HomeMy WebLinkAbout2000-022 Removing “profane” from description of words constituting telephone harassment • ORDINANCE NO. 2000 - �Z
AN ORDINANCE relating to public safety and morals, removing the word
"profane" from the description of words constituting
telephone harassment; and amending section 6.45.030 of
• the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.45.030 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"6.45.030 Telephone harassment.
A. Every person who, with intent to harass, intimidate, torment
or embarrass any other person, shall make a telephone call to such other person:
(1) Using any lewd, lascivious, pfefane, indecent, or obscene
words, or language, or suggesting the commission of any lewd or lascivious act;
or
(2) Anonymously or repeatedly or at an extremely inconvenient
• hour, whether or not conversation ensues; or
(3) Threatening to inflict injury on the person or property of the
person called or any member of his or her family or household;
B. Shall be guilty of a gross misdemeanor."
Section 2. This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this (.Q day of
2000
Ma ace, M
ATTEST:
•
By
City Clerk
Publication Date: ZP / CT° •
Effective Date:
OCR
ORD.telephone harrass. JBW /jbw 05/31/00
s'
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. * F
For Meeting Of — O O c7
ITEM TITLE: An ordinance relating to public safety and morals, removing
the word "profane" from the description of words constituting
telephone harassment; and amending section 6.45.030 of
the City of Yakima Municipal Code.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West, 575 -6033
SUMMARY EXPLANATION: In City of Bellevue v. Loranq, 140 Wn.2d 19 (2000),
the Washington State Supreme Court has held that the use of the word "profane"
in a city ordinance prohibiting telephone harassment, "reaches speech protected
® by the First Amendment, because by using the term `profane,' it reaches speech
critical of a religion." Supra at 29. As a result of this ruling it is necessary to
remove the word "profane" from the City's telephone harassment ordinance.
This minor language change should have no financial impact.
Resolution_ Ordinance X Contract_ Other(Specify)
Contract No. Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:. Pass Ordinance
ORD.telephone harrass. JBW /jbw 05/31/00