Ordinance 3138-09 - Laserfiche WebLink

ORDINANCE NO. 3138-09 An Ordinance relating to Property Crimes, Amending Ordinances 1145-85 and 2270-98 (EMC 10.56) as provided in Section 11 of this Ordinance. Whereas, the State of Washington legislature has revised the definitions of several property crimes, including malicious mischief, theft, unlawful issuance of bank check or draft, theft of rental, leased, lease-purchased or loaned property, and possessing stolen property; and Whereas, the State revisions affect City of Everett gross misdemeanor crimes because the revisions involve a change in the dollar amount that distinguish a crime from being subject to punishment as a felony and punishment as a gross misdemeanor; and Whereas, the proposed revisions in this ordinance will result in Everett property crime definitions being the same as State property crime definitions; and Whereas, the City of Everett has the power to provide for the punishment of all practices dangerous to public health or safety, and to make regulations necessary for the preservation of public health, peace and good order and to provide for the punishment of all persons charged with violating any city ordinances; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 40 of Ordinance 1145-85 (EMC 10.66.040), which reads as follows: Criminal mischief—Designated—Prohibited. A. A person is guilty of criminal mischief if he or she knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree, as those offenses are defined in RCW Chapter 9A.48. B. Criminal mischief is a gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars; otherwise, it is a misdemeanor. Is hereby amended to read as follows: