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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 { BFP719397. DOC;1 /00006.900160/} 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 { BFP719397.DOC;1 /00006.900160/} 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 { BFP719397. DOC;1 /00006.900160/} 3 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 � o Account Name: City of Edmonds Account Number: 101416 C�yn`� Snohomish 0001637234