The ordinance adds shoplifting, criminal trespassing and vandalism to the list of misdemeanors that could face jail time if an individual violates their unsupervised probation. Under current city code, the individual only had to pay a fine for these offenses.
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At the Kemmerer City Council meeting on Monday, July 23, the council passed on first reading two new ordinances amending Chapter 15 of the City Code.
Ordinance 2018-858 removes section 15.41 from the Kemmerer city code. The passage that would be removed reads: “It shall be unlawful for any person to wear or carry concealed any knife, switchblade, slingshot, gun, dagger, sword, club, tear gas dispenser, mace dispenser or any other dangerous or deadly weapon; provided, however, closed pocketknifes with only manually operated opening mechanisms shall be exempt.”
Ordinance 2018-859 amends section 15.45 of the Kemmerer city code.
The ordinance adds shoplifting, criminal trespassing and vandalism to the list of misdemeanors that could face jail time if an individual violates their unsupervised probation. Under current city code, the individual only had to pay a fine for these offenses.
“This ordinance makes our city court align with state statutes and relevant case law,” said Kemmerer city administrator Andrew Nelson. “It gives the judge more tools in his toolbox to judge as he sees fit.”
Under the new ordinance, section 15.45 would read (new additions are in bold): “Any person convicted of violating the provisions of Section 15-1 Assault, or Section 15-2 Assault and Battery, or 15-8 Disorderly Conduct, or 15-10 FTA (Failure to Appear in Court), or 15-26 Criminal Trespass, or 15-27 Controlled Substances-Possession, Planting, Etc. - Prohibited, or 15-31 Parties to a Crime, or 15-32 Prisoners - Aiding in Escape, or 15-35 Shoplifting, or 15-36 Theft and Related Offenses, or 15-40 Vandalism, or 15-41 Weapons-Generally, or 15-42 Weapons-Drawing or Threatening to Use, or 15-43 Weapons-Discharging of Firearms, or 15-48 Assault and Battery on a Household Member, shall be guilty of a misdemeanor and may be punished by a fine of not more than the maximum allowable by law and/or imprisonment for a period up to the maximum allowable by law.”
The council unanimously approved the ordinances on first reading. An ordinance must have three readings before it is passed and adopted by the city council.
The next Kemmerer City Council meeting is on Monday, August 13. Kemmerer City Code is available online at kemmerer.org.