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Ordinance 12-006 Amends SVMC TItle 8 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-006 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTIONS 8.10.030; 8.20.050; 8.35.020; 8.35.080; 8.40.010; AND 8.50.010 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO PROVISIONS WITHIN TITLE 8 THAT CONTAIN INACCURATE CROSS REFERENCES TO STATE LAW;AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Title 8 as the Criminal Code for the City; and WHEREAS, some of the provisions within Title 8 contain inaccurate cross references and citations due to amendments and repeals; and WHEREAS, the inaccurate cross references and citations contained within Title 8 should be amended in order to reflect the proper cross references and citations in order to promote internal consistency within the Spokane Valley Municipal Code and external consistency with State law. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amending Spokane Valley Municipal Code Section 8.10.030 regarding the reference to RCW 9.86.050, as the remaining references contained therein now contain the penalty provisions. Spokane Valley Municipal Code section 8.10.030 is hereby amended as follows: 8.10.030 Flags. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.86.010 "Flag" defined. 9.86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. 9.86.040 Application of provisions. Section 2. Amending Spokane Valley Municipal Code Section 8.20.050 regarding the reference to RCW 69.50.204(c)(14). Spokane Valley Municipal Code Section 8.20.050 is hereby amended as follows: 8.20.050 Controlled substances. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 69.50.101 Definitions. 69.50.204(c)(22) Schedule I—Marijuana. 69.50.309 Containers. 69.50.401(e) Prohibited acts: A—Penalties. 69.50.425 Misdemeanor violators—Minimum imprisonment. Ordinance 12-006 Amending SVMC Title 8 Page 1 of 3 69.50.505(x)(1),(3), (6)and(7) Seizure and forfeiture. 69.50.506 Burden of proof. 69.50.509 Search and seizure of controlled substances. Section 3. Amending Spokane Valley Municipal Code Section 8.35.020 regarding the reference to RCW 9.18.140, as the remaining references contained therein now contain the penalty provisions. Spokane Valley Municipal Code Section 8.35.020 is hereby amended as follows: 8,35.020 Competitive bidding. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding. Section 4. Amending Spokane Valley Municipal Code Section 8.35.080 regarding the reference to RCW 9.16.090, as the remaining references contained therein now contain the penalty provisions. Spokane Valley Municipal Code Section 8.35.080 is hereby amended as follows: 8.35.080 Trademarks and other marks. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.16.030 Counterfeit mark, intellectual property. 9.16.050 When deemed affixed. 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. 9.16.080 Sales of petroleum products improperly labeled or graded. 9.16.100 Use of words "sterling silver,"etc. 9.16.110 Use of words "coin silver," etc. 9.16.120 Use of word "sterling" on mounting. 9.16.130 Use of the words "coin silver" on mounting. 9.16.140 Unlawfully marking article made of gold. 9.16.150 "Marked, stamped or branded," defined. Section 5. Amending Spokane Municipal Code Section 8.40.010 regarding the adoption of RCW 9.68A.140 and RCW 9.68A.160 which have been repealed. Spokane Valley Municipal Code Section 8.40.010 is hereby amended as follows: 8.40.010 Sexual offenses relative to minors. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.68A.011 Definition. Ordinance 12-006 Amending SVMC Title 8 Page 2 of 3 9.68A,080 Processors of depictions of minors engaged in sexually explicit conduct— Report required. 9.68A.090 Communication with a minor for immoral purposes. 9.68A.150 Allowing minor on premises of live erotic performance - Definitions— Penalty 9.69.100 Duty of witness of offense against child or any violent offense—Penalty. 26.28.080 Selling or giving tobacco to minors—Belief of representative capacity,no defense—Penalty. Section 6. Amending Spokane Valley Municipal Code Section 8.50.010 regarding the adoption of RCW9.91.110 which has been repealed. Spokane Valley Municipal Code Section 8.50.010 is hereby amended as follows: 8.50.010 Miscellaneous crimes. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW: 9.91.010 Denial of civil rights—Terms defined. 9.91.025 Unlawful bus conduct. 9.91,060 Leaving children unattended in parked automobile. 19.290.070 Metal buyers---Records of purchases—Penalty. 9.91.130 Disposal of trash in charity donation receptacle. 9.02.050 Concealing birth. Section 7. Remainder of SVMC Title 8 Unchanged. The remaining provisions of SVMC Title 8 are unchanged by this amendment. Section 8. 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 9. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this 14th day of February, 2012. Mayor,Thomas E. Towey • Ci ty Clerk, Christine ristine Bainbridge Approved As To Form: Office,o the City Att6rney Date oil? biication: -29 / . Effective Date: — c' 9 / Ordinance 12-006 Amending SVMC Title 8 Page 3 of 3