HomeMy WebLinkAbout07/05/2022 13. Misc. Distributred at Meeting Distributed at they
Meeting
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of July 5, 2002
ITEM TITLE:
AN ORDINANCE relating to Public Safety; removing statutes repealed by the State and
adopting the newly codified equivalent RCW's 7.105.450, 7.105.455 and
7.105.465 as an Emergency Ordinance to authorize the continued
prosecution of Violation of Protective Orders and Antiharassment Orders
in the City of Yakima Municipal Court.
SUBMITTED BY: Cynthia Martinez, Senior Assistant City Attorney
SUMMARY EXPLANATION: The attached ordinance is presented as an
Emergency effective immediately upon adoption. An emergency ordinance requires a
unanimous vote for passage.
The State Legislature has recodified the statutes controlling protective orders and
antiharassment orders, including penalties for these crimes, in a new chapter
RCW 7.105. The chapter is labeled, "Civil Protection Orders," which has caused
confusion among the criminal justice community. The new chapter does include
protective orders issued in connection with criminal matters including domestic violence
orders. As part of this recodification, the legislature repealed the statutes enumerating
the penalties for violations of protective orders and anti-harassment orders. The new
statute went into effect on July 1st, 2022, and was discovered when officers tried to
issue a citation under a repealed statute. We had hoped the savings clause would
cover the changes, however upon closer examination of the language, the event of a
repealed statute is not anticipated in language.
The City of Yakima Prosecution Division will not be able to prosecute violations of
protective orders and antiharassment orders in Municipal Court until Council adopts the
specific provisions of the new RCW 7.105. Officers can still enforce violations but
charges will need to be forwarded to the County Prosecutor and defendants booked into
the county jail. Forwarding violations of protective order and anti-harassment order
matters cedes discretion of City of Yakima cases to the County Prosecutor, who has a
heavy caseload that includes serious felony matters. Forwarding matters in which the
city could have jurisdiction to the County Prosecutor is done at a cost to the city.
The number of these types of cases is not inconsequential, with the City of Yakima
handling over 500 cases a year. Violations of protective orders and antiharassment
orders are of great concern to victims of crime and may expose the victim to further
violence, manipulation by the perpetrator, and further harassment. These types of acts
are a crime of focus for the City of Yakima Coordinated Community response team for
Domestic Violence. Prosecution of protection order violations is vital for the purposes of
holding perpetrators of domestic violence accountable and protecting the community
against those individuals that are violating court orders.
FINANCIAL IMPACT
ITEM BUDGETED (choose one):
X YES NO NA
STRATEGIC PRIORITY(choose only one):
Economic Development
X Public Safety
Neighborhood and Community Building
Public Trust and Accountability
Partnership Development
NA
RECOMMENDATION (choose only one):
Adopt resolution.
X Pass ordinance.
Approve report.
ORDINANCE NO. 2022-
AN ORDINANCE relating to Public Safety; removing statutes repealed by the State and
adopting the newly codified equivalent RCW's 7.105.450, 7.105.455 and
7.105.465 as an Emergency Ordinance to authorize the continued
prosecution of Violation of Protective Orders and Antiharassment Orders
in the City of Yakima Municipal Court.
WHEREAS, the State Legislature consolidated all protective orders and antiharassment
orders in a new chapter RCW 7.105 entitled Civil Protection Orders and repealed RCW
26.50.110, RCW 10.14.120, and RCW 10.14.170, statutes dealing with penalties for violations
of protective and antiharassment orders; and
WHEREAS, the penalties for domestic violence protective orders and antiharassment
orders, amongst other types of orders, are now included in RCW 7.105; and
WHEREAS, the City of Yakima Police Department enforces protective orders and anti-
harassment orders within the City of Yakima and forwards referrals to the City of Yakima
Prosecution Division for filing in the Municipal Court; and
WHEREAS, the City of Yakima Prosecution Division prosecuted 539 violations of
protective orders in 2021; and
WHEREAS, violations of protective orders cause great distress for victims of crime and
can put victims in danger of further violence, perpetrator manipulation, and further harassment;
and
WHEREAS, prosecution of protection order violations is vital for the purposes of holding
perpetrators of domestic violence accountable and protecting the community against those
individuals that are violating court orders; and
WHEREAS, without adoption of this Emergency Ordinance the City of Yakima will no
longer be able to prosecute these offenses in Yakima Municipal Court and all referrals will be
sent to the Yakima County Prosecuting Attorney's Office, who has a large caseload and does
not need the additional burden of cases which the City of Yakima has jurisdiction, and moreover
the City will have no control over the filing and resolution of said violations; and
WHEREAS, this Emergency Ordinance promotes the public good and is necessary for
the protection of public health, property, safety, and welfare of citizens of the City of Yakima. A
public emergency exists requiring that this ordinance becomes effective immediately; Now,
Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Finding of Fact. The recitals set forth above are hereby adopted as the
City Council's initial finding of fact in support of this ordinance.
Section 2. The following section, 6.05.090, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.05.090 Violation of order Penalties. Statutes adopted—Violation of orders—
Enforcement and penalties.
RCW 26.50.110 is adopted by reference. -The following Revised Code of
Washington (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:
7.105.450 Enforcement and penalties—Other than antiharassment protection
orders and extreme risk protection orders.
7.105.465 Enforcement and penalties—Knowledge of order.
Section 3. The following section of Chapter 6.45 of the City of Yakima Municipal
Code is hereby repealed:
6.45.040 Willful violation of antiharassment or protection order.
Section 4. 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.
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.
9.61.250 Telephone harassment—Offense, where deemed committed.
9.61.260 Cyberstalking.
9A.86.010 Disclosing intimate images.
Section 5. Declaration of Emergency; effective date. This ordinance, as a public
emergency ordinance necessary for the protection of the public health, public safety,
public property, and public peace, shall take effect and be in full force immediately upon
its adoption. Pursuant to RCW 35A.12.130, non-exhaustive underlying facts necessary
to support this emergency declaration are included in the "Whereas" clauses above, all
of which are adopted by reference as finding of fact as if fully set forth herein. This
ordinance shall take effect immediately. This ordinance or a summary thereof consisting
of the title shall be published in the official newspaper of the City.
ATTEST: Janice Deccio, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
ORDINANCE NO. 2022-
AN ORDINANCE relating to Public Safety; removing statutes repealed by the State and
adopting the newly codified equivalent RCW's 7.105.450, 7.105.455 and
7.105.465 as an Emergency Ordinance to authorize the continued
prosecution of Violation of Protective Orders and Antiharassment Orders
in the City of Yakima Municipal Court.
WHEREAS, the State Legislature consolidated all protective orders and antiharassment
orders in a new chapter RCW 7.105 entitled Civil Protection Orders and repealed RCW
26.50.110, RCW 10.14.120, and RCW 10.14.170, statutes dealing with penalties for violations
of protective and antiharassment orders; and
WHEREAS, the penalties for domestic violence protective orders and antiharassment
orders, amongst other types of orders, are now included in RCW 7.105; and
WHEREAS, the City of Yakima Police Department enforces protective orders and anti-
harassment orders within the City of Yakima and forwards referrals to the City of Yakima
Prosecution Division for filing in the Municipal Court; and
WHEREAS, the City of Yakima Prosecution Division prosecuted 539 violations of
protective orders in 2021; and
WHEREAS, violations of protective orders cause great distress for victims of crime and
can put victims in danger of further violence, perpetrator manipulation, and further harassment;
and
WHEREAS, prosecution of protection order violations is vital for the purposes of holding
perpetrators of domestic violence accountable and protecting the community against those
individuals that are violating court orders; and
WHEREAS, without adoption of this Emergency Ordinance the City of Yakima will no
longer be able to prosecute these offenses in Yakima Municipal Court and all referrals will be
sent to the Yakima County Prosecuting Attorney's Office, who has a large caseload and does
not need the additional burden of cases which the City of Yakima has jurisdiction, and moreover
the City will have no control over the filing and resolution of said violations; and
WHEREAS, this Emergency Ordinance promotes the public good and is necessary for
the protection of public health, property, safety, and welfare of citizens of the City of Yakima. A
public emergency exists requiring that this ordinance becomes effective immediately; Now,
Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Finding of Fact. The recitals set forth above are hereby adopted as the
City Council's initial finding of fact in support of this ordinance.
Section 2. The following section, 6.05.090, of the City of Yakima Municipal Code is
hereby amended to read as follows:
6.05.090 Statutes adopted—Violation of orders—Enforcement and penalties.
The following Revised Code of Washington (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:
7.105.450 Enforcement and penalties—Other than antiharassment protection
orders and extreme risk protection orders.
7.105.465 Enforcement and penalties—Knowledge of order.
Section 3. The following section of Chapter 6.45 of the City of Yakima Municipal
Code is hereby repealed:
6.45.040 Willful violation of antiharassment or protection order.
Section 4. 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.
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.
9.61.250 Telephone harassment—Offense, where deemed committed.
9.61.260 Cyberstalking.
9A.86.010 Disclosing intimate images.
Section 5. Declaration of Emergency; effective date. This ordinance, as a public
emergency ordinance necessary for the protection of the public health, public safety,
public property, and public peace, shall take effect and be in full force immediately upon
its adoption. Pursuant to RCW 35A.12.130, non-exhaustive underlying facts necessary
to support this emergency declaration are included in the "Whereas" clauses above, all
of which are adopted by reference as finding of fact as if fully set forth herein. This
ordinance shall take effect immediately. This ordinance or a summary thereof consisting
of the title shall be published in the official newspaper of the City.
PASSED UNANIMOUSLY BY THE CITY COUNCIL, signed and approved this 5th day of
July, 2021.
PASSED UNANIMOUSLY BY THE CITY COUNCIL, signed and approved this 5th day of
July, 2021.
ATTEST: Janice Deccio, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date: