HomeMy WebLinkAbout6756 ORDINANCE NO. 6756
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW SECTION TO
CHAPTER 9.14.050 OF THE AUBURN CITY CODE
RELATED TO ASSAULT
WHEREAS, RCW 9A.36.031(1)(g) criminalizes assaulting a police officer as a
class C felony that only County prosecutors can charge;
WHEREAS, if a County declines to charge this offense, cities are left with two
imperfect gross misdemeanor prosecution options: 1) charge the suspect with assault 4
under RCW 9A.36.041 (which does not account for the victim's status as a police officer);
or 2) charge the suspect with attempted assault 3 (which is legally and factually confusing
in cases alleging a completed assault);
WHEREAS, the case of City of Spokane v. White (102 Wn. App. 955) holds that
the State has not preempted laws criminalizing assault;
WHEREAS, other City officers, such as animal control, code enforcement, and
parking enforcement officers, also deserve enhanced legal protection from assaults
occurring in the course of their work;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to City Code. A new section 9.14.050 of the Auburn
City Code is hereby created to read as follows:
9.14.050 Assaulting a City officer
It is a gross misdemeanor for any person aged 18 years or older to assault a City
of Auburn police officer, animal control officer, code enforcement officer, or
parking enforcement officer while the officer is performing official duties. A
violation of this section is punishable by a maximum penalty of 364 days in jail
Ordinance No. 6756
February 6, 2020
Page 1 of 2 Rev. 2019
and/or a $5,000 fine. A violation of this section carries a mandatory minimum
penalty of 30 days in jail.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. 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 of it to any person
or circumstance,will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: F L3 1 8 2020
FE3 1 8 2020
PASSED:
APPROVED: F `3 1 $ 2020
NC B A f , MA O'
111
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk en�omeau, City Attorney
Published:ic Z\,147'0 6iumettlni4
Ordinance No. 6756
February 6, 2020
Page 2 of 2 Rev.2019