Just got this back from the city. I have asked for a copy of the notification to the PD.
It's almost identical to what was sent out earlier last year. I've also asked for an ETA since it is taking so long....
I am working on a reorganization of Title 11 of the Kirkland Municipal Code. As part of the reorganization, I am addressing the issue you have identified. Due to the size of the reorganization project, it will be some time before my work is complete, reviewed by affected departments (such as the Police and the Prosecutor) and presented to the City Council. In the meantime, I have advised the Police Department of the pre-emption issues and that KMC Section 11.41.060 should not be enforced to the extent it is inconsistent with state law.
Ya I have been working on this issue with Kirkland. I was told by the city attorney a few months ago that the issue would be brought before the city council for change January 6th but as we can see it did not happen. I have faith though because as he stated to you that he has informed the police not to enforce that particular law.
Unfortunately, I cannot provide you with the specifics of my legal advice to the Police Department regarding the preemption issues. It is subject to the attorney-client privilege and therefore not subject to public disclosure. I can say that the last thing the City wants is for someone to be arrested in Kirkland under a provision that has been preempted by state law. I understand that this happened in Bellingham, and obviously, Kirkland does not want a repeat of that situation.
I am getting close to finishing the rewrite of Title 11. At that point I will circulate it to the Prosecutor and the KPD for input. With any luck, a draft Ordinance will be going to Council for approval in the spring.