The URL can be used to link to this page

Home My WebLink About08/01/2022 06.P. 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 1 sirF`;/,:,_,,1„„„„„ 4"'+ A ,-.\gm'or :qq,:,',D , BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 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 Type D Ord-Title 6 harassment&cyberstalking-track changes 7/21/2022 Ordinance a Ord-Title 6 harassment&cyberstalking-changes 7/21/2022 Ordinance accepted 3 ORDINANCE NO. 2022- AN ORDINANCE 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 26.50.01010.99.020, 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 and RCW Chapter 26.50.110 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 4 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.90.1209.61.260 Cyber harassment.Cyberstalking 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 approved this 1st day of August, 2022. Janice Deccio, Mayor ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: 2 5 ORDINANCE NO. 2022- AN ORDINANCE 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 ROW 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 6 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 approved this 1' day of August, 2022. Janice Deccio, Mayor ATTEST: Sonya Clear Tee, City Clerk Publication Date: Effective Date: 2