HomeMy WebLinkAboutOrd 2680 - TMC Chapter 8.30 "Crimes Relating to Persons" Amendment and Declare an EmergencyWashington
Ordinance No. 2660
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; REPEALING ORDINANCE NOS. 2497
§3, 2195, 1789, 1677 §11, 1469, AND 1363 §1 (PART), AS
CODIFIED IN VARIOUS SECTIONS OF TUKWILA MUNICIPAL
CODE CHAPTER 8.30, "CRIMES RELATING TO PERSONS," AS
STATED HEREIN; PROVIDING FOR SEVERABILITY; DECLARING
AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code Chapter8.30 adopts by reference several state
statutes relating to crimes against persons; and
WHEREAS, in 2021, the Washington State Legislature passed Engrossed Second
Substitute House Bill (E2SHB) 1320, which recodified multiple state statutes involving
crimes of physical harm, domestic violence, and harassment, including those adopted by
reference in Tukwila Municipal Code Chapter8.30; and
WHEREAS, the Tukwila City Council now desires to repeal Ordinance Nos. 2497 §3,
2195, 1789, 1677 §11, 1469, and 1363 §1 (part), as codified in Tukwila Municipal Code
sections as stated herein; and to adopt by reference statutes recodified and adopted by
E2SHB 1320, having judged that the laws contained therein are in the best interests of the
City; and
WHEREAS, these amendments to Tukwila Municipal Code Chapter 8.30, "Crimes
Relating to Persons, are necessary to harmonize the chapter with changes to state law
effectuated by enactment of E2SHB 1320, effective July 1, 2022, and to adopt by
reference all gross misdemeanor protection order violations identified in state law as
necessary to protect the public health, safety, and welfare, the City Council finds that a
public emergency exists requiring these amendments to become effective immediately
upon adoption in order for the City to effectively enforce the state's protection order
violation laws;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 2195, 1469, and 1363 §1 (part), as codified
at Tukwila Municipal Code (TMC) Section 8.30.010, are hereby repealed.
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Section 2. Repealer. Ordinance Nos. 1789 and 1363 §1 (part), as codified at
TMC Section 8.30.030, are hereby repealed.
Section 3. Repealer. Ordinance Nos. 2497 §3 and 1677 §11, as codified at TMC
Section 8.30.060, are hereby repealed.
Section 4. TMC Section 8.30.010, "Assault and Other Crimes Involving Physical
Harm," is hereby re-enacted to read as follows:
8.30.010 Assault and Other Crimes Involving Physical Harm
The following statutes of the State of Washington are hereby adopted by reference as now
in effect or as may be subsequently amended or recodified:
RCW 9A.36.041
RCW 9A.36.050
RCW 9A.36.070
RCW 9A.90.120
RCW 9A.90.130
RCW 9.61.230
RCW 9.61.240
RCW 9.61.250
Assault in the fourth degree.
Reckless endangerment.
Coercion.
Cyber harassment.
Cyberstal king.
Telephone calls to harass, intimidate, tormentor em
Telephone calls to harass, intimidate, torment
Permitting telephone to be used.
Telephone calls to harass, intimidate, torment
Offenses, where deemed committed.
barrass.
or embarrass
or embarrass
Section 5. TMC Section 8.30.030, "Domestic Violence – State Statutes Adopted by
Reference," is hereby re-enacted to read as follows:
8.30.030 Civil Protection Orders – State Statutes Adopted by Reference
The following statutes of the State of Washington, are hereby adopted by reference as
now in effect or as may be subsequently amended or recodified:
RCW 7.105.010
RCW 7.105.050
RCW 7.105.065
RCW 7.105.070
RCW 7.105.075
RCW 7.105.080
RCW 7.105.085
RCW 7.105.100
RCW 7.105.105
RCW 7.105.110
RCW 7.105.115
RCW 7.105.120
Definitions.
Jurisdiction—Domestic violence protection orders, sexual assault
protection orders, stalking protection orders, and antiharassment
protection orders.
Jurisdiction—Vulnerable adult protection orders.
Jurisdiction—Extreme risk protection orders.
Venue.
Personal jurisdiction over nonresidents.
Out-of-state child custody jurisdictional issues.
Filing—Types of petitions.
Filing—Provisions governing all petitions.
Filing—Provisions applicable to specified orders.
Forms, instructions, etc.—Duties of the administrative office of the
courts—Recommendations for filing and data collection.
Filing—Court clerk duties.
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RCW 7.105.150
RCW 7.105.155
RCW 7.105.160
RCW 7.105.165
RCW 7.105.175
RCW 7.105.200
RCW 7.105.205
RCW 7.105.210
RCW 7.105.215
RCW 7.105.220
RCW 7.105.225
RCW 7.105.230
RCW 7.105.235
RCW 7.105.240
RCW 7.105.245
RCW 7.105.250
RCW 7.105.255
RCW 7.105.300
RCW 7.105.305
RCW 7.105.310
RCW 7.105.315
RCW 7.105.320
RCW 7.105.325
RCW 7.105.330
RCW 7.105.335
RCW 7.105.340
RCW 7.105.345
RCW 7.105.350
RCW 7.105.355
RCW 7.105.360
RCW 7.105.365
RCW 7.105.370
RCW 7.105.375
RCW 7.105.400
RCW 7.105.405
Service—Methods of service.
Service—Completion by law enforcement officer.
Service—Materials.
Service—Timing.
Service—Development of best practices.
Hearings—Procedure.
Hearings—Remote hearings.
Realignment of parties—Domestic violence and antiharassment
protection order proceedings.
Hearings—Extreme risk protection orders.
Hearings—Vulnerable adult protection orders.
Grant of order, denial of order, and improper grounds.
Judicial information system consultation.
Compliance hearings.
Appointment of counsel for petitioner.
Interpreters.
Protection order advocates and support persons.
Judicial officertraining.
Application—RCW 7.105.305 through 7.105.325
Ex parte temporary protection orders—Other than for extreme risk
protection orders.
Relief for temporary and full protection orders—Other than for
extreme risk protection orders.
Duration of full protection orders—Other than for extreme risk
protection orders.
Law enforcement stand-by to recover possessions—Other than for
extreme risk protection orders.
Entry of protection order data—Oth er than for extreme risk protection
orders.
Temporary protection orders—Extreme risk protection orders.
Full orders—Extreme risk protection orders.
Surrender of firearms—Extreme risk protection orders.
Firearms return and disposal—Extreme risk protection orders.
Reporting of orders—Extreme risk protection orders.
Sealing of records—Extreme risk protection orders.
Certain findings and information in orders.
Errors in protection orders.
Sealing of records—Recommendations.
Dismissal or suspension of criminal prosecution in exchange for
protection order.
Reissuance of temporary protection orders.
Renewal of protection orders—Other than extreme risk protection
orders.
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RCW 7.105.410
RCW 7.105.450
RCW 7.105.455
RCW 7.105.460
RCW 7.105.465
RCW 7.105.470
RCW 7.105.500
RCW 7.105.505
RCW 7.105.510
RCW 7.105.515
RCW 7.105.550
RCW 7.105.555
RCW 7.105.560
RCW 7.105.565
RCW 7.105.570
RCW 7.105.575
RCW 10.99.020
RCW 10.99.030
RCW 10.99.040
RCW 10.99.045
RCW 10.99.050
RCW 10.99.055
RCW 10.99.060
RCW 10.99.070
Section 6.
follows:
Renewal—Extreme risk protection orders.
Enforcement and penalties—Other than antiharassment protection
orders and extreme risk protection orders.
Enforcement and penalties—Anti harassment protection orders.
Enforcement and penalties—Extreme risk protection orders—False
petitions.
Enforcement and penalties—Knowledge of order.
Enforcement—Prosecutor assistance.
Modification or termination—Other than extreme risk protection
orders and vulnerable adult protection orders.
Termination—Extreme risk protection orders.
Modification or termination—Vulnerable adult protection orders.
Reporting of modification or termination of order.
Orders under this and other chapters—Enforcement and
consolidation—Validity and enforcement of orders under prior
chapters.
Judicial information system—Database.
Title to real estate—Effect of chapter.
Proceedings additional—Filing of criminal charges not required.
Other authority retained.
Liability.
Definitions.
Law enforcement officers – Training, powers, duties – Domestic
violence reports.
Restrictions upon and duties of court.
Appearances by defendant– No contact order.
Victim contact – Restriction, prohibition – Violation, penalties –
Written order – Procedures.
Enforcement of orders.
Notification of victim of prosecution decision – Description of
criminal procedures available.
Liability of peace officers.
TMC Section 8.30.060, "Harassment," is hereby re-enacted to read as
8.30.060 Harassment
The following statutes of the State of Washington are hereby adopted by reference as
now in effector as may be subsequently amended orrecodified:
RCW 9A.46.020
RCW 9A.46.030
RCW 9A.46.040
Definition – Penalties.
Place where committed.
Court-ordered requirements upon person charged with crime –
Violation.
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RCW 9A.46.050
RCW 9A.46.060
RCW 9A.46.070
RCW 9A.46.080
RCW 9A.46.090
RCW 9A.46.100
RCW 9A.46.110
Arraignment- No -contact order.
Crimes included in harassment.
Enforcementof orders restricting contact.
Order restricting contact- Violation.
Nonliability of peace officer.
"Convicted", time when.
Stalking.
Section 7. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to
make necessary corrections to this ordinance, including the correction of scrivener's
errors; references to other local, state or federal laws, codes, rules, or regulations; or
ordinance numbering and section/subsection numbering.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Declaration of Emergency; Effective Date. This ordinance, as a
public emergency ordinance necessary for the protection of the public health, safety,
and welfare, shall take effect and be in full force immediately upon its adoption. A non -
exhaustive list of facts supporting this emergency declaration are included in the recitals
above, which are adopted by reference as findings of fact as if fully set forth herein.
This ordinance or a summary thereof consisting of the title shall be published in the
official newspaper of the City.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ata Regular Meeting thereof this 5V4 day of 0 C419b-W , 2022.
ATTEST/AUTHENTICATED:
Giou4r9 OglaiteAte3
Key: 73<14A2f-3713 471 abel +305.655
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY: Filed with the City Clerk: ?-2-7 -22-
Passed by the City Council: (O- 3
Published:
Effective Date: Date: P e yealot.
oSignod SoartklaseDocv.coin
cl(a;V oe. Sawee
Office of the City Attorney
Ordinance Number: 2,68,s
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City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2680.
On October 3, 2022 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2680: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2497 §3, 2195, 1789, 1677
§11, 1469, AND 1363 §1 (PART), AS CODIFIED IN VARIOUS SECTIONS OF TUKWILA
MUNICIPAL CODE CHAPTER 8.30, "CRIMES RELATING TO PERSONS," AS STATED
HEREIN; PROVIDING FOR SEVERABILITY; DECLARINGAN EMERGENCY AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: October 6, 2022