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ORDINANCE NO. 4 3 4 0
AN ORDINANCE AMENDING CHAPTER 9.18 OF.THE AUBURN CITY CODE ENTITLED DOMESTIC
VIOLENCE TO AMEND THE DEFINITION, ISSUANCE AND NOTICE SECTIONS OF
THAT ORDINANCE.
WHEREAS, the current provisions of the Auburn City Code defining Domesti
Violence do not incorporate the expanded definition and the notice require-
ments under current state law in Chapter 10.99 RCW; and
WHEREAS, the current provisions of the Auburn City Code should provide
for an expansion of the scope of no contact orders to enforce violation of
those orders;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this ordinance is to amend they
Auburn City Code Chapter 9.18 entitled Domestic Violence to expand the defini
tion of persons included under the application of the statute, to amend notic
requirements to current state law and to expand the scope of no contact order
to enforce violations of those orders.
Section 2. Section 9.18.010 entitled Definitions, as passed by the City
Council in 1983, is hereby repealed in its entirety and is replaced with the
following:
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Ordinance No. 4340
Page One
5/17/89
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9.18.010 Definitions.
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
"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.
"Domestic violence" includes but is not limited to any of the
following crimes as defined in Title 9 of the Auburn City Code, when com-
mitted by one family or household member against another:
1. Assault (Section 9.16.010)
2. Assault and battery (Section 9.16.02)
3. Provoking assault (Section 9.16.030)
4. Malicious mischief (Section 9.50.010)
5. Injuring property (Section 9.50.030)
6. Larceny (Section 9.46.010)
7. Disorderly conduct (Section 9.40.010)
8. Criminal trespass (Section 9.45.010)
Section 3. That Section 9.18.020 entitled No contact order -Issuance,
as passed by the City Council in 1983, is hereby amended by repealing
Subsection A in its entirety and replacing Subsection A with the following:
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Ordinance No. 4340
Page Two
5/17/89
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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 an
sentence imposed, the court authorizing the release may prohibit that per-
son from having any contact with the victim.
Section 4. That Section 9.18.020 entitled No contact order -Issuance,
as passed by the City Council in 1983, be amended to add a Subsection C to
read as follows:
C. 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, in giving each person immediate notice of
the legal rights and remedies available. The notice shall include handing
each person a copy of the following statement: "IF YOU ARE THE VICTIM OF
DOMESTIC VIOLENCE, you can ask the city or county prosecuting attorney to
file a criminal complaint. You also have the right to file a petition in
superior, district, or municipal court requesting an order for protection
from domestic abuse which could include any of the following:
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Ordinance No. 4340
Page Three
5/18/89
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(a) An order restraining your abuser from further acts of abuse;
(b) An order directing your abuser to leave your household;
(c) An order preventing your abuser from entering your residence,
school, business, or place of employment;
(d) An order awarding you or the other parent custody of or visita-
tion with your minor child or children; and
(e) An order restraining your abuser from molesting or interfering
with minor children in your custody. The forms you need to
obtain for a protection order are available in any municipal
district, or superior court. Information about shelters and
alternatives to domestic violence is available from a state-
wide 24-hour toll -free hotline at 1-800-562-6025. The
Battered womens shelter and other other resources in your area
are:
DAWN, Domestic Abuse Women's Network, 854-STOP (854-7867),
P.O. Box 151, Kent, WA 98035."
Section 5. Section 9.18.030 entitled No contact orders -Violation -
Penalty, as passed by the City Council in 1983, be amended as follows:
A. Wilful 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, ((an -girder issued
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Ordinance No. 4340
Page Four
5/17/89
)) and any person convicted
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thereof shall be punished by a fine of not more than five
hundred dollars or by imprisonment for no more than ninety (90)
days in the city jail, or by both such fine and imprisonment.
B. The written order releasing the ((defendant)) person charged or
arrested shall contain the court's directives and shall bear thi
legend, "Violation of this order is a criminal offense under
Chapter 10.99 RCW and Section 9.18.020 under the Codified
Ordinances of the City of Auburn, Washington ((—")) and will
subject a violator to arrest."
Section 6. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
Section 7. This Ordinance shall take effect and be in force five (5) da
from and after its passage, approval and publication, as provided by law.
INTRODUCED: �Q
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Ordinance No.434O
Page Five
5/17/89
PASSED:
APPROVED:
M A Y O R
ATTEST:
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2&q, )
3 Robin Wohlhueter, City Clerk
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5 APPROVED AS TO FORM:
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Marguerite Schellentrager, City Attorney
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PUBLISHED: _
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Ordinance No. 4340
25 Page Six of Six
5/17/89
26
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4340 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4340 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the the 5th day of July A.D., 1989.
I further certify that said Ordinance No. 4340 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the llth day of July, A.D.,
1989.
Witness my hand and the official seal of the City of
Auburn this July 14, 1989, A.D.
Robin Wohlhueter
City Clerk
City of Auburn