HomeMy WebLinkAbout2000-025 Recodifying the penalties for violating protective orders within the City of Yakima ORDINANCE NO. 2000 -. 25
AN ORDINANCE relating to Public Safety and Morals, recodifying the
penalties for violating protective orders within the City of
Yakima, adding a new Sections 6.05.090 and 6.05.140,
amending Sections 6.05.110 and 6.05.120, and repealing
Sections 6.45.060 and 6.45.070, all of the City of Yakima
Municipal Code and declaring an emergency.
WHEREAS, the penalties for violation of protective orders within the City of
Yakima is currently found in Sections 6.05.040, 6.05.060, 6.45.060 and 6.45.070,
all of the City of Yakima Municipal Code;
WHEREAS, the Washington State Legislature recently amended RCW Section
26.50.110 to combine and centralize the location of the penalties for violation of
protective orders; .
WHEREAS, three out of four American women will be victims of violent crimes
sometime during their lifetime. An estimated 4 million American women are
battered each year by their husbands or partners. Arrest rates may be as low as
1 for every 100 domestic assaults. While other crimes within the City of Yakima
are down, domestic violence is on the rise, up 15% from last year. Domestic
violence accounts for 41 % of the total Yakima Municipal Court trial caseload. In
nearly all domestic violence cases the court issues a "no contact order" to protect
the alleged victim. In many of the cases the defendant continues to harass and
intimidate the alleged victim. In 10% of cases the defendant violates the no
contact order. Arrest is mandated by law for violating a protective order. Without
the immediate passage of this ordinance, the City of- Yakima will be unable to
prosecute violations of no contact orders within the City of Yakima when the
amended RCW sections 10.99.040 and 10.99.050 become effective on July 1
2000;
WHEREAS, it is in the best interests of the citizens of the City of Yakima that the
ordinance related to the penalties for violation of protective orders within the City
of Yakima be amended to combine and centralize the location of the penalties for
violation of protective orders in conformity with the amended R.C.W.
Furthermore, the City Council declares that an emergency exist for the passage
of this ordinance, such emergency consisting of the need to ensure the
immediate preservation of public peace, health, and safety; now, therefore,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Section 6.05.090 of the City of Yakima Municipal Code is
hereby enacted as a new section to read as follows:
"6.05.090 Violation of Order - Penalties
RCW 26.50.110 is adopted by reference."
Section 2. Section 6.05.110 of the City of Yakima Municipal Code is
amended to read as follows:
"6.05.110 Copy of state statute on file.
The office of the city clerk shall maintain at all times as a public record of
the city, not Tess than one copy of RCW Chapter 10.99 and RCW Chapter
26.50.110 for use by city officials and the general public."
Section 3. Section 6.05.120 of the City of Yakima Municipal Code is
amended to read as follows:
"6.05.120 Adoption by reference includes subsequent
amendments. .
A111-14 RCW sections referred to in this chapter shall include the current
version and any subsequent amendments thereto."
Section 4. Sections 6.45.060 and 6.45.070 of the City of Yakima
Municipal Code are hereby repealed.
Section 5. Section 6.05.140 of the City of Yakima Municipal Code is
hereby enacted as a new section to read as follows:
"6.05.140 Severability.
Each separate provision of this ordinance shall be deemed independent of
all other provisions. If any provision of the ordinance, or part thereof, be declared
invalid, all other provisions, or parts thereof, shall remain valid and enforceable."
Section 6. Emergency Effective Date. An emergency is hereby
declared to exist for the passage of this ordinance, such emergency consisting of
the need to ensure the immediate preservation of public peace, health, and
safety. Because of such urgency and emergency, this ordinance shall be in full
force and effective on July 1 2000 as provided by law and by the City of Yakima
Charter.
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a
PASSED BY THE CITY COUNCIL, signed and approved this day
of June, 2000.
X fi .
MA PLACE, Mayor
ATTEST:
G` G
City Clerk
Publication Date: rim
Effective Date: 7-6( —d-(3
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 6/27/00
ITEM TITLE: An ordinance recodifying the criminal penalty for violation of
protective orders within the City of Yakima.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West, 575 - 6033
SUMMARY EXPLANATION:
The Washington State Legislature recently amended the Revised Code of Washington
§ 26.50.110 to combine and centralize the location of the penalties for violations of protective
orders. The amendment to the R.C.W. eliminated several statutes heretofore adopted by
reference in existing City ordinances. When the amended R.C.W. becomes effective on July
1' 2000, the City ordinances that adopted the eliminated statutes will become unenforceable.
The proposed ordinance change does not create a new criminal charge or penalty, but merely
recodifies the existing penalties to conform the City of Yakima Municipal Code to the newly
amended Revised Code of Washington. Without the immediate passage of this Emergency
Ordinance, the City of Yakima will be unable to prosecute violations of protective orders that
occur within the City of Yakima when the amendments to RCW sections 10.99.040 and
10.99.050 become effective on July 1x`2000. This change would have no financial impact on
the City of Yakima.
Resolution Ordinance X Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
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STAFF RECOMMENDATION: Pass Emergency Ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2000 -25