Ordinance 4108ORDINANCE NO.4108
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
5.34.030 ("DOMESTIC VIOLENCE — STATE STATUTES
ADOPTED BY REFERENCE") TO ADOPT ADDITIONAL
DOMESTIC VIOLENCE PROVISIONS; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Edmonds has adopted certain Washington state statutes
relating to domestic violence by reference in Section 5.34.030 of the Edmonds City Code (`BCC");
and
WHEREAS, the Edmonds Police Department has recommended the adoption of
certain additional provisions relating to domestic violence to enhance the protections provided by
Section 5.34.030; and
WHEREAS, after review and discussion, the City Council has determined it
appropriate to amend Section 5.34.030 ECC ("Domestic Violence — State Statutes Adopted by
Reference") to adopt these additional provisions; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.34.030 of the ECC Domestic Violence -- State Statutes
Adopted by Reference is hereby amended to read as follows (deleted text in ; new
text in underline):
5.34.030 Domestic violence State statutes adopted by refereffe.
A. State Statutes Adapted by Reference.
The following statutes of the state of Washington as the same exist or shall hereafter be amended
are hereby adopted by reference:
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RCW
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 may be
requested to assist — Costs and attorney's fees
26.50.130 Order — Modification — Transmittal
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-Mer er Clause.
Eygry_person who, in the commission of a crime of domestic violence, shall commit any other
crime. may be punished therefore as well as for the crime of domestic violence and may be
prosecuted for each crime separately.
C. Strangulatio
1. A person is_guilty of strangulation if, under circumstances not amounting to a felony, he
or she assaults another by means of strap lation.
2._"Strangulation" shall mean intentionally impeding normal breathing or circulation of the
blood by gpplying pressure on the throat or neck or by obstructing the nose or mouth of
another person.
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3. Stran ulation is a rocs misdemeanor.
D. ExposingExposigg 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 b the
erson's or the victim's minor child stepchild, or a minor child residing within the
household of the erson or victim.
2. For the pgMoses of this section "witnessed" shall mean if the crime is seen or directly
perceived in gny other manner by the child.
3. Exposing children to domestic violence is a aross misdemeanor.
[Ord. 3143 § 1, 1997; Ord. 2531, 1985].
Section 2. Seve�rability. 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 administrative function of
the city council, 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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MAYOR, DAVID O. EARLING
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ATTEST/AUTHENTICATED:
CI ERK, S OT ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FREY B. TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
April 13, 2018
April 17, 2018
April 22, 2018
April 27, 2018
4108
SUMMARY OF ORDINANCE NO.4108
of the City of Edmonds, Washington
On the 17th day of April, 2018, the City Council of the City of Edmonds, passed
Ordinance No. 4108. 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 ECC
5.34.030 ("DOMESTIC VIOLENCE — STATE STATUTES
ADOPTED BY REFERENCE") TO ADOPT ADDITIONAL
DOMESTIC VIOLENCE PROVISIONS; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of April, 2018.
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CJT TT RK, SCOPA EY
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