HomeMy WebLinkAboutOrd 1277 - Domestic Violence and Issuance of No Contact Orders by Municipal Court Jk
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
RELATING TO CRIMES INVOLVING DOMESTIC VIOLENCE
AND PERMITTING THE ISSUANCE OF NO CONTACT ORDERS
BY THE TUKWILA MUNICIPAL COURT.
WHEREAS, the City of Tukwila recognizes the importance of
domestic violence as a serious crime against society, and
WHEREAS, the City of Tukwila wishes to assure the victim of
domestic violence the maximum protection from abuse which the law and
those who enforce the law can provide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 8.04 of the Tukwila Municipal Code is
amended by adding thereto a new section 8.04.007 to read as follows:
8.04.007 Domestic Violence Defined.
(1) "Cohabitant" means a person who is married or who is co-
habiting with a person as husband and wife at the present time or at some
time in the past. Any person who has one or more children in co -mon with
another person, regardless of whether they have been married or lived to-
gether at any time, shall be treated as a cohabitant.
(2) "Domestic Violence" includes, but is not limited to, any
of the following crimes, as defined in Chapter 8.04 of the Tukwila Muni-
cipal Code and RCW Title 9A (adopted by reference in TMC 8.04.005), when
committed by one cohabitant against another:
(a) Assault (TMC 8.04.250)
(b) Assault and battery (TMC 8.04.260)
(c) Provoking assault (TMC 8.04.270)
(d) Criminal trespass (TMC 8.04.530)
(e) Coercion (RCW 9A.36.070)
(f) Reckless endangerment (RCW 9A.36.080)
(g) Custodial interference (RCW 9A.40.050)
(h) Reckless burning in the second degree (RCW 9A.48.050)
(i) Malicious mischief in the third degree (RCW 9A.48.090)
(j) Vehicle prowling (RCW 9A.52.100)
(k) Theft in the third degree (RCW 9A.56.050)
(3) "Victim" means a cohabitant who has been subjected to domestic
violence.
Section 2. Chapter 8.04 of the Tukwila Municipal Code is amended
by adding thereto new section 8.04.600, 8.04.610 and 8.04.260 to read as
follows:
8.04.600 No Contact Orders
(1) Because of the likelihood of repeated violence directed at
those who have been victims of domestic violence in the past, when any
defendant charged with a crime involving domestic violence is released from
custody before trial on bail or personal recognizance, the court authorizing
the release may prohibit the defendant from having any contact with the victim.
(2) Orders prohibiting the defendant from having contact shall
be written and a certified copy of such order shall be provided to the victim.
8.04.610 Violation of No Contact Order is a Crime
(1) Willful violation of an order issued pursuant to Section
8.04.600 is a misdemeanor and any person convicted thereof may be punished
by a fine of not more than $500.00 or by imprisonment for no more than 90
days, or by both such fine and imprisonment.
(2) The written order releasing the defendant shall contain the
court's directives and shall bear the legend: "Violation of this order is
a criminal offesne under TMC 8.04.610."
8.04.620 Peace Officer Immunity
A peace officer shall not be held liable in any civil action for
an arrest based on probable cause, enforcement in good faith of a court
order, or any other action or omission in good faith arising from an alleged
incident of domestic violence brought by any party to the incident.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this day of 77
1982.
Approved as to Form
ATTEST:
bajav
Deputy City Attorney, Daniel D. Woo
M •r; Gary Van Dusen
lily 42 s
eYty Clerk
Published Record Chronicle October 29, 1982