HomeMy WebLinkAbout46831
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDINANCE NO. 4 6 8 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, REPEALING THE AUBURN CITY CODE TITLE 9 AND ADOPT A
NEW AUBURN CITY CODE TITLE 9 TO COMPLY WITH RCW 35A.11.020.
WHEREAS,. the state legislature has provided that
enforcement ordinances relating to and regulating municipal
affairs, may impose penalties of fine not exceeding five
thousand dollars or imprisonment for any term not exceeding
one year, or both, for violation of such ordinances,
constituting misdemeanor or gross misdemeanor violations; and
WHEREAS, the state legislature has provided that the
punishment for any criminal ordinance shall be the same as the
punishment provided in state law for the same crime, and
penalty uniformity will become effective on July 1, 1994.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this Ordinance is
as follows:
To repeal Title 9 entitled "PUBLIC PEACE, MORALS,
AND WELFARE" in order to adopt a new Title 9 entitled "PUBLIC
PEACE, MORALS, AND WELFARE" containing penalties in
conformance with state law for the same crime, as mandated by
the state legislature.
Ordinance No. 4683
June 16, 1994
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Section 2. REPEAL TITLE 9 OF AUBURN CITY CODE AND
ADOPT A NEW TITLE 9 OF AUBURN CITY CODE. Title 9 entitled
"PUBLIC PEACE, MORALS AND WELFARE" is hereby repealed and new
Title 9 is adopted as set forth in Exhibit "A" attached hereto
and incorporated herein by this reference.
Section 3. Constitutionality or Invalidity. If any
section, subsection, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of
this Ordinance, as it being hereby expressly declared that
this Ordinance and each section, subsection, sentence, clause
and phrase hereof would have been prepared, proposed, adopted
and approved and ratified irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase be
declared invalid or unconstitutional.
Section 4. Repeal of Title 9 entitled "Public Peace,
Morals and welfare" and adoption of new Title 9 entitled
"Public Peace, Morals and Welfare does not affect any pending
or existing litigation and does not operate as an abatement or
bar to any action or proceeding pending under or by virtue of
the repealed ordinance.
Ordinance No. 4683
June 16, 1994
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
'21
22
23
24
25
26
Section 5. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 6. This Ordinance shall take effect and be in
force from and after July 1, 1994.
ATTEST:
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
MiChael J. Reynolds,
Acting City Attorney
PUBLISHED:
Ordinance No. 4683
June 16, 1994
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
EXHIBIT
Title 9
PUBLIC PEACE~ MORALS AND WELFARE AS ADOPTED
Chapter 9.01
SPECIFIED WASHINGTON CRIMINAL STATUTES CONTAINED IN TITLE 9
RCW AND TITLE 9A RCW ADOPTED BY REFERENCE
Sections:
9.01.010
9.01.020
9.01.030
9.01.040
9.01.050
9.01.060
9.01.070
9.01.080
9.01.090
9.01.100
9.01.110
9.01.120
9.01.130
9.01.140
9.01.150
9.01.160
9.01.170
9.01.180
9.01.190
9.01.200
9.01.210
9.01.220
9.01.230
9.01.240
9.01.250
9.01.260
9.01.270
9.01.280
9.01.290
Adopted--Copies filed and authenticated.
RCW 9A.040.110.
RCW 9A.080.010.
RCW 9.41.010.
RCW 9.41.098.
RCW 9.41.230.
RCW 9.41.240.
RCW 9.41.250.
RCW 9.41.270.
RCW 9.41.300.
RCW 9.47A.010.
RCW 9.47A.020.
RCW 9.47A.030.
RCW 9.47A.040.
RCW 9.47A.050.
RCW 9.92.020.
RCW 9.92.030.
RCW 9A.36.041.
RCW 9A.48.090.
RCW 9A.48.100.
RCW 9A.52.070.
RCW 9A.52.080.
RCW 9A.52.090.
RCW 9A.56.050.
RCW 9A.56.060.
RCW 9A.56.100.
RCW 9A.76.010.
RCW 9A.76.020.
RCW 9A.76.030.
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
9.01.300
9.01.310
9.01.320
9.01.330
9.01.340
9.01.350
9.01.360
9.01.370
9.01.380
9.01.390
9.01.400
9.01.410
9.01.420
9.01.430
9.01.440
RCR 9A.76.040.
RCW 9A.76.130.
RCR 9A.84.010.
RCW 9A.84.020.
RCW 9A.84.030.
RCW 9A.84.040.
RC~ 69.50.102.
RCR 69.50.410(e).
RCW 69.50.412.
RCW 69.50.505.
RCR 66.44.100
RCW 66.44.180.
RCR 66.44.270.
RCW 66.44.310.
RCW 9.91.060.
9.01.010 Adopted--Copies filed and authenticated.
Specified Washington Criminal Statutes contained in Title
9 RCW and Title 9A RCW as set forth in this chapter are hereby
adopted by reference, including all future amendments or
additions thereto, and under the provisions of RCW 35A.12.140,
the chapters codified in this title shall be published as
required by law, but the specified Washington Criminal
Statutes adopted by reference need not be published but shall
be authenticated and recorded with the Auburn city clerk, and
not less than one copy of such statutes in the form in which
they were adopted shall forthwith be filed in the office of
the Auburn city clerk for use and examination by the public.
9.01.020
RCW 9A.040.110 entitled "Definitions adopted".
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
9.01.030
9.01.040
9.01.050
9.01.060
9.01.070
9.01.080
9.01.090
9.01.100
9.01.110
9.01.120
9.01.130
9.01.140
9.01.150
9.01.160
9.01.170
RCW 9A.080.010 entitled "General Requirements
of culpability adopted".
RCW 9.41.010 entitled "Definitions".
RCW 9.41.098 entitled "Forfeiture of firearms,
order by courts-Disposition-Confiscation by law
enforcement officer".
RCW 9.41.230 entitled "Aiming or discharging
firearms".
RCW 9.41.240 entitled
minor".
"Use of firearms by
RCW 9.41.250 entitled "Dangerous weapons-
Evidence".
RCW 9.41.270 entitled "Weapons apparently
capable of producing bodily harm, carrying,
exhibiting, displaying or drawing unlawful-
Penalty-Exceptions".
RCW 9.41.300 entitled "Firearms prohibited in
certain places-Local laws and ordinances-
Exceptions-Penalty".
RCW 9.47A'.010 entitled "Definition".
RCW 9.47A.020 entitled "Unlawful inhalation-
Exception".
RCW 9.47A.030 entitled "Possession of certain
substances prohibited, when".
RCW 9.47A.040 entitled "Sale
substances prohibited, when".
of certain
RCW 9.47A.050 entitled "Penalty".
RCW 9.92.020 entitled "Punishment of
misdemeanor when not fixed by statute".
gross
RCW 9.92.030 entitled "Punishment
misdemeanor when not fixed by statute".
of
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
9.01. 180
9.01.190
9.01.200
9.01.210
9.01.220
9.01.230
9.01.240
9.01.250
9.01.260
9.01.270
9.01.280
9.01.290
9.01.300
9.01.310
9.01.320
9.01.330
RCW 9A.36.041 entitled "Assault in the fourth
degree.
RCW 9A.48.090 entitled "Malicious mischief in
the third degree".
RCW 9A.48.100 entitled Malicious mischief-
'Physical damage' defined".
RCW 9A.52.070 entitled "Criminal trespass in
the first degree".
RCW 9A.52.080 entitled "Criminal trespass in
the second degree".
RCW 9A.52.090 entitled "Criminal trespass-
Defenses".
RCW 9A.56.050 entitled "Theft in the third
degree".
RCW 9A.56.060 entitled "Unlawful issuance of
checks or drafts".
RCW 9A.56.100 entitled "Theft and larceny
equated".
RCW 9A.76.010 entitled "Definitions".
RCW 9A.76.020 entitled "Obstructing a public
servant" as amended by Washington Laws 1994,
Chapter 196, Section 1.
RCW 9A.76.030 entitled "Refusing to summon aid
for a peace officer".
RCW 9A.76.040 entitled "Resisting arrest".
RCW 9A.76.130 entitled "Escape in the third
degree".
RCW 9A.84.010 entitled "Riot".
RCW 9A.84.020 entitled "Failure to disperse".
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 7
1
2
3
4
5
6
?
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
9.01.340
9.01.350
9.01.360
9.01.370
9.01.380
9.01.390
9.01.400
9.01.410
9.01.420
9.01.430
9.01.440
RCW 9A.84.030 entitled "Disorderly conduct".
RCW 9A.84.040 entitled "False reporting".
RCW 69.50.102 entitled "Drug paraphernalia-
Definitions".
RCW 69.50.401(e) entitled "Prohibited acts: A-
Penalties".
RCW 69.50.412 entitled "Prohibited acts: E-
Penalties".
RCW 69.50.505 entitled "Seizure and
forfeiture".
RCW 66.44.100 entitled "Opening or consuming
liquor in public place-Penalty.
RCW 66.44.180 entitled "General
Jurisdiction for violations".
penalties-
RCW 66.44.270 entitled "Furnishing liquor to
minors-Possession, use-Exhibition of effects-
Exceptions".
RCW 66.44.310 entitled Minors frequenting
taverns or cocktail lounges-Misrepresentation
of age-Penalty-Classification of licensees".
RCW 9.91.060 entitled "Leaving
unattended in parked automobile".
children
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
CHAPTER 9.02
ASSAULT
Sections:
9.02.010
9.02.020
Assault
Provoking Assault
9.02.010 Assault.
An assault is an attempt, in a rude, insolent and angry
manner, unlawfully to touch, strike, beat or wound another
person, coupled with a present ability to carry such attempt
into execution, and every person committing such assault is in
violation of this code and shall be guilty of a misdemeanor.
9.02.020
Provoking Assault.
It is unlawful for any person, by word, sign or gesture,
to willfully provoke, or attempt to provoke, another person to
commit an assault or breach of the peace shall be guilty of a
gross misdemeanor.
CHAPTER 9.03
DOMESTIC VIOLENCE
Sections:
9.03.010
9.03.020
9.03.030
9.03.040
9.03.050
Definitions
No contact order - Issuance.
No contact order - Violation - Penalty.
Mandatory Appearance.
Peace officer Immunity
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 9
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
9.03.0Z0
Definitions
Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
ae
"Domestic violence" means and includes but is not
limited to any of the following crimes as defined in
Title 9 of the .Auburn city Code, when committed by
one family or household member against another:
2.
3.
4.
Assault (ACC 9.02.010);
Assault and Battery (ACC 9.01.170);
Provoking Assault (ACC 9.02.020);
Malicious mischief (ACC 9.01.190 and
ACC 9.01.200);
Theft (ACC 9.01.230);
Disorderly conduct ( ACC 9.01.330);
Criminal trespass (ACC 9.01.200 and
ACC 9.01.210 and ACC 9.01.220).
"Family or household members" means spouses, former
spouses, adult persons related by blood or marriage,
persons who are presently residing together or who
have resided together in the past, and persons who
have a child in common regardless of whether they
have been married or have lived together at any
time.
9.03.020
A.
No contact order - Issuance.
Because of the likelihood of repeated violence
directed at those who have been victims of domestic
violence in the past, when any person charged with a
crime or arrested for a crime involving domestic
violence is released from custody before arraignment
or trial on bail or personal recognizance or after
trial before sentencing or as a condition of any
sentence imposed, the court authorizing the release
may prohibit that person from having any contact
with the victim.
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Be
Ce
Do
Eo
Fe
Orders prohibiting the defendant from having contact
shall be issued in writing as soon as possible.
The Written order releasing the person charged or
arrested shall contain the court's directives and
shall bear the legend, "Violation of this order is a
criminal offense under Chapter 10.99 RCW and Section
9.03.020 under the Codified Ordinances of the City
of Auburn, Washington and will subject the violator
to arrest."
At the time of arraignment the court shall determine
whether a no-contact order shall be issued or
extended.
The court has sole authority to modify, recall, or
terminate a no contact order during the one year
term of the no contact order.
When a peace officer responds to a domestic violence
call, the officer shall advise victims of all
reasonable means to prevent further abuse, including
advising each person of the availability of a
shelter or other services in the community.
9.03.030
(1)
(2)
Mandatory Appearance.
A defendant arrested for an offense involving
domestic violence as defined in ACC 9.03.010 shall
be required to appear in person before the court
within one judicial day after arrest.
A defendant who is charged by citation, or complaint
with an offense involving domestic violence as
defined in. ACC 9.03.010 and not arrested shall
appear in court for arraignment in person as soon as
practicable, but in no event later than fourteen
days after the next day on which court is in session
following the issuance of the citation or the filing
of the complaint.
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 11
1
2
3
4
5
6
?
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
(3)
(4)
(5)
At the time of appearances provided in subsection
(1) or (2) of this section, the court shall
determine the necessity of imposing a no contact
order or other conditions of pretrial release
according to the procedures established by court
rule for arraignment.
Appearances required pursuant to this section are
mandatory and cannot be waived.
The no-contact order shall be issued and entered
with the appropriate law enforcement agency pursuant
to ACC 9.03.020.
9.03.040 No contact order - Violation - Penalty.
Willful violation of a court order issued under this
section or of an order issued by any court of competent
jurisdiction under equivalent statute or ordinance, is a
misdemeanor.
9.03.050 Peace officer 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.
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
CHAPTER 9.04
EMERGENCY POWERS
Sections:
9.04.010 Mayor's powers.
9.04.020 Order-Ratification-Confirmation.
9.04.030 Term of emergency.
9.04.040 Violation-penalty.
9.04.010 Mayor's powers.
Whenever, in the judgment of the mayor or, in the event
of his/her inability to act, the mayor pro tem, he/she
determines that an emergency exists as a result of mob action
or other civil disobedience causing danger of injury to or
damages to persons or property, he/she shall have the power to
impose by written proclamation any or all of the following
regulations necessary to preserve the peace and order of the
city:
To impose a curfew upon all or any portion of the
city requiring all persons in the designated curfew
areas to remove themselves from the public streets,
alleys, parks or other public places; provided,
however, that physicians, nurses and ambulance
operators performing medical services, utility
personnel maintaining essential public services,
firemen and city-authorized or requested law
enforcement officers and personnel may be exempt
from such curfew;
To order the closing of any business establishments
anywhere within the city where alcoholic beverages
are sold or otherwise dispensed for the period of
the emergency; provided, that with respect to those
business establishments which are not primarily
devoted to the sale of alcoholic beverages may be
removed or made secure for possible seizure by the
public, the portions utilized for the sale of items
other than alcoholic beverages may, in his
discretion, be allowed to remain open;
Ordinance No. 4683 Exhibit
June 16, 1994
Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Ce
De
Eo
Fe
He
To order any or all business establishments to close
and remain closed during the period of the
emergency;
To order the discontinuance of the Sale,
distribution or giving away of alcoholic beverages
in any or all parts of the city;
To order the closure of any or all business
establishments where firearms and/or ammunition for
firearms are sold or otherwise dispensed; provided
that with respect to those business establishments
which are not primarily devoted to the sale of
firearms and/or ammunition and in which such
firearms and/or ammunition may be removed or made
secure from possible seizure by the public, the
Portions utilized for sale of items other than
firearms and/or ammunition may, in his/her
discretion, be allowed to remain open;
To order the discontinuance of the sale,
distribution or giving away of firearms and/or
ammunition for firearms in any or all parts of the
city;
To order the discontinuance of the sale,
distribution or giving away of gasoline or other
liquid flammable or combustible products in any
container ( other than a gasoline tank properly
affixed to a motor vehicle);
To order the closure of all gasoline stations and
other establishments, the chief activity of which is
the sale, distribution or dispensing of liquid
flammable or combustible products;
To order the closure to the public of any and all
public places, including streets, alleys, public
ways, schools, parks, beaches, amusement areas and
public buildings;
Ordinance No. 4683 Exhibit
June 16, 1994
Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Se
To call upon regular and auxiliary law enforcement
agencies and organizations within or without the
city to assist in preserving and keeping the peace
within the city;
To issue such other orders as are imminently
necessary for the protection of life and property.
9.04.020
.Order-Ratification-Confirmation.
Any orders proclaimed pursuant to ACC 9.04.010 shall, at
the earliest practicable time, be presented to the city
council for ratification and confirmation and if not so
ratified and confirmed shall be void.
9.04.030
Term of emergency.
Any emergency proclaimed in accordance with the
provisions of this chapter shall terminate after 48 hours from
issuance or upon the issuance of a proclamation determining an
emergency no longer exists, whichever occurs first; provided,
however, that such emergency may be extended for additional
periods of time as determined necessary by resolution of the
city council.
9.04.040
Violation - Penalty.
Any person who willfully fails or refuses to obey any
order proclaimed pursuant to this chapter shall be guilty of a
gross misdemeanor.
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
CHAPTER 9.05
PENALTIES
Sections:
9.05.010
Violation - Penalty.
9.05.010
Violation - Penalty.
Unless another penalty is expressly provided by law,
every person convicted of a violation of any provision of this
title shall be punished by a fine of not more than $1000.00 or
by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
CHAPTER 9.06
SEVERABILITY
Sections:
9.06.010
Severability.
9.06.010
severability.
If any provision of this title or the Washington Criminal
Statutes adopted by reference in this title and effective from
and after July 1, 1994 or its/their application to any person
or circumstance is held invalid, the remainder of this title
or its/their application of the provisions to other .persons or
circumstances shall not be affected.
Ordinance No. 4683 Exhibit "A"
June 16, 1994
Page 16