AN ORDINANCE relating to the criminal code; amending Seattle Municipal Code (SMC) adding a new section to chapter 12A.08 by making unlawful the making or possessing auto theft burglary tools.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Title 12a.08 of the Seattle Municipal Code is hereby amended by adding a new section as follows:

12A.08.115 Making or having burglar or auto theft tools.

(1) A. Every person who shall make or mend, or cause to be made or mended, or have in his or her possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement or any other implement listed in subsection B, that is adapted, designed, or commonly used for the commission of burglary or vehicle related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or vehicle related theft, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools or auto theft tools.

B. The following tools are to be considered prohibited implements; slim jim, false master key, master purpose key, altered or filed key, trial ("jiggler") keys, slide hammer, lock puller, or any other implement shown by facts and circumstances is intended to be used in the commission of a burglary or vehicle involved theft.

C. For the purposes hereof, the following definitions shall apply:

1. False Master or Master key means: Any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for which the key was originally manufactured.

2. Altered key: Any key so altered, by cutting, filing, or other means, to fit multiple vehicles, or vehicles other than the vehicle for which the key was originally manufactured.

3. Trial ("Jiggler") keys: Keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured.

D. It shall be prima facie evidence of "circumstances evincing an intent to use for commission of burglary or vehicle related theft" for a person to be in possession of multiple vehicle keys, or altered vehicle keys unless such person is a bona fide locksmith or an employee of a licensed auto dealer or other position for which the possession of such keys is in the performance of their duties.

(2) E. Making or having burglar or auto theft tools is a gross misdemeanor.

Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2005, and signed by me in open session in authentication of its passage this _____ day of __________, 2005. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2005. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2005. ____________________________________ City Clerk

November 10, 2005 version # 1