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ORDINANCE NO. 3 8 6 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATING TO
CRIMES INVOLVING DOMESTIC VIOLENCE AND AUTHORIZING THE ISSUANCE
OF NO CONTACT ORDERS BY THE AUBURN MUNICIPAL DEPARTMENT OF THE
AUKEEN DISTRICT JUSTICE COURT.
WHEREAS, the City of Auburn, Washington, recognizes the importance of
domestic violence as a serious crime against society; and
WHEREAS, the City of Auburn, Washington, wishes to assure victims of
domestic violence the maximum protection from abuse which the law and those
who enforce the law can provide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. There is herewith added to Title 9 of the Codified
Ordinances of the City of Auburn, Washington, the following new section which
shall read as follows, to-wit:
"~o~estic Violence Defined.
(1) "Cohabitant" means a person who is married or who is cohabiting
with a person as husband and wife at the present time or at some time in the
past. Any person who has one or more children in common with another person,
regardless of whether they have been married or lived together at any time,
shall be treated as a cohabitant.
(2) "Domestic Violence" includes, but is not limited to any of the
following crimes, as defined in Title 9 of the Codified Ordinances of the City
of Auburn or in R.C.W. Title 9A of the laws of the State of Washington, when
committed by one cohabitant against another:
(a) Assault
(b) Assault and battery
(c) Provoking assault
(d) Criminal trespass
(e) Coercion
(f) Reckless endangerment
(g) Custodial interference
(h) Reckless burning in the second degree
Ordinance No. 3860
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(i) Malicious mischief in the third degree
(j) Vehicle prowling
(k) Theft in the third degree
(3) "Victim" means a cohabitant who has been subjected to domestic
violence.
Section 2. There is herewith added to Title 9 of the Codified
Ordinances of the City of Auburn, Washington, the following new section,
to-wit:
No Contact Orders.
(1) Because of the likelihood of repeated violence directed at those
who have been victims of domestic violence in the past, when any defendant
charged with a crime involving domestic violence is released from custody
before trial on bail or personal recognizance, the court authorizing the
release may prohibit the defendant from having any contact with the victim.
(2) Orders prohibiting the defendant from having contact shall be
written and a certified copy of such order shall be provided to the victim and
the defendant.
Section 3. There is herewith added to Title 9 of the Codified
Ordinances of the City of Auburn, Washington, the following new section,
to-wit:
Violation of No Contact Order is a Crime.
(1) Willful violation of an order issued pursuant to Section 2 of
this Ordinance is a misdemeanor and any person convicted thereof shall be
punished by a fine of not more than $500.00 or by imprisonment for no.more
than six (6) months in the Auburn City Jail, or by both such fine and
imprisonment.
(2) The written order releasing the defendant shall contain the
court's directives and shall bear the legend: "Violation of this order is
criminal offense under the Codified Ordinances of the City of Auburn,
Washington."
Ordinance No. 3860
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Section 4. There is herewith added to Title 9 of the Codified
Ordinances of the City of Auburn, Washington, the following new section,
to-wit:
Peace Off~99r Immunity.
A peace officer shall not be held liable in any civil action for an
arrest based on probable cause, enforcement in good faith of a court order, or
any other action or omission in good faith arising from an alleged incident of
domestic violence brought by any party to the incident.
Section 5. The Mayor is hereby authorized to implement such ad-
ministrative procedures as may be necessary to carry out the directions of
this legislation.
Section 6. This Ordinance shall take effect and be in force five (5)
days from and after its passage, approval and publication, as provided by law.
INTRODUCED: MARCH 8, 1983
PASSED:
MARCH 8, 1983
APPROVED: MARCH 8, 1983
ATTE ST:
~ City Clerk
City Attorney
PUBLISHED:
Ordinance No. 3860
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12-28-82