Ordinance 26720006.160.070E
RPB/tw
OS/17/88
ORDINANCE NO. 2672
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
REPEALING THE ADOPTION BY REFERENCE OF THE STATE
STATUTE PROHIBITING SIMPLE ASSAULT AND ADOPTING
THE NEW STATE STATUTE, RCW 9A.36.041,
PROHIBITING ASSAULT TN THE FOURTH DEGREE;
CONTAINING A SEVERABILITY CLAUSE AND SETTING AN
EFFECTIVE DATE.
WHEREAS. the Washington State Legislature has repealed
the prohibition against simple assault, effective July 1, 1988,
and enacted assault in the fourth degree to replace the s_ ole
assault statute, and
WHEREAS, the Edmonds City Code should be similarly
amended to repeal the adoption by reference of simple assault and
add the adoption by reference o. assault in the f-)urth .egree,
and
WHEREAS, this ordinance is in the interests of the
public health, safety and welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.34.U10 of the Edmonds City Code
is hereby amended to read as follows:
RP2007230
5.34.010 Assault and other crimes involving physical
harm. The following statutes of the State of
Washington are adopted by reference:
RCW 9A.36.041 Assault in the fourth degree.
RCW 9A.36.050 Reckless endangerment.
RCW 9A.36.070 Coercion.
RCW 9.61.230 Telephone calls to harass,
intimidate, torment or embarrass.
RCW ?.51.240 -----Permitting telephone to be
-1-
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r
used.
RCW 9.61.250 -----Offenses, where
committed.
deemed
Section 2. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 3. The provisions of this ordinance do not
apply to or govern the construction of and punishment for any
offense committed prior to the effective date of this ordinance,
or to the construction and application of any defense to a
prosecution for such an offense. Such an offense must be
construed and punished according tc the provisions of law
existing at the time of the co.w,4ssion thereof in the same "anner
as if this ordinance had not been enacted.
Section 4. The City Clerk is hereby directed to record
an authenticated copy of the state statute adopted by reference
in this ordinance and to maintain not less than one (1) copy of
such statute on file in the office of the City Clerk for use and
examination by the public pursuant to RCW 35a.12.140.
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Section 5. This ordinance being an administrative
action, is not subject to referendum and shall take effect
on July 1, 1988 which is more than five (5) days after
publication of the attached Summary which is hereby approved.
APPROVED:
MAY Y //NAt7GRTM
ATTEST/AUTHENTICATED:
IT CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 5/18/88
PASSED BY THE CITY COUNCIL: June 7, 1989
PUBLISHED: June 12, 198,
EFFECTIVE DATE: July 1, 1988
ORDINANCE NO. 2672
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