Ordinance 3143I
0006.160.078
DLF /nkr
02/20/97
ORDINANCE NO. 31431
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 5.34.030 OF THE
EDMONDS CITY CODE BY ADDING A NEW SUBSECTION,
WHICH ADOPTS BY REFERENCE THE STATE STATUTE
WHICH ESTABLISHES THE CRIME OF INTERFERENCE
WITH THE REPORTING OF DOMESTIC VIOLENCE, AND
FIXING A T ME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, state legislature has made it a misdemeanor to interfere in the
reporting of a domestic violence dispute, and
WHEREAS, the City Council of the City of Edmonds wishes to adopt the state
statute by reference, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.34.030 of the Edmonds City Code is hereby amended by
adding a new subsection (W), to read as follows:
5.34.030 Domestic Violence: State Statutes Adopted by
Reference. The following statutes of the ' state of Washington,
including all future amendments thereto, are hereby adopted by
reference:
A. RCW 10.99.020 Definitions
W. RCW 9A.36.150 Interfering with the
reporting of domestic
violence.
154887.10 -1-
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 specifi-
cally 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.
APPROVED:
�
MAYOR, .. W�J
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH T11 CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3143
05/16/97
05/20/97
05/25/97
05/30/97
154897.10 -2-
RCW 9A.36.150 Interfering with the reporting of domestic violence.
(1) A person commits the crime of interfering with the reporting of domestic violence if
the person:
(a) Commits a crime of domestic violence, as defined in RCW 10.99.020; and
(b) Prevents or attempts to prevent the victim of or a witness to that domestic violence
crime from calling a 911 emergency communication system, obtaining medical assistance, or
making a report to any law enforcement official.
(2) Commission of a crime of domestic violence under subsection (1) of this section is a
necessary element of the crime of interfering with the reporting of domestic violence.
(3) Interference with the reporting of domestic violence is a gross misdemeanor. [1996 c
248 § 3.]
RCW 10.99.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this
chapter.
(1) "Family or household members" means spouses, former spouses, persons who have a
child in common regardless of whether they have been married or have lived together at any
time, adult persons related by blood or marriage, adult persons who are presently residing
together or who have resided together in the past, persons sixteen years of age or older who are
presently residing together or who have resided together in the past and who have or have had a
dating relationship, persons sixteen years of age or older with whom a person sixteen years of age
or older has or has had a dating relationship, and persons who have a biological or legal
parent -child relationship, including stepparents and stepchildren and grandparents and
grandchildren. '
(2) "Dating relationship" has the same meaning,as in RCW 26.50.010.
(3) "Domestic violence" includes but is not limited to any of the following crimes when
committed by one family or household member against another:
(a) Assault in the first degree (RCW 9A.36.011);
(b) Assault in the second degree (RCW 9A.36.021);
(c) Assault in the third degree (RCW 9A.36.031);
(d) Assault in the fourth degree (RCW 9A.36.041);
(e) Reckless endangerment in the first degree (RCW 9A.36.045);
(f) Reckless endangerment in the second degree (RCW 9A.36.050);
(g) Coercion (RCW 9A.36.070);
(h) Burglary in'the first degree (RCW 9A.52.020);
(i) Burglary in the second degree (RCW 9A.52.030);
0) Criminal trespass in the first degree (RCW 9A.52.070);
(k) Criminal trespass in the second degree (RCW 9A.52.080);
(1) Malicious mischief in the first degree (RCW 9A.48.070);
(m) Malicious mischief in the second degree (RCW 9A.48.080);
(n) Malicious mischief in the third degree (RCW 9A.48.090);
(o) Kidnapping in the first degree (RCW 9A.40.020);
(p) Kidnapping in the second degree (RCW 9A.40.030);
(q) Unlawful imprisonment (RCW 9A.40.040);
(r) Violation of the provisions of a restraining order restraining the person or restraining
the person from going onto the grounds of or entering a residence, workplace, school, or day care
(RCW 26.09.300, 26.10.220, or 26.26.138);
(s) Violation of the provisions of a protection order or no- contact order restraining the
person or restraining the person from going onto the grounds of or entering a residence,
Page [ 1 ] 6/09/97
workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, 10.99.040, or 10.99.050);
(t) Rape in the first degree (RCW 9A.44.040);
(u) Rape in the second degree (RCW 9A.44.050);
(v) Residential burglary (RCW 9A.52.025);
(w) Stalking (RCW 9A.46.110); and
(x) Interference with the reporting of domestic violence (RCW 9A.36.150).
(4) "Victim" means a family or household member who has been subjected to domestic
violence. [1996 c 248 § 5; 1995 c 246 § 21; 1994 c 121 § 4; 1991 c 301 § 3; 1986 c 257 § 8;
1984 c 263 § 20; 1979 ex.s. c 105 § 2.]
NOTES:
Severability --1995 a 246: See note following RCW 26.50.010.
Finding - -1991 c 301: "The legislature finds that:
The collective costs to the community for domestic violence include the systematic destruction of
individuals and their families, lost lives, lost productivity, and increased health care, criminal justice, and social
service costs.
Children growing up in violent homes are deeply affected by the violence as it happens and could be the
next generation of batterers and victims.
Many communities have made headway in addressing the effects of domestic violence and have devoted
energy and resources to stopping this violence. However, the process for breaking the cycle of abuse is lengthy. No
single system intervention is enough in itself.
An integrated system has not been adequately funded and structured to assure access to a wide range of
services, including those of the law /safety /justice system, human service system, and health care system. These
services need to be coordinated and multidisciplinary in approach and address the needs of victims, batterers, and
children from violent homes. ,
Given the lethal nature of domestic violence and its effect on all within its range, the community has a
vested interest in the methods used to stop and prevent future violence. Clear standards of quality are needed so that
perpetrator treatment programs receiving public funds or court- ordered referrals can be required to comply with
these standards.
While incidents of domestic violence are not caused by perpetrator's use of alcohol and illegal substances,
substance abuse may be a contributing factor to domestic violence and the injuries and deaths that result from it.
There is a need for consistent training of professionals who deal frequently with domestic violence or are in
a position to identify domestic violence and provide support and information,
Much has been learned about effective interventions in domestic violence situations; however, much is not
yet known and further study is required to know how to best stop this violence." [1991 c 301 § 1.]
Severability -1986 c 257: See note following RCW 9A.56.010.
Effective date - -1986 c 257 §§ 3 -10: See note following RCW 9A.04.110.
Effective date — Severability- -1984 c 263: See RCW 26.50.901 and 26.50.902.
Domestic violence defined under the Domestic Violence Prevention Act: RCW 26.50.010.
Filed with City Clerk: .1-11,619 -7
Adopted by Reference
Ordinance # 3 ! -4 . on
City Clerk
Page [ 2 ] 6/09/97
SUMMARY OF ORDINANCE NO. 3143
of the City of Edmonds, Washington
On the 20th day of May , 199 7 , the City Council of the City of Edmonds,
passed Ordinance No. . 314.3 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION
5.34.030 OF THE EDMONDS CITY CODE BY ADDING A NEW SUBSECTION, WHICH
ADOPTS BY REFERENCE THE STATE STATUTE WHICH ESTABLISHES THE CRIME
OF INTERFERENCE WITH THE REPORTING OF DOMESTIC VIOLENCE, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21 st day of May , 199 7
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOYLISH,
Of
of
A summary
said Ord$_
of the title,
as.
Affidavit of Publication
RECEIVED
JUN - 3 1997
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of • Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3143
............................................................................. ......................... ...... I ..................
City of Edmonds, Washington
................................................ ............................... ............ ......................... . .....
WHENTHE SAML ....................................................................................................... ...............................
L BECOME EFFECTIVE.
fun text of this Ordi- a printed copy of which is hereunto attached, was published, in said
i will be mailed upon re-
�EO this list day of May, newspaper proper and not in supplement form, in the regular and
ity erks. CHASE entire edition of said paper on the following days and times, namely:
;had: Mav 25. t997.
May 25, 1997
....................................................................................................... ....................... ........
.................................................................................................... ....... ................. .......
a th s 'd newspaper was g stributed to its subscribers
du ' of said period.
............. .. . .. .. .. .............................................
Principal Clerk
Subscribed and sworn to before me this ..... 2 01
da May.... ...... . - ......, 199.....
........ ... ...... .. . .. ...... g.......
otary Public in and for the St of Washington,
residing at Everett, Snoho h unty.
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