HomeMy WebLinkAbout10/05/2010 16 Adoption of RCW 9A.46 and 9.61 Statutes Pertaining to Harassment Type Crimes; YMC Repeal Portions of 6.45 • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting of October 5, 2010
ITEM TITLE Relating to Public Safety; repealing certain sections of Chapter 6 45 of the City of
Yakima Municipal Code for the purpose of adopting the equivalent and additional
Revised Code of Washington statutes found within RCW Chapters 9A.46 and
9 61 pertaining to crimes of a harassing nature, including the crimes of
cyberstalking and violation of restrictive orders, which can be issued in such
cases
SUBMITTED BY Jon L. Seitz, Assistant City Attorney
CONTACT PERSON/TELEPHONE Jon L. Seitz, 509 -575 -6033
SUMMARY EXPLANATION This ordinance is both substantive and also a housekeeping
measure In terms of housekeeping, the ordinance adopts several sections of the Revised
Code of Washington that are equivalent to harassment crimes presently in the Yakima
Municipal Code This is part of an ongoing process to prepare for the implementation of the
prosecutor management system
• In terms of substantive changes, the proposed adopted sections of the RCW pertaining to the
crime of harassment, RCW 9A.46 020 et. seq , would allow our municipal court to issue a no
contact order at the arraignment of a person charged with harassment. The present version of
the Yakima Municipal Code does not allow for this An additional substantive change would be
the adoption of RCW 9 61 260 which criminalizes " cyberstalking" as a form of harassing
behavior and punishable as a gross misdemeanor
Resolution Ordinance X Contract Other(Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL. � mot, City Manager
STAFF RECOMMENDATION Pass Ordinance
BOARD /COMMISSION RECOMMENDATION The proposed ordinance has been before the
Yakima City Council Public Safety Committee The Committee is forwarding the attached ordinance
to the full council for consideration The Committee recommends approval
COUNCIL ACTION
1111
ORDINANCE NO 2010 -
• AN ORDINANCE relating to Public Safety; repealing certain sections of Chapter 6 45 of the
Y p 9 p
City of Yakima Municipal Code for the purpose of adopting the equivalent
and additional Revised Code of Washington statutes found within RCW
Chapters 9A.46 and 9 61 pertaining to crimes of a harassing nature,
including the crimes of cyberstalking and violation of restrictive orders,
which can be issued in such cases
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 The following sections of the City of Yakima Municipal Code are hereby
repealed
6 45 010 Place where committed
6 45 020 Harassment
6 45 030 Telephone Harassment
6 45 080 Stalking
Section 2. A new section 6 45 015, titled "Harassment Crimes ", of the City of Yakima
Municipal Code is hereby adopted to read as follows
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
RCW 9A.46 020 Definition — Penalties
RCW 9A.46 030 Place where committed
• RCW 9A.46 040 Court- ordered requirements upon person charged with
crime — Violation
RCW 9A.46 050 Arraignment —No contact order
RCW 9A.46 060 Crimes included in harassment
RCW 9A.46 070 Enforcement of orders restricting contact
RCW 9A.46 080 Order restricting contact — Violation
RCW 9A.46 090 Nonliability of peace officer
RCW 9A.46 100 "Convicted," time when
RCW 9A.46 110 Stalking
RCW 9A.46 910 Severability -1985 c 288
RCW 9 61 230 Telephone harassment
RCW 9 61 250 Telephone harassment — Offense, where deemed
committed
RCW 9 61 260 Cyberstalking
Section 3 This ordinance shall be in full force and effect thirty 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 5th day of October, 2010
ATTEST Micah Cawley, Mayor
City Clerk
Publication Date
Effective Date
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