Ordinance 32910006.900000
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11/16/99
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ORDINANCE NO. 3291
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
EDMONDS CITY CODE 5.34.015 DEFINING ASSAULT IN
THE FOURTH DEGREE AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds adopts by reference state statutory provisions
regarding assault in the fourth degree but itself defines "assault ", and
WHEREAS, the current ordinance definition requires infliction of bodily injury
and does not include unwanted and offensive conduct that is not accompanied by physical pain
or injury; and
WHEREAS, the City Council deems it to be in the public interest in order to
maintain public order and encourage civil behavior to criminalize the behavior of offensive
touching without bodily injury, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.34.015 Definition of Assault in the Fourth De ee is hereby
amended to read as follows:
5.34.015 Definition of assault in the fourth degree.
A. Assault defined.
1. An assault is an intentional touching, striking or
contact with another person that is harmful or offensive regardless
of whether any physical injury is done to the person. A touching,
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striking or contact is offensive if the touching, striking or contact
would offend an ordinary person who is not unduly sensitive.
2. An assault is also an act done with an intent to
inflict bodily injury upon another, tending, but failing to
accomplish it, and accompanied by the apparent present ability to
inflict the bodily injury if not prevented. It is not necessary that
bodily injury be inflicted.
3. An assault is also an act, with unlawful force, done
with an intent to create in another apprehension and fear of bodily
injury, and which in fact creates in another a reasonable
apprehension and eminent fear of bodily injury even though the
actor did not actually intend to inflict bodily injury.
B. Exclusions and defenses.
1. An act is not an assault if it is done with the consent
of the person alleged to be assaulted.
2. Self defense shall be a complete defense to the
charge of assault in the fourth degree, if the action was committed
in self defense or defense of another; provided, that any such
defense must be reasonable and necessary.
Section 2. Severabili1y. 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.
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APPROVED:
I I I ON L.�
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF M9TTY AXIMNEY:
�;W-
BY
W. Scott Snyder
FILED WITH THE CITY CLERK: 01/14/2000
PASSED BY THE CITY COUNCIL: 01/18/2000
PUBLISHED: 01/23/2000
EFFECTIVE DATE: 01/28/2000
ORDINANCE NO. 329
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SUMMARY OF ORDINANCE NO. 3291
of the City of Edmonds, Washington
On the 18th day of January, 2000, the City Council of the City of Edmonds,
passed Ordinance No. 3291. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF EDMONDS CITY CODE 5.34.015 DEFINING ASSAULT IN THE
FOURTH DEGREE AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will. be mailed upon request.
DATED this 19th day of January, 2000.
11 4�� "e ez,-,
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHI:NGTON, r�
COUNTY OF SNOHOMSH,
SUMMARY OF ORDINANCE
The undersigned, being first duly sworn on oath deposes and says
1
of the ityo moods,
that she is Principal Clerk of THE HERALD, a daily newspaper
Washington
on the 18th day of Janu y
the City
printed and published in the City of Everett, County of Snohomish,
2000, the City Council of
of Edmonds, passed ordinance
No. 3291. A summary of the
and State of a Washington; that said newspaper is a newspaper of
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content of said ordinance, con-
sisting of the title, provides as
general circulation in said County and State; that said newspaper
follows:
AN ORDINANCE OF THE CITY
has been approved as a legal newspaper by order of the Superior
OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS
OF
Court of Snohomish County and that the notice ......... ...............................
j 34.015MDEFINI G ASSAULT
IN THE FOURTH DEGREE AND
FIXING A TIME WHEN THE
Summar HO 3. 291
SAME SHALL BECOME
.y..of..Or.dinarsce ... ...... ......................... ...............................
EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATEDthis 19th day of Janu-
....................................................................................................... ...............................
ary,2000.
CITY CLERK,
SANDRA S. CHASE
Published: January 23, 2000.
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
January...2.3...... 0 00 ........................ . ......................................................... ...........
........... . ................................... ...................................... ........... . ...................
.........
Id that aid newspaper wa egularly distributed to its subscribers
all of said�eriod.�-' /
-- ---- ----
Principaal Clerr
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Subscribed and sworn to before me this ........ 3rd
day........... .. a .... . ary .... .. ............. ............. I 20...QQ
. . ... .............. . .. .. ......... ...............................
Notary Public in and for t State of Washington,
residing at Everett, Snoho 'sh C ty.
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