2023-10-10 City Council PSPHSP Packet1
2
OF BbMG
ti Agenda
Edmonds City Council
BLIC SAFETY -PLANNING -HUMAN SERVICES -PERSONNEL
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
OCTOBER 10, 2023, 3:30 PM
COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF.
COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS.
STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF
THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY.
PERSONS WISHING TO ATTEND THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE
CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A
COMPUTER OR SMART PHONE:
HTTPS://ZOOM. US/J/95798484261
OR JOIN BY DIAL -UP PHONE:
US: +1 253 215 8782
WEBINAR ID: 957 9848 4261
IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR
PERSONAL DEVICES, A MONITOR IS PROVIDED ON CITY COUNCIL COMMITTEE NIGHTS FROM 430-
930 PM AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA.
COMMITTEE MEMBERS: VIVIAN OLSON (CHAIR), JENNA NAND, COUNCIL PRESIDENT (EX-OFFICIO
MEMBER)
CALL TO ORDER
COMMITTEE BUSINESS
1. Amending ECC 5.05.122 F.1-Ammending the Dangerous Dog Statute (5 min)
2. Amending ECC 5.01.010-Adoption of RCW 9.94A.835 (Special Allegation -Sexual Motivation) (5
min)
3. Amending ECC 5.36.045-Creation of the crime of Vehicle Trespass (5 min)
4. Proposed Change to City Council Student Representative (15 min)
ADJOURN
Edmonds City Council Agenda
October 10, 2023
Page 1
2.1
City Council Agenda Item
Meeting Date: 10/10/2023
Amending ECC 5.05.122 F.1-Ammending the Dangerous Dog Statute
Staff Lead: Shane Hawley
Department: Police Services
Preparer: Scott Passey
Background/History
Edmonds City Code allows for certain dogs to be declared "dangerous", in certain circumstances. These
animal complaints are handled by the Edmonds Police Department (generally animal control). The
entire process is a police matter. However, the city code specifically points an applicant seeking to
properly register their dog, to City Hall. The police department has agreed to take over the process of
accepting payments for this process. This is a way to streamline the process. It also just makes more
sense to have the police department handle the entire process from start to finish.
This amendment would only change one part of the city code. It removes the direction for the form and
payment to go to the City Clerk and directs the applicant to the police department.
Recommendation
Accept and amend ECC 5.05.122 F.1, changing "City Clerk" to "Police Department" in the ordinance.
Narrative
N/A
Attachments:
DRAFT Ordinance Amending ECC 5.05.122 9.22.2023
Packet Pg. 2
2.1.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.05 ECC (ANIMAL CONTROL) TO
UPDATE CERTAIN PROVISIONS RELATING TO
REQUIREMENTS FOR DANGEROUS DOGS; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City has, under Edmonds City Code (ECC) Section 5.05.122 (Animal
Control, Dangerous Dogs), adopted certain requirements relating to the keeping of dangerous dogs in
the City of Edmonds; and
WHEREAS, the Edmonds Police Department is taking over processing certain elements
of dangerous dog applications from the City Clerk's Office; and
WHEREAS, the ECC currently directs applicants to the City Clerk's Office to obtain
applications and contains minor typographical errors; and
WHEREAS, after review and discussion, the City Council has determined it to be
appropriate to amend ECC 5.05.122 to update certain dangerous dog provisions to provide accurate
information to the public;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECC 5.05.122, Subsection F, is hereby amended to read as follows (new
text shown in underline; deleted text shown in stfike thfa ig ):
5.05.122 Dangerous dogs.
The provisions of this section apply to the extent they are not inconsistent with the
provisions of Chapter 16.08 RCW.
A. Declaration. Upon declaration by the animal control authority that a dog is a dangerous
dog as defined in ECC 5.05.010, the owner shall be served with a dangerous dog
declaration.
B. Declaration — Final Determination Unless Appealed. The service of a dangerous dog
declaration shall, unless timely appealed, be a final determination that the dog is a dangerous
dog.
C. Notice — Contents of Dangerous Dog Declaration. A dangerous dog declaration shall
contain:
Packet Pg. 3
2.1.a
1. The name and address, if known, of the owner of the animal;
2. The license number, if available, and description of the animal or dog;
3. A statement that the animal control authority has found the animal to be a dangerous
dog as defined in ECC 5.05.010 and a concise description explaining why the
declaration has been made;
4. A statement that service of the dangerous dog declaration is a final determination
unless appealed and that an appeal must be filed within five days of service of the
dangerous dog declaration;
5. A copy of ECC 5.05.123 regarding appeal procedures;
6. A copy of ECC 5.05.124 regarding disposition of seized and removed animals.
D. Notice — Service. Service of the dangerous dog declaration upon the owner of the animal
may be made either by personal service to the owner, by posting such notice at the residence
of the owner or by certified mail to the last known address of the owner.
E. Appeal. Appeals shall be heard by the judge of the Edmonds municipal court and
conducted in accordance with ECC 5.05.123.
F. Requirements for Dangerous Dogs. Strict compliance with each of the following
conditions is required to keep a dangerous dog in the city of Edmonds:
1. In addition to any license required under the provisions of this chapter, all dog owners
who are required to obtain a certificate of registration, pursuant to the dangerous dog
provisions of Chapter 16.08 RCW, must obtain a city of Edmonds dangerous dog
certificate of registration. The applicant shall apply for such certificate upon forms
supplied by the Edmonds Police Department e and pay an annual fee of
$100.00, which shall not be prorated for any part of a year. A copy of a valid certificate
of registration issued pursuant to Chapter 16.08 RCW shall be attached to the
application. The city of Edmonds dangerous dog certificate of registration shall be
issued upon completing the requirements of this section.
2. The owner of a dangerous dog shall provide for proper enclosure of a the dangerous
dog. A dangerous dog may not be outside of the dwelling of the owner or outside of a
proper enclosure of a dangerous dog unless muzzled and restrained by a substantial
chain or leash and under the control of a responsible person. The muzzle shall be made
Packet Pg. 4
2.1.a
in a manner that will not cause injury to the dog nor interfere with its vision or
respiration but shall prevent it from biting any person or animal.
3. The owner of a dangerous dog shall secure liability insurance coverage or a surety
bond as required by Chapter 16.08 RCW.
4. The owner of a dangerous dog shall be required to post the premises with a clearly
visible warning sign that there is a dangerous dog on the property. In addition, the owner
shall conspicuously display a sign with a warning symbol that informs children of the
presence of a dangerous dog.
G. Failure to Comply with Dangerous Dog Requirements. Any dangerous dog shall be
seized and removed by animal control officer i£
1. The dog is not validly registered under this chapter and Chapter 16.08 RCW;
2. The owner does not secure liability insurance coverage or a surety bond as required
by Chapter 16.08 RCW;
3. The dog is not maintained in a proper enclosure;
4. The dog is outside of the dwelling of the owner or outside of a proper enclosure and
not muzzled and restrained by a substantial chain or leash and under the control of a
responsible person; or
5. The owner has failed to post the property with warning signs as required.
H. Penalty. Failing to comply with any dangerous dog requirement is a gross misdemeanor.
A dangerous dog seized and removed in violation of dangerous dog requirements shall not
be released during investigation of or prosecution for failure to comply with dangerous dog
requirements. Any person convicted of failing to comply with dangerous dog requirements
shall make restitution to the city of Edmonds for all costs incurred in boarding and
disposition of such dog and shall forfeit any interest in such dog.
I. The provisions of this section shall not apply to dogs used by law enforcement officials for
police work.
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.
Packet Pg. 5
2.1.a
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.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 6
2.1.a
On the
Ordinance No.
provides as follows:
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
day of 2023, the City Council of the City of Edmonds, passed
A summary of the content of said ordinance, consisting of the title,
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.05 ECC (ANIMAL CONTROL) TO
UPDATE CERTAIN PROVISIONS RELATING TO REQUIREMENTS
FOR DANGEROUS DOGS; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of
2023.
CITY CLERK, SCOTT PASSEY
Packet Pg. 7
2.2
City Council Agenda Item
Meeting Date: 10/10/2023
Amending ECC 5.01.010-Adoption of RCW 9.94A.835 (Special Allegation -Sexual Motivation)
Staff Lead: Shane Hawley
Department: Police Services
Preparer: Scott Passey
Background/History
For many years, RCW 9.94A.835 has existed to enhance the penalties for those who commit crimes
based on sexually motivated criteria. While the vast majority of "sex crimes" are specifically codified as
separate offenses, there are times when an individual might commit a crime that would not normally be
of a sexual nature, but the underlying motives prove otherwise. In those cases, RCW 9.94A.835 allows a
prosecuting attorney to file the charge with a "special allegation" and flag the offense as being
committed for the sexual gratification of the person committing the crime.
The RCW specifically allows for ANY level of crime to carry this special allegation. It is not solely
reserved for felony level crimes. As such, the City of Edmonds can adopt this and have these allegations
brought forward in municipal court charging.
For reference, an example of this in practice would be a misdemeanor trespass charge. Most of those
charges are for someone being on private property without permission. However, if a person was
trespassing on someone's private property and engaged in sexually motivated conduct while doing so,
the special allegation might apply. As you can imagine, these sorts of crimes are very concerning to the
police department and the public in general.
This amendment adopts by reference RCW 9.94A.835 into ECC 5.01.010.
Recommendation
Accept and modify Edmonds Municipal Code section 5.01.010 adding RCW 9.94A.835 to the city code.
Narrative
N/A
Attachments:
DRAFT Ordinance Amending ECC 5.01.010 7.13.2023
Packet Pg. 8
2.2.a
ORDINANCE NO.
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 DATE.
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,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. 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 Special allegation — Sexual motivation — Procedures
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
Packet Pg. 9
2.2.a
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.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 10
2.2.a
On the
Ordinance No.
provides as follows:
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
day of 2023, the City Council of the City of Edmonds, passed
A summary of the content of said ordinance, consisting of the title,
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 DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of
2023.
CITY CLERK, SCOTT PASSEY
Packet Pg. 11
2.3
City Council Agenda Item
Meeting Date: 10/10/2023
Amending ECC 5.36.045-Creation of the crime of Vehicle Trespass
Staff Lead: Shane Hawley
Department: Police Services
Preparer: Scott Passey
Background/History
On average, about 200 thefts from vehicle/vehicle prowling reports are filed with the police department
each year. On top of that, another 30-40 "attempts" are also reported. This number is likely much,
much higher, as we know that a number of victims never report these crimes if nothing was missing
from their vehicle.
The crime of Vehicle Prowling currently exists in RCW 9A.52.095 (1st Degree) and RCW 9A.52.100 (2nd
Degree). Both of those crimes require someone to ever a motorhome (1st degree) or vehicle (2nd
degree) with the intention of committing a crime inside the vehicle.
Realistically, this is an incredibly difficult charging standard unless someone has already committed a
theft from the vehicle. Often times, we find someone inside a vehicle, or just having entered a vehicle
but showing the intention of committing a crime inside that vehicle is challenging.
Several cities in the Puget Sound region have independent city codes which have created the crime of
"Vehicle Trespass". This is a misdemeanor crime that criminalizes the actual, unlawful entry into a
vehicle. Intent is not relevant to the commission of this crime.
This amendment creates the misdemeanor crime of Vehicle Trespass.
Recommendation
Accept and amend ECC 5.36.045, creating the crime of Vehicle Trespass.
Narrative
N/A
Attachments:
2023-09-22 Ordinance adopting 5.36.045
Packet Pg. 12
2.3.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING SECTION 5.36.045 ECDC
ENTITLED "VEHICLE TRESPASS"; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, Art. XI, Sec. I I of the Washington State Constitution provides: "Any
county, city, town or township may make and enforce within its limits all such local police,
sanitary and other regulations as are not in conflict with general laws"; and
WHEREAS, Chapter 35A.I I RCW establishes the broad powers that code cities are
authorized to perform; and
WHEREAS, many cities criminalize vehicle trespass to allow their prosecutors to file
criminal charges against an individual who knowingly enters, attempts to enter, or remains
unlawfully in a vehicle that belongs to another in circumstances that do not rise to the level of, or
are not pursued as, vehicle prowling charges; and
WHEREAS, the City Council has determined to adopt a new misdemeanor of vehicle
trespassing in order to combat rising levels of vehicle trespass in the City; NOW THEREFORE;
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. A new section 5.36.045 of the Edmonds City Code (ECC), entitled
"Vehicle Trespass." is hereby added to read as follows:
A. A person is guilty of vehicle trespass if he or she knowingly enters or remains in
or upon a vehicle belonging to another when he or she is not licensed, invited, or otherwise
privileged to so enter or remain.
Packet Pg. 13
2.3.a
B. As used in this section the word "enter" shall include the entrance of a person, the
insertion of any part of his or her body, or any instrument or weapon held in his or her hand.
C. Vehicle trespass shall be a misdemeanor punishable as provided in ECC 5.50.020.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
MAYOR MICHAEL NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Im
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 14
2.3.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2023, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING SECTION 5.36.045 ECDC
ENTITLED "VEHICLE TRESPASS"; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE
DATE.
The full text of this Ordinance will be mailed upon request.
DATED this day of 92023.
CITY CLERK, SCOTT PASSEY
3
Packet Pg. 15
2.4
City Council Agenda Item
Meeting Date: 10/10/2023
Proposed Change to City Council Student Representative
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
Since 2021, the interest and demand for the Council Student Representative has decreased significantly.
The pandemic, which became impactful in Washington State in 2020, was likely an initial factor.
Since then, the popularity of the Youth Commission, launched in 2018, may be contributing to lessened
demand, as it is another way to have a voice in the City, and one that is more social and less time
intensive.
Recommendation
Discussion and consideration of draft code change to ECC 2.03A, Student Representative To Student
Council.
Narrative
Council should discuss whether to do away with the program (it could be brought back in the future if
demand changes) or to change the code such that some competition must be present in order to go
forward with an appointment in any given year. Such a draft code amendment is included as an
attachment for discussion.
Attachments:
draft code change to ECC 2.03A.030 Appointment Process
Packet Pg. 16
2.4.a
2.03A.030 Appointment process.
A vacancy should be publicized on the city's website and through outreach to local high schools and
colleges when council resources allow for such publication and outreach. The council president is
authorized to prepare a short application form that is relevant to the position. If three or more
eee _qualifying applications +s are submitted, all applications shall be forwarded to all
councilmembers for consideration. After the applications have been considered, nominations shall
be voted on by the city council in an open public meeting. [Ord. 4273 § 1 (Exh. A), 2022].
Packet Pg. 17