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:
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Danielle E. Daskam, City Clerk
APP13.0'M�D AS TO FORM:
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Published: CD �T�� � �
Ordinance No. 6411
May 7, 2012
Page 5 of 5
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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.
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Subscribed and sworn to before me on
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) Notary Pub�c in �i for�h�c'State of Washington, residing at Seattle
Christina. C.1VIcKenna
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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.