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Ordinance 4326ORDINANCE NO. 4326 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.01 ECC (PUBLIC SAFETY AND MORALS, PRELIMINARY ARTICLE) TO ADOPT BY REFERENCE RCW 9.94A.835; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DA TE. WHEREAS, the City has, under Edmonds City Code (ECC) Section 5.01.010 (Public Safety and Morals, Preliminary Article, General Provisions), adopted certain Washington State statutes by reference , which have general application to the prosecution of crimes; and WHEREAS, the prosecuting attorney is authorized under RCW 9.94A.835 (Special allegation -Sexual motivation -Procedures) to file a special allegation of sexual motivation in every criminal case, including misdemeanors and gross misdemeanors, other than sex offenses as defined in RCW 9.94A.030 when sufficient admissible evidence exists to do so; and WHEREAS, the City's Prosecuting Attorney's Office has determined that it is not currently authorized under the ECC to file such special allegation; and WHEREAS, after review and discussion, the City Council has determined it to be appropriate to amend ECC 5.01 .010 to adopt RCW 9 .94A .835 by reference; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHING TON, DO ORDAIN AS FOLLOWS: Section I. ECC 5.01.010 is hereby amended to read as follows (new text shown in underline): 5.01.010 General provisions. The following statutes of the state of Washington are adopted by reference : RCW 9.01.055 Citizen immunity of aiding officer 9.01.110 Omission, when not punishable 9.01.120 Civil remedies preserved 9.01.130 Sending letter, when complete 9.01.160 Application to existing civil rights 9 .94A.835 Sp ecial a ll egat ion -Sexu a l motiva tion -Proc edures 9A .04.020 Purposes -Principles of construction 9A .04 .040 Classification of crimes 9A.04 .050 People capable of committing crimes (capability of children) 9A .04 .060 Common law to supplement statutes 9A.04 .070 Who amenable to criminal statutes 9A.04.090 Application of general provisions of the code 9A .04.100 Proof beyond a reasonable doubt 9A .04.110 Definitions Chapter 89, Sections 16 and 17, Laws of 1993 amending RCW 15.60.150 and 15.60.170 establishing criminal penalties for violation of the state beekeeping statutes. Chapter 208, Section 2, Laws of 1993 amending RCW 14.20.020, establishing criminal penalties for acting as an aircraft dealer without a valid aircraft dealer's license. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date . This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: cr'~SEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFF~ - FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DA TE: ORDINANCE NO. APPROVED : / ~J ~ENELSON October 13, 2023 October 1 7, 2023 October 20, 2023 October 25, 2023 4326 2 SUMMARY OF ORDINANCE NO. 4326 of the City of Edmonds, Washington On the 17t11 day of October, 2023, the City Council of the City of Edmonds, passed Ordinance No . 4326. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.01 ECC (PUBLIC SAFETY AND MORALS, PRELIMINARY ARTICLE) TO ADOPT BY REFERENCE RCW 9.94A.835; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DA TE. The full text of this Ordinance will be mailed upon request. DA TED this 17 th day of October, 2023 . Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the dale of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or pa11 in the Everett Daily Herald and is of general circulation m said County, and is a legal newspaper, m accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 2 I 3, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, I 941, and that the annexed is a tru e copy of EDI-1986014 ORDS 4325,-6 ,-7 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 10/20/2023 and ending on 10/20/2023 and th at said newspaper was regularly distributed to its subscribers during all of said period. The amount of th $44.72. ub lica tio n i • Subscrib~ and sworn !:::~ this r::::2 0 day of ~, . s::?ZJ~ Washington. Ci1 y of Etltthimls -LEGAL AD S j 14101416 SCO IT PA SSL::Y Linda Phillips Notary Public State of Washington My Appointment Expires 8/29/2025 Commission Numbe:r 4.t 17 Classified Proof ORDINANCE SM'AMARY of tho CHy ol Edn,on . Washinglon On lh• 171h Day of October 2023 . lh• c;iy Couru:•I of lllft Clly cf Edmonds. pM,ed l hfl ro uowlng Ordin.,nco~. lho summar1•• of said ord1n•nces consisting J~~ ... :u1~i~1 •i to •ows . AN ORo1NANcE oF t11E c1W oF EDMONDs. WASH INGTON . AMENDING CHAPTER 5 .05 ECC (AN IMA L CONTROL) TO UPDATE CERTAIN PROVISIONS RELATING TO REOUIRl:MENTS FOR DANGEROUS DOGS: PROVIDING FOR SEVERABILITY: ANO SETT ING AN EFFECTIVE DATE . ORDINANCE NO •326 AN ORDINANCE OF ll-11: CtTY OF EDMONDS . WASHINGTON . AMENOlNG CHAPTER 5,01 ECC (PUBLIC SAFElY Al)ID MORALS , PREL II.IINARY ARTICLE) TO ADOPT BY REFERENCE RCW ~94A .835: PROVI DING FOR SEVERABlLITY; AND SETTING Aloi EFFECTIVE DATE. ORDINANCE NO. 4327 AN ORDINANCE OF THE CITY OF EDMONDS . WASHINGTON, ADOPTING SEC"\"tON 5.36 .045 ECOC ENTITLED "VEH ICLE TRE SPAss·: PROVIDING FOR SE\/ERABILITY; P,ND SETTING AN EFFECTIVE DATE. g~egL~~~.7~~,-•Jf~~~r, 2023. Published: October 20, 2023 . EDHg86014 Proofed by Phillips, Linda, 10/20/2023 08:38:15 am Page: 2