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HomeMy WebLinkAbout47632 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 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 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 Page 2 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 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 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 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 Page 4 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 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 Page $ 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 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 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 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 Page 7 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 9.03.050 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 Page 8