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ORDZ~AlqCR ;O. 4 7 6 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CHAPTER 9.03 ENTITLED "DOMESTIC VIOLENCE"
BY AMENDING SECTION 9.03.040 ENTITLED "NO-CONTACT ORDER-
VIOLATION - PENALTY" CONTAINED IN AUBURN CITY CODE TITLE 9
ENTITLED "PUBLIC PEACE, MORALS AND WELFARE".
WHEREAS, the Washington state legislature has provided
that enforcement ordinances relating to and regulating
municipal affairs shall have the same punishment for any
criminal ordinance as.the punishment provided in state law for
the same crime; and
WHEREAS, that as a result of Washington State legislative
action taken during the 1995 legislative session, the state
punishment for a violation of an order prohibiting contact was
changed from being classified as a misdemeanor to now being
classified as gross misdemeanor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
8eotion 1. PURPOSE. The purpose of this Ordinance is
as follows:
To amend Chapter 9.03 entitled "DOMESTIC VIOLENCE"
by amending section 9.03.040 entitled "NO-CONTACT ORDER -
Ordinance No. 4763
June 30, 1995
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VIOLATION - PENALTY" contained in Auburn City Code Title 9
entitled "PUBLIC PEACE, MO1%2tLS AND WELFARE".
Seotion 2. Sections 9.03.040 are adopted as set forth
attached hereto and incorporated herein by this
in Exhibit "A"
reference.
Section 3.
section,
any reason
invalidity
validity or
Constitutionality or Invalidity. If any
subsection, clause or phrase of this Ordinance is for
held to be invalid or unconstitutional, such
or unconstitutionality shall not affect the
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.
Seot~on 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section ~, This Ordinance shall take effect and be in
force five days from and after its passage, approval, and
publication as provided by law.
Ordinance No. 4763
June 30, 1995
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INTRODUCED: July 17, 1995
PASSED:
July 17, 1995
July 17, 1995
APPROVED:
MAYOR
ATTEST:
R~R-44~I~l%~e~o Danielle E. Daskam, Deputy
City Clerk
APPROVED AS TO FORM:
~~j.~Re~nolds,
City Attorney
PUBLISHED: 7~ 3 tfO-~
Ordinance No. 4763
June 30, 1995
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EXHIBIT
TITLE 9
PUBLIC PEACEt MORALS AND WELFARE
CHAPTER 9.05
DOMESTIC VIOLENCE
SECTION 9.03.040
NO-CONTACT ORDER - VIOLATION - PENALTY
Seotions=
9.03.010
9.03.020
9.03.030
9.03.040
9.03.050
9.02.010
Definitions.
No-contact order - Issuance.
Mandatory appearance.
No-contact order - Violation - Penalty.
Peace officer immunity.
Definitions.
Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
A. "Domestic violence" means and includes but not
limited to any of the following crimes as defined in ACC Title
9, when committed by one family or household member against
another:
1. Assault (ACC 9.02.010);
2.
Assault and battery (ACC 9.01.170);
Provoking assault (ACC 9.02.020);
Ordinance No. 4763 Exhibit
June 30, 1995
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e
9.01.220).
4. Malicious mischief (ACC 9.01.190 and 9.01.200);
5. Theft (ACC 9.01.230);
Disorderly conduct (ACC 9.01.330);
Criminal trespass (ACC 9.01.200, 9.01.210 and
B. "Family or household members" means spouses, former
spouses, adult persons related by blood, marriage, persons who
are presently residing together or who have a child in common
regardless of whether they have been married or lived together
at any time.
9.03.020 No-contact order - Issuance.
A. 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.
B. Orders prohibiting the defendant from having contact
shall be issued in writing as soon as possible.
Ordinance No. 4763 Exhibit
June 30, 1995
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C. The written order releasing the perso]a 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."
D. At the time of arraignment the court shall determine
whether a no-contact order shall be issued or extended.
E. The court has sole authority to modify, recall, or
terminate a no-contact order during the one year term on the
no-contact order.
F. When a peace officer responds to a dome~tic violence
call, the officer shall advise victims of all reasonable means
to prevent further abuse, including advising ea¢:h person of
the availability of a shelter or other services in the
community.
9.03.030
A. A
Mandatory appearanoe.
defendant arrested for an offense involving
domestic violence as defined in ACC 9.03.101 shall be required
to appear in person before the court within one judicial day
after arrest.
Ordinance No. 4763 Exhibit "A"
June 30, 1995
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B. 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 14 days after the next day on which court is in
session following the issuance of the citation of the filing
of the complaint.
C. At the time of appearances provided in subsection A
or B, the court shall determine the necessity of pretrial
release according to the procedures established by court rule
for arraignment.
D. Appearances required pursuant to this section are
mandatory and cannot be waived.
E. The no-contact order shall be issued and entered
with the appropriate law enforcement agency pursuant to ACC
9.03.020.
9.03.040
Willful
No-contact order - Violation - Penalty.
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 ((
mlsdemeame~ )) aross misdemeanor Dunlshable by one year in
iail and/or a fine of $5000.
Ordinance No. 4763 Exhibit
June 30, 1995
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9.03.050 Peaoe offioer 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. 4763 Exhibit 'A'
June 30, 1995
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