Ordinance 4248ORDINANCE NO. 4248
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.34 ECC (PERSONS, CRIMES
RELATING TO) TO ADOPT BY REFERENCE RCW 7.94.120 AND
RCW 7.105.460; PROVIDING FOR SEVERABILITY; DECLARING
AN EMERGENCY AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City has, under Edmonds City Code (ECC) Section 5.34.040 (Failure
to Abide by Court Order), made it a misdemeanor for any person subject to a court order, the violation
of which is not covered by a specific provision of Chapter 5.34 (Persons, Crimes Relating To), to
knowingly and willfully violate the terms of that order; and
WHEREAS, law enforcement officers or agencies are authorized under Chapter 7.94
RCW (Extreme Risk Protection Order Act) to petition for an extreme risk protection order, and as of
July 1, 2022, such authorization is provided by Chapter 7.105 RCW (Civil Protection Orders); and
WHEREAS, the Edmonds Police Department has determined that it is not currently
authorized under the ECC to enforce certain penalties for violation of extreme risk protection orders that
are available under RCW 7.94.120 (Penalties), which penalties will be codified at RCW 7.105.460 as of
July 1, 2022; and
WHEREAS, after review and discussion, the City Council has determined it to be
appropriate to amend ECC 5.34.040 to adopt RCW 7.94.120 and RCW 7.105.460 by reference; and
WHEREAS, the city council would like this ordinance to take immediate effect so that
the deterrent effect provided by its protections can be available immediately should someone need them;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECC 5.34.040 is amended to read as follows (new text shown in underline):
5.34.040 Failure to abide by court order.
A. State Statutes Adopted by Reference. The following statutes of the state of Washing -ton as the same
exist or shall hereafter be amended are hereby adopted by reference:
RCW
7.94.120 Penalties
7.105.460 Enforcement and penalties — Extreme risk protection orders — False petitions
B. It shall be a misdemeanor for any person subject to a court order, the violation of which is not
covered by a specific provision of this chapter, to knowingly and willfully violate the terms of that
order.
Section 2. Severability. 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. Declaration of Emergency. This ordinance, being an administrative
function of the city council, is not subject to referendum. Because it is not subject to referendum,
RCW 35A.12.130 applies. Pursuant to RCW 35A.12.130, this ordinance shall take effect immediately
upon passage by a majority vote plus one of the whole membership of the city council. The city council
hereby declares that an emergency exists necessitating that this ordinance take immediate effect.
Without an immediate effective date of this ordinance, the deterrent effect of these extreme risk
protection order penalties would be delayed by approximately ten days and would not be available during
that ten-day period if someone needed those penalties in place to have protection from an extreme risk.
Section 4. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 5. Effective Date. This ordinance is not subject to referendum and shall
take effect and be in full force and effect immediately upon passage, as set forth herein, as long
as it is approved by a majority plus one of the entire membership of the Council, as required by
RCW 35A.12.130. If it is only approved by a majority of the Council, it will take effect five
days after passage and publication.
ATTEST/AUTHENTICATED:
CLERK, SCOT Y
APPROVED AS TO FORM:
2
APPROVED:
MAY MIKE NELSON
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
February 11, 2022
February 15, 2022
February 18, 2022
February 15, 2022
4248
3
SUMMARY OF ORDINANCE NO. 4248
of the City of Edmonds, Washington
On the 15' day of February, 2022, the City Council of the City of Edmonds, passed Ordinance No. 4248.
A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.34 ECC (PERSONS, CRIMES RELATING
TO) TO ADOPT BY REFERENCE RCW 7.94.120 AND RCW
7.105.460; PROVIDING FOR SEVERABILITY; DECLARING AN
EMERGENCY AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 15' day of February, 2022.
CLERK, SCOTT Y
Y � '
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being fust duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH948914 ORDINANCE
SUMMARY as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
02/18/2022 and ending on 02/18/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount the fee for s h publication is
$65.36.
Subscribed and sworn befo me on this
day of ,
Notary Public in and for the State of
Washington.
City dEd—& - LECALADS 114101416
SCOTT PASSL•'Y
Linda Phillips
Notary Public
State of Washington
My Appainlmenl Expiras 812B12t125
Gommisslan Number �i7
Classified Proof
ORDINANCE SUMMARY
cf the Cily of Ednwnda, Woalvngton
On the 111=0111M.2022. the C4 Council of Inn Ch Of
Edmonds, therg Ormmancm the summar195 of Said
Ordfnanres corlsishn; of Udvs.are provided as follows-
p�iOINANCE No..
AN ORDINANCE OF 7HE c4T1TOF EDMONDS WASHINGTON,
AMENDING CHAPTER 1.20 ECC, ENTIKEO -PUBLTC
RECORDS REQUESTS; TO ALIGN WITH THE
REORGANa2A7iON OF THE ADMINISTRATIVE SERVICES
DEPARTMENT
DIN NC NF 4Pa13
AN ORDINANCE OFfHff"CTY PF EDMONL39, WASHINGTON.
AUTHORIZING ALLOCATION OF AMERICAN RESCUE PLAN
ACT FUNDS FOR THE PURPOSE OF PROVIDING COVID
PREMIUM PAY TO ELIGIBLE CITY EMPLOYEES AND
ALfRiORRNO ADDITIONAL VACATION DAYS FOR SUCH
EMPLtlYEES
DINANCE N. d 47
AN ORDINANCE OF-TH CI Y M OS WASHINGTON,
ESTABLISHING AN IMMEDIATE. EMERGEN6l1 MORATORIUM
ON THE ACCEPTANCE OF BUILDING P&AMIT APPLICATIONS
FOR 802 ZONED LOTS THAT DO NOT FRONT ON A
DESfGNATED STREET FRONT, TO HE IN EFFECT UNTIL THE
Cr1Y OF EDMONDS ADOPTS INTERIM DEVELOPMENT
REGULATIONS FOR SUCH BD2 ZONED LOTS, SETTING TWO
MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM,
AND DECLARING AN EMERGENCY
ORDINANCE ND. 4246
AN ORDINANCE of,-TWCITY�IFEOT,1ONDs. WASHNOTON,
AMENDING. CHAPTER SL34 ECO ERSONS,
RELATING TO) TO ADOPT BY REFERENCE ROW T 94.1201MES AND
RCW 7-105.460; PROVIDING FOR SEVERABILITY; DECLARING
AN EMERGENCY AND SETTING AN EFFECTIVE DATE
The ful Ia%1 01 Brew Ordinances wtli W ienl upon request
DATED this 15Th DOY of February, 2022.
CITY CLERK, SCOTT PAS SEY EDH948914
Pub shed: February I S, 2022,
Proofed by Phillips, Linda, 02/18/2022 08:49:25 am Page: 2