Ordinance 3727ORDINANCE NO. 3727
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CONCERNING ADOPTION OF STATE
CRIMINAL ATTEMPT STATUTES BY REFERENCE;
PROVIDING FOR SEVERABILITY; AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the Snohomish County Prosecuting Attorney, citing budgetary
constraint, reduction in staff and a resulting desire to allocate available resources to violent
crimes, has informed the City of Edmonds ( "City ") that it will exercise its prosecutorial
discretion to decline to prosecute certain class C felonies; and
WHEREAS, the City does not have jurisdiction to prosecute felonies that the
County Prosecutor declines to prosecute, it can prosecute, as gross misdemeanors in the
Municipal Court of the City of Edmonds ( "Municipal Court"), criminal attempts to commit class
C felonies within the City; and
WHEREAS, the Municipal Court only has jurisdiction to adjudicate citations for
criminal violations that violate City ordinance or the Edmonds City Code (`BCC "); and
WHEREAS, the City may, by reference or verbatim, adopt non - felony criminal
codes in the Revised Code of Washington ( "RCW ") into the ECC; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
Section 1. Amended. ECC 5.08.010 Anticipatory offenses prohibited. is hereby
amended to read as follows:
5.08.010 Anticipatory offenses prohibited.
The following statutes of the state of Washington, including all
future amendments, are adopted by reference as if set forth in full
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herein:
RCW 9A.28.020(1),(2),(3)(d),(3)(e) Criminal attempt
RCW 9A.28.030 Criminal solicitation
RCW 9A.28.040 (1),(2),(3)(d)(e) Criminal conspiracy
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
specifically 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.
APPROV D:
MAYOR G HAAKENSON
ATTEST /AUTHENTICATED:
0/. &4-e-
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO RM:.
OFFICE OF Y A O EY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 02/13/2009
PASSED BY THE CITY COUNCIL: 02/17/2009
PUBLISHED: 02/22/2009
EFFECTIVE DATE: 02/27/2009
ORDINANCE NO. 3727
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SUMMARY OF ORDINANCE NO. 3727
of the City of Edmonds, Washington
On the 17th day of February, 2009, the City Council of the City of
Edmonds, passed Ordinance No. 3727. A summary of the content of said ordinance,
consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CONCERNING ADOPTION OF
STATE CRIMINAL ATTEMPT STATUTES BY
REFERENCE; PROVIDING FOR SEVERABILITY;
AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of February, 2009.
ITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3727
o the ity'o Edmonds; ashington
On the 17th day of February, 2009, the City Council of the City
Of Edmonds, passed, Ordinance No. 3727. A-summary of the
content of said. ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, CONCERNING ADOPTION OF STATE CRIMINAL AT-
TEMPT STATUTES BY 'REFERENCE; PROVIDING FOR
SEVERABILITY; AND 'F.IXING A TIME WHEN THE SAME
SHALL BECOME'EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 18ih ,day of February, 2009.
CITY CLERK, SANDRA S. CHASE
Published: February 22, 2009:
Affidavit of Publication
S.S.
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
Summary of Ordinance No. 3727
Concerning Adoption of the State Criminal Attempt Statutes
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:
22, 2009
and that said newspaper was regularly distributed to its subscribers during all of said period.
and sworn to before me this 23rd
RECEIVED day of
MAR 0 4 2009 V
Notary Public in and , t State of Wsit °'n�,RretsYai>}
�� CITY CLERK County.
EDMON
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Account Name: City of Edmonds Account Number: 101416
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Snohomish
0001637234