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3 <br />Ordinance No. <br />An Ordinance relating to Vehicle Prowling, Amending Section 49 of <br />Ordinance No. 1145-85, as amended (EMC 10.68.060). <br />Whereas, in the 2013 session, the State Legislature amended RCW 9A.52.100 (vehicle <br />prowling in the second degree) to address repeat vehicle prowling offenders, and defined a third <br />or subsequent conviction of vehicle prowling as a class C felony; and <br />Whereas, the- City of Everett City Council deems it appropriate for vehicle prowling <br />second degree provisions in the City Criminal Code to be consistent with RCW 9A.52.100; <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br />Section 1: <br />Section 49 of Ordinance No. 1145-85 (EMC 10.68.060), which reads as follows: <br />Vehicle prowling. <br />A. A person is guilty of vehicle prowling if, with intent to commit a crime against a person or <br />property therein, he enters or remains unlawfully in a vehicle other than a motor home, as <br />defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail <br />which has a cabin equipped with permanently installed sleeping quarters or cooking facilities. <br />B. Vehicle prowling is a gross misdemeanor. <br />Is hereby amended to read as follows: <br />Vehicle prowling. <br />A. A person is guilty of vehicle prowling if, with intent to commit a crime against a person or <br />property therein, he enters or remains unlawfully in a vehicle other than a motor home, as <br />defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail <br />which has a cabin equipped with permanently installed sleeping quarters or cooking facilities. <br />B. Except as provided in subsection C of this section, Vehicle vehicle prowling is a gross <br />misdemeanor. <br />C. Vehicle prowling in the second degree is a class C felony upon a third or subsequent <br />conviction of vehicle prowling in the second degree. A third or subsequent conviction means <br />10 <br />