2013/07/31 Council Agenda Packet

Ordinance No. An Ordinance relating to Vehicle Prowling,Amending Section 49 of Ordinance No. 1145-85, as amended(EMC 10.68.060). Whereas, in the 2013 session, the State Legislature amended RCW 9A.52.100 (vehicle prowling in the second degree) to address repeat vehicle prowling offenders, and defined a third or subsequent conviction of vehicle prowling as a class C felony; and Whereas, the City of Everett City Council deems it appropriate for vehicle prowling second degree provisions in the City Criminal Code to be consistent with RCW 9A.52.100; NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 49 of Ordinance No. 1145-85 (EMC 10.68.060),which reads as follows: Vehicle prowling. A. A person is guilty of vehicle prowling if,with intent to commit a crime against a person or property therein,he 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 equipped with permanently installed sleeping quarters or cooking facilities. B. Vehicle prowling is a gross misdemeanor. Is hereby amended to read as follows: Vehicle prowling. A. A person is guilty of vehicle prowling if,with intent to commit a crime against a person or property therein, he 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 equipped with permanently installed sleeping quarters or cooking facilities. B. Except as provided in subsection C of this section,Vehicle vehicle prowling is a gross misdemeanor. C. Vehicle prowling in the second degree is a class C felony upon a third or subsequent conviction of vehicle prowling in the second degree. A third or subsequent conviction means 2