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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 the Washington State Legislature has repealed the prohibition against simple assault, effective July 1, 1988, and enacted assault in the fourth degree to replace the s_ ole assault statute, and WHEREAS,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- .'*tm 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. RPB007230 -2- _w'�/h�� -__. _ _ ... '•- ..ram "1���w..- �' .- 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 RPB007230 -3-