Business regulations - miscellaneous), RCW Title 26 (Domestic relations) RCW Title 46 (Motor vehicles), RCW Title 66 (Alcoholic beverage control), RCW Title 68 (Cemeteries, morgues and human remains), RCW Title 69 (Food, drugs, cosmetics, and poisons), RCW Title 70 (Public health and safety). RCW Title 74 (Public assistance). RCW Title 76 (Forests and forest products), RCW Title 77 (Fish and wildlife). RCW Title 79 (Public lands), RCW Title 79A (Public recreational lands). RCW Title 81 (Transportation). RCW Title 88 (Navigation and harbor improvements), and RCW Title 90 (Water rights - environment). D. The City of Renton adopts by reference the Model Traffic Ordinance (MTO), and WAC 308-330-425, as now enacted or hereafter amended or adopted, including all other statutes adopted by reference in the MTO and WAC 308-330-425, as and for a portion of the City of Renton penal code, as set forth 2 ORDINANCE NO. 5663 in full, in detail and with specificity, including the applicable penalty and sentencing provisions. E. If any specific offense, penalty or sentencing provision of the RCW, WAC or MTO, that was incorporated by reference in RMC Title 6, conflicts with any specific offense, penalty or sentencing provision of the RMC, the RMC shall prevail unless the RCW, WAC or state constitution requires otherwise due to preemption or supremacy. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this 4th day of June , 2012. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 4th day of June , 2012. Denis Law, Mayor Approved as to form: * Lawrence J. Warren, City Attorney Date of Publication: 6/8/2012 (Summary) ORD:1760:5/3/12:scr 3