Ordinance 4305ORDINANCE NO.4305
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.34 ECC
(PERSONS, CRIMES RELATING TO) TO REPEAL, FOR
PURPOSES OF MORE EFFECTIVE PROSECUTION, THE
SUBSECTION RELATING TO THE CHARGE OF
DOMESTIC VIOLENCE STRANGULATION; PROVIDING
FOR SEVERABILITY; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, in April 2018, the City Council passed Ordinance 4108 to add
certain charges relating to domestic violence to Edmonds City Code Chapter 5.34 (Persons,
Crimes Relating To); and
WHEREAS, since that time, the City's prosecuting attorney's office has
determined that, in practice, the adopted subsection relating to the charge of domestic violence
strangulation creates complications for the prosecution of domestic violence ("DV") cases, in
that it is not recognized by the State and upon conviction, does not trigger other Washington
State DV conviction consequences, such as firearm prohibitions, DNA samples, and Felony
charging that results from previous DV convictions; and
WHEREAS, the Police Department has determined that such complications may
be resolved, and prosecution of domestic violence charges made more effective and appropriate,
by removing the strangulation subsection from ECC 5.34 and instead relying on a charge of
Assault in the Fourth Degree, as set forth in ECC 5.34.010, in cases that were previously
charged under ECC 5.34.030(C); and
WHEREAS, after review and discussion, the City Council has determined it to
be appropriate to amend Section 5.34.030 ECC ("Domestic Violence") to repeal subsection (C)
from that section;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECC 5.34.030 is amended to repeal subsection (C) as follows
(deleted text is shown in sti-i a tl ^ugh; new text is shown in underline):
5.34.030 Domestic Violence
A. State Statutes Adopted by Reference. The following statutes of the state of Washington as
the same exist or shall hereafter be amended are hereby adopted by reference:
RC W
10.99.020 Definitions
10.99.030 Law enforcement officers — Training, powers, duties
10.99.040 Restrictions upon and duties of court
10.99.045 Appearances by defendant — Orders prohibiting contact
10.99.050 Restriction or prohibition of contact with victim — Procedures
10.99.055 Enforcement of orders against defendants
26.50.010 Definitions
26.50.020 Commencement of action — Jurisdiction — Venue
26.50.030 Petition for an order for protection — Availability of forms and instructional
brochures — Filing fee — Bond not required
26.50.040 Application for leave to proceed in forma pauperis
26.50.050 Hearing — Service — Time
26.50.060 Relief
26.50.070 Ex parte temporary order for protection
26.50.080 Issuance of order — Assistance of peace officer — Designation of appropriate law
enforcement agency
26.50.090 Order — Service
26.50.100 Order — Transmittal to law enforcement agency — Record in law enforcement
information system — Enforceability
26.50.110 Violation of order— Penalties
26.50.120 Violation of order —Prosecuting attorney or attorney for municipality maybe
requested to assist — Costs and attorney's fees
26.50.130 Order— Modification —Transmittal
2
26.50.140 Peace officers — Immunity
26.50.200 Title to real estate — Effect
26.50.210 Proceedings additional
9A.36.150 interfering with the reporting of domestic violence
B. Domestic Violence Anti -Merger Clause. Every person who, in the commission of a crime
of domestic violence, shall commit any other crime, may be punished therefor as well as for
the crime of domestic violence, and may be prosecuted for each crime separately.
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C.D-. Exposing Children to Domestic Violence.
1. A person commits the crime of exposing children to domestic violence when he or
she:
a. Commits a crime of domestic violence, as defined in RCW 10.99.020; and
b. The crime is committed in the immediate presence of, or is witnessed by, the
person's or the victim's minor child, stepchild, or a minor child residing within the
household of the person or victim.
2. For the put -poses of this section, "witnessed" shall mean if the crime is seen or
directly perceived in any other manner by the child.
3. Exposing children to domestic violence is a gross misdemeanor.
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. Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
ATTEST/AUTHENTICATED:
CITY CLERK; TT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAI4
4
APPROVED:
MAY MIKE NELSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
June 16, 2023
June 20, 2023
June 23, 2023
June 28, 2023
4305
SUMMARY OF ORDINANCE NO. 4305
of the City of Edmonds, Washington
On the 20' day of June, 2023, the City Council of the City of Edmonds, passed
Ordinance No. 4305. 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 REPEAL, FOR PURPOSES OF
MORE EFFECTIVE PROSECUTION, THE SUBSECTION
RELATING TO THE CHARGE OF DOMESTIC VIOLENCE
STRANGULATION; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 20'h day of June, 2023.
CITY CLERK, T PASSEY
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first 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 EDH979314 ORDINANCES
4304-4310 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
06/23/2023 and ending on 06/23/2023 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount o [lie fee for s h ublicad
$125.56.
Subscribed and sworn afore me on this
day of
{ I
Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 1141014 M
SC0'11'1'ASS1:Y
Linda Phillips
Notary Public
State of Washington
My Appointment Expires 8129i2025
Commission Number 4117
Classified Proof
ORDINANCE Si1M. hA&
ofthe cityO on 5, as »fin
On the 201h oay of June 2023. She Cily GOulxtl of Iln City of
EdmCnds, passed the SaSkLving prdinaflcas, It+e Suminarles of said
ordlnanLe9 LchsEsfing of titles are prtnrided as f011esva:
ORDINANCE N0.430d
AN ORDINANCE OF+IpNlJS, WRSHINGTON,
RELATING TO PROTECTION ORDERS AND AMENDING
EDMONDS MUNICIPAL CODE SECTION
5 34.040; PROVIDING FOR SEVERABILITY; AND SETTING THE
EFFECTIVE DATE.
ORDINq�NO I 4305
AN ORDINANCE cr�Vo LITY, OF W NDS, WASHINGTON.
AMENDING CHAPTER 5.34 ECC �PERSflN$, CRIMES
RELATING TO] TO REPEAL, FOR PURPgSES OF MORE
EFFECTIVE PROSECUTION, THE SUSSECTION RELATING TO
THE CHARGE OF DOMESTIC VIOLENCE STRANGULATION
AND INSTEAD RELYING ON THE CHARGE OF ASSAULT IN
THE FOURTH DEGREE AS SET FORTH IN ECC $.34,010: TO
REVISE TITLE$ TO CERTAIN STATE LAWS THAT HAVE BEEN
AMENOED; TO REMOVE REFERENCES TO CERTAIN STATE
LAWS THAT HAVE BEEN REPEALED; PROVIDING FOR
SEVERABILITY: AND SETTING AN EFFECTIVE OAT
OR INANC .4303
AN ORDINANCE OF HE C D EOM 05, WASHINGTON,
AMENDING CHAPTER 3.50 ECC (MISCELLANEOUS CHARGES)
TO RAISE THE FEES CHARGEC FOR FINGERPRINTING
SERVICES: PROVIDING FOR SEVERABILITY; AND SETTING
AN EFFECTIVE DATE.
RCHNANCE ND 43 T
AN ORDINANCE DF E EDh HDS. WASHINGTaN.
AMENDING CHAPTER 16.45 ECDC TO ALLOW DAY-CARE
CENTERS AS AN OUTRIGHT PERMITTED USE IN THE
NEIGHBORHOOD BUSINESS (ON) ZONE AND. TO eXEMPT
g&ZEPRAGORECREATION
TTAACES OM THE
NONOET OPERATING THAT REQUIRE MOST
USES TO BE LOCATED WITHIN FULLY ENCLOSED 9UILDINGS
NANCODR�E 0El
D3, WASHINGTON. ORDINANCE OFTHD�F MIONESTABLISHING NEW
SSES AND AMENDING
PROCESSES RELATED TOTHEFILLING Of: OPENINGSING ONN
THECITY'S HOARDS AND CCU MISS IONS•
ORDINANCE ND. 4309
AN ORDINANCE or7HE 1^ TY U EOMONOS, WASHINGTON.
RELATING TO THE COMBINED WATER AND SEWERAGE
SYSTEMS COMPRISING THE WATERWORKS UTILITY OF THE
CITY,, PROVIDING FOR THE ISSUANCE OF ONE OR MORE
SERIES OF WATER AND SEWER REVENUE BONDS FOR THE
OF { TO
PROVIDE FUNDS TO PAY ALL OR PART CF THEECCOS`C1S OF
REFUNDING CERTAIN OUTSTANDING WATER AND SEWER
REVENUE BONDS OF THE CITY TO ACHIEVE A DEBT
SERVICE AND TOTHE COSTS OF
ISSUANCE�AND VINGSSALE OF THEPABONDS AND Tf�+E
ADMINISTRATIVE COSTS OF THE REFUNDING: FIXING OR
SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS
AND COVENANTS OF THE BONDS; APPOINTING THE CITY'S
DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL
TERMS OF THE SALE OF THE BONDS: AMENDING
PROVIDING FOR OTHER RELATEDDINANCE NO- 39%. AND ORDINANCE MATTERS, 4167; AND
OR NCE H 4510
AN ORDINANCE Os 7NOS, WASHINGTON,
AS A R SULLTRDINANCE OF CHANGES TO REALLOCATING OCATING HE CITY
AMERICAN RESCUE PLAN ACT FUNDS, REDUCING THE
ALLOCATION FOR JOB RETRAINING AND DIRECTING THAT
AMOUNT TO SUPPORT THREE ELE?AFNTARY SCHOOLS IN
WHEN THE SAME SHALLEDMONDS BECOME EFFECL DISTRICT, TE FIXING A TIME
DATED thts 20Ih Day of June. 2023.
Proofed by Phillips, Linda, 06/28/2023 10:48:36 am Page: 2
Classified Proof
CITY CLERK, SCOTT PASSEY
Published: June 23, 2023. EDH979314
Proofed by Phillips, Linda, 06/28/2023 10:48:36 am Page: 3