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HomeMy WebLinkAbout6411ORDINANCE NO. 6 41 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 10.36.540 OF THE AUBURN CITY CODE AND CREATING NEW SECTIONS 9.14.030, 9.26.010, 9.26.020, 9.46.010 9.58.020 AND 9.62.010, OF THE AUBURN CITY CODE RELATING TO UPDATING PROSECUTION CODE SECTIONS WHEREAS, the provisions of the Auburn Municipal Code periodically need to be reviewed for consistency with other code provisions and/or for updating, where either because of court cases or practical issues related to prosecution it is beneficial to add language to the City Code that addresses, corrects or clarifies code language; and WHEREAS, several areas of the City Code that relate to prosecution and enforcement efforts by the Police Department have been identified and language has been drafted, set forth below, that would assist the police and prosecutors in addressing prosecution cases. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That section 10.36.540 of the Auburn City Code be and the same hereby is amended to read as follows: 10.36.540 Evidence of violation. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of a law or regulation, }h�+����r�rl�n� r+�mei-! ir� +hc n�mnl�in� ��i�c� �� +he �ime r+f 4he n�rLiniv +he Teg;,�c� .•�^er ^{ +"° .,°��^'°, shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked the vehicle �e-�-pei� where and #e�-at the time such violation occurred. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.100.) Ordinance No. 6411 May 7, 2012 Page 1 of 5 Section 2. New Section to Citv Code. That Section 9.14.030 of the Auburn City Code be and the same hereby is created to read as follows: 9.14.030 Strangulation. A. A person is guilty of strangulation if, under circumstances not amounting to a felony, or notwithstanding the presence of circumstances that could potentially have been prosecuted as a felony, a jurisdiction empowered to prosecute such felony charges has declined to file felony charges, he or she assaults another by means of strangulation. B. "Strangulation" shall mean intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by obstructing the nose or mouth of another person. C. Strangulation is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment for not less than 30 days. Section 3. New Section to City Code. That Section 9.26.010 of the Auburn City Code be and the same hereby is created to read as follows: 9.26.010 Exposing minor children to domestic violence. A. A person commits the crime of exposing minor children to domestic violence when he or she: 1. Commits a crime of domestic violence, as defined in RCW 10.99.020; and 2. The crime is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child, minor stepchild, or a minor child residing within the household of the person or victim. For the purposes hereof, a minor child or minor stepchild refers to such child or stepchild who is, on the date of the violation, under the age of 18 years. B. For the purposes of this section, "witnessed" shall mean if the crime is seen or directly perceived in any other manner by the minor child. C. Exposing minor children to domestic violence is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days. Section 4. New Section to Citv Code. That Section 9.26.020 of the Auburn City Code be and the same hereby is created to read as follows: 9.26.020 Non-merger of domestic violence crimes. Every person who, in the commission of a crime of domestic violence, shall commit any other crime(s), may be punished for the other crime(s) as well as for the crime of domestic violence, and may be prosecuted for each crime separately. Ordinance No. 6411 May 7, 2012 Page 2 of 5 Section 5. New Section to Citv Code. That Section 9.46.010 of the Auburn City Code be and the same hereby is created to read as follows: 9.46.010 Public intoxication. A. A person is guilty of the offense of public intoxication if he or she is 21 years of age or older and he or she appears in a public place while intoxicated to the degree that the person may endanger the person or another. For the purposes hereof, a public place is an indoor or outdoor area, whether privately or publicly owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose. B. Public intoxication is a misdemeanor. Note: RCW 66.44.270(2)(b) addresses a similar violation by individuals under the age of 21 years. Section 6. New Section to Citv Code. That Section 9.58.020 of the Auburn City Code be and the same hereby is created to read as follows: 9.58.020 Witness tampering. A. A person is guilty of witness tampering if he or she induces or attempts to induce a person that he or she knows or reasonably should know is a witness in a case before the Auburn Municipal Court: 1. to testify falsely, 2. to withhold testimony without right or privilege, or 3. to fail to appear in court when scheduled to testify by subpoena or court order. B. Witness tampering is a gross misdemeanor. Section 7. New Section to Citv Code. That Section 9.62.010 of the Auburn City Code be and the same hereby is created to read as follows: 9.62.010 Non-felony forgery. A. A person is guilty of non-felony forgery, if, with intent to injure or defraud: 1. He falsely makes, completes, or alters a written instrument; or 2. He possesses, utters, offers, disposes of, or puts off as true a written instrument that he knows to be forged; or 3. The total amount of loss by the victim(s) of the forgery is less than $1,000, or notwithstanding the amount of the loss by the victim(s), a jurisdiction empowered to prosecute felony forgery charges has declined to file felony Ordinance No. 6411 May 7, 2012 Page 3 of 5 charges or where the circumstances do not meet the county's felony charging guidelines. B. Non-felony forgery is a gross misdemeanor. C. This section is intended to supplement city jurisdiction in cases of forgery cases that could potentially have been prosecuted as felonies but which were declined in writing by the county in which the offense occurred or which do not meet said county's felony charging guidelines as communicated to the city. If a person is charged with forgery under state law for a particular incident, the person shall not also be charged under this section for the same conduct. Section 8. Imulementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 9. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 10. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: _--;• . JUN ,. 4 2012 JUN ,. 4 2U12 JUN ,. 4 2012 C( F, U B RN PETER B. LEWIS MAYOR Ordinance No. 6411 May 7, 2012 Page 4 of 5 ATTEST: � ���-�.� Danielle E. Daskam, City Clerk APP13.0'M�D AS TO FORM: - : . - �°."l�l_1 Published: CD �T�� � � Ordinance No. 6411 May 7, 2012 Page 5 of 5 L o c.a t�.�- � vr�nr��n. tlnr�c�t�F�.�,l���r�r�r�s r � �'- `�-�� ����.� ���-11�5 � .... ..�.- .� .�-�._ .. . ..... `Y � �� -''.•-•= � �_.. : ` �1����� i.\Sf K.�• s�a�1���m�s.cc�n1 PO Box 70, Seattle, WA 98111 City Of Auburn Finance Dept City Clerk 25 W Main St Auburn, WA 98001 Re: Advertiser Account # 107302 Ad #: 200308 Affidavit of Publication 4109261 / 1 STATE OF WASHINGTON Counties of King and Snohomish The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company, publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of Washington. The Seattle Times has been approved as a legal newspaper by others of the Superior Court of King and Snohomish Counties. The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and distrib- uted to its subscribers during all of the said period. pG�wR � � _ �. r [� �11��'t' w. � �.� Agent�'Y} �� R�E,,� E- �j ,,� 6 C�-� Signature n�l i titn:.�,1 f�c,� �rr.- Subscribed and sworn to before me on /.2 DATE ) Notary Pub�c in �i for�h�c'State of Washington, residing at Seattle Christina. C.1VIcKenna i a c�a i�.�r o wnren_ lJnr�t�u�t� ,IVO��r-���s r ��� �'- '��� �`���� ��11�-�� .. . ....r:T .� \ .�. ! �'T. .. . -���� . '��� ir� =i. � �.= 7'�-.... �, • ly ���_�- - S�'.."�'t"�1����'1'1�S.��171 Re: Advertiser Account # 107302 Ad #: 200308 CITY OF AUBURN AD TEXT ORDINANCE NO. 6 4 7 1 AN ORDINANCE OF THE CITY COUN- CIL OF THE CITY OF AUBURN, WASH- INGTON, AMENDING SECTION 10.36.540 OF THE AUBURN CITY CODE AND CREATING NEW SECTIONS 9.14.030, 9.26.010, 9.26.020, 9.A6.010 9.58.020 AND 9.62.010, OF THE AUBURN CITY CODE RELATING TO UPDATING PROSECU- TION CODE SECTIONS INTRODUCED, PASSED, APPROVED: June 4, 2012 The full text of the above Ordinance, which is summarized in ihis publication, will be mailed wiThout charge To any per- son who requesis ihe texT Thereof from The Auburn CiTV Clerk. Published in ihe SeatTle Times June 7, 2012. This ordinance is effective five days afTer publicaTion.