Title
Approval of an Ordinance Updating the Name of Title 9 of the Olympia Municipal Code and Amending OMC 9.16.180 Relating to Pedestrian Interference
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve on second reading, the Ordinance updating the name of Title 9 of the Olympia Municipal Code and amending OMC 9.16.180 relating to pedestrian interference.
Report
Issue:
Whether to update updating the name of Title 9 of the Olympia Municipal Code and amending OMC 9.16.180 relating to pedestrian interference.
Staff Contact:
R. Tye Graham, Chief Prosecutor, 360.753.8449
Presenter(s):
None - Consent Calendar Item.
Background and Analysis:
Background and Analysis did not change from first to second reading.
Olympia Municipal Code (OMC) Title 9 contains various chapters relating to crimes and offenses against persons, public peace, drugs, gambling, offenses against property, juveniles, weapons, and fireworks, to name but a few. The name of OMC Title 9 is currently “Public Peace, Morals and Welfare” and should rightfully be updated to “Criminal Code” to reflect its purpose within the OMC.
Further, the Olympia Municipal Court recently found the definition of “obstruct pedestrian or vehicular traffic” under OMC 9.16.180(2)(c) to be unconstitutional as a violation of due process because it lacked a culpable mental state or “mens rea” (intention or knowledge of wrongdoing). Therefore, OMC 9.16.180 is amended to require that the crime of Pedestrian Interference shall be knowingly committed. This will allow the resumption of prosecution of those who sit or lie on any sidewalk, street, or alley within the Downtown Commercial Zone between the hours of 7:00 a.m. and 12:00 a.m.
Neighborhood/Community Interests (if known):
It is in the best interest of the community to amend OMC 9.16.180 to require that the crime of Pedestrian Interference be knowingly committed.
Options:
1. Approve on second reading, the Ordinance updating the name of Title 9 of the Olympia Municipal Code and amending OMC 9.16.180 relating to pedestrian interference.
2. Direct staff to modify the Ordinance based on Council input.
3. Do not pass the ordinance. This will leave an unconstitutional definition of “obstruct pedestrian or vehicular traffic” in the OMC, making it impossible to prosecute the charge of Pedestrian Interference for those who are sitting or lying in the Downtown Commercial Zone between the hours of 7 a.m. and 12 a.m.
Financial Impact:
There is no financial impact related to this Ordinance.
Attachments:
Ordinance