Ordinance 4160ORDINANCE NO.4160
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.38 ECC
(OFFENSES RELATING TO LEWD CONDUCT) TO ADD A
SECTION PROHIBITING THE DISCLOSURE OF INTIMATE
IMAGES; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the Edmonds Police Department has proposed the adoption by
reference of RCW 9A.86.010 ("Disclosing intimate images") into the Edmonds City Code
("ECC"); and
WHEREAS, after review and discussion, the City Council has determined that
it is in the best interests of the city to amend Chapter 5.38 ECC ("Offenses Relating to Lewd
Conduct") to adopt this statute by reference; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The following Subsections .170 is hereby added to ECC 5.38
Offenses Relatingto o Lewd Conduct to read as follows:
5.38.170 State statutes adopted by reference.
A. The following statutes of the state of Washington, including all future
amendments, are adopted by reference as if set forth in full herein:
RCW 9A.86.010 Disclosing intimate images
B. Notwithstanding the RCW section(s) specifically adopted by reference in
subsection (A) of this section, all RCW sections necessary for the investigation,
arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors
and gross misdemeanors under this chapter are hereby adopted by reference as
currently enacted or as hereafter amended or recodified from time to time, and
shall be given the same force and effect as if set forth herein in full.
C. The provisions in ECC 5.14.010(A) regarding the effect of adopting state
1
statutes by reference apply to this section.
D. All class C felony crimes set forth in the RCW are hereby adopted by reference for
the purposes of charging a gross misdemeanor for a violation of any of the crimes set
forth in Chapter 9A.28 RCW. The adoption of class C felonies shall be subject to the
provisions of subsections (B) and (C) of this section.
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 :
LE KSC TT SEY
APPROVED AS TO FORM:
OPFICE OF THE CITY ATTORNEY
OA
Cer �Lt�'
MAYOR, DAVID O. EARLING
FILED WITH THE CITY CLERK: September 13, 2019
PASSED BY THE CITY COUNCIL: September 17, 2019
PUBLISHED: September 20, 2019
EFFECTIVE DATE: September 25, 2019
ORDINANCE NO.: 4160
SUMMARY OF ORDINANCE NO. 4160
of the City of Edmonds, Washington
On the 17th day of September, 2019, the City Council of the City of Edmonds, passed Ordinance
No. 4160. 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 5.38 ECC (OFFENSES RELATING TO LEWD
CONDUCT) TO ADD A SECTION PROHIBITING THE DISCLOSURE OF
INTIMATE IMAGES; PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 171h day of September, 2019.
CI ERK, SCOT T P SEY
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Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Lemma Hartell 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 EDH874480 ORDINANCE NO.
4160 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
09/20/2019 and ending on 09/20/2019 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for u h p lication is
$42.00.
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Subscribed and sworn before me on this
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day of I
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OF Wg5N'�'__�
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Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTC PASSEY
Classified Proof
SUMMARY CF CADINANCE NO.41K
dT me Clty oPEyAiafHIe, Waahln
On the t71h dey oT5epteml7er, tOS9.1na Clty CpDonOErnG1 of Ina Clty a}
Edmonds, peened Orcinarxe Nv, 4160 A summary of the contw
❑6xvld a5' 1's oo, coneran of the tjUe ;vwa5 ax W10ws:
AN ORDINANCE nF THE CITY OF EDMONDS.
WASHINOTCN, AMENDING CHAPTER 6.38 ECG
�OFFENSES RELATING TO LEWD CONDUCTI TO Apt] A
EGTEON PROHIBITING THE DiSCLOSURE CIF INTIMATE
IMAGES; PROVIDING FOR SEVCRA$ILITY; AND SETTING
AN EFFECTEVE DATE.
TTIe lug toxt atthts ordo nce will be ruled upon request.
DATED Ihm 1 Tth day of September. 2019
F,I7Y CLERA. SCOTT PASSEY
PUbBShed: September 20, 2019. EDH674480
Proofed by Hartell, Leanna, 09/20/2019 08:51:35 am Page: 2