Ordinance 2523RPB:jt
7/25/85
ORDINANCE NO. 2523
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
REPEALING SECTION 5.17.050 OF THE EDMONDS MUNICIPAL
CODE ENTITLED "PROPERTY DESTRUCTION"; ADDING A NEW
SECTION 5.17.050 ENTITLED MALICIOUS MISCHIEF; AND
DECLARING AN EMERGENCY REQUIRING THAT THIS ORDINANCE
BECOME EFFECTIVE IMMEDIATELY.
WHEREAS, the Edmonds City Council acknowledges that South
District Court ruled Edmonds Municipal Code Section 5.17.050
entitled "Property Destruction" unconstitutional, and
WHEREAS, the Edmonds City Council finds that the adoption
by reference of the State law entitled "Malicious Mischief" is in
the interests of the public health, safety and welfare, now,
therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.17.050 of the Edmonds Municipal
Code entitled "Property Destruction" is hereby repealed.
Section 2. There is hereby added to the Edmonds Munici-
pal Code a new section 5.17.050 to read as follows:
5.17.050 Malicious Mischief.
A. A person is guilty of malicious mischief in the
third degree if he knowingly and maliciously causes
physical damage to the property of another, under
circumstances not amounting to malicious mischief in
the first or second degree under RCW 9A.48.
B. For the purposes of this section, "physical damage",
in addition to its ordinary meaning, shall include
the alteration, damage or erasure of records,
information, data or computer programs which are
electronically recorded for use in computers.
Section 3. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or unconstitu-
tional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
Section 4. The City Council hereby declares that an
emergency exists necessitating that this ordinance take effect
immediately upon passage by a unanimous vote of the members of
the City Council. This ordinance shall be published in the
official newspaper of the City.
APPROVED:
L�cw' %VOL
MAYOR, LAR Y S.tNAIDGHTEN
ATTEST/AUTHENTICATED:
XITY4JCLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
B Y V
FILED WITH THE CITY CLERK: July 29, 1985
PASSED BY THE CITY COUNCIL: September 10, 1985
PUBLISHED: September 15, 1985
EFFECTIVE DATE: September 10, 1985
ORDINANCE NO. 2523
- 2 -
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHONiISH,
ORDINANCE NO. 2523
AN ORDINANCE OF THE CI ONDS, WASH-
INGTON, REPEALING SECTION 5.17.050 OF THE ED-
MONDS MUNICIPAL CODE ENTITLED_, "PROPERTY
DESTRUCTION"; ADDING A NEW SECTION 5.17.050
ENTITLED MALICIOUS MISCHIEF; AND DECLARINt
' AN . EMERGENCY REQUIRING, THAT THIS 'ORDI-
NANCE BECOME'EFFECTIVE-IMMEDIATELY.
WHEREAS, the Edmonds'City Council acknowledges that
South District Court ruled Edmonds -Municipal Code Section
5.17.050 entitled -Property Destruction" unconstitutional,
and
WHEREAS, the Edmonds City Council tintl;;.that the atlop-
-tion.:by-reference of the 'Sfate iaw,entitled."Malicious Mis-
chief' isin.the. interests of. the public health, spfety End
welfare;,ltow,_fherefore,
THE city- COUNCIL - OF THE CITY OF-' EDMONDS;`
WASHINGTON, DO ORDAIN AS FOLLOWS:;
Section I. Section 5:17i050 of the-Ednionds.Municipal Code
t e en roperty Destruction" ishereby repealed.
-Sectfod-2..There is hereby added to the Edmonds Munici-
PaTZoTe a new -section 5.17A50 6:reod as follows
5;17.050cMalicious Mischief. - -
person Is-gul y; o.maliciousmischief in the Ihird
degree if he knowingly and maliciousty causes physical
damage to the propertyof another; under; circum-
sfaoces'not amounting to malicious mischief iri the first
`or second degree under:RCW 9A.48.
8. For'the pdrposes'of this, section, ."physical damage", in -
il addition . to its ordinary- meaning,. shall include the
alteration, damage or erasure of.records,-information; -
data 'or'con6uter programs which are electronically
recorded for use in computers.
ltf any seation, sentence, clause or phrase of this
or mance s ould be held: to be Inyolid or cunconsiftutional by'
a court of competent iurisdiction, such invalidity Or uncon-. .
stifutionality shall notaffect.the valldify,.or constitutionality
Of any other section, sentence, clause or phrase of this
=ordinance.. -
Section-4. The City Council hereby declares that an emer-
gency`ex s s necessitating that this ordinance take effect
immediately,. _upon j Passage by a unanimous- votes of ;,the
rnembers'eof the'CitTCouncfl.This ordinance shall.be.publ
lished in the; official: newspaper of the City.
APPROVED:
--LARRY S. NAUGHTEN, Mayor,
ATTESVAUTHEN TiCATED:
JACQUELIN,.G, PARRETT, City Clerk
APPROVE6,A$• TO FORM:
OFFICE OF. ;THE CITY ATTORNEY: -
BY W. SCOTT_ SNYDER - - -
FILED WITH THE CITY CLERK: July 29, 1985. _
PASSED BY.THE.CITY COUNCIL: September 10, 1985. .
EFFECTIVE -DATE: September 10, 1985.
.ORDINANCE NO.-2523;
Published: 3epfember 15, 1985. -
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ------- -------------------------------
Ordinance 2523
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
September 15, 1955
........ ..............._...............----- ' - -- -------...........................----------......--.......--------
and that said newspaper was regularly distributed to its subscribers
during all of said period.
1.
f Principal Clerk
16th
Subscribed and sworn to before me this...
day of ......... ;Sep-t emb e r...., ....................
--•-• -. .. •--`"�---- �-�---• - -------=%�= --•- .............. ...... ...i--- --------------------------------
Not y Publidin and for the State of Washington,
res'd ng at Everett, Snohomish County.
B-2-1