HomeMy WebLinkAbout2022-022 Ordinance amending sections of Title 6 to reflect changes to adopted/referenced RCWs; adopting the new RCW for Cyberstalking and an RCW pertaining to Telephone HarassmentAN ORDINANCE
ORDINANCE NO. 2022-022
relating to Public Safety; amending the City of Yakima Municipal Code;
amending certain sections Title 6 to reflect changes to adopted/referenced
RCWs; adopting the new RCW for Cyberstalking and an RCW pertaining
to Telephone Harassment.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following section, 6.05.135, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.05.135 Exposing minor child(ren) to domestic violence.
A. A person commits the crime of exposing minor child(ren) to domestic
violence when he or she:
1. Commits a crime against a family or household member, or an
intimate partner, as defined in RCW 10.99.020, as currently enacted or
hereafter amended or recodified; and
2. The crime is committed in the immediate presence of, or is witnessed
or heard by, the person's or the victim's minor child, minor stepchild, or
any minor child residing within the household of the person or victim.
3. For purposes of this section, "minor" shall mean under eighteen
years of age on the date of the violation.
B. A violation of this section is a gross misdemeanor. Any person convicted of
this crime shall be punished by imprisonment of not less than thirty days.
Section 2. The following section, 6.05.110, of the City of Yakima Municipal Code is
hereby 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 less than one copy of RCW Chapter 10.99 for use by city officials and the
general public.
Section 3. The following section, 6.45.015, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.45.015 Statues adopted —Harassment crimes.
The following RCW sections, as currently enacted or as hereafter amended or
recodified from time to time, are hereby adopted by reference and shall be given
the same force and effect as if set forth herein in full:
7.105.455 Enforcement and penalties—Antiharassment protection orders.
9A.46.020 Definition —Penalties.
9A.46.030 Place where committed.
1
9A.46.040 Court -ordered requirements upon person charged with crime —
Violation.
9A.46.050 Arraignment —No contact order.
9A.46.060 Crimes included in harassment.
9A.46.070 Enforcement of orders restricting contact.
9A.46.080 Order restricting contact —Violation.
9A.46.090 Nonliability of peace officer.
9A.46.100 "Convicted," time when.
9A.46.110 Stalking.
9A.46.910 Severability-1985 c 288.
9.61.230 Telephone harassment.
9.61.240 Telephone harassment —Permitting telephone to be used.
9.61.250 Telephone harassment —Offense, where deemed committed.
9A.90.120 Cyber harassment..
9A.90.130 Cyberstalking.
9A.86.010 Disclosing intimate images.
Section 4. 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 appr Lied this 1st day of August, 2022.
ATTEST:
Sony. h laar Tee, City Clerk
Publication Date: August 5, 2022
Effective Date: September 4, 2022
2
Soneya Lund, Assistant Mayor
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.P.
For Meeting of: August 1, 2022
ITEM TITLE: Ordinance amending sections of Title 6 to reflect changes to
adopted/referenced RCWs; adopting the new RCW for
Cyberstalking and an RCW pertaining to Telephone Harassment
SUBMITTED BY: Jeffrey Schaap, Senior Assistant City Attorney
SUMMARY EXPLANATION:
This proposed ordinance is largely a housekeeping measure to align the municipal code with
several changes from the last legislative session and to address several harassment statutes.
(1) The proposed ordinance amends YMC 6.05.135 to replace RCW 26.50.010 with RCW
10.99.020 for the purposes of defining family or household member or intimate partner; it does
not change the definitions, rather only what RCW is referenced.
(2) The proposed ordinance strikes RCW 26.50.110 from YMC 6.05.110; this RCW is no longer
in use.
(3) The proposed ordinance addresses several changes regarding Cyberstalking and Cyber
Harassment. The city had previously adopted the RCW for Cyberstalking. The legislature
recodified and amended Cyberstalking as RCW 9A.90.120 and retitled it Cyber Harassment —
the proposed ordinance changes the language in the municipal code to match these changes. At
the same time the legislature created a new crime, RCW 9A.90.130, and titled it Cyberstalking.
This new crime makes it a gross misdemeanor to knowingly and without consent install or monitor
an electronic tracking device with the intent to track the location of another person. The proposed
ordinance adopts this new RCW.
(4) Lastly, with regard to harassment the proposed ordinance adopts RCW 9.61.240 which relates to
Telephone Harassment and permitting a telephone under a persons control to be used for the
purposes of telephone harassment. The city has already adopted Telephone Harassment, the
adoption of this RCW provides further enforcement.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
2
Pass ordinance
ATTACHMENTS:
Description
Upload Date
D Ord -Title 6 harassment & cyberstalking - track changes 7/21/2022
Ord -Title 6 harassment & cyberstalking - changes
accepted
7/21/2022
Type
Ordinance
Ordinance