2011/08/17 Council Agenda Packet

• 3 Ordinance No. An Ordinance relating to Harassment,Amending Ordinance No. 1521-88,as amended(EMC 10.23.010) Whereas, in the 2011 session, the State Legislature amended RCW 9A.46.020 (harassment statute) to specifically address harassment against "criminal justice participants," and defined this type of harassment as a class C felony; and Whereas, the City of Everett City Council deems it appropriate for the City Criminal Code to properly reference RCW 9A.46.020 as the applicable criminal statute when circumstances exist that define Harassment as a felony instead of a gross misdemeanor; NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1: Sections 1 (part) and 2 of Ordinance No. 1521-88, as amended by Section 1 of Ordinance 2235- 97 and Section 2 of Ordinance No.2413-99(EMC 10.23.010),which reads as follows: Prohibited—Penalty. A. A person is guilty of harassment if: 1. Without lawful authority,the person knowingly threatens: a.To cause bodily injury immediately or in the future to the person threatened or to any other person; or b.To cause physical damage to the property of a person other than the actor; or c.To subject the person threatened or any other person to physical confinement or restraint; or d.Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and 2. The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the .sending of an electronic communication. B. A person who harasses another is guilty of a gross misdemeanor, except that the person is guilty of a class C felony if either of the following applies: (1)The person has previously 20