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HomeMy WebLinkAbout4606 Ordinance - Amending PMC Regarding RCW Changes - Domestic Violence and Protective Orders ORDINANCE NO. 4606 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING A NEW SECTION 1.02.030 OF THE PASCO MUNICIPAL CODE, AND AMENDING SECTIONS 9.10.030, 9.10.040, 9.15.040, 9.15.050, 9.20.050, 9.20.060 AND 9.20.090 OF THE PASCO MUNICIPAL CODE UPDATING CRIMINAL CODES TO ADDRESS CHANGES IN STATE LAW INVOLVING CRIMES OF DOMESTIC VIOLENCE AND VIOLATION OF COURT ORDERS. WHEREAS,the City of Pasco has need, from time to time, to amend the Pasco Municipal Code(PMC)to align with State law; and WHEREAS, the Washington State Legislature recently consolidated and recodified a number of specific statutes, including but not limited to Chapter 26.50 RCW related to domestic violence orders, Chapter 10.14 RCW related to anti-harassment orders, and Chapter 74.34 RCW related to vulnerable adult protection orders, as a new Chapter 7.105 RCW; and WHEREAS, amendments to affected portions of the PMC are necessary to consistently enable the City to address violations of the law as it prosecutes certain crimes, including domestic violence and violations of no-contact orders. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WA5HINGTON DO ORDAIN as follows: Section 1. That a new Section 1.02.030 entitled"Adoption of State statutes by reference" of the Pasco Municipal Code, is hereby created to read as follows: 1.02.U3U .:�duufi��« u1�St��iQc s�at��es bv� rc���'ence. Statutes of the State of WashinUton as s ecified in this Code includin�those Titles and Cha ters hereof relatin to law enforcement and criminal �rosecution includin but not limited to Title 9 PEACE, SAFETY AND MORALS, and 1�itle 10, VEHICLES AND TRAFFIC, are adopted by reference as a part of the Citv Code as if set forth in full,,cogies of the text thereof as provided in the Revised Code of Washin�;ton shall be on file in the offices of the Citv Clerk or as otherwise directed b�� the Citv Clerk for access to ersons seekin�the same. Section 2. That Section 9.10.030 entitled "Violation of other court orders" of the Pasco Municipal Code, is hereby amended to read as follows: 9.10.030 Violation of other court orders. Any person violating, within the City of Pasco, a court order issued by any court of competent jurisdiction, when the violation of such court order is a criminal misdemeanor or gross misdemeanor under: Ordinance—RCW Changes to Crimes of Domestic Violence and Violation of Court Orders- 1 (1) Chapter �� 9A.46 RCW(criminal no-contact order); or (2) Chapter 7.105 RCW or the for _ii_,; �� 10.14 RCW (antiharassment order); or (3) Chapter l5 RCW or Cha>>t� 10.99 RCW (criminal no-contact order); or (4) Chapter �� : RCW (restraining order issued on behalf of an abused child or adult dependent person); or (5) Chapter r� 26.09 RCW (dissolution action arder); or (6) Chapter 7.105 RCW or the former C1�<< ����1 26.26 RCW(parentage action order); or (7) Chapter 7.l�5 RCW or the former Chal�icr 26.50 RCW (domestic violence protection order); or (8) Chapter �.l u� RCti�� t>>�� �`k�tiu�,���Q-26.52 RCW(foreign protection order); ar (9) Chapter^ ' `'� "`'`�� - E�_. 74.34 RCW(order for protection of a vulnerable adult); is subject to prosecution for such violation in the Pasco Municipal Court the same as any other criminal violation of this title. [Ord. 3483 § 3, 2001; Code 1970 § 9.03.012.] Section 3. That Section 9.10.040 entitled "Violation of Order — Penalties" of the Pasco Municipal Code, is hereby amended to read as follows: 9.10.040 Violation of order—Penalties. (1) Whenever an order is granted by the Pasco Municipal Court or under any of the RCWs listed in PMC 9.10.030, and the defendant, respondent, or person to be restrained knows of the order,a violation of the restraint provisions or of a provision excluding the person from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or of a provision of a foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under RCW 10.31.100(2)(a) or (b), is a gross misdemeanor except as provided in subsections (4) and (5) of this section. (2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued by the Pasco Municipal Court or an order issued pursuant to Chapters 10.99, 26.09, 26.10, 26.52, or 74.34 RCW, that restrains the person or excludes the person from a residence, workplace, school or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order. Ordinance—RCW Changes to Crimes of Domestic Violence and Violation of Court Orders -2 (3) A violation of an order issued in Pasco Municipal Court, or under Chapters , 10.99, 26.09, 26.10, 26.52, or 74.34 RCW. ��:� 1, _ ��l _ __ , shall also constitute contempt of court, and is subject to the penalties prescribed by law. (4) Any assault that is a violation of an order issued by Pasco Municipal Court, or under Chapters 10.99, 26.09, 26.10, 26.52, or 74.34 RCW, � _ _ , that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021, is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. (5) A violation of a court order issued by Pasco Municipal Court, or under Chapters 7.105, 10.99, 26.09, 26.10, 26.52, or 74.34 _ _ 1� o�- 26.50 , is a class C felony if the offender has at least two previous convictions for violating the provisions of an order issued under Chapters 10.99, 26.09, 26.10, 26.52, or 74.34 RCW, _ �? _ __ _ .. . The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated. (6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the defendant, respondent, or person under restraint has violated an order granted under the Pasco Municipal Code,or under Chapters 10.99,26.09,26.10, 26.52,or 74.34 RCW, s�r t'�t i��>r��- _ C`r� r �<�� ���� the court may issue an order to the defendant, respondent, or person under restraint, requiring that person to appear and show cause within 14 days why he or she should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. [Ord. 3483 § 3, 2001; Ord. 2669 § 1, 1987; Code 1970 § 9.03.020.] Section 4. That Section 9.15.040 entitled "Domestic violence" of the Pasco Municipal Code, is hereby amended to read as follows: 9.15.040 Domestic violence. (1) The purpose of this section of the Pasco Municipal Code is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse that the law and those who enforce it can possibly provide. (2) Definitions. "Domestic violence"includes but is not limited to any of the following crimes when committed by one family or household member against another: (a) Assault in the fourth degree(RCW 9A.36.041 and PMC 9.15.030, Simple assault). (b) Reckless endangerment in the second degree (RCW 9A.36.050 and PMC 9.15.070). Ordinance—RCW Changes to Crimes of Domestic Violence and Violation of Court Orders- 3 (c) Coercion(RCW 9A.36.070 and PMC 9.140.070). (d) Criminal trespass in the first degree (RCW 9A.52.070 and PMC 9.115.020(1)). (e) Criminal trespass in the second degree (RCW 9A.52.080 and PMC 9.115.020(2)). (fl Destruction or removal of property(PMC 9.115.090). (g) Violation of the provisions of a restraining order or protection order restraining the person or excluding the person from a residence (RCW 26.09.300, 26.52.070, or Chapter 74.34 RCW. c�r tC r Sections 26.50.060, 26.50.070z2f rrnt _,and PMC 9.10.010). "Datin 7 relationshi " means a social relationshi of a romantic nature. �actors that the court mav consider in makin� this determination include: (a) the len�th of time the relationshi�has existed; (b} the nature of the relationshig; and (c) the freguenc�f interaction between the arties. "Family or household member"means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons 16 years of age or older with whom a person 16 years of age or older has or has had a dating relationship,and persons who have a biological or legal parent-child relationship,including stepparents and stepchildren and grandparents and gandchildren. "Victim" means a family or household member who has been subjected to domestic violence. (3) Simple Assault— Domestic Violence. No person may, as a family or household member, willfully use ar threaten to use by purposeful words or acts,unlawful physical force against another member of the same family or household. (4) Any defense available to a person charged with the crime of assault in the fourth degree under RCW 9A.36.041 shall also be a defense to the crime of simple assault—domestic violence under this section. (5) Any crime charged under this section shall be a gross misdemeanor. [Ord. 4093,2012;Ord. 3484 § 2, 2001; Code 1970 § 9.06.040.] Section 5.That Section 9.15.050 entitled"Interfering with reporting domestic violence"of the Pasco Municipal Code, is hereby amended to read as follows: Ordinance—RCW Changes to Crimes of Domestic Violence and Violation of Court Orders-4 9.15.050 Interfering with reporting domestic violence. (1) A person commits the crime of interfering with reporting domestic violence if the person: (a) Commits a crime of domestic violence as defined in PMC 9.15.040. :Ynci;ur Chapter ; and (b) Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling the 911 emergency communication system, or from obtaining medical assistance, or from making a report to any law enforcement official. (2) Commission of a crime of domestic violence under subsection (1) of this section is a necessary element of the crime of interfering with reporting domestic violence. (3) Interfering with reporting domestic violence is a gross misdemeanor. [Ord. 3484 §2,2001; Code 1970 § 9.06.050.] Section 6. That Section 9.20.050 entitled "Crimes included in harassment" of the Pasco Municipal Code, is hereby amended to read as follows: 9.20.050 Crimes included in harassment. As used in this chapter,"harassmenY'may include but is not limited to any of the following crimes: (1) Harassment(PMC 9.20.010 or I`C'��` - o�� RCW 9A.46 A20); (2) Malicious harassment(PMC 9.15.060 or RCW 9A.36.080); (3) Telephone harassment(RCW 9.130.230); (4) Assault in the first degree (RCW 9A.36.011); (5) Assault of a child in the first degree(RCW 9A.36.120); (6) Assault in the second degree(RCW 9A.36.021); (7) Assault of a child in the second degree (RCW 9A.36.130); (8) Assault in the fourth degree(RCW 9A.36.041); (9) Simple assault(PMC 9.15.030)or Simple Assault—Domestic Violence(PMC 9.15.040(3) _�� ), Ordinance—RCW Changes to Crimes of Domestic Violence and Violation of Court Orders-5 (10) Reckless endangerment in the second degree (PMC 9.15.070 or RCW 9A.36.050); (11) Extortion in the first degree (RCW 9A.56.120); (12) Extortion in the second degree (RCW 9A.56.130); (13) Coercion (PMC 9.140.070 or RCW 9A.36.070); (14) Burglary in the first degree (RCW 9A.52.020); {15) Burglary in the second degree (RCW 9A.52.030); (16) Criminal trespass in the first degree (PMC 9.115A20(1) or RCW 9A.52.070); (17) Criminal trespass in the second degree (PMC 9.115.020(2) or RCW 9A.52.080); (18) Malicious mischief in the first degree(RCW 9A.48.070); (19) Malicious mischief in the second degree (RCW 9A.48.080); (20) Malicious mischief in the third degree (PMC 9.115.090 or RCW 9A.48.090); (21) Kidnapping in the first degree (RCW 9A.40.020); (22) Kidnapping in the second degree (RCW 9A.40.030); (23) Unlawful imprisonment (RCW 9A.40.040); (24) Rape in the first degree(RCW 9A.44.040); (25) Rape in the second degree (RCW 9A.44.050); (26) Rape in the third degree (RCW 9A.44.060); (27) Indecent liberties (RCW 9A.44.100); (28) Rape of a child in the first degree (RCW 9A.44.073); (29) Rape of a child in the second degree (RCW 9A.44.076); (30) Rape of a child in the third degree(RCW 9A.44.079); (31) Child molestation in the first degree (RCW 9A.44.083); (32) Child molestation in the second degree(RCW 9A.44.086}; Ordinance—RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 6 (33) Child molestation in the third degee(RCW 9A.44.089); (34) Stalking (PMC 9.20.090 or RCW 9A.46.110); (35) Residential burglary(RCW 9A.52.025); {36) Violation of a temporary or permanent protective order issued pursuant to Chapter _ , 9A.46, 10.14, 10.99 � 25.09 , or _ i;;,- N�;��,i: 0 26.50 RCW; (37) Unlawful discharge of laser in the first degree(RCW 9A.49.200); and (38) Unlawful discharge of a laser in the second degree (RCW 9A.49.030). [Ord. 4482 § 2, 2020; Ord. 3484 § 4, 2001; Ord. 2912 § 1, 1992; Code 1970 § 9.08.050.] Section 7. That Section 9.20.Ob0 entitled "Order restricting contact — Violation" of the Pasco Municipal Code, is hereby amended to read as follows: 9.20.060 Order restricting contact—Violation. The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the Clerk of the court. Willful violation of a court order issued under this section is a misdemeanor. The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under Chapter 9A.46 RCW: � .I .�� C":�� 1;�_�.�� �. l��� ����_'���. and will subj ect a violator to arrest. [Ord. 2912 § 1, 1992; Code 1970 § 9.08.060.] Section 8. That Section 9.20.090 entitled "Stalking — Penalties" of the Pasco Municipal Code, is hereby amended to read as follows: 9.20.090 Stalking—Penalties. (1) A person commits the crime of stalking if, without lawful authority and under circumstances not amounting to a felony attempt of another crime: (a) He or she intentionally and repeatedly harasses or repeatedly follows another person; and (b) The person being harassed or followed is placed in fear that the stalker intends to injure the person,another person or property of the person or of another person.The feeling Ordinance—RCW Changes to Crimes of Domestic Violence and Violation of Court Orders-7 of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and (c) The stalker either: (i) Intends to frighten, intimidate, or harass the person; or (ii) Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person. (2) It is not a defense to the crime of stalking under subsection(1)(c)(i)of this section that the stalker was not given actual notice that the person being followed did not want the stalker to contact or follow the person; and {3) It is not a defense to the crime of stalking under subsection(1)(c)(ii)of this section that the stalker did not intend to frighten, intimidate, or harass the person being followed. (4) It shall be a defense to the crime of stalking that the defendant is a licensed private detective acting within the capacity of his or her license as provided by Chapter 18.165 RCW. (5) Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the stalker intends to intimidate or harass the person. "ContacY' includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person. (6) Except as provided in RCW 9A.46.110(5)(b),such additional elements as constitute a class B felony, a person who stalks another person is guilty of a gross misdemeanor. (7) As used in this section: "Follows"means deliberately maintaining visual or physical proximity to a specific person over a period of time.A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment,business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. "Harasses" means unlawful harassment as defined in PMC 9.20.010 or RCW t"��ic�- �. t c!>. "Protective order"means any temporary or permanent court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person. Ordinance—RCW Changes to Crimes of Domestic Violence and Violation of Court Orders - 8 "Repeatedly" means on two or more separate occasions. [Ord. 4153, 2014; Ord. 3484 § 5, 2001; Ord. 2912 § 1, 1992; Code 1970 § 9.08.090.] 5ection 9. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Section 10. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 11. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance, including but not limited to the correction of scrivener's errors/clerical errors, section numbering, references, or similar mistakes of form. PASSED by the City Council of the City of Pasco,Washington,this 6th day of September, 2022. --� Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: � G��^�.---� Debra Barham, CMC Kerr Fer 7 aw, PLLC City Clerk City rneys r Published: �/�i �' . � .�Zi2— Ordinance—RCW Changes to Crimes of Domestic Violence and Violation of Court Orders -9