HomeMy WebLinkAbout1961-206 ORDINANCE NO.
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AN ORDINANCE amending Sub - Sections 3, 4 and 5 of Section 1 of
Ordinance No. A -236 entitled, 01 AN ORDINANCE for the
preservation of the public peace, safety, morality
and good order in the City of Yakima, defining who
are disorderly persons and vagrants; providing penal-
ties for the violation thereof; repealing ordinances
numbered 9, 11, 13, 18, 25, 49, 86, 163, 172, 174
182, 193, 213, 2.14, 215, 219, 223, 227 241, 271,
286, 295, 433, 498, 521, 618 634, 652, 720, 730
841, 857 A-19 A-29, A -31, .A -73, A-97 and A -134
and all other ordinances and parts of ordinances in
conflict herewith and declaring an emergency," a
amended, and declaring an emergency.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 That Sub - Section 3 of Section 1 of Ordinance No
A -236 is hereby amended to read as follows:
"3e Assault and Battery. Every person who shall wilfully
commit an asses or an assault and battery, upon any other
person, or who shall traduce or threaten to traduce another
• person, or challenge another person to fight, or by word,
sign or gesture wilfully provoke or attempt to provoke an-
other person to commit an assault or breach of the peaces"
Section 2. That Sub-Section 4 of Section 1 of Ordinance Noe
A.236 is hereby amended to read as follows:
"4. Attem ted Assault. Any person who shall attempt to
comm an assau @ or an assault and battery, upon any
other person ®"
Section 3, That Sub - Section 5 of Section 1 of Ordinance No
A-236 is hereby amended to read as follows:
"5a Farc® When La wful, The use, attempt, or offer to use
force upon or - t ow ar he person of another shall not be un-
lawful in the following cases:
(a) When necessarily used by a public officer in the
performance of a legal duty, or a person assisting him and
acting under his directions
(b) When necessarily used by a person arresting one who
has committed a felony and delivering him to a public officer
• competent to receive him into custody.
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(e) Whenever used by a party about to be injured, or by
another lawfully aiding him in preventing or attempting to
prevent an offense against his person, or a malicious tres-
pass or other malicious interference with real or personal
property lawfully in his possession, in case the force is
not more than shall be necessary.
(d) Whenever used in a reasonable and moderate mann;r by
a parent or his authorized agent, a guardian, master or
teacher in the exercise of lawful authority, to r-:=strain or
correct his child, ward, apprentice or scholar.
(e) Whenever used by a carrier of passengers or his
authorized agent or servant, or other person assisting them
at their request in expelling from a carriage, railway oar,
vessel, or other vehicle, a. passenger who refuses to obey
a lawful and reasonable regulation prescribed for th con-
duct of passengers, if such vehicle has first been stopped
and the force used is not more than shall be necessary to
expel the offender with reasonable regard to his personal
safety.
(f) Whenever used by any person to prevent an idiot,
lunatic or insane person from committing an act dangerou
to himself or another, or in enforcing necessary restraint
for the protection of his person, or his restoration to
health, during such period only as shall be necessary to
obtain legal authority for the restraint or custody of
his person."
Section 4. This ordinance is one to provide for the immediate
preservation of the public peace, property, health and safety and
an emergency is declared to exist, and this ordinance shall be in
full force and effect immediately upon its passage, approval, and
publication as provided by law and the City Charter,
PASSED BY THE CITY COUNCIL, signed and approved this day
of February, 1961
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